CHALLENGES IN FARMING AND FARMERS’

PROTESTS

BABASAHEB BHIMRAO AMBEDKAR UNIVERSITY

Submitted to- Millind Raj Anand Sir Submitted By- Utkarsh Chadha

Department of Law Roll No.- 69

Semester- BBA LLB Ist Semester

Subject- English

DEPARTMENT OF LAW
SCHOOL OF LEGAL STUDIES
BABASAHEB BHIMRAO AMBEDKAR UNIVERSITY
(A CENTRAL UNIVERSITY)
VIDYA VIHAR RAEBARELI ROAD
LUCKNOW - 226025
Introduction

India is an agrarian country. Over 60% of India's population is straightforwardly or by

implication associated with agribusiness related work. Because of the steadiness of those

farmers, we are prepared to sit and feast in peace. These farmers support the whole country

however it is a dismal truth that they are battling with starvation. As of late, the central

government has passed new farm bills to help the farmers and the agricultural sector. Farmers

and some state governments are opposing these agricultural bills. Farmers across the country

have challenged these bills by protesting. Indian Government has presented the Agriculture

Bill in September 2020, our President Ram Nath Kovind endorsed the three farm bills that

were passed by the Indian Parliament.

The government has introduced these Farm Bills to transform the agriculture sector. This step

has been taken by the central government to spice up the agricultural sector and double the

farmer’s income by 2022. It is thought that freeing of agriculture sector will eventually help

in better pricing. When farmers will sell their products to corporates and exporters directly it

will induce the corporate sector to invest in the agri-ecosystem. This will also give farmers

better access to modern technology and farmers will be benefited from it.

The history of agriculture in India dates back to the Indus Valley civilization era and even

before that in some parts of southern India. The agriculture sector is one of the most

important industries in the Indian economy, which means it is also a huge employer.

Approximately 60 percent of the Indian population works in the industry, contributing about

18 percent to India's GDP [1], that is why these new farm laws are criticized by massive

Indian populus.

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Farm Bills

Agriculture Bill or Farmers Bill is a combination of three bills that have become law now.

These bills are; Farmers Produce and Commerce (Promotion and Facilitation) Bill 2020,

Farmers Agreement (Empowerment and Protection) on Price Assurance and Farm Services

Bill 2020, and Essential Commodities (Amendment) Bill 2020. These bills make big

structural changes in the agriculture sector. These bills also encourage corporate investments

in the agriculture ecosystem to make agriculture more profitable for farmers.

These ordinances were introduced as bills and passed by the Lok Sabha on 15 and 18

September 2020. Later, on 20 and 22 September, the three bills were passed by the Rajya

Sabha, where the government is in a minority, via a voice vote – ignoring the requests of the

opposition for a full vote. The President of India Ram Nath Kovind gave his assent by

signing the bills on 28 September, thus converting them into acts. The legality of the acts has

been questioned since both agriculture and markets come under State list.

These Acts are:

• Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act: Expands

the scope of trade areas of farmers produce from select areas to "any place of

production, collection, and aggregation." Allows electronic trading and e-commerce

of scheduled farmers' produce. Prohibits state governments from levying any market

fee, cess or levy on farmers, traders, and electronic trading platforms for a trade of

farmers' produce conducted in an 'outside trade area'.

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 • Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm

Services Act: Creates a framework for contract farming through an agreement

between a farmer and a buyer before the production or rearing of any farm produces.

It provides for a three-level dispute settlement mechanism: the conciliation board,

Sub-Divisional Magistrate, and Appellate Authority.

• Essential Commodities (Amendment) Act: Allows for the center to regulate certain

food items in the course of extraordinary situations like war or famine. Requires that

imposition of any stock limit on agricultural produce be based on price rise.

Benefits of Agriculture Bill:

The Farm Bill 2020 envisages a path for farmers as an alternative platform to sell their

produce in open market. Now farmers can sell their products openly to anyone and anywhere

and they can get higher price. There will be no APMC (Agricultural Produce Market

Committee) market charge or cess on exchanges in such exchange regions. APMCs will

proceed with its working Now APMCs have to compete with these alternate platforms and

now farmers have a choice for selling their products. This bill gives powers to farmers to sell

their good directly to the corporate or exporter buying in bulk from the farm.

