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CHAPTER I

GMOS: SOCIAL AND ENVIRONMENTAL CONCERNS


1. Introduction
The techniques of biotechnology is in use since the man has started agriculture in
primitive stages, and biotechnology became a part of human life through agricultural
practices. Now the biotechnology has taken the central stage in the 21st century, is now
creating products for all spheres of life such as human health care, industrial processing,
environmental bioremediation, food and agriculture. Biotechnological advances give
researchers the power to change the charecteristics of a living organism by transferring
the genetic information from one organism to another, thus exploring new frontiers and
effecting novel inventions in the process. After the creation of Dolly, the first successfully
cloned sheep in early 1997, the advances in genetic engineering have gained global
attention. Biotechnology involves areas of development of transgenic crops, structural
and functional genomics, development of new drugs and bio- molecules, both in plant
and animal sciences.
These new technologies have opened a new era of modern biotechnology. After
the and chakraborthys case1 there was a series of revolutionary inventions have taken
place in technological field the invention of oncomouse and PCR ( polymer Chain
Reaction) technologies and Genetically Modified Crops are examples of them. These
technologies have opened new markets of trade and commerce which includes chemical,
pharmaceutical and agricultural Industries and it has also caused the emergence of several
Multinational corporations Most of them are focused on the agricultural seed production
using Genetic engineering. The growth and flowering of naturally occurring seed types
are depend upon the climatic conditions and the genetical capability of seeds to withstand
pests, weeds and its herbicide tolerance most of the agricultural losses are caused due to
1 Diamond v. Chakrabarty, 447 U.S. 303 (1980).

the inability of the seed to withstand these conditions. However, the GMCs (Geneticlly
Modified crops) offered by these MNCs have the ability to survive in these adverse
conditions and provide large amount of outcome. On the other hand GM (or transgenic)
crops are produced using plant biotechnology to select desirable characteristics in plants
and transfer genes from one organism to another. As a result, crops can survive under
harsher conditions, costs are lowered, and yields are improved.2. But there is potential
risks to human health and environment are involve in the releasing and of GMOs into
environment. These potential risks vary according to the nature and transfer of GMOs.
The damage caused by the release of hazardous GMOs cannot be ascertained with
certainty because of its prolonged consequences in the long run and those consequences
may be dangerous to environment or maybe not.
This chapter deals with environmental and health concerns pertaining to the release of
GMos into the environment, the Human rights aspects of Impact of GMOs And the
Anand chakraborthys3 case and AV Domminicos4 case which have given legal sanctity
to the patenting of GMOs and commercial production of GMOs in the world and in
India respectively.

Meaning of Genetically Modified Organism


Genetically modified (GM) crops are the creation of human beings. GM crops are
genetically modified organisms (GMO) and an organism whose genetic 5 characteristics
have been altered by the insertion of a modified gene or a gene from another organism
2 10 COLIN ANDRE CARTER, et al, GENETICALLY MODIFIED FOOD AND GLOBAL
WARFARE, 2 ( 1st ed. 2011).
3 CHAKRABARTY, Supra note 10.
4 Dimminaco A.G. v. Controller of Patents, Designs & Trade Marks, (2002) I.P.L.R. 255.
5 Word Genetic is connected with the units in the cells of living things (Genes) that
control what a person or plant is like. OXFORD INTERMEDIATE LEARNERS DICTIONARY,
283. (10th ed 2010).

using the techniques of genetic engineering is called a genetically modified organism. In


other words GM Organisms are plants (or in some cases animals or microorganism) that
contains genes extracted from deferent type of organisms, be they viruses, bacteria,
plants, animals, and so forth, inserted artificially into the subject organism6

Environment and health concerns of Genetically Modified


Organisms.
The environmental and health issues of GMOs are mostly hanging around the use of
Genetically Modified (GM) crops in agricultural fields because of the direct contact of
these GM crops7 with the environment. The use of genetically modified organisms
(GMOs), both plants and animals, in agriculture has resulted in an acrimonious debate.
The application of genetic modification allows genetic material to be transferred from
any species into plants or other organisms. The introduction of a gene into different cells
can result in different outcomes, and the overall pattern of gene expression can be altered
by the introduction of a single gene. The sequence of the gene and its role in the donor
organism may have a relatively well-characterized function in the organism from which it
is isolated. However, this apparent precision in the understanding of a gene does not
mean that the consequences of the transfer are known or can be predicted 8. The
widespread planting of genetically modified (GM) crops has generated contention around
such issues as health, the environment, economics, international relations, the business
practices of large corporations and ethics, among others. One of the most active areas of
debate is the potential effect of GM agriculture on the environment. The debate is highly
6 MICHAEL L. MCKINNY et. al. (edt.), ENVIRONMENTAL SCIENCES: SYSTEM AND
SOLUTIONS, 357 (2nd ed. 2007).
7 Gnetically Modified Crop is A plant or seed that has been grown from cells whose
units of information (genes) have been changed artificially OXFORD INTERMEDIATE
LEARNERS DICTIONARY (2000), at 283.
8 Dhan Prakash & B. N, Tiwary, Risks and Precautions of Genetically Modified
Organisms, 88 Hindawi Publishing Corporation Journals , 67, 67-68 (2011)
http://www.hindawi.com/journals/isrn/2011/369573.

polarized with one extreme claiming that GM agriculture will greatly harm both global
agriculture and the environment. Strong advocates, on the other hand, maintain that there
are few, if any, new risks and that GM crops may, in fact, be the saviour of both global
agriculture and the environment.9 As with many highly polarized debates, there is a vast
middle ground that, in the case of GM agriculture, acknowledges the great potential of
biotechnology but also raises science-based concerns. An unfortunate aspect of the
controversy is the tendency to see the issue in either black or white; biotechnology is
either good or bad. In fact, biotechnology involves many species, both plants and
animals, with a wide range of genetic modifications that are placed in a diversity of
agricultural and natural systems located across a wide range of geographical sites.
Whether or not an application of biotechnology has potentially harmful, beneficial or
neutral effects on the environment is both species and context specific.10
2.1 Benefits of GM crops
GM Crops can offer a range of benefits. These benefits can be considered above and
beyond those that emerged from the Green Revolution of agriculture, due to the fact that
products such as pesticides, artificial fertilizers, other agrochemicals, etc. of the Green
Revolution have proved to have direct detrimental effects on the environment. Following
are a few examples of benefits resulting from applying genetic modification techniques to
agricultural biotechnology.
Increased crop yields: There is an expectation widely held by those in agriculture
that GM seeds will increase the yields of farmers that adopt the technology. Although

