ROLE OF JUDICIARY IN CURBING FARMER’S SUICIDE IN INDIA: A LEGAL STUDY BY - NAVDEEP KAUR
ROLE OF JUDICIARY
IN CURBING FARMER’S SUICIDE IN INDIA: A LEGAL STUDY
AUTHORED BY - NAVDEEP
KAUR,
Assistant Professor
of Law
SBBSU, Jalandhar,
Punjab
Abstract
Agriculture is the primary sector in
India. India has an essentially agrarian economy because
about 70% of its people rely on agriculture for their livelihood, either
directly or indirectly. Despite rapid expansion in the secondary and tertiary
sectors, the majority of Indians still depend on agriculture as their primary
source of income. Sadly,
though In India, around 12,000 farmers committed suicide each year. Suicides by
farmers appear to be quite widespread in India. Suicides by farmers are
becoming an epidemic in many Indian states, including Punjab. Thus, the Mass
Poverty and debts are the prime cause of farmers’ suicides in Punjab. The
researcher here tries to answer as what role judiciary has to play in order to
curb these suicidal deaths of farmers and also to highlight some affirmative
suggestions to de-root this menace from our society.
Keywords: Agriculture,
farmer’s suicide, judiciary
Agriculture
has historically served as the cornerstone of the Indian economy and is
expected to maintain this role in the future. Maintaining almost 17% of the world's population while using only 2.3%
of the planet's land area and 4.2% of its water resources is its
responsibility.
The
economy is currently experiencing accelerated growth, a trend attributed to the
economic reforms initiated in the country during the early 1990s.The GDP has grown at a faster rate in recent years,
rising from less than 6% in the early years of reform to over 8%. This occurred
mostly as a result of the non-agricultural sector's explosive rise. Between
1980–1981 and 2006–07, there was a very slight decrease in the percentage of
workers employed in agriculture, from 60.5 percent to 52 percent. There has been an increase
in the suicide rate among farmers and agricultural labourers in recent years,
particularly between 1995 and 2005. When compared to non-growers, cultivators
have a greater suicide rate. Farmers in the districts of Sangrur, Bathinda,
Barnala, Mansa, and Ferozepur have been found to be more likely to commit
suicide.[1]
Until the root reasons of farmer suicides are identified and comprehensive
policies and programs are developed, the issue will remain unsolved. The
disturbing causes behind the suicides of Punjabi farmers call for a thorough
investigation. Therefore, a methodical and impartial investigation into the prevalence
and reasons of suicides in Punjab is required. The suicides of Punjabi
farmers bring attention to the profound rural poverty that is often
overshadowed by the prevailing notion that India, a nation of billions, boasts
one of the most rapidly expanding economies globally.
ISSUES
RELATED TO AGRICULTURE
l. Monocropping and Faulty Cropping
Practices
The
primary factor contributing to Punjab's looming environmental crisis is the
Green Revolution's adoption of intensive agricultural practices. Since the 1960s,
the region has experienced heightened grain production due to the practice of
double monocropping, specifically summer rice (chona / munji) and winter wheat
(kanak). However, because of the
rising demand for irrigation, this has led to water use that is above
sustainable levels. The overuse of chemical pesticides and fertilizers has also
contributed to the deterioration of the ecosystem. Within 45 years, Punjab's
soils have lost much of their micronutrient content. Punjab's pedosphere,
lithosphere, atmosphere, hydrosphere, and biosphere have all suffered from
intensive agricultural practices.
Punjab does not traditionally grow rice. In the state of Punjab, the rice crops use approximately 85% of the freshwater resources.
Because
of the efficient use of "virtual water" in the form of wheat and rice
imports from the Punjab region, India's water resources are being depleted. The
situation has become critical, according to the International Rice Research
Institute (IRRI), which has sparked debates about how much rice can be grown in
the irrigated Indo-Gangetic Plains and methods to keep the area productive
without depleting water supplies. In addition, there has been a discernible
decrease in the production of less water-intensive crops such fruits,
vegetables, lentils, and millet.
2. Agricultural Product Marketing and
Distribution
In the state of Punjab, farmers are
restricted to selling their goods in mandis, or wholesale markets, located in
nearby towns or weekly local markets. Aarthiyas, or commission
agents, and mashokars, or middlemen, who gather fees on behalf of the
government, supervise the mandis. Most arthiyas also function as moneylenders, and as a result,
farmers may be indebted to them. The antiquated and ineffectual
agricultural marketing mechanisms in Pakistan and India are to blame for the
inefficient distribution and selling of agricultural products in Punjab.
3. Insufficient Economic Liberalization
The agrarian economy of Punjab has
struggled to achieve significant diversification. Consequently, intensive
farming practices and their associated environmental repercussions have
continued unabated. There is an urgent need to encourage private investment
from both domestic and international entities to establish a more efficient
framework for the processing and marketing of agricultural goods, as well as to
relax import and export regulations. However, farmers currently face
restrictions on the transportation of their products. The movement of goods
from Punjab to other Indian states or to foreign markets is limited. For
instance, the Indian government removed the prohibition on wheat exports from
all states other than Punjab and Haryana in January 2004.
