ISSN 2455-4782 20 | Page JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 7 ISSUE 6 FARMERS PROTEST: HUMAN RIGHTS AT STAKE Authored by: Aanal Vyas* & Heer Nanavati** * 5th Year BBA LLB Student, Gandhinagar United World School Law (Karnavati University) ** 5th Year BBA LLB Student, Gandhinagar United World School Law ( Karnavati University) __________________________________________________________________________________ ABSTRACT “An Industry that feeds you is an industry worth fighting for” - Tierra Kesler Farmers in India have been protesting vehemently ever since the three Controversial farms bills were passed without the necessary debate in the Parliament which raises the real intention of the government. In this Article, the Authors states about the farmers are claiming for the detriment of their work, in between all this debate going in respect of the same, authors also focus on what these three bills state about and how the protest taken by the farmers. It also lightens up the issue on lack of allocation of budget, how the farmers are putting their lives at risk and violating their livelihood as well as it gives the farmers freedom to sell to any buyer directly and carry the restrictions on the stock limits to private investment in Agriculture. So, the government would take the mechanism for the farmers by this there will be no Protest or chaos will occur. Keywords: Farmers, Budget, Allocation, Government, Protest, Agriculture.
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ISSN 2455-4782
20 | P a g e JOURNAL ON CONTEMPORARY ISSUES OF LAW [JCIL] VOLUME 7 ISSUE 6
FARMERS PROTEST: HUMAN RIGHTS AT STAKE
Authored by: Aanal Vyas* & Heer Nanavati**
* 5th Year BBA LLB Student, Gandhinagar United World School Law (Karnavati
University)
** 5th Year BBA LLB Student, Gandhinagar United World School Law ( Karnavati
vs-public-inconvenience> accessed on 24th April 21 2 India Brand Equity Foundation <https://www.ibef.org/industry/agriculture-india.aspx >accessed on 24th April
2021 3The Farmer’s Produce Trade and Commerce (Promotion and Facilitation) ordinance, 2020 4 The Framers (Empowerment and protection) Agreement on Price Assurance and Farm Services ordinance,
2020 5 The Essential Commodities (Amendment) Ordinance, 2020 6 Simi Mehta and Arjun Kumar, “Deconstructing the Enigma of Farmers Protest in India
agriculture-ordinances> accessed on 25th April 21 8The Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, PRS India
https://prsindia.org/billtrack/the-farmers-produce-trade-and-commerce-promotion-and-facilitation-bill-2020 9 6 e-NAM: A new paradigm for Agri-Trade <https://www.msn.com/en-in/news/other/e-nam-a-new-paradigm-
for-agri-trade/ar-BB1dp4UH> accessed on 27th April 21
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According to Bill Framers had put the Three Arguments for the Bill that: 10
End of Minimum Support Price? End of the current APMC system? Loss of Revenue and
Livelihood. Here, the farmers stated that losing the MSP is the biggest dread of the farmers.
However, the reason for government intervention by the government for acquirement is value
knowledge from mandis which starts government intercession when cost get diminishing. the
new bill will bring a lack of market information and cost with the government, in a way working
with the government to resign its obligation of guaranteeing MSP AND PDS.
Clarification from Government: 11 For this matter, the Government said that farmers have wider
areas to do business. They can build their range to various states and sell their products in the
Government market too. Farmers are still qualified for MSP in the event of deterioration of
their produce.
This bill, According to Sec 6 12 provides the claim of market access, fee or levy for all
transaction made outside the APMC premises which aim traders to purchase farm produce
outside mandi premises. However, such incentives won’t change the force connection as it is
such a destructive influence on the collective bargaining powers of the farmers.
As of 31st August 2020, the total number registered on e-NAM was 1.69 crores13. However, it
referred that the Bihar model after the repealing sector of the APMC Act in 2006 14 which
enables free private trade in agriculture in Bihar but this system failed to help the farm or boost
private investment in the development of agriculture.
