In 198384, the Gujarat government had allocated around 75,000 acres of surplus land to landless Dalits under the Gujarat Agriculture Land Ceiling Act, 1960. The Rapar Taluka Anusuchit Jati Samudayik Kheti Sahkari Mandali Limited, a cooperative of Dalits of Rapar tehsil in Kutch, were allotted 2,850 acres of land in 1984; however, the land was measured and demarcated and the Mandalis name was entered into the revenue records only in 2018. Though the Mandali is officially recognised as the holder of 2,850 acres, they have only gained possession of around 700 acres** **till date, as told to LCW by Ramji Bhadru, president of the Mandali. The remaining land allegedly is occupied by farmers from the upper caste. The land is officially in the name of the cooperative, and we have been paying revenue tax on the land. However, the uppercaste farmers have been cultivating the land and have refused to hand over possession to the Mandali. They have even challenged the allocation of this land to the Dalits in the High Court of Gujarat. The court passed an interim order directing to maintain status quo and restricting any activity on the land. But the encroachers recently cultivated jeeru (cumin) in complete disregard to the courts order. We have asked the Mamlatdar of Rapar tehsil (authority responsible for agricultural tenanted land) to file a contempt complaint against the encroachers, but nothing has happened so far. Why are they being allowed to cultivate and profit from our land? Bhadru said to LCW. The region is reportedly dominated by Rajputs, and there have been cases in the past where Dalit farmers were killed over land disputes. We need support and protection from the state to take over possession of our land as we fear for our life. The encroachers often threaten, intimidate and beat up the Mandali members. We fear that we will be killed if we try to enter the land, he added. According to Bhadru, the disputed land is wellirrigated with easy access to canals and earnings of about INR 25 crore, so the encroachers will not give it up easily. The Mandali has filed over 25 FIRs and atrocity cases against the uppercaste farmers, which are pending before the District and Sessions Court (Bhuj, Kachchh). The members of the Mandali are socially and economically backward and are living in abject poverty. If we get possession of the land, we can distribute eight acres to each family to cultivate and earn a livelihood, Bhadru added. In 2019, MLA Jignesh Mevani had appealed to the state government to offer protection to 116 Dalit farmers of the Mandali who were facing death threats. Meanwhile, the Mandali has been requesting the Mamlatdar to mediate between the parties and have been voicing their concerns to the state government through campaigns asking for protection. But the farmers have neither received possession of their land nor protection from the state.
Demand/Contention of the Affected Community
Demand for better access to common land/resources
Demand for promised land
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
Private
N/A
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?
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
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Land Ceiling Laws, Other, Land Reform Laws
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
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 allottment and possession of land/property
Forced evictions/dispossession of land
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Gujarat; District and Sessions Court (Bhuj, Kachchh)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Physical attack
Killing
Whether criminal law was used against protestors:
Reported Details of the Violation:
The upper-caste farmers often threaten, intimidate and beat up the Mandali members. The region is reportedly dominated by Rajputs, and there have been cases in the past where Dalit farmers were killed over land disputes.
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Mamlatdar of Rapar (authority responsible for agricultural tenanted land); 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:
N/A
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
MLA Jignesh Mevani, Kutch Zamin Wapsi Andolan
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?
Rejitha is a freelance consultant and Master Trainer for Paralegals. She is presently writing her doctoral thesis at NALSAR University of Law, Hyderabad. Before starting out on her own, she worked for over six years as an Assistant Professor, teaching Human Rights and Legal Theory at Nirma University, Ahmedabad. A firm believer in education for justice, she devotes most of her time in developing courses and training modules to better understand social power and power structures.
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