9 On Earth and Life Studies, Report on Environmental effects of Transgenic Plants, 2002,
National Research Council- Board on Agricultural and Natural Resource Division report,
17 (2013).
10 CHARLES R. MCMANIS, BIODIVERSITY AND THE LAW INTELLECTUAL PROPERTY,
BIOTECHNOLOGY AND TRADITIONAL KNOWLEDGE, 117 (2nd ed. 2007).

there is not yet a large volume of research regarding the impact of biotechnology on crop
yields and returns, the research that is available supports this expectation. 11
Herbicide tolerant: Herbicide 12 Tolerant GM crops allow farmers to use less or notill farming methods. These methods of farming reduce nutrient runoff and soil erosion,
which helps our rivers, and requires less irrigation because it retains additional soil
moisture, all while maintaining the crops yield, safety and nutritional value.13
Reduction of Agrochemicals: In GM crops have reduced the applications of pesticides.
The use of GM crops will have added beneficial effects on the environment by
significantly reducing the use of agrochemicals.14
Increased Crop Productivity: Genetically modified (GM) crops have become
widespread in global agriculture since their introduction in 1996 In USA when US
Environment Protection Agency approved the first GM crop since then several case
studies proved that these crops have increased the productivity.15

11 David Kruft, Impacts of Genetically-Modified Crops and Seeds on Farmers, 2012, 15


Pennstae Law, (Jun, 25, 2016) https://pennstatelaw.psu.edu/_ file/aglaw/Impacts_of_
Genetically_Modified.pdf.
12 Herbicide is a substance that is toxic to plants, used to destroy unwanted vegetation,
Wikepedia, (Jun, 28,2016) https://en.wikipedia.org/wiki/Herbicide
13 What are the Benefits of GMOs, Both Today And In The Future, The food dialogues,
(Jun, 25, 2016) http://www.fooddialogues.com/foodsource/ gmo/what-are-the-benefitsof-gmos-both-today-and-in-the-future.
14 Deepak Saxena, Saul Flores, G. Stotzky, Transgenic plants: Insecticidal toxin in root
exudates from Bt corn, Nature, 34 soil Biology & Biochemistry, 402, 480 .
http://www.econ.yale.edu/growth_pdf/cdp878.pdf.
15 Gabriel Rangel, From Corgis to Corn: A Brief Look at the Long History of GMO
Technology, 56 Hardward University school of arts and science Journal 34, 42-43 (2013)
http://sitn.hms.harvard.edu/flash/2015/from-corgis-to-corn-a-brief-look-at-the-longhistory-of-gmo-technology/.

Improved Nutritional Value: Several GM crops have the gene traits of organisms that
can produce Vitamins and Minerals for human health. Golden Rice is one of the examples
where the nutrient content has been improved where Beta Carotene has been genetically
engineered from daffodils into it, which is a precursor of vitamin A. The human body
readily changes Beta Carotene into Vitamin A during the digestive process. Hence it is a
food that is a cure for the widespread deficiency of Vitamin A. Golden rice yet has to be
commercialized.16
Crops that are genetically engineered to fight diseases are saving not only the foods, but
the industries that grow them. Genetic engineering was used to save the Hawaiian
Rainbow papaya from a deadly virus which threatened to wipe out the crop, and the
industry. Herbicide tolerant crops allow farmers to use less or no-till farming methods.
These methods of farming reduce nutrient runoff and soil erosion, which helps our rivers,
and requires less irrigation because it retains additional soil moisture, all while
maintaining the crops yield, safety and nutritional value. 17 In India the Bt cotton seeds
which are resistant to about three kinds of bollworms and weeds widely used by Farmers
cross the nation for cotton cultivation. These Bt cotton seeds offers higher-yielding cotton
than that of produced by the conventional cotton seeds.

Environmental and Health concerns


Environmental Impacts
The environmental impact of genetically modified (GM) crops seemed almost benign
when studies first began several years ago. However, after numerous studies by various
public and private groups in several countries, the situation looks increasingly dire. A
recent study conducted in Vanda by a goroup of reaserchers in 2013 scuccessfully
identified the presence of pesticides associated with genetically modified foods in
16 Id, at 46.
17 Supra note 17, at 120.

maternal, fetal and non-pregnant womens blood. They also found the presence of
Monsantos Bt toxin. The study also pointed out that the fetus is considered to behighly
susceptible to the adverse effects of xenobiotics.18 This is why the study emphasizes that
knowing more about GMOs is crucial, because environmental agents could disrupt the
biological events that are required to ensure normal growth and development19. This still
doesnt mean that GMOs can enter into our cells, but given the fact GMOs have been
linked to cancer. The bottom line is that we dont know, and this study demonstrates
another cause for concern while some reports have indicated a mildly adverse impact of
GM crops, several recent studies have produced results that are quite alarming in
indicating toxicity and a real danger to the environment and ecology. Several negative
effects of GM crops that are proved by case studies are discussed below.
Threatens non-target Insects: In a study it has been revealed that a GM crop plant that
is toxic to insect pests could have a direct harmful effect on non-target insects; it could
also have an indirect effect by reducing the food source for other wildlife, such as birds.
GM crops that are tolerant to herbicides could lead to a reduction in weeds which may
harbor beneficial insects, and could also indirectly impact on their predators, i.e. the bird
populations20.
Causes natural Imbalance: An insecticide could create insects which become resistant
to those chemicals when used on pest-tolerant GM crops repeatedly. This would naturally