4. The Pesticide
Conundrum
It includes herbicides, insecticides, fungicides,
and rodenticides, are used to control a wide variety of pests. Punjab State
accounts for only 1.5% of India's land area, but it utilizes over 18% of the
country's pesticides. Furthermore, roughly 75% of the insecticides used in
Punjab state are consumed in the southwest regions of the Malwa region. The
usage of pesticides has been linked to major health issues as well as
environmental issues. Research conducted in Punjab has revealed the presence of
pesticide residues in fruits, vegetables, and cow's milk.
5. GM (Genetically modified) Crops
In March 2002, This was first planted in India. In
2005, the cultivation of Bt cotton—cotton plants altered with Bacillus
thuringiensis bacteria—was approved for the north zone, which covers Punjab
state. Cotton farmers have discovered that the plant is
susceptible
to other pests, so it needs antibiotics sold by genetic companies. In
Punjab, rapeseed, also known as brassica juncea or sarson, are more
usage oil and food crops. A variety of GM mustard has been
created by an Indian business. Because of new genetically modified
contains five foreign seeds, its dangerous for Environment and for health Of
Human Being. Punjab will also be sensitive to the issue of
GM mustard because it contains tobacco ingredient.
6. Situation of the Farmers: Suicides
and Debts
Despite the annual increase in the cost of
agricultural produce, Punjabi farmers' incomes have not increased. Spending by
farmers on pricey inputs for agricultural productivity has increased. They have
frequent blackouts, and relying on generators is costly given the rising price
of diesel. These days, farming is primarily a debt-based endeavor. The owners
of the land have mortgages to banks and moneylenders known as shaukars, and
they lack the means to pay back these loans. The state's agricultural debt has
almost tripled since 1996, according to the Movement Against State Repression
(MASR). The state government of Punjab has verified that 2,116 farmers have
killed themselves since 1988. But according to a MASR survey, throughout the
previous 17 years, around 40,000 farmers in the state have killed themselves.
Agriculture experts are worried about the rising rates of poverty and
landlessness among Punjabi farmers. Instead of searching for comprehensive and
long-term answers, some regrettably advocate contract farming, technology, and
the involvement of large businesses in the agriculture sector.
7.Environmental Concerns and Women's
Rights
It is uncommon for women to be acknowledged as
economically effective workers on family farms. Furthermore, the men usually
have the final say over any money made from this labor. Girls and women do not
typically receive pocket money for helping on family farms, but boys do. It is
true that panjabi women are heavily involved in cottage industries, livestock
rearing, and agricultural output. They execute these jobs on top of their
regular household chores and take part in all agricultural producing processes.
Women will also have to go several kilometers to get water due to environmental
degradation and water scarcity.
8.Landless Farmers
The number of landless people has increased as a
result of the Green Revolution's increasing pauperization of marginalized and
impoverished peasants. Insufficient industrial growth in metropolitan areas
means they have no employment opportunities. Due to their debt, many farmers
are unable to repay their debts. After that, they are made to sell their land
and become labourers without access to land. But the majority of these
agricultural labourers are impoverished. Some of them take out high-interest
loans from the landlords, which add up over time. The loan cannot be repaid
after several generations. As a result, the landlords end up using them and
their families as bonded labour.
9.Sustainable Development and
Agricultural Diversification
The agricultural sector in Punjab sorely needs
diversification, with a focus on sustainable techniques, organic farming, green
farming, integrated farm concepts, and ecologically friendly approaches. This
necessitates the implementation of an all-encompassing approach based on
eco-farming practices, agro-ecological theories, and local agroclimatic
conditions.
Cropping patterns need to be adjusted to
incorporate the planting of fruits, vegetables, fiber crops, oilseeds,
mushrooms, and fodder crops. Other examples include medicinal, spice, and aromatic plants. Gardening,
agriculture, hydroponics, animal cultivation, apiculture, and silviculture are
more roads for Panjabi ranchers to enhance their organizations. Through
agro-industries located in the villages, these will create jobs in rural areas.
A sufficient infrastructure must also be in place for harvesting, handling,
processing, storing, quality assurance, and selling.
10. Impact of Climate Change on
Agriculture
Climate change will have a significant impact on
Punjab's agriculture systems. Reduced productivity, a poor harvest, and
moisture stress will arise from soil water depletion. However, global warming
would lessen oilseed frost damage and encourage higher yields of winter crops
like legumes. It may cause the rice and cotton growing seasons to shorten,
allowing farmers to plant another leguminous crop. On the other hand, increased
production costs are likely to result from the increased demand for irrigation.
Furthermore, the patterns of land use associated with agriculture and herding
would be impacted by climate change. Furthermore, the desiccation of semi-arid
regions would pose a danger to the food production capacity of the Punjabi
plains. The opening up of agriculture, which will result in a variety of
cropping patterns in response to shifting climatic trends, will require
Punjab's economic liberalization.