The Farm Bill 2020 doesn't destroy current Minimum Support Price (MSP) based acquisition

of food grains. The Minimum Support Price (MSP) based acquirement framework will be

proceed and former can also sell their crop products in Mandi on existing Minimum Support

Price (MSP).

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The Bills also bring in a plenty of benefits for aggrotech start-ups and organised players who

connect farmers to agribusinesses, food processors and exporters; agriculture warehousing

companies and cold storage providers; supply chain and logistics operators that ensure

transparency and timeliness; online agriculture trading marketplaces, and practically anyone

in the agriculture value chain that works towards eliminating inefficiencies in ‘farm-to-table’.

The Bill formulates a framework on the agreements that enable farmers to engage with agri-

business companies, retailers, exporters for service and sale of produce while giving the

farmer access to modern technology. It also provides benefits for the small farmers with less

than five hectares of land. The Bill also will remove items such as cereals and pulses form the

list of essential commodities and attract FDI (Foreign Direct Investment).

The farmer is now the producer and the seller of his own produce and will be free to enter

into an agreement with private trade directly. Consumers would now get the products at much

lower costs. The Arthias also known as middle men or 'bichauliya' will lose the economic

stranglehold, they have on the mandis.

Why Farmers are protesting against Agriculture bill 2020?

Farmers do not accept the three new legislations — The Farmers’ Produce Trade and

Commerce (Promotion and Facilitation); The Farmers (Empowerment and Protection)

Agreement of Price Assurance; and Farm Services and The Essential Commodities

(Amendment).

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The Farmers believe that the new laws will open agricultural sale and marketing outside the

notified Agricultural Produce Market Committee (APMC) mandis for farmers, remove the

barriers to inter-state trade, and provide a framework for electronic trading of agricultural

produce.

Since the state governments will not be able to collect market fee, cess or levy for trade

outside the Agricultural Produce Market Committee (APMC) markets, farmers believe the

laws will gradually end the mandi system and leave farmers at the mercy of corporates.

Farmers fear that mandies will become redundant like BSNL and MTNL in future days.

Farmers believe that dismantling the mandi system will bring an end to the assured

procurement of their crops at Minimum Support Price (MSP). Similarly, farmers believe the

price assurance legislation may offer protection to farmers against price exploitation, but will

not prescribe the mechanism for price fixation. Farmers are demanding the government

guarantee MSP in writing, or else the free hand given to private corporate houses will lead to

their exploitation.

The Arhtiyas (commission agents/middle men/'bichauliya') and farmers enjoy a friendship

and bonding that goes back decades. On an average, at least 50-100 farmers are attached with

each Arhtiya, who takes care of farmers’ financial loans and ensures timely procurement and

adequate prices for their crop. Farmers believe the new laws will end their relationship with

these agents and corporates will not be as sympathetic towards them in times of need.

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The corporate bodies, unlike the Government, will be interested in maximizing their profit. If

this objective is achieved by hoarding, exporting or by not buying the produce, they will not

hesitate to do so. While free market economics, which allows market forces to not only fix

the price but also the output, might work in countries with small populations and a large

export market, it could be disastrous in a poor, developing country like India. The impact the

market uncertainties can have on the farmers’ choice to produce one crop and not the other

can also be severe.

Illustration

Here's a live example from Kerala. A friend's uncle was ecstatic when the Modi govt

abolished the coconut board, akin to the Agricultural Produce Market Committee (APMC).

The Coconut Board, a government outfit, offered Rs 10 per coconut. After abolition of the

Coconut Board, price offered by private traders was Rs 40 per coconut.

But the Coconut Board would bring their own men to scale up trees, cut the outer green shell

of coconuts & transport them to the market. Now this man has to hire people to climb the

trees, and since it is risky, pay for their insurance. He has to pay more for peeling the green

skin and then transport the coconuts to the market and return. After meeting all the expenses,

he gained Rupees four per coconut.

