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A woman of Sahariya community was set ablaze by people who had encroached on her family land in Madhya Pradesh

Reported by

Satish Bharatiya

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Published on

May 24, 2023

May 31, 2023

Edited on

May 24, 2023

State

Madhya Pradesh

Sector

Land Use

People Affected by Conflict

Households Affected by Conflict

Land Area Affected (in Hectares)

ha

Starting Year

Location of Conflict

Dhanoria

Bamhauri

Guna

Reason or Cause of Conflict

Caste-based Conflict

Land Conflict Summary

In July 2022, a woman belonging to a tribal community, was set ablaze by persons who had captured her land in Dhanoria village of Guna district in Madhya Pradesh. She suffered 80% burns and later died in a hospital in Madhya Pradesh. 

The land in question belongs to the woman, Rampyari Bai, and her husband, Arjun Sahariya. Both belong to the Sahariya community, which is identified as a particularly vulnerable tribal group (PVTG). They were granted that land in 2000 by the Madhya Pradesh state government as part of a welfare scheme. The Tehsildar had redistributed 700 hectares of land to the landless members of Dalits and Tribal communities in Dhanoria and nearby villages.  

A majority of such redistributed lands however was occupied by members of other land owning communities who are socially and economically more advantaged than the landless communities. In the case of Rampyari Bai, her land was occupied by members of the Other Backward Class. 

After various attempts to take back control of their land, Rampyari Bai and Arjun Sahraiya’s complaint reached the court of the revenue court. The court ruled in their favour in May 2022. Following which, Arjun Sahariya went to take possession of the land. But the individuals who had occupied their land refused to vacate the land. In June 2022, Arjun had sought security from the police as he felt his life was in danger from the people who had captured his land. But the police turned down his request.

When his wife, Rampyari Bai went to the land, she found those individuals were beginning to sow seeds on her land. When she objected, they set her on fire. 

A video of the women being under fire and surrounded by thick smoke, which was allegedly shot by the accused, was circulated on various social media portals. 

The Madhya Pradesh Police have arrested three persons – Pratap Dhakad, Hammat Dhakad, and Shyam Dhakad – all members of the other backward class. Two women were also arrested – Avanti Bai and Sudama Bai. The accused were charged under sections 304 and 34 of the Indian Penal Code (attempt to murder). They were also charged under various sections of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act) 1989.   

Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Demand to get back access to private land, demand for security and access to justice

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

Forest and Non-Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Indian Penal Code, 1860
Section 307 [Provision for determining penalty for attempted murder] Section 34 [Provision criminalizing offences under this act taken by multiple people with common intention]
Madhya Pradesh Land Revenue Code, 1959
Section 158(3) [Every person holding land due to a lease granted or allotment by the state government is to be considered a bhumiswami as per this act] Section 250 [If a bhumiswami is dispossessed of their land in any unlawful manner, the bhumiswami may apply to the local Tahsildar for restoration of possession of such land]
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
  1. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  2. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  3. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  4. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Lack of legal protection over land rights

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

Yes

Name of the adjudicatory body

Revenue Court

Name(s) of the Court(s)

Guna district

Case Number

Main Reasoning/Decision of court

The court ruled in favour of Arjun Sahariya and ordered that his land's possession should vest with him and his family.

Major Human Rights Violations Related to the Conflict:

Attempted killing

Physical attack

Killing

Whether criminal law was used against protestors:

No

Reported Details of the Violation:

After the district revenue court ruled in favour of Arjun Sahariya, he went to take possession of the land that was granted to him by the state government in 2000. But the people who had captured his land refused to vacate the land. When Arjun's wife, Rampyari Bai visited the land, she saw them sowing the land and tried to stop them. The individuals who belonged to the Dhakad community (Other backward class), set her on fire. She suffered 80% burns and later died in a hospital in Bhopal.

Date of Violation

July 6, 2022

Location of Violation

Dhanauri village, Bamhauri Tehsil, Guna district

Additional Information

Nature of Protest

No items found.

