The Politics of Land & the Besieged Lot##
Goldy M. George
I. The Debate of Land & People
We are in a crisis; the crisis of life, the crisis of livelihood, the crisis of sustainability
and so on. The state is helpless. As this crisis is further intensifying the prime point of
discussion today is the people-land-livelihood relationship and some of the conflicts and
its co-relation and how the indigenous people of the land are adversely affected. Human
life is highly concentrated on his relationship with land, forests and other resources. So
far the poor are concerned it is not merely a livelihood base but beyond that they have
an emotional attachment and spiritual relationship with it. Hence the basis of the
growing unrest is because of the outgrown alienation of relationship with the primary
life resource.1
1
Land issue has been never free from debates, which continues to this day. In India this
debate has taken different forms in different places based on the specific character of
the locality. Earlier the debate on land reforms was concentrated over issues like what
should be the ceiling limit, at what size do landholdings attain viability, or whether
tenancy as a practice should be allowed to exist under regulated conditions, or
eliminated altogether and so on so forth. There has been, particularly in the neoliberalization era, a noticeable shift both in the tenor and the content of the debate. 2
In the colonial period, the Zamindar's property rights were conditional; the colonial
state honoured the rights of the Zamindars as long as they paid the revenue. On the
other hand, the actual tillers were never in the scene. They were only as the tenants of
their masters or otherwise worked for their masters in their land. Soon after the
independence in most of the areas this land was appropriated by the Zamindars as
their private property.3
One of the major questions related with the whole issue is the manner in which the
state has approached this issue. Even after 62 years of independence the state – despite
the fact in change of governments under the auspices of different political parties – has
almost failed to address this issue in an absolute way. This raises an array of question
on the very character and approach of the state, rather the ruling class towards the
poor and working class or the proletariats of the country.
Land is by and large related with the production and distribution of resources on earth.
Thus the character of control and management of resources is closely linked with the
development of a social system. As relation of property in the means of production
drifts, for example land, the nature of relations among people in this process also alters.
On the one hand the sheer persistence of monumental social, economic and political
problems of India, provides attestation to the clear exploitative interests of her ruling
class and on the other, perhaps tragically, to the seldom-realised goals of its social
justice movements. Currently there is a great euphoria among the upper segments of
##
A discussion paper on land issues and land rights
George, Goldy M. "The Flaring Bihar", a paper relating the caste based violence and its co-relation with
land, in which the Dalits have suffered the most.
2
Sinha B.K. & Pushpendra edited "Land Reforms in India – An Unfinished Agenda" Vol. 5, Sage
Publications, New Delhi, "Editor's Introduction", page 17.
3
George, Goldy M. “The History of Land Issue & Land Struggles – The Case Study of Bihar”, Advocacy
Support Unit, page 1.
1
Indian society regarding the wondrous opportunities being made available by
"liberalising" her domestic economy. This opening up of the economy to mostly western
capital is not but the slow and sure surrender of her economic and political
sovereignty.4
A close examination of various land reforms laws has shown that the present legislative
measures have become so complex that a graduated or phased program of
implementation according to priority attached in each problem in various areas was
what was really absent in it. Beneath the undercurrents of the dominant landholding
system of Zamindari, land reforms and land distribution become more harsh and
formidable  in the newly arisen socio-political context. One of the classic instances of
this is the countrywide struggle on the question of land distribution between the rich
landholders and the landless poor across the country, 5 both in the pre and post
independence era.
2
II. Land Holding Pattern
The beginning of regularly assessed land revenue may fairly be traced to Akbar's
settlement, which began in 1571 AD. There had been some earlier attempts, but those
attempts were neither systematic not had the details. There was another great
settlement carried out by the Mohamaden kings of Dakhan (south), but that was almost
a replica of Akbar's settlement.
In the survey settlement of year 1571 AD the land was classified in the following
categories:
a)
Pulaj or Pulej land: The land that was continuously cultivated and did
not require fallow.
b)
Phirawati (rotational) land: The land, which requires periodical fallow.
c)
Chichar land: The land that lay fallow for three or more years, or rather
flooded or otherwise bad, and could only be occasionally dependent upon for
crop.
d)
Banjar Land: The land that has not been cultivated for five or more
years and considered waste.6
These categorizations were further classified into best, middle or average and worst. The
share of government, as a rule, was one third of the average produce on each of these
kinds of land. The average was calculated as one third of the aggregate produce on one
bigha sample spot. Since the collection of revenue was through a chain of
intermediaries, known as Zagirdars, the record of right aspect was rather weak. The
extensive data in Ayin-i-Akbari gives detailed account of assessment of revenue
payment, but was blind towards the actual tillers of land. 7 De facto the extensive record
keeping contributed to assessment of land revenue in terms of money at a later stage,
and that had become substantial or principal source of state's wealth, even before the
British took over.
Till the consolidation of their power and successful expansion, the British government
claimed the share in produce of land by ancient law. Gradually the government
conferred the right to decide about share upon itself. Between the years 1770-86, some
4
Jha, Shishir K. "Prospects of Radical Change in Bihar: Recuperating the Diseased Heart of India", page
1.
5
Mohan, Surendra "Arthaarth", in "Zameen Kiskhi Joote Uske", by Prabhat.
6
"Land Record", Participatory Research in Asia, New Delhi, page 9.
7
Ibid., page 10.
British administrators tried to apply western concepts and definitions regarding land
revenue, which failed miserably.8 The system that developed in Bengal as a
consequence of the compromise between western concepts and the power of the local
elite had formed the basis of the famous permanent (Zamindari) settlements. This
system had formally acknowledged intermediaries between government and the actual
tiller for the purpose of revenue assessment and collection.
With the gradual expansion of the British Empire in India, the administration in
different parts experimented with different systems through a trial and error method.
Finally, by the second half of the nineteenth century, the land revenue system that has
evolved in British India could be categorized as following:
3
2.1)
Zamindari
This system had one person for every estate, with whom government held the
settlement for the purpose of revenue collection and in return such person was vested
with proprietary interests in the land. Indeed he controlled the whole bulk of land,
including which others were operating or cultivating. This power was extensively used
through an unbridled process of expansion of territory by many Zamindars. Thus an
individual became the sole proprietor of large area. Always there was an untold or
unwritten understanding with the British government on this. The British supported
this expansion to the perimeters of another Zamindar, since it always added unruffled
surplus revenue to their treasury. Virtually this was the consolidation of British
revenue and reserves and the Zamindars not only acted as mediators but also as
mentors too.9
The British did little in the beginning to interfere with the existing land holding system.
The East India Company's rule recognized all grants before 1765 A.D. in Bengal, Bihar
and Orissa as valid.10 A century before the British rule, the Zamindars had developed
themselves as practical landlords and the position became hereditary in course of time.
It was perhaps the inevitable course of history. But it was during the British rule that in
Bengal for the first time the private right on land to Zamindars was legally granted as a
matter of policy and thereby revenue farmers were recognized as owners. This was done
with the recourse for the colonial rule in India. The Zamindari land revenue system
generally conferred the right of private ownership of land on persons who belonged to
the upper strata of the society. Many farmers became owners and the process
continued in several ways.11
Each Zamindar was fully entitled to bring the vast area of wasteland under the plough
by his own tenants so that in the course of time he became its owner. Such
appropriated areas were called khamar-nij-jot or sir land. The land purchase or
mortgaged in of fresh land went on increasing the size of personal estates. Unpaid rent
or arrears of rent were followed by the seizing of the land by the landlord who claimed
proprietary right on it. Apart from this each Zamindar got some land exempted from
revenue for his private subsistence, which was known as nankar. There was a marked
difference between the old Jagirdari and Zamindari under the British rule. While the
former system implied certain conditions of service without giving proprietary right,
Zamindari system on the one hand made those conditions obsolete and on the other
provided the ownership right to Zamindars.
