Life and Livelihood in Santal Parganas: Does the Right to a Livelihood Really Exist?

Author(s): Nitya Rao

Source: Economic and Political Weekly , Sep. 27 - Oct. 3, 2003, Vol. 38, No. 39 (Sep. 27 -
Oct. 3, 2003), pp. 4081-4084
Published by: Economic and Political Weekly

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 Commentary

forest, irrigation and grazing rights, and

JHARKHAND listed the number of houses and ploughs.
The task of distributing the land and fixing

Life and Livelihood the rent payable amongst the 'raiyats'

(cultivators) was left to the headman.
With the stability of tenure and fixity

in Santal Parganas
of rent provided by this settlement, occu-
pancy and cultivating rights became valu-
able. Gradually, to overcome the usury
laws and the restriction on interest rates,
Does the Right to a Livelihood Really Exist? peasants started repaying debts with their
land. Transfer of substantial parts of the
paddy-growing lowlands followed, from
The formation of Jharkhand state came after decades of collective Santals to non-Santals.2 Regulation II of
struggle around issues of tribal identity, socio-economic 1886 followed to stop all land transfers.
exploitation and land alienation. Unfortunately the Vision 2010 Sales stopped, but transfers continued in
other forms, with mahajans, in connivance
document for the state outlining a policy focusing on with the police and civil administration,
commercialisation, export orientation and market development in getting a foothold in many villages.
agriculture and industry, has meant that acquisition of land has During the 1874-75 famine, a Santal
headman, 'bhagirath', started a no-rent
become a priority state concern with little effort being made to movement, seized alienated lands and peti-
prevent tribal land alienation or ensure food security in the state. tioned local officials about their condition.3
In 1881, another faction of the Kherwars,
NITYA RAO Parganas. By 1845, the reports of Pontet,(as they were called), led by Dubia
Gossain, protested against the Census
the superintendent of the Santal Parganas,
T he UN decade of Indigenous Peoples to the commissioner, started reflecting survey operations [MacDougall 1985].
is drawing to a close. Tribal self- signs of growing oppression and discon- With adivasi solidarity threatened by
determination dominates the inter- the growing activities of the missionaries,
tent with existing policies, culminating in
national discourse. The indigenous June 1855 in an open rebellion, or 'hul'.migration to the plains of Bengal and the
peoples' movements, struggling for land The main targets were the 'mahajans', but tea gardens of Assam, and the increasing
and decolonisation, across the world, have there were complaints against police powers of the bureaucracy and courts,
had several victories. The Permanent Forum these leaders gave a call for religious
harassment, the railways and illegal ex-
forindigenous people has been constituted in tortions by the 'naib sezawals' or Indian
revitalisation. They sought to adapt tra-
the UN. The Samis in Norway have secur- officers [Datta 1988]. The enemies were ditional customs to the new circumstances
ed, after many years of struggle, their own clearly identified as 'sarkar, sahukar aur
- perceiving threat to their authority and
parliament [Todal 2003]. In India, the for- zamindar' (state, moneylender and land-
beliefs by the cultural dominance of both
mation of Jharkhand state in November lord) - or economic exploitation the Christians (political rulers) and the
2000, after decades of collective strugglelegitimised by the political superstructure
Hindus (economic exploiters). By the turn
[Guha 1983:27].
around issues of tribal identity, socio-eco- of the century, there was a resurgence of
nomic exploitation and land alienation, was The hul was suppressed ruthlessly, yettraditional institutions and their assertion
it succeeded in highlighting some ele-of control over land transactions.
regarded a sign of tribal self-determination.
The case of the Santhal Parganas, inments of exploitation and harassment of In 1898, in response to the demand for
Jharkhand, the site of many struggles the local people, leading to the formation revision of the settlement, McPherson was
against exploitation and land alienation, of the Santal Parganas district.1 The appointed as the settlement officer. For the
is examined here. These struggles repeat- government, unable to control and police first time individual rents were fixed,
edly emphasised the integration of re-these tracts, allowed some autonomy in though rent enhancements were restricted.
sources with social, cultural and politicalsystems of resource control and decision- Village lists recorded every holding and
institutions. The colonial and post-colo- making, conditional on regular revenue indicated the form of acquisition, be it
nial state responded with a combination payments. purchase, mortgage, sub-lease, gift or
of strategies: suppression of the revolts on Soon, rents were enhanced and money- reclamation [McPherson 1909:58]. A
the one hand, and legislation and devel- lenders manipulated courts to gain legal settlement court was instituted as the final
opment interventions to address the title over their debtors' possessions court of appeal for all objections. Contes-
people's grievances on the other. [MacDougall 1985]. Signs of resistance tation was widespread: more than 55,000
resurged. To avoid another 1855, the Santal objections and 5,000 appeals were filed.
Pargana Settlement Regulation III was This step significantly set up, for the first
passed in 1872. This sought to limit interest time, an alternative mechanism for dispute
Struggles Around Land
rates on credit to 24 per cent and restore resolution, distinct from the authority of
The Permanent Settlement of Bengal in headmen to their former positions. A land the 'majhi' and village council, thus offi-
1793 initiated the in roads of the English
survey and settlement followed that de- cially initiating a process of undermining
East India Company into the Santal marcated village boundaries, identified their real authority.

