Farmers Movement Archive

Supreme Court stays implementation of farm laws

Tribune News ServiceNew Delhi, January 12A day after pulling up the Centre for its poor handling of farmers’ agitation, the Supreme Court on Tuesday stayed the implementation of the three farm laws being opposed by farmers who have blocked key entry points to Delhi since November 2020.A Bench headed by CJI SA Bobde set up a four-member committee to hear the various stakeholders’ views on the Farmers (Empowerment & Protection) Agreement of Price Assurance & Farm Services Act 2020, Farmers Produce Trade & Commerce (Promotion & Facilitation) Act & Amendment to Essential Commodities Act and report back to it.Those named as members of the committee are — National president of Bharatiya Kisan Union Bhupinder Singh Mann, Pramod Kumar Joshi (Director, South Asia international Food Policy), Agricultural Economist Ashok Gulati and Shetkari Sanghatana leader Anil Ghanwat.Also read: 3 more protesting farmers die at Tikri borderFarmer leaders welcome SC verdict, but say protest to continueFarmers' agitation has been fearless: Filmmaker Gurvinder SinghOpposition parties get behind farmers, want farm bills repealed"We are going to suspend the implementation of the three farm laws until further orders," the top court said while setting up the committee.The panel will listen to the grievances of farmers on the farm laws and the views of the Government and submit a report to the court containing its recommendations within two months from the date of its first sitting which shall be held within 10 days. It posted the matter for hearing after eight weeks.“We are of the view that the constitution of a committee of experts in the field of agriculture to negotiate between the farmers’ bodies and the Government of India may create a congenial atmosphere and improve the trust and confidence of the farmers. We are also of the view that a stay of implementation of all the three farm laws for the present, may assuage the hurt feelings of the farmers and encourage them to come to the negotiating table with confidence and good faith,” it said.While maintaining that it didn’t want to stifle a peaceful protest, the court said, “…we think that this extraordinary order of stay of implementation of the farm laws will be perceived as an achievement of the purpose of such protest at least for the present and will encourage the farmers bodies to convince their members to get back to their livelihood, both in order to protect their own lives and health and in order to protect the lives and properties of others.”"We are looking to solve the problem. If you want to agitate indefinitely, you can. Every person who is genuinely interested in solving the problem is expected to go before the Committee. The Committee will not punish you or pass any orders. It will submit a report to us. We are going to take the opinion of the organisations. We are forming the Committee so that we have a clearer picture," the CJI said.To allay fear regarding Minimum Support Price (MSP) being done away with and possibility of farmers losing their land, the court said, “The Minimum Support Price System in existence before the enactment of the Farm Laws shall be maintained until further orders. In addition, the farmers’ land holdings shall be protected, i.e., no farmer shall be dispossessed or deprived of his title as a result of any action taken under the Farm Laws.”It said, “The representatives of all the farmers’ bodies, whether they are holding a protest or not and whether they support or oppose the laws shall participate in the deliberations of the Committee and put forth their view points,” the court said. “We are forming the Committee so that we have a clearer picture.”Many senior lawyers, who appeared on behalf of agitating farmers on Monday, were conspicuous by the absence on Tuesday."We cannot ask the Prime Minister... He is not a party here," the CJI said even as Government side told the court that the Agriculture Minister had been a part of the negotiations. “We are looking to solve the problem. If you want to agitate indefinitely, you can. Every person who is genuinely interested in solving the problem is expected to go before the Committee. The Committee will not punish you or pass any orders,” it clarified during the hearing.Several lawyers, including senior counsel PS Narasimha, representing Hyderabad-based Consortium of Indian Farmers Association (CIFA), said their clients were in favour of the farm laws.The Bench turned down farmers’ demand that the prime minister himself should approach them to hold negotiations, saying he was not a party to the proceedings.Earlier, Attorney General KK Venugopal opposed the stay, contending that “none of the petitioners who have attacked the farm laws have pointed out any single provision which is detrimental to the farmers and that the laws enacted by Parliament cannot be stayed by this Court, especially when there is a presumption in favour of the constitutionality of legislation.”While appreciating Venugopal’s arguments, the Bench said, “this Court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment” and went on to pass the stay order.Pulling up the government for poor handling of farmers’ agitation against farm laws, the Supreme Court had on Monday said it was “extremely disappointed” with the way the government is handling the issue.

The Tribune

2021-01-13