ARUNA RODRIGUES AND ORS. versus UNION OF INDIA AND ORS.

ARUNA RODRIGUES AND ORS. versus UNION OF INDIA AND ORS.

The Supreme Court, recognizing its lack of technical expertise in complex scientific matters such as GMO safety, directed the constitution of a Technical Expert Committee to determine appropriate protocols before any environmental release or field trial of GMOs, and to recommend necessary safeguards and testing conditions, pending which only specifically authorized trials may proceed.

Parties
Petitioner: Aruna Rodrigues and Ors.; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
10 May 2012
Procedural Posture
Writ Petition (civil) No. 260 of 2005 Under Article 32 of the Constitution of India / Interim Order on Directions Regarding Technical Expert Committee
Outcome
Directions issued for the constitution and functioning of a Technical Expert Committee as per the Ministry's Minutes dated 15th March, 2011. Matter adjourned.
Legal Topics
Genetically Modified Organisms, Bio Safety, Field Trials, Expert Committee, Protocol for Gmos, Public Interest Litigation
Environmental Law Public Health Genetically Modified Organisms Bio Safety Field Trials Expert Committee Protocol for Gmos Public Interest Litigation

Case Brief

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Parties

Aruna Rodrigues and Ors.

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 260 of 2005 Under Article 32 of the Constitution of India / Interim Order on Directions Regarding Technical Expert Committee

Legal Issues

  1. 1 Whether the release and open field trials of Genetically Modified Organisms (GMOs) should be permitted without rigorous scientific and biosafety protocols.
  2. 2 What protocol and regulatory framework should be in place for GMOs to address environmental and public health risks.

Ratio Decidendi

The Supreme Court, recognizing its lack of technical expertise in complex scientific matters such as GMO safety, directed the constitution of a Technical Expert Committee to determine appropriate protocols before any environmental release or field trial of GMOs, and to recommend necessary safeguards and testing conditions, pending which only specifically authorized trials may proceed.

Court Disposition

Directions issued for the constitution and functioning of a Technical Expert Committee as per the Ministry's Minutes dated 15th March, 2011. Matter adjourned.

Orders

  • Technical Expert Committee constituted with specified composition and terms of reference.
  • Committee to submit its final report within three months, or an interim report on the issue of ban/protocols if unable to do so.