DALI  LAND
“Dali-Land” is that barren and inferior quality land which exists on the hill slopes of Konkan region. The equation in the Konkan village was that the non-adivasis would usually own the prime agricultural land around the village and the rest of the land which was of no use to them would be left for the adivasis to cultivate and ensure their livelihood. This arrangement, forced on the adivasis, resulted in the adivasis cultivating foodgrains of inferior quality during the months of the monsoon and working at the farms of the non-adivasis and later on in the coal mines for atleast eight months in a year.

This situation was legitimised and the Dali-land was transferred to the name of the group of adivasis who cultivated it by the British in the nineteenth century. However, the state and Union Government did not continue this arrangement after independence. Even under land ceiling Act and other measures of land reforms the adivasis did not get ownership of the Dali-lands they cultivated. Ms. Dalvi stumbled on these facts in the early eighties (i.e. twenty years ago) and decided to champion the cause of the adivasis.


Discovery of land issue
Often, Surekha and Ashok would wonder why the Katkaris and Thakars had to leave their homes in search for work and that why instead, they couldn’t cultivate the land they owned. People would point to the lack of resources required to cultivate the land and make it productive – water, equipment, lack of resources to purchase good quality of seeds and fertilizers or even pay the labour. These resources could be raised on loan or government schemes could be tapped. However, in order to do so, credit-worthiness was required, and proof of land ownership. But did the people from these two tribes have such proof?

Traditionally, all the productive land in the district was brought under rice cultivation by the other castes and the landlords. The ‘warkas’ land (leftover land, of poor productivity) was used by the adivasis during the monsoon to grow ‘low-grade’ millets such as nachani (also known as ragi) and warai for self-consumption. This land was usually on slopes or forest tracts. Its cultivation involved burning of the vegetation on the land, preparing the soil with a pick and sowing by hand. The land was left fallow for a few years after it was cultivated to allow for the vegetation to grow back again. Sometimes, if the warkas land was of better quality than other such land, the adivasis cultivated rice. For the rest of the year, they were dependent entirely on non-timber forest produce. The adivasis were first evicted from their forests in 1840, when the local Agri chieftain, Kanhoji Angre, lost his kingdom to the British. The British created  the Forest Department to manage the rich forests in the area, then known as the Colaba district. They felt that the presence of these adivasi communities and their typical pattern of agriculture, known as dalhi, would destroy the forests and so it was better to remove them from the forests. The adivasi communities protested. After a study of the problem, some of the British officers realised that removing the Katkaris and Thakars from the forests was like taking the fish from the water. And so, community ownership over this warkas land was accepted and large tracts of land were assigned to the adivasis. The natural leader of the dalhi plot cultivators was appointed the dalhi naik and this person was entrusted the responsibility of collecting the rent for the use of this land. A passbook was issued to the dalhi naik, wherein were listed the details of all the cultivators, the rent paid and a map and details of the land issued to the group.

After Independence, the Indian government, aware that the basic livelihood of the adivasis depended on their access to land, decided to transfer the ownership of the dalhi lands to the cultivators. Several political leaders declared their intent to do so, but the decision was never implemented. In the process, the land was not administered meticulously, and the passbooks were not up-dated. As a result, people forgot about the existence of dalhi lands and how they were administered. Although many continued to pay the rent – some to the revenue department, some to the forest department, the reasons for doing so were lost. When the issue of land ownership came up in discussions with Ms. Surekha and Ashok, no one was able to produce any documents of clear ownership. Questions naturally arose. What exactly was the status of land? Who owned the land that the adivasi families presently cultivated? The answers to these questions slowly emerged through explorations, research and discussions. In Ransai and Khairatwadi, receipts for the land 5 West coast of Maharashtra 37 rent paid were found. In other villages, dalhi passbooks were discovered, and in yet others, maps showing the boundaries of the dalhi plot were found.

The broad scenario

Even in today’s fast-developing, high-tech world, land and thus agriculture is the only means of earning respectful livelihoods for the adivasis, and in fact, for most of the rural, un-educated poor. Because of the vagaries of monsoon, agricultural production on small land holdings barely sustains one family. However, it is the only means by which the family can stay out of debt and bondedness and experience freedom. For the adivasi and rural people, land is a lifeline. On the other hand, the urban rich look at land as a luxury, as an escape from the fast, tense urban life.

Raigad district, being in the immediate neighbourhood of the metropolis of Mumbai, started feeling the pressures of urbanisation since 1990s. In the development plan of Mumbai, the Khalapur, Panvel and Uran tehsils of Raigad district have been included. The adivasi population in Raigad district is barely 12%, making it a minority population. It consists of three tribes – the Katkari, who are a primitive tribe, the Thakar and the Mahadeo Koli.
These tribes, especially the Katkaris, are mainly restricted to the hilly terrain and are known not to mix with the social fabric of the neighbouring villages. Mobile and unorganised, in the grips of severe poverty, no assets or resources, lack of education and credit-worthiness are the characteristics of this population.

