A Short And Telling History Of Farm Protection Laws

first_imgColumnsA Short And Telling History Of Farm Protection Laws Santosh Paul, Senior Advocate19 Jan 2021 9:22 PMShare This – xOne of the most enduring and perpetuating myths is that industrial development takes place at the cost of agriculture. Nothing can be farther than the truth as is illustrated in the legislative history of Japan. LEGISLATIVE HISTORY OF JAPAN Japan was in the throes of the winter of 1945-46. It had surrendered to the Allied forces. Japan had probably the most debilitating feudal…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginOne of the most enduring and perpetuating myths is that industrial development takes place at the cost of agriculture. Nothing can be farther than the truth as is illustrated in the legislative history of Japan. LEGISLATIVE HISTORY OF JAPAN Japan was in the throes of the winter of 1945-46. It had surrendered to the Allied forces. Japan had probably the most debilitating feudal system, with the highest concentration of land and a vastly impoverished peasantry. General Douglas MacArthur, in command of occupied Japan shot a call to arms to end the crippling feudalism in Japan. The following instruction was not a part of a left-wing or Communist manifesto, it was sent by MacArthur to the Imperial Japanese government: “in order that the Imperial Japanese government shall remove economic obstacles to the revival and strengthening of democratic tendencies, establish respect for the dignity of man, and destroy the economic bondage which is enslaved the Japanese farmer 2 centuries of feudal oppression, the Japanese Imperial government is directed to take measures to ensure that those who till the soil of Japan shall have more equal opportunity to enjoy the fruits of their labour.. The Japanese Imperial government is therefore ordered to submit to this headquarters on or before 15/03/1946 a program of rural land reform.” The Japanese government brought in a tepid land reform bill more or less keeping the vested feudal interests in place. Outraged, MacArthur once again demanded the Parliament to bring in a more radical and more watertight legislation which ultimately came to be passed in October 1946. This legislation is credited with ending feudalism in Japan and its ensuing economic recovery. FARM SUPPORT IN JAPAN, TAIWAN, SOUTH KOREA AND CHINA. Land reform legislations gained ground with institutional support in north-east Asia viz. in Japan, South Korea, China, and Taiwan. Along with land reform legislations, legislative and administrative mechanisms were set up to implement the two-pronged action of purchasing agricultural produce at about market prices and sold to consumers at a discounted price. For instance, the government in South Korea throughout the 70s and 80s bought large quantities of rice at about market prices, and then sold it to consumers at a discount of upto 50%. Similar mechanisms were set in place in Japan Taiwan and China. This enabled surplus farm production and ensured food security. With a sound agricultural policy in place, Japan, South Korea China and Taiwan powered their economies to hitherto unseen and unparalleled heights. LAND REFORMS IN INDIA It is interesting that in post-independent India the Parliament had to fight a bitter battle with the judiciary to bring in land reforms. A study of the previous judgments in major land reforms cases before the Supreme Court will reveal that none of them ever alluded to the study of economic history of land reforms. It was never brought to the notice of the courts that land reforms were all pervading and at all stages of history. It commenced as early as in 133 BC and continues till date. Land reforms were implemented by the Greeks in 6th Century BC. Tiberius proposed land reforms which were passed by the Roman Senate in 133 BC. In Europe, France implemented land reforms after the French revolution. It was implemented in Sweden (1757), Denmark (1819), Greece (1835), Finland (1757), Canada (1873), Czechoslovakia (1945 to 1948), Ireland (1870 to 1920), Poland (1919 to 1944), Romania (1945), Hungary (1945), and the emancipation of serfs took place in Russia in 1861. In the 20th century, land reforms were implemented in Taiwan (1950’s), Egypt (1952), Vietnam (1955), South Korea (1949), Philippines (1963), Brazil (1930), Bolivia (1953), Peru (1950’s) Bolivia (1953), Chile (1963) till the assassination of Allende in 1973, Peru (1950s), Iran (1962-1971) and Syria (1958), the list is endless. Every nation has at some point of its time in its history, implemented land reforms to set right the skewed land ownership patterns. According to Professor Amartya Sen, China’s economic surge is substantially attributed to its successful implementation of land reforms, and thereby enabling the development of their human capital. Even if we look at the Indian context, the states which implemented land reforms effectively surged ahead of the rest of the states which are still battling with poverty, illiteracy, backwardness, explosive population growth. At the vanguard, is the state of Kerala which massively implemented land reforms and today has living standards comparable to South Korea. CONSTITUTIONALITY OF AMERICAN FARM PROTECTION LAWS In 1933, with most farmers in the USA were losing money because of the Great Depression. President Franklin D. Roosevelt (FDR) signed the Agricultural Adjustment Act (AAA).In the Agricultural Adjustment Administration subsidized farmers began to regulate agricultural production by destroying crops and artificially reducing supplies. It also offered subsidies to farmers to encourage them to willingly limit their production of crops. The AAA came under challenge in the celebrated decision of United States vs Butler. The majority of 6 to 3 struck down the AAA as unconstitutional. Justice Harlan Fiske Stone, denounced the majority opinion striking down the farm law as a “tortured construction of the Constitution.” Many farmers were incensed. On the night following Roberts’ opinion, life-size effigies of the six majority opinion justices erected and incinerated. The Butler decision ultimately led to FDR’s famous ‘Fireside Chat’ where he said “we have reached the point as a nation where we must take action to save the Constitution from the court and the court from itself”. President Roosevelt determined to support the American farmers, hit back with 1938 legislation, the Soil Conservation and Domestic Allotment Act, which essentially created a similar organization for distributing farmer subsidies. These legislative measures, many of them in place even today, pulled America out of the Great Depression. FARM SUPPORT ACROSS THE GLOBE It is an admitted position that countries across the globe have legislative and administrative systems in place providing support to their domestic agriculture. The Agricultural Policy Monitoring and Evaluation Report 2020 found that 54 OECD and EU countries and 12 emerging economies are providing $700 billion annually to support their agricultural sector. Out of this, $536 billion is in the form of payments to the agricultural producers themselves. This is simply because agriculture ensures food security for the nation and requires tremendous assistance as the nature of farming is its precarious vulnerability to the weather and uncontrolled events. It is noteworthy that the top spenders on farm support are rich countries like the United States, the European Union and China. Incidentally, China, the fastest growing economy in the world spends 4 times that of the United States and more than the combined spending of the 3 big spenders the European Union, the United States and Japan. This narration is important because it busts the myth that industrial growth can be achieved only by compromising on agriculture. Farm Laws have to be analyzed and tested with the global context and measures in mind.Views are personal.(Author is a Senior Advocate at the Supreme Court of India)Next Storylast_img read more

