IN THE HIGH COURT OF JUDICATURE AT MUMBAI,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION (P.I.L.) NO. __________________ OF 2006
PETITIONERS : 1) Shri Kishore Tiwari,
President, Vidarbha Jan Andolan Samiti,
At Post : Pandharkawada – 445 302
Distt : Yavatmal,
2) Shri Tukaram Raoji Meshram,
Elected Member to Zilla Parishad-Yavatmal,
At Village : Ghod-dara, Post : Umari (Road),
Taluka : Pandharkawada, Distt : Yavatmal.
-VERSUS-
RESPONDENTS : 1) The Chief Secretary,
State of Maharashtra,
Mantralaya, Mumbai – 400 032.
2) The Principal Secretary to Government of Maharashtra
Deptt. Of Agriculture,
Mantralaya, Mumbai – 400 032.
3) The Secretary to Government of Maharashtra,
Deptt. Of Marketing,
Mantralaya, Mumbai – 400 032.
4) The Principal Secretary to Government of Maharashtra
Deptt. Of Finance,
Mantralaya, Mumbai – 400 032.
5) The Secretary to Government of Maharashtra,
Deptt. Of Co-operation,
Mantralaya, Mumbai – 400 032.
6) The Principal Secretary to Government of Maharashtra
Deptt. Of Home Affairs,
Mantralaya, Mumbai – 400 032.
7) The Commissioner of Agriculture
Government of Maharashtra,
Agricultural Commissionerate at Pune,
8) The Director General of Police,
Government of Maharashtra,
State Police Headquarters,
Old Vidhan Bhavan, Mumbai – 400 023.
9) The Divisional Commissioner,
Amravati Division Revenue Commissionerate,
Camp – Amravati.
10) The Divisional Commissioner,
Nagpur Divisional Revenue Commissionerate,
Nagpur Division, Nagpur.
11) The District Collector,
Yavatmal District, Yavatmal.
12) The District Collector,
Amravati District, Amravati.
13) The District Superintendent of Police,
Yavatmal District,
Yavatmal.
14) The District Collector,
Washim District, Washim
15) The District Superintendent of Police,
Washim District,
Washim
16) The District Collector,
Akola, District, Akola.
17) The District Superintendent of Police,
Akola, District,
Akola.
18) The District Superintendent of Police,
Amravati Rural District,
Amravati
19) The Chairman, National Commission for
Farmers, Government of India, Ministry of Agriculture,
Krishi Bhavan, New Delhi.
20) The Chairman, Genetic Engineering
Approval Committee
Government of India, New Delhi.
IN THE MATTER OF –
ONGOING SERIES OF FARMERS SUICIDES DUE TO WRONGFUL ACT AND NEGLIGENCE ON THE PART OF THE RESPONDENTS CAUSING DISGRACEFUL & MISERABLE RIGHT TO LIFE OF THE FARMERS.
AND
IN THE MATTER OF -
COMPLAINT OF VIOLATION AND INFRINGEMENT OF FUNDAMENTAL RIGHTS GUARANTEED UNDER THE ARTICLE 21 OF THE CONSTITUTION OF INDIA – RIGHT TO LIFE & LIBERTY AS RIGHT TO LIVE GRACEFUL LIFE AS UPHELD BY THE HON’BLE SUPREME COURT OF INDIA – OF THE POOR COTTON CULTIVATING FARMERS OF VIDARBHA REGION
WRIT PETITION UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA.
MOST RESPECTFULLY SHOWETH :
The petitioners above named most respectfully beg to submit as under:-
1. That, the Petitioner No. 1 is the citizen of India and residing at the above mentioned address. He is the Engineering Graduate having Post Graduate qualification in Law, Administration & Management and he belongs to the family of Human Rights Activist and so far he has raised many issues pertaining to violation of fundamental rights and has succeeded in bringing relief to the poor victims. He is the President of Vidarbha Jan Andolan Samiti, a committee fighting for the justice to poor citizens, Tribals and Dalits. The samiti has successfully persuaded the cause of Malnutrition and the serious issue of Starvation deaths which rocked the Yavatmal District in the year 2003. The petitioner No. 2 is the Elected Member of Zilla Parishad, Yavatmal and is the Farmer by profession belonging to Scheduled Tribes community. He is Social Worker and awarded by His Highness Hon’ble Governor of State of Maharashtra with the “Adiwasi Sevak Puraskar” for the year 1995-96. He is Human Right Activist and was co-petitioner with the petitioner No. 1 in various petitions filed for the protection of human rights.
2. That, the respondent No. 1 to 20 are the Public Servants and are responsible for the protection of fundamental rights of the citizens and also responsible for enforcement of various welfare measures to the benefit of citizens including the farmers. They are also responsible and duty bound to implement and enforce the Statutes, Rules, Regulations, Government Resolutions, Government Policies and Notifications issued from time to time in its true spirit and meaning in the interest of citizens at large to uphold the concept of Rule of Law and Welfare State.
3. That, with this petition, the petitioners are bringing to notice of this Hon’ble Court, a most serious issue of series of suicide deaths committed by the cotton cultivating poor farmers in the Yavatmal, Amravati. Akola, Washim and other districts of Vidarbha Region due to the negligent acts on the part of the respondents which resulted in gross violation and infringement of fundamental right of the farmers as guaranteed under Article 21 of the Constitution of India – Right to Life – Right to Live Graceful, Respectful & Dignified Life upheld by the Hon’ble Supreme Court of India while protecting the fundamental rights of the citizens of our country in many cases of human and social importance. Due to the continued negligence and wrongful acts of the respondents above named, such miserable, grave and pitiable situation has arose in which the farmers of this region are forced to commit suicide as they have lost the rays of hope of the Right to Live Graceful, Respectful and Dignified Life. The wrongful and negligent acts on the part of the respondents to implement and enforce the provisions of the Laws, Statutes, Rules, Regulations, Government Resolutions, Notifications and Government Policies issued from time to time for the welfare of the farmers and poor citizens, the farmers are on the verge of bankruptcy and such situation constrained them to think that they have no alternative other than to commit suicides leaving their innocent and poor families behind. The petitioners feel that such incidents are the blots for the country and the civilized society.
