DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY, LUCKNOW

HUMAN RIGHTS LAW

TITLE:
Farmers’ Suicide as a Human Rights Crisis:
Relevance of Economic Rights

Submitted by Submitted to

Pravesh Shrimal Dr. Abdullah Nasir

7th Semester Assistant Professor (Law)
Enrollment no. 180101103
 TABLE OF CONTENTS

INTRODUCTION ................................................................................................................. 2
ECONOMIC RIGHTS – AN OVERVIEW ........................................................................... 3
1991 ECONOMIC LIBERALIZATION: IMPACT ON AGRARIAN CRISIS .................... 5
Changes in Cropping Patterns: A Shift towards Cash Crops .................................................. 6
Dwindling Agricultural Revenues......................................................................................... 7
Credit to the Agricultural Sector ........................................................................................... 7
ECONOMIC RIGHTS OF INDIAN FARMERS.................................................................. 9
Right to Work...................................................................................................................... 9
Right to Social Security: Including Social Insurance ............................................................. 9
Right of Everyone to Adequate Standard of Living: Including Right to Food ........................10
CONCLUSION.................................................................................................................... 12
BIBLIOGRAPHY................................................................................................................ 13
Articles...............................................................................................................................13
Online Resources ................................................................................................................13

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 INTRODUCTION

It is a known fact that rural India was based on an extremely backward and impoverished social
formation amidst the variegated development related issues such as lack of assets and resources,
landlessness, poverty and indebtedness among others. The Indian agricultural sector that has
traditionally subsumed the largest proportion of working population in its fold has remained
relatively backward in terms of productivity, technological adoption as compared to other sectors
since its plight began in the 19th century. One of the more recent phenomenon has been the
increase in the number of suicides arising out of agrarian crisis.

The fact that suicides are linked with high degree of indebtedness among farmers is seen as being
suggestive of a general misery of Indian farmers caused by the unbearable burden of debt
pushing them on the verge of bankruptcy. The indebtedness, however, is not the sole factor that
can push such a large number of farmers going to the gallows.

This project work looks into the possible association of phenomena brought about by liberalizing
reforms of 1991 to the increasing incidence of farmers’ suicides in India by venturing into three
facets of these reforms that brought about changes in the socio-economic lives of the farmers,
namely – (i) Cash crops; (ii) Agricultural revenues; (iii) Institutional credit. The effect of this
transition has further been seen in the light of three specific Articles – Art. 6, 9 and 11 of the
binding treaty obligation under International Covenant on Economic, Social and Cultural Rights
(ICESCR) which India has ceded to.

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 ECONOMIC RIGHTS – AN OVERVIEW

Since 1945, the United Nations has been instrumental in Standard Setting and since then it has
created treaties and other documents that set out universally recognized human rights. In 1948,
UN adopted the Universal Declaration of Human Rights (UDHR) which enshrines ‘fundamental
human rights to be universally protected’ and it recognizes inherent dignity along with equal and
inalienable rights as foundational principles for freedom justice and peace in the world for all
humans.1 In 1966, most of the norms in the UDHR were enshrined in two legal documents: the
International Covenant on Economic, Social and Cultural Rights (‘ICESCR’) and the
International Covenant on Civil and Political Rights (‘ICCPR’). The three documents are often
collectively known as ‘The International Bill of Rights’. 2 By becoming part of the treaties, states
are obliged and duty bound to respect, protect and fulfil human rights.3 Although, under
International Human Rights Law, obligation is traditionally placed upon States, transnational
corporations and other business enterprises must as a baseline, respect human rights. 4

While ICCPR commits the parties to respect civil and political rights, ICESCR provides legal
framework to protect basic economic, social and cultural rights such as right to work, right to
social security, right to food, etc. For this reason, it is pertinent to understand the importance of
rights enshrined under ICESCR, which India has ratified and has adopted into its legal
framework along with realization of such rights, when we talk about wellbeing of Indian farmers
and agrarian crisis, under this research article.

