Assam
Kheroni
,
Hawaipur
,
Karbi Anglong
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
10,000 people face eviction from tribal council land in Assam's Karbi Anglong
Reported by
Sarup Sinha
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
2086
Households affected
10000
People Affected
2024
Year started
2908
Land area affected
2086
Households affected
10000
People Affected
2024
Year started
2908
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In a move that has sparked tensions between the Karbi tribe and Hindi-speaking communities in Assam's Karbi Anglong areas, the Karbi Anglong Autonomous Council (KAAC) has served eviction notices to approximately 10,000 people accused of illegally settling on reserved grazing lands in the Sixth Scheduled districts of Karbi Anglong and West Karbi Anglong.
 
At the centre of contention are the Village Grazing Reserve (VGR) and Professional Grazing Reserve (PGR) lands, covering 7,184.7 acres. While the Karbi community calls for the eviction of illegal settlers from PGR and VGR lands to safeguard their lands and identity, Hindi-speaking communities demand the de-reservation of these grazing lands that will allow them to own legal titles.
 
The Hindi-speaking communities in Karbi Anglong primarily comprise the Nonias, a predominantly farming community from Uttar Pradesh and Bihar.
 
On 17 January 2024, Rachnatmak Nonia Sanyukta Sangh (RNSS), an RSS-backed organisation representing the Hindi-speaking community, submitted a memorandum to President Droupadi Murmu requesting the legalisation of their settlements on these grazing reserves.
 
Dharmendra Chauhan, national joint secretary of RNSS, told the media, "Our people have been in possession of PGR and VGR land for many decades."
 
The memorandum incited protests from Karbi students and civil society organisations such as the Karbi Students' Association, Karbi Nimso Chingthur Asong, and Autonomous State Demand Committee Youth Front, demanding the eviction of illegal encroachers from PGR and VGR lands in Hawaipur (West Karbi Anglong district) and Phuloni (Karbi Anglong district). They view the settlers as illegal occupants threatening Karbi lands and identity. 
 
"No one has been legally allotted land on these grazing lands, but settlers have been living there illegally. This is a Sixth Schedule land, and we have our own separate land rights. It is not a recent issue, but it has been going on for about a decade now," Karbi Students Association president Mirjeng Kro told The Indian Express.
 
On 15 February 2024, protests turned violent as members of the Hindi-speaking community allegedly assaulted some Karbi protesters. The scuffle, which triggered a near-shutdown in major towns, reportedly resulted in injuries to 11 persons and the arrest of 17 people.
 
Chandra Kanta Terang, President of the Autonomous State Demand Committee, was quoted as saying, "The Karbis were beaten up in their own home while trying to protect our ancestral land from outsiders."
 
In response to the protests, the Karbi Anglong Autonomous Council (KAAC), headed by Chief Executive Member Tuliram Ronghang, announced plans for eviction on 20 February 2024.
 
The KAAC draws its authority from the Sixth Schedule of the Indian Constitution, which grants them decision-making rights within their jurisdiction.
 
The KAAC has defended its decision to evict by citing a controversial 2011 Supreme Court order directing the public authorities to evict illegal occupants from grazing lands and restore them for public use.
 
Affected residents, who claim to have lived on the land for decades, expressed shock at the eviction notices despite prior assurances from the BJP state government. They possess documents proving residency; some are even included in the National Register of Citizens.

While the Assam government approved de-reservation proposals for other districts in 2023, the demand for "de-reservation" appears problematic due to Karbi Anglong's designation as an autonomous area, granted under the Sixth Schedule in 1976.

The situation is also linked with the political dynamics in Assam. While the ruling party BJP electoral support from both Karbi and Nonia communities, tribal communities of Assam reportedly remain wary of the party's stance toward Hindi-speaking community settled in the area.
 
Noting the rising population of Hindi speakers in Assam over the past decade, Holiram Terang, a veteran Karbi political figure, alleged: "After the BJP government came to power in Centre and state, some of these people have become very aggressive, socially and culturally. I won't be surprised if the RSS is pushing them to demand land rights."
 
Amid the threat of eviction looming over 2,086 families, the KAAC remains firm on its decision, declaring that the eviction targets all illegal encroachers, regardless of ethnic identity as per the Supreme Court's order.
 