However, in conclusion, it said that this can be beneficial to the big farmers because they can
get a choice whether they directly want to sell to the consumer or they want to sell their good
in the mandi, but it won't change the condition of the small farmers. Farmers' income also
depends on the ups and downs of the market. In the current situation, there is a rise in the cost
of cultivation but there is a low return due to low demand for the market because the situation
for private players will try to purchase the goods at a low price and sell at a high price.
10Kirpen Dhailwal, “Critical Analysis on the Farmers Bills, 2020” <https://lexforti.com/legal-news/farmer-
bills/?amp> accessed on 27th April 21 11Aditya Aryan, “Analysis of Farm Bill, 2020 After 6 Month with Arguments & Clarification “ 12The Farmer’s Produce Trade and Commerce (Promotion and Facilitation) ordinance, 2020, Sec 6 13National Agriculture Market, Breakup of Stakeholder in e-NAM,
<https://enam.gov.in/web/dashboard/stakeholder-data> accessed on 28th April 21 14Bihar Agriculture Produce Market (Repealing) Act, 2006.
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The Farmer’s (Empowerment and Protection) Agreement on Price Assurance and Farm
Services Bill, 2020:
This bill deals with a contract basis where the farmers will permit to trade their agricultural
products outside the APMC Market which protect and empower farmers for engaging in deal
with agro-business firms, large retailers, exporters of farm produce without fear of misusing
any power or products of farmers. This bill shows various concerns like farming agreement,
how farmers deal with condition and pricing of agricultural products, how the dispute
resolution maintained between the farmers and producers. There is a minimum period of
contract for the crop production i.e., 3 – 6 months and the maximum period is of 5 years.
However, there is a clause mention in the ordinance that the state government may notify a
registration Authority where all the contracts get registered for reporting their data.
According to Bill Framers had put the Arguments for the Bill that:15
Will the farmers in the wake of going into an agreement with private players, qualify for MSP?
Are landholdings of farmers protected, or as they will be or as they will be manufacture
according to the interest of their client, their lands could be rented, sold, leased?
Clarification from Government:16 for this bill, the Government has verbally assured farmers
will be entitled to MSP. It said that amount is to paid by the buyer and the amount is received
by the farmer in advance but in this case, if the farmers are having not mentioned the price in
the contract, then that contract became void.
The reason farmers are protesting for the MSP is it is only verbal mention for the MSP and as
we know that Minimum Support Prize is important to the farmers because it is the prize which
is decided by the government if any private player comes into the picture, then there will be
exploitation for the farmer’s side. Therefore, the farmers have the fear that business owners
will be considered as the dominant party to this contract. Therefore, farmers are wanting the
written assurance from the government in regards to the MSP therefore the protests are still
going on with regards to the MSP.
15Supra Note 11 16 Ibid
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This bill not only provides any mechanism for price fixation, prompting worry in regards to
the expectation behind giving a free hand to this private partnership. Further, there is viewing
a large number of arrangements as land holding are small in states such as Punjab and Haryana.
The Essential Commodities (Amendment) Bill, 2020:
This bill deals on the section 17 which got inserted in the Act which empowers the Central
government to regulate the supply of specified food items. This bill aims to protect and enhance
the farmer’s income as well as the interest of the consumers. This bill deals with the various
issues regarding the regulation of Food items, how the stock limit got risen in the agricultural
field.
In this bill, the government has removed some essentials from the list. So, some private trader
will try to create artificial demand in the market which will lead to increase inflation in the
market.
