A petition has been filed at the Supreme Court asking for instructions to the Union and State governments to take into account the “reasonable demands” of farmers who are protesting at Punjab-Haryana border and to guarantee their freedom of movement through public transportation across the borders of Delhi. The farmers are demonstrating for their multiple demands particularly to secure a law that guarantees the Minimum Support Price (MSP) for crops.
Agnostos Theos, managing director of The Sikh Chamber of Commerce, has filed the plea which has named the National Human Rights Commission, the Union of India, the governments of Haryana, Madhya Pradesh, Uttar Pradesh, Punjab, and Delhi as respondents. The petitioner highlighted that the protesters are also requesting that MSP be at least 50% higher than the weighted average cost of production as suggested by the National Commission on Farmers (NCF) which was established in 2004 and was headed by Professor M.S. Swaminathan.
He has asked the appropriate authorities to issue an order prohibiting interfering with the farmers’ nonviolent march and assembly in the national capital. The applicant has called for the removal of all barriers, the authorities not to obstruct the ‘peaceful’ march, the unblocking of social media accounts and the protection of the freedom of expression of those disseminating information about the protest.
The Public Interest Litigation (PIL) mentioned, “The respondent governments have employed aggressive and violent measures like usage of tear gas, rubber bullet pellets, expired shells etc., against peacefully protesting farmers, leading to serious and grievous injuries among the farmers.” The request emphasised that farmers receive no government support or relief and that they lack the medical personnel and resources necessary to treat severely wounded patients, leaving them permanently injured or, in some cases dead.
It added, “The actions taken by the respondent governments by creating fortification across the borders of the national capital, creating hostile and violent situations against its peaceful citizens, and not allowing the farmers to exercise their democratic right, has led to direct and indirect defamation of the intentions and the objective of the protesting farmers.”
The appeal also brought attention to the event involving the death of a young farmer who was allegedly shot by the Haryana Police on the Khanauri border on 21st February. The farmer died apparently from a gunshot wound to the head. “Farmers from various other states, who were coming to join the peaceful protest, through trains were forcefully deboarded from their respective trains in Bhopal, Madhya Pradesh and were forcefully sent to Ayodhya, Uttar Pradesh instead.”
It alleged that Punjabi farmers who were protesting had been imprisoned in the most rude, severe, and violent manner for trying to just drive their cars to Delhi. The motion insisted that the peaceful farmers were being treated by their government in a manner akin to that of terrorists only for exercising their constitutional and democratic rights.
The plea claimed that the rights of the farmers, as guaranteed by Articles 14, 19, and 21 of the Indian Constitution, had been violated when they were demonstrating for their demands. It also claimed that on 13th February, the farmers called for a peaceful protest in support of “Dilli Chalo,” asking that the Swaminathan committee’s recommendations be put into execution.
It highlighted, “The Respondent, Union and State governments, in anticipation of the protest by the farmer, issued threats against the people in participating in the protest, fortified the borders of the state around the city of Delhi, with iron spikes, concrete walls, etc. ensuring that farmers are not able to enter the territory of the national capital.”
The motion claimed that the respondent governments had forcibly arrested and detained farmers from the state surrounding Delhi who had come to protest for their rights even in their own private vehicles. It charged, “Similarly, farmers coming from various other states of the county, to join the protesting farmers, were detained in Bhopal, Madhya Pradesh, and were also sent to other states, just to avoid them meeting with protesting farmers.”
It stated, “In the days leading up to 13.02.2024 borders of the national capital were fortified with concrete walls, iron spikes etc., restricting the farmers from entering the national capital without any due reasonable cause against the peaceful farmers violating their right to travel freely throughout the territory of the country as enshrined under Article 19(1)(d) of the Constitution of India.”
The landmark decision in Anita Thakur v. Govt. of Jammu and Kashmir by the top court is cited, where it declared, “We can appreciate that holding peaceful demonstration in order to air their grievances and to see that their voice is heard in the relevant quarters is the right of the people. Such a right can be traced to the fundamental freedom that is guaranteed under Articles 19(1)(a), 19(1)(b) and 19(1)(c) of the Constitution.”
In addition, the petitioner requested that the appropriate authorities take action against people who mistreat farmers and Sikhs, use abusive language, threaten them and create division that shatters the nation’s communal peace.
