Punjab
,
Pakho Kalan, Dhilwan and Ramgarh villages
,
Barnala
Published :
Nov 2020
|
Updated :
Dalits in Punjab's Barnala Protest Against 'Illegal' Auction of Shamlat Land
Reported by
Damandeep Singh
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2020
Year started
6
Land area affected
Households affected
People Affected
2020
Year started
6
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

Punjab has about 1.4 lakh acres of shamlat land (village common land) across nearly 8,000 villages. Of this, onethird is reserved for Dalits. Members of the Dalit community in Barnala district have protested against irregularities in the auction of at least 14.5 acres of shamlat land that is reserved for them. The land spans across three villages in the district Pakho Kalan, Dhilwan and Ramgarh. According to the Punjab Village Common Land (Regulation) Rules, 1964, about 33 per cent of shamlat land is reserved for Dalits and can be auctioned only to them. This land is owned by the village panchayat and is mainly used for cultivation. The annual open auction of shamlat land is usually held in April. The Dalits of the three villages alleged that the auction in 2020 was not fair as certain influential people tampered with the auction process. Having been reserved for Dalits, nonDalits are not allowed to take part in the auction. Yet, there were reports of certain nonDalit individuals placing their helpers in the auction process to acquire land. On July 3, 2020, five Dalit youths in Pakho Kalan village protested against the irregularities in the auction for 10 days by climbing atop a water tank. They retreated when Punjab State SC Commission member Raj Kumar Hans visited the village and requested them to call off their protest. He also directed the Barnala subdivisional magistrate to hold a magisterial inquiry into the matter. The district administration declared the earlier auction null and void and cancelled further auctions** **of the shamlat land in these villages till the inquiry is complete.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for legal recognition of land rights

Other Demand/Contention of the Affected Community

Re-auction of the common land reserved for Dalits

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:

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
Damandeep Singh

Damandeep is a research scholar in the Department of Political Science, Panjab University, Chandigarh, and Assistant Professor (Political Science) in Trai Shatabdi Guru Gobind Singh Khalsa College, Amritsar. He is interested in understanding the politics of heritage and its impact on contemporary cityscapes. He has completed his Master’s in Political Science from Panjab University.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

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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