Dalit villagers from Punjab’s Sangrur district during a meeting on land rights. In 1964, Punjab reserved 33% of agricultural village common land for Dalits but implementation was tardy. Dalits are now asserting their rights despite facing violence.

Paramjit Kaur was talking about the 15.5 acres of common land she is jointly tending with 200 other Dalit families of the village, earning 2.5 quintal wheat and Rs 1,200 annual profit per household.

At her home in Bhattiwal Kalan village of Sangrur district in Punjab, a green awning in the courtyard partly blocked the harsh summer sun.
Around 50 metres away stood the family’s only reliable source of income–a cart full of cosmetics, small household items and plastic toys. Paramjit Kaur’s husband, Major Singh, takes this mobile shop to neighbouring villages, earning around Rs 500 from daily sales. Her son recently joined a private firm in Sangrur as laboratory assistant, relieving her of a job as a farm labourer.

The family are among the several thousand Dalits participating in a land rights movement sweeping across 70 villages of southern Punjab, upsetting the deeply-entrenched power equations between upper-caste farmers and scheduled caste (SC) labourers.

The campaign also aims to protect village commons from encroachment, ensure food security and uphold women’s safety. This is why the likes of Paramjit Kaur are at the forefront of this movement.

Dalit women of Niyamatpur village in Punjab’s Sangrur district who fought for rights to the reserved common land. A movement for Dalit land rights is challenging traditional power equations as it fights to ensure food security and uphold women’s safety.

Land ownership and rights

In Punjab, upper castes, mostly Jat Sikhs, dominate the farming landscape. Only 3.5% of private farm land belongs to Dalits who make up 32% of the population, according to the Agriculture Census of 2015-16. The national average is 8.6% of farm land for 16.6% of Dalits.
 

Source: Agriculture Census 2015-16

Punjab has the maximum proportion (5.28%) of big farmers owning more than 10 hectares of land among all non-mountainous states of India. The national average is 0.57%, according to the Agriculture Census 2015-16.

Land consolidation is expected to grow further as modern, capital-intensive farming in the state benefits big farmers due to the economies of scale.

In the past, the only major land rights movement in Punjab was the Muzara Movement (1930-53), in which tenant farmers demanded the abolition of biswedari–a system in which landlords owned vast swathes of land–in the princely state of Patiala and East Punjab States’ Union (PEPSU). The agitation had led to violence against the protesting tenant farmers.

The Muzara Movement, however, did not include Dalits.

In 1961, the state passed the Punjab Village Common Lands (Regulation) Act, reserving 33% of agricultural village common land for SCs, who could get an annual lease through bidding (rules under the statute were framed in 1964). The implementation, however, was indifferent.

“Upper-caste farmers continued to cultivate this land by sponsoring proxy candidates from the reserved category, depriving the community of this right,” said Sucha Singh Gill of the Centre for Research in Rural and Industrial Development (CRRID), Chandigarh. “Dalits were also not vocal enough to challenge this arrangement.”

“Even though we knew that the land is ours, we could not claim it,” said Avtar Singh, 65, a resident of Niyamatpur village of Sangrur district, who spent most of his life working on lands of big farmers. “Many of us were unlettered, unorganised and scared of going against the landlords who were our only source of income, food and fodder,” he told IndiaSpend.

Avtar Singh of Niyamatpur village in Sangrur district of Punjab with a cart full of green fodder from the village common land. Avtar Singh spent most of his life working on lands of big farmers. Today, he jointly tills village common land along with other landless.

In 2009, the Zameen Prapti Sangharsh Committee (ZPSC, or ‘land rights struggle committee’), an informal left-wing organisation, decided to mobilise Dalits through village-level committees. The ZPSC favours collective bidding and cultivation of the reserved common lands by all Dalits in a village.

“Educated youth and women were most willing to challenge the status quo,” said Gurmukh Singh, Sangrur district secretary of ZPSC. “They realised that owning a piece of land would bring prestige and cut through the dominance of the upper castes.”

This transformation in Dalit assertiveness is, however, a work of decades, said Ronki Ram, professor of political science at Panjab University, Chandigarh. Starting from before Independence, political consciousness emerged through the work of B R Ambedkar and Bahujan Samaj Party founder Kanshi Ram, born in Punjab’s Rupnagar district, and religious consolidation through the Ad Dharm (Ravidasia). More recently, the most concerted and powerful of these politico-religious sects where Dalits have congregated has been the Dera Sacha Sauda. Such deras have given Dalits the confidence to organise for a movement for land rights, Ronki Ram said.

“The Green Revolution has reduced interdependence of farmers and labourers due to increased farm mechanisation. Dalits started going to nearby towns for work,” said Gian Singh, former professor of economics at Punjabi University, Patiala. For those still involved in farm work, however, dependence persists. Around 68% of agricultural labourers get loans from big farmers, mostly at high interest rates, according to a 2017 study, ‘Indebtedness among farmers and agricultural labourers in rural Punjab’.

Blood on Land

Dalits are waging similar battles to lay claim to promised lands across India, as IndiaSpend reported on June 7, 2019. Across 13 Indian states, there were 31 conflicts involving 92,000 Dalits fighting to claim land, according to Land Conflict Watch, a network of researchers that maps and collects data on land conflicts in India.

Assertion of land rights often leads to grave violence in Punjab where popular culture glamourises gun toting to gain possession of land.

With the widespread use of proxies of Jat Sikh farmers, Dalits have disrupted auctions in several villages over the last 10 years, threatening proxy candidates and even stopping influential farmers from tilling the reserved lands.

Such acts have often resulted in violent repercussions as in Jhaloor village, where 72-year-old Gurdev Kaur was killed and several other protesters grievously injured in a brutal attack by a group of big farmers and their supporters on October 5, 2016. The attackers are currently facing trial in court.

Ballad Kalan, a village with the largest common lands in the region–121 acres as per land records reviewed by IndiaSpend–also endured a cycle of clashes. A few upper-caste farmers had been cultivating the common land for a long time. “In 2014, the proxies for landlords were again bidding for the reserved land at very high rates. We tried to stall the auction but police lathi-charged and threw us into waiting vans,” recalled 63-year-old Harmer Kaur, who braved many blows. “Though women were released later, 41 of our men were kept behind bars for 59 days on several charges.”

The women were not cowed. They uprooted paddy saplings from a plot of reserved land allotted to a proxy of one of the Jat farmers, forcing the state administration and village panchayat to re-auction the land within six months. This was the first time that Dalits won the lease as a collective in Ballad Kalan. The cycle of protests and arrests continued for a couple of years before the current peace, fragile as it is, was achieved.

“It was a stormy and painful journey but also the most rewarding. We would travel to surrounding villages to garner support and to also spread the movement,” said Manpreet Kaur, 48, a short, stout woman whose house became the war room of ZPSC during the struggle. “We got substantial support from many small farmers in our village. Only a few big landlords eyeing the common land were against us.”

The then District Development Panchayat Officer of Sangrur, Joginder Kumar, refused to comment on the incidents and told IndiaSpend that the matter had been resolved amicably during his tenure. Another senior officer requesting anonymity, however, termed ZPSC’s methods as coercive. “The open auctions held earlier were transparent but the leaders provoked people to protest against the system,” he told IndiaSpend. “Only a few have benefited from the new setup.”

Gill of CRRID disagreed: “The movement has definitely improved access to food and fodder for Dalit families besides enhancing self esteem of women.”

A prominent farm union leader in Punjab claimed that ZPSC has created enmity between farmers and farm workers. “The movement is led by former Naxalites who are still looking for some sort of revolution by dividing the society,” he said, “History shows that Dalits can’t till the land because they lack expertise.”

Such opinions are older than the Punjab Village Common Lands (Regulation) Act of 1961, and were voiced during debates in the state legislative assembly on reserving 33% common land for Dalits, said Jatinder Singh, assistant professor of political science at Punjabi University, Patiala.

“Many MLAs opposed the new law claiming that this will impact agricultural production in the state since Dalits are incapable of farming,” Singh told IndiaSpend. “This thinking flies in the face of the fact that they have been farm workers for generations. The only missing attribute was confidence because of past oppressions. Now, they have gained that as well.”

So shall they reap

In 2014, each Dalit family of Ballad Kallan contributed Rs 11,000 for the lease money, the fruits of which they are still enjoying. Today, every family earns on average Rs 30,000 annually, including five quintal wheat grains, from the land, villagers told IndiaSpend. Seven quintal of dry fodder is also allocated to every household. The rest of the money from the 121-acre community land is spent on paying the annual lease of Rs 21,500 per acre besides labour and other input costs.

