Kisan protest: can a solution be reached through Supreme Court?

Posted on 19th Dec 2020 by rohit kumar

The strike of the farmers on the borders of Delhi has been going on continuously for the last three weeks against the recently passed new agricultural laws. Many rounds of negotiations between farmers' organizations and the government have not been resolved, and now with the help of some public interest petitions, the matter has reached the Supreme Court.

 

During the hearing of the petitions, the Supreme Court while accepting the right of farmers to 'Right to Protest' said that it should also be seen that this should not violate the rights of other people. During the hearing, Chief Justice SA Bobde said, "We have sympathy with the farmers, but there has to be a solution."

 

Even before the hearing began on Thursday, the Supreme Court made it clear that at present, it will not hear the law but the effect of the movement on the roads and the rights of citizens.

 

In this case, the lawyers representing the central government argued that the protesters have blocked the way to Delhi, which has increased the prices of milk, fruits, and vegetables. The case is being heard by a joint bench of Chief Justice SA Bobde, Justice AS Bopanna, and Justice V Ramasubramaniam.

 

The Chief Justice said during the hearing that there should be a dialogue between the government and the farmers, protests should not be stopped and properties should not be damaged.

 

The Chief Justice also proposed the formation of a committee to remove the deadlock, which includes people from all sides and agricultural experts as well. However, no representative of the farmers was present during this hearing.

 

Actually, in this case, neither on behalf of the farmers nor the government has gone to the Supreme Court, but the Supreme Court is hearing the plea of ​​a common man besides two lawyers. Naresh Sirohi, the leader of the BJP's Kisan Morcha, says that if the talks had already been held with the farmers, in this case, the Supreme Court probably would not have to interfere.

 

An attempt by the Supreme Court

 

The case in the Supreme Court may have been through the petitions of other parties but questions are arising whether the matter has become so serious that the Supreme Court has to intervene in it and secondly whether there is any solution in the Supreme Court Can leave

 

Constitutional expert Subhash Kashyap says that this is an attempt of the Supreme Court and if a solution is found out then it will be good.

 

In a conversation with the BBC, Subhash Kashyap says, "The Supreme Court has not given any order but has made an effort. It will not even be said to interfere because the court has not taken cognizance of itself. There is no decision on any legal issue." "Rather, we have appealed to both the parties. It will not be called arbitration but it is the opinion of the court. When the appeal was made in the Supreme Court, the court had to tell some way. So there is no problem in it."

 

At the same time, the farmer's leaders also say that the Supreme Court has not interfered, but when some people took the matter there, the court had to comment.

 

Yudhveer Singh, leader of the Bharatiya Kisan Union, says, "The government ignored us from the beginning. This is a serious matter, but the government took it lightly from the beginning. The haste in the Corona period made it clear. It is for whose benefit the government is bringing this law. Farmers across the country are unhappy with this. The government first felt that this movement is only up to Punjab and Haryana and it also propagated it but now things are in front of the people. We are the court I have not even gone, but still, the court has justified our demands and has recognized our right to perform. "

 

The committee does not solve anything

 

On the question of whether there can be any solution to this from the Supreme Court, Yudhveer Singh says, "Let the government know. We have demanded the cancellation of the law and the second demand is that the MSP should be guaranteed a purchase." Whether it is the government or any private agency or private businessman or anyone else. But you see that despite all this, the Prime Minister is making a false statement that Swaminathan's report has been implemented. The blame is being laid on the farmers. They are saying that someone is provoking the farmers. It is the audacity of the government and nothing else. "

 

Yudhveer Singh says that the government had made an offer to form a committee, but by forming a committee, the matter will only be hanging and nothing will happen.

 

He says, "The government had offered to make a committee, which was rejected by the farmers. Nothing can be got from the committees. If something is to be hanged, a committee is made. Now which committee is the Supreme Court talking about?", I don't know but the farmers are now in a mood to fight the war across. "

 

Actually, in this case not only the farmers' organization but also the government is also adamant on its own. BJP leaders are constantly making the statement that the laws that the government has brought are in the interest of the farmers and the political parties are behind the farmers' movement. At the same time, the farmers say that they have instructed political parties to remain completely separate from their movement.

 

BJP leader and UP agriculture minister Surya Pratap Shahi says, "Those who could not do anything for the farmers while in power earlier, are trying to provoke them. Modi government is working in the interest of every section including farmers. Political parties who have lost their land do not like it. That is why they are provoking the farmers. "

 

Court can decide on legal issue

Subhash Kashyap says that although the Supreme Court has only given its opinion, it has not given any decision on any legal issue but it can do so.

 

According to him, "In many cases even before the Supreme Court has made judgments on the legal points. The abolition of Zamindari is a great example. This is why the property right has been excluded from the fundamental rights. No decision has been given here yet But in the event of deadlock, some way or the other can be found out by the Supreme Court. "

 

At the same time, some experts say that even though the government is showing a stubborn stance on this issue, the truth is that it did not expect the movement to reach this form.

 

'Court is also under pressure'

Senior journalist Arvind Kumar Singh says that it is difficult to remove the farmers in the atmosphere that has been created now. He says, "All the petitions reached in the Supreme Court may be at the private level, but such petitions are often indirectly done by the government. The government is on the back foot. In the initial stages, there were talks but now that It is understood that the farmers will not agree. The postponement of the cold session is showing that the government is not in a position to discuss it in Parliament. "

 

Arvind Kumar Singh says that the government may have tried to put some organizations on its side, but it is such an issue that no organization can support the law, not even the Indian Farmers Union.

 

Arvind Kumar Singh says, "It is a more organized movement than in 1988-89 and it is not easy to suppress the movement of the community. The governments of Haryana and UP have tried but not succeeded. The Supreme Court is also looking at these things But he also cannot give any such order because there is no such chaos due to the farmers' movement. ''

 

'' Actually, the court is also under a lot of pressure. The Supreme Court is understanding that the government wants to carry out its work by placing a gun on its shoulders. Meaning, the work that the government does, it wants the Supreme Court to do it. "

 

At present, the hearing of this case will now be held during the winter holidays next week. The court has said that the petitioners can go to the court bench if they want.