To eat or not to eat: Bt Brinjal

Kaushiki - February 11, 2010

The row over Bt Brinjal, a genetically modified version of the plant, provoked the government into imposing a moratorium on the commercial cultivation of the plant in India. The debate has revolved around issues of economic efficacy, human health, consumer choice and farmers’ rights. Jairam Ramesh, the Minister of State for Environment and Forests, made public his views on the subject, a gist of which is given below:

The Genetic Engineering Approvals Committee (GEAC) report recommended commercial cultivation of Bt Brinjal but qualified it by stating that since the issue has important policy implications at the national level, the government should take a final view on the matter.
Most of the state governments have expressed concern and have sought to ban the use of Bt Brinjal, or all GM crops.
Pesticides have harmful effect on human health and Bt technology is one way of reducing pesticide use. However, other routes such as non-pesticide pest management can be explored. For example, about 6 lakh farmers in Andhra Pradesh practice non-pesticide pest management over an area of about 20 lakh acres.
Safety is a concern since the kind of tests that have been done is not specific or stringent enough to detect toxins. Also, tests have only been carried out by the developers of the product, Maharashtra Hybrid Seeds Company Ltd. (Mahyco). (The results of the biosafety tests are available on the GEAC website).
There is no large-scale public funded biotechnology effort toward agriculture, which could compete with Mahyco. Monsanto is the main producer of Bt Brinjal, and Mahyco is owned to the extent of 26% by Monsanto.
While two government owned agricultural universities -- University of Agricultural Sciences, Dharwad and Tamil Nadu Agricultural University (TNAU), Coimbatore – have produced Bt Brinjal along with Mahyco, doubts have been raised about how Bt related research in these universities have been funded.
There are apprehensions that there will be diversity loss in the variety of Brinjal if Bt Brinjal is introduced, and this fear cannot be glossed over.
While Bt Cotton and Bt Brinjal are not comparable, the introduction of Bt Cotton in India has made India the second largest grower of cotton in the world. Over 90% of cotton farmers in India cultivate Bt Cotton. Many farmers support Bt Cotton on economic grounds but some did express doubts.
The Central Institute of Cotton Research, Nagpur has developed a Bt cotton variety (Bikaneri Nerma) whose seeds can be kept by farmers for planting during the next season. The Director of the Institute while expressing support for Bt Brinjal has mentioned that resistance development is a serious issue. Therefore, more tests that are well-designed, widely-accepted and independently conducted are necessary.
The GEAC process has been questioned by Dr P.M. Bhargava, the Supreme Court nominee on GEAC. He opposed the recommendation on the ground that all necessary tests had not been carried out before coming to a decision. The 2006 committee of the GEAC had asked for several tests to be conducted which were not taken into account by the second expert committee. All GEAC reports (including additional tests) of tests conducted with regard to Bt Brinjal are in the public domain.
There is some evidence that the GEAC not followed global regulatory norms of which India is a party. For example, the Cartagena Protocol on Biosafety, Rio Declaration on Environment and Development etc.
Some international scientists have raised doubts about Bt Brinjal and the way the tests were conducted.
Many Indian scientists have supported commercialization of Bt Brinjal such as Dr G. Padmanabhan of the Indian Institute of Science; Dr Deepak Pental, Vice Chancellor of Delhi University; and Dr Raj Bhatnagar of the International Centre for Genetic Engineering and Biotechnology, New Delhi. However, even they have mentioned the need for a statutory body with regulatory powers and R&D capabilities to govern all aspects of GM crops.
The Indian Council of Agricultural research and a number of farmer’s groups have come out in support of the move to introduce Bt Brinjal.

In order to understand the process followed by GEAC before giving the green signal to Bt Brinjal, we have made a timeline in which the plant was approved and the bodies involved in the process.

2000-2005	Scientific tests carried out by Mahyco on Bt Brinjal
2006	Mahyco submits bio-safety data to GEAC (regulatory body under the Ministry of Environment and Forests). Seeks permission for large scale trials.
	Supreme Court stops ongoing field trials of GM crops due to a PIL filed by civil society representatives.
2007	The expert committee 1 set up by GEAC, submits its report. Recommends seven more studies on bio-safety be repeated for reconfirmation of data generated during confined multi-location trials but approves large scale trials.
	Supreme Court lifts ban on GM crop field trials subject to conditions such as isolation distance etc.
	As per GEAC direction, Indian Institute of Vegetable Research (IIVR) takes up the responsibility of large scale trails of Mahyco's Bt Brinjal trials at 10 research institutions across the country in 2007 and 11 in 2008.
2009	Jan: IIVR submits the results of the large scale trails. Due to concerns raised by several stakeholders, GEAC constitutes another expert committee to look into adequacy of biosafety data generated as well as the concerns raised by all stakeholders.
	Oct 8: Expert-committee 2 submits its report. States benefits of Bt Brinjal far outweigh the perceived and projected risks.
	Oct 14: GEAC approves the environmental release of Bt Brinjal containing the event EE1 (with one dissent note from P.M. Bhargava).
	Oct 15: Jairam Ramesh announces a nationwide consultation in January and February of 2010 pending a final decision on this issue.
2010	Jan 13 to Feb 6: Public meetings were organized on the Bt Brinjal issue. The summary of the consultations is available on the Ministry’s website.
	Many states announce ban on commercial cultivation of Bt Brinjal including Uttarakhand, Himachal Pradesh and Karnataka.
	Feb 9: Jairam Ramesh decides to halt the commercialization of Bt Brinjal.

