Farmers are coming back to Delhi to agitate for law on MSP. This will disrupt BJP’s dreams of an imminent third term.

pic.twitter.com/1GxhNrNRLO

— rkhuria2 (@rkhuria2) February 8, 2024

At present, there four protests are going on in the Gautam Buddha Nagar district of Uttar Pradesh. The Jai Jawan Jai Kisan organisation heads the protest against the Ansal builders, All India Kisan Sabha against Greater Noida Authority and Bharatiya Kisan Parishad at National Thermal Power Corporation (NTPC) headquarters in Sector 24 and Noida Authority in Sector 6.

All these organisations have together called a Mahapanchayat on Wednesday at the Greater Noida Authority office, where a decision was taken to march to Parliament on Thursday, demanding the resolution of their issues in a time-bound manner.

The farmers have two major demands. First, as compensation for their land acquired by the authorities for different developmental projects, they demand 10 per cent of residential plots for their families on the developed land.

The farmers also argue that most of their land was acquired making them landless. They ask how their families and future generations would survive even as the government boasts of development by taking their land.

Presently, the Noida Authority grants the farmers 5 per cent of the total acquired land, which they have termed insufficient. The Greater Noida Authority gives them 6 per cent of the developed plot while the Yamuna Authority gives them 7 per cent as land acquisition compensation.

In addition, farmers have demanded additional monetary compensation — amounts based on market rates when the land was acquired for different projects. The farmers allege that their land was acquired many years ago at a cheap rate and they are suffering even now as a consequence.

The farmers have also been demanding jobs and medical facilities for their families for the last several months. The Authority officials said they are in talks with farmer leaders and an amicable solution would be reached soon.

Massive Repression by UP Police

Meanwhile a press release  of the All India Kisan Sabha (AIKS) stated that despite the fact that several leaders were put under house arrest, the protest was successful

 Farmers and landless from various villages under the leadership of All India Kisan Sabha (AIKS) Gautam Buddha (GB) Nagar district committee, Bharatiya Kisan Parishad and other organisations began the rally on the Yamuna Expressway but were soon barricaded by the UP Police.

The repressive measures of the UP governmenthad started the night before when AIKS GB Nagar district president Comrade Rupesh Verma and convenor Comrade Veer Singh Nagar were arrested and taken to Dadri police station. District president of the AIKS, Jagbir Namberdar has been put under house arrest, along with other leaders. In a disproportionate manner, the UP police also stopped the people from Sadhopur village who were en masse joining the Parliament March and put them in an open jail in a public park. These incidents show the anti-democratic attitude of the UP government towards the rural population of Greater Noida states AIKS

Despite the repression, farmers were able to reach the Yamuna Expressway and are currently blocking the expressway at the police barricading. Their immediate demand is that the UP police must release the leadership as well as release the jailed farmers of Sadhopur village, which include women and elderly as well.

The farmers and landless of the region have been holding sit-in protessat the Greater Noida Industrial Development Authority (GNIDA) and Noida Industrial Development Authority (NIDA) headquarters since 2023 demanding fair compensation according to the provisions of the Land Acquisition Act 2013, return of 10% developed land, lease-back of acquired abadi land, permanent employment for affected families, 40 square metre plots for landless families, and other demands. After a 120-day protest by AIKS at GNIDA office last year, the CEO had accepted a number of these demands. But despite more than four months passing since, the UP government failed to implement any of the accepted demands. This has enraged the farmers who not only restarted their indefinite dharna at the GNIDA office but also gave a call banning entry of any political leader, MLA or MP associated with the BJP from entering the villages in Greater Noida.

The AIKS, through ots secretary, Vijoo Krishnan has demanded that all the arrested and detained be released from police custody immediately and that the UP government hold discussion with the leadership of the farmers.

Related:

Tractor parade by SKM on Republic Day in 500 districts, farmers to take pledge to protect the principles of democracy, federalism, secularism and socialism

To expose ‘lies’ of Narendra Modi-led BJP govt on MSP for rabi crops, farmers to protest during forthcoming state polls

SKM: Farmers to protest against union government’s attempt to undermine farmers’ protest through Newsclick FIR 

The post Farmers in Noida, Greater Noida are protesting, which are the farmer unions are leading them appeared first on SabrangIndia.

“Despite the mandate of the High Court, it appears that neither the acquiring authority, nor the State Government is being sensitised. If insensitivity is to be blinked at by this court, we are afraid that the rule of law will not prevail and there would not only be a travesty of justice, but would result in miscarriage of justice,” the court observed.