Agriculture along with its allied sources, accounts for the largest source of livelihood in India,
with 70% of rural household’s income dependent upon it and 82% of farmers are small or
marginal. Agriculture in India accounted for 23% of GDP and it employed 59% of total
workforce in 2016.5 While agriculture remains one of the largest sectors in employment, it is a

1
Preamble to UDHR.
2
Sarah Joseph and Joanna Kyriakakis; ‘The United Nations and human rights’
3
International Human Rights Law, Office of the High Commissioner for Human Rights (UN Human Rights)
<https://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx> accessed October 14, 2021.
4
ibid.
5
FAO in India <http://www.fao.org/india/fao-in-india/india-at-a-glance/en/> accessed October 14, 2021.
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harsh reality that efforts for agrarian reforms, in order to revolutionize the sector to benefit
farmers sans political motive are a rarity. Furthermore, it is interesting to note that no data is
available on the level of poverty among Indian farmers though it has been noted by Niti Ayog
that broadly, 80% of poor in India are dependent upon agriculture or allied work. National Crime
Records Bureau reveals that in the year 2018, a total of 10,349 farmers committed suicide in
India. Between 1995 and 2012, the NCRB reported 284,673 farmers’ suicides, which accounts
for 13.9% of all reported suicide deaths. 6 After 1997, there has been steep rise in farmers’ suicide
with an all-time highest in the year of 2003-04.

Some of the ICESCR’s article most relevant in tackling Farmers’ Rights –

 Article 6: right to work

 Article 9: right to social security, including social insurance
 Article 11: right of everyone to adequate standard of living, including right to food.

6
Farmers’ Suicides in India, 1995-2012: Measurement and interpretation, Surjit Mishra.
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 1991 ECONOMIC LIBERALIZATION: IMPACT ON AGRARIAN CRISIS

The late 1980s and early 1990s period ushered in an era of neoliberal reform policies in different
sectors of the Indian economy with the agricultural sector not being an exception. Whether these
policies involved the introduction of genetically modified (Bt) crops, increased usage of cash
crops or changes in irrigation techniques, they have resulted in an increase in the cost of inputs
while making the price of produce to fall or become volatile and thereby affecting the lives of the
farmers and the agricultural laborers. The pertinent question that arises while looking at a
relation between policy changes and the phenomenon of farmer suicides is – What is leading a
large number of farmers to commit suicides? An answer to this could be an enduring agrarian
crisis fuelled by a large mounting and unsustainable levels of indebtedness. 7 A systematic rising
mismatch between farm incomes and expenditures over the last three decades has been identified
as the broad cause that has led to this unceasing problem.

India’s pre-economic reforms approach towards solving agrarian problems had been criticized by
international financial institutions such as the World Bank for creating barriers to agricultural
growth by adopting trade protectionist policies and creating unfavorable terms of trade. 8
Therefore, the liberalization chapter was seen as a corrective measure that would lead to higher
price of agricultural produce thereby incentivizing agricultural activity and spurring growth in
the sector. It was felt that India should change its cropping pattern by focusing on crops such as
fruits, vegetables and flowers in which it has comparative advantage so as to maximize gains and
efficiency in the sector.9 Raising land ceilings, deregulation of agricultural credit, increased role
of private sector and putting brakes on state led reform program were sought as means to achieve
the ends of making agricultural sector competitive, efficient and productive. 10

7
T.C. Chandrashekar, ‘Farmers Suicide in the Corporate Economy of India: An Analytical Study’ (2015) 72(9)
A GRICULTURAL SITUATION IN INDIA.
8
G.R. Sahay, ‘Globalization, Liberalization and Agrarian Distress: A Study of Suicides among Farmers in India’
(2010) <http://olumn.globallabouruniversity.org/fileadmin/GLU_conference_2010/papers/51._Globalisation__Liber
alisation_and_Agrarian_Distress.pdf> accessed October 16, 2021.
9
ibid.
10
Sahay, (n. 2).

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Changes in Cropping Patterns: A Shift towards Cash Crops

With the liberalizing measures in place, many foreign agro companies viewed India as a
potential place for giving a stimulus to their agro based industries through increased cultivation
of commercial crops. Many farmers too became hopeful of reaping the benefits of export
opportunities and higher prices in the world market, thereby making a switch to cash crops from
food crops.11 This is seen from the fact that by mid-1990s, almost seven million hectares of food
crop land was cultivating export crops, at a time when export growth was high.12 The prominent
cash crops that underwent an area expansion were cotton, sugarcane, soya bean, horticulture and
floriculture. The consequence of this was a steep fall in the food grain production, which
threatened the status of India as a ‘food secure’ country. The proponents of economic reforms,
however, argue that this slowdown is not reflective of a structural crisis in Indian agriculture, but
of a change in consumption patterns due to rise in income levels. Even if the former part of the
argument is true, this does not depend upon the latter. As per NSSO data, per capita calorie
intake per day in rural India fell from 2266 Kcal. in 1972-73 to 2149 Kcal. in 1999-2000.13 This
drop was more evident among the poorer sections of the society. With falling calorie intake
alongside higher levels of malnutrition among rural populace, this could only be indicative of an
agricultural crisis.

