Thursday, December 20, 2007

PIL ON THE ISSUE OF FARMERS SUICIDES

VIDARBHA JANANDOLAN SAMITI

11, Trisaran Society, In front of Somalwar School, Khamla, Nagpur – 440 025

Tel No. (0712) 2282457 / 9371137653 / 9822593943. Fax : 07235-227387

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PRESS NOTE –

PIL ON THE ISSUE OF FARMERS SUICIDES :


PIL PETITIONER KISHORE TIWARI SUBMITTED BEFORE HIGH COURT DETAILED CHART/ STATEMENT FOR IMMEDIATE STEPS REQUIRED TO BE INITIATED BY GOVERNMENT IN THE MATTER OF FARMERS’ SUICIDE

Nagpur, 20th December, 2007

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In compliance with the Order dated 7th December, 2007 passed by Nagpur Bench of Mumbai High Court, PIL Petitioner Kishore Tiwari today submitted before the High Court, a detailed statement/ chart containing the various immediate steps required to be initiated by the State Government in the matter of unfortunate incidence of Farmers Suicide in 06 districts of Vidarbha Regions. The submissions is made before the High Court as per the directions given by the Division Bench of High Court consisting Justice A.P. Lavande and Justice A.B. Chaudhari directing the PIL petitioner Kishore Tiwari, President of Vidarbha Jan Andolan Samiti, which is pursuing the cause of farmers crisis in Vidarbha Region to submit detailed statement/ chart highlightining issues which are required to be dealt with by the respondents - State Government, having regards to the statements made by the Government from time to time in the several Affidavits submitted in the matter of farmers suicide so that the better adjudication of the Petition can be made in the interest of dying farmers in the Vidarbha Region.

The detailed statement/ chart is submitted by the Petitioners counsel Adv. Sh. Firdos Mirza and Adv. Sh. Vinod Tiwari today before the High Court. The statement/ chart has the detailed chronological of events, the statement & figures submitted by the Government on Affidavits on various occasion from time to time pursuant to the Order passed by the Hon’ble High Court in the present PIL in the matter of continued farmers suicide in Vidarbha tally of which have been crossed 3700 farmers suicides, in last couple of years due to distress and plight arising out of successive crop failures and consistent increasing cost of production versus low yield & non remunerative prices to the cotton, rice and other crops. In the year 2007, so far 1172 unfortunate incidents of farmers suicide have been reported. The statement / chart submitted today is as follows:

1. February 2006 - The instant petition highlighting issue of unfortunate incidence of farmers suicides and inaction of the state machinery was filed.

2. 24th February, 2006 - This Hon’ble Court issued notices.

3. 05th June, 2006 - The respondents were granted last chance to file reply.

4. 14th June, 2006 - Because of the failure of respondents to file reply, the Hon’ble Court imposed cost of Rs.1000/- each against the respondents.

5. 11th July, 2006 - The respondents tendered apology, hence the order of cost was recalled.

The government was directed to display the information regarding all steps taken by the government to avoid farmers suicide. It was directed that the information on the web site should include not only the steps taken but the information regarding the effect of such steps taken, the benefits and the beneficiaries of such steps and all the relevant information.

6. 26th June, 2006 - The State Government filed affidavit in reply on 26.06.06 with the following submissions /statements.

a) The state government is also implementing the directions and suggestions given by the Hon’ble High Court by its judgment dated 5th May, 2006 in addition to implementation of the package announced for the farmers in Vidarbha. (para 8)

b) the government is promoting Soyabean and other horticulture crops as alternate to cotton crop. (para.9b)

c) The State Agriculture Universities have not recommended cultivation of Bt. Cotton and the agriculture department is also not recommending yet. (para 9c)

d) There are 63 full time and 885 part time Inspectors are appointed in the state of Maharashtra for quality control to control 252 state level licenses 33,243 District level licenses of the seeds dealers. (para 9d).

e) The rate of Bt. Cotton seeds was reduced (para 9h)

f) Rs.2.31 crore is to be spent on training and demonstration to be given to the farmers for improving productivity of cotton crop and for reducing the cost of cultivation. This training is in respect of varieties of cotton approved by the agriculture universities of the state, which does not include Bt. Cotton (para 9j).

g) Rs.240 crores have been disbursed to the farmers under the scheme of rescheduling of loans and waiver of interest. (para 9k)

h) Subsidy of Rs.1000/- per hector subject to a maximum of 2 hectors is extended. The scheme of community marriage is floated. The secondary occupation through animal husbandry, water conservation and integrated agricultural development is being promoted (para 9m).

g) The government has decided to make a village wise survey to identify all the families which are in a situation of acute distress. (para 9n)

h) One of the serious complaints relate to the provision of assessment to the suicide affected family. It is true that due to procedural issues many families did not get such assistance. The government has undertaken review of the suicide cases where the assistance has not been made available by constituting district level committees. In the review process almost 1000 families were given assistance of Rs.1,00,000/- each. (para 9o)

i) To provide crop loans at the rate of 6% interest. (para 9p).