This significant legal development came from the High Court that was hearing a cluster of petitions lodged by farmers whose lands had been acquired by the State Government. 

Aggrieved farmers had contended that despite a 2019 order issued by the esteemed Lok Adalat, the government had failed to provide them with the rightful compensation. According to the Government Resolution (GR), the compensation was to be disbursed within 180 days of the settlement award, which had not been honoured this ruling, the High Court expressed profound dismay at the acquiring authorities and revenue officials for callously disregarding the sanctity of the Lok Adalat awards and the severe financial adversities faced by the petitioner farmers. The court also made poignant remarks, emphasising that these cases were glaring illustrations of the authorities showing scant regard for the Lok Adalat awards, issued as far back as December 17, 2019.The division bench documented how, when a farmer’s fundamental right to cultivate his land, an integral part of the right to livelihood, is taken away, it becomes incumbent upon the authorities to duly compensate the affected individual.

Right to property is not only a Constitutional or a statutory right, but also a human right and human rights are considered to be in the realm of individual rights which are gaining an even greater multifaceted dimension and, therefore, in case the person aggrieved is deprived of the land without making the payment of compensation as determined by the Collector/Court, it would tantamount to forcing the said uprooted persons to become vagabonds or to indulge in anti-social activities as such sentiments would be born in them on account of such ill treatment,” 

Moreover, the learned bench astutely observed that the entitlement to compensation for the farmers is a sacrosanct legal right, and for those possessing vested legal rights, the pursuit of justice becomes an inherent facet. Farmers with justifiable claims ought not to implore for justice but rather assert their right to demand it unequivocally. In the event of failure to disburse such payments within the stipulated timeframe, there shall legally arise an interest component, which the responsible officers must bear as a penalty for the delay.

Furthermore, the division bench issued a clear directive to both the government and acquiring authorities, compelling them to ensure timely disbursal of awarded amounts to farmers who have entered into Lok Adalat settlements from the year 2017 onwards, and who have no prior pending cases. The prescribed timeframe for such settlement mandates completion within 90 days from the date of this pivotal judgment.

Based on the findings from the NSSO 59th round ‘Situation Assessment Survey of Farmers’, the economic situation of Indian farmers remains a matter of grave concern. The survey reveals that an average Indian farmer’s monthly earnings stand at Rs 6,426, while their expenditure amounts to Rs 6,223. This indicates a meagre surplus, leaving little room for financial stability or savings.

Disturbingly, a striking level of income inequality plagues the agricultural sector. Merely 15 percent of farmers manage to secure a whopping 91 percent of the total agricultural income. 

This stark contrast between the few privileged and the majority facing financial hardships highlights the overwhelming disparity present within the farming community. An even more distressing aspect is the precarious profitability of farming activities. Specifically, farmers earn a mere Rs 7,639 from a hectare of wheat cultivation, whereas the production cost to achieve this yield amounts to a staggering Rs 32,644. Such a substantial gap between income and expenses poses a severe threat to the livelihoods of countless farmers who struggle to make ends meet. In essence, these findings shed light on the grim economic realities faced by Indian farmers, characterised by slim margins, inequality in income distribution, and the struggle to generate profitable returns from their hard work and investments in agricultural activities. Urgent attention and support are required to uplift the agricultural community and ensure a sustainable and equitable future for these essential contributors to the nation’s prosperity. 

Since 2017, over 800 farmers impacted by the upcoming Jewar airport in Gautam Buddha Nagar have been protesting against land loss, livelihood issues, and insufficient compensation. Their main grievance stems from a government notification that reclassifies the proposed site from rural to urban, halving the compensation amount legally entitled to them under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013. The Act stipulates two times the market rate for urban land and four times the market rate for rural land. 

On March 16, 2018, Farmers Protested against Low Compensation for NTPC Plant in MP and Demanded Jobs. 

Led by the All-India Kisan Sabha (AIKS), farmers in Greater Noida staged a protest at the Greater Noida Development Authority headquarters, protesting the government’s failure to fulfil a promise made 13 years ago. The promise was to compensate them for the lands that were taken away by the government. Thousands of farmers participated in the sprawling rally around the headquarters. On April 25, 2018 Over 5,000 farmers in Gujarat, India, had expressed their willingness to die rather than part with their land, as disputes over land acquisition intensify in the country. In Bhavnagar district, they demanded the return of 2,000 hectares of land acquired by a power utility over two decades ago, which remains unused. They have communicated this plea to state officials and Prime Minister Narendra Modi.