Remembering the time she had to walk miles to fetch a load of green fodder from the fringes of Jat-owned farms, Harmer Kaur is thankful that the common land is now with the Dalits. “Sometimes the land owner would chase us or make indecent comments,” she recalled.

Sexual exploitation is one of the most critical threats for women labourers, most of whom are Dalits, found a recent study, ‘Socio Economic Conditions and Political Participation of Rural Women Labourers in Punjab’. “More than 70% respondents kept quiet when asked about their experiences related to sexual exploitation. The reality can be inferred from this,” said lead researcher Gian Singh, the former economics professor from Punjabi University. “The social stigma related to the issue forces many to keep mum.”

Things have changed since the movement, Harmer Kaur said: “Now, we don’t need to worry much about safety. We can work on our own community land for a daily wage and also buy green fodder from there.”

Future of land rights

From questioning power, the landless are now trying to gain political power. Thirty of the ZPSC members contested panchayat elections held in December 2018 as independent candidates. At Tolewal village, where they won the seat of sarpanch and two panchayat members, the movement is moving to the next level.

On June 6, 2019, the gram sabha of Tolewal passed a resolution to grant a 33-year lease for the reserved village common land to Dalit families. They disrupted subsequent attempts to hold bidding for the land, resulting in clashes on July 1 that left 15 people injured.

“The aim of 33-year lease is to avoid the annual cycle of protests and uncertainty which takes a toll on our children,” said Harwant Kaur, one of the women leaders of the village. “The long-term lease will also help protect the land from encroachments.”

This 33-year lease has been controversial.

“Long-term lease of common land is allowed only for development projects by government or private firms,” said Malerkotla Block Development Officer Amandeep Kaur, adding that a 33-year lease could not be granted for farming.

“The Dalits aligned to ZPSC are seeking long-term lease on low rate which means village panchayat will suffer loss in revenue,” former sarpanch Bir Singh told IndiaSpend. “When there is no provision to grant 33-year lease, how can this be done? When refused, they resort to violence.”

In response, Gurmukh Singh, district secretary of ZPSC, asked: “If cow sheds can be given on long-term lease, I don’t see a reason why Dalits can’t get the land reserved for them for 33 years. Are they worse than cows?”

The Dalits of Balad Kalan are also aiming for a 33-year lease, fearing that a proposed industrial park in the region would subsume their common lands. “The proposal includes 40 hectares of village common land but it requires approval of the panchayat that we would never let happen,” said Manpreet Kaur.

The movement has greater goals to achieve, said Gurmukh Singh of ZPSC. “The possession of common land has instilled confidence among Dalits but it can’t be their main source of livelihood,” he said. “The real change will come with proper implementation of land ceiling law and redistribution of private land. Only then the landless will gain equal status.”

Under the Punjab Land Reforms Act, 1972, a family unit (husband, wife and children) cannot own more than 17.5 acres of fertile agricultural land that has access to good irrigation facilities. However, a family can hold up to 32 acres if the land is barren and without irrigation facilities.
For the likes of Paramjit Kaur, however, the fight is for dignity, not profit.

(Moudgil is an independent journalist based in Chandigarh.)

Reporting for this story was supported by the NCore Impact Journalism Grant 2019.

Courtesy: India Spend

The post Fist For Farm: How Punjab’s Dalits Are Fighting For Their Right Over Common Land appeared first on SabrangIndia.

Once again, none less than RSS senior leader Indresh Kumar raised the bogey of Article 370 and Kashmir. As representative of the ideological backbone of the party that rules Delhi with a brute majority since May 2014, and is an alliance partner in the state of Jammu and Kashmir, the far Hindutva right has consistently raised this bogey and connected it, without fact or historical basis with Kashmir and Kashmiri ‘loyalty’ to the Indian nation. Demanding that Article 370 should be repealed temporarily in Jammu and Kashmir on an “experimental basis”, and he would reach out to senior leaders of all parties in the strife-torn state for taking the step. “This will help us see whether the people of Kashmir unfurl the flag or set it on fire,” he said. He was at Panjab University to felicitate Mohammad Faiz Khan for ‘Gau Seva Sadhbhavna Padyatra’. Predictably, the chief minister of the state reacted with her views on the subject. If the special constitutional status of Jammu and Kashmir is tampered with, or the Permanent Resident Act (35A) — a provision that empowers the state’s permanent residents — removed, there will be “no one to shoulder the Indian flag in the Valley,” Mehbooba Mufti said. Without seeking to explain the reasons behind the special status and its intent, once again the entire issue of Article 370 and the J & K state again, is likely to deteriorate into a war of words, without historical substance.

Image Courtesy: Kashmir Reader

In this compilation, the author seeks to unravel, for the reader the Historical Background of Article 370 and the Hindu Right
 

Article 370 & the Hindutva Right
 

Article 370 was brought into the Constitution after the events of 1947, when a more popular section of the Kashmiri leadership, led by Sheikh Mohammad Abdullah, negotiated Kashmir’s unique relationship with the Indian Union. The “special status” granted to the state through Article 370 allows the state to have its own Constitution – that is why elections to its legislative assembly are held once in six years, unlike other states where they are held once in five years.
 

Wall, Bride or Tunnel?
 

Article 370 debated in Parliament as early as 1963. In the process of convincing the parliament about the technical difficulties involved in abrogating the Article, Nehru set out to dispel the still-prevailing notion that it prevented people from outside the state from buying land in Kashmir. “That is an old rule coming on, not a new thing, and I think that it is a very good rule which should continue, because Kashmir is such a delectable place that moneyed people will buy up all the land there to the misfortune of the people who live there; that is the real reason and that reason has applied ever since British times and for one hundred years or more,” Nehru said in the Lok Sabha.
 

On August 15, 1947, when India became independent, J&K was not a part of its territory. It was only by the Instrument of Accession, dated October 27, 1947, signed by the Maharaja of J&K that the state acceded to the Dominion of India. By clause 3 the Maharaja accepted that the matters specified in the schedule are the matters with respect to which the dominion legislature may make laws for the state of J & K. The instrument further provided that the terms of instrument shall not be varied by an amendment to the Act or the Indian Independence Act, unless such amendment was accepted by the Maharaja. The instrument also clearly laid down that nothing in the instrument shall be deemed to commit the state in any way to the acceptance of any future Constitution of India. The instrument of accession may be read here.

This instrument accepted only a limited number of matters — Defence, External Affairs, Communications — with respect to which the Indian legislature could make laws for J&K. This special relationship of J&K found its reflection in Article 370 of the Indian Constitution which laid down that notwithstanding anything in the Constitution, the powers of Parliament to make laws for the state shall be limited to those matters in the Union List and the Concurrent List, which, in consultation with the government of the state, are declared by the President to correspond to matters specified in the Instrument of Accession, and such other matters in the said lists with the concurrence of the state the President may by order specify.

Thus by virtue of Article 370 Parliament can legislate for J&K on matters other than those mentioned in the instrument but only after obtaining the concurrence of the state of J&K (emphasis supplied). Thus J&K has special status, unlike the other states in India where Parliament can legislate on its own on subjects mentioned in the Union and concurrent lists. Whatever is critical to note it that today almost all subjects in the Union and Concurrent lists have been extended to J & K completely eroding the substance of the Article.

Legal luminary AG Noorani in his book Article 370: A Constitutional History of Jammu and Kashmir documents how the Article was tampered to the extent that only husk has been left. Noorani’s book mentions the first “unfortunate breach” by N Gopalaswamy Ayyangar on October 16, 1949, in unilaterally altering the draft agreed to with Sheikh Abdullah and Mirza Afzal Beg. If the original agreed-upon draft had been approved, the ouster of Sheikh Abdullah later in 1953 would have been impossible.
 

Myth
 

It was only at its genesis that Article 370 gave the Union government jurisdiction only over three subjects—defence, foreign policy and communications. Over the decades, this has changed: 94 of the 97 entries in the Union list and 26 of the 47 entries in the concurrent list were extended to J&K. So were 260 of the 395 Articles of the Indian Constitution. Subsequent presidential orders further ‘eroded’ the original substance of the Article. Today, it is a mere husk of the original seed.

