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Ranchi, Jharkhand, India
Jharkhand Alternative Development Forum (JADFO) is an informal association of the persons of the civil society engaged in the alternative development process in the state. It has representation from the people at the grassroots, social activists, NGOs, academicians, researchers, media persons and practitioners in the Small Scale Industries in Ranchi. Members S.N. Name 1. Dr. Ram Dayal Munda 2. Dr. B. P. Keshri 3. Sanjay Bosu Mullick 4. P.P. Verma 5. Alex Ekka 6. Kumar Sanjay 7. Bikash Singh 8. Ranjit Tibrewal 9. R.P. Shahi 10. Binod Poddar 11. Stan Lourduswamy 12. Vasvi Kiro 13. Xavier Kujur Contacts- 9835514004, 9973511442

Saturday, January 5, 2008

Glorious 100 years of CNT Act for strengthens the power of indigenous people on their land, forest and water rights


- Kumar Sanjay

Laws, acts, articles & provisions whatever had and have possible regards the protection of traditional rights of tribal communities, brought forth in the constitution, but the dismal truth is that these were never enacted honestly. The Chhota- Nagpur Tenancy Act-1908 and Santhal Pargana Tenancy Act-1912 are also the add in that, which prohibit the sale and transfer of tribal land to non tribals. But due the name of unexpected developments, the lands were snatched forcedly from the tribal. The constitutional rights, provisions for the Fifth scheduled Areas and the Extension of Panchayat Act- 1996 were never been implemented with the true spirit in the tribal regions. Off-course, the ruling elites always misused these laws for their own benefits.
Colonial rule and its accompanying commercialization affected tribal societies in a variety of ways. It strengthened penetration of tribal areas by the outsiders as moneylenders, traders, land grabbers, labour contractors, etc of the plains. It enforced alien concepts of private property. It forced sale of land out of sheer desperation of those in the vicious grip of debt. It ruthlessly exploited indigenous people as cheap indentured labourer. It led to alienation that was not just economic or material, but cultural, spiritual and community identity-related as well. ULGULAN by Birsa Munda was the culmination of a series of revolts in response, which forced the British to think back and devise some safeguards and protection for the indigenous people and forest based communities. And that resulted in the enactment of the Chhotanagpur Tenancy Act in 1908.
Chhotanagpur Tenancy Act (CNT) prohibits transfer of land to non-tribals and ensures community ownership and management rights of forest communities over Khuntkatti areas. In essence, the private forests under the zamindars (landlords) were reverted back to the Munda community. But, immediately after the independence, by dint of the Bihar Forest Act, 1948 (these areas of Jharkhand were within the State of Bihar till September 2000), the khuntkatti land was converted into private protected forests thereby depriving the Mundas of their ownership and management upon the forests. The entire land belonging to 600 villages was vested to the State Forest Department (FD). Although the subsequent Munda resistance forced the State Government to give back its land to the community. But, management still rested with the FD.
These include immediate restoration of tribal lands to the tribals from illegal occupation by landlords & land MAFIAS and other vested interests; not to dilute or exempt CNT, SPT Acts and Scheduled Areas Regulation; Replacement of 5th Schedule of the Constitution of India by 6th Schedule in 112 blocks in total 212 blocks in Jharkhand where 5th schedule and Scheduled Areas Regulation apply and establishment of elected Tribal Autonomous Council under 6th Schedule to protect the tribal land and other tribal interests; education in mother tongue including the tribal languages to begin with from primary education with establishment of schools and appointment of teachers; defense of central public sector units, which directly affects 60 per cent of 2.5 crore of people of Jharkhand and on whose economic activities the further economic development of Jharkhand depend; Rehabilitations, compensation and jobs to the largest number of displaced persons in Jharkhand compared to any other state in India due to mining and developmental activities protection and advancement of distinct tribal cultures and maintenance of communal amity; immediate Panchayat and local self bodies election etc. The charter also include the class and mass issue of the peasantry, agricultural workers, working class, women, youths, students and other toiling sections.
Ever since, history recalls ‘The Mundas’ and their other tribal brothers had been living in complete harmony along with themselves and nature, until the British set foot on their lands, and changed not only the rules of ‘Munda’ governance but also their culture to an extent that today their futures lie in the hangman’s balance.
The strict tribals rules were formulated under the light of their guiding star - ‘Sustainability’ – apparently an extinct term in the present development context. Which led to the sustainable development of the forest’s produce to support the livelihood of the dwellers. Seizing upon the opportunity to extract timber and other forest produces the colonial empire formulated ‘A forest department act in 1868 – inhibiting the tribal dependency on the forests, curtailing their pasture areas, collection of firewood, fodder, herbs, and other forest produce in commercially rich forest land. Whereas the Empire had the full rights over those potent areas. During 1893-4 all waste lands in villages, the ownership of which was vested in the Government, were constituted into protected forests under the Indian Forest Act VII of 1882
In Singhbhum as in Palamau and Manbhum the forest settlement operations were launched and measures were taken to determine the rights of the forest-dwelling communities. Villages in forests were marked off in blocks of convenient size consisting not only of village sites but also cultivable and waste lands insufficient for the needs of the khuntkatti villages. The Colonial interference brought with them countless adversaries of the tribal cultures… penetrating into their lifestyles, spirituality and even identity. Concepts alien to the tribals such as ownership of land, accumulation of wealth, money, power began cropping up.
Ulugan of Birsa Munda and his followers was a series of revolts against the forest department act.. forced the Colonial Empire to think back and lay down some safeguards and protection for the native people and forest communities consequential in the enactment of the Chotanagpur Tenancy Act in 1908.

