By Jessy Kurian

New Delhi, Nov 23, 2021: November 19 this year marked a great history in India’s Independence history. On this day ‘sovereignty’ of India was reaffirmed, when Prime Minister Narendra Modi a announced the repeal of three Farm Laws. They are:

1. The Farmer’s Produce Trade and Commerce (Promotion and Facilitation)Act
2. The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act
3. The Essential Commodities (Amendment)Act

The chronology:

June 5, 2020 Governnebt promulgated three Farm Bills.
September 14, 2020 ordinance was brought to Parliament.
September 17, 2020 Ordinance was passed in Lok Sabha.
September.20,2020 Ordinance was passed in Rajya Sabha by voice vote
Septenber 24, 2020 Farmers in Punjab announce a three day rail rook
September 25, 2020 farmers across India took to the streets
September 27,2020 Farm Bills were given presidential assent and became laws

India is a ‘sovereign country’. The words, “We the people of India” indicate the ultimate sovereignty of the people of India. It means, ‘sovereignty’ lies with the people. Democracy means for the people, of the people and by the people. The recent success of the farmers’ protest re-affirms the same and we are proud that we are the largest democracy in the world.

Right to protest is one’s fundamental right. “The power of people is always greater than the people in power” said, Wael Ghonim who galvanized pro-democracy demonstrations in Egypt.

‘Right to protest’ derives from the Right to Freedom of Speech and Expression under Article 19,Article 19(1)(a). The Right to free speech and expression transform into the right to freely express an opinion on the conduct of the government

On 17th December,2020 while hearing a batch of petitions which sought the removal of protesting farmers from Delhi NCR borders, Supreme Court led by Chief Justice of India held that the farmers have right to hold peaceful protest. “Indeed, the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order”. In October a bench led by Justice S K Kaul also held the same.

First protest movement for the cause of farmers in India was held by Mahatma Gandhi in 1917. It was in support of the indigo cultivators in Champaran, Bihar. Thereafter in 1918 he led a protest in Kheda in Gujarat. In Champaran the indigo cultivators were forced to grow indigo and pay excess revenue. He joined the farmer’s protests and was imprisoned by the British authorities. The protests ended after an agreement was signed, under which compensation was given to the farmers and the poor farmers were also given control over farming in the region. The agreement also led to the suspension of collection of revenue till the end of the famine.

In Kheda, the people protested against huge tax levied on them in famine. The British Government did not listen to the people’s demands. Rather it threatened to confiscate property of those who did not pay tax. Later the Government suspended the tax and returned the confiscated properties.

Those protests were however against a foreign Government but here for more than one year the farmers were protesting against our own Government. Gandhiji applied the method of nonviolence and Satyagraha, a peaceful method sharpened during his years in South Africa, whereas the farmers exercised their right to protest enshrined under the Constitution of independent India. Gandhiji protested against the repressive laws imposed by the British a foreign nation. The farmers protested against the repressive laws passed by our own Government

India witnessed many other landmark protests that brought success to the people like Chipko movement in 1973, in the same year ‘Silent Valley protest’ in Morarji Desai’s time where MGK Memon Committee was set up to review the project and the Committee in 1980 recommended to scrap it.

This grassroots movement became the bedrock of Indian environmental activism, ‘Assam movement’ in 1979-1985 against undocumented immigrants in Assam, ‘Jungle Bachao Andolan’ in 1980s, ‘Gokak agitation’ in 1980 where a committee headed by VK Gokak had recommended primacy to Kannada in state schools in Karnataka, ‘Narmad Bachao Andolan’ in 1989 lead by Medha Patkar, ‘Mandal Protests’ in 1990, ‘Namantar Andolan’ protest to change the name of the Marathwada university in Aurangabad Maharashtra to Dr.BR Ambedkar University and it became a success in 1994. The latest mass protest was at India Gate for the cause of Nirbhaya in 2012.

The main four purposes of law are: maintaining order, establishing standards, protecting liberties and resolving disputes. However even after eleven talks with the farmers by the Centre, the matter was not solved as the farmers were convinced that these laws will not serve any of the purpose above.

There are many inspiring factors in this protest. First one is, ‘United we stand.’ Men and women, young and old, adults and minors participated in the protest. Second is the strong determination to win the cause for which they started the protest. They faced many hardships. The place of protest was barricaded to confine them, preventing their movement. Blockade was imposed by police. Even their electricity and water facility were disturbed/disconnected. More than 700 farmers died, some others were killed by tractor rolling over. They were called terrorists, Maoists, Anti-nationals, Khalistanis etc.. Many were beaten and attacked. They lacked food, even necessities of life. Still with great determination they persevered and that led to success.

There are only three things that can kill a farmer: lightning, rolling over in tractor, and old age, said Bill Bryson

“You can chain me, you can torture me, you can even destroy this body, but you will never imprison my mind” said Mahatma Gandhi and that proved true by the farmers.

It is a Constitutional Victory
It is the success of Democracy