Greater centralisation in Draft Seeds Bill a cause for concern

THE Seeds Bill, 2025 drafted by the Ministry of Agriculture and Farmers Welfare to provide for regulating the quality of seeds and planting materials of crop varieties is in the public domain for receiving suggestions by December 11. This is the third version of the Bill first proposed in 2004 with the objective of replacing the Seeds Act, 1966.Improved crop varieties are pivotal in agricultural production as all other crop management practices are tailored to maximise returns from this foundational input. Seed quality is thus of prime importance. Seed varieties are released for cultivation based on their performance or 'Value for Cultivation and Use (VCU)' evaluated in multi-year, multi-location experiments conducted under the All-India Crop Research Projects (AICRPs) of the Indian Council of Agricultural Research (ICAR), apart from trials at the state level.The best performers get released/identified at both state and Central levels, followed by 'notification' by the Central committee, thereby bringing seed production and supply under a legal framework. The seeds of notified varieties must meet such quality standards as genetic purity and germination percentage. The seed is sold through dealers registered with state governments and any shortfall in the quality claimed on the label or stipulated otherwise is liable to penal action.The regulatory system was established in the post-Green Revolution decades when the varietal development and seed production were largely in the public sector. The private seed sector, however, has now become a major player, accounting for about 70 per cent of the market turnover, but only a miniscule proportion of the private sector varieties is notified.The sector depends on hybrid varieties (requiring seed purchase by the grower every year) to ensure seed demand and the Protection of Plant Varieties and Farmers Rights (PPV&FR) Act, 2001 to gain IPR protection for its products. A few states, however, opt for the testing-based approval of the un-notified varieties and the regulation of sales and seed quality remain a grey area.The Draft Seeds Bill, 2025 proposes to deal with the above situation through a system of mandatory registration as a replacement of notification, which is voluntary as per the current Act. The implementation of this strategy, as reflected in the clauses of the Seeds Bill 2025, is marked by two strands — one, the centralisation of regulatory powers and two, a bias towards big seed companies and MNCs. These powerful entities may get greater access to farmers and be assured of high volumes of sales of seeds while the space for state-level interventions is likely to shrink.The placement of agriculture in the State List of the Constitution recognises the diversity in climate, soil, land-use patterns, cropping systems and other agricultural practices across different states and ensures a state-specific approach for agricultural development. Agricultural diversity in the northern region is evident among the three geographically contiguous states of Himachal Pradesh, Punjab and Rajasthan. There is a large variation even within small states like Punjab, marked by the kandi region versus the rest of the state.The centralisation of regulatory powers is evident from the cutting down of state representation in the Central Seed Committee from one member per state to five total members. The Central prerogative is also seen in several administrative aspects, such as fixing qualifications for the functionaries. The clause referring to the powers of Central government states: "The decision of Central Government whether a question is one of policy or not shall be final." With respect to the Centre-accredited multi-state companies, states are directed to accord registration forthwith and no intervention is allowed on any technical ground.The provision for a separate testing channel through accredited testing centres for generating VCU data for the private sector is likely to result in a stream for variety release without the elaborate and coordinated testing that the public institute products undergo. This would create an asymmetry with respect to the public sector. The likely high costs of the outsourced testing procedures would ensure that even within the private sector, MNCs and large companies would be better placed.The draft Bill also has a provision for the evaluation of VCUs outside the country. It allows for the acceptance of the information furnished by the importer on multi-location trials conducted in the exporting country, recognition of seed certification agencies located outside the country and the registration of varieties developed outside India based on the data generated there. These provisions place MNCs at a higher pedestal compared to the public institutes and Indian companies.The imprint of the private sector on the draft Bill is visible in the omission of open-pollinated varieties from the definition of a variety. These varieties are under cultivation in minor crops and less-endowed agro-ecologies on which no large corporate is working. The bias for MNCs is visible even in the categorisation of offences into trivial, minor and major made in the Bill. Practically only players other than the seed companies, ie, anyone operating without registration, are placed under major offences. Offences that can be committed primarily by registered companies, likes mislabelling and sales outside recommended agro-climatic zones are categorised as trivial.To list the positives, the continuation of the farmers' right to re-sow, share and sell (without branding) removes a major apprehension. The exemption of farmers' varieties as well as small nurseries from registration is another saving grace of the Seeds Bill, 2025.Forward-looking steps like the widening of the coverage to perennial crops and new types of planting materials, besides the integration of the seed chain with digital traceability, are in step with the changing times and offer new possibilities. There is a provision of exemption by notification, research and educational organisation from specific provisions of the Act.One area that needs to be addressed explicitly is a standing short-period exemption to new varieties released at the state level while the registration is in process to ensure smooth flow of improved plant material to farmers' fields.Agricultural states like Punjab and Haryana in the region have lagged behind southern and Central states in fostering a home-grown seed industry. Much of this industry came up under the regulatory flexibilities available to the private sector in current Act. The direction and substance of the Draft Seed Bill 2025 implying much higher regulatory costs might make it harder for upcoming start-ups and small players. These are important spaces in the seeds ecosystem which may get trampled under the large company juggernaut unleashed by this Bill.The importance of space and manoeuvrability to state governments in the Seed Act came out strongly during the recent attempt by the Punjab government to modify the varietal spectrum of rice in the state. The attempts failed when the ban on hybrid varieties (wherein milling issues were apprehended) and Pusa 44 (in the interest of conserving groundwater and reducing stubble burning) were shot down by courts of law. The Seeds Bill, 2025, however, has a clause wherein states can request the revocation of registration, which can be helpful in such cases.On the whole, in the absence of a suitable regulatory space, states have not been able to evolve a clear seed-related policy and their action, as in the above cases, is restricted to dealing with emergent issues. It is apprehended that greater centralisation under Seeds Bill, 2025 may further push back the possibility of Punjab proactively engaging the seed sector to serve its priorities of natural resource conservation and sustainability.

Greater centralisation in Draft Seeds Bill a cause for concern

The Seeds Bill, 2025 shows bias towards big seed companies and MNCs.

Navtej Singh Bains and Baldev Singh Dhillon

Greater centralisation in Draft Seeds Bill a cause for concern

The Seeds Bill, 2025 shows bias towards big seed companies and MNCs.

Navtej Singh Bains and Baldev Singh Dhillon

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