New Delhi, Letter – The National Biodiversity Authority of India announced on August 11 it would take legal action against Monsanto for American seeds which have developed a genetically modified eggplant (Bt brinjal) from local variations and without permission.

It is the very first time in India that a company will be prosecuted for acts of “biopiracy”, an offense punishable by three years’ imprisonment.

Monsanto, its Indian partner Mahyco and several Indian universities became partners in 2005 to conduct research with the support of the American development agency USAID, which is favorable to genetically modified organisms (GMOs).

MORATORIUM EXTENDED IN 2011

Ten variations of eggplant existing in the regions of Karnataka and Tamil Nadu, among the 2500 in the whole country, were used to develop this first genetically modified eggplant due to be commercialized in India.

However, contrary to what the law that was adopted in 2002 requires on Biodiversity, no permit had been requested to use local varieties. Farmers should have been consulted so as to be able to negotiate a possible participation in the profits from the commercial exploitation of the eggplant. "Monsanto was fully aware of the law and deliberately ignored it," says Leo Saldanha, director of the environmental advocacy organization Environment Support Group, which turned to the National Biodiversity Authority. in this matter of biopiracy.¹

Contacted by Le Monde, Monsanto declined any comment. According to the weekly India Today, the company rejected any responsibility, while accusing its Indian partners of not having asked for the necessary authorizations. Mahyco, of which Monsanto owns 26%, said it had only provided the gene for the transformation. The accusation of biopiracy is a new blow to Monsanto and may hinder the development of its activities in India.

The moratorium decreed in February 2010 by the Indian Minister of the Environment on the marketing of genetically modified eggplant, was renewed this year. And it does not seem likely that the moratorium is about to be lifted any time soon. At the time, however, the Advisory Committee of genetic engineering had issued an opinion in favor of the commercialization of the [genetically modified] eggplant.

Opponents of GMO hope that Monsanto will not be allowed to conduct research on genetically modified onions, as the company requested in June.

India, home to 7.8% of plants and animal species on the planet with only 2.5% of its land area, is very exposed to the risk of biopiracy. The subject is particularly sensitive since, in 1997, farmers in the north violently protested against the patenting by the U.S. RiceTec seed company, of a variety of basmati rice called "kasmati".

VICTORY for the opponents of GMOs

In order to have all the necessary elements, the government began a mammoth inventory project on expertise in traditional medicine: 200,000 treatments - including yoga poses - have already been listed. Hundreds of scientists study the old treaties of Ayurvedic medicine in order to identify the tried and tested virtues of fruits and medicinal herbs.

This "digital library of traditional knowledge", which has 30 million pages and has been translated into five languages, has already made it possible to cancel several patents. One filed by a U.S. university on turmeric for its virtues in the fight against cancer has been canceled, following a complaint from the Indian government. And the patent application filed in 2007 with the European Union by the Chinese pharmaceutical company Livzon, for mint and Andrographis (Indian Echinacea or Green chirayta), used especially as a treatment against avian influenza, was rejected.

But none of these organizations were sued. "It would have taken six years for the National Biodiversity Authority to be able to prosecute," laments Leo Saldanha. After investigating a possible breach by Monsanto and its partners, the Environment Support Group was alerted in February 2010. "The National Authority will have to accelerate and increase the investigations to fight against cases of biopiracy," insists the director of the nongovernmental organization.

The lawsuit against Monsanto is a victory for opponents of GMOs. Only the cultivation of GM cotton [Bt cotton] ² is currently allowed in India. It propelled the country to become the second largest producer in the world, ahead of the United States. But these new seeds are expensive, and they are accused of ruining the most vulnerable farmers.

The eggplant which is very present in the daily diet throughout the country, is also used as a religious offering. In the temple of Udupi, South India, the followers of Lord Krishna were violently opposed to the commercialization of genetically modified eggplant. They feared this would attract the wrath of their deity by offering him "unclean" vegetables.

Notes:

[1] The National Biodiversity Authority of India announced Aug. 11 that it would take legal action against the U.S. seed company Monsanto for having developed a genetically modified eggplant from local varieties without having applied for authorization

[2] Bt cotton = cotton where Bacillus thuringiensis has been put into the natural cotton plant. Over the last decade, 200,000 farmers have committed suicide. The 1,500 figure is for the state of Chattisgarh. In Vidharbha, 4,000 are committing suicide annually. This is the region where 4 million acres of cotton have been grown with Monsanto's Bt cotton. The suicides are a direct result of a debt trap created by ever-increasing costs of seeds and chemicals and constantly falling prices of agricultural produce. (Corporate Agriculture Is to Blame for the Hundreds of Thousands of Farmer Suicides in India)

Source in French: Monsanto poursuivi pour "biopiraterie" par l'Inde (Le Monde)