USE OF GENETICALLY MODIFIED FOODS CROPS/SEEDS IN INDIA PROBLEM AND PROSPECTS by - Maheshwari.S.Patil
USE OF GENETICALLY MODIFIED
FOODS CROPS/SEEDS IN INDIA PROBLEM
AND PROSPECTS
Authored by - Maheshwari.S.Patil
2022-2023 Semester-iii
Law, Science And Technology
Progressive Education Society’s
Modern Law College, Pune.
1.
ABSTRACT
The genetic engineering is one of the great marvels of 21st century
human. It allowed for precise control
over the genetic changes introduced into an organism. Today, we can incorporate new genes from one species
into a completely unrelated species through genetic
engineering, optimizing agricultural performance. India introduced Bt cotton seeds
in 2002. It has greatly reduced the use of toxic pesticides. Bt cotton produces
a common soil bacterium, Bacillus
thuringiensis (Bt). It is a natural pest repelling bacteria that is toxic to many worms and pests that
can harm the crop but is not hazardous to humans. Bt is
widely sprayed on crops by organic farmers as a pesticide. As a result
of the adoption of Bt cotton, India is now the largest cotton
producer in the world. It reduces the use
of pesticide and insecticide during farming that might be great moves for the betterment of the food supply.
It can feed a rapidly
increasing population because it shows dramatically increased yields. In India, GM plants like GM
cotton, Bt brinjal and GM mustard are experimented, but the
government refused to allow it to
be commercialized1.
KEYWORDS: Genetically modified
foods, Genetically Engineered Foods, Biotechnology.
2.
INTRODUCTION: -
Biotechnology can be viewed as a group of useful, enabling technologies
with wide and diverse applications in
industry, commerce and the environment. Historically, biotechnology evolved as an artisanal skill rather than a science,
exemplified in the manufacture of beers, wines, cheeses etc. where the techniques of manufacture were well understood
but the molecular mechanisms went
unknown. In more recent times, with the advances in
the understanding of microbiology and biochemistry, all of these empirically
derived processes have become better understood and as a result improved. The traditional biotechnology products
have now been added to with antibiotics, vaccines, mono- clonal antibodies and many others, the production of which has been
optimised by improved fermentation procedures and novel downstream
processing It is clear that biotechnology
has its roots in the distant past and has large, highly profitable, modern
industrial outlets of great value to society. 2
Examples: the fermentation, biopharmaceuticals, and food industries.
1.
GMO’S (GENETICALLY MODIFIED ORGANISMS)
Genetic Modification is a biological technique that effects
alterations in the genetic
machinery of all kinds of living organisms. GMO is defined as follows by
WHO (World Health Organization):
“Organisms (i.e., plants, animals or microorganisms) in which the genetic material
(DNA) has been altered in a way that
does not occur naturally by mating and/or
natural recombination”. The
definition seeks to distinguish the direct manipulation of genetic material from the millennial-old practice of
improvement in the genetic stock of plants and animals by selective breeding. With DNA recombinant
technology, genes from one organism can be transferred into another, usually unrelated, organism 3.
2.
Sudha Rani M, History, status and impact of genetically
modified crops in India https://www.researchgate.net/publication/346029213_History_status_and_impact_of_genetically_
modified_crops_in_India (last visited 26, November 2022)
3.
khan, Introduction
to biotechnology, https://www.khanacademy.org/science/ap-biology/gene- expression-and-regulation/biotechnology/a/intro-to-biotechnology (last visited 25, November 2022)
3.
Why We Need GMO Crops in Agriculture,
Melvin J. Olive
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6173531/ (last visited 27, November
2022)
4.
CLASSIFICATION OF GM CROPS:
The first-generation application of genetic engineering to crop
agriculture has been targeted towards the generation of plants expressing foreign genes that confer
resistance to virus,
insects, herbicides or pest
harvest deterioration and accumulation of useful
modified storage product.
