Seeds Bill 2004

The Seeds Bill, 2004 was introduced by the Government of India to replace the outdated Seeds Act of 1966, with the objective of modernising the legal framework governing the production, quality, certification, and trade of seeds in India. The Bill aimed to regulate the seed industry in accordance with advances in biotechnology, plant breeding, and global trade, while ensuring that farmers had access to high-quality, reliable, and certified seeds.
Although intended to strengthen India’s seed sector and align it with international standards, the Bill sparked extensive debate among policymakers, farmers’ groups, and seed companies over issues of farmers’ rights, private sector control, and regulatory oversight.

Background and Context

The Seeds Act of 1966 and Seeds Rules of 1968 provided the first legal framework for regulating the quality of seeds sold in India. However, by the early 2000s, significant changes had occurred in agriculture:

• The rise of private seed companies and hybrid seed technologies.
• Increasing use of genetically modified (GM) and biotech seeds.
• India’s commitments under international agreements such as the World Trade Organization (WTO) and UPOV (International Union for the Protection of New Varieties of Plants).
• The need for a transparent system to protect both farmers’ interests and intellectual property rights of breeders.

To address these developments, the Government of India drafted the Seeds Bill, 2004, which was introduced in the Rajya Sabha on 9 December 2004 by the Ministry of Agriculture and Cooperation.

Objectives of the Seeds Bill, 2004

The key objectives of the Bill were to:

1. Ensure the availability of quality seeds to farmers through regulation of seed production and sale.
2. Establish a National Register of Seeds and maintain records of approved seed varieties.
3. Introduce mandatory registration of all seed varieties sold, including imported and genetically modified varieties.
4. Create a framework for seed certification, testing, and quality control.
5. Protect farmers from exploitation and ensure compensation in case of seed failure due to substandard quality.
6. Encourage private sector participation and investment in the seed industry while maintaining government oversight.

Major Provisions of the Seeds Bill, 2004

1. Regulation of Seed Quality

• All varieties of seeds for sale, import, or export were to be registered with a central authority.
• Registration would be based on criteria such as value for cultivation and use (VCU) and performance under Indian agro-climatic conditions.
• The Bill covered all seeds, including those of food crops, horticultural plants, fodder, and ornamental species.

2. Seed Registration and Certification

• A Central Seed Committee (CSC) was to be constituted to oversee registration and regulatory functions.
• A National Register of Seeds would be maintained, containing details of all registered varieties.
• Seed producers and dealers were required to obtain licences to operate.
• Certification agencies (both public and private) could be accredited to conduct seed testing and certification.
• Seeds not meeting prescribed quality standards could be de-registered.

3. Labelling and Information Disclosure

• Every seed package was required to carry a label providing details such as:
  • Germination rate
  • Purity level
  • Origin of the seed
  • Expected performance under given conditions
  • Genetic modification status (if applicable)
• Misbranding or false claims about seed quality or yield would constitute an offence.

4. Compensation to Farmers

• If a farmer suffered losses due to non-performance of a seed, the farmer could claim compensation from the producer or dealer under the Consumer Protection Act or through designated authorities.
• However, compensation was subject to adherence to prescribed sowing conditions and recommended practices.

5. Regulation of Imports and Exports

• Imported seeds were subject to registration and testing to ensure compliance with Indian standards.
• The Bill empowered the government to restrict imports of certain seeds in the interest of agriculture or biodiversity.

6. Genetically Modified Seeds

• The Bill mandated that GM seeds must be approved by the Genetic Engineering Appraisal Committee (GEAC) before registration.
• This provision aligned with India’s Environment (Protection) Act, 1986, ensuring biosafety compliance.

7. Farmers’ Rights

• Farmers were permitted to save, use, exchange, or sell their farm-saved seeds, provided they did not sell them under a brand name.
• However, the Bill was criticised for potentially limiting farmers’ traditional seed-saving practices and favouring commercial seed companies.

8. Penalties and Offences

• Offences such as sale of misbranded or unregistered seeds, or obstruction of seed inspectors, were punishable with fines and imprisonment.
• Penalties were graded according to the severity of the violation.

Institutional Framework

1. Central Seed Committee (CSC):
   • Apex body to advise the government on seed policy, registration, and quality control.
2. Registration Sub-Committee:
   • Responsible for evaluating applications for seed registration and determining eligibility based on field trials.
3. State Seed Committees:
   • Established at the state level to monitor implementation, seed certification, and enforcement of quality standards.
4. Seed Inspectors and Analysts:
   • Empowered to sample and test seeds, inspect storage facilities, and ensure compliance with prescribed norms.

Criticism and Concerns

Despite its stated objectives, the Seeds Bill, 2004 faced widespread criticism from farmers’ organisations, NGOs, and policymakers.

1. Impact on Farmers’ Rights:
   • Critics argued that the Bill restricted the right of farmers to freely exchange and sell seeds, undermining traditional practices recognised under the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001.
2. Favouring Corporate Control:
   • Mandatory registration and licensing requirements were viewed as mechanisms that would favour large seed corporations and disadvantage small and local seed producers.
3. Inadequate Compensation Provisions:
   • The compensation mechanism was seen as cumbersome, placing the burden of proof on farmers rather than on seed companies.
4. Weak Regulation of GM Seeds:
   • Activists demanded stronger safeguards against genetically modified seeds and their potential impact on biodiversity and livelihoods.
5. Overlap with Existing Laws:
   • Critics pointed out overlaps and conflicts with other legislations such as the PPV&FR Act, 2001, Biodiversity Act, 2002, and the Essential Commodities Act, 1955.

Later Developments and Amendments

• The Parliamentary Standing Committee on Agriculture (2006–07) examined the Bill and recommended several amendments to better protect farmers’ rights and clarify regulatory overlaps.
• The government subsequently proposed revisions to address these concerns, but the Bill lapsed with the dissolution of the 14th Lok Sabha.
• A revised version, the Seeds Bill, 2010, and later Seeds Bill, 2019, were introduced to incorporate feedback and emerging challenges, though these too remain under deliberation.

Significance of the Seeds Bill, 2004

Despite its lapsing, the Bill remains significant for several reasons:

• It reflected India’s attempt to modernise its seed regulatory framework in line with global developments.
• It highlighted the conflict between commercialisation and traditional seed rights.
• It initiated an important dialogue on seed sovereignty, food security, and farmers’ welfare.
• It served as the foundation for subsequent policy reforms in India’s seed sector.