Monday, January 16, 2023

Why North Bengal needs a separate identity and why the time is right now.

Regional aspirations are not averse to nation-building unless accompanied by anti-national aggressive sentiments coupled with tumultuously armed assertions.  Nation-building is not something that can be accomplished once and for all times to come.  Immediately after independence, India had to cope with issues of partition, displacement, integration of princely states, and reorganization of states.  North-East had no consensus to be a part of India and the Dravidian movement briefly toyed with the idea of a separate country.  The Indian approach was very different from the one adopted in many European countries where they saw cultural diversity as a threat to the nation.  India adopted a democratic approach to the question of diversity that allows the political expressions of regional aspirations and does not look upon them as anti-nationals.  Sometimes, the concern for national unity may overshadow the narrow regional politics and community aspirations.  At other times, a concern for the region alone may blind us to the larger needs of the nation.

Some of the old problems have never been fully resolved.  The struggle for North Bengal as a separate state and the demand for Gorkhaland are both unresolved issues.  The feeling of neglect has been a long-trodden one for the people of North Bengal.  During the 30+ years of the Left misrule in Bengal, North Bengal was so neglected that it was almost on the verge of extremism.  The subsequent TMC led govt. is more of an organized and centralized consortium of money-minting meddlesome interlopers with no affirmative action and vision for the state or the region.  The Rajbonshi/Koch community supported the Left Front during its 34-year misrule, except at its fag end when it shifted allegiance to the TMC finally bringing it to power in 2011.  Armed rebellion was suppressed during the Left rule and TMC had to put no effort to douse the fire of separate statehood.  In the 2019 Lok Sabha polls, the BJP swept the region, largely on the back of support from the Rajbongshis.  But since inception in 1998, Rajbongshi groups like the CGPA, Kamatapur People’s Party, the Greater Cooch Behar Demanding Committee (GCDC), the All-Koch Rajbongshi Students’ Union, and the Koch Rajbongshi Sanmilani have demanded a separate state.  There are hundreds of self-styled intellectuals running Facebook and WhatsApp groups that have a considerable fan following on this topic.  The struggle for a separate Gorkhaland State is older than India itself and is a dream of a homeland for Indian Gorkhas as an essential pre-requisite to acquiring a distinct identity separate from those in Nepal.  The District of Darjeeling has witnessed two major violent movements in recent times for their long-standing demand for a separate state as Gorkhaland.  Their regional aspirations got steered into autonomy aspiration and Darjeeling Gorkha Hills Council was formed which was quickly replaced with Gorkha Territorial Administration.  Sooner than later, it is realized that limited regional autonomy is no substitute for the dream of a Gorkha homeland.

 

Other reasons behind the demand for a separate identity

 

Other than linguistic basis which has predominantly been put forward as the best ground, geographical continuity, and financial self-sufficiency, administrative convenience, capacity for future development should be generally the recognized test for the reorganization of States and Union territories.  North Bengal and Gorkhaland have felt neglected for all good reasons.  North Bengal is a geographically narrow corridor region popularly and strategically known as India’s chicken neck.  It shares four international boundaries and two of these neighbors are hostile.  China has developed infrastructures in close proximity in regions like Doklam and Nepal is more of a foe than a friend.  Doklam is critical as it brings China even closer to the Indian border in a vulnerable location towards the direction of the 27-km-long Siliguri Corridor that links the northeastern states to the rest of India.  A religious self-style Muslim scholar has very recently instigated religious sentiments with fellow fanatics and vouched to sabotage India’s access to North-East by mobilizing the majority Muslim population residing at the chicken neck area.  Mandarin is being taught at Nepal’s primary school along the border shared with India and the sentiments are highly anti-India.  Nepal claims hill areas up until Sikkim as their own.  The distance between Kolkatta from Cooch Behar is more than 700 km.  This is less than or equivalent to the distance between say Kolkatta and Dhaka, Bangladesh (690 km); Kolkatta and Janakpur, Nepal (680 km); Kolkatta and Benaras, UP (670 km); and, Kolkatta and Tibet (736 km).  Large states with clumsy geographical terrains are inconvenient to manage.  North Bengal and Darjeeling have high growth potential but are subjected to continuous neglect as a state policy.  Large-scale illegal infiltration has changed the demography of the region and the state is a mute spectator because of its minority appeasement policy.  North Bengal and Darjeeling therefore gloriously qualify to have a separate statehood for themselves.