The majority of the population is of other backward castes (OBCs) such as the Agri, Koli and Mali, and others such as the Maratha, Kunbi and Muslims. Thus, the pressure on land in the district not only comes from the local  population in the district but from the rich and powerful of Mumbai. And at stake is the sheer existence and livelihoods of the adivasi and rural poor, who do not even figure in the scheme of things. This is evident from the development plan of the region, which talks of industrialisation of the region and development of tourist spots and residential colonies.

Even the government, bowing to the pressures of the international financial agencies, has chosen to neglect the development of the minority people, especially the adivasi. On one hand, the revenue department is seeking to acquire land for industrialisation and development projects aimed at serving the urban population. On the other hand, the forest department wants to acquire more and more land under the pretext of increasing the forest cover – even if the land classified as forest is barren!

Although the government had been initially favourable towards transferring the land in the name of those cultivating it, it went back on its word. The only respite that was left to the  people were the various land reform policies and Acts that had been passed after Independence until the 1980s.

Under the Land Tenancy Act (1948), the cultivators were given the land title to the land being cultivated by them, when it was previously owned by the landlords. There was a ceiling on the land that could be privately  owned, governed by the Ceilings on Holdings Act 1971. Under this Act, the excess land was distributed to the landless wherever it was so claimed, and elsewhere, it was acquired by the revenue department. By the Government Resolution 1978, wasteland, forests or grazing land encroached for cultivation were allowed to be regularised.

The story behind Dalhi land
The dalhi land of over 13,000 Ha exists only in Raigad district. On it depended the livelihoods and future of nearly 10,000 adivasi families, mostly the Katkaris. In keeping with its principle to grant land rights to the adivasi, the government also agreed to transfer this land to the cultivators in 1971. The issue of dalhi land is unique for several reasons. In the administration of the dalhi land, there was acceptance of the concept of community ownership – a concept that is central to the adivasi lifestyle. It not only gave powers of management of the land to the community leader – the dalhi naik, but also allowed for greater flexibility in land usage. The sub-tenants could use the land for meeting their fuel wood, fodder and housing needs. Thus, urgent community needs could be met on requirement. At the same time, community control ensured that misuse or over-utilisation of the land  was avoided. Specific needs of the family also could be met, since there was provision to vary the holding size as
per the number of dependants.

Since the dalhi land included forests and warkas land, its usage was complex and multiple. There was also the acceptance of the fact that land is not merely required for agriculture, but also for housing and meeting other needs, including that of entertainment, leading to a more sustainable lifestyle. The principles of conservation were ingrained in the management of this land, since protecting the forests in the land was imperative in order to meet the various needs of the people. This challenges today’s principles of forest management where people and forest and wildlife cannot stay together and therefore people have to be evicted from core areas.

The chronology of events related to dalhi land was as follows:
1. In 1887, the Forest Department (then under the British government) accepted the adivasis’s rights over the dalhi lands.
2. After independence in 1947, the Forest Department accepted the right of the adivasis over this land and in fact ran development schemes on these lands.
3. In 1971, the state government decided to release the dalhi lands permanently to the cultivators. It instructed the forest department to clear it of tree cover before handing it over to the cultivators, an instruction followed to the letter by the forest department. But less than 10% of the land was transferred.
4. In 1976, Forests was brought under the concurrent list and in 1980, the Forest Conservation Act was passed. The state government claimed that it could not implement its earlier decision now without consulting the central government.
5. In this period, the Forest Department confiscated the dalhi passbooks under some pretext or the other, but the plot owners continued to pay the rent. The initial efforts to claim their right over dalhi land

And so, when the issue of ownership of the dalhi land was raised, people found it difficult to believe that they had a right to ownership of this land. Through several meetings and discussions of the Sanghatana members, people were convinced that dalhi land was theirs, they were the rightful owners – they had the right to demand its legal title. The organisation encouraged people - men and women - to come forward to fight for their right. However, what proof could be given? Did the people have the necessary documentation to make this claim? Realising the need to have authentic information, the members of the organisation visited every hamlet in 7 blocks of the district, checking existing documents and noting the present usage. Surekha bought a huge red register in which she made meticulous notes of the details she had gathered. The details included: identification of the dalhi plot, the name of the dalhi naik, names of the sub-tenants, number of family members of each, tribe to which they  belonged, classification of the dalhi land as per usage, total acreage, details of rent paid, map details, whether passbook existed with the dalhi naik and so on. Gazetteers and old documents were referred, and references to dalhi land were sought.

Towards the end of 1989, conventions of dalhi plot owners were organised in 3 tehsils in Raigad district, demanding the return of dalhi passbooks and the implementation of the 1971 resolution to grant legal titles in the name of husband and wife. Demand was also made for compensation for the delay in implementing this decision by way of grants for the development of this land. Other adivasi organisations held similar conventions in other talukas in the district. These culminated in a district-level convention that gave immense momentum to the movement.

