Farmers: The Sandwich of Political Parties || The Ordinances 2020 || Rajya Sabha Controversy || The Decisive Role of Media...

 Farmers: 

The Sandwich of Political Parties

Hey Friends! How have you been? 

These days, one of the things, in my opinion, that is being ignored is the community of farmers. So many protests are going on in the country (mainly concentrated in northwestern India) but all of this is not in our criteria of priorities. The image given below is truly accurate that people only can stand against this type of inhumanity but everyone will try to distract you but we'll have to stand united. We have a community called farmers that is being sandwiched between the government and the opposition. Allegations are put by all and solutions by no one. These might help political parties grow but all of this circle will end in farmers being excluded and their emotions being misused.

In this Case Study, we will first understand what are the ordinances that are being debated... Then, we will look at what both sides say and then it's completely your choice, which side to pick?

The Current Scenario

The bills have been passed by both the houses though Rajya Sabha's matter was a lot controversial. All that occurred in September 2020 about which we shall discuss in brief later in this post.

Harsimrat Kaur Badal, the Food Processing Industries Minister, resigned on 17 September 2020, as a protest against two farm sector bills. And the resignation was accepted by President Shri Ram Nath Kovind, the very next day. This developed a huge conflict between the NDA and the Shiromani Akali Dal (though all this conflict was not accepted by any of the parties)... As of now, Narendra Singh Tomar has been appointed as the new minister in addition to his existing portfolios.

On 10 Sept 2020, BKU's (Bhartiya Kisan Union) protests were declared illegal in the name of Corona and this lead to a tractor march done by the farmers... Still, the bill passed in Rajya Sabha and now has almost become an act.

The Protests

All these protests were going on because of three ordinances announced on 5 June. The ordinances- Farmers' Produce Trade and Commerce (Promotion and Facilitation), Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Service Ordinance, 2020, and an amendment in the Essential Commodities Act, 1956- are believed to be 'anti-farmers' (as said by the Opposition).

The Role of Lenders

Let's go into some past. Shortly after the Independence, farmers had to suffer a lot because of moneylenders and traders. They had no way of going directly into the market and they had to sell their products through the traders and lenders. It mostly kept them perpetually in debt. Then, the government came up with an idea of APMC (Agricultural Produce Market Committee) which is also meant as one of the keys in the success of the Green Revolution in 1965s and these ordinances mostly affects those states which had flourished due to the agricultural economy that drastically went up in the 1960s, mostly in Punjab, Haryana and Western Uttar Pradesh. This was because farmers could now sell their crops to the government directly and that too, on a Minimum Support Price (MSP), declared by the government every year. Here came a new group of people called the middlemen (traders or अढ़तिया ) that helped farmers sell their crops in the APMC. Some of them here too, tease the illiterate farmers while many are cooperating and have established good links with them.

Are APMC(s) Flawless?

There is no denial in the fact that there are uncountable advantages of APMC. But there are many disadvantages. But let's talk what really APMC is?

APMC was basically set up in around 1965 that established a chain of markets around the country and mostly in the Green Revolutionary States. Then they came under State APMCs later. But at that time, many mandis were set up all around the country which was a big deal for farmers. First, they had the choice if any private trader is interested in his products and if the farmer is also happy with the price, he is free to sell his products. But if the farmer has no choice left, he can come to the APMC and sell the products at a minimum price...

This was a big deal and a win-win situation for the farmers. These APMC(s), too, were like regulated mandis. But this doesn't mean that it was the solution to everything. It developed cracks and flaws in it over a long period. 

APMC (Vashi In Navi Mumbai)

This Market Committee had a concentration of power of giving traders a license. And in some period, 'License Raj' was also established.

These Licensed Commission agents started procuring the produce from the farmers and eventually formed cartels and groups of people dealt with one another. This led to a loss that farmers had to suffer every year.

The Ordinances 2020

The Ordinances of 2020 are basically based on the same topic we discussed until now. This promises to bring farmers under one market and therefore, establishing a sort of slogan, 'ONE NATION, ONE MARKET'.

Let's Discuss These...

1. Farmers' Produce Trade and Commerce (Promotion and Facilitation)

The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020, does not do away with the APMC (Agricultural Produce Market Committee) system but restricts it to “physical space of the market”, with transactions made outside of this area exempted from any taxes or fees associated with the APMC.

Through a “barrier-free trade of farmers’ produce” outside the markets notified under the various state agricultural produce market laws (state APMC Acts)”, this ordinance is “another milestone in the path of freeing up Indian farmers from the license-permit raj”.

With its three-pronged governing technique, which limits APMC laws to market yards, allows private parties to set up online trading platforms and a “dispute-resolution mechanism for buyers and farmers to be operated by a sub-divisional magistrate”.  

2. Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Service Ordinance, 2020

The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Ordinance essentially talks about contract farming that allows farmers to sell their produce outside of the APMC via a “framework for farmers to enter into direct contracts with those who wish to buy farm produce”.