8
Ibid. page 10.
George, Goldy M. “The History of Land Issue & Land Struggles – The Case Study of Bihar”, Advocacy
Support Unit, page 6.
10
Ojha, Gyaneshwar "Land Problems and Land reforms-Study with reference to Bihar", page 32.
11
Kotovsky, Grigory, "Agrarian Reforms in India".
9
2.2)
Raiyatwari
This system had evolved from the idea of surveying the districts and dealing with the
village and the Raiyat. The underlining principle of this system was that each man was
free to hold land, subject to payment of the assessed rent. In fact, for the purpose of
ascertaining the revenue payable from every cultivator every year, an annual account
was prepared through a simple process known as Annual Zamabandi.
2.3)
Mahalwari
In this system, the government dealt with estates held under one title consisting of the
whole of village or portion of several villages. Such estates were popularly known as
Mahals and were quite different from western concepts of estate in terms of ownership
and possession. In a way under this system the unit of assessment was estate or the
group of holdings under one title. The Mahals can be of various types. For example:
4
(i)
Local area held under a separate agreement for the payment of revenue,
and for which a separate record-of-rights has been framed.
(ii)
Any local area of which the revenue has been assigned or redeemed, and
for which a separate record-of-rights has been framed.
A third clause empowers the government to constitute any grant of land under
wasteland rules, a separate Mahal. In British India of early twentieth century 57% of
privately owned agricultural land was covered under Zamindari system; 38 percent by
the Raiyatwari system; and 5 percent by the Mahalwari system.12
It is important to understand these categories of land revenue systems because the
revenue system had direct bearing on land records. While the Zamindari system
continued to be based on intermediaries, the records maintained in Zamindari areas
remained silent about record of rights of the actual tiller. In Raiyatwari areas, due to
attempts for state's direct contact with the actual holder through Annual Zamabandi,
the records did have the mention of record of rights of the cultivators. In the Mahalwari
system, however the community's customary practices provided security to individual
landholders in the context of a record of rights.
III. Land & social groups
Primarily India is an agriculture-based country, and agriculture has been the
cornerstone of her economy for many centuries. The peasantry used to have a need
based production in almost in every part of the country. In early days there was no
master servant relationship, people used to toil and earn their day-to-day bread. Nor
there was any disparity or dispute over properly since everything was in common and
for all. People lived in communities and had a common sense and feeling of caring,
sharing and co-operation. Barter system existed in most parts of ancient India for long.
Hence to large extent there was a subsistent economy, even among the rustic poor.
This community feeling was battered with the offshoot of agriculture as a major
economy and source of capital accumulation. Surplus production ceased to be shared
with the have not and a new phenomena of storing the surplus gradually coined and
synthesized. Production and distribution based on the value of exchange changed the
situation upside down. This had severe implication to unpredictable magnitude. Man
engaged more in conquering and subjugating others and their resources. Those who
succeeded this attempt emerged as the eventual winners in every sphere – particularly
12
"Land Record", Participatory Research in Asia, New Delhi, page 10-11.
land, property and other resources. Hegemony of those winners still continues in a
major part of India.
Land is a productive asset but people are more emotionally attached with the land in
many ways. For many it is the symbol of their freedom. To some it’s the image of their
fight against the upper caste. It’s also the icon of reiterating the lost identity. To many
it’s an image of self-determination, co-existence and community feeling. But to the
corporate sector and agents of development it is a commodity to be consumed. The state
also takes side with these so-called think tanks. Land can be purchased and sold for
commercial purpose. Or even it could be acquired forcefully. The common man of the
country sacrifices himself for the relish and enjoyment of the elite.
5
3.1)
Land & Dalits
The owners of the land are today landless; that is Dalits. Historically they are one of the
long persecuted humanities betrayed of rights over land and any form of resources. In
most part of the country Dalits are either small or marginal farmers or landless.
Analysing it from the historical viewpoint they could be termed as the first plebeians of
ancient India.
In Chhattisgarh caste system is not only as strong as in the rest of North-India but
remained as the primary factor in the distribution of resources too. It is also decisive in
appropriating the power relations not only terms of political power but also in terms of
Dalits rights over any resources at large. It has exacerbated division within society. Due
to the social system of betrayal of land or resources or employment, large numbers of
Dalits migrate. Sizeable number among them falls in a trap of bonded labourers too.
Their life condition is wretched and extremely inhuman. Women and children are
subjected to atrocious harassment, sexual abuse and torture, particularly in the
migrated workplace.
Looking back at the land struggles of the past, the participation of Dalits in land
movement quite sizeable in various parts of the country, particularly in the violent
movements. In fact the character of the ruling class towards the Dalits was the same in
almost every part of the country. One of the principal reasons of the Naxalbari march,
by hundreds of rustic poor and landless peasants taking up arms in their hands, was
the growing unrest among the Dalits against the upper caste Hindus in West Bengal.
This process was very attractive bringing rural Dalit youths under its fold and therefore
it had a heavy replication in various parts of the country, where the masses were
brought under the banner of Marxist-Leninist movement towards the end of sixties.
Hundreds of youths came under its fold, as it entered the scene as the only alternative
to the dominant crisis. Thus in Bengal, Bihar and in parts of Andhra Pradesh the
Marxist-Leninist movement became a movement of Dalits. However the ideology of Dalit
as the lowest social strata and original inheritors of the land could neither be
recognised nor gain any momentum within the movement.
In Bihar Musahari and Bhojpur were the first places where the silence of the peasants
were decisively broken. Heroic Dalit figures like Jagdish Mahto, Ram Naresh Ram,
Bhutan Musahar, Rameshwar Ahir, and Dr. Nirmal Mahto were some of the early
leaders struggling to ignite the single spark that would light the prairie fire. By late
seventies many central and some northern districts of the erstwhile Bihar (now in
Jharkhand) were raging with the peasant struggles. Four reasons have come to
dominate the armed struggles in Bihar. The first and perhaps the most successful
reasons has been the relentless struggle on social issues. 64% of Bihar's population is
composed of the backwards and Dalits,13 the majority of whom have nursed a justifiable
historical grievance against the upper caste (13%), who dominated the economic,
cultural and political structures. The constant battle waged by the rural Dalits in
acquiring social dignity or "Izzat" against the bloodthirsty and avaricious behaviour of
upper caste landlords and rich farmers has been indefatigable and quite measurably
successful.
However non-of these movements emerge into a Dalit land movement with a perspective
of social change in the basic fabric of the structure. One prime factor of the failure of
the Indian working class movement was that upper caste bourgeoisie who never wanted
to change the basic social frame mostly led it. Therefore the realisation of change in the
Brahminical social order could not be internalised. 14
6
At present a strategic method of further seizure of land and property is lucid and
visible. In many places the land occupied by them is deliberately targeted under
different guise such as rural development programs, building schools, road
construction, etc. Another method is through the intervention of middleman, who
provides them with loans during the occasion of marriage, death, birth, festivals and
celebrations, and in return mortgage the land. Many such cases have come into light.
With the arrival of privatisation policy, the employment facility under reservation is
wiped-off the surface. Battering the growing consciousness among the Dalits is the
primary agenda of this. It is by all means to put the Dalits into more and more trouble.
