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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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INTRODUCTION

The Agriculture Sector is the livelihood of the Indian economy. Its Contribution to the Indian

economy is approximately Rs. 19.48 Crore in the financial year 2020, and about 18% of the

share of the total value of the Country’s Export1. The current standoff between farmers and the

government continues even after a few rounds of discussion2. The proposal was given by the

government to repeal the three agriculture-related acts passed in September. They were – The

Farmer’s Produce Trade and Commerce (Promotion and Facilitation) ordinance, 20203, The

Framers (Empowerment and protection) Agreement on Price Assurance and Farm Services

ordinance, 20204, and The Essential Commodities (Amendment) Ordinance, 20205. On the

controversial issues of registration of private traders, levy of taxes on the trade outside the

Agricultural Product Market Committee (APMC) mandis, the government has proposed the

amendments which will empower the states to frames the rules on the debatable issues.

However, by using the data from the Ministry of Agriculture and Farmers Welfare, Ministry of

Commerce and Industry, Agriculture census of India (2011) and the situation Assessment

survey of the National Sample Survey Office (NSSO) (2013) shows the picture of the

agriculture sector relate with the farmer’s protest and situation underlying in the agriculture

market6.

We realize there is a lot of serious concerns that have raised over these bills to the deficit of

farmers, there is a need to examine the history of the reforms, programs are undertaken by the

farmers and how they used their power for the farmers. However, the farmer unions have

rejected the proposal and demand to repeal the three Acts along with making MSP a guarantee.

In this article, the authors aim to present the issues of the farmers and current situation of them.

How there has been violation of human rights by state when there was protests are going on in

all over country. By analyzing the current situation, we feel if these bills will be implicated

1Arpan Chaturvedi <https://www.bloombergquint.com/amp/law-and-policy/farmers-protest-the-right-to-protest-

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

<“indrastra.com/2017/07/PAPER-Deconstructing-Enigma-of-Recent-Farmers-Protests-in-India-003-07-2017-

0046.html > accessed on 24th April 2021

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then there will be a rise in the cost of cultivation but there will be 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. This bill will not only affect the farmers but it will also

affect the citizen’s pockets as well.

KEY ISSUES OF DISPUTED FARMER’S BILL WITH CLARIFICATION BY

GOVERMENT

As we have seen in the above paragraph, these bills can bring various challenges to the farmer's

income. It won't only bring the issues related to their livelihood, but it will also affect the

economy of the country. However, the government mentioned that these ordinances will help

the farmers to move free and more flexible. But in this issue, the farmers mentioned that these

ordinances are trying to take away the Minimum Support Price and destructing the monopoly

of the APMC mandis. The dread is that once the APMC system implodes, the Private

merchants, commission specialist will likely price below MSP. The farmers said that the bill

prompts the obliteration of labourers 7.

The Farmer’s Produce Trade and Commerce (Promotion and Facilitation) ordinance, 2020:

This Act is structured in such a way where it provides an interaction for farmers and traders to

do the business directly which avoid the middlemen in between. In this bill farmers now can

sell their output crops anywhere from the field, warehouse, or any storage place where the

crops can be stored, outside APMC and Mandis 8. By the amendment in this act, the farmers

will not be able to charge any tax or any transportation cost for their produce crops. There are

various types of electronic gadget for farmers like E-NAM provides electronic trading

facilities, where the farmers can reach out for their best prices and they would generate the

profit from that device9. Through this electronic medium, their communication with other

producers and merchants became transparent and their effectiveness & efficiency will increase

in the market.

7Kakoli Nath, “Agriculture Ordinances” <https://blog.finology.in/protests-and-riots/farmers-protest-against-

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)

<https://www.humanrightspulse.com/mastercontentblog/farmers-protests-in-india-lead-to-unconstitutional-

internet-shutdown>accessed on 2nd May 21

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wanted to move forward” 24. According to the Report in the Indian Express, all those arrested

were farmers protestors. 25

There were recent Judgements stated that access to the internet is the fundamental right that is

protected in the Constitution of India. Where they said that the temporary suspension of

Telecom Services 26 in shutting down the internet services. Although, this shutdown is called

the legalise on the grounds of national security, public order or public health.

