Biotechnology Law and Related Issues


1999 Genetics, Law and Society Conference, Saint Paul, Minnesota

Biopiracy, Environment and Culture
by Jayapaul Azariah
Director, School of Life Sciences, University of Madras. Professor and Head, Department of Zoology, University of Madras, Guindy Campus, Chennai 600 025. President, All India Bioethics Association, 3, 8th Lane, 5th Cross Street, Indiranagar, Chennai 600 020, India.

Introduction

Human beings are about to enter millennium - III. Drastic and dramatic progress in knowledge has been made during millennium II leading to technological revolution. Consequently environmental damage has been maximum during this century. Health of the environment and human beings are interrelated. These are basic human right-issues. With the onset of The Third Millennium, survival of human beings will be a common global problem. Human survival, preservation of environmental quality and conservation of natural resources for the seventh generation (Williams and Reis, 1997) will be the core bioethical responsibility of the joint global community. " The concept of the Seventh Generation springs from Native American cultures. The term refers to our unborn, distant descendants; our great, great grand children. No one lives to meet the members of the Seventh Generation, for the counting of seven generations always begins from the present. However, these nameless, faceless people are members of our families and comprise the future of the human race. Planning for the Seventh Generation means planning for the future of mankind. When we consider the Seventh Generation we weigh the consequences of our actions on, not merely ourselves or our children, or on their children but on our descendants who may not be born until hundreds of years after we pass away." Therefore, Planning for seventh generation includes judicial housekeeping of the diversity in ecosystems which ensures stability and optimization of working systems which assures sustainability i.e. the ability of a system to produce (vide infra). Any operating level other than optimum may cause violence to the system. Maximization in the long run is not healthy and in the context of ecosystem it is ecoviolence. For one common problem there can be many solutions. Optimization and maximization are two options for solving the common problem, which is the elimination of the risk of human extinction from the face of the biosphere. A risk is an impending threat that can be averted if wisdom is applied to human action. This risk has many faces. In this context, Which course of action one is the preferable one? is the question. Which solution or what strategy one we should adopt for the survival of the human beings as we enter the Third Millennium. millennium - III

The premise: Trinitarian approach, concern and challenges

There are three basic human needs. They are (i) air (ii) water and (iii) food. These three are also called the vital resources. We need (I) food, (ii) fuel and (iii) fodder. The three important food crops are (i) rice, (ii) wheat and (iii) corn. In meeting these needs, human beings need to address the following three problem areas: (i) conservation of natural resources, (ii) preservation of peace and (iii) eradication of poverty. Early civilizations have approached the problem from the following three view points: (i) theocentric, (ii) biocentric and (iii) anthropocentric approaches; former two approaches -theocentric, biocentric- are essentially Eastern and Indian while anthropocentric approach is technology oriented and Western in approach. In a theocentric approach divinity is ascribed to non-human species and human beings reverence Nature as Mother Goddess. The Rivers, The Earth and The Seas are considered as great gods and Spirits of the Forests, the Trees and the Plants, Agriculture, Pasture and the Mountains are considered as minor gods of nature. In a biocentric approach all life forms assume equal importance. In India, rivers are named after female gods and life is considered sacred. The technology oriented West took refuge in the Western theological interpretation of Gen. 1:26 granting human beings the unlimited license to exploit nature (White, 1967). Such an interpretation from a philosopher differs from the message of Genesis chapters 1 to 3 in that the Biblical view of human management of natural resources starts from chapter four. However, it must be pointed out that many theologians consider Genesis chapters 1 to 11 as myth and, therefore, Western scholars both theological and scientific have not taken these chapters very seriously. Biblical principles that govern God given resources in Genesis chapters 1-3 are different from those governing chapter four onwards. In fact, in the early three chapters of Genesis account of creation it is difficult to distinguish between natural and spiritual. It is interesting to note that both in German and Tamil languages there is no original word to denote natural resources. The phrase has to be Germanized and a near equivalent Tamil word has been coined. The type of management that is currently practiced is found in the argument between Abraham and Lot over the issue of finding pasture (natural resource) for each of their cattle. "Now the land was not able to support them that they might dwell together, for their possessions were so great that they could not dwell together. And there was strife between the herdsmen of Abraham's livestock and the herdsmen of Lot's livestock "(Gen.13:6-7). The way they resolved their conflict was to part in different directions and ways so as to reduce the grazing pressure on fodder grass. This strategy will not work today, because there is no access to land area since all land area has been taken. Currently the limits of the land are real and acute. . And hence, However, it has been pointed out that is a wrong approach as there are other possible interpretations of the verse Genesis 1:26, in question (Azariah, 1996).

Aristotle (Politics 1256 b) wrote " Plants exist to give food to animals, and animals to give food to men - domestic animals for their use and food, wild ones, in most cases, if not all, furnish food and other conveniences, such as clothing and various tools. Since nature makes nothing purposeless or in vain, all animals must have been made by nature for the sake of men" (Rolston, 1988).Aristotelian approach of unilateral anthropocentrism is not a wise move. In a human centered approach only human beings are at the center and in the next circle we place plants, animals and microorganisms (bacteria and fungi). It should be remembered that bacteria will continue to live in this biosphere even if the species Homo sapiens is extinct. On the other hand if microorganisms like bacteria and fungi are to be extinct then there will be no means to decompose the organic food to release the raw metabolites back for the manufacture of organic food. Eventually all life will perish in the abundance of food and defecated food material. Even if we take deathlessness as the central criteria for the central circle then it is Protozoans, like Amoebae will take the center stage as it can't die when it is left to itself. It will grow fully, only to divide into two daughter cells. This process will go on and on. But Amoebae can be killed but it has no natural death. All organisms live in tune with nature except human beings. Ecologically speaking, human beings are intemperate species (Odum 1971). If natural selection is in operation then human beings will be the first species to be eliminated by natural selection.

Vedic approach

The cultural, social, religious, ethical and legal heritage of India dates back to the First Millennium before Christ which is commonly known as the Vedic Period. During this Vedic Period (approximately ranging from 4000 to 1000 B.C four major Vedas (Scriptures) namely Rig, Yajur, Sama and Atharva were the sociological guiding lights for the prevalence of human/humanitarian values and human relationship between human and human and human and environment. The period is characterized by ritualistic sacred laws, recognition of The Rivers, The Earth and The Sea as Great Gods and other minor gods of nature and ascribing divinity to animals. The cosmology (study of cosmic elements) and cosmogony (application of cosmic wisdom to real life situation on earth) resulted in a close link between human behavior and human dietary food system (Keith, 1998). An example of their approach is listed below:

Table: Cosmic Names of Nine Indian grains

No. Names of Seed
Indian Names
Cosmic Connotation Common
European Names
1 Yava Barley Aditya (Sun) - Nil
2 Shamaka (Little Millet) Moon Responsible for stimulation circulation & balancing Nil
3 Togari * Mangala (Mars) Controls nervous system Pigeon Peas
4 Madga (Mung) Budha (Mercury) Stimulates intelligence Nil
5 Kadale Brihaspati (Jupiter) - Chick pea
6 Tandula (rice) Shukra Venus - Nil
7 Til (Sesame) * Shani (Saturn) Characterized by oil Nil
8 Maasha (Black gram) Rahu - Black gram
9 Kulittha Ketu - Horse gram
* Grown as early as 1800s in India.
The Indian farmers identified the name of the nine grains with the names of cosmic bodies. A nine-grain combination contributed to a the wholesome health of the community. The culture is cosmic since the outlook was cosmic in nature. On the other hand, the names given by the European community named the food grains like Pigeon Peas, Horse Gram, Chick Peas and Black Gram. These names are discriminatory in that the very naming of these grains, denotes that these food grains are intended for animal consumption only. Since these grains are designated for the consumption of animals and hence human beings are likely to develop a tendency not to eat an animal's food. it develops there is an inner aversion on the part of human beings. for human consumption.

