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PIL challenges mandatory crop insurance

The PIL states that the insurance cover was extended only for notified crops in notified areas

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A division bench of the Gujarat High Court headed by Chief Justice R Subhash Reddy has sought details from the state in three weeks about the Pradhan Mantri Fasal Bima Yojana (PMFBY).

The state is to give details, among other things, of the subsidy offered on the crop insurance premium, the notified area under cultivation, crops for which the insurance is applicable, and the insurance policy offered.

The direction to the state came in connection with a public interest litigation (PIL) filed by the farmers’ union Bharatiya Kisan Sangh against the PMFBY.

The BKS was represented by counsels Bhunesh Rupera, SM Chudasama and PP Shah.

The PIL stated that farmers were being forced to go for PMFBY which was causing them to be financially exploited. The petitioners argued that under the scheme, whenever any farmer applied for a loan, the premium for crop insurance automatically got deducted, irrespective of whether the farmers actually took the loan or if the loan was disbursed to them.

The farmers also did not get any receipt for the premium compulsorily deducted from their accounts.

The PIL further argued that the farmers who were mandatorily brought under PMFBY were given no details about the type of crop insurance, what damages it covers and so on.

One of the major objections against the PMFBY was that the insurance cover was extended only for notified crops in notified areas. So if a farmer, compulsorily brought under PMFBY, chose to plant non-notified crops, he would not be entitled to a claim despite having paid the premium. The counsels argued that the scheme also failed to provide insurance cover for fruits, vegetables and flowers.

The plea asks for the scheme to be modified in the interest of justice as the policy failed to cover the risk when market rates went down.

PIL’S OBJECTION

  • The PIL states that the insurance cover was extended only for notified crops in notified areas.
     
  • So if a farmer, brought under PMFBY, chose to plant non-notified crops, he would not be entitled to a claim despite having paid premium.
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