Samagi Jana Balawegaya (SJB) today filed a Fundamental Rights petition in the Supreme Court seeking an order quashing the Cabinet decision to impose a ban on the usage of chemical fertilizers.
The petition states, the sudden decision to ban chemical fertilizers pose a risk to yield output.
It further states that it makes a significant impact on the farmers and their ability to fulfil financial commitments already undertaken.
The SJB General Secretary RanjithMaddumabandara, former Governor DrHemakumara Nanayakkara and former Minister P. Harrison representing “Samgi Govi Jana Peramuna Association,” an umbrella organization attached to SJB, filed this petition through Malawarachi Associates and senior lawyer Farman Cassim PC.
The petitioners cited Minister of Agriculture Mahindananda Aluthgamage, State Minister Mohan de Silva, Secretary to the Ministry of Agriculture Udith K. Jayasinghe, Attorney General and several others as respondents.
The petitioners are also seeking a directive to the respondents to formulate a national policy and an implementation strategy on the shift from chemical to organic fertilizer, in consultation with all stakeholders.
However, the petitioners maintained that they do not principally oppose the use of organic fertilizer for farming activities. They reiterated that fertilizer plays an important function in the farming process to maximize productivity, land productivity, and reduce the cost of production, resulting in more profitable farming and an increase in revenue.
The petitioners alleged that the farmers in Sri Lanka as directly impacted stakeholders were not consulted before the Cabinet Decision of the 27th April 2021 to ban the importation of chemical fertilizer.
They further alleged that Cabinet Proposal to ban chemical fertilizer has not been made available to any farmer or the general public to date.
The petitioners sad the Cabinet Decision of 27th April 2021 to ban chemical fertilizer is contrary to the prior representations made by the Respondents specifically concerning fertilizer subsidy.
The petitioners state, no representation is given to the farmers in the composition of the Presidential Task Force which is mandated to intervene and decide on several matters (fertilizer, methods of farming etc.) which directly impacts the livelihood of the farmers.
The Petitioners further state that currently, no fertilizer is made available to some of the farmers and an inadequate supply to other farmers to carry on their farming activities.
Despite three Cabinet Decisions to procure fertilizer on 31st May 2021, 9th August 2021 and 27th September 2021, to date, required quantities of fertilizer (organic or otherwise) have not been made available to the farmers, the petitioners said.
They further state that this poses a significant risk to the yield output in the upcoming season which may lead to issues in the domestic food supply, food security and export income to the national economy.
The petitioners are also seeking a declaration that fundamental rights guaranteed under Article 12(1) and Article 14(1)(g) of the Constitution of the petitioners and farmers have been violated by the respondents.
The petitioners said no knowledge dissemination or training on “know-how” has been provided to farmers in respect of the application of organic fertilizer, and its modes of production.
