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In the Writ Petition, it has been submitted that the said Notification is violative of Articles 14 and 21 of the Constitution besides being ultra-vires the provisions of the Environment (Protection) Act and also the Rules of 1989 under which the said exemption is being granted. The exemption which has been granted in favour of the food-stuffs derived from living modified organisms shall have serious adverse impact on the public health and the environment; the exemption which has been granted suffers from non-application of mind besides being arbitrary, unreasonable, unguided and violative of Article 14 of the Constitution. Dr. Suman Sahai, President of Gene Campaign has referred to various studies by which it is well-established that Genetically Modified (GM) foods can have adverse and serious impacts on health. A partial list of such scientific studies was submitted and is given below. The Writ Petition has challenged Rule 20 under which exemption has been granted as well as the Notification dated 23.8.2007 on the grounds that: - a) Power of exemption under rule 20 is unguided and uncanalised and, therefore, likely to be abused. Rule 20 is, therefore, ultra-vires the Constitution, Environment Protection Act and Rules of 1989. b) No exemption can be granted under Rule 20 to the foodstuffs mentioned in Rule 11 of the Rules of 1989 for the reason that foodstuffs are directly consumed and may have direct and immediate impact on human health. c) The effect of exemption under Rule 20 is that practically all the approvals/safeguards/guidelines to prevent or regulate the use of GM foods and foods derived from GMOs are taken away and, therefore, such exemption will result in serious harm to the health and environment, in violation of Art. 21 of the Constitution. d) There is growing scientific evidence that GM foods can have an adverse impact on human health and environment. Their use as food stuffs without exercising proper control and risk assessment etc, will endanger public health. e) The impugned notification granting exemption does not provide any reports or scientific data showing evidence that no harm to human health is known from the use of GM foods. f) The exemption, therefore, suffers from non-application of mind; it is arbitrary, unreasonable and violative of Art. 14 of the Constitution. In the Writ Petition, it has also been alleged that the exemption does not even provide for labeling on foodstuffs derived from GMOs. This violates not only the rights of the consumers under the Consumer Protection Act but also the provisions of Prevention of Food Adulteration Act (PFA), 1954. The Writ Petition has sought striking down of the Notification dated 23.8.2007. Studies showing serious health damage resulting from feeding tests with GM foods : i) Transgenic Expression of Bean – Amylase Inhibitor in Peas Results in Altered Structure and Immunogenicity. ii) Effective risk assessment of GM field peas- CSIRO. iii) Differential effects of Glyphosate and Roundup on Human Placental Cells and Aromatase. iv) Influence of Genetically Modified Soya on the Birth Weight and Survival of Rat Pups : Preliminary Study. v) Contaminated L-Tryptophan and 5-Hydrox Tryptophan, Eosinophilia Myalgia Syndrome – The 1989 Epidemic and the 1998 Warning. vi) L-tryptophan. vii) The lancet – Effect of Diet containing genetically modified potatoes expressing Galanthus nivalis Lectin on rat small intestine. viii) Identification of a Brazil-nut allergen in Transgenic Soybeans. ix) Report on MON 863 GM maize produced by Monsanto Company – controversial effects on health reported after subchronic toxicity test : a confidential rat 90 day feeding study. x) Flavr Savr tomato & GM tomato puree : Problems with the first GM foods. xi) Crii-Gen – Report on NK 603 GM maize produced by Monsanto company. xii) New Analysis of a Rat Feeding Study with a Genetically Modified Maize reveals signs of Hepatorenal Toxicity. xiii) Genetically modified foods ; potential human health effects. xiv) Transgenic pollen harms monarch larvae. | 
