Karnataka
,
Balekoppa
,
Chikkamagaluru
Published :
Aug 2020
|
Updated :
Havugolla Tribe in Karnataka Demanding Permanent Land Rights for over 15 Years
Reported by
Tamanna Naseer
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
70
People affected
2018
Year started
2
Land area affected
Households affected
70
People Affected
2018
Year started
2
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

The nomadic Havugolla community is seeking rehabilitation in Chikkamagaluru district. They were traditionally snake charmers and moved from one place to another. The younger generation, however, did not pursue the ageold tradition and became agricultural labourers and smalltime traders over time. They have been living in Chikkamagaluru district for more than 15 years without proper accommodation and sanitation facilities. Before settling in Chikkamagaluru, they used to roam in Shimoga and Chitradurga districts. Generations of nomadic communities have moved from one place to another, along with their cattle, to earn their livelihood. Whenever they settle on any common land, they claim traditional right over it and demand ownership. The state, on the other hand, considers them encroachers as they have no legal titles over what the state considers government land. The absence of permanent land to settle in and the lack of legal titles as well as laws to safeguard their interests has left these nomadic communities vulnerable. On July 26, 2018 several families from the Havugolla community vacated their temporary shelters near Balekoppa village in NR Pura tehsil in Chikkamagaluru and fled to different districts due to a superstition that deaths would occur in their families during a total lunar eclipse. The district administration made an effort to bring the individuals back and later provided them temporary accommodation on the premises of a defunct school in Balekoppa. But the local residents expressed their unhappiness to the government authorities and complained of theft and unhygienic living conditions of the Havugolla community. The community members are allegedly subjected to regular verbal threats from the village residents who ask them to find a permanent dwelling. Thirtyeightyearold Latha, a tribe member, told LCW: "The monsoon season has started. It is difficult for us to stay in the school premises when it rains. My family returned to Chikkamagaluru from Tirthahalli (in Shimoga) because politicians and officials had promised to give us land for permanent settlement. We are still waiting. There is some conflict with the forest department. We dont know till when we will have to suffer here. The local residents taunt us and pick fights with us regularly. In February 2020, 18 Havugolla families protested in front of the local forest office seeking proper rehabilitation and requested the government to provide them land for resettling permanently. The Nagalapura panchayat had planned to allocate land next to a cremation ground in NR Pura tehsil. However, the forest department, which has planted acacia trees in the area, refused to give a noobjection certificate for cutting down trees on the 5.2 acres of land that was proposed to be used for resettlement. When the community members requested the village panchayat, the latter merely expressed helplessness.  Manish, panchayat development officer of Nagalpura, told LCW, "We are waiting for the forest department to allow us to cut the trees and use the land for relocating the families. On May 28, 2020, the deputy commissioner issued an order, stating that one acre of land should be allotted to the Havugolla community in Aralikoppa village in NR Pura tehsil, which falls under the jurisdiction of the Gubbiga panchayat. No action has been taken on the order yet and the community still awaits rehabilitation. In June, the tribe members met the local sheristadar (officer next in rank to tehsildar) and submitted a written request asking him to provide a permanent place to the community to shift soon.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for promised land

Demand for rehabilitation

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:

Forest Department, Office of the Chikkamagaluru Deputy Commissioner

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

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
Tamanna Naseer

Tamanna is a Bengaluru-based journalist who pens features and reports on movies, politics and human interest issues. She has previously worked with News Central24x7, Business Standard and The Statesman.

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Fact sheet

Demand/Contention of the Affected Community

Demand for promised land

Demand for rehabilitation

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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