Anti-Riot Law UCC Uttrakhand

U’khand Govt Approves Tough Anti-Riot Law To Compensate For Public Damages

Uttarakhand Chief Minister Pushkar Singh Dhami’s government has approved the country’s most stringent law (ordinance) to provide compensation for the entire loss caused during riots.

“The Cabinet has approved the formation of a special tribunal during the Cabinet meeting today with the aim of strictly curbing the cases of riots and unrest, Dhami said.

He said that the “damage caused to public property during the riots would be compensated by the rioters themselves”.

The Chief Minister said, “Those who disturb the peace of the state will have to pay a heavy price and will set an example that will be remembered for years by the generations of rioters who tarnished the sacred land of Devbhoomi”.

After implementing the country’s strictest anti-copying law and passing the Uniform Civil Code (UCC) Bill, Chief Minister Pushkar Singh Dhami’s cabinet passed the Uttarakhand Public (Government) and Recovery of Damage to Private Property (Ordinance) Act 2024 on Monday to stop riots and deal with rioters.

Under this law, full recovery will be made from the rioters for causing damage to private and government property. Apart from this, a huge fine of up to Rs 8 lakh and expenses incurred on government staff and other work in riot control will also be compensated. The Pushkar Singh Dhami Cabinet on Monday approved this law and sent it to the Governor for approval.

With this law, those who cause damage to private and public property during disturbances like riots, strikes, bandhs in the state will be dealt with strictly. In addition to compensation for the loss of government and private property, if someone’s body is mutilated during the riot, the entire cost of treatment will be recovered from the rioter.

Apart from this, the entire expenses incurred during the riots by the police, administration or other agencies for riot control will also be recovered. The government has also decided to impose a fine of up to Rs 8 lakh on the rioters under this law along with other punishment and action.

The government has also approved setting up a formal Claims Tribunal so that strict action can be taken against the rioters through the tribunal. If the government registers a case against the rioters, action will be taken under the Uttarakhand Recovery of Damage to Public and Private Property Ordinance 2024.

The government has also duly approved the Claims Tribunal. Under this tribunal, the recovery will be made from the rioters and their family members as well as their property. An Additional District Magistrate (ADM) category officer has been given the responsibility of Claims Commissioner. The Claims Tribunal also includes members other than the retired judge.

After approving this law in the cabinet, the government has sent it to the Governor for approval. Since the State Legislature is not currently in session, the Governor has the authority to implement this law in the state by using the powers conferred by Clause 1 of Article 213 of the Constitution of India.

After the approval of the Governor, the “Uttarakhand Public and Private Property Recovery Ordinance 2024” will be implemented in the state.

Earlier on Sunday, Dhami distributed appointment letters to eight Assistant Accountants and 342 Gram Panchayat Development Officers of the Panchayati Raj department in the appointment letter distribution ceremony organised by the Panchayati Raj department at the Chief Sevak Sadan located at the Chief Minister’s residence.

While Assistant Accountants have been selected through the Public Service Commission, Gram Panchayat Development Officers have been selected through the Subordinate Services Selection Commission. (ANI)

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Chief Minister Bhagwant Mann

Rahul Not To Give Us LS Seats: Bhagwant

The Punjab Assembly on Monday witnessed chaotic scenes during the discussion on the state budget when Chief Minister Bhagwant Mann engaged in a heated argument with the Congress leader and Leader of Opposition (LoP) Partap Singh Bajwa following the former’s request to the Governor to “lock” the opposition in the assembly.

Before the beginning of the discussion on the budget, CM Mann handed over an envelope to the governor, stating that he had brought a gift for him. The envelope contained a lock and a key.

The CM, then, asked the governor to lock the opposition inside the assembly, so that they could not “run away” during the discussion, which later triggered a heated argument between LoP Bajwa and the CM.

An agitated chief minister Mann asked Bajwa to tell the central leadership of the Congress not to “bother” giving seats to the Aam Aadmi Party (AAP) in the upcoming Lok Sabha polls.

“Who does Rahul Gandhi and Sonia Gandhi sit with? With me. Have you ever sat with them? On one hand, you are making agreements (on seat sharing) with us. Go and tell them (Sonia and Rahul Gandhi) not to give Kurukshetra, Delhi and Gujarat (Lok Sabha) seats for us,” Mann said.

Later, the house was adjourned for 15 minutes.