If we look at the rate of migration of Dalits, it has gone up to alarming heights. As
globalisation and fascism compliments and strengthens each other, it also affects the
land-property relationship. Caste polity is corroborating its grip in new forms and the
people stand without much of options. Outbreak of communal tensions is also aimed to
make the Dalits realise that they are Hindus; thereby to bring them under the
Hindutava fold. This will divert the Dalits from the core issues of being powerless,
landless, resourceless, etc.
3.2)
Land & Adivasis
Both land and forest have indispensable part in the wholesome life of Adivasis. In the
past few decades there has been a gradual “weaning” away of Adivasis from the forest. 15
Adivasi culture and economy, in addition to being intimately linked with forests, have
also a close relationship to land. Land was not a private property it was the common or
community property. As Dr. Ram Dayal Munda puts it, the spirit among Adivasis was
that the land does not belong to an individual, neither a woman nor a man; its
transference by an individual will be illegal. 16
In the wake of these enforced changes in culture and economy, most of the Adivasi
communities are faced with a whole spectrum of problems, land alienation being the
major one among them.17 The spectrum of issues faced by the Adivasis, specifically
related to the land and forests, cannot take any concrete remedy unless there is a
13
Jha, Shishir K. "Prospects of Radical Change in Bihar: Recuperating the Diseased Heart of India", page
3.
George, Goldy M. “The Politics of Land & the Besieged Lot”, page 8-9.
Viegas, Philip “Encroached and Enslaved – Alienation of Adivasi Land and its Dynamics”. Published by
‘Indian Social Institute’, New Delhi.
16
Munda, Dr. Ram Dayal “Adivasi Identity: Crisis and Way out”, in Rising Fascism published by Update
Collective, New Delhi, page 57.
17
George, Goldy M. “Turning Tides”, page 1.
14
15
serious intervention. In a nation where thousands are landless and only a few handling
the chunk of land resources, the equitable distribution of land seems impossible. True
socialism cannot be practised under the existing circumstance. Land Ceiling Act hasn’t
been properly implemented in India, specifically in Adivasi areas.18 The gravity of the
problems of Adivasi land alienation has again underlined the need for renewed and
vigorous efforts to intervene on various fronts in order that Adivasis are not alienated
due to the so-called development. This calls for serious measures, legal, administrative
and socio-economic to effectively deal with the problems of alienation of Adivasis and
protection of their interests and rights in such lands. 19
7
Land alienation also leads to the state of depeasantization. Analysing the history of
Adivasis it is clear that they were never a working class community in its classical
sense. Classes are groups of people, of which one can appropriate the labour, owing to
the different places they occupy in a definite system of social economy. What basically
determines the difference between classes is their relationship to the means of
production.20 Based on this analysis of class society, one cannot term or classify the
Adivasis simply as the working class by virtue of owing land or working on land.
However it puts them into the category of small farmers and mostly they do not sell
their labour power to the bourgeoisie.
But recent Adivasi history testifies to the fact that a sizeable number of them are being
dispossessed of their land by mega projects (dams, industry, and mines). At the
national level, although they are only 8% of the population, 40% of the total displaced is
Adivasis. In terms of numbers, out of about two and quarter crore displaced persons
since 1950 (till 2000), 85 lakhs are Adivasis, of them only about 30 lakhs have been
offered some type of compensation, and the remaining 55 lakhs have been left by the
wayside.21 This is the proletarianisation process taking place through which an ethnic
group is being transformed into an exploited class.
3.3)
Land & Women
This is one of the most crucial issues in the whole question of land. Historically
women’s rights have been determined by the patriarchal social system. The caste
system substantiated it to the greatest extend. Indian women constitute one of the most
vulnerable and exploited sections of people in the world. The country has one of the
lowest sex ratios in the world; 1000 males to 923 females. Only 39.5% of women are
literate. There is one dowry death every 102 minutes, a rape every 54 minutes and
kidnapping or abduction every 43 minutes. Indian women on an average have 8-9
pregnancies, of which six live births can be expected, with 4-5 children surviving.22
Violence on women is at alarming heights in all parts of the country. They are neither a
part of the decision making process nor have any say in the existing power structure.
Hence it is a conscious, organised and strategic way of pushing them into the abyss of
poverty by refuting them the right to property and right to access and control over
18
Ibid. page 8.
Saxena, K.B. “Tribal Land Alienation and Need for Policy Intervention”. Published in ‘The
Administrator’, April-June 1991.
19
Lourdusamy, Stan “Recent Jharkhand History  Ethnicity & Class Perspective”, in Rising Fascism
published by Update Collective, New Delhi, page 43. For further details also refer “A Dictionary of
Political Economy”, Progress Publishers, Moscow, 1985, page 43
21
Ibid. page 43-44.
22
“National Perspective Plan for Women”, 1988, Department of Women and Child Development, New
Delhi.
20
livelihood resources. Ironically this has not come-up impulsively in any of the
prominent land movements in the country. Non-of the movements have raised the issue
of women’s right over land, property or livelihood resources. Perhaps one of the only
movement during which the women within the movement raised their voice for land
rights was the Bodhgaya movement.
8
In fact there was an ongoing struggle on one hand under the profound leadership of
Vahini, and on the other hand a serious debate on women role and women's
participation in resource management was on prairie within the movement. While the
Vahini activists conceded the male bias in their approach, there was a prolonged debate
on why women should have independent land rights, before the perspective of the male
peasant activists underwent a change. The role of women in Vahini could be seen from
two ends  one is their overwhelming role and participation in the land movement in
Bodhgaya and another is their fight against male domination within the organisation.
The former is significant since it was perhaps the first time that a large number of
women came out into the street to fight for their rights.23
In a traditional feudal society like Bihar where women are only destined to remain mute
and almost fear to open their mouth in any decision making process, it was a
revolutionary step for the women to get into such a tremendous act. The second one is
more important as the overall leadership in Vahini reflected the dominant patriarchy in
practice. Even within a movement women had very little space to speak and join in the
decision making process. As usual the male chauvinists were vibrant and the protest of
women for their space within the movement and also for their crucial rights as human
beings. In other words it was a profound affirmation of women both inside and outside
the movement.24
The Bodhgaya women's ability to ultimately overcome these multiple layers of
opposition appears to have depended on the interactive effects of several variables. First
is the strength of women's participation in and their considerable contribution to the
struggle, which over time was recognised by the men as not merely supportive but
crucial for a movement's success. Second was the growing solidarity among women and
their articulation of their gender specific interests as distinct from those of the men of
their class and community. Third the involvement of some middle class women activists
with a feminist perspective in Vahini and four the process of discussion in which
women insisted on their demands and persuasively countered opposing arguments. 25
One of the crucial parts of it was the Bihar state conference of Vahini in February 1982,
attended by some Bodhgaya activists (both peasants as well as Vahini members) a
decision was taken that women should be given land in their own names in any future
distribution. Subsequently, in two villages, lists were drawn up to give land only to
women and widowers, with the unanimous approval of the villagers. However, the
district officer in charge of registering the titles was no precedent for this and that land
could only be given to heads of households, who in India were usually men. The
villagers, however, adamantly refused to take any land unless it was given in the names
of the women. It took a while before land was finally allocated in the names of women in
two villages.26
George, Goldy M. “The History of Land Issue & Land Struggles – The Case Study of Bihar”, Advocacy
Support Unit, page 29.
24
Ibid, page 29.
25
Agarwal, Bina "A Field of One's Own Gender and Land Rights in South Asia", Cambridge University
Press, New Delhi, page 446.
26
George, Goldy M. “The History of Land Issue & Land Struggles: The Case Study of Bihar”, page 29-30.