Overriding all state APMC laws, the ordinance gives way to a “farming agreement prior to the production or rearing of any farm produce” with a sponsor. 

The ordinance notes that there must be a duration for the agreement between the farmer and the sponsor, for example, “one crop season, or one production cycle of livestock” with the maximum period being five years. In this agreement, the price of the purchase must also be mentioned. 

In the existing APMC system, farmers must go through a trader to sell their products to consumers and companies. And it is this very system that has given rise to a cartel led by traders and uncompetitive markets.

3. The Amendment in the Essential Commodities Act, 1956

The original Essential Commodities Act (ECA), 1956, originally empowers the government to control the production, supply, distribution, trade, and commerce in certain commodities. The Amendment now aims to protect the farmers' income and consumer's interests as well. 

However, this isn’t the first time an amendment has been made to the law. It had been amended two times to ensure that the government could continue with these powers.

The amendment constitutes a new sub-section (1), which overrides Section 3, by limiting the powers of both central and state governments in regulating and imposing stock limitations on commodities. 

Regulations can now be imposed only in extraordinary circumstances that include war, famine, extraordinary price rise and natural calamity of grave nature. 

The second change in the amendment notes that a price rise can dictate regulations with a 100 per cent rise for vegetables and a 50 per cent rise for lentils and cereals. 

However, both of these decisions are left to the state governments’ discretion. 

While imposing stock limits is only a part of Section 3 that the ordinance deals with, there are other provisions in this Section such as “banning transportation, forcing sales at a below-market price, making trading in a commodity illegal, demanding licenses or bonds before trading, and many more” that remain unmentioned. 

The Favour of The Ordinances/ The Government's Points

In brief, the ordinances govern these transactions in three ways:

(1) It limits the operation of APMC laws by states to the market yards.

(2) It allows private parties to set up online trading platforms for trading in agricultural commodities.

(3) It sets up a dispute-resolution mechanism for buyers and farmers to be operated by a sub-divisional magistrate.

The principal feature of the ordinance is that it does away with the requirement for farmers to necessarily use APMCs. So far, while some states exempt farmers from using APMCs, they may still force the farmer to trade with only APMC-licensed traders and pay fees to the APMC.

The ordinance clarifies that when a transaction is done outside the physical limits of an APMC yard, there will be no licensing or fee requirements. Anyone will be able to buy directly from the farmer and not be required to pay any fees to the APMC.

The law also allows private entities to set up electronic trading platforms for farm produce, which can be inter- or intra-state. The central government may specify rules of operation, but there are no licensing requirements to set up markets.

Finally, it sets up a dispute resolution system for buyers and farmers. However, instead of using normal judicial systems, disputes are to be adjudged by executive magistrates in the district.

Courtesy- The Print (Article 1 and Article 2)

The sections after The Ordinances 2020 were described in detail is mostly the work of THE PRINT. The language that should be used to describe these ordinances is lawful and minor amendments from my side may even make it a part of fake news. So, to bring the best from my side, the paragraphs that described all the Ordinances in detail has minute amendments and brings the best piece of work to you from a reliable source, THE PRINT. If any mistakes, then there lies a serious apology from my side. The Links have been shared for both the Articles. 

The Opposition Point of View

Until this moment, we discussed what purpose these ordinances serve and why were they made for. This can be taken as the Government's point of view. But why are actually farmers protesting? There should be some points related to that and there are. Let's see why the opposition and pressure groups were opposing this law.

1. The Spirit Of Democracy- Agriculture and Markets are State Subjects (entry 14 and 28 in List II respectively). Therefore, these ordinances are claimed to have been trespassed upon the functions of the state and the spirit co-operative federalism mentioned in the constitution. Whereas, the govt. says that trade and commerce are a part of the Concurrent list, giving the government the constitutional priority
2. The End Of MSP (Minimum Support Price)- The First Ordinance removes the barriers for interstate commerce and trade for farmers and provides a framework for electronic trading of agricultural produce. It prohibits State governments from collecting a market fee, cess or levy for trade outside the APMC markets. Critics view the dismantling of the monopoly of the APMCs as a sign of ending the assured procurement of food grains at minimum support prices (MSP). I actually believe this is true. When farmers are free to sell to private traders outside the state, Multinational Companies and Private Corporate Entities will start approaching farmers. Farmers may not be willing to sell their products to the Private Corporate Entities but the Entities, being influential, may politically and financially harass the farmers. If MSP ends, it will lead to the destruction of the chains of APMCs and many organizations such as CCI (Cotton Corporation Of India), FCI (Food Corporation Of India).
3. Price Fixation Problem- The  Price Assurance Bill, while offering protection to farmers against price exploitation, does not prescribe the mechanism for price fixation. If Private Entities are sent freely, it could lead to farmer exploitation. Critics are anxious about formal contractual obligations, keeping in mind the unorganised nature of the farm sector and lack of resources, farmers won't be ready for a legal battle with private corporate entities if something goes sideways.
4. The Deregulation of Food Items- The Essential Commodities (Amendment) Ordinance removes cereals, pulses, oilseeds, edible oils, onion and potatoes from the list of essential commodities. The amendment will deregulate the production, storage, movement and distribution of these food commodities. 
5. The Increase In Food Insecurity- Punjab Chief Minister Amarinder Singh, on the easing of regulation of food items said, it would lead to exporters, processors and traders hoarding farm produce during the harvest season, when prices are generally lower, and releasing it later when prices increase. He said it could undermine food security since the States would have no information about the availability of stocks within the State. This all may lead to higher food insecurity, privatization of the farm sector and black marketing. 

