-- RVR
What is common to the average Indian
farmer, private school teacher and housewife? Well, we view them mostly as a struggling
and unrewarded lot for ever. For them, a well-deserved redemption is not easily
imagined – not even by themselves, as the protesting Punjab and Haryana farmers
show.
What is unique about the farmers’ agitation
at borders of Delhi, now running for 49 days?
In a democracy, people may protest when
their rights are restricted or when they ask for more. Here a group of farmers agitate
against three new central laws that enlarge farmers’ rights nationwide, liberating
them from existing restrictions on the trading of what they grow. This is
unique. And perplexing. And tells us more if we look deep.
You have been reading and hearing the abbreviation
‘APMC’. What is an APMC, what does it do? The answer helps us understand more
about the ongoing farmers’ agitation.
Under the Constitution, States have exclusive
power to enact laws on some subjects for their territories (e.g., public
health and sanitation). The Centre
has exclusive power to make laws on certain other subjects, for the whole of
India (e.g., defence of India). On certain other subjects, the Centre
and States have concurrent authority to make laws (e.g., trade and commerce
in, and the production, supply and distribution of foodstuffs).
What happens if both the Centre and some States
make laws on concurrent subjects, and the central law conflicts with a state
law? Then the central law prevails over a differing state law, and the divergent
part of the state law is invalid. This
has come to the fore amidst the farmers’ agitation, drawing focus on an ‘APMC’.
Many States have made laws on the trading
of farmers’ produce within their borders. Take for instance the Punjab law –
since Punjab and Haryana farmers are the maximum protesters near Delhi, most
from Punjab. The Punjab law enables the state government to “exercise control”
over the sale, purchase, storage and processing of agricultural produce.
The Punjab law mandates – with negligible exceptions
– that the first trading in agricultural produce should happen only at a specially
established market place or market yard in the State. Further trading of the same, if it happens
within Punjab, should also be at one of those market places or yards in that State.
Such a market place or market yard is commonly
called a Mandi. A mandi and an ‘APMC’ are linked to each other like a husband and
wife. Here is how.
Numerous such mandis have been established
across Punjab. Brokers or commission agents, weighmen, measurers, surveyors and
other functionaries who need to enter a mandi and do their job have to get a
licence. Under the Punjab law, one or
more mandis in a particular geographical area are administered by a committee which
has authority to issue all such licences. That committee is called an
Agricultural Produce Market Committee. So we have the term, APMC. Each APMC committee in Punjab has twelve to
sixteen members.
Several such statutory committees or APMC’s
function across Punjab, regulating mandis and overseeing a huge number of
functionaries in those mandis. So these APMC’s have control over the sale and purchase
of all the agricultural produce of Punjab.
Most other States too have similar laws, each with APMC’s of their own. APMC’s in Punjab and Haryana are however more
entrenched.
Quoting a former Vice President of the
Punjab Mandi Board, The Indian Express of 18th Sept. 2020 reports: “There
are around 1,850 purchase centres, including 152 big mandis (grain markets)
across the state where around 28,000 registered arhtias (i.e., commission
agents) in Punjab work with a supporting workforce of around 2 to 3 lakh
labourers and others like accountants.” In
the end, the mandi system is an all-pervasive sarkari affair. It is a regime or
kingdom by itself. That says many things in India.
Now, to the farmer. Food being
an everyday need, foodstuffs are purchased throughout the year. Food processors and eating houses too make
profits. How then, the average farmer who makes agricultural produce for all cannot
make a good income for himself? There must be a major gap between the money he takes by selling his produce and the price ultimate consumers pay for the same thing, with others in the middle earning all the difference. Whatever, the average farmer remains
underpaid and unrewarded. Does anyone else, for example someone who makes leather,
paper or steel, suffer a similar fate? No. That simply means the farmer is not
smart enough to get the best deal for his labour and produce, and is exploited
by smarter people around him and by an unsympathetic system.
With the object of
helping the farmer realise a better price and in an easy way, the Centre
enacted three new laws recently, two of which are substantial and the third one
consequential.
