Tuesday, November 27, 2012

ESG filed Public Interest Litigation (PIL) before the Karnataka High Court on BT patent

On 5th June, 1992, 150 nations signed an agreement in Rio Earth Summit to protect the Biodiversity of our planet for the sustainable growth. The main objective of the agreement was conservation of biological diversity, the sustainable use of its components and fair and equitable share of its benefits arising out of the utilization of genetic resources including by appropriate access to genetic resources and exchange of technologies. India was one of the signatories of the agreement. Indian Parliament legislate a new law for conservation of biodiversity in the line of the said agreement. The law named as "The Biological diversity Act (2002)" came into force in the year 2003. The law empowered the "National Biodiversity Authority" to regulate the commercial utilization of Indian Biological resources. On 8th November 2006,Ministry of Environment and Forests formulated a guideline for International Collaboration of Research Project involving transfer or exchange of Biological Resources or Information between institutions including government sponsored institutions and such institutions in other countries. 
    
          In the meantime, a tripartite agreement between Mahyco (a subsidiaries of US multinational Monsanto), the University of Agricultural Sciences, Dharwad (UAS) & Sathguru Management Consultants (P) Ltd for the development of pro-poor brinjal, popularly known as genetically modified BT brinjal. The agreement was criticized by the environment activists. Not only that, the farmers and the common people started violent protest against the agreement. Their allegation was that BT brinjal were not safe for the environment of the country and it was not fit for human consumption. The then Environment Minister Jairam Ramesh announced the moratorium of the issue.  Again in 2009, the Genetic Engineering Approval Committee approved and granted the permission for  releasing genetically modified BT brinjal ignoring the voices of the common people.
    
        In this context, a Bangalore based NGO, Environmental Support Group (ESG) submitted a petition to Environment Minister Jairam Ramesh mentioning that BT Brinjal is a bio-piracy product. Being disgusted by the apathetic and stubborn attitude of the Government, ESG filed a complaint with Karnataka Biodiversity Board on February, 2010, mentioning that local varieties of brinjal were used for the development of BT Brinjal and it was a clear violation of National Biodiversity Act, 2002. Karnataka Biodiversity Board forwarded the petition to National Biodiversity Board (NBA) with their comments that the argument of the petitioner was correct according to their findings.  After a long delay, NBA decided to take the legal action against the concerned parties on the ground that local varieties of brinjal were used for the development of BT Brinjal.  However, the Government and NBA were avoiding the legal action citing various pleas.
    
          ESG at last filed a Public Interest Litigation (PIL) before the Karnataka High Court after waiting for more than a year over the non-prosecution of bio-piracy by Monsanto's subsidiary Mahyco. They accused against the National Biodiversity Authority, the Union of India, the Ministry of Environment & Forests, the State of Karnataka & the Karnataka State Biodiversity Board. The Principal Bench of the High Court of Karnataka (comprising Chief Justice Mr. Vikramjit Sen and Justice Mrs. B. V. Nagarathna) today ordered issue of notice in the Public Interest Litigation (Writ Petition No. 41532/2012) filed by Environment Support Group, Bangalore (ESG) and listed the matter for further consideration for the fourth week of January 2013.

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