“Lawyers of the Country feel that while the Government has hurriedly drafted the Farmers Act, the earlier laws also require relook and the flaws in the same may be corrected at the earliest in consultation with the Farmers Association to ensure the maximum benefits to the farmers’ community”.
By- Anish Khondo 5th year Law Student at Christ University, Bangalore
The lawyers of the country have expressed its concern regarding the Government’s action on drafting Farmers Act and to “take concrete steps to resolve the Farmer’s agitation over the various clauses of Farmers Act, the earlier laws also require relook and the flaws in the same may be corrected at the earliest in consultation with the Farmers Association to ensure the maximum benefits to the farmer’s community”.
According to the Bar Council of Delhi, Farmers Acts should only be adjudicated by a special court presided by an additional district judge instead of an executive authority.
The main concern over here is that “the legal fraternity is though mainly on the issue of adjudication of the disputes of the farmers by executives who always work under the thumb and pressure of the Government and as such the farmer community will always remain at their mercy”.
The said drafted Farmers Act by the Government is said to be “highly deplorable as it goes to the roots of the Constitution which empowers every citizen to come to the Court for adjudication of any kind of dispute through the Judicial System which is the third wing of Democracy”.
Hence, the legal fraternity oppose the actions of the government and to withdraw the said draconian law and restore the rights of the farmers to get justice from the Courts as provided under the Constitution.
Few basic proposals made by the legal fraternity was following changes to be made by the Government for consultation with the farmer’s community were as follows:
1. All Essential items including Onion, Potato and Tomato should not be excluded from the Essential Commodities Act.
2. More and more warehouses are established in every block so that the farmers who do not want to sell their all produce, can store the same for some time.
3. Payment for crops of any kind including sugarcane be not delayed for more than 15 days.
4. The Private traders should purchase the same 5% above MSP and all amount should be paid by RTGS at the time of procurement.
The penal clause be provided for giving any less amount or less measurement which should provide punishment for 3-5 years and confiscation of property of the trader for realisation of the dues of the Farmers.
The subsidy in Electricity should continue and the MSP should be calculated after calculating all expenses incurred on maximum basis coupled with reasonable profit.