Gujarat
,
Vautha village in Dholka Tehsil
,
Ahmedabad
Published :
Apr 2021
|
Updated :
Dalit Women Farmers Threatened with Eviction under Gujarat Land Grabbing (Prohibition) Act
Reported by
Rejitha Nair
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
51
People affected
2020
Year started
10
Land area affected
Households affected
51
People Affected
2020
Year started
10
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

Fiftyone Dalit women in Vautha village in Dholka tehsil have been facing threats by men from upper caste in the area to vacate 25 acres of land they have been cultivating for more than 30 years. These women came together in 1989 to convert a plot of wasteland (municipal land) into cultivable land. It took them 10 years to make the wasteland fertile. They have since been growing groundnut, castor and cotton crops, earning an annual income of INR 8 lakh. In 2017, as a recognition of the resilient efforts of these Dalit women farmers, then Agriculture Minister Bhupendrasinh Chudasama had sent out letters to local revenue officers recommending the transfer of ownership title of the land to the collective Jai Bheem Mahila Kheti Mandal founded by these women. However, no transfer of title has taken place till date. In October 2020, the state government passed the Gujarat Land Grabbing (Prohibition) Act. The Act imposes strict criminal liability, with punishment of at least 10 years, extending up to 14 years, on anyone occupying government or private land without lawful title or who continues to retain possession of land that was occupied much prior to the enactment of the Act. Since none of the Dalit women have legal title to the land, they are being reportedly intimidated and threatened by the dominant upper caste men in their village to vacate the land or face charges under the Act for land grabbing. "The Land Grabbing Act is being used to threaten us and take away the land that we have cultivated with our blood and sweat. Dominant members of the village are colluding with local cops to evict us from the land. We will give our lives but not give up this land, Balu Makwana, one of the Dalit women, told the media.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

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 revenue department, District Superintendent of Police

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 legal recognition of land rights

Demand to retain/protect 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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