CONTEMPARY OUTLOOK AND WORRIES FOR THE VIOLATION OF
FARMER’S PROTEST WITH REFRENCE TO HUMAN RIGHTS
There are so many protests and agitations are going on due to these three bills which are passed
in the Lok Sabha and Rajya Sabha. There are approximately 30 rights and freedom in the
UDHR 18 which include the right to freedom from torture, right to speech and expression, right
to fair trial, right to live with freedom, dignity, and safety. This also includes civil and Political
Rights like right to life, liberty and privacy. During the diplomatic response to the farmer’s
agitation, the government of India is in breach of various Articles like 1, 2, 3, 5, 6, 7, 21,
27,28,29 and 30 of the United Nations Declaration of Human Rights Act.19 Article 2,3,6 and 8
of the United Resolution of Rights of Peasants and other people working in Rural Areas20 , then
Article 14, 32, 20(1), 25(1), 19, 29 (1) of the Constitution of India 21, then Article
17The Essential Commodities (Amendment) Bill, 2020 section 3(1A) 18 United Nations peace, dignity and equality on a healthy Planet, “Universal Declaration of Human Rights “
Universal Declaration of Human Rights | United Nations 19 United Nations Declaration of Human Rights Act 20United Nations Digital Library, “United Resolution of Rights of Peasants and other people working in Rural
Areas” https://digitallibrary.un.org/record/1650694?ln=en accessed on 1st May 21 21Constitution of India, 1956
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6,7,9,10,12,14,16,17,18,19,20,21,22,26 of the International Covenant on Civil and Political
Rights 22.
There are the various activities done by the Farmers during the protest:
There were various Farmers Union of the country had been started to protest and started the
movement towards “Chalo Delhi” In that movement farmers from the Punjab, Haryana,
Madhya Pradesh, and other states marched to Delhi.
On the Republic Day Celebrations step up into Shutdown:23
As on India’s 72nd Republic Day farmers seek the Peaceful Tractor Rally against the
agricultural reforms in red fort, New Delhi. The government has denied the application for the
peaceful protest with the reason that it will harm the security of the city and there were the
chances in which this protest will not follow the guidelines for the COVID19 so there was
threat that due to this protest there can be increment in the cases of COVID. Though
government had an idea due to the news on social media that union is planning to protest still
they have not commended the taskforce to be prepared and therefore these amounts of damage
happened to the society, citizens and public property. It could be prevented with precautions.
This Rally had turned brutal which taken place between the police and farmers. This all footage
gets viral on social media. The Government reacted to this commotion by suspending the City’s
web access, which influenced more than 52 million clients. For this, the specialists justified the
shutdown in the interest of keeping up open security and turning away open crisis. Ambulances
and vehicles are restricted access to sites.
On Friday 29thJanuary 2021 there are a group of approximately 200 people attacked the
farmer’s camp with rocks and other equipment which harm their tents. A Senior Police Officer
was asked by the authority that why the mobs are allowed to go into the campsite which place
is under high security so, the Authority replied that “they wanted to handhold the talk and
22United Nations Human Rights office of the High Commissioner “International Covenant on Civil and Political
Rights” <https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx>accessed on 1st May 21 23Sonal Rawat and Dritih Ganjoo, “Farmer’s Protests in India lead to Unconstitutional Internet Shutdown “(2021)
arrested> accessed on 3rd May 21 25 Ibid 26 Temporary Suspension of Telecom services (Public Emergency or Public Safety) Rules, 2017 27 Anuradha Bhasin V Union of India W.P. (C) No. 1031 of 2019 28 Siracusa Principles Art, 10 29Minority Rights Group international, “A Narrowing Space: Violence and discrimination against India’s religious
minorities “<https://minorityrights.org/wp-content/uploads/2017/06/MRG_Rep_India_Jun17-2.pdf> accessed on
5th May 21 30 Red Fort violence: Delhi police detain 200 after farmer protest (2021)<https://www.bbc.com/news/world-
956160.html> accessed on 5th May 21 34 Scar on Judiciary, ‘What Ranjan Gogoi said in 2019 on Post -Retirement Appointment of Judges” ( 2021)
<'Scar On Judiciary': What Ranjan Gogoi Said In 2019 On Post-Retirement Appointment Of Judges
(outlookindia.com)<https://www.outlookindia.com/website/story/india-news> accessed on 5th May 21 35 The Deol Foundation, “Let’s Stop A Crisis Becoming a Humanitarian Disaster “(17/02/2021) 36Maneka Gandhi v Union of India, AIR 1978 SC 597