Skip to main content

Gujarat's land-use policy favours industry, undermines rights of the poor, says document

A landless woman in the Little Rann
By Our Representative
A recent document, sponsored by the Union ministry of rural development’s department of land resources, on land rights of socially and economically marginalized communities of Gujarat, based on consultation with several voluntary organizations, has said that Gujarat is well-established as economically developed state, but regrets unabashed use of land “as one of the major resources” towards achieving this aim. Employing central laws for large-scale land acquisition, the document, prepared by senior activist Pankti Jog for Janpath, regrets, “Wherever the land was not available in one geographic area in large chunk, the government has acquired land through enacting executive orders during  2000s and a policy by the Gujarat Industrial Development Corporation (GIDC) in 2010.”
The document says, “One of the major threats is large scale-land acquisition for industries to augment industrialization. The series of Vibrant Gujarat summits have started procedures like ‘single window’ and ‘fast track’ for land allotment to the industries.” However, this has led to a “dangerous move”, where the agriculture land is being used by the industry by getting the non-agriculture certificate with retrospective effect.
The industry has merely to prove that the land is used for “bona fide industrial purpose”. This is happening against the backdrop of several research studies and legal cases which show “land acquired for industries is much more than the actual requirement of the industries but never been returned to the original owners”, the document points out, adding, “In such situation, the sufferers belong to the socially and economically marginalized communities and majority of land allotted belonged to the wasteland, pasture land and some portion of forest land.”
The document quotes Gujarat government records to say that it has 32.37 lakh hectares (ha) of barren/wasteland, which has been distributed 10.81 per cent of the landless till 2011. Moreover, it has also distributed 1.46 lakh Acres of ceiling surplus land to about 33,312 persons. Also, 50,984 acres of ‘Bhoodan land’ has been distributed to 10,270 families. However, the NGO consultation suggested that “provision of allotment of land to land-less communities gets less priority in the series of tasks lying with district revenue administration. It is not looked as major ‘factor’ contributing to empowerment of marginalized by creating their access to ‘resources’”, the document says, adding, “Land allotted/distributed with titles, has to be physically identified, mapped and possession to be given to the beneficiary. This process is called ‘Khunta Mapni’, which is not observed. Thus, significant numbers of beneficiaries have not got possession of the land. Allotted land is encroached and beneficiaries have no capability to clear it and take the possession. Quality of the allotted land is very poor (non-cultivable, saline) and required lot of inputs to make it cultivable.”
The document says, a total of “1,03,530 acres of land was gifted by people under the Bhoodan Movement in Gujarat. Out of this over 50 per cent, or 52,586 acres, was left with Bhoodan Samiti and the government.” Physical verification of the left-over land has not been carried out. Available land should be distributed to landless communities”, it recommends, adding, “Gujarat government policy of identification and regularization of encroachment of government land for habitation/homestead or as primary livelihood source of most marginalized communities need to be implemented in true sense and spirit.”
The document underlines that there no decentralized and time-bound grievances redressal mechanism available for the protection of land of the Dalits, tribals, and marginalized communities. “There is no target based monitoring of implementation/violation of existing policies. Non-availability of data/disclosures village, block, district and state is another reason for large scale illegal, or false transfers of land”, the document says, adding, “As per RTI queries that are posted on the RTI helpline till Dec 2012, nearly 13.6 per cent of total of 1.12 lakh queries were related to land, where common citizen are filing RTI to acquire documents of their piece of land”, it says, adding, “Incidences of violations of procedures to cross check title, type of the land are increasing. Land dealers are becoming powerful and are playing key role in such cases.”
The document regrets, “In some of the cases land holders are not aware of such transfer of ownership rights, and once transfer procedure is completed, it becomes difficult for them to fight this out in the court. In some remarkable cases like self-immolation of RTI user Jabardan Gadhvi – Kutch, or case of Manjulaben Thakor or illegal transfer of land, the nexus between notary, land agent, and revenue officers at village, block and district level is seen clearly”.
The document says that a total of 85,176 acres of ceiling surplus land has been distributed to Dalit communities in Gujarat. “However, due to various social and political reasons, communities could not get possession of the same. Communities individually were struggling to get the possession. Last year, 200 families got possession of 6574 acres of land in Banaskantha and 2398 families got possession of 12438 acres of land in Surendrangar district. District administration of both the districts put pro-active efforts in giving possession of this land. This initiative and was facilitated and supported by civil society organizations”, the document says, recommending, “This initiative in Banaskantha district need to be documented and replicated for other districts by the government.”
It also recommends that land allotted by government to Dalit communities under various land reforms should not be acquired for any other purpose. “For example, during survey and settlement process of Wild Ass Sanctuary in Little Rann of Kutch, total of 1986 families received land received under land reforms policy and put their claims for recognizing their rights. Out of these 902 claims were rejected. Thus, the land allotted to these families will be re-acquired for the sanctuary”, the document says.
Coming to the Nomadic and De-notified Tribes (NT-DNT), the document says, these constitute over 8 per cent of total population of Gujarat, that is about 70 lakh. “Out of 40 NT-DNT communities around 25 communities are still to be considered as most marginalized ones. Their traditional occupations like providing original breed of cattle, snake charming, rope dancing , sharpening of knives, swords, taking our hair from cattle, providing mud for building mud-house, making bamboo baskets, play musical instruments, rope making, making idols out of mud etc. are becoming irrelevant with change in rural economy. Lack of pro-active approach in providing alternative livelihood, thus are caught in vicious circle of poverty and migration. Not more than 30 per cent of the communities have received benefits of development & welfare programmes of the state. There is a situation of acute food insecurity among NT-DNTs. Womenfolk of NT-DNTs, are forced to work as sex workers”, the document points out.
These NT-DNT communities, it emphasizes, “depend on common property resources like wasteland, pastures, fallow land, etc. in various ways. Their migration route passes through common property resource, they collect honey, make charcoal, they collect herbs/shrubs and sell them, they grow vegetable, seasonal fruits, collect bamboo to make baskets etc and mainly for habitation. The Gujarat government has passed resolution of allotting land to NT-DNTs for housing scheme. Also, there is a policy for regularization of encroachment for settlement by most backward communities. But neither the community is aware of it, nor there are pro-active efforts to reach to them by panchyats. Thus, when government decides to deviate ‘wasteland’ for industrial or bio-fuel purpose, there is no process or procedure by which such settlements can be regularized.”
In fact, the document says, the striking facts about pasture land are: “(a) out of 18,000 villages, not a single pasture land is without encroachment; (b) Of these villages, 400 villages have no pasture land left; (c) the Government Resolutions of 2004 allows allotment of pasture land for industrial purpose by charging 30 per cent extra cost (premium); and (d) there is no data available in public domain that provides information about extent of pasture land.” As reported in the media, 1.16 lakh sq metres of land have already been “given away for other purposes”. In the light of these facts, one finds that (1) there is no official data available regarding existing pasture land and its status; how much of pasture land have been turned into wasteland and have been allotted to the industries in last decade. (2) There is a violation observed of Government resolution that ensures survival of domesticated animals on grazing land, which snatches away traditional livelihood of about 7% of population (about 40 lakhs) that is engaged in pastoral activities”.
The situation is such that “no official data is available on use of common land wasteland, grazing land) by pastrolist communities in Gujarat. In the absence of mapping of and use, especially for pastoral activities, the use of land for various purposes like migration, temporary settlements, use of common property resources for fuel and other purposes are overlooked. And the overlooking of such basic necessary pastoral activities are then portrayed as ‘violation’ and ‘illegal activity’ by the state machinery and they are penalized for these activities“.

Comments

TRENDING

Junk food push causing severe public health crisis of obesity, diabetes in India: Report

By Rajiv Shah  A new report , “The Junk Push: Rising Consumption of Ultra-processed foods in India- Policy, Politics and Reality”, public health experts, consumers groups, lawyers, youth and patient groups, has called upon the Government of India to check the soaring consumption of High Fat Sugar or Salt (HFSS) foods or ultra-processed foods (UPF), popularly called junk food.

Avoidable Narmada floods: Modi birthday fete caused long wait for release of dam waters

Counterview Desk  Top advocacy group, South Asia Network on Dams, Rivers and People (SANDRP), has accused the Sardar Sarovar dam operators for once again acting in an "unaccountable" manner, bringing "avoidable floods in downstream Gujarat."  In a detailed analysis, SANDRP has said that the water level at the Golden Bridge in Bharuch approached the highest flood level on September 17, 2023, but these "could have been significantly lower and much less disastrous" both for the upstream and downstream areas of the dam, if the authorities had taken action earlier based on available actionable information.

From 'Naatu-Naatu' to 'Nipah-Nipah': Dancing to the tune of western pipers?

By Dr Amitav Banerjee, MD*  Some critics have commented that the ecstatic response of most Indians to the Oscar for the racy Indian song, “Naatu-Naatu” from the film, “RRR” reeks of sheer racism, insulting visuals and a colonial hangover. It was perhaps these ingredients that impressed the Academy of Motion Picture Arts and Sciences, one critic says.

Astonishing? Violating its own policy, Barclays 'refinanced' Adani Group's $8 billion bonds

By Rajiv Shah  A new report released by two global NGOs, BankTrack and the Toxic Bonds Network, has claimed to have come up with “a disquieting truth”: that Barclays, a financial heavyweight with a “controversial” track record, is deeply entrenched in a “disturbing” alliance with “the Indian conglomerate and coal miner Adani Group.”

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Asset managers hold '2.8 times more equity' in fossil fuel cos than in green investments

By Deepanwita Gita Niyogi*  The world’s largest asset managers are far off track to meet the  2050 net zero commitments , a new study  released by InfluenceMap , a London-based think tank working on climate change and sustainability, says. Released on August 1, the Asset Managers and Climate Change 2023 report by FinanceMap, a work stream of InfluenceMap, finds that the world’s largest asset managers have not improved on their climate performance in the past two years.

Insider plot to kill Deendayal Upadhyay? What RSS pracharak Balraj Madhok said

By Shamsul Islam*  Balraj Madhok's died on May 2, 2016 ending an era of old guards of Hindutva politics. A senior RSS pracharak till his death was paid handsome tributes by the RSS leaders including PM Modi, himself a senior pracharak, for being a "stalwart leader of Jan Sangh. Balraj Madhok ji's ideological commitment was strong and clarity of thought immense. He was selflessly devoted to the nation and society. I had the good fortune of interacting with Balraj Madhok ji on many occasions". The RSS also issued a formal condolence message signed by the Supremo Mohan Bhagwat on behalf of all swayamsevaks, referring to his contribution of commitment to nation and society. He was a leading RSS pracharak on whom his organization relied for initiating prominent Hindutva projects. But today nobody in the RSS-BJP top hierarchy remembers/talks about Madhok as he was an insider chronicler of the immense degeneration which was spreading as an epidemic in the high echelons of th

Victim of 'hazardous' jobs, Delhi sanitary workers get two thirds of minimum wages

By Sanjeev Kumar*  Recently, the Dalit Adivasi Shakti Adhikar Manch (DASAM) organized a Training of Trainers (ToT) Workshop for sewer workers and waste pickers from all across Delhi NCR. The workshop focused on bringing sanitation workers from different parts of Delhi to train them for organization building and to discuss their issues of minimum wage, contractual labour, regular jobs and social security.