LoP Partap Singh Bajwa, while speaking to the reporters, said, “The CM said that the Congress does not know how to listen hence the doors of the Assembly should be locked from inside… Are we labourers? We have not seen such a weak Speaker… The CM used inappropriate words for everyone.

“When the heated argument was going on, CM asked me if I would contest against him in the elections. I told him that from wherever he will contest from Punjab, I will stand against him. I have accepted his challenge openly,” he added.

The AAP and the Congress, allies in the INDIA bloc, have decided to go for a ‘friendly fight’ in Punjab, given the latter is the opposition in the state.

Earlier, the two parties closed their seat-sharing deal in Delhi, Haryana, Goa, Chandigarh and Gujarat.

As part of the agreement reached between the ruling party in Delhi and the grand old party, Congress will contest 3 of the 7 Lok Sabha seats in the national capital while the AAP will field candidates in the remaining 4 constituencies.

In neighbouring Gujarat, the Congress will contest 24 of 26 Lok Sabha seats, leaving the remaining 2–Bharuch and Bhavnagar– for the AAP.

In Haryana, the Congress will contest 8 of the 9 Lok Sabha seats while the AAP will contest the lone seat–Kurukshetra.

The two parties also reached a consensus on the grand old party contesting the prized Chandigarh Lok Sabha seat.

As part of the seat-sharing deal, the Congress will contest both the Lok Sabha seats in Goa.

The Lok Sabha polls are expected to be held in April-May this year. (ANI)

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The Federation of All India Medical Associations (FAIMA)

SC Orders AAP To Vacate Office On Delhi HC’s Land By June 15

The Supreme Court on Monday gave time to the Aam Aadmi Party till June 15 to vacate its political office located on a plot that was allotted to the Delhi High Court for the purpose of expanding the district judiciary after taking note of the upcoming general election.

A bench led by Chief Justice of India DY Chandrachud also permitted AAP to apply to the Land and Development Office of the Government of India for allotment of the alternate land in accordance with the law in the meantime.

“In view of the impending general elections, we grant time until June 15, 2024, to vacate the premises,” the court said.

During the hearing, the Solicitor General Tushar Mehta submitted that the AAP were

encroachers of land from 2017 onwards. The court also clarified that the party was not a lawful occupant of the land after 2017, which cannot be denied and is giving them the liberty to pursue their rights.

Senior Advocate Abhishek Manu Singhvi, appearing for AAP, apprised the court that they were allotted the land in 2015 by the government of Delhi.

However, CJI commented to the AAP’s counsel that, being part of the court, he can’t say that land cannot be given to the High Court.

AAP’s counsel said that a month before the election, they will be on the road if they vacate the land now. He informed the court that the government is allotting them land far away in Badarpur.

The court remarked that the land belonged to the high court. The senior advocate apprised the court that they were allotted the land in 2015 by the government of Delhi.

Aam Aadmi Party has earlier informed the Supreme Court that it has not not encroached on any land of the court and the premise were officially allotted to the AAP by the Delhi Government for its State Unit Office in 2015

In an application filed before the Supreme Court, AAP has countered the allegations of alleged encroachment of judicial land.

The Supreme Court had earlier expressed its shock when it came to knowing that a political party’s political office is located on a plot that was allotted to the Delhi High Court.

The court was dealing with a matter pertaining to judicial infrastructure across the country.

In the earlier hearing, the Supreme Court issued various directions to the Delhi government in relation to the construction of judicial infrastructure in the national capital.

In pursuance of the order of the top court, a meeting chaired by the Acting Chief Justice of the High Court of Delhi was convened, which was attended by the Chief Secretary, GNCTD, Principal Secretary (Law), Principal Secretary (PWD), Secretary (Finance), other officers of GNCTD and

L&DO was held in December. Various decisions were taken at the meeting.

The construction of a residential project comprising 70 residential units for judicial officers commenced at Dwarka in October 2014.

The construction, however, came to a standstill due to structural defects, which endangered the

construction.

A report has been submitted by CBRI, Roorkee, highlighting the substandard quality of construction. The project is stalled and there is no other ongoing project for the construction of residential units for judicial officers in Delhi. The final decision in regard to the future course of action in respect of the residential project at Dwarka will have to be taken, the court noted.

