14th September, 2020: Three bills were disseminated in the Lok Sabha as ordinances which were later passed in the Rajya Sabha by a voice vote.
19th November, 2021: Prime Minister Narendra Modi ultimately vocalized the “Mann Ki Baat” of those who work in acres, not hours.
What do these decisions, and the 15-month long protest in between signify?
First, let us understand what these three bills, or farm laws, are and the reasons for the farmers’ protest.
What are the three farm laws and why were the farmers protesting?
The vexed bills, which received the President’s assent on 27th September, 2020, were passed despite the opposition and farmer groups hitting out fiercely in defiance.
The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act 2020 [1] aimed to expand markets outside shops regulated by APMCs (Agricultural Produce and Livestock Market Committee) [2] and to remove inter-state trade barriers.
Farmers feared that spurring tax-free private trade outside markets regulated by APMCs would make the markets impracticable and end the MSP (Minimum Support Price) [3] [4], which acts as a safety net for the producers. Privatization would slowly end government markets, intermediary systems, and APMCs.
Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020 [5] seeks to promote contract farming, where farmers can enter into accordance with the buyer to sell the produce at pre-set prices.
The Price Assurance Act, while offering protection to farmers against exploitation, does not lay down the specifics of the price fixation system. In a contract farming arrangement, the farmers would likely be underdogs as they wouldn’t be able to negotiate for the best prices with mordant businesspeople. Moreover, due to lack of resources, expecting farmers to cognize contractual obligations and take legal measures if required, would be an assessment too high.
The Essential Commodities (Amendment) Ordinance 2020 [6] removes cereals, pulses, etc., from the list of essential commodities. The production, storage, movement, and distribution of these commodities will be unbridled. This can pose a threat to food security as the chances for hoarding of these essential commodities would increase.
Constitutionality of the Farm Laws
Discussing and deliberating on the constitutionality of any legality is of utmost importance as the property of being in accordance with the constitution must be checked. It is important for all legislation to have stemmed from, and to serve, the public and their opinion.
The voting on the farm bills in the Rajya Sabha was not done per the rules of the house. The bills were passed by a voice vote when there was a demand for counting by division. Voice vote is not recognized by the constitution. This makes the very passage of the ordinances, unconstitutional, and a violation of Article 107 [7]. Moreover, they were passed as ordinances in the middle of a pandemic.
Lack of consultation before passing the bill blazons the ordinances as unconstitutional. There was no consultation undertaken at the time of promulgating them. Moreover, the bills were not discussed with a select committee.
The farm laws can, thus, be rendered unconstitutional on many grounds.
The Farmers Protest
Global experience shows that corporatization of agriculture without a security net in the form of an assured payment results in the exploitation of farmers. This poses a challenge to marginal farmers, who constitute 86 percent of our agricultural class. The prospective annihilation of the APMC regulated markets, which have stood the test of time and have helped farmers, was also a cause of worry.
The farmers were anxious about the laws potentially removing a system of guaranteed prices and pushing the agricultural sector into the hands of private corporations. This, and allied emotions brewed anger over injustice to the farmers. The number of farmers who protested, as they feared the Modi Government’s decision would open the doors to corporate dominance of the agricultural sector and undermine their livelihoods, is cosmic.
On 24th September, 2020, farmers started a Rail Roko [8] [9] campaign, following which train services to and from Punjab were affected.
People of different castes, creeds, occupations, and livelihoods, joined the protests since they believed the laws would adversely impact the entire working-class, not just the farmers.
On 26th January, 2021, a historic parade was carried out by lakhs of farmers, with over 2 lakh tractors according to Reuters, along the routes prescribed by the police. While most of the farmers stayed peaceful, violence erupted in other clusters; from tractors barraging into barricades, to farmers climbing and hoisting flags on the Red Fort. [10]
The teen climate activist, Greta Thunberg, was one amongst innumerable people, who sphered support and solidarity with the protesting farmers, by sharing a toolkit online, which advised people on how to show support with the farmers’ protests. [11]
The farmers refused to back down despite pleas from the Government to end their protest because they wanted the complete repeal of the farm laws.
The Farmer Unions observed May 26 as Black Day [12] to mark six months of their protest against the bills which have been put on hold by the Supreme Court of India, as a show of solidarity and symbolism.
The son of a minister allegedly drove his car into a group of protesting farmers in Lakhimpur [13] in Uttar Pradesh on 3rd October, 2021. Eight people, including four farmers and a journalist, were killed in the incident which caused indignation all over the country.
These instances, and many others, tell us that the annadaatha of India were unsatiated with what the three farm ordinances had to offer, and braved through thick and thin for the justice they deserved. The courage and patience that they have demonstrated against fascism, apathy, and police brutality are stupendous.
Repeal of The Farm Laws
On Friday, 19th November, 2021, in his address to the nation on national television, the Prime Minister of India said that the farm laws were meant to strengthen marginal farmers. However, as they failed to convince the farmers, the Government has decided to repeal the three farm laws, on Guru Purab.
This came as a surprise since the ministers under the mastery of the Modi Government have constantly proclaimed how beneficial the farm ordinances are, and that they wouldn’t be withdrawn under any circumstances.
Opposition parties welcomed the decision, with major leaders voicing their opinions online.
Congress party leader, Rahul Gandhi, exclaimed it to be a win against injustice.
“Whether it was fear of losing UP or finally facing up to conscience @BJP govt rolls back farm laws. Just the beginning of many more victories for people’s voices.”
– Mahua Moitra
While the farmer unions sense this as a huge victory, they were adamant about calling off the protest only after the laws are repealed in the Winter Session of the Parliament.
The Farm Laws Repeal Bill, 2021 [14] was finally passed in the Rajya Sabha on 29th November, 2021.
While the repeal of the farm ordinances came as a thunderbolt, it is debatable, whether the Modi Government recognized and tried to ameliorate their lack of legislative acuity, or if the upcoming elections in states with a huge agricultural base are on their wish list.
Broadly speaking, a democracy exists when the people get to directly determine their destinies. The repeal of the three farm ordinances is a victory for the farmers, of the agricultural sector, of Indians, and of democracy. The “mann ki baat” of the nation has finally been heard and acknowledged; thus, ratifying our country as one of the people, for the people and by the people.
Article by:
Smriti Sivakumar,
Vice President,
PES MUN Society, RR Campus
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