Hundreds of years ago, the present definition of tribals would have been
applicable to almost everyone, who were living in small villages adjascent/
within forests, doing agriculture besides collecting honey and herbs from the
jungles.
Tribals never bothered to ownership of the lands as they were using the land
freely without any Govt. interference and there was no ownership or tfer of the
lands as of now.
When civilisation expanded and encroached into the tribal areas, ownership
factors surfaced. Once the Govt. gives ownership of lands to tribals, the
others are waiting in the wings to pay them money and liquor and buy the lands
from them, unless non-sale clause is introduced.
It is like the housing plots reserved only for SC/ST in the Cities under
housing policies. These are allotted in the names of SC/ST and once the
buildings are constructed, the SC/ST are paid some money and the ownership is
transferred to others. SC/ST go back to their slums with the money to get
another plot!!
Vijay Kumar <[EMAIL PROTECTED]> wrote:
Jharkhand Forum | Jharkhand.org.in/forum
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>
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>:
>
> >
> >
> > *Jharkhand Network | Jharkhand.org. in/network
> *<http://www.jharkhan d.org.in/ network>
> > <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
--
"Nobody deserves your tears, but whoever deserves them will not make you cry."
- Gabriel Garcia Marquez