On January 16, 2018, five Dalit families in Gitapur village sat on an indefinite fast outside the office of the Taluka Mamlatdar to demand their promised residential plots. Gitapur is located in Detroj Rampura taluka in the Ahmedabad district of Gujarat. The Dalit families claimed that the Gram Panchayat had denied granting them the residential plots, first promised to them in 2012. As per a news report, they demanded to file a case under the Atrocities Act against the upper-caste community members, who attacked the Dalits in the village. They also protested against forceful exclusion from access to basic amenities, and local markets.
Subsequently, the Patidar residents of the village, the dominant caste, also launched a protest outside the Mamlatdar’s office to oppose the demand of the Dalit families. Allegedly, they did not want the Dalits to take over the land from the village panchayat. They claimed that the families are not residents of Gitapur and encroached upon the plot.
Indeed, the Dalit families are listed residents of Bhagapura village, which is adjacent to Gitapur.
According to a news report, on April 02, 2012, the gram panchayat of Bhagapura passed a resolution to give the Dalit families plot for constructing their houses. However, the geographical area was under the jurisdiction of Gitapur village. Before this, in 2011, the administration demarcated the two villages as separate. Regardless, the revenue survey numbers of the two villages remained together. As a consequence, the plot allocated to the families turned into a disputed site. Subsequently, the five Dalit families were forcefully made residents of Bhagapura, said local Dalits rights activist, Kanu Sumra, in a news report.
The five families first protested against the failure to receive their plots in 2013. As reported, on August 25, they collected outside the taluka office to demand their land. While the administration made assurances, the plots were never physically handed over to the families.
A local representation supporting the families’ also claimed that in the same year, on December 14, the members of the Patidar community physically attacked one of the Dalit residents, namely Narshibhai Maganbhai Parmar. They also claimed that Patidar set the huts on fire.
In 2014, a news article reported that a representation of two NGOs, Navsarjan Trust and Manav Adhikar Samiti, met with the district collector. They presented the demands for the immediate handover of plots, addressing the social boycott, and providing access to basic amenities, amongst other concerns.
Since then, the families continued to live in make-shift shanties without access to any basic amenities.
In January 2018, the indefinite fast ended after almost 12 days following the intervention from the taluka administration. The administration allowed the families to convert a portion (one bigha) of their farmlands into non-agricultural land to build their houses. In return, the administration also agreed to bear the cost of construction, stated Sumra in the same news report.
However, the conflict escalated as a political issue after both the protesting parties received opposing support from local political leaders.
Demand/Contention of the Affected Community
Complaint against procedural violations
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 and Private
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?
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
Residential area
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
Yes
When did it end?
February 2018
Why did the conflict end?
Community agreed to alternative offers
According to a 2018 news report, the district administration offered five Dalit families to convert a portion of their farmlands into non-agricultural land to build their houses. The report quotes an activist who clarifies that the administration agreed to bear the cost of construction while the families used one bigha of their farmlands. https://timesofindia.indiatimes.com/india/dalit-patidar-land-dispute-reveals-hardik-jignesh-rift/articleshow/62732273.cms
Categories of Legislations Involved in the Conflict
Other, Land Reform Laws
Legislations/Policies Involved
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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.
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.
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.
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.
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.
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
Delay in allottment and possession of land/property
Forced evictions/dispossession of land
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Physical attack
Torching of houses
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
On December 14, 2013, the members of Patidar community physically attacked one of the Dalits, namely Narshibhai Maganbhai Parmar. The Patidars also set the huts on fire.
Date of Violation
December 13, 2013
Location of Violation
Gitapur
Government Departments Involved in the Conflict:
Office of Detroj Rampura Taluka Mamlatdar
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?
N/A
Communities/Local Organisations in the Conflict:
Navsarjan Trust, Manav Adhikar Samiti, Rashtriya Dalit Adhikar Manch
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?
Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.
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