STATEMENT OF PROBLEM
The current study examines farmer suicide. Everyone
has the right to life and personal freedom, yet occasionally circumstances like
these are brought about by one person encouraging, helping, or assisting
another in taking their own life. Such an individual will be accountable for a
criminal offense. Men commit suicide for a variety of causes and under a range
of conditions. One of the major causes of the early or unnatural termination of
priceless human lives is suicide. It is a worldwide issue. A person cannot be
found guilty of abetting the suicide of another person unless it is proven that
the other person actually committed the suicide. Abetting is defined as the
deliberate and mental process of inciting someone to do something or helping
someone else accomplish it. Farmers have generally committed suicide as a result of crop failure or
excessive debt from loans or expenses incurred over the previous 20 years.
There are too many contributing causes to this kind of crises, and not enough
attention is given to them. As a result, these elements are building up over time. Consequently,
this study makes an effort to understand the issues that the Punjabi farming
community faces. The report makes every effort to concentrate on topics like
the causes of farmer suicides in Punjab.
SIGNIFICANCE OF STUDY
Suicides by farmers are becoming a major problem in
many Indian states, including Punjab. Initially, the problem of farmer suicides
only affected one area of Punjab, but in recent years, many other areas of the
province have seen a significant increase in farmer suicides. To determine the
specific contributing causes to farmer suicides in each and every Punjabi
region, it is imperative to research the subject of farmer suicide in various
locations. Farmers, the government, and society will all gain from policy
initiatives that prevent farmers from having suicidal thoughts and bring
Punjab's most important human capital into the process of economic development.
Nowadays, farmer suicide has become a widespread issue. Current study
identifies the causes and provides strategies for releasing society from the clutches of offence.
OBJECTIVE OF STUDY
1.
To
research the socio-legal analysis of Indian farmer suicides.
2.
To
investigate the causes of Indian farmer suicides.
3.
To
ascertain the socioeconomic factors that contribute to farmer suicide
4.
to
investigate the court's role in lowering the likelihood of farmer suicide.
5.
to
investigate potential solutions to the problem of farmer suicide in India
HYPOTHESIS
Suicides by farmers have been occurring all
throughout Punjab. Clearly, there are other causes of farmer anguish besides
debt. There are a few stubborn factors, such inadequate irrigation, fragmented
land, and insufficient seed; farmers will always have to deal with declining
crop prices and insufficient finance sources. In Punjab, widespread poverty is
also a major contributing factor to farmer suicides. Punjabi farmer suicide
rates have not decreased despite current laws and government initiatives.
RESEARCH METHODOLOGY
The main and secondary sources will serve as the
study's foundation. The understanding of mental health, the requirements and
protections for their rights, and state culpability will serve as the
foundation for this investigation. Furthermore, secondary sources such as
books, textbooks, journals, periodicals, articles in different newspapers, etc.
will also form a part of the study. With limited time, the doctrinal research
technique is being employed. Online resources for information are also
utilised.
RESEARCH GAP
The goal of the researcher is to close any gaps,
incomplete cases, and shortcomings. The depressing suicide stories never stop.
Legislation should be used to make the changes. In order to decrease the number
of suicide incidents.
RESEARCH QUESTIONS
1.
What are
the various reasons why a farmer would take their own life?
2.
How does
the courts contribute to reducing the threat of farmer suicide?
3.
What are
the different clauses that punish the criminal for encouraging the suicide of farmer?
4.
What
international regulations exist regarding farmers who commit suicide?
5.
Is it
enough for the legal provisions to address the current issue?
6.
How do
social media and the media contribute to the encouragement of suicide?
CAUSES OF
FARMER SUICIDES
Following
Reasons for Rural Suicide
• Most ranches are little and financially impractical
The majority of Indian farmers actually only have
two acres of land. It is not economically feasible to cultivate such a small
area. These tiny farmers are now at risk. Since a large percentage of the
profits are used to pay the land's lease, it is frequently the case that
farmers are not even the landowners, making profitable farming impossible.[2]
• Rapid
increase in debt
The primary cause of the farmer's suicide is the
high level of debt that the farmers are facing. This extreme debt is not a
recent occurrence that happened overnight. The credit technique known as
establishment has been in place for a while. The mismatch between the cost of
production, the market price growers receive at the end of each cropping cycle,
and the support price is what leads to the indebtedness itself. Landholding
patterns are becoming more and more indebted. The majority of those impacted
are small and medium-sized farmers, although huge landowners in the state's
rain-fed regions are also feeling the pinch. The farmer debt rate in Punjab is 80.7%, with farmers
owing Rs. 21064 crore in debt and households owing Rs. 178934. A study by
Punjab Agricultural University found that 73% of suicide victims in the
districts of Ludhiana, Fatehgarh sahib, Bathinda, Sangrur, and Mansa committed
suicide due to debt, while 27% did so for other reasons.[3]
• Multiple crop failures
Crop failure has occurred consistently each year.
