Vous êtes sur la page 1sur 12

IRJMSH

Vol 5 Issue 10 [Year 2014]

ISSN 2277 9809 (0nline)

23489359 (Print)

Dalit Access to Land in Rajasthan: Land Reform as Redistributive Justice


since Independence
Lakshmi Narayan Singh
Research Scholar (PhD)
Department of History and Culture
Jamia Millia Islamia, New Delhi

Reena Gupta
Research Scholar (PhD)
Department of Educational Studies
Jamia Millia Islamia, New Delhi

We have no land because others have usurped it ... -Dr. Ambedkar


Abstract
In the traditional Hindu hierarchical society Dalits were called Shudras or Harijans or Panchmas
and were socially, economically and politically a suppressed people. Placed at the bottom of the
caste hierarchy they survived by performing functions like scavenging, leatherwork, etc. During
colonial period they constituted the bulk of the agricultural labour force and worked as farm
servants and casual labourers. Very few (less than 10%) Dalit families possessed agricultural
land. They had no right to own land nor were they considered to be peasants or tillers of the soil.
The existing social customs did not grant them the status of occupancy tenant, though they might
have cultivated lands as tenants and sharecroppers. In the case of untouchables, therefore, there
was a clear correspondence/correlation between social and economic status. Land is the basis of
all economic activity. It is the most important asset in an agrarian economy like India where
majority of the population in rural areas are dependent on agriculture, labour and animal
husbandry. Land issues have thus attracted equal attention from policy makers and academicians.
After independence, India engaged in a conscious process of nation building with stress on high
productivity and equitable distribution of land. In rural societies, ownership of land is
coterminous with social status. Its unequal distribution reflects prevailing social stratification and
helps maintain the hierarchical structure of the society. While large landowners invariably
belong to the upper castes and the cultivators to the middle castes, agricultural workers are
largely Dalits and tribals. The denial of access to land, functions as a means of exclusion and a
mechanism of bondage. Landlessness is at the core of Dalit dependence on caste Hindus. The
unequal land distribution has created a kind of class of society in our villages. So the unequal
distribution of land has created a lot of gap between the rich and the poor and further created
independency on landlords. The landless, whose only remaining asset is their labour remain
dependent on large land holders for their survival. When Dalits seek protection of the law against
caste Hindu atrocities, retaliation comes in the form of denial of wage work on the lands of caste
Hindus. Land reforms in India helped to abolish all forms of intermediaries in terms of
landholdings viz, Zamindari, Inamdari and landlord system. Those tilling the land at the time of
the abolition of intermediaries were conferred ownership rights and tenants were given
protection.

International Research Journal of Management Sociology & Humanity ( IRJMSH )


www.irjmsh.com

Page 309

IRJMSH

Vol 5 Issue 10 [Year 2014]

ISSN 2277 9809 (0nline)

23489359 (Print)

Introduction
The Dalits
In the traditional Hindu hierarchical society Dalits were called Shudras or Harijans or Panchmas
and were socially, economically and politically a suppressed people. Placed at the bottom of the
caste hierarchy they survived by performing functions like scavenging, leatherwork, etc. During
colonial period they constituted the bulk of the agricultural labour force and worked as farm
servants and casual labourers. Very few (less than 10%) Dalit families possessed agricultural
land. They had no right to own land nor were they considered to be peasants or tillers of the soil.
The existing social customs did not grant them the status of occupancy tenant, though they might
have cultivated lands as tenants and sharecroppers. In the case of untouchables, therefore, there
was a clear correspondence/correlation between social and economic status. And yet in the 1920s
and 1930s militant Dalits throughout India were more concerned about the identity questions.
They rejected both the Harijans and Ati-shudra identity and struggle for equal rights.
Land is the basis of all economic activity. It is the most important asset in an agrarian economy
like India where majority of the population in rural areas are dependent on agriculture, labour
and animal husbandry. Land issues have thus attracted equal attention from policy makers and
academicians. After independence, India engaged in a conscious process of nation building with
stress on high productivity and equitable distribution of land. In rural societies, ownership of
land is coterminous with social status. Its unequal distribution reflects prevailing social
stratification and helps maintain the hierarchical structure of the society. While large landowners
invariably belong to the upper castes and the cultivators to the middle castes, agricultural
workers are largely Dalits and tribals. The denial of access to land, functions as a means of
exclusion and a mechanism of bondage. Landlessness is at the core of Dalit dependence on caste
Hindus. The unequal land distribution has created a kind of class of society in our villages. So
the unequal distribution of land has created a lot of gap between the rich and the poor and further
created independency on landlords. The landless, whose only remaining asset is their labour
remain dependent on large land holders for their survival. When Dalits seek protection of the law
against caste Hindu atrocities, retaliation comes in the form of denial of wage work on the lands
of caste Hindus.
This is often coupled with social boycott, which includes the stoppage of water supply to Dalit
lands, non-supply of necessities of life and so on. Fair distribution of land strikes at the roots of
an unequal social order and skewed power relations. It frees the marginalized from the clutches
of perpetual bondage, for want of a sustainable livelihood. Laws and regulations in India prohibit
the alienation of Dalit lands, set ceilings on a single landowner's holdings, and allocate surplus
government lands to be re-distributed to Scheduled Castes (SCs) and Scheduled Tribes (STs).
However, land ownership patterns remain skewed. Land reforms resulted in the creation of
middle level peasant who belonged to all castes except the scheduled caste.1
Land reforms in India helped to abolish all forms of intermediaries in terms of landholdings viz,
Zamindari, Inamdari and landlord system. Those tilling the land at the time of the abolition of
intermediaries were conferred ownership rights and tenants were given protection. The
1

