Farmers' rights in India: a case study

India is among the first countries in the world to have passed Farmers’ Rights and plant variety protection legislation. This study analyses the achievements, barriers and limitations of India’s approach so far. A key finding is that the attempt to establish a multiple rights system could pose several obstacles to the utilisation and exchange of plant genetic resources among farmers.

The paper reveals that the Indian case provides important lessons for other countries in establishing Farmers’ Rights. It also demonstrates that difficult issues must be tackled to implement Farmers’ Rights. The fact that agreement on defining and implementing Farmers’ Rights has not emerged in India - even after establishing a law on Farmers’ Rights - should serve as a signal internationally that legislations alone is not sufficient.

The paper further recommends that:

• a global mechanism is urgently required to promote some level of consensus on defining and implementing Farmers’ Rights
• Farmers’ Rights must also incorporate mechanisms to promote access and sharing of resources rather than only ownership rights
• farmers themselves must be seen as important stakeholders in policy making.

The paper sums up by warning that if we do not face up to the challenge of unambiguously articulating Farmers’ Rights, there is a risk that what has been achieved so far in establishing Farmers’ Rights could be lost.