National Workshop on Tribal Women and Land Rights Concludes at Jamshedpur

A three day national consultation with the support of Ministry of Tribal Affairs was organized from 26th – 28th February, 07 at Jan Vikas Kendra, Patel Bagan, Sunder Nagar, Jamshedpur, Jharkhand. The workshop was organised by Sathi All for Partnerships along with other Consult for Women and Land Rights (CWLR) members including Saheli Adhyan Kendra and Prerna Bharti with the support drwan form Ministry of Tribal Affairs .

PROCEDINGS OF THE THREE DAY WORKSHOP

DAY 1

Dr Rose Kerketta a retired professor from Ranchi University and an activist welcomed the participants attending the national workshop from Chattisgarh, Orissa, West Bengal, Jharkhand and Gujarat. She discussed in brief the background of Ranchi, 2006, state process which has been the foundation stone for the discussion on Tribal women’s access, control over land and livelihood resources. The idea of state led women resource right agenda which was introduced in the previous workshop needs to be further understood in the rural and urban context. She discussed in brief the various practices followed in the region and the present conditions of tribal women as an affect of globalization and privatization of land. The need to design a plan of action for the changing dynamics within the tribal community in the name of customary practice, migration, displacement and development of the region, suggested by Dr.Rose was backed up by all. Elaborating the need to integrate the women rights over land and resources by state government in the programs and rehabilitation policy for the displaced tribals she further pushed the Women’s Resource Rights Agenda forward, which talks of one-window approach for gaining access in government mechanisms.  .

 

The day proceeded with enlightened session of Bonani Dhar, United Nations Fund for Women (UNIFEM) and moderator of United Nation Solution Exchange on Gender, where the idea of sharing knowledge has been developed. She discussed how the Solution Exchange is acting as a community for exchange of solutions, ideas and adding value to the content. Such the query poser at the end of 10 days time receives rich and comments from the experts across the country. She expressed how the discussion on bills like Domestic Violence of Women or Sexual Harassment were shared with solution exchange gender community and suggestive recommendations were passed which is put across to the government to adopt the recommendations. Quoting a relevant example of how discussion on women in agriculture and their land rights were adopted by the Andhra Pradesh in their Sector Reforms of Irrigation she linked the role of effective and timely communication intervention with land rights. She stressed that through these discussions a more logic and rational is present before government to adopt these recommendations than those passed by the groups working at grass root. She informed how the networking of ideas can be promoted by Solution Exchange Gender Community.

 

She inferred towards the end that an e- Tribal Action Group can be formed and Solution Exchange can be a medium to put across government. Lastly it was added that “We walk together to increase development effectiveness by applying knowledge to empower the women”.

 

Sharing of Different states

 

West Bengal

Women groups there have taken private land and initiated SHGs and women cooperatives over it. Ms Maloti Mandi and Ms. Sarola Poddar from Bakura narrated how women with little hands on experience in manging cooperatives they formed federations with the women who have given their private lands for cultivation of tussar silk in Jhilimili. It took them 3 years to get the production of tussar, now they are engaged in cultivating grass and producing rope from the produce. To step up the process they have formed 33 commitees (samitis) and each samiti inccurs a profit of 2.25 Lakh of which 25% reserved for the work of samitis. Also the group has formed an organisation called the Nari Vikas Sangh. This organisation has now accquired panchayat land on lease for 30 years and have opened a ration shop, 13 creches, library and engaged in other productive activities like polutary, horticulture. The other positive aspect is that tribal women their enjoy inheritance rights under HSA and are not guided by their customary law.

 

Gujarat

Ms Madhuben, shared WGWLO and her experience of working for the adivasi women in Gujarat. WGWLO has trained para- legal personnel in to advise the victims on existing laws. At a recent consultation of Adivasi women in Ahmedabad tribal womens from various districts of gujarat interacted with groups from Maharshtra, Rajasthan and Madhya Pradesh.The discussion focussed on natural resource rights and to increase livelihood opportunities for tribal women. She also told that traditionally men and women enjoyed equal rights but with the changing political, social and economic factors the it is infered that loss of tradinal livelihood and resource rights is much more for men than for men, who have the option to migrate away from their domicle. When women also migrate with men due displacemnt caused by industrialisation and privitisation they are vulnerable to greater violence from within family as well as the outside environment. Looking at these conditions she informed that Adivasi Mahila Parishad (Tribal women’s council) has been formed with members from the states of Rajasthan, Madhya Pradesh, Maharashtra and Gujarat.. The group will work on water, land and forest rights of tribal women, also the council has initiated work for widow and single women’s land rights. All the four states will work independently keeping the other states informed of their work. The group has also initiated a survey to indicate the number of women who have a legal land deed in their individual or joint name.