Economic and Political Weekly September 27, 2003 4081

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 Delayed by the War, the next settlement, it needs to be mentioned, that despite all Section 23 of the SPTA allows for the
initiated in 1922, was completed only in the protection and legislation, alienation exchange of raiyati land between two
1935 under Davies as settlement officer and transfers still continue, and are visible jamabandi raiyats5 for their mutual con-
and Gantzer as his assistant. In the Santal in almost all villages, particularly in the venience. This section has however been
Parganas, 62,787 objection suits and 5,528non-Damin areas. misused in consonance with section 20(v)6
appeals were filed during the settlement On August 2, 2000, the parliament to secure land titles by non-jamabandi
[Gantzer 1936], highlighting loopholes inapproved the bill for the reorganisationraiyats, of especially in semi-urban and peri-
the agrarian law that were being exploitedJharkhand as a separate State. The Bharatiya urban areas. 'Danpatras' (gift-deeds) are
by different interests, and the oppositionJanata Party (BJP) and its allies, rather made in favour of the transferee to circum-
to titling and demarcation. The Santalthan the Jharkhand parties, formed the first vent the provisions of the act.
Pargana Tenancy Act (SPTA), passed ingovernment in November 2000. SeveralIn the last three years, houses have rapidly
been built on three times the municipal
1949. more or less repeated the provisionspolicy directives in terms of land use and
of tenancy and inheritance recorded bycontrol have been issued and processes for areas of Dumka and Deogarh, all on non-
Gantzer. the liberalisation of the land legislation
transferable raiyati land. Poor people, in
initiated. Some of these policy measuresneed of money, have been pressurised to
Struggle for Jharkhand State are discussed in the context of people's
write danpatras or gift-deeds in favour of
aspirations in the next section. a third party, claiming them to be close
Despite the SPTA, in the 1950s the friends or kin. The deed claims to donate
exploitation by the mahajans, in collusionII some land to a needy and poor relative.
with the official machinery, increased. In SPTA versus Current Policies This document does not have legal validity
1966, a movement evocatively titled the as it violates section 20 of the SPTA, hence
hul Jharkhand (Jharkhand rebellion) was The Vision 2010documentforJharkhand potentially the land can be reclaimed by
launched in Dumka district. It aimed to
outlines the policy directions and empha-the owner at any time. The buyer therefore
release land and secure debt relief. Apart
ses of the new state. The focus is on offers a lower price for the land, due to
from 'dhan katai' (forcible harvesting), commercialisation, export orientation and
the risks involved in the insecure lease and
other direct action strategies included the the additional investment made for the
market development, both in the agricul-
non-repayment of loans, thefts of grain tural and industrial sectors. Dealingconstruction
with of a house. Land sharks pro-
from mahajans' fields and court cases. food security, inequities in resource liferate,
dis- taking over land at cheap rates and
Mass meetings were held, the word spreadtribution and control and destitution are 'selling' them for a profit.
through the district and so did the resis-
not clear priorities [Rao 2003]. And this is in fact the story in villages,
tance. In 1967 a coalition ministry wasTo support urbanisation and industrialsuch as Kadhadbil and Rasikpur that are
formed in Bihar with the support of the
development, the ability of the state andclose to urban centres like Dumka. Many
Communist Party of India (CPI). Though
other private enterprises to acquire land outsiders now reside in these villages, 95
it lasted only 11 months, circulars in