According to a study,14 farmers cultivating cash crops are more susceptible to falling into a debt
trap if one of their high cost cash crop fails. This is because the investment made in these crops is
significantly higher and their use increases their vulnerability to global price fluctuations. More
so it is the cash crop cultivators with marginal landholdings that are more at risk of becoming
indebted and hence committing suicide. In areas where the proportion of marginal farmers is
high, a positive correlation has been found between cash crop cultivation and male suicide rates

11 S. V. Menon, ‘Globalization, State and Disempowerment: A Study of Cotton Farmers’ Suicides in Warangal’
(2006) <http://mpra.ub.unimuenchen.de/1633/> accessed October 14, 2020.
12
U. Patnaik, ‘Global Capitalism, Deflation and Agrarian Crisis in Developing Countries’ (2003) 15 UNRISD.
13
Sahay, (n. 2).
14
S. Mishra, ‘Suicide of farmers in Maharashtra’ (2006)
<http://www.igidr.ac.in/conf/suicide/FinalReport_SFM_IGIDR_26Jan06.pdf> accessed October 15, 2020.
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amongst marginal farmers, indicating that the agrarian crisis hits out more severely at the weaker
and most vulnerable section of the socioeconomic scale. 15

Dwindling Agricultural Revenues

One of the effects of shifting to cash crops has been a decline in farm incomes. The primary
reason for this can be attributed to a simultaneous rise in the costs of agricultural production and
stagnation of revenues. 16 Over the years, there has been an increasing pressure on cultivable land
as the total cultivable area has declined while the number of operational holdings have gone up.
This implies that each operational holding is becoming smaller and smaller through years. As per
NSSO’s 70th Round of Survey on Operational Holdings,17 it is seen that the total number of
operational holdings18 (in mn.) increased from 57.07 in 1970-71 to 101.27 in 2002-03 and further
to 108.78 in 2012-13. During the same period, total operated area (in mha.) decreased from
125.68 to 107.65 to 94.48. 19 Therefore, the average operated area (ha./holding) came down from
2.20 to 1.06 to 0.87. Thus, the decreasing size of operated area along with fragmentation of the
same has resulted in smaller production units making it difficult to employ improved
technologies of production, therefore resulting in stagnation of yield and farmers’ revenues.

Credit to the Agricultural Sector

The initial gains in the disbursal of priority sector loans towards agricultural credit started to
disappear after financial liberalization. The share of agricultural credit in the total loan disbursals
increased substantially from 10% in mid 1970s to top at 18% till late 1980s.20 However, since the
reforms set in, the reversal of the trends started with the share coming down to 11% in 2005. 21

15
J. Kennedy, L. King, ‘The Political Economy of Farmers’ Suicides in India: Indebted Cash-crop Farmers with
Marginal Landholdings Explain State-level Variation in Suicide Rates’ (2014) 10 GLOBAL HEALTH.
16
Chandrashekar, (n. 1)
17
Report No. 571(70/18.1/1), ‘Household Ownership and Operational Holdings in India’ (2015) Minis try of
Statistics and Programme Implementation.
18
The report defines operational holding as all such lands used wholly/partially for agricultural production.
19
ibid.
20
Chandrashekar, (n. 1).
21
Since then the share has not regained the lost ground and is currently at 12.4% in 2017. See ‘RBI data: Agriculture
bad loans jump by 23 percent thanks to farmers’ loan waiver, demonetization’ (2018)
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With the branch expansion policy in the rural areas coming to a slowdown, the branches of
commercial banks in these areas declined from 51.2% in March 1996 to 45.7% in March 2005. 22
This inevitably meant that small and marginalized farmers had to take recourse to non-
institutional informal sources of credit such as moneylenders, landlords and even Micro finance
institutions charging exploitative interests rates ranging anywhere between 20-30% or even
more.23 The 2010 Report of the Task Force also found that the reliance on moneylenders for
farm loans had increased from 18% in 1991 to 27% in 2002.