Chotanagpur Tenancy Act (CNT) prohibits transfer of land to non-tribals and ensures community ownership and management rights of forest communities only over khuntkatti areas.
In essence, the private forests under the zamindars (landlords) were reverted back to the Munda community. But, immediately after the independence, by dint of the Bihar Forest Act, 1948 (this area of Jharkhand was within the State of Bihar till September 2000), the khuntkatti land was converted into private protected forests thereby depriving the Mundas of their ownership of and management to the forests. The entire land belonging to 600 villages was vested to the State Forest Department. Although the subsequent Munda resistance forced the State Government to give the community back its land management from the State Forest Department… the decision is awaited.
The next forty years was a story of loot and plunder of the forests in Jharkhand with active connivance of the FD officials and gradual alienation of the indigenous people from their forests. The primary forest cover was almost destroyed. The forest dependent indigenous community started asserting their rights over the forests. On many occasions the FD officials were not allowed to enter the forests and the villagers themselves initiated measures to save and regenerate forests. This movement was particularly strong in the khunkatti villages of Ranchi and West singhbhum forest .
Therefore, the forest communities in Jharkhand today, have decided to oppose and resist World Bank demanding:
a) restoration of the khuntkatti system;b) implementing the khuntkatti model in other forest areas of the State; andc) vesting the management of the forests to the gram sabha (lowest tier of the village self-governance model) in the indigenous Fifth Schedule Areas as per the Central Act of 1996 (extension of panchayati raj in scheduled areas).

