Farmers and the Law
During the late 2020s, in the middle of the pandemic the government passed 3 consecutive legislative acts which most of you recognize as a single bill known as the farmers bill.
Cutting it short, the three acts were:
1) The Farmers’ Produce Trade and Commerce act.
2) Farmers Empowerment and Protection act.
3) Essential Commodities act
The question to ponder upon is:
- Was this bill really necessary during this time of a pandemic?
I need not tell you the number of protests happening all over India due to the implementation of this bill.
The Farmers bill very bluntly has allowed the corporate world to control the price at which the farms produce can be sold. By doing this the corporate world can negotiate with the farmers and convince them to sell their produce at a lower price by forming unions and thus they can fulfill their profit maximization motive.
Although, this action which has been passed by the government contradicts and puts the concept of MSP (Minimum support price) at risk which was established for the sole purpose of protecting the needs and wants of the poor people and preventing the corporate world to exploit them.
MSP has always played a major role in protecting the needs and wants of the poor. If any action puts the validity of MSP at risk, it puts the needs and wants of the poor people at risk.
Seeing the state of our economy where people are losing their jobs, a decline in their annual income, giving the corporate world the power to affect the income of farmers will further worsen the scenario.
This bill also talks about the abolishment of the people who used to play an intermediate role between the producer and the retailer also known as the middlemen.
The abolishment of middlemen will lead to a rise in the already high rate of unemployment in the country further making it difficult for these people to survive in this pandemic. It will also lead to a reverse in the income effect further worsen the state of the economy finally leading into a recession.
If we consider Chapter 5, article 13 of the farmers trade and commerce act we would come to know the power which the central government has given themselves via this act.
The article 13 states that “No suit, prosecution or other legal proceedings shall lie against the Central Government or the State Government, or any officer of the Central Government or the State Government or any other person in respect of anything which is in good faith done or intended to be done under this Act or of any rules or orders made thereunder”
In simple language we are not allowed to sue/ take any person to court if he/she has committed any crime under this act. Because then the central government would consider that particular crime to be in “good faith”
The farmers bill does not only act as a barrier of equity it also puts a taint on the constitution of the worlds biggest democracy by denying justice under this act.
To prove my point further, The Chief justice of India (The head of the Supreme court) recently addressed his disappointment with the government as to how they were dealing with the farmer’s bill protests. He further suggested in delaying the implementation of these laws.
The Agricultural minister of India Mr. Narendra Singh Tomar has refused to talk with the farmers and provide a justification for the same thus denying their fundamental right of information which comes under Part III of the Constitution by the Supreme Court in several cases. The RTI Act, 2005.
In conclusion farmers bill has created a mockery of the constitution of the world biggest democracy by denying justice, violating the fundamental rights of the citizens under this bill and has spoiled the reputation of India in the international community.
Citations:
2) https://thewire.in/law/supreme-court-farm-laws-stay-centre
5) https://www.thehindu.com/news/cities/Hyderabad/mockery-of-democracy-bjp/article30628004.ece
