Seed Bill 2004 introduced by UPA Govt. in Rajya Sabha, is a part of the attempts of Indian ruling classes to facilitate further tightening of imperialist stranglehold over different sectors of Indian economy and enter those where they were not present. Seed Bill 2004 aims at facilitating the work of giant mulitnational seed companies in the name of "regulating the quality of seeds for sale, import and  export and to facilitate production and supply of seeds of quality and for matters connected therewith or incidental thereto" the avowed purpose of the Bill.

As it is clear from the very Preamble there is no mention of self-reliance which for the comprador rulers and sold out "economists" has gone out of fashion of sorts. It is needless to state that this seed bill is part of the scheme to facilitate domination and control of Indian agriculture by imperialist MNCs. What impact it would have on the politics of the country, is not difficult to imagine.

As we shall see from the detailed analysis of the various clauses of the Bill, the thrust of the Bill is to throw the peasants out of business of seed production and exchange and hand the control over to seed companies and to provide punitive mechanism empowered to prosecute the peasants in case of non-compliance. Secondly it provides for private companies and institutions in certification and testing of the seed even permitting their registration outside the country which is in the interest of seed giants like Monsanto and Syngenta. Simultaneously it provides exemptions for seed companies from prosecution in case of failure of their seeds. By driving the peasants out and bringing the giant seed companies in, it seeks to foist on Indian peasants seeds of these MNCs and their Indian associates. Thirdly it opens the gates for GM crops on large scale in our market which are facing stiff opposition in imperialist countries, particularly European countries. It is pertinent here to point out that there are no adequate trials on either productivity of GM seeds and more importantly on their effects on human health. It is hardly important for the Indian ruling classes as they take pleasure in providing human "guinea pigs" for MNCs and in providing such an employment to the people.

This Seed Bill and other measures in different sectors, are in tune with the current offensive of imperialism. In the '60s the so-called green revolution was inaugurated for absorption of agricultural inputs like fertilizers, pesticides, agricultural machinery etc. of MNCs in which the Govt. played the pivotal role in their dissemination. The present offensive is targeted at bringing private sector mainly MNCs directly in the field of providing agricultural inputs and sale of agricultural produce. It is aimed at privatization of power, irrigation, seed and other essential inputs into agriculture. The sale of rivers is symptomatic of the thrust of the Indian ruling classes. This is termed as the second green revolution and is in fact a second edition of bringing Indian agriculture under the control of imperialist MNCs.

This Bill targets seeds, and through seeds it will fashion the other aspects of agricultural operations as seeds determine the requirements of crop for optimum output. This Bill is out and out a treachery with Indian people and is a recipe for the ruin of Indian agriculture in which are engaged over two thirds of the people for their sustenance. It should be opposed by all patriotic, democratic and progressive sections of society.

Calling this Bill "an imperialist conspiracy" Lok Pakhya Orissa has appealed to "all revolutionary and patriotic forces should unite to oppose this bill with full strength and launch a massive movement to protect the seed wealth of India." We are reproducing below parts of a note written and circulated by Shri Rajendra Shadangi, Convenor, Lok Pakhya, analysing the bill.

Indian Peasants Shall Have No Role In Seeds

The Clause 13(1) of the Seed Bill 2004 says, “ No seed of any kind or variety shall, for the purpose of sowing or planting by any person, be sold unless such seed is registered under sub-section (2) by the Registration Sub-Committee in such manner as may be prescribed.” This clause in aimed at prohibiting the exchange and sale of traditional seeds, which the farmers either do not want to register or have not registered for some purpose, or simply are not aware of registration procedures, etc. This is an indirect control of traditional seed exchange practices that has been the culture of the country for thousands of years.

The Clause 13(2) of the Seed Bill 2004 says, “Subject to the provisions of sections 14 and 15, the Registration Sub-Committee may register, or refuse any kind or variety of seed on the basis of information furnished by the producer on the results of multi-locational trials for such period as may be prescribed to establish the   performance of that seed.” This provision closes all opportunity for the farmers to register the traditional seeds which have been in practice for thousands of years as the farmers can not carry out multilocational trials and even if they do they in most cases will not be in a position to carry out the cumbersome documentation. A pertinent question that arises is that does the Government have authority to annul what has been developed by nature and the toil of millions of farmers over thousands of years?

