By Arun Srivastava
Agitating farmers have no reasons to be optimistic of a favourable verdict in their favour when the Supreme Court will hear on January 11, a batch of pleas challenging the new farm laws as well as the issues related to the ongoing farmers’ protest.
On Wednesday the apex court dropped enough indication that it would prefer dialogue between the farmers and government by observing “we encourage consultation” to find a solution to the impasse rather than pronouncing a judicial verdict. The emphasis would eventually be more on discussion once the Central government told the court that ‘healthy discussions’ were going on with farmers over these issues.
Intriguing indeed how could the government tell the court that there was a good chance that parties may come to a conclusion when it is an open secret that the arrogant attitude of the Modi government on the issue of repealing the three farm laws and legalising the MSP has resulted in complete breakdown of all the seven rounds of negotiation. The farmers are apprehensive that filing of the wrong response by the Centre on the pleas challenging the new farm laws might foreclose the negotiations between the farmers and government.
There is no denying the fact that the Central government was misleading the Supreme Court. In fact apex court’s stand on the farmers’ agitation also raises the question why it has been allowing the government to perpetrate psychological and physical torture on the striking farmers. While the government has been using legal, media, state power to terrorise the farmers and force them submit, the farmers have only one instrument, the right to resort to Gandhian satyagrah. The most unfortunate has been Modi government launching vilification campaign against the farmers and using police force to terrorise them in the states where the BJP is in power. Haryana police have positioned cargo containers on the road to block protesters
The farmers’ leaders say that Modi government has jeopardised not just the farming community and India’s food security but also the country’s democracy. They accuse it of following Pakistan’s example of using container trucks to block off protesters. Nevertheless Independent India has never seen such a protracted protest that has been so peaceful.
It is a general consensus that the judiciary does not differentiate between powerful and weak, between the rich and the poor, but the fact cannot be denied that in this case the Supreme Court should have extended moral support to the poor farmers who are sitting on Delhi border in this chilling cold. Already not less than 62 farmers have died of heart attack and other illnesses.
On December 17 the apex court had refrained the government from evicting them from the site by observing “farmers have right to protest” however it would have done a great service to the nation and its annadata by ordering to put the implementation of farm laws on hold till it decides the issue. At least this should have protected the farmers from being tormented and blackmailed by the government.
Like all elastic objects the perseverance has also got its breaking quotient and it must not be stretched beyond a certain point. The way the Modi government was handling the issue, it was simply forcing and provoking the farmers to lose their patience so that it would become easier for the rulers to let loose the reign of terror on them. The Supreme Court must take cognisance of the patience and perseverance of the farmers. The court ought to be reminded of its own order “A protest can be constitutional till it does not destroy property or endanger life”.
It would not be an exaggeration to say that court’s trust has been betrayed by the government. On December 17 the court had said that the purpose of a protest can be achieved if the farmers and the government will hold talks and “we wish to facilitate that”. However a look at the proceedings of the seven rounds of talks will reveal that the government was not at all willing to concede to their demands, instead it was simply interested in keeping them in a state of pendulum.
Chief Justice SA Bobde, has expressed the view that the matter must be handed over to a committee. But farmers’ bodies have outright rejected this proposal. They nurse the view that this will only help the government in achieving its mission. The All India Kisan Sabha (AIKS) on Friday said the issue of the ongoing farmers’ protests against three new farm laws needs to be resolved by the government.
The primary question that arises out of the current agitation is; why Modi government is reluctant to accept the views of the farmers that these three laws would not help them? Rules are made for the benefit of the people. Will the government swear by Geeta or God and tell the truth to the court as to why it is hell bent on implementing these laws? A farmers knows about his good or bad more than an “independent member with knowledge of agriculture”. Surprisingly while farmers are on strike, some BJP ruled states have already started implementing these laws.
How far the intervention of apex court will help resolve the impasse is not clear, but one thing is certain that this struggle has acquired the character of a holy war. Following in the footsteps of Gandhian nonviolence satyagrah, the farmers are even prepared to sacrifice their lives for accomplishing their mission. The movement is spreading fast and it will no longer remain restricted to Delhi, rather will spread across the country with the participation of more farmers and common people. Already the trade unions have started joining the movement. They are also feeling aggrieved at the Modi government taking away most of their basic rights.
The government has been trying to fool the people by claiming that these laws were needed to regulate the agricultural markets. These issues could have been discussed with the farmers before enacting the laws. The government has been trying to tell till now farmers were forced to sell agricultural produce through mandis managed by the Agricultural Produce Market Committees (APMCs) which were controlled by people who exploit them. The Modi government will now entrust their fate and future to the capitalists. (IPA Service)