The cosmic dilemma

The Vedic Indians with their theocentric and biocentric approaches, faced their own dilemma with regard to causing harm to food plants. In this culture ,harvest of food grains is ritualistic. " The special group of Vedic mantras dealing with the plants are known as oshadi or vanpati suktra or hymn pertaining to plants. These are chanted by the Vedic Seers (Priests / Rishies) for the health and well being of plants. The enlightened seers looked towards the plants with great love, awe and respect. The plants are regarded as having divine, curative and healing powers. They were treated as intelligent living beings. The seers seek humble permission of a plant before harvesting or cutting even a leaf from it for employment in herbal combinations... 

...According to the Vedic method of farming all agricultural operations, like sowing, tilling and ploughing etc are ordained to be either commenced or accompanied by Jajnya or Chanting of Mantras. The harvesting of field is accompanied by Yajna in which the first farm produce is offered into fire... 

...The Rishies express their feelings of ahimsa (Non Violence) towards plants and pray "Oh ye plants, shoot forth in hundred fold leaves as I cut your leaf for curing human diseases. If you prosper, we men will grow in thousand fold". (Rajimwale, 1994).

The outlook of Vedic Indians was essentially cosmic and spiritual. They reverenced Mother Nature and hence But they faced the dilemma of values with respect to the harvest of human-welfare-related plant species. If they adhere to Vedic approach of theocentrism and biocentrism they will not be able to cause harm to the plants when they harvest them, either for food or for medicine. biotic world and human welfare Even though their. Vedic approach was is definitely both theocentric and biocentric. there is also an hidden agenda of anthropocentrism. Such a dilemma is indicated in that the degree of blessings varied between plants and human beings. them; the Seers (priests) sought seek only a hundred fold blessings for the plants whereas the Vedic priests sought seek a thousand fold blessing for human beings. This is the way the Vedic Indians achieved natural harmony in their culture. Therefore, it is impossible to side line human concern in biosphere development. The approach for human survival must be three-fold Trinitarian in nature.

Three vital ecological processes

In the ecosystem there are three vital processes: (i) Primary production - organic production of food. (ii) Food chain - in which the links are seldom more than four and (iii) Decomposition (the microbial process of breaking defecated food into raw materials). The process of decomposition while converting the organic material back to raw materials provides food for many organisms i.e.—having their cake while eating it. These three processes are vital to human life and hence are to be considered as common global heritage. However, ecosystem is a system whose working mechanism is unknown to human being. If we ask the question Who created/made this ecosystem? Then there are three possible answers.

God created it 
Natural selection evolved it 
I have not made it. (This is a very sure answer).

Similarly, there are three possible ways to rehabilitate a degraded and chaotic ecosystem

Approach its maker (God or Natural Selection) 

(a) Refer the Instruction Manual left behind by God. (Not available)The Bible can't be taken as a manual for ecological tinkering since it answers only why? God created the biosphere and not how? he created. (b) Recall the process of natural selection or decode the genomic manual of Natural Selection for its working (At the present stage of human knowledge, it is humanly impossible to re-enact the process). "Thirty to 70 per cent of mammalian genes exist in multiple copies, some repeated hundreds of thousands of times. What are they for (if anything)? What role do they play in the regulation of development? Molecular biologists are groping to understand this higher control upon primary products of the triplet code" (Gould, 1993). Therefore, it is impossible to retrace the evolutionary path, if any, to the very hypothetical evolutionary beginnings. 

Call a ecomechanic to repair the system (so far there is not one such qualified person) 

Do it by yourself. For example we may take a man made system such as the Boeing 777 which has three million parts per plane. (Rolston, 1999) Any unskilled person who dismantles these parts and tries to assembles the plane will not be able to make a plane that can fly. So is the case with an ecosystem whose total number of components we do not know as well as their various delicate and intricate ecological connections. Unfortunately, the ONLY way by which we can have a sort of understanding on the nature of working of the various interconnections between the components is to break a part of a given ecological system and then see which ecological function(s) failed to express. When biotechnology and genetic engineering techniques are used to outweigh the ecologically poor system then it is possible to expect three areas of risks (i) risks to the environment (ii) risk to human health and individual farmers and (iii) threats to the viability and sustainability of the food system (BMA, 1999).

Remark: When we deal with a system that we have not created and do not know the working mechanism, it is preferable to go slow with respect to tinkering with the ecosystem.

Tampering with the unknown

There are many questions which science cannot provide an answer. These questions are, "What is life? Death? Animal? Human? And Dust? (Azariah, 1995 b). Biologist view life as an unknown and unanswerable entity. Cowden (1990) records "Life on earth is a fact, yet we do not know where and how it began...." The question "what is life?" is one that many biologists have considered almost unanswerable..." (Hickman et al., 1984). Mayr (1982) very emphatically remarks "attempts have been made again and again to define life'. These endeavors are rather futile since it is now quite clear that there is no special substance, object or force that can be identified with life. The process of living, however, can be defined. There is no doubt that living organisms possess certain attributes that are not or nor in the same manner found in inanimate objects" Interestingly, the biophysicists claim "our essential failure is not so much in being unable to answer as in not seeing that there is anything to answer." (Bernal, 1967). Life is a biologically and/or philosophically an undefined biospiritual / mystical entity. Biogenetic experiments indicate that all cells are potentially immortal - eternality. Our tampering of the unknown may have a long lasting impact,

What we do not know

First, we don't know what is life. Second, we are dealing with an ecosystem which we have not created and for which there is no working manual left by its maker. Neither do we know about the number of component organisms in the ecosystem is only machine language. The programme resides at a higher level of control and regulation - and we know virtually nothing about it." (Gould, 1993). Third, we do not know the future effects of (genetically-modified organisms, (GMOs)) when released into the environment. According to Dr. Gary Kaplan, Director of the North Shore University Hospital in New York "inserting genes from other species into plants for human or animal consumption is dangerously unpredictable" (Wolfson, 1999) Dr. Strohman, "We are totally in the dark about knowing how to assess genetically engineered food. You don't even know what questions to ask because of the time it takes for some of these impacts of genetic modifications to show up." (Wolfson, 1999). Fourth, we do not know how many organisms go into the making of an ecosystem. Therefore, in areas where we do not know anything or a system that is not our own making or have less information than what is needed, it is best to go by the "middle path". Middle path (way) is an ecological concept which is not a static point located in the middle of the two extremes, but it is a kind of condition which swings between the upper and lower limits (Morioka, 1996).

A very poor system

In an ecosystem , solar radiant energy is converted into organic food. It is known that only half of the total radiant energy available in the visible portion of the electromagnetic spectrum is absorbed and only about 5 per cent are converted into organic food (gross photosynthesis). For heterotrophic (Hetero = other, trophic = nourishment, i.e. other than photosynthesis) consumption only 20 to 50 per cent of the gross production is available which is usually 0.1 per cent of the total solar radiation energy (Odum, 1971). Further, the harvest weight is highly variable from one crop to another. The ecological efficiency (transfer of energy from one trophic(nourishment) level to another) is usually less than 10 per cent. Since the system is very poor in its efficiency there is room for improvement but at a cost on the environment. High productivity can be achieved through large energy input; namely, irrigation, fertilizers, genetic selection and pest control with the use of pesticides. The end result is cultural eutrophication (Eu = more/wide, trophic =nourishment, i.e. more nutrients are introduced due to human action (cultural) that leads to environmental degradation.

Ecobalance

The concept of Ecobalance is well known but it is difficult to explain. Ecobalance is a condition and not a point (Azariah, 1994). It can be visualized by analyzing the working of a pendulum. A pendulum is said to be in dynamic equilibrium. The oscillation of such a physical system is plotted on a midpoint, the resulting simple harmonic oscillations over a mid level, may be taken to represent the working of an ecosystem where the amplitude, time period and initial phase of the oscillator are limited by the biological and physicochemical factors. The upper limit is the biological limit and the lower limit is the physic-chemical limit such as the Liebig's Law of the minimum. According to this ecological law the yield of crops is largely limited by raw materials that are needed in minute quantities. i.e. the minimum controls the maximum. The phase difference between two simple harmonic motions represents the intensity of competition between two populations like prey and predator.

