Case Note & Summary
The judgment arises from a Public Interest Litigation initiated by a letter from the All India Bio Dynamic and Organic Farming Association to the Chief Justice of the Bombay High Court, expressing serious concern over farmer suicides in the District of Jalna, Maharashtra. The court impleaded the Tata Institute of Social Sciences (TISS) to submit a comprehensive report on the causes of farmer suicides in the State. The State Government, through an affidavit filed on 11th January 2005, informed the court that between 1st January 2004 and 31st December 2004, there were 294 reported cases of farmer suicides, with the highest numbers from Yavatmal (109), Buldhana (39), Washim (37), and Amravati (35). The Government stated that an enquiry is conducted by Tahsildars or Sub Divisional Officers to ascertain the causes, and if agricultural indebtedness is established as a primary factor, the case is treated as suicide related to agricultural indebtedness. The Government had no formal scheme for assistance but provided Rs.1 lakh from the Chief Minister's Relief Fund on a discretionary basis, and 71 out of 294 cases were found eligible. In November 2004, the State commissioned the Indira Gandhi Institute to study the issue. The court considered the constitutional obligation under Article 21 to protect the right to life, which includes the right to livelihood, and directed the State to formulate a comprehensive policy for prevention of farmer suicides and provide ex-gratia assistance to families of deceased farmers.
Headnote
A) Constitutional Law - Right to Life - Article 21 of the Constitution of India - State's Duty - The court considered the alarming number of farmer suicides in Maharashtra and held that the State has a constitutional obligation to protect the right to life, which includes the right to livelihood. The court directed the State to formulate a comprehensive policy for prevention of farmer suicides and provide ex-gratia assistance to families of deceased farmers. (Paras 1-10) B) Agriculture - Farmer Suicides - Relief Measures - The court noted that the State Government had no formal scheme for assistance to families of farmers who committed suicide, but provided discretionary relief of Rs.1 lakh from the Chief Minister's Relief Fund. The court directed the State to evolve a comprehensive policy for prevention of farmer suicides and provide adequate relief. (Paras 2-5) C) Public Interest Litigation - Locus Standi - The court entertained a letter addressed to the Chief Justice by the All India Bio Dynamic and Organic Farming Association as a Public Interest Litigation, recognizing the serious concern over farmer suicides. (Para 1)
Issue of Consideration
Whether the State Government is obligated to take effective measures to prevent farmer suicides and provide adequate relief to families of farmers who have committed suicide due to agricultural indebtedness.
Final Decision
The court directed the State Government to formulate a comprehensive policy for prevention of farmer suicides and provide ex-gratia assistance to families of deceased farmers. The court also directed the State to consider the report of the Indira Gandhi Institute and TISS and take appropriate action.
Law Points
- Right to life under Article 21 of the Constitution includes right to livelihood
- State's duty to prevent farmer suicides
- necessity of comprehensive policy for agricultural distress relief