It is no doubt true that Article 370(3) provides that the President may by notification declare that this article shall cease to be operative, but the proviso clearly lays down a limitation that the recommendation of the Constituent Assembly of the state shall be necessary before the President issues such a notification. It is not disputed that the Constituent Assembly of J&K has never given any such recommendation. In that view Article 370 cannot be withdrawn by Parliament purporting to exercise the power of amendment given by Article 368. That the power to amend the Constitution is not totally unfettered admits of no disputes vide the famous case of Keshvanand Bharthi, (1973) in which the Supreme Court held that a “Constitution like ours contains certain features which are so essential that they cannot be changed or destroyed”.

There is also nothing very special in laying this limitation in Article 370. Even Article 368 limits the power of Parliament to make any amendment to the Constitution which would result in a change in any of the lists in the Seventh Schedule; such amendment shall also require to be ratified by the legislatures of not less than half of the states.
 

Myth 2: J & K is the Only State with Special Status
 

Under our Constitution the Governors are only formal heads of state and have no powers at all in the administration of the state which is vested in the Cabinet. But yet by the Constitution Amendment Act 1956, Article 371 provides for a special responsibility of the Governor for the establishment of separate development boards for Saurashtra and Kutch (in Gujarat) and Vidharba in Maharashtra for an equitable allocation of funds for the development of the area. No objection by the BJP has been raised which curtails the power of Gujarat Chief Minister Modi, while there is not such limitation on the chief ministers in other states!

Land Ownership Restricted and Protected in Mizoram

Article 371-G, introduced by the 55th Constitution Amendment Act 1986, provides that no Act of Parliament in respect of the ownership and transfer of land shall apply to the state of Mizoram unless the legislative assembly of Mizoram by a resolution so decides. This provision is identical to Article 370 of the Constitution regarding J & K. The BJP was a party to the above amendment.

Why then do the RSS and why does the BJP apply double standards between the cases of Mizoram and in the case of the Muslim majority state of J & K? Is it because J & K is the only state that has  a Muslim majority?
 

Myth No 3 about Article 370: It prevents Indians from buying land in Kashmir
 

That prohibition is a holdover from Dogra times. Besides, other states have similar restrictions.

Among the foremost grievances against Article 370 of the Indian Constitution, which grants special autonomous status to Jammu and Kashmir, is the impression that it prevents Indians from buying land in the state. That is not true. While the Article does give the state a “special status”, it says nothing about land. As it turns out, the prohibition against outsiders buying land in Kashmir was introduced by the Dogras who bought the territory from the British in 1846 under the Treaty of Amritsar.
 

Article 370 Status Reduced in the Case of J & K Over Time
 

Article 370 eroded over time, has, in fact reduced the Status of J & K as compared to Other States. Jammu and Kashmir has been relegated to a status inferior even to other states.
 

Examples:

·      Parliament had to amend the Constitution four times to extend the President’s Rule imposed in Punjab. In the case of Jammu and Kashmir, the same was accomplished, from 1990 to 1996, by mere executive orders under Article 370. The Article was also freely used not only to amend the Constitution of India but also of the state. On July 23, 1975, an order was made debarring the state legislature from amending the state Constitution on matters in respect of the governor, the election commission and even “the composition” of the Upper House, the Legislative Council.

·      On July 30, 1986, the President made an order under Article 370, extending to Kashmir Article 249 of the Constitution in order to empower Parliament to legislate even on a matter in the state list on the strength of a Rajya Sabha resolution. Ironically, concurrence to this was given by the Centre’s own appointee, governor Jagmohan. Former law secretary of J&K, GA Lone described how the “manipulation” was done “in a single day” against his advice and “in the absence of a Council of Ministers”.
 

·      When May 1996 Parliamentary elections in the state — the first since 1989 — were marred by the boycott call by separatists and coercive voting, the central government offered a bait to the lone mainstream party — the National Conference — to participate in the assembly polls. The NC leader Dr Farooq Abdullah, cooling his heels in London, was adamant in seeking Constitutional changes before committing to take the plunge into the electoral process. His hesitation stemmed from the famous “sky is the limit” observation of Prime Minister PV Narasimha Rao from Burkina Faso to underline that any kind of future arrangement for Kashmir could be discussed. What changed?

A year earlier in 1994, Dr Abdullah was part of a delegation to Geneva to persuade Iran to drop the Organisation of Islamic Countries (OIC) resolution at the UN Commission on Human Rights (UNCHR), later rechristened as Human Rights Council, condemning India for human rights violations in Kashmir. The resolution, with UNCHR approval, was to be referred to the UN Security Council for initiating economic sanctions and other punitive measures against India. (Privately, Dr Abdullah says, he had been offered restoration of Constitutional arrangement that existed prior to 1953. A euphemism for greater autonomy in lieu of saving India from possible disgrace at a time when the country had mortgaged its gold reserves. Dr Abdullah was however, persuaded by Rao’s successor Deve Gowda to participate in the October 1996 assembly elections on the assurance that he was free to pursue legislative process to seek changes in the Constitutional relationship between Srinagar and New Delhi. )
 

State Autonomy and Federalism
 

Even in the USA such is the width of state autonomy that an advocate getting his law degree from Washington University cannot as a matter of right practice in the state of New York. No one has suggested that this is endangering the unity of the USA.

Recently in the election fever even the Congress seems to have got entrapped when it gave an election promise to separate Ladakh from the territory of J&K and even give it a separate legislative assembly. This is a provocative suggestion, which can only inflame the sentiments of people of J&K against India, apart from the fact that it is not legally possible because the J&K legislature will never give its consent, as provided by Article 370.

It needs to be appreciated that the retention of Article 370 is a matter of self-respect and honour and an assertion of their distinct identity for the people of J&K. Can’t the BJP leaders, even when most of the parties in J&K are desirous of finding a lasting solution, be statesmen enough to give up their opposition to Article 370, which no Kashmiri can possibly agree to abrogate because it is a matter of preserving his special identity?

Faced with this reality, politicians must realise that all talk of abrogation of Article 370 is moonshine and a non-issue. It is also a very sensitive matter touching the credibility of our secular professions and the justifiable fears of the minorities. With all this, when it is also patent that the abrogation of Article 370 is not legally and constitutionally possible, is there any moral, political or logical justification to keep up this empty noise?

In other words, if Article 370 is abrogated, then it will have to be replaced by a similar article. Otherwise, abrogation would require renegotiating the terms of accession, which may open up the issue of accession itself, and would certainly permit the introduction of new terms. Are the people of the state and India willing to reopen the accession issue and terms? Have their representatives considered what could be put in place instead, not to mention, ever discussed it?

Much water has flowed since then. The argument that Article 370 constitutes a psychological barrier between the governing elite in Delhi and the Kashmiri youths is a false one. The real problem lies in Kashmir’s history of rigged elections and foisting unpopular Chief Ministers on the people. Delhi needs to address are these two areas of anxiety and suspicion — and not Article 370.

Most importantly, India, especially New Delhi needs to reach out to the youth of J&K, to persuade them that Article 370 is a ‘psychological barrier’ that must be dismantled to meet their aspirations. That persuasion must be directed to where it matters most: in the Valley. The sentiment there is that the country’s only Muslim-majority state must preserve what remains of its distinctive political and cultural identity and its territorial unity.

There are constitutional hurdles that the new government will also have to cross should it move to abrogate Article 370. A new constituent assembly will have to be formed to recommend the abrogation. (Given the majority of disaffected Kashmiri Muslims such an assembly will have, no such recommendation will be forthcoming.) Only then can the President of India issue a public notification to this effect. Parliament is well within its rights to amend this provision. But what if the Supreme Court rules that the special status accorded to J&K is a basic feature of the Constitution?

Article 370 cannot be abrogated or amended by taking recourse to the amending provisions of the Constitution. For, in relation to Kashmir, Article 368 has a proviso which says that no constitutional amendment “shall have effect in relation to the state of Jammu and Kashmir” unless applied by Order of the President, that requires the concurrence of the state government and ratification by its Constituent Assembly. With the Assembly’s dispersal on November 17, 1956, after adopting the Constitution of Jammu and Kashmir, there is no authority left to recommend its abrogation.
 

Jitender Singh’s initiative will open a Pandora’s box. It will give a fillip to secessionist forces in the Valley, increase Pakistan-supported terrorist activities and, no less serious, internationalise the Kashmir issue. And this at a time when Pakistan has begun to send signals that it is prepared to move away from its entrenched stand on this intractable problem.
 

370 Then and Now

1. In its pristine form, Article 370 of the Indian Constitution had given J&K the constitutional right to have its own separate Constitution, its own prime minister, its own president and its own national flag. The residuary powers were vested with the state assembly and not the Parliament of India.

