The law mandates that when biodiversity is to be accessed in any manner for commercial, research and other uses, local communities who have protected local varieties and cultivators for generations must be consulted and if they agree, benefits must accrue to them as per internationally applicable Access and Benefit Sharing Protocol. According to National Biodiversity Rules, prior approval/consent is required from the local competent authorities like the state biodiversity board or panchayats before using an indigenous plant variety or germplasm.
Bt brinjal is the first GM food crop developed in India. It was developed under a public-private partnership (PPP) between Tamil Nadu Agricultural University (Coimbatore), University of Agricultural Sciences (Dharwad) and Mahyco, spearheaded by Cornell University of the US. Former environment minister Jairam Ramesh had, however, imposed a two-year moratorium on commercial release of Bt brinjal in February 2011.