JUDGEMENT
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(1.) THE Union of India is seeking modification of the order passed by this Court on 22-9-2006 Aruna Rodrigues (1) v. Union of India, 2011 (12) SCC 477. By the said order, this Court had directed the Genetic Engineering Approval Committee (GEAC) to
withhold approvals till further instructions to be issued by this Court on hearing of all
concerned.
(2.) THE learned ASG submits that in view of the order passed by this Court, GEAC is not in a position to grant approval to various applications which are pending with the
said authority. All these applications are for conducting field trials on various varieties of
plants. GEAC, during the period 2-5-2006 to 22-9-2006, granted approvals in respect of
24 items in respect of Bt cotton, Bt cauliflower, Bt brinjal, Bt rice, transgenic rice, Bt castor, groundnut, transgenic tomato, potato, and other items. The field trials are going
on in respect of these items and this Court in the said order also noticed that 91 field
testings have been going on.
Mr. Prashant Bhushan, learned counsel for the petitioner submits that as regards these field trials sufficient precautions are not being taken and it is likely that there
would be serious pollen (low contamination to the plants of similar species of the
neighbouring fields.
(3.) GEAC shall take sufficient precautions to see that these trials are not causing any contamination to the cultivation of neighbouring fields. There should be at least 200 m
distance from the trial fields from the neighbouring field having same type of
cultivations. All the trials which are being conducted, the name of the scientist and other
details who will be responsible for all aspects of the trials should be reported to GEAC
and there should be regular supervision by them. Prior to bringing out the GM material
from the greenhouse for conduct of open field trials, the approved institution should
submit a validated event specific test protocol at an LOD of at least 0.01 % to detect
and confirm that there has been no contamination.;
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