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Title: Development of liability framework for genetically modified food: problems and perspectives under international law and Indian law

Authors: S.K. Bala Shanmugam; S.R. Subramanian; M. Padmavati

Addresses: Tamil Nadu National Law University, Trichy, Tamil Nadu 620027, India ' Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur, West Bengal, 721-302, India ' Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology Kharagpur, West Bengal, 721-302, India

Abstract: The introduction of GM foods in the world market has continued to raise public concerns touching upon, health, legal, social, ethical and environmental issues. Especially, the issue of contamination is considered as a significant threat at many stages of development of GM food. Moreover, contamination becomes an issue not only at the stage of import but also at the stage of internal distribution of products within the country. In this connection, the current study examines the extent of development of liability framework for GM food and derivatives both under the international law and under the Indian law. In particular, it analyses the existing setup of liability framework in respect of GM food in India. Finally, it suggests that the Indian legislature must take into account the liability framework under either by way of amendment in the existing FSS Act, 2006, or by bringing in a dedicated law to deal with the potential harm in relation to GM food and derivatives.

Keywords: liability and redress; contamination; India; FSS Act 2006; genetically modified food; precautionary principle; product liability.

DOI: 10.1504/IJPL.2020.10036921

International Journal of Private Law, 2020 Vol.9 No.4, pp.201 - 230

Received: 02 Jul 2018
Accepted: 11 Jun 2019

Published online: 06 Apr 2021 *

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