India’s top court suspends implementation of new farm laws after protests
Orders formation of independent panel of experts to negotiate with farmers protesting for months
India’s Supreme Court yesterday ordered an indefinite stay on the implementation of new agricultural laws that have triggered widespread protest from farmers, saying it wanted to protect farmers and would hear their objections.
For more than a month, tens of thousands of farmers have camped on the outskirts of New Delhi to protest against reform measures that they say benefit large private buyers and harm growers. Chief Justice Sharad Bobde told a hearing the Supreme Court would set up a panel to hear the farmers’ grievances. “Wehave the power to make a committee and the committee can give us the report,” he said, ordering the stay for an undisclosed period on the laws passed in September. “We will protect farmers.”
Constitutional validity
The top court stayed the implementation of the three laws -- the Farmers’ ( Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, the Farmers’ Produce Trade and Commerce ( Promotion and Facilitation) Act, and the Essential Commodities ( Amendment) Act – against which several petitions have been filed challenging their constitutional validity.
During the hearing, the top court sought the cooperation of the protesting farmers and made it clear that no power can prevent it from setting up a committee to resolve the impasse over the controversial farm laws. The observation of the bench asking protesting farmers’ unions to cooperate assumes significance in view of reports that they would not go to any apex court- appointed panel for resolution of the dispute and wanted the laws to be repealed.
Farmers welcome order...
Before pronouncing the order, the bench commenced the hearing and asked the farmers’ unions to cooperate and go before the committee to be appointed by it to resolve the dispute. “We are concerned about protecting the lives and property of citizens of India and we want to solve the problem,” said the bench. “This is not politics. There is a difference between politics and judiciary and you will have to cooperate”, it said to farmer unions.
Farmer leaders welcomed the Supreme Court order to stay the implementation of three farm laws, but said they would not call off their protest until the legislations are repealed.
... But say no to committee
The Sankyukt Kisan Morcha, an umbrella body of around 40 protesting farmer unions, has called ameeting later in the day to decide the next course of action. The farmer leaders said they are not willing to participate in any proceedings before a committee appointed by the Supreme Court, but a formal decision on this will be taken by the Morcha.
“We welcome the court’s order to stay the implementation of the farm laws, but we want a complete repeal of these laws, which is our main demand,” Abhimanyu Kohar, a senior leader of the Morcha, told PTI.
Another farmer leader, Harinder Lokhwal, said the protest will continue until the contentious farm laws are repealed. “We do not have faith in the idea of a committee and we have been saying this since the very beginning, when the government had suggested the formation of a committee. But this time, it is the Supreme Court and we will see the functioning of this committee,” All India Kisan Sabha ( Punjab) vicepresident Lakhbir Singh said.
The top court also issued notice on a separate application filed by the government through Delhi Police seeking an injunction against the proposed tractor march which seeks to disrupt the Republic Day celebrations on January 26.
During a virtual hearing on Monday, Bobde slammed the government and said that the impasse between the two sides was causing distress to farmers.
We are looking to solve the problem. If youwant to agitate indefinitely, you can… Wemay suspend the legislation but not an empty suspension of the legislation.”
Sharad Bobde|
Chief Justice of Indian Supreme Court
We welcome the court’s order to stay the implementation of the farm laws, but we want a complete repeal of these laws, which is our main demand.”
Abhimanyu Kohar| Senior leader of Sankyukt Kisan Morcha
We cannot ask the Prime Minister anything, he is not a party before us. This is not politics. There is a difference between politics and judiciary and you will have to cooperate.”
Statement by Supreme Court bench
We do not have faith in the idea of a committee… But this time, it is the Supreme Court and we will see the functioning of this committee.”
Lakhbir Singh| All India Kisan Sabha ( Punjab) vice- president