Smita Narula, Broken People: Caste Violence against India's Untouchables (Human Rights Watch, 1999), p. 2728.

International Research Journal of Management Sociology & Humanity ( IRJMSH )


www.irjmsh.com

Page 310

IRJMSH

Vol 5 Issue 10 [Year 2014]

ISSN 2277 9809 (0nline)

23489359 (Print)

protection and enlargement of control and command over land are crucial issues for the poor. It
is estimated that all efforts taken together including Bhoodan and distribution of government
wasteland accounted for less than10 percent of the cultivated land25. It may not be possible for
all rural poor to be accommodated but there is scope for utilizing the wasteland for providing
access to the poor and also eliminating the bias against the poor in land relations. The desire to
possess land is strong among the poor as ownership of land denotes ones social status. The
small extent of the declared surplus was due mainly to the poor legislation with large number of
loopholes. Thus, the opportunity for a more equitable distribution of land was lost. However the
abolition of intermediaries and imposition of land ceiling on land-holdings had, over time,
contributed to the growth of capitalist farming and arrested concentration of land ownership.
Although intermediate land tenure system could be effectively removed through Zamindari
abolition, equity in the agrarian structure could not be brought about. Concentration of land
shifted from a few individuals to a few communities. Land reforms with four important
components - abolition of intermediaries, tenancy reforms, fixing ceiling on land holdings and
consolidation of land holdings - were major policy interventions. It was a strategy of social
change through the intervention of the state. However, reform implementation was radical and
successful in some respects like abolition of intermediaries while ceiling on land holdings was
imposed with a half-hearted approach leading to dismal failure in many states.2
I
Land Distribution and Status of Dalit
Land is considered to be the most important productive asset and its possession is the prime
indicator of status in rural India. More than three decades time has elapsed since the enactment
of Land Reforms legislations in different States, paving the way for limiting the extent of land
held by a person and the distribution of surplus land to poorer sections. It is pertinent here to
examine the position and utilization of land by the poorer sections and whether it has brought out
any significant changes in their livelihood. A vast majority of Scheduled Caste families eke out
their livelihood from agriculture, mostly as agriculture labourers and some from farming
operations. In the distant past the Dalits were forbidden to possess land on account of religiously
sanctioned and socially enforced caste prescriptions. In the feudal times Dalits did not and could
not have a place in the scheme of things set up by the rulers for a smoother and more profitable
collection of taxes. In the struggles waged by the Communists against exploiting zamindars to
Dalits could not gain access to land to the extent equity called for. The land reforms policies too
failed to fulfill the promise the state had made to the Dalit landless agricultural labourers. The
nexus between feudal economy, caste hegemony and a bureaucracy steeped in vested interest
continues to deny Dalit their rightful share of land. 89 percent of Dalits still remain landless or
own smallholdings of less than an acre.3
India, being a country with predominantly rural economy, agricultural land plays a vital role in
providing livelihood to the majority of rural population in this country. Out of the total work
force in the Country 41% depends on agriculture and land related livelihoods in this country. In
2

Ibid.
Fr. Thomas Pallithanam, Rekindling Hope? Access, Retention and Development of LAND: A Dalit Perspective,
AP Social Watch, 2007, Pp. 3-15.
3