Legislation

Examining the Model Tenancy Act, 2021 and regulation of rental property in India

Shruti Gupta - June 10, 2021

The Union Cabinet approved the Model Tenancy Act, 2021 on June 2, 2021, for adoption by state and union territory governments. The Model Act has three primary objectives. First, it aims to regulate renting of residential and commercial premises by establishing conditions for tenancy, eviction, and management of the property. Second, in regulating tenancy, it proposes mechanisms to balance and protect the rights of landlords and tenants. Last, it proposes a three-tier adjudicatory mechanism consisting of Rent Authorities, Rent Courts, and Rent Tribunals for speedy adjudication of tenancy related disputes.

However, note that rental housing is regulated by states as land, land improvement, and control of rents falls under the State List of the Indian Constitution. This Model Act is only a proposed framework that states and union territories may alter when passing their own tenancy laws.

In this blog, we provide a background on the rental housing market and explain some issues with the 2021 Model Act.

Need for the Act

In India, 95% of households in rural areas live in self-owned housing, and rental housing is a predominantly urban phenomenon. Between 1951 and 2011, the urban population in India grew by six times and as of 2011, comprises 31% of the total population. This is projected to grow to 40% by 2036. However, the share of persons living in urban rental accommodation has decreased from 58% to 27% between 1961 and 2011. The 2015 draft National Urban Rental Housing Policy noted that urban areas face a significant housing shortage and stated that this cannot be addressed by home ownership. In 2012, a Technical Group studying urban housing shortage estimated the urban housing shortage to be at 1.9 crore units. The 2011 Census noted that between 6.5 crore to 10 crore people (17% to 24% of the urban population) live in unauthorised housing in urban areas. The Economic Survey (2017-18) noted that rental housing is a key way to address informality and shortage. It stated that rental housing enables mobility and affordability for low-income segments, who may not be able to purchase housing. It also observed that a significant portion of urban rental housing stock is vacant, attributing it to unclear property laws, poor contract enforcement, and rent control laws.

State governments regulate rental housing through various legislative tools including rent control laws. To prevent landlords from charging exorbitant rent and ensure affordable housing, these laws specify a ceiling on rent and put conditions on eviction of tenants. The 2015 draft Policy noted that rent control laws discourage private investment in rental properties. It observed that rent control laws also skew arrangements towards tenants and lead to more litigation. This has eroded the trust of landlords in the regulatory system. A significant share of the rental demand is addressed through alternate arrangements such as leave and license agreements and informal leases.

A model law to regulate tenancy was first proposed in 1992. The first draft Model Tenancy Act was released in 2015, which was adopted by Tamil Nadu. However, as of 2021, 20 states including Karnataka, Maharashtra, and West Bengal continue to have rent control laws. A few states including Madhya Pradesh, Jharkhand, and Chhattisgarh have repealed their rent control laws.

Besides its key objectives, the Model Act also seeks to ensure affordability, formalisation and increase private investment in the rental housing market. The framework proposed under the Model Act may address some of these concerns. However, experts have recommended supplementing this with other policy initiatives to meet these objectives. For instance, a 2012 Technical Group observed that about 96% of the urban housing shortage pertains to the Economically Weaker Sections (EWS) and Lower Income Group (LIG) categories. The 2015 draft Urban Rental Housing Policy noted that a repeal of rent control laws may increase private investment and availability of rental housing. However, it has recommended several other measures to ensure affordability of rental housing. These include: (i) provision of incentives such as tax exemptions and subsidies to tenants and home owners, (ii) encouraging public-private partnerships and residential rental management companies, and (iii) enhancing access to finance within the EWS and LIG sectors.

Concerns for right to privacy

The Model Act requires all landlord and tenants to intimate the Rent Authority about a rental agreement with a prescribed form. The form requires both the tenant and the landlord to submit their Aadhaar numbers and attach self-attested copies of the card with the form. This may violate a 2018 Supreme Court judgement, which states that requiring Aadhaar card or number can be made mandatory only for expenditure on a subsidy, benefit or service incurred from the Consolidated Fund of India. Registering a tenancy agreement does not entail these, therefore making Aadhaar number mandatory for registering a tenancy may violate the judgement.

The Model Act also states that tenants and landlords will be provided with a unique identification number after registering a rental agreement. Details of the agreement along with other documents will be uploaded on the Rent Authority’s website. It is unclear if personal details of the parties such as PAN and Aadhaar number, which must be submitted along with the agreement, will also be made available publicly. If these are shared on the website, this may violate the right to privacy of the involved parties. The Supreme Court has included the right to privacy as a fundamental right. This right may be infringed only if three conditions are met: (i) there is a law, (ii) the law achieves a public purpose, and (iii) the public purpose is proportionate to the violation of privacy. Sharing personal information of individuals may not serve a public purpose, and hence may violate the right to privacy of such individuals.

Dispute redressal

The preamble of the 2021 Model Act and the background note accompanying the 2020 draft Model Act state that it seeks to establish a speedy adjudication mechanism for disputes linked to tenancy agreements. The Model Act specifies the timelines for resolution of cases linked with eviction and payment of rent. However, timelines have not been specified for certain cases. For instance, no timeline has been specified within which the Rent Authority must resolve a dispute on withholding of essential services or revision of rent.

Specification of minute details

The Model Act seeks to balance the tenant-landlord relationship by specifying rights and duties of both parties. However, it also caps the maximum possible security deposit amount that a tenant must pay to the landlord. Further, a suggestive framework for the rental agreement also includes minute details on responsibility for repair and maintenance. If codified, these specifications may hinder flexibility in framing tenancy agreements.

For a PRS analysis of the Model Tenancy Act 2021, please see here.

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To eat or not to eat: Bt Brinjal

Examining the Model Tenancy Act, 2021 and regulation of rental property in India

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