The consumer was earlier paying Rs 20 to 40 per coconut. Now prices begin at Rs 50.

This is the reason why the farmers are protesting.

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Farmer Unions' Demands

The farmer unions believe that the laws will open the sale and marketing of agricultural

products outside the notified Agricultural Produce Market Committee (APMC) mandis for

farmers. Further, the laws will allow inter-state trade and encourage hike electronic trading of

agricultural produce. The new laws prevent the state governments from collecting a market

fee, cess, or levy for trade outside the APMC markets; this has led the farmers to believe the

laws will "gradually lead to the deterioration and ultimately end the mandi system" thus

"leaving farmers at the mercy of corporates". Further, the farmers believe that the laws will

end their existing relationship with agricultural small-scale businessmen (commission agents

who act as middlemen (Arhtiyas) by providing financial loans, ensuring timely procurement,

and promising adequate prices for their crop).

Additionally, protesting farmers believe dismantling the Agricultural Produce Market

Committee (APMC) mandis will encourage abolishing the purchase of their crops at the

Minimum Support Price (MSP). They are therefore demanding the minimum support prices

to be guaranteed by the government in writing.

The Farmers' Demands Include:

• Convene a special Parliament session to repeal the farm laws.

• Make Minimum Support Price (MSP) and state procurement of crops a legal right.

• Assurances that conventional procurement system will remain.

• Implement Swaminathan Panel Report and peg Minimum Support Price (MSP) at

least 50% more than weighted average cost of production.

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 • Cut diesel prices for agricultural use by 50%.

• Repeal of Commission on Air Quality Management in NCR and the adjoining

Ordinance 2020 and removal of punishment and fine for stubble burning.

• Release of farmers arrested for burning paddy stubble in Punjab.

• Abolishing the Electricity Ordinance 2020.

• Centre should not interfere in state subjects, decentralization in practice.

• Withdrawal of all cases against and release of farmer leaders.

Protests

Anger against the three central farm legislations has been simmering since September. After

failing to garner support from their respective state governments, the farmers have decided to

mount pressure on the Union government, due to which they are coming to Delhi. While BJP

governments in UP and Haryana have failed to convince farmers, governments of Rajasthan

and Punjab have extended full support to their agitation. Farmers want the Union government

to either withdraw the three legislations or guarantee them the minimum support price (MSP)

for their crops by introducing a new law.

Protests are being led by Farm Unions, Under the coordination of bodies such as Samyukt

Kisan Morcha and All India Kisan Sangharsh Coordination Committee,

The Protesting Farm Unions Include:

• Bhartiya Kisan Union (Ugrahan, Sidhupur, Rajewal, Chaduni, Dakaunda) led by

Jagmohan Singh, Balbir Singh Rajewal, Gurnam Singh Chadhuni, Joginder Singh

Ugrahan.

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• Kisan Swaraj Sangathan in Indore.

• Jai Kisan Andolan led by Avik Saha and Dr Ashish Mital.

• All India Kisan Sabha led by Dr Ashok Dhawal, Hannan Mollah, Atul Kumar Anjaan

and Bhupinder Samber.

• Karnataka Rajya Raitha Sangha led by Kodihalli Chandrasekhar.

• National Alliance for People's Movements led by Medha Patkar.

• Lok Sangharsh Morcha led by Pratibha Shinde.

• All India Kisan Khet Majdoor Sangathan led by Satyawan.

• Kissan Mazdoor Sangharsh Committee.

• Rashtriya Kisan Majdoor Sangathan led by VM Singh.

• All India Kisan Mazdoor Sabha led by V Venkataramaiah.

• Krantikari Kisan Union led by Dr Darshan Pal.

• ASHA-Kisan Swaraj led by Kavitha Kuruganti and Kiran Vissa.

• Lok Sangharsh Morcha.

• All India Kisan Mahasabha led by Rajaram Singh and Premsingh Gehlawat.

• Punjab Kisan Union.

• Swabhimani Shetkari Sanghatana led by Raju Shetti.

• Sangtin Kisan Mazdoor Sanghatan led by Richa Singh.

