Business Standard: New Delhi: Thursday,
April 07, 2016.
The Central
Information Commission has directed the environment ministry to share a copy of
the bio-safety document related to genetically-modified mustard and the raw
data of studies with the caveat that provisions of the Cartagena Protocol on
Biosafety as well as confidentiality should be kept in mind.
The
transparency panel also directed that the entire bio- safety data pertaining to
all other genetically modified crops in the pipeline be put in the public
domain as that is part of voluntary disclosures under Section IV of the RTI
Act.
The ministry
had objected to the disclosure of the data, saying the information is exempted under
the RTI clause related to commercial confidence of the third party the Centre
for Genetic Manipulation of Crop Plants.
They also
claimed that the trial is premature and thus information cannot be given.
Information
Commissioner Sridhar Acharyulu said people should know how and why GM mustard
is being permitted or denied because they have to consume the item.
"All
documents relating to GEAC recommendation, sub- committee report, revised
dossier as recommended and to prepare RARM need to be furnished to the public
in general in public interest. Its denial to appellant is not legal,"
Acharyulu said.
He directed
that the environment ministry furnish the certified copy of the Technical
Expert Committee (TEC) report and the joint affidavit filed by it and the
agriculture ministry in response to the report.
The
commissioner said even if the ministry claims exception under Section 8(1)(d),
they have to justify the same by substantiating as to how it will breach the
commercial confidence of the third party. It added that if so, they can
separate the same and give the rest of the information to the appellant.
Terming it
information of "public interest", Acharyulu said the ministry should
understand that the information sought is supposed to be disclosed on their own
as per the mandate under Section 4 of the RTI Act.
"It is a
policy decision by the public authority which needs to be revealed to the
public in general as mandated by Section 4 because they are going to be
affected if GM mustard is marked," he said.
The
Information Commissioner said it is quite clear that genetically engineered
organisms or cells are recognised by the government as an item potentially
hazardous to public health.
It
automatically follows that full compliance with these rules is a matter of
public interest.
"The
decision-making process should be told along with information about whether
such process is adopted, minutes of the meetings, results of clinical trial,
and entire information about GM mustard etc. This is in public interest,"
Acharyulu said.
The order
came on an RTI plea by Kavitha Kuruganthi, who had sought a copy of the
bio-safety document of GM Mustard that is being experimented in fields for
trial in India along with raw data of studies conducted.
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