STRATEGIC REVIEW OF INDIAN POLITICAL KALEIDOSCOPE ON FARM REFORMS 2020
STRATEGIC REVIEW OF INDIAN POLITICAL KALEIDOSCOPE ON FARM REFORMS 2020
Kaleidoscope –
a constantly changing pattern or sequence of elements.
Context
It
is comparatively more complex to guard a nation from internal threats than
those arising externally.
The
security of a nation is in extreme jeopardy when the very class which should be
securing it puts self-interest before national interest.
Agriculture
sector is vital to national security, it accounts for 16 % of the GDP and
impacts the economic interests of 70 % of the population subsisting on income
from this sector.
The
shenanigans of our political leaders over Farm Sector reforms in the past
decade, with their kaleidoscopic viewpoints based on in power/out of power principle
of opposing for sake of opposition, best showcases the danger posed to our
national interests by the very class which should be its supreme guardian.
Passing
of the three Farm Acts and the agitation against it is very interesting.
The
current ruling dispensation at the Centre which has got the three Acts passed
by the Parliament, had initially opposed the proposal when first mooted in 2013,
when it was the sitting opposition in Parliament.
Whereas
support to the agitation against these Acts is being provided by the very
political grouping that had proposed it initially when it was the ruling
dispensation at the Centre.
Backdrop
In June 2020
the central government promulgated three Ordinances for the Farm sector:-
The Farmers’
Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020 to facilitate barrier-free trade of
farmers’ produce outside the markets notified under the various state APMC
laws.
The Farmers
(Empowerment and Protection) Agreement on Price Assurance and Farm Services
Ordinance, 2020 to define a
framework for contract farming.
The
Essential Commodities (Amendment) Ordinance, 2020 to remove stock limits on
agricultural produce except under defined extraordinary circumstances.
In
September 2020, the above Ordinances were replaced by three Acts passed by the Parliament
of India:-
Farmers' Produce Trade and Commerce (Promotion and
Facilitation) Act (FPTCA)
to facilitate
barrier-free trade of farmers’ produce outside the markets notified under the various
state APMC laws. It also bars State Governments from levying fees on purchase or sale
of agriculture produce outside the notified markets functioning under State
Produce Market Committees.
Farmers (Empowerment and Protection) Agreement on
Price Assurance and Farm Services Act (FAPAFSA) to provide for a national framework
on farming agreements that protects and empowers farmers to engage with
agri-business firms, processors, wholesalers, exporters or large retailers for
farm services and sale of future farming produce at a mutually agreed
remunerative price framework in a fair and transparent manner and for matters
connected therewith or incidental thereto.
Essential
Commodities (Amendment) Act
(ECAA) has removed commodities like cereals, pulses, oilseeds, edible oils,
onion and potatoes from the list of essential commodities and has also ipso
facto ended the imposition of stock-holding limits on these commodities except
under extraordinary circumstances.
By October 2020, widespread protests commenced
against these Acts by farmers in the country on grounds that in the long run
they will facilitate entry of large corporate organisations into the farm
sector and may likely lead to dilution of Government support for specified
agriculture products, thereby making the marginal farmers vulnerable to
exploitation by large marketing organisations.
Historical Context
Historically the agricultural produce market in India has experienced Government intervention in varying degrees to keep their prices in check and affordable. Over period of time the low prices led to the farmers becoming vulnerable to exploitation by moneylenders and intermediaries involved in wholesale trade of agriculture produce.
A model Act for trade in agriculture produce was
first passed in 1938, during British rule, for implementation by various
States. Very few States implemented it.
Post-independence, under the new Constitution, the
subject of Agriculture was placed on State List whereas production, supply and
distribution of products, including agriculture, was placed on Concurrent List.
In 2003 an Agricultural Produce Market Committee (APMC)
Act 2003 was passed by
the Parliament, with the object to ensure that farmers are offered fair prices
in a transparent manner. It empowered state governments to notify the commodities, and
designate markets and market areas where the regulated trade shall take place.
The Act also provided for the formation of Agricultural Produce
Market Committees (APMC), responsible for the operation of these markets. No other person or agency was allowed freely
to carry on wholesale marketing activities in designated areas.
Some Relevant Facts of the Case
Only 17 States adopted the model APMC Act 2003.
Only 7% households sell crops to procurement agency (70th
round of National Sample Survey).
Only 10% of total crops are sold at MSP (70th round of
National Sample Survey).
Annual revenue, in INR, earned from agriculture sector is 1500 crores for
Rajasthan and 3500 crores for Punjab.
There is substantial regional inconsistency in farm produce yields (kgs/ha),
pointing to latent inefficiency in the
sector. (TOI, 8 December 2020)
Rice (Kharif), national average yield is 2638 against
highest yield of 4132 in Punjab.
Wheat (Rabi), national average yield is 3371 against highest
yield of 5188 in Punjab.
Maize (Kharif), national average yield is 3070 against
highest yield of 7258 in Tamil Nadu.
Pulses (Kharif), national average yield is 757 against
highest yield of 916 in Madhya Pradesh.
Barley (Rabi), national average yield is 2693 against highest
yield of 3597 in Rajasthan.
Lentil (Rabi), national average yield is 731 against highest
yield of 1026 in Uttar Pradesh.
Indian agriculture produce is expensive as its average yield is
considerably lower than international yields, making it internationally uncompetitive.
Average farm returns are falling in India.
ASSESSMENT
Answers
to following queries may lead to logical deductions:-
Does the model APMC Act 2003 protect Farmers
interests?
Is farming in India economically viable
without Government support?
Are the provisions of the three Farm Acts against
interests of Farmers and States?