easily seems a priority. The land tenancyper cent of them on danpatras. They are
favour of the adivasis and the oppressed all employed in Dumka. In contrast, only
acts were seen as a barrier to this process.
were issued. Many mahajans fled the One of the first steps taken by the chief10-15 per cent of the original residents
minister was to appoint an all-party com-have such employment, the majority
villages, returning only when the move-
ment subsided. being engaged in agriculture and wage
mittee to review the SPTA and Chotanagpur
The hold of the mahajans, however,
Tenancy Act (CNTA) and make modifi- labour. About a third of the land in
continued in the arena of forest and water Kadhadbil has effectively now been sold,
cations, where necessary. In response to
at one fourth the real value, had the land
rights. After the hul Jharkhand, when the much opposition to such a move, however,
adivasis borrowed money, the mahajans, the committee has become more or less been saleable.
afraid now to mortgage in land, encour- non-functional. A few policies of the The lesson really is to recognise the
current changes and amend laws and
aged them to cut trees to repay debts. Most present government, focusing particularly
forests in the Santal Parganas were de- on issues relating to urban development, policies to ensure a fair deal to the poor,
particularly the adivasis, who constitute
stroyed in the 1970s, as reported by several mining and land restoration are outlined
people in the district. The 1980s also saw below and analysed in relation to how 41.5
farper cent of the population of Dumka
struggles over forest and water rights. they follow or contravene the provisions district and 32 per cent of the Santal
Father Antony Murmu in Borio Block of and spirit of the SPTA. Parganas. The Supreme Court's Samatha
Sahebganj district led a major one. He, The formation of Jharkhand state andjudgement
the notes that the purpose of special
along with 14 other adivasis, was shot in setting up of numerous administrativelaws and was to protect the adivasis from
police custody on April 19, 1985, in what professional institutions has enhancedmoneylenders
the and contractors. Hence if an
is known as the Banjhi massacre. demand for land. The only legal processamendment is needed in these special laws
The widespread movements in the Santal for acquiring land at present is under for the sake of urban/industrial develop-
the
Parganas and other parts of Jharkhand Land Acquisition Act 1894. The opinion ment, then the respective chief ministers
during the late 1960s and early 1970s led on the process of liberalising the SPTA should
to draft a policy for their state and then
to a spate of state actions and legislation. allow land transfers is however sharplyseek amendment from the parliament.
In 1969, the Bihar Scheduled Areas Regu- divided. While government officials, While non- there is no further discussion on
lation sought to control more strictly the adivasi professionals (including lawyers)amending the law, there is a rampant il-
illegal transfers of land, amending the and the parties in power clearly support legal process working against the interests
provisions of section 20(v) of the SPTA. a move to liberalise the legislation (seeing
of the adivasis. As some of the lawyers in
Soon after, the Bihar Moneylenders Act this as hampering 'development'), Dumka local said, "There is a lot of government
19744 and the Bihar Debt Relief Act, adivasis as well as poorer Hindusland andavailable, only 30 per cent of the land
1976, were passed. Perhaps to a larger Muslims, NGOs, adivasi professionalsisand
raiyati land, so why take that? Why can't
extent than the legislation, the movement the Jharkhandi political parties havethe
op-land that is not used for agriculture be
had some impact on the land question. Yet, posed it. used for other development purposes? Also,