4. That, earlier the petitioners had approached the Hon’ble Maharashtra State Human Rights Commission (‘MSHRC’ for short) at Mumbai, with the petition / complaint under the provisions of Protection of Human Rights Act, 1993 when the farmers suicides death toll was merely 143. Copy of the said complaint filed with MSHRC is annexed herewith and marked as ANNEXURE – I. The MSHRC has called for the report from the respondents therein and the proceeding is still continued without any immediate relief in the matter. The respondents are taking adjournments for one and the other pretext and no relief is in sight in early days as the MSHRC is dealing the case restricted to the provisions of Protection of Human Rights Act, 1993 and has its own limitation and cannot enforce its directions and/or orders due to lack of provisions in the Act. But after filing of the said complaint before MSHRC, the respondents have not taken any concrete steps and untimely deaths of farmers due to suicides are till going on and the toll of such miserable and shocking incidents of suicide deaths has now reached to the around of 270 from the period of 01-06-2005 to as on the date of filing of the present petition and if the cumulative figure since 2002 is taken into the consideration, then the deaths of farmers due to suicides have reached 1320 till date and is continued till date due to the failure on the part of the respondents to discharge the responsibilities entrusted upon them by the State. These suicides are the results of disgraceful and miserable State in which the poor farmers residing in the districts of Vidarbha are leaving. So far this season since June, 2005, 270 farmers have forced to commit suicide due to disgraceful and pitiable miserable life in which the poor farmers are living and nobody from the respondents have come forward to the rescue of the farmers with the schemes of the State for their protection of the fundamental rights as guaranteed under Article 21 of the Constitution of India.
5. That, the details of the complaint are as follows :-
i) The farmers in the districts of Western Vidarbha Region comprising of mainly Yavatmal, Amravati, Akola, Washim and Buldhana Districts are cultivating the cotton as they have no cash crop other than it. There are more than 50 Lacs farmers who are involved in the cultivation of cotton, the only means of earning the cash through the said crop.
ii) In this season of 2005, Government of Maharashtra through the respondents time and again promoted the cultivation of costly BT Cotton Seeds which were very costly compared to other hybrid and general seeds of cotton. The respondents have pleaded that the BT Cotton Seeds have great resistivity and productivity will be increased. So farmers in the region on the advice of officials of the respondents cultivated BT Cotton at large which increased their cost of production by multifold, as compared to the earlier years cost of production.
iii) But to the disappointment of the farmers, the said BT Cotton failed to give results as assured. Inspite of heavy investment this year, the crop failed. The expenses increased due to use of insecticides to save crop from pest attack even though it was assured that the BT Cotton will not have pest attack. Due to the failure on account of the advice rendered by the respondents, the cotton cultivating farmers have suffered greatly and this has brought frustration and all hopes of living graceful life have been lost.
iv) In fact the utility and effective productivity of the so called original BT Cotton Seed is under serious doubt, but due to mass publicity given by the respondents, the poor farmers fail in the crop of the BT Racket. Taking advantage of BT Cotton publicity sponsored by the respondents at the behest of political godfathers coupled with nexus and vested interest allowed many seed manufacturers and the traders to float bogus and duplicate BT Cotton Seeds in the Vidarbha Region. Such seed manufacturers and the traders have sold duplicate BT Cotton Seeds worth Crores of rupees during the season 2005. As no law pertaining to seed quality control and regulation was enforced and implemented by the respondents, the sale of duplicate and bogus BT Cotton Seeds to the poor and illiterate farmers has again aggravated the situation. The farmers were openly looted by the Seed Traders, but respondents had miserably failed to enforce and implement the provisions of the various statutes which empowered them to protect the interest of the farmers. The net result of such negligent and irresponsible conduct, may be due to vested interest, on the part of the respondents is that the farmers were cheated and looted openly and has lost crores of rupees. Similarly, on the other hand the bogus BT Cotton Seeds had taken away their crops causing huge pecuniary loss to the farmers which they could not sustain. This has shocked the farmers community at large and the poorest of the poor farmers who are debt ridden and no crop in hand have lost rays of hope to live the graceful and dignified life as guaranteed under Article 21 of the Constitution of India. Due to infringement of the fundamental Right to Life - Right to Live graceful, respectful and dignified life of the poor farmers, they are forced to commit suicides turn by turn and so far such pitiable and shocking death toll due to sad suicides has reached to 270 from 01-06-2005 till date. This is continued daily without any ray of hope to stop, because the respondents have become the mute spectator of such grave and shocking situation and are directly and indirectly responsible for causing the violation and infringement of Fundamental Rights of Right to Live of the poor farmers. Even after the repeated efforts of the petitioners, the respondents are not taking any concrete steps in such a grave matter of shame to the civilized society in which the farmers are forced to commit suicides, because of the negligent and wrongful acts of the respondents.
v) Since 1st June, 2005 i.e. from the 1st day of current harvesting season, as many as 270 farmers were forced to commit suicide and these sad deaths have occurred due to the violation & infringement of fundamental Right to Life. The respondents are directly and indirectly responsible for the suicides, because they failed to perform their duties to enforce various provisions of laws, statutes, rules, regulations, notifications, government schemes, government resolutions and policies meant for the welfare of the poor farmers and have thus failed to uphold the Rule of Law.
vi) The Print Media, Electronic Media, TV Channels, Radio Channels & other media of information communication has covered these sad series of incidents of shocking suicide deaths committed by the poor farmers. The relevant news items covered by the various media are collectively enclosed herewith as ANNEXURE – II COLLY.
vii) The Committee under the Chairmanship of Respondent No. 19 i.e. Swaminathan Committee appointed by the respondents have also visited the houses of farmers who committed suicide in the region and as reported in the Print Media, the said high power committee has also confirmed that the reasons behind the farmers suicide are –
a) Non-availability of easy loans for farm sector,
b) Exploitation by money lenders,
c) High cost of seeds and production especially the BT Cotton Seeds,
d) Lack of irrigation facilities,
e) Lack of training to farmers,
viii) These observations and the recommendations of the Swaminathan Committee are relevant and very crucial while examining the issue farmers’ suicide. All the above points are concerned with the functioning of respondents and only because of the failure on the part of the respondents, the fundamental rights of the farmers have been violated and infringed, as the Right to Life guaranteed under Article 21 of the Constitution of India with regard to Right to Live Graceful, Respectful and Dignified Life has been taken away.
ix) The exploitation of the farmers was at the hands of illegal money lenders and sahukars in the villages and tahsil headquarters, but the respondents have failed to take action against such law breakers resulting in exploitation of the poor farmers and in turn has caused the suicides of the farmers due to exploitation at the hands of illegal sahukars / money lenders.
6. That, the petitioners have time and again through various letters / communications have approached the respondents in the matter, but nothing has resulted and the sad situation of farmers suicide is continued even after bringing it to the notice of the respondents who failed to act in the matter to protect the life of the farmers. Aggrieved by this continued uncontrolled situation, the petitioners have approached this Hon’ble Court for further suitable directions, orders, commands, writs including the ad-interim orders as prayed herein below. It is regretted to inform that to save the face the respondents have belatedly acted and started taking action against the money lenders and / or the sahukars who exploited the farmers since years together. But the action is seems to be an eyewash because it is taken against very few money lenders and sahukars just to show that respondents are taking action against the exploiter of the farmers. If such timely action was taken by the respondents well within time, it would have saved the farmers from exploitation and in turn prevented from committing suicide due to exploitation by the sahukars and money lenders.
