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LATEST NEWS UPDATES | Did You Think the New Laws Were Only About the Farmers? -P Sainath

Did You Think the New Laws Were Only About the Farmers? -P Sainath

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published Published on Dec 9, 2020   modified Modified on Dec 9, 2020

-TheWire.in

The laws contain among the most sweeping exclusions of a citizen’s right to legal recourse in any law outside of the Emergency of 1975-77.

“No suit, prosecution or other legal proceedings shall lie against the Central Government or the State Government, or any officer of the Central Government or the State Government or any other person in respect of anything which is in good faith done or intended to be done under this Act or of any rules or orders made thereunder.”

Welcome to Section 13 of The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 (the one aimed at gutting the APMCs).

And you thought the new laws were only about farmers? Sure, there are other laws that also exclude prosecution of civil servants for carrying out their legal duties. But this one goes way over the top. The immunity given to all those in respect of anything, acting ‘in good faith,’ whatever they do, is sweeping. Not only can they not be taken to the courts for a crime they may have committed ‘in good faith’ – they’re protected against legal action for crimes they are yet to commit (‘in good faith’ of course).

Just in case, you missed the point – that you have no legal recourse in the courts – S. 15 rubs it in.

“No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter, the cognisance of which can be taken and disposed of by any authority empowered by or under this Act or the rules made thereunder.”

Who is the ‘any other person’ doing things ‘in good faith’ who cannot be legally challenged? Hint: try listening to the names of corporate giants that protesting farmers are chanting. This is about the ease of business – of very, very Big Business.

Please click here to read more.


TheWire.in, 9 December, 2020, https://thewire.in/rights/farm-laws-legal-rights-constitution


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