On May 18, 2023, hundreds of activists and farmers belonging to the farmers’ organisation, Kisan Mazdoor Sangharsh Committee (KMC), took a standby squatting on a railway track and obstructing rail traffic at Devidaspura village. Their protest was driven by the claim of receiving inadequate compensation for the land acquired for the Bharat Mala project.

Some of the legal developments through case laws illuminated these endeavours and deepen jurisprudence:  

In the case of Hindustan Petroleum Corporation Ltd. V. Darius Shapur Chennai (2005) 7 SCC 627, the court held that the State could acquire private property under its power of eminent domain, but it must be for a public purpose, and the affected person must receive reasonable compensation as mandated under Article 300-A of the Constitution.

In Jilubhai Nanbhai Khachar v. State of Gujarat MANU/SC/0033/1995, the court clarified that Article 300-A limits the State’s power to deprive a person of their property, ensuring no deprivation without proper legal authority.

In the ruling, Delhi Airtech Services Pvt. Ltd. V. State of U.P (2011) 9 SCC 354, the constitutional courts recognised the right to property as a fundamental human right, emphasizing that the State cannot claim adverse possession over citizens’ properties in its role as a welfare state.

In B.K. Ravichandra & Ors. V. Union of India & Ors SCC OnLine SC 950, the court reaffirmed that compensation must be paid, and the State or authorities cannot ignore this obligation. 

In the case of National Highways Authority of India vs. Modan Singh FAO-756-2022 (O&M), the Land Acquisition Act 2013 was made applicable. (Here, compensation deposited before December 31, 2014, was not paid to the majority of farmers: Punjab & Haryana HC. 

In the case of GNIDA vs. Devendra SLP (C) No. 16366 of 2011, the government’s land acquisition order was invalidated due to its arbitrary exercise of power.

Constitutional Principles 

A welfare state must not, under the pretext of industrial development, forcibly displace and violate the fundamental, constitutional, and human rights of its citizens. A welfare state, governed by the rule of law, cannot assume a status beyond what is granted by the Constitution. Moreover, the authorities responsible for such actions are not only obligated to provide adequate compensation but also have a legal duty to rehabilitate the affected individuals.

Failure to fulfil these obligations would amount to compelling the uprooted individuals to become wanderers or engage in activities against their own nation, as such feelings may arise due to their mistreatment without any lawful procedure. The court must recognize that a welfare state or its agencies enriching themselves at the expense of impoverished farmers is impermissible, especially when endorsed by the state itself.

To further read the judgement 

(The author is an intern with the Citizens for Justice and Peace, ww.cjp.org.in)

References

https://www.deshabhimani.com/english/news/national/no-compensation-for-lands-taken-away-farmers-break-into-protest-in-greater-noida/8275

https://m.timesofindia.com/india/fair-compensation-for-land-acquired-by-govt-is-farmers-human-right-sc/articleshow/50050793.cms

https://www.tribuneindia.com/news/punjab/punjab-and-haryana-high-court-grants-relief-to-farmers-whose-land-was-acquired-for-highway-496491

Related:

Protesting farmers block the highway to Delhi in Haryana’s Kurukshetra

25,000 farmers march to Palghar district collectorate, ensure demands are met: AILS

Varanasi: Land Survey Bid Triggers Clashes, Several Injured, 11 Farmers Arrested

The post Recognising fair compensation for farmers land is a non-negotiable human right: Bombay HC appeared first on SabrangIndia.

The farmers have demanded an end to “police persecution” of people in Dhanivri, Palghar district, whose houses were demolished for constructing the Mumbai-Vadodara Expressway without adequate compensation and were subsequently arrested. The farmers also want the two people who protested the construction of an oil refinery in Ratnagiri district to be released.

The farmers have alleged that the state government broke its promise that the police would not harass people for land acquisition and that an amicable decision would be reached. They have also demanded the transfer of land titles of temple trusts to tenants. Maharashtra has 6 lakh acres acquired under the Hyderabad Atiyat Inquiries Act, 1952. Other demands include fair and remunerative prices for milk, soybean, sugarcane and cotton farmers.