Ecological values and development

The word "development" can be understood to mean human attempts to make things, including ecosystem, better because NO ecosystem is present in a ready state for immediate human use. It has to be modified, upgraded and human idea and effort have to be contributed. Such an awareness will be an engine to take up an action. Because we perform an action we will perform another. Such a process is commonly called a "slippery slope" argument. Accordingly "since we have done something we will not be able to refrain from doing something else. The expression envisages a muddy slope where footing once lost cannot be regained and suggests that controls which are adequate for initial exploration may fail under increased pressure" (Macer, 1990). On this muddy slope it will not always be possible to draw a line between development and disaster. The same is true between ecological actions and developmental endeavors since both these disciplines are derived from the same Greek root word OIKOS. Ecological rules are relevant to economic activity. There can be no ecology without economics (Azariah, 1994). In this context, the ill defined line is Ecobalance beyond which an application in question will do harm.

Maximum or optimum?

Is there a maximum in ecosystem (Ecobalance)? The question is one of degree. When a growing population faces environmental resistance then it slows down until a near equilibrium level is reached and maintained. As there is a limit on the number of individuals (N) there can be no major increase in number beyond the upper level. However, human beings are not density dependent. The upper limit may be considered as a saturation point. However, the upper limit in the oscillations can be pushed up if there is any external stress. A stress in an ecosystem only enlarges the adaptive capacities of the system. What was once the maximum will yield itself to a new maximum. During the 19th Century there was industrial revolution and the population was within the carrying capacity (upper asymptote or the K factor). Although the concept of carrying capacity is well known nothing is more difficult than to determine the carrying capacity of the biosphere This revolution gave way to Green revolution which was followed by white revolution (dairy and poultry), blue revolution (increased output in capture and culture of fisheries. In each era, the population found itself within the carrying capacity since the maximum was pushed further and further. Currently, the biotechnological revolution is sweeping the globe. Will this trend, of pushing the carrying capacity level upward, end? Can we push the maximum beyond the saturation point? In a real world situation we have no means to estimate or to calculate or demonstrate such a saturation point in an ecosystem. It is a theoretical concept. In ecological terms is there a saturation point? These are eco-philosophical questions.

The global population will reach the 6 billion very soon and India is expected to reach 1.5 billion by the year 2050. With the growing population " we definitely need food, pharmaceutical products like medicine and energy to save us from want and disease.

Development in the areas of aquaculture, poultry and agriculture have given us death signals in ecosystems. To achieve animal protein, aquaculture and poultry have been developed in a factory-production-scale without any regard for the very system that is involved. For example, a wild country fowl may lay an egg per day for about 20-25 days. In nature the hen will take nearly about 6-9 months to reach its next egg laying period if it is to incubate the eggs to hatching and then to adulthood. In this period a hen may generate about 2.5 g of calcium per egg per day for the production of the egg shell. Hence it may manufacture about 50 g of calcium during an egg laying period. On the other hand a "factory (broiler) chick" may lay a minimum of 300 eggs or an egg a day through the year. In which case it has to work on a war-footing schedule to create a total amount of about 0.75 kg of calcium. Among the ethical implications is the question: Is it right to push the system beyond its limits? The ecological law is "Optimum is always less than the maximum".

Similarly we need rice, fish and prawn and drugs and pharmaceutical products. The use of pesticides, fertilizers, antibiotics and steroid hormones (aquaculture) has ethical implications (Azariah, 1997). If the early onset of puberty in girls to an age of 11 is linked with the use of chemical feeds in poultry, then it has many ethical questions (such as what?) such as the lengthening the reproductive period of a child, child marriage and becoming a mother at an "immature" age. The reproductive awareness of a girl child is advanced during a formative stage.

Sustainable Development or Sustainability?

Creation is different from creativity. Production is not the same as productivity. Similarly, sustainability is quite a different issue than sustainable development. Sustainability refers to the high state of internal order of a system that powers the process to produce the product. Sustainable development stops with the product but sustainability touches the grass root of the very system of sustainable development. Production, at enhanced rates, is possible only if the higher internal order inherent in an organism, or the ecosystem or the biosphere is maintained. The internal mechanism is the one that which has the ability to produce i.e. productivity of a system. On the other hand, production is the yield of the process of productivity. Production stops with the product that is produced which we call "the commodity" which is the basis of economic development. In the paradigm of sustainable development we often lay emphasis on the commodity and the quantum of yield for a length of time. But we ignore ways to maintain the product. The yield stops with the harvest but the process continues to yield yet another yield forever and ever! Unfortunately, in the context of the current civilized industrial era, the power, the process and the product are mismatched. Iyer (1999) the former Judge, Supreme Court of India aptly summarized such a mismatch: "violence and vulgarity, which became by-products of the industrial revolution, obliterated the happy fusion of science and human well-being. The arrogance and the money-manic vice of the savage in man repressed the rule of nature to achieve the rule over nature. In the words of Martin Luther King Jr. 'the means by which we live have out-distanced the ends for which we live. Our scientific power has outrun our spiritual power. We have guided missiles and misguided men" Further, "Speaking of the field of new technologies, Freeman Dyson, an important interlocutor in critical thinking about science and technology , tell us that ' the fundamental problem for human society in the next century is the mismatch between the three new waves of technology (information, biotechnology, & neurotechnology) and the three basic needs of poor people" (Dyson, 1997). Therefore, it is essential to maintain the biological structure in sustainable development if we want to enhance the sustainability of a given productive system, be it natural ecosystem or human beings (Azariah, 1999a).

Environmental Philosophers recognize the internal nature of a system. Ecosystem just like "An organism is thus a spontaneous cybernetic system, self-maintaining, sustaining and reproducing itself on the basis of information about how to make a way through the world. There is an internal representation symbolically mediated in the coded 'program' held forth, motion toward the execution of this goal, and checking against performance in the world, using some sentient, perceptive or other responsive capacities by which to compare match and mismatch. Cybernetic controlling program can reckon with vicissitudes, opportunities and adversities that the world presents (Rolston, 1994). But how long a system can reckon human induced adversities?

Traditional wisdom: Agrofarming system in traditional India

Agrofarming system in traditional India followed a system of "Baranaja" i.e. twelve grain) system of farming. The twelve crops are:

    Phapra: Fagopyrum tataricum 
    Mandua: Eleusine coracana 
    Marsha: Amaranthus frumentaceous
    Bhat: Glycine soja 
    Lobia: Vigna catiang 
    Moong: Phaseolus mungo 
    Gahath: Dolichos biflorus
    Rajma: Phaseolus vulgaris
    Jakhia: Cleome viscosa 
    Navrangi: Vigna umbellata
    Jowar: Sorghum vulgare
    Urad: Phaseolus sp

It is stated that the "sowing of twelve crops is guarantee against hunger and insurance against crop failure. The chaff (dhusi) produced by the field is used as fuel for cooking, and its ashes as a dye for washing clothes. The chaff of the field is used as fodder for the cattle which provide milk and mechanical energy" (Shiva et al., 1995).

Population pressure and food security

The population of the globe during late 1700s was about 980 million. Such a global population is now squeezed in the total land area of India. The population pressure for food production is therefore, is higher than the one present during 1700s. Should we maximize food production or minimize pressure? The former will involve increased use of fertilizers 16.4 million tones of NPK (Nutrients) (1997-98) as against 14.3 during 1996-97 and 13.8 During 1995-96 and increased amount of pesticides to counter the build up of pests during incessant rains (Venkataramani, 1999). Indian population will cross one billion in the near future and reach 1.5 billion by 2050 A.D. Food scarcity may be due to many reasons such as social and political factors like wars, political instability and turbulence and uneven structure of international trade rather then lack of food (Wolfson, 1997).