Government Departments Involved in the Conflict:

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

In July 2022, a woman belonging to a tribal community, was set ablaze by persons who had captured her land in Dhanoria village of Guna district in Madhya Pradesh. She suffered 80% burns and later died in a hospital in Madhya Pradesh. 

The land in question belongs to the woman, Rampyari Bai, and her husband, Arjun Sahariya. Both belong to the Sahariya community, which is identified as a particularly vulnerable tribal group (PVTG). They were granted that land in 2000 by the Madhya Pradesh state government as part of a welfare scheme. The Tehsildar had redistributed 700 hectares of land to the landless members of Dalits and Tribal communities in Dhanoria and nearby villages.  

A majority of such redistributed lands however was occupied by members of other land owning communities who are socially and economically more advantaged than the landless communities. In the case of Rampyari Bai, her land was occupied by members of the Other Backward Class. 

After various attempts to take back control of their land, Rampyari Bai and Arjun Sahraiya’s complaint reached the court of the revenue court. The court ruled in their favour in May 2022. Following which, Arjun Sahariya went to take possession of the land. But the individuals who had occupied their land refused to vacate the land. In June 2022, Arjun had sought security from the police as he felt his life was in danger from the people who had captured his land. But the police turned down his request.

When his wife, Rampyari Bai went to the land, she found those individuals were beginning to sow seeds on her land. When she objected, they set her on fire. 

A video of the women being under fire and surrounded by thick smoke, which was allegedly shot by the accused, was circulated on various social media portals. 

The Madhya Pradesh Police have arrested three persons – Pratap Dhakad, Hammat Dhakad, and Shyam Dhakad – all members of the other backward class. Two women were also arrested – Avanti Bai and Sudama Bai. The accused were charged under sections 304 and 34 of the Indian Penal Code (attempt to murder). They were also charged under various sections of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act) 1989.   

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Demand to get back access to private land, demand for security and access to justice

Region Classification

Rural

Type of Land

Common and Private

Type of Common Land

Forest and Non-Forest

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Indian Penal Code, 1860
Section 307 [Provision for determining penalty for attempted murder] Section 34 [Provision criminalizing offences under this act taken by multiple people with common intention]
Madhya Pradesh Land Revenue Code, 1959
Section 158(3) [Every person holding land due to a lease granted or allotment by the state government is to be considered a bhumiswami as per this act] Section 250 [If a bhumiswami is dispossessed of their land in any unlawful manner, the bhumiswami may apply to the local Tahsildar for restoration of possession of such land]
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
  1. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  2. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  3. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  4. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Lack of legal protection over land rights

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

Yes

Name of the adjudicatory body

Revenue Court

Name(s) of the Court(s)

Guna district

Case Number

Main Reasoning/Decision of court

The court ruled in favour of Arjun Sahariya and ordered that his land's possession should vest with him and his family.

Major Human Rights Violations Related to the Conflict:

Attempted killing

Physical attack

Killing

Whether criminal law was used against protestors:

No

Reported Details of the Violation:

After the district revenue court ruled in favour of Arjun Sahariya, he went to take possession of the land that was granted to him by the state government in 2000. But the people who had captured his land refused to vacate the land. When Arjun's wife, Rampyari Bai visited the land, she saw them sowing the land and tried to stop them. The individuals who belonged to the Dhakad community (Other backward class), set her on fire. She suffered 80% burns and later died in a hospital in Bhopal.

Date of Violation

July 6, 2022

Location of Violation

Dhanauri village, Bamhauri Tehsil, Guna district

Nature of Protest

No items found.

Government Departments Involved in the Conflict:

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Image Credit:  

Image Credit:  

Documented By

Text Link

Reviewed By

Text Link

Updated By

Text Link

Edited By

Text LinkLand Conflict Watch

Other Land Conflicts in Madhya Pradesh

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