Maharashtra
,
Achakdani
,
Solapur
Published :
Dec 2020
|
Updated :
Dalit Communities in Maharashtra Demand Watan Lands Promised by Government
Reported by
Nihar Gokhale
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
240
People affected
2016
Year started
20
Land area affected
Households affected
240
People Affected
2016
Year started
20
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

The Mahar and Ramoshi communities in Maharashtra are fighting for titles to watan lands -- agricultural lands that were given to them by the British in the early 1900s. The Mahars are a Scheduled Caste while Ramoshis are a denotified tribe. The British used to hire men from both the communities to serve in the village administration. In lieu of salary, they were given watan land to cultivate. After independence, in 1958, the then state of Bombay passed a law to abolish the watan system and transfer the land to the government. The law had a provision to grant land titles to all watan landholders if they completed some paperwork and paid a one-time tax. However, the process did not complete, and the government began using the watan lands for public projects instead. "These are our own lands, and yet we don't have them," says T. Vincent Manoharan, chairperson of the National Federation of Dalit Land Rights Movement. In the case of Achakdani village, 50 acres of land were granted to 50 families from the two communities. In the 1970s, the land was transferred to the Maharashtra forest department for carrying out afforestation under the Central governments Drought Prone Areas Programme. The community members allege that the government had promised to transfer the land in their names after the afforestation drive was completed. But that did not happen, and the government evaded the issue. The watan holders, meanwhile, strengthened their demand. They accessed historical records from the Maharashtra state archives and wrote letters to the district collector. In 2018, the tehsildar informed them in writing that since their land was under the jurisdiction of the state forest department, it is protected by the Forest (Conservation) Act, 1980. Section 2 of the Act prohibits the diversion of forestland for non-forest purposes without the prior approval of the Centre. The two communities have refused to accept this position and continue to campaign against the government and demand land. They are part of a larger movement started by the descendants of the Mahar and Ramoshi _watan _holders who wish to reclaim their lands and become self-sufficient farmers. "When the government needed land for plantation, people did not know if they had any right to object. It was _sarkari zameen _(government land) after all. They thought the government would return it after the plantation drive. If they wanted trees, they could have asked us to plant them. Farmers here anyway do that," 50-year-old Dhanaji Chavan, a resident of Achakdani, told LCW. Chavan's father was a _watan _grantee but he is now fighting to get title to the land."

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for promised land

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Non-Forest (Other than Grazing Land)

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:

District Collector, Solapur

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
Nihar Gokhale
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Fact sheet

Demand/Contention of the Affected Community

Demand for promised land

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

Whether the project was stalled due to land conflict

Source/Reference

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