The prediction of Malthus about population pressure and food security has been averted through biotechnology. However, there is a divided opinion on food scarcity due to population pressure as well as on the side effects of "the so called Green Revolution in agriculture in the 1960s and seventies" (Toker, 1998). The First Green Revolution has "...made farmers throughout the world increasingly dependent on costly chemical inputs... spurred widespread displacement of people...undermined the soil, groundwater... led to another cycle of impoverishment and hunger.. The second Green Revolution" promised by Monsanto and other biotechnology companies threatens even greater disruptions in traditional land tenure and social relations." (Toker, 1998). While stressing the need for sustainable development Prof. U.R. Rao said that Green Revolution "went on producing without thinking about the future. The off shoot of the programme like water logging, indiscriminate use of fertilizers and lack of drainage, rendered millions of hectares of land unproductive. In India, more than 100 million hectares of land became saline. We still glorify the Green Revolution" (The Hindu, 1998). It is to be understood that " we are not necessarily rejecting technology per se, but seeking to replace a life-denying technology of manipulation, control and profit with a genuinely ecological technology, designed to respect the patterns of nature, improve personal and community health, sustain land based communities and operate at a genuinely human face (Toker 1998). Gene pollution and genetic pollution, in general, will do greater harm than physical and chemical pollution. For instance transgenic pollen can result in irreversible damage to biosystems as in the case of monarch butterfly, Danaus plexippus reared on milkweed leaves dusted with pollen from Bt. corn. These larvae ate less and grew more slowly and suffered higher mortality (Losely, et al, 1999). We are yet to formulate any specific ground rules for the prevention of genetic pollution due to Second Green Revolution.

On the other hand, multinational companies like Monsanto warn of the, " 'growing pressures on the Earth's natural resources to feed more people'...low technology agriculture 'will not produce sufficient crop yield increases and improvements to feed the world' burgeoning population'." Kimbrell (1998) counters this warning: "biotechnology transnationals which are themselves a major culprit in increasing world hunger... the myth is not about hunger but rather its primary cause... In Asia hunger and food per capita both increased by 9%...; population growth has not been, at least so far, the primary cause of the increase in hunger since 1970... increasing agricultural output has little effect on the hungry because it fails to address the key issues of access to land and purchasing power which are the root of hunger'." "Yet despite covering million of acres, the study generally does not find yields improved, while pesticide use was barely changed. "I would not have a lot of trouble attributing any sort of yield bump to biotechnology" said Bill Mcbride, an economist at the US DA who contributed to the study. There is a lot of variation, depending on all sorts of factors including the weather" (Arthur, 1999).

More recently, Datta (1999) has predicted a center stage importance to transgenic crops in India. But there is adverse public opinion in media. Daily Mail reports (8th July 1999) "Famine solution claims by (genetically-modified, "GM") firms exposed": ...there is precious little evidence to support that GM crops are essential because mean greater quantities of food and dramatic reduction in pesticides" "...carefully controlled trails of GM crops are showing conclusively that GM crops are not just no better, in agronomic terms but actually significantly worse.." "the data absolutely clear and compelling—the RR (Roundups Ready) yield drag is real and for some farmers a surprisingly serious "hidden tax on the overall profitability of their operations. According to a GM critic Mark Griffiths "Where there are controlled trials, particularly in relation to soya, oilseed rape and sugar beet, they show that GM crops produce a consistently poorer yield compared to unmodified varieties" (Eran, 1999 Personal communication).

Corn, being the third important food crop, has been subjected to gene alterations. The loss in production, due to the attack of the European corn borer, is about40 million tons of corn per year amounting to about 1.2 billion dollars. The hybrid corn commonly known as Bt-corn, has a in-built toxin producing bacterial gene (Bacillus thuringiensis) against the corn borer. Currently, there are about 18 Bt-engineered crops. The hybrid pollen contains the Bt toxin and is dispersed over at least 60 meters by wind (Losey et al, 1999) as a result non-target organisms are killed. They also found that larvae of the monarch butterfly, Danaus plexippus, when reared on milkweed leaves dusted with pollen from Bt-corn ate less, grew more slowly and suffered higher mortality. Similarly, Dr. Pusztai observed that when gene modified potatoes were fed to rats, there were statistically significant changes in the weight and immune response of the rats. Bees visiting onion flowers can travel a distance of 4.000 m. It is reported that GM pollen or seed cannot be entirely eliminated from contamination (Tokar, 1998; Waugh and McCarthy, 1999). There is also concerns about health safety in terms of potential problems in allergenicity. Although there is no fundamental difference in the nucleotide sequence through the living organisms, it is not known whether there could be "gene allergy" in the host organisms, for instance when a fish gene is added to tomatoes to extend their shelf life. What effect will there be when a human eats the gene altered organism with gene-allergy? Will he be sick genetically? When public perception of risk, in releasing re-tooled seeds in high-tech crops far outweighs the benefits then it is time to reconsider our effort to augment food security through bio-engineered crops.

There are opposing opinions on the use of GM crops to enhance agricultural crop production. Hence, when there is no consensus on this vital issue it is preferable to use human common sense. Globally there should be common minimum sense towards genuinely ecological technology. And locally there should be minimum common sense. Divided we now stand and in the near future united we will fall.

Public opinion through public media

The public opinion in UK is not favorable to the use of GM crops. Paul Waugh, the political correspondent of Independent (London, June 16th 1999), has reported on the topic of "Official data reveals GM crop risks" Some of the comments are mentioned below:

Genetically modified crops today when its own (Government) research concludes that there is a "real risk" of contamination of other plants. There is evidence of "transgenic pollution" from GM crops to neighboring fields. The guidelines should include the safe planting distance from GM crops. Any farm-scale trials of GM Crops to reset the guide line in the light of recent research findings issued by the Supply Chain Initiative on Modified Agricultural Crops (Scimac). Soil Association seeks new guidelines on planting distance between GM crop farm scale planting and organic farming so as to stop genetic pollution. Drastic measures need to be taken because the rape-seed-pollen is carried by bees and bees can travel more than three miles. Wind can transport it by much further. It has been reported that one per cent of organic plants in any field could become GM hybrids because of pollen spread. The demand for creating a "buffer zone" of six miles around every GM trial is considered as impractical. In conclusion, according to a senior government adviser "if this research shows that there is a risk, then ministers will have to respond positively to it". (Email Stu@ihug.co.nz, 1999). "Nothing in life is free of risk. When something is judged to be 'safe' it merely falls within acceptable limits of risk. The best strategy for dealing with environmental risks, where we are confronted by profound uncertainties, is to act cautiously, and to embark on a systematic programme of research to improve our understanding; an approach known as the precautionary principle. This principle should be applied for the foreseeable future to GM crop release and the introduction of GM products into the food chain, until the health and environmental impact of GMOs are fully assessed and in the public domain" (BMA, 1999).

Environmental cost of green and gene revolutions

Sowing of transgenic crops will; (i) replace the practice of polyculture production of crops with monoculture and drive the system to genetic uniformity;. (ii) favors commercial interests;. (iii) assists the company that produces the GM seed in making the farmers either withdraw or keep using the GM variety of seeds; (iv) restrict access to crop by the farmer;(v) product royalties on farm seed; (vi) penalize by criminal charges farmers who save seed or trade the patented produce; and (vii) create a dependency on the company for seed . (Shiva et al.,1997). There is a fear that the use of herbicide may increase, killing other useful species besides the creation of super-weeds by cross breeding between the transgenic herbicide resistant crops and its wild relatives, as has been observed in the case of herbicide-resistant transgenic oilseed rape. (BMA, 1999). Suurkula (1999) in a personal communication (email: psrast@swipnet.se) has raised a very pertinent point on the possibility that genetically engineered crops of any kind may cause potentially serious and irreversible damage to soil fertility.

Inequity and disparity are the basic denominator in Nature and exploitation, instead of utilization, is the core nature of human beings Homo sapiens. The biosphere, the sphere that which can support and sustain life, is a watery planet in which the Northern Hemisphere has more land and the Southern Hemisphere has less land. Such a disparity no one can change. But there are other areas of disparity that we can change. The natural resources are not uniformly distributed throughout the ecosphere. In the North -South divide the former has more of technology and the latter has more of biodiversity. The South hold an estimated 90% of the world's biodiversity. (Shiva, 1999a). Taking water as an example, the Middle East has less water and more fossil fuel and the Southeast has more water and less fossil fuel. There are other areas of such disparity and inequality. In another way the way these natural resources are exploited the developed nations consume more and the developing nations consume less.