The land's production has decreased for a variety of reasons, including this
crop failure. Some of these causes may include abuse of fertilizers and pesticides,
an over-reliance on HYV (High Yielding Variety) seeds, and, more recently,
genetically modified seeds like Bt cotton.As a result, crop failure stops being
a singular event and starts to recur periodically. The farmers have run out of
options after experiencing repeated agricultural failures, therefore they have
taken their own lives.[4]
•Natural
calamities
Suicides among farmers are caused by natural
disasters in addition to economic factors. The majority of agricultural
productivity is contingent upon favourable meteorological conditions. Natural
conditions such as heavy rain, floods, droughts, delayed rain, heavy cyclones,
and man-made reasons like reduced subsidies, fire, accidents, and so forth have
gotten worse due to global warming, deforestation, and other human-caused
factors. Farmers are consequently unable to draw from their land both
qualitative and quantitative produce. Farmers do not receive a fair return on
their product in the market even when all the conditions are favourable for them
in terms of output quantity and quality. This is because a decrease in demand
for a thing or service causes the price of that good or service to
automatically decrease as supply of the good or service increases. Farmers typically aren't
able to recoup the cost of their produce. Every year, the state governments set
the Minimum Support Price (MSP) for agricultural products. However, the
government's declared MSP is lower than the entire cost of manufacturing. These
factors make farming an assured loss-making venture, but India's marginal and
small farmers have no alternative means of subsistence, so they continue to
devote all of their energies to the industry. Suicide is often the result of
their aggravation with ongoing losses, which renders them bankrupt.[5]
• Absence of substitute revenue streams
The state's primary sector is agriculture, and the
vast majority of its residents live in villages. However, weather patterns have
a significant effect on farming. Thus, in addition to agriculture, related industries
like dairy, poultry, mushroom farming, etc., can provide a second source of
income. However, farmers are unaware of this because the government has not
taken any action in this area.
•Financial
institutional credit
The increased financial needs of farmers resulting
from the Green Revolution model made them more dependent on non-institutional
sources of finance. Even after 68 years of independence, private money lending
continues to be the primary source of loan availability for small and marginal
farmers.This is because the banking sector is rapidly withdrawing from the
credit distribution network.[6]
•Exploitation
by Arhtiyas
Farmers who don't have any other sources of income
except farming must rely on credit in order to pay for their everyday costs as
well as the large sums of money needed for farm equipment, infrastructure, and
high-quality inputs. Farmers are dependent on arhtiyas to cover costs like
motor burnouts, submersible pump installation (which can run up to Rs 3 lakh),
and other household necessities. For temporary formal loans to cover seasonal
agricultural costs, cooperative societies provide them. Due to their frequent financial
needs and the ease with which loans may be obtained at any time of day, farmers
have grown to rely significantly on commission agents, or arhtiyas. Farmers are
heavily indebted to these large loans because Arhtiyas take advantage of them
by charging higher interest rates. They take their own lives when they are unable to
repay these large sums.[7]
•Increase
in Cost of Production
Farmers are forced to take their own lives due to
the sharp rise in the price of fuel, fertilizers, pesticides, and seeds.
India's agriculture sector needs a large labour force for tasks including
plowing, digging, maintaining the soil, applying herbicides and insecticides,
cutting, transporting, and selling goods—all of which cost money. Furthermore,
hybrid seeds—which are exceedingly expensive and out of reach for India's
marginalized and impoverished farmers—are also necessary for producing goods of
a high enough quality and quantity. The recently implemented farming system has
raised production costs, which has resulted in debt and, ultimately, in the
suicide of farmers.[8]
•Ground
water depletion
Groundwater in particular has been overused in
Punjab as a result of intensive agriculture focused on paddy-wheat monoculture.
Presently, about 1.3 million of the nation's 20 million tubewells are located
in Punjab, which accelerates the extraction and depletion of groundwater. The
region in central Punjab, known as the "sweet water zone" and
dominated by rice crops during the kharif season, is where the overexploitation
of groundwater resources is particularly problematic. The average annual fall
in the groundwater table in central Punjab from 2000 to 2005 was 91 cm, which
is alarmingly high, despite the fact that the decline was 17 cm in the 1980s
and 25 cm in the 1990s. The state's water table is dropping in 110 of its 142
blocks as a result of excessive water extraction. It is anticipated that in central Punjab, the water
table depth will drop below 70 feet in 66% of the territory, below 100 feet in
34% of the land, and below 130 feet in 7% of the region by 2023. Due to the
depletion of groundwater resources, the cost of irrigation for wheat and rice
crops has skyrocketed in recent decades. Farmer indebtedness has increased as a
result of the growing cost of deepening wells and switching from centrifugal to
submersible pumps. This has a relatively bigger detrimental effect on small and
marginal farmers who lack the resources to make these investments.[9]
•Technological
change
Since the green revolution, new hybrid seeds,
insecticides, herbicides, and agricultural cultivation technology have made
farming considerably easier and more productive.
However, these breakthroughs and technologies are
so expensive that small and marginal farmers cannot afford them.
• Small farmers
are not reached by government programs
In order to support more than 36 million farmers,
the government launched an agricultural loan waiver and debt reduction program
in 2008.The program also provided direct agricultural loans to farmers who were
experiencing financial difficulties via the Kisan Credit Card. However, the
poor farmers do not gain from most of the social programs and subsidies that
the federal and state governments have promised. Conversely, the only people
who profit from those methods are large landowners.[10]
•Political
reasons
In addition to ideal economic and meteorological
conditions, the political environment is crucial for the success of any firm or
profession. The agricultural industry is completely ignored by politicians who
have significant influence over policy and decision-making. They regularly
announce different farmer aid programs but never really put them into practice.