International Research Journal of Management Sociology & Humanity ( IRJMSH )


www.irjmsh.com

Page 311

IRJMSH

Vol 5 Issue 10 [Year 2014]

ISSN 2277 9809 (0nline)

23489359 (Print)

Northern Indian States 70% of population depends on agriculture and land related activities for
their livelihoods. Government of Rajasthan made efforts towards equitable distribution of lands.
The largest body of Land Reforms legislation ever to have been passed in so short a period in
any country was in post independent India.4
In addition to the implementation of the provisions of the above Acts, conferring rights to the
tillers, the Government has taken up distribution of Government waste lands, ceiling surplus
lands, Bhoodan lands and restoration of illegally alienated tribal lands to the original owners i.e.,
the Tribals in the Scheduled Areas. As a matter of fact, the policy of assignment of Government
land to depressed classes started from 1892 and continued vigorously with certain periods of
gaps, after independence also.
With the above background, this paper seeks to bring out the impact of land distribution and
safeguarding the land rights of Dalits. In that context, it is relevant to bring out a historical
outlook on Land Survey and Settlement, current status of land records, transfer of property rights
and loopholes and contradictions in Land Laws in North India.
National Statistical survey
The 1999-2000 National Statistical survey (NSS) data illustrated that around 10 percent of the
SC households were landless as compared to 13.34 percent in 1992 and 19.10 percent in 1982.
Though landlessness was decreasing, the rate of decrease was marginal. On the other hand, 6.15
percent of the non SC/ST households were found to be landless in 1999-2000, as compared to
10.53 in 1992. Landless and near-landless (households owning less than 0.40 hectares of land),
the percentage was 79.20 for SCs, 52.90 for the non SC/STs in 1999-2000. As on September 30,
1996, of the 52.13 lakh acres distributed at all-India level, about 18.08 lakh acres were to SC,
and 26.74 lakh acres were to non-SC/ST persons (according to report of National Commission
for Scheduled Castes and Scheduled Tribes). 18.49 lakh of the beneficiaries were SC, and 25.53
lakh were non-SC/ST. The land distributed per beneficiary was 0.977 acre for SC/ ST which was
less compared to 1.047 acres for non-SC/ST. A substantial proportion of the land distributed to
Dalits is not in their possession, owing to encroachment by non-dalits.5 Land distribution is on
paper. Actual possession of land, based on the measurement done at the site, is not given effect.
In exceptional instances where Dalits do get to own land, they are dispossessed of it sooner or
later.
There is a strong correlation between land and atrocities. Tajaram and Bhawari Devi were the
only Dalit couple in village of Bhaniyana, Pokhran, Rajasthan who owned land. Wanting to
usurp their land to extend the campus of a nearby private school, several dominant caste villagers
intimidated the couple. On the night of December 7, 2006, they forcibly entered Tajarams house,
molested and injured Bhawari Devi (failing in an attempt to rape her) and ransacked her home.
The police registered a report, but took no measures to protect the family and did not apprehend
the accused. There are numerous similar cases. Most Dalit victims of violence and discrimination
are landless agricultural laborers. Dalits' lack of access to land makes them economically
4

National Commission on Agriculture, 1976, Report on Agrarian Reforms. No. XV, Government of India, New
Delhi. Pp. 5-59.
5
Unnati Team, Dalits and Land: Status and Land Issues, GOI -UNDP, India. Pp. 6-7.

International Research Journal of Management Sociology & Humanity ( IRJMSH )


www.irjmsh.com

Page 312

IRJMSH

Vol 5 Issue 10 [Year 2014]

ISSN 2277 9809 (0nline)

23489359 (Print)

