What is kurki?
- It 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.
How is kurki executed?
- 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.
Why has a total ban on the century-old law not been achieved?
- A plea filed in the Punjab and Haryana High Court in 2018 sought complete ban.
- 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.
What is the ground reality?
- Farmers point out that they are made to give post-dated cheques for loan, which are then used to get arrest orders issued in cheque bounce cases.
- They have also accused money lenders of using pronotes signed by them to get kurki orders. “Pro-notes” (promissory notes) are written documents taken from farmers, and signed by them at the time of giving the loan.
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