Thus, the benefits of such packages are not received by the farmers in need.[11]
•Illiteracy,
traditions & culture
In addition to illiteracy, tradition, and culture
drive farmers to take their own lives. Farmers lack literacy and information,
thus they do not see the value in schooling. Due to their lack of education,
they resort to orthodoxy and other religious practices, which again cost
additional money. They occasionally took out large loans with exorbitant
interest rates from private money lenders in order to carry out these
activities. In addition, farmers who marry their daughters are required to
offer their son-in-law a sizable sum of money and gold. The farmers feel
frustrated and consider suicide if they are unable to carry out all of these
customs and cultural practices.[12]
•Lack of
work culture
In the past, farmers worked their fields on their
own, with assistance from family members who would lend a hand when needed.
Today, farming depends solely on labour hired by the farmer. They merely hire
the labour; they don't look into the caliber of the labour's output.
•Nuclear
family
Joint families have broken up. Nowadays, every
household purchases a submersible pump, a motorcycle, a tractor, or even a car,
and landholdings decrease as a result of divisions. The majority of suicide
victims were from nuclear families, which provided credence to the theory that
the recent dissolution of joint families in rural areas is a hidden cause of
suicide. Compared to a nuclear family, there are less expenses in a mixed
family.
LANDMARK
JUDGEMENTS ON FARMER’S SUICIDE
The highest judicial authority in India is the
Supreme Court. Prior to anything else, though, we must comprehend the function
of the legal system. In India, courts have the authority to hear cases and
render judgments on a wide range of topics, such as whether two states may
share resources or how a school should handle its pupils. Additionally, courts
have the authority to punish offenders.
After considering a public interest litigation
(PIL) petition submitted by Citizens Resource and Action Initiative (CRANTI),
which brought attention to the problems faced by farmers and the fact that
their inability to repay debts frequently drives them to take their own lives,
the Supreme Court issued an order. The Bench, presided over by Chief Justice of
India JS Khehar, gave the Central government a six-month window to address the
concerns of the farmers.
According to the court decision, within the next six
months, farmers' initiatives like the Pradhan Mantri Fasal Yojana, which
currently cover 40% of farmers, must cover roughly 50% of the target
population. As a result, nowadays, only 53.4 million of the 120 million farmers
are receiving benefits from government programs, and only 30% of all farmland
is protected by the Central government's crop insurance programs.[13]
In the case of Principal Secretary, Government
of Maharashtra v. Secretary, All India Biodynamic and Organic Farming
Association, and others[14]
reported in, the Bombay High Court Division Bench resolved that corrective
action should be taken by the government at the end of 113.16 pilos in order to
prevent farmer suicides. The Tata Institute of Social Sciences' report was
cited by the court in the aforementioned ruling, and paragraph 16 of the ruling
included the following instructions. Considering the results, the following can
be used to summarize the main causes of suicide among cultivators in the State
of Maharashtra:
1.
Growers
commit suicide primarily because of their heavy debt load at the moment. It did
not happen overnight that this loan became due. It is caused by the credit policy
that has been in place for a number of years;
2.
Growers
incur debt when their crop expenditures are not covered by the price they
receive at the end of each cropping cycle.
3.
Based on
field statistics, it appears that crop failures have occurred often during the
past four years. For a number of causes, the land's production has decreased as
a result of these crop failures. The overuse of pesticides, an excessive
dependence on HYV seeds, and, more recently, a certain quantity of genetically
modified seeds, such Bt cotton, are some examples of these problems. Crop
failure thus turns into a recurring phenomenon rather than an isolated
incident;[15]
4.
High
levels of debt are dispersing over landholding patterns. In that regard, the
majority of those impacted are small and medium-sized farmers, however huge
landowners in the state's rain-fed regions are also feeling the pinch;
5.
Based on
field data, it appears that even after 55 years of independence, small and
marginal farmers still mostly obtain loans via private money lending. This is
the outcome of the banking sector swiftly withdrawing from the credit
distribution network;
6.
The main
method of cultivation in Maharashtra is rain-fed. Due to the lack of a reliable
source of irrigation, small and marginal landholders are not affected by the
subsidies provided for fertilizers, herbicides, irrigation, and energy.
Therefore, people who grow income crops that need irrigation are forced to rely
on rainfall, which can be unpredictable even in the best of times. The system
is under extreme strain as a result. Since subsistence farming cannot meet the
cultivator's demand for liquid capital to survive, the cash crop takes on the
status of a sort of necessity. Small and marginal farmers are being forced to
grow commercial crops under duress more and more, which is exacerbating the
debt situation;
7.
The agents
of seed and fertilizer businesses provide the farmers with most of their access
to a knowledge base;
8.
The
government's strategy can be described as blatantly indifferent. For example,
the government's extension system is concealed even though it could give
growers access to an unbiased database of data;
9.
There is
essentially no safety net for cultivators, particularly small and medium-sized
ones; approximately 80% of casualties have not received any form of government
compensation.