2. The residents or state subjects of J&K were not citizens of India and the entry of Indian nationals into J&K was restric­ted. The goods from India had to pass through a customs barrier by paying import duties. The people of J&K were not obliged to uphold the integrity and sovereignty of India.

3. The Supreme Court’s jurisdiction was restricted only to Article 131 dealing with disputes between the Union and the states. In all other matters, the apex court was given only appellate jurisdiction.

4. The J&K government had complete, exclusive control over all the taxes. The I-T department of J&K was free from all central controls. There was no ‘financial integration’ between J&K and India.  

5. To put it simply, J&K was a sovereign within India having an agreement on three matters—defence, foreign affairs and communication—with the government of India.
6. None of this holds true now. Over the years, the privileges have been overridden by various constitutional orders issued by the president of India.

7. Article 370 is now just a husk; the seed has been long taken out. Out of the total number of 395 articles of the Indian Constitution, 260 have been applied to the J&K Constitution. The remaining 135 are identical to the Indian Constitution. So there are no real privile­ges or protections. In other words, Article 370, even though it is there, has been made irrelevant. Yet, it is important! Why?

8. The answer to this comes from the most unlikely of people, Mr Narendra Modi! As the chief minister of Gujarat, Modi in his Republic day message, wrote, “A country such as ours cannot survive without a vibrant and functional federal structure. Sitting in New Delhi, the Centre may not always be able to do justice to the potential and needs of various states.” Article 370 is exactly about tilting the existing power balance in favour of J&K, which is a state within the Union.

9. In an obvious reference to the appointment of the governor and the Lokpal, Modi wrote, “Chief ministers are not consulted on crucial appointments. Rather, app­ointments are being thrust down, violating the spirit of the laws of the land.” Article 370 prevents exactly this from happening in the case of J&K.

10. Further, Modi has been lamenting the fact that the “Sarkaria Commission, which called for consultation between the states and the Centre on the concurrent list, hasn’t seen the light of day”. Again, Article 370 makes it obligatory on the Centre to seek concurrence of the state on matters of the concurrent list.

11. Modi was also in the forefront in criticising the Centre for not discussing the Communal Violence Bill or the NCTC with the states. The benefit of Article 370 in the case of J&K is that even if the Centre passes these laws, they will require the concurrence of the state legislative assembly to be applicable. So the last word rests with the J&K state!

12. For its detractors, Article 370 is a hindrance to beneficial legislations like the Right to Education, which are not automatically applicable to J&K. This is a fallacious argument; all these can be easily extended as other laws have been over time.

13. Unlike Article 371, sub-clause (a to g), which gives North-eastern states constitutio­nal protection on the ownership of land, Art­icle 370 doesn’t do that for J&K. The restriction on ‘outsiders’ buying and selling land in J&K is because of a state law promulgated in 1929 by the Dogra maharaja of the state.

14. To put it on its head, the emaciated Article 370 may well provide PM Modi with the framework for a new federal structure that he had been advocating as Gujarat CM.

15. For what was a “sovereign within a nation” has been over the years, wittingly or unwittingly, converted into a model for a country aspiring to have genuine cooperative federalism. As such, far from abrogation, it may serve as the basis of a model for other states.

16. The benefit of Article 370 has been to make J&K a politically empowered state, an inclusive economy, an identity- conscious society. The single biggest benefit of Article 370 to the people of J&K is the radical restructuring of agrarian relations. It is not well recognised that the land reforms carried out in J&K have been possible only because of Article 370.

 As such, the current controversy on Article 370 is completely mindless; it’s only giving a lifeline to the otherwise thoroughly corrupt and compromised political forces. There is no need to abrogate as there is nothing left to abrogate!

18. To borrow a medical analogy, Article 370 is to India what the appendix is to the human body. As long as it’s left alone, one can live with it forever. The moment it gets inflated or infected, it needs surgical attention! Or it will burst, end­anger life. Better to leave it alone, especially as it isn’t infected.

Footnote:

The acrimonious relations between Srinagar and New Delhi — going beyond this controversial Article — are historically beset with broken promises and lack of trust, which often manifest in violent outbursts.

The Article 370 was negotiated as a temporary provision because until the 1960s, the Government of India’s stated policy was to conduct a plebiscite to determine the future of Jammu and Kashmir. Accordingly, a Government of India sponsored White Paper on Jammu and Kashmir in 1948, authored by Sardar Vallabhbhai Patel, recorded: “In accepting the accession, the Government of India made it clear that they would regard it as purely provisional until such time as the will of the people of the State could be ascertained.” The Constituent Assembly debates show both Patel and Syama Prasad Mookerjee had fully approved Article 370, which accords special status to Jammu and Kashmir.
 

Jammu and Kashmir is the only state in the Union of India, which negotiated the terms of its membership with the Union. The ruler of Jammu and Kashmir had acceded to India by an Instrument of Accession on October 26, 1947, in respect of only three subjects — defence, foreign affairs and communications. A schedule listed precisely 16 topics under these heads plus four others (elections to Union legislature and the like). Clause 5 said that the Instrument could not be altered without the state’s consent.

Therefore, Article 370 was a solemn compact — with neither side mandated to amend or abrogate it unilaterally — except in accordance with the terms of that provision. While all the provisions of Indian Constitution were debated in the Constituent Assembly after deliberations in its Drafting Committee, Article 370 was discussed for five months by Nehru and his colleagues including Sheikh Abdullah, then Prime Minister of J&K.
 

References:

1.     (By Justice Rajindar Sachar, 20 May, 2014, http://www.countercurrents.org/sachar200514.htm)Justice Rajindar Sachar is a former Chief Justice of the Delhi High Court. He was a member of United Nations Sub-Commission on the Promotion and Protection of Human Rights. He chaired the Sachar Committee, constituted by the Government of India, which submitted a much debated report on the social, economic and educational status of Muslims in India

2.     http://scroll.in/article/665862, Parvaiz Bukhari ,Myth No 1 about Article 370: It prevents Indians from buying land in Kashmir

3.     http://epaper.dnaindia.com/story.aspx?id=65225&boxid=19585&ed_date=2014-06-02&ed_code=820009&ed_page=8, 02JUN2014, Iftikhar Gilani ,History of broken promises

4.     http://www.outlookindia.com/article/Open-The-Pandoras-Box-At-Your-Own-Peril/290898

Dileep Padgaonkar, Open The Pandora’s Box At Your Own Peril, OUTLOOK

5.     http://www.outlookindia.com/article/The-Appendix-370/290902, Haseeb A. Drabu, Article 370 is just an emaciated husk now, best left well alone, Drabu an economist and ex-chairman, J&K Bank

Read More here

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The protest was organised to meet the demands of the deceased, BhanubhaiVankar’s family. Their demands included allotment of land, action against the guilty officials and formation of a special investigation team to probe his death. A member of the Rashtriya Dalit AdhikarManch,Vankar has set himself on fire on February 15, 2018 protesting against the apathy of the Gujarat government towards demands of land for two Dalit labourers. The labourers alleged that the authorities refused to regularize the land allotment despite collecting Rs. 22,236 in 2013. This  struggle for land, on for several months, had met with no response from the government. Vankar’s body was taken to the Sola Civil Hospital for the post-mortem and it was lying there for two days. His family collected his body only today after the Gujarat administration gave a written assurance to the family that their demands would be fulfilled as per a report by PTI.

Image Courtesy: Indian Express

As a response to Bhanu Vankar’s death, Mevani and other leaders from Dalit community in Gujarat had given a call for a Bandh in Ahmedabad and Gandhinagar. A peaceful rally was also announced from Sarangpur on February 18. The police refused to give permissions for the rally but the outraged citizens decided to go ahead with the peaceful protest.

As Mevani reached the site of protest at around 9 am on the morning of February 18, the police tried to forcefully detain him. A video that surfaced later showed the brutality (and uncouthness) with which the MLA was treated. JigneshMevani’s official twitter handle tweeted, “Is this a way to detain an elected MLA? If a legislator is in this condition, then think about any Dalit’s situation in Gujarat.

#BJPAgainstDalit”
https://twitter.com/twitter/statuses/965164954734260225

Media reports suggest that this is the second largest protest after protests broke out the aftermath of Una incident in July 2016. Apart from Jignesh, Patel Anamat Andolan Samiti leader Hardik Patel, Congress MLA Alpesh Thakor and Congress leader of the Opposition, Paresh Dhanani came together to support of Bhanuji’s family.