AIKS president Ashok Dhawale told Newsclick that the farmers were “compelled to resume the march because the state government has not responded to their demand for compensation for crops damaged by untimely rains and hailstorms”.

“The police have not stopped their brutal ways in dealing with protesters who have lost their livelihood. In the last two years, excessive and unseasonal rains destroyed crops in Maharashtra. The state government announced compensation for farmers but never provided it,” he said.

“Repeated assurances were given to vest forest, temple, Inaam, Waqf and pasture land for housing to peasants and agricultural workers, many of whom are tilling such lands for several generations. However, the police and forest department were misused to beat up poor peasants and drive them out of their land and houses,” Dhawale alleged.

Deepak Lipan, a cotton farmer based in Parbhani district, Marathwada, said that milk farmers had been “cheated on the pretext of fat volume by cooperative diaries and corporate milk producers”.

“If the cost of producing a litre of milk is Rs 25, we only get Rs 20. The same milk is sold at higher prices in cities. If a company is earning big profits, why cannot farmers get a fair return?” asks Lipan, all set to participate in the march.

“The prices of inputs like fodder and medicines for animals are increasing. However, milk prices are either stagnant or dropping. It’s complete loot. That’s why thousands of farmers have decided to march to Loni to make revenue minister Radhakrishna Vikhe Patil listen to our demands,” he added.

Citing his example, Lipan said, “While prices of inputs like seeds, fertilisers, herbicides and labour have increased, cotton prices are stagnant. I sold cotton at Rs 7,000 per quintal in 2012 whereas one DAP fertiliser bag cost Rs 500. Today, cotton is sold at the same rate but DAP fertiliser costs Rs 1,700.”

His four acres yielded 30 quintals of cotton that was sold for Rs 2,10,000. “I spent about a lakh on labour, seeds, diesel, etc. What did I get? If I calculate the labour put in by me, my wife, mother and two children, it’s a complete loss. The children lose out on studies as well.”

When asked about the state government’s cold response to farmers’ problems, Lipan said that only a struggle, not silence,  would give results. “Farmers got a Rs 350 subsidy on onions after we fought for months. Therefore, we shall fight till the last drop of blood.”

Another farmer, Bhagwan Bhojane, told Newsclick that sugarcane farmers have been waiting for their payments even after five months of the crushing season. “Sugar mills never let the prices of sugarcane increase. The average price is Rs 2,300-Rs 2,600. However, the input costs are always higher and there is no protection against crop damage,” he said.

“I grew sugarcane on five acres. It is impossible to run my household on agriculture alone. My brothers work in MGNREGA and other construction sites to run their households,” he added.

Professor R Ramkumar, School of Development Studies, Tata Institute of Social Sciences (Mumbai), who would participate in the march, said that “economics cannot be seen in isolation from ground realities. “Having theoretical understanding is certainly a very important part of academics but you cannot have a nuanced view of agriculture and problems of agrarian society if you miss farmers’ movements like this,” he told Newsclick.

“Extreme weather conditions, including untimely rains and price crashes, have badly hit farmers. The problem of extreme weather conditions could have been easily dealt with if the Centre and state governments had designed a comprehensive insurance scheme. Private companies aiming to get maximum premium and pay minimum compensation run such schemes,” Ramkumar rued.

He added that the El Niño phenomenon has resulted in both excess rains and droughts. “A good insurance scheme could have resolved the issues if all factors were calculated. Unfortunately, crop insurance programmes have excluded crores of farmers. For example, Pradhan Mantri Fasal Bima Yojana beneficiaries have consistently decreased. The fact that the government compensated farmers after their protest in Maharashtra is an admission of failure,” he said.

Cash crops are linked with international markets and can fall within days. “In this situation, the government should have ideally restricted imports and provided MSP. Secondly, input costs, like diesel, electricity, seeds and fertilisers, have increased whereas crop prices are largely stagnant. So, their farmers’ incomes have been squeezed,” Raamkumar explained.

Giving the example of milk farmers, Ramakumar said that milk prices crashed from Rs 35 per litre to Rs 17 per litre during the pandemic. “Farmers have been asking the government to ask large private diaries to increase the procurement prices or provide some help. But the government has failed on both fronts. Moreover, the milk sector is being corporatised with large companies taking over procurement, marketing and sales of milk products. So, farmers are not getting prices that they deserve.”

