Guaranteed MSP, legal safety net key features of Congress’ draft farm law 

NEW DELHI:  Ensuring that farmers don’t get below the minimum support price (MSP) for their produce, providing them the option to seek legal remedy in case of a dispute, punishment for harassment of farmers by big corporate houses and collection of cess by states — these are the key provisions of a model law drafted by the Congress and circulated to party-ruled states to override the central farm legislations.   

The Protection of Farmers Interest and Farm Produce (Special Provisions and State Amendment) Bill, 2020, has been cleared by party MP and legal expert Abhishek Manu Singhvi and has already been circulated to Congress governments in Punjab, Chhattisgarh and Rajasthan to modify it vis-a-vis state specific requirements and get passed in respective state assemblies. 

Congress president Sonia Gandhi had earlier asked party ruled states to explore the possibilities to pass laws in their states under Article 254(2) of the Constitution to override the Central laws.

Farmers in Punjab and Haryana, have been holding protests opposing the newly enacted agri laws raising questions related to MSP, possible exploitation of small and marginal farmers by corporate houses and denial of the right to legal remedy in case of dispute between farmers and contractors. 

The draft Bill has a provision that none can enter into contract with farmers without ensuring the price for agriculture produce more than or equal to the MSP and there will be a clause that farmers can approach civil court, if required.

Many opposition parties have demanded the inclusion of the MSP clause in the Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020. 

Under the new law, farmers cannot approach civil court in case of a dispute (between farmer and buyer after entering into contract farming) and the matter will be addressed by sub-divisional magistrate and appellate authority.   

The draft law includes provision for punishment under IPC to individuals or groups for putting pressure on farmers to sell produce below the MSP. The proposed amendment provides them the right to approach civil court and other legal remedies in case of a dispute.

Many states have objected to the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act that prohibits them from levying any market fees or cess outside APMC (Agricultural Produce Market Committee) areas.

But, the model draft mentions that state can levy cess on any kind of trading of agriculture produce outside APMCs, keeping in mind that it is a source of revenue for states.

The Essential Commodities (Amendment) Act gives power to the Centre to regulate food items in extraordinary circumstances or impose stock limits if there is a steep price rise. The draft ensures states also have similar power.

Chhattisgarh rejects Centre’s farm laws, to have own legislations

The Bhupesh Baghel cabinet has rejected Centre’s agriculture laws and decided to go for a legislation of its own by calling a special session of the House. State Agriculture minister Ravindra Choubey said, “The Centre’s agriculture laws have already triggered widespread protests among the farmers. Congress government in Chhattisgarh will ensure the interest of the farmers remain safeguarded and we will frame new agriculture law resorting to constitutional provisions by calling the special session of the House.”

The Chhattisgarh Congress has earlier launched a statewide signature campaign to collect 2 million signatures of the farmers against the newly-enacted farm bills.

The campaign will continue till October 31 during which the party workers have been asked to visit every household of farmer.