Sowing Rights, Reaping Justice: A Constitutional Reappraisal Of Farmers’ Rights In India
- IJLLR Journal
- 6 days ago
- 2 min read
Lakshay Manchanda, Advocate
Aanchal Sharma, Indore Institute of Law, Indore, MP
ABSTRACT
This study takes a critical look at India's Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001, which was introduced to meet India's commitments under the TRIPS Agreement. The Act was designed to create a unique and specialized system for protecting plant varieties, often referred to as a "sui generis" system. The main goal of this Act is to ensure that both plant breeders and farmers have their rights recognized and protected. It aims to strike a balance between the intellectual property rights of breeders and the traditional rights of farmers, who have long been saving, using, exchanging, and registering seeds. The Act uniquely acknowledges farmers as important custodians of plant genetic resources, which is a significant shift from conventional approaches. Under the Act, breeders are granted exclusive rights over their registered plant varieties, but these rights come with certain conditions, such as the variety must be new, distinct, uniform, and stable. In addition to protecting breeders, the Act also includes important provisions to safeguard farmers' interests. These include mechanisms for benefit-sharing, which ensure that farmers can benefit from the use of new plant varieties, and the option of compulsory licensing, which allows for the production of seeds under certain circumstances. The judicial interpretations of the Act, along with the difficulties in enforcement, have revealed certain ambiguities in how to balance proprietary rights with the broader goals of food security and the conservation of biodiversity. In conclusion, while the PPV&FR Act is viewed as a progressive and farmer-centered legal framework, its success largely depends on better implementation by institutions, increased public investment in agricultural research and development, and the introduction of clearer policies that ensure fair access to seeds and support sustainable agricultural growth.
Keywords: Sui Generis Plant Variety Protection, Benefit-Sharing Mechanism, Seed Market Regulation, Agrobiodiversity Conservation, Compulsory Licensing in Agriculture