j) The government has taken a decision that the farmers who have taken loan from unlicensed money lenders should not be under any obligation to repay these loans. (para 9q)

k) The state government has established Vasantrao Naik Sheti Swavalamban Mission for effective implementation of the entire package to address effectively the issue of farmer’s suicide. A senior government officer has been posted as the Director General of the aforesaid mission. (para 9r)

With regards to the claim made by the Government in the said affidavit, the Petitioner pointed out that he would like to refer to the Judgment dated 05.05.2006 delivered by Hon’ble Division Bench at Bombay Para 21.1(pg.25) in which it is observed that Interest on outstanding loans to be written off Rs.61 crores. The principal amount to be rescheduled over a period of next 5 years Rs.203 crores. To ensure implementation of the package in letter and sprit, the government will nominate an IAS Officer in the suppertime scale and designate him as Director General of the scheme. The Hon’ble Court expected that the scheme should not remain an ornate, impressive on paper but deficient in implementation.

Petitioner further humbly submitted that :- The State since last 2 ½ years has failed to provide a full time Director General for implementation of the package. As on today also Commissioner Amravati is holding additional charge. Till today about six officers are changed though section 3 of the Maharashtra Govt. Servants Regulation of transfers … Act 2005 prescribes for normal tenure of the officer 3 years. The State has to immediately make arrangement for appointment of full time Director General for full tenure in compliance with the above judgment. According to affidavit dated 03.09.2007 the State has paid Rs.825 crores from P.M. package and Rs.240 crores from State package towards interest waiver. The total overdue as on 30.6.06 was Rs.1407 crores. The State has to make it clear how the amount as reflected in the judgment dated 05.05.2006 has increased in multi folds ? The State must place on record the results of village wise survey made by it to identify all the families which are in a situation of acute distress, along with the action taken report regarding the causes came on record for the distress.

The PIL Petitioner Kishore Tiwari made various suggestions by way of affidavit filed on 04th Aug. 2006 which contents long term and short term measures for betterment of the farmers

Immediate reliefs / steps required.

i) Establishment of the Nodal office at Yavatmal.

ii) Provision for credit facilities.

iii) Food security

iv) To create atmosphere of faith about government scheme in the farmers.

Long Term measures.

i) Reasonable support price to the farm products.

ii) Crop insurance scheme.

iii) Periodical review of the implementation

iv) Educating the farmers in respect of changing weather, changing crop system.

v) Quarterly audit of the funds disbursed.

On 07th Aug. 2006, after considering the affidavit dated 07.08.2006, the Hon’ble Court recorded undertaking of the state regarding updating the website and ensuring inclusion of proposed measures to be undertaken to avoid farmers suicide. The respondents were directed to respond on the suggestions given by the petitioners. On 13th July, 2007, the learned APP was directed to prepare synopsis giving chronology of steps taken by the concerned authorities on the basis of suggestions/scheme evolved by the mission or any of the competent authority in this regard including updating website. On 02nd Aug. 2007 – The State Government, in its affidavit submitted before the Hon’ble Court that –

a) The web site is being updated from time to time. It updated upto 30th June, 2007.

b) The suggestions given by petitioners have been replied, giving details of steps taken by government.

c) The state government is not giving compensation but providing ex-gratia assistance of one lakh to the family of the farmers who committed suicide.

d) State government is preparing detailed guidelines in view of National Agriculture Policy. District Level Agriculture Management Training Agency has been established.

d) Strategy Research and Extension Plans for all districts are prepared.

e) National Insurance Scheme is being implemented with additional benefits.

f) Prime Ministers Special Rehabilitatoin package provides for ex-gratia assistance, debt relief to farmers, credit flow, interest waiver, assured irrigation, seed replacement, micro irrigation, extension services and subsidiary income schemes. Status of implementation of the packages are on the website.

But the Petitioner pointed out that in Judgment dated 05.05.2006, Hon’ble Mumbai High Court directed the State to take a decision on whether the compensation fixed at Rs.One lacs should be suitably enhanced to ensure that a more realistic amount is made available to the members of the family of a deceased cultivator. However, the State Govt. till today has not increased the amount but now are stating that it is ex-gratia from Prime Ministers package.The Petitioner also prayed for the directions to the State Government to take a decision enhancing the compensation to be given to the farmers families.

06th Aug. 2007 - This Hon’ble Court sought more information from the State and expressed that if the farmers are not provided with the necessary assistance when it is needed in that event the purpose for which such packages are evolved is likely to be frustrated. The Principal Secretary (Relief and Rehabilitation) to file his affidavit.

03 Sept. 2007 - In its affidavit dated 03.09.2007, the State Government submitted -

(1) The state package provides for :-

a) Arrangement for fresh crop loan

b) Subsidy on the crop insurance premium

c) Financial assistance to farmers for enhancing production and productivity.

d) Promotion of joint farming in cotton.

e) Encouraging subsidiary occupation like Dairy, Poultry etc.

f) Repayment of amount from Capital Formation Fund

(2) The Prime Ministers package aims at:-

a) Establishing a sustainable and viable farming and livelihood support system through debt relief to farmers.

b) Improved supply of institutional crop credit.

c) Micro irrigation

d) Assured irrigation facilities.

e) Watershed management.

f) Better extension and farming support etc.