23
However this is not the same in the case of other land struggle in the country. From
this one cannot make a general conclusion that women’s land rights struggle has won
the battle. Hence this can be only taken as a model of women’s land struggle for further
study, reference and analysis. However in this present context the whole process of
globalisation-liberalisation is battering the women to the greatest extend. They are the
first victims of poverty. Hence it has to be called the feminisation of poverty.
Quoting to Dr. Marry Pillai, poverty is deprivation and degradation which means
deprivation of basic needs and degradation of human values. Women are the first
victims of both deprivation and degradation. 27 Globalisation enlarges these gaps and
substantiates poverty. And it escalates. The breathing space that existed on land rights
within the existing structure has erased. Hence a new strategy needs to be planned on
women’s land rights movement.
9
IV. Land Rights vs. Industrial Acquisition
Industrial revolution, which made a colourful and dreamy entry, is turning out to be the
worst form of human development. The steady economic growth of industries with
active support from the state machinery is directly proportional to the unchecked
exploitation of masses. Most of them belong to marginalised communities such as
Dalits, Adivasis, women, working class, etc. Though during the pre-independence
struggle “factory to the workers” prominently came on to the national agenda, nowhere
in India had we witnessed this agenda being implemented in the post-independence era.
Resultant displacement, migration, repercussion of workers, loss of land and livelihood,
pilfering state revenue, forest resources, etc. has outgrown to monstrous level. 28
With the concept of Planned Development, planned mining was introduced in 1951.
The Private Sector and the Public Sector were clearly demarcated giving the Public
Sector a bigger role in India’s mineral wealth. There was spectacular progress in
Indian Mining Industry from 1947 to 1985 when mineral production grew by about
120 times. The Indian peninsular has had a varied and complex geology, as a result
of which rich mineral endowments covering a variety of mineral types are found.
Mining and metallurgy have always played an important role in India’s histo ry and
can be dated back to pre-Harappan period from 4,000 to 2,500 BC. For 3,000 years
India was the only known source of diamonds. 29
In India, as in most Asia-Pacific countries, exploitation of land for mineral resources
has a long history involving abuse and plunder. India’s Five Year Plans have focused
on mining to achieve ‘development’, demanding the forfeiture of people’s lands for
‘national prosperity’. Most mineral and mining operations are found in forest
regions, which are also the habitat for Adivasi (indigenous) communities. India is a
vast country and as such the history and status of mining varies between regions.
Mining projects vary from rat hole mining, small-scale legal and illegal mining, to
large-scale mining – most of which has been historically managed by the public
sector. Since the introduction of private sector participation in the 1990's, a number
of mining related community conflicts have arisen with far reaching consequences. 30
Pillai, Dr. Marry “Impact of Globalisation on Women”, paper presented during the 1st Chethana gettogether at Marthoma Education Centre, Charalkunnu, Thiruvalla, Kerala from 18 th to 21st April 2001.
28
George, Goldy M. “Yet they are denied of their rights”, page 1, www.countercurrents.org
29
Jha, Durga “Digging the Graveyard”, A Study on Mining of Jindal Group in Raigarh, page 1-7.
30
George, Goldy M. “Yet they are denied of their rights”, page 1, www.countercurrents.org
27
Mining industry gives employment to a large proportion of the industrial workforce. But
are the developments in the mining industry in keeping with national interests? This
draws a lot of controversial aspects related with this issue of mining at large. Hence an
attempts on various aspects related with the overall outlook on this question of
industrialization and mining with respect to the policies and legal aspects of the
government, Constitutional and other rights of the people, situation of some of the
communities in mining areas as well as the action of the state in relating with certain
specific cases of violence against the people needs to be discussed.
10
4.1)
Mining and the Question of Land – The Case Study of
Chhattisgarh
Chhattisgarh is the richest State in terms of mineral wealth, with 28 varieties of major
minerals. Chhattisgarh, along with two other Indian States has almost all the coal
deposits in India, and with this the state has planned the power hub strategy. All the
tin ore in India is in Chhattisgarh. A fifth of iron ore in the country is here, and one of
the best quality iron ore deposits in the world is found in the Bailadila mines in south
Chhattisgarh, from where it is exported to Japan. Rich deposits of Bauxite, Limestone,
Dolomite and Corundum are found in the State. The State is lucky to have large
deposits of coal, iron ore and limestone in close proximity, making it the ideal location
for the lowest cost of production.
All doors for private participation in the mining sector are widely open in Chhattisgarh.
The State’s Mineral Policy, 2001 has created conducive business environment to attract
private investment in the State, both domestic and international. Procedures have been
simplified. At the same time the state is willing to provide resources and manpower
having trained in tailor-made programs in geology, geophysics, geochemistry, mineral
beneficiation, mining engineering, etc.
The State is ensuring a minimum lease area with secured land rights so that investors
can safely commit large resources to mining projects. For surmounting the long-drawn
out process of getting mineral-related leases, at the State level, quick processing of
applications is given top priority. For major minerals under the Mines & Minerals
(Development & Regulation) Act, where approvals are required from Government of
India, the State Government is helping in strong advocacy to get such approvals
quickly.
Sarguja, Raigarh and Bilaspur districts are the coal zones in Chhattisgarh. It is
estimated that more than 72 thousand acres of land have leased out to SECL for coal
mining, by which hundreds of villages have already been affected. Bastar and Durg
districts have some of the rare quality of steel in the world. Nearly 20 thousand acres of
land have been occupied for mining steel in Bailadeela and Dalli Rajhara area of these
districts.
Heavy deposits of limestone are also found in Chhattisgarh region. In an area of three
districts itself, i.e. Raipur, Durg and Bilaspur, there are 10 big factories of all big
industrial houses and with many more small ones and its auxiliary units. Most of these
have been established in the last 15-18 years. Huge diamond deposits in Devbhog
(Raipur) and Bastar are also in the eyes of the MNCs. In all for cement industry 2990
acres, 14530 acres for rice mills, 7665 acres for steel industry, for ferry alloys 940 acres
and 285 acres for re-rolling mills have been already acquired in the area. Apart from
these 18652.377 acres of lands has been rendered on lease for other mining purpose.
Therefore land acquisition followed by the adverse impact on the people is a major issue
in Chhattisgarh.31
31
George, Goldy M. “Questions Arising from Chhattisgarh”, page 4-6.
There is a cement factory run by Ambuja group (formerly by Modi group), which has the
largest production capacity in Asia. Its total capacity was 10.46 lakhs in 1992. But to
produce that they have engaged only 300 workers. 24 years ago Tata had put up a
cement factory in Jamul near Bhilai. It had a production capacity of 4 lakh tons and the
number of workers are 1800.
In Janjgir-Champa district alone, 16 new MoUs for power plants have been signed by
the state government. An approximate estimation of 48000 acres of land is required for
these, which includes establishment of plants, establishment of ancillary units,
dumping space for overburden, fly-ash, colony development for staff, etc. For all these
projects coal will be brought from Jashpurnagar, Raigarh and Korba districts. Water
would be drawn from Mahanadi, Maand, Sheonath and Kelo rivers.
11
Between 2005 and 2007 Jindal alone had applied for the prospecting licence (PL) and
mining licence (ML) for 6110.95 sq km and another 1559.172 hectare (3852.66 acres) in
Dantewada, Bijapur, Narayanpur, Rajnandgoan, Bilaspur, Janjgir-Champa, Raigarh,
Jashpur and Surguja districts. The minerals in this are iron ore, limestone, dolomite,
coal, diamond, precious & semiprecious gemstone, etc. All these regions and districts
where Jindal has applied for mining licence falls within Adivasi areas.
