Letter to PPV&FR Authority on its FAQs book and need to withdraw it…..
———- Forwarded message ———
From: Mail . <mail@genecampaign.org>
Date: Tue, Dec 10, 2019 at 3:22 PM
Subject: FAQ booklet brought out by the Protection of Plant Varieties and Farmers’ Rights Authority and uploaded on official website
To: <chairperson-ppvfra@nic.in>
Cc: <minister-agri@nic.in>, <ns.tomar@sansad.nic.in>, <kotharin@nic.in>, Suman . <suman@genecampaign.org>
To: 10th December 2019
The Chairperson,
Protection of Plant Varieties &
Farmers’ Rights Authority,
Ministry of Agriculture & Farmers’ Welfare,
NASC Complex, New Delhi 110 012.
Email: chairperson-ppvfra@nic.in
Sub: FAQ booklet brought out by the Protection of Plant Varieties and Farmers’ Rights Authority and uploaded on official website
Dear Dr Prabhu,
We write to you with great concern regarding some content in the FAQ booklet brought out by the Authority which is uploaded on the PPV&FR Authority’s official website.
Most objectionable is the interpretation of Farmers and Farmers’ Rights which is contrary to the legislative intent exhibited by our law makers during the creation of the Protection of Plant Varieties and Farmers’ Rights Act 2001.
Several knowledgeable people have sat in Expert Committees and worked with three successive central governments to create the content of the Protection of Plant Varieties and Farmers Rights Bill. Two Joint Parliamentary Committees have discussed the draft bill before giving it final shape. The PPV&FR Act emerged as a unique legislation that stands out for the strength it has given to the rights of farmers. No other country has given Farmers Rights (only exemptions) in its sui generis legislation. It is these rights of farmers that have been undermined by the language in the FAQ booklet created by the Authority.
We do not believe that the intent of the language is malicious or that there was a deliberate effort to weaken Farmers’ Rights to favour the seed industry but that is unfortunately how it reads.
Whereas question 5 of the booklet correctly interprets ‘What are Farmers Rights”, question 78 says “only small and marginal farmers involved in subsistence farming can claim farmers’ rights”.This is simply not true and it is not indicated anywhere in the Act. Any farmer anywhere in India can claim farmers rights to its fullest extent.
In question 71 (and 70), it is not farmers’ rights that are mentioned but ‘farmers’ exemptions’. This is ridiculous. India does not grant exemptions to its farmers, it grants rights. The language and the intent of the law is clear on this. Where has ‘exemptions’ come from? This is the language of UPOV, which does not grant farmers rights, only exemptions. India is not a member of UPOV, and in fact it took a conscious decision to move away from the UPOV model and follow its own path in drafting its sui generis law.
Equally incorrect is the statement “what is allowed under farmers’ rights is only use of registered variety in a small scale in an unbranded manner”. The PPV&FR Act does proscribe branding of self-produced seed of a registered variety but nowhere does it mention anything about scale. How has the Authority arbitrarily introduced ‘small scale’ on its own?
Question 84 is a specific question on the interpretation of farmers’ rights as contained in Section 39 (1) (iv) of the Act. In a piece of creative writing, the Authority’s booklet says “What is permissible under the Farmers Rights in Indian Law is only commercialisation for subsistence farming. Farmers’ rights are applicable only for subsistence and marginal farmers and not for commercial farmers”. Such a condition again is arbitrary and has been introduced by the Authority. It is not to be found anywhere in the PPV& FR Act and hence cannot be included in the FAQ booklet.
As you can see, there are grave distortions in the FAQ booklet and all of these distortions tend in one direction, which is that of curtailing the legal rights granted to farmers in the Indian law. Limits to the practice of Farmers’ Rights cannot be determined by a whimsical interpretation in a booklet published by the Authority.
You will appreciate that such a situation cannot be allowed to stand and the booklet must be withdrawn in its present form. It should be revised and reissued so that it is an informative document that is factually correct and without bias.
