Part-2 of 3 : India's Seed Bill'2019 and Proposed Amendments for Post-COVID-era

Part-2 of 3: 

India's proposed Seed Bill’2019 and Proposed Amendment for Post-COVID-era

By:

Vijay SARDANA

Advocate, Delhi High Court and

Techno-legal Expert on Agribusiness

& Consumer Products Industries

&

Priyanka Sardana

Advocate, Supreme Court of India

& 

Aastha Sardana

Researcher on Legal Matters

Please also read this with Part-1 and Part-3 for additional points)

11.     Sale Price of the Seeds: There is a debate in the seed industry, should law control royalty or MRP? In place of seed price control, there should be a better mechanism to ensure how to deliver value to the farmers. This will help in understanding the reasons behind the cost escalation and how to address the issue. Whether price escalation is due to the monopoly or demand-supply imbalance? With our experience, we can say that there are ways to handle both, in a very transparent manner on a scientific basis. This will also expose if any company is exploiting Indian farmers by unfair means and various authorities can also help in the ensuing fair price regime exists. We will discuss in some other forum how to address this.

12.  What should be the licencing and royalty policy for traits? Law is silent on how to protect unfair trade practices to distort market forces due to their monopoly on a particular trait. Law should encourage fair and honest competition.

13.  Stacking of traits in seed: How it should be priced? Should farmers pay for all even traits, even if he is not keen to buy all traits in the seed? Example Bt and HT both are in the same seed, but Bt is not demanded by the farmers. What should be the price of seed? What is the mechanism to address this concern?

14. Recognition of seed certification is outside India (s.32):  This should be based on equivalence criteria and only on a reciprocating basis. It means India should also be able to export seeds to the world markets from where we are planning to import. This will ensure trade balance and our companies will improve local capabilities.

15.  What can farmers do with their own seeds i.e. local native varieties? Can farmers keep, exchange or give as a gift or can they sell or not should be mentioned in the bill clearly. Can companies use native germplasm for multiplication without the permission of the local governments and benefit-sharing?

16.  Biodiversity is a must for food security, this law should refer the intention so that before every approval this parameter should be checked: Law is not explaining anything about how to preserve biosecurity. What should be the approach to ensure that monoculture and monopolistic approaches do not hurt national biodiversity, biosecurity and food security? Seed Bill is silent on it.

17.   Farmers Rights must be explained in the Proposed Seed Act to avoid litigations: Based on recent incidences in Gujarat with Potato farmers, what can farmers do with privatised seeds (PVP-protected or patented varieties). Can farmers harvest seeds and sow again on own farm, or can farmers harvest seeds and then exchange or give as a gift or can farmers harvest seeds and then sell them or define what should be the contracts and other restrictions may be set by the contracts under proposed seed Act.

18.  What is the position of marketing rights under the proposed Seed Act? Can farmers use certified, registered or catalogued seeds irrespective of source or self-stored seeds or they are only allowed or forced to buy certified, registered or catalogued seeds for use. This should be clear in the law.

19.  Who can go for inspection at farmers end? Can seed suppliers or companies have the power to search, if yes — when, where and how?  This must be clearly mentioned to avoid offence under the law for trespassing and violation of privacy and who should authorise the inspection? Law should clearly mention what all places, including homes, can be searched or not. Can private parties search farmers places without permission of the authorities or search should be done with law enforcement authorities only? This should be mentioned in the law.

20.   If inspectors find “probable cause” of infringement or if courts find farmers guilty of infringement. What should be the regulatory action, in this case? This should be clearly explained i.e. seed can be seized, the crop can be destroyed, harvest can be seized, the product made from harvested material can be seized, should be defined clearly in the law.

(to be concluded..Part 3 or 3)

(Please also read this with Part-1 and Part-3 for additional points)

Meanwhile, feel free to send your questions or queries and observations to: 

Email: technolegalsardana@gmail.com

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