It also means several hundred million tonnes per annum of solid wastes and fly ash will
be indiscriminately dumped on land. These would contain heavy metal constituents
that will eventually leach into both surface and ground water regimes over the years,
making the water unfit for human and animal consumption as well as damaging to all
other forms of life. Health consequences will inevitably follow; they will now have
started, since it takes a number of years for the leachates to penetrate fresh water
sources.
So far the people are concerned the situation is grim. They are pushed beyond the
margins and the space is further withering. Usurpation of thousands of acres of land is
a usual phenomenon of all mining and industrialisation process. Women are the most
pretentious in this process, as they bear triple burden. They remain as the unobserved
recipient of all these misfortunes. Due to automation and mechanisation even the
employment opportunity provided by these industrial houses disappeared in the course
of time. Health in general in these areas and more specifically occupational health is
another area of severe concern. Education for the children of the already battered strata
has become a distant dream.
4.2)
Rights of Mineworkers
Four years back we did a survey of Vedanta’s bauxite mines in Mainpat and Daldali. At
Mainpat, the biggest single bauxite mining complex in Chhattisgarh, we met around
thirty Adivasi workers, un-helmeted, clad in shirts and sarees under a blazing sun, as
the lateritic overburden was blasted. They then moved in with a few iron rodes and
hammers, to break and sort the ore before loading it by hand onto waiting trucks. The
same story is that of the workers in the Daldali mines of Vedanta.
Virtually all Vedanta’s bauxite miners are contract labourers. Those we met at Mainpat
informed us that, on a good day they can earn just over 60 rupees (less for women), for
delivering one ton of ore. In Daldali it is different story since the rates are different for
different group of people. Those who could bargain better rates get better and those who
couldn’t bargain it to their level are the lost ones. Particularly the Baigas couldn’t
bargain to the extent of the Gonds. However it won’t be more than 60 rupees per person
per day.
Again in Mainpat their habitations are small thatched hovels, perched over the quarry,
deprived of electricity and adequate water. “There’s only one hand pump to serve 150
families,” a young Adivasi woman worker, Mati Shahu, told us. “The company provides
no medical facilities and if someone is injured we have to take them ourselves by taxi
down to the plains”, continued Mati. Villagers at another site complained that, day and
night, the silica-laden dust from the mining blew into their windows, covering walls and
floors.
In Bodai-Daldali of Kabirdham district, which again is another of the mining areas of
Vedanta, in typical fashion, Baigha inhabitants from the first of four Adivasi settlements
in the project’s pathway have been ejected from their homes, without due legal process,
and dumped on the plains in the heart of a nonAdivasi community. They had to leave
behind their crops.32
12
In June 2005, Vedanta’s contract labourers at Mainpat went on strike against the
appalling conditions to which they are subjected. On July 18 2005, another 2500
contract workers at the Vedanta’s Korba expansion project 200 km further north, went
on strike to protest a worker’s death on duty. They reportedly smashed the windows of
three vehicles and set a company ambulance on fire, accusing the management of being
casual in their demand for security equipment. A Centre of Indian Trade Unions (CITU)
leader claimed that eight workers have died at Vedanta’s expansion work site during the
previous 12 months. On July 19th 2005, police baton charged the striking workers,
injuring seven, instead of consoling the family of the deceased that has four children. 33
Employment issues are of deeper concern in mining areas. Dalli-Rajhara is an iron oremining town. It meets the total iron ore requirements of the Bhilai Steel Plant. In DalliRajhara, the Rajhara mechanized mine has been running since 1958. The preparations
for mechanizing the Dalli mine began in 1977. By 1978 the situation of mechanization
became even more clear and lucid, when at deposit no. 5 in Bailadila mines, 10000
labourers were rendered jobless at one stroke. All resistance was crushed. 10000 huts
were burnt down, numerous women raped, and labourers fired upon. The orgy of
mechanization forced nearly 10000 labourers to face the desperation of hunger. A
growing argument was that machinery in question was produced in Russia and was
therefore socialistic, progressive machinery – however it did not mitigate the grim fate of
these labourers.34
4.3)
Ecological Concerns
This state, carved out of Madhya Pradesh, is both rich in its forest and mineral wealth.
The state has heavy deposits of iron ore, coal, limestone, bauxite, dolomite, tin ore,
gold, etc. and is also rich in the deposits of precious and semiprecious stones like
diamond, corundum, alexandrite, garnet, etc. Chhattisgarh produces 25% of the total
iron ore production of the country. The main iron ore producing areas are: Bailadila,
Raoghat and Dalli-Rajhara. The main bauxite producing areas are Phutka Hills, Main
Pat, Samri Pat, Keshkal valley and Maikal ranges. The state is also a huge producer of
limestone and dolomite and is being targeted for diamond prospecting and mining in a
big way. Diamond are reported from in Payalikhand and Behradih villages of Deobhog
area of Raipur and Tokpal of Bastar district. These are present in the form phenocrysts
in kimberlite-like volcanic rocks. The main coal producing areas are: Korba Colliery,
“Vedanta Resources plc Counter Report 2005 Ravages through India”, by Nostromo Research and
India Resource Center, London page 10
33
IANS report, July 20 2005
34
Niyogi, Shankar Guha “Mines Mechanisation and People”, in “On A Rainbow in the Sky… The
Chhattisgarh Mukti Morcha”, Centre for Education and Communication, New Delhi, page 48-57.
32
Hasdo- Rampur Colliery, Mand-Raigarh Colliery, Vishrampur Colliery, Lakhanpur
Colliery, Tatapani-Ramkola Colliery, Jhilmili Colliery, Sonhat Colliery, Jhagrakhand
Colliery, Chirmiri-Kurasiya Colliery.35
13
The following areas within the state containing different minerals are being looked at for
future exploitation: Deobhog in Raipur district and Tokpal in Bastar district has been
identified for the exploration of Diamond; Bijapur in Bastar district for Corrandum;
Saraipali of Mahasamund district for Gold and Tin (Cassiterite); Bailadila, Raoghat and
areas in Rajnandgaon district for iron ore; Jhanjhar, Meru, Durg, Bhaupratapur,
Kondal area of Kanker district for gold; Renger, Markanar, Vasanpur area of Dantewada
district for tin; Chhirahi-Newari, Saradih, Garrabhata and Patharkundi village of Raipur
district and Sakti area of Janjgir district for limestone. In addition 500 lakh tonnes of
high grade dolomite has been found in Lagra-Madanpur in Champa-Janjgir district; 5
lakh tonnes of metal grade bauxite in Dorima (or Barima) of Surguja district; 220 lakh
tonnes of coal has been identified in Hardi Bazar-Kertali in Korba district; 170.4 lakh
cubic metres of flagstone having different shades and colours has been demarcated in
revenue land of Chitrakot and Matkot area of Bastar district; clay and Banded
heamatite quartzite (BHQ) in the Balod area in Durg district. 36
4.4)
Land Acquisition versus Land Purchase
In recent time a new tendency is observed among the corporate houses to appropriate
farmland. Instead of engaging the state in acquiring land, the corporate house has
started buying land directly from the farmer. This trend is widely seen in some of the
areas of Janjgir-Champa district where the corporate house directly bought land from
the farmers. In fact the latest amendment in the LAA bill to be tabled in the parliament
consists of some of these aspects. The proposed amendment says that land acquisition
wouldn’t be the responsibility of the government. 70% should be directly either acquired
or bought by the company itself. State’s responsibility would only be limited to provide
30% of land either through acquisition of public land or by transferring government
land in favour of the company.
