“If we believe in democracy, it is imperative that we have the right to choose which technologies are best for our communities, rather than having unaccountable institutions like Monsanto decide for us. Rather than technologies designed for the continued enrichment of a few, we can ground our technology in a hope of a greater harmony between our human communities and the natural world. Our health, our food and the future of life on Earth truly lie in the balance.”

Monsanto: A Checkered History by Brian Tokar,
The Ecologist, Vol. 28, No. 5, September/October 1998

Seed is the basis of agriculture; the means of production and the basis of farmers’ livelihoods. In less than two decades, cotton seed has been snatched from the hands of Indian farmers by Monsanto, displacing local varieties, introducing GMO Bt cotton seeds and coercing extravagant royalties from farmers. Since Monsanto’s entry into India in 1998, the price of cotton seeds has increased by almost 80,000% (from ₹5 – ₹9/KG to ₹ 1600 for 450 gms). 300,000 Indian farmers have committed suicide, trapped in vicious cycles of debt and crop failures, 84% of these suicides are attributed directly to Monsanto’s Bt cotton.

For 8 million cotton farmers awaiting the Kharif 2016 sowing season, access and availability to fairly priced seeds is a matter of survival. Any situation that threatens the livelihoods of 8 million Indians is a national emergency. The issue of Seed Price impinges directly on farmers rights. And since the high prices with the high royalty component has driven farmers to suicide, State Governments and the Central Government have acted to bring down the seed prices.

There are 3 issues related to the state of seed and the current conflicts related to Monsanto, Indian farmers and the Govt of India.  First is the farmers rights to reliable and affordable seed and with it the duty of the government to protect farmers right to livelihood and right to life . It is the government’s duty under Art 21 of the constitution to protect the life of all its citizens. The Cotton Seed  Price Control Order issued by the Government of India needs to be seen in the context of farmers rights.

Second is the issue of IPRs, patents, royalty ,technology fees  in the context of false claims and a failing technology, and the duty of Government to act to revoke a patent according to Article 64 and Article 66 of the Indian Patent Act. There is a show cause notice served to Monsanto by the Central Government regarding the patent.

The third is the issue of monopoly on seed. The Government has a duty to prevent monopolies being established . This is why we had the MRTP commission earlier, and now the competition commission .

The issue of monopoly is before the Competition Commission of India which has stated that Monsanto has violated Competition laws and there is Prima Facie evidence of monopoly.

Just as Monsanto is forum shopping by going to different courts at the same time, it is also issue-shopping. First it is trying to reduce the contest over seed price as only between Monsanto and Indian companies which are its licensees, thus attempting to totally erase farmers and  the fundamental rights of farmers from the case. Second, Monsanto is hiding the two other Government actions against it on the issue of Bt Cotton, the show cause notice on revocation of the Bt cotton patent,  and the Competition Commission of India case.

All aspects impact farmers rights and farmers livelihoods.

Farmers Rights to Seed = Right to Life

In the case of farmers, the right to seed is the basis of the right to life. Farmers are being trapped in debt and being driven to suicide because seed is too costly and the seed available is also unreliable. Since at the end of the day, royalty is paid by farmers, Monsanto’s royalties are violating the affordability criteria and are responsible for farmers debt, distress and  suicides. First Bt I and now Bt II are failing to control pests and the pink bollworm has become resistant, Bt is failing the test of reliability.

Monsanto has collected royalty for its Bt I cotton since 2002 without having a patent for it. Instead it created a new category called “Technology Trait” for which it charged a “Trait Fee”. But it was royalty under a new name.

Monsanto could not sign individual contracts with farmers, as it does in the US, in India because a) there would be far too many contracts, and b) Monsanto did not have a patent for the intellectual property the contract would cover, i.e. the Bt gene (MON 531 event of Cry1Ac). So Monsanto locked in 28 Indian seed companies through one-sided license agreements to collect royalties on its behalf – very much like the British arbitrarily appointed zamindars to collect taxes and revenues from peasants in colonial times, ruining a rich and prosperous land and leaving us in poverty. The hefty royalty is collected from small farmers, even if it is routed through an Indian licensee, just as the peasant paid the lagaan to the British, even though it went through collectors and zamindars. Indian seed companies are feeling the squeeze, finding  themselves between the price control measures exercised in the interest of the farmers and Monsanto demanding nine times more in illegal royalty and unilaterally terminating some of the license agreements.