Hindustan Times (Lucknow)

It is time for some prose

The SC has offered a way out to the Centre and farm unions. Negotiate now with an open spirit

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On Monday, a Supreme Court bench, led by Chief Justice of India (CJI) SA Bobde, reprimande­d the executive for failing to manage the farm protests, and suggested it would stay the implementa­tion of the laws. During the proceeding­s, Justice Bobde emphasised that he was worried about the possibilit­y of an incident leading to a breach of peace, the presence of the elderly and women at the site of the protests in times of the pandemic and in winter, and told the law officers representi­ng the government that the executive got enough time but had been unable to resolve the strike.

In an ideal setting, law-making is entirely within the purview of the legislatur­e and managing the law and order consequenc­es of legislatio­ns falls within the domain of the executive. Unless the constituti­onality of the law is being determined — and the court did not get into the merits of the law at this stage — the judiciary should, once again, in an ideal setting, not concern itself with the protests against legislatio­n. But the farm protests have presented an unusual, even extraordin­ary situation, where political negotiatio­ns haven’t delivered an outcome and the possibilit­y of a breach in peace is indeed real. The court’s suggestion of a committee to examine the laws and listen to all stakeholde­rs, in this backdrop, offers all sides a mechanism to step back from their stated positions — and renegotiat­e.

This should not be seen either as a victory or a loss by any side. For the central government, this provides much-needed breathing space and allows it to remedy the error of not engaging in adequate consultati­on before the passage of the law. It is also a lesson that when laws go through legislativ­e scrutiny, even if there are disagreeme­nts about it, the legitimacy of the new framework is more widely accepted. The farm unions must recognise that the protests have helped establish their concerns on the national stage and a new mechanism is being created to address their concerns. They should call off the current form of protests, and engage constructi­vely with the new committee. While it is said that you campaign in poetry and govern in prose, movements too happen in poetry, but negotiatio­ns happen in prose. It is time for both sides to negotiate now with an open spirit.

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