Loss of common lands a death knell for Indian craftsmen, analysts say

Tue Jun 6, 2017 | 6:56am EDT

By Rina Chandran  

MUMBAI (Thomson Reuters Foundation) - The loss of India's community lands to industrial use is hurting weavers, potters and other craftsmen who rely on them for their livelihoods, activists say, sparking disputes across the country and even a music video.

Community or common lands include forests, grazing lands, water bodies and land owned by village councils. They provide food, water, fuel, fodder and livelihoods to rural communities.

These lands make up more than a third of India's land area but as demand for land has risen to spur economic growth, large tracts have been reclassified by state governments for industrial use, threatening local artisans' livelihoods.

"Traditionally, potters, weavers, ironsmiths, all had access to common lands for their work," said Tarique Shafique, a social worker in Azamgarh in Uttar Pradesh state, known for its silk sarees made by Muslim weavers.

"Now there is less of that land, and that is hurting their work. These are people who have done this work for generations."

Many of them belong to lower-caste and minority communities who do not own land so the loss of common lands has a more debilitating effect than the acquisition of private land where compensation is paid, he told the Thomson Reuters Foundation.

Between 1980 and 2011, about 830,000 hectares (3,205 sq miles) of India's forest land were reclassified or diverted for industrial use, according to advocacy group Rights and Resources Institute.

Nearly a quarter of this land was given to mining, while a fifth went to power projects as India builds infrastructure to spur growth and generate jobs for its 1.2 billion population.

WEAVERS AND POTTERS

"Land use is determined by the states on a case by case basis, and the law is followed in every case," said Hukum Singh Meena, a joint secretary in the department of land resources.

In villages, dhobis, or washermen, washed clothes and hung them out to dry in 'dhobighaats' earmarked for this purpose.

Potters, weavers, ironsmiths and coppersmiths used common property resources to source water, mud and reeds, and to dry their wares.

"Earlier, there used to be "tana-bana zameen", a piece of land where weavers placed their looms," said Niti Saxena, a land rights researcher in Lucknow city in Uttar Pradesh.

"That has slowly disappeared from villages, leaving them with no place to weave," she said.

In Goa, where about 70 percent of land is collectively owned and administered by a centuries-old community code, common lands are caught up in several disputes with the state.

In the southern city of Chennai, popular classical singer T.M. Krishna recently made a music video appealing for the protection of common lands, sometimes also called wastelands.

The 2006 Forest Rights Act and an older law to protect lands of indigenous people recognize the rights of forest dwellers and indigenous communities.

But states can deny these rights or change the classification of land, particularly in resource-rich areas it deems critical for development.

"Once the land is gone, it's gone," said Shafique.

"Then these workers have no choice but to give up their trade and move to the cities to work in construction."

https://www.reuters.com/article/us-india-landrights-employment-idUSKBN18X18K

Can government give village ‘Common Land’ to industrialists?

Posted on: June 1, 2017

Yes, Jharkhand Govt is doing it through ‘Land Bank’ in violation of constitutional provisions and SC judgments

A Plea: so many protests by Jharkhandi forces / organizations / movements against CNT/SPT Acts Amendments and Domicile Policy are taking place. Rightly so. But hardly any efforts are made to uncover the back-door stealing of individual ryots’ land (gair majurva khaas zamin), village-community land (gair majurva aam zamin) and village-forest land (jangal-jadi zamin). About 10 lakh acres of such illegally ear-marked / acquired land is being offered on a platter to industrialists / business houses. Take note, this is all quietly done but the axe is laid on the land of the indigenous Adivasi / Moolvasi people. To add injury to insult, no compensation will be given to individual ryots or village communities because the govt considers all gair majurva land as govt land!

Now, this whole process is illegal and unconstitutional. Why ?

1) India’s Supreme Court in a significant judgment observed:

“Since time immemorial there have been common lands inhering in the village communities in India, variously called gram sabha land, gram panchayat land… in the villages were for centuries used for the common benefit of the villagers of the village such as ponds for various purposes e.g. for their cattle to drink and bathe, for storing their harvested grain, as grazing ground for the cattle, threshing floor, maidan for playing by children, carnivals, circuses, ramlila, cart stands, water bodies, passages, cremation ground or graveyards, etc. These lands stood vested through local laws in the State, which handed over their management to Gram Sabhas/Gram Panchayats. They were generally treated as inalienable in order that their status as community land be preserved. There were no doubt some exceptions to this rule which permitted the Gram Sabha/Gram Panchayat to lease out some of this land to landless labourers and members of the scheduled castes/tribes, but this was only to be done in exceptional cases.”