Fire department celebrates 135th anniversary

first_imgEmily McConville | The Observer Firefighter Damien Cruz and fire protection technician Dwight Niles drive to Pasquerilla East Hall for the first of five fire drills on Mod Quad on Dec. 4. Cruz said the fire trucks can pump 1,500 gallons of water per minute.NDFD’s job was to walk in, trip the fire alarm, ensure everyone left the building in a timely manner and check for any fire code violations. They took the elevator, one man getting off at each floor. Cruz reached the fourth floor, where a few PE residents were studying in a lounge.“Let me know when you guys are ready,” Bishop’s voice said from a walkie-talkie.“We are ready on four,” Cruz replied.One by one, the firefighters radioed in. One of them reminded Bishop to check the chapel.A few seconds later, the fire alarm screeched through the building.Cruz said the fire drills have only been this frequent for awhile, since the Clery Act required them, but NDFD has been doing this sort of thing — inspecting buildings, overseeing drills and responding to emergencies, fire and otherwise — since 1879. According to a University press release, it is the first and oldest campus fire department in the country. It celebrated its 135th anniversary Nov. 21.When the fire alarm rang on Thursday, the PE residents in the fourth floor lounge jumped, then began to make their way downstairs and out of the building.“Is this real?” one girl asked Cruz. He said he gets that a lot.“We’re supposed to treat everything like it’s real,” Cruz said. “I’ll stand right here just for a few seconds. It clears out, the other wing, then I’ll give the all clear on this floor.”Cruz began to walk down one hallway, nudging and occasionally knocking on doors. After only a few seconds, the floor appeared to be empty.“We’re a little more lenient if there’s anybody in the shower or anyone with crutches or wheelchairs,” Cruz said. “In a real emergency, we ask them to wait in the stairwell, and we’ll come up and get them.”“Third floor is clear,” Niles said from the walkie-talkie. Cruz turned around, went through the floor’s second section and gave his own all-clear.On the way back, Cruz pointed at Christmas lights hung from the ceiling in a zigzag pattern. Not the best place for them, he said, but as long as they didn’t obstruct fire detectors or firefighters themselves, they could let it slide.“Something that’s really going to catch our eye is if it’s wrapped around a sprinkler head or if it’s struck in a doorway that’s supposed to close,” Cruze said. “Usually little stuff like this, we’ll let it go.”The firefighters and Geist congregated in the lobby as PE residents filed back in after only a couple minutes outside. Then they walked over to Knott Hall and repeated the procedure. (“I just wanted to take a nap!” one resident said on the way down).After the second drill, the firefighters stuck around for a few minutes and chatted in lobby with students and hall staff. A few guys pet Dakota and tried to convince rector Patrick Kincaid to get a dog, while the firefighters talked about getting a dog themselves.Emily McConville This part of the job, 32-year veteran Bishop said, is his favorite.“Interacting with students, faculty and staff,” he said.NDFD was created after most of campus burned down in April 23, 1879. Cruz said until 1995, when it hired its first full-time firefighter, the station was staffed with priests, brothers and student volunteers.Now, with 18 staff members, four of whom cover each 24-hour shifts, the department covers all buildings on the Notre Dame, Saint Mary’s and Holy Cross campuses, and gives and receives help from nearby fire departments for bigger emergencies and football games, Cruz said.Though the department was created because of a devastating blaze, Cruz said today, most of the station’s runs, or responses to calls, deal with something other than fire.“We do a lot of medicals, a lot of investigations — we smell this, we smell that, we spilled this in this chemical lab, we spilled this in this science lab,” he said. “The majority of our runs — we don’t have too many fires on campus. Every building on campus is sprinkled … I wouldn’t say [fire is] impossible, but it’s not very likely.”When the station gets a call — Cruz said it happens about three to five times a day, and ten times as often on football game days — it’s either a dispatch from Notre Dame Security Police or a fire alarm in a building, which runs through an analog system that alerts the firefighters through a series of bells.“Every building on campus and at Saint Mary’s and Holy Cross has a number assigned to it, and the number of times it rings signifies where we go,” Cruz said. “For example, the number of the firehouse is 333, so it rings three times, two second break, ring three times, two second break, ring three times. So we count the bells, and we know where we’re going.”NDFD has three fire trucks at its disposal, all of which hold 500 gallons of water and can pump 1,500 gallons a minute, Cruz said. In addition to buildings, the station covers five lakes, so it also has a boat at its disposal. At least one firefighter per shift is trained in diving.Cruz said the department’s average response time is two minutes. The station has computers on each floor as well as in the apparatus bay and in the fire engines themselves, so by the time they get to where the call is — a dorm, for example — they know as much about the emergency as possible.“We get to the dorm and we’ve got one guy who will go to the alarm panel, and he’s stationed there. That’s his location, to silence it or tell us, hey, we’ve got something else going on in here. The rest of the guys go upstairs or to wherever the alarm is, and we’re investigating it.”When the department isn’t responding to emergencies, Cruz said it performs various services, whether maintaining fire safety at football games or overseeing normal campus activities.“We cover everything on campus that goes on, so bonfires we have to light and babysit. Any kind of sports on campus we’re involved in, either watching … we’re managing it,” he said. “Or, for instance, they’re having a dinner at DPAC for a Snite gathering, and we have to provide emergency medical coverage and fire watch. They’ll have live flames on candles for the dinner, so they’ll shut the fire alarm system down. You can’t do that for any building without having a firefighter there for what we call fire watch to make sure nothing happens.”Cruz said the department is also one of the main groups responding to electrical problems, such as the recent South Quad power outage or the larger outage in June, which left several people stuck in elevators.“They were dealing with elevator entrapments,” he said. “So the power goes out; the elevator stops where it’s at. I think they did maybe 10 of those.”Cruz said the station often receives visitors, whether interested visitors or alumni who participated in NDFD’s 135-year history.“We get visitors from everywhere who stop by,” he said. “That, to me, is always the exciting part.”The anniversary, said fire chief Bruce Harrison, was business as usual.“We quietly did our job,” he said. “That was our celebration. We’re just happy to be here.”Tags: 135th anniversary, Clery Act, fire, Mod Quad, NDFD, Notre Dame Fire Department The Notre Dame Fire Department (NDFD) conducts a fire drill for each dorm twice a semester. Thursday afternoon, it was Mod Quad’s turn.The firefighters on shift — Captain Michael Holdeman, firefighters Damien Cruz and Wayne Bishop and fire protection technician Dwight Niles — as well as Amy Geist from the Office of Human Resources and her yellow lab Dakota, piled into two fire trucks and drove around the corner to Pasquerilla East Hall for the day’s first drill.last_img read more