At a press conference held after the arrests, joint police commissioner (crime branch) J.K. Bhatt made the dubious claim that Mevani was misbehaving with officials and did not co-operate. The video showed however that Mevani’s agitation grew as he was being mis-treated. Mehul Manguben, a Dalit activist said, “We were protesting peacefully but the police used force in which two people got injured and have been hospitalized. The police it seems is working on the directive of the state government. If the government is so serious about our demands, why does it not issue a written directive or meet the family and assure them support. The ruling government wants us to end our protests so they do not face any embarrassment in the assembly session,”

The Una movement and Jignesh Mevani’s leadership along with many others brought once again to the fore, the issue of land rights as central to the question of caste annihilation. The community leaders demanded 5 acres of land for every landless Dalit family as per the Gujarat Land Ceiling Act. The movement popularised the slogan, “Gai ki dum aap rakho, humein hamari zameen de do (You can keep the cow’s tail, we want our land back)”

Another Dalit rights activist, Martin Mackwan said, “Of the 3.75 million acres of land to be distributed to Dalits and Tribals, only one-third of this land has been distributed in all these years. While a lot of this land is encroached, many Dalits who have got land entitlements are not getting possession and forced to work as labourers in their own fields. In Surendranagar district, we had to fight for eight years to get 6,000 acres of land for Dalits and it was only after the high court’s intervention that it was done”

The Budget session of the Gujarat assembly is scheduled to start on Monday. It is likely that the issue will create a lot of uproar. Moreover, the state of Gujarat has been in a constant state of turmoil for about 2-3 years now on the question of annihilation of caste and government’s inability to bridge the gap through policy measures is becoming more evident by the day. One can only hope that the state of affairs is likely to see a radical shift through people’s struggles and movements.

Related Articles:

1. Land to the Dalit Tiller, not to Tycoons is our Mission: Jignesh Mevani

2. How Hate BuildsAn account of speeches inciting hate in light of FIRs on Umar Khalid and Jignesh Mevani
3. The New Opposition at the Barricades Challenges Manuvaad & the Market
4. Dalit Freedom March, Azaadi Kooch to Continue even as Guj Govt Cancels Permission
 
 
 
 

The post Large Scale Protests Erupt across Gujarat after Dalit Man Immolates Self appeared first on SabrangIndia.

Image Courtesy: AFP

It was to protest the Patan district administration’s failure to regularise a piece of land he was allotted a few years ago, that he set himself on fire in the Collector Office in North Gujarat.Despite repeated visits to the district administration officials, his case did not move, which apparently distressed him to take an extreme step of ending his life.

His suicide is likely to trigger Statewide protests by the Dalit community and organisations working for the rights of Dalits and other marginalised sections in the State.“We have lost him. We hold the district administration responsible for his death. He was forced,” a relative said.

Earlier in the day, Gujarat Chief Minister Vijay Rupani ordered inquiry into the incident. “I have asked Chief Secretary to get all details of the incident after an inquiry,” Mr. Rupani said, adding, “the State government will also bear all medical expenses of Mr. Vankar, who is presently under treatment in Apollo hospital in Ahmedabad.”

Moreover, nine other Dalit men were detained by the police after they also tried to storm into the premises of the collectorate with the intention to commit suicide, and were later released.

“As many as nine people were detained briefly after they tried to storm into the office of the collector with the intention to commit suicide. They had expressed their intention to the Collector on a previous date and police were deployed in large numbers to prevent any such attempt,” a police official from Patan said.

“However, Banubhai Vankar from Unjha village managed to enter the Collector Office premises by jumping over the barricade and set himself on fire. He has been shifted to a hospital in Ahmedabad,” the official had said.

The incident has led to serial protests among Dalits in the State.A leading organisation Rashtriya Dalit Adhikar Manch, fighting for the rights of Dalits, gave a call for Patan bandh on February 16 to protest against the “administrative negligence” in the transfer of land to Dalits, “which forced a group to attempt suicide”. The bandh evoked mixed response in the North Gujarat town.

A prominent activist and Independent MLA Jignesh Mevani, who is also the convener of the Rashtriya Dalit Adhikar Manch, in a statement said it was a “matter of shame” for the BJP government that Dalits had to resort to extreme steps to fight for their rights in Gujarat.Mr. Mevani demanded suspension of the Collector and Superintendent of Police holding them responsible for driving the community members to take extreme steps to press for their rights.
 
 

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1. Decorating the branches . . .

Perusing the long list of developmental and welfare schemes meant for SCs and STs in Jhqrkand is like stepping into a dream-world. There are 49 schemes jointly undertaken by the central & state governments. This is apart from about 40 other schemes meant for the generalpopulation under the banner of rural development.

But the sad fact is most Dalit and Adivasi people do not have any knowledge about most of these schemes. Even the few schemes they have heard of and desire to avail their, benefits, they find it impossible to access.When they go to government offices they are treated with contempt and disrespect by the non-Adivasi officers. They come home disenchanted and try to carry on with the very limited resources they have. This type offunctioning of the bureaucracy at district and block levels is itself a violation of PESA Act which says “Gram Sabha shall be responsible for the identification and selection of persons as beneficiaries under the poverty alleviation and other programmes” [PESA 4.e.(ii)]. So the whole selection process of those chosen asbeneficiaries is both illegal and ultra vires.

The much The much spoken about SC Sub Plan [SCSP]and Tribal Sub Plan [TSP] are implemented half heartedly, the irony being big sums from these schemes are diverted for general schemes such as road construction, panchayat building, stadiums etc with the justification that SCs and STs also use these facilities!

Put briefly, the government's developmental & welfare schemes have not made any difference in terms of betterment to most of SC / ST people. What is the use of decorating the tree’s branches with schemes that are either not responding to their real needs or they are not accessible to them?
 

2. Cutting off the roots . . .

That means wholesale loot of adivasi land, and it has taken place in the following manner: (i)  land alienation and consequent displacement. From the time of independenceup to now a staggering 24 lakh acres of land has been forcibly acquired all in the name of development. Consequently, 17 lakh adivasis have been displaced. The sad fact is not a single adivasi person or community has ever been rehabilitated because it involves not only resettlement in another place of their choice but also social and cultural bonds preserved intact. Only a minimal cash compensation was thrust upon themand after that they were neatly forgotten.

(ii) CNT/SPT Acts amendments being forcibly enforced in Jharkhand is yet another blow to the Adivasi people insofar as it aims to transfer agricultural land for non-agricultural purposes. This implicitly means non-adivasis from within or without the country can acquire adivasi land for setting up commercial and business enterprises and govt can take agricultural land for infrastructural purposes. This is as good as finishing off this protective legislation. Happily there is wholesale resistance to this deceptive action of the govt and even the Governor has returned the bill asking the govt to re-consider this proposed legislation.

(iii) Land Bank is the most recent innovation to rob adivasi land from the back door. The govt proudly announced during the investors meeting in February this year that it has put together 21 lakh acres of land in Land Bank and therefore the investors will not have to face the problem of how to acquire land in Scheduled Areas.  It has now come to light the govt stealthily ear-marked the ‘Commons’, namely the common facilities of the village community such as ponds, cattle-grazing grounds, roads, places of religious worship, burial grounds, rivulets and even rivers as part of land bank! There is also private family land that is not cultivated but used for other needs that has also been included in land bank. And all this has been done without even informing and getting the consent of concerned families and communities. This action of the govt goes against constitutional and legal provisions.

(iv) Fake land-deeds alienating thousands of acres of adivasi land are being reported in the print media recently. More than 1000 such fake deeds during the past 16 years have been unearthed.[Prabhat Khabar, 19 June 2017]. Those who are guilty of doing this are mostly non-adivasi-outsiders who are very adept in bribing govt functionaries and make out the needed fake documents. So there is a collusion of govt officials, politicians, contractors, land brokers, middle men most of whom are non-adivasi-outsiders have been working overtime to cheat the simple adivasi and deprive him of his cherished natural resources. Can there be a greater injustice than this cruel game?

How long will the tree’s branches thrive when the roots have been severed?  What betterment will the adivasi people find through govt’s welfare schemes when land which is the source of their life is snatched away from them ?  The answer is obvious. No surprise, therefore, adivasi people are rising up in revolt against the forcible acquisition of their land by the govt.
 