Referring to a case where the Punjab State govt had regularized the construction of building on what was once a village community pond, the SC said: “The appellants herein were trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and even with the Gram Panchayat. We are of the opinion that such kind of blatant illegalities must not be condoned. Even if the appellants have built houses on the land in question they must be ordered to remove their constructions, and possession of the land in question must be handed back to the Gram Panchayat. Regularizing such illegalities must not be permitted because it is Gram Sabha land which must be kept for the common use of villagers of the village… In our opinion such illegalities cannot be regularized. We cannot allow the common interest of the villagers to suffer merely because the unauthorized occupation has subsisted for many years”. (CIVIL APPEAL NO.1132 /2011 @ SLP(C) No.3109/2011, section 3 & 13)

But by no stretch of imagination can this Common Land can be given to outsider industrialists and business houses for profit-making enterprises. And this is what the Jharkhand govt intends to do. Taking just one sample, Torpa Block in Khunti District, a total of 10,898 acres of Common Land (gair majurwa aam zamin) has been ear-marked for Land Bank of which 1116 acres has already been transferred to govt and a balance of 9781 acres remain at the disposal of the govt all of which it may give to any body who will invest for specific industrial/business enterprises.

Have we ever heard of govt selling rivers to industrialists? Yes, Jharkhand govt is doing that right now.

Here below is a sample of one village (Lohajimi in Torpa block of Khunti district) where the govt has ear-marked and partially acquired river land !

Sl. no.	Anchal Mouza	Thana khata no	Plot no	Holding (acres)	Nature of land	Already acquired	Not yet
1562	Torps Lohajim	112	91	1553	42.15 nadi	No	Yes
1563	,,	1088	1557	25.00	,,	,,	,,
1564	,,	1254	1556	52.00	,,	,,	,,
1549	,,	112	91	1	39.50 nadi	Yes

Thus a total of 157.65 acres of which 38.50 acres of river bed has already been acquired and the balance 119.15 is acquirable.

The fact that the govt is doing this in Lohajimi village is significant because it is in this village the ‘Koel-Karo dam’ was to be constructed leading to the submergence of 132 villages, 30,000 acres of agricultural land and 20,000 acres of forest land. But the Adivasi and Moolvasi people of all these villages with support from several people’s organizations waged a sustained struggle for over 30 years and finally forced the govt to call off its misadventure. In the process people paid a heavy price when during a peaceful protest the police opened fire leading to the martyrdom of eight persons and injury to scores of men and women.

Govt avenging itself to make up for its failure: And it is doing it through the back door calling it ‘land bank’. This is absolutely to be condemned. To be sure, the Adivasi people of Torpa block will not allow it.

There are also other ‘Commons’ which have been ear-marked to be acquired. Here are some examples:

Sl. no.	Anchal Mouza	Thana khata no	Plot no	Holding (acres)	Nature of land	Already acquired	Not yet
39	Torpa Udikel	85	296	545	Rasta	2.24
40	Torpa Udikel	85	296	1804	Rasta	1.13
41	Torpa Udikel	85	296	2248	Rasta	2.03
84	Torpa Raikera	92	32	333	Sarna	1.21
88	Torpa Karra	94	213	1628	Kabristan	2.16
89	Torpa Karra	94	213	1594	Kabristan	1.28
247	Torpa Sundari	28	231	3910	Masna	2.10
248	Torpa Sundari	28	231	4319	Masna	3.51
249	Torpa Sundari	28	231	5162	Masna	1.10

2) The Vth Schedule of the Indian Constitution [Indian Constitution, Article 244(1)]clearly stipulates that a ‘Tribes Advisory Council’ (TAC) composed solely of members from the Adivasi community who will advice the Governor of the State about any and everything concerning the protection, well-being and development of the Adivasi people in the Scheduled Area.[Part B4(1)(2)] The Governor is the constitutional custodian of the Adivasi people and he/she can make laws on his/her own and can annul any other law enacted by the parliament or state assembly always keeping in mind the welfare of the Adivasi people. [Part B5(1)(2). This provision is applicable in the nine States of central India where Adivasis are a significant population.

Whereas the reality is that in none of the States during all these nearly seven decades has any State Governor ever used his/her constitutional discretionary power to reach out to the Adivasi people proffering the excuse that they have to work in harmony with the elected government of the State. The meeting of the TAC takes place rarely, and it is convened by and presided over by the Chief Minister of the State even if he is a non-adivasi and is controlled by the ruling party. TAC has thus been reduced to a toothless body. Verily a constitutional fraud meted out to the Adivasi people. It must be noted this ‘Land Bank’ policy was not placed before the TAC for its advice and approval. Hence it is unconstitutional.