vulnerable and the dependency is often exploited by the landlords. Since the dominant castes
depend on the economic subjugation and exploitation of Dalits, and since Dalit land acquisition
and ownership threatens this arrangement, land disputes often result in violence and abuse
against the Dalit community especially the destruction of their homes and property. Typically, in
such disputes Dalit women are made the targets of violence.6
Dalit Struggle for Basic Land Rights
70 percent of the population of Rajasthan is dependent on agriculture and allied activities.
Rajasthan has had the jagirdari system since medieval period to before independence. Kings
distributed lands to jamindars who further distributed it to farmers for farming. The farmers did
not have any rights on the land they cultivated. The jamindars collected some percentage of the
produce or cash as taxes from the farmers and sometimes it was as high as half the produce.
After independence and subsequent land reforms, Jats emerged as middle level peasants.
Western Rajasthan still maintains and perpetuates its feudal core. Land remains an issue of
contention and the major cause of atrocities. Access to justice is delusional for marginalized
dalits. Journalist P. Sainath informed in a Public Hearing in Chennai on April 18 and 19, 2000
that the rate of conviction in cases of atrocities against Dalits in Rajasthan was only 2.5 percent.
Migration is an imperative outcome of land alienation. In recent years, there has been increasing
trend of migration by dalit and other poor people to neighboring states like Gujarat, Madhya
Pradesh, Haryana and Punjab in search of livelihoods. Most of them are involved in occupations
like agriculture labour, factory and construction work. At destination place there are issues of
child labour, economic exploitation, harassment and inadequate support mechanisms.
Western Rajasthan has experienced some changes in the last few years that have affected the
status of land. Land prices have risen owing to identification of new mineral sources and
existence of coal and oil in Barmer district. Availability of water for irrigation through canal in
Mohangarh and Ramgarh of Jaisalmer and Sanchor of Jalor has also contributed to increase in
land prices.
Unnati (NGO) recognizes the importance of ownership of land for reduction of insecurity and
vulnerability and its impact on livelihood as well as dignity. Facilitating access to land has thus
been an important aspect of work in the area of Dalit mobilizing and organizing for the last 10
years. Unnati has provided legal support to 218 households involved in cases of land
encroachment and aided the release of 1172 bighas of Dalit land till June 2009.
Cases of Encroachment of Dalit Land
41 Bhil households from Bhilon ki Dhani Mangla in Sivana block of Barmer district realized in
the year 2000 that the land which they had been cultivating for generations had been transferred
to a Sahukar. They put up a collective resistance and have continued cultivating for the last 10
years while the case is in court. Natharam Meghwal from Nagalwas village of Bhopalgarh block,
Jodhpur district owned 55 bighas of fertile land. It was surrounded by the land of non-dalits. He
decided to have tube well dug in his land but the surrounding land owners started creating
problems when the digging commenced and machinery arrived. They prevented him from going
into his fields by crossing through their land. He received relief in March 2011 when his right of
6

Ibid. P. 7.

International Research Journal of Management Sociology & Humanity ( IRJMSH )


www.irjmsh.com

Page 313

IRJMSH

Vol 5 Issue 10 [Year 2014]

ISSN 2277 9809 (0nline)

23489359 (Print)

way was established and a sensitive sub-division officer went on site with him to help him
reclaim his land. Vested interests in Nure ki Bhurj village of Phalodi block, Jodhpur district
occupied houses constructed under Indira Awas Yojana for the Dalits when the latter went to
their fields. When asked to leave they replied that they will do so when the Dalits returned. By
and by they started removing stones from the houses until all trace of the houses was removed.
Poor Dalits do not have the capacity to remove the powerful while the administration hides
behind the garb of doing investigation. The victims first made the matter known to the village
and then filed grievance with the police station.7 However, they began receiving death threats
from the accused. Unnati made several representations to various government functionaries as a
result of which the accused were given notice and legal action was taken. 60 bighas of land of
Fakira Ram from Kalyanpur block of Barmer district was encroached upon and he had tried
everything at his level. Legal guidance helped him fight his case for 4 years in court. He received
decision in his favor six times but the process kept extending as the opposite party continuously
made efforts for 'stay'. Finally the case was decided in favor of Fakira Ram and limits were set at
the site. He is cultivating his land since the last two years.
II
The Legal Context: Relevant Acts and Provisions
It is necessary to understand the legal context for land issues. Hence the relevant enabling Acts
and provisions have been presented in brief before the findings.
Rajasthan Tenancy Act 1955
This Act provides protection to tenants against exploitation by jamindars. According to Sec 31, a
tenant, agricultural worker or artisan has the right to possess site for residential house free of
charge in the abadi of the village. According to Sec 42 (b), a member of scheduled caste or
scheduled tribe cannot sell, gift or bequest his land to a non SC or ST person. This provision
came into force on May 1, 1964. Sale between SC and ST is also void [Bhorilal v. Ramnivas,
1993 RRD 94 at p. 94]. This legislation recognizes that members of SC who were also socially
downtrodden were through coercion or intimidation made to sell land to more powerful upper
caste. It is a form of 'distress sale'. Thus to protect the interests of weaker sections, even the
element of collusion was removed. It is difficult to distinguish between forced sale and the sale
of free will.8
Wherever it has been proved that the land was transferred willingly and without coercion, land
was resumed by the state government and re-allotted to the members of SC. [Ramswaroop v.
Gopichand & anr. 1995 RRD 396, at p. 399]. Refund of money paid in lieu of such transaction
cannot be asked for [State v. Tejya, L.R. 1996 RRD 95]. Such land cannot even be transferred or
gifted to an institution. As the act is ab initio void, the transferor is considered equally guilty and
Sec 175 makes it mandatory for ejection of both [Govt. Middle School, Budhadewal v. Nanda &
ors., 1993 RRD 593 at pp, 594-595, 595]. The court may conclude the enquiry in a summary
manner after giving a reasonable opportunity to the parties of being heard and pass an order
within 3 months. Limit is 30 years. A khatedar tenant of SC or ST cannot mortgage his land to
7
8