We would be happy to work together with the Authority on this issue if it is so desired. We look forward to hear from you at your earliest convenience.
With best wishes,
Dr. Suman Sahai
Chairperson, Gene Campaign
Gene Campaign
Lane W-15C/2, Sainik Farms,
Khanpur
New Delhi -110062
Email – mail@genecampaign.org
Web: www.genecampaign.org
Copy to: Shri NS Tomar, Union Minister for Agriculture & Farmers’ Welfare
(Email: minister-agri@nic.in,ns.tomar@sansad.nic.in, kotharin@nic.in)
Endorsed by:
- Aasha Ramesh, Women’s Rights Researcher and Activist, Karnataka
- Ajmer Singh Lokhowal, State President Punjab, Bharatiya Kisan Union (BKU)
- AK Devison, Kerala Coconut Farmers Association & South India Coordination Committee of Farmers Movements, Kerala
- Akash Naoghare, Coordinator, Beejotsav, Nagpur
- Ananthoo, Safe Food Alliance, Tamil Nadu
- Anita Paul, Grassroots, Uttarakhand
- Anitha Reddy, Ankura Mahila Sangha, Karnataka
- Apoorva Oza, Aga Khan Rural Support Programme, Ahmedabad
- Aruna Rodrigues, Sunray Harvesters, Mhow, Madhya Pradesh
- Avik Saha, Lawyer, Jai Kisan Andolan, Delhi
- Avil Borkar, Secretary, Gramin Yuva Pragatik Mandal, Bhandara
- Badagalapura Nagendra, President, Karnataka Rajya Raitha Sangha, Karnataka
- Badribhai Joshi, Gujarat Khedut Samaj
- Balaji Sankar, Tharcharbu Iyakkam, Sirkali, Tamil Nadu
- BhagyaLaxmi, WASSAN, Hyderabad
- Chakri, Samalochana, Andhra Pradesh
- Chamarasa Mali Patil, Karnataka Rajya Raitha Sangha, Karnataka
- Chukki Nanjundaswamy, Karnataka Rajya Raitha Sangha, Karnataka and Amrithabhoomi
- CK Janu, Adivasi Gothra Mahasabha, Kerala
- Dahyabhai Patel, President, Kisan Sabha, Gujarat
- Debjeet Sarangi, Living Farms, Odisha
- Devesh Patel, Madhya Gujarat Sajiv Kheti Mandal
- Dhan Singh Sherawat, Bharatiya Kissan Union (BKU), Maharashtra
- Dinesh Balam, WASSAN, Hyderabad
- Dr Anamik Shah, Vice Chancellor, Gujarat Vidyapith, Ahmedabad
- Dr Anupam Paul, Agriculture Scientist, Kolkata
- Dr Ashish Mital, General Secretary, All India Kisan Mazdoor Sabha
- Dr Ashok Patel, Former Vice Chancellor, Sardar Krushinagar Dantiwada Agricultural University
- Dr Debal Deb, Ecologist, CENTDIS, Odisha/West Bengal
- Dr G S Koshal, Retd. Director, Department of Agriculture, Government of Madhya Pradesh
- Dr K G Mehta, Gujarat Association of Agricultural Sciences (GAAS), Gujarat
- Dr K S Varaprasad, Former Director, ICAR-IIOR and International Consultant, Hyderabad
- Dr M L Sanyasi Rao, Program Manager, WASSAN, Visakhapatnam, Andhra Pradesh
- Dr Nandita Shah, SHARAN, Mumbai
- Dr Nilesh Heda, Secretary, Sanvardhan, Washim, Maharashtra
- Dr N P Patel, President, Gujarat Seed Producers’ Association
- Dr R A Khimani, Gujarat Vidyapith, Ahmedabad
- Dr R A Sherasiya, Former Director of Agriculture, Government of Gujarat