7. That, upon the complaints and the persuasion of the petitioners pertaining to untimely deaths of poor farmers due to sad incidents of suicides, it is learnt that Government has come out with the G.R. through which one agency named “Late Vasantrao Naik Krushi Anusandhan Mission” has formed under the Director Generalship of the Divisional Commissioner of Amravati Division i.e. Respondent No. 12 herein but the G.R. has not been effectively addressed the issues and redressal provided as a relief has not stopped the suicides of farmers, as more than 100 farmers have committed suicides after declaration of Maharashtra Government Relief Package. The Director General of the said Authority has issued Letter of Acknowledgement addressed to the petitioner No. 1, copy of which is annexed herewith and marked as ANNEXURE – III.
8. That, the policy of awarding compensation to the victim families of sad deaths of poor farmers is not being implemented properly. The respondents are adopting the choose & pick policy to please the ruling party leaders. The compensation is being awarded to selected cases and disparity is being caused. The respondents are trying to mislead the Government by furnishing wrong and untrue information pertaining to the cases of suicide deaths of the farmers and trying to shield the misdeeds committed by them. In this way, the respondents are also causing violation of Article 14 of the Constitution of India while awarding the compensation to the select few by choose & pick policy even though all suicides deaths of the farmers are to be treated at par with the cases selected for the award of compensation by the respondents. As such the petitioners fairly expect the principle of equity, fair play and natural justice be followed by the State while awarding compensation to the victim families.
9. That, the Division Bench of this Hon’ble Court at Mumbai while dealing with the suicide death cases pertaining to the year 2004 has already issued interim directions to the respondents therein not to discriminate while awarding compensation, but it seems that the respondents are not bothered about the directions of this Hon’ble Court, because the disparity and discrimination is also being caused for selection and award of compensation for this year 2005 cases.
10. That, the respondents have not taken any cognizance of the report submitted by the Swaminathan Committee of the respondent No. 19 and it is required that the report of the said committee be published and implemented in the interest of farmers, as it is most relevant and significant in the facts and circumstances of the case. The e-mail acknowledgement copies received from the respondent No. 19 are annexed herewith and marked as ANNEXURE – IV.
11. That, the manufacturers and traders in nexus with the respondent authorities involved in the bogus and duplicate BT Cotton Seeds production and marketing are being protected by the respondents though off let the respondents have seized bogus BT Cotton Seeds worth Rs. 200 Lacs after the complaints from the farmers, but the accused have not been booked and prosecuted so far, because of their nexus with the respondents. Hence, it is required to initiate CBI Inquiry of the bogus and duplicate BT Cotton Seeds scandal in which the poor farmers were looted by crores of rupees and has suffered heavily as their crops have been totally ruined. It all happened due to failure on the part of the respondents and due to the negligent acts of the respondents, hence further orders of the arrest and prosecution of the accused involved in this racket are need to be issued.
12. That, the utility, effectivity, productivity of the so called “Pest Attack Proof / Boll Guard Proof” BT Cotton Seed is under serious scanner of various State Governments as the toll claim made by the multinational company and its subsidiary Indian companies owned and sponsored by the politicians have proved to be wrong and false. In fact the State of Andhra Pradesh has banned the manufacturing, processing, distribution, sale, marketing of such so called BT Cotton Seeds with immediate effect, as it has proved main reason behind Andhra Cotton Growers’ suicides. In fact the State of Andhra Pradesh has resolved to file suit on behalf of Cotton Cultivating farmers who suffered due to BT Cotton Seeds before the Hon’ble MRTPC at New Delhi for recovery of costs, damages and compensations to the tune of Rs. 1700 Crores. In the backdrop of above development, the respondents need to be ordered by this Hon’ble Court to take similar steps as has been initiated by State of Andhra Pradesh for protection of rights of the farmers. The news clipping of State of Andhra Pradesh in this regard is annexed herewith and marked as ANNEXURE – V.
13. That, now Government is accepting that the farmers are being exploited by the private money lenders and village sahukars, but no concrete steps have been taken so far to protect the poor farmers. The role of banking finance to farm sector is very negligible and various policies so far announced by the State has not been implemented by the authorities in its true spirit and meaning. Hence it is required to ban the illegal money lending activities of the sahukars and /or the private money lenders and further order need to be issued to the State Government to arrange financial assistance to all farmers from commercial, nationalized, co-operative and urban banks to save farmers from the suicides,
14. That, the government has not taken any concrete steps to impart modern training to the farmers in the villages. The present policies of training and visit by the Agriculture Officer is merely on paper. The farmers have not been benefited out of this. Hence it is required to start training programmes for the education and quality improvement of the farmers to induce faith & confidence to control suicides.
15. That, the respondents have also miserably failed to frame the policy of financing to the farmers. The age old, failed policies are still going on. But respondents officials have not acted to review such policies of long term and short term loan to the farmers. The interest rate is also very high. Commercial Banks are also exploiting the farmers. Only 5% farmers are being given loans by the Commercial, Nationalised, Co-operative Banks and remaining 95% farmers are left at the mercy of village sahukars & money lenders who exploits the farmers from all the ways. There are the incidents where such illegal money lenders or sahukars have virtually looted not only farms but families of the poor farmers also. This has happened due to negligence and failure on the part of the respondents to implement the provisions of the law and to review and/or frame and implement new policies and thus has resulted in the exploitation of the farmers at the hands of money lenders and sahukars.
16. That, thus the respondents are jointly & severally responsible for the suicides of the farmers, as they have not acted in time to enforce the provisions of the Laws, Statutes, Rules, Regulations, G.Rs., Notifications, Policies of the Government issued from time to time and to review and frame new policies in the interest of farmers community at large. Thus resulted in violation of fundamental rights of the farmers to live graceful life as guaranteed under Article 21 of the Constitution of India.
17. That, the incident of violation of fundamental rights is ongoing since last 1st June, 2005 and is continued till date. The petition is not time barred and has no delay latches, as the incidents of farmers’ suicide deaths caused due to the violation & infringement of the fundamental rights are till continued on day-to-day basis in the various places under the territorial jurisdiction of this Hon’ble Court. All such untimely suicide death cases are relevant for the adjudication and appraisal of this petition. Hence the petitioners have approached this Hon’ble Court for the reliefs prayed herein under in the Public Interest at Large.
18. That, as stated in foregoing paragraphs, the petitioners have earlier approached the Hon’ble MSHRC by way of the complaint which is annexed as ANNEXURE – I with this petition, when the death toll due to suicides was just 143. The said complaint was for the limited reliefs under provisions of Protection of Human Rights Act, 1993 under which the Hon’ble MSHRC has limited powers and scope only to give directions of recommendary nature and no specific relief as prayed in the complaint is enforceable by the Hon’ble MSHRC. Moreover, as revealed from the proceeding sheets of the said matter, the case is at only report level, whereas the present petition has been preferred for the reliefs prayed herein below for exercising the extra ordinary jurisdiction of this Hon’ble Court under Article 226 of the Constitution of India in which there is no bar for entertaining the petition pertaining to the case of gross continued violation and infringement of fundamental rights of the farmers which are committing suicides and such unfortunate death toll has reached to the alarming level of 270 and is increasing day-by-day due to the gross negligence on the part of the respondents. The petitioners, if required, are ready to withdraw the said complaint at MSHRC, if it is prohibiting them from filing the present petition.