The Clause 21(1) of Seed Bill 2004 says, “No producer shall grow or organize the production of seed unless he is registered as such by the State Government under this Act.”  This provision prohibits those farmers who want to multiply good and time tested traditional varieties, which they for some reason do not want to register. Similarly the Clause 23(1) says, “ No person shall conduct or carry on the business of horticulture nursery unless such nursery is registered with the State Government.” This provision prohibits all traditional horticultural practices of our country. There are many people engaged in raising nurseries on their own and distributing saplings free of cost for plantation as a religious and social tradition same as many people distribute water free of cost during the festivals and summer season. Besides this will prohibit all farmers and persons who raise nurseries and exchange saplings with each other.

Of course there is a Clause 43(1) in the Seed Bill 2004, which tries to show that there is space for the Indian farmer in the Seed sector. It says, “ Nothing in this Act shall restrict the right of the farmer to save, use, exchange, share or sell his farm seeds and planting material, except that he shall not sell such seed or planting material under a brand name or which does not conform to the minimum limit of germination, physical purity, genetic purity prescribed under clause (a) or clause (b) of section 6.” This clause is a crafty one aimed at fooling the public and farmers that the new seed Act gives exemptions to the farmers and they do not have to register their traditional seeds if their intention is not to sell them and if wants to sell shall conform to the minimum quality conditions as prescribed by law. By having to adhere to the minimum quality standards most of the farmers will be kept out of any seed multiplication and sales activity. Further the Seed Inspectors will adopt several harassment measures to make it extremely difficult on the part of the farmers to prove that they have indulged in exchange of seeds or sale or purchase.  

All these clauses put together are meant to keep the Indian farmers and through them the traditional seeds from being multiplied, exchanged and sold. Thus the Indian farmer shall have no role in the seed sector except to buy year after year expensive seeds from seed companies the use of which is going to destroy India’s food and agriculture production base in a very short time.

Farmers Shall be Forced to Sow the Seeds of MNCs

The Clause 25 of Seed Bill 2004 says, “ No person shall himself, or by any other person on his behalf, carry on the business of selling, keeping for sale, offering to sell, bartering, import or export or otherwise supply any kind of seed of any registered kind or variety unless (a) such seed is identifiable as to its kind or variety; (b) such seed conforms to the minimum limit of germination and genetic, physical purity, seed health specified under clause (a) of section 6; ………” This clause lays down the direction that Indian Agriculture in going to adopt henceforth. Till now Agriculture was in the private (peoples’) domain. The laws in agriculture did not infringe upon the farming options before a farmer. Now through this Seed Bill 2004 and in particularly through clause 25 the Government has decided to give directions to the farmers that they can not grow seeds/varieties of their choice. As a corollary the farmer shall be forced to grow particular varieties (sold by MNCs), as rest of the varieties would be regulated out of the market by the Government. This is exactly the state of affairs that was expected with the advent of MNCs into the Indian Agriculture scene.

Inspector-Raj Returns with a Bang in Seed Sector

We were told that with the liberalisation policies adopted since 1991 as a part of the liberalisation, privatisation and globalization policy, the people of India would henceforth not be harassed by stringent laws and regulations, the inspector-raj shall be a thing of the past, people will be free to undertake the economic activity of their choice with very limited interference from the Government.

The Clause 35(1) says, “The Seed Inspector may (a) take samples of any seed of any kind or variety from- (i) any person selling such seed or (ii) any person who is in the course of conveying, delivering or preparing to deliver such seed to a purchaser or a consignee or (iii) a purchaser or a consignee after delivery of such seed to him; (b) send such sample for analysis to the Seed Analyst of the area within which such sample has been taken; (c) enter and search, at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed and order in writing the person in possession of any seed in respect of which the offence has been or is being committed, not to dispose of any stock of such seed for a specific period not exceeding thirty days or, unless the alleged offence is such that the defect may be removed by the possessor of the seed, seize the stock of such seed; (d) examine any record, register, document or any other material object found in any place mentioned in clause (c) and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act; and (e)  exercise such other powers as may be necessary for carrying out the purposes of this Act or any rule or regulation made there under.”

Further the Clause 35(2) says, “ The power conferred by this section includes the power to break-open any container in which any seed of any kind or variety may be contained or to break-open the door of any premises where any such seed may be kept for sale: Provided that the power to break-open the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, refuses to open the door on being called upon to do so.”

