Bar Council Of Delhi Asks Central Govt To Withdraw Farmers' Acts; Restore Right To Approach Civil Courts

Since the Acts were passed hurriedly, the Council wrote, they need to be amended with the consultation and advice of the farmers of the country, to ensure the protection of their rights as a community.

"The legal fraternity across the country feels that the Government should take concrete steps to resolve the Farmer's agitation over the various clauses of Farmers Act. The 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," the Council said.

It may be noted that under the Farmers Produce Trade and Commerce (Promotion and Facilitation) Act 2020, all disputes that were previously adjudicated by civil courts will now be placed before sub-divisional magistrates (SDM) or collectors.

The Bar Council chastised the Government for introducing such an oppressive law. The statement issued by them states,

"The concern of 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 act of the Government is highly deplorable as it goes to the roots of the Constitution which empowers every citizens to come to the Court for adjudication of any kind of dispute through the Judicial System which is the third wing of Democracy."

The Council has suggested that the following changes to the Acts, to be incorporated in consultation with the farmers:

1. The MSP should be included in the Act instead of verbal assurances.
2. The Private traders should purchase the same 5% above MSP and all amount should be paid by RTGS at the time Of procurement.
3. The penal clause be provided for giving any Iess 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.
4. 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.
5. All Essential items including Onion, Potato and Tomato should not be excluded from the Essential Commodities Act.
6. All disputes relating to Farmers Act be adjudicated only by the special Courts presided by Additional District Judges in the Court premises by filing petition on a nominal court fees of Rs. 20/-.
7. The conciliatory board should be presided by an Additional District Judge and not by Tehsildar and should complete the proceedings within 3 weeks
8. There should be compulsory insurance by Government of every crop depending upon the nature of the agricultural field or the Government through their own bank should facilitate easy loan without guarantee for insurance of crops, Seeds, Fertilizers etc.
9. The subsidy in Electricity should continue and the MSP should be calculated after calculating all expenses incurred on maximum basis coupled with reasonable profit.
10. Payment for crops of any kind including sugarcane be not delayed for more than 15 days
11. Mortgage of agriculture land be not permitted and should be declared as non-executable.

In its Monsoon Session, the Parliament had hurriedly passed three Acts- Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020; Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; and The Essential Commodities (Amendment) Act 2020.

While the Government had claimed that these Acts had been introduced to bring about a positive change, the farmers disagree, as they fear that these Acts will affect their livelihood severely.

Explained: The 3 Farmers Bills And The Controversies Surrounding Them

One of the biggest fears that the farmers have is that they would not get the Minimum Support Price (MSP) from the Government for their produce. They fear that this would lead to a corporatisation of the agricultural sector, as the mandis where the farmers currently sell their produce, will cease to exist. This would ultimately mean that the prices for the produce will be determined by money-motivated private entities.

Previously, the Bar Council of Delhi had come out in support of the ongoing Farmers Protests. it had stated that it "fully supports the demand of the farmers" and "urges upon the Government of India to consider the genuine demands of the farmer community".

"Farmers Acts Passed Sans Discussion With Farmers, Aimed At Benefitting 'Big' Companies": Bar Council of Delhi Supports Farmers' Protest, Bandh

The Bar Council of Punjab and Haryana had also expressed its support in favour of the farmers and requested the Union Government to immediately withdraw the 3 Acts.

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