Chhavi Bhatia
New Delhi: In a major relief to farmers, the Supreme Court acknowledged their right to protest, backing them further to continue with it so long as it does not endanger life or property.
The court while hearing a series of petitions seeking removal of farmers who have been holding peaceful sit-in for 23 days now, also recommended putting on hold the implementation of laws to hold discussions with farmers, adding that the matter can be referred to the vacation bench.
The bench of Chief Justice SA Bobde said, “We recognise the farmers’ fundamental right to protest against a law. We will not interfere in it to curtail it…It should, however, not damage life or property.”
The Chief Justice also said that the farmers can carry on with their stir without violence and the police cannot use violent means (to stop the protests). Pointing to the Centre, the court said you will also not instigate violence.
The three-judge bench on the other hand, suggested forming an “independent and impartial” committee with stakeholders who have knowledge of agriculture, where both the parties are heard, to resolve the issue. “Protesting for years will not get you anything. Your protest has a purpose. It is important to take the cause behind your protest to a meaningful conclusion,” the bench remarked.
Meanwhile, senior advocate Harish Salve, representing petitioners seeking removal of protesting farmers from Delhi borders, advanced an argument that the protesters have blocked Delhi, preventing essential supplies from reaching the Capital.
On being asked by the CJI if all border roads have been blocked, Solicitor General Tushar Mehta clarified that only Singhu and Tikri border roads have been blocked but farmers are threatening to block all roads to Delhi.
“We are sympathetic towards the plight of the farmers and their cause. But you have to alter the way the agitation is going….bring out (the) solution,” the CJI told representatives of the Bharatiya Kisan Union.
Protesting farmer unions said constituting a new panel to break the stalemate on the three new agri laws is not a solution as they want a complete withdrawal of the legislations. They also said the government should have formed a committee of farmers and others before the laws were enacted by Parliament.
Abhimanyu Kohar, a leader of the Rashtriya Kisan Mazdoor Sabha which is one of 40 protesting farmer unions, said they have already rejected a recent government offer to form such a panel.
Taking to Twitter, Swaraj India leader Yogendra Yadav, who is also a member of umbrella group Sankyukt Kisan Morcha, said, ‘The SC can and must decide on the constitutionality of the 3 farm acts. But it is not for the judiciary to decide on the feasibility and desirability of these laws. That’s between the farmers and their elected leaders. SC monitored negotiation would be a wrong path.’ Bhartiya Kisan Union (Ekta Ugrahan), which has been leading the agitation at Tikri border, said that there would be no meaning of a new committee now.
Enacted in September, the three farm laws have been projected by the government as major reforms in the agriculture sector that will remove the middlemen and allow farmers to sell anywhere in the country.
The Sanyukt Kisan Morcha wrote a letter to the Centre asking it to stop holding ‘parallel talks’ with other farmer bodies over the contentious legislations.
With the government saying that it is waiting for the reply of farmer leaders, the Morcha said there was no question of responding as they had made their stand clear in the last round of meeting with Union ministers that they want the laws to be repealed.
New Delhi: In a major relief to farmers, the Supreme Court acknowledged their right to protest, backing them further to continue with it so long as it does not endanger life or property.
The court while hearing a series of petitions seeking removal of farmers who have been holding peaceful sit-in for 23 days now, also recommended putting on hold the implementation of laws to hold discussions with farmers, adding that the matter can be referred to the vacation bench.
The bench of Chief Justice SA Bobde said, “We recognise the farmers’ fundamental right to protest against a law. We will not interfere in it to curtail it…It should, however, not damage life or property.”
The Chief Justice also said that the farmers can carry on with their stir without violence and the police cannot use violent means (to stop the protests). Pointing to the Centre, the court said you will also not instigate violence.
The three-judge bench on the other hand, suggested forming an “independent and impartial” committee with stakeholders who have knowledge of agriculture, where both the parties are heard, to resolve the issue. “Protesting for years will not get you anything. Your protest has a purpose. It is important to take the cause behind your protest to a meaningful conclusion,” the bench remarked.
Meanwhile, senior advocate Harish Salve, representing petitioners seeking removal of protesting farmers from Delhi borders, advanced an argument that the protesters have blocked Delhi, preventing essential supplies from reaching the Capital.
On being asked by the CJI if all border roads have been blocked, Solicitor General Tushar Mehta clarified that only Singhu and Tikri border roads have been blocked but farmers are threatening to block all roads to Delhi.
“We are sympathetic towards the plight of the farmers and their cause. But you have to alter the way the agitation is going….bring out (the) solution,” the CJI told representatives of the Bharatiya Kisan Union.
Protesting farmer unions said constituting a new panel to break the stalemate on the three new agri laws is not a solution as they want a complete withdrawal of the legislations. They also said the government should have formed a committee of farmers and others before the laws were enacted by Parliament.
Abhimanyu Kohar, a leader of the Rashtriya Kisan Mazdoor Sabha which is one of 40 protesting farmer unions, said they have already rejected a recent government offer to form such a panel.
Taking to Twitter, Swaraj India leader Yogendra Yadav, who is also a member of umbrella group Sankyukt Kisan Morcha, said, ‘The SC can and must decide on the constitutionality of the 3 farm acts. But it is not for the judiciary to decide on the feasibility and desirability of these laws. That’s between the farmers and their elected leaders. SC monitored negotiation would be a wrong path.’ Bhartiya Kisan Union (Ekta Ugrahan), which has been leading the agitation at Tikri border, said that there would be no meaning of a new committee now.
Enacted in September, the three farm laws have been projected by the government as major reforms in the agriculture sector that will remove the middlemen and allow farmers to sell anywhere in the country.
The Sanyukt Kisan Morcha wrote a letter to the Centre asking it to stop holding ‘parallel talks’ with other farmer bodies over the contentious legislations.
With the government saying that it is waiting for the reply of farmer leaders, the Morcha said there was no question of responding as they had made their stand clear in the last round of meeting with Union ministers that they want the laws to be repealed.
