INDIA: Adivasi community unable to grow food, asserts their right to land in Maharashtra

Update on Urgent Appeals: UA-35-2003: Two hundred Adivasis made homeless over land rights; UP-32-2003: Enquiry into the shooting of Adivasis in 2001; UP-34-2003: Landless people stand firm against continuing government attacks; UP-40-2003: Hunger strike of Adivasis calling for right to land and UP-13-2004: Please send a letter to the Chief Minister of Maharashtra calling for right to land for Adivasi people

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information concerning a previous case of adivasis (indigenous people) made homeless by the Maharashtra State Farming Corporation (MSFC). On July 21, 2003 two hundred huts and more than one thousand acres of crops belonging to adivasis were destroyed by MSFC employees and police. The adivasis had been living on the land for several decades and were in the process of fighting for their legal rights to this land. Instead, the men, women and children of the area were rendered homeless.

In 1961, the Maharashtra Agricultural Land (Ceiling on Holdings) Act was passed whereby the MSFC had the right to cultivate this land. However, years later the land had been left unoccupied, and the adivasis moved in, staking a legal claim to the area. The adivasi community has been engaged in fighting for their right to this land for the past two years. This had included withstanding attacks on their community and false accusations and imprisonment by police as well as engaging in protests and hunger strikes. The community has now decided to make immediate repairs on their former homes in order to rebuild their community again. There is fear that the government will try to halt the work or worse yet, register false accusations against the community in order to hold them in jail, thereby also halting the restoration. 

The AHRC urges you to write to the Chief Minister and other related officials asking them to not interfere with the renovations the community has begun so that the adivasis can have homes and land to cultivate crops. Further, please also stress that the registration of false accusations against the adivasis in order to delay the work is unacceptable.

Urgent Appeals Desk=Hunger Alert
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
The following detailed account, written by John P. Abraham, explains the food crisis that has resulted from the demolition two years ago and the strategy the adivasi group will now take in order to assert ownership of the land. 

Food Crisis: The last of the huts were destroyed in January 2005 by the Maharashtra. State Farming Corporation (MSFC) employees. Since the crops and huts of the adivasis were destroyed in the previous cropping season, the adivasis had to look for their livelihoods elsewhere. The MSFC employees took advantage of this and destroyed the majority of huts while the adivasis were working outside the area. The community was unable to put up the huts again because they were busy working as cultivators in other fields. This was not the case earlier, before the corporation destroyed over 1,000 acres of their farming land. Previously the adivasis could easily provide foodstuff for their entire community with their own food stuff. During this season however, only 16 people could cultivate their land. Further, the crop supply was under frequent threats by officials, and once by police. However, the adivasis managed to protect their crop.

Strategy: Despite the work in the fields for their livelihoods, the adivasis found time to get their records in order. Around 250 applications were filed before the Tahasildar (Sub-district head) at Rahata Taluka (sub-district) in the Ahmednagar District asking him to do a spot verification of the adivasis?occupations as well as the remnants of the huts and remaining crops that could be cultivated. The Tahasildar referred the matter to the Thalati (village revenue officer) and ordered him to take the necessary steps.

The Thalatis in both the Puntamba and Shingva villages were using various tactics to delay taking action. The officials always responded to the adivasi’s request to investigate the matter by delaying until the next week. The officials were often heard saying, “We will do it next week or will give you the dates at a later time? The Thalati at Shingva now says that he can do it only in the month of August, or in other words, after the next sowing season is over. The adivasis in Shingva are deeply agitated by this and have decided to take matters into their own hands. Some of their crops are still standing. They are in the process of repairing their huts and within a few days they should be sitting in front of the office to demand for the panchnama (inquest to claim title to the land).

Meanwhile, the Thalati at Puntamba called the adivasis on Tuesday April 12, 2005 to give the date of the inquest. If a date is confirmed, then the agitation of Shingva will be more intense. Therefore, the adivasis are waiting to see what is likely to happen at Puntamba.

Huts: In the week starting April 11, 2005 the adivasis will begin repairing their huts. Since many were staying on the outskirts of the earlier occupied lands after the demolition, practically nothing remains in the fields. By Monday, about 8 huts will be completed in Puntamba. Within the following week, 100 more should also be finished. The adivasis are eager to see the responses of the MSFC officials after this first experiment. Around 200 huts should be standing within a fortnight. Many adivasis have migrated to far away brick kilns outside the area. They will only return to the land by the end of May and repairs on their huts will take place then. If the Panchama (inquest) takes place before then, these migrants will leave their work in the brick kilns to return home.

BACKGROUND INFORMATION:

Please see the following links for further details regarding this case:

1.   ?lt;a href=”/ua/mainfile.php/2004/494″>UA-35-2003: Two hundred Adivasis made homeless over land rights 
2.   ?lt;a href=”/ua/mainfile.php/2004/552″>UP-32-2003: Enquiry into the shooting of Adivasis in 2001 
3.   ?lt;a href=”/ua/mainfile.php/2004/554″>UP-34-2003: Landless people stand firm against continuing government attacks 
4.   ?lt;a href=”/ua/mainfile.php/2004/560″>UP-40-2003: Hunger strike of Adivasis calling for right to land 
5.   ?lt;a href=”/ua/mainfile.php/2004/642/”>UP-13-2004: Please send a letter to the Chief Minister of Maharashtra calling for right to land for Adivasi people
SUGGESTED ACTION:

The AHRC urges you to write to the Chief Minister and other related officials asking them to not interfere with the renovations the community has begun so that the adivasis can have homes and land to cultivate crops. Further, please also stress that the registration of false accusations against the adivasis in order to delay the work is unacceptable.
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