Highlights of CNT Act 1908
11th November 1908

Passing of Chhotanagpur Tenancy Act

Section- 8.....The Mundari Khunkattidar is a Mundari, who has the right to hold jungle land. He is neither a Tenure Holder nor a Raiyat, but he is a tenant, a class in it.
Section- 3 (XI); 81(m); Khatiyan- Part II…..The community forest is a Jharkhand village, is a repository of the participatory culture of Jharkhand.
Section- 21 (A); 81(m)…..The nucleus of the Jharkhandi Community, providing into strength and energy, is the age old saying- "Fruits and flower for the whole village, Timber for the owner".
Section- 76…..This law of tenancy is tied down to the custom, usages and practices of the village concerned. Here, customary law prepares over the tenancy law.
Section- 3 (XIII)…..The wasteland of a village in Jharkhand, amongst the other community resources, is the key to the future development to that village. The village community has the first priority for any development activity on these G.M. lands.
Section- 81(I) (i) and (ii); 81(n)…..Rivers, lakes and hills dominate the geography of Jharkhand and, since there is life without water and no water without forests, so like the forests of Jharkhand, water is community property, first for the benefit of its people.
Section- 46; 47; 48…..This law of tenancy is the culmination of a long history of struggles between the concept of community ownership of resources- water, forests and the land- and individual ownership. Between democracy and feudalism. It protects agrarian relationships of all the people of Jharkhand, of all classes, castes and tribes. It is wrongly portrayed as a law for the protection only of the scheduled Tribe interests.
Section- 3(q) land Reforms Act 1950…..The Bhuinhari and Mundari Khuntkatti lands of Chhotanagpur have not bested in the Government as they are erupted from the provisions of the land reforms Act, for they are held in a collective of Bhuinhari or Mundari Khunkattidars. This theme of ownership of resources in a collective, in common, is the backbone of modern Panchayat laws.
Section – 76 …..Service Tenures known as Pahnai, Mahtoi, Mundari, Deshwali, Bhutkhata, Jaher, Sarna, Painbhora etc. in Jharkhand, form the basis of its ethos of SELF RULE. Therefore, self rule is our birth right. And this right has not been preserved and fought for from the Mughals and the feudal chiefs, but also from the British Raj. The Raj gave this region’s first written laws on agrarian relations, culminating in the Chhotanagpur Tenancy Act of 1908. Independent Indian gave these service lands constitutional recognition, making these communitarian lands the basis on which the Panchayat Raj System is based in the scheduled area of India.
Section – 49, Chhotanagpur Tenancy, section 53, Santhal Pargana Tenancy….. The Chhotanagpur and Santhal parganas tenancy laws are not only agrarian laws, but are also the thesis of development.

Tribal and indigenous people’s concept of land

Land , water & forest which togetherly constitute the surroundings in the nature are not only the traditional key sources of livelihood of the indigenous communities , but their culture , lifestyle , customs, rites-rituals, folkways and even their whole life vibrates accordingly . They worship these natural constituents and ecosystem’s surrounding bodies like the hill (Buru Bonga),the sun (Sing Bonga),village spirit (Hatu Bonga) as their gods and goddesses . Even they derive their identity by belonging to their respective tribes in special relationship with nature and resources like ekka(tortoise) , lakra(tiger) , xess(rice orpaddy) , kujur(a creeper) , panna(iron) , soreng(rock) , tete (a bird) . Therefore obviously, entering or interferences of the outer world in to their lives had and have affected all their traditional social, cultural and natural resources based economy & other natural establishments in very cruel manners. And very unpleasant that they are struggling to save their endangered existence in the capitalistic competitive neo-imperialistic world.

Truths of Tribal Women’s right on lands

As the socio-cultural anthropological history witnessed that the equal socio-cultural status of the male and female in the indigenous societies . At every scale both got the similar rights . But , the traditional & customary establishments got convulsed due to the cruel and exploited policies implemented forcedly by the government. As the long term result of this, the women’s position in the tribal culture and societies get diminished to a dismal low level .These lead to a very unpleasant and exploited status of women at all levels whether socio-cultural , political or family . The equal participation rights of the tribal women is now matter of history . Govt.’s anti-tribal Policies gave the opportunities to multi-national companies to come in India. In the mixed economy of India, these foreign companies made their strong existence and got the power to influence the direction of economy as they wanted. This resulted in large destruction of culture, traditions, customs, lives & life-styles of those peoples, whose economy & lives were completely dependent on Natural Resources. Industrial revolution came in Jharkhand and robbed all the natural resources from the Indigenous Peoples, who have only the rights for its consumption. Due to this, the traditional indigenous type agriculture and Handicraft based economy of Jharkhand gone totally in well. But, the mirage of total robbery of Natural Resources in Jharkhand is still continuing. For the establishment of industrial belts, the forest at many acres lands cut-down. The capturing of the lands of tribes is going on with more velocity after the making of new separate state Jharkhand. Acquisition of lands of tribal women is continuing for the establishment of Factories and Industries, for Dams, for National Parks & Sanctuaries, for Field Firing Range etc. The development is going on in the positive direction only for few peoples, but in the case of Jharkhandi Tribes, the developments are pushing them to the ancient. As the urbanization in the state is increasing, the landlessness of tribal women is also increasing with the same speed. We often see the incidents of deaths of poor women involved in coal thefts , due to the land-slides in coal-fields . Constitutionally , it may be the case of thefts , but , the big question is that , why the tribal women are involved in these types of illegal behaviours . Its answer is very simple –they have no any source of livelihood. They have lost their lands , they have no properties , they do not have their controls over forests . In such case , intellectuals can think that , what the ways tribal women have to travel on the journey of lives ? absolutely-Nothing . Then why they do not involve in the consumption (theft) of these resources, which were theirs own. Not only the coals, but , a number of various types of natural & mineral resources had been and have been taken from the tribal women forcedly . The culture & life styles of tribal women encountered with the disasters caused by these uncommon changes in the surroundings.