19. That, the petitioners crave leave of this Hon’ble Court to file additional documents in support of the contentions of the petition and also crave leave to add, alter, amend and/or modify the petition if required at later stage.
20. That, the petitioners undertake to file the true English Translations of the photocopies of the documents in Marathi / Hindi as and when required.
21. That, since the matter is of extreme urgency, the petitioners pray for urgent interim reliefs / orders in the facts and circumstances of the case and craves leave of this Hon’ble Court to undertake to remove the office objections, if any.
22. That, the petitioners have not filed any Writ Petition in the subject matter before of this Hon’ble Court or the Hon’ble Supreme Court of India any time before.
23. That, in the circumstances, the petitioners prayed accordingly as under :-
P R A Y E R
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to –
i) Issue writ, orders, directions to the State of Maharashtra to order an inquiry in the matter of violation and infringement of fundamental rights of farmers as to Right to Live Graceful Life,
ii) Issue writ, orders, directions to award and grant compensation of Rs. 5,00,000/- each, without any disparity and choose & pick policy, to surviving family members of the farmers who were compelled to commit suicide by the negligent and wrongful acts of the respondents public servants,
iii) Issue writ, orders, directions to grant ad-interim relief by awarding interim compensation of Rs. 2,00,000/- each to surviving family members of the deceased farmers pending hearing and final disposal of the case,
iv) Issue writ, orders, directions to respondents to publish and implement the report of Swaminathan Committee of the respondent No. 19,
v) Issue writ, orders, directions to initiate CBI Inquiry of the bogus and duplicate BT Cotton Seeds sold to the poor farmers due to the negligent acts and involvement of the respondents and further order the prosecution of the accused involved in this racket,
vi) Issue writ, orders, directions to ban the illegal money lending activities of the sahukars and /or the private money lenders and further order the State Government to arrange financial assistance to all farmers from commercial, nationalized, co-operative and urban banks to bring all farmers under its umbrella and to save farmers from the bankruptcy and suicides,
vii) Issue writ, orders, directions to the Government to start prosecution against the BT Cotton Seeds multinational companies and its subsidiary Indian companies for cheating and causing huge loss to the Cotton Cultivating farmers and further order to file suit with MRTPC in line with the suit filed by State of Andhra Pradesh against BT Cotton Seeds multinational company for recovery of costs, damages and compensation caused to the farmers in the Vidarbha Region,
viii) Issue writ, orders, directions to government to start training programmes for the education and quality improvement of the farmers to induce faith & confidence to control suicides,
ix) Issue writ, orders, directions to the State of Maharashtra to order the prosecution of the respondents public servants for their negligent and wrongful act of violation of fundamental rights of the farmers who were constrained to commit suicides due to such wrongful acts of the respondent officials,
x) Issue writ, orders, directions to the respondents to frame long term policies and its timely implementation and review in the interest of farmers so that they can live graceful, respectful and dignified life as guaranteed under Article 21 of the Constitution of India.
xi) grant any other relief that may deem fit in the facts and circumstances of the present case.
1) Kishore Tiwari
Nagpur,
Dated : 30 / 01 / 2006
2) Tukaram Raoji Meshram,
PETITIONERS
FIRDOS MIRZA, VINOD TIWARI
COUNSEL FOR PETITIONERS
AFFIRMATION & VERIFICATION
I, KISHORE S/o. JAMUNASHANKAR TIWARI, aged about 46 years, Occupation : Business, (President, Vidarbha Jan Andolan Samiti), R/o. Pandharkawada, Distt : Yavatmal, do hereby take oath and further declare on solemn affirmation that –
1) I am the petitioner No. 1 in the present case and well conversant with the facts and circumstances of the case narrated above,
2) I believe that the contents of the complaint are true and correct to the best of my knowledge and belief. The photocopies of the documents are attached herewith are the true and correct versions of the originals.
Hence affirmed, verified and signed on this 30th day of January, 2006 at Nagpur, as the contents in the above paras 1 to 23 are found to be true and correct.
DEPONENT
I know & identify the Deponent
VINOD TIWARI
ADVOCATE
Counsel for the petitioners
IN THE HIGH COURT OF JUDICATURE AT MUMBAI,
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION (P.I.L.) NO. __________________ OF 2006
PETITIONERS : 1) Shri Kishore Tiwari,
President, Vidarbha Jan Andolan Samiti,
At Post : Pandharkawada – 445 302
Distt : Yavatmal,
2) Shri Tukaram Raoji Meshram,
Elected Member to Zilla Parishad-Yavatmal,
At Village : Ghod-dara, Post : Umari (Road),
Taluka : Pandharkawada, Distt : Yavatmal.
-VERSUS-
RESPONDENTS : 1) The Chief Secretary,
State of Maharashtra,
Mantralaya, Mumbai – 400 032.
2) The Principal Secretary to Government of Maharashtra
Deptt. Of Agriculture,
Mantralaya, Mumbai – 400 032.
3) The Secretary to Government of Maharashtra,
Deptt. Of Marketing,
Mantralaya, Mumbai – 400 032.
4) The Principal Secretary to Government of Maharashtra
Deptt. Of Finance,
Mantralaya, Mumbai – 400 032.
5) The Secretary to Government of Maharashtra,
Deptt. Of Co-operation,
Mantralaya, Mumbai – 400 032.
6) The Principal Secretary to Government of Maharashtra
Deptt. Of Home Affairs,
Mantralaya, Mumbai – 400 032.
7) The Commissioner of Agriculture
Government of Maharashtra,
Agricultural Commissionerate at Pune,
8) The Director General of Police,
Government of Maharashtra,
State Police Headquarters,
Old Vidhan Bhavan, Mumbai – 400 023.
9) The Divisional Commissioner,
Amravati Division Revenue Commissionerate,
Camp – Amravati.
10) The Divisional Commissioner,
Nagpur Divisional Revenue Commissionerate,
Nagpur Division, Nagpur.
19) The Chairman, National Commission for
Farmers, Government of India, Ministry of Agriculture,
Krishi Bhavan, New Delhi.
IN THE MATTER OF –
ONGOING SERIES OF FARMERS SUICIDES DUE TO WRONGFUL ACT AND NEGLIGENCE ON THE PART OF THE RESPONDENTS CAUSING DISGRACEFUL & MISERABLE RIGHT TO LIFE OF THE FARMERS.
AND
IN THE MATTER OF -
COMPLAINT OF VIOLATION AND INFRINGEMENT OF FUNDAMENTAL RIGHTS GUARANTEED UNDER THE ARTICLE 21 OF THE CONSTITUTION OF INDIA – RIGHT TO LIFE & LIBERTY AS RIGHT TO LIVE GRACEFUL LIFE AS UPHELD BY THE HON’BLE SUPREME COURT OF INDIA – OF THE POOR COTTON CULTIVATING FARMERS OF VIDARBHA REGION
WRIT PETITION UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA.