Ibid. P. 8.
Ibid. P. 11.

International Research Journal of Management Sociology & Humanity ( IRJMSH )


www.irjmsh.com

Page 314

IRJMSH

Vol 5 Issue 10 [Year 2014]

ISSN 2277 9809 (0nline)

23489359 (Print)

non-SC or ST person. According to Sec 46-A, member of SC or ST cannot let or sub-let the
whole or any part of his holding to a non-SC or ST. According to Sec 49A tenant of SC or ST
cannot exchange his land with a non-SC or ST member. The provision holds even if there has
been a change of religion by the SC or ST member.
According to Sec 183B, a trespasser who has taken or retained possession of any land held by a
member of SC or ST, shall be liable of ejection on an application of person/s entitled to evict him
or of a public servant authorized by the state government in this behalf (tehsildar) and the penalty
may extend to 50 times the annual rent for each agricultural year. This also holds true for land
allotted to a SC or ST member. Limit for submitting application is 12 years.
Sec 183 (c) prescribes imprisonment of 1 month to 3 years and payment of fine of Rupees
Twenty Thousand for encroachment of land belonging to SC and ST that is not removed after 15
days notice by tehsil. Onus of proof is on the encroacher.
Sec 251 concerns the right of way of a person to his farm and the tehsildar or gram panchayat
can remove the obstruction created in response to application of the person tilling the land. It
concerns only existing way and does not talk about opening new way. This provision applies
only on agricultural land. If the gram panchayat is unable to take action within 45 days, the
tahsildar is entitled to action within 30 days. Application for consolidation of holding cannot be
made in the case of land allotment without the consent of the allottee even if the person applying
is already tilling the land. He can be removed through legal process. It requires a campaign to be
initiated at the district level for identification of encroachment of SC-ST land and action.
A. Identification of illegal transfer and encroachment
i.

Patwaris will visit sites of land belonging to SC and ST and note its status in a
separate register;

ii.

Such identified cases of encroachment and illegal transfer should be presented


for decision before relevant revenue officials within one month;

iii.

Such cases should also be identified during revenue campaigns and recorded in
relevant revenue courts within a month;

B. Decision by relevant revenue courts


i.

Decision should be reached within 3 months. In case of delay, District collector will
be appraised by the relevant functionary before the expiry of 3 months for guidance;

ii.

Starting from Dec 15, 2000 dates for decision on cases of illegal transfers should be
given within 6 months.

C. Release of land: After decision, action for release of land should be taken within 7 days.
District Collector is responsible for the same. Use of police can be made wherever
necessary.

International Research Journal of Management Sociology & Humanity ( IRJMSH )


www.irjmsh.com

Page 315

IRJMSH

Vol 5 Issue 10 [Year 2014]

ISSN 2277 9809 (0nline)

23489359 (Print)