4082 Economic and Political Weekly September 27. 2003

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if the government does need raiyati land recommendation of the gram sabha shallto be extracted from our fields, we will do
for urban development, then this should it ourselves when we are capable" [PUCL
be mandatory before granting of prospect-
be acquired under due process of law, withing licence, mining lease and other con- 2003:9]. The adivasis find their socio-
proper compensation rather than allowing cessions in respect of minor minerals.cultural It identity in land, apart from its
illegal private transactions". The Samathais also in consonance with the ILO Con- material value. Without land, they are
judgment provided a further option for vention 169 (1989) concerning the rights denied the right to live with dignity. Even
land use and development in scheduled and privileges of indigenous and tribal though the adivasis constitute only 8 per
areas, through cooperative societies of people7 (including consultation, compen- cent of the population of the country, they
adivasis. sation for damage and benefit-sharing). constitute 40 per cent of the displaced
The very existence of gram sabhas was [Fernandes and Thukral 1989:4], living
Settlement of Wastelands however denied by both government and precarious lives in urban slums or shunting
project officers. between different rural locations. Greater
and Forests
The government, to show that the issue attention is needed on the option suggested
Sections 27, 28, 33, 35, 36 and 41 of hadthe been discussed locally, held a meeting by the Samathajudgment, namely, to trans-
SPTA guide the settlement of wastelands, in Pakur in March 2003. Villagers from fer land to cooperative societies of adivasi
Gopikandar block of Dumka district
grazing lands, 'nalas', roads and othercom- people, to secure the benefits of 'devel-
mon property, now classified as mentioned 'gair that a bus was mobilised to take opment' without making them totally
mazarua aam'. This right is vested villagers
in the to Pakur for this meeting from destitute. And any rehabilitation package
village headman. It is however their being area too. Only one family - a man needs to consider the necessity of provid-
overlooked at present, as revealed throughand his two children - from the village I ing agricultural land to the displaced and
instances of legitimising land lease forwent to this meeting8 - they were not just homestead.
visited
mining. each given a watch, Rs 50 and food, and
The Pachwara coal-mining project in asked to sign a paper. This is now being Commitment to Restoration
Amrapara block of Pakur district exempli- shown as consent given by the adivasis to of Alienated Land?
fies the state's attitude towards adivasi the project.
rights to their resources. The central block I could not personally meet the project A stated priority of land reform in the
of the Pachwara project envisages 44 yearsmanager, but was told by a member of the Santal Parganas is distribution of surplus
of open cast mining to extract 289 millionPUCL team (which conducted an enquiry lands to the landless. A more critical
tonnes of coal, bringing the Jharkhand from February 25 to March 11,2003), that objective relates to the restoration of alien-
government an annual royalty of Rs 100 the officer representing the Punjab State ated land. The Jharkhand government has
crore. The mines would take over 640 Electricity Board, which has been granted put up a notice to this effect outside the
hectares of raiyati land, 360 hectares theof lease, had been promised CRPF sup- Treasury building in Dumka, offering
forestland and another 100 hectares of port, if necessary, to get the work started Rs 2,500 as legal aid and Rs 5,000 per acre
wasteland, grazing land and river. Com- [PUCL 2003:23]. as support for resuming agriculture on
pensation would be paid on a pro rata basis In response to the PUCL team pointing restored land. None of this money has been
as per calculations made under the LAA, out that such transfer of land was illegal sanctioned or distributed so far.
1894 amounting to Rs 50,000 for the firstu/s 20 and 41 of the SPTA, as well as As per government records, 3,132 cases
acre of land, Rs 30,000 for the next acrescontrary to the Samatha judgment, the DCwere filed up to 2001-02. 1952 cases were
and Rs 20,000 for land beyond three acres.of Pakur opined that it was "perfectly legal approved and 1,165 rejected. Only 15 cases
and necessary for development" [PUCL
It is stressed however that a person receiv- were carried over to 2002-03 and 3 new
ing compensation foregoes all claims2003:6].to cases filed in the current year. Of these,
employment and vice versa. In any case Following the Samatha judgment andseven have been resolved and 11 remain in
the directive of the National Commission balance. The DC (LR) admitted that infor-
eligibility for employment requires certain
for Scheduled Castes and Scheduled Tribes
qualifications. Not many of the local mation was a problem, however, as some
on this matter, the then divisional commis-lawyers mentioned to me, this is but an
adivasis are likely to be technically quali-
fied to work a mechanised mining opera- sioner of Santal Parganas division, wroteexcuse for inaction. If information on pulse
tion. The rehabilitation package includes to the advocate general, Jharkhand, on this polio can reach every village, then why
land for land only for the homestead matter.
and She was however soon transferred not on the movement for restoration of
not for agricultural land. Given the terms from her post. To quote: alienated land? Why are the revenue
of the SPTA, they will be unable to acquire From the documents enclosed it is appar- 'karamcharis', who have in-depth infor-
land elsewhere even if they received the ent that a perpetual and grave contempt of mation of every village, not given res-
compensation money. the Honourable Supreme Court Order dated ponsibility for collecting information on
Here the land acquisition notification11.07.1997...is being committed by notalienation?
has been issued as per the LAA, 1894. The following the clear and unambiguous order Field visits revealed a widespread prob-
gram sabha was not given any information of the Honourable Supreme Court andlem of land alienation. In eight villages of
prior to this nptification, even though Jama and Kathikund blocks, with the
therefore it is stated that all mining opera-
survey operations started in 1985. People tions in the Scheduled Areas of Santal support of an NGO (Agrarian Assistance
in the affected villages (nine revenueParganas Division especially those in the... Association) land alienation cases in-
villages covering 13 square kilometres in districts of Pakur and Sahebganj must be
volving a total of 231.5 bighas have been
the first phase currently underway) have
stopped forthwith (memo no 71/Res dated
taken up. Ramlal Kol of Titridangal
hence organised themselves and are 27.4.2001). village in Jama block filed RM case no
resisting the take-over of their land with- 372/2000-01 in the court of the SDO against
out proper discussion and rehabilitation. The villagers are not against the extrac-
Upen Mandal. The order was issued on
This is legitimate under Panchayati tion of minerals or development. A village
September 20, 2002, and it was only with
Raj Extension to Scheduled Areas Act, headman summed up, "We too believe the in support of the gram sabha and the
1996 (PESA) that envisages that the development. If at all the minerals have
NGO that he could take possession of his

