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April to June 2025 Article ID: NSS9896 Impact Factor:8.05 Cite Score:21 Download: 0 DOI: https://doi.org/ View PDf
Farmers’ Rights Protection in India: A Legal and Socio-Economic Analysis
Dr. Lok Narayan Mishra
Assistant Professor (Law) Govt. Law College Rewa (M.P.)
Abstract: Agriculture remains the backbone of India’s rural economy and food
security system. Indian farmers have historically preserved, improved,
exchanged and cultivated seeds and plant varieties through traditional
knowledge and community-based practices. However, the growth of commercial
agriculture, intellectual property protection over plant varieties, market
concentration in the seed sector, climate vulnerability, and agrarian distress
have raised important legal questions concerning the protection of farmers’
rights. India responded to these concerns by adopting a sui generis legal
framework through the Protection of Plant Varieties and Farmers’ Rights Act,
2001 (PPV&FR Act). Unlike conventional plant variety protection laws, the
Indian framework attempts to balance breeders’ rights with farmers’ rights by
recognising the contribution of cultivators in conserving and developing plant
genetic resources. This paper examines the concept, evolution and legal
protection of farmers’ rights in India with special reference to the PPV&FR
Act, 2001 and its relationship with constitutional guarantees, international
obligations, biodiversity law and seed governance. The paper argues that while
India has adopted one of the most farmer-sensitive statutory models in the
world, implementation gaps, lack of awareness, procedural barriers, weak
benefit-sharing mechanisms, and the growing pressure of commercialization
continue to undermine the effective realization of farmers’ rights. The paper
concludes with suggestions for strengthening legal protection through
institutional reforms, better registration support for farmers’ varieties,
stronger compensation and benefit-sharing systems, legal literacy, and improved
coordination between agricultural, biodiversity and intellectual property
regimes.
Keywords: Farmers’ rights, PPV&FR Act, plant variety
protection, seed sovereignty, benefit sharing, agricultural law, biodiversity,
India.