(3) The total number of farmers in the six affected districts is 1764438 and cotton growing farmers 1205282.

(4) Cash Credit :- The survey conducted by the month of May, 2006 shows that the demand for loan by the farmers in six districts is nearly Rs.2975/- crores and during last financial year the agricultural credit amounting to Rs.2012 crores is distributed. The need of cotton growing farmers came out to be Rs.1200 crores. During 2007-08 till now Rs.1254 crores loan is distributed to 4.74 lakh farmers. Rs. 396 crores were distributed as refund of 3% of share capital under cotton monopoly scheme in the year 2006-07. In 2005-06 Rs.880 crores were distributed as annual credit which was increased Rs.2012 crores in the year 2006-07.

In this regard the Petitioner pointed out that affidavit shows that the outstanding amount of Rs.1407 crores overdue loan as on 30.06.06 was rescheduled. The interest waiver of Rs.825 crores has been given from P.M. package and of Rs.239.12 crores from the State package. This amount is much more than mentioned before the Hon’ble Division Bench at Bombay and reflected in judgment dated 05.05.2006. The state has to explain that how the amount is increased and whether the borrower/farmer is enquired as to whether the amount is outstanding against him.The State shall also have to explain that what was the mechanism for cross checking the amount demanded by the banks ?

(5) Procedure of repayment of Loan:-

a) The outstanding amount of Rs.1407 crores was overdue on 30th June, 2006 and was rescheduled.

b) Interest waiver of Rs.825 crores was given.

In this regard the Petitioner pointed out that affidavit shows that the Cash Credit Facility provided to the farmers in 6 districts of Vidarbha is substantially reduced during the year 2007-08. As against the demand of Rs. 3,186 Crores, only Rs. 1,254 Crores were distributed to the farmers. It is required that, all the farmers has to be provided with need based cash credit facilities, to in order to avoid the farmers being trapped in the net of private moneylenders and exploiters. The affidavit of Govt. shows that, there is considerable reduction in the cash credit outlay being made available for the year 2007-08. The concrete steps are required to be taken to increase the cash credit outlay atleast to Rs. 3000 Crores, so that maximum farmers to get advantage of cash credit facilities from the banks. As the outstanding amount overdues till continues, State to take further steps to reschedule the outstanding amount overdue for a further period of atleast 3 years, as the farmers needs such support at this stage.

The affidavit of the Government says that One year moratorium is given for the repayment of loan amount but for the loan disbursed during 2006-07 borrowers were to repay the loan before 31.03.2008. In this regard Petitioner pointed out that the state has to make a positive statement that the period of moratorium and interest rate is incompliance with the policy and guidelines of Reserve Bank of India and the NABARD and also to take further steps to provide extra moratorium period in view of the extreme crisis faced by the farmers in 6 suicides prone districts of Vidarbha.

(6) On the issues of Kisan Credit Cards Government claimed that it has 6.59 laks KCC distributed.in the year 2005-06 and 3.80 laks KCC in the year 2006-07 distributed. The Government also claimed that all eligible borrowers can avail the facility of KCC as and when they approach banks for the fresh loans.

On this issues petitioner submitted that the State govt. should arrange to provide Kisan Credit Cards to all farmers along with substantial Cash Credit as per the need by increasing the cash credit outlay, which is required at present Rs. 3000 Crores instead of current years cash credit outlay which was only Rs. 1450 Crores. Hence, there is need of substantial increase in the cash credit outlay, so that the Kisan Credit Cards will be of any use to the farmers.

On the issues of Crop Insurance the State Government claimed that in the year 2006-07 nearly 3.15 lakh farmers were included in the Crop Insurance Scheme, mostly of them are cotton growers but PIL Petitioner pointed out that The crop insurance benefit is available only to the 32% farmers. The State should take necessary steps to include all farmers in the crop insurance scheme and arrange to extend the benefits thereof.

On the issues of Direct Assistance to farmers, the Government claimed that

60,000 beneficiaries are selected for Rs.25000 assistance and the assistance of Rs.66 crores is given to 57,000 beneficiaries which includes distribution of bullock pairs, electric/petro kerosene pumps etc.

However, PIL Petitioner pointed out that There are serious complaints of malpratices and irregularities in the selection of beneficiaries and also in the quality of items provided in this scheme of direct assistance to the farmers. All the complaints to be investigated through CID or special branch of police and guilty officials must be prosecuted and punished. In view of such complaints, State to review the scheme and to provide direct cash benefit to the farmers instead of the items being provided by the Agriculture Deptt. under the scheme. The scheme of incentives needs to be reviewed as there are large scale of complaints in the seed replacement and cropping intensity. There are complaints that, the beneficiaries selected under the Well Digging Programme are selected by political interference. Hence, the scheme be reviewed suitably.