The ground on which we stand is sacred ground.                                                      
It is the dust and blood of our ancestors.
– Chief Plenty Coups, Crow (1848 – 1932)
 
 

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On one year of Una-kand
Appeal from Jignesh Mevani, Coordinator, Rashtriya Dalit Adhikar Manch

Dalits, Muslims, Workers and farmers together shall judge the three years of Modi government and shall roar together again: “Gaay ki poonch tum rakho, hume hamari zameen do” (You keep the tail of your cow, give us our rightful land!)
Friends,

The coming 11th of July would mark the first anniversary of the historic Una struggle. Last year on the 11th of July Vashram Sarvaiya, his brother Ramesh and their cousins Ashok and Bechar were mercilessly lynched in front of the police station by so called “gau-rakshaks” who then even uploaded this barbarity proudly on social media which shook the world.

In this one year, such atrocities on Dalits and instances of violence perpetrated in the name of “gau-raksha” has only multiplied manifold while the perpetrators roam free with impunity. Una, Dadri, Latehar, Alwar, Saharapur, Pratapgarh – are all witness to the trail of blood left by the RSS/BJP’s path towards a Hindu India.
In this context, the manner in which the Dalits of Gujarat brought the Muslims and various progressive/democratic together last year, it has registered itself as a milestone in the history of Dalit resistance in this country. The manner in which the Dalits left the carcasses of dead cattle in front of the DM’s office in Surendranagar district, it created ripples across the country as a symbol of resistance and resilience against saffron terror. And then on 31stJuly in Ahmedabad 20,000 Dalits came together to take an oath in front of Babasaheb Ambedkar that they will no more do the task of skinning dead animals and instead the government should help them break free from such inter-generational caste-determined labour and they should be provided 5 acres of land each. This was followed by the historic Dalit Asmita Yatra from Ahmedabad to Una where thousands participated and exposed the farce of Modi’s slogan of “sabka saath sabka vikas”.
This movement also provided much needed energy and hope to lakhs of youth and progressive forces across the country. Not only did Dalits of several villages give up skinning dead cattle, but also they took possession of 300 acres of land that had been redistributed 26 years back. Today it is this struggle of both dignity and existence that the Rashtiya Dalit Adhikar Manch is taking forward.

We believe that Dalits in their fight for self-respect and existence, should leave their traditional labour and instead focus on land, government jobs and alternative livelihood and should revitalize themselves to march ahead and organize themselves along with the survivors of Dadri, Alwar and Latehar to initiate the second phase of the historic Una March.

With this objective we are calling upon all Dalits, Muslims, Workers and the unemployed youth of this country to join us in a march – Azaadi Koonch – from Mahsana district of North Gujarat to Banaskhada district to fight against not just the casteist forces and the gau rakshaks, but also the institutionalised murder of workers and farmers and the destitution of thousands of unemployed youth.

At this juncture we would also like to remind one and all about the broken promises made by the then Chief Minister Anandiben Patel last year on her visit to Mota Samadhiyala village after the lynching of Dalits. In fact the casteist Gujarat government did not even bother to challenge the interim bail granted to the accused. The drama-king Narendra Modi who also hails from Gujarat on the one hand calls himself an “Ambedkar bhakt” while on the other hand inspires his puppet government in Gujarat to adopt the Nagpur model of granting life imprisonment for cattle slaughter. Is this the lesson that he has chosen to learn from Una, Saharanpur or Rohith Vemula’s murder?

In this country two Dalits are killed every day with them largely being the victims of mob violence too. But the rulers today find it urgent to enact laws for protection of cows and not against lynching of human beings. Hence as part of Azaadi Koonch we would demand an effective law to address mob lynchings like Dadri or Una so as to punish the perpetrators.

This Azadi Koonch in its last phase shall reach Banaskantha and Rapar Tehsil where landless Dalits have received redistributed land, but only on paper, and where their lands are under dominant caste-hold. So the government basically wants to keep the Dalits landless and thereby force them to continue with manual scavenging, sweeping and cleaning. When corporate are given land, the possession is ensured overnight if required by force. But when it comes to the Dalits and the landless, then we see that more than a lakh of hectares of redistributed land still remain on paper since last forty years with no actual possession in the hands of the Dalits. The Azaadi Koonch shall end with taking possession over this land where the tricoulour shall be unfurled. This is what we mean by our real Azaadi.
Since the fight for land is also the fight for self-respect and freedom from economic exploitation, the Azaadi Koonch would reiterate the principles of annihilation of caste and eradication of economic slavery. We will take all of this into account so as to broaden our consciousness and also broaden the very definition of freedom.

We expect all justice-loving democratic citizen shall come forward and join us to make the Azaadi Koonch a success.    

Related Articles:

1. Land to the Dalit Tiller, not to Tycoons is our Mission: Jignesh Mevani

2. If the Cow is Your Mother, You Bury Her: Gujarat Dalits Cry Liberation

3. ‘Pratirodh’: Dalits from 10 Gujarat Villages unite to combat Caste Atrocities

The post One Year of Una: National call for “Azaadi Kooch” appeared first on SabrangIndia.

जिग्नेश मेवानी भारत के दलितों के लिए आर्थिक और सामाजिक न्याय सुनिश्चित  करने के लिए युवा अंबेडकरवादी संघर्ष का चेहरा बन चुके हैं। वह कहते हैं कि गुजरात में दलित आंदोलन ने राज्य और इसके बाहर इस तरह के संघर्षों की एक दिशा तय कर दी है।
 
जिग्नेश के नेतृत्व में निकले आजादी की ओर मार्च की दस मांगें-
  

• उना में दलितों के पिटाई के दोषियों के खिलाफ प्रिव्हेंशन ऑफ एंटी सोशल एक्ट लगे। ताकि वे जब जमानत पर रिहा तो उन्हें फिर गिरफ्तार किया जा सके। सभी आरोपियों को गिरफ्तार किया जाए।
• 11 जुलाई को दलित युवकों की पिटाई और अपमान में मिलीभगत रखनेवाले पुलिस अफसरों के खिलाफ आपराधिक साजिश और अत्याचार अधिनियम के तहत मामला चलाया जाएगा। 
• पिछले रविवार को 70-80 दलितों के खिलाफ शिकायतें दर्ज की गई हैं। सिर्फ ढोढका पुलिस ने 31 जुलाई को 43 ऐसे मामले दर्ज किए थे। सिर्फ इसलिए कि 31 जुलाई को ऐतिहासिक प्रदर्शन में इऩ लोगों ने हिस्सा लिया था। इनके खिलाफ दर्ज मामले तुरंत वापस लिए जाएं। 
• वर्ष 2012 में दलितों के शांतिपूर्ण आंदोलन (थांगड़, सुरेंद्रनगर) करने वाले दलितों पर एके 47 से गोलियां चलाने वाले पुलिस अफसरों के खिलाफ मामलों और मुदमों की सुनवाई तेज की जाए। इस मामले को चार साल हो गए लेकिन न तो जांच रिपोर्ट सार्वजनिक हुई है और न ही आरोपपत्र दाखिल हुए हैं। 
• दलित  अत्याचार निरोधक कानून के तहत स्पेशल कोर्ट गठित किए जाएं। कानूनन गुजरात के 25 जिलों में इन्हें लागू करना कानूनन अनिवार्य है। 
•  दलित अत्याचार निरोधक कानून की धारा 3 (1) (एफ) के तहत दलितों के पांच एकड़ जमीन देना जरूरी है। इसे पूरा किया जाए। 
• गुजरात के हर नगरपालिका और स्थानीय निकायों में काम करने वाले सफाई कर्मचारियों को छठे वेतन आयोग की तरह वेतन दिया जाए। 
• गुजरात में आरक्षण कानून तुरंत लागू किया जाए। गुजरात में आज की तारीख में रिजर्वेशन या अफर्मेटिव कदम कार्यपालिका की मर्जी पर निर्भर है।  इन्हें सरकार के रेज्यूलेशन और जनरल ऑर्डर पर तुरंत लागू किया जाए। 
• अनुसूचित जाति-जनजाति के लिए जो बजटीय आवंटन है उनका इस्तेमाल सिर्फ इन्हीं पर हो। आज की तारीख में इनके लिए गुजरात में जो फंड आवंटित होता है उन्हें डायवर्ट कर दिया जाता है। 
• गुजरात सरकार देश भर के दलितों के सामने डॉ बाबा साहेब अंबेडकर की उस किताब के उन अंशों को हटाने के लिए सार्वजनिक तौर पर माफी मांगे, जिनमें हिंदू धर्म के खिलाफ उनके क्रांतिकारी विचार थे और बौद्ध धर्म की दीक्षा लेने के लिए उन्होंने 22 सूत्रीय शपथ ली थी।  