These provisions under clause 35(1) and (2) means that the Seed Inspector can enter into any farmers’ house and forcefully collect samples of seeds multiplied/retained/ or got in exchange from a fellow farmer. It is clear that the Government of India would harass the Indian farmers and see to it that they are unable to retain their traditional seeds and force upon the Indian farmers the seeds produced/marketed by the seed giants such as Monsanto, Synzenta, etc. and their Indian collaborators such as Mahyco, etc.

MNC Research Centres to Assist Government

The Clause 19 of seed Bill 2004 says, “The Committee may, for conducting trials to assess performance, accredit centres of the Indian Council of Agricultural Research, State Agricultural Universities and such other organizations fulfilling the eligibility requirements as may be prescribed, to conduct trials to evaluate the performance of any kind or variety of seed.” This provision has been craftily drafted so that it may be used to accredit centres established by private companies and their foundations (such as Ford foundation) to conduct trials and evaluations of seed varieties. Besides, the Universities and the ICAR centres being funded by seed giants such as Monsanto and Synzenta also exposes the real intention of the Government.

The Clause 32(2) says, “The State Government may, in consultation with the Committee, and by notification, establish one or more State Seed Testing Laboratories or declare any seed testing laboratory in the Government or non-Government sector as a State Seed Testing Laboratory where analysis of seed of any kind or variety shall be carried out under this Act in the prescribed manner.” This provision is yet another crafty design to declare any seed testing laboratory engaged/established by private companies (such as Monsanto) and their foundations (such as Ford foundation) to carry out seed testing. This is a mockery of the seed certification/testing mechanisms being talked about.

The Clause 36(2) says, “The Central Government may, by notification, permit to import an unregistered variety in such quantity and subject to fulfilling such conditions as may be specified in that notification for research purposes.” This provision means that even if a seed is not registered in a foreign country/India and the seed company which have produced the same and is keen in marketing the same in India, the Government of India will have no hesitation to grant import permission and permission for research purposes. Thus this would be a laboratory to laboratory collaboration between the centres of MNCs such a Monsanto, Synzenta, etc. in India and their counterparts in USA, Canada, England, France, etc.

The Clause 43(2) says, “The Central Government may, by notification, and subject to conditions, if any, as it may specify therein, exempt from all or any of the provisions of this Act or the rules made there under, any educational, scientific or research or extension organization.” This provision is dangerous as it would be definitely be used to exempt any educational, scientific or research or extension organization established by private companies and their foundations. With such exemptions such institutions shall carry out research on banned seeds, environmentally risky seeds, devastating seeds such as terminator seeds, etc. and also push these seeds into the production chain clandestinely. Seed multiplication, exchange, etc. This will be a mockery of the Indian State.

MNCs can Also Become Seed Certifying Agencies

The Clause 27(1) says, “ The Committee may in consultation with the State Government and the State Seed Committee, accredit – (a) organizations to carry out certification, on the fulfilment of such criteria, as may be prescribed, or (b) individuals or seed producing organisations to carry out self- certification, in such manner as may be prescribed.” This provision has been craftily drafted so that it may be used to accredit organisations/persons engaged/created by private companies and their foundations (such as Ford foundation) to certify seed varieties of their own and others. This is a mockery of the seed certification mechanisms being talked about.

America Shall Certify Seeds to be used by Indian Farmers

The Clause 30 says, “ The Central Government may, on the recommendation of the Committee and by notification, recognise any seed certification agency established in any foreign country, for the purposes of this Act.”  This provision further exposes the real intention of the Government of India. It has become clear that the Government of India through this new Seed Act wants to facilitate the entry of Big Multinational Seed Companies such as Monsanto to sell their seeds in India and in that regard is willing to give them a bypass of the Indian regulations for certification if the seeds are already registered in foreign countries. Obviously at one of point of time the Govt. officials will also claim that the foreign registering agencies being better equipped technically there is no need for any future control over the foreign seeds released into the Indian market.

Free Imports and Exports of Seeds

The Clause 36(2) says, “ The Central Government may, by notification, permit to import an unregistered variety in such quantity and subject to fulfilling such conditions as may be specified in that notification for research purposes.” The Clause 37 says, “ The Central Government may, on the advice of the Committee, restrict, by notification, the export of seeds of any kind or variety if it is deemed that such export may adversely affect the food security of the country, or if it is felt that the reasonable requirements of the public will not be met, or on such other grounds as may be prescribed.”

