Garlic is considered a special ingredient in the kitchen. It is definitely used in making spicy vegetables. But what is garlic after all? Is it a vegetable or a spice? This question is also in discussion because the Indore Bench of Madhya Pradesh High Court has given an important decision regarding this.
In fact, on the request of a farmers’ organization, Madhya Pradesh Mandi Board had included garlic in the vegetable category in 2015. However, soon after this, the Agriculture Department canceled that order and citing the Agricultural Produce Market Committee Act (1972), put it in the category of spices.
2017 order kept intact
Now Madhya Pradesh High Court has again put garlic in the category of vegetable. A division bench of Justices SA Dharmadhikari and D Venkataraman upheld the 2017 order, which held that garlic is perishable and hence it is a vegetable.
Farmers can sell in both markets
The court also said in the decision that garlic can be sold in both vegetable and spice markets. This will eliminate restrictions on trade and both farmers and sellers will benefit. This decision of the court will also affect thousands of commission agents of Madhya Pradesh.
The case was pending in the court for years
Let us tell you that this matter was pending in the High Court for many years. First of all, Potato-Onion-Garlic Commission Agent Association had reached Indore bench in 2016 against the order of the Principal Secretary. After this, in February 2017, the single judge gave the verdict in his favor. But this decision created panic among the traders. He argued that this decision will not benefit the farmers but the commission agents.
Double judge bench heard
After the court’s decision, petitioner Mukesh Somani filed a review petition in July 2017. This petition went to the double judge bench of the High Court. This bench again sent garlic to the spice shelf in January 2024. While giving the verdict, the High Court said that the previous decision will benefit only the traders and not the farmers. After this, garlic traders and commission agents had demanded a review of that order in March this year. This matter came before the bench of Justice Dharmadhikari and Venkataraman.
Permission to change rules
Indore’s double bench, in its order on July 23, reinstated the order of February 2017. In this decision, the Managing Director of the Mandi Board was allowed to make changes in the Mandi rules. Exactly the same was done in 2015 also. The order said that the market is established in the interest of the farmers and traders, so that they can get better prices for their produce, therefore, whatever bye-laws are made or amended, they should be considered in the interest of the farmers. Will go.
What did the court say in the order?
The order said, ‘Farmers had said that garlic should be allowed to be sold as a (vegetable) through agents, whereas the state government has recommended selling it as a spice.’ On this, Joint Director of Madhya Pradesh Mandi Board Chandrashekhar said that due to the court order, commission agents will be allowed to bid for garlic in vegetable markets.