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THE ONSLAUGHT OF PEPSICO ON THE FARMER’S RIGHTS-
AN IMMINNT CHALLENGE TO THE SOVEREIGNTY OF OUR COUNTRY
With the advent of WTO and
related TRIPS agreement entered
in to by India as WTO member, the
sovereignty of India was
compromised and a challenge to it
is looming permanently. Its
sovereignty is in peril.
The recent episode of Pepsico
India, a subsidiary of American
Transnational Corporation dra-
gging 4 petty potato farmers of
Gujarat to court for allegedly
growing its registered potato
variety to make ‘Lays’ chips, sueing
them for Rs 1.05 crore each as
compensation and the ‘commercial
-court’ at Ahmadabad passing an
ex-parte ad-interim order restra-
ining the farmers from growing the
strain of F.C.potato used for
‘Lay’chips speaks volumes about
the horrific implications involved in
the case threatening the seed
sovereignty of our farmers, food
sovereignty of our people and
sovereignty of our country.
This is not a mere question of
legality and legalistic questions
involved in applying the so-called
protection of plant varieties and
farmer’s act. 2001 (PPV& FR act),
but a question about the
encroachment of imperialist multi-
national corporations on the
sovereignty of the farmers, people
and the country.
With some provisions of the
PPV & FR act, the Pepsico is
harassing Indian farmers, who
have cultivated the potato variety,
by purchasing seeds from local
seed merchants.
It is no secret that big trans-
national corporations, particularly
the American gaint corporations
are indulging and resorting to such
unethical business practices for
profiteering in developing world.
We have witnessed how such
unethical practices have practiced
14
by Jhonson & Jhonson company
through its subsidiary, selling
medical implants in India, we have
seen how Monsanto company
through its subsidiary Mahyco has
indulged illegally and unauthorized
introducing its B.T.varieties of
Brinjal for cultivation and
consumption in India. Very recently
it is exposed how Walmart resorted
to unethical practice of bribing
concerned governmental officers
to obtain permissions in expanding
its business internationally by
devious
methods.
These
transnational corporations with
their power of massive capital and
their clout with the rulers and
governments of victims countries
have been playing havoc with the
sovereignty of people and those
countries undermining the rights of
people. The TRIPS agreement
under W.T.O. has given them
every advantage to undermine the
sovereignty of independent
nations.
The subsidiary Pepsico India
holdings of the soft-drinks gaint of
USA, has engaged in the processed
food business also in India. In 2009
it introduced the F.C.5 variety of
potato that it uses to make ‘Lay’
chips. This potato variety is in India
approximately by 12,000 farmers,
who were made a part of its so-
called collaborative farming, where
in the company sells seeds to
farmers and has an exclusive
contract to buy back their produce.
In 2016, the company registered
the variety under the PPV & FRA
2001. It has earned Rs 2727
crores of profits in 2010, and its
profits have increased to 6,000
crores of rupees in 2015,
exclusively on its Lay chips sales
in Indian markets.
The company on finding that
some farmers who were not part of
its collaborative farming are also
growing and selling this potatoes
in Gujarat, it slapped a so-called
‘rights infringement’ cases under
the PPV & FR act against small
farmers for huge and heavy
damages. And the commercial
court of Ahmadabad has given ex
parte orders against the farmers
even without hearing their version.
Pepsi co had slapped such
cases against petty farmers in
many Asian countries such as
Indonesia, Philippines, South
Korea and the E.U.nations and the
protection of the rights of the
farmers has remained as an
elusive pursuit. Now it is the
sovereignty and rights of farmer
under stake.
It is unknown how an Indian
court could give an ex parte order
against Indian farmers without
even taking all the circumstances
of the case in to consideration.
This shows how Indian courts have
become
mechanistic
and
legalisticwith no concern to the key
circumstances involved in the case.
Now it is a question how the
protected variety of potatoes under
contributory system have come in
to outside markets, while all the
produce of those cultivations are
bought by Pepsi co itself. It is also
note worthy why that instead of
suing the local seed vendors who
sold the particular type of potato
seeds unlabelled to farmers, chose
to sue the petty farmers! Moreover
what made the Pepsi co to hire
private detective agency to pose
as potential buyers to take secret
video footage and collect samples
from farmer ’s fields without
disclosing its real intent of foisting
cases?
All this points out how the
Pepsi co wanted to profiteer by
victimising the vulnerable farmers
Class Struggle