<https://www.financialexpress.com/industry/banking-finance/rbi-data-agriculture-bad-loans-jump-by-23-
percentthanks-to-farmers-loan-waiver-demonetisation/1008842/> accessed October 17, 2021`.
22
22 Chandrashekar, (n. 1).
23
D. Singh, K.V. Eapen et al, ‘Report of the task force on credit related issues of farmers. Ministry of Agricult ure,
Government of India’ (2010) <http://indiamicrofinance.com/wp-content/uploads/2010/12/nabard-taskfore-
reportfarmers-credit.pdf> accessed October 21, 2021.
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 ECONOMIC RIGHTS OF INDIAN FARMERS

The Agrarian crisis in India impacts not only right to life but also economic rights such as right
to work, right to social security and right of everyone to adequate standard of living including
right to food. The below mentioned provides broad framework of each head and how the current
crises impediment its realization.

Right to Work

Right to work forms “an inseparable and inherent part of human dignity. Every individual has
the right to be able to work, allowing him/her to live in dignity.” 24 The Committee on Economic,
Social and Cultural rights in its 35th session, discussed that agriculture work should be properly
regulated by national legislation so that agriculture labourers can enjoy same level of protection
as other labourers.25 It is pertinent to note that a decrease in size of operated area and an increase
in operational holding have created less scope for procurement of newer and better technologies,
which could result in low returns and hence overall lower standard of living for both marginal
farmers and agriculture labourers. If we specifically talk about labour market in agriculture, then
it is characterized by low wages, high labour supply, difference in wages of men and women,
non-implementation of minimum wages as laid by the statues. Measures taken by the
government are formed by an inaccurate scope of the problem which has failed to create
adequate response to the crisis, as depicted in the framework of MGNREGS, which does not
include small-marginal farmers as beneficiary.26

Right to Social Security: Including Social Insurance

“Article 9 of the International Covenant on Economic, Social and Cultural Rights (the Covenant)
provides that, ‘The States Parties to the present Covenant recognize the right of everyone to

24
General Comment no. 18 ICESCR.
25
ibid.
26
Reddy, Duv & Reddy, A Amarender & Bhattarai, Madhusudan & Nagaraj, N. & Bantilan, Cynthia. (2018).
MGNREGS Implementations and the Dynamics of Rural Labour Markets. 10.1007/978-981-10-6262-9_3.
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social security, including social insurance.’”27 In India, many small and medium farmers are
getting low price for their produce due to increased production globally and lower demand.
Mechanism to provide resilience to small and medium farmers is need of the hour. Indian
agriculture scene is still dominated by farm level enterprises, which keep half of what is
produced for household consumption, while the rest is sold to traders at low prices. 28 Along with
it, constant climate change perils and World Trade Organization’s anti Minimum Support Price
stress calls for a robust mechanism.29 Gujarat government’s reintroduction of ‘Farm Income
Insurance Scheme’ works in a way that it insures the income difference between farmers
predicted income and his/hers actual income. Predicted income is calculated by product of unit
area yields and prices at the district level. Decrease in the predicted income due to market
fluctuations or otherwise is insured. 30 Similarly, as we now know that farmers cultivating cash
crop are susceptible to crop failure and suicides due to failure of such crops remain one of the
prime reason, policies supporting farmers at all levels are necessary.

Right of Everyone to Adequate Standard of Living: Including Right to Food

Vijay Jawanhia, a farmers’ leader from Maharashtra, quotes that children of farmers “are
inheriting debt, distress and emotional upheavals.”31 By not addressing the underlying cause of
farmer’s distress and failing to provide measures, government, at both the levels are failing to
provide adequate standard of living. Misallocation of resources, higher debt, administrative
failure as all contributing factors resulting in lower standard of living, which can be depicted
from the fact that even in the state of Punjab, which is the most agriculture intensive state in
India, 1 in every 3 farmers live below poverty line.32 When due to various reason like low yield,
farmers’ income plummets; it becomes difficult for agriculture household to afford nutritious