18Foreign chemical substance found within an organism that is not naturally produced,
Wikepedia, (July, 20, 2016) https://en.wikipedia.org/wiki/Xenobiotic.
19 Aziz Aris & Samuel Leblanc, Maternal and fetal exposure to pesticides associated to
genetically modified foods in Eastern Townships of Quebec, , 25 Journal Reproductive
Toxicology, 6, 7-8 (2013) .
20 Norbert Solymosi, Pter Ittzs, Complete Genes May Pass from Food to Human
Blood, 33 PLOS, 5, 15-16. http://journals.plos.org/plosone/article?id=10.1371

increase the number of insect pests, thus creating an imbalance in nature by altering the
predator/prey ratio.21
Causes Genetic contamination in Environment: But, there are other effects as
well. Monarch butterfly larvae fed only on leaves covered in Bacillus thuringiensis (Bt) 22
pollen grew more slowly and showed higher death rates. Aphids23 fed on GM potatoes
producing a different toxin were also reported to have a harmful effect on ladybirds. Over
10 million birds are reported to have disappeared from the countryside in the U.K. in
recent years. 24
Create Super Bugs or Super Weeds: Several studies emphasizing the concerns of
farmers pertaining to the use of GM crops foe agriculture. Farmers may worry that their
use of GM seeds will create "superweeds" or "superbugs" that, over time, become
resistant to GM seeds and crops and to other herbicides and pesticides. There is some
research that suggests that weeds and bugs could possibly evolve into resistant organisms.
Gene movement from crop to weed through pollen transfer has been demonstrated for

21 Swaminathan MS, Platform for a common present and future for humankind: introduction,
(Coromandel Lectures, CoromandelFertilizers Ltd, Secunderabad, Andhra Pradesh, India) ( 2010).

22 Bacillus thuringiensis (or Bt) is a Gram-positive, soil-dwelling bacterium, commonly


used as a biological pesticide. thuringiensis also occurs naturally in the gut of caterpillars
of various types of moths and butterflies, as well on leaf surfaces, aquatic environments,
animal feces, insect-rich environments, and flour mills and grain-storage facilities,
Wikepedia, https://en.wikipedia.org/ wiki/Bacillus_thuringiensis.
23 Amphids are small bugs which feeds by sucking sap from plants; a blackfly or
greenfly. Aphids reproduce rapidly, sometimes producing live young without mating, and
large numbers can cause extensive damage to plants, Wikepedia
https://en.wikipedia.org/wiki/Aphid
24 Gerald C. Nelson, Bt Corn and the Monarch Butterfly: Research Update, 86 Council
for Biotechnology Information Journal, 240, 245-248 (March, 2011)
https://research.cip.cgiar.org/confluence/download/attachments/3485/S3.pdf.

GM crops when the crop is grown near a closely related weed species. 25 Similarly, insects
have, in the past, developed a resistance to pesticides. A recent study documented a
decreased susceptibility in pests to the use of Bt as a sprayed pesticide. 26 Potential crosspollination of GM seeds onto non-GM crops is also a concern to farmers, particularly
those farmers that certify their crops as non-GM crops or organic crops. There is evidence
that such cross-pollination is already occurring.27 Plants with GM characteristics have
been found in conventional crops as well as in crops that have been grown using only
organic farming practices.28
Cross Pollination: Potential cross-pollination of GM seeds onto non-GM crops is also a
concern to farmers, particularly those farmers that certify their crops as non-GM crops or
organic crops. There is evidence that such cross-pollination is already occurring.27 Plants
with GM characteristics have been found in conventional crops as well as in crops that
have been grown using only organic farming practices.29
Harm to Beneficial Organisms: Another concern centering on impacts of biotechnology
is possible harm of GM seeds and crops to other, beneficial organisms. Very little
research exists to support this concern. A study performed at Cornell University received
significant publicity. This study indicated that a gene contained within Bt corn can be
harmful to the larvae of a monarch butterfly when windblown onto milkweed leaves. But
25 Transgenic Crops: An Introduction and Resource Guide, Colorado State University,
(July, 25, 2016) http://www.colostate.edu/ programs/
lifesciences/TransgenicCrops/risks.html.
26 Id
27 David Barboza, As Biotech Crops Multiply, Consumers Get Little Choice, N.Y
TIMES, Jun, 12, 2012, at 9
28 Mike Holmberg, I-P Crops: Mission Impossible; Problems in Producing Nongenetically Modified Identity-Preserved Crops, Successful Farming (Aug,1,2016)
http://www.non-gmoreport.com/articles/mar07/identity_preservation.php
29 Id.

subsequent research has indicated that the actual level of Bt on milkweed plants in a reallife scenario do not reach the levels that produce a toxic results in the larvae. 30

Health Effects
The Consumption of GM food made of the GM plants or transgenic Plants can cause
several effects on Human body which may detrimental to health of humans as well as
animal which consumes those plants as animal feed. Though these effects are not
scientifically proved several studies have given evidence for such negative impacts of
GM foods. Some of those effects are given below.
Toxicity Potential: Various toxicants are known to be inherently present in different
plants. Genetic engineering has the potential to alter such constituents or produce newer
toxicants. Crops developed for pest resistance and herbicide resistance are particularly
focussed for toxicity concern. The case of GM potatoes having the potential to combat
harmful insects is an example of the potential of GM foods to cause toxicity. In a group
of rats fed with GM potato damage to immune systems and stunted growth was observed
and the experiment had generated considerable controversy.31
Nutritional composition: Genetic modification of plants may result in alteration in
nutritional composition which in turn may affect the nutritional status of the consumer or
population groups. Currently developed plants with improved nutritive value include GM
rice with enriched vitamin A and GM soyabean and rapeseed with modified fatty acid.
The impact of such intended modification in nutrient level in crop plants can affect
nutritional status of the individual.32

30 Id.
31 Eva Stoger et al, Expression of the insecticidal lectin from snowdrop (Galanthus
nivalis agglutinin; GNA) in transgenic wheat plants: effects on predation by the grain
aphid Sitobion avenae In Molecular Breeding New Strategies in Plant Improvement, 5
Springer Link Publications Journal, 65-67, (1999).