In the Case of Anuradha Bhasin 27 the court stated that there were the Justification measures

on internet shutdown which must be comparable to achieve. Here, the court also observed that

the internet Shutdown is typically lopsided to their real point.

According to Specific Principle28, Shutdown orders should be vital for a popularity-based

society. This internet blockage in response to the farmer’s fight didn’t adjust to a squeezing

social need, not it was totally important as it banned the vast majority from utilizing internet

services. Thusly, it didn’t accomplish the real point which it looked to accomplish.

In this situation, the farmers had committed suicide which reported from many states such as

Andhra Pradesh, Karnataka, Maharashtra, Kerala, Punjab, Rajasthan, Orrisa and Madhya

Pradesh 29

Police Brutality at the Time of Farmers Protest:

In this protest the authorities said that the police should stop threatening, diminishing, and stop

arresting the peaceful protesters, and stop treating them with brutality there were approximately

200 people detained after the Republic Day30 there was a tractor rally by the farmers where the

law has imposed like sedition and Unlawful Activities Prevention Act 31 have been used to

prevent on protesters.

24<https://scroll.in/latest/985488/singhu-border-violence-man-who-attacked-policeman-with-sword-among-44-

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-

asia-india-55817628> accessed on 6th June, 2021 31 Unlawful Activities Prevention Act, 1967

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However, on this police brutality the Editors Guild of India, The Press Club of India, the Indian

Women’s Press Corps, and the Indian Journalists Union reports without permission have

released all the statements for the Framer’s Protest32.

However, for the farmer’s protest, Michelle Bachelet’s criticised the Government in New Delhi

over the human rights violations33. For the Republic Day violence, one of the representatives

of the United Nations in Geneva said that the statement has been released on the behalf of the

Government of India at the 46th Session of the United Nations Human Rights Council. Hence,

the Bachelet criticised those charges on the sedition against journalist were disturbing

withdrawal from essential human rights principles”.

JUDICIAL REVIEW ON THE FARMER’S PROTEST

According to the Former Chief of India Ranjan Gogoi 34 “there is post-retirement appointment

is itself a scar on the Judicial operations of the Judiciary as it said as valid and strong point”

For this farmers protest, on 12th January the Supreme Court of India suspended the farm Laws

because it said that these matters are related to Life and death because this protest harmful to

the citizens as well as the environment of the country but for this, the court is trying to solve

the problem in the better way35.

However, in the case of Maneka Gandhi 36This case, it ruled that the citizen must have the right

to participate in the democratic process, which allows in exercising that right to make choice

as well as free and general discussion made on the essential public issues. From the legal

perspective, the constitution of India guarantees the right to peaceful protest which are

mentioned in Article 19 though the word ‘Protest’ has not been mentioned explicitly.

32 Supra Note 30 33Anirban Bhaumik, “India slams Michelle Bachelet’s remark on Framer’s Protest “(2021)

<https://www.deccanherald.com/national/india-slams-michelle-bachelets-remark-on-farmers-protest-

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

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CONCLUSION

According to the Principle, said that all coins have two sides. They are Heads and tail. So, this

same principle applied three bills have both Positive and negative side which affects Human

Rights. Farmer organizations are organizational mechanism marshalling for farmers collective

action improving their economic and social situation. Unfortunately, these bills are not filling

the basic demand of farmers due to lack of market intelligence, poor governance of collective

action poor organizational skills. These issues are leading the farmers to raise their voice

against the state. However, these protests are going on, but there was no conclusion drawn by

any side. The farmers want the new laws to repeal, and they do not want to confer their rights

which seen in the Protest. Although, the Government has assured MSP to the farmers while the

government was addressing the nation recently.

