If it had been like previous years, Suresh Prasad Singh, 55, and Nagendra Prasad Singh, 60, of Balara Municipality-5, Sarlahi, would have finished sowing in their 2.5 bighas of fields by now. This time, the fields are not only barren, but these two farmer brothers have been in Indian jails for 20 days. They were arrested with 2 sacks of urea and 6 sacks of DAP that they had purchased from the Indian border market Sonvarsha after the government failed to provide them with fertilizer.

Before sowing, they had reached the border market Sonvarsha like in previous years to procure fertilizer. However, while they were bringing it on a bicycle, they were arrested on 17 Ashar by a joint team of the Indian Department of Agriculture and the Sashastra Seema Bal (SSB) on charges of smuggling fertilizer. After being arrested, they were initially kept at the Sonvarsha police station. Then they were sent to the Dumra jail in Sitamarhi district, and further hearing in the case has not been possible.

According to Praveen Singh, son-in-law of Nagendra, who is in custody, the local court in Dumra has requested documents with details of the incident from the Sonvarsha police on 25 Ashad. ‘So far, neither of them have been able to get bail. We have received information that the judge of the court is on leave,’ he said, ‘There is a delay due to the court process, we have not stopped going.’

According to family sources, the documents have reached the court from the police station, but there is confusion due to the cumbersome court process and delays in the legal process.

Sarlahi Chief District Officer Vijayraj Subedi Singh says that the Home Ministry has been informed about the arrest of the brothers.

‘Something may be happening from above, but we are coordinating with the Indian SSB at the local level,’ he told Kantipur. ‘We have also understood with the family what they should get from the human rights perspective, such as family meetings, food, and presenting them in court, and they have said that they have been able to meet them in that order.’ They say that other issues are happening from the higher level. ‘In informal conversations, they have said that they have been strict because the subsidy amount on fertilizer is high, it is not only for Indian citizens, but also for Nepalis,’ said Subedi. 

However, the family feels that the state has not taken enough initiative for the release of the Singh brothers. The family in Balara is under mental and financial stress after their brother was sent to jail in India. On the one hand, there is concern that the financial burden will increase as farming is not possible even though their only source of income is agriculture, while on the other hand, the tension is increasing as the state has not taken any initiative to release the brothers who are in prison in foreign lands. ‘Everyone in the village has already planted, but our fields are barren,’ son Aditya told Kantipur, ‘We are waiting for their release for farming.’

According to the Fertilizer Control Order (FCO) issued by the Indian government to ensure the price, quality and supply of fertilizers to farmers, fertilizers used for agriculture are among the items distributed as subsidies to farmers. There is a provision that such items cannot be taken out of the country without permission or for commercial purposes. India’s Essential Commodities Act, 1955, also defines fertilizers as essential commodities. Therefore, Indian security officials have been tightening the transport of fertilizers, which are among the essential commodities, to Nepal.

The government could not provide fertilizer, Farmers are arrested when they bring it themselves

India's Essential Commodities Act also has a legal provision that allows the seizure of materials seized in this way. Section 7 of the act states that anyone who violates any order in this regard can be imprisoned for 3 months to 7 years and fined. In addition, the law also provides for the seizure of vehicles used to transport those items. 

While the Indian government has been tightening the transportation of fertilizer, the government in Nepal has not been able to provide the necessary fertilizer to farmers. This has particularly affected farmers in the Terai-Madhesh region, which is known as the country's granary. There is a shortage of chemical fertilizers here every year during the farming season. Farmers complain that they have to queue for hours at local level and agricultural input company depots to get a single bag of fertilizer. Meanwhile, since the government has not provided fertilizer, farmers in the border areas have been forced to buy fertilizer from the Indian market and carry it on bicycles or heads to save their crops. 

Security personnel on both sides of the border have been confiscating the fertilizer and even arresting the farmers who bring it on charges of 'smuggling'. The latest victim of this is the Singh brothers from Sarlahi. According to government officials, in order for them to be released immediately, they should at least have a preliminary hearing and be ordered to be released on bail according to Indian law. However, the family is already frustrated due to the delay in the court process. 

Locals are demanding diplomatic and legal initiatives for the release of the Singh brothers. Singh's neighbor Anirudra Singh said that the government should take the initiative to release both of them, who were arrested while they were going to get fertilizer to apply in their own fields. "A farmer has been in an Indian jail for so many days, but the government has not done anything," he said. "Both of them are pure farmers, not smugglers. Therefore, the Nepal government should take the initiative to release them as soon as possible." Sarlahi Assistant Chief District Officer Hom Prasad Ghimire says he is coordinating with Indian security officials for their release.