MOST RESPECTFULLY SHOWETH :
The petitioners above named most respectfully beg to submit as under:-
24. That, the Petitioner No. 1 is the citizen of India and residing at the above mentioned address. He is the Engineering Graduate having Post Graduate qualification in Law, Administration & Management and he belongs to the family of Human Rights Activist and so far he has raised many issues pertaining to violation of fundamental rights and has succeeded in bringing relief to the poor victims. He is the President of Vidarbha Jan Andolan Samiti, a committee fighting for the justice to poor citizens, Tribals and Dalits. The samiti has successfully persuaded the cause of Malnutrition and the serious issue of Starvation deaths which rocked the Yavatmal District in the year 2003. The petitioner No. 2 is the Elected Member of Zilla Parishad, Yavatmal and is the Farmer by profession belonging to Scheduled Tribes community. He is Social Worker and awarded by His Highness Hon’ble Governor of State of Maharashtra with the “Adiwasi Sevak Puraskar” for the year 1995-96. He is Human Right Activist and was co-petitioner with the petitioner No. 1 in various petitions filed for the protection of human rights.
25. That, the respondent No. 1 to 20 are the Public Servants and are responsible for the protection of fundamental rights of the citizens and also responsible for enforcement of various welfare measures to the benefit of citizens including the farmers. They are also responsible and duty bound to implement and enforce the Statutes, Rules, Regulations, Government Resolutions, Government Policies and Notifications issued from time to time in its true spirit and meaning in the interest of citizens at large to uphold the concept of Rule of Law and Welfare State.
26. That, with this petition, the petitioners are bringing to notice of this Hon’ble Court, a most serious issue of series of suicide deaths committed by the cotton cultivating poor farmers in the Yavatmal, Amravati. Akola, Washim and other districts of Vidarbha Region due to the negligent acts on the part of the respondents which resulted in gross violation and infringement of fundamental right of the farmers as guaranteed under Article 21 of the Constitution of India – Right to Life – Right to Live Graceful, Respectful & Dignified Life upheld by the Hon’ble Supreme Court of India while protecting the fundamental rights of the citizens of our country in many cases of human and social importance. Due to the continued negligence and wrongful acts of the respondents above named, such miserable, grave and pitiable situation has arose in which the farmers of this region are forced to commit suicide as they have lost the rays of hope of the Right to Live Graceful, Respectful and Dignified Life. The wrongful and negligent acts on the part of the respondents to implement and enforce the provisions of the Laws, Statutes, Rules, Regulations, Government Resolutions, Notifications and Government Policies issued from time to time for the welfare of the farmers and poor citizens, the farmers are on the verge of bankruptcy and such situation constrained them to think that they have no alternative other than to commit suicides leaving their innocent and poor families behind. The petitioners feel that such incidents are the blots for the country and the civilized society.
27. That, earlier the petitioners had approached the Hon’ble Maharashtra State Human Rights Commission (‘MSHRC’ for short) at Mumbai, with the petition / complaint under the provisions of Protection of Human Rights Act, 1993 when the farmers suicides death toll was merely 143. Copy of the said complaint filed with MSHRC is annexed herewith and marked as ANNEXURE – I. The MSHRC has called for the report from the respondents therein and the proceeding is still continued without any immediate relief in the matter. The respondents are taking adjournments for one and the other pretext and no relief is in sight in early days as the MSHRC is dealing the case restricted to the provisions of Protection of Human Rights Act, 1993 and has its own limitation and cannot enforce its directions and/or orders due to lack of provisions in the Act. But after filing of the said complaint before MSHRC, the respondents have not taken any concrete steps and untimely deaths of farmers due to suicides are till going on and the toll of such miserable and shocking incidents of suicide deaths has now reached to the around of 270 from the period of 01-06-2005 to as on the date of filing of the present petition and if the cumulative figure since 2002 is taken into the consideration, then the deaths of farmers due to suicides have reached 1320 till date and is continued till date due to the failure on the part of the respondents to discharge the responsibilities entrusted upon them by the State. These suicides are the results of disgraceful and miserable State in which the poor farmers residing in the districts of Vidarbha are leaving. So far this season since June, 2005, 270 farmers have forced to commit suicide due to disgraceful and pitiable miserable life in which the poor farmers are living and nobody from the respondents have come forward to the rescue of the farmers with the schemes of the State for their protection of the fundamental rights as guaranteed under Article 21 of the Constitution of India.
28. That, the details of the complaint are as follows :-
i) The farmers in the districts of Western Vidarbha Region comprising of mainly Yavatmal, Amravati, Akola, Washim and Buldhana Districts are cultivating the cotton as they have no cash crop other than it. There are more than 50 Lacs farmers who are involved in the cultivation of cotton, the only means of earning the cash through the said crop.
ii) In this season of 2005, Government of Maharashtra through the respondents time and again promoted the cultivation of costly BT Cotton Seeds which were very costly compared to other hybrid and general seeds of cotton. The respondents have pleaded that the BT Cotton Seeds have great resistivity and productivity will be increased. So farmers in the region on the advice of officials of the respondents cultivated BT Cotton at large which increased their cost of production by multifold, as compared to the earlier years cost of production.
iii) But to the disappointment of the farmers, the said BT Cotton failed to give results as assured. Inspite of heavy investment this year, the crop failed. The expenses increased due to use of insecticides to save crop from pest attack even though it was assured that the BT Cotton will not have pest attack. Due to the failure on account of the advice rendered by the respondents, the cotton cultivating farmers have suffered greatly and this has brought frustration and all hopes of living graceful life have been lost.
iv) In fact the utility and effective productivity of the so called original BT Cotton Seed is under serious doubt, but due to mass publicity given by the respondents, the poor farmers fail in the crop of the BT Racket. Taking advantage of BT Cotton publicity sponsored by the respondents at the behest of political godfathers coupled with nexus and vested interest allowed many seed manufacturers and the traders to float bogus and duplicate BT Cotton Seeds in the Vidarbha Region. Such seed manufacturers and the traders have sold duplicate BT Cotton Seeds worth Crores of rupees during the season 2005. As no law pertaining to seed quality control and regulation was enforced and implemented by the respondents, the sale of duplicate and bogus BT Cotton Seeds to the poor and illiterate farmers has again aggravated the situation. The farmers were openly looted by the Seed Traders, but respondents had miserably failed to enforce and implement the provisions of the various statutes which empowered them to protect the interest of the farmers. The net result of such negligent and irresponsible conduct, may be due to vested interest, on the part of the respondents is that the farmers were cheated and looted openly and has lost crores of rupees. Similarly, on the other hand the bogus BT Cotton Seeds had taken away their crops causing huge pecuniary loss to the farmers which they could not sustain. This has shocked the farmers community at large and the poorest of the poor farmers who are debt ridden and no crop in hand have lost rays of hope to live the graceful and dignified life as guaranteed under Article 21 of the Constitution of India. Due to infringement of the fundamental Right to Life - Right to Live graceful, respectful and dignified life of the poor farmers, they are forced to commit suicides turn by turn and so far such pitiable and shocking death toll due to sad suicides has reached to 270 from 01-06-2005 till date. This is continued daily without any ray of hope to stop, because the respondents have become the mute spectator of such grave and shocking situation and are directly and indirectly responsible for causing the violation and infringement of Fundamental Rights of Right to Live of the poor farmers. Even after the repeated efforts of the petitioners, the respondents are not taking any concrete steps in such a grave matter of shame to the civilized society in which the farmers are forced to commit suicides, because of the negligent and wrongful acts of the respondents.