At the time of earlier hearing on 04th Oct. 2007 the Hon’ble High Court while examining the above affidavit of the Government categorically observed “……………… Waiver of loan and evolving of methodology and schemes by itself, in our view, would not provide long lasting solution or eradicate the serious issue of commission of suicides by farmers. So a detailed affidavit to be filed again by the State Government stating the steps to be taken in light of suggestions made by the Petitioner”.

Accordingly State Government again filed affidavit on 30th November, 2007 submitting before the Court that (1) Since 01.07.2006 total investment envisaged in the package is Rs.3750 crores. Of this, waiver of interest and other services are less than 20% of the total package. Investment proposed for assured irrigation – 2177 crores to create an irrigation potential of 1.59 lakh hectare. Allocation till today Rs.1866 crores, Rs.810 crores spent creating irrigation potential of 45860 hectare. 15 major and medium projects, 557 minor projects will be completed. For sprinkler irrigation programme target of Rs.78 crores fixed. Under National Horticulture Mission Rs.225 crores are to be spent. 4126 farm families have been assisted with 2 milch animals and 6891 farm families under the calf breading programme, under state package 5438 beneficiaries are assisted with milch animals. 4305 groups have been assisted with sheep and goats. The dairy programme is planned. In response to the above affidavits of the Government the Petitioner categorically pointed out that The State must provide details of its claim regarding creation of the irrigation potential. It must make a statement that the amount received from the Central Government was spent on new projects and not in the payment of the outstanding of the contractors pertaining to the earlier bills of those contractors for the period earlier to the declaration of package. The State should submit the detailed scheme / GR pertaining to the Sprinkler Irrigation Programme and should submit the information as to how much amount out of Rs. 78 Crores is targeted to be spent for the 6 suicide prone districts of Vidarbha. The State should submit the detailed scheme / GR pertaining to the National Horticulture Mission and should submit the information as to how much amount out of Rs. 225 Crores is targeted to be spent for the 6 suicide prone districts of Vidarbha. There is no mention about this.Govt. to review the success of the scheme of providing milk animals so far provided to the farm families or the groups. There are large complaints about the price / cost of the animals purchased, which is found to be doubled than the subsidy elements. Hence, it is need of hour to review the scheme. It is suggested to give cash benefit to the distress farmers so that they can buy the milk animals of their choice as suitable to the climatic conditions prevailing in the villages.

On the occasion of last hearing on 07th December, 2007, in which the Advocate General Adv. Sh. Ravi Kadam, appealed before the Hon’ble Court and pleaded to dismiss and dispose off the present PIL but Hon’ble Court refused and declined to accept the plea made by the Adv. General and was pleased to direct the petitioner to submit the chart / statement in details showing the issues which are required to be dealt with by the respondents having regard to the statements made by the respondents in several affidavits filed from time to time, so far in matter of this grave importance as it is pertaining to the life & liberty of the poor farmers who all are constraints to commit unfortunate suicides which are continued since last couple of year in Vidarbha inspite of tall claim made by the Government. Accordingly, the PIL Petitioner filed the detailed statement / chart as above. The Petitioners counsel Adv. Firdos Mirza and Adv. Vinod Tiwari also submitted that the Govt. Resolution dated 16.12.05 (pg.156) is issued for establishment of the Vasantrao Naik Sheti Swawalamban Mission but only two posts are created i.e. the Director General and his Driver no other staff is given. May be this is the reason why no officer is ready to work in this post and the implementation of the package is adversely affected. Hence the State may kindly be directed to take steps for making the provision of additional staff as required in addition to appointment of permanent Director General. In regard to food security the State should include the farmers in distress in the scheme of “Antyodaya” under Public Distribution System or any other similar food security scheme.

c) The State Govt. before the Hon’ble Division Bench at Bombay has agreed to broaden the original criterion and to reconsider all the cases of suicide which has occurred after 1st Jan 2001 on the part of the agriculturist and including the cases which were initially found ineligible. But the material on website uptill 15th Nov 07 shows that total number of suicides reported till that date are 3679 and out of them only 1487 were found eligible and 2064 were rejected. In the year 2007, total number of suicides reported are 1062 but only 196 were found eligible by the government i.e. around 15% only. This shows that the Govt. is deliberately omitting the families of the farmers committed suicides because of the apathy of the government and is violating the undertaking given by it before the Hon’ble Division Bench at Bombay. The State must make it clear as to what were the reasons for discarding cases of 2064 families. Based on the farmers family survey report dated 15.06.2006 the Govt. website demonstrates that 92,456 farmers families are facing serious ailments/illness, it is the need of hour to support these families by issuing Health Cards so that they can approach all the Government hospitals without any fear of not having money. The Survey report dated 15.06.2006 further indicated that out of 17,64,438 farmers families surveyed in 6 suicide prone district of Vidarbha there are 4,34,291 families which are in extreme distress category. These distress families needs support of food security and therefore, Govt. must come with the scheme of supply of food security at par with the Antodaya Scheme of Supply of Food grains under PDS or any other suitable scheme for the welfare of these 4,34,291 families in extreme distress categories in which the unfortunate incidence of suicides are occurring. The Petitioner has submitted detailed Memorandum to Hon’ble Chief Minister of Maharashtra and also to the Respondents, in respect of the problem of the farmers in distress. The Govt. is yet to initiate concrete steps to help the farmers families in distress category. The Petitioner also crave leaved of this Hon’ble Court to refer to and / or submit the said Memorandum submitted to the Govt. / Respondents from time to time in the subject matter of the unfortunate incidence of Farmers’ suicides and the crisis being faced by the Cotton Cultivating Farmers of the Vidarbha.