Inadequacies of APMC Act 2003
Government intervention in any economic sector always comes at a cost. No
matter how well-meaning its intervention is, the delivery to the beneficiary
gets mired in inefficiency fueled by corruption, and it is difficult for large
scale corruption to survive without tacit political patronage.
The outcome of the implementation of the APMC Act 2003 is no different.
Inadequate storage infrastructure, deliberate bureaucratic delays,
middlemen-procurement agency-politician nexus, have ensured that the benefits
of the APMC Act and the Minimum Support Price (MSP) are withheld from the intended
beneficiaries.
According to 70th round of National Sample Survey only 7%
households sell crops to procurement agency and only 10% of total crops are
sold at MSP. The intended beneficiaries have not been able to benefit.
The Act has gone on to create an unintended monopolistic trade
infrastructure, in the form of APMC ‘Mandis’, detrimental to interests of
farmers by denying them the right to choose their buyers.
The Act no longer protects the interest of the farmers.
Economic Viability of Farming in India
Government
intervention is basically guided by principles of revenue generation or saving
revenue expenditure, unless forced by political considerations. Altruist
motivations to Government policies exist only in realms of fantasy.
Even
where the underlying principle is to distribute largesse amongst profiled beneficiaries,
the inefficiencies of the system and corruption, with tacit political patronage,
skews the intended impact.
As
a point in case, the petroleum sector prices are regulated on the higher side by
the Government to enable it to generate maximum revenue.
Whereas
in the agriculture sector the underlying principle has been to manipulate the
prices on the lower side, so as to enhance affordability. This has been ensured
by restricting farmers’ rights to sell his produce to the buyer of his choice.
Over
a period of time Government License-Permit Raj policies and malpractices by
Government sponsored agencies have impeded farmer initiatives, resulted in continuing
of inefficient agricultural practices, lower farm holdings, and stagnation in
yield.
To
say the least, the Government intervention in the agriculture sector has been
detrimental to the interest of farmers.
Released
from Government policy fetters, the agricultural sector is capable of
sustaining itself economically.
Concerns on the three Farm Acts
Looked
at holistically, the three Acts have released the Farmers from the restrictions
placed on their rights to sell and purchase their own produce. However the
earlier model APMC Act 2003 was also drafted to secure Farmer interests, but
succeeded in only bonding them.
It
is the historical precedence of being short changed by the Government agencies
which is the major factor behind the real and perceived concerns of the farmers.
Gradual
withdrawal of MSP support by the Government, likely entry of Corporate houses
into the agricultural sector viewed as detrimental to interests of traditional
farmers, the likelihood of legal contract redress mechanism becoming skewered
in favour of corporate houses, are some of the major concerns voiced by the Farmers.
The
States are concerned with the loss of revenue from agricultural produce, a
state subject.
The
bureaucrat-middlemen-politician nexus is concerned with the loss of their well-developed
patronage system gains.
Once
separated from partisan political interests, the issues are resolvable.
Deductions
There
are genuine as well as perceived concerns of the Farmers and the states which
need to be addressed.
There
is credibility gap between the Farmers and the Government, premised on historical
past.
The
credibility gap is being exploited by the partisan political interests.
The
three Farm Sector Acts 2020 are laws duly passed by the Parliament of India by
majority vote.
Protests
against the three Acts, by blocking public ways and spaces, other than at designated
spaces, are underway without exhausting recourse to judicial remedies.
Attempt
to force recall of laws duly passed by the Parliament is a threat to the rule
of law and the very Constitution.
Supreme
Court has ruled as recently as 07 October 2020 that public protests can’t
occupy public ways and public spaces.
The
manner of protests is clearly violative of law.
The
rule of law is clearly being held to ransom at the altar of political
expediency.
Way Forward
A
prolonged agitation will exacerbate rural-urban divide.
It
is a certainty from the nature of well organised agitation that they are in for
the long haul.
Allaying
the concerns of the States and the Farmers needs to be handled sensitively.
However, an alarming rise in frequency of protests impacting the fabric
of the society and nation at large is evidenced.
This is evidence of a deeper malaise. The reluctance or inability of the
law and order machinery to handle such agitations effectively.
Past trends are indicative of stifling political hold over the law and
order machinery, whereby criminal cases against political and agitation leaders
are called off after change of political guard in the Government.
The political class clearly places their own interests foremost, ahead
of even National interests.
There is a strong case to remove law and order machinery from political
control and replace it by a constitutional independent Police Commission at
Centre and States.
Brilliant analysis of the Farm bill controversy, right from the genesis stage of problem to its present stge of controversy.
ReplyDeletePolitical parties across the board stand exposed.
worthwhile read for its unbiased flair.
Thank you for sharing your viewpoint on the article.
DeleteBest wishes
Very well analysed. Has not given the Farmers point of view at all. Also this act has done away with the Farmers right to take up their grievances through the Courts.
ReplyDeleteLastly, what is the Legal guarantee of MSP for the Farm Produce
Dear Harinder,
DeleteThank you for sharing your observations. My response to issues raised by you is below.
Farmers view point have been shared under the group head 'Concerns on the Three Farms Act'.
The Farmers have the right to take recourse to legal remedies under the Courts, if not satisfied with the administrative redress.
There is no legal guarantee for MSP earlier or even under these Acts. MSP is an administrative mechanism. In any case the Government does not have finances to guarantee MSP on full agriculture produce.
Amazing blog! Really thankful to Col Rajvir Sharma (retd) for recommending this to me. Will be following this amazing blog.
ReplyDeleteThank you
Thank you Apoorv.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteExcellent analysis and recommendations. Crisp and incisive as usual. Recommending others to go through such blogs before becoming self proclaimed 'experts'. Great piece.
DeleteDear Satish thank you for sharing your view.
Delete