In 2015, the Karnataka government had launched a drive to reclaim government land that has been "encroached" upon. This affected over 300,000 marginal and landless cultivators known as Bagair Hukum cultivators. These cultivators lack formal and documented ownership rights to the small plots of government land they till.
They have for long demanded from the state legal title to the lands they cultivate. Their concerns however were not addressed. The state has instead through its policy of reclaiming government land started evicting them by treating them as 'encroachers'.
In March 2023, the Bagair Hukum cultivators of Gangaiahanapalya village in Chelur Hobli of Tumkur district launched a Jail Bharo campaign to reclaim their lands from which they had been evicted by officials of the State Forest Department. They were supported in this protest by the Karnataka Prantha Raitha Sangha, a civil society organisation affiliated to the All India Kisan Sabha.
The dispute centres around 700 hectares of land that affects farmers from 10-35 villages.
The farmers claim they had been cultivating the land for the nearly 70 years. But eight years back they were displaced from their lands by the State Forest Department. Officials of the Forest Department assert that it is the farmers who allegedly encroached on land that belonged to them.
According to the farmers, the situation escalated in March 2023 when forest officials breached an agreement and attacked the farmers while attempting to reclaim the land. The clash resulted in injuries to both farmers and forest officials.
A criminal case was registered against eight farmers under various sections of the Indian Penal Code.
The farmers also filed a complaint against the Forest Department, and a case was registered against them under charges of causing hurt using instruments.
In October 2023, during the Navratri celebrations and the ancestral day festivities, the Forest Department, backed by a substantial police force, began planting activities on Bagair Hukum land. Despite the farmers' engagement in festive celebrations, they protested against the sizeable police force and the violations by the Forest Department.
Following a 21-day continuous protest at Bagair Hukum land, the farmers convened a large protest meeting on November 10, 2023, in front of the Tumkur district collector's office. They demanded action against the illegal disruption of their lawful acquisition rights.
The Assistant Commissioner assured that no small tenant would face eviction, and a committee chaired by the Deputy Commissioner would be established to address the farmers' concerns. Furthermore, a meeting under the district in-charge minister was proposed to discuss the issues in detail. With these assurances, the farmers withdrew their protest and resumed ploughing their Bagair Hukum cultivable land.
Demand/Contention of the Affected Community
Complaint against procedural violations
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
Forest and Non-Forest, Non-Forest (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
Indian Penal Code, 1860
Section 143 (unlawful assembly),147(guilty of rioting), 148 (rioting with a deadly weapon), 332 (voluntarily causes hurt), 352 (assault, using criminal force), 504 (intentional insult and provocation) and 506(threatening with life)
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
Agricultural land
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?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
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
Yes
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
Non-consultation with stakeholders
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
No
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:
Lathicharge/teargas/pellets
Arrest/detention/imprisonment
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
On March 30, 2023, despite the promised assurance, a group of more than a hundred individuals, claiming to be forest department officials but including individuals with criminal backgrounds, violated the agreement and forcefully entered the lands. They proceeded to dig trenches and create rows of furrows for tree planting using heavy machinery. The farmers raised questions about these actions, but instead of receiving answers, they were subjected to brutal attacks with lathis (sticks). This violent incident resulted in over thirty farmers sustaining severe injuries, with the president of Gubbi taluk KPRS, Dodda Nanjaiah, requiring 31 stitches for a head wound. Additionally, District Secretary C Ajappa was also struck with a stick. Regrettably, both women and men from Scheduled Castes and Scheduled Tribes were among those who endured beatings with lathis.
Date of Violation
March 12, 2023
Location of Violation
Gangaiahanapalya, Gubbi Town, Tumkur District
Government Departments Involved in the Conflict:
Forest Department and Revenue 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:
Bagair Hukum farmers of Gangaiahanapalya in Chelur Hobli, Tumkur district
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
Indian Penal Code, 1860
Section 143 (unlawful assembly),147(guilty of rioting), 148 (rioting with a deadly weapon), 332 (voluntarily causes hurt), 352 (assault, using criminal force), 504 (intentional insult and provocation) and 506(threatening with life)
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?
Nayantara is a developmental practitioner, researcher, and journalist who works in the field of community conservation. Her interest lies in understanding how traditional knowledge systems can be integrated into current developmental policies and practices to ensure the future sustenance of forest communities, coastal communities, agricultural communities, and pastoralists- and their role in safeguarding the ecosystems they depend on.
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