9 comments:

RP said...

Sanjay,

Nice bolg.
Please include Chandil Dam- Self Help Group- in detail on this blog.
We have taken some photographs and now trying ,
1. To get some fruit bearing trees planted( After training them) on the open land near dam- owned by displaced people.
2. Get some infrastructure developed within a month( Before tourist season starts)at the site- Like drinking water, sanitation, sheds, Kiosks for tea and eatables.
3.Approach Road from High way to Dam repaired.
4. Hoardings and proper advertisement materials developed and placed at proper places.

The group is coming to Palandu for selecting, consulting and taking away fruit bearing trees and high breed vagitable seeds.

Can you put a link to: http://groups.google.com/group/jagobharat

in this blog

R.P.Shahi

Unknown said...

Dear Sanjay,
I just went through this old blog about CNT ACT but i personally feel that this ACT requires amendments to safeguard the benefits of tribals in the current scenario.Ownership is one thing and to get benefits out of the land is another thing eg. one tribal cannot mortgage the land like another non tribals even to The Govt.agencies like bank etc to get loan for education or other financial needs like marriage, agriculture etc and till today they are forced to borrow from the moneylenders.one more thing i wanted to know about the demand of amendment over the ownership issue of a tribal women in ancestral properties.Please some body throw some light on recent amendments. I appreciate the efforts.
Thank you.
Areni kerketta
Stamford Connecticut
USA
areni.patel@yahoo.com
USA

GURU JEE SAYS said...

Sir i want to know about
SPT ACT....?
If You can .....
Corelate SPT & CNT act plz.
Nice to Read you
Thanks A lot
SUBODH
Dumka

GURU JEE SAYS said...

Sir i want to know about
SPT ACT....?
If You can .....
Corelate SPT & CNT act plz.
Nice to Read you
Thanks A lot
SUBODH
Dumka

Unknown said...

The big problem is government is not keen or willing to re solve this problem. Instead they are trying to play the vote bank politics by divide and rule policy among people. From the very beginning since the formation of state, politicians are trying to divide the people. The big problem, i would like to focus on that what will happen to those people who came and settled in Jharkhand from outside neighbored state. Who have purchased land and made their dream house. is it their fault who settled here with out knowing the consequences of settling here. When my father transferred here in Ranchi, he purchased the land and made a small house for our family and children without knowing the fact of TNC act. is it their fault or it is the fault of government of India, who get him transferred Ranchi and told him do their job , but don't get settled your family there because that of the TNC fact. is that What Government wanted? Definitely no.
The Government must consider why this law is not being fully implemented, because of it doesn't willing to cover all people. There is some loop hole in this 100 year old act. It fulfills the interest of partial population but don't cover all. The government must do reconsider for the people who settle there made this good state their home land. The act should be like that people love to follow the rule instead burden on them. After all this is democracy, leaders get elected by people, who can not be ignored, what the present leaderships is doing.

Shailendra said...