27
General Comment no. 19
28
‘Protecting the Small Farmer’ (2016) <https://www.thehindu.com/opinion/op -ed/protecting-the-smallfarmer/
article7065655.ece> accessed October 15, 2021.
29
ibid.
30
The Hindu, (n. 28).
31
Jaideep Hardikar, ‘Farm Suicides Turn Children Into Farmers’ (2009)
<http://ipsnews.net/news.asp?idnews=47158> accessed October 9, 2010.
32
ibid.
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food.33 In the year of 2015-16, Prime Minister of India spoke about doubling the income of
farmers by 2022-23. Taking the year 2015-16 as base year, it would require growth rate of 10.4%
per annum to double the income by 2022-2023.34 For this, Niti Ayog proposed a comprehensive
policy plan which would focus on four basic points; improving and modifying the current MSP
regime, raising productivity for small & marginalized farmers, improvement in agriculture and
land policy, and modification in current social security regime. Improvisation, targeting the basic
parameters for farmers’ wellbeing can be achieved by proper implementation, whose primary
beneficiary should be small and marginal farmers and labours from allied agriculture activities, if
India wants to achieve such aspirational target. 35

33
‘Every Thirty Minutes: Farmers’ Suicides, Human Rights and the Agrarian Crisis in India’ (2011).
34
Rohit Singh, ‘Doubling farmer's income: The case of India’ (2019).
35
ibid.

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 CONCLUSION

While India’s legal framework incorporates the spirit for implementation of ‘International Bill of
right’, its realization depends upon the law makers and their political motives. There is evidence
as depicted that the onset of India’s agrarian crisis was after Liberalization, Privatisation and
Globalisation policies of 1991 and suicide rate among farmers raised sharply till 2004 with a low
decline to this date. Full realization of human rights for farmers remains a distant dream.
Countries need to respect, protect and fulfil rights of their citizens as enshrined under ICESCR
and need to keep in check of its neo liberal policies that might affect the poorest of its people.
Although agriculture falls under state list but the treaty obligation requires that the centre must
provide framework for realization of rights enshrined under ICESCR, and the same has also been
provided under Indian Constitution. Lack of characterization of Indian agriculture sector is also
seen as one of the basic issues for improper policy formulation, as depicted in the fact that farmer
and its subset has not been defined anywhere properly in Indian legal framework. Indebtedness
time and again becomes reason for suicide in large number of Indian farmers. Such factors then
become an impediment in realization of economic rights to Indian farmers and together they
contribute to mental ill-being, which could ultimately result into farmers committing suicide.

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 BIBLIOGRAPHY

Articles
 J. Kennedy, L. King, ‘The Political Economy of Farmers’ Suicides in India: Indebted
Cashcrop Farmers with Marginal Landholdings Explain State-level Variation in Suicide
Rates’ (2014) 10 GLOBAL HEALTH.
 T.C. Chandrashekar, ‘Farmers Suicide in the Corporate Economy of India: An Analytical
Study’ (2015) 72(9) AGRICULTURAL SITUATION IN INDIA.
 G.R. Sahay, ‘Globalization, Liberalization and Agrarian Distress: A Study of Suicides
among Farmers in India’ (2010).
 U. Patnaik, ‘Global Capitalism, Deflation and Agrarian Crisis in Developing Countries’
(2003) 15 UNRISD.
 S. V. Menon, ‘Globalization, State and Disempowerment: A Study of Cotton Farmers’
Suicides in Warangal’ (2006).
 S. Mishra, ‘Suicide of farmers in Maharashtra’ (2006).

Online Resources

 D. Singh, K.V. Eapen et al, ‘Report of the task force on credit related issues of farmers.
Ministry of Agriculture, Government of India’ (2010)
<http://indiamicrofinance.com/wpcontent/ uploads/2010/12/nabard-taskfore-report-
farmers-credit.pdf>
 ‘RBI data: Agriculture bad loans jump by 23 percent thanks to farmers’ loan waiver,
demonetization’ (2018) <https://www.financialexpress.com/industry/banking-
finance/rbidata-agriculture-bad-loans-jump-by-23-percent-thanks-to-farmers-loan
waiverdemonetisation/1008842/>
 Report No. 571(70/18.1/1), ‘Household Ownership and Operational Holdings in India’
(2015) Ministry of Statistics and Programme Implementation.

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