....Continued from Part 1
9. Crop diversification
9. Crop diversification
It is aimed in Directive Principles of State Policy that there shall be restructure of social order. Article 48 of the Constitution imposes a directive on the state to organize agriculture and animal husbandry on ‘modern and scientific lines’ which suggests that the farming class shall adopt new and better methods of cultivation. According to Dr.P Ishwara Bhat, ‘it does not suggest that all that is non-modern is unscientific…That would facilitate continuation of traditional knowledge along the new methods…it is also a fact that all that is modern is not scientific…A proper combination of continuity and change is required.’[61]
The changes in environment, weather, use, cost of cultivation, maintenance of soil fertility and equilibrium in the agro-eco system, exploitation of water resources, problem of stagnation in yield etc. contribute for a shift from the original dominance of one crop to regional production of a number of crops[62] to meet ever increasing demand of food products. This may lead to livelihood diversification depending on the multitude of constraints faced by households’ and non-farm employment opportunities. The complete diversification should not be the outcome. It is for the government to provide adequate facilities to cause crop diversification depending on the need. In the recent Union Budget, a sum of 500 crore has been provided to start a programme of crop diversification that would promote technological innovation and encourage farmers to choose crop alternatives.[63]
10. National Agro-forestry policy (Mission)[64]
The Cabinet has approved the National Agro-forestry Policy 2014 on 6th February, 2014 and laid on the table of both Houses of Parliament. This agro-forestry aims to integrate trees and shrubs on farmlands and rural landscapes to enhance productivity, profitability, diversity and equilibrium in Eco-system. It is viewed as potential to provide employment to rural and urban population through production, industrial application and value addition ventures, generates significant employment opportunities, provides environmental security, and optimizes the farm productivity and thus, enhancing livelihood opportunities of small farmers, landless and the women.
The small farmers need to be understood and developed as a portfolio of activities rather than as “fixed one type of cropping system”[65]. This program integrates trees, crops, water, livestock, agro-horticulture, agro-timber, and other livelihood initiatives. It already exists in many areas and is being expanding in a modernised way to protect the livelihood of the farmers. This Agro-forestry policy is intended to create an enthusiasm among farmers with sustainability. In these decades obtaining permits for harvesting and transportation of the trees grown in agricultural lands were cumbersome, costly& frustrating, and hence, discourage farmers from undertaking tree planting on farm lands. The Mission’s aim is to liberalise/ simplify the regulatory system, extending credit, providing seeds and free market and strengthening the farmers’ right to life.
11. SUSTAINABLE AGRICULTURE
National Mission for Sustainable Agriculture (NMSA) 2014 derives its mandate from Sustainable Agriculture Mission which is one of the eight Missions[66] outlined under National Action Plan on Climate Change (NAPCC). The strategies and programme of actions (POA) outlined in the Mission Document, that was accorded ‘in principle’ approval by Prime Minister’s Council on Climate Change (PMCCC) during 2010, aim at promoting sustainable agriculture through a series of adaptation measures focusing on ten key dimensions encompassing our agriculture namely; ‘Improved crop seeds, livestock and fish cultures’, ‘Water Use Efficiency’, ‘Pest Management’, ‘Improved Farm Practices’, ‘Nutrient Management’, ‘Agricultural Insurance’, ‘Credit support’, ‘Markets’, ‘Access to Information’ and ‘Livelihood diversification’.[67] As society changes the practices are also being changed. But the farmers have remained with their struggle for survival and in order to improve their standards of living by diversifying their productive activities to encompass a range of other productive areas.
NMSA has been designed by converging, consolidating and subsuming all ongoing as well as newly proposed activities/programmes related to sustainable agriculture with a special emphasis on soil & water conservation, water use efficiency, soil health management and rain fed area development. The NMSA is focused to infuse the judicious utilization of resources through community based approach. The measures that are intended by the Government for adaptation is a worth move in protection of right to life of the farmers. It must be implemented in a proper manner so the benefits should reach the end users to the fullest extent and adequate other assistance must be provided by the Government on a time being basis.
12. RASHTRIYA KRISHI VIKAS YOJANA (RKVY)
In order to comply with the resolution[68] of the National Development Council (NDC), a special Additional Central Assistance Scheme (RKVY) has been introduced with an intention to cause reorientation of agricultural development strategies to meet the needs of farmers.