Economic and Political Weekly September 27, 2003 4083

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land in early 2003. The alienation was Notes
long-standing, with the first case being
filed as RE case no 209/78-79. Despite an
1 The Act XXXVII of 1855 made this into a MANOHAR
separate district, removed from the operation of
eviction order passed by the then SDO on the general laws and regulations. It contained
July 16 1984, he could not reclaim his land MOUNTBATTEN'S REPORT ON
both the hilly Damin-i-Koh tracts (that include
due to threats of violence, his continued parts of Dumka, Godda, Pakur and Sahebganj THE LAST VICEROYALTY
indebtedness and the need for cash. He districts and were demarcated in 1832 as a
22 March-12 August 1947
must have been to the court more than 30 reserve area for the adivasis) and the plain lands
that were zamindari estates attached earlier to Lionel Cartel (ed)
times during this period, spending any-
Birbhum. 81-7304-516-X, 2003, 397p. Rs. 850
thing between Rs 30 and Rs 300 on each
2 In the annual report for 1882, the DC Oldham
trip. Court practices are beyond most observed that "the bazar traders of Dumka had DR. B.R. AMBEDKAR
people. The government offers of legal aid gradually absorbed all the Santal settlements in A Study in Just Society
are post-facto and do not consider how the the vicinity.. .and that a considerable portion of James Massey
poor will bear the expenses of prolonged the lands of cultivators...had passed into the
81-7304-523-2, 2003. 123p. Rs. 250
litigation. hands of creditors" [McPherson, 1909:45].
Take the example of the headman of a 3 For four years they didn't pay their rent, which NO STRINGS ATTACHED
village on the outskirts of Dumka: edu- got accumulated and finally they had to mortgage
India's Policies and Foreign Aid 1947-1966
their lands to the same dikus. Called the Sardar
cated with a petty government job. Yet Gilles Boqu6rat
he failed to reclaim his land, alienated movement in Chota Nagpur, Birsa Munda drew
much of his inspiration, content and format from 81-7304-513-5, 2003, 431p. Rs. 895
years ago, through the courts. Till 1994, this, and gave it a messianic form [Singh 1966].
he would regularly attend the hearings, 4 The government ordered all moneylenders to be THE COLLECTED WORKS OF
but it was a lot of expense. Finally, the registered and to provide a report of their LALA LAJPAT RAI
court or the lawyers, he is not sure, misled transactions including money due to them, within (Volume-2)
him. Different dates were given to the two 30 days. No reports were received. In fact most
B.R. Nanda
parties, and in his absence, the case was mahajans in the village destroyed their records.
5 Cultivators listed in the record of rights. 81-7304-517-8. 2003, 416p. Rs. 700
settled ex parte in favour of the other
6 This sub-section confers wide-ranging powers
party. Many adivasis reported that the INDIAN FEDERALISM IN THE
on the deputy commissioner far safeguarding
lawyers (a majority of them are non- the interests of the scheduled tribes [Prasad NEW MILLENNIUM
adivasis) take fees from them, yet work 1997]. B.D. Dua and M.P. Singh (eds)
against their interests, as they have in all 7 This has been ratified by 17 countries. India is
81-7304-502-X, 2003, 448p. Rs. 850
likelihood taken money from the other not one of them.
side too. If educated, relatively better off 8 People here were aware of what was happening TERRORISM POST 9/11
adivasis are unable to use legal processes in Pachwara and were united in their opposition
An Indian Perspective
and institutions in their favour, clearly it to the project.
P.R. Chari and Suba Chandran (eds)
is next to impossible for the poorest,
lacking both in time and monetary References 81-7304-510-0, 2003, 309p. Rs. 450
resources.
Datta, K (1988): The Santal Insurrection of 1855- SOCIAL AND POLITICAL CHANGE IN
The formation of Jharkhand led the 57, University of Calcutta, Calcutta. UTTAR PRADESH
Fernandes, W and E G Thukral, (eds) (1989):
adivasis to expect rapid changes in their
European Perspectives
favour. Unfortunately, this has not hap-Development, Displacement and Rehabilit-
pened. Many new policies are workingation, Indian Social Institute, New Delhi. Roger Jeffery and Jens Lerche (eds)