As per the High Court Order, the State Government is required to its affidavit in reply to the today detailed chart/ statement submitted by the PIL Petitioner in the High Court today.

The matter will be listed for further hearing on 1st February, 2008 before the Division Bench of High Court at Nagpur.

Kindly arrange to release this important news in your esteemed daily.

Thanking you,

Yours faithfully,

Santosh Netam,

Media Incharge, Vidarbha Jan Andolan Samiti, Nagpur.


IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR

Criminal Writ Petition (PIL) No.57/2006

PETITIONERS : Kishor Tiwari and 1 another

/VERSUS/

RESPONDENTS : The State of Maharashtra and

9 others.

STATEMENT / CHART SUBMITTED BY THE PETITIONER IN COMPLIANCE

WITH THE ORDER DATED 07.12.07 PASSED BY THIS HON’BLE COURT

Dates

Chronological Events

Petitioners submission w.r.t. Issues required to be dealt with by the respondents

Feb.06

The instant petition highlighting issue of unfortunate incidence of farmers suicides and inaction of the state machinery was filed.

24.02.06

This Hon’ble Court issued notices

05.06.06

The respondents were granted last chance to file reply.

14.06.06

Because of the failure of respondents to file reply, the Hon’ble Court imposed cost of Rs.1000/- each against the respondents.

11.07.06

The respondents tendered apology, hence the order of cost was recalled.

The government was directed to display the information regarding all steps taken by the government to avoid farmers suicide. It was directed that the information on the web site should include not only the steps taken but the information regarding the effect of such steps taken, the benefits and the beneficiaries of such steps and all the relevant information.

Affidavit dt. 26.06.06

The State filed affidavit in reply dated 26.06.06 having following statements:-

a) The state government is also implementing the directions and suggestions given by the Hon’ble High Court by its judgment dated 5th May, 2006 in addition to implementation of the package announced for the farmers in Vidarbha. (para 8)

b) the government is promoting Soyabean and other horticulture crops as alternate to cotton crop. (para.9b)

c) The State Agriculture Universities have not recommended cultivation of Bt. Cotton and the agriculture department is also not recommending yet. (para 9c)

d) There are 63 full time and 885 part time Inspectors are appointed in the state of Maharashtra for quality control to control 252 state level licenses 33,243 District level licenses of the seeds dealers. (para 9d).

e) The rate of Bt. Cotton seeds was reduced (para 9h)

f) Rs.2.31 crore is to be spent on training and demonstration to be given to the farmers for improving productivity of cotton crop and for reducing the cost of cultivation. This training is in respect of varieties of cotton approved by the agriculture universities of the state, which does not include Bt. Cotton (para 9j).

g) Rs.240 crores have been disbursed to the farmers under the scheme of rescheduling of loans and waiver of interest. (para 9k)

h) Subsidy of Rs.1000/- per hector subject to a maximum of 2 hectors is extended. The scheme of community marriage is floated. The secondary occupation through animal husbandry, water conservation and integrated agricultural development is being promoted (para 9m).

g) The government has decided to make a village wise survey to identify all the families which are in a situation of acute distress. (para 9n)

h) One of the serious complaints relate to the provision of assessment to the suicide affected family. It is true that due to procedural issues many families did not get such assistance. The government has undertaken review of the suicide cases where the assistance has not been made available by constituting district level committees. In the review process almost 1000 families were given assistance of Rs.1,00,000/- each. (para 9o)

i) To provide crop loans at the rate of 6% interest. (para 9p).

j) The government has taken a decision that the farmers who have taken loan from unlicensed money lenders should not be under any obligation to repay these loans. (para 9q)

k) The state government has established Vasantrao Naik Sheti Swavalamban Mission for effective implementation of the entire package to address effectively the issue of farmer’s suicide. A senior government officer has been posted as the Director General of the aforesaid mission. (para 9r)

Petitioner would like to refer to the Judgment dated 05.05.2006 delivered by Hon’ble Division Bench at Bombay

Para 21.1(pg.25) measures to alleviate indebtedness.

Interest on outstanding loans to be written off Rs.61 crores.

The principal amount to be rescheduled over a period of next 5 years Rs.203 crores.

To ensure implementation of the package in letter and sprit, the government will nominate an IAS Officer in the suppertime scale and designate him as Director General of the scheme.