These five were the basic points of the opposition. After both points have been discussed, it's on the reader on whom to support. 

The Rajya Sabha Controversy

On 20 September 2020, when the Rajya Sabha was held to discuss on the farm bills, a controversy came into the picture. What actually happened that day? 

At around noon, the deputy chairman Harivansh put the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020 to vote, and set the voting deadline at 1 pm.

On this, the opposition, mainly, Congress leader Ghulam Nabi Azad demanded to postpone the voting to Monday to discuss the aspects of the bill. Whereas, the government demanded to put the bill immediately to vote after Union Minister Narendra Singh Tomar's speech.

The way of voting to be conducted was through voice vote. In this, the members of the Sabha shout 'ayes' or 'nos' and the voice which is louder is taken as the decision for the bill. It generally happens when the speaker knows what could the result be and any of the groups, either 'ayes' or 'nos', has a clear majority in this. But the case was different. This type of vote could be challenged by a way of division of votes even if a single member of the house challenges it.

When opposition's demands were not heeded or paid attention, a ruckus followed with opposition intruding the well of the house.

Derek O' Brien, AITC MP, then, flashed the parliamentary conduct rule book to demand a division of votes, or by pressing the button. DMK MP Tiruchi Siva also flung the rule book towards the well from far behind. 

Derek O' Brien In Front Of The Chairman

Amidst all this, Rajya Sabha TV stopped broadcasting the proceedings and the microphones of all members were muted. However, some footages from mobile phones where O' Brien can be seen tearing the rule book (which he denies with full confidence). In the meantime, the AAP leader Sanjay Singh is seen standing on the table of the secretary-general.

The opposition MPs claimed that they were forced to record the proceedings as there was no way they could get their word out from the time when the broadcast was stopped. 

In the end, it was unclear amidst the noise as to how the deputy chairperson reached the conclusion that there were more “ayes” than “nos”. Many in the opposition claimed that the government would have lost the vote if a division of votes was allowed. 

Eight MPs were suspended and in the next four hours, without strong opposition, seven bills were passed.

The Chairman denies that not accepting the division of votes was undemocratic because the MPs were not in their seats. Whereas, two Congress MPs were flashing the rule book from their seats.

The Decisive Role Of Media

Amongst all this, the media was a lot busy in solving a case which is already handed to the best Investigation Committee in India, Central Bureau of Investigation (CBI). In the race of TRP, everyone forgot what's actually happening in the country. Every day, more than a thousand people were dying. Media is meant to be the fourth pillar of democracy but it sidelined everything just for some small measures to gain advertisers. The community of farmers had been protesting but only headlines were shown which mostly all people ignore. There's a conflict going on between Azerbaijan and Armenia and it can affect the whole world, if extended on a large scale but no news about that. What media shows is popularised all over the country and people shape their opinions in the same way. Media is a type of an influencer that can totally change one's idea of thinking and that's what was misused. Maybe farmers would've got more support, JEE/NEET aspirants would have got more time, a lot more development could have been done with just one step of media. These times are grave and are going to be graver, then why to sideline them? 

Conclusion/ My Opinion

I won't actually tell the side I support. After all, the future of the ordinances is just a prediction. If these go wrong, farmers will perish, if these go right, the farmers will earn. It's all about people and not parties. The allegations put on the opposition that this is done for just vote banks, that I don't agree with. Pressure groups will definitely go against the government. But if they are actually spreading Fake news amongst the farmers, then that's wrong.  If there was a mistake in the article or if you don't agree with my opinions, you're free to write them in the comments.

Well, in my true opinion, when the Rabi season comes and with the given circumstances, there will be large protests if anything goes sideways!! Punjab and Haryana will be the most affected ones and the reason is much clear to us till now...

Everything is all about Perspective and that fluctuates!

Let's talk about Your Perspective In The Comments

STAY SAFE.

In the End, 'Enjoy Reading'.

Research- 1.The Print       

2. The Hindu    

3. The Wire       

4. Dhruv Rathee

And Many More...

By- Abhinav Srivastava