In February last year, India, faced with a huge outcry from scientists, greens and farmers, put a moratorium on the release of Bt-Brinjal that had been approved for commercialization after several public consultations. Recently, the Nagoya-Kuala Lumpur Supplementary Protocol was negotiated which requires states to evolve a domestic framework that can respond to transboundary damage by Genetically Modified (GM) food . This article briefly explains the multifarious risks that could be involved in using GM foods as an alternative to the ordinary varieties known to man since the dawn of our species. It goes on to discuss the peculiarities of regulating a largely unknown field of GM foods and the major hurdles, which are present in the actual attribution of liability along with the ongoing debates. In conclusion, this article scrutinizes the controversial Biotechnology Regulatory Authority Bill and argues for a comprehensive ‘genetic technology specific’ liability and compensation regime in place in India that should serve as an example to the world striving to come to terms with the consequences of modern biotechnology.

Global demand for food has faced substantial increase owing to a growing world population and decreasing arable land. At the same time food and agricultural systems are yet to respond to several changes such as increasing international competition, globalization and rising consumer demands for improved food quality, safety, health enhancement and convenience. Modern biotechnology, involving the use of recombinant Deoxyribonucleic Acid (DNA) technology or genetic engineering has emerged as a dominant tool with numerous potential application for improving the quantity and quality of food supply. Foods derived from genetically modified crops have already become available worldwide with the endeavor of enhancing productivity, decreasing the use of certain agricultural chemicals, modifying the inherent properties of crops, improving the nutritional value or even increasing the length of time a packaged food or drug will last without deteriorating.

The development of Genetically Modified Organisms (GMOs) has caused a worldwide debate, requiring us to revaluate theories of social responsibility of corporations, the prime agents of research and commercialization of products based on genetic alteration. In India and elsewhere such appraisement has come in the form of opposition from activists1, palpable especially in the staunch resistance faced by Bacillus thuringiensis (Bt.) products reflected in the recent case of Bt. Brinjal. It is discernible that Bt. Brinjal is only the tip of the iceberg of potentially hazardous GMO foods which could flood the lands and markets in the coming decades. India, a country known for ‘flexible’ GMO regulation, stands out as a relatively safe haven for such research and introduction.

What is perturbing is that in 2007, cultivation of Bt. Cotton (another crop based on the Bt. technology) proved fatal to thousands of farm animals along with the state government acknowledging the presence of lethal toxins in such land, and advising against letting animals graze on the same.2 Possible environmental harm noted in GM technology includes dangers linked to the instability of the genetic material and the possibility of further changes in the GMOs, the transfer of genes to other organisms and the potential for transgenic varieties to outperform other varieties leading to the displacement or disappearance of wild species.3 It is unfortunately seen that regulators of developing countries in particular are pressurized to speed up application procedures for biotech developments in order to avoid ‘undue delay’ to the industry. For example, the Indian government is under insistence to create a ‘one-stop’ approval process, thereby consolidating the existing sequential series of regulatory steps.

The outcome of this influence is the new regulatory bill discussed later in the article. As India establishes itself as a leader in biotechnology and keeping in mind its largely uneducated farming populace, the nation serves as an apt venue for hazardous venturing, one of which is sufficient to cause calamities in the agrarian nation. The aim of this article is two fold; to elucidate the major concerns surrounding genetic modification technology with a special reference to Bt. Brinjal and to discuss some key issues before a tailored liability law can be crystallized nationally and internationally.

Law Review Journal, World Disaster Report, Natural Disasters, Technological Disasters, Disaster Management, World Health Organization, Organizational Goals, Environmental Degradation, Risk Assessment, Disaster Risk Reduction, National Disaster Management Authority, National Disaster Mitigation Fund.