The Yojana is implemented as a State Plan Scheme and under this District Agriculture Plans (DAP) and State Agriculture Plans (SAP) have been formulated for better implementation of the scheme. The main objectives of the scheme are: (i) To incentivize the States so as to increase public investment in Agriculture and allied sectors; (ii) To provide flexibility and autonomy to States in the process of planning and executing Agriculture and allied sector schemes; (iii) To ensure the preparation of agriculture plans for the districts and the States based on agro-climatic conditions, availability of technology and natural resources; (iv) To ensure that the local needs/crops/priorities are better reflected in the agricultural plans of the States;
(v) To achieve the goal of reducing the yield gaps in important crops, through focused interventions; (vi) To maximize returns to the farmers in Agriculture and allied sectors, and
(vii) To bring about quantifiable changes in the production and productivity of various components of Agriculture and allied sectors by addressing them in a holistic manner. All of these make it clear that RKYV intended to achieve protection of right to livelihood of the farmers.
13. Karnataka Scenario:
The total cultivable area in the state is 123.85 lakh ha constituting 65% of total geographical area in which the total number of operational holdings is 70.79 lakh and 1.74 ha is the average size of operational holdings. Small and marginal farmers account for 75% of the total holding but cultivate only 36% of total cultivable area. The Government agrees that the number of holdings is increasing substantially and in last five years (2003 -2008) approximately 9 lakh holdings have been added. There is an increase in fallow land and absentee landlordism.[69] This is a critical situation. The rule provides that no cultivable land left unattended. Assistant Commissioner of the region is having the power to issue notice to those who left the land uncultivated[70] or may lease out land to suitable lessee imposing conditions for a period not exceeding 5 years[71] . This power of the Assistant Commissioner, if implemented properly, ensures the security of food and also the right to livelihood of farmers.
The Government of Karnataka was committed to make public investment through the State Plan resources as well as through Centrally Sponsored Schemes in Karnataka. The public investment has been increased substantially by the Government of India from ` 9865.68 crore in 2008-09 to ` 20208.00 crore in 2012-13[72]. The contribution of the Government of Karnataka during 11th plan was ` 7688 cr.[73] Despite the major investment the contribution of agricultural and allied sector to the GDP has declined to 13.9% in 2011-12 from 16.8% in 2007-08[74].
It shows that the farmers are in apprehension that the agriculture may attain stagnation due to various reasons like degradation of resources, weather fluctuations, trade liberalisation, etc. To protect the rights of the farmers the Government of Karnataka introduced Karnataka Agricultural policy 2006[75] having a ‘Farmer Centric’ approach; the State has set for itself a few major achievements in terms of goals. The policy therefore addresses more to the farmers’ problems than to the technology per se. Employment generation in the farm sector as well as in the allied agricultural sector, focus on the bypassed regions, ‘demand driven’ production , distance between the ‘Lab to land’, conservation of the resources, better production environment, access to factor market and quality of the inputs supplied to the farmers are the major policy matters. In spite of introduction of various strategies, the public investment in agricultural and allied sector the target to be achieved has not reached the 4.5% as expected.[76] There is a loss of dynamism among the farmers as their right to livelihood is depressed. Thus the first imperative of the Agriculture Policy today is to provide opportunities for the farmers to enhance their net income and right to life to a respectable level.
Conclusion:
It is evident that the governments have introduced various schemes, policies and strategies for development of agriculture sector and endeavor to secure the right to life of farmers. Various factors caused distress of farmers. Among them, modernisation, liberalisation, globalization, etc. have impacted a wide range and touched upon the various dimensions of life of farmers. There is big gap being developed between agriculture and non-agriculture. It is for the government to make policy and implement it balancing between the change and continuity and attain sustainable agriculture confirming the livelihood of the farmers. In spite of the measures introduced the farmers’ right to livelihood is in isolation. The farmers should be encouraged by the government with higher grants and by creation of non-farm employments which should go along with agriculture. The reconstruction of check dams, etc., grant of livelihood finance, imposition of restriction on conversion of agricultural lands to non- agricultural purposes and, on depriving of farmers from their immovable properties, provision for ‘net take home income’ encouragement of family farming, proper management of crop diversification and implementation of crop insurance to all the crops, development of agro-forestry, irrigation efficiency, improved farm practices depending on agricultural diversification or transformation retaining the traditional knowledge, etc will assure a sustainable agriculture and right to life of farmers. To achieve this purely a farmer centric approach is a requirement. It is necessary for the farmers to fight with liberalisation and globalisation to re-establish their strength in making it an organized sector.