v) Since 1st June, 2005 i.e. from the 1st day of current harvesting season, as many as 270 farmers were forced to commit suicide and these sad deaths have occurred due to the violation & infringement of fundamental Right to Life. The respondents are directly and indirectly responsible for the suicides, because they failed to perform their duties to enforce various provisions of laws, statutes, rules, regulations, notifications, government schemes, government resolutions and policies meant for the welfare of the poor farmers and have thus failed to uphold the Rule of Law.
vi) The Print Media, Electronic Media, TV Channels, Radio Channels & other media of information communication has covered these sad series of incidents of shocking suicide deaths committed by the poor farmers. The relevant news items covered by the various media are collectively enclosed herewith as ANNEXURE – II COLLY.
vii) The Committee under the Chairmanship of Respondent No. 19 i.e. Swaminathan Committee appointed by the respondents have also visited the houses of farmers who committed suicide in the region and as reported in the Print Media, the said high power committee has also confirmed that the reasons behind the farmers suicide are –
a) Non-availability of easy loans for farm sector,
b) Exploitation by money lenders,
c) High cost of seeds and production especially the BT Cotton Seeds,
d) Lack of irrigation facilities,
e) Lack of training to farmers,
viii) These observations and the recommendations of the Swaminathan Committee are relevant and very crucial while examining the issue farmers’ suicide. All the above points are concerned with the functioning of respondents and only because of the failure on the part of the respondents, the fundamental rights of the farmers have been violated and infringed, as the Right to Life guaranteed under Article 21 of the Constitution of India with regard to Right to Live Graceful, Respectful and Dignified Life has been taken away.
ix) The exploitation of the farmers was at the hands of illegal money lenders and sahukars in the villages and tahsil headquarters, but the respondents have failed to take action against such law breakers resulting in exploitation of the poor farmers and in turn has caused the suicides of the farmers due to exploitation at the hands of illegal sahukars / money lenders.
29. That, the petitioners have time and again through various letters / communications have approached the respondents in the matter, but nothing has resulted and the sad situation of farmers suicide is continued even after bringing it to the notice of the respondents who failed to act in the matter to protect the life of the farmers. Aggrieved by this continued uncontrolled situation, the petitioners have approached this Hon’ble Court for further suitable directions, orders, commands, writs including the ad-interim orders as prayed herein below. It is regretted to inform that to save the face the respondents have belatedly acted and started taking action against the money lenders and / or the sahukars who exploited the farmers since years together. But the action is seems to be an eyewash because it is taken against very few money lenders and sahukars just to show that respondents are taking action against the exploiter of the farmers. If such timely action was taken by the respondents well within time, it would have saved the farmers from exploitation and in turn prevented from committing suicide due to exploitation by the sahukars and money lenders.
30. That, upon the complaints and the persuasion of the petitioners pertaining to untimely deaths of poor farmers due to sad incidents of suicides, it is learnt that Government has come out with the G.R. through which one agency named “Late Vasantrao Naik Krushi Anusandhan Mission” has formed under the Director Generalship of the Divisional Commissioner of Amravati Division i.e. Respondent No. 12 herein but the G.R. has not been effectively addressed the issues and redressal provided as a relief has not stopped the suicides of farmers, as more than 100 farmers have committed suicides after declaration of Maharashtra Government Relief Package. The Director General of the said Authority has issued Letter of Acknowledgement addressed to the petitioner No. 1, copy of which is annexed herewith and marked as ANNEXURE – III.
31. That, the policy of awarding compensation to the victim families of sad deaths of poor farmers is not being implemented properly. The respondents are adopting the choose & pick policy to please the ruling party leaders. The compensation is being awarded to selected cases and disparity is being caused. The respondents are trying to mislead the Government by furnishing wrong and untrue information pertaining to the cases of suicide deaths of the farmers and trying to shield the misdeeds committed by them. In this way, the respondents are also causing violation of Article 14 of the Constitution of India while awarding the compensation to the select few by choose & pick policy even though all suicides deaths of the farmers are to be treated at par with the cases selected for the award of compensation by the respondents. As such the petitioners fairly expect the principle of equity, fair play and natural justice be followed by the State while awarding compensation to the victim families.
32. That, the Division Bench of this Hon’ble Court at Mumbai while dealing with the suicide death cases pertaining to the year 2004 has already issued interim directions to the respondents therein not to discriminate while awarding compensation, but it seems that the respondents are not bothered about the directions of this Hon’ble Court, because the disparity and discrimination is also being caused for selection and award of compensation for this year 2005 cases.
33. That, the respondents have not taken any cognizance of the report submitted by the Swaminathan Committee of the respondent No. 19 and it is required that the report of the said committee be published and implemented in the interest of farmers, as it is most relevant and significant in the facts and circumstances of the case. The e-mail acknowledgement copies received from the respondent No. 19 are annexed herewith and marked as ANNEXURE – IV.
34. That, the manufacturers and traders in nexus with the respondent authorities involved in the bogus and duplicate BT Cotton Seeds production and marketing are being protected by the respondents though off let the respondents have seized bogus BT Cotton Seeds worth Rs. 200 Lacs after the complaints from the farmers, but the accused have not been booked and prosecuted so far, because of their nexus with the respondents. Hence, it is required to initiate CBI Inquiry of the bogus and duplicate BT Cotton Seeds scandal in which the poor farmers were looted by crores of rupees and has suffered heavily as their crops have been totally ruined. It all happened due to failure on the part of the respondents and due to the negligent acts of the respondents, hence further orders of the arrest and prosecution of the accused involved in this racket are need to be issued.
35. That, the utility, effectivity, productivity of the so called “Pest Attack Proof / Boll Guard Proof” BT Cotton Seed is under serious scanner of various State Governments as the toll claim made by the multinational company and its subsidiary Indian companies owned and sponsored by the politicians have proved to be wrong and false. In fact the State of Andhra Pradesh has banned the manufacturing, processing, distribution, sale, marketing of such so called BT Cotton Seeds with immediate effect, as it has proved main reason behind Andhra Cotton Growers’ suicides. In fact the State of Andhra Pradesh has resolved to file suit on behalf of Cotton Cultivating farmers who suffered due to BT Cotton Seeds before the Hon’ble MRTPC at New Delhi for recovery of costs, damages and compensations to the tune of Rs. 1700 Crores. In the backdrop of above development, the respondents need to be ordered by this Hon’ble Court to take similar steps as has been initiated by State of Andhra Pradesh for protection of rights of the farmers. The news clipping of State of Andhra Pradesh in this regard is annexed herewith and marked as ANNEXURE – V.
