The Coalition for a GM-Free India, a group opposing genetically modified (GM) foods, has welcomed a decision by the Rajasthan High Court, which has halted the sale, manufacture, distribution, or import of any GM food products or edible items in India until the government allegedly establishes proper regulations governing the handling of GM foods.
On 13 October, the Jaipur Bench of the High Court issued the order, reflecting the observations and conclusions of a July 2024 Supreme Court judgment concerning a series of public interest litigations related to genetic technologies in food systems.
The order emphasised that no GM food products, whether domestically grown or imported—including edible oils—should be allowed to reach Indian kitchens without comprehensive legal checks, as previously warned by parliamentary committees.
The High Court directed the Food Safety and Standards Authority of India (FSSAI) and the Union Government to formulate and notify regulations regarding GM foods within six months.
Additionally, the court instructed the FSSAI and the Union of India to implement Section 22 of the Food Safety and Standards Act of 2006 effectively, ensuring the establishment of standards and safety protocols for genetically modified and genetically engineered food items in a timely manner.
The Coalition highlighted a significant inconsistency in the Supreme Court’s July 2024 judgment, which mandated the implementation of Section 23 of the FSSAI Act—related to labelling—without a regulatory framework to guarantee safety as outlined in Section 22.
This ruling by the Rajasthan High Court is considered particularly timely, given reports that the United States has allegedly been pushing its GM products into India, potentially compromising domestic laws, regulations, and policies. There are also concerns that the Indian government may be wavering on its prior positions concerning GM foods.
The Coalition explained that the ruling ensures self-certification will not be permitted and that only an authorised agency in the exporting country can certify the GM-free status of all foods being exported to India. In the past, the U.S. government allegedly weakened the FSSAI’s efforts to regulate processed GM foods by objecting to proposed regulations.
Previously, the FSSAI denied the presence of GM ingredients in certain food products, despite the Centre for Science and Environment (CSE) reportedly exposing illegal GM foods in India. This denial by the FSSAI has been described as alarming, especially since some food companies had acknowledged GM content on their labels.
Kavitha Kuruganti, representing the Coalition for a GM-Free India, emphasised that the court order serves as a reminder for regulatory bodies such as the Genetic Engineering Appraisal Committee (GEAC) and the FSSAI to fulfil their statutory responsibilities.
“GEAC and FSSAI have consistently failed to perform their statutory duty to ensure biosafety and food safety, thereby protecting the Indian public,” said Kuruganti. “The High Court’s order ensures that ordinary Indians are not made scapegoats due to American pressure on the Indian government.”
