The seed multinational, Monsanto has suggested inclusion of the provision for maintaining data confidentiality in the draft National Biotechnology Regulatory Authority Bill-2008.
Monsanto India?s manager of regulatory affairs, Devraj Arya said : ?It is a good thing to have a single window clearance of genetically modified (GM) products, but the new law should ensure data confidentiality. This is absolutely necessary in the IPR regime and we cannot afford to stand the risk of making such sensitive data public.?
The department of biotechnology (DBT) has drafted a Bill, which would allow setting up of a autonomous National Biotechnology Regulatory Authority (NBRA) as a single window clearance for GM products.
Recently, Greenpeace India had asked Mahyco, which has developed Bt brinjal with technology sourced from Monsanto, to reveal some biosafety data. The Central Information Commission had ordered Mahyco to disclose the data. which was refused by Mahyco under the Right to Information Act and went with an appeal before the Delhi High Court.
The proposed Bill, if passed by the Parliament, would take away the provisions of regulation of GM products from some existing laws like the rules for manufacture, use, import, export and storage of hazardous micro-organisms, genetically engineered organisms or cells, 1989 issued under Environment (Protection) Act 1986, Food Safety and Standards Act, Drugs and Cosmetic Act, Drugs and Cosmetic (Amendment) Bill-2007, Seed Bill-2004, draft Plant Quarantine Bill, National Biological Diversity Act and Plant Varieties Protection and Farmers? Rights Act.
In a consultation session on the draft Bill convened on Friday, the member of Parliament, Sharad Joshi criticised setting up of the NBRA. He said : ?The government sets up an authority only to rehabilitate retired government officials as its chairman and members.?
Noted activist, Vandana Shiva of Navdanya criticised the move to place NBRA under the promoter agency, DBT and said the position of the existing regulator, GEAC under the environment ministry was better.
Though the draft Bill has proposed an inter-ministerial advisory body, its decisions are not binding for NBRA. The Union government can intervene only on policy matters. NBRA would also usurp the powers of the state governments by setting up its own state bodies.