Regarding Secretary of the All India Biodynamic
and Organic Farming Association v. Maharashtra Government Primary Secretary and
Others,[16]learned
counsel representing the petitioner heavily relied on the ruling of the primary
seat. This petition supports the reason behind farmer suicides. We cannot
accept the submission of learned Counsel, even though learned Counsel appearing
on behalf of the petitioner heavily relied on the above referred judgment. This
is because the farmers who committed these suicides were depressed and did not
have any support from organizations. As a result, depressed farmers took
drastic measures, and the Court took this into consideration. There is no question
whatsoever about the Court's assessment of the subject of the suicide of
farmers, the majority of whom were illiterate and disorganized.
It is also argued in the case of City Industrial
Development v. Platinum Entertainment[17]
that no agricultural land, no trees, and no greenfield will remain in Indore,
Dhar, Jhabua, and Ratlam Districts if industrial buildings are built. The air
will become contaminated throughout. The nearby communities will experience a
range of illnesses, and the subterranean drinking water will also become
contaminated. Twelve villages in the Indore District do not have portable water
due to the presence of arsenic, iron nitride, and other contaminants, according
to a newspaper clipping dated September 26, 2016 (Annexure-P/10). The
distribution of land to bank defaulters poses a risk to the safety and
possessions of Madhya Pradesh's citizens, thereby contravening Article 21 of
the Constitution.
The petitioner's learned senior counsel has also
brought forth the fact that 75% of the produce in Indore is destroyed, and the
farmers are not given access to insurance or assistance. Heavy
industrialization is the reason why farmers are killing themselves and fleeing
their homes. As mandated by the NFS Act, the State Government is not giving
food grains to residents in areas hit by the drought. Despite the Apex Court's
clear directive in the case of Swaraj Abhiyan (supra). Additionally, the
State Government is not paying compensation to those whose land has been
acquired in a timely manner.
The Indian Supreme Court wrote to the governments
of Kerala, Karnataka, Andhra Pradesh, Maharashtra, and Sanjeev Bhatnagar v.
Union of India and Others in 2006[18]
regarding farmer suicides. The court is
reviewing the nation's agricultural policy in response to a public interest
litigation (PIL) that requests that it intervene due to the increasing number
of farm deaths caused by poverty and debt. The panel consists of three judges:
Chief Justice Y K Sabharwal, Judges C K Thakker and Markandey Katju. The court
pushed the respondents to provide an explanation for why more preventive steps
weren't being taken to stop the suicides.
The High Court of Judicature recently chastised
Telangana State and Andhra Pradesh in Jana Vignaya Vedika V. State of
Telangana and Andhra Pradesh. The High Court also asked both governments
for their responses to the actions they had taken. The bench ruled that
"you are not taking serious this issue" during the hearing of a
Public Interest Litigation petition asking the government to take action to
stop farmer suicides. You are merely providing compensation; you haven't taken
any welfare actions to stop farmers from killing themselves. You must ascertain
the actual causes of the agrarian problem. The bench remarked, "Why don't
you form a committee to find the reasons and solutions?"
In a different case, S. Sundareshan v. Union of
India[19],
a public interest lawsuit that addressed the nationwide problem of farmers
killing themselves was denied by the Supreme Court. The lawsuit requested that
the Center implement the expert body's suggestion to establish the minimum
support price (MSP) for all agricultural products.
CONCLUSION AND SUGGESTIONS:
The primary cause of the suicides among growers is
their high level of debt. This extreme debt is not a recent occurrence that
happened overnight. Its foundation is the credit policy that has been in place
for a while. The indebtedness arises from a mismatch between the cost of
production, the support price, and the market price that growers get at the end
of each cropping cycle. Debt never goes away: The farmer's suicide does not
bring an end to the financial hardships linked to these tragedies. The remaining
family is frequently forced to take on the debt, which means that children must
drop out of school in order to help maintain the family. These young farmers,
who are even more dependent on the farm than before, start purchasing
additional seeds in the hopes of having a bumper crop and wind up deeply in
debt.
Without any other source of income, farmers must rely on credit to pay for their everyday expenses as well as the large sums of money needed to invest in agricultural equipment, infrastructure, and high-quality inputs. Farmers have to rely on arhtiyas for expenses such as motor burnouts, installing submersible pumps (which can cost up to Rs 3 lakh), and even other essentials for their homes. For temporary formal loans to cover seasonal agricultural costs, cooperative societies provide them.
Without any other source of income, farmers must rely on credit to pay for their everyday expenses as well as the large sums of money needed to invest in agricultural equipment, infrastructure, and high-quality inputs. Farmers have to rely on arhtiyas for expenses such as motor burnouts, installing submersible pumps (which can cost up to Rs 3 lakh), and even other essentials for their homes. For temporary formal loans to cover seasonal agricultural costs, cooperative societies provide them.
