Institutions and companies wishing to proceed beyond these stages towards general release and commercialisation of GM-crops must conduct large-scale and multi-location field trials that are mandatory under the biosafety regulations. GEAC enters into the picture at this stage. GEAC has the sole responsibility and power to authorise large-scale and multi-location field trials, to asses the ‘output’ of the trials and on the basis of that assessment to approve, reject or put on hold the applicant’s request for general release of the GM-crop for commercial planting, imposing conditions (if need be) under which the general release can take place. GEAC may request ICAR to check and validate the ´output’ of the field trials submitted by the applicant, if necessary by conducting its own field trials. MEC monitors the small-scale contained field tests (RCGM’s ambit) and the open larger-scale field trials (GEAC’s sphere), and submits its reports to RCGM, which are then made available by DBT to GEAC. MEC’s monitoring work and reports are expected to cover all the main aspects of biosafety, i.e. the impact of the GM-crop on the environment (ecology and biodiversity), the agronomy (crop production science and farm-level economy), the health of humans and livestock and the livelihoods of the farming community. RCGM, GEAC and MEC are made up of representatives of  

DBT, MoST, MoEF, MoA, as well as the ministries of health, industry, commerce (trade), and law and justice,

The central government funded national research councils dealing with science, technology, agriculture, health and industry, and

Some selected public sector R&D institutions from the four sectors of biotechnology (medical/pharmaceutical, agricultural, industrial and environmental).

Need for Liability Regime

In India the penal provisions provided under Rule 15 of the Rules of 1989 only states that in cases where orders are not complied with, the District Level Committees or State Biotechnology Coordination Committee may take measures at the expense of the person who is responsible. It does not provide for any penalty (such as confiscation, or compensation) that could deter prospective offenders. The most DLCs or SBCCs can do is to take corrective measures to mitigate the adverse effect due to violation of orders at the expense of violators. However, there could be cases of certain damages, which could be irreversible. In addition, since no DLC or SBCC has been made functional till date, even in the states where first GM crop (Bt Cotton) is now being commercially cultivated, this lacuna remains.