You have strangulated entire city, now you want to come inside and protest, SC tells farmers’ body

Tribune News Service
(New Delhi, October 1, 2021)

The farmers protesting against farm laws received a rap on the knuckles on Friday from the Supreme Court which questioned the rationale behind blocking of roads even after approaching the judiciary and reminded them that citizens have equal rights to move freely without fear.

”You have strangulated the entire city, now you want to come inside the city and start protesting again here … The residents around … are they happy with the protest? This business should stop. You are obstructing security and defence personnel. This was in the media. All this should stop … There has to be a balanced approach,” a Bench led by Justice AM Khanwilkar told the counsel for ‘Kisan Mahapanchayat’.

“There is no point in protest once you come to the court challenging the laws”, the Bench told the farmers’ body during hearing on its petition seeking directions to the Centre, Delhi Lt. Governor and Delhi Police Commissioner to allow it to stage ‘satyagraha’ at Jantar Mantar in the National Capital.

“Are you protesting against the judicial system? Once you have approached the judicial system, have faith in the court. You pursue that matter for urgent hearing instead of protesting again,” the Bench told the counsel for Kisan Mahapanchayat who said the farmers’ body did have faith in the court.

After the petitioner’s counsel denied that farmers blocked highways, the Bench asked him to declare it on an affidavit and posted it for hearing on Monday.

This is the second consecutive day that the Supreme Court has questioned the continued blockade of roads by protesting farmers. On Thursday, the court had wondered how highways can be blocked perpetually. “The redressal of problems can be through judicial forum, agitation or through parliamentary debates. But how can the highways be blocked, and this is happening perpetually. Where does this end?” another Bench led by Justice SK Kaul had asked. It had said it’s the duty of the executive to implement the law laid down by it.

Maintaining that farmers had the right to protest, the top court on Friday emphasised that citizens also enjoyed equal right to move freely and without fear. “Their (citizens’) properties are being damaged. Do you take permission from the residents around whether they are happy with your protest … This coaxing business should stop,” it said.

Citing media reports, the Bench pointed out that even security personnel were obstructed, stopped and heckled during the protests.

As the petitioner’s counsel said the farmers are holding peaceful protests, the Bench shot back, ”What’s this peaceful protest? You block trains, highways and then you say your protest is peaceful and without causing any harm to the public.”

On January 12 this year, the top court stayed the implementation of the three farm laws—the Farmers (Empowerment & Protection) Agreement of Price Assurance & Farm Services Act 2020, Farmers Produce Trade & Commerce (Promotion & Facilitation) Act & Amendment to Essential Commodities Act.

It had constituted a four-member panel comprising Pramod Kumar Joshi (Director South Asia international Food Policy), Shetkari Sanghatana President Anil Ghanwat and agriculture-economist and former Chairman of the Commission for Agricultural Costs and Prices (CACP) Ashok Gulati to hear the various stakeholders’ views on and report back to it. The fourth member of the panel Bhartiya Kisan Union President Bhupinder Singh Mann had recused himself. The panel submitted its report to the court in March.

https://www.tribuneindia.com/news/nation/you-have-strangulated-entire-city-now-you-want-to-come-inside-and-protest-sc-tells-farmers-body-3187

Govt. should stay away from the MSP (minimum support / selling price) subsidies to farmers in all forms, including trying to act as the "middleman" and "mandi" to purchase and sell farmers' produce.

The Govt. money in the form of MSP subsidy is paid to farmers-cum-middlemen (in some cases the farmers themselves operate as middlemen /agents and run "mandis") to collect / purchase grain from farmer.

The grain then can be stored in Govt. run godowns / warehouses before it is sold / distributed further.

The purchase and collection of grain from farmers is done by Govt. employees and representatives etc., who may not always, by choice or otherwise, insist on collecting the best quality produce / grain. A serious concern here!

Similarly, the Govt., due to its policy of funding the sale of grain by farmers through MSP, usually ends up purchasing more grain than necessary (or as required) in the market, the surplus of which naturally remains unsold and eventually rots in Govt. warehouses (thanks to the MSP policy).

Moreover, since the policy of MSP funding by Govt. ensures the sale of grain produced by former at a profit, there is little in farmer's interest (in terms of incentivizing and motivating them) to limit the size and type of his crop for the sake of avoiding over-production and introducing diversification.

Due also to the MSP policy (Govt. generally paying more for farm produce than its fair market value), grains are known to illegally move and transported by farmers and middlemen between states, from one state to the other where MSP offered by Govt. might be higher. In other words, farmers / middlemen might be involved in shipping cheaper grain from elsewhere (e.g. from out of state) to collect higher MSP locally (in own state).