4.5)
Mining on Forestland
The mining areas have a huge overlap with the forest and Adivasi areas in the state and
the increasing mining activities and allied industries have had a tremendous negative
impact on these. An ongoing study by the Forest Survey of India (FSI) looking at ‘Forest
cover in metal mining areas’ shows some revealing statistics. In the Bastar district, one
of the biodiversity rich areas of Chhattisgarh, out of the 13,470 ha area under leases for
iron ore mining, 11,657 ha is covered by forests. 37 This of course indicates the forest
within the actual lease, but the impact on the forests, biodiversity and the communities
dependent on this region due to ancillary impacts of mining extends far beyond the
actual lease area.
Conflicts over industrialization and particularly mining in Chhattisgarh have existed for
more than five decades in different forms. In earlier days it wasn’t taken to be conflicts
as such, but only as immediate questions related to the question of inadequacy. The
standpoints of trade unions were also only one-dimensional related to increment in
wages or related matters of labourers. It could never address the entire questions
mining in totality. Moreover mining has been strongly presupposed as a major means of
George, Goldy M. “Mined in! Mined out!! & Mined Off!!! – An Analytical Study of Mining Policy of
Chhattisgarh”, National Centre for Advocacy Studies, Pune, page 42.
36
Chhattisgarh Biodiversity Strategy and Action Plan (draft), 2002, Forest Department, Chhattisgarh.
37
A study of FSI, 199 (unpublished). Cited in State of Forest Report 1999, Forest Survey of India,
Dehradun, page 62.
35
industrial development contributing to the state economy. So how a means of
development could be understood as a conflict is another point. Over the course of time
the very definition of state and its economy has changed. 38
Very first impression on reading the Chhattisgarh mineral policy – 2001 is that it is
meant for increasing private participation in the mining sector by creating conducive
business environment to attract private investment in the State. For realizing th is
administrative procedures have been simplified and all impediments are well taken
care by the state. Except the Forests Conservation Act 1980, that the state feels to be
a big problem all other obstacles are slowly removed off.
14
V. Forests & People
For some time the question of forest, people and displacement have been striking our
ears every now and then. It has become the buzzword in media circles, movements,
people’s organisations, NGOs, etc. Whenever there is a new development, particularly a
new project being launched by the state in connivance with international agencies such
as the World Bank, ADB, or even the corporate sector – with respect to the Indian
forest, this again comes to us as a massive destruction move. Displacement in the name
of forest conservation, protection of forests and wildlife and removal of people from
reserved/protected forests has become a common feature to the forest based
communities. In many places one could find lots of cases of multiple displacements as
well. This could be widely observed in different parts of India, particularly after the
interim order in the case of Godavaraman Thirumalpad vs Union of India (W.P 202 of
1995). This is case has given a new turn to the conflict situation.
Forests, the nurturer of thousands of Adivasis and other forest workers, are also under
inspection of the corporate investors. The government along with the forest department
has been engaged in dispossessing the forest-based communities under the pretext of
forest conservation and wildlife protection. Currently the situation is that almost 17
lakh acres of land has been demarcated as protected area for the sake of wildlife
conservation, where people face the threat of eviction. According to government sources
there are more than 250 villages with a population above 35000 standing at the brink of
dispossession. The majority of them are Adivasis and other unprivileged strata. Adivasis
living inside the forest are almost bonded labourers of the forest department. 39
In Chhattisgarh 10 major projects have already been completed, for which 257032.585
acres of land have been lost. In all 238 villages have been affected by these dams and
their rehabilitation has not yet been done. In addition to this there are 30 medium
projects affecting 123 villages, for which 32745.13 acres of land have been acquired.
Further there are 8 projects in pipeline and 6 medium projects have been proposed
affecting 150 villages for which c acres of land is to be occupied. Majority of the land
lost is either forests land or fuelled the destruction of forests. These are the statistics in
2000 when the state was about to be created. This chart has probably grown much
higher.40
Another major reason of forest destruction is the mass felling of trees for commercial
purpose. In many areas of Chhattisgarh there are cases of coop felling of trees and this
happens through the forest department. Powerful lobbies of timber contractors,
politicians, bureaucrats are actively operating the illegal felling. One major case of
George, Goldy M. “Mined in! Mined out!! & Mined Off!!! – An Analytical Study of Mining Policy of
Chhattisgarh”, National Centre for Advocacy Studies, Pune, page 53.
39
“Neeti Marg”, Vol 2, No 25, page 14, September 2000.
40
Ibid, page 14-15.
38
similar character in which the Adivasis were deceived was exposed in Bastar. This case
drew a lot of attention and a CBI investigation was ordered. In fact the case was filed in
the Supreme Court against a large number of people and due to the positive
intervention of the court some of the government officials were also suspended.
VI. And Water War
All water sources originate from the indigenous land and the indigenous people have no
say in the entire question of rights over water. Clearly, the intention of the Government
is to establish market principles in the operation of the water sector, depoliticizing the
sector by creating an independent tariff regulatory body. The country needs to urgently
recognize that so long as we persist in spreading Green Revolution-type agricultural
development to all regions, there will be no relief from the growing water crisis.
15
In the last 15-20 years, there have been several developments that aided the
privatization of water. Bottled water became easily available in local markets. An expose
by a non-governmental organization showed bottled water defaulting on the requisite
quality standards, thus bringing into the open the darker side of privatization. The
entry of global corporations brought a fundamental shift in the nature of water
privatization. The players are mainly multinational corporations who have the backing
of the World Bank, which in turn wields enormous influence over governments and
policy-makers. The private players are therefore in a position to control whole cities and
whole sections of the rivers.
In Chhattisgarh as per quick estimates, the state would require a hefty investment of
about Rs. 9,651 crores to fully develop the estimated 43 lakh ha of its irrigation
potential as against the existing irrigation potential of 13.37 lakh ha. A similar situation
exists in the urban water sector also. For example the Municipal Corporation of Raipur
has proposed an urban water scheme costing Rs. 397.42 crores to meet the water
requirements of the city till the year 2031. 41 Again Chhattisgarh is the first state in
India where the then Madhya Pradesh government had leased out in 1998 a 23.6-km
stretches of the Sheonath River near Durg town, to Kailash Soni, a businessman, on a
22-year renewable contract. Soni prohibited local people and fishermen in the area from
using that stretch of the river in order to supply water to his big clients - the waterintensive industries in the region. Given the manner in which the contract was
formulated, Soni could get away by saying that he had not privatized the river but was
providing a service to the people. The former government headed by Ajit Jogi however,
decided in April 2003 to cancel the contract with Soni's Radius Water Company.
However the Radius Water Company threatened to file a suit against the government
after which the decision was taken back. In a similar manner there are similar cases
where the water is being taken off the public domain and being deployed into the hand
of corporate sectors in states like Orissa, Jharkhand, Kerala, etc. 42
Though undeclared almost in a similar fashion the government has leased out part of
Kelo to Jindals in Raigarh. A similar plan is well set on card to deal with industrial
water demands by carving out small length of other rivers such as Mahanadi, Maand,
Kharun and other extents of Sheonath.
Officially, 19 water privatisation projects are in different stages of implementation in
India at present but unofficial accounts put the figure at 40. The 19 projects under
implementation are in Tamil Nadu, Maharashtra, Karnataka, Kerala, Himachal
41
42
George, Goldy M. “Rice, Sustainability & Food Sovereignty”, page 6.
Kaur, Naunidhi “Privatising Water”, Frontline, Volume 20 – Issue 18, August 30 –September 12, 2003.
Pradesh, Manipur, Rajasthan, West Bengal, Andhra Pradesh and Sikkim. 43 While eight
of them are being run by French corporations, the others are by Japanese and
Australian concerns. The Indian market is estimated to be worth over $2,000 million.