From the author’s perspective in the current scenario, the government purchase the grains from

these mandis at the price of MSP and sell them to the people to the vulnerable class with

maximum subsidies under the National Food Security Act (NFSA). So, if the government will

not purchase this good then it will affect the two-third of India. It will also affect the citizen’s

pockets. By this, one can say that laws cannot be introduced without referring to the interest

groups. In our opinion, the government should empower the state farmers commission and give

subsidies for the development of agricultural infrastructure. It can strengthen the competition

so private players cannot take undue advantage of consumers.

For the Internet Shutdown, it said that the absence of internet services, is the risk of violence

is higher because the instruments required to manage misinformation which remain stable. The

responsibility should be to show the accurate protest as this internet would also spread certain

information which is not accurate due to this the protest makes higher way. As the global leader

of the shutdown tells those human rights is the basic feature of democracy which give the

freedom of speech and expression as well as other human rights & constitutional rights.

From our Authors point of view, we can say that farmers bills have seen a promising effect on

the papers, but in practical life, it raises difficulties in the farmer’s life.

“Human Right plays an important role in our country; so, the state should wake up from their

inactive situation and ensure justice and embrace farmers to protect the real development of

this country.”

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BIBLIOGRAPHY

Primary Sources:

Indian legislation

The Constitution of India, 1956

The farmers Produce Trade and commerce (Promotion and Facilitation) Act, 2020

The Framers (Empowerment and Protection) Agreement on Price Assurance and Farm

Service Act, 2020

Essential Commodities (Amendment) Act, 2020

Conventions

The International Covenant on Civil and Political Rights 1976

The United Nations Declaration on the Rights of Peasants and other people working in

rural areas 2018

Article Referred

Arpan Chaturvedi https://www.bloombergquint.com/amp/law-and-policy/farmers-protest-

the-right-to-protest-vs-public-inconvenience

India Brand Equity Foundation https://www.ibef.org/industry/agriculture-india.aspx

Kakoli Nath, “Agriculture Ordinances “https://blog.finology.in/protests-and-riots/farmers-

protest-against-agriculture-ordinances

The 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

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

Kirpen Dhailwal, “Critical Analysis on the Farmers Bills, 2020

“https://lexforti.com/legal-news/farmer-bills/?amp

National Agriculture Market, Breakup of Stakeholder in e-NAM, available at

https://enam.gov.in/web/dashboard/stakeholder-data.

Amnesty International, “India: Government must stop crushing Farmer’s Protests and

demonizing Dissenters” (2021) https://www.amnesty.org/en/latest/news/2021/02/ India:

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Government must stop crushing farmers’ protests and demonizing dissenters | Amnesty

International

Anirban Bhaumik, “India slams Michelle Bachelet’s remark on Framer’s Protest “(2021)

https://www.deccanherald.com/national/india-slams-michelle-bachelets-remark-on-

farmers-protest-956160.html

Scar on Judiciary, ‘What Ranjan Gogoi said in 2019 on Post -Retirement Appointment of

Judges” (2021)https://www.outlookindia.com/website/story/india-news 'Scar on

Judiciary': What Ranjan Gogoi Said In 2019 On Post-Retirement Appointment of Judges

(outlookindia.com)

The Deol Foundation, “Let’s Stop A Crisis Becoming A Humanitarian Disaster

“(17/02/2021)

Minority 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

Minority 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>

United Nations Human Rights office of the High Commissioner “International Covenant

on Civil and Political Rights”

<https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx>

Sonal Rawat and Dritih Ganjoo, “Farmer’s Protests in India lead to Unconstitutional

Internet Shutdown “(2021)

<https://www.humanrightspulse.com/mastercontentblog/farmers-protests-in-india-lead-

to-unconstitutional-internet-shutdown>