Availability of Plant food species

There are about 300,000 plant species in our biosphere, out of which about 30 species are edible (Rolston, 1988) and only 20 species are commonly used. There are only 6 cereals in common use as food. Further, only 10 species provide 80 per cent of world's calories. We have a very little choice set regarding our food species. Therefore, boosting agricultural output to match the growing populations is one option and our basic expectation.

Options for yield enhancement

There are many options for increasing the yield of food plants. Biotechnology has been one such option. Bio-fertilizers using the nitrogen fixing ability of Mycorrhiza, the yield of various crops has been increased by 30 to 50 per cent (Hindu, 1999 g) In using biofertilizers the input of chemical fertilizers is minimized. The success of green revolution in India is due to the extensive use of chemical fertilizers (vide supra).

What is Biopiracy?

Biopiracy is the theft of indigenous knowledge, the theft of the creative capacities of nature and the false claim by patent holders. Industrial pressure on natural genetic resources for profit is so great that the Rural Advancement Foundation International has cited 147 examples of possible biopiracy involving misappropriation of 124 farmers' varieties from 43 countries. Most corporations claim that they created the life form they have pirated. Biopiracy only creates the colonization of creation—of life. According to Basmati Action Group "biopiracy is a form of class conflict with corporations trying to eliminate communal property, destroy farmers' control and supplant nature's creative capacities in order to increase their own private profits" (Sharma, 1998).

"Biopiracy (also called bioprospecting/intellectual kleptocracy) is when foreign companies obtain patent rights and exclusive monopoly over genes found in plants and animals in the third world. Transnational corporations are racing one another to manufacture pharmaceutical and agricultural products, derived from the genetic materials of the medicinal plants and food crops of these local regions" (Wolfson, 1997). It leads to absentee GeneLords. Furthermore, also includes the practice of unlawful and coercive exploitation of natural resources of the biosphere for an UNJUST and ill-gotten gain. The flow of money from the biodiversity rich South to biodiversity poor North due to predatory research on South's genetic resources without any innovation and without paying any royalties to the indigenous community is biopiracy. The term "bioserfdom" is used to denote the "growing situation in which farmers are losing the right to control their own crops. Instead they are becoming "renters" of proprietary genetic engineered seeds and proprietary technologies controlled by multinational firms" (Wolfson, 1997). It is considered as the "third wave of colonialism".

Current plunders

It is known that plant species, which have been used traditionally as food items also, have therapeutic properties. Plant species like Neem, turmeric and Basmati rice have gone through legal battle. Recently, common food items like Brinjal, Solanum melangena, Bitter gourd (common name = Karela) Momodica charantia and Jamun, Syzimium cumini have entered into controversy over patent rights. Three scientists from New Jersey (two Indian origin and a foreigner) obtained patent for herbal anti-diabetic agents based on bringal, bittergourd, jamun and also a herb which is called Gur Mar was challenged by the CSIR India (the Hindu, 1999f) and CSIR New Delhi, is of the opinion "that it is unwise to oppose each and every patent unless it had an adverse impact on the commercial interest of the country...". It is advocated by the Industry Ministry which is in charge of matters relating to intellectual property rights, Indian Government, that when a person is applying for patent relating to biological species a reference to the country of origin is mandatory (The Hindu, 1999h). However, the Department of Science and Technology is considering challenging the granting of patents on plants that have been traditional used as medicine through the food (The Hindu, 1999 I)

A sample of India's biodiversity and vulnerability

It has been widely reported that foreign firms pilfer the genetic resources of Indian biota due to its vulnerability. A patent for the famous Indian aromatic Basmati rice was issued to Ricetec, USA. Which produced a number of aromatic rice varieties and exported them under the names of Kasmati and Texmati. Two agencies in Australia patented two chickpeas obtained from an international gene bank in Hyderabad in India, just for propagating them. Legal proceedings against the patenting of Neem and turmeric is also known. Depletion of biodiversity will lead to dwindling livelihood of the farmers. What is needed is the fair and equitable sharing of the benefits arising out of patenting and utilizing the genetic resources of the South.

India is rich in Orchid flora representing about approximately 1,300 species of 160 genera. These species are extremely beautiful and distinctive plants and highly priced in the international florists trade due to their intricately designed spectacular flowers (Bhattacharijee, 1997). India is second in the production of fruits, next to China. The gene pools of Mango (more than 650 accessions) are available in the country. There are about 30 commercial varieties and the isozyme of these fruits show that the North Indian varieties differ genetically from the South. There are a good number of hybrid varieties. Similarly there are about 585 indigenous and 32 exotic collection of Banana (Ghosh, 1997). Traditional knowledge indicates that different banana variety has different physiological effects. The enormous genetic variability of Emblica officinalis (about 151 varieties. Pareek, 1997) which has 422-600 mg of vitamin C per 100g of pulp is a rich source which can be utilized for human welfare (Srivastava et al., 1997). The above fruits and other plantation crops including spices and medicinal plants need protection from the current regime of "bioimperialism" and biopiracy. In this area the intellectual property preservation and legislation must be enforced.

Case Study No. 1:

The Centre for Cellular and Molecular Biology (CCMB) at Hyderbad in India is one of the premiere institutions in biotechnology of the Council of Scientific and Industrial Research in India. An "efficient, rapid and highly sensitive" test for estimating a wide range of proteins in biological fluids developed by Mr. Gupta and his associates of CCMB was marketed by Pierce Chemical Company, (The Hindu, 1999d). The interaction between the two parties continued for about three and a half years after which Mr. Hermanson wrote: "We have obtained good results from your protein assay... However, after discussing the opportunity with several key people here at Pierce, we have decided not to pursue a license agreement for this technology"... Technology transfer in a situation like this allows the original scientists to act in the courts to maintain proper ownership if necessary. However, it is easy to remember other situations in India and elsewhere where the legal system was unable to compensate victims for economic loss or restore health.

The important question is this:

If a scientist working in a world - renowned laboratory can be treated in this manner, what would happen to a poor farmer whose indigenous process and techniques are copied without sharing the benefits and monetary profits with him or his community?

Case Study No.2.

A woman of high social rank met with a car accident. She was admitted to a good hospital In India there is wide variety of hospital service. One can choose the type of hospital depending upon his/her financial resources. As she was having a head injury she was perturbed about her future and family. In order to get admission without prior payment of money she identified some of her highly placed social contacts. She was lying on the emergency table. A nurse said "We are giving you an injection! OK" This is supposed to be "Informed Consent". A needle was inserted in the forearm but was not removed for about five minutes. With much pain she lifted her head to see what was going on! She found a bag of blood was being taken away from her body without her knowledge and permission! Is it ethical to remove genetic material without knowledge of the patient and under duress? Is there a connection to biopiracy?

The important question is this:

If this can happen to a socially well placed person, what can happen to the common man on the street with no education?

Seed - a common property

Indigenous farmers have made systematic observations of their crops and selected seeds for sowing. Their common sense observations indicated that plants have to be adapted to their local environmental regimes besides adapting to serve their economic, cultural and socio-political needs. Thus seeds were common property for the society to meet its social needs. It has been pointed out that "rice was first domesticated in Asia some 8,000 years ago, for example, farmers and local communities have developed well over 100,000 different varieties. Some grow in areas which have five meters of rainfall a year, others in the desert; some do well in places with average temperatures well over 30o C while others flourish in fresh or cool climates" (Shiva, 1999c, Email).

In India, nearly half of its total land area of 3.29 million square kilometers is cultivable and only 16 per cent is irrigated. Hence, agriculture is the mainstay of economy wherein about 70 per cent of its people are employed (Economic times, 1993). According to an UNDP report there are about 50,000 rice seed varieties in India, out of which a total of about 30,000 different varieties of rice were cultivated by Indian farmers (Shiva et al, 1995). A notification issued on 28.8.88 indicated that there were a total of 284 varieties/hybrids of rice that are being cultivated in India (Dogra, 1993). High Yielding Varieties (HYVs) which can tolerate a much higher dose of fertilizers than traditional varieties, have a significant coverage of cultivated land area with reference to the five major cereals (1989-90), the cultivated land are in percentage being, paddy 62%, wheat 86%, Jawar 46%, Bajra 51 % and Maize 39%. Currently, there is a record level of production of 203.5 million tons of food grains of which wheat contributed 73.5 million tons and rice 84.48 million tons as against the earlier production of 192.43 million tons during 1998-99 (The Hindu, 1999 a). Such a record production of food grains is mainly due to biotechnological innovations involving the use of chemical fertilizers and pesticides.

