The Supreme Court on Thursday said it only want what is good for India even as the government argued that growing Genetically Modified (GM) crops such as mustard will make quality edible oil cheaper for the common man and benefit national interest by reducing foreign dependency.

“Mustard is the most used edible oil. GM oil has been used in India for decades now… What we are trying to do is make edible oil cheaper for the common man by growing oil seeds indigenously… 50 to 60% of edible oil is imported. Interests which are against India gaining food security and reducing foreign dependence are behind these PILs [public interest litigation petitions] against GM Mustard…” Solicitor General Tushar Mehta, for the Centre, submitted in the Supreme Court.

“We want what is good for India. We are not here to poke holes,” a Bench of Justices B.V. Nagarathna and Sanjay Karol said

Mr. Mehta submitted statistics of the Directorate of Economic and Statistics of the Department of Agriculture and Farmers’ Welfare to prove an increasing demand for edible oil with a burgeoning population. The government said the total edible oil demand of India was 24.6 million tonnes (2020-21) with domestic availability of 11.1 million tonnes (2020-21). In 2020-21, 13.45 million tonnes (54%) of the total edible oil demand was met through import worth about ₹1,15,000 crore, which included palm oil (57%), soybean oil (22%), sunflower oil (15%) and small quantity of canola quality mustard oil. In 2022-23, 155.33 lakh tonnes (55.76%) of the total edible oil demand was met through import.

“So, we are eating more fried items, right?” Justice Nagarathna asked on a lighter note.

Mr. Mehta and Additional Solicitor General Aishwarya Bhati said while the PIL petitioners had highlighted environmental damage allegedly caused by the open field testing of GM crops, the court had to consider the government’s duty to take care of the people’s right to food.

Right to food

“Edible oil is a daily food commodity used in the country. The PIL petitioners are depending on some half-baked study done 14 years ago to raise concern about environmental damage. The court should look at the fundamental right of people to access basic food consumed every day at a cheaper price,” Mr. Mehta argued.

He said the open field testing of GM crops were allotted in eight sites of 600 sq m each.

“GM seeds were sown in six of the sites. It is not that acres of open fields are used for testing. The testing is done in controlled circumstances and strictly according to statutory regime under expert guidance.”

The petitioners, Gene Campaign and activist Aruna Rodrigues, have challenged the government move to commercially release Dhara Mustard Hybrid-11 (DMH-11), a genetically-engineered variant of mustard.

“But DMH 11 has shown increased yield per hectare of 25% to 30%... In India, annual economic losses of crops due to weeds is 11 billion USD, ie, ₹1 lakh crore. Annual value of herbicide currently used in India is ₹4,500 crores,” Mr. Mehta reasoned.

Conflict of interest

Advocate Prashant Bhushan, appearing for Ms. Rodrigues, had submitted that the regulatory system under the Genetic Engineering Appraisal Committee (GEAC) which cleared the environmental release of DMH-11) was “horrendous” and riddled with conflict of interest.

He had said that India hosted 5,477 varieties of mustard, which would be at risk by the GM variety.

Mr. Mehta said India imported about 55,000 MT of Canola oil largely from GM canola seeds. Similarly, nearly 2.8 lakh tonnes of soybean oil is imported annually. Most exporting countries like Argentina, U.S.A, Brazil and Canada cultivate GM soybean. Globally around 80% of soybean growing is GM soybean.