Reported by
Legal Review by
Edited by
Updated by
Published on
November 4, 2020
April 27, 2023
Edited on
March 31, 2023
November 4, 2020
On June 8, 2019, the Tolewal Gram Sabha (village assembly) in Sangrur district passed a resolution to lease out 5.25 acres of reserved land, or shamlat land (village common land), to the Dalit community for cultivation at an annual rate of INR 500 per acre for 33 years. But the Block Development Panchayat Office (BDPO) that conducts the annual auction of shamlat lands rejected the resolution. The BDPO insisted on the auction at the usual rate of INR 20,000 per acre for one year. The price of Shamlat lands ranges from INR 15,000 to INR 20,000, depending on the location. The Dalits claimed that they cannot afford land at the government’s current rate. They also claimed that any land on which the Gram Sabha passed a resolution could not be auctioned according to the Punjab Village Common Lands (Regulation) Rules, 1964.
“The 1964 Rules do not allow shamlat land to be given on lease for more than seven years. Even that can be done only under special circumstances. How can we agree to 33-year fixed leases?” the financial commissioner and administrative secretary of the Department of Rural Development and Panchayat, Anurag Verma, asked the media.
The stalemate affected the livelihood of Dalit families in Tolewal village. They had planned to cultivate paddy on the land, but the uncertainty over the lease rate and period delayed the cultivation and the sowing season got over.
Meanwhile, the auction of the shamlat land is yet to take place. There has been strong opposition from the Zamin Prapti Sangharsh Committee, (ZPSC) which protests every time the auction happens.
In July 2019, one such protest led to a clash in Tolewal village between the Dalits belonging to the ZPSC and another group allegedly comprising upper-caste men in which 10 persons were injured and a FIR (first information report) was issued against 15 individuals.
Demand for legal recognition of land rights
Demand for better access to common land/resources
Demand for shamlat land to be leased to Dalits for 33 years at the rate of INR 500 per acre
Rural
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
No
Did the person face any violence while in police custody?
No
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, 1860
353 (Assault or criminal force to deter public servant from discharge of his duty), 186 (Obstructing public servant in discharge of public functions), 323 (Punishment for voluntarily causing hurt), 506 (Punishment for criminal intimidation), 148 (Rioting, armed with deadly weapon), 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object), 332 (Voluntarily causing hurt to deter public servant from his duty)
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)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Agricultural land
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?
Yes
When did it end?
Why did the conflict end?
As a matter of policy, the community's demand could not have been met. The community had demanded that the land be leased for a period of 33 years at a minimal rate, which is not permissible as the cap is understood to be for 3 years each. The current status is that the same plots of land are being renewed in the name of the protesting community every 3 years. So while the initial demand has not been met, there is an understanding that the plots be given to the Dalit community members every 3 years. The current lease period ends in 2025, the plots shall be leased in the community's name once again after 2025.
Categories of Legislations Involved in the Conflict
Land Reform Laws
Legislations/Policies Involved
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Yes
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-implementation of land reform laws
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
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:
Arrest/detention/imprisonment
Physical attack
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
In July 2019, during a protest against the auction of shamlat land, a clash broke out between the Dalits belonging to the Zamin Prapti Sangharsh Committee and another group allegedly comprising upper-caste men, in which 10 persons were injured and 15 were arrested.
Date of Violation
Location of Violation
Tolewal village
Nature of Protest
Protests/marches
Government Departments Involved in the Conflict:
Block Developemnt Panchayat Office
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?
N/A
Communities/Local Organisations in the Conflict:
Zamin Prapti Sangharsh Committee
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
No
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, 1860
353 (Assault or criminal force to deter public servant from discharge of his duty), 186 (Obstructing public servant in discharge of public functions), 323 (Punishment for voluntarily causing hurt), 506 (Punishment for criminal intimidation), 148 (Rioting, armed with deadly weapon), 149 (Every member of unlawful assembly guilty of offence committed in prosecution of common object), 332 (Voluntarily causing hurt to deter public servant from his duty)
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?
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