against the most marginal adivasis andGantzer,

in J F (1936): Final Report on the Revision 81-7304-500-3, 2003. 317p. Rs. 625
favour of the industrial and commercial Survey and Settlement Operations in the District
of Santal Parganas, 1922-35, Superintendent. BEYOND THE RHETORIC
classes. Politically aware, the people realiseGovernment Printing, Patna.
The Economics of India's Look East Policy
the need to voice their protest immedi- Guha, R (1983): Elementary Aspects of Peasant
ately, before they lose all rights to their Insurgency in Colonial India, Oxford Frederic Grare and Amitabh Mattoo (eds)

land and resources. For this, they have University Press, New Delhi. 81-7304-490-2, 2003, 240p. Rs. 500
built alliances with NGOs and people's
MacDougall, J (1985): Land or Religion? The VIOLENCE/NON-VIOLENCE
movements. Sardar and Kherwar Movements in Bihar,
1858-95, Manohar, New Delhi. Some Hindu Perspectives
Yet, the state response has caught them
McPherson, H (1909): Final Report on the Survey Denis Vidal, Gilles Tarabout and
unawares. The police and legal apparatus
and Settlement Operations in the District of Eric Meyer (eds)
have been used by the state to silence
Santhal Parganas, 1898-1907, Bengal
voices of protest rather than negotiating 81-7304-476-6, 2003, 328p. Rs. 650
Secretariat Book Depot, Calcutta.
with the poor and unarmed adivasis. TheB M (1997): Santal Parganas Tenancy
Prasad, POWER, POLITICS AND RURAL
media has reported many incidents of police
Manual, Patna, Malhotra Bros. DEVELOPMENT
firing on peaceful protest in the lastPUCL
three
Enquiry Report (2003): Pachwara
years in Ranchi and other parts of
Coalmining Project, Conducted by P A Chacko, Essays on India
Jharkhand. In the Santal Parganas thisAnant
has Hembrom, Md Rehman and B N G.K. Lieten
Upadhyaya.
not yet happened. But police cases have 81-7304-475-9, 2003. 284p. Rs. 575
Rao,both
been filed indiscriminately against N (2003). 'Vision 2010: Chasing Mirages'.
adivasi leaders and NGO activists, one Economic and Political Weekly, 38:18, - for our complete catalogue please write to us at:
still
pp 1755-58. M0- ;i':
languishing in jail. It is indeedSingh,
a sadK S (1966): The Dust-Storm andthe Hanging A __
commentary on our democracy if armed Mist, Firma and K L Mukhopadhyay, Kolkata. _ Ssag
forces and bullets have to be used by the
Todal, J, (2003): 'The Sami School System in
state to negotiate with poor adivasisNorway
the and International Cooperation'. * _ ~ .

use of their land. 3 Comparative Education, 39(2): 185-92.

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