After Supreme Court Order, Farmers’ Unions have to be Prepared for a Long Haul

Feeling snubbed by the Apex Court, Modi government will use all means to divide the agitators and delegitimise the movement, writes ARUN SRIVASTAVA.

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The Supreme Court's refusal to "interfere with the (farmers') protest", holding the view that "at this stage the agitation should be allowed to continue without impediment" as they have the right to carry out protests, and not passing an order to evict the agitating farmers, has not gone down well with the Modi government.

As it appears on the surface as a retaliatory move, the Centre, in an unusual exercise of its authority, refused to assure the apex court that it would not implement the three new farm laws till the bench had heard all the parties, setting up an exchange on who was being adamant. The reason cited by the Modi government has really been unsustainable. The government told the court that any such assurance would encourage the "adamant" farmers to avoid talking to the government. Nevertheless, the government had no valid retort to the remark of the Chief Justice of India S.A. Bobde: "They (farmers) may say you (the government) are adamant."

"Mr Attorney-General, will you assure the court that you will not implement the law, till we hear all…. We are not staying the law but you can just say that no action will be taken," Justice Bobde said. 

"No, that is not possible because then the farmers will not come for discussion," Attorney General K K Venugopal said. The Chief Justice said: "It (the assurance) is to enable the discussion…. We don't think they (farmers) will accept your (government's) conclusions. Let the committee decide. We have observed that you have not been successful in negotiations."

In fact, the government has been quite sceptical of the stand of the court with the bench showing its concern for the agitating farmers. The court said in plain words that it will not interfere with the farmers protest against three farms laws. 

"We're of the view at this stage that the farmers' protest should be allowed to continue without impediment and without any breach of peace either by the protesters or police," said the court. 

The CJI of Supreme Court said: "A protest is constitutional till it does not destroy property or endanger life. Centre and farmers have to talk."

While the government construed the remark of the court as censure of its functioning it was sceptical of the future development. It got scared that the recommendations of the panel would jeopardise its design. While Modi government was non-committal to the court's query, on the other hand, it intensified its dirty game of vilifying the agitating farmers.

The most unfortunate development is that Modi government has hatched a plan to denigrate and malign the farmers' agitation. 

The 8 page letter of Agriculture Minister Narendra Tomar to farmers' unravels the design. It alleges that the agitation has been on hijacked by outsiders. Even the government lawyer alleged; "now, it appears that others have taken over the farmers' protest." Aware of the fact that any kind of direct blame on the farmers would prove to be counterproductive, it came out with the thesis of hijacking of the agitation by outsiders.

This has been part of their design to convey the wrong message to the court. 

The apex court telling the Centre that its talks with the farmers' unions have "not worked apparently" and are bound to fail has unnerved the BJP and the Modi government. That the court was not satisfied with the government's handling of the agitation was clear from its observation: "the purpose of staging a protest can be achieved if the farmers and the government hold talks and we wish to facilitate that." 

The bench also observed: "We will not decide the validity of law today. The only thing which we will decide is the issue of protest and the right to move freely".

From the beginning of the agitation, the government has been trying to project the agitation as Punjab centric.  The government is concealing the fact that farmers organisations from other states were also participating in it. Even today Tomar, who is negotiating with the farmers, said that the agitation at Delhi's border is limited to one state and farmers of Punjab are being "misled" by the Opposition.

While the government is scared of the court's move, the farmers hold that formation of the panel is not a solution. They want a complete withdrawal of the legislations. 

They said that if the government had formed a committee of farmers and others before the laws were enacted by the Parliament then the current situation would not have arisen. The agitating farmers hold that the apex court must decide on the constitutionality of the three farm acts. It is not for the judiciary to decide on the feasibility and desirability of these laws. They strong feel that any kind of monitored negotiation would not protect their interest.

The apex court's observation has proved to have a dampening effect on the government. 

The Modi government and the BJP leaders were quite hopeful that as in the case of Shaheen Bagh- when the apex court asked the agitators to vacate the public place- this time too the apex court would pass some similar order asking the farmers to disperse. 

But this did not happen. If the court had come out with such an order the agitation would have fizzled out.

The petitioner had argued that blocking public roads is illegal and violates the apex court's judgment relating to the Shaheen Bagh protest in Delhi against the new citizenship regime. The apex court had ruled that protests that block roads are illegal and such demonstrations can be held only at designated sites.

The court nevertheless snubbed the BJP design. 

The court observed: "Farmers have right to protest. We won't interfere with it, but the manner of protest is something we will look into. We will ask Centre what is the manner of protest going on, to slightly alter it so that it doesn't affect the citizens' right of movement". 

The court did not even move to the submission of the Attorney General KK Venugopal, "None of them (farmers) wear a face mask, they sit together in large numbers. COVID-19 is a concern, they will visit villages and spread it there. Farmers cannot violate the fundamental rights of others."

With the agitation acquiring a national dimension, the Modi government, its minister and the BJP leaders must refrain from insinuating the farmers and instead must adopt a pragmatic approach. They must refrain from testing the perseverance of the farmers and describing them as ignorant and stupid. They know who is spreading the white lies and misleading them. 

Their determination and the longevity of the agitation should make Tomar conscious of him being a human. If he is aware of the identity of the person who was spreading lies, then what prevents him from revealing his identity?  Why is he not striving to demolish the wall of lies and conspiracies that has been created between the Centre and farmers?

Before blaming others, Tomar must come clean and speak the truth. Why is, he or his government, reluctant to not convene a special session of Parliament and address the concerns of the agitating peasants? Modi and his ministers must realise that their posture does not give the impression of them being strong and macho. Instead, it paints the grim picture of an indecisive and confused leader. (IPA) 

(Arun Srivastava is a senior journalist. Views are personal.)