After the resolution was passed in 1971, the Forest Department had cleared off the dalhi lands of all tree cover and sold off the timber. The profit was not shared with the land owners. The organisation demanded that the adivasis be given their due share of the profit. In early 1990, the agitators staged demonstrations in front of the tehsil offices, putting forward these demands and the return of the dalhi passbooks.

The organisation was able to convince the owners that it would take care of all the legal aspects, but since this was a policy issue, collective strength was required for its implementation. And keeping its words, case papers were filed for each dalhi plot, giving details of the present plot holders and cultivators.

The organisation met up with key people’s representatives and officials to present the case of dalhi land. To their surprise, there was a total lack of awareness about the existence of dalhi lands, even within the forest department. When the organisation showed the evidence they had found – receipts of rent paid issued by the forest department and the dalhi passbooks, the forest department searched their own records. The documentation made by the organisation was so thorough and authentic that the administration had to admit their case.

Conceding the organisation’s demand, the Forest Department returned most of the dalhi passbooks to the organisation by May 1990. The organisation celebrated its first success and publicly distributed the passbooks to the dalhi naiks. Now, the organisation started to press for its demand of implementation of the 1971 resolution – granting of legal titles to the dalhi plot owners. The situation was communicated to the Prime Minister in an impromptu meeting with him during his visit to Mumbai. Written presentations were made to the Chief Minister, State Minister for Forests, Collector and others, and also to 84 MLAs (Members of the Legislative Assembly), who brought it up in the assembly for discussion.

The struggle gains momentum
On September 6, 1990, a procession of 5000 dalhi cultivators marched from Pen to the Collector's office in Alibaug, walking the entire distance of 30 km. B. D. Sharma, who was then the Commissioner for scheduled castes and scheduled tribes for the Indian government, joined the march. And on behalf of all the marchers, he submitted the charter of demands to the Collector. The participants staged demonstrations and were arrested. These efforts resulted in getting political leaders publicly accepting the demand of the dalhi plot owners and the administrative heads issuing written statements conceding the demand. But no action was taken. B. D. Sharma followed the issue at the Center. In 1990, the Ministry of Environment & Forests issued a circular saying that the provisions of the Forest Conservation Act could not be binding on the decisions taken by the state government prior to the passing of this act. The Ministry instructed the state government to form a 3-member committee to execute its decision. Again, no action was taken by the state government.

In January, 1992, more than 10,000 dalhi plot owners marched a distance of nearly 20 km in heavy rain to Konkan Bhavan – the divisional administrative headquarters. They were joined by other organizations in the division fighting for the land rights of the adivasis, including Medha Patkar of the Narmada Bachao Andolan. Several other demonstrations were organised in front of the tehsil offices, to demand the documentation of current usage of dalhi land - as a first step towards transferring the land ownership.

In 1992, the State Forest Minister assured the Assembly that the dalhi lands would not be taken away from the adivasis. In 1994, the Union Minister of Forests assured the people that the union government would not come in the way of the state government if it wished to execute its own decision. Still, no action was taken. Realising that the government was simply delaying the issue, a writ was filed in the Supreme Court in Delhi. In 1995, the Supreme Court reprimanded the state government for not acting on its decisions and delaying the matter for a number of years. The Court instructed it to solve the issue immediately.

Finally, some action was taken. The new State Minister of Forests gave instructions to make fresh committees for assessing the situation towards the resolution of the issue, but the committee did not do any work. On July 26, 1996, the organisation celebrated the silver jubilee of the issue and the organisation's struggle and the government's apathy towards its resolution. The children of the dalhi land owners participated, indicating the entry of the second generation and the commitment of the people to continue their struggle.
 

In 1996, the forest department initiated a survey of the dalhi lands. This survey recorded only the land brought under paddy cultivation, its cultivators and inheritors and land used for residential purposes but did not enumerate the warkas land. The organisation objected. A fresh survey was initiated in September 1998, and a third in December 1998. In all, 6 surveys were initiated. All of them were faulty, and hence were objected to by the
organisation.

The organisation participated in all the surveys. Joint meetings were held with the Forest and Revenue Department officials. Members of the organisation were invited to participate in training programs conducted by the government to orient and train their staff about dalhi land and the government's decisions and their implementation. Information found by the departments or decisions taken by the government were always communicated to the organisation, which was officially invited to participate in all activities in this regard. The administration clearly admitted and respected the authority of the organisation over the issue.

Today, proposals have been submitted to the central government seeking its permission for the transfer of forest land to the revenue department, a procedure that must be followed before the revenue department in turn can transfer the land to the dalhi plot owners. In 1976, 66 plots were transferred to the revenue department by a gazette notification. However, this notification was never implemented, and the organisation is following up to hasten the process of transfer.

Source: Report of SECOND PEER REVIEW WORKSHOP, March 2004. Poorest Areas Civil Society (PACS) Programme.