 

Chattisgarh

The group from Chattisgarh discussed how the government in the name of development is taking away the rights of tribals in the area. Ms Rawati Markam informed that the good traditional practices prevelent in past are now no longer practiced. For example customary rights like Gutul and Lamsena(which gives a daughter half the share in the fathers property if he has no son.) have given way to individual ownership of private ownership of land under the name of a male family member. This impacts women without family support especially widows sans housing and livelihood options. This perhaps is a single recurring reason that trafficcking of tribal women has increased in the recent years. She also told that the government has declared two forest areas as National Park and Tiger project and the buffer area between the two park and project has also been taken away. The tribals living in these forests are severely affected as the tribals are dependent on these forests and only for four months they are involved in agriculture. Now the tribals living in these forest demand for rights on the forest resources for their livelihood.

 

Orissa

Dr Sricharan Bahera from Vasundhara, Orissa shared how they are making efforts to increase the livelihoods of the tribal women. The process followed by them is to conduct a research within the community and later advocacy based on the issues affecting them. Women in Orissa are issued joint pattas for the newly distributed land under land ceiling and rehabilitation.

 Mr. Pravat Pradhan from WOSCA, Orissa shared that there are similar issues and situation as regard to the tribals and women in particular. He told that there is vast displacement due to mining. State Government has come out with the Amendment of Forest Bill in the name of development, better education to tribals, where due to this amendment government is seeking land from tribal and passing it to non-tribals, which is being opposed by the groups from panchayat to district level.  He also informed that the Land Reform Act in the state has been amended 16 times. A women resource rights agenda in the state will help counter many conflicting issues within a solutions framework. WOSCA along with Sathi all for partnerships during the time of the workshop were campaigning with Government and civil society to build this agenda in the state. See a report for WRRA in a state at (www.cwlr.net/publications/reports/wrra-at-state-level.doc/view)

 

 

Jharkhand

Ms. Susheela Hasda from Prerna Bharathi, Jharkhand informed that a survey was conducted in Madhupur which indicated that only one lady was given her right over land. All the women in the area had no right either on there fathers or husband property.

She along with Ms. Anna Soren also informed that the good traditional practices like Tabenjom which was practiced in past has now evaporated from the society. The traditional practices gave some benefits to married as well as unmarried women in behaviour but had no rights to the women but now due to changing factors these practices have vanished leaving women badly affected and turned to destitute. Ms Anna Soren also shared about the study done by GLRF and CWLR in Santhal pargana. ( see report attached and the pamphlets distributed in the meeting).

Tribal women now demand for joint pattas in their husband’s property.

Ms. Priyasheela Besra also informed that at many places the last settlement was done in 1911, then in 1935 and lastly in 1964-65. since then the settlement has not taken place but now groups demand for settlement in the name of both men and women.

Ms China Moitra informed that women are the most badly affected due to displacement, mining, migration and development leaving the women having no right over land and resource rights. Now women have been raising voices for their rights over land and resources.

 

Group Exercise  

A group work on the obstacles in accessing land rights resulted in the list of obsticals given below. The needs to have some tools to understand the sitution on women and resource rights was also discussed. Such tools can assist in deriving methodology to deal with solutions while creating a win win situtaion for most concerned.

 

Obstacles

The common obstacles identified by three groups were:

1. Lack of awareness among women about their rights.
2. Customary laws and traditions
3. Lack of participation in decision making process.
4. Gap between provision in customary laws and citizens rights and its implementation.
5. Absence of 3 tier Panchayat in villages.
6. Land alienation due to capitalization, industrialization.
7. Lack of sensitization about women’s right among male members of the community as well as government representatives at local level.
8. Absence of joint pattas with women’s name included in the title deeds.
9. Erosion of good traditional practices (e.g. Tabenjom)

 

Suggested Solutions

The suggested solutions to overcome the obstacles that came during the group work are:

 

1. Awareness campaign on women land and livelihood resource rights both for men and women.
2. Mass mobilization, advocacy through collective effort.
3. Participation of women in social, economic and political structure.
4. Amendment in existing act ensuring women’s right.
5. Improvement in government mechanism and needs to be pro women and poor friendly.
6. Panchayat elections should be conducