Delhi High Court Refuses To Stay Centre's Notification Allowing Import Of Crushed, De Oiled Genetically Modified Soya Cake

The Delhi High Court on Friday refused to stay the notification issued by the Central Government allowing import of 12 Lakh Metric ton of crushed and de-oiled Genetically Modified soya cake (only Non-living organism) used for poultry purposes.

Chief Justice DN Patel and Justice Jyoti Singh issued notice on the plea and sought response of the Centre while declining to stay the notification.

A petition was filed by Dattaguru Farmer Producer Company Ltd, claiming to be an association of 2000 farmers who had sold more than 6000 tons of soybean, in addition to other agricultural produce in the last one year. 

Filed through Advocate Priya Rao, the plea impugns the notification issued by the Ministry of Commerce & Industry dated 24th August 2021 which allows import of 12 Lakh Metric ton of crushed and de-oiled GM soya cake (only Non-living organism) till 31st October 2021 or until further orders, whichever is earlier.

Accordingly it has been submitted that the Centre has no power to decide that import of soya de-oiled cake or meal will not be subjected to the Schedule 1 of Genetic Engineering Appraisal Committee (GEAC) import policy approval under Ministry of Environment.

"That the Respondent No. 5, on 17.08.2021, issued Office Memorandum, inter alia, expressing its view that De-oiled Soya meal (Genetically Modified) used for manufacturing animal feed shall require the prior approval of GEAC followed by a Notification by the DGFT i.e. the Respondent No. 1," the plea reads.

It has thus been averred that any activity concerning any commodity containing genetically modified material of any nature mandatorily requires the prior approval of GEAC.

In view of this, the plea states that no such prior approval of the GEAC was taken by the Centre before permitting import of 12 lakh MT of crushed and de-oiled GM soya cake (only Non-living organism).

"India does not grow GM crops apart from Bt cotton. Allowing unrestricted imports of GM processed feed, without a stringent and impartial testing regimen in place, essentially means that the Indian Government accepts the exporting country's bio-safety regulations including health safety concerning GM crops (food/feed), per se and in principle," the plea adds.

Accordingly, the plea seeks quashing of the impugned notification.

The matter will now be heard on October 22.

Title: Dattaguru Farmer Producer Company Limited v. Union of India & Ors.