The Hon’ble Court expected that the scheme should not remain an ornate, impressive on paper but deficient in implementation.

Petitioner’s humble submissions that :-

The State since last 2 ½ years has failed to provide a full time Director General for implementation of the package. As on today also Commissioner Amravati is holding additional charge. Till today about six officers are changed though section 3 of the Maharashtra Govt. Servants Regulation of transfers … Act 2005 prescribes for normal tenure of the officer 3 years.

The State has to immediately make arrangement for appointment of full time Director General for full tenure in compliance with the above judgment.

According to affidavit dated 03.09.2007 the State has paid Rs.825 crores from P.M. package and Rs.240 crores from State package towards interest waiver. The total overdue as on 30.6.06 was Rs.1407 crores.

The State has to make it clear how the amount as reflected in the judgment dated 05.05.2006 has increased in multi folds ?

The State must place on record the results of village wise survey made by it to identify all the families which are in a situation of acute distress, along with the action taken report regarding the causes came on record for the distress.

04.08.06

The petitioner made various suggestions long term and short term for betterment of the farmers.

Immediate reliefs / steps required.

i) Establishment of the Nodal office at Yavatmal.

ii) Provision for credit facilities.

iii) Food security

iv) To create atmosphere of faith about government scheme in the farmers.

Long Term measures.

i) Reasonable support price to the farm products.

ii) Crop insurance scheme.

iii) Periodical review of the implementation

iv) Educating the farmers in respect of changing weather, changing crop system.

v) Quarterly audit of the funds disbursed.

07.08.06

A) The government has made web site operational bearing information about the rehabilitation steps taken by the state. The contents of the web site are

i) causes of farmers suicides – reports of TISS, Mumbai, IGIDR, Mumbai, Yashada, Pune.

ii) Overview of special package.

iii) Government resolutions about implementation of package.

iv) Status of implementation of various measures in relation to relief and rehabilitation.

v) Link of web sites of six Collectorates under the special package.

vi) Links of web sites of concerning departments.

b) The Collectors of district under package or directed to upload taluka wise information regarding the implementation of various measures under the special package. The collectors are also instructed to make available village wise list of beneficiaries at the Tahsil and Block offices for public inspection and also publicize this through their respective web sites which would be available as link sites.

The State has to make a statement that the details about the beneficiaries along with their names is uploaded to the website as till today the petitioner could not found it on the website.

It has to also make a statement that the website is updated.

Order dt. 07.08.06

After considering the affidavit dated 07.08.2006, the Hon’ble Court recorded undertaking of the state regarding updating the website and ensuring inclusion of proposed measures to be undertaken to avoid farmers suicide. The respondents were directed to respond on the suggestions given by the petitioners.

13.07.07

The learned APP was directed to prepare synopsis giving chronology of steps taken by the concerned authorities on the basis of suggestions/scheme evolved by the mission or any of the competent authority in this regard including updating website.

Affidavit dt 02.08.07

In its affidavit dated 02.08.2007, State submitted before the Hon’ble Court that –

a) The web site is being updated from time to time. It updated upto 30th June, 2007.

b) The suggestions given by petitioners have been replied, giving details of steps taken by government.

c) The state government is not giving compensation but providing ex-gratia assistance of one lakh to the family of the farmers who committed suicide.

d) State government is preparing detailed guidelines in view of National Agriculture Policy. District Level Agriculture Management Training Agency has been established.

d) Strategy Research and Extension Plans for all districts are prepared.

e) National Insurance Scheme is being implemented with additional benefits.

f) Prime Ministers Special Rehabilitatoin package provides for ex-gratia assistance, debt relief to farmers, credit flow, interest waiver, assured irrigation, seed replacement, micro irrigation, extension services and subsidiary income schemes. Status of implementation of the packages are on the website.

Judgment dated 05.05.2006 directed the State to take a decision on whether the compensation fixed at Rs.One lacs should be suitably enhanced to ensure that a more realistic amount is made available to the members of the family of a deceased cultivator.

The State Govt. till today has not increased the amount but now are stating that it is
ex-gratia from Prime Ministers package.

The State has to take a decision in favour of the farmers.

06.08.07

This Hon’ble Court sought more information from the State and expressed that if the farmers are not provided with the necessary assistance when it is needed in that event the purpose for which such packages are evolved is likely to be frustrated. The Principal Secretary (Relief and Rehabilitation) to file his affidavit.

Affidavit dt. 03.09.07

In its affidavit dated 03.09.2007, the State submitted that -

(1) The state package provides for :-

a) Arrangement for fresh crop loan

b) Subsidy on the crop insurance premium

c) Financial assistance to farmers for enhancing production and productivity.

d) Promotion of joint farming in cotton.

e) Encouraging subsidiary occupation like Dairy, Poultry etc.

f) Repayment of amount from Capital Formation Fund

(2) The Prime Ministers package aims at:-

a) Establishing a sustainable and viable farming and livelihood support system through debt relief to farmers.

b) Improved supply of institutional crop credit.

c) Micro irrigation

d) Assured irrigation facilities.

e) Watershed management.

f) Better extension and farming support etc.

