Bar&Bench News Network
While Union Environment Minister Jairam Ramesh is travelling across states to obtain consensus on genetically modified vegetables, Andhra Pradesh, from where he is a Member of Parliament, along with 12 other states yesterday officially announced their decisions that they would not go for commercial cultivation of the vegetables and urged the Union Government to defer its decision on the issue.
Activists have accused the Minister of colluding with seed companies like Monsanto. The debate started with Maharashtra Hybrid Seeds Company, who wanted to take up large scale field trials to test the transgenic brinjal. Created out of inserting a gene from soil bacterium, Bacillus Thuringiensis, into Brinjal, activists claim these vegetables have had adverse impacts when tested on lab rats.
Jairam Ramesh is scheduled to announce whether or not to go ahead with the commercial cultivation on February 10. Addressing mediapersons, he said, "The decision will disappoint 50 percent of India, and the rest will be happy. But my decision will be based on balancing science and society. Public opinion is very important. We should always remember that BT Brinjal is the first genetically modified vegetable in the world."
The advocate who irked Jairam Ramesh at the press conference, Hemant Goswami, has filed a Public Interest Litigation before the Punjab and Haryana High Court on the constitutional validity of the consultation committee and the process of validating policies concerning agriculture and pest research. Few days ago the Environment Minister was visibly upset with Hemant Goswani at a public discussion. The video of Goswami questioning the Environment Minister on the impartiality of the consultation committee and the need for the Centre’s intervention is available on his Facebook page.
Speaking to Bar & Bench Goswami asks, “Pest Control and research are state subjects. Genetically modified foods have always come under the topic of pest control and research. Why is the environment ministry taking interest in a subject that has to be legislated by the Parliament?” “The Environment Ministry has formed this committee under Section 6, 8 and 25 of the Environment Protection Act. These sections are to monitor pollutants and hazardous substance and to impose a ban on them and not in any way to approve a genetic engineering crop,” he adds.
The High Court is awaiting the petition copies in a related matter pending before the Supreme Court since 2004. Gene Campaign and Aruna Rodrigues had filed separate petitions before the Supreme Court with activist lawyer, Prashant Bhushan appearing on behalf of the activists.
Goswami has previously filed a suit against Facebook for allegedly promoting tobacco led advertisements. A copy of his BT Brinjal petition is available here.
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- 1. "DESPITE THE FACT THAT THE SC HAS TIMES AND AGAIN REITERATED THAT PILs SHOULD NOT BE FILED IN EACH AND EVERY CASE TO GAIN CHEAP PUBLICITY BUT I THINK THE INDIVIDUALS IN GENERAL AND SO CALLED PUBLICITY-HUNGRY ADVOCATES IN PARTICULAR HAVE BEEN PETITIONING COURTS RUINING ITS PRECIOUS TIME, THE BT BRINJAL ISSUE IS STILL IN CONSULTATION STAGE AND GOVT HAS YET TO TAKE ANY FINAL STAND ON IT SO WHY PETITION COURTS, I THINK THE CONCEPT OF P.I.L. IS BEING MISUSED, WHICH NEED TO BE CHECKED". HEMANT KUMAR ADVOCATE, AMBALA CITY
- 2. "BT-BRINJAL issue has to be taken seriously.Transgenic brinjal may be an advancement in science,but has to check out the health problems created by it.only after indepth research BT-BRINJAL has to be marketized". Suchithra Menon, Trivandrum,kerala
- 3. " Bt have toxin.Toxin effects on stomach system of the iinsect.What is effect of toxin after 10 -15 years on human beings .chemistry says if toxin in the body it can effect after a long time.". Ps Shukla, Dehradun
- 4. "what is effect of bt toxin on human beings after aq long time.". Shukla P S, Dehradun
- 5. "Development of GM crops is a new technology to improve production in most agricultural crops, but much more research works need to do as some potential nagative effects are still unclear recently.". Yulin Gao, (Unknown City)
- 6. "Though Bt brinjal is the first modified vegetable we should always keep in mind our health.This Bt contains which is highly restricted to have, my comment is "Want to die have Bt vegetables"". KAVITHA R, (Unknown City?)
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The Viewpoint: Indemnification Provisions - Is the fight on the indemnity clause worth the effort?
May 17, 2012 | Bar & Bench brings to you the twentieth article on 'The Viewpoint' series with its Knowledge Partner AZB & Partners. AZB Senior Associate Nandish Vyas and Associate Pranati Ishwar in this article seek to examine the context in which indemnification rights are relevant for acquisition transactions, and also seek to explore if there are areas where they are potentially not worth the comments (4)