D. Regular monitoring: Revenue Officer will monitor the released land for at least 3
months and review cases of illegal transfers and encroachments every month.
Rajasthan Land Revenue Act, 1956
According to Sec 91 (6) (a) and (b), occupier of pasture land and land appurtenant to a public
well, Nadi, Johad and Talab is given a notice of 15 days to remove occupation by the tahsildar.
Otherwise, on conviction, he may be punished with simple imprisonment of one month to three
years and fine upto Twenty Thousand Rupees. An employee entrusted specifically by an order of
the Collector to stop or prevent such occupation, neglects or deliberately omits to stop, on
conviction be punished with simple imprisonment upto a month and a fine upto Thousand
Rupees.
According to Sec 136, sub-zonal officer has been given the authority to correct mistakes in
records. Sections 129 and 138 relate to transparency and authorize anybody to look at, make
pencil notes or get copies of any land records.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989
Sec 3 (1) (iv) provides for minimum imprisonment of six months that can be extended to five
years with minimum fine of Rupees25,000 if the land owned by or allotted to a SC and ST
person is encroached upon by a non - SC and ST person. Sec 3 (1)(v) provides for similar
punishment if a non SC/ ST person removes a SC or ST person from his land or house or
deprives him of his right to land, house or water.
III
Status of land owned by Dalits
78 percent of the Dalit households surveyed owned land. In 10 percent of these households, land
was registered in the name of woman. A substantial proportion of the land distributed to Dalits is
not actually in their possession, owing to encroachment by non-Dalits. Land distribution is only
on paper. Actual possession of land, based on the measurement done at the site, is not given
effect. In exceptional instances where Dalits do get to own land, they are dispossessed of it
sooner or later.
The study identified nine major issues related to land owned by Dalits. 830 cases were identified
from 70 villages (an average of 12 cases per village). This is 15 percent of total Dalit households
covered under the study and 19 percent of Dalits who owned land. This number is alarming and
hints at the magnitude of the problem despite strict provisions regarding all these aspects.
Most cases (313) were from Sivana, Barmer, followed by Bhopalgarh, Jodhpur (298) and
Pokhran, Jaisalmer (219). In Pokhran, only three types of issues could be identified
encroachment by non-dalits, claim for right of way and problems with boundaries. Most of the
cases (285) concerned encroachment by non-Dalits. This was around 7 percent of total Dalit
households surveyed in 70 villages. This issue was closely followed by obstruction of way to the
land (215 cases) and problems with boundaries (144 cases). Most number of encroachment were
from Pokhran, most cases of obstruction of way were from Bhopalgarh, problems with
boundaries in Sivana and sold to Trust and being used by non-dalits again in Sivana.
International Research Journal of Management Sociology & Humanity ( IRJMSH )
www.irjmsh.com

Page 316

IRJMSH

Vol 5 Issue 10 [Year 2014]

ISSN 2277 9809 (0nline)

23489359 (Print)

Poverty and Indebtedness among landless Dalits


The land system introduced by the British in India was based on the Western concept of property
and proprietary rights. The distribution of incomes in the agricultural economy which it affected
was unjust, inequitable and oppressive. The result was impoverishment and indebtedness of the
masses. About the spread of indebtedness at the time of the enquiries of the Famine
Commission of 1880 in the different parts of India official reports from all provinces spoke of
the existence of high degree of indebtedness among the peasantry. 9 Mr. Nichols observed that in
the Central Provinces the tenants were, practically
speaking, entirely dependent on their landlords for advances not only for seed grains but also for
food grains. In Bombay, Mr. Peile calculated that 75 per cent of the ryots were in debt, of whom
50 per cent were hopelessly involved. Enquiries in the Madras Presidency revealed that 57 per
cent of the ryots in Krishna district and 80 per cent in Vellore were in debt. In Berar, Major
Szczepanski noted that while those with some capital thrived, the others were entirely dependent
on Sahukars. In Bihar, the Collector of Shahabed reported that 50 per cent of the cultivators were
in debt for grain lent by their landlord and 40 per cent were in debt for either grain or money to
the Mahajan.
The government therefore declared certain remedial measures to counteract the growth of
indebtedness and land alienation:
a) Regulation of the moneylending business,
b) Restraint of the transfer of agricultural property into the hands of the non-agriculturists
thereby putting limitations on the agriculturists credit,
c) Amendment of the contract and debt laws in order to make the relation of creditor and debtor
more equitable.
d) As the land revenue system was ultimately responsible for a large proportion of indebtedness
of the proprietor as well as of the tenant, its reform was a necessary condition for improvement.
This, however, was not attempted. All that was done was to pass a few legislative measures to
protect the debtor against his creditor. The earliest measures to give relief to the rayyats from
indebtedness and exploitation by money-lenders were:
The Deccan Agriculturists Relief Act of 1879
The Punjab Land Alienation Act of 1901
The Bundelkhand Land Alienation Act of 1903
The North-West Frontier Province Land Alienation Act of 1904
The Central Provinces Land Alienation Act of 1916
Land rights for Dalits-An agenda beyond the pale national consciousness
Though the landless Dalits and other agricultural labourers struggled, along with peasants for
wages, abolition of veth begar (forced labour) and land, their struggles were always held
subordinate to peasant struggles. Dalits right to land was not on the agenda of Congress led
9

Fr. Thomas Pallithanam, Rekindling Hope? Access, Retention and Development of LAND: A Dalit Perspective,
AP Social Watch, 2007, Pp. 38-39.