In agricultural sector water availability is the main factor. Drought is a recurring factor. It is also known that the per capita availability of water is the lowest, the amount being 2167 cubic meters for the 1997 (The Hindu, 1999b). The low income group utilized 92 per cent of annual withdrawal of freshwater for agriculture and the balance was used for industry (4%) and domestic purpose (4). On the contrary High Income group countries utilize about 40 per cent for agriculture, 45 per cent for industry and 15 per cent for domestic purpose. The disparity in end use is evident and water plays a major role in Indian agriculture. Hence, the Indian farming community identified "Gandhashali", "Raktashali", and "Rajashali" varieties of rice and other crops like wheat, Jowar, Ragi, kambu (Indian Millet) and Baragu as dry crops. It is needless to point out that agriculture is linked with local culture as the farmers planted "that season's crop". Traditional knowledge of the environmental factors is the mosaic of Indian food scenario.

The ancient Indian Community identified and recognized that a combination of nine grains (Navadhanyam: Nava = nine & Dhanyam = grain) is good for health of the people and a combination of twelve crops is good for the health of the cultivated land. The early reference to Seed is in the Bible. The Book of Genesis identifies two major food categories (I) Plants yielding SEED and (ii) fruit trees with SEED in its fruits i.e. fruit trees bearing fruit in which is their SEED (Ch.1: 11-12) (Azariah, 1995 a). The context - association of SEED with FOOD categories is interesting in that the first two chapters of the Book of Genesis deals with the time frame wherein human misdoing (Sin) against God was not in vogue. Jesus Christ compared the Kingdom of God to a mustard SEED (Luke 13:19, Bible). In the death of a seed there is life. Seed has a mystic meaning for life and in life. Ecologically speaking, in decomposition there is life. If there is, in the biosphere, no decomposition then life will come to an end at some future point and there will be no life. The early Indian farmer identified the plant Amaranth, Amaranthus frumentaceous as the God's grain (Amara = Eternal or deathless). The indigenous knowledge system identified this plant as having a high degree of resistance to drought with half the water budget of other plants. Indigenous knowledge, environmental factors and socio-religious culture are all inter woven with the preservation of biodiversity.

Names of seed companies in India

Vegetable seeds developed at IARI (PUSA)

The Head, 
Division of seed Science and Technology, 
Indian Agricultural Research Institute (PUSA) 
New Delhi 110 012

PVT Companies 
POCHA Seeds Pvt. Ltd. 
P.O. Box 55 Near Sholapur Bazar, 
Poona 411 040, India.

Maharashtra Hybrid seeds Co. Ltd. (Mahyco) 
Plot No. B-4 
Industrial Estate, 
Jalna - 431 203 Phones 02482 30840, 33 881/ 882 : Telex 07401 201

Agro Chemical companies, 
Agrica Agrovet, P.O. Box No.4 Mehmoorganj, 
G.P.O, Varanasi 221 010 
India.

Indo-American Hybrid Seeds, 
P.Box 7099, 17th Cross, 2nd 'A' Main 
Banashakari II Stage, 
Bangalore 560 070 
India. Tel. 91 812 6650111 Fax 91 80 6650479 

Vittal Mallya Scientific Research Foundation, 
Post Office Box 406 K.R. Road, Bangalore 560 004 
Fax 91 80 661 2806 
Email vmsrf@giasbg01.vsnl.net.in

Dr. Manju Sharma, Secretary, Department of Biotechnology and President of 86th. Indian Science Congress (5th Jan. 1999) reiterated the following (TNIE, 1999):

The National Bureau of Plant Genetics Resources (NBPGP) is the single entry point for seeds into the country "Brushing aside fears of threat to the country's biodiversity due to the entry of Multinational Seed Corporations like the Monsanto with their genetically modified products including the Bollgard, Dr. Manju Sharma categorically asserted that the Government's new seed policy will not permit entry of any seeds that may have an adverse impact on the country's environment" 

"In April 1998 MAHYCO decided to join with Monsanto giving them 26 percent equity" Manju Sharma commented: "This does not mean that Monsanto is going to control the company".

On the permission given for the Bollgard cotton multi-location field trials in five states including Tamil Nadu, Karnataka and Andhra Pradesh after several field visits by experts, she said the permission was granted to MAHYCO, a 100 per cent Indian firm. Manju Sharma commented, "Terminator is just a conceptual patent which will take four to six years to be available in its seed form." We are concerned that: 

with permission for field trials already been given to Indian companies with links with multinational seed corporations;

It is possible to try terminator seed technology in field trials in countries where permission has already obtained by an indigenous company, other than the country of origin of seeds, through the indigenous company.

According to Manju Sharma "Any recommendation in the MNC's (Multi National Corporation) favor will be given only after an undertaking is obtained that no work will done on Terminator seed". Are there safeguards to check the breach of agreement between a Multinational Seed Corporation and Government on the written agreement that no research work/experimental field work using genetically modified seeds will be done on Terminator Seed?

An example of Multinational corporate strategy for field trials that need safeguards

When an Indian company collaborates with a MNC (Multinational Corporation) that results in a written agreement stating that "No work will be done on Terminator seed." but gives permission to an Indian Company for field trials, the indigenous company will make field trials and therefore, all conditions have been fulfilled! This process is self defeating the very system to safeguard the integrity of the ecosystem. Therefore, there are a number of potentially harmful situations that need to be rectified.

Nothing to worry about

Although assurance has been given "that there was nothing to absolutely worry about in the present situation" (TNIE, 1999) there are threats of misery, terror and violence in the ecosystem such as the agricultural system where genetic contamination is possible leading to the loss of natural genetic integrity of organisms. Recently Indian farmers have committed suicide due to crop failure. The misery and terror of possible system failure is much more serious in GM crops. Because patents confer on companies exclusive monopoly to make, use or sell biological resources on which the local and indigenous communities depend on for medicines, nutrition or material. (Trade Related Intellectual Property Rights, "TRIPS" is a disaster waiting in the wings for the developing world, both in terms of ability of farmers to obtain new varieties to adapt to local conditions and demands but also for agro biodiversity and food security. (Shiva, 1999a). Therefore, Dr. Shiva has voiced the view that because the (World Trade Organization, "WTO"), which directly impact people's food rights through the TRIPS it is essential that there can be a total exclusion of all Intellectual Property Rights on life forms under TRIPS as well as seeking a substantive review of Article 27.3 (B) of TRIPS in particular."

Crop protection and insurance

The Government of India implemented a new National Agriculture Crop Insurance Scheme on June 22nd, 1999. This scheme is a modified version of the earlier Comprehensive Insurance Scheme. The Scheme will cover all crops The scheme will also cover within a period of three years horticultural and commercial crops. Small and marginal farmers would be entitled to a subsidy of 50 per cent of the premium charged. Further, localized calamities will also include hailstorms, landslides, cyclones and floods. (The Hindu, 1999e)

What can be monopolized/patented?

Can we patent life? It is a debatable question. We have been patenting products of nature. Can a patent be a process; i.e., the sustainability of a system? More importantly can there be patent on water? When all the world's water is polluted, can one multinational company patent water, the physiological basis of life? Water: is it a common property or a common global heritage?

Within the context of hosiery manufacture, Tirupur, a very small town in Coimbatore District in Tamil Nadu, earns 30 billion rupees per year but destroys the livelihood of farmers and sees the total environmental degradation of the environment (Thomson and Azariah, 1998). The ground water up to 600 feet is saline and the farmers have abandoned their farmland. Because of this, a plea was made to separate Water Rights from Land Rights (Azariah and Thomson, 1998). Universal ethics of water has been stressed. A suggestion was made by Azariah and Thomson (1998) to form a global authority; but, if formed, will it work to conserve the concept that water is a global heritage? If such an authority is formed. there can be some chances for judicial management of water during the Third Millennium. India has a water shortage (Azariah and Thomson, 1998). For India, there is an universal need to maintain the sustainability of water.