The classification of GM
crops has been discussed below:
I- Resistance to biotic (that is
living: used to describe the features of a natural system
that are living)
stresses;
II- Herbicide resistance;
III- Resistance to abiotic (ecology physical not biological: used to
describe the physical and chemical aspects of
an organism’s environment) stresses; and
IV- Other strategies 4.
5.LEGAL FRAMEWORK FOR THE REGULATION OF GMO’S CROPS:
A)
International Regulation: There
are five main elements of international regulation relating to research into, and the trade and use
of GM crops:
i)
Agreements by the World Trade Organization (WTO) which
aim to control barriers to international trade. It is within this framework that the US and a number of other countries have most recently challenged the EU on the authorisation of GM crops.
ii)
The Codex Alimentarius, a set of international codes
of practice, guidelines and recommendations pertaining to food safety.
The WTO currently relies
upon the Codex
in making its adjudications.
4.
Genetically Modified Seeds in India, Shareef,
Mohammad, https://shodhganga.inflibnet.ac.in/bitstream/10603/28652/8/08_chapter%202.pdf (last visited 28,November 2022)
iii)
The International Treaty on Plant Genetic Resources
for Food and Agriculture by the UN FAO, a multilateral agreement relating to any genetic
material of plant origin
of value for food and agriculture (not yet entered into force).
iv)
Directives and Regulations by the EU and its regional
policies on agriculture, environment and genetically modified organisms (GMOs)
(Nuffield Council on Bioethics,
2004)5.
6.REGULATION OF GM CROPS IN INDIA:
The government regulates the seed industry and the seed trade in various
respects. The Seed Act of 1966, the
Seeds Control Order of 1983, and the Seeds Policy of 1988 are the major components of policy specific to the
industry. The Seed Act of 1966 and the Seeds Control Order of 1983 provide statutory backing to the
system of variety release, seed certification and seed testing. Varieties are released after evaluation at
multi-location trials for a minimum of three
years. Varieties approved are “notified” which is an obligatory for
certification. While all public sector
varieties go through this process, it is not compulsory for private varieties
(Guidelines for Research in
Transgenic Plants, 1998). Major changes in this system of regulation are
proposed in the National Seeds
Policy of 2002. Under this policy, variety registration (i.e., notification) is mandatory for all varieties, new and
extant. The evaluation is done over three seasons of field trials. Besides regulating quality, the
government has also controlled imports and exports of seed. The Seed
Policy of 1988 allowed limited
imports of commercial seed.
The emphasis on registration in the new seeds policy ties in with the
demands of the Plant Variety Protection and Farmer’s Rights
Act passed in 2001. This Act provides
for plant breeder’s
rights, which requires extant and new plant varieties to be registered
on the basis of characteristics relating to novelty, distinctiveness, uniformity and stability.
The other major change in intellectual property protection has been the
change in patent laws. The Trade
Related Aspects of Intellectual Property Rights (TRIPs) Agreement came into
force in WTO member countries in 1995.
This requires member countries to comply with fixed minimum
standards for intellectual property rights protection. As a result,
India has amended its Patent Act in
1999, 2002 and 2005 5.
a. Recombinant DNA Guidelines, 1990:Department
of Biotechnology had formulated Recombinant DNA Guidelines in 1990.
These guidelines were further
revised in 1994 to cover R&D activities on GMOs,
transgenic crops, large-scale production and deliberate release of GMOs, plants, animals and products into the
environment, shipment and importation of GMOs
for laboratory research.
b. Guidelines for Research in Transgenic Plants, 1998: In 1998,
DBT brought out separate guidelines for carrying out research
in transgenic plants
called the Revised Guidelines for Research in Transgenic
Plants. These also include the guidelines for
toxicity and allergenicity of transgenic
seeds, plants and plant parts.
c. The Seed Policy, 2002:The Seed
Policy 2002 issued by Ministry of Agriculture,
Government of India contains a separate section (No. 6) on transgenic
plant varieties. It has been stated that all genetically
engineered crops/varieties will be tested for environment and
biosafety before their commercial release as per the regulations on guidelines of the EPA, 1986. Seeds of
transgenic plant varieties for research purposes will be imported only through the National Bureau of Plant
Genetic Resources (NBPGR) as per the
EPA, 1986.
d.