 

What about political losses to political parties?

India needs to be a union of states with strong states with a much stronger Union.  It is a dangerous idea to give superintendence to narrow political interests over national security.  Nation first.  India needs a strong union and the regional narrow political interests have to give way to the larger national interests.  Every decision taken has repercussions and a decision like the reorganization of states is bound to have severe repercussions both political and psychological.  It may be beneficial for some socio-political entities and disfavor others.  All said and done, past reminiscences of the separation of states would show that those who favored separate states ultimately gained and became the rulers of such new states and those who opposed had to pay the price in terms of votes, popularity, and seats.  The newly created states focused well and performed extremely well in terms of poverty elimination, infrastructure development, and rising the living indices of its people.  Political losses, if any, are all collateral damages for a noble cause.

 

Who will do it?

The authors of the Indian constitution, unlike the current generation of Indians, did not believe that the states, districts, and mandals within India are static, unchanging, and permanent.  They had the maturity to accept that states would evolve and change, and hence made provisions for the creation of new states in the Indian Union.  Article 3 of the Indian Constitution addresses the topic of ‘Formation of new States and alteration of areas, boundaries or names of existing States’.  The Proviso thereto says that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries, or name of any of the States, the Bill has to be referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within a such further period as the President may allow and the period so specified or allowed has expired.  In Article 3, in clauses (a) to (e), the State includes a Union territory, but in the proviso, the State does not include a Union territory for obvious reasons as the Union Territory might not even have a legislature of its own.  The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory. 

The intention seems to be to give an opportunity to the State legislature to express its view within the time allowed.  If the State Legislature fails to avail itself of the opportunity, such failure would not invalidate the introduction of the Bill.  There is nothing in the proviso to indicate that Parliament must accept or act upon the view of the State Legislature.  Indeed, two State Legislatures may express totally divergent views.  All that is contemplated is that the Parliament should have before it the views of the State legislature to the proposals contained in the Bill and then be free to deal with the bill in any manner it thinks fit and following the usual practice and procedure prescribed by and under the rules of business.  What is to be referred to the State Legislature is the proposal contained in the Bill.  It is not necessary that every time an amendment of the proposal contained in the bill is moved and accepted, a fresh reference should be made to the State Legislature.  Parliament has been vested with the exclusive power of admitting or establishing new states, increasing or diminishing the area of an existing State, or altering its boundaries, the legislature or legislatures of the States concerned having only the right to an expression of views on the proposals.  For making such territorial adjustments it is not necessary even to invoke the provisions governing constitutional amendments.

 

Supreme Court’s verdict on the issue of new states

Back in 1960, a Bill was introduced in the Indian Parliament proposing the formation of Maharashtra and Gujarat. This Bill was referred by the President to the State Assembly to obtain their views. Upon receiving the views, the Bill was passed in Parliament.  A petition was filed against this by Babulal Parante in the High Court of Bombay:  His contention was that the said Act was passed in contravention of the provisions of Art. 3 of the Constitution, since the Legislature of Bombay, had not been given an opportunity of expressing its views on the formation of the composite State. The High Court dismissed the petition. In this case, Babu lal Parante v. State of Bombay, the Court explained the provisions of Article 3 of the Indian Constitution. The period within which the State Legislature must express its views has to be specified by the President, but the President may extend the period so specified. If, however, the period specified or extended expires and no views of the State Legislature are received, the second condition laid down in the proviso is fulfilled in spite of the fact that the views of the State Legislature have not been expressed. The intention seems to be to give an opportunity to the State Legislature to express its views within the time allowed; if the State Legislature fails to avail itself of that opportunity, such failure does not invalidate the introduction of the Bill. Nor is there anything in the proviso to indicate that Parliament must accept or act upon the views of the State Legislature. Clearly, Indian Constitution envisioned a situation where a state may refuse to provide its view or provide negative views about a formation of a new state, and therefore gave full powers to Indian Parliament to go ahead with its decisions irrespective of opposition from the State Assembly.