The pattern observed in the textiles' role in environmental degradation at Tirupur is similar to the one observed in the case of field trials of gene altered seeds. Some countries do not produce enough textiles and import the goods to avoid local pollution, leaving the pollution to the country of production. For the sake of meeting the demands of the global textiles market, certain countries' production of textiles at the cost of their own environment is biopiracy.

Shiva (1999b) has rightly pointed out "In India, Monsanto has bought MAHYCO, Maharashtra Hybrid Company, EID Parry and Rallis. Officials within Monsanto have said, "we propose to penetrate the Indian Agriculture sector in a big way. MAHYCO is a good vehicle..." (emphasis is mine). There is every chance that the Indian companies, in the hands of multinational corporations, will be a channel (a good vehicle) for the entry of transgenic seeds. There will be no way for an immediate check. Detection of any transgenic tragedy, many years after their (the seeds) its introduction, will lead to many an environmental problem.

In biotechnology, patenting is possible for new products as well as for a new process. But in ecological system, if someone patents seeds, which are the basic first link in the food chain, then what remains of the very food chain which is a process! Can we patent an ecological process, such as a food chain? Interestingly, According to officials from Monsanto, 'What you are seeing is not just a consolidation of seed companies, it is really a consolidation of the entire food chain...' " (Shiva, 1999b). What are the social consequences of monopolizing an ecological process?

Can we patent sustainability? Under the European Patent Law, an "essentially biological process" does not fulfill patentability requirement. "Any essentially biological process for the production of animals or plants is not patentable—although a microbiological process or the product of such a process is patentable. This is a difficult distinction for most to understand. There is some guidance on the meaning of "essentially biological process" from the European Patent Office namely that it is "the routine manipulation of a known and naturally occurring biological event", such as, for example, traditional methods of selective breeding. Thus, for an invention to fall outside this exception (and hence to be patentable), there needs to be "significant technical intervention" going beyond routine manipulation" (NCB, 1995). In this context, it is proposed that in an ecological process like the food chain and its sustainability there should be no patenting by a multinational company however novel may be the significant technical intervention that goes beyond routine manipulation.

For the proposed joint venture of Monsanto with Eureka Forbes/Tata (controlling 70% of the UV technologies) is it important that Monsanto can achieve management control over local operations but not have legal consequences due to local issues. It is biopiracy of a clever sort.

Human diversity in India

India has a civilization history of over 4000 years. Although the ancient caste system of India recognized four groups, (I) the Brahmins (priests), (ii) Kshatriyas (Warriors) (iii) Vysas (business and trade) and Shudras (hard labor) the Indian population group is very diverse with its castes, communities, religious groups and consanguineous marriages. Bioprospecting is possible to identify new genes with resistance and to cure for diseases like sickle cell anemia, diabetics and coronary heart disease. Currently, there are 465 communities including 75 endangered tribal groups and small tribal groups having a population of less than one thousand people. Recognizing the ideal Indian setting for Genome research, the Indian Government has approved a 5-year (US) $20 million project to study genetic variations of some of the diverse population groups (Nature, 1996). Although such project may help to identify some of the human rare and novel genes for resistance to various environmental harsh harmony and disease if the benefits do not reach the indigenous peoples groups then some Multinational corporation will only benefit.

The Marine Biome. Killing the goose that lays the golden eggs

The year 1998 was declared as the Year of the Oceans (United Nations, 1998) as the oceans exhibited visible signs of stress. In my opinion, our marine biome has been pushed beyond its ecological limits of tolerance. (A biome is a large and easily recognizable community unit where regional climate interacts with regional fauna and flora).

Let me give an example. No one denies that production of electric power is essential for the sustainability of the current consumer culture. We need power. But we also need to be concerned about the health of the marine ecosystem. How is it possible to strike a balance between power (electric) and health of the marine environment? The question of elevated thermal discharges in the marine environment was addressed by the joint group of Experts on the Scientific Aspects of Marine Pollution (GESAMP, 1984). The Food and Agricultural Organization, "FAO") has proposed a new plan to reduce the size of the fishing fleets worldwide (United Nations, 1999).

The question of chlorination of seawater, when used as an industrial coolant in nuclear power plants, was discussed by Azariah (1999 b). The volume of sea water in all oceans is 1370.323 x 106 Km3 (Sverdrup et al. 1961). If the world power requirement was only 1000 MWe, requiring 60 m3 S-1 of coolant sea water for a once-through flow system, then it would take about 724.2 years for the entire volume of sea water of the globe to be chlorinated by a single power plant. For a total of currently existing 433 units (George, 1997) requiring about 60 m3 S-1 of coolant sea water then it will require just 2.096 years for total chlorination. With the addition of another (proposed) 133 units then it will take just 1.563 years for total chlorination. Furthermore, there are about SEVEN countries where there are more than 20 nuclear power plant units, with a total capacity of 269,055 MWe. If these countries alone produce nuclear power, it would require just 2.691 years to chlorinate all the sea water of this planet Earth, which is our only one home. The amount of chlorine that enters into the marine biome in a year is about 62 million Kg. Practically we do not know the metabolic movement of chlorine in the marine ecosystem. Should we stress the system in order to maximize power generation? It has been reported that "Monsanto has caused environmental pollution on a massive scale - not least through the production of enough PCBs (Polychlorinated biphenols) to kill all mammal life in the world oceans... yet Monsanto is the producer of Roundup, one of the biggest-selling pesticides in the world (Editors, 1998).

Sensible human beings will stop and think. A recent UN report adds a word of caution in the context of operating coastal resorts. "Environmental impact is a critical factor. Resorts operating without regard for natural settings will kill the goose that lays the golden eggs and in the process create a host of environmental and human costs for countries to contend with" (United Nations, Development Update No. 28,1999). So is the case with chlorine and chlorinated products. Social and cultural consequences of environmental failure will be far reaching.

We destroy—why care?

With some 60 per cent of the world's commercial fish stocks considered to be depleted by the UN Food and Agriculture Organization, the Commission on Sustainable Development welcomed a new FAO plan for reducing the size of fishing fleets worldwide... A Green Peace representative at the session said that the decision to ask the International Maritime Organization and the FAO to crack down on "Pirate fishing" was an "historic breakthrough". (United Nations, 1999). The disparity between species of fishes in Indian Coastal Waters and the number of crafts in operation is the result of growing population pressure. There are about 1,570 species of fin-fish and about 1,000 species of shellfish. But currently there are 1.91 lakh (a lakh is 100,000) of non-mechanized craft and (including 32,000 motorized craft), 47,000 small mechanized craft and 180 large fishing vessels to fish in Indian Exclusive Economic Zone (Devarj, 1999).

A dying coastal ecosystem

The pollution pressure on the East Coast of India is reflected in the productivity of the coastal waters. The work of Nair and Pillai (1972) indicated a productivity level of 7.3 g C/m3/day and a daily production of 3.5 g C/m3/day was reported by Nair and Mahadevan, 1987). Within this range of 7.3 and 3.5 5 g C/m3 / day the production could be as low as 1.2 to 1.5 5 g C/m3/day due to turbidity. During 1994 the production was as low as 0.6 g C/m3/day. Turbidity along the coastal zone is due to discharge of flyash from coal fired thermal power stations which leads to a sedimentation rate of 1 cm per year. (Selvaraj, 1985). A few months back, a fisher woman was collecting unusually large number of the intertidal bivalve mollusk Donax cuneatus. To an enquiry, she replied "My husband is a fisherman. He could not catch fish from the sea for the past three days. So, this is our food for the day". It can be documented that the catch per unit effort is less.

