Gujarat
,
Thanagadh
,
Surendranagar
Published :
Mar 2018
|
Updated :
Three Dalit Families Await Promised Land as Compensation for Thanagadh Firings in Gujarat
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
14
People affected
2012
Year started
4
Land area affected
Households affected
14
People Affected
2012
Year started
4
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 September 2012, the police gunned three young Dalit men during a clash between two communities. Following protests, the state government asked the Ministry of Social Justice and Empowerment to conduct an inquiry. The affected families also filed FIRs against the accused police officers. However, there was no action taken then.  Subsequently, the state government announced a compensation of 32 lakh rupees and allocating three acres of land for each family. Meanwhile, the affected families continued to protest against the delay in the investigation with the support of local political and civil society outfits. They also filed RTI to access the 2013 Sanjay Prasad committee report, which wasnt made public even after three years.  In January 2016, the protestors came together with the Navsarjan Trust, a local Dalitrights organisation, to revoice their demand for justice. They questioned the government on the delay in the investigation and filing a charge sheet against the accused. They demanded a CBI inquiry into the case.  A 2016 news report stated that the state government formed a Special Investigation Team to look into the case. The decision came after several Dalit political leaders and activists requested the state government's intervention to expedite the process. The state also formed a special court and announced an additional compensation of two lakh rupees.  The Surendranagar district collector told a newspaper that the administration had already offered a plot of land to the families. But the affected families refused the uncultivable land and demanded plots at a different location, which was under the forest area, as per the news report. In July, the state government decided to speed up granting lands to the affected families. For this, it accepted the new proposal for alternative plots in Jamvadi taluka by the district administration. The Minister of the Social Justice and Empowerment Department announced that the allocations would be complete very soon. He claimed that the administration had already granted monetary compensation and other forms of social assistance. Following the assurances, the families ended the protests. In March 2018, the families again launched a protest claiming that the government took back the allocated lands after changing possession in the revenue records. They reasserted that the government was failing to bring justice to the victims. They again demanded a copy of the 2013 committee report about the incident and threatened to intensify the protests against the government's inaction. They threatened to launch an indefinite fast, block the roads and railway lines and sit on a strike outside the office district collector. 

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for promised land

Demand for promised compensation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Non-Forest (Grazing Land), 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 Administration of Surendranagar, Gujarat Social Justice & Empowerment Department

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:

Navsarjan Trust

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
Aditi Patil

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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Fact sheet

Demand/Contention of the Affected Community

Demand for promised land

Demand for promised compensation

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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