Allergenicity: The allergenicity potential of the new protein expressed on the transgene
inserted into the plant is a major food safety concern. Most traits introduced into GM
crops result from the expression of one or more protein that may possess allergenic
properties. Crops modified for insect resistance have been shown to have the potential for
allergic responses. This has been highlighted in the recent findings of Starlink variety of
GM maize which has been shown to possess allergic properties in the food chain in USA,
EU and Japan. The allergenicity potential of GM food has often been difficult to establish
with existing methods as the transgenes transferred are frequently from sources not eaten
before, many have unknown allergenicity or there may be a potential for genetic
modification process to result in increase of an allergen already present in the food. 33
Antibiotic Resistance - Potential for Gene transfer: Concern has been expressed on the
possibility of transfer of Genetically Modified DNA from the plant to Human gene and
animal gene. These transferred genes may be resistance antibiotics and adversely affect
the therapeutic efficacy of orally administered antibiotics.34 A genetically engineered Bt
corn variety from Novartis includes an ampicillin resistance gene. Ampicillin is an
antibiotic that is used to treat a variety of bacterial infections in humans and animals. A
number of European countries, including Britain, have refused to allow the Novartis Bt
corn to be grown because of concern that the ampicillin resistance gene might be
transferred from Bt corn to bacteria, making ampicillin a far less effective antibiotic
against bacterial infections.35

32 Regulatory Regimen For Genetically Modified Foods The Way Ahead, Indian Council
of Medical Research publication, April 2005, (Aug,1, 2016)
http://icmr.nic.in/reg_regimen.pdf.
33 Id.
34 Id.
35 Anita Bakshi, Potential Adverse Health Effects Of Genetically Modified Crops, 6
Journal of Toxicology and Environmental Health, 211225 (2003)

Ethical Concerns
Many persons feel that gene transplantation processes to crops violates the natural order.
The seeds produced by the genetic engineering does not contains naturally occurring
genes but altered or modified man made genes. And there are concerns among social and
environmental groups regarding the evolution that would take place in the plants grow
out of these seeds. Also many people think genetic engineering is unnatural and call it as
Franken foods.36 And there are some intrinsic concerns regarding how people view life,
nature, religion, their personal emotions and values. Genetic engineering is seen by many
people as playing God or putting people in the place of the Creator, as it gives to a few
people the ability to change the natural world completely. By genetically modifying
organisms, a scientist assumes that this extremely new science is better for populating the
world than God or any other Creator, including natural evolution and natural selection.
Genetic engineering disrupts the beauty, integrity, balance of nature and might harm life.
However, at the same time we can say that high tech medicines involves playing with
God and agriculture was started by disrupting nature.37
Religious groups may have specific reasons for objecting to genetically engineering. For
example, a Muslim would object to pig genes being inserted into vegetables and fruits,
especially if the modified products were not clearly labeled as containing pig genes.
Vegetarians would surely object to animal genes being inserted in fruits and vegetables,
as they could no longer eat those products if they felt strongly about not eating meat. 38
36 Named after a monster character called Frankestein who is made up of the body parts
of dead bodies, in a novel written by the English author Mary Wollstonecraft Shelley,
experience Life, (Aug, 2,2016) https://experiencelife.com/article/frankenfoodgenetically-modified-foods/
37 Dr. Milind Antani & Gowree Gokhale, Biotechnology legal and ethical issues, (Aug,
12, 2016) http://www.ukm.my/jmalim/images /vol_10_2009/a1%20latifah%20amin.pdf
38 Genetically Modified Food: Pros and Cons, Church of Scotland - Society, Religion
and Technology Project 1999. (Aug, 25, 2016) http://www.srtp.org.uk/gmfood1.htm

Humans are modifying the world in a way which would never happen naturally. In
addition to these issues, there are concerns about violating animal and human rights, and
also about whether genetic engineering is much different from the very old practice of
selective breeding.

Economic Concerns
Bringing a GM food to market is a lengthy and costly process. Yet consumer advocates
are worried that patenting these new plant varieties will raise the price of seeds so high
that small farmers and third world countries will not be able to afford seeds for GM
crops, Patent enforcement may also be difficult, as the contention of the farmers that they
involuntarily grew Monsanto-engineered strains. One way to combat possible patent
infringement is to introduce a "suicide gene" into GM plants. These plants would be
viable for only one growing season and would produce sterile seeds that do not
germinate. Farmers would need to buy a fresh supply of seeds each year. However, this
would be financially disastrous for farmers39. The growing power of multinational
corporations over traditional farming. The involvement of large multinational
corporations (particularly chemical corporations) in the creation and marketing of
agricultural biotechnologies, and the use of intellectual property in the form of patents,
are raising new and interconnected social and ethical questions.

IMPACT OF GMO IN THE LIGHT OF RIGHT TO FOOD AND


RIGHT TO HEALTH AS HUMAN RIGHTS.
Necessity is the mother of invention. The booming population triggered the need
to carve out efficient ways to feed the growing millions. Biotechnology answered this
need with the creation of Genetically Modified Organisms (GMOs). They are organisms
39 Charu Verma et al, A Review on Impacts of Genetically Modified Food on Human
Health, 25 The Open Nutraceuticals Journal, 30, 34- 41 (2013,
Mar)https://www.researchgate.net/publication/215650437_A_Review_on_Impacts_of_G
enetically_Modified_Food_on_Human_Health.

whose genetic makeup has been altered using genetic engineering techniques. Such
alterations enabled to create agricultural products (both plants and animals) that were
resistant to diseases, harsh seasonal changes and had better nutritional qualities. Thus, it
improved food both in quantitative and qualitative terms. But under the garb of these
numerous benefits, one should not ignore the potential risks, which these organisms pose
to the human health and the environment at large. Which are discussed above.
Human Rights, the inalienable rights bestowed to mankind, preserving its dignity
and sanctity faces dilemma in the midst of the benefits and risks of GMOs. The human
right to food and the human right to health are quite relevant in this context. For
instance, the benefit of condensing better nutritional qualities in food through the creation
of GMOs apparently seems to protect the right to food. But, taking note of the possible
threats of allergic reactions (the nature and gravity of which, is not known) and loss to
biodiversity, may pose a long-term hidden challenge to the human right to health.
Furthermore, human beings are an entity of the ever changing and mysterious nature. The
health and strength of our lives are connected to that of the earth. Thus, a loss of
biodiversity and disruption of the sensitive food chain will also have repercussions on our
right to food as well. The triggering of genetic mutation will also have effects upon other
living organisms, which challenges the greater cohesion inherent in nature.
The human right to food and the human right to health are two of the aspects that
are highly relevant under the vast umbrella of human rights. They are directly related to
the controversies surrounding GMOs as gene technology is applied to crop plants to
enhance food in terms of quality and quantity. Thus, beginning to form an inherent part of
the kind of food we consume and consequently the health we maintain.
Right to Food as a Human Right