Whole issue is in total mess. Actually government want to keep as tribal for another 100 years so that their coming generations keep on getting votes from the tribals after fooling them. Unless and untill they sell their Property how they will get money? Government will keep on giving them food at 2 rs. per kg and their children will keep on dying after eating poisonous meals in school. Some backward class are economically very good because they were able to sell their properties and could utilise that in better way. We are not living in 1908 this is 2013 and no body is fool today at least if it comes to land and Assets creation.

Shailendra said...

Whole issue is in total mess. Actually government want to keep as tribal for another 100 years so that their coming generations keep on getting votes from the tribals after fooling them. Unless and untill they sell their Property how they will get money? Government will keep on giving them food at 2 rs. per kg and their children will keep on dying after eating poisonous meals in school. Some backward class are economically very good because they were able to sell their properties and could utilise that in better way. We are not living in 1908 this is 2013 and no body is fool today at least if it comes to land and Assets creation.

Unknown said...

Shailendra rai sir,
Its not like that if a person will not sell his property he will not get money. Do you know in Jharkhand we are having 32 schedule tribes and most of them use to do agriculture. And if you ask them to sell those fertile land then ultimately who is going to suffer.? In these 32 tribes 8 are Aboriginal tribes. They can only live in forest and if you want them to give their forest then think what is going to happen. I'm also from a backward class but neither my forefather nor i have not sold my lands to anyone. And we are economically strong. Yes we are not living in 1908 but we can not just forget our culture or traditions in this world. In Andaman there is a tribe nama zarawa who are trying to save our eco system. So i think they should cut down those forests and sell them as they are economically not strong. They should forget their culture and start eating pizza with those money which they earned by selling their forest. Do you know why this CNT act was implememted because tribles can't thing that much how other people thinks. They are innocent and everyone make them fool and capture their land.
The case of an Adivasi village “Tetulia” situated nearby the steel city Bokaro in Jharkhand is a typical example of land alienation through tricks and breach of the laws. 45 Santhal families had been living in the village. They were tricked into giving away their lands. Now the village has completely lost its identity and has come to be known as Bari Cooperative, where 250 posh buildings have replaced the mud houses of Adivasis. Some of the tribal land owners still live in mud houses outside of the cooperative area.

The ‘Bari Cooperative Society’ was established in 1980 by two property dealers, who approached the Adivasis with a proposal to establish a garment factory and promised them jobs apart from paying them Rs 1000 per acre for land. Thus, they acquired 50 acres of land from Adivasis in the name of Bari Cooperative but then backed on their promise.

Interestingly, the garment factory was closed within days and a posh colony was built and the houses were sold at the market rate to non-tribals. When the matter was brought out into light, the deputy commissioner of Bokaro investigated it in 2005 and discovered the violations of the CNT Act. However, no action followed. The displaced tribal families are without justice even after over three decades.

One of the victims, a 40 years old Pankisto Manjhi, says, “He had been given just 10 kg of rice for 3 acre of land”. Another 60 years old Fagu Manjhi, whose lost 1.27 acre of land was given a job of guard with monthly salary of Rs 800 but when the cooperative was closed he found himself left unemployed.

Similarly, Kari Manjhi who had 9.26 acres of land of which 4.24 acres were taken by the Bari Cooperative and 2.36 acres were captured, is now left with merely 2.66 acre land. He filed a case in Bokaro Civil Court against the Bari Cooperative in 2006 but nothing has happened.
Its very common that people use to think that how much fool they are they only know one thing ie to drink hadiya. No my friend tribles are not fool they are less developed than other. Around 300 years ago British were use to capture Indian peoples land at very cheap price even they capture their land. So British were right or wrong at that time.?

Shailendra said...

Nishant, I agree with you but not 100%. Whatever examples you have mentioned it may be true and no body can deny the fact that poor people have been fooled and definitely legal action should be taken to those people who have fooled them. But suppose if one poor or rich from other community have bought land from the CNT community what was their fault. People have got money it is not like somebody have forcibly took their land. It is not possible that anyone can buy land without other party consent's. Suppose I belong to CNT act and I have no other earning, My land is also of no use for cropping, now I need money to educate my children or for children Marriage or I have to build my house or I want to start my own business who will give me Money ?