Gujarat
,
Nalasar Village in Palanpur Tehsil
,
Banaskantha
Published :
Jun 2021
|
Updated :
80 Dalit Families Face Social, Economic Boycott in Gujarat's Banaskantha; 14 Booked
Reported by
Rejitha Nair
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2021
Year started
Land area affected
Households affected
People Affected
2021
Year started
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Caste-based Conflict
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Caste-based Conflict
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

A land dispute between two individuals snowballed into a conflict between the Scheduled Caste and uppercaste community in Nalasar village in Palanpur tehsil, Banaskantha. Jitendra Kalaniya, a Dalit, has been fighting a legal battle against Sardarbhai Suchol belonging to the upper caste (Chaudhary) over a patch of land behind Kalaniyas house. Both of them have claimed rights over the land, and the matter is sub judice. Kalaniya has reportedly filed many applications as part of the legal process, which irked the uppercaste community in the village. They have been pressuring the Dalit community to persuade Kalaniya to stop pursuing the matter but he did not agree. This led the villagers to boycott the 80 Dalit families residing in Nalasar. According to Jayesh Bhatiya, a member of the Dalit community, the social and economic ostracisation has caused immense hardships to the community. He told the media that the village residents have been asked by the uppercaste not to provide ration to the Dalits, employ them in farms as labourers, ride in their vehicles or allow them to cut hair, among others. The boycott has been particularly challenging to the Dalit women. The shopkeepers do not let us enter the shops; we are unable to graze cattle or get fodder; our children are not allowed to use public transportation to go to schools… When we insist, they say that the villagers have asked us to refuse services to you, Kantaben Bhatiya told journalists. A few Dalit representatives approached the Additional Superintendent of police and the district collector. They lodged a complaint and an FIR was filed, following which 14 persons were booked under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, The Protection of Civil Rights Act, 1955, and the Indian Penal Code, 1860. 

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for better access to common land/resources

Other Demand/Contention of the Affected Community

Protection against caste discrimination and social ostracisation

Region Classification

Rural

Type of Land

Private

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?

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

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?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Additional Superintendent of Police and District Collector, Banaskantha

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

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:

5
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?

Legal Supporting Documents

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Author
Reported by
Rejitha Nair

Rejitha is a freelance consultant and Master Trainer for Paralegals. She is presently writing her doctoral thesis at NALSAR University of Law, Hyderabad. Before starting out on her own, she worked for over six years as an Assistant Professor, teaching Human Rights and Legal Theory at Nirma University, Ahmedabad. A firm believer in education for justice, she devotes most of her time in developing courses and training modules to better understand social power and power structures.

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Fact sheet

Demand/Contention of the Affected Community

Demand for better access to common land/resources

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

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?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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