And on the part of the Government it is very important that when a law is enacted containing some provisions which prohibit certain types of activities, it is of utmost importance that such legal provision are effectively enforced.[77] In Dipak Babaria it is said, “enacting of a law, but tolerating its infringement, is worse than not enacting a law at all.” Thus the agenda for the agricultural laws must be to respect the sustainable agriculture ensuring the right to livelihood of the farmers. Deprivation of livelihood would not only denude the life of its effective content and meaningfulness but it would make life impossible to live. The State parties shall take appropriate steps to ensure realisation of right to livelihood of the farmers.
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[2] Art. 21 of the Constitution of India
[3] Article 31 of the Constitution
[4] Francis Coralie Mullin v. The Administrator, AIR 1981 SC 746; Mohini Jain v. State Of Karnataka AIR 1992 SC 1858
[5] Bhat, P.Ishwara, Law and Social Transformation, 1st Ed, Eastern Book Company, Lucknow,, p.663
[6] Supra, note 4(Francis Coralie Mullin v. The Administrator, AIR 1981 SC 746; Mohini Jain v. State Of Karnataka AIR 1992 SC 1858)
[7] Confederation of ex-servicemen Association v. Union of India AIR 2006 SC 2945
[8] Trade, travel, profession, etc., under Art. 19 of the Constitution of India.
[9] Delhi Transport Corpn. v. D. T.C. Mazdoor Congress, and Ors., [1991] Suppl. 1 S.C.C. 600; Olga Tellis v. Bombay Municipal Corporation AIR 1986 SC 180
[10] The Constitution (44th Amendment) Act 1978
[11] Youngstown Steel and Tube Co. v.Sawyer 343 US 579 (1952)
[12] Chairman, Indore Vikas Pradhikaran v. Pure Industrial Coke and Chemicals Ltd, AIR 2007 SC 2458
[13] The word ‘Law’ in Art.300A means an Act of Parliament or a State Legislature, a rule or a statutory order, having the force of law, that is positive or State-made law (Jilubhai Nanabhai Khachar v. State of Gujarat, AIR 1995 SC 142 at p. 158; Bishambhar Dayal Chandra Mohan v. State of U.P., AIR 1982 SC 33)
[14] Bishamber Dayal Chandra Mohan v. State of Uttar Pradesh AIR 1982 SC 33; Bishan Das v. State of Punjab AIR 1961 SC 1570
[15] State of West Bengal v. Vishnunarayan & Associates (2002)4 SCC 134; State of Uttar Pradesh v. Maharaja Dharmander Prasad Singh AIR 1989 SC 997
[16] Ibid (WB v. vishnunarayan)
[19] New Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
[22] Per, P. Sathasivam and J. Chelameswar Jj. in Mehrawal Khewaji Trust (R) v. State Of Punjab decided on 27 April, 2012 (http://indiankanoon.org/doc/163743355/?type=print); reported in The Hindu, April 28, 2012
[23] In Ranjit Singh v. U T of Chandigarh (1992) 3 SCC 659; Delhi Development Authority v. Bali Ram Sharma (2004) 6 SCC 533; Union of India v. Harpat Singh (2009) 14 SCC 375
[24] In Bela Banerjee’s case (AIR 1954 SC 170) it was held, ‘the Legislature must ensure that what is determined as payable must be compensation, that is, a just equivalent of what the owner has been deprived of”. This was held under Art. 31(2) of the Constitution (now deleted). In R.C. Cooper’s case (AIR 1970 SC 1461) the Court observed: ‘Art 31(2) before and after it was amended guaranteed a right to compensation for compulsory acquisition of property.’
[25] The Right to Fair Compensation and transparency in land acquisition and Resettlement Act 2013
[26] Per, B.S. Chauhan and J.S. Khehar Jj in Tukaram Kana Joshi v. M.I.D.C. (2013) 1 SCC 353
[27] Developmental projects in India have displaced millions of people and yet there is not a single national
legislation on rehabilitation. Though the judiciary has recognised the right to be rehabilitated as a fundamental right under Article 21 of the Constitution of India, the right was not granted in reality (Arundhati Roy, Lies, Dam Lies and Statistics, The Guardian, June 5, 1999)
[28] Tukaram Kana Joshi v. M.I.D.C. (2013) 1 SCC 353; reported in The Hindu, November 11, 2012
[29] Ss. 7, 8 and 10 etc.