36. That, now Government is accepting that the farmers are being exploited by the private money lenders and village sahukars, but no concrete steps have been taken so far to protect the poor farmers. The role of banking finance to farm sector is very negligible and various policies so far announced by the State has not been implemented by the authorities in its true spirit and meaning. Hence it is required to ban the illegal money lending activities of the sahukars and /or the private money lenders and further order need to be issued to the State Government to arrange financial assistance to all farmers from commercial, nationalized, co-operative and urban banks to save farmers from the suicides,
37. That, the government has not taken any concrete steps to impart modern training to the farmers in the villages. The present policies of training and visit by the Agriculture Officer is merely on paper. The farmers have not been benefited out of this. Hence it is required to start training programmes for the education and quality improvement of the farmers to induce faith & confidence to control suicides.
38. That, the respondents have also miserably failed to frame the policy of financing to the farmers. The age old, failed policies are still going on. But respondents officials have not acted to review such policies of long term and short term loan to the farmers. The interest rate is also very high. Commercial Banks are also exploiting the farmers. Only 5% farmers are being given loans by the Commercial, Nationalised, Co-operative Banks and remaining 95% farmers are left at the mercy of village sahukars & money lenders who exploits the farmers from all the ways. There are the incidents where such illegal money lenders or sahukars have virtually looted not only farms but families of the poor farmers also. This has happened due to negligence and failure on the part of the respondents to implement the provisions of the law and to review and/or frame and implement new policies and thus has resulted in the exploitation of the farmers at the hands of money lenders and sahukars.
39. That, thus the respondents are jointly & severally responsible for the suicides of the farmers, as they have not acted in time to enforce the provisions of the Laws, Statutes, Rules, Regulations, G.Rs., Notifications, Policies of the Government issued from time to time and to review and frame new policies in the interest of farmers community at large. Thus resulted in violation of fundamental rights of the farmers to live graceful life as guaranteed under Article 21 of the Constitution of India.
40. That, the incident of violation of fundamental rights is ongoing since last 1st June, 2005 and is continued till date. The petition is not time barred and has no delay latches, as the incidents of farmers’ suicide deaths caused due to the violation & infringement of the fundamental rights are till continued on day-to-day basis in the various places under the territorial jurisdiction of this Hon’ble Court. All such untimely suicide death cases are relevant for the adjudication and appraisal of this petition. Hence the petitioners have approached this Hon’ble Court for the reliefs prayed herein under in the Public Interest at Large.
41. That, as stated in foregoing paragraphs, the petitioners have earlier approached the Hon’ble MSHRC by way of the complaint which is annexed as ANNEXURE – I with this petition, when the death toll due to suicides was just 143. The said complaint was for the limited reliefs under provisions of Protection of Human Rights Act, 1993 under which the Hon’ble MSHRC has limited powers and scope only to give directions of recommendary nature and no specific relief as prayed in the complaint is enforceable by the Hon’ble MSHRC. Moreover, as revealed from the proceeding sheets of the said matter, the case is at only report level, whereas the present petition has been preferred for the reliefs prayed herein below for exercising the extra ordinary jurisdiction of this Hon’ble Court under Article 226 of the Constitution of India in which there is no bar for entertaining the petition pertaining to the case of gross continued violation and infringement of fundamental rights of the farmers which are committing suicides and such unfortunate death toll has reached to the alarming level of 270 and is increasing day-by-day due to the gross negligence on the part of the respondents. The petitioners, if required, are ready to withdraw the said complaint at MSHRC, if it is prohibiting them from filing the present petition.
42. That, the petitioners crave leave of this Hon’ble Court to file additional documents in support of the contentions of the petition and also crave leave to add, alter, amend and/or modify the petition if required at later stage.
43. That, the petitioners undertake to file the true English Translations of the photocopies of the documents in Marathi / Hindi as and when required.
44. That, since the matter is of extreme urgency, the petitioners pray for urgent interim reliefs / orders in the facts and circumstances of the case and craves leave of this Hon’ble Court to undertake to remove the office objections, if any.
45. That, the petitioners have not filed any Writ Petition in the subject matter before of this Hon’ble Court or the Hon’ble Supreme Court of India any time before.
46. That, in the circumstances, the petitioners prayed accordingly as under :-
P R A Y E R
It is therefore most respectfully prayed that this Hon’ble Court may be pleased to –
xii) Issue writ, orders, directions to the State of Maharashtra to order an inquiry in the matter of violation and infringement of fundamental rights of farmers as to Right to Live Graceful Life,
xiii) Issue writ, orders, directions to award and grant compensation of Rs. 5,00,000/- each, without any disparity and choose & pick policy, to surviving family members of the farmers who were compelled to commit suicide by the negligent and wrongful acts of the respondents public servants,
xiv) Issue writ, orders, directions to grant ad-interim relief by awarding interim compensation of Rs. 2,00,000/- each to surviving family members of the deceased farmers pending hearing and final disposal of the case,
xv) Issue writ, orders, directions to respondents to publish and implement the report of Swaminathan Committee of the respondent No. 19,
xvi) Issue writ, orders, directions to initiate CBI Inquiry of the bogus and duplicate BT Cotton Seeds sold to the poor farmers due to the negligent acts and involvement of the respondents and further order the prosecution of the accused involved in this racket,
xvii) Issue writ, orders, directions to ban the illegal money lending activities of the sahukars and /or the private money lenders and further order the State Government to arrange financial assistance to all farmers from commercial, nationalized, co-operative and urban banks to bring all farmers under its umbrella and to save farmers from the bankruptcy and suicides,
xviii) Issue writ, orders, directions to the Government to start prosecution against the BT Cotton Seeds multinational companies and its subsidiary Indian companies for cheating and causing huge loss to the Cotton Cultivating farmers and further order to file suit with MRTPC in line with the suit filed by State of Andhra Pradesh against BT Cotton Seeds multinational company for recovery of costs, damages and compensation caused to the farmers in the Vidarbha Region,
xix) Issue writ, orders, directions to government to start training programmes for the education and quality improvement of the farmers to induce faith & confidence to control suicides,
xx) Issue writ, orders, directions to the State of Maharashtra to order the prosecution of the respondents public servants for their negligent and wrongful act of violation of fundamental rights of the farmers who were constrained to commit suicides due to such wrongful acts of the respondent officials,
xxi) Issue writ, orders, directions to the respondents to frame long term policies and its timely implementation and review in the interest of farmers so that they can live graceful, respectful and dignified life as guaranteed under Article 21 of the Constitution of India.
xxii) grant any other relief that may deem fit in the facts and circumstances of the present case.