(3) The total number of farmers in the six affected districts is 1764438 and cotton growing farmers 1205282.

(4) Cash Credit :- The survey conducted by the month of May, 2006 shows that the demand for loan by the farmers in six districts is nearly Rs.2975/- crores and during last financial year the agricultural credit amounting to Rs.2012 crores is distributed.

The need of cotton growing farmers came out to be Rs.1200 crores.

During 2007-08 till now Rs.1254 crores loan is distributed to 4.74 lakh farmers.

Rs. 396 crores were distributed as refund of 3% of share capital under cotton monopoly scheme in the year 2006-07.

In 2005-06 Rs.880 crores were distributed as annual credit which was increased Rs.2012 crores in the year 2006-07.

(5) Procedure of repayment of Loan:-

a) The outstanding amount of Rs.1407 crores was overdue on 30th June, 2006 and was rescheduled.

b) Interest waiver of Rs.825 crores was given.

c) One year moratorium is given for the repayment of loan amount but for the loan disbursed during 2006-07 borrowers were to repay the loan before 31.3.07.

(6) Kisan Credit Card:-

a) 2005-06 6.59 laks KCC distributed.

b) 2006-07 3.80 laks KCC distributed.

c) All eligible borrowers can avail the facility of KCC as and when they approach banks for the fresh loans.

(7) Crop Insurance:-

In the year 2006-07 nearly 3.15 lakh farmers were included in the Crop Insurance Scheme, mostly of them are cotton growers.

(8) Direct Assistance to farmers:

60,000 beneficiaries are selected for Rs.25000 assistance and the assistance of Rs.66 crores is given to 57,000 beneficiaries which includes distribution of bullock pairs, electric/petro kerosene pumps etc.

(9) Other incentives:-

a) Promotion of Organic Agriculture – Rs.9.59 crores spent and further provision of Rs.7.95 crores is made

b) Joint farming

c) Seed replacement and cropping intensity.

d) digging of 64 thousand wells and farm ponds is planned.

The affidavit shows that the outstanding amount of Rs.1407 crores overdue loan as on 30.06.06 was rescheduled. The interest waiver of Rs.825 crores has been given from P.M. package and of Rs.239.12 crores from the State package.

This amount is much more than mentioned before the Hon’ble Division Bench at Bombay and reflected in judgment dated 05.05.2006.

The state has to explain that how the amount is increased and whether the borrower/farmer is enquired as to whether the amount is outstanding against him.

The State shall also have to explain that what was the mechanism for cross checking the amount demanded by the banks ?

The Cash Credit Facility provided to the farmers in 6 districts of Vidarbha is substantially reduced during the year 2007-08. As against the demand of Rs. 3,186 Crores, only Rs. 1,254 Crores were distributed to the farmers. It is required that, all the farmers has to be provided with need based cash credit facilities, to in order to avoid the farmers being trapped in the net of private moneylenders and exploiters. The affidavit of Govt. shows that, there is considerable reduction in the cash credit outlay being made available for the year 2007-08. The concrete steps are required to be taken to increase the cash credit outlay atleast to Rs. 3000 Crores, so that maximum farmers to get advantage of cash credit facilities from the banks.

As the outstanding amount overdues till continues, State to take further steps to reschedule the outstanding amount overdue for a further period of atleast 3 years, as the farmers needs such support at this stage.

The state has to make a positive statement that the period of moratorium and interest rate is incompliance with the policy and guidelines of Reserve Bank of India and the NABARD and also to take further steps to provide extra moratorium period in view of the extreme crisis faced by the farmers in 6 suicides prone districts of Vidarbha.

The State govt. should arranged to provide Kisan Credit Cards to all farmers along with substantial Cash Credit as per the need by increasing the cash credit outlay, which is required at present Rs. 3000 Crores instead of current years cash credit outlay which was only Rs. 1450 Crores. Hence, there is need of substantial increase in the cash credit outlay, so that the Kisan Credit Cards will be of any use to the farmers.

The crop insurance benefit is available only to the 32% farmers. The State should take necessary steps to include all farmers in the crop insurance scheme and arrange to extend the benefits thereof.

There are serious complaints of malpratices and irregularities in the selection of beneficiaries and also in the quality of items provided in this scheme of direct assistance to the farmers. All the complaints to be investigated through CID or special branch of police and guilty officials must be prosecuted and punished. In view of such complaints, State to review the scheme and to provide direct cash benefit to the farmers instead of the items being provided by the Agriculture Deptt. under the scheme.

The scheme of incentives needs to be reviewed as there are large scale of complaints in the seed replacement and cropping intensity. There are complaints that, the beneficiaries selected under the Well Digging Programme are selected by political interference. Hence, the scheme be reviewed suitably.

