Farmers insist on the need of a New Act
Agriculture is the only way of life for Farmers in India. Unfortunately, of late, farming has been putting the farmers in a state of despair and distress. It is a surprise to note that, everybody like the middlemen and traders, etc. who depend upon the farmer and agricultural produce, are getting huge profits while leaving the farmers in the doldrums.
From procuring seed till the selling of the final product, there is no comprehensive Act that exists to protect the interests of the farmers. Seed Act is one of the examples. The rules framed and implemented during the period when Government-run seed institutions were operational, still exist even after the private seed companies are expanding rapidly. These rules and laws which were actually framed for the poor farmers have become boon for private players and bane for the farmers. The loopholes in the system are destroying the rights of the farmers. For decades this issue is ignored by the leaders who are in power and this, in turn, is badly affecting the future of the farmer. It is the need of the hour to revisit the age-old Seed Act now that a draft bill is being proposed by the Modi Government. Farmers feel that this is a great opportunity to make the required amendments so as to benefit the oppressed and affected farmer.
As per the current prevailing Seed Act, farmers can complain to the Authorities on the spurious and adulterated quality of seeds, the Central Seed Committee will have to examine the issue and accordingly act upon it. Since the rules and regulations under the Act are not stringent enough, most of the middlemen could get away using the advantage of the loopholes in the system and by imploring upon the known officials in the system. Only in the instances where the issue was related to a larger context of the farmers, did the Act really help the farmers by taking the perpetrators to task. The private licenses were also cancelled in a few instances.
In spite of getting the licenses revoked, some of the companies still try to repackage the spurious seeds under different names and brands. Such brands are again provided licenses and the required permissions due to various unethical connections that the private firms have with the authorities and other officials in the system. All such things are time and again pushing the poor and helpless farmers back into a delirium of poverty.
Many companies adapt to spurious methods like using their low-quality products being packaged into popular brand outer packets, thereby selling their products in the open markets. All these malpractices can be kept in check only with the intervention of the Vigilance Enforcement wings.
The Parliamentary Standing Committee 2004 had made a few suggestions to the Seed Act, post inspecting the same. However, these suggestions have not reflected in the recent draft bill on seeds that are being proposed to be introduced by the present government.
The government is seeking an opinion on this bill, from the nation. It has offered to make the suggestions by the end of November. As per the Seed Act 2019 Draft Bill, under Section-21, it is stated that any farmer who loses on account of such malpractices will be eligible to get the required compensation from the seller company, in accordance with the 1986 Consumers Act.
However, this will not suffice the losses borne by the farmer, as the seller is liable only to pay the cost of the seeds bought and the interest thereupon if any. The farmer, by purchasing the low-quality seed, is losing not just the harvest, but also the time period and energy and other production costs on the agriculture produce that he intended to produce, by purchasing that particular seed. Such trials also take a toll on the farmers, as they will have to forgo their daily agricultural work, to attend the court.
Hence the consumer forum should take into consideration all such factors and make the company responsible for the same, before arriving at a certain amount of compensation that is to be paid to the farmer. This is the change that the farmers are looking forward to being included in the new draft bill. The farmer associations also feel that it is necessary for such forums and committees to have representatives of the farmer community on board so that a transparent and humanitarian trail run can take place, in every such case.
Also, the current draft bill also brought in a ban on the policy of self-certification of the companies with regards to the quality of the seeds they sell. This change has been warmly welcomed by the farmer community.
However, it is also stated in the bill, that the price control on the commercial crop seeds is restricted with the Committee only in very specific situations. This again will not help the farmers much. Hence, the state governments should be taking the responsibility of the price control mechanism irrespective of neither special occasion nor the type of crop. This policy should be included in the draft bill.
As per Section-40 of the bill, rules are framed with respect to the import of foreign seed variety keeping in accordance with the Environmental Protection Act. The imported seeds are supposed to be quarantined for at least 21 days from the day of import and be researched on the adaptability of the seed and crop to the local climatic conditions before it can be put up for sale into the open market. All such changes are being requested by the farmer community, in the proposed bill.
Generally, the seed quality is determined to be cent percent, while the crop quality is to be 80 percent. Anything below this stipulated quality percentile is said to be of a very low quality. This quality assurance needs to be mentioned as mandatory in the bill.
As per section-23, the licenses and permissions to sell the seeds need to be catered only to degree holders in agriculture. Various factors such as gene purity, spurious acts of duping the farmers with low-quality seeds and untimely provision of seeds and other malpractices are to be brought under check by penalizing the sellers with imprisonment of 1 year or/and payment of penalty ranging from Rs.25,000 till Rs. 5 lakhs.