The right to adequate food implies access to food that is


nutritious, safe and culturally acceptable.40
Food is the basic necessity of life. Survival of every being demands input of some kind of
fuel to keep the metabolism running food is that fuel. The right to food is universal,
acknowledged at the national, regional and international level, and applies to every
person and group of persons41. Some ethical aspects of GMOs fall within the context of
the right to adequate food, which is derived from the Universal Declaration of Human
Rights. Formally, in legal terms, the Right to Food has been enunciated in the Universal
Declaration of Human Rights (UDHR), the International Covenant on Economic, Social
and Cultural Rights (ICESCR), the Convention on the Rights of the Child (CRC), and
several other international instruments.42
The right to food was recognized for the first time at the international level in the1948
UDHR. Article 25 reads-Everyone has the right to a standard of living adequate for the
health and well-being of himself and of his family, including food, clothing, housing and
medical care and necessary social services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or other lack of livelihood in

40 Genetically modified organisms, consumers, food safety and the environment in FAO
Ethic Series, Food and Agriculture Organization , 5-8 (2011). ( Aug, 20, 2016)
ftp://ftp.fao.org/docrep/fao/003/x9602e/x9602e00.pdf
41 Golay, C. and zden, M. The Right To Food: A fundamental human right affirmed by
the United Nations and recognized in regional treaties and numerous national
constitutions. Human Rights Programme of the Europe- Third World Centre (CETIM),pp
2-56. Retrieved from http://www.cetim.ch/en/documents/Br-alim-A4-ang.pdf.
42 Ahluwalia, P. The Implementation Of The Right To Food At The National Level: A
Critical Examination Of The Indian Campaign On The Right To Food As An Effective
Operationalization Of Article 11 Of ICESCR., 8 Center For Human Rights And Global
Justice Working Paper Economic, Social And Cultural Rights Series, 7-51 (2004)
http://www.chrgj.org/publications/docs/wp/Ahluwalia%2 0Implementation%20of%20the
%20Right%20to%20Fo od.pdf.

circumstances beyond his control. The importance of the UDHR lies in its being
accepted today by all countries.
ICESCR deals with the Right to Food more comprehensively than any other treaty
Article 11 of the ICESCR envisages two notions of the Right to Food: adequate food
(para.1) and freedom from hunger (para.2). While the former is a broader concept, the
latter is narrow in scope and could be achieved by adopting policies to provide a minimal
daily nutritional intake.
At the 1996 World Food Summit, the Rome Declaration on World Food Security
and the World Food Summit Plan of Action reaffirmed the right of everyone to adequate
food. The UN Committee on Economic, Social and Cultural Rights and the UN
Commission on Human Rights have both addressed the right to food in the follow up to
the World Food Summit. The Committee on Economic, Social and Cultural Rights
considers that the core content of the right to adequate food implies: The availability of
food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free
from adverse substances, and acceptable within a given culture; The accessibility of such
food in ways that are sustainable and that do not interfere with the enjoyment of other
human rights.43
Apart from these International Instruments, in India Article 21 of Indian Constitution also
guarantees Right to adequate and safe food as a Fundamental Right of every Citizen of
the country. In the verdict of Centre for Public Interest Litigation V Union of India and
Ors44.The Supreme Court of India observed that the right to life and human dignity under
art 21 of the Constitution also incorporates the right to have food articles and beverages
which are free from harmful residues such as pesticides and insecticides. Food articles
which are harmful and injurious to public health had the potential of striking at the
fundamental right to life guaranteed by the Constitution and it was the governments
43 Supra note 48, at 6-8.
44 Judgement, Writ Petition (CIVIL) NO. 681 OF 2004, Supreme Court of India.

responsibility to take steps for protection of life and health. A bench of Justices K.S.
Radhakrishnan and Dipak Misra directed the Food Safety and Standards Authority of
India (FSSAI) to gear up their resources with their counterparts in all the states and
union territories and conduct periodical inspection and monitoring of major fruits and
vegetable markets.
In the words of the apex court, We may emphasise that any food article which is
hazardous or injurious to public health is a potential danger to the fundamental right to
life guaranteed under Article 21 of the Constitution of India. A paramount duty is cast on
the States and its authorities to achieve an appropriate level of protection to human life
and health45
These international and national provisions and judicial views implies that safe and
healthy food is basic Human right as well as Fundamental right of Human beings. And
when the genetic modification is used on food articles it should ensure that these food is
safe and consists of no hazardous organisms that is injurious to health.
Right to health as a Human Right
Healthy food and healthy environment are two indispensable elements of a healthy
life. It is seen that there are a number of environmental and health concerns regarding the
application and use of GM organisms or GM crops. These concerns are directly or
indirectly related to the human health and right to health is a part of basic Human Rights.
The shaping of right to health as a human right has come a long way from the
public health movements of the 19th century in US and Europe to the numerous
declarations and treaties such as UDHR, ICESCR, Declaration of Alma Ata and World
Health Declaration. The first expression of this right in the international legal instrument
came in the Constitution of World Health Organization (WHO) in 194646. It was in the
45 Id.
46 Constitution of the World Health Organization, Basic Documents, 6 (45th ed. 2006) p6.
http://www.who.int/governanc e/eb/who_constitution_en.pdf.

