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NBA may act against Mahyco / Monsanto, company claims all permissions in place
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Friday, 12 August, 2011, 08 : 00 AM [IST]
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Our Bureau, Mumbai
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In an unprecedented, though much delayed, decision, the National Biodiversity Authority (NBA) of India has decided to initiate legal action against Mahyco / Monsanto and their collaborators for accessing and using local brinjal varieties in developing Bt Brinjal without prior approval of the competent authorities. The official resolution giving effect to this decision was taken in the NBA's meeting of June 20, 2011, the minutes of which were released only on August 11, 2011. The decision of the NBA reads as follows:
"A background note besides legal opinion on Bt Brinjal on the alleged violation by the M/s Mahyco/M/s Monsanto, and their collaborators for accessing and using the local brinjal varieties for development of Bt Brinjal with out prior approval of the competent authorities was discussed and it was decided that the NBA may proceed legally against M/s Mahyco/ M/s Monsanto, and all others concerned to take the issue to its logical conclusion."
The "alleged violation"referred to by the NBA is based on a complaint filed by Environment Support Group (ESG) before the Karnataka Biodiversity Board on February 15, 2011. Subsequently, the Board thoroughly and systematically investigated the matter and submitted in its May 28, 2011, letter to the NBA that "Six local varieties for development of Bt Brinjal"have been accessed in Karnataka by M/s Mahyco / Monsanto and their collaborators "without prior approval from State Biodiversity Board / National Biodiversity Authority."
Furnishing a variety of documents in support of its contention, the Board has sought "further action" by the Authority on the basis of ESG's complaint.
The NBA subsequently sought "legal opinion" and decided to "proceed legally" against all involved in this case of biopiracy and "take the issue to its logical conclusion."This should involve, as per law the Biological Diversity Act, initiation of criminal prosecution of key representatives of M/s Mahyco / Monsanto, University of Agricultural Sciences, Dharwar, Tamil Nadu Agricultural University, Coimbatore, Sathguru Management Consultants Pvt. Ltd (representing the consortium involving United States Agency for International Development and Cornell University, USA) and others for fundamentally violating Sec. 4 and related provisions of the Biological Diversity Act.
The ESG's complaint specifically charges these agencies for criminally accessing at least 10 varieties of brinjal in Karnataka and Tamil Nadu without in any manner seeking prior and informed consent from the National Biodiversity Authority, State Biodiversity Boards and applicable Local Biodiversity Management Committees as required. Such a rigorous process of appraisal is mandatory to protect loss of biodiversity due to misuse or overuse, theft of biodiversity and to secure biodiversity from contamination when transgencis are involved. In addition, the law mandates that when biodiversity is to be accessed in any manner for commercial, research and other uses, local communities who have protected local varieties and cultivars for generations must be consulted and if they consent benefits must accrue to them as per the internationally applicable Access and Benefit Sharing Protocol.
Clearly aware of these laws that were fully in operation when Monsanto and its collaborators initiated research in developing Bt Brinjal in 2005, they deliberately chose to sidestep conformance with this critical legislation. When tackled by the Board during the investigation, Mahyco in its letter dated June 25, 2010, to the Board has categorically stated that it is "not in violation of any of the provision of the Act" and claimed that the Bt Brinjal was developed by University of Agricultural Sciences, Dharwar. On its part, the university has claimed in its letter dated May 17, 2011, that it has secured all permissions from various government departments, but does not produce any evidence of clearance under the Biodiversity Act.
When contacted for their side of the issue, Dr Usha Barwale Zehr, joint director, research, Mahyco, claimed, "We have all the permissions required from the authorities."
Interestingly, on an earlier occasion, the company had stated, "The Genetic Engineering Action Committee (GEAC), which is going to meet a 19-member Expert Panel on April 27, 2011, may accept the proposal for introduction of Bt Brinjal in the country."
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