Due to their frequent financial needs and the ease
with which loans may be obtained at any time of day, farmers have grown overly
reliant on commission agents, or arhtiyas. Under such circumstances, even
seemingly ordinary needs—such as giving their kids a quality education and
covering unexpected medical costs—become enormous burdens that break the
farmer's back. The farmer, like everyone else, is forced to seek out more
expensive private alternatives as a result of the public education and health
institutions' continued inability to deliver effective services of a decent Caliber. Farmers who
lease land for agriculture are also responsible for paying the additional land
rent. Because loans from authorized sources cannot be obtained against property
purchased on lease, these farmers are once again forced to rely on illegitimate
sources like Arhtiyas for the costs of cultivation in addition to the lease
rent. In an effort to break the vicious cycle of taking out more expensive
loans in the hopes of improving their financial situation and repaying earlier
loans with high interest, farmers are forced to take informal loans at
outrageous interest rates (18 to 36 percent) and under unfair terms, such as
having to sell their produce only through their lenders.
SUGGESTIONS:
Crop diversification
Crop diversification and rotation are concepts that
many Indian farmers are unaware of. Rural areas in general and the agriculture
industry in particular have received little attention from the government,
despite the fact that urban schooling has substantially improved. This is the
reason why farmers don't know enough about the many government initiatives. They
ought to receive instruction on crop diversity and rotation. Growing a variety
of crops, such papaya, ginger, turmeric, and so on, will benefit farmers
financially. In order to address the problems posed by the expanding global
agricultural market and the evolving requirements of the populace, numerous
South East Asian nations have resorted to crop diversification as a means of
boosting productivity and producing high-value crops with favourable results.
Collective Farming
For small and marginal farmers, collective farming
offers an excellent alternative in which a group of farmers can work together
on large farms using shared inputs. As a result, safe storage space may be
accumulated at the village level to minimize waste, lower transportation costs,
and sell produce when and where prices are favourable.[20]
Technology Advancement in Agriculture
Economically, it is possible to boost young
engagement in agricultural fields by implementing farm techniques that ensure a
certain success. The only way to do this is to use new technologies. In order
to produce crops with greater yield potential and improved pest resistance,
research activities should be continued. It is important to impart agricultural
technology innovation to small farmers.
Water Management Techniques
There should be less reliance on nature for
agriculture. This necessitates efficient water management during favourable
monsoon seasons. Preventing crop failure ought to be the primary
objective of the administration. The efficiency of water management can be
increased through interstate cooperation on water resources, where surplus
water from perennial rivers can be diverted to the areas in need.[21] The area of cultivable
land that is now without irrigation facilities. With the exception of regions
with permanently flowing rivers, the majority of agricultural fields lack
irrigation facilities. Water shortages are typically caused by improper water management
rather than a lack of available water. Modern irrigation and rainwater
collection techniques should be improved and implemented.
Agricultural Insurance
Agricultural Insurance is necessary, and under the
direction of the district collectors, claims should be handled promptly. Conventional
crop insurance bases a farmer's reimbursement on a direct assessment of the
harm they have experienced. However, because the majority of our farmers are
small holders, field loss assessment is frequently neither practical nor
affordable. Simplifying the application process for crop insurance is also
necessary.
Other Revenue Sources
Small farmers should be given training by the
government so they can learn new skills and become more motivated to begin
earning income from other sources. To lessen reliance on agriculture as the
primary source of income in drought-affected regions, the government ought to
initiate projects aimed at developing alternative labour opportunities. An
alternative route could be a small, Agro-based enterprise. Farmers ought to
create goods that are in high demand and sell for a profit.[22]
Professionalization of Agriculture
It is necessary to counsel and direct farmers on
cost-effective farming practices that will help them save money. The small
farmers should inherit the agricultural technology advancements. Farmers may be
assisted in switching to the cultivation of crops that would be simple and
affordable to cultivate in unfavourable conditions if the current crops did not
fare well under the current drought and weather conditions. Agriculture is not
a traditional occupation; rather, it should be approached professionally. The
government can also look into the idea of combining small farmers' farms to
create a larger area of land that can be farmed profitably. By pooling their fields,
small farmers can take advantage of the economies associated with larger-scale
farming. It is imperative that separate agricultural zones be established, akin
to industrial zones, wherein only operations related to farming and agriculture
are allowed.[23]
Institutional Finance/Credit
Another crucial strategy to protect farmers from
moneylender debt traps is to make institutional financing accessible to all
farmers. If institutional financing is available, the poorest farmers should
have easy access to it. This necessitates doing away with complex procedures
and regulations for getting the loans. Effective oversight of the monies being
disbursed is also necessary because, frequently, a larger landowner benefits
from the loan while the impoverished farmer is merely utilized as a front end.