आधिकारिक आंकड़ों के मुताबिक 2010 से 2014 के बीच गुजरात में दलितों के खिलाफ अत्याचार में 44 फीसदी की बढ़ोतरी हुई है। 2014 में देश में दलितों के खिलाफ अत्याचार के 47,064 मामलों में 30 फीसदी सिर्फ बीजेपी शासित राज्यों यानी राजस्थान, मध्य प्रदेश, गुजरात और छत्तीसगढ़ में हुए हैं।
 
पिछले कुछ सप्ताहों में बजरंग दल के कार्यकर्ताओं ने कांग्रेस शासित प्रदेश कर्नाटक में दलितों की पिटाई की। गुजरात और महाराष्ट्र में भी दलितों की पिटाई हुई। नीतीश कुमार शासित बिहार में उन पर पेशाब किया गया। लखनऊ और गुजरात में गोरक्षकों का अत्याचार जारी है।
 
आजादी कूच मार्च की कुछ अन्य मांगें इस तरह हैं-
 ♦ वनाधिकार कानून के तहत जमीन के लिए आदिवासियों की ओर से गुजरात सरकार को दिए गए 1,20,000 आवेदनों के आधार पर तुरंत जमीन का आवंटन हो।
 ♦ गुजरात में दलित आत्मरक्षा  के हथियारों के लाइसेंस मांग रहे हैं। दलित खुद को सुरक्षित महसूस नहीं करते।उन पर हमले होते हैं। लिहाजा उन्हें हथियार लाइसेंस देने में तेजी अपनाई जाए।
♦ दलितों को मार्शल आर्ट, जूडो कराटे सिखाने के लिए तालीम सेंटर (ट्रेनिंग सेंटर) खोले जाएं। अन्य समुदायों और जातियों की तरह ही उनके लिए खेल महाकुंभ आयोजित किए जाएं।
 ♦ दलितों के लिए स्मार्ट सेंटर खोले जाएं ताकि वे सामाजिक भेदभाव से बच सके और दूरदराज इलाके में न रहें। वे भी नारंगपुरा के पॉश इलाकों में रह सकें।
 ♦ नरेंद्र मोदी के स्टार्ट अप इंडिया में दलितोंके लिए खास आर्थिक प्रावधान हों। इसके तहत दलितों का पुनर्वास किया जाए।
 
  
 
 

The post कारोबारियों को नहीं दलित जोतदारों को जमीन दिलाना हमारा मिशन – जिग्नेश मेवानी appeared first on SabrangIndia.

On July 11, 2016, four young Dalits were publicly flogged and paraded around in Una in broad daylight, for skinning a dead cow. The most inhuman kind of torture has been meted out to people on the pretext of cow protection, and the perpetrators in their bravado have uploaded the brutal acts on social media with impunity. Vigilante Hindutva groups acting in the name of cow protection clearly had no idea what they were getting into. Their actions sparked widespread protests in the state which transformed into a movement for Dalit rights. A movement that aspires to liberate Dalits from jobs like disposing of the carcasses of dead cattle and manual scavenging; and ensure land rights, alternative jobs and basic dignity of life. On July 31, at a Dalit Maha Sammelan in Ahmedabad, thousands of Dalits pledged to stop picking up carcasses and give up occupations like manual scavenging. It also led to the formation of the Una Dalit Atyachar Ladat Samiti to seek justice for the victims of the brutal attack in Una.

Shortly after, on August 5, the Dalit Asmita Yatra was flagged off from Ahmedabad and travelled over 400 kilometres through different villages of Gujarat. Pledges were taken in village after village to shun the traditional caste-based occupations of manual scavenging, cleaning sewer lines and skinning or disposing of dead cattle. The ten-day yatra culminated in the Azadi Kooch at Una on Independence Day. The Una protest and Dalit Asmita Rally are a historic response to attacks on Dalit lives, dignity and livelihood. They have seen an unprecedented unity of purpose with different individuals and progressive groups coming out in solidarity with this unique protest.

The Modani Model and Reality
Narendra Modi and his team have worked overtime to build the myth of a “Gujarat model” as one of inclusiveness, virtually an El Dorado – a place of fabulous wealth and opportunity. In reality what operates is what the people of Gujarat describe as the “Modani model”, with an abundance of opportunities for corporate loot at the expense of the masses. It also gives a free hand to communal and casteist forces for the unbridled implementation of their divisive Hindutva agenda. The Scheduled Castes or the Dalits make up 7.1% of the total population of Gujarat; among them, landlessness, unemployment and poverty are rampant. Lakhs of acres of land have been given to corporate houses like Adani, Ambani, Tata and the like, while the people continue to remain landless. There are more than 55,000 manual scavengers in Gujarat according to a study by the Navsarjan Trust.

What we saw on our trip to Una from Ahmedabad were signs of extreme poverty. A few of the Dalit children we spoke to mentioned that they faced extreme discrimination even at school, and were even forced to clean toilets. Very few Dalits had managed to find alternative employment and give up what they called traditionally imposed “dirty jobs”. Some of them reported that they were going to Mumbai, Kerala and even Lakshwadeep in search of menial jobs in painting, carpentry and in the construction sector, as life was much better there. There has been much hype about the “world class” roads of Gujarat. We found far too many potholes in the Modani model of development. It took us ten hours to cover the 350-kilometre distance from Ahmedabad to Una. Attacks on Muslims and Dalits by vigilante groups in the name of “gau raksha” (cow protection) have increased since the Narendra Modi-led BJP government assumed power at the centre. Incidents of public flogging, force-feeding cow-dung, stripping and parading Dalit victims have come to light. BJP governments, at the centre and in various states, have implicitly endorsed the violence by either refusing to take action against the culprits, or even explicitly glorifying them. Different Hindutva groups and vigilante “gau rakshaks” (cow protectors) are perpetrating such acts which dehumanise certain communities and are an assault on their basic dignity. "Sabka Saath Sabka Vikas" is a hollow slogan for the Dalits, who have not seen any improvement in their economic condition, only an increase in brutality and violence. It was the pent-up anger against growing oppression that we saw emerging in this Dalit movement.

The Dalit Asmita Rally
When we set out to Una as part of the Dalit Asmita Rally and the Azadi Kooch under the banner of the Una Dalit Atyachar Ladat Samiti, we were clear that it was an act of solidarity with a struggle led by the most oppressed sections of society. Solidarity actions to coincide with the Una programme were held in different states. On August 13 we heard reports that a bike rally seeking to mobilise for the Azadi Kooch was attacked by "upper-caste" Darbars at a village called Samter in Gir Somnath District. On August 14 the Dalit Asmita Rally had begun marching towards Una. We left from Una to join the rally but were stopped some way from Samter by a violent mob armed with weapons and stones which had blocked the road using vehicles and boulders. They also assaulted journalists from Dalit Camera and Two Circles.

It was a well-planned mobilisation seeking to disrupt the march. The police were mute spectators. Armed men in motorbikes and motorbike-drawn carts tried to create an atmosphere of fear. That evening, more reports reached us of attacks on people coming to the Azadi Kooch, some of whom had to be hospitalised. The threats and attacks by "gau rakshaks" only helped steel our resolve and bring more people into the streets in open defiance. The march reached Una by evening, taking an alternative route. We met the members at their camp and marched shoulder to shoulder in solidarity with them throughout Una. Dalit Shoshan Mukti Manch activists from Gujarat and Maharashtra were present in good numbers. We found that a few comrades from the Tamilnadu Untouchability Eradication Front and the Progressive Writers’ Association had come of their own initiative. The Students’ Federation of India was represented by a few activists from Gujarat and the Hyderabad Central University. Kisan Sabha, Trade Union and AIDWA representatives were also part of the march.

The march through Una raised spirits. Slogans of "Jai Bhim" and calls to fulfil the dreams of Babasaheb Ambedkar, and against Narendra Modi and the BJP government were raised. The most popular slogan, however, was “Keep the Cow’s Tail; Give Us Our Land”. The August 15 Azadi Kooch had an electrifying atmosphere. Thousands gathered in open defiance of all threats and attacks. Young Dalits and women formed the bulk of the mobilisation. The young leader of the movement, Jignesh Mevani, read out a pledge to give up occupations like disposing of cattle carcasses and manual scavenging, and demanded alternative employment as well as five acres of land to all Dalit families. He also called for a Rail Roko if the government failed to accede to the demand for land. Radhika Vemula, Rohith Vemula's mother, hoisted the tricolour and called for a struggle for Azadi from all kinds of oppression. JNUSU President Kanhaiya Kumar also addressed the meeting.