International Research Journal of Management Sociology & Humanity ( IRJMSH )


www.irjmsh.com

Page 317

IRJMSH

Vol 5 Issue 10 [Year 2014]

ISSN 2277 9809 (0nline)

23489359 (Print)

peasant struggles though we find an instance like the Ashram group leaders in Gujarat, the
mobilizing force behind Bardili Satyagraha, working with landless, untouchable dalits for their
social and economic upliftment in the teeth of hostile opposition from upper caste peasants.
On account of peasant centric land struggles and reforms, Dalits and other agricultural labourers
were faced with disillusionment, with their hopes largely belied, because of inchoate policy,
imperfect legislation and inefficient implementation` of land reforms. So, further struggles for
land by dalits and other landless rural poor became a dialectical necessity in the latter half of the
20th century.
What stands out in sharp contrast is the conspicuous absence of land to the dalit motif in the
peasant struggles led or supported by Congress and all India Kisan Sabha during the Indian
national movement. So, while we acknowledge the historic importance and wide impact of the
anti-Zamindari struggles and the fight against intermediary landlords, we should, at the same
time, recognize their serious limitations in the sense that they were not basically struggles for
land to the tiller but for land to the tenant. The tenants were often substantial members from
the Jat, Yadava, Ahir, Kurmi, Marstha, Reddi, Kamma, Kapu castes. Despite being involved in
the struggles the spoils of the battle never reached the dalits. In the famous Nijai Bol the
claim to land movement led by Congress, the Ahir and Kurmi peasants (Sudras) finally drew
benefit while the chamars and Bhangis (dalits), who had taken equal part in the movement, failed
in their claim to land.
The Land issue and the Dalit movement
Jagjivan Ram and Rajendra Prasad began to organize landless Dalits in opposition to the socialist
dominated All India Kisan Sabha. The first regionally organized expressions of the Dalits for
land is to be found in the upsurge of radicalism and mass movements of the late 1930. The Bihar
Khet Majdur Sabha was established in 1937.10 It should be noted that a Bhumiheen Khetihar
Majdur conference was held in February 1938 at the time of Haripura conference. This Majdur
conference, of course, had political motives in being part of a Congress right offensive against
the left. It was also connected with a Gandhian-Congress offensive against the independent dalit
movement that was being led by Ambedkar.
In Bombay Province, Dr. Ambedkars Independent Labour party attempted to mobilize both
untouchable labourers (Dalits) and Sudra peasants and workers. The party undertook a series of
struggles and one of the biggest of these was a huge peasant march from Konkan and several
Deccan districts to the Legislative Assembly on January 10, 1938. It was organized by
Ambedkar in co-operation with Indulal Yagnik and other Sudra and Kisan leaders. Demands of
the march included:
a. Abolition of the Khoti system,
b. Making veth begar a crime and
c. Giving waste lands to Dalits.
Basic thrust of Dalit movements
Most of the Dalit movements during colonial and post colonial periods were confined to the
problem of untouchability. Besides the problem of untouchability they took up the issue of

10

Ibid. Pp. 47-48.

International Research Journal of Management Sociology & Humanity ( IRJMSH )


www.irjmsh.com

Page 318

IRJMSH

Vol 5 Issue 10 [Year 2014]

ISSN 2277 9809 (0nline)

23489359 (Print)