[31] Art.48 and 39(A)
[32] Khawaja v. Secy. of State for Home Dept., 1983 (1) All ER 765; see, Shrisht Dhawan v. Shaw Bros, 1992 (1) SCC 534
[33] Dipak Babaria v. State of Gujarat, Supreme Court dated 23-01-2014
[34] Ibid (Dipak Babaria v. State of Gujarat, Supreme Court dated 23-01-2014)
[39] National Commission on Farmers has also recommended for this amendment in its report
[40] see, Farm Size and Productivity: Understanding the Strengths of Smallholders and Improving Their Livelihoods: Ramesh Chand, P A Lakshmi Prasanna, Aruna Singh, Economic & Political Weekly Supplement EPW june 25, 2011 vol xlvi nos 26 & 27
[41] Supra, note 11(http://www.prsindia.org/parliamenttrack/report-summaries/swaminathan-report-national-commission-on-farmers--662/, viewed on 20/03/2014)
[42] http://www.hindu.com/2008/02/01/stories/2008020154340600.htm
[43] Nearly 4.2 million central government employees, and 20 million state government employees, receiving a salary that will cost the state exchequer more than Rs 1,00,000 crore a year; http://devinder-sharma.blogspot.in/2009/02/farmers-need-direct-income-support.html
[44] http://devinder-sharma.blogspot.in/2014/02/indian-farmers-are-children-of-lesser.html
[45] http://www.prsindia.org/parliamenttrack/report-summaries/swaminathan-report-national-commission-on-farmers--662/
[46] The finance minister has also raised the annual farm loan target by 22% to Rs 7 lakh crore in 2013-14 from 5.75 lakh crore in 2012-13.( http://economictimes.indiatimes.com/news/economy/agriculture/budget-2013-crop-loans-from-private-banks-will-be-subsidised-too/articleshow/18725527.cms, viewed on 20/02/2014)
[49] A report submitted by CARE India in collaboration with the FAO Livelihood Support Programme(2007) available at http://www.ruralfinance.org/fileadmin/templates/rflc/documents/1180094858455_CARE_India_LSP_report.pdf, viewed on 03-03-2014
[51] For example, Kerala Government’s Kissan Abhiman Pension Scheme
[52] Centre for Public Interest Litigation v. Union of India, 2012 (3) SCC 1
[53] Article 51 A (g)
[54] Statement of the 2014 Farmers’ Forum, e-mail to the author (25-02-2014) via gmail from viacampesina@viacampesina.org viacampesina@viacampesina.org)
[55] family farming is defined as a means of organising agricultural, forestry, fisheries, pastoral and aquaculture production which is managed and operated by a family and predominantly reliant on non-wage family labour, including both women’s and men’s
[57] AIR 1950 SC 27
[58] For Example, In Shrimant Appasaheb Tuljaram v. Bhalchandra Vithalrao Thube AIR 1961 SC 589, held that the houses and buildings belonging to an agriculturist might be protected from attachment and sale as Clause (b) of Section 60(1) of Civil Procedure code, 1908 aimed at protecting farmer to earn his livelihood; The Karnataka High court granted (in January 2014) interim relief to the 6,140 victims of endosulfan use fixing the sum of Rs 1,500 pm and Rs 3,000 pm depending on deformity.( http://timesofindia.indiatimes.com/city/bangalore/Karnataka-high-court-orders-interim-relief-for-endosulfan-victims/articleshow/29458780.cms)
[61] Bhat, P.Ishwara , Law and Social Transformation, 1st Ed, Eastern Book Company, Lucknow,, p.668-9
[66] Other 7 missions are-National Mission for Enhanced Energy Efficiency, National Mission on Sustainable Habitats, National Water Mission, National Mission for Sustaining the Himalayan Ecosystem, National Mission for a Green India, National Solar Mission, National Mission on Strategic Knowledge on Climate Change
[68] Dated 29th May, 2007
[70] The Karnataka Land reforms Act 1961, section 84
[71] Ibid, section 85(KLReforms Act)
[73] http://planningcommission.nic.in/plans/stateplan/Presentations12_13/Karnataka_1213.pdf, viewed on 09/04/2014
[75] earlier in 1995 for the first time agriculture policy was introduced
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