The L&DO of the Union government shall take steps to ensure that possession of the vacant area available for the Rouse Avenue Project is handed over to the High Court of Delhi expeditiously and, in any event, by December 31, 2023, the top court also said. (ANI)

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BJP’s Rawat Opts Out Of LS After Obscene Video Goes Viral

Bharatiya Janata Party (BJP) Lok Sabha candidate Upendra Singh Rawat on Monday announced that he will not contest any elections until proven innocent in a case where an alleged ‘obscene’ video involving him went viral on social media platforms.

Upendra Singh Rawat, who is currently representing Barabanki in the Lok Sabha, was again fielded by the BJP to contest from the same constituency in the upcoming General elections.

In a post on X, Upendra Singh Rawat said, “An edited video of mine is being made viral, which is generated by DeepFake AI technology, for which I have lodged an FIR. In this regard, I have requested the party’s national president to get it investigated. I will not contest any election in public life until I am proven innocent.”

The police have registered a case on behalf of the complaint given by Upendra Singh Rawat in this regard.

Earlier, a popular Bhojpuri singer, Pawan Singh, withdrew from the race for the Lok Sabha. BJP had fielded him from Asansol seat.

Taking to his official handle on X, the singer confirmed that he was pulling out of the contest however he did not specifically mentioned any reason.

“I express my heartfelt gratitude to the top leadership of Bharatiya Janata Party. The party trusted me and declared me as the candidate from West Bengal’s Asansol but due to some reason, I will not be able to contest the elections from Asansol,” Singh posted from his X handle on Sunday.

Setting the pace ahead of its rivals, the BJP, on March 2, released its first list of 195 candidates for the upcoming Lok Sabha polls.The list included 47 youth candidates, 28 women candidates, 27 Scheduled Caste (SC) faces, 18 Scheduled Tribes (ST) candidates and 57 OBC/Backward Class nominees.

Of the 195 candidates, 34 are ministers from the Center and States, while two are former chief ministers who are on the list.

The Lok Sabha polls are slated to be held in April-May this year. (ANI)

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Anant Ambani and Radhika Merchant

Way Nita, Mukesh Conducted Pre-Wedding Functions Is Mesmerizing: Rajinikanth

After attending the three-day-long pre-wedding festivities of Anant Ambani and Radhika Merchant in Jamnagar, it’s time for Superstar o head back home.

In the videos captured by paps, he was seen leaving Jamnagar in his white outfit.

During media interaction, Rajnikanth shared his experience and said, “The way Nita and Mukesh Ambani conducted the pre-wedding functions is mesmerizing. They brought down the Kailasha and ‘Baikuntha’ to this world. I wish a very very happy married life to Anant and Radhika.”

Rajinikanth arrived for the festivities with his family on Sunday.

On day 3 bash, he opted for a white shirt which he paired with a beige veshti.

The three-day pre-wedding festivities of Anant Ambani and Radhika Merchant began on Friday.

Guests from all around the world are in Jamnagar, Gujarat to attend the pre-wedding festivities of Reliance Chairman Mukesh Ambani’s youngest son, Anant.

Founder and chairperson of Reliance Foundation, Nita Ambani spoke about the pre-wedding function of her son, Anant Ambani, with Radhika Merchant.

She shared the relevance of art and culture and how she is “passionate” about it, saying, “Throughout my life I have been inspired by arts and culture. It has deeply moved me and I am very passionate about it.”

While talking about her son’s wedding she mentioned, “When it came to my youngest son Anant’s wedding with Radhika, I had two important wishes – first, I wanted to celebrate our roots…Jamnagar holds special place in our hearts and has a profound significance. Gujarat is where we come from, it’s where Mukesh and his father built the refinery and I started my career by converting this arid and desert like area into a lush green township and a vibrant community.”

Meanwhile, Rajinikanth is busy shooting for Vettaiyan directed by TJ Gnanavel. The film also features Amitabh Bachchan, Fahadh Faasil, Rana Daggubati, Dushara Vijayan, and Ritika Singh. The film will be released in the latter part of 2024.

Rajinikanth has joined hands with ace producer Sajid Nadiadwala.

Recently, Grandson dropped a picture of Rajinikanth with Sajid Nadiadwala.

“It’s a true honour to collaborate with the legendary Rajinikanth Sir! Anticipation mounts as we prepare to embark on this unforgettable journey together,” Nadiawala said in a post on X.