Joe Biden is projected to win

first_imgPolling averages had indicated Biden held a lead in the state.The state voted for Republican presidential candidates from 1972 to1988 before flipping to Democratic winners from 1992 to 2012. Then in 2016, Trump narrowly defeated Democratic nominee Hillary Clinton in Michigan by just 0.2% — the closest popular vote margin of any state that election.This is breaking news. Check back for updates. – Advertisement – – Advertisement – Democratic presidential nominee Joe Biden delivers remarks about health care at Beech Woods Recreation Center October 16, 2020 in Southfield,m Michigan.Chip Somodevilla | Getty Imagescenter_img Democratic presidential nominee Joe Biden is projected to win the state of Michigan, NBC News reported Wednesday.The projected victory for the former vice president comes in yet another state that incumbent President Donald Trump had won in 2016.Michigan has 16 Electoral College votes. – Advertisement – – Advertisement –last_img read more

600? Not a problem at all for Virat Kohli’s Team India

first_imgCheteshwar Pujara and Ajinkya Rahane scored hundreds while Ravichandran Ashwin, Wriddhiman Saha and Ravindra Jadeja smashed enterprising half-centuries as India declared their first innings at 622/9 in the first innings of the Colombo Test on Day 2.This is the second consecutive time India posted a 600-plus first innings score against the Lankans on this tour. The visitors scored 600 in the first innings of the Galle Test, that they won by 304 runs to take a 1-0 lead in the three-match series.Incidentally, this is the sixth time India have scored 600 plus in a Test match in the past seven months. (Ravichandran Ashwin fastest to Test double of 2000 runs and 275 wickets)Totals of 600 or more in Tests in last 7 months:India – 6All others combined- 1#SLvIND- Rajneesh Gupta (@rgcricket) August 4, 2017The first of six such scores was against England at Mumbai (631) which was followed by a humongous 759/7d against the Three Lions again at Chennai, thanks to Karun Nair’s unbeaten 303. India’s impressive show continued against the Bangladeshis. The home side hit 687/6d at Hyderabad in the one-off Test. The fourth one came against Australia in the third Test at Ranchi when India piled on 603/9d. (India ready with wherewithal to deal with the odd Virat Kohli flop show)In this series, India have scored 600 at Galle and 622/9d in the second Test at Colombo.Prior to the England series last year, India had not achieved 600 in an innings for nearly five years.Australia are the only other team to score more than 600 runs in a Test since December. They scored 624/8 declared against Pakistan in the Boxing-Day Test at Melbourne last year.advertisementGalle’s first innings total of 600 was the highest first innings score by an Indian team in Sri Lanka, topping the 537 that India made in the first Test in August, 1997 at the R. Premadasa Stadium, Colombo. However, that was beaten again in this Test match at Galle.It was also the second time that 350+ runs were scored on the first two days in a Test match in Sri Lanka.last_img read more