LDF announces hartal on Sept 27 in solidarity with farm stir; Kerala HC upholds legality

On Friday, the Kerala High Court refused to declare the hartal called by LDF on September 27 in support of the bandh call by the Samyukta Kisan Morcha "illegal". The SKM is an umbrella body of several farm organizations protesting at the Delhi borders seeking the repeal of the three agrarian laws passed by Parliament. A division bench of Chief Justice S Manikumar and Justice Shaji Chaly was hearing a plea contending that the hartal was not informed to the public 10 days in advance.

Moreover, the petitioner argued that the day-long shutdown would not only hurt the economy but also constitute a violation of the fundamental rights of people. When he argued that the state government should compel anyone to participate in hartals and that traffic should not be obstructed citing a full bench verdict, the state attorney assured the court that the state government will abide by it. While disposing of the plea, the HC held, "The state government should ensure that the directions issued in Sudhin's case (cited supra) and other decisions of this court, are implemented, ensuring fundamental rights of the citizens". 

The impasse over the farm laws

The Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 aims at freeing the farmers from the constraints of the state Agriculture Produce Market Committees whereby they would be able to sell their produce anywhere. Meanwhile, The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020 protects and empowers farmers to engage with processors, wholesalers, large retailers, exporters for farm services. The Essential Commodities (Amendment) Act, 2020 specifies that the supply of foodstuffs including cereals, pulses, potatoes, edible oilseeds, and oils shall be regulated only under exceptional circumstances.

At present, the talks between the Union government and the farmers' unions over the three farm laws have come to a standstill. While the Supreme Court has stayed the implementation of the farm laws, a committee appointed by the apex court submitted its report pertaining to the legislation in a sealed cover on March 19. So far, 6 states- Punjab, Rajasthan, Chhattisgarh, Kerala, West Bengal and Delhi have passed a resolution in their respective assemblies demanding the withdrawal of the farm laws.