INDIA: Police Inaction on Illegal Occupation of land belonging to Social Activist 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from reliable sources regarding denial of access to land granted by authorities to Rehana, a resident of Gangoh, Saharanpur District, Uttar Pradesh.

Rehana, a Muslim social activist was given about 9-1/2 bigha of land in 2001 for plantation under a lease agreement for 30 years, in Thola under Village Panchayat, Madhaupur by the Sub-Divisonal Magistrate, Gangoh in recognition of her social services.

However, some villagers namely of the powerful Thakur and Muslim community got together with the Dalits of the village and objected to this honour bestowed on Rehana namely because she is a woman. These villagers based their objections on the grounds that she was not a member of Madhaupur Panchayat, Thola,Gangoh and did not deserve to get this piece of land. They have now illegally occupied half her land and are harassing her so much so that she cannot even go near it anymore.

Rehana was also attacked by an unidentified person and received severe injuries. Though she eventually managed to file a case despite police reluctance, no action has been taken on this as yet.

We call for your urgent intervention in this case. Please send a letter to the Chairperson, National Women’s Commission asking her to take action against those villagers who have illegally occupied Rehana’s land and are harassing her. An investigation into the attack on Rehana should also be ordered immediately. Rehana should get back the land that is legally hers and be allowed to carry on with her environmental work as requested by the authorities who presented her with the land. She should also be provided security till the case is finally settled.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Ms Rehana Begum, 37 years old, Muslim, social activist, resident of Gangoh Sub-District, Saharanpur District, Uttar-Pradesh State, India
Alleged perpetrators:
1. Powerful Thakurs community and Muslim community in the Thola Behlolpur village, including Babla (son of Ratiya) and Omkar (son of Kirta)
2. Shiv Lal, son of Suratta, resident of Thola, Fatehpur, Gangoh, Uttar-Pradesh, India, belongs to Chamar community of Dalits (illegally occupied part of the victim’s land)
3. Vikram, son of Ghansyam, resident of Thola, Fatehpur, Gangoh, Uttar-Pradesh, India, belongs to Chamar community of Dalits (illegally occupied part of the victim’s land)
4. Sub-inspector Bhola Nath of the Titaroh Police station in Saharanpur (refused to file the victim’s complaint of attack on 13 December 2001)
Period of violation: from 2001 up to now
Case status: Illegal occupation of Rehana’s land and police inaction till date.

Case details:

In 2001,Rehana, belonging to the Muslim community, in recognition for her work in social services was given a piece of government land in village Thola, under Panchayat Madhaupur by the Sub-Divisional Magistrate (SDM) Gangoh, Saharanpur district, Uttar Pradesh. Under the agreement (Document number 1502 received on August 2, 2000 ) she was leased the land for 30 years and asked to plant trees to make it greener and create  environmental awareness, amongst the villagers of that area.

Unfortunately, certain members of the village community mainly the upper class Thakurs (Hindus) and Muslims objected to this grant of land mainly because Rehana was a woman. They approached the SDM to take the land back saying that Rehana did not belong to the Madhaupur Panchayat, Thola and therefore had no right to the land, but the SDM refused to do so. However, it is interesting to note that Rehana had contested for the village Panchayat elections, which she would not have been able to do if she did not belong to the village.

These villagers then got together with the Dalits of the village, namely the Chamar community in their quest to deny Rehana this piece of land. Shiv Lal, a dalit land grabber was brought into the picture and with the tacit agreement of the upper class landlords filed a case against Rehana. FIR no 142/2001 under section 394/506 of the Indian Penal code vide reciept no 633362 was filed at 9:05 am in Police station Titaroh. It is believed that the Dalits were brought into the picture to make the case against Rehana stronger by making it appear that the Dalits have been wronged and Rehana is the offender.

Rehana started receiving threats and on 13th December 2001,was attacked with a sharp weapon near her land by an unidentified man on a motorcycle. The man also snatched her bag containing Rs 3000 and several important papers .In the attack, Rehana received severe head injuries. She tried to lodge a complaint in Titaroh Police Station, Saharanpur but sub-inspector, Bhola Nath not only refused to do so but also made certain distasteful remarks. The case was eventually registered on 16 December but no action has been taken as yet. Rehana also approached the National Commission for Women but it is sad to note that they too were not of any assistance to her.

Rehana’s land is now illegally occupied by Babla, and Omkar, Dalit land grabbers who not only restrict her entry but also harass her in other ways. She claims that they have cut 8 of the trees she had planted. It is alleged that these land grabbers already possess large illegal lands.   Despite her complaints to the judicial authorities, nothing has been done to help Rehana claim her land back. On the other hand, on 24 March 2003, Mr Dhirender Pal, Senior District Collector, Revenue, Saharanpur issued an order, cancelling Rehana’s entitlement to the given land.  According to this order, because Rehana lives with her parents in Gangoh, she has no stand of her own in the village, implying that it is therefore not possible for her to own a piece of land.

However, the truth is that Rehana lives with her mother, her father having passed away some time ago and though she does not own a piece of land (the house in which she is living is in her father’s name) in Gangoh, her name has been verified in the village register and she very much belongs there.

It is also alleged that the government laws that the authorities are using to support this cancellation basically states that priority should be given to destitute, Dalits, widows etc. But is it not justified to also take into account that Rehana is a single woman fighting for the rights of many others like her?

The deep-rooted feudal system very much exists in many parts of India and it is the upper class landlords who are in positions of power. To have a woman from a minority community attain land is completely unacceptable to this traditional and feudalistic way of thinking. And hence the objection to Rehana’s achievement despite the fact that she is only trying to make the area greener and environmentally friendlier. However, it is impossible for Rehana to continue this fight on her own. She lacks monetary resources and has no support from her family who feel that their lives are endangered due to the involvement of the landlords who could go to any lengths to prove their points.

The AHRC therefore urges the government of India and the National Women’s Commission to look into this matter immediately so that Rehana is granted possession of the land that is rightfully hers. Those in illegal occupation of her land should be punished under the laws and Rehana should be provided security until the case is settled. An investigation into the attack on Rehana should also be ordered immediately and action should be taken against those behind this crime.

SUGGESTED ACTION:
Please send a letter to the following authorities asking them to investigate into this matter and ensure that Rehana gets back her land.

 

 

To support this case, please click here: SEND APPEAL LETTER