·          Socio-Economic considerations: The 1989 Rules fail to take into cognizance the socio-economic concerns nor have they been addressed after the signing of the Biosafety Protocol. Article26 of the Protocol clearly mentions that socio-economic concerns be taken into account in deciding whether or not to import a genetically engineered product. The Article is reproduced below:

Article 26

Socio-economic Considerations

(1) The Parties, in reaching a decision on import under this Protocol or under its domestic measures implementing the Protocol, may take into account, consistent with their International obligations, socio-economic considerations arising from the impact of living modified organisms on the conservation and sustainable use of biological diversity, especially with regard to the value of biological diversity to indigenous and local communities.

(2) The Parties are encouraged to cooperate on research and information exchange on any socio-economic impacts of living modified organisms, especially on indigenous and local communities.

This is respectfully submitted that the Rules do not reflect any of these provisions and hence fail to meet India's obligation as a signatory to the Protocol.

·          Public Participation: The Respondents have maintained silence on the key issue of public participation in decision making with respect to genetically engineered crops, foods and products. Not only the Biosafety Protocol, but its parent Convention, The Convention on Biodiversity, to which India is a signatory, has made it mandatory to ensure public participation in the decision making process relating to all genetically engineered organisms. Under Article 14, Clause 1 (a) of CBD provides as follows
“1. Each contracting party, as far as possible and as appropriate, shall:

(a) Introduce appropriate procedures requiring environmental impact assessment of its proposed projects that are likely to have significant adverse effects on biological diversity with a view to avoiding or minimizing such effects and, where appropriate, allow for public participation in such procedures.”

The Biosafety Protocol under Article 23 specifically provides for Public Participation in the decision-making process regarding living modified organisms. The Article is reproduced below-

Article 23

Public Awareness and Participation

1.The Parties shall:

(a) Promote and facilitate public awareness, education and participation concerning the safe transfer, handling and use of living modified organism in relation to the conservation and sustainable use of biological diversity, taking also into account risks to human health. In doing so, the Parties shall cooperate, as appropriate, with other States and International bodies;

(b) Endeavour to ensure that public awareness and education encompass access to information on living modified organisms identified in accordance with this protocol that may be imported.

2.The Parties shall, in accordance with their respective laws and regulations, consult the public in the decision making process regarding living modified organisms and shall make the results of such decisions available to the public, while respecting confidential information in accordance with Art.21.

3.Each Party shall endeavour to inform its pubic about the means of public access to the Biosafety Clearing-House.

The Rules of 1989 do not provide any provision for public participation, nor transparency in the decision making process, although the International provisions are binding on India. It is humbly submitted that the issue of public participation is NOT under negotiation and should have been incorporated on or before 11 September, 2003 when the provisions of BSP came into effect and became binding. All such principles which have important environmental implications and which India has an obligation to follow must be incorporated into the Rules.