The Food
Safety and Standards Bill, 2005:The “genetically modified food” has
been defined in the Bill as the food, which
is produced through techniques in which the genetic material has been altered in a way that
does not occur naturally by mating or having
adequate human intervention or both. Techniques of Genetic Engineering
or modification include, but are
not limited to recombinant DNA, cell fusion, micro and macro injection, gene deletion, addition and doubling. The
Bill has also mooted the establishment of a Food
Safety Appellate Tribunal to hear the appeals of disputed parties (Food Safety
and Standards Bill, 2005).
5. Genetically Modified Seeds in India, Shareef,
Mohammad, https://shodhganga.inflibnet.ac.in/bitstream/10603/28652/9/09_chapter%203.pdf (last visited 28, November
2022).
7.
OVERVIEW OF MINISTRIES
AND DEPARTMENTS INVOLVED
IN REGULATION OF GM FOODS IN INDIA:
Several central ministries and departments are involved
in India’s program
of food quality and safety and hence each one of them has a
role to play in the activities related to GM foods in India. These include:
a.
Ministry of Environment and Forest: This ministry holds the Secretariat of the Genetic Engineering Approval Committee, the apex
body that gives approval for manufacture, sale,
import and export of all GMOs and products thereof including foodstuff , ingredients in foodstuff and additives
using genetically modified (GM) organisms or
cells.
b.
Department of Biotechnology: This department holds the
Secretariat of the Review Committee
on Genetically Modification that gives approval for research and small scale field trials involving GMOs and products
thereof. It also interacts with the Institutional Biosafety Committees (IBSCs)
set up in all organizations undertaking activities involves
GMOs.
c. Department
of Health in the Ministry of Health and Family Welfare: Department of Health
is responsible for implementation of the PFA Act under
which the quality
and safety of food is regulated.
d.
The officials from ICAR and Ministry of Agriculture have an important role to play in the approval of GM crops as per Seed Policy, 2002.
The goal of the Indian regulatory system is to ensure that their
genetically modified crops pose no major risk to food
safety, environmental safety, agricultural production, and that there are no adverse economic
impacts on farmers 6.
6.
Shri Hem Kumar, Regulatory Framework of GM, http://www.geacindia.gov.in/resource-documents/13_2 Regulatory_Framework_for_GE_Plants_in_India.pdf (Last visited
28, November 2022.GM
technology could
8.PROBLEMS OF GMO’S CROPS:
a. Environmental concerns:n They can
reduce species diversity. For example, Insect-resistant plants might insects that are not their intended target and
thus result in destruction of that particular species.
also allow the transfer of genes from one crop to another,
creating “super weeds”,
which will be immune
to common control methods.
·
Viral genes added to crops
to confer resistance might be transferred to other viral
pathogens, which can lead to
new and more virulent virus strains.
b. Economic Concerns:
·
Introduction of a GM
crop to market is a lengthy
and costly process.
·
It does not result in high yields
as promised. For instance, the highest yields
in mustard are from the five countries which do not
grow GM mustard -U.K., France, Poland, Germany and Czech Republic - and not from the GM-growing U.S. or Canada.
·
Critics claim that patent laws give developers of the
GM crops a dangerous degree of control over the food supply. The concern is over
domination of world food production by a few companies
c. Ethical Concerns:
·
Violation of natural
organisms’ intrinsic values by mixing
among species
·
There have also been objections to consuming animal
genes in plants 7.
GM Crops
in India:
BT Cotton:
·
The Maharashtra Hybrids Seed Company (Mahyco) jointly
with the US seed company Monsanto developed
the genetically modified Bt Cotton to tackle the bollworm problem
that had devastated cotton crops in the past.
