HC bars sale, import of GM foods sans regulatory framework: Coalition welcomes move

By A Representative 

The Coalition for a GM-Free India has welcomed the Rajasthan High Court order that restrains the grant of permission for sale, manufacture, distribution, or import of any genetically modified (GM) foodstuffs or edible items in India until statutory regulations are framed under Section 22 of the Food Safety and Standards Act, 2006. The court further directed that no import of any foodstuff, edible item, or packaged food be permitted unless certified and labelled as GM-free by the exporting country.

The High Court Bench, in its order dated October 13, 2025, observed that its conclusions align with the Supreme Court of India’s July 2024 judgment on a series of public interest litigations concerning gene technologies in food systems. The court has directed the Food Safety and Standards Authority of India (FSSAI) and the Union Government to frame and notify regulations on GM foods within six months.

The Coalition pointed out a major inconsistency in the Supreme Court’s 2024 ruling, which mandated implementation of Section 23 of the Act, related to labelling, without first enforcing Section 22 that provides the regulatory framework for ensuring food safety. The Coalition stated that implementing labelling norms without corresponding safety regulations renders the food safety law ineffective. The High Court order now directs FSSAI and the Union of India to implement Section 22 “in its true letter and spirit,” and to develop standards and safety protocols for genetically modified or engineered food within a set timeframe.

Applauding the order, the Coalition called for expanding the current FSSAI advisory on GM foods—which is non-statutory and limited to a narrow set of food categories—to include all food imports into India.

The ruling comes amid increasing pressure from the United States to allow GM products into India, reportedly influencing domestic food safety regulations. The judgment ensures that self-certification will not be accepted, requiring that only an authorised agency in the exporting country certify GM-free status for food items sent to India. The U.S. government had previously objected to FSSAI’s proposed regulations aimed at curbing the entry of processed GM foods into the Indian market.

The Jaipur Bench of the Rajasthan High Court emphasised that no GM foodstuffs, whether domestically produced or imported—including edible oils—should reach Indian consumers without stringent legal checks, as previously warned by parliamentary committees.

Earlier, the FSSAI had denied the presence of GM ingredients in certain food products even after the Centre for Science and Environment (CSE) reported illegal GM foods in the market, despite labels from some companies themselves indicating GM content.

Kavitha Kuruganti, representing the Coalition for a GM-Free India, stated, “The Genetic Engineering Appraisal Committee (GEAC) and FSSAI have consistently failed to fulfil their statutory mandate to ensure biosafety and food safety. The Rajasthan High Court order serves as a necessary reminder for these bodies to act responsibly and accountably. This ruling protects Indian consumers from becoming victims of external pressure from the U.S. government.”