Major global corporations including the top three global water giants Suez and Vivendi
of France and RWE-AG of Germany, have shown interest in the Indian market. These
three corporations control over 70 per cent of the water systems in Europe and North
America. Vivendi has operations in 90 countries around the world, and Suez in 120.
Together these water corporations are targeting four areas within the water sector:
water and waste water services, water treatment, water-related construction and
engineering, and innovative technologies.44
16
An obvious case is Rajasthan where water will be supplied to the towns of Jaipur and
Ajmer from the Bisalpur dam. The ADB, which is involved in the project, has absolved
itself of all responsibility by telling the affected communities living near the dam site
that it is not funding the dam but only taking the water and supplying it to the cities.
While the ADB encourages full cost recovery and managerial efficiency for water
resources, experts in developing countries warn of the consequences for the poor, who
are already squeezed by the vagaries of an inflationary economy. Much of this
privatization spree has been facilitated by the Urban Development Ministry, which
released a set of guidelines for the State governments encouraging them to move
towards “private partnerships”. These guidelines are in tune with half a dozen reports
produced by State governments and the World Bank that outline the blueprint for
privatizing the country's water.45
While the Water Policy has de facto redefined water rights and undermines the
community’s rights of people, this has never been debated in Parliament, which is the
only body, which can legislate on resource rights. The Water Policy is therefore a
subversion of the Constitution and a hijack of the peoples’ natural rights to water as a
vital resources needed for sustenance. This is a surreptitious attempt to establish the
Principle of Eminent Domain in water, which was always peoples' resources, in place of
the Public Trust Doctrine that define the role of the state with respect to natural
resources, the collective wealth of the people. Creation of an El Dorado orbits around
the industries in India.
VII.
Modern Trends in Farming
While discussing on land rights and land related issues it is also essential to investigate
the modes and means which in some form or other has outgrown in recent times. A
quick recap of what has been happening in Chhattisgarh would also draw our attention
to the national picture too. India being agriculture based economy and a country where
almost 70% of its population depends for its subsistence, the utilization of land under
the genetically modified formula of crop production has also evolved a culture of monocrop cultivation too. This has developed a dangerous trend among the different layers of
farmers. Further it also challenges the very foundation of sustainable agricultural
economy.
Sustainability is a process by which a community lives in close contact with the nature
and preserves the harmonious relationship among human being. In all the cases we
would find that the most important aspect is that there are some basic values that
sustain the mutuality within the community and that of life. That is the most important
aspect of life. Sustainability of any community depends upon the strength of mutuality.
43
Annual Report 2004, Ministry of Water Resource, New Delhi
Kaur, Naunidhi
45
Ibid.
44
This in fact gives birth to the process of harmonious development. In developmental
terms this gives rise to the concept of containing food sovereignty, which again is yet
another means of sustaining the community life and spirit. Food sovereignty goes
beyond the common concept of food security, which merely seeks to ensure that a
sufficient amount of safe food is produced without taking into account the kind of food
produced and how, where and on what scale it is produced. It encompasses of
sustainability and sustainable development practices. 46
17
Hypothetically food sovereignty involves the following
- Prioritising local agricultural production to feed the population and the access of
women and men to land, water, forests, seeds and credit.
- Production is need-based for local consumption not for market.
- Sustaining the traditional systems of community life in an organic manner with
rights over resources. Since land belongs or belonged to indigenous poor who
had worked on it, they have a legitimate right on these resources.
- The right of peasant to produce food and the right of consumer to decide what
they want to consume and how and who produces it.
- Essentially involving people’s participation in the definition of agrarian policies,
right from land development to crop choice.
- Envisioning and ensuring discrimination (caste, colour, gender)-free social
relationships in order to enhance appropriate human relationship that is closed
associated with the production pattern.
- Acknowledging the right of women peasants who play a key role in agricultural
production.
- Drawing most of our financial resources for development from within rather
than relying on foreign investment and foreign financial markets.
- The right of all nations to protect themselves from excessive and cheap
agricultural and food imports (dumping). 47
Little by little the entire agriculture land in the state has and is being converted into
non-agriculture land, for industrial purpose. The cultivation pattern that has evolved in
the last two decades has raised serious questions on farming. Much of the farmers are
left without water for cultivation, while the government is busy leasing out portions of
the rivers to industrial houses. Non-availability of water is denial to cultivation. Denial
of cultivation leads depeasantisation of community. This is happening at an elevated
pace.
Peasantry in Chhattisgarh have been encountering the fact of denial to cultivation and
that is why in most of the villages they have lost their attribute as a peasant. Thus they
are more inclined towards migrating out as they find it as the best alternative of earning
money. This adds impetus and strengthens is the process of depeasantisation. However
in the same area big farmers find it easy to adopt the hybrid varieties of paddy. Some of
them are also of the option to go for GMOs although they don’t understand what it is all
about.
In the last one decade the government of Chhattisgarh had been consistently
propagating new farm model. On one hand the state is promoting alien plantation
culture and on the other hand they are advocating of crop rotation. Massive plantation
of saffed musli and jetropha was promptly endorsed in the whole of the state. While
saffed musli is said to be for the promotion of herb culture in the state, jetropha is
meant for extracting fuel. In Bastar district itself nearly 1500 hectares of paddy
46
47
George, Goldy M. “Rice, Sustainability & Food Sovereignty”, page 1.
Ibid.
farmland was turned into musli farmland. Many other individual landlords had adapted
to this pattern and they say it gives more returns than rice paddy cultivation. 48
Resembling to this is the case of jetropha, which is upheld under the pretext of alternate
fuel generation. Scientific studies say that jetropha is highly destructive to the
surrounding environment as well as for the despoliation of soil. Many specialists are of
the opinion that the seeds of jetropha was first sent to India in late 50s and early 60s
along with wheat from US and European countries as part of their aid package to
combat the severe famine. Since then the seeds began to breed in every part of the
country wherever the aid was provided. Ironically in US and most of the European
nations it has been banned after reaching a scientific conclusion of its inimical
impression on human habitation. 49
18
Currently crop rotation has now become a common parlance among development
experts at the national level. In Chhattisgarh the former government was of the opinion
to promote sugarcane production instead of rice. It was advocated through the entire
government machinery that rice is less productivity and of lesser market value and
contrary to this the sugarcane is high yielding as well as high market value. The prime
intention was not do any good for the people but the introduction of sugar industries
and sugar lobby in Chhattisgarh. Rice mills and rice market has so far saturated in
Chhattisgarh. However people in the rural areas resisted this move bravely.
Nevertheless this is still on cards.
Contract Farming is another aspect being established through this process. In fact
many dalals (middleman) are already moving across the rural areas to buy land in order
to promote corporate contract farming. Strings of such processes were already on the
rise during the last one decade. Land mafias become very active in the past one decade
buying and selling large plots of land. Most of the land had been appropriate with this
purpose of establishing private farmhouses. This sprouted the monoculture cultivation
pattern stubbing all existing sustainable production practices. Monoculture along the
line of profit generating economics is the role model to the marginal farmer or even the
landless labourers who bank on sharecropping (adhiya), contract farming (regha) and
other similar systems. Hence a transformation of agri-culture into agri-business even
among the landless labourer is what is happening.
VIII.
Conclusion Remarks
8.1)
Land Reforms
It is under this context that we need to develop a wider understanding and proper
perspective about the diverse dynamics of land issue. Land reforms, decentralised
resource control, regeneration of soil and water as well as rights to housing, work,
education and health are to be at high priorities. In all way land reforms is an
unfinished task and land struggle is an ongoing phenomena. A lot of serious effort
needs to be put into this. De facto it is only possible with the development of a new
culture of change in the mindsets of the masses. No measure could be enforced
properly without a cardinal change in the overall attitude of the society. Land reform,
broadly conceptualised as a corrective measure to ensure equitable man-land
relationship, implies changes in laws, rules and procedures governing the rights, duties,
and liberties of individuals and groups in control as well as utilisation of land.