- Dr Sabyasachi Das, RRA Network, Hyderabad
- Dr Satish Gogulwar, Director, Amhi Amchya Arogyasathi, Gadchiroli, Maharashtra
- Dr Sudarshan Iyengar, Former Vice Chancellor, Gujarat Vidyapith, Ahmedabad
- Dr Sujatha Byravan, scientist, Chennai
- Dr Tarak Kate, Director, Dharamitra, Wardha, Maharashtra
- Dr Uma Shankari, Rashtriya Raithu Seva Samithi, Chittoor district, Andhra Pradesh
- Dr V Rukmini Rao, Gramya Resource Centre for Women, Hyderabad
- Dr V T Sundaramurthy, Ex- Project Coordinator and Principal Scientist and Head, CICR, Coimbatore
- Dr.Krishan Bir Chaudhary, Bhartiya Krishak Samaj, New Delhi
- Gopi Deva, OFM, Chennai
- Gurnam Singh Charuni, Bhartiya Kissan Union, Haryana
- Harinath Rao Nagulavancha, Farmer, Nalgonda, Telangana
- Harish Panwar, Beej Swaraj Abhiyan, Madhya Pradesh
- Hemang Baxi, PPV&FR Consultant, Ahmedabad
- Himakiran Anugula, Senaapathy Kangayam Cattle Research Foundation, Tamil Nadu
- Jagdish Singh, State President, Bharatiya Kisan Union, Madhya Pradesh
- Jayalakshmi,Grameena Mahila Okkuta, Kolar district, Karnataka
- JM Veerasangaiah, Karnataka Rajya Raitha Sangha, Karnataka
- Jyothi Raj, Booshakthi Kendra, Tumkur, Karnataka
- K. Sella Mutthu, President, Tamil Nadu Farmers Association, Tamil Nadu
- Kannaiyan Subramaniam, South India Coordination Committee of Farmers Movements
- Kapil Shah, Jatan, Vadodara, Gujarat
- Karri Lakshunnaidu, Farmer, Kandisa village, Srikakulam district, Andhra Pradesh
- Kaustubh Pandharipande, Secretary, Samvedana, Nagpur.
- Kavitha Kuruganti, Alliance for Sustainable & Holistic Agriculture (ASHA), Bangalore
- Kavitha Srinivasan, MAKAAM-Karnataka, Karnataka
- Kirankumar Vissa, Rythu Swarajya Vedika, Andhra Pradesh and Telangana
- KM Rajegowda, Karnataka Rajya RaithaSangha, Karnataka
- Krishna Prasad, Sahaja Samrudha, Karnataka
- KT Gangadhar, Karnataka Rajya RaithaSangha, Karnataka
- KV Rajkumar, South Indian Sugarcane Growers Association, Tamil Nadu
- Laxman Singh Muniya, Lok Jagruti Manch, Jhabua, Madhya Pradesh
- Mamatha Yajaman, GAMANA Women’s Collective, Karnataka
- MS Selvaraj, VTMS, Tamil Nadu
- Nandini Jayaram, Karnataka Rajya Raitha Sangha, Karnataka
- Nasreen Basha, Tamilnadu Resource Team, Chennai
- Nilesh Desai, Beej Swaraj Manch, Bhopal
- Nulenuru Shankrappa, Karnataka Rajya Raitha Sangha, Karnataka
- Pamayan, Adisil Cholai, Madurai, Tamil Nadu
- Ponnuthai Sappani, Kalanjium Women Farmers Association, Tamilnadu
- Pooran Singh, Working President, Bharatiya Kisan Union, Rajasthan
- Prasant Mohanty, NIRMAN, Odisha
- Pravin Mote, Director, Center for People’s Collective, Nagpur
- Prof Ashok Kundapur, Environment and Energy Pro Activist, Karnataka
- Prof Hemant Shah, Economist, Gujarat
- Prof Kshitij Urs, Adjunct Professor of Public Poilcy, NLSIU and state coordinator of RRAN Karnataka.