Export of seeds does not affect food security. Rather import of seeds which have the potential of devastating effect on crop production shall adversely affect food production and thereby food security of the country. Permission of import of unregistered varieties is tantamount to import of grains for seed purpose as was done during the initiation of so called ‘green revolution’ in mid-60s when ship loads of Mexican dwarf wheat was imported at the behest of the then Agriculture Minister at the centre, Mr. C. Subramaniam against stiff opposition from senior agriculture scientists. The Indian agriculture scene was never the same again.  Mexican dwarf wheat was heaped on the roads of the villages of Punjab and elsewhere. The farmers learnt to use Mexican dwarf wheat. Today there is ample chance to believe that using the new Seed Act the Agriculture Minister in the Indian Government will at a particular time import large amounts of grain-grade (instead of seed grade) GE cotton, soyabean, wheat, maize, etc. from USA and distribute in sufficiently large quantities across the country and bring a full stop to all criticism and strict vigil on GE seeds. This could be one sure way of forcing the farmers across India to accept GE seeds.

Punishment Only for Farmers and Not for Seed Industry

The Bill provides for stiff punishment for farmers and seed producers in case of an offence under the Act. However, the provision for the companies is much different. The Clause 40(1) says, “ Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.” This would mean that the Monsanto company will face no punishment if its GM seeds fail to give desired results, or it contaminates with local seed varieties and destroys that variety/crop if it is able to prove that it exercised all due diligence to prevent commission of such offence. Monsanto will definitely claim (whenever required) that Genetic Engineering technology is a technology used world over and failure of this technology cannot be ascribed to Monsanto. 

The Clause 44 says, “ No suit, prosecution or other legal proceeding shall lie against the Government or any person for anything which is in good faith done or intended to be done under this Act.”  This provision is again dangerous as it completely protects the Government and its officials while for their action the whole country may suffer. When there is every possibility that farmers of India suffering heavily when MNCs are given the position of pre-eminence and GE seeds are introduced in a big way in the country this provision shall be protecting all those in the Government who are now busy in pushing this untested technology called Genetic Engineering. In fact the most important criticism of GE technology is that it is still untested and the companies producing GE seeds are not following the minimum standards set for testing a GE seed. By pushing this destructive technology the people in the Government are showing that they are sure of the technology. Thus in case of any failure these people in the Government and all those who have played a major role in pushing the Seed Bill 2004 and the National Bio-Technology Development Strategy should be severely punished.

A Legislation to Further Genetic Engineering

This new seed Act is being enacted only to satisfy the seed MNCs such as Monsanto, Synzenta and their India collaborators such as Mahyco, Indo-American Hybrids, etc. These seed companies are investing heavily in seed research, particularly in GE technology. It is understood that for developing one new seed variety they spend some US$ 5 billions. Thus these companies are keen to expand their markets and they have found India as a good and expanding seed market. They have also found the Indian Government as a very good collaborator.  With seed business going into the hands of the MNCs and with the killing of the traditional varieties India and its farmers will loose a basic resource (traditional seed genes) to restructure its agriculture and establish sustainable agriculture. Instead the traditional seeds of India shall be used to produce new GE seeds and sold to the Indian farmers by these MNCs. The seed Bill 2004 has been drafted in an appropriate manner to suit the needs of the seed MNCs that are engaged in GE research in seeds, etc.

Control Over Seeds is Control Over Agriculture

The seed giants such as Monsanto, Synzenta have operations in more that 120 countries worldwide and wherever they go they corrupt the highest offices. There is no possibility of regulating such seed companies. In USA the Government has so far failed to introduce labelling laws because of the pressure of Monsanto and other Seed MNCs. As the saying goes if one cannot fight them then it is best to join them. The people in the Government who may be thinking of fighting Monsanto and the like by suing legal means would be frustrated and would be forced to join the bandwagon of swelling supporters of Monsanto and the like in the ranks of the Government and elsewhere. MNC seed giants such as Monsanto, Synzenta will control all seeds. Controlling seeds means controlling Agriculture. Controlling agriculture means to control food production and supply. Controlling food means controlling the nation. Wars are necessary to subjugate a nation. Using a few politicians, bureaucrats, Agriculture scientists and seed dealers of India the seed MNCs and through them USA would subjugate India.