Loss of fauna and flora—Bioactive compounds

It has been estimated that the marine ecosystem harbors about 500,000 species of which only 1% of the organisms have been screened for the presence of bioactive compounds. Only a hand full of these novel biochemical has been isolated and purified. A decline in the productivity of the oceans and the cumulative loading of chlorine in the marine ecosystem will chock the system to death. Extensive research has been carried out in this area (Azariah, 1989, 1990, Azariah and Nair, 1995). Many research findings in the above research area do have many industrial and scientific applications and hence can be patented.. Since plant material alone has been extensively searched for novel biochemicals with pharmacological value, there is a great need to explore this area before they become extinct. In this context the Gulf of Mannar has been declared as a Biosphere Reserve. However, this area has also been considered for many developmental programs that will affect the biodiversity of the area. A literature survey carried out on the published information on one of its islands, Kurusadi Island, reveals the richness in biodiversity. The details are given below:

Table: Number of Orders, Genera and Species recorded under different Phyla Data collected from published literature search from 1900 to 1958

No. Phylum No. of Order Class/Division No. of Genera Total No. of Species %
1 Diatoms 11 50 78 11.5
2 Protozoa 5 11 18 2.65
3 Porifera 2 3 3 0.44
4 Coelenterata 13 63 69 10.17
5 Annelida 6 49 75 11.06
6 Arthropoda 11 72 95 14.01
7 Mollusca 12 118 216 31.85
8 Bryozoa 1 3 5 0.73
9 Chaetognatha 4 5 6 0.88
10 Echinodermata 3 15 19 2.80
11 Protochordata 2 12 13 1.91
12 Pisces 6 66 72 10.61
13 Reptilia 1 8 9 1.32
Total No. of Species 475 678
Such a rich area of species diversity has to be conserved. The balance between ecological value to economic value has to be achieved.

The apathetic mindset culture of Indians to their national biological heritage

Let me conclude with the following quotation:

"Indians have very little sense of history. However cruel this may sound and however much this may hurt sentiments, there is hardly any doubt that the average citizen has a callous approach to heritage and culture, nay, to all that is past. It is well known that much of our history would have gone unrecorded had it not been for the painstaking dedication of Christian missionaries. In fact it was the colonial era that gave a new emphasis to the history of this subcontinent. Till then ,people did not even know where the Buddha attained enlightenment or about the existence of Ajantha or Ellora or Khajraho. Nobody was aware of Hampi and Mohenjodaro was thought to be a mere burial ground until the remains of one of the oldest civilizations were accidentally discovered... For one monument that is saved and restored, there are 10 others that pass into dust..." (The Hindu, 1999 c).

The mindset of current generation in India is changing. Looking to the Western culture, the East is becoming materialistic in its outlook. Can a materialistic way of life impart a sensible and a long lasting value system in people? It is common for people to forget about a crisis event in about 15 days and live as if nothing has happened. As a solution, the younger generation must be thought about the importance of preserving one's own country's heritage in biodiversity. Moreover, there must a full -fledged course in Law relating to issues in patenting and biodiversity in the curriculum of biology/zoology/ botany/molecular biology/biotechnology. Recently, Watanabe (1999) pointed out the intellectual ignorance of Japanese and lack of academic interest by faculty and students on intellectual property rights associated with living organisms and their products.

Institutional Culture

Due to four hundred years of British domination of India, Indian science department has evolved into water - tight compartments. The incentive for a centralized instrumentation is not common in many universities. Public sector scientists are very rarely engaged or encouraged to assess the patentability of their research findings. In European countries, a well-developed collaboration between universities and industries and an environment that fosters academic entrepreneurs has undoubtedly stimulated patenting in the public sector (Thomas, et. al. 1996). In an Indian context, this collaborative aspect needs to be strengthened and advocated. Many Indian scientists currently feel that it is not their role to help commercialize their new findings in basic research.

Case Study on Scientific Culture

In the legal issues arising out the dispute between Dr.Gupta and Pierce Chemical Company, the report concludes "Mr.Gupta says he is very upset that the company which showed real interest in the CCMB technology went back on its word "after taking the relevant information which we did not give in (our) published work" (emphasis is mine).

It is the culture of scientists, when publishing, to withhold some key information that is very critical for any practical application of the observed research findings. It is usually stored in their memory. When incidences such as reported above occur, then these key findings remain in the minds of the scientists forever. How to document the transfer of ideas that take place verbally but that are not written down is important in the protection of intellectual property ideas. This issue becomes most important when money is involved in the interactions among scientists.

Culture of the future

The question is whether a materialistic and market oriented economy can produce human values, ecological values and ethical values? An account reported in a Japanese magazine SAPIO dated 11.11.1998, pages129-130 should be an eye opener for the emerging culture of the future. If an organism/population or a gene-pool was at one time under the control of some artificial regime by human technology but is at present come out of that regime of artificial selection then that organism is a feral population. For instance if a human population was under the religious/doctrine of Communism and at present has come out of it into other world views then, the slippery slope ill effects are much worse than a stable population. In this context, the following quotation is worthwhile, "the emergence of global society pushed by Science and Technology, demands a new realistic paradigm that stresses convergence in place of conflict, collaborativeness in place of competition and compassion in place of cruelty and a global ethics that would link the deepest insight of science and Technology to religion. We need to pay special attention to environment, population growth, education and health related lifestyles to stop the spiraling descent into disaster. All these require a paradigm shift of mindset of people all over the world. (Dr. Karan Singh, Former Minister of Health, Times of India. November 1998). Ecologically any conflict drains productive energy. Conflict and waste go together. Common congruence for a common aim will prevent the spiraling descent into disaster. So far religion was the base to develop human values. But now that base has been eroded by Science and Technology. Do we have a new base to resolve human conflicts?

The prediction for Millennium III

First, "The entire spectrum of living organisms including plants and animals is known as biota. "In 2100 entire biotas will have been assembled from, (I) remnant and reintroduced natives, (2) partly or completely engineered species, and (3) introduced (exotic) species. The term natural will disappear from our working vocabulary. The term is already meaningless in most parts of the world because anthropogenic (activities) have been changing the physical and biological environment for centuries, if not millennia" (Soule, 1989).

Second, Campell (1999) has aptly echoed the Vedic wisdom "Humanity deserves the wisdom (and not just knowledge) that coexists with the natural laws of the cosmos, the progress that sits well with the people, the science that charts human history not destruction".

Third, in the context of biotechnology and genetic engineering Muller-Hill (1993) has raised the alarm "I do not know how many of you here and how many scientists elsewhere believe in this new Bible written by scientists in four letters (AGCT). I hope that there are not too many. But I know pretty well that very few scientists read Old Testament and Mosaic Laws. Therefore, the question has to be raised as to what can be said of them. I know that to say 'Read the Old Testament or respect the Commandments will result in laughter' so I have to retreat to my last line of defense and say listen carefully to your conscience. It is a voice that sometimes says NO. It never says 'Yes' as Socrates has already remarked. This NO is the only break when all other breaks are gone. This voice can be silenced. Do not silence it. It comes forth from some unknown structure of human brain. It comes before religion and it grows with True Religion. Enjoy the beauty and pleasure of science and follow the voice of your conscience".

Fourth, in conclusion, remarks reported during the Seminar on "Rethinking Power and Freedom: A dialogue with Scientists and Technologists" held at Chennai, India on 28th Aug. 1999 may be very relevant for the identity and integrity of human culture and welfare: " The free market will not by itself produce technology friendly to the poor. Only a technology positively guided by ethics can do it. The power of ethics must be exerted by the environmental movement and by concerned scientists, educators and entrepreneurs working together. If we are wise, we shall also enlist the common cause of social justice the enduring power of religion. Religion has in the past contributed mightily to many causes, from the building of cathedrals and the education of children to the abolition of slavery. Religion will remain in the future a force equal in strength to science and equally committed to the long-range improvement of the human condition" ( Dyson, 1997).

Acknowledgement

I wish to thank Drs. Frank Leavitt, Faculty of Health, Ben Gurion University, Israel, Ephrat Eran of Israel, Mrs. Daisy Dharmaraj , Director, PREPARE, Jacob Dharmaraj, Executive Secretary, PREPARE, India Rural Reconstruction and Disaster Response Service, Chennai , India, Brian Toker, Institute of Social Ecology, USA and Miss Kavita and Mr. Vijay Roy, University of Madras for their useful role in the preparation of this paper.

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Bhattacha