For months now, thousands of tea workers across Assam have been protesting against the sale of tea estate land to private parties for commercial purposes.
In February 2024, members of the Assam Tea Tribes Students’ Association (ATTSA) staged a protest at the Bijulibari Tea Estate, located in Duliajan area of Dibrugarh district, against the management's decision to sell the land without considering the potential harm to the livelihoods of hundreds of tea workers employed there. The protesters demanded state government's intervention to protect the interests of the workers and safeguard their livelihoods.
Tea garden workers, supported by AATSA, have staged numerous protests demanding the protection of their land rights. In July 2024, AATSA alleged thousands of acres of tea garden lands have been sold over the past 65 years, posing a significant threat to the sustainability of the tea industry in Assam. “The wanton sale of tea garden lands for commercial ventures poses a grave threat to the sustainability of the tea industry and the livelihoods of tea tribe communities,” ATTSA (Dibrugarh) district secretary Lakhindra Kurmi told The Times of India. The ATTSA also called for a 30% reservation of jobs for tea tribe candidates in Oil India Limited.
In August 2024, workers protested against the Assam government, burning an effigy of Chief Minister Himanta Biswa Sarma, in response to alleged police brutality at the Hatikhuli Tea Estate on 31 July 2024. The police had reportedly lathi-charged workers protesting the sale of tea garden land for a five-star hotel project. “This land belongs to the workers, but it has been handed over to hotel owners,” said Kurmi, warning of intensified protests if the government continued to disregard tea garden workers' rights.
On 7 November 2023, AATSA organized statewide demonstrations, claiming that "illegal land grabbing is being orchestrated under the pretext of private development". Protesters argued that tea garden lands, historically considered community property, are essential for their sustenance and should not be sold without adequate safeguards.
The privatisation of tea estates has exacerbated existing socio-economic challenges. Many tea gardens face operational shutdowns, leaving thousands of labourers and small tea growers unemployed and financially insecure. Protesters have revealed poor living conditions and inadequate healthcare facilities in tea estates, with workers claiming these issues remain unaddressed amid ongoing land sales. During a protest in June 2023, tea garden workers in Golaghat had demanded land documentation and improved healthcare services. However, no action has been taken so far.
Activists argue that the privatisation of tea gardens threatens the environmental and cultural integrity of Assam’s tea gardens. According to Kurmi, Assam’s tea community constitutes 20% of the state’s population, around 70 lakh people, but the community "remains the most deprived and exploited in the state".
Kurmi added the BJP government failed to deliver on its 2016 promise to grant land rights to landless tea workers as less than 10% of the workers have received land 'pattas' so far.
Demand/Contention of the Affected Community
Demand for legal recognition of land rights
Demand for compensation
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
1. Demand for ST status 2. Demand for proper healthcare facilities
Region Classification
Urban and 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
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 163. Power to issue order in urgent cases of nuisance or apprehended danger.
Code of Criminal Procedure, 1973
Section 197 [Provides immunity to public servants from prosecution without prior sanction]
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
Non-agri rural enterprise, Commercial
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.
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:
Delay in compensation
Lack of legal protection over land rights
Non-consultation with stakeholders
Scheduled Tribe status or lack of status
Violation of fundamental rights
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
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
Financial harassment
Whether criminal law was used against protestors:
Bhartiya Nyaya Sanhita, 2023
Reported Details of the Violation:
1. In December 2017, two owners of a tea estate in Numaligarh area fired at workers, injuring at least ten. (https://scroll.in/latest/861591/assam-golaghat-shuts-down-after-two-tea-estate-owners-fire-at-their-workers) 2. In July 2024, police brutality against the poor workers of Hatikhuli Tea Estate was reported. On July 31, they were subjected to a lathi charge by the police while protesting against the sale of garden land for the construction of a five-star luxury hotel.
Date of Violation
August 31, 2024
Location of Violation
Doomdooma
Government Departments Involved in the Conflict:
Assam State Government, Assam Industrial Development Corporation (AIDC), Tea Board of India, Revenue and Disaster Management Department, Ministry of Commerce and Industry (Central Government), Ministry of Labour and Employment (Central Government), Ministry of Environment, Forest and Climate Change (Central Government), District Administration (District collectors and magistrates) of respective districts, Assam Tea Tribes Welfare Department
PSUs Involved in the Conflict:
Oil India Limited (OIL), Andrew Yule & Co. Ltd. (Owned by the Ministry of Heavy Industries, Government of India)
Did LCW Approach Government Authorities for Comments?
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:
Adivasi/ Tea Tribe Communities, Assam Tea Tribes Students’ Association (ATTSA), All Assam Adivasi Students’ Association (AASAA), Chah Janagosthiya Jatiya Mahasabha (CJJM), Assam Chah Mazdoor Sangha (ACMS) and Bhartiya Chah Mazdoor Sangha (BCMS)
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
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 163. Power to issue order in urgent cases of nuisance or apprehended danger.
Code of Criminal Procedure, 1973
Section 197 [Provides immunity to public servants from prosecution without prior sanction]
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?
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