Ramakumar maintained that the demand to distribute six lakh acres among landless farmers for housing and agriculture is politically feasible. “Land reforms not only mean distribution of vast tracts of land from big landlords to peasants but also Bhoodan and Devasthan land, amounting to lakhs of hectares. However, the government is under pressure from landlords and corporate entities. Companies are eying this precious land for agro-industries for cheaper rates.”

Courtesy: Newsclick

The post Maharashtra Farmers Set Off on Long March Again, to ‘Fight Till Last Drop of Blood’ appeared first on SabrangIndia.

Ajit Nawale talks to NewsClick about the successful farmer’s movement in Maharashtra led by Kisan Sabha. He talks about the Kisan Andolan in Maharashtra which forced the BJP Govt to concede to Loan Waiver for Farmers. He talks about the farmer strike -a unique mode of protest by the farmers of Maharashtra. He says that the struggle still continues.

Courtesy: Newsclick

The post Onward March: Struggle of Maharashtra Farmers Continues appeared first on SabrangIndia.

The All India Kisan Sabha condemns the Prime Minister Narendra Modi for making a mockery of the plight of the peasantry and poor in his address on 31st December, 2016. The peasantry which was reeling under an acute crisis were further pushed into distress by the demonetisation decision. They have suffered severe income losses as well as yield loss due to the decision. Sowing has been delayed and the area sown has fallen in wheat which is bound to have adverse impact on productivity. AIKS demands assessment of loss in income and wages as well yield losses due to the move and full compensation for the same. AIKS demands full waiver of loans of agricultural workers and peasantry, especially the poor and marginal farmers. Instead of addressing grievances of peasants, agricultural workers as well as the poor, Narendra Modi has only added insult to injury.

Last 2 months saw the peasantry losing incomes in a massive manner due to price crash, loss of perishable crops, fruits and vegetables. Losses are going to continue and Rabi harvest will give a clear picture. Agricultural workers lost employment as well as wages due to reduced agricultural activity and non-payment of wages for work done. The insensitivity to the plight of the peasantry and poor can be understood when one notes the fact that the Budget-like speech has nothing tangible for them. He has merely announced 60 days interest waiver for farm loans taken from district cooperative banks and societies for Rabi farming. Notably this was a period when the Government decision had irreparably damaged cooperatives and their disbursal of farm loans was minimal in the last 60 days. After having dealt a serious blow to cooperatives the PM claims that the Government will give NABARD Rs 20,000 crore for giving loans to cooperatives at low interest rates. There is nothing new in the proposal to convert 3 crore Kisan Credit Cards into RUpay Credit Cards as they were already linked.

Whole crisis in wheat has emerged due to the faulty estimates based on bogus data and the PM depending on the same database has claimed that there has been a 6 % increase in Rabi sowing and 9 % increase in fertiliser usage. He deliberately conceals the fact that last two years were drought hit. Better monsoons and increased sowing of pulses were reasons of increase in acreage and fertiliser use and it is no indicator of support for demonetisation. Delayed wheat sowing and reduction in acreage of wheat are direct result of demonetisation and its adverse impact will be felt in coming days. An existing scheme for financial assistance to pregnant women was announced with much fanfare as though it is a new scheme. AIKS condemns this callous attitude without taking any responsibility for causing extreme human suffering or making any effort to provide relief to the distressed population. 

It is also notable that the Prime Minister’s speech came at a time when the NCRB data on farm suicides published simultaneously showed a total of 12,602 persons involved in farming sector committing suicide in 2015. Suicides by farmers rose 42% between 2014 and 2015. Clearly, despite the under-reporting these figures show an increasing trend when compared to 2013 and 2014. BJP ruled Maharashtra touched an unprecedented 4,291 suicides. Three BJP ruled States of Maharashtra, Madhya Pradesh and Chhattisgarh accounted for 6535 (51.85%) of all suicides and States ruled by BJP-led NDA accounted for 7723 suicides (61.28%). The figures also clearly show that States like Bengal have fraudulently shown zero suicides although there have been many suicides by crisis-ridden farmers. The PM has continued in a denial mode and has made no announcement to address the agrarian crisis.

AIKS calls upon all its units to protest against the insensitive decisions of the BJP-led NDA. On 19th January, 2017 the AIKS along with AIAWU and CITU will build broad unity with other mass and class organisations as well as like-minded organisations and nation-wide protests will be held.

Courtesy: Newsclick.in

The post Prime Minister’s Speech Mocks Plight of Peasantry! appeared first on SabrangIndia.