More details regarding the duo’s collaboration are awaited. (ANI)

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Check Out Katrina’s Mushy Moments With Vicky

The grand pre-wedding festivities of Anant Ambani and Radhika Merchant are going on in full swing in Jamnagar, Gujarat. The Bollywood celebrities gathered together at the event and several pictures and videos went viral on social media. Recently, actor Katrina Kaif dropped a picture with her husband and actor Vicky Kaushal from the event.

The ‘Tiger 3’ actor shared an adorable moment with Vicky on Instagram.

Katrina looked beautiful in a floral maxi dress while Vicky wore a beige and brown casual.

Reliance Chairman Mukesh Ambani’s youngest son, Anant Ambani, is set to tie the knot with industrialist Viren Merchant’s daughter, Radhika Merchant, later this year.

The three-day pre-wedding festivities of Anant Ambani and Radhika Merchant began on Friday in Jamnagar.

Jamnagar is currently buzzing with guests from around the world who have gathered to partake in the pre-wedding celebrations of Mukesh Ambani’s youngest son, Anant.

From Bollywood celebs like Shah Rukh Khan, Salman Khan, Ranbir Kapoor to famous sports personalities like MS Dhoni, Rohit Sharma, Sachin Tendulkar, who’s who from different fields arrived to attend the three-day lavish celebrations. (ANI)

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Mr and Mrs Mahi Janhvi

Janhvi Poses With OG Mrs & Mr. Mahi

Actor Janhvi Kapoor, who is all set to come with the sports drama ‘Mr and Mrs Mahi’, met the former Indian Captain Mahendra Singh Dhoni and his wife Sakshi Dhoni.

After attending the pre-wedding festivities of Anant Ambani and Radhika Merchant in Jamnagar, Gujarat, Janhvi on Monday treated fans with photos from the event and shared some special memories.

“With the OG Mr & Mrs Mahi. Plus some special mems,” Janhvi wrote.

The first photo featured Janhvi posing with MS Dhoni and Sakshi.

Interestingly, Janhvi will be seen in the role of a cricket player along with Rajkummar Rao in the film which is expected to highlight the role of former India skipper Dhoni.

In the pictures, Janhvi can be seen wearing a pink coloured saree and has kept her hair half-tied.

Dhoni opted for a stylish white kurta-pyjama, while his wife Sakshi, dolled up in a simple yellow and red-hued printed salwar suit.

In another image, she can be seen posing with her father Boney Kapoor and her sister Khushi.

Another photo captured Janhvi and her rumoured boyfriend Shikhar Pahariya posing for a picture.

One of the pictures that caught fans’ attention is Janhvi and Sara performing on stage. Sara can be seen dancing with Shikhar’s brother Veer Pahariya, whom she is rumoured to have dated in the past.

As soon as the photos were uploaded, fans and industry members chimed in the comment section.

Akansha Ranjan Kapoor wrote, “Aww cuteeeeeee! Also sharry gonna kill you.”

One of the users wrote, “Jk and Mahi together.”

The three-day pre-wedding festivities of Anant Ambani and Radhika Merchant began on Friday in Jamnagar. Guests from all around the world were in the city to attend the pre-wedding festivities of Reliance Chairman Mukesh Ambani’s youngest son.

Talking about ‘Mr and Mrs Mahi’, the film is a sports drama. It marks Janhvi and RajKummar’s second collaboration after ‘Roohi’.

The film is directed by Sharan Sharma, who made his directorial debut with ‘Gunjan Saxena: The Kargil Girl’.

Apart from this, Janhvi will also be seen in the Pan-India film ‘Devara’ along with Jr NTR and Saif Ali Khan. (ANI)

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Uttar Pradesh Public Service Commission (UPPSC)

Farmers Protest: SC Asks Petitioner Not To File Plea For Publicity

The Supreme Court on Monday allowed a petitioner to withdraw his plea seeking direction to the government of India to consider the reasonable demands of the farmers who are staging continuous peaceful protest and demonstration.

A bench headed by Justice Surya Kant observed that these are complex issues and told the lawyer not to file such petitions for publicity based on newspaper reports.

“Do not file such petitions for publicity only, based on newspaper reports. The High Court is also seized and has given directions. Be careful. We are not taking a stand on anything. Do your own research also, these are complex issues,” said the bench to the petitioner’s lawyer.

It allowed the petitioner to withdraw the plea with liberty to seek remedies as per law.