 

Why Now?

India has become much more inspirational, and so are the people of North Bengal.  Quality education, Infrastructure, and Industry are not luxuries but the tripod of necessity on which the existing state government has miserably failed.  The people of North Bengal are desperate to touch base with the developed states and not become migrant workers whose families are living on freebies.  Every section including the tribals and tea garden workers who have made sporadic visits to other states are becoming more aspirational.  The quality of governance in the present form is that of a rogue state and on the verge of bankruptcy.  Regional aspirations and interests are motivated by the urge to cope up with the rest of the country.  The present state government has a track record of being hostile to the corporate sectors.  Businesses have tested the waters, burned their fingers, licked their wounds, and ran away from the region because of highly organized corrupt sentiments and demands from top to bottom.  North Bengal is desperately looking forward to opening itself to trade, industry, and quality education and not being part of a banana republic anymore.  The question is not why but how soon.

Monday, December 7, 2020

FARM BILL 2020 - UNDERSTANDING THE NEED

 

WHAT IS THE FARM BILL FUSS ALL ABOUT?

On 27th September, 2020 His Excellency the Hon’ble President of India gave his assent to the three ‘Agriculture Bills’ that were earlier passed by the Indian Parliament: 1> Farmers’ Produce Trade and Commerce (Promotion and Facilitation Act), 2> Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, and 3) Essential Commodities Amendment Act, 2020.  In short, FPTCPFA provides for intra and inter-state trade of farm produce beyond APMC; FEPAPA is about Contract Farming; and, the amendments to the ECA is for delisting some food items, during exigencies.  During the Corona pandemic period, the Govt of India came up with an Ordinance to make necessary amendments to the Essential commodities Act.  The name of the Ordinance ”The Famers Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020”.  Two other legislation one by the name “the Farmers (Empowerment and Protection Agreement on Price Assurance and Farm Services Ordinance, 2020” and another by the name the Essential Commodities (Amendment) Ordinance, 2020 was passed during the monsoon session of the Parliament.  Collectively the three of these called the Farm Bill 2020.

WHY WAS IT NECESSARY TO BRING AN AMENDMENT TO ESSENTIAL COMMODITIES ACT AND THAT TOO BY WAY OF AN ORDINANCE?

Ordinances are bad.  Ordinance is detrimental to the legislative framework as it by passes the legislature.  A bill in order to become a law is introduces in the parliament (read Lok Sabha and the Rajya Sabha) and then it is scrutinised and discussed in the house.  Questions are answered and concerns are addressed.  Ordinances by-passes all these.  The Supreme Court in its various judgments has condemned and discouraged the practice of coming up with ordinances as it is more autocratic.

SO, WHY DID THE CENTRAL GOVERNMENT HAS TO COME UP WITH AN ORDINANCE THAT TO AN IMPORTANT ONE RELATED TO AN ESSENTIAL COMMODITIES ACT?

The answer is, because it was important.  At the time of passing of the ordinance the entire country was under self imposed lockdown.  The corona pandemic brought unprecedented challenges and it could not be expected that the people’s representatives could be complacent and attend a parliament session during such tough and challenging times.  Therefore, it was absolutely necessary to bring an ordinance.  The Ordinance was subsequently notified as Law.

WHY AN AMENDMENT TO THE ESSENTIAL COMMODITIES ACT WAS REQUIRES?

The Essential Commodities Act is a colonial price of legislation which restricts the hoarding of goods for proper public distribution.  It is of no surprise that Cement used to be once under the purview of the Essential Commodities Act.  Contemporaneously, is it only stapled food, pulses, and cereals that still fall within the schedule of the Essential Commodities Act.  Everything else which once was the part of the list has gradually been de-listed.  During the lockdown period, the Government observed that there is scarcity of necessary goods in different pockets of the country because of the restrictions imposed by the Essential Commodities Act.  Bringing the transit network to a halt during lockdown, further added to the woos.  It was then realized that even readily available commodities were still languishing in the schedule of The Essential Commodities Act and therefore, its adequate supply and storage was not feasible uniformly across the Country.  It was in such scenario the Central Govt. was prudent enough to bring a determinant change to the colonial legislation and bring negative restrictions regarding the applicability of the Act.  Simply put, the Act was amended to an extent that allowed the storage of commodities except in the case of war, disaster and pandemic.  This is a welcome decision, not only momentarily but also as a long term impact.  It is a well known fact that unrestricted movements have always bettered the condition rather than control.