maintaining or increasing the reservations in political offices, government jobs and welfare
programmes. According to Dr. Ghansham Shah, these movements can be classified into
i. Reformative,
ii. Alternative movements.
The Reformative movement was directed against the caste system and the Alternative movement
was an effort to create a new socio cultural structure. Both movements used political means to
attain their objectives. In other words these movements were both caste and class based
movements. Dr. B.R. Ambedkar emerged as the National Dalit leader of the country. But neither
the Independent Labour Party which he formed in 1936 nor the All India Scheduled Castes
Federation which was converted into
Republican Party of India in 1956 prioritized distribution of land to Dalits as their main agenda
in the land reforms suggested by them.
Ms. Gail Omvedt who has done extensive study on Dr. B. R. Ambedakar says On the economic
front, he mostly began to follow a Nehruvian-left line. While he had written two major books in
the early 1920s on fiscal and monetary policy which by and large reflected a neoclassical
perspective of thought with a severe critique of British rule; in the 1930s and 1940s he switched
to a socialistic framework that took for granted the necessity of state-guided industrial
development but did not confront the problem of high-caste domination over the state
machinery.11 This was expressed in his book States and Minorities, written as a submission to
the constitutional convention on behalf of the Scheduled Caste Federation (SCF). Economics,
though, was not by this time his major concern. He was putting most of his intellectual energy
into the question of the historical roots of the caste system and Indias cultural identity. Though
the ILP initially launched struggles for distribution of lands to Dalits, at a later stage Dr.
Ambedkar felt that only State Socialism will ensure access to land for Dalits. This is evident
from his memorandum presented to the Constitution Assembly on behalf of All India Schedule
Castes Federation on the safeguards for the Scheduled Castes for the protection against
Economic Exploitation. He suggests:
Some extracts Article-2, Section- II, Clause 4 under (Land related only).
a) That agriculture shall be State Industry;
b) That State shall acquire the subsisting right hats in such industries, insurance and agricultural
land held by private individuals, whether as owners, tenants or mortgagees and pay them
compensation in the form of debenture equal to the value of his or her right in the land.
c) The State shall determine how and when the debenture holder shall be entitled to claim cash
payment;
d) The debenture shall be transferable and inheritable property but neither the debenture holder
nor the transferee from the original holder nor his heir shall be entitled to claim the return of the
land.
e) The debenture-holder shall be entitled to interest on his debenture.
f) Agricultural industry shall be organized on the following basis:
B) The State shall divide the land acquired into farms of standard size and let out the farms for
cultivation to residents of the village as tenants (made up of group of families) to cultivate on the
following conditions:
11

Ibid. P. 48.

International Research Journal of Management Sociology & Humanity ( IRJMSH )


www.irjmsh.com

Page 319

IRJMSH

Vol 5 Issue 10 [Year 2014]

ISSN 2277 9809 (0nline)

23489359 (Print)

i) The farm shall be cultivated as a collective farm;


ii) The farm shall be cultivated in accordance with rules and directions issued by Government;
iii) The tenants shall share among themselves in the manner prescribed the produce of the farm
left after the payment of charges properly leviable on the farm;
C) The land shall be let out to villagers without distinction of caste or creed and in such manner
that there will be no landlord, no tenant and no landless labourer;
D) It shall be the obligation of the State to finance the cultivation of the collective farms by the
supply of
water, draft animals, implements, manure, seeds, etc.;
E) The scheme shall be brought into operation as early as possible but in no case shall the period
extend beyond the tenth year from the date of the Constitution coming into operation.
Conclusion
Even at the dawn of 19th century land had not belonged to any one particular community. But
from time to time, the right on land was given to certain groups, either to collect tax or for
agriculture produce. After many attempts at reforms by a number of dynasties, rulers and
colonizers to increase productivity of land, reduce inequitable distribution of produce, curtail
absentee landlordism, eliminate capricious taxation, augment state revenue, by the dawn of
Independent India majority holdings of land became the exclusive property of dominant castes.
At the same time there emerged an increasingly growing population of landless agricultural
labourers majority of whom were Dalits. If in the distant past land was a forbidden commodity
for the Dalits by virtue of their being untouchables in the balance of power after various land
struggles and the Independent movement right to possess land continued to remain a mirage for
majority of the Dalits.
Selected Bibliography

Chandra Bipin (1996), India Struggle for Independence, Penguin Books.


Chandra Bipin (2000), India since Independence, Penguin Books.
Chand Tara (1974-2005), History of Freedom Movement Publication division-I&B GOI
Vol-1, 2 and 4. Desai A. R., (1986), Agrarian Struggles in India after Independence. OUP,
New Delhi.
Habib Irfan (2006), The Agrarian Systems of Mughal India OUP, New Delhi.
Moon Vasant (1982), Babasaheb Ambedkar Writings and Speeches. Government of
Maharastra-Vol-1 Omvedt Gail, (1996), Dalit Visions, Orient Longman Limited.
Panikkar K. N., (1980), National and Left Movements, Vikas publishing House
Pallithanam, Fr. Thomas (2007), Rekindling Hope? Access, Retention and Development
of LAND: A Dalit Perspective, AP Social Watch.
Shah Ghanshyam (2002), Land Reforms in India Vol-8 Edited by Sage publications-2002
Smita Narula, Broken People: Caste Violence against India's Untouchables (Human
Rights Watch, 1999
Zelliot Eleanor, (1996), From Untouchable to Dalit, Manohar publishers.

International Research Journal of Management Sociology & Humanity ( IRJMSH )


www.irjmsh.com

Page 320

Vous aimerez peut-être aussi