Agnostos Theos, Managing Director of The Sikh Chamber of Commerce approached the Supreme Court seeking direction over farmers protests.

The plea sought direction to the State and Central government to stop all violence against the protestors and remove all barricading and fortification etc. at once.

The farmers are peacefully protesting for their demand for the implementation of the recommendations of the Swaminathan committee as per their call for the protest for ‘Dilli Chalo’ on February 13, 2024, it said.

“The Respondent, Union and State governments, in anticipation of the protest by the farmer, issued threats against the people in participating in the protest, fortified the borders of the state around the city of Delhi, with iron spikes, concrete walls, etc. ensuring that farmers are not able to enter territory of the national capital,” the petition added.

The plea sought direction to the government to instruct relevant authorities to not cause hindrance in farmers’ peaceful march and gathering in the national capital.

Social media accounts should be unblocked and the right to free speech should not be curbed, the plea stated, adding that FIRs should be registered against this act of the government.

“Instruct relevant authorities to take immediate action against those who are defaming farmers and Sikhs, and hurling abuses, using derogatory terms and issuing threats,” the petition urged.

Thousands of farmers remain camped at Khanauri and Shambhu borders with their tractor-trolleys and trucks agitating for their demands, including a legal guarantee for minimum support price (MSP) for crops and farm debt waiver. (ANI)

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Kolkata Dr rape-murder Case

Corruption, Bribery By Legislators Erode Probity In Public Life: SC

The Supreme Court on Monday held that “corruption and bribery by members of the legislatures erode probity in public life” while overturning a previous ruling that offered immunity to lawmakers from charges of accepting bribes for casting votes or making speeches in Parliament or state legislatures.

The Supreme Court’s seven-judge Constitution Bench overruled the 1998 PV Narasimha Rao judgment case, which granted immunity to members of Parliament and members of the legislative assembly from prosecution for taking bribes for voting in Parliament or state assemblies.

“Corruption and bribery by members of the legislatures erode probity in public life,” the bench led by Chief Justice DY Chandrachud said. The other judges on the bench included Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar, and Manoj Misra.

The bench strongly opined that “the offence of bribery is agnostic to the performance of the agreed action and crystallises on the exchange of illegal gratification.”

“It does not matter whether the vote is cast in the agreed direction or if the vote is cast at all. The offence of bribery is complete at the point in time when the legislator accepts the bribe,” the court viewed.

Overruling the judgement given in the PV Narasimha Rao case, the court said that the interpretation given in that judgement is contrary to the text and purpose of Articles 105 and 194.

The interpretation placed in the judgment of the majority in the PV Narasimha Rao case (supra) results in a paradoxical outcome where a legislator is conferred with immunity when they accept a bribe and follow through by voting in the agreed direction, the court said, adding further that on the other hand, a legislator who agrees to accept a bribe, but eventually decides to vote independently will be prosecuted. “Such an interpretation is contrary to the text and purpose of Articles 105 and 194,” the court ruled.

“In the course of this judgment, while analysing the reasoning of the majority and minority in PV Narasimha Rao (supra) we have independently adjudicated on all the aspects of the controversy, namely, whether, by virtue of Articles 105 and 194 of the Constitution, a Member of Parliament or the Legislative Assembly, as the case may be, can claim immunity from prosecution on a charge of bribery in a criminal court. We disagree with and overrule the judgment of the majority on this aspect,” the top court ordered.

“The judgment of the majority in PV Narasimha Rao (supra), which grants immunity from prosecution to a member of the legislature who has allegedly engaged in bribery for casting a vote or speaking has wide ramifications on public interest, probity in public life and parliamentary democracy. There is a grave danger of this Court allowing an error to be perpetuated if the decision is not reconsidered,” the court observed.

“Unlike the House of Commons in the UK, India does not have ‘ancient and undoubted’ privileges which were vested after a struggle between Parliament and the King. Privileges in pre-independence India were governed by statute in the face of a reluctant colonial government. The statutory privilege transitioned to a constitutional privilege after the commencement of the Constitution,” the court said.

“An individual member of the legislature cannot assert a claim of privilege to seek immunity under Articles 105 and 194 from prosecution on a charge of bribery in connection with a vote or speech in the legislature. Such a claim to immunity fails to fulfil the two-fold test that the claim is tethered to the collective functioning of the House and that it is necessary to the

discharge of the essential duties of a legislator,” it added.

