Herbicide Tolerant (HT) cotton is illegal in India primarily because it has not received commercial cultivation approval from the Genetic Engineering Appraisal Committee (GEAC). The GEAC, operating under the Ministry of Environment, Forest and Climate Change, is the apex regulatory body in India responsible for approving the release of genetically modified organisms (GMOs), including crops, for commercial cultivation.
Without this official approval, any activity related to HT cotton is considered a violation of Indian law.
Lack of Regulatory Approval
The core reason for the illegality of HT cotton is the absence of a green signal from the GEAC. This committee conducts rigorous scientific assessment of genetically modified crops, considering various factors such as:
- Environmental Impact: Potential effects on biodiversity, soil health, and non-target organisms.
- Human and Animal Health: Safety concerns related to consumption.
- Agronomic Performance: How the crop performs in different agricultural conditions.
- Socio-economic Implications: Impact on farmers, market dynamics, and agricultural practices.
Until a comprehensive review concludes that a GM crop is safe and beneficial for commercial release, it remains unapproved and therefore illegal to cultivate, sell, or produce its seeds.
Legal Implications and Penalties
The unapproved status of HT cotton triggers several legal provisions, making its cultivation, sale, and seed production a punishable offense. The relevant laws and orders under which such activities are illegal include:
| Legal Framework | Scope of Illegality |
|---|---|
| Environmental Protection Act, 1986 | Governs the protection and improvement of the environment, including the regulation of genetically modified organisms. |
| Seeds Act, 1966 | Regulates the quality of seeds for sale and aims to make good quality seeds available to farmers. |
| Seed Rule, 1968 | Provides detailed rules for the implementation of the Seeds Act. |
| Seeds (Control) Order, 1983 | Further regulates the production, sale, and distribution of seeds. |
Any individual or entity found engaging in the cultivation, sale, or production of seeds of unapproved herbicide tolerant cotton can face severe penalties, as these actions directly violate the established legal and regulatory framework designed to control the introduction of genetically modified crops into the Indian ecosystem. This strict legal stance underscores the Indian government's cautious approach to biotechnology in agriculture.
