The Hindu July 23, 1998
DALITS EXEMPTED FROM LAND REGULATION
By Our Special Correspondent
HYDERABAD , July:
A far-reaching decision of exempting dalit families, owning up to 2.5 acres of wet or five acres of dry land in eh Agency Areas of the State, from the provisions of land Transfer Regulation 1 of 1970 was taken today. This Regulation prohibits alienation of land from the Scheduled Tribes to any other person in the State. A broad agreement to this effect was reached at a meeting the Chief Minister, Mr. N. ChandrababuNaidu. Had with floor leaders of Opposition parties.
The Chief Minister is expected to make a statement in the Assembly tomorrow, explaining this decision, as also the decision to maintain law and order in the Agency areas, and to ensure status quo with regard to non-dalit families having pattas to lands in the scheduled areas. The Government agreed t conduct a survey to assess the validity of these pattas.
The Regulation 1 of 1970 has a chequer3ed history. Alienation of land was prohibited in the earlier Regulations of 1917 and 1959 also, but the 1970 Regulation has a "presumption" clause, to the effect that "any immovable property situated in he Agency tracts and in possession f a person who is not a member of Scheduled tribes, is presumed to have acquired it by transfer from and ST". This presumption clause was introduced because of ht Government's experience that vast extent of land in scheduled areas have passed on to non-tribal landlords despite several regulations protection the tribals interests.
While he ws Chief Minister, Dr. M. Channna Reddy promulgated a Government order on August, 13, 1979 , saying that non-tribal landholders owning up to 10 acres of dry or five acres of wet land shall not be evicted under the provisions of the land Transfer Regulations. This GO was struck down by the High Court on he ground that an amendment cannot be against the spirit of the original regulation. Subsequently in1988 when N.T. Rama Rao was Chief Minster, he also convened an all-party meeting in which a similar decision was taken but at that time social activists, intervening on behalf of tribal interests, stalled any amendment to the LTR. Regulation 1 of 1970 has to be amended first by the Tribal. Council, consisting of all MLAs belonging to the Scheduled Tribes, followed by a Presidential Order. The state Assembly has no role to play in approving such an amendment.
There have been clashes in he scheduled areas of West Godavari and Khammam districts in recent months, with tribals attacking non-tribal landholders in occupation of land in the Agency areas. An organisation called Sakti did commendable work in the tribal areas of West Godavari district by digging out land records pertaining to the period 1930-35 showing that the ands, at present in possession of non-tribal landholders of about 80 villages in Jangareddigudem area, originally belonged to tribals.
The tribals then sent petitions to the District Collector, who is the Agency designated to take action under Land Transfer Regulations, and when that Agent started eviction proceedings, eh landholders went to the High Court and got stays orders on the basis of he 1979 GO which was defunct
The mood of the MLA belonging to the Congress, the CPI, the CPM (M), the BJP, among others today, was the small and marginal farmer families belonging to he Scheduled Caste and Backward Classes should be exempted from the LTR. Mr. Puvvada Nageswara Rao, leaders of the CPI, said that there was a broad consensus that a poor farmer belonging to Scheduled Castes of a washer men or barber community should not be evicted under the LTR
The issue figured in the Assembly yesterday because the Opposition gave notice of a motion to discuss the violence in Agency areas of West Godavari district, where tribals attacked a coconut garden belonging to non-tribals attacked a coconut garden belonging to non-tribals farmers, saying that they had no legal right over the land. The Chief Minister, Mr. Chandrababu Naidu said it was a snsitiv3e issue" requiring a decision at an all-party meeting, as a consequence of which the meeting as a consequence of which the meeting was held today at the Chief Mister's chambers in the Assembly. |