Earlier, the Act of 2004 itself mentioned about this penalizing act with a range of Rs.50000 to Rs. 5 lakhs. The Parliamentary Standing Committee also stated imprisonment of a maximum of one year along with / or penalty up to Rs.10 lakhs. However, the 2019 draft bill has conservatively decreased the penalties. These should be revisited as per the suggestions of the Parliamentary Standing Committee. Further, it is also felt that the companies who are indulging in such fraudulent methods should be revoked of their licenses permanently. Also, such companies should also be brought under the PD Act, thereby disallowing them to continue such malpractices.
There have been various other suggestions sent in by the Asha Workers, Rythu Swarajya Vedika and Akhila Bharata Rythu Sanghams, to the Union Ministry for Agriculture. It would be of great help to the farmer community, if these observations were also taken into consideration, while finalizing, strengthening and passing the draft bill in the parliament.
Rights to the Farmers
It is to be observed that the Seed Act that has been brought into practice way back in 1966, is still in operation even today. As a result, many of the private companies that have been procuring and supplying the seeds are still not quite transparent in showcasing their research and analysis pertaining to the development of the seed quality. Likewise, they are also not in consultation with the Agriculture department with regards to such information pertaining to the seed quality. As a result, there is no information with the department, as to the quality of the seeds prevalent in the open market. Such companies are also into the exercise of nurturing various middlemen who are supposed to get in touch with the farmers and implore them on buying the spurious quality seeds from such mal practitioners. As a result, during the time of paying the compensation, the companies take a step back and wash off their hands stating that the farmer has not got the seeds from them directly. This ends the farmer in deep trouble. The farmer community opines that the government through the department of agriculture should stand witness to such activities during the troubled period and support the troubled farmer.
Even in the case of the genetic production of the seeds, the private companies gain permissions to develop one type of variety and while producing the same, they resort to producing many other non-permitted varieties through illegal means of research. Such varieties have then experimented on the poor illiterate farmer who is the end loser. Though there have been many rules in force, which ban such practices, most of the companies are not brought to justice, many a time, due to various loopholes in the system. Every variety of the seed needs to be patented and registered with the government and this should be a mandatory rule in the draft bill. Only then, shall the farmer be benefited with quality seed. Also, only through such implications, can a farmer who develops a seed variety on his own, even without a brand image, shall be able to sell it to the fellow-farmers, successfully.
The companies when market their seeds, resort to various high-ended results pertaining to the end-produce of their seeds. When the farmer tries to utilize such seeds and does not see the results as proclaimed by the said company, the government should be in a position to take the said company to task. Governments should have the final say in such matters. Only then, can a farmer be benefited in such cases.
When a multi-national company tries to venture into the local market, it is quite necessary to see that the local farmer is benefitted by the company’s product and not the other way round. The company need not enjoy any subsidy in order to make a profit out of such production. Inversely, it should be in the betterment of the local farming community that the governments allow such MNCs to set up their market domestically. All the farmer communities and the Associations are unanimously voting that this should be made a part of the draft bill and legalize the same, so as to help the farmers positively.
Further, it is the utmost necessity that there is stringent price control on every production of the seed variety by such private companies. Any company resorting to the spurious activity of selling low-quality seed and duping the farmer should be brought under strict law enforcement agency and be punished severely. Such companies should be revoked from their licenses permanently and be made sure that they do not start operating under any other name or registration.
Domestic seed corporations or any other foreign company producing the seeds should be strictly doing so, under the complete monitoring of the government.
Lack of Control on Spurious Seeds
It is a usual practice amongst the farmers, to clarify and store seeds from the agriculture produce of their farms, to reuse them for sowing the next crop. However, this is applicable only in the case of straight crops or repeat crops and not the hybrid variety of the crop. A hybrid variety of the crops usually tends to be developed before every sowing of the crop, for new produce. Hence, it becomes compulsory that the farmer has to rely on the seed production companies for procuring the seeds, especially in the case of commercial crops.
India, though doesn’t stand tall in the international market of seed production, it does so in the seed utilization market. As a result, the domestic and international seed producers are lobbying alike with the officials and authorities to capture this vast market of selling the seeds to the largest community of the nation, the farmers.
The year 2002 has seen the then NDA Government come ahead with a new Seed Act, in order to safeguard the interests of the farmer community and put a check to the malpractices of the private companies producing the seeds. Further, in the year 2004, a draft bill has been brought into the foray, partially. However, the bill did not pass through owing to various reasons like not being prioritized amongst other issues. The NDA govt also sought suggestions from various farmer organisations on the matter.
Again in 2010, the Parliamentary Standing Committee made observations that have been forwarded to all the state governments for respective suggestions. The draft bill has been almost finalized with a few incorporated suggestions.
However, many of the farmer associations across the nation have completely deferred the bill, stating that the bill has been drafted keeping the interests of the companies in light, rather than the farmer community. It was felt that this might be a result of the lobbying of the private companies and the government in general.
It is to be seen now, if the current government of Modi can bring about the expected and hoped for a change in the latest Seed Act, 2019 that can bring about a satisfactory smile on the Indian farmer’s face!!