What is the first new central
law and what does it do? It has, of course, a very legal name, The Farmers’
Produce Trade and Commerce (Promotion and Facilitation) Act, 2020. Let’s refer
to it simply, “Farmers’ Produce Free Trading Law”. In one stroke, it does a great thing for
farmers throughout India. It enables the sale and purchase of farmers’ produce in
every state outside all APMC mandis – thus bypassing the regulations and
restrictions and the system of APMC laws in all states. This new law is valid, as one passed by the
Centre on a concurrent subject.
Farmers are now free to
sell their produce, wholesale or in retail, to any person, trader or dealer or
corporate purchaser, within or outside his state. At the same time, if the
farmer or a trader wishes to go only through the mandi system and trade only under
a state APMC law, he could very well remain with the same old process. The Farmers’ Produce Free Trading Law just gives
a new option to all in the trading of agricultural produce. It preserves the regime
of the existing mandi system of any state APMC law, but only for those who wish
to submit to it voluntarily - earlier everyone was bound by the mandi system
whether he liked it or not.
What is the second new central
law and what does it do? It has a longer legal name, The Farmers (Empowerment
and Protection) Agreement on Price Assurance and Farm Services Act, 2020. Let’s refer to it simply, “Contract Farming
Law”. This law is also a boon to farmers throughout India. It enables the farmer
to do what is called ‘contract farming’ on his land, by entering into a farming
agreement with agri-business firms, wholesalers, exporters or large retailers.
Under that agreement, a farmer can get support in production through supply of inputs
like seed, feed, machinery and technology, etc, and technical advice too, and the
other party will purchase farming produce of the farmer at a mutually agreed
price. Any transfer, lease or mortgage of the land and premises of the farmer
are forbidden in contract farming. The farmer’s interests in a contract farming
agreement are fully protected under the Contract Farming Law. This central law overrides
all State laws, as one on a concurrent subject.
The third new central law
is a consequential law, and is not really in focus. None of these new central laws
in any way deal with what is called Minimum Support Price (MSP) which is an
agricultural product price set by the central government to purchase directly
from the farmer. So, MSP is an “out-of-syllabus”
question in a discussion on these laws.
Do the Punjab or Haryana
farmers believe they don’t benefit from the new option of free trading which
the Farmers’ Produce Free Trading Law gives them? Do they imagine they are
better off with their old mandi system and APMC’s? If so, no problem. Farmers may coolly ignore the new option and stick
to the mandi system and APMC regimes, which are also preserved by the new
central law. They just have a choice, this way or that way, one day here and
another day there as they may like. Why should the farmers really bother?
Next, if farmers anywhere
do not wish to do contract farming, that is fine too. The other central law, Contract
Farming Law, does not compel farmers into contract farming. As usual they can
produce and keep looking for buyers, and sell lot by lot. A choice of contract
farming is kept available to them for any crop season in any year – that’s all.
Can any farmer be really aggrieved
by the new central laws? No. But do others in the trade stand to lose, do
others have a stake in opposing the new central laws, and are they powerful
too? Obviously yes.
Trading through APMC
mandis has its costs such as market fee, user charges, levies and commission for
the commission agents. APMC’s in any State and all those earning their incomes
from the mandi system – including state governments deriving revenues from APMC’s
– will lose heavily if farmers skip the mandis and avail the new option of free
trading under the Farmers’ Produce Free Trading Law. Stakeholders in Punjab lose the greatest since
mandi costs and expenses are quite high over there, that too on a large volume
of farmers’ produce traded in numerous mandis. The countless functionaries and
operatives in mandis, especially the arhtias or commission agents and their
representatives, affected by the new central law have close ties with
farmers. Those middlemen would also enjoy a systemic dependence from and influence
over farmers.
Think about this. With
the new central law – Farmers’ Produce Free Trading Law – middlemen alone suffer
heavily, and farmers could only benefit. So, who would be really interested to
protest against this law? Yes, the APMC middlemen. And if they can brainwash,
lie to and instigate the farmers against this new central law, they would do it.
Men with high stakes in the mandi system know how to do it artfully. Likewise, the same men will have to forget
much of their commissions and other incomes if farmers go for contract farming
and make a direct deal with corporates and other wholesale buyers, which the
other central law facilitates. Here also
the losing middlemen have large selfish interests to protect, and so will mislead
the farmers and goad them to protest.