·
In 2002, Bt Cotton became
the first and only transgenic crop approved by the GEAC
for commercial cultivation in six
States namely, Andhra Pradesh, Gujarat, Karnataka, Madhya Pradesh,
Maharashtra and Tamil Nadu.
ISSUE OF PINK BOLLWORM
INFESTATION:
In March 2018, the Indian government had cut royalties
that local seed companies pay to Monsanto, for the second times in two
years. This was in the backdrop of pink bollworm infestation plaguing
cotton farmers.
Even though Monsanto’s second generation insecticidal technology for
cotton,was supposed to protect crops
against the pink bollworm, the pest has grown resistant to the toxins
produced by this trait. As a result,framers now spend more on pesticides to control infestations. This along with the high cost of Bt seeds,is driving
framers to indigence.
BT Brinjal:
·
It was developed by Mahyco (Maharashtra Hybrid Seeds Company) in collaboration with
the Dharward University of Agricultural Sciences and the Tamil Nadu
Agricultural University.
·
The GEAC in 2007, recommended the commercial release
of Bt Brinjal. The initiative was blocked in 2010.
HT Mustard:
·
Dhara Mustard Hybrid(DMH-11) is an indigenously
developed transgenic mustard. It is genetically modified
variety of Herbicide Tolerant (HT) mustard. It was created
by using “barnase/barstar” technology for genetic
modification by adding genes from soil bacterium that makes mustard self-pollinating
plant.
·
In 2017, the Genetic Engineering Appraisal Committee recommended the commercial approval of the
HT Mustard crop.
SC JUDGMENTS:
1. The SC
stayed commercial release of HT Mustard and asked the Central Government to seek public opinion.
2. Guidelines given
by the Supreme Court with respect to GM crops:
·
Increasing the isolation
distance between the GM-planted fields
and regular field to at least 200 meters from 20 meters.
·
A designated scientist
would be made responsible for ensuring that all the conditions were complied with during the field trials of GM
seeds.
9. PROSPECTS OF GM CROPS:
a. RISKS AND CONTEROVERSY:
There are controversies around GM food on several levels, including
whether food produced with it is
safe, whether it should be labelled and if so how, whether agricultural
biotechnology and it is needed to
address world hunger now or in the future, and more specifically with respect to intellectual property
and market dynamics,
environmental effects of GM crops
and GM crops’ role
in industrial agricultural more generally.
Many problems, viz. the risks of “tampering with Mother Nature”, the
health concerns that consumers should
be aware of and the benefits of recombinant technology, also arise with pest- resistant and herbicide-resistant plants.
The evolution of resistant pests and weeds termed superbugs and super weeds is another problem. Resistance can
evolve whenever selective pressure is
strong enough. If these cultivars are planted on a commercial scale, there will
be strong selective pressure in that
habitat, which could cause the evolution of resistant insects in a few years and nullify the effects of the
transgenic.
7. GM Crops in India, https://blog.forumias.com/gm-crops-in-india-issues-and- challenges/#:~:text=Potential%20impact%20on%20human%20health,destruction%20of%20that%20particular%20s pecies (Last visited on 27, November
2022)
Likewise, if spraying of herbicides becomes more regular due to
new cultivars, surrounding weeds could develop a resistance to the herbicide
tolerant by the crop. This would cause an increase in herbicide dose or
change in herbicide, as well as an
increase in the amount and types of herbicides on crop plants. Ironically,
chemical companies that sell
weed killers are a driving force behind
this research (Steinbrecher 1996).
