To protect livelihood rights of farmers, law students drafts National Agricultural Produce Price Confirmation Tribunal Act 2018

Pune – In order to redress injustice caused to the farmers, renowned lawyer Asim Sarode and law students working with him have drafted ‘National Agricultural Produce Price Confirmation Tribunal Act 2018’;. The law students who are mainly from farmers families have formed a group called ‘Lawyers for Earth Justice’ while working with Sahyog Trust. This will be first law to protect livelihood rights of farmers if passed.

This draft was sent to Rajeev Satav’s Law and Policy Consultant Praveer Singh Shrivastav on February 14, 2018 by e-mail. In this connection, MP Mr. Rajeev Satav spoke and said that he will issue the draft & National Agricultural Produce Price Confirmation Tribunal Act 2018; as a Private Member Bill in the coming Lok Sabha on 23 rd March of 2018.

India is recognized as agrarian nation yet the condition of farmer’s is getting worse in India due to lack of Minimum Support Price. There is absolute violation of farmer’s right envisaged in Articles 14, 15, 19 (1) (g), 21 of the
Indian Constitution. Article 323-B (g) in the Constitution is having scope to make such Law for the farmers but no government looked into it. The Minimum Support Price is not defined and the rights of the farmers are
being violated and there is no redressal mechanism. If ‘National Agricultural Produce Price Confirmation Tribunal Act 2018’ is passed in Parliament, farmers can be heard against the injustice done to them in the Tribunal
established under this Act said Senior advocate Asim Sarode.

In the matter of preparing a draft of ‘National Agricultural Produce Price Confirmation Tribunal Act 2018’, law students Deepak Chatap, Vaishnav Ingole, Rakesh Mali and Aamir Shaikh have played an important role. The
guidance of senior thinker Dr Vishwambhar Chaudhary as well as Giridhar Patil, the head of Kisan Putra Movement Amar Habib and Adv Ajay Talhar were helpful.

As per the proposed law Bill a retired judge of the Supreme Court will be the President of ‘National Agricultural Produce Price Confirmation Tribunal’ with the retired judges of the high court as its judicial members and the expertise of agronomist will collectively handle the work of the Tribunal. It is surprising that there is no law in India regarding agriculture in respect of providing proper agricultural produce value to the farmer as per the cost of production.

On this backdrop, it is important to set up Agriculture Production Expenditure and Pricing Commissions as mentioned in the draft of this legislation to determine the right price for farm produce. It is mentioned in the present drafted Act that the decision of fixing the minimum level of farm productivity, fixing the interest of the farmer, and the hard work of farming which is to be considered for agricultural production value is to be decided on subsidies.

‘National Agricultural Produce Price Confirmation Tribunal Act 2018’ can take cognizance of inflation, the profit and increase in the prices of commodities in the global market, the farmer’s and agricultural consumer’s protection, in relation to the decline in agricultural production prices due to the low quality and defective chemical pesticides on agricultural environment and agricultural production. This has been stated in the drafted law.

The Act states that the determination of the National Agricultural Product Prices will have the power to give order to the government to control agricultural production in respect of import-export. According to the prices declared in relation to agricultural produce and various conclusions given by the tribunal the order passed by the tribunal can be given to the farmer by the margins of the prices fixed by the tribunal.

According to the draft, the ‘National Agricultural Produce Price Confirmation Tribunal Act 2018’ will be entitled to take into account the basic agricultural issues related to the right to the farmer’s livelihood, and not to get suitable market value for farming, said Dr. Vishwambhar Chaudhary who is one of the members of the group which prepared the
draft.

Due to the inadequate and arbitrary system of agricultural production, the loss of the farmers and the loss to their farming, the rights of the survival of their family, the right to claim relief, compensation and the loss of agricultural land will be provided by this Act.

The Judge reserves the right to determine the National Agricultural Product Prices for justice to farmers, without having any conventional laws, but by any best self-agreed process can determine the tribunal.

This Act clearly states that the determination of the National Agricultural Product Prices shall be based on the principles of sustainable development and precautionary measures. In the said draft it is clearly defined, what is
the basic question related to unjust victim, human rights, farmers, proper market value, essential commodities, minimum support price, agricultural and agricultural product price determination. It provides clear explanations said Asim Sarode.