Article 25 of the UDHR, where for the first time right to health was acknowledged as a
human right. Subsequently, the ICESCR and International Covenant on Civil and
Political Rights (ICCPR) elaborated upon it [15]. Article 25 of UDHR (1948) states
(1) Everyone has the right to a standard of living adequate for the health and well-being
of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control. (2) Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock, shall enjoy the same social
protection. This is the root of right to health as a human right. This is now seen as a precondition to enjoy and cherish all other human rights. The spirit reflected in this article
has a wide ambit and a holistic approach. It circumscribes everyone.
Article 12 of ICESCR has the most authoritative interpretation of the human right to
health and lays down the crux of making the governments responsible of safeguarding the
human right to health of people). Article 12 of ICESCR states 1. The States Parties to
the present Covenant recognize the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health. 2. The steps to be taken by the States
Parties to the present Covenant to achieve the full realization of this right shall include
those necessary for: (a) The provision for the reduction of the stillbirth-rate and of infant
mortality and for the healthy development of the child; (b) The improvement of all
aspects of environmental and industrial hygiene; (c) The prevention, treatment and
control of epidemic, endemic, occupational and other diseases; (d) The creation of
conditions which would assure to all medical service and medical attention in the event of
sickness.
In the later years, the essence and spirit of these landmark documents have been
boosted by other international initiatives and documents such as the Declaration of Alma
Ata (which critically dealt with the inequities of health services) and the WHO (which
has rigorously worked for materialization of health awareness programmes and various

other policy documents, notably, Health for All in the 21st Century47. Thus, tracing the
roots of health as a human right in its historical perspective, we find that the global health
jurisprudence has taken a long process of development from 1946 to 1998 and is still
strengthening the link of health and human rights and the WHO is continuing to take a
lead role in ensuring the place of health at the center of all human rights 48.
Besides these International Instruments, in India Article 21 of the Constitution of India
ensures Right to health as a fundamental right of each Indian Citizen. According to
Article 21 of the constitution, no person shall be deprived of his life or personal liberty
except according to procedure established by law. Article 21 has received liberal
interpretation from time to time after the decision of the Supreme Court in Maneka
Gandhi vs. Union of India,49 Article 21 guarantees fundamental right to life. Right to
environment, free of danger of disease and infection is inherent in it. Right to healthy
environment is important attribute of right to live with human dignity. The right to live in
a healthy environment as part of Article 21 of the Constitution was first recognized in the
case of Rural Litigation and Entitlement Kendra vs. State,50 (Popularly known as
Dehradun Quarrying Case). It is the first case of this kind in India, involving issues
relating to environment and ecological balance in which Supreme Court directed to stop
the excavation (illegal mining) under the Environment (Protection) Act, 1986. In M.C.

47 Health21 is the name given to the World Health Organization (WHO) European
Region policy framework derived from the "health-for-all policy for the twenty-first
century" passed by the World Health Assembly in 1998, WHO (Aug,25,2016)
http://www.euro.who.int/__data/assets/pdf_file/0004/109759/EHFA5-E.pdf.
48 Health and human rights, WHO, December 2015 ( Aug, 25, 2016)
http://www.who.int/mediacentre/factsheets/fs323/en/.
49 AIR 1978 SC 597
50 AIR 1988 SC 2187

Mehta vs. Union of India,51 the Supreme Court treated the right to live in pollution free
environment as a part of fundmental right to life under Article 21 of the Constitution.

GENETICALLY MODIFIED ORGANISM AND THE PRINCIPLE OF


SUSTAINABLE DEVELOPMENT
Today, the conservation, protection and improvement of human environment are major
issues all over the world. Human environment consists of both physical environment and
biological environment. Physical environment covers land, water and air. Biological
environment includes plants, animals and other organisms. Both physical and biological
environment are inter-dependent. Industrialisation, urbanisation, explosion of population,
over-exploitation of resources, disruption of natural ecological balances, destruction of a
multitude of animal and plant species for economic reasons are the factors which have
contributed to environmental deterioration.52 One country's degradation of environment
degrades the global environment for all the countries. The problem of environmental
pollution has acquired international dimension and India is no exception to it.
Sustainable development is opposed to the concept that development and ecological
conservation cannot go together. Sustainable development shows the way in which the
planning pertaining to development should be approached. The concept of sustainable
development signifies a policy approach or goal rather that a substantive prescription. Its
principal merit is that it modifies the previously unqualified development concept.53
A special concern for environment, economy and society while balancing economic
growth and social development is generally called the principle of sustainable
development. Each and every ecosystem in which human interact for development has its
51 AIR 1987 SC 1086
52 Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109
53 A.K. TIWARI, ENVIRONMENTAL LAWS IN INDIA: CONTRIBUTION OF THE SUPREME
COURT, 208 (7th ed. 2008).

carrying capacity. The principle of sustainable development mandates that while striving
for economic growth and social development, caution should be taken in the carrying
capacity of the ecosystem.54
CONCEPT OF SUSTAINABLE DEVELOPMENT
The importance of environmental protection in the process of industrial development was
realized globally for the first time at United Nations Conference on Human Environment
held at Stockholm in 197255. Another mile stone in this respect was Rio Conference held
in 199256 in Brazil which gave concrete shape to the concept of sustainable development
which envisages balance between ecological and developmental concerns. At this
Conference Rio Declaration was adopted. It spells out the salient features of sustainable
development which include intergenerational equity principle, polluter pays principle,
precautionary principle, eradication of poverty, international cooperation, conservation of
natural resources and integration of environment and development. Over the next twenty
years, international environmental law developed fast with the adoption of a great
number of treaties in various fields.
The increasing importance of international environmental protection happened alongside
continued policy debates concerning the link between environmental management and
economic development. This eventually led to the mainstreaming of the concept of
sustainable development. One of the seminal policy documents in this context was the
report by the World Commission on Environment Development (Brundtland Report). The
Brundtland Report coined the most often cited phrase to describe the principle of
sustainable development as development that meets the needs of the present without
54 KARTIKEY HARI GUPTA, SUSTAINABLE DEVELOPMENT LAW: THE LAW FOR THE
FUTURE, 25 ( 10th ed. 2016)
55 Declaration of the United Nations Conference on the Human Environment, Jun, 16,
1972, 11 ILM 1416 (1972).
56 Rio Declaration on Environment and Development, Jun, 6 1992, UN Doc.
A/CONF.151/26 (vol. I); 31 ILM 874 (1992)

