I am wondering if a land that belonged to a tribal family hundred years ago was sold and resold and ended up in possession of a non-tribal person. How will the law treat this land if the current owner decides to sell it?
On Mon, Jun 16, 2008 at 12:41 PM, Roopa Sharma <[EMAIL PROTECTED]> wrote: > Besides, Land is immovable property whose characteristics of ownership > vis a vis the people inhabiting it are determined by usage over a period of > time.I am doubtful of teh relevancy of my comment rhough. > > rgds > > roopa > > --- On *Mon, 16/6/08, WILLIAM KISKU <[EMAIL PROTECTED]>* wrote: > > From: WILLIAM KISKU <[EMAIL PROTECTED]> > Subject: Re: [ =>> Jharkhand <<= ] Caste and democracy: Reservations and > the return to politics > To: [email protected] > Date: Monday, 16 June, 2008, 2:02 AM > > This is getting interesting. ... > > 1. What happens if a well to do tribal can afford to > buy land from a non tribal( original high cast brahmin > or whatever), does that land then becomes a tribal > land??? > > 2. Next if that tribal( (a) christian tribal (b) hindu > tribal) then decides due to pecuniary or whatever > reasons, decides to sell the land,, can he then sell > the land to another non tribal ( another high cast > brahmin for example)??? > > William Kisku > --- Suranjeen Prasad Pallipamula <[EMAIL PROTECTED] com<suranjeen%40gmail.com> > > > wrote: > > > Dear Sudesh, > > The tribal-Christian tag will continue because of > > the land laws and has > > nothing to do with reservations. > > Tribal land cannot be by a non-tribal. If a tribal > > is excluded because he > > becomes Christian, then he is free to sell his land > > to non-tribals. > > So understand the debate fully before shooting > > Suranjeen > > > > 2008/6/12 Sudesh Kumar <sudesh.kumar@ yahoo.com<sudesh.kumar%40yahoo.com> > >: > > > > > > > > > > > *Jharkhand Network | Jharkhand.org. in/network > > *<http://www.jharkhan d.org.in/ network<http://www.jharkhand.org.in/network> > > > > > <http://egroups. com/list/ Jharkhand<http://egroups.com/list/Jharkhand> > > > > > * * > > > > > > > > > > > > > > > > > > > > > Dear Friends, > > > > > > > > > > > > The recent Gujjar revolts to acquire ST status > > have given enough fuels to > > > caste / community based reservation politics. In > > our Jharkhand state we have > > > approx. 40 percent of ST/SC populations and also, > > most of Vidhan Sabha > > > constituencies are reserved for ST/SC candidates. > > So, like other parts of > > > country our areas have been dominated with caste > > based political equation. > > > Sometimes, these all things force me to think > > about ongoing transitional > > > period of change in order to get rid of this kind > > of political environment. > > > Here is an old article that I have read recently > > and posting here. I hope it > > > would be worth reading for you. > > > > > > > > > > > > Warm regards, > > > > > > > > > > > > Sudesh > > > > > > > > > > > > Sudesh Kumar > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > Caste and democracy: Reservations and the return > > to politics > > > > > > Susie Tharu, M. Madhava Prasad, Rekha Pappu, K. > > Satyanarayana > > > > > > Our paper was born out of a shared perception that > > the debate on > > > reservations in particular and of caste in general > > could benefit from a > > > reprise and re-evaluation of the political > > dimension of the question. The > > > term political has other meanings which we will be > > invoking in what follows, > > > but here we mean in particular those aspects that > > have a bearing on the > > > formal, structural problems posed by the > > installation of a Republic in a > > > society divided by caste. By critically examining > > the prevailing range of > > > opinions on this issue we want to broaden the > > scope of the debate beyond > > > reservations to the more pervasive and complex > > problem of caste as such and > > > in the process contribute to a re-grounding of the > > struggle against caste > > > discrimination away from the confines of state > > policy into which it is > > > repeatedly decoyed. We believe that this return to > > politics is mandated by > > > the way in which recent developments have > > destabilized the assumption of an > > > accomplished social contract and a democratic > > polity. > > > > > > Our inquiry will draw sustenance from a reading of > > the ongoing struggle > > > over reservations, although this essay is by no > > means an exhaustive > > > commentary on this chain of events that has come > > to be known as Mandal II. > > > Thus one of the issues that we need to address is > > how the defense of > > > privilege in the current context is able to employ > > with impunity the > > > language of universality. What are the origins of > > this naturalized equation > > > of the register of democracy with the > > institutionalized dominance of a > > > minority? How have the principles of universality > > been systematically > > > resignified to suit the objective interests and > > historical capacities of the > > > dominant caste/class formation? > > > > > > In keeping with the spirit of constitutional > > provisions, the Indian state > > > has, in its own domain, instituted over the years > > a number of measures to > > > produce a representative community: the > > bureaucracy and the public sector > > > enterprises today show the results of such > > intervention to a substantial if > > > not a satisfactory extent. On the other hand the > > state has failed miserably > > > in its self-ascribed role as the agent of a > > proactive programme of > > > reconstituting the body politic in keeping with > > the modern democratic ideals > > > inscribed into the constitution. When it comes to > > tackling the social > > > problem of caste discrimination and structural > > inequalities, the state has > > > no doubt produced a number of legal provisions, > > but has refrained from > > > undertaking the work of restructuring, of > > re-forming its citizen-subjects in > > > keeping with the commitment to end caste > > discrimination and oppression. On > > > the contrary it would appear covertly to have > > firmed up and strengthened the > > > normative, upper caste and Hindu formation of this > > subjectivity. Publicly > > > caste has been subject to a policy of disavowal, > > rather than of direct > > > action. In such a situation, reservations have > > become an important > > > battleground for staging democratic conflicts, in > > spite of their relatively > > > minor significance in transforming the > > sub-continent' s caste-based social > > > order. In other words, even if reservations have > > had or are capable of > > > having little overall impact on the condition of > > the beneficiary groups, its > > > importance as a site of political conflict cannot > > be overlooked. In a social > > > order where civil society has insulated itself > > against incursions from > > > political society to the extent of appearing to be > > a nation within the > > > nation, it is not surprising that reservations – a > > provision that responds, > > > in its own small way, to the fact of > > discrimination – have become the > > > battleground where unresolved questions about > > India's political identity are > > > being raised again. We must see the battle over > > reservations as only the > > > most visible site of contestation and > > renegotiation of the political > > > covenant, behind which lie a whole host of > > localized, inchoate, mutually > > > contradictory struggles imbued with confidence and > > energy and optimism in > > > the face of despair, struggles that are reshaping > > the Indian polity at the > > > base in ways that we are yet to come to grips > > with. > > > > > > Beyond policy > > > > > > The debates that erupted in the wake of the > > so-called Mandal II can be the > > > starting point for a critical engagement with the > > prevailing discourse. The > > > special supplement of the EPW on this issue (41: > > 24, June 17 – 23, 2006) > > > provides a representative sample of the prevailing > > opinion. What is > > > immediately evident in this collection is that > > with one exception (Kancha > > > Ilaiah), the contributions do not treat > > reservations as a political > > > === message truncated === > > William Kisku > > > > > *Jharkhand Forum | Jharkhand.org.in/forum > *<http://www.jharkhand.org.in/network> > <http://egroups.com/list/Jharkhand> > * * > > > > -- "Nobody deserves your tears, but whoever deserves them will not make you cry." - Gabriel Garcia Marquez