Articles 105 and 194 of the Constitution seek to sustain an environment in which debate and deliberation can take place within the legislature. This purpose is destroyed when a member is induced to vote or speak in a certain manner because of an act of bribery, the top court said.

The jurisdiction which is exercised by a competent court to prosecute a criminal offence and the authority of the House to take action for a breach of discipline in relation to the acceptance of a bribe by a member of the legislature exist in distinct spheres. The scope, purpose and consequences of the court exercising jurisdiction in relation to a criminal offence and the authority of the House to discipline its members are different, the top court said

“The potential of misuse against individual members of the legislature is neither enhanced nor diminished by recognizing the jurisdiction of the court to prosecute a member of the legislature who is alleged to have indulged in an act of bribery,” the court said. (ANI)

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Understanding the MSP Issue, India and WTO

One of the farmer leaders called for India to exit the World Trade Organisation. India is engaged in tactical bargaining at WTO to retain minimum support price (MSP). The WTO is desperate to reach outstanding issues of the current Agreement on Agriculture while many ordinary supporters of farmers are accusing the Indian Government of siding with corporates. In this article we explore the facts and how each is stuck in a complex muddy field from which there are few ways out.

Let us start with MSP, or Minimum Support Price. A simple fact of agriculture is that farming is no longer a subsistence occupation. Subsistence farming used natural fertilisers such as manure and farmers practised crop rotation, keeping the soil healthy. Farmers mostly produced for themselves and sold some in the market.

However, as population and life spans grew in India, traditional farming could not meet the growing demand. India had to go to international markets to buy staple foods such as grain and rice to feed its population. Often, India didn’t have enough money and borrowed it or went with a begging bowl for cheaper grain. It was ridiculed and was open to pressure by donor countries. An empty stomach is at the mercy of the provider.

The Green Revolution was a kick-start to move towards food security and self-sufficiency. The prerogative was to produce enough basic foods to feed all of India and keep enough in store for difficult times and even export. India was willing to subsidise this juggernaut of self-sufficiency drive. It changed small farmers to become small commercial farmers.

Farmers now use nitrogen-based fertilisers, all year supply of water with ever deeper mechanised wells (tube wells), and seasonal labour. Now they farm to sell rather than just feed the family. They have mostly abandoned rotation farming, growing 2-3 crops a year on the same plot of land, almost sucking life out of the land.

The inputs such as water, diesel, electricity, labourers, seeds, fertilisers, pesticides, hiring tractors or owning one on hire purchase etc all amount to considerable expense. India’s farms are small, with about 86% of farms ranging from 1-3 acres. They are family owned.

There are about 125 million farmers in India. About 58% of the Indian population depends directly or indirectly on farming sector with jobs ranging from farmer, farm labourers, traders, labour for traders, truck drivers, assistants and so on.

The Government provides many support structures and incentives, such as a well-developed procurement system called the mandi system. The Government buys the grain from farmers and ensure a minimum price so farmers can make profit. This is called Minimum Support Price or MSP. Usually it is direct input costs, called A2 and others such as unpaid family time, labelled as F1 plus 50% to 85% top up, depending on the crop, to make farming viable for the family. There was meant to be another factor called C2 which is unpaid rental and interest on fixed capital of the land. This has not been instituted. Farmers still find it difficult to make a reasonable living.

ALSO READ: Understanding the Mandi System in India

In theory, MSP is given to 22 crops products listed as essential commodities. But in reality only a few products get it and not all states provide it. It is mainly Punjab, Haryana and some parts of Himachal Pradesh. Rice and wheat are among leading crops that the Government pays for.

The road to food security is expensive but the country has become self-sufficient. It no longer goes with the begging bowl for basic foods such as rice and grain. In fact it has the capacity to export them.

The alternative is to buy basic foods in the international market from countries like Canada, Australia, United States and some other countries. Farms in these countries are an average 400 acres and in Australia can be as large as 25,000 acres. By economies of scale, these farms can buy fertilisers cheaper, have few labourers per acre of land and much fewer machinery per acre. Only a few tractors are needed for a 400 acre farm, whereas in India every 3 acre farm has to hire a tractor, wait their turn to hire or buy a tractor for their small farm.

It is not difficult to understand why cash crops can be produced cheaper by these countries with larger farms. The farms are bigger partly because these are the new worlds where land was plenty. In India and Africa, farming has been in families for centuries if not thousands of years.

