Regulation of GM crops in India happens mainly through the Environment Protection Act [1986]’s 1989 Rules. These Rules are called the Rules for the Manufacture, Use, Import, Export and Storage of Hazardous Micro-Organisms, Genetically Engineered Organisms or Cells.

The Genetic Engineering Approval Committee [GEAC] has been authorized as the inter-ministerial body under the Ministry of Environment and Forests to be the authority to permit any manufacture, use, import, export and storage of hazardous micro-organisms and genetically modified organisms or cells. In practice, it is the Review Committee on Genetic Manipulation [RCGM] under the Department of Biotechnology that is currently authorizing research up to limited field trials and also imports of GM material for research purposes. 

In addition to these rules, guidelines have been prepared by the regulators for the actual experimentation and release. There are specific formats prescribed for various applications for GM imports and use to be received by the regulators.

Under the Health Ministry, the Indian Council of Medical Research (ICMR) stated its own views on the Regulatory Regime and the Way Ahead for Genetically Modified Foods in the country. The ICMR opines that the safety assessment of GM foods should be as per Codex alimentarius [India follows OECD guidelines for most tests under safety assessment as of now].

For GM Foods, there is now a proposed legislation to make labeling mandatory under the Prevention of Food Adulteration Act, under the Ministry of Health & Family Welfare. Interestingly enough, the PFA itself is going to be replaced by the new Food Safety & Standards Act, which got enacted during the monsoon session of the Parliament in 2006. This new law will also have implications for GM regulation in the country.

The country also witnessed in 2005, the move by the Department of Biotechnology to make a biotechnology policy in the form of the Draft Biotechnology Development Strategy. Civil society groups responded to this draft policy and gave their feedback strongly, questioning the very premise on which transgenic agriculture is being promoted as a necessity for Indian agriculture through this draft policy.

GM Imports are regulated through the EPA Rules, labeling proposals as well as guidelines issued by the Commerce Ministry in 2006. These DGFT notifications for now [up till March 2007] have exempted GM Soy oil imports from these guidelines.

India’s regulatory regime has recently been questioned by the United States of America, through the Committee on Technical Barriers on Trade. This notification in the Committee has received a strong response from civil society groups. Regulation of GM crops in India, what constitutes the biosafety regime, the institutional mechanisms and issues beyond biosafety in a larger impact assessment framework have been an issue of good debate in the recent past. This is accentuated by the fact that there are many GM crops in the pipeline, waiting for approvals for various stages of trials. Amongst these are GM Potato, GM Mustard, GM Brinjal (briefing paper and civil society feedback to GEAC) and GM Rice.

A Public Interest Litigation was filed in the Supreme Court of India in 2005, which questions the biosafety regime of the country, its adequacy, enforcement etc. There are interim orders passed by the Supreme Court which appear to recognise the conflict of interest inherent in the regulatory regime as of now.

Several studies of the regulatory regime in the country have pointed out to the serious inadequacies in the system, either to meet the Cartagena Protocol commitments, or to protect biosafety in the country.

For more information on the regulation of GMOs in India and official updates regarding the same, visit the following websites:

The official website of the GEAC in India is: http://www.envfor.nic.in/divisions/csurv/geac/geac_home.html

The website of the Department of Biotechnology is http://dbtindia.nic.in