compromising the ability of future generations to meet their own needs.57 The core of
this definition are two linked ideas: the needs of present and future generations; and the
limitations imposed by the state of technology and social organization on their
environments ability to meet present and future needs.
The Brundtland report definition clearly indicated that sustainable development was
much more than a simple link between environmental conservation and economic
development. It included a focus on poverty, a strong emphasis on equity arid an intergenerational focus. Following the Brundtland report, there was a flow of international
discussions and conferences to uphold and make practicable the concept of sustainable
development. Sustainable development became a buzzword in international policymaking and was soon adopted as canon for all international policy-making in the field of
the environment.58
The central role of sustainable development was confirmed on the occasion of the UN
Conference on Environment and Development (UNCED) held in 1992 in Rio de Janeiro.
The very name of the conference reflected a change in approach since the Conference on
the Human Environment in Stockholm. While the focus had once been on the human
impact on the environment and assessing the relevance of the environment in terms of
human need, the UNCEDs approach was in marked contrast. In Rio de Janeiro, the
emphasis was on the protection of the environment and the advancement of development,
giving priority to both, and calling for social and economic development processes to
take the environment into account. The Rio Declaration, a short document of twentyseven principles, reaffirms the Stockholm Declaration of 1972 on which it seeks to build,
but with a new approach and philosophy. Its central concept is sustainable development,
as defined by the Brundtland Report, which urges integration of environment and
57 Report of the World Commission on Environment and Development: Our Common Future In UN
Documents Gathering a body of global agreements, ( Aug, 25,2016) http://www.undocuments.net/wced-ocf.htm

58 TIWARI, Supra note 61, at 219.

development so that both may be sustained, over the long term. Principle 4 is important
in this regard as it affirms that in order to achieve sustainable development,
environmental protection must constitute an integral part of the development process.59
These views are also reflected in Principle 1, which advances the admittedly
anthropocentric position that (human beings are at the center of concerns for sustainable
development. They are entitled to a healthy and productive life in harmony with
nature.60
Agenda 21, a non-binding, voluntarily implemented action plan of the United Nations
with regard to sustainable development is another major instrument of sustainable
development. It is a product of the Earth Summit (UN Conference on Environment and
Development) held in Rio de Janeiro, Brazil, in 1992. Which provides a comprehensive
plan complete with strategies and programmes to halt and reverse the effects of
environmental degradation and to promote sustainable development in all countries.61
The 1992 Rio Declaration on Environment and Development defines the rights of the
people to be involved in the development of their economies, and the responsibilities of
human beings to safeguard the common environment. The declaration builds upon the
basic ideas concerning the attitudes of individuals and nations towards the environment
and development, which was first identified at the United Nations Conference on the
Human Environment, 1972 (Stockholm Declaration).
The trade and commercial release of hazardous GMOs involves a safety concerns,
its potential effect on environment and an health of living beings cannot be analysed
accurately with scientific tools because of its prolonged after effects. In such
59 Principle 4, Rio Declaration on Environment and Development.
60 Marie-Claire Cordonier et al, sustainable development Law, Principle Practice and
Prospects, Published by Kluwer Law International, 20 (6th ed.2006).
61 N.A. Robinson, Agenda 21: Earths Action Plan, 21 IUCN Environmental Policy &
Law Paper , 200-2003 (2000).

circumstances the established principles of sustainable development can be applied to


prevent the potential threats of GMOs. These principles and its applications are discussed
below.

Precautionary principle
The precautionary principle seeks to ensure that a substance or human activity
which may cause a threat to the environment is prevented from causing harm to
environment, even if there is no conclusive scientific proof of linking that particular
substance or human activity to environmental damage. Thus, precautionary principle presupposes that onus of proof is on the industrialist or to the person who deals with
hazardous substance to show that his action is benign, that is not harmful to environment.
The precautionary principle in the context of environmental protection is
essentially about the management of scientific risk. It is a component of the concept of
ecologically sustainable development and has been defined in Principle 15 of the Rio
Declaration, 1992. According to this principle, where there is threat of serious or
irreversible environmental damage, lack of full scientific certainty should not be used as
a reason for postponing measures to prevent environmental degradation." In other words,
any human activity or behaviour which bears the harmful effect to the environment, has
got to prevented at all costs.62
The Indian Supreme Court has accepted in Vellore63 case that the Precautionary Principle
is part of the environmental of the country. In the context of municipal law, according to
the court, it means three things:
One, environmental measures, to be taken by the State or other authorities, must be such
that it anticipate, prevent and attack the causes of environmental degradation. That the
62 SAKARMA SAMYAJI & GANESHA SOMYAJI, ENVIRONMENTAL CONCERNS
AND SUSTAINABLE DEVELOPMENT: SOME PERSPECTIVES FROM INDIA, 269
(2010).
63 Vellore Citizens Welfare Foum V Union Of India, (1996) 5 SCC 647

Precautionary Principle is part of the environmental of the country. In the context of


municipal law, according to the court, it means three things:
Two, where there are threats of serious and irreversible damage than any lack of scientific
certainty should not be used as a reason for postponing measures to prevent
environmental degradation.
And third, the onus of proof shall be on the actor or the developer/industrialist to show
that his action is environmentally benign.64
Intergenerational Equity
One of the important components of sustainable development is the principle of
Intergenerational equity. This principle aims at preserving the nature and its systems for
not only the present generation but also the future generations. This principle aims at
maintaining the same quality of nature for the coming generation with which the present
generation inherited from their ancestor. This in turn makes it necessary that the quality
of life that we enjoy today has to be enjoyed in such a way that the next generation gets
the same quality. It imposes a duty on the present generation to take minimum but
contribute maximum to the environment and not the other way leaving degraded
environment for the coming generation.65
The Principle has got recognition and acceptance at various international provisions, The
Stockholm Declaration, in very clear terms, has recognised the right to environment for
future generation principle 1 and principle 2 of the declaration state as follows
Principle 1:
Man has the fundamental right to freedom, equality and adequate conditions of life
in an environment of quality that permits a life of dignity and well-being, and he bears a
64 ROBINSON, Supra note 58, at 270.
65 TIWARI, Supra note 49, at 266-268.

