Karnataka
,
Byrenahalli village, Korategere Taluk
,
Tumakuru
Published :
May 2022
|
Updated :
June 3, 2022
Land dispute over burial grounds as Dalits protest against discrimination in Tumakuru district of Karnataka
Reported by
East Street Journal Asia
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
100
Households affected
People affected
2022
Year started
Land area affected
100
Households affected
People Affected
2022
Year started
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

On February 3, 2022, tension erupted between Dalits and upper caste people in Byrenahalli, a Dalit village in Tumakuru district of Karnataka. The conflict started when the family of a Dalit man buried his corpse on a piece of government land in the Koratagere Taluk of Byrenahalli. The deceased was a 57-year-old man named T.Hanumantharayappa who died on February 2 at Byrnehalli.
Amidst the clash, upper-caste people threatened to disinter the body of the deceased man after which the bereaved family sat on a vigil at the grave of their relative to prevent that.
Speaking to the media, T. Hanumantharayappa's nephew, Lakshmikantha BS said, "We used to bury the bodies of our neighbours and relatives by the roadside of NH-234. But the elders were not ready to bury Hanumantharayappa there, so we asked the village authorities to provide another place for us. When they didn't allow us, we buried the body on a piece of government land in survey No. 1, but upper caste people tried to stop us." The family alleged they had no other option as they were landless. State authorities meanwhile clarified that they visited the burial ground to address the issue and promised to intervene if any problem arose. Tehsildar of the area, Nahida Zam Zam, said, "I visited the general burial ground and told Dalit families to bury bodies on 20 guntas which are being cleaned." But Dalit leader Venkatesh Murthy alleged that the Tehsildar wanted them to bury bodies on the burial ground of upper castes, which would fuel more clashes.
In a similar incident in March 2021, a couple belonging to the Dalit community was not allowed to bury the body of their 4-month-old daughter. They were later forced to pick up the dead body from the burial pit and bury the child in a different place. In this case, the family had taken the body to the dry bed of the Suvarnamukhi rivulet for the last rites. But they were prevented from performing the rituals by some security guards of a nearby factory, who claimed the land belonged to the factory.

Notably, the demand for a separate burial land has been a long pending request of the Dalits in Koratagere Taluk of Tumakuru district. Of the 100 families living in the Dalit colony in Byrenahalli, 90 are landless and struggle to find spaces for burying deceased family members.

Back in 2016 there was a heated debate over providing separate burial grounds for the Dalit communities in the Upper Legislative House of Karnataka. The then Minister for Social Welfare, H. Anjaneya had announced on the floor of the House that the government had earmarked Rs. 40 crore to acquire land in phases to develop burial grounds for the Scheduled Castes and Scheduled Tribes.In August 2019, the Karnataka High Court directed the state government to take necessary possible steps to provide burial grounds to all the villages and towns which do not have burial grounds within six months.

The lack of burial grounds faced by Dalit communities is a problem that ails other parts of the country as well. To counter such land based exclusion and discrimination, Dalit activists who are a part of a broader national campaign  have for long demanded 5 acres (2 hectares) of land for each Dalit family - just about enough for a home and a small farm to live off.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for better access to common land/resources

Other Demand/Contention of the Affected Community

Demand for separate burial grounds

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:

Social Welfare Department Karnataka, Health & Family Welfare Services Department Karnataka

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
East Street Journal Asia

East Street Journal Asia is a multilingual, Web-based news journal. It is an independent media organisation whose goal is to make transparent, unbiased and data-driven journalism accessible to all.

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Fact sheet

Demand/Contention of the Affected Community

Demand for better access to common land/resources

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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