The farm bills protests have been hijacked by those who has escaped logic and are the card holders and champagne sippers of socialism.
The left rebel rousers vowed to do exactly what the three farm acts i.e.,
(I) THE FARMERS’ PRODUCE TRADE AND COMMERCE (PROMOTION AND FACILITATION) ACT, 2020[i]
(ii) THE FARMERS (EMPOWERMENT AND PROTECTION) AGREEMENT ON PRICE ASSURANCE AND FARM SERVICES ACT, 2020 [ii]
(iii) THE ESSENTIAL COMMODITIES (AMENDMENT) ACT, 2020[iii]
aims to achieve that is to amend the functioning of Agricultural Produce Market Committee (APMC) a marketing board established by state governments in India to ensure farmers are safeguarded from exploitation by large retailers; Remove middleman; Amend Essentials Commodities Act and introduce contract farming.
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The protest is the manifestation of two narratives firstly hatred of prime minister and every single scheme his government ever comes across and secondly the battle of capitalism v communism. These reforms are not about forcing farmers to sell their produce outside the existing corrupt market practices of APMC it is about giving our farmers a choice. Ironically the lapdogs of congress and khan market liberals wants to have a choice on everything from dine to wine but they don’t want our farmers who have been exploited in the hands of middlemen to have choice to enter into a contract to whom to sell his produce for his betterment away from the clutches of middleman.
The single aim of socialism and communism has been to restrict choices and their ideology of promoting regulation of choices is being presented as moral and fair and not because it works. Capitalism is about freedom and the farm bills protest is to hijack the freedom of choice as envisaged in the farm bills to our farmers.
Key Provisions of the Farm Bills
The three acts will create a significant impact in the agriculture industry.
- Firstly, the elimination of APMC (Agricultural Produce Market Committees) monopoly now farmers have a choice to sell the produce to private buyers and multi-national corporations anywhere in India which were previously left at the mercy of the middlemen who has over the years has got their hands on the authorities in APMCs.
- Secondly the farmers now have the freedom to store their produce which was previously barred by the Essential Commodities Act.
- Thirdly it gives farmers freedom to make contracts transferring their risk to businessmen.
Section 5 of THE FARMERS (EMPOWERMENT AND PROTECTION) AGREEMENT ON PRICE ASSURANCE AND FARM SERVICES Act, 2020[iv] provide farmers with a predetermined price i.e., the price to be paid for the farming produce has to be determined and mentioned in the farming agreement itself, and in case of any variation such agreement shall explicitly provide for a guaranteed price to be paid for such produce.
The act aims shift the onus on companies to take over the responsibility for organizing input supply under section 6(1) of THE FARMERS (EMPOWERMENT AND PROTECTION) AGREEMENT ON PRICE ASSURANCE AND FARM SERVICES Act , 2020 provides that under a farming agreement, the delivery of any farming produce is to be taken by the Sponsor at the and he shall take such delivery within the agreed time also it shall be the responsibility of the Sponsor to make sure that all preparations for the timely acceptance of the delivery have been made.
Companies will aim for commercial profitability while indulging in contract farming and problems can arise when the contract breaks down. Contract farming is likely to succeed when the environment is not hostile and the legal factors must be supportive to both the private sector and of the farmers and the framers of the bills has addressed this issue under Chapter III Section 13. (1) THE FARMERS (EMPOWERMENT AND PROTECTION) AGREEMENT ON PRICE ASSURANCE AND FARM SERVICES Act, 2020 provides that every farming agreement shall provide for a conciliation process and formation of a conciliation board and in case of any dispute arising from the farming agreement it shall be firstly referred to the conciliation board and every endeavour shall be made by such board to bring about settlement of such dispute and where parties arrived at a settlement agreement such settlement shall be binding between the parties.
Section 14 of THE FARMERS (EMPOWERMENT AND PROTECTION) AGREEMENT ON PRICE ASSURANCE AND FARM SERVICES Act, 2020 provides that where the farming agreement do not provide for conciliation process or the parties to the farming agreement fail to settle the dispute within a period of thirty days then the concerned party may approach the Sub Divisional Authority. The concerned SDM may if the farming agreement did not provide for conciliation process, constitute a conciliation board and if the parties failed to settle their dispute through conciliation process then SDM has the power to go for summary trial after giving the opportunity to the opposite parties and decide the issue within thirty days.
The SDM has been provided with the powers to impose penalty
- When the sponsors fail to make payment of the due amount to the farmer.
- The amount shall not exceed the actual cost incurred by the Sponsor when the order is against the farmer for due on account of any advance payment by the sponsor.
- In the event of force majeure, no order for recovery of amount shall be passed against the farmer.
The aggrieved party may prefer an appeal to the Collector or Additional Collector nominated by the Collector.
The above provisions underlined the minuteness with which the legislatures have framed the farm bills; however, given the lack of awareness among the marginalised famers and through constant false rumours being feed in the ongoing protest government must indulge in proactive awareness campaign with our farmers so as to give them their due rights in the form of these three acts. Agriculture liberalization and economic independence of farmers may otherwise be unavailable other than the present Farm Bills.
Siddhant Mishra
Advocate at Lucknow High Court
[i] http://egazette.nic.in/WriteReadData/2020/222039.pdf
[ii] http://egazette.nic.in/WriteReadData/2020/222040.pdf
[iii] https://consumeraffairs.nic.in/sites/default/files/file-uploads/acts-and-rules/EC%28Amendment%29%20Act2020.pdf
[iv] http://agricoop.nic.in/sites/default/files/Farming%20Agreement%20Final%20Act%20_4.pdf
