"Farm Laws Could Cause Irreparable Damage To Farm Sector": Delhi HC Woman Lawyers Forum To Observe Fast In Solidarity With Farmers Protests

The lawyers have demanded that the farm laws, said to be hastily passed by the Parliament, should be repealed. They also said that since the Acts are facing challenge before the Supreme Court, the Government should refrain from implementing its provisions.

They wrote,

"It is our belief that while the issue of the Constitutionality of the Farm Laws being enacted by the Center when agriculture is a state subject is subjudice before the Supreme Court and the issue of the legality of the enactment by a voice vote in the Rajya Sabha is also being heard by the Supreme Court, implementation of irreversible and far-reaching farm laws would render these petitions infructuous and could cause irreparable damage to the farm sector in India.", submitted the statement.

Also Read: Can Centre Give A Commitment To Not Implement Farm Laws To Facilitate Discussions? Supreme Court Asks Attorney General

The lawyers have also stated that when the regulatory mechanism of the Minimum Support Price (MSP) is dismantled by the new farm laws, and the big corporations are left to negotiate directly with the small farmers, the latter will be "reduced to corporate serfs on their own land."

Along with this, the lawyers have also stated that the corporate bigwigs, who are motivated by profits, will take decisions which will have an adverse effect on the food security of the country, as well as the cropping patterns as these will now be determined by the needs of the international market, rather than those of the domestic market.

"We also believe that dismantling the regulatory mechanism of Minimum Support Price and permitting big corporates to negotiate with small farmers, who lack the means to enforce or negotiate contracts especially due to the absence of effective legal aid and judicial infrastructure in rural India and the prohibitive distance of High Courts and Supreme Court, these laws would usher in a new era of feudalism, where farmers will be reduced to corporate serfs on their own lands. The decisions of corporates driven by profit would also affect the food security if India and cropping patterns would be determined not by local needs but by international market forces," stated the lawyers.

Further, the lawyers also stated that the economy of India is in shambles due to the coronavirus and that the whole country relied on agriculture for its sustenance. So, the government's decision to enforce this legislation on the citizens during such a fragile time and that too, in an unconstitutional manner was a "matter of grave concern."

While concluding, the lawyer stated, "The father of our nation, Mahatma Gandhi said that if you silently watch injustice, it is as good as perpetrating it. We therefore have decided to observe a one day fast in keeping with the moral practice of Satyagraha observed by Bapu against the injustice and haste of imposing the New Farm Laws, in solidarity of farmers."

This statement has been signed by the following people:

Members of the Delhi High Court Women's Lawyers Forum:

• Shweta Kapoor
• Zeba Khair
• Iram Majid
• Miriam Fozia Rahman
• Kriti Kakkar
• Swaty Singh Malik
• Geetika Panwar
• Ekta Kapil
• Nandita Rao

Advocates:

• Shadan Farasyat
• Prashant Padmanabham
• Ritu diwan
• Ranvir Singh
• Firdaus Moosa
• Susan Abraham
• W. R. Khan Adv
• Mohd. Rashid Adv
• Mohd Noorullah
• Robin R.David
• Abdul Nasir Khan
• Avani Bansal
• Prateek Dwivedi
• Prakhar Dixit
• Varun K Chopra
• Vaibhav Mishra

Senior Advocates:

• Indira Jaising
• Mahalakshmi Pawani
• Biswajit Bhatacharya
• Mohan Katarki
• Anand Grover

Background:

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.

The Bar Council of Delhi recently issued a statement urging the Central government to withdraw the controversial Farmers Acts and restore the rights of Farmers to get justice from the Courts.

"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.

The Supreme Court is hearing a batch of PILs challenging the farm laws and another set of petitions seeking removal of protesting farmers from Delhi borders. During the last hearing, held on December 17, the CJI asked the Attorney General for India if the Union Government can give a commitment that the contentious farm laws will not be implemented while the court is hearing the petitions seeking removal of farmers protests.

The AG replied that he will get back after taking instructions from the Central Government.

The Supreme Court also directed that meanwhile, farmers protests can continue without impediment and breach of peace by protestors and police.