 

WHAT WAS THE NECESSITY TO INTRODUCE CONTRACT FARMING?

If Contract Farming is a problem, then how have farmers from Punjab and Haryana earning so much where contract farming is prevalent from the late 80s.

There is no law in India that prohibited contract farming before the impugned Act.  Contract farming was always there and was mostly unabated and unrestricted.  This Act simply puts a framework behind an already existing practise.  What the farmers were otherwise doing without any controlled mechanism is now part of the legislation for their betterment.  The Act by providing govt. Sanction to such contract has ensured no foul play against the destitute farmers.  Otherwise, the parties are free to enter into an agreement as there always were even before the impugned legislation came into effect.  It is beyond understanding how putting a regulatory framework upon all future contingent agreements in the nature of an improvement from the nonexistent regulatory regime may be subjected to condemnation.


WHAT IS MSP, APMC AND BAZAR SAMITY AND WHAT ARE THE FARMERS APPREHENSIVE ABOUT?

MSP is a Minimum per quintal Support Price that the Government guarantees to buy the agriculture produce at, twice a year during the Rabi and the Kharif season.  The new Act does not take away the MSP or the minimum guarantee.  It simply adds an additional option to produce to sell the agriculture produce outside the APMC and Bazaar Samity.  APMC and Bazar Samity are the purchase point where the agriculture produce is purchased from the farmers.  Only the 17% of the farmers go to APMC and Bazar Samity to sell their produce on MSP.  83% of the farmers any which way never go to the APMC and Bazar Samity and sell their produce directly in the market.  Therefore, a legislation that legitimises an existing practice already inherent in 83% of the farmers, by selling their produce outside APMC at a rate of their choice cannot be bad at law.  The Govt. has already reassured and reiterated that the MSP system is going to stay and any such apprehension is purely speculative.  Therefore, there is no fault in these legislation and the farmers should not be denied of an additional opportunities of sale.  It’s like you can sell from the local store and online, where it makes more monies.

But politics is all about issues and no political party can afford to be issueless.  Whose side the voters in general and the farmers in particular vote for is an outcome of the result in the assembly election.  But none of the political parties, at this point can lower their gun on hot political issue that directly touches the farmers.  Although, agriculture contributes 16% to the GDP, 63% of our population is directly impacted by any legislation around agriculture and agriculturist.  This is a big fat vote bank and political parties can hardly afford to let it go.

The opposition parties are not ever remotely bothered or connected with the destitute farmers.  Since independence, the income of the farmers has multiplied at around 16 times.  Whereas, just as a comparison, the salary of central govt. employees has multiplied by around 23 times.  The Modi Govt. is committed towards doubling the income of the farmers by 2022 and the farm bill 2020 is the most vital link to it.  It is an irony that those who couldn’t do anything remarkable for the agriculturists are cring foul when the MIDDLEMENS are turning irrelevant.


THEN WHY FARMERS FROM PUNJAB ARE PROTESTING?

Soybean farmers in Maharashtra have benefited to get more out of APMC deals. In the last three months, MahaFPC, the umbrella body of farmer producing companies (FPC) in Maharashtra, estimates that since the laws were enacted in September, FPCs in four districts have made worth Rs 10 crore from trade outside mandis.

Farmers shouldn’t be on roads and away from home when it’s chilling.  It is a fact and a matter of concern that Farmers from Punjab are protesting.  Framers from other states like UP and MP (Rank 1 and 2 in farm produce and way ahead of Punjab) are not protesting.  Farmers in Maharashtra and Tamil Nadu have welcomed the Farm Bill.  So, why are the farmers of Punjab who cough out a 2.5% commission for every transaction or 3,330 Crores per year just for Wheat and Paddy every year to Arthiya (also known as Ardhali = Middlemen) are protesting?

Some answers are better not spoken but needs to be figured out.

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