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10th March 2003
Gene Campaign Demanding Compensation Payable under PVP & FR
Act, 2001 for Failure of the Bt Cotton Variety.
Text of letter sent by Gene Campaign to the Agriculture Minister,
Sri Ajit Singh, demanding Compensation payable under PVP FR Act, 2001 for
failure of the Bt cotton variety.
Dear Sri Ajit Singh
The results from the first commercial cultivation of Bt cotton
are coming in and all evidence points to the fact that the
crop has not done well. It has reportedly failed in Andhra
Pradesh and Maharashtra. To protect the interests of the
farming community, we request you to take immediate steps to
ensure that Mahyco- Monsanto, the company that owns the failed
Bt Cotton variety, is made to pay adequate compensation to
those farmers who have recorded crop losses. This is in fact
mandated in the Indian law.
According to the law, any company that provides poor quality
seeds, the performance of which does not match the claims made
by the company, is to be held liable for the failure of the
variety.
The Protection of Plant Varieties and Farmers’ Rights Act,
2001 provides for a liability clause, by which farmers are
protected from being deceived by the producer or seller of the
seed. The Act states that other conditions being stable, if
the seed sold to the farmer fails to realize its expected
potential viz. in areas like yield, quality, pest resistance,
etc; as had been disclosed by the breeder, the farmer will
retain the right to claim compensation from the breeder of
that variety. The determination of the validity of such a
claim will be by the Protection of Plant Varieties and
Farmers’ Rights Authority.
According to the law, any company that provides poor quality
seeds, the performance of which does not match the claims made
by the company, is to be held liable for the failure of the
variety.
I invite your attention to the relevant section of the law.
Clause 39(2) of the act states that:
"Where any propagating material of a variety registered under
this Act has been sold to a farmer or a group of farmers or
any organization of farmers, the breeder of such variety shall
disclose to the farmer or the group of farmers or the
organization of farmers, as the case may be, the expected
performance under given conditions, and if such propagating
material fails to provide such performance under such given
conditions, the farmer or the group of farmers or the
organization of farmers, as the case may be, may claim
compensation in the prescribed manner before the
Authority......" (Emphasis added)
It is important to take action against Mahyco- Monsanto and
ensure compensation is paid by them to farmers so that
farmers, as so often in the past, are not made the guinea pigs
of new, uncertain technologies and then left to fend for
themselves when the product does not work. It is also very
important for the Indian authorities to demonstrate that
having put in place a new law to protect the farmers, they
will not hesitate to invoke the law to procure the rights that
are due to farmers, that they will not let big companies get
off the hook.
Bt cotton is the very first GM crop to be grown in this
country. It is therefore particularly necessary in this case
to set the correct precedence and to send the right signals,
that the implementation of GM technology will not be done in a
shoddy, careless manner and if the technology is poor, the
farmer will not be allowed to suffer.
It is the duty of the Agriculture Ministry to ensure that any
technology meant for the farmers is fully tested before they
release it for use. If there has been a lapse, and the
technology has failed to deliver, as in this case, the
Agriculture Minister must invoke the law of the land and make
sure the farmers are compensated for the losses they have
incurred due to crop failure.
Sincerely
Sd/-
Dr. Suman Sahai
President
Gene Campaign | 