04.10.07

The Hon’ble Court observed “it is no doubt true that efforts are being made by the State Government to tackle the issue of commission of suicides by the cotton growing farmers in the 6 districts of Vidarbha region. However, waiver of loan and evolving of methodology and schemes by itself, in our view, would not provide long lasting solution or eradicate the serious issue of commission of suicides by farmers”

Affidavit dt. 30.11.07

In its affidavit dated 30.11.07, the State submitted that :-

(1) Since 01.07.2006 total investment envisaged in the package is Rs.3750 crores. Of this, waiver of interest and other services are less than 20% of the total package.

(2) Investment proposed for assured irrigation – 2177 crores to create an irrigation potential of 1.59 lakh hectare. Allocation till today Rs.1866 crores, Rs.810 crores spent creating irrigation potential of 45860 hectare. 15 major and medium projects, 557 minor projects will be completed.

(3) For sprinkler irrigation programme target of Rs.78 crores fixed.

(4) Under National Horticulture Mission Rs.225 crores are to be spent.

(5) 4126 farm families have been assisted with 2 milch animals and 6891 farm families under the calf breading programme, under state package 5438 beneficiaries are assisted with milch animals. 4305 groups have been assisted with sheep and goats. The dairy programme is planned.

The State must provide details of its claim regarding creation of the irrigation potential. It must make a statement that the amount received from the Central Government was spent on new projects and not in the payment of the outstanding of the contractors pertaining to the earlier bills of those contractors for the period earlier to the declaration of package.

The State should submit the detailed scheme / GR pertaining to the Sprinkler Irrigation Programme and should submit the information as to how much amount out of Rs. 78 Crores is targeted to be spent for the 6 suicide prone districts of Vidarbha.

The State should submit the detailed scheme / GR pertaining to the National Horticulture Mission and should submit the information as to how much amount out of Rs. 225 Crores is targeted to be spent for the 6 suicide prone districts of Vidarbha. There is no mention about this.

Govt. to review the success of the scheme of providing milk animals so far provided to the farm families or the groups. There are large complaints about the price / cost of the animals purchased, which is found to be doubled than the subsidy elements. Hence, it is need of hour to review the scheme. It is suggested to give cash benefit to the distress farmers so that they can buy the milk animals of their choice as suitable to the climatic conditions prevailing in the villages.

07.12.07

The Hon’ble Court directed the petitioner to submit the chart showing the issues which are required to be dealt with by the respondents having regard to the statements made by the respondents in several affidavits filed from time to time.

As submitted above.

In addition to above, the Petitioner humbly point out and submit that :-

a) The Govt. Resolution dated 16.12.05 (pg.156) is issued for establishment of the Vasantrao Naik Sheti Swawalamban Mission but only two posts are created i.e. the Director General and his Driver no other staff is given. May be this is the reason why no officer is ready to work in this post and the implementation of the package is adversely affected. Hence the State may kindly be directed to take steps for making the provision of additional staff as required in addition to appointment of permanent Director General.

b) In regard to food security the State should include the farmers in distress in the scheme of “Antyodaya” under Public Distribution System or any other similar food security scheme.

c) The State Govt. before the Hon’ble Division Bench at Bombay has agreed to broaden the original criterion and to reconsider all the cases of suicide which has occurred after 1st Jan 2001 on the part of the agriculturist and including the cases which were initially found ineligible. But the material on website uptill 15th Nov 07 shows that total number of suicides reported till that date are 3679 and out of them only 1487 were found eligible and 2064 were rejected. In the year 2007, total number of suicides reported are 1062 but only 196 were found eligible by the government i.e. around 15% only. This shows that the Govt. is deliberately omitting the families of the farmers committed suicides because of the apathy of the government and is violating the undertaking given by it before the Hon’ble Division Bench at Bombay. The State must make it clear as to what were the reasons for discarding cases of 2064 families.

Based on the farmers family survey report dated 15.06.2006 the Govt. website demonstrates that 92,456 farmers families are facing serious ailments/illness, it is the need of hour to support these families by issuing Health Cards so that they can approach all the Government hospitals without any fear of not having money. The Survey report dated 15.06.2006 further indicated that out of 17,64,438 farmers families surveyed in 6 suicide prone district of Vidarbha there are 4,34,291 families which are in extreme distress category. These distress families needs support of food security and therefore, Govt. must come with the scheme of supply of food security at par with the Antodaya Scheme of Supply of Food grains under PDS or any other suitable scheme for the welfare of these 4,34,291 families in extreme distress categories in which the unfortunate incidence of suicides are occurring.

The Petitioner has submitted detailed Memorandum to Hon’ble Chief Minister of Maharashtra and also to the Respondents, in respect of the problem of the farmers in distress. The Govt. is yet to initiate concrete steps to help the farmers families in distress category. The Petitioner crave leaves of this Hon’ble Court to refer to and / or submit the said Memorandum submitted to the Govt. / Respondents from time to time in the subject matter of the unfortunate incidence of Farmers’ suicides and the crisis being faced by the Cotton Cultivating Farmers of the Vidarbha.

NAGPUR

ADV. FIRDOS MIRZA – ADV. VINOD TIWARI

Dt. 20/12/07 COUNSEL FOR THE PETITIONERS.