solemn responsibility to protect and improve the environment for the present and future
generations.
Principle 2:
The natural resources of the earth including the air, water, land, flora and fauna
and especially representative samples of natural ecosystems must be safeguarded for the
benefit of present and future generations through careful planning or management, as
appropriate.
In A.P. Pollution Control Board v. M.V. Nayudu,66 the Apex Court observed that
where the State Government makes an attempt to balance the need of the environment
and need of the economic development, it would not be proper to prohibit it from doing
so. In such a case, it would be safer to apply the protective principle and the principle
of polluter pays, keeping in mind the principle of sustainable development and the
principle of inter-generational equity.
Polluter pay principle
All the member countries participating in the Organisation for Economic Co-operation
and Development (O.E.C.D.) agreed to incorporate in their environmental policies the
principle of 'polluter pays' so as to discourage subsidies that could be detrimental for
trade. They deemed this necessary for the protection of environment and save the country
from threats posed by environmental pollution in modernised industrial societies.
Polluter Pays principle was considered to be one of the best method for prevention of
environmental pollution. But there were practical difficulties in working out an exact
definition of the principle as there could be dispute as to the limits on payment for
damages caused and exact scope of the applicability of principle. 67

66 299 2 SCC 718


67 TIWARI, Supra note 49, at 222-223.

The polluter pays principle was recognised as an integral part of the sustainable
development by the international community arid was incorporated as Principle 16 of the
Rio Declaration of Earth Summit, 1992. The principle reads as follows :National authorities should endeavour to promote the internationalisation of
environmental costs and the use of economic instruments taking into account the
approach that the polluter should in principle bear the cost of pollution with due regard
to the public interest and without distorting international trade and investment.
The principle basically means that the producer of goods or other items should be
responsible for the costs of preventing or dealing with any pollution which the process
causes. This includes environmental costs as well as direct costs to people or property. It
also covers costs incurred in avoiding pollution, and not just those related to remedying
any damage.68
The Supreme Court in M.C. Mehta V Kamal Nath,69 observed that polluter pays principle
has been recognised as fundamental objective of Government's environmental policy to
prevent and control pollution. The Court in this case observed that the calculation of
environmental damages should not be on the basis of claim put forward by the party, but
it should be on the basis of examination of the situation by the Court, keeping in view the
factors such as deterrent nature of the award.
Correlation between sustainable development and GMO
There is a deep relationship between GM crops and Sustainable development. There are
different views on the effects of GMOs, one view is that GMOs are the only solution to
the problem of growing food insecurity and poverty, but a second view expresses adverse
effects of GMOs on environment and health of living beings. It is seen that there are
68 S. BALL & S. BELL, ENVIRONMENTAL LAW, 97 (2nd ed. 1994) as sited in DR. A. K.
TIWARI, ENVIRONMENTAL LAW IN INDIA, at 222 (2006).
69 1997 1 SCC 388

numerous studies regarding the adverse effects of GMOs though they are not
scientifically proven.
The main legislative instrument of EU ( European Union) regulating GMOs, EC
Council Directive 2001/1872, states that Living organisms, whether released into the
environment in large or small amounts for experimental purpose or as commercial
products may reproduce in the environment and cross national frontiers thereby affecting
member states. The effect of such release on the environment may be irreversible. 70 The
statement stresses on the fact that the behavior of GMOs, once released into environment
may be difficult to monitor and control because they will multiply, adapt, evolve and
interact and the effect once happened it becomes irreparable.
It is evident that today the use of modern biotechnology and wide application of GMOs
in agriculture does not meet principles of sustainable development. Problems caused by
wide-scale application of genetically modified crops (GM crops) are gaining momentum
year by year. Analysis of GM crops performance in agriculture demonstrates that they did
not contribute to the progress. Moreover, the use of GM crops in agriculture impedes
achievement of the UN Millennium Development Goals specifically - combating poverty
and hunger.71
Once the GMOs have been introduced into the environment and some problems arise, it
is impossible to eliminate them. Many of these risks are identical to those incurred with
regards to the introduction of naturally or conventionally bred species. But still this does
not suggest that GMOs are safe or beneficial, nor that they should be less scrutinized.The
70 EC Council Directive 2001/1872, on the deliberate release into the environment of
GMOs, (2001), recital (4) Preamble. http://eurlex.europa.eu/smartapi/cgi/sga_doc?
smartapi!celexapi!prod!
CELEXnumdoc&lg=EN&numdoc=32001L0018&model=guichett .
71 Heinrich Boll, NGO Call to the UN Commission on Sustainable Development on Un
sustainability of Modern Agricultural Biotechnologies In Development, Release and Use
of Genetically Modified Crops , (Sep, 20, 2016)
http://www.boell.de/downloads/ecology/CSD-GMO_position.pdf.

effects of changes in a single species may extend well beyond to the ecosystem. Single
impacts are always joined by the risk of ecosystem damage and destruction. GM crops
threaten environmentally sustainable agricultural practices due to genetic and chemical
contamination, GM crops contribute to the expansion of monocultures, the decrease of
agricultural diversity, the elimination of indigenous varieties.72
Considering the above discussion in context of deferent principles of sustainable
development like Inter-Generational Equity, Environmental Protection, Precautionary
Principle, and Polluter Pays Principle, it can be said that compatibility of GM crops to
sustainable development is doubtful. There is an instant need of further steps in this
context which should be done with proper care and caution. There should be a specific
enactment for regulation of GM crops. Legislation should also provide farmers with
rights to take legal action against a company responsible for an incident.

CONCLUSION

72 Dhan Prakash et all, Risks and Precautions of Genetically Modified Organisms, 2


International Scholarly Research Network Notices, 123-130 (2011),
http://www.hindawi.com/journals/isrn/2011/369573/.

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