3) The Panchayats (Extension to Scheduled Areas) Act [PESA],1996 [Acts of Patliament No:40 of 1996] which was a fruit of long drawn disenchantment and struggle of the Adivasi people and their political representatives and which for the first time recognized the fact the Adivasi communities in India have had a rich social and cultural tradition of self-governance and outlined the composition and functioning of the Gram Sabha: (1) “State legislation … shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources” [PESA 4(a)]. (2) every Gram Sabha shall approve the plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation…” [(e)(i)]. (3) “The Gram Sabha or the Panchayats at the appropriate level shall be consulted before the acquisition of land in the Scheduled Areas for development projects and before resettling or rehabilitating persons affected by such projects in the Scheduled Areas…” [(e) (ii) (i)]. (4) “State Legislature shall ensure that the Gram Sabha are endowed especially with the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe” [(m)(iii).

This ‘Land Bank’ policy was not placed before the to-be-affected Gram Sabhas nor was their advice, consent sought. Rather it was an ‘executive order’ coming from the CMO. It is therefore invalid.

It is high time to act. . . pleading with all Jharkhandi forces / organizations / movements / legal professionals / activists to formulate a legal case vs govt action and file it in a lower court or high court. We and our Jharkhandi people should not fail by default. I have tried to highlight some salient legal base; may be more could be added. But for our people’s sake, let us act and act fast.

http://www.newswing.com/node/15098

Look for alternate site for Barmer power substation: NGT to Rajasthan government

JAIPUR: National Green Tribunal, Bhopal, in major relief to the villagers of Korna, has ordered the state government to look for an alternate site for the proposed 765/400 KV substation that was planned in pasture land of the village in Pachpadra tehsil, Barmer district.

The order issued on Tuesday by Justice Dalip Singh and expert member Satyawan Singh Garbyal said, "From photographs and other material on record we have observed that there are five water bodies close to the proposed site... which are frequented by migratory birds and other wildlife. It has also been submitted that these water bodies are the only source of water in the area and are also used by village cattle and other animals."

The judgment of May 16 noted that the inspection report was "not satisfactory", and so the counsel for the state was asked to submit "toposheet of the Survey of India for the entire region, wherein the proposed site as well as an alternate site which was found at a distance of 38 km from the proposed site would be indicated."

The tribunal noted that since wildlife would be affected by any construction in the area, and no input had earlier been received from the forest department, a report was sought from the Barmer district forest officer.

The deputy conservator of forests, in a report submitted on Tuesday, told the tribunal that gauchar land spread over 3,000 bighas with five water bodies would be affected. He noted that rain water drains into the water bodies that are maintained by the villagers of Korna. Wildlife and domestic cattle are dependent on the water.

"The DFO in his report has concluded that any reduction in the habitat area by way of construction may cause damage to wildlife there and thus disturb ecological balance," the order states.

http://timesofindia.indiatimes.com/city/jaipur/look-for-alternate-site-for-barmer-power-substation-ngt-to-rajasthan-government/articleshow/58737665.cms

Industry waiting for revised Land Norms in Gujarat: FIA

Industry waiting for revised Land Norms in Gujarat: FIA

New Delhi, May 5 (KNN): The State Government had recently set up a high-powered committee to facilitate the industrial projects that were proposed at the Vibrant Gujarat Summit 2017. The Committee gave its nod to 12 major proposals. 

These include proposed changes in revenue rules, something the industry as well as land dealers are keenly waiting for.

The Committee further acknowledged that there are several genuine grievances that need to be addressed.

Talking to KNN, Mangalbhai J. Patel, Vice President of the Federation of Industries and Association in Gujarat explained the key problems that hinders the growth of MSMEs in the region. He said that to acquire a land registered with the government is very difficult, whereas there are estates that operate privately where entrepreneurs can park their unit.

Patel further informed that one of the reasons behind this is the fact that the majority of the land available in the region comes under agricultural purposes or grazing land, on which there is a Supreme Court notification that prohibits the Industries from acquiring such land.

“The large chunks of land fall under ‘Gaucharya’ i.e. grazing land and for farmers use, we can’t acquire those lands, though the Supreme Court’s order is implemented throughout the country, we in Gujarat suffer more as majority of the land falls under that category” he added.

Commenting upon the Committee’s recommendations, Patel said that though the panel lists many important issues that surround the Industry in our region, it certainly doesn’t address the land norms issue in a proper manner.

He suggested that a separate panel to be formed to look into revising land related norms, not just at the state level but at the national level. At a time when the Government of India is working along the lines of ease of doing business and Make in India, considering the concerns of the industry would help accelerate the growth. (KNN/ DA)

http://knnindia.co.in/news/newsdetails/state/industry-waiting-for-revised-land-norms-in-gujarat-fia