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The Constitutional Validity of the Farm Laws in light of the Indian Farmers' Protest of 2020-21

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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 encouage hike electronic trading of agricultural produ

1:Introduction

The 2020-2021 Farmers' protest is an ongoing protest by the farmers of India against the passing of the three farm Acts (Formerly Bills), which were passed by the Parliament of India on the 27th of September, 2020. These Acts, namely:
Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act; Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act ; Essential Commodities (Amendment) Act have been the subject of a long debate as these Acts have described as Anti-Farmers' which would lead the farmers to be left at the 'Mercy of the Capitalists'. Soon after the Acts were introduced, a massive number of Farmers' Unions have begun holding protests mostly in Punjab and Haryana. On 30th of November 2020, more than 250000 had been converging at numerous border points around the National Capital Territory.

The Farmers' Union and their representatives have a single demand, which is, the total scrapping of the three Farms Acts effective immediately and have also rejected the stay order by the Supreme Court of India and the appointment of a Supreme Court appointed Committee. It is to be noted that till now, a total of nine rounds of dialogues between the Unions and the Government have taken place and not a single one of them has proved conclusive. However, the Government still remains adamant regarding the implementation of these Acts and so are the Farmers of the Nation, against them.{1}

2: What are the farm laws for which farmers are protesting ?

These laws are the Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, and The Essential Commodities (Amendment) Act.The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act provides for setting up a mechanism allowing the farmers to sell their farm produces outside the Agriculture Produce Market Committees (APMCs). Any licence-holder trader can buy the produce from the farmers at mutually agreed prices. This trade of farm produces will be free of mandi tax imposed by the state governmentsThe Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act allows farmers to do contract farming and market their produces freely.{2}

3: What is the new agricultural policy 2020?

Essential Commodities (Amendment) Act, 2020:

It removes cereals, pulses, oilseeds, edible oils, onions and potatoes from the list of essential commodities. It will deregulate the production, storage, movement and distribution of these food commodities.
It will also remove stockholding limits on such items except under extraordinary circumstances. The central government is allowed regulation of supply during war, famine, extraordinary price rise and natural calamity of grave nature and annual retail price rise exceeding 100% in horticultural produce (basically onions and potatoes) and 50% for non-perishables (cereals, pulses and edible oils), while providing exemptions for exporters and processors at such times as well.
It requires that imposition of any stock limit on agricultural produce be based on price rise.
It will allow agribusinesses to stock food articles and remove the governments ability to impose restrictions arbitrarily.{3}

4: What are the three types of farming in india explain ?

Farming systems in India are strategically utilized, according to the locations where they are most suitable. The farming systems that significantly contribute to the agriculture of India are subsistence farming, organic farming, industrial farming.Regions throughout India differ in types of farming they use; some are based on horticulture, ley farming, agroforestry, and many more.Due to India's geographical location, certain parts experience different climates, thus affecting each region's agricultural productivity differently. India is very dependent on its monsoon cycle for large crop yields. India's agriculture has an extensive background which goes back to at least 9 thousand years. In India, in the alluvial plains of the Indus River in Pakistan, the old cities of Mohenjo-Daro and Harappa experienced an apparent establishment of an organized farming urban culture. That society, known as the Harappan or Indus civilization, flourished until shortly after 4000 BP; it was much more comprehensive than those of Egypt or Babylonia and appeared earlier than analogous societies in northern China. Currently, the country holds the second position in agricultural production in the world. In 2007, agriculture and other industries made up more than 16% of India's GDP. Despite the steady decline in agriculture's contribution to the country's GDP, agriculture is the biggest industry in the country and plays a key role in the socio-economic growth of the country. India is the second-largest producer of wheat, rice, cotton, sugarcane, silk, groundnuts, and dozens more. It is also the second biggest harvester of vegetables and fruit, representing 8.6% and 10.9% of overall production, respectively. The major fruits produced by India are mangoes, papayas, sapota, and bananas. India also has the biggest number of livestock in the world, holding 281 million. In 2008, the country housed the second largest number of cattle in the world with 175 million.{4}

5: Conclusion

Truth be told, Agrarian distress has been persistent in India due to a number of factors including low productivity, lack of storage and transport facilities, heavy indebtedness and fragmented landholdings. Subjecting the fate of farmers to the vagaries of market forces cannot be the only way to uplift the agriculture sector. Stability is required in the agricultural sector, while the new model would only add to pre-existing price uncertainty through market forces.The farmer never gets to determine the price of his agricultural produce be it in the previously established system or the new system. The price is always agreed on by someone else and is subjected to drastic fluctuations. The apprehension of the parties concerned and the reassessment of the current policies are urgently needed Experience from other nations has revealed that corporatization of agriculture could further instigate the depression of the farmers.Replacement of one flawed model with another flawed model is not the solution but critics believe that there is a need to plug the loopholes instead of introducing a new system altogether. A similar system has already been introduced in America and some European countries where it has failed miserably, we can only hope this does not happen in India and government will not repeat those mistakes.Right now, there can be two scenarios which are, farmers' revenue doubles, as the government has said, or their circumstances worsen, as the farmers fear. While the Government's purpose is praiseworthy, we will be able to see the results only after a few years. History shall be the best of Judges.

6:Citation

1: Aabir ," Introduction " available at: https://www.legalserviceindia.com (last visited on December 1,2023)

2: Wikipedia,"What are the farm laws for which farmers are protesting " available at: https://en.m.wikipedia.org (last visited on December 1,2023)

3: Byjus, "What is the new agriculture policy 2020" available at : https://byjus.com (last visited on December 2,2023)

4:Aabir, "What are the three types of farming in india explain " available at : https://www.legalserviceindia.com (last visited on December 2,2023)

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