• Jamhoori Kisan Sabha led by Satnam Singh Ajnala.

• Kisan Sangharsh Samiti led by Dr Sunilam, Satyawan Danoda.

• Terai Kisan Sabha led by Tajinder Singh Virk.

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Rail Roko

On 24 September 2020, farmers started a "Rail Roko" (‘stop the trains’) campaign, following

which train services to and from Punjab were affected.

Dilli Chalo

After failing to get the support of their respective state governments, the farmers decided to

pressure the Central Government by marching to Delhi. On 25 November 2020, protesters

from the Dilli Chalo (‘let us go to Delhi’) campaign were met by police at the borders of the

city. The police employed the use of tear gas and water cannons, dug up roads, and used

layers of barricades and sand barriers to stop the protesters, leading to at least three farmer

casualties.

Blocking of Border and Roads

A number of borders, including the Kundli Border, Dhansa border, Jharoda Kalan border,

Tikri border, Singhu border, Kalindi Kunj border, Chilla border, Bahadurgarh border and

Faridabad border, were blocked by protesters during the protests. On 29 November, the

protesters announced that they would block five further points of entry into Delhi, namely

Ghaziabad-Hapur, Rohtak, Sonipat, Jaipur and Mathura.

Kisan Parade

On 26 January, tens of thousands of the farmers protesting agricultural reforms held a parade

with a large convoy of tractors and drove into Delhi. The farmers drove in long lines of

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tractors, riding horses or marching on foot. The parade started from Sindhu Border, Tikri

Border and Ghazipur in Delhi on the routes approved by the Police. The farmers were barred

from entering the central part of the city where the official Republic Day parade was taking

place. At the Sindhu Border starting point, according to the police estimates, around 7000

tractors had gathered. Reuters reported citing farmers' unions that close to 200,000 tractors

had participated.

Challenges Faced by the Farmers

• Small and fragmented land-holdings:

The seemingly abundance of net sown area of 141.2 million hectares and total cropped area

of 189.7 million hectares (1999-2000) pales into insignificance when we see that it is divided

into economically unviable small and scattered holdings.

• Seeds:

Seed is a critical and basic input for attaining higher crop yields and sustained growth in

agricultural production. Distribution of assured quality seed is as critical as the production of

such seeds. Unfortunately, good quality seeds are out of reach of the majority of farmers,

especially small and marginal farmers mainly because of exorbitant prices of better seeds.

• Manures, Fertilizers and Biocides:

Indian soils have been used for growing crops over thousands of years without caring much

for replenishing. This has led to depletion and exhaustion of soils resulting in their low

productivity. The average yields of almost all the crops are among t e lowest in the world.

This is a serious problem which can be solved by using more manures and fertilizers.

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 • Irrigation:

Although India is the second largest irrigated country of the world after China, only one-third

of the cropped area is under irrigation. Irrigation is the most important agricultural input in a

tropical monsoon country like India where rainfall is uncertain, unreliable and erratic India

cannot achieve sustained progress in agriculture unless and until more than half of the

cropped area is brought under assured irrigation.

• Lack of Mechanisation:

In spite of the large-scale mechanisation of agriculture in some parts of the country, most of

the agricultural operations in larger parts are carried on by human hand using simple and

conventional tools and implements like wooden plough, sickle, etc.

• Soil Erosion:

Large tracts of fertile land suffer from soil erosion by wind and water. This area must be

properly treated and restored to its original fertility.

• Agricultural Marketing:

Agricultural marketing still continues to be in a bad shape in rural India. In the absence of

sound marketing facilities, the farmers have to depend upon local traders and middlemen for

the disposal of their farm produce which is sold at throw-away price.

• Inadequate Storage Facilities:

Storage facilities in the rural areas are either totally absent or grossly inadequate. Under such

conditions the farmers are compelled to sell their produce immediately after the harvest at the

prevailing market prices which are bound to be low. Such distress sale deprives the farmers

of their legitimate income.

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 • Scarcity of Capital:

Agriculture is an important industry and like all other industries it also requires capital. The

role of capital input is becoming more and more important with the advancement of farm

technology. Since the agriculturists’ capital is locked up in his lands and stocks, he is obliged

to borrow money for stimulating the tempo of agricultural production.

