Madhya Pradesh
Bamhauri
,
Dhanoria
,
Guna
Published :
May 2023
|
Updated :
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
Edited by
Anupa Kujur
Households affected
People affected
Year started
Land area affected
Households affected
People Affected
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

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.   

2
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

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?

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?

4
Additional Information

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:

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
Satish Bhartiya
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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

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

Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

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