Dear Farmers, its time to be enterprising New Farm Law-Opportunity and Challenges- Vishnu Langawat

 

Though agriculture’s share in India’s economy has declined to less than 15% due to rise in industrial and services sectors, still it is an important sector as majority of the population of the country reside in a rural area and agriculture is the backbone of the rural economy. India despite being a global agricultural powerhouse and largest producers of various agro-commodities, growers of these agricultural commodities face significant challenges as in every 42 minutes one farmer commits suicide and farm business is considered as risky and inefficient.

 

From where we started:

 

India, which was once a number one economy of the world from 1AD to 1500 AD contributing 24.4% in the world GDP declined to 4.2% in 1950 {Economist Angus Maddison} and was engulfed in starvation, therefore, immediately upon attaining freedom from the colonial power, the primary focus was raising agricultural output and improving food security and during the green revolution, India’s food production multiplied 3.7 times making India not only food self-sufficient but also a net food exporting country. In this, the focus was always on attaining food security and raising the income of farmers was not at all in the agenda of any government which resulted into agrarian crisis, so to address the agrarian crisis, the government aggressively following an agenda to double the income of farmers by 2022-23 which is still less compared to growth in other sectors.

 

It is relevant to mention here that policymakers of the country were so much apathetic concerning the income of growers that it took them more than 90 years to declare the bamboo as “a grass” in the year 2017[1] otherwise it was being considered as “tree” under the Indian Forest Act, 1927 due to this cutting and transporting of the same was unlawful resulting into a lot of harassment of farmers in North-East State and because of which despite India being second largest grower of Bamboo, it used to import bamboo from Taiwan even for sundry purposes such as making agarbattis.

 

Reform?

 

Legislation, of course, has to keep pace with the expansion, advance, and complication of society, of trade and commerce, public life and public relations[2], in initial days, when the country was emerging from the aftermath of partition and shortage of food, thus, to make essential commodities available to the consumer, the Essential Commodities Act was enacted. The Act empowers the Government to control production, supply and distribution of essential commodities by making order(s) under Section 3 of the Act, however, after opening up of the economy, the Act discouraged entrepreneur in investing in agri-businesses due to uncertainty and unfettered power of Government to control essential commodities. The “foodstuffs” which is an essential commodity under the Act, can be controlled by the Government at any time and entrepreneur did not come forward to build storage space knowing that storage of certain commodities above a certain limit is illegal like onion.

 

The Essential Commodities (Amendment) Act seeks to limit the power of Government in controlling the foodstuff. The Government shall be allowed to regulate the supply of such foodstuffs as notified only in extraordinary circumstances (include war, famine, price rice and natural calamity of grave nature) and extraordinary price rise. Therefore, frequent policy changes, the promulgation of control or movement orders will be thing of past concerning agricultural foodstuffs which will boost the confidence of entrepreneurs in investing in agro-businesses.

 

Once the agricultural foodstuffs will be decontrolled, a need arose for providing competitive markets to farmers. As of date, Agricultural markets in most parts of the country are established and regulated by State APMC Acts and Once a particular area is declared a market area and falls under the jurisdiction of a market committee, no person or agency was allowed to carry on wholesale marketing activities without license or permission of concerned APMCs which had not provided any help to the farmers in direct marketing, retailing, smooth supply of raw material to agro-processing industries. The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 create an alternate ecosystem between farmers and traders apart from APMCs and allows farmers or traders to sell or procure the farmers produce outside APMCs which otherwise was illegal. The Act allows farmers and trader to carry on the inter-state and intra-state trade and commerce in farmers produce in a trade area (i.e. outside APMCs). It also allows traders to engage in interstate and intra-state trade of scheduled farmers produce with a farmer or another trader in a trade area freely without any restriction and levy of market fees by APMCs and creating a competitive environment among traders, APMCs and Trade Area which will benefit farmers. The Act also seeks to develop Price information and Market Intelligence Systems for farmers produce and dispensation framework enabling farmers and traders to make informed decisions about what to grow, when to harvest, where to market and to store or not.

 

Further, in continuation of reforms where agri-product is decontrolled and marketing layout is prepared, the Third Act (The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020) seeks to connect farmers with the market. At present the Indian agriculture is fragmented due to smallholdings and largely dependent on weather, uncertainties in production which make it risky and inefficient business. The Act seeks to govern the relation of farmers and agribusiness entrepreneur by a written instrument containing detailed terms of price, quality, grade and standards of farming produce. The parties can agree for guaranteed price including additional amount over and above guaranteed price liked to prevailing prices in APMCs or electronic trading platform etc., the parties can agree for quality, grade and standards as mutually agreed or formulated by any agency of State or Central. The agreement may be liked with insurance or credit instrument under any scheme of the government to mitigate the risk of farmer or sponsor or both.

 

The biggest challenge of these reforms is their implementation by state governments and intent of corporates who are profit-driven. if State Government reduces rumble blocks and improves APMC Network, as per my understanding it will increase competition among corporate house which will directly benefit the farmers. Central Government, since 2007, asking State Governments to allow free competition, promote transparency, unify fragmented markets and facilitate the flow of commodities and asked to implement Model Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, however, States Government adopted the lackadaisical approach and didn’t amend their respective state APMCs and during Covid-19 only a few state like Gujarat, Madhya Pradesh, Uttar Pradesh, Karnataka relaxed regulatory aspects in their APMCs and Goa promulgated ordinance exempting farmers from paying the market fee and allowed the farmers to sell their produce to private players, however, rest of the States rendered lip service or ignored it. As the experience shows State Governments have adopted a lackadaisical approach on amending APMCs, it is a matter of great concern, how, the State Governments are going to implement these Acts when various State because of their political thinking is contending that these Acts are an intrusion in their legislative sphere under the Constitution of India. Further, marginal farmers are also required to form a large co-operative association to deal with corporate muscle power and Amul is the example of consolidation and collective decision of co-operation. Though Central Government has promised that it will propose a Model Agreement among farmer and Corporates, however, time will tell how these practices are going to be implemented at the grassroots level.

 

Wayforward for Farmers

 

·         Marginal farmers are required to form a co-operative organization or self-help group

·         Invest in agriculture technology which can be part of the farming agreement

·         Ask Panchayat to perform an active role in agribusiness

·         Be aware of the various policies and rights

·         Adopt multi farming techniques

·         Adopt hydroponic farming



[1] Section 2(7) of the Indian Forest Act, 1927 (“tree” includes palms, bamboo, stumps, brush-wood and canes)

[2] Passage from P.B.Vachha’s Famous Judges, Lawyers and Cases of Bombay

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