A comparative analysis of states' resolution passed against farm laws

Non-BJP ruled states Punjab, Rajasthan, Chhattisgarh, Delhi, Kerala and West Bengal have passed a resolution against the three farm laws demanding a repeal of the three contentious farm laws.

Hyderabad: With thousands of farmers protesting at various border points in the national capital, six states have passed a resolution against the three farm laws claiming it to be 'death warrant' for farmers. Till now, Punjab, Rajasthan, Chhattisgarh, Delhi, Kerala and West Bengal have passed a resolution demanding repeal of the three contentious farm laws. Here is a comparative analysis of six states which have passed a resolution against the Centre's farm laws.

Punjab becomes the first state to pass farm laws

Punjab is the first state to pass the counter farm bill. All opposition party except BJP, who decided to stay away from the special session, unanimously passed and handed over the bill to the governor. The farmer's produce trade and commerce (promotion and facilitation) special provision and Punjab amendment bill 2020 allows authorities to impose fines and jail of not less than three years on any individual who buys, or sells, wheat or paddy below MSP.

The farmers (empowerment and protection) agreement on price assurance & farm services special provision and Punjab amendment bill 2020 proposes that anyone harassing the farmers to sell below the MSP will be punished. The Essential commodities special provision and Punjab amendment bill 2020 has the provision to check hoarding and black marketing of agriculture produce. They will hold the interest of limits. The code of civil procedure (Punjab amendment) bill 2020 provides farmers, withholdings of up to 2.45 acres, relief against their land being attached in the recovery process.

Rajasthan follows suit

The three Bills, pertaining to the State amendments to the Central statutes, were the Farmers Produce Trade and Commerce (Promotion and Facilitation) (Rajasthan Amendment) Bill, 2020, the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services (Rajasthan Amendment) Bill, 2020, and the Essential Commodities (Special Provisions and Rajasthan Amendment) Bill 2020. The Bills have sought to restore agricultural safeguards in the State through the regulatory framework of the Rajasthan Agricultural Produce Markets Act, 1961, in order to secure the livelihood of farmers, farm labourers and others engaged in agriculture and related activities. One of the Bills has provided for imprisonment of three to seven years along with the fine of ₹5 lakh for harassment of farmers.

No farming agreement for the sale or purchase of a crop will be valid unless the price paid for the agricultural produce is equal to, or greater than, the prevailing MSP announced by the Central government, according to the Farmers Agreement on Price Assurance Bill. The Bill seeking to amend the Essential Commodities Act has proposed to protect the consumers from hoarding and black-marketing of agricultural produce and secure the interests of farmers.

Chhattisgarh- Third state to pass resolution against farm laws

The Chhattisgarh Krishi Upaj Mandi (Amendment) Bill, 2020, was passed in the Assembly, seeking to protect farmers from fluctuating market prices, by calling the two-day special session. The Bill allows the state government to establish deemed mandis or declare private markets as deemed mandis for the regulation of marketing of notified agricultural produce, said the Congress minister.

The Bill also has the provision to ensure power to the secretary or any employee of the market committee or board, who is empowered by the competent authority or notified officers, to order the production of accounts relating to the purchase and sale of the notified agricultural produce from any person. These officials will also have the right to inspect storage facilities (godowns) and vehicles and if required and can seize them. The Bill allows the state government to establish an electronic trading platform sale of notified agricultural produce. Agriculture Minister Ravindra Choubey said amendments were made in the state's Mandi Act to help farmers get better price for their produce, adding the Bill did not violate any central laws, thereby avoiding confrontation with the Union Government. "80 per cent of the farmers in the state are small and marginal cultivators."Since they neither have the capacity to store grains nor bargain for fair prices, it was necessary to establish 'deemed mandi' and an electronic trading platform for their benefit."

Kejriwal appeals to govt to repeal farm laws

After Punjab, Chhattisgarh and Rajasthan, Delhi state assembly convened a special session and passed a resolution against the three agricultural farm laws. The resolution to repeal the laws was introduced in the Assembly by AAP leader and Delhi Transport Minister Kailash Gahlot.

“This house rejects all the three enactments and earnestly appeals to the Government of India that in the interest of the nation, the farm laws passed by the Parliament may be repealed with immediate effect and a separate Bill guaranteeing government purchase of all crops at MSP (minimum support price) be passed by the Parliament and all other demands be accepted,” Gahlot read out the resolution.

Kerala and West Bengal also join league

The laws would weaken the bargaining power of the farmers before the combined strength of the corporates, the resolution noted.

“The laws lack provisions for ensuring the protection of farmers. In a scenario where the government withdraws from procurement, it will jeopardise the distribution of food and food security and lead to an increase in hoarding and black marketeering,” the resolution said.

“Moreover, agriculture is a State subject under the Seventh Schedule of the Constitution. As a matter that seriously affects the States, the Bills should have been discussed in a meeting of the inter-State council. That the Bills were passed in haste without even referring them to the Standing Committee of the Parliament is a serious matter,” the resolution noted.

The West Bengal Legislative Assembly passed a resolution against Centre's three farm laws, becoming the sixth state to do so. The resolution against the laws was tabled by chief minister Mamata Banerjee earlier in the day.

Similarities and differences

The counter bill passed by Punjab and Rajasthan are somewhat similar to each other. As their provision of the imposition of fine and imprisonment for purchasing below MSP and leaving the farmers at the mercy of corporates are same.

However, the term of jail and the amount of fine is different. They both also add a clause of a security check on storage godowns to avoid hoarding. Punjab additionally passed the code of civil procedure (Punjab amendment) bill 2020 provides farmers, withholdings of up to 2.45 acres, relief against their land being attached in the recovery process.

Unlike Punjab and Rajasthan, Chhatisgarh is seeking to protect farmers from fluctuating market prices. Their bill allows to establish deemed mandis or declare private markets as deemed mandis for the regulation of marketing of notified agricultural produce. It also has the provision to ensure power to the secretary or any employee of the market committee or board, who is empowered by the competent authority or notified officers, to order the production of accounts relating to the purchase and sale of the notified agricultural produce from any person. As like Punjab and Rajasthan, Chhatisgarh adds a clause of a security check on hoarding also. It also establishes an electronic trading platform sale of notified agricultural produce.

The remaining three states- Delhi, Kerala and West Bengal- passed simply a resolution to repeal these laws and Demand a Law on MSP citing food security, constitutional validity and farmers fundamental right and interest.