A recent news report stated that the Planning Commission has advocated putting in place a “proper regulatory mechanism” before permitting the use of genetic modification in Indian crops. A recent Standing Committee report on genetically modified (GM) crops found shortcomings in the regulatory framework for such crops. The current framework is regulated primarily by two bodies: the Genetic Engineering Appraisal Committee (GEAC) and the Review Committee on Genetic Manipulation (RCGM). Given the inadequacy of the regulatory framework, the Standing Committee recommended that all research and development activities on transgenic crops be carried out only in containment (in laboratories) and that ongoing field trials in all states be discontinued. The blog provides a brief background on GM crops, their regulation in India and the key recommendations of the Standing Committee. What is GM technology? GM crops are usually developed through the insertion or deletion of genes from plant cells. Bt technology is a type of genetic modification in crops. It was introduced in India with Bt cotton. The debate around GM crops has revolved around issues of economic efficacy, human health, consumer choice and farmers’ rights. Some advantages of Bt technology are that it increases crop yield, decreases the use of pesticides, and improves quality of crops. However, the technology has also been known to cause crop loss due to resistance developed by pests and destruction of local crop varieties, impacting biodiversity. Approval process for commercial release of GM crops
Committee’s recommendations for strengthening the regulatory process The Standing Committee report found several shortcomings in the regulatory framework, some of which are as follows:
Note that over the last few sessions of Parliament, the government has listed the Biotechnology Regulatory Authority Bill for introduction; however the Bill has not been introduced yet. The Bill sets up an independent authority for the regulation of GM crops. For a PRS summary of the report and access to the full report, see here and here.
On June 6, 2022, the Ministry of Electronics and Information Technology released the draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) for public feedback. The IT Rules were notified on February 25, 2021, under the Information Technology Act, 2000 (IT Act). The Ministry noted that there is a need to amend the Rules to keep up with the challenges and gaps emerging in an expanding digital ecosystem. In this blog post, we give a brief background to the IT Rules, 2021 and explain the key proposed changes to the Rules.
Background to the IT Rules, 2021
The IT Act exempts intermediaries from liability for user-generated content on their platform provided they meet certain due diligence requirements. Intermediaries are entities that store or transmit data on behalf of other persons and include telecom and internet service providers, online marketplaces, search engines, and social media sites. IT Rules specify the due diligence requirements for the intermediaries. These include: (i) informing users about rules and regulations, privacy policy, and terms and conditions for usage of its services, including types of content which are prohibited, (ii) expeditiously taking down content upon an order from the government or courts, (iii) providing a grievance redressal mechanism to resolve complaints from users about violation of Rules, and (iv) enabling identification of the first originator of the information on its platform under certain conditions. It also specifies a framework for content regulation of online publishers of news and current affairs and curated audio-visual content. For an analysis of the IT Rules 2021 please see here.
Key changes proposed to the IT Rules 2021
Key changes proposed by the draft amendments are as follows:
Comments on the draft amendments are invited until July 6, 2022.
