NBA confirms Monsanto/Mahyco and ors. to be criminally prosecuted in Bt. Brinjal Biopiracy Case
Environment Support Group, 24 May 2012
Bangalore: In its first official confirmation, National Biodiversity Authority (NBA, India's independent regulator on all matters pertaining to biodiversity protection, conservation and use) has stated that "it is proceeding with lodging of complaint against the alleged violators" of Biological Diversity Act on grounds of biopiracy in promoting Bt. Brinjal, India's first transgenic GMO food. This information was provided to Environment Support Group (ESG) in response to a Right to Information query, and a copy is enclosed. As per Indian law, the filing of the complaint against this serious environmental crime assumes launching of criminal prosecution against the violators. India has already enforced a moratorium on the commercial release of Bt. Brinjal on various scientific, legal, health and community concerns.
The undersigned on behalf of Environment Support Group had filed a complaint in February 2010 accusing the world's largest agritech company Monsanto along with its Indian partner Mahyco, Sathguru Consultants (representing USAID and Cornell University) and various public funded agriculture institutions such as University of Agriculture Sciences (Dharwar, Karnataka), Tamilnadu Agricultural University (Coimbatore) and Indian Institute of Vegetable Research (Uttar Pradesh), of accessing over 16 varieties of brinjal endemic to India in comprehensive violation of the Biological Diversity Act while promoting the commercial release of transgenic Bt. Brinjal through 2005-2010. None of the regulatory agencies, including the NBA and Ministry of Environment and Forests, had bothered to verify compliance with the B D Act throught out this period, and began to take action with much reluctance after ESG filed the complaint.
The RTI query was filed seeking all documentation pertaining to the case filed by ESG. Shockingly, and quite questionably, NBA has refused to part with the documentation even to the complainants. Justifying this stand, it has controversially and peculiarly claimed that the documentation cannot be shared with the complainants as “the matter is under advanced stage of lodging of complaint and taking into account the intricacies which involve nuances of biotechnology it is felt that it may not be appropriate to provide the documents/instructions at this juncture”. Evidently, NBA is not even sure if this is the right decision to take, and ESG will file an appeal against this decision soon.
As reported in the media, the decision to initiate criminal prosecution against this case of biopiracy was taken by NBA in its meeting held on 28 February 2012, after it was put to a vote. The vote became essential as some members of the NBA were keen on stopping the prosecution. This when when NBA had already resolved in June 2011 to prosecute the violators, a fact repeatedly confirmed in Parliament by the Indian Environment Minister Smt. Jayanti Natarajan. ESG has consistently raised concerns over such dithering by NBA to initiate action against violators of the Biological Diversity Act.
Karnataka Chief Minister urged to re-initiate prosecution against Bt. Brinjal violators
ESG has also submitted a representation to Karnataka Chief Minister Shri. Sadananda Gowda urging him to immediately revive the decision to criminally prosecute those engaged in biopiracy through the Karnataka Biodiversity Board. It may be recalled that the Board had decided to initiate appropriate legal action against University of Agricultural Sciences (Dharwar), Monsanto and Mahyco for accessing 6 local varieties of brinjal illegally from Karnataka, and converting them into transgenic Bt. Brinjal products, all in violation of the Biological Diversity Act. However, due to pressure, apparently brought by none other than the Principal Secretary of Karnataka's Environment Department (the chief custodian of Karnataka's biodiversity), the investigation built over two years was suspended in a controversial decision of the Board in January 2012. ESG initiated a mass petition in February this year against this illegal and retrograde decision to the Chief Minister. Over 500 groups and individuals across India and the world have endorsed this representation which is accessible at: http://www.ipetitions.com/petition/karnataka-biodiversity-board-must-prosecute/. A copy of the representation now made to the Chief Minister is also enclosed.
More details about ESG's efforts to tackle biopiracy in India, including documents listed above, are accessible at: www.esgindia.org
Leo F. Saldanha
Coordinator/Trustee
and Co-complainant in the aforesaid Biopiracy case with
Bhargavi S. Rao
Coordinator (Education)/Trustee
Environment Support Group
About ESG: Environment Support Group is a small group committed researchers,lawyers and activists responding to various issues of environmental, social justice and governance concern. More details about the group may be accessed at: http://esgindia.org/about-us/esg-team.html
Donate to ESG: ESG relies on public support and your generous contributions to advance its various public interest initiatives. Details on how you can contribute can be accessed at: http://esgindia.org/about-us/what-you-can-do.html
- Main Menu
- Home
- News
- Articles
- Videos
- Index of speakers
- Glyphosate Videos
- Gene Editing videos
- Must see videos
- Health Effects
- Agriculture videos
- Labeling videos
- Animals videos
- Corporations videos
- Corporate takeover videos
- Contamination videos
- Latin America videos
- India videos
- Asia videos
- Songs videos
- Protests videos
- Biofuel myths videos
- Index of GM crops and foods
- Contact
- About
- Donations
- News
- Articles
- Donations
-
Videos
- Index of speakers
- Glyphosate videos
- Gene Editing
- Must See videos
- Health Effects
- Agriculture videos
- Labeling videos
- Animals videos
- Corporations videos
- Corporate takeover videos
- Contamination videos
- Latin America videos
- India videos
- Asia videos
- Songs videos
- Protests videos
- Biofuel myths videos
- Index of GM crops and foods
- Contact
- About
News Menu
News Archive
- 2023 articles
- 2022 articles
- 2021 articles
- 2020 articles
- 2019 articles
- 2018 articles
- 2017 articles
- 2016 articles
- 2015 articles
- 2014 articles
- 2013 articles
- 2012 articles
- 2011 articles
- 2010 articles
- 2009 articles
- 2008 articles
- 2007 articles
- 2006 articles
- 2005 articles
- 2004 articles
- 2003 articles
- 2002 articles
- 2001 articles
- 2000 articles
PLEASE SUPPORT GMWATCH
If you like what we do, please help us do more. You can donate via Paypal or credit/debit card. Some of you have opted to give a regular donation. We greatly appreciate that as it helps place us on a more stable financial basis. Thank you for your support!
Web Development By SCS Web Design