Another issue is the uncertainty in whether the pest-resistant
characteristic of these crops can escape
to their weedy relatives causing resistant and increased weeds (Louda 1999). It is also possible that if insect-resistant plants cause increased death
in one particular pest, it may decrease
competition and invite minor pests to become a major problem. In addition, it
could cause the pest population to
shift to another plant population that was once unthreatened. These effects can branch out much further. A
study of Bt crops showed that “beneficial insects, so named because they prey on crop pests, were also exposed to
harmful quantities of Bt.” It was stated
that it is possible for the effects to reach further up the food web to effect
plants and animals consumed by humans
(Brian 1999). Also, from a toxicological
standpoint, further investigation is
required to determine if residues from herbicide or pest resistant plants could harm key groups
of organisms found
in surrounding soil,
such as bacteria, fungi, nematodes, and other microorganisms (Allison and Palma 1997).
The potential risks accompanied by disease resistant plants deal mostly
with viral resistance. It is possible that viral resistance can lead to the formation of new viruses and therefore new diseases. It has been reported that naturally
occurring viruses can recombine with viral fragments that are introduced to create transgenic plants,
forming new viruses. Additionally, there can be many variations of this
newly formed virus (Steinbrecher 1996).
Health risks associated with GM foods are concerned with toxins,
allergens, or genetic hazards. The mechanisms of food hazards fall into three main categories (Conner
and Jacobs 1999). They are inserted genes and their expression
products, secondary and pleiotropic effects of gene expression and the insertional mutagenesis resulting from gene
integration. With regards to the first
category, it is not the transferred gene itself that would pose a health risk.
It should be the expression of the
gene and the effects of the gene product that are considered. New proteins can be synthesized that can produce
unpredictable allergenic effects. For example, bean plants that were genetically modified to increase
cysteine and methionine content were discarded after the discovery that the expressed protein of the transgene was highly
allergenic (Butler and Reichhardt 1999).
Due attention should be taken for foods engineered with genes from foods that commonly cause allergies, such as milk, eggs,
nuts, wheat, legumes, fish, molluscs and crustacean
(Maryanski 1997).
However, since the products of the transgenic are usually previously identified, the amount and effects
of the product can be assessed before public
consumption. Also, any potential risk, immunological, allergenic, toxic
or genetically hazardous, could be recognized and evaluated if health concerns arise.
More concern comes with secondary and pleiotropic effects. For example,
many transgenes encode an enzyme that
alters biochemical pathways. This could cause an increase or decrease in certain
biochemicals. Also, the presence of a new
enzyme could cause depletion in the enzymatic
substrate and subsequent buildup of the enzymatic product. In addition,
newly expressed enzymes may cause
metabolites to diverge from one secondary metabolic pathway to another (Conner and Jacobs 1999).
These changes in metabolism can lead to an increase in toxin concentrations. Assessing toxins is
a more difficult task due to limitations of animal
models.
Animals have high variation between
experimental groups and it is challenging to attain relevant
doses of transgenic foods in animals that would provide results
comparable to humans (Butler and
Reichhardt 1999).
Consequently, biochemical and regulatory pathways in plants are poorly understood.
Insertional mutagenesis can disrupt or change the expression of existing genes
in a host plant. Random
insertion can cause inactivation of endogenous genes,
producing mutant plants.
Moreover, fusion proteins can be made from plant DNA and inserted DNA. Many of these genes
create nonsense products
or are eliminated in crop
selection due to incorrect appearance.
However, of most concern is the activation or up regulation of silent or
low expressed genes. This is due to
the fact that it is possible to activate “genes that encode enzymes in
biochemical pathways toward the
production of toxic secondary compounds” (Conner and Jacobs 1999).
This becomes a greater issue when
the new protein or toxic compound is expressed in the edible portion
of the plant, so that the food is no
longer substantially equal to its traditional counterpart.
b.
FUTURE DEVELOPMENTS
The GM foods have the potential to solve many of the world’s hunger and
malnutrition problems, and to help
protect and preserve the environment by increasing yield and reducing reliance upon synthetic pesticides and
herbicides. Challenges ahead lie in many areas viz. safety testing, regulation, policies and food
labelling. Many people feel that genetic engineering is the inevitable wave of the future and that we
cannot afford to ignore a technology that has such enormous potential
benefits.
