SECRETARY Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) The genesis of these proceedings is an alarming occurrence of suicides by cultivators in diverse parts of the State of Maharashtra. All India Bio Dynamic and Organic Farming Association addressed a letter to the Chief Justice expressing serious concern over suicides by farmers in the District of Jalna. The Tata Institute of Social Sciences (TISS) was impleaded as a party to these proceedings and was requested, to submit comprehensive report dealing with the causes of suicide by farmers in the State. The State Government and the Union Ministry of Agriculture were called upon to respond to the serious issues which are raised in these proceedings.

(2.) On 11th January 2005, the Chief Secretary to the State Government stated before the Court on affidavit that between 1st January 2004 and 31st December 2004, there were reports of 294 cases of suicide by farmers. Of them, the largest number 109, was from Yavatmal, followed by 39 in Buldhana, 37 in Washim and 35 in Amravati. The State Government informed the Court that as and when such cases are brought to the notice of Divisional Commissioners, an enquiry is carried out by Tahsildars or by Sub Divisional Officers to ascertain the causes for suicide: if it is established that the indebtedness of the farmer either through formal or informal sources is one of the primary factors of suicide, the case is treated as one of suicide related to agricultural indebtedness. The Government stated that it has no formal scheme for providing assistance to families of farmers who have committed suicide, but assistance to the extent of Rs.1 lakh is provided on a discretionary basis through the Chief Minister's Relief Fund. The criterion that is applied is that agricultural indebtedness should be established as the cause for suicide. 71 out of 294 cases were accordingly reported to have been found eligible for assistance from the Chief Minister's Relief Fund. In November 2004, the State Government commissioned the services of the Indira Gandhi Institute for Development Research, Mumbai, to conduct a study on the problem in Maharashtra. The efforts which were being undertaken to promote the interest of the agricultural sector were stated to be as follows : The State Government and the Government of India are, continuously, concentrating their efforts in the direction of making available good quality inputs like seeds, fertilisers, pesticides, promoting organic farming, making available timely and adequate credit, power availability and methods of optimising existing irrigation facilities by way of sprinklers, drip irrigation and other water conservation activities followed by regular agricultural research and extension activities. The State Government informed the Court that it has taken a decision to remit interest on crop loans of farmers who had availed of loans during Rabi 2003 and Kharif 2004 to the extent of Rs.570 crores. Farmers who had suffered losses exceeding 50% during Kharif 2004 in Vidarbha and Marathwada regions had been granted compensation to the extent of approximately Rs.84 crores.

(3.) By an order dated 12th January 2005, the District Judges of Beed, Jalna and Parbhani were directed to submit report before the Court. The reports submitted by the District Judges as well as the report of the Tata Institute of Social Sciences were considered by the Court on 16th February 2005. Prakash Gopalrao Pohare filed an application for intervention with a list containing information relating to farmers who had committed suicide in the State. The list showed that from 1st March 2001 to January 2005, 371 farmers had committed suicide. The State Government was directed to reinvestigate the matter and to submit its report. A further affidavit was filed by the Chief Secretary on 10th March 2005 informing the Court that the list submitted by the intervenor together with the reports of the District Judges had been forwarded to the Commissioners in the concerned Divisions for verification. Government stated that in the Aurangabad, Amravati, Pune, Nagpur and Nashik Divisions, 64 suicides had been reported in 2001, 131 in 2002, 180 in 2003 and 524 in 2004. For the year 2004 the number of deaths by suicide was revised upwards from 294 as originally reported to 524. Government stated that the Divisional Commissioners had recommended assistance to 17 families over and above the 71 families which had been referred to earlier. The investigation by the Government in respect of 524 cases was stated to be in progress and the Court was informed that Government would expedite the finalisation of the enquiry in all matters and provide assistance to eligible families. 16 cases were pending with the Chief Minister's Relief Fund office for awarding assistance and 125 cases were pending further enquiry. On 20th July 2005, this Court directed that enquiries in 125 cases which were in progress must be conducted on priority and be concluded as expeditiously as possible. In a further affidavit dated 29th September 2005, the Chief Secretary stated that since the filing of the earlier affidavit, 16 additional families had been given financial assistance. The investigation in 125 cases was completed and of them, 21 families who were found to be eligible had been granted financial assistance. The remaining 104 cases were not found to be eligible for assistance. In a further affidavit of 6th December 2005, this Court was informed that investigation into 524 cases of suicide for the year 2004 had been completed and of them, 109 cases have been found eligible for financial assistance from the Chief Minister's Relief Fund. The remaining 415 cases had not been found to be eligible since the cause of suicide was reported to be other than agricultural indebtedness, pressure to repay loans and crop failure. The reasons for ineligibility were stated to be as follows : Reasons of ineligibility No loan from formal instituti onal source s Does not own land in his/his family' s name Family Proble ms & conflict s Addicti on to alcoho l Illness Accide ntal Death Unem ploym ent Others Total 73 27 157 34 49 10 1 64 415