- Pushpa Achanta, Women against Sexual Violence & State Repression (WSS), Karnataka
- RadhikaRammohan, Restore, Chennai
- Raghav Sharan Sharma, All India Agragami Kisan Sabha
- Rajani Dave, Gujarat Sarvodaya Mandal
- Rajbir Singh Jadaun, State President, Bhartiya Kissan Union (BKU), Uttar Pradesh
- Rajveer Singh Jadaun, State President, Bharatiya Kisan Union, Uttar Pradesh
- RakeshTikait, National Spokesperson, Bharatiya Kisan Union (BKU)
- Raman, Tula Organic Clothing, Chennai
- Ramasubramanian, Samanvaya Consulting, Chennai
- Ramesh Patel, Srishti, Ahmedabad
- Ramesh, Satvik: Promoting Ecological Agriculture, Bhuj
- Rattan Mann, State President, Haryana, Bharatiya Kisan Union (BKU)
- Ravindranath, Kerala Coconut Farmers Association, Kerala
- Rohit Parakh, India For Safe Food, Mumbai
- Ruldu Singh Mansa, Punjab Kisan Union & Kul Hind Maha Kisan Sabha
- S Venkatesan, South Indian Sugarcane Growers Association, Tamil Nadu
- SajalKulkarni, RRA Network, Maharashtra
- Sanjay Chowdhary, State In Charge, Uttarakhand, BKU
- Satnam Singh Cheema, State President, Bhartiya Kissan Union (BKU), Uttarakhand
- Seema Kulkarni, Team Member, SOPPECOM, Pune
- Sejal Dand and Neeta Hardikar, Anna Suraksha Adhikaar Abhiyan, Gujarat
- Selvam Ramasamy, Tamil Nadu Organic Farmers’ Federation, Tamil Nadu
- Sharada Gopal, Jagruti, Karnataka
- Sharanya Nayak, Deve Vetti, Krushna Saunta and Dhanmati Saunta, Humane Trust, Koraput, Odisha
- Sheelu Francis, Women’s Collective, Chennai
- Shilpa Vasavada, WGWLO, Ahmedabad
- Shiney Varghese, Member, 4th HLPE (High Level Panel of Experts) of the UN Committee on World Food Security, FAO
- Soma KP, Women’s rights activist, New Delhi
- Stella Issac, Kalanjium Unorganised Workers Union, Tamilnadu
- Subha Bharadwaj, Organic Terrace Garden, Tamil Nadu
- Sudha Reddy, Eco Foundation for Sustainable Alternatives, Karnataka
- Sukhdev Singh Gill, State President, Himachal Pradesh, BharatiyaKisan Union
- Sundarrajan, Poovulagin Nanbargal, Tamil Nadu
- Suresh Kouth, Bhartiya Kisan Sangharsh Samiti, (Haryana)
- Swaraj Das, Project Affected Peoples Association (PAPA), Asansol
- Swarna Bhat, Grameena Kooli Karmikare Sanghatane (Grakoos), Karnataka
- Swati Desai, Paryavaran Suraksha Samiti, Gujarat
- Umendra Dutt, Kheti Virasat Mission, Punjab
- Usha Soolapani, Thanal, Kerala
- Varsingh Ninama, Lok Jagruti Manch, Ratlam, Madhya Pradesh
- Vasant Futane, Sanwad, Amravati
- Vidyadhar Olkha, State President,Bhartiya Kissan Union (BKU), Rajasthan
- Vijay Jawandhia, Shetkari Sangathana, Wardha
- Vijay Panda, Bharat Jan Andolan, Chattisgarh
- Virendra Kumar Shrivastava, Laghu Simant Krishak Morcha, Uttar Pradesh
- Vitthalbhai Dudhatra, President, Bharatiya Kisan Sangh, Gujarat
- Yudhvir Singh, National Secretary, Bharatiya Kisan Union & All India Coordination Committee of Farmers Movements