Farmers of Punjab and Haryana form the bulk
of the protesters, while those elsewhere in India have shown no worthwhile
protest, despite presence of active opposition parties. Protests have come only from those States which
have a strong longstanding APMC-mandi system with a huge number of middlemen too. Put two and two together to gauge the real
picture.
The farmers’ agitation
can only be a proxy agitation, at the behest of rich and powerful middlemen. Otherwise, can you imagine farmers declaring
at the very beginning of their protest that they had many months of food stocks
ready at the protest sites at edges of Delhi and they would not withdraw their
agitation until the three new farm laws were completely repealed? The all-day non-stop sumptuous food prepared
and served to protesters and their families, including elderly women, at the different
protest venues, the many entertainment programmes organised for them, and a
general excursion atmosphere kept alive there point to this - the money-power
of the organisers and their huge stakes against the new central laws, both of
which the farmers don’t have.
Opposing the new central
laws and aligning with the protesters is honey for opposition parties and their
leaders, as they could heartily denounce Narendra Modi, the strong BJP prime
minister. Never mind if they do amazing flip-flops in the process, as the
Congress Party and Rahul Gandhi demonstrate. The manifesto of the Congress Party for Lok
Sabha elections of 2019, begins this way in Chapter 7: “Many years ago,
Jawaharlal Nehru said, ‘Everything can wait but not agriculture’ “. Down below, the manifesto proudly declares: “Congress
will repeal the Agricultural Produce Market Committee Act and make trade in
agricultural produce – including exports and inter-state – free from all
restrictions”. This election promise of
the Congress now stands fulfilled by the new central laws, and yet that party opposes
these laws, coolly burying its election promise.
What value did the
Congress Party attach to its election promise to the nation, put in a written manifesto? That was emphasised by Rahul Gandhi in his Foreword
to that manifesto, as President of Indian National Congress. He wrote: “Every
single word in the Congress manifesto reflects your voices and the aspirations
of crores of Indians”. Concluding his Foreword,
he proudly said, “This is our commitment. Congress promises. Congress delivers.”
If the Indian National
Congress could brazenly go against its election promise and support
the farmers’ agitation in the party’s political self-interest, why would not
APMC middlemen of all sorts be behind the farmers’ agitation to guard their
own economic interests?
Protest leaders have consistently
demanded, even in their many discussions with the central government, that all
the three new central laws must be repealed and have announced that till then
the agitation will continue, with nothing else to satisfy them. Mandi middlemen and other APMC beneficiaries
alone will engineer these scenes, hit hardest by the new central laws.
Yesterday the Supreme Court
passed an interim order in the farmers’ agitation cases, staying the three new
central laws and appointing a four-member committee “to listen to the
grievances of the farmers on the laws and the views of the government and make
recommendations.” But even a day
earlier, when the supreme court indicated its mind to order a stay and appoint
a committee, leaders of the agitation publicly welcomed the stay but announced –
without knowing who would be on that committee – they would not appear before
the court-appointed committee. In dialogues
with the government, leaders of farmers’ unions just want a decision they
insist and nothing else. In cases before the Supreme Court, they just want a
judgement they expect and nothing else. Can these farm leaders be the real face
of simple farmers – turning their backs to a Supreme Court order? They are just
anarchists.
Several thousand
protesters have gathered at many points on Delhi’s borders, blocking traffic on
highways for a month and a half. They
want to break the police barriers and forcefully enter the heart of Delhi. Their
leaders have been declaring that, as a high point of their defiance, the protesters
will ride their tractors on the coming Republic Day at the venue of the traditional
Republic Day parade in the capital – though they didn’t confirm if Rahul Gandhi
would ceremonially take their salute at that time.
The central government is
handling the protesters with caution and subdued firmness, since it knows that
any show of force on them and any serious injury or loss of lives in police
actions could be blown up by the opposition parties and the media, with more
problems for the government to handle. APMC
middlemen, farmers’ union leaders and opposition politicians are playing their
game of anarchy. The central government is tactful and biding its time, so as
not to buckle and at the same time not let anarchists worsen public peace.
We are witnessing a fact of life. In a battle
between right people and wrong people, does the right side always win? No, it
is the more powerful people in a circumstance who win, right or wrong. They may
win partly or in full. We will learn about this as we wait and watch an intense
political battle around Delhi, called farmers’ agitation.
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Copyright © R. Veera
Raghavan 2021