If India buys on the open market and stops subsidising its farming, it will be open to the uncertainties of international politics. Other countries could demand more than money in return for selling cheaper wheat. The recent Ukraine conflict has shown how African countries dependent on Ukrainian wheat nearly faced starvation until Russia stepped in.

The other alternative is for India to go the way of some western countries and drive small farmers out in favour of large corporate Agri Business as USA did. Subsidies can be smaller and production can be cheaper with overheads spread over large area. However, that also means over a 100 million of not more farmers thrown into the job market without any jobs available. And another 300 to 600 million people dependent on the farm sector being made jobless. Politically, it will be suicide for any party to go down this route and nationally there could be unrest with nearly 50% of the population unemployed. MSP supported farming can be considered to be a form of indirect social security for farmers in return for ensuring food sovereignty.

The WTO

However, India faces another pressure, the World Trade Organisation or WTO. It took over from GATT, the General Agreement on Trade and Tariffs, in January 1995. WTO is market orientated and concerned about ensuring international trade being conducted fairly and competitively. It does not like subsidies which it calls market distortion. And it also negotiates and sets limits on tariffs which are taxes on imports.

Distortions occur if two countries, A and B manufacture the same product, for instance a ceramic plate. If production costs in country A is ₹10 a plate and in country B it is ₹8 a plate, then country B is likely to be able to sell more of it. However, country A may decide to subsidise every plate by ₹5 and thus enable the manufacturer to sell for ₹5 on the international market, undermining country B. This is distorting the market with a subsidy.

On the other hand, country A may decide that any plates imported from country B will be taxed ₹5. This pushes the price of country B plate ₹to 13. This will ensure that people in country A will buy the plates made by their own country at ₹10 rather than ₹13 a plate from country B. This is called protective measures and also distorting the market.

The Agreement on Agriculture (AOA) first came into force on 1st January 1995. It sought to put limits on subsidies. The AOA has three categories of subsidies. Green subsidies are permitted in fields such as training for farmers, which does not distort the market. Amber Box subsidies are market distorting subsidies. It was agreed that developed countries such as Canada, USA etc can give up to 5% subsidy. Developing countries such as India, China and most of the South can give up to 10% subsidy. The Blue box subsidy is where State subsidises to prevent over production and thus stop market distortion. This could be putting limits on production or giving money for uncultivated land set aside for environmental purposes.

The 5% subsidy for developed countries is a lot of money for a farmer with 400 acres. However 10% subsidy for a farmer with 3 acres of land does not make farming viable. India has been defying this by giving 50% to 85% subsidies. Clearly, WTO is not happy. Or rather some countries in WTO are not happy.

A group of 17 countries, known as the CAIRNS group, want WTO to impose these subsidy limits on countries like India. Leading them are Canada, Australia and USA. Australia brought a case against India on its 85% sugarcane subsidy. India lost that.

USA, Canada and Australia particularly want to bring a case on wheat subsidy in India. These countries know that the agriculture sector could collapse in India and India may be forced to buy wheat from them. They want to penetrate the big Indian market.

WTO and INDIA

Under Dr Manmohan Singh and now Narendra Modi, India has resisted this pressure. India wants WTO to allow it to continue with high subsidies. Its food sovereignty depends on that. The Modi government has been withholding consent on some other agreements until these concessions are agreed, particularly on tariffs for e-commerce. In the current 2024 round at Abu Dhabi, Piyush Goyal, the Industry and Commerce minister, scuppered any agreement on fishing stocks as India cannot afford not to give subsidies to fishermen and farmers.

WHAT NOW

There has to be 100% consent for a WTO agreement to become binding. India will no doubt continue to resist any pressure to reduce subsidies. One way forward is for the Agreement on Agriculture to come out of WTO and be handed to UNCTAD, the United Nations Conference on Trade and Development. WTO is not obliged to be cognisant of human rights, sustainable development goals, right to family life, right to education etc as it is not a UN body. But UNCTAD is a UN body and its policies and agreements have to align with those conventions.

WHAT SHOULD INDIA AND FARMERS DO.

Some farmers are arguing that there should be MSP for all crops. This is not feasible and is not really part of a food sovereignty approach. The Government is mindful of the impact on environment and water. Farmers and Indian government need to work together internally to achieve sensible policies and internationally to force changes at WTO or take Agreement on Agriculture out of WTO.

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