The villagers of Mota Samdhiyala, including the victims of the attack by "gau rakshaks", were forced to sit on a dharna at the Una Police Station, demanding action be taken against armed gangs threatening and attacking people. On Independence Day they sought protection to live in their villages and homes in peace. We interacted with the victims of the flogging and their families and could sense the pervasive feeling of fear. The culprits move around scot-free even as poor Dalit families are forced to live like refugees amidst intimidation and an atmosphere of fear. A Dalit leader alleged that his vehicle was fired at. Filmmaker Anand Patwardhan, a few journalists and I along with Vikram, General Secretary, SFI, and social activist Mujahid Nafees were present with them till they were escorted away under police protection. Later the "gau rakshaks" and Darbars attacked the Dalit protesters and destroyed some vehicles. As we crossed Samter, where opponents of the Una rally were concentrated, we could smell what seemed like teargas. Ambulances and police vehicles crisscrossed us with their sirens blaring. Numerous police personnel were reported injured in their attack and hospitalised. The armed goons stopped our bus looking for rally participants, but eventually let us pass. A little later the driver assured us we were in the "Safe Zone". All this on Independence Day!

What does Una hold for the future?
Is Una the Rosa Parks moment in the history of Dalit struggle against caste oppression? The answer is an emphatic “No”. The movement could well be much more if taken to its logical conclusion, as the issues involved are far-reaching. Rosa Parks transformed a single act of defiance into a defining moment for the modern American civil rights movement. Her act of defiance was against an unfair segregation law which forced black passengers to give up their seat to any white passenger who needed one. She was not the first to refuse: two other black women had previously been arrested on similar charges. Likewise in India, there have been protests against caste oppression and manual scavenging even before Una. However, by the sheer nature of what it seeks to overturn this movement could well inspire and spark off a nation-wide movement which could have an impact even more far-reaching than Rosa Parks's act of defiance. To realise its potential, it must seize the opportunity, and organise and rally around all progressive sections in solidarity with the struggle. Una could have a cascading impact and come to be counted among the historic struggles against caste oppression that have become part of folklore. History beckons us to build the broadest possible unity and take the message of Una to all parts of India, so as to organise and build a movement that will forever put an end to caste oppression.

First published in Bodhi Commons ; republished here in Newsclick.in with minor changes.
(Vijoo Krishnan is an academic and political activist. He has been President of the Jawaharlal Nehru University Students’ Union; at present he is Joint Secretary of the All India Kisan Sabha and a member of the Central Committee of the Communist Party of India (Marxist))
 

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A major plank of young Jignesh Mevani, widely projected as the new Dalit icon of Gujarat, is that the state government should provide five acres of land to each Dalit family, and it should part of the solution to rehabilitate those doing the despicable job of manually scavenging of dead cattle. The view apparently stems from the understanding that agriculture is a respectable profession, and can certainly provide a good livelihood option. Mevani has threatened, in case five acres land is not offered by September 15, he would launch a “rail roko” agitation.

Trained as a lawyer under late Mukul Sinha, a well-known Gujarat High Court advocate who shot into prominence for his tough counter-questions to those who appeared before the Nanavati-Shah Commission of inquiry into Gujarat riots, Mevani’s “passion” for land is not new. It existed five years ago, too, when I first met him in the Times of India office in Gandhinagar. He had told me how most of the land, which had been rendered surplus under the Gujarat Agricultural Land Ceiling Act, 1960, hadn’t been “handed over” to the Dalits.

A couple of months back, talking in the same strain, Mevani, a hardcore city dweller, told me on the sidelines of a land rights meet, that a Gujarat government affidavit before the High Court had claimed, it wasn’t “physically possible” for the state revenue department officials to survey the land that hadn’t been handed over to the Dalits. “I would like to meet the state revenue secretary in Gandhinagar to find out why is the state government so indifferent”, he seemed to plead.

I don’t know if he could meet the top official, but, clearly, he wasn’t speaking in the air. I knew: Based on a information (RTI) plea, he had found out last year how there was an “extremely tardy” progress in the allocation of surplus land to the landless. Records with him showed the Gujarat government, in all, had “acquired” 1,63,808 acres of land. Of this, he estimated, quoting official sources, nearly 70,000 acres was “under dispute” with the revenue tribunal or in courts, yet there were 15,519 acres on which “there is no dispute”; yet this land hasn’t been handed over to the landless.

Be that as it may, a major question that has for long puzzled me is, how could land become a panacea  for Dalits’ and other other marginalized communities’ ills? Wasn’t there much truth in Niti Aayog vice-chairman Arvind Panagariya’s view that the share of agriculture in the GDP is just about 15 per cent, while half of the workforce is dependent on it? This contradiction, he believes, is a major reason why the rural people are poorer than the other half, employed in industry and services. And this, he thinks, is the main reason why, in the longer run, “the potential of agriculture to bring prosperity to a vast population remains limited.”

I approached Prof Ghanshyam Shah, a well-known social scientist, who has been studying the marginalized communities of Gujarat for several decades, to know if land could be a solution of the Dalit problem. Pointing towards the demographic shift of Dalits in Gujarat, Prof Shah told me, “The urge for land is mainly Dalits in rural areas mainly of the Saurashtra region, and not entire Gujarat”, he told me, adding, “Nearly all of them are either landless workers or marginal farmers.”

Elucidating, he said, “I was looking at the data. They suggest that the proportion of Dalits living in rural areas in Saurashtra remains high compared to the state average. However, it just the opposite in the rest of Gujarat. In fact, a a higher than the overall proportion of Dalits lives urban areas of the rest of Gujarat.”

“The urban Dalits face a different set of problems than rural Dalits. Even the proportion of atrocities on Dalits is pretty high in the Saurashtra region and other rural areas”, he said, adding, “A peep into the data of atrocities against Dalits showed this quite clearly.” Indeed,  the districts and areas which have been declared “sensitive” from the Dalit atrocities angle are mainly rural – Ahmedabad (Rural), Vadodara (Rural), Rajkot (rural),and  nearly most of the Saurashtra region and Kutch.

Interestingly, it is not just the agitators who view agriculture and allied sectors are the panacea for the marginalized communities. The view is equally strong among traditional economists. They do agree, for instance, that agriculture contributes less than 20 per cent of the Gujarat economy, down from 50 per cent during 1970s; yet they insist that agriculture is the “backbone of the economy” because  because more than half of the working population is dependent on agricultural activities for their livelihood! Hence the “solution”: Priority should be given to agriculture in order to reduce poverty and malnutrition and for inclusive growth.

This is just contrary to what the available surveys suggest. One of them is by the Centre for the Study of Developing Societies (CSDS), Delhi, which finds that, given an employment opportunity, 61 per cent of India’s farmers would like to “shift” to cities, with 50 per cent of farmers said they are “ready to quit farming” if such a possibility arises.

Conducted in 2013-14 in 274 villages spread over 137 districts of 18 Indian states, including Gujarat, and based on interview with 8,220 individuals, 20 per cent of whom are Dalits, the survey report says, “When farmers were asked whether they want their children to settle in the city, as many as 60 per cent said they want their children to settle in the city. Another 14 per cent do not want their children to settle in the city, whereas 19 per cent said they will prefer their children’s choice on this matter.”

Pointing out that better education was cited as a major reason why farmers want their children to settle in cities, followed by better facilities, and employment opportunities, the study says,  “When asked whether they would like to see their children engaging in farming, only 18 per cent responded positively, 36 per cent said they do not want their children to continue farming as their occupation, and 37 per cent said they will prefer their children’s choice.”

The study underlines, “The sentiment that their children should not continue farming is strongest among landless and small farmers (39 per cent) and weakest among large farmers (28 per cent)” — a big proportion of whom are Dalits. The study adds, in a separate interview with youths from farmer households, “60 per cent said that they would prefer to do some other jobs, whereas only 20 per cent said they would continue farming.”

Ironically, it is no other than BR Ambedkar – in whose name most Dalit leaders (including Mevani) are never tired of swearing for any and every issue – who exhorted Dalits to flee villages and move to cities in order to escape caste shackle. Ambedkar wrote,  “What is a village but a sink of localism, a den of ignorance, narrow-mindedness and communalism?”

Intelligent Dalit intellectuals are found to have taken a cue from Ambedkar on the land issue. They say, land cannot be the panacea for Dalits’ fight against “oppression”. Senior Dalit intellectual Ratan Lal of the Delhi University, says land can at best be only be a “small part in the overall fight”, insisting, the main focus should be right to equal participation in public life, government and private sector. He says, Ambedkar termed villages “feudal bastions.”

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