1) Kishore Tiwari
Nagpur,
Dated : 30 / 01 / 2006
2) Tukaram Raoji Meshram,
PETITIONERS
FIRDOS MIRZA, VINOD TIWARI
COUNSEL FOR PETITIONERS
AFFIRMATION & VERIFICATION
I, KISHORE S/o. JAMUNASHANKAR TIWARI, aged about 46 years, Occupation : Business, (President, Vidarbha Jan Andolan Samiti), R/o. Pandharkawada, Distt : Yavatmal, do hereby take oath and further declare on solemn affirmation that –
3) I am the petitioner No. 1 in the present case and well conversant with the facts and circumstances of the case narrated above,
4) I believe that the contents of the complaint are true and correct to the best of my knowledge and belief. The photocopies of the documents are attached herewith are the true and correct versions of the originals.
Hence affirmed, verified and signed on this 30th day of January, 2006 at Nagpur, as the contents in the above paras 1 to 23 are found to be true and correct.
DEPONENT
I know & identify the Deponent
VINOD TIWARI
ADVOCATE
Counsel for the petitioners
VIDARBHA JAN ANDOLAN SAMITI
Regd. Office : 11, Shivalaya, Trisaran Society, In front of Somalwar School,k Khamla, NAGPUR – 440 025.
Ph No. 0712-2282457 / Mobile – 9371137653, 9422108846. Fax No. 07235-227387
Ref : VJAS/179/2006 14th June, 2006
PRESS NOTE URGENT / FLASH
LANDMARK ORDER ON P.I.L. IN THE MATTER OF FARMERS SUICIDE DEATHS :
HIGH COURT ORDERED COST / FINE OF RS. 1,000/- EACH ON MAHARASHTRA GOVT. CHIEF SECRETARY & 12 OTHER TOP I.A.S. BUREAUCRATS – SECRETARIES DUE TO FAILURE TO SUBMIT REPLY - AFFIDAVIT IN THE MATTER OF 540 FARMERS SUICIDE DEATHS :
Nagpur,
Dated : 14th June, 2006
Taking the serious cognizance of continued negligence and failure to comply with the orders passed by the Hon’ble High Court to file reply - affidavit in the matter of 540 Farmers Suicide Deaths which rocked entire State of which Public Interest Litigation is filed by Vidarbha Jan Andolan Samiti, President, Shri Kishore Tiwari, today while hearing the case Division Bench headed by Justice J.N. Patel and Justice S.R. Dongaonkar at Nagpur Bench of Bombay High Court came down heavily on the respondents state & its bureaucrats and by its order Division Bench of High Court has imposed cost / fine of Rs. 1,000/- each to be recovered & paid from the Chief Secretary & 12 Other Top I.A.S. Bureaucrats officials of the rank of Principal Secretary, Secretaries, Divisional Commissioners and Director General of Police to be paid within 2 weeks otherwise the reply – affidavit will not be considered and High Court will proceed to pass further orders on the prayer made by the P.I.L. Petitioner Shri Kishore Tiwari.
The Division Bench at Nagpur Bench of Bombay High Court today was hearing the P.I.L. pertaining to continued suicide deaths of the Farmers in the Cotton Cultivating Western Vidarbha Region toll of which has now crossed 555 this year. Though the Writ Petition was filed by the petitioner way back in the month of February, 2006, the respondents State Officials have failed to comply with the orders of the Hon’ble High Court passed from time to time directing them to file reply – affidavits immediately. But no steps have been taken by the Chief Secretary and Other Top I.A.S. Bureaucrats of the State & their continued apathy to deal with such a serious issue of Farmers Suicides has today was noticed by the Hon’ble High Court which took serious cognizance of such lapses on the part of State Officials and resulted in passing of the landmark order imposing the cost of Rs. 1,000/- each to be recovered from the Chief Secretary & 12 Other top officials of the State, perhaps this may be the first time in the history of High Court that such an enmass fine / cost is imposed on 13 Top I.A.S. Officials of the State which they need to pay from their salaries and to deposit in the High Court to avoid further action of Contempt of Court which may follow in the event they failed to pay the cost / fine ordered by the Hon’ble High Court today. The top officials upon whom the cost is imposed by the Hon’ble High Court are Principal Secretary-Home Affairs, Principal Secretary –Agriculture, Principal Secretary –Marketing, Secretary –Co-operation, Commissioner of Agriculture at Pune, Director General of Police, Divisional Commissioners of Revenue Divisions at Amravati & Nagpur, Director General of Specially Formed Shri Vasantrao Naik Sheti Swawlamban Mission having office at Amravati & National Commission for Farmers, appointed by Ministry of Agriculture headed by Shri Sharad Pawar at New Delhi, who all are named as respondent parties by the P.I.L. Petitioner Shri Kishore Tiwari on whom the cost / fine of Rs. 1,000/- each has been imposed by the Hon’ble High Court.
The Public Interest Litigation – Writ Petition was filed by Shri Kishore Tiwari with the wide prayers in the interest of Cotton Cultivating Farmers community at large. The prayers are as under that -
i) the Hon’ble High Court to take cognizance of the plight of poor Farmers who were compelled to commit suicide due to wrongful policies of the State,
ii) to order necessary probe / enquiry in the role of State Officers in promoting B.T. Cotton which resulted in the failure of crop,
iii) to direct investigation through C.B.I., Vigilance Commission, C.I.D. or any other independent agency in the matter of sale of bogus and duplicate B.T. Cotton seeds by the companies and involvement of the officials of the State in inducing the poor farmers for cultivating the B.T. Cotton,
iv) to order prosecution of the guilty officials for the offences punishable under Section 306, 409, 420 & 120 (B) of Indian Penal Code and their overacts causing series of suicides of farmers,
v) to direct the State to compensate the families of the farmers who have compelled to commit suicide by the negligence of the State by providing Rs. 5,00,000/- each without any disparity or choose & pick policy,
vi) to direct the State to take immediate measures for granting financial assistance to the Cotton Growing Farmers & to take further steps to protect the farmers from the coercive recovery at the hands of banks & private money lenders,
vii) to direct the State to place Action Taken Report on the recommendations of Swaminathan Committee,
viii) to direct the State to take appropriate action against the B.T. Cotton Seeds companies for compensating the poor farmers died untimely &
ix) other reliefs which High Court may find suitable in the facts and circumstances.
The petition will be taken up for further hearing after 2 weeks at the Nagpur Bench of Bombay High Court. Advocate Firdos Mirza & Advocate Vinod Tiwari appeared for the petitioner and State was represented by Asstt. Govt. Pleader Smt. Tejaswini Khade.
Kindly arrange to release this important news in your esteemed daily.
Thanking you,
Yours faithfully,
Kishore Tiwari
President
Vidarbha Jan Andolan Samiti
Nagpur.
