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5th September 2022 (7 Topics)

Kurki

Context

A farmer committed suicide in Punjab while sitting on a dharna outside the administrative complex against kurki orders for his land.

About

About kurki:

  • Kurki means attachment of a farmer’s land, already pledged to the money lending institution or individual, in case of a loan default.
  • Apart from banks, private moneylenders, commission agents also get these decrees against farmers from time to time.
  • Execution of Kurki:
  • Kurki orders are executed under Section 60 of Civil Procedure Code, 1908.
  • The land which is pledged by the farmer to the bank or money lender gets registered in their name.
  • In some cases, the land is auctioned as well.
  • The process begins after the money lender moves court to get kurki orders in case the farmer is unable to pay back his loan.
  • In kurki, attachment of farmer’s land as well as his tractor can be done as per the Section 60.
  • In 2017, the then Amarinder Singh government abolished Section 67-A of Punjab Cooperative Societies Act that enabled cooperatives to recover unpaid loans through auctioning of land mortgaged by farmers.
  • However, Section 63-B, 63-C of the Act were not dropped to prevent attachment of land.

Why has a total ban on the century-old kurki law not been achieved?

  • A plea filed in the Punjab and Haryana High Court in 2018 sought complete ban on kurki.
  • However, the Punjab government in its affidavit stated that there was no need to ban kurki as relief was being given to farmers in terms of loan waiver, compensation etc.
  • Moreover, it stated that Section 60 of Civil Procedure Code, 1908 – under which kurki takes place — was over 110 years old and needed complete revision.

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