Future also envisages that applications of GMOs are diverse and include
drugs in food, bananas that produce
human vaccines against infectious diseases such as Hepatitis B (Kumar et al. 2005), metabolically engineered fish that
mature more quickly, fruit and nut trees that yield years earlier, foods no longer containing
properties associated with common intolerances, and plants that produce new biodegradable
plastics with unique properties (van Beilen and Yves 2008).
While their practicality or efficacy in commercial production has yet to
be fully tested, the next decade may see
exponential increases in GM product
development as researchers gain increasing access to genomic resources that are
applicable to organisms beyond the scope of individual projects 3.
10.
WAY FORWARD
·
A major challenge today is to develop low-input,
high-output agriculture. This cannot be achieved
without technology. However,
to assure technology does not undermine
human and environmental health, there needs
to be extensive research.
·
The Indian government must take decisions on GM
technologies on the basis of scientific evidence.
It should adopt a participatory approach in order to bring together all stakeholders to develop regulatory
protocols. This would ensure trust in the entire process.
·
Any new technology adopted in the farming sector must
be in the interest of the farmers without undermining the rights of consumers.
·
The most important job lies on the promoters of GM technology to convince consumers, environmental activists and farmers that among various
alternatives available for sustainable
food production, GM technology is one of the best option to improve crop yields
and address India’s food security.
·
The Food and Agriculture Organization (FAO) has rightly
pointed out in 2004, “Science
cannot declare any technology completely risk free. Genetically
engineered crops can reduce some environmental
risks associated with conventional agriculture, but will also introduce
new challenges that must
be addressed”.
11.
CONCLUSION:
The wide advantages of transgenic crops for a society
to solve food security or nutrition security issues
have been well established. Many added benefits
such as higher nutritional value,
herbicide tolerance, virus resistance, tolerance to various abiotic
stresses, increase the shelf life of
a fruit and thus, can account for a good market for farmers. There is an urgent
need for India to carry on
its GM crop research program to sustain its food and nutrition security targets.
Debate on GM crops about safe or unsafe will never
end although there is hardly
any substantial scientific evidence against safety of GM
foods. Surprisingly, few public sector intuitions also showed their concerns for GM foods. Intuitions funded by GOI
should follow same broad policies of Indian Government and must show their strength with the government to fight poverty and malnutrition. This valid point
is raised due to opposite views of the members of Technical Expert Committee appointed by the Supreme Court
of India for Safety and Guidelines for GM crop research and make
recommendations for future of GM
crop research in India.
Although, this is a fact that India does not have basic infrastructure
and stringent guidelines for GM crop
research and risk assessment but taking in to account India,s urgent need, we
cannot halt this program. Ideally,
India must continue on its research on GM crop and its deregulation along with building
basic infrastructure facilities and preparing stringent biosafety and marketing guidelines. Although portals like GEAC, IGMORIS (Indian GMO
Research Information System),
Biosafety Clearing House are doing their role for assessing biosafety and their regulation of GM crops but there is an
urgent need to build a single window system and online portal for assessment, control, regulations and approval of GM crops.
BIBLIOGRAPHY
Websites
·
https://www.researchgate.net/publication/346029213_History_status_and_impact_of_ge netically_modified_crops_in_India
·
https://www.khanacademy.org/science/ap-biology/gene-expression-and- regulation/biotechnology/a/intro-to-biotechnology
·
http://www.geacindia.gov.in/resource-documents/13_2 Regulatory_Framework_for_GE_Plants_in_India.pdf
·
https://blog.forumias.com/gm-crops-in-india-issues-and- challenges/#:~:text=Potential%20impact%20on%20human%20health,destruction%20of
%20that%20particular%20species
Books
-
MOLECULAR CELLBIOLOGY (EIGHTH
EDITION)
-
PRINCIPLES AND TECHNIQUES OF BIOCHEMISTRY AND MOLECLUAR BIOLOGY
(SEVENTH EDITION)