Furthermore, oversight is required to guarantee that the farmers are allocating
the money appropriately. Small and marginal farmers continue to have
disproportionately limited access to financing even in the face of an increase
in the overall supply of institutional credit. One important source of credit
for agriculture is cooperatives. Farmers that find institutional funding
insufficient or burdensome borrow money at exorbitant interest rates from
private, non-institutional sources. In order to increase their outreach and
guarantee that farmers receive agricultural financing that is appropriate,
timely, and affordable, efforts should be made to streamline the operations of
the cooperative credit infrastructure. Capital investments in the livestock and
agriculture industries should have access to credit facilities with reasonable
interest rates.[24]
Facilities for Marketing
To attract more investment and provide farmers more
options, the Agriculture Produce Market Committee (APMC) Act should be changed
to allow direct farmer marketing and the growth of private marketplaces. Regarding
wheat and paddy, farmers are assured of both pricing and marketing. There are
no equivalent agreements for other crops, like vegetables, fruits, legumes, oil
seeds, and maize. For long-term sustainability, these are the crops that are
advised in terms of diversification and partial replacement of rice area. To
make handling and aggregating food easier for buyers, product-specific markets
should be formed, such as those for milk products, potatoes, chilies, flowers,
and maize. In all of the state's major municipalities, producer's markets modeled
after Apni Mandi or cooperative marketplaces ought to be promoted. It is
necessary to put up a regulatory framework to ensure that both public and
private markets are regulated and run effectively.[25]
Contract Farming
Enforcing mutual contracts between parties can
promote contract farming as a way to guarantee producers a market. To guarantee
the seamless execution of the contract between the contracting farmers and the
contractor, measures for contract farming should be included in the APMC
legislation modification or a separate contract farming legislation should be
enacted.[26]
Delivery of Extension Services
Improving the rate of technology adoption and
agricultural productivity primarily depends on farmers receiving the technology
package created by the university or institute. Farmers should be persuaded of
the benefits of modern technology through demonstrations held in their fields,
encouraging them to embrace it. In the cattle industry, extension services are
virtually non existent, and in the crop sector, including horticulture, they
have not kept up with farmers' knowledge needs. Clearly, the extension services
must be revitalized in order to satisfy the needs of each and every client, or
farmer. Through a yearly induction of extension officers against the resulting
vacancies and development of new posts, the endeavour should be to build an
efficient, well-organized, and result-oriented extension service system.
Skill Based Education
Farmers have become averse to physically demanding
labour due to their over reliance on farm machinery and migrant labour. The
earlier farmers worked on their fields on their own, with assistance from their
families who supplied additional labour. Therefore, in order to boost
productivity and subsequently revenue, farmers and their families must receive
skill-based production.[27]
Simplifying Life and Needs
Punjabis everywhere have a tendency to flaunt
themselves at weddings, naming rituals, and funerals; this should be reduced.
Individuals ought to be encouraged to live modest lives and refrain from
overspending during these special times. Instead of focusing on their position,
the people should consider their true financial situation.
[1] Singh, H. and Manisha. 2015.
Crisis in agricultural heartland: farm suicides in malwa region of Punjab,
India. International Journal of Advancements in Research and Technology. 4(2):
Retrieved from http://www.ijoart.
org/docs/CRISIS-IN-AGRICULTURALHEARTLAND-FARM-SUICIDES.
[2] Retrieved from
https://www.change.org/p/pmoindia-central-government-state-government-department-of-agriculture-narendra-modi-raise-the-standards-of-indian-agricultural-sector
visited on 15th april 2024
[3] S. Singh, M. Kaur, H.S. Kingra, “Flow of funds to farmers and indebtedness in
Punjab”, Research report, Punjab
State Farmers Commission, Government of Punjab, 2007
[4] H. Singh, Manisha, “Crisis in
agricultural heartland: farm suicides in malwa region of Punjab, India”,
International Journal of Advancements in Research and Technology. 4(2015)
Retrieved fromhttp://www.ijoart.org/docs/CRISIS-IN-AGRICULTURALHEARTLAND-
FARM-SUICIDES.pdf visited on 22nd april 2024
[5] K.R. Sadashiv, “Farmers Suicide in
India- Causes and Remedies: 2006-2010”.
Journal of Economics and Sustainable Development 6 (1),
1-8(2015) Retrieved from http://www.iiste.org/Journals/
index.php/JEDS/article/viewFile/18975/19557 visited on
25th april. 2024
[6] S. Singh, M. Kaur, H.S. Kingra, “Flow of funds to farmers and indebtedness in
Punjab”, Research report, Punjab
State Farmers Commission, Government of Punjab, 2007
[8] K.R. Sadashiv, “Farmers Suicide in
India- Causes and Remedies: 2006-2010”.
Journal of Economics and Sustainable Development 6 (1),
1-8(2015) Retrieved from http://www.iiste.org/Journals/
index.php/JEDS/article/viewFile/18975/19557 visited on
29thapril 2024
[9] S. Kaur, K. Vatta, Groundwater
depletion in Central Punjab: pattern, access and adaptations. Current
Science. 108 (4): 485-490(2015).
[10] Retrieved from http://www.newsgram.com/the-farmer-question-6-main-problems-of-indian-agriculture-and-9-solutions-to-fix-them/amp/
visited on 30th april. 2024
[11] K.R. Sadashiv, “Farmers Suicide in
India- Causes and Remedies: 2006-2010”.
Journal of Economics and Sustainable Development 6 (1),
1-8(2015) Retrieved from http://www.iiste.org/Journals/
index.php/JEDS/article/viewFile/18975/19557 visited on
30th april. 2024
[23] Ibid
[24] Retrieved
from
http://www.newsgram.com/the-farmer-question-6-main-problems-of-indian-agriculture-and-9-solutions-to-fix-them/amp/
visited on 5th May 2024
[26] Retrieved
from https://mpra.ub.uni-muenchen.de/35675/1/MPRA_paper_35675.pdf visited on 10th
May. 2024
[27] Ibid