8.2)
48
49
Ibid, page 4.
Ibid.
Land Rights versus Depeseantisation
Majority of the people in Chhattisgarh are agriculturists. To understand the dynamics
of land problem in the totality, one needs an understanding of the logic of the
underlying forces that govern its ownership pattern. The specific economic form in
which unpaid surplus labour is pumped out of the direct producers, determines the
relation of the rulers and the ruled. 50 Hence land problem of a particular area has to be
understood from its historical perspective. Historical evidences are ample to prove the
conception of depeasantisation as a net result of the uneven structural changes that
have taken place from time to time due to the commoditization of the economy in which
land plays a critical and predominant role.
19
8.3)
Refutation of Legal Rights
Many legal aspects that support eh people are also refuted in this process. The
fundamental rights upheld by the Constitution are refuted time and again. Ensuring
people’s right as per Article 19 (i), (e) right to settle in any part of the country, 19 (o),
(g) right to practice any profession, 19 (i), (f) right to acquire, preserve and transfer the
property and Article 21 right to live and livelihood are not part of the State’s
concerns. Directive principles of State’s policy, an essential component of the
Constitution of India, which provides the guidelines to the State, is never followed by
the state government. While dealing with similar cases Article 38, assures the
protection of the social order and promotion of welfare of the peopl e, Article 39 (a)
right to earn a dignified livelihood, 39 (b) the State shall in particular direct its policy
towards securing – that the ownership and control of the material resource of the
community are so distributed as best to sub-serve the common good; that the
operation of the economic system does not result in the concentration of the wealth
and means of production to the common detriment, Article 46, The State shall
promote….the Scheduled Caste and the Schedule Tribes, and shall protect them from
social injustice and all forms of exploitation, Article 47, duty of the state to develop
the standard of living of the people, Article 48, to protect agriculture and animal
resource, and Article 51 A (g), (i) It is the fundamental duty of every citizen of India –
to protect the natural environment including forest, lakes, river and wild life are
violated at each and every stage of alienation.51
Industrial activity, particularly mining in forest areas grossly violates major provisions
under the National Forest Policy 1988 such as Sections 2.1, 2.2, 3.1, 3.2, 3.4, 3.5, 4.3,
4.4, 4.6, and 4.9. 52 Similarly in Scheduled Areas all provisions with regards to the
Scheduled Area Act as well as the provisions under the Panchayat Raj Act are clearly
violated. In Section 4 (a) it clearly states, “a state legislation on the panchayats that may
be made shall be in consonance with the customary law, social, and religious practices
and traditional management practices of community resource”. Further Section 4 (b)
says, “every gram sahbha shall be competent to safeguard and preserve the traditions
and customs of the people, their cultural identity, community resources and the customary
mode of dispute resolution”53.
The Scheduled Area Act or the Panchayat Extension to Scheduled Area Act (PESA) is
one powerful weapon in fighting unjust mining. The whole of Samatha judgement is
based on this Act itself. However it will depend upon the fact whether it is a forest area
or an Adivasi belt to make use of such provisions. Gross irregularity and corruption in
granting the mining lease are involved. the planned economic development invited a
Rout, Shyama Prasad “Land Alienation and Adivasi People’s Rights: A Case Study of Mayurbhanj
District in Orissa”, JNU, New Delhi.
51
For further details refer to the Constitution of India
52
National Forest Policy, 1988.
53
For further details refer Panchayat Extension to Scheduled Area Act 1996.
50
lot of infrastructure projects, but it has displaced an uneven number of people. In
MP Land Revenue Code 1957, Section 170-B deals with Adivasi land. This section
blocks the transfer or any sort of transaction of Adivasi land to non-Adivasis. 54
Certainly this is applicable in the new state of Chhattisgarh too. Again this is not a
national policy barring transfer of Adivasi land to non-Adivasis. However land could
be taken away from Adivasis for anything that would be National Development
applying LAA. Therefore one law or act contradicts another.
It is beyond all doubts that industrial land acquisition and free market economy
goes hand in hand. The mechanism of compensation and rehabilitation is a
supportive kitty of the corporate sector; this only pauperises the poor than a change
in their destiny. The principles of compensation never estimates or often forgets that
on the very first day of reaching a rehabilitation colony, a poor family has to buy
firewood, which they procured free from the Common Property Rights (CPR). 55
20
The tripartite of politicians, bureaucracy, and capitalist raise a whole range of
questions. The hire and fire formula of the capital-fascist brigade, the coherence of
world capital with global fascism has permeated fast across. The state should
become more responsible and accountable to the masses. In the globalised era, the
sweeping changes in political structures, coupled with the disempowerment of state,
it won’t be so easy for the people to survive. All measure of a ‘welfare state’ has
disappeared in the whirlwind of planned development and further outgrown with the
globalisation liberalisation policies. Only the people’s rise with acute political clarity
of taking up power, the state power can save them from this trauma.
With regards to the question of right to produce the first and foremost issue is the
conservation and control of indigenous plant genetic resources. One of our biggest
concerns in food and agriculture is to save the tremendous diversity of plant and
genetic wealth that has evolved over many centuries of experiments and hard work by
the cultivators. In Chhattisgarh where paddy is the main crop and rice the staple food
of the common and above all nearly 80% of the total population is based on it,
preservation of this biodiverse heritage is a big challenge. Who decides what to cultivate
and when to cultivate, people or vested interests?
Similarly the knowledge system that has emerged over the centuries through the
wisdom and ethical and equitable cultural ethos will get lost in a while. Farmhouse
culture had already put and is putting these knowledge systems at stake. Corporate
sector aims to control food and agriculture systems for profit generation. Hence this
raise a genuine question of peasant’s right to produce. Right to produce cannot be
addressed unless establishing roper land rights and equitable land distribution is
established as it is by and large related with the production and distribution pattern.
The implementation of land reforms has been subverted by the absence of political will
and bureaucratic commitment, loopholes in the law, tremendous manipulative power of
the landed class, lack of organisation among the poor and excessive interference of
courts. Therefore the intended benefits to the poor in general and particularly the Dalits
and Adivasis failed to materialise.
From various studies and reports yet another reason for the failure of land reforms is
the failure to update land records in all states. In addition to this tardy implementation
54
Section 170-B of the M.P. Land Revenue Code. This is also applicable to the state of Chhattisgarh.
George, Goldy M. “Global Capital Vs People’s Power – People’s Struggle Against Gopalpur Steel Plant
and Corporate Giants”, National Centre for Advocacy Studies, Pune, page 28.
55
of legal and legislative initiatives, judicial delay in setting up disputes, inadequacy of
the laws and so on had contributed a lot in affirmation of land rights in India.
Any question of sustainable land rights cannot be addressed without recognizing the
common property resource character of water. Effective regulation of water could
emerge as the single most critical issue of rural governance in the 21st century. The
non-sustainable policies of water consumption in the last 60 years have left our rivers
dead and polluted, our ground water depleted and contaminated. The water scarcity
induced by manmade policies is creating water riots between people and water conflicts
between states. After having created a water crisis in our water abundant land,
endowed with mighty rivers and a rich culture of water conservation, the government is
now offering false solutions that will further aggravate the water crisis and intensify
water wars. This commoditisation is also an assault on the very basic cultural values of
people.
21