BJP’s Raghubar Das government of Jharkhand launched a serious attack on the adivasi, dalit and OBC peasants’ lands in Jharkhand violating the basic features of Jharkhand’s tenancy laws and of the constitution of India. This attack is to implement Prime Minister Narendra Modi’s pet project ‘Make in India’ in Jharkhand for the loot of Jharkhand’s land and natural resources by the Desi and Videshi corporates. The ground is being prepared for pro-corporate showcase at the Raghubar Das’ corporate jamboree, scheduled to take place in Ranchi in February, 2017.

First came thousands of eviction notices issued by the government to adivasi, dalit and OBC peasants of Jharkhand from all types of Gair Majuruwa lands. Next came the government’s notification on Sthaniya Nivasi (local inhabitant) policy, completely diluting the land-related identity of a local resident and delinking it from jobs. Now, this attack has come on peasants’ lands.

SUBVERSION OF

TENANCY LAWS

On May 21, 2016 Jharkhand’s government issued two ordinances - The Chhotanagpur Tenancy Act, 1908 (Amendment) Ordinance, 2016 and The Santhal Pargana Tenancy Act, 1949 (Amendment) Ordinance, 2016. The main amendment is that the agricultural lands of Scheduled Tribes (STs), Scheduled Castes (SCs) and Other Backward Classes (OBCs) can be changed for the use by the corporates and land mafias for industrial, commercial, real estate and, after grabbing the lands, for speculative marketing purposes for profiteering.

Under Santhal Pargana Tenancy Act, 1949 (SPT Act) both urban and rural lands are not transferable whereas under Chhotanagpur Tenancy Act, 1908 (CNT Act) the lands are transferable with restrictions within the same castes and within geographical limits with administrative approval. Both these Acts are under Ninth Schedule of the constitution of India and are kept outside judicial review with the sole intent of early and effective implementation of the SPT and CNT Acts for restoration and protection of lands of the STs, SCs and OBCs.

By these ordinances, in one stroke, the lands of STs, SCs and OBCs are being made freely transferable and marketable through backdoor. In essence, both the CNT and SPT Acts are being made redundant and meaningless.

Both the ordinances incorporated a provision in each, as 21(B) in CNT Act and as 13(A) in SPT Act, reading as,

“Power to regulate non agricultural use: Notwithstanding anything contained in the act for the time being in force, State Government shall frame rules to regulate the non-agriculture use of land in such geographical areas and for such uses as notified from time to time by the State Government.”

The state government gave indication of such non-agriculture use of land by amending section 49 of CNT Act, “Transfer of occupancy-holding or Bhuinhari-Tenure for certain purposes,” which include ”industrial” in subsection 1(a), “mining” in subsection 1(b) and expanding to “Road, Canal, Railway, Cable, Transmission, Water Pipes and other service utility as pipelines, schools, colleges, University, Panchayat Building, Hospital, Anganwadi or any public purposes/project or activity which the State Government may add” in sub-section 1(c).

Extension of the listed and intended purposes in sub-section 49(1)(c) are, clearly, for real estates, educational institues and hospitals under private or PPP model as Raghubar Das government recently invited corporate bidding for super specialty hospital in Ranchi district hospital premises.                   

By these amendments, entire power of deciding the use of the agricultural lands of STs, SCs and OBCs peasants in Jharkhand is being usurped by the government. The government will frame rules followed by executive orders to serve the purpose of their foreign and desi corporate masters.

VIOLATION OF BASIC FEATURES

OF FIFTH SCHEDULE

Fifth Schedule of the constitution of India, meant for the protection of adivasi lands and their interests, applies in Jharkhand. 13 districts, three Blocks in two other districts and two panchayats in one more district of Jharkhand’s 24 districts were last notified as Scheduled Areas in 2007 under the Fifth Schedule of the constitution. 

It may be recalled that the Scheduled Areas were notified district-wise in 1977 in the present day Jharkhand area of the then united Bihar. After the formation of Jharkhand, Scheduled Areas were notified block-wise, excluding urban areas, in 2003.  Led by CPI(M), state-wide movement was launched and demand was raised for district-wise re-notification inclusive of urban areas. The PMO gave written assurance to CPI(M) and, thereafter, Scheduled Areas in Jharkhand was re-notified district-wise inclusive of urban areas.

The direction of the Fifth Schedule, inter alia, is to “prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such area;” and to “regulate the allotment of land to members of the Scheduled Tribes in such area.” Instead, the above ordinances of Jharkhand government moved in opposite direction for transfer and deregulate tribal lands for the use and allotment to national and foreign industrialists, businessmen, real estate promoters etc.

SUBVERSION

OF PESA

73rd amendment of the constitution of India incorporated Part IX in 1992 bringing panchayat system under the constitutional provision; but taking care to keep out the Scheduled Areas from it. A provision was made in the constitution for separate law for panchayats in the Scheduled Areas for the protection of tribal lands and their interests.

Accordingly, Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) was enacted with special features for the protection of tribal lands. The Act says, “the Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects…” Instead, by the above two ordinances, the Jharkhand government is permanently changing the character of the land in scheduled areas and acquiring sweeping power to decide these lands use through rules and executive order subverting the above provision of PESA. As per these ordinances, hereafter, the gram sabha and the panchayat in Scheduled Areas shall have no role on their land use.

The PESA also states that the panchayats and gram sabhas in the Scheduled Areas are empowered with authority “to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe.” The Jharkhand government’s two ordinances permanently removed the role of the panchayats and gram sabhas in respect of alienation of adivasi lands.

In essence, by these two ordinances, the Jharkhand government subverted the constitutional direction and purpose; and main provisions of PESA that is the gram sabhas deciding on acquiring land only for “developmental purposes” (not for industrial, commercial, real estate purposes) and on restoration of the alienated lands. Virtually, the two ordinances brought out panchayats from PESA and put those under general category under Part IX of the constitution with some cosmetic face without real purpose.

DEMANDS OF

ADIVASI ADHIKAR MANCH

Already, Adivasi Adhikar Manch (AAM), Jharkhand and some other tribal organizations, Jharkhand Kisan Sabha and other peasants’ organisations and several opposition political parties have been agitating against these ordinances.  AARM has urged upon the president of India not to give approval to the above two ordinance-related bills.

For the administration of Scheduled Areas, “the executive power of the Union extends to the giving of directions to the State as to the administration of the said areas,” as per the provision under the Fifth Schedule of the constitution. People are not aware as to whether Modi government has given any direction in respect of these two ordinances of Jharkhand government which have wide ramifications in the Scheduled Areas.

The martyrdom of Tilka Manji, Sidhu-Kanhu, Birsa Munda and others and thousands of adivasis laying down their lives in the 200 years of struggle against British Raj and zamindars for the adivasi right on land and forest in the present day area of Jharkhand, had compelled the British government to make Regulation III of 1872, which was enacted as SPT Act in 1949; and CNT Act in 1908. After independence, Scheduled V was incorporated in the constitution by Babasaheb Ambedkar and other framers of the constitution. 73rd constitutional amendment incorporating Part IX on panchayats kept Scheduled Areas outside its general provisions and PESA was enacted in 1996. All these are for the protection of, against alienation and for restoration of adivasi lands linked with adivasi identity.

Now all these are under attack by the BJP government in Jharkhand to favour foreign and desi corporates and land mafias to loot land and natural resources of Jharkhand.

All adivasi, dalit, OBC and other toiling peasantry, workers and other democratic sections must rise like one man to intensify the ongoing battle against these land grabbing ordinances; and defeat BJP government’s designs of large scale land alienation of adivasis, dalits, OBCs and others in Jharkhand.