Farmers are committing suicide since the 1970s, often by drinking pesticides, due to their

inability to repay loans mostly taken from private landlords and banks. The National Crime

Records Bureau of India reported that a total 296,438 Indian farmers had committed suicide

since 1995.

Recent Social Media Intervention

The protest gained international support from Victoria Member of Parliament Rob Mitchell

and Russell Wortley were among the Labour leaders who spoke in support of the farmers'

protests, Justin Trudeau Prime Minister of Canada expressed concerns about the supposed

mishandling of protests by the Indian government, Indian New Zealanders protested in

Auckland's Aotea Square against the new agricultural laws.

Hashtags are also being used by youth to show their support and ensure that their hashtags

like #FarmersProtest, #standwithfarmerschallenge, #SpeakUpForFarmers, #iamwithfarmers,

#kisanektazindabaad, #tractor2twitter, #isupportfarmersare.

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In early February a "social media war" erupted after a tweet by Rihanna saying "why aren’t

we talking about this?!" with the hashtag #FarmersProtest. Numerous celebrities and

international figures came out in support such as Meena Harris, Greta Thunberg, Jim Costa,

Lilly Singh, Rupi Kaur, Russ, Claudia Webbe, Jamie Margolin, Elizabeth Wathuti. Following

this the Indian Ministry of External affairs came out with a clarification statement with the

hashtags #IndiaTogether and #IndiaAgainstPropaganda. Indian celebrities such as Akshay

Kumar, Ajay Devgn, Suniel Shetty, Karan Johar, Ekta Kapoor, Lata Mangeshkar, Kailash

Kher, Ravi Shastri, Anil Kumble, Sachin Tendulkar, Virat Kohli, Rohit Sharma, Shikhar

Dhawan, Ajinkya Rahane, Gautam Gambhir, Suresh Raina, P. T. Usha, Manika Batra, Saina

Nehwal, Geeta Phogat also posted tweets with the hashtags #IndiaTogether and

#IndiaAgainstPropaganda. Sikh farmers in California's Central Valley funded a 30-second ad

which ran during Super Bowl LV in support of the protesters in India.

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Conclusion

In the words of Former Prime Minister Manmohan Singh

"We need a second green revolution, making use of modern advances, for that we need to

revitalize India's research agricultural system, India's extension system, India's credit system.

The more we commercialize our agriculture, the more our farmers need access to commercial

inputs and that was a modernization of our agriculture credit system. There are other

rigidities because of the whole marketing regimes set up in the 1930s which prevent our

farmers from selling their produce where they get the highest rate of return. It is our intention

to remove all those handicaps which come in the way of India realizing its vast potential as

one large common market."

On 8 February 2021, in the Rajya Sabha, Prime Minister Modi referenced this interview of

Manmohan Singh and said - "Manmohan Singh talked about it but Modi is having to do it

now. Be proud". Prime Minister Modi has referred to the second agricultural revolution.

The farmers will earn better income as they get to dictate their own price and do not have to

pay transportation charges anymore. Competition is the best protector of stakeholders

whether it is a consumer or farmers. Although the role of middlemen (Arhtiyas) is not going

to end completely, their hold on the trade will not be as strong.

Even though, the Kisan Protest is getting a lot of national as well as international support, the

longer this protest is extended the violent it will become.

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 Bibliography

• Wikipedia https://en.wikipedia.org/wiki/Main_Page

• National Herald India https://www.nationalheraldindia.com

• Indian Express https://indianexpress.com

• Self-Study Mantra https://www.selfstudymantra.com

• Scroll https://scroll.in

• Vyapar https://vyaparapp.in

• The Hindu https://www.thehindu.com

• Your Article Library https://www.yourarticlelibrary.com

• Archive https://archive.org

• Google Scholar https://scholar.google.com

• Google Books https://books.google.com

• Microsoft Academic https://academic.microsoft.com

• Statista https://www.statista.com

• Outlook Edition Dec-2020 Pg. 35-39

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