Regulation of Genetically Modified Organisms in India: A Critical Legal Analysis in the Context of Global Best Practices

With the increased global adoption of genetically modified organisms (GMOs) in agriculture, concerns surrounding their regulation—particularly with respect to environmental, health, and socio-economic impacts—have gained renewed significance. Although India was among the early adopters of a regulatory framework, the legal regime lacks scientific rigor, transparency, public participation, liability mechanisms, and alignment with international biosafety standards such as the Cartagena Protocol. This paper critically examines India’s legal and regulatory framework for GMOs, focusing on the structural limitations of the 1989 Rules framed under the Environment (Protection) Act, 1986. Through a comparative study of legal frameworks from jurisdictions such as the EU, Australia, Germany, Norway, Switzerland, and New Zealand, the paper highlights how other jurisdictions have adopted more transparent, accountable, and precautionary models for GMO governance. These jurisdictions demonstrate the integration of scientific expertise, public consultation, enforceable liability, and risk assessment within their biosafety regimes. The analysis suggests that India’s current approach not only falls short of aligning with global biosafety norms but also risks undermining public trust and ecological sustainability. The paper argues for the enactment of a dedicated biosafety law that reflects India’s ecological diversity and socio-political realities, while incorporating enforceable mechanisms for risk assessment, liability, and public oversight. Such reform is imperative for ensuring that GMO governance in India is legally sound, socially responsive, and future-ready.