"We will not differentiate between any community. There are Karbis, Boros, Tiwas, Biharis, Bengalis, Nepalis – all kinds of communities are encroaching on these lands, and we will do the evictions as per the SC order," Ronghang stated.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Complaint against procedural violations

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Non-Forest (Grazing Land)

What was the action taken by the police?

Arrest

How many people did the police detain or arrest?

17

What is the current status of the detained/accused persons?

Currently under arrest

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Indian Penal Code

Sections 341/147/143/294/120B/153A and 325/307/506/427

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

A case (No. 12/2024) has been registered against 17 arrested under sections 341/147/143/294/120B/153A 325/307/506/427 of the IPC. As on 16 February 2024, the 17 persons were still under arrest.

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area, Grazing, Religious/Sacred/Cultural value

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Sarup Sinha

Assam

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Complaint against procedural violations

Demand to retain/protect access to common land/resources

10,000 people face eviction from tribal council land in Assam's Karbi Anglong

Reported by

Sarup Sinha

Legal Review by

Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

May 19, 2024

May 30, 2024

Edited on

May 19, 2024

Sector

Land Use

Reason or Cause of Conflict

Encroachment by Non-Right Holders (Other than Caste-based)

Starting Year

2024

Land Area Affected (in Hectares)

2908

ha

Households Affected by Conflict

2086

People Affected by Conflict

10000

State

Assam

Sector

Land Use

People Affected by Conflict

10000

Households Affected by Conflict

2086

Land Area Affected (in Hectares)

2908

ha

Starting Year

2024

Location of Conflict

Hawaipur

Kheroni

Karbi Anglong

Reason or Cause of Conflict

Encroachment by Non-Right Holders (Other than Caste-based)

Land Conflict Summary

In a move that has sparked tensions between the Karbi tribe and Hindi-speaking communities in Assam's Karbi Anglong areas, the Karbi Anglong Autonomous Council (KAAC) has served eviction notices to approximately 10,000 people accused of illegally settling on reserved grazing lands in the Sixth Scheduled districts of Karbi Anglong and West Karbi Anglong.
 
At the centre of contention are the Village Grazing Reserve (VGR) and Professional Grazing Reserve (PGR) lands, covering 7,184.7 acres. While the Karbi community calls for the eviction of illegal settlers from PGR and VGR lands to safeguard their lands and identity, Hindi-speaking communities demand the de-reservation of these grazing lands that will allow them to own legal titles.
 
The Hindi-speaking communities in Karbi Anglong primarily comprise the Nonias, a predominantly farming community from Uttar Pradesh and Bihar.
 
On 17 January 2024, Rachnatmak Nonia Sanyukta Sangh (RNSS), an RSS-backed organisation representing the Hindi-speaking community, submitted a memorandum to President Droupadi Murmu requesting the legalisation of their settlements on these grazing reserves.
 
Dharmendra Chauhan, national joint secretary of RNSS, told the media, "Our people have been in possession of PGR and VGR land for many decades."
 
The memorandum incited protests from Karbi students and civil society organisations such as the Karbi Students' Association, Karbi Nimso Chingthur Asong, and Autonomous State Demand Committee Youth Front, demanding the eviction of illegal encroachers from PGR and VGR lands in Hawaipur (West Karbi Anglong district) and Phuloni (Karbi Anglong district). They view the settlers as illegal occupants threatening Karbi lands and identity. 
 
"No one has been legally allotted land on these grazing lands, but settlers have been living there illegally. This is a Sixth Schedule land, and we have our own separate land rights. It is not a recent issue, but it has been going on for about a decade now," Karbi Students Association president Mirjeng Kro told The Indian Express.
 
On 15 February 2024, protests turned violent as members of the Hindi-speaking community allegedly assaulted some Karbi protesters. The scuffle, which triggered a near-shutdown in major towns, reportedly resulted in injuries to 11 persons and the arrest of 17 people.
 
Chandra Kanta Terang, President of the Autonomous State Demand Committee, was quoted as saying, "The Karbis were beaten up in their own home while trying to protect our ancestral land from outsiders."
 
In response to the protests, the Karbi Anglong Autonomous Council (KAAC), headed by Chief Executive Member Tuliram Ronghang, announced plans for eviction on 20 February 2024.
 
The KAAC draws its authority from the Sixth Schedule of the Indian Constitution, which grants them decision-making rights within their jurisdiction.
 
The KAAC has defended its decision to evict by citing a controversial 2011 Supreme Court order directing the public authorities to evict illegal occupants from grazing lands and restore them for public use.
 
Affected residents, who claim to have lived on the land for decades, expressed shock at the eviction notices despite prior assurances from the BJP state government. They possess documents proving residency; some are even included in the National Register of Citizens.

While the Assam government approved de-reservation proposals for other districts in 2023, the demand for "de-reservation" appears problematic due to Karbi Anglong's designation as an autonomous area, granted under the Sixth Schedule in 1976.

The situation is also linked with the political dynamics in Assam. While the ruling party BJP electoral support from both Karbi and Nonia communities, tribal communities of Assam reportedly remain wary of the party's stance toward Hindi-speaking community settled in the area.
 
Noting the rising population of Hindi speakers in Assam over the past decade, Holiram Terang, a veteran Karbi political figure, alleged: "After the BJP government came to power in Centre and state, some of these people have become very aggressive, socially and culturally. I won't be surprised if the RSS is pushing them to demand land rights."
 
Amid the threat of eviction looming over 2,086 families, the KAAC remains firm on its decision, declaring that the eviction targets all illegal encroachers, regardless of ethnic identity as per the Supreme Court's order.
 
"We will not differentiate between any community. There are Karbis, Boros, Tiwas, Biharis, Bengalis, Nepalis – all kinds of communities are encroaching on these lands, and we will do the evictions as per the SC order," Ronghang stated.

Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Complaint against procedural violations

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Type of Common Land

Non-Forest (Grazing Land)

What was the action taken by the police?

Arrest

How many people did the police detain or arrest?

17

What is the current status of the detained/accused persons?

Currently under arrest

Did the person face any violence while in police custody?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Indian Penal Code

Sections 341/147/143/294/120B/153A and 325/307/506/427

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

A case (No. 12/2024) has been registered against 17 arrested under sections 341/147/143/294/120B/153A 325/307/506/427 of the IPC. As on 16 February 2024, the 17 persons were still under arrest.

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area, Grazing, Religious/Sacred/Cultural value

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Settlement Rules under the Assam Land and Revenue Regulation, 1886
Rule 18(3) [Deputy Commissioner must publish a notice to persons they are seeking to eject for vacating the land within 15 days of the publication of notice]
Assam Land Grabbing (Prohibition) Act, 2010
Section 2(e) [Land grabbing is defined as an activity by which an individual is seeking to intentionally occupy any land over which they have no ownership.] Section 3 [Land grabbing in any form is criminalized under this provision of the Act]
Jagpal Singh and Ors. v. State of Punjab (2011 (11) SCC 396, Supreme Court)
Section 165(3) [Deputy Commissioner must publish a notice to persons they are seeking to eject for vacating the land within 30 days of the publication of notice]
Assam Land and Revenue Regulation, 1886
Section 165(3) [Deputy Commissioner must publish a notice to persons they are seeking to eject for vacating the land within 30 days of the publication of notice]
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    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

No

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Lack of legal protection over land rights

Non-consultation with stakeholders

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

No

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Main Reasoning/Decision of court

Major Human Rights Violations Related to the Conflict:

Physical attack

Reported Details of the Violation:

Members of the Hindi-speaking community allegedly assaulted some Karbi protesters resulting in injuries to 11 persons.

Date of Violation

February 14, 2024

Location of Violation

Kheroni

Additional Information

Government Departments Involved in the Conflict:

Karbi Anglong Autonomous Council; District Administration of Karbi Anglong and West Karbi Anglong; Revenue & Disaster Management Department, Assam

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Rachnatmak Nonia Sanyukta Sangh, Karbi Students' Association, Karbi Nimso Chingthur Asong, Autonomous State Demand Committee Youth Front

Information on the use of criminal law

What was the action taken by the police?

Arrest

How many people did the police detain or arrest?

17

What is the current status of the detained/accused persons?

Currently under arrest

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Indian Penal Code

Sections 341/147/143/294/120B/153A and 325/307/506/427

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

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Video

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