Be Mains Ready

Approach

• Briefly mention the recent controversy.
• Highlight the IPR laws and the reason which increases farmers vulnerability.
• Mention some reasons for dishonouring of contracts by corporates.
• Recommendations to undo the malaise.
• An optimistic and futurist way forward.

Introduction

• Norman Borlaug regards IPRs in agriculture as prescription for famines. This reflects the potential of IPRs in agriculture to threaten the world food security.
• In India, so far in the area of seeds and plant genetic resources, innovation in both formal and informal system has so far been guided by larger societal good. But the recent controversy of PepsiCo suing the Gujarat farmers for growing the patented variety of potato, highlights the ethical concern of food production in respect of individual interest over societal good.

Agricultural IPR Laws

• According to Seeds Act, 1968: Seeds are outside the ambit of IPR, it is sui-generis right of the farmer.
• According to the Protection of Plant Varieties and Farmers' Rights Act, 2001(PPVFR Act)
  
  • Section 39 of the Act allows farmers to save, use, sow, re-sow, exchange, share and even sell farm produce including seed of a protected variety. But when it is sold, it cannot be packaged and branded as such.
  • The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act allows protection of plant varieties for some years if they are found to be distinct, uniform and stable.
  • Thereby the PPVFR Act seeks to protect the rights of farmers and communities using plant varieties with desirable traits, which they have conserved over the years

The major fallout of this favourable legislation regime is the unawareness of farmers about complex IPR laws due to low literacy, and economic status which prevents them to go for legal advice. The lack of initiatives on behalf of government to acquaint farmers about their rights increases their vulnerability many folds.

On the other hand, the institutional and monsoonal vulnerability of farmers is compounded by dishonouring of contract by corporates. The major reasons for dishonouring of contracts are discussed below:

• Lack of institutional mechanism for dispute redressal on matters of quality and other terms of contract.
• Poor literary status of farmers.
• Lack of uniformity on policy related to contract farming as agriculture is a state subject.
• APMCs which are designated as an authority for registration and dispute settlement in most states are marred by corruption and administrative inefficiencies which jeopardizes the contract enforcement.

Recommendations

• Promotion of farmers producer organisations which can take care of legal awareness and contracts.
• Community rights for farmers
• Creating awareness among farmers
• Encourage states to adopt the Model Contract Farming Act, 2018.
• Contract farming must mandatorily incorporate the provision of crop insurance to protect the farmer.

Conclusion

Though Indian government is under pressure from global trade regime to enforce strict IPR regime but a strict IPR policy is not advisable in Indian agriculture since India is an agrarian economy and a strong IPR will lead to creating a monopoly of a certain company in some commodity(like case of Monsanto in Bt cotton), which will certainly not be in India's national interest.

A revolution of the Indian agricultural sector is what the country is calling out for today. It is the responsibility of our policy makers to ensure food security for our growing population by protecting farmers rights in every way possible.