INDIA: Adivasi community unable to grow food, asserts their right to land in Maharashtra
The last of the huts were destroyed in January 2005 by the Maharashtra. State Farming Corporation (MSFC) employees. Since the crops and huts of the adivasis were destroyed in the previous cropping season, the adivasis had to look for their livelihoods elsewhere. The MSFC employees took advantage of this and destroyed the majority of huts while the adivasis were working outside the area. The community was unable to put up the huts again because they were busy working as cultivators in other fields. This was not the case earlier, before the corporation destroyed over 1,000 acres of their farming land. Previously the adivasis could easily provide foodstuff for their entire community with their own food stuff. During this season however, only 16 people could cultivate their land. Further, the crop supply was under frequent threats by officials, and once by police. However, the adivasis managed to protect their crop.
HUNGER ALERT HUNGER ALERT HUNGER ALERT HUNGER ALERT HUNGER ALERT
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
14 April 2005
Update on Urgent Appeals: UA-35-2003: Two hundred Adivasis made homeless over land rights; UP-32-2003: Enquiry into the shooting of Adivasis in 2001; UP-34-2003: Landless people stand firm against continuing government attacks; UP-40-2003: Hunger strike of Adivasis calling for right to land and UP-13-2004: Please send a letter to the Chief Minister of Maharashtra calling for right to land for Adivasi people
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HA-08-2005: INDIA: Adivasi community unable to grow food, asserts their right to land in Maharashtra
INDIA: Right to land, discrimination against indigenous groups, John P. Abraham
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Dear friends,
The
Asian Human Rights Commission (AHRC) has received updated information
concerning a previous case of adivasis (indigenous people) made
homeless by the Maharashtra State Farming Corporation (MSFC). On July
21, 2003 two hundred huts and more than one thousand acres of crops
belonging to adivasis were destroyed by MSFC employees and police. The
adivasis had been living on the land for several decades and were in
the process of fighting for their legal rights to this land. Instead,
the men, women and children of the area were rendered homeless.
In
1961, the Maharashtra Agricultural Land (Ceiling on Holdings) Act was
passed whereby the MSFC had the right to cultivate this land. However,
years later the land had been left unoccupied, and the adivasis moved
in, staking a legal claim to the area. The adivasi community has been
engaged in fighting for their right to this land for the past two
years. This had included withstanding attacks on their community and
false accusations and imprisonment by police as well as engaging in
protests and hunger strikes. The community has now decided to make
immediate repairs on their former homes in order to rebuild their
community again. There is fear that the government will try to halt the
work or worse yet, register false accusations against the community in
order to hold them in jail, thereby also halting the restoration.
The
AHRC urges you to write to the Chief Minister and other related
officials asking them to not interfere with the renovations the
community has begun so that the adivasis can have homes and land to
cultivate crops. Further, please also stress that the registration of
false accusations against the adivasis in order to delay the work is
unacceptable.
Urgent Appeals Desk=Hunger Alert
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
The
following detailed account, written by John P. Abraham, explains the
food crisis that has resulted from the demolition two years ago and the
strategy the adivasi group will now take in order to assert ownership
of the land.
Food Crisis: The last of the huts were destroyed
in January 2005 by the Maharashtra. State Farming Corporation (MSFC)
employees. Since the crops and huts of the adivasis were destroyed in
the previous cropping season, the adivasis had to look for their
livelihoods elsewhere. The MSFC employees took advantage of this and
destroyed the majority of huts while the adivasis were working outside
the area. The community was unable to put up the huts again because
they were busy working as cultivators in other fields. This was not the
case earlier, before the corporation destroyed over 1,000 acres of
their farming land. Previously the adivasis could easily provide
foodstuff for their entire community with their own food stuff. During
this season however, only 16 people could cultivate their land.
Further, the crop supply was under frequent threats by officials, and
once by police. However, the adivasis managed to protect their crop.
Strategy:
Despite the work in the fields for their livelihoods, the adivasis
found time to get their records in order. Around 250 applications were
filed before the Tahasildar (Sub-district head) at Rahata Taluka
(sub-district) in the Ahmednagar District asking him to do a spot
verification of the adivasis¡¦ occupations as well as the remnants of
the huts and remaining crops that could be cultivated. The Tahasildar
referred the matter to the Thalati (village revenue officer) and
ordered him to take the necessary steps.
The Thalatis in both
the Puntamba and Shingva villages were using various tactics to delay
taking action. The officials always responded to the adivasi¡¦s
request to investigate the matter by delaying until the next week. The
officials were often heard saying, ¡§We will do it next week or will
give you the dates at a later time¡¨. The Thalati at Shingva now says
that he can do it only in the month of August, or in other words, after
the next sowing season is over. The adivasis in Shingva are deeply
agitated by this and have decided to take matters into their own hands.
Some of their crops are still standing. They are in the process of
repairing their huts and within a few days they should be sitting in
front of the office to demand for the panchnama (inquest to claim title
to the land).
Meanwhile, the Thalati at Puntamba called the
adivasis on Tuesday April 12, 2005 to give the date of the inquest. If
a date is confirmed, then the agitation of Shingva will be more
intense. Therefore, the adivasis are waiting to see what is likely to
happen at Puntamba.
Huts: In the week starting April 11, 2005
the adivasis will begin repairing their huts. Since many were staying
on the outskirts of the earlier occupied lands after the demolition,
practically nothing remains in the fields. By Monday, about 8 huts will
be completed in Puntamba. Within the following week, 100 more should
also be finished. The adivasis are eager to see the responses of the
MSFC officials after this first experiment. Around 200 huts should be
standing within a fortnight. Many adivasis have migrated to far away
brick kilns outside the area. They will only return to the land by the
end of May and repairs on their huts will take place then. If the
Panchama (inquest) takes place before then, these migrants will leave
their work in the brick kilns to return home.
BACKGROUND INFORMATION:
Please see the following links for further details regarding this case:
1. UA-35-2003: Two hundred Adivasis made homeless over land rights
2. UP-32-2003: Enquiry into the shooting of Adivasis in 2001
3. UP-34-2003: Landless people stand firm against continuing government attacks
4. UP-40-2003: Hunger strike of Adivasis calling for right to land
5. UP-13-2004: Please send a letter to the Chief Minister of Maharashtra calling for right to land for Adivasi people
SUGGESTED ACTION:
The
AHRC urges you to write to the Chief Minister and other related
officials asking them to not interfere with the renovations the
community has begun so that the adivasis can have homes and land to
cultivate crops. Further, please also stress that the registration of
false accusations against the adivasis in order to delay the work is
unacceptable.
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Dear _____________
Re: Maharashtra government must stop destroying homes and give adivasis their right to land
It
has come to my attention that adivasis previously living on land
destroyed by the Maharashtra State Farming Corporation (MSFC) on July
21, 2003 have decided to take control of their situation. In 2003, two
hundred huts and more than one thousand acres of crops belonging to
adivasis were destroyed by MSFC employees and police. The adivasis had
been living on the land for several decades and were in the process of
fighting for their legal rights to this land. They have continued to
press for legal claims to the land and have decided to start repairing
their homes during the week of April 11, 2005.
The struggle to
renovate and fight for the right to land has lasted for several years.
In previous attempts at repairing their huts, the adivasis¡¦ efforts
were destroyed once again by the MSFC. Further, title to the land has
yet to be given to the community despite consistent pleas and requests
for something to be done. I am also deeply disturbed to learn that two
years after the initial demolition, officials on the state
(Maharashtra), district (Ahmednagar) and taluka (Rahata) level have yet
to provide compensation, rehabilitation or repairs on huts.
I
do hope that this time around, the adivasis will be successful in their
renovations. I urge you to ensure that local authorities do not
interfere with these new repairs and that no registration of false
charges be made against members of the adivasi community in order to
delay their work. Secondly, I request that the inquest be expedited in
order for the adivasis to claim title to the land. Finally, I ask that
the adivasi community be given proper entitlement to government schemes
for scheduled tribes so that the adivasis can provide for their own
livelihoods.
Sincerely,
---
PLEASE SEND YOUR LETTERS TO:
1. Mr. Vilasrao Deshmukh
Chief Minister of Maharashtra
Office of the Chief Minister
Mantralaya
Mumbai 400 032
Maharashtra
INDIA
Tel: +91 22 2202 5151 or 5222
Fax: + 91 22 2202 9214
E-mail: mailto:chiefminister@maharashtra.gov.in
2. Justice Arivind Sawant
Chairperson
Maharashtra State Human Rights Commission
Mumbai
INDIA
FAX No. 91 22-2885858
3. Justice A. S. Anand
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi 110001
India
Tel: +91-11 23382742
Fax: +91-11 23384863
Email: mailto:covdnhrc@nic.in, mailto:ionhrc@nic.in
4. Mr. Kunwar Singh
Chairman
National Commission for Scheduled Tribes
Lok Nayak Bhawan, 5th Floor
New Delhi 110 003
INDIA
Tel: +91 11 2462 4628
Fax: 2462 4628
Email: mailto:ksingh_chairman.ncst@indiatimes.com
5. Mr. Jean Ziegler
UN Special Rapporteur on the Right to Food
c/o Mr. Carlos Villan Duran
Room 4-066
Office of the United Nations High Commissioner for Human Rights,
Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010
Email: sect.hchr@unog.ch
6. Mr. Miloon Kothari
UN Special Rapporteur on adequate housing
Att: Ms. Cecilia Moller
Room 4-066/010
UNOG-OHCHR, CH-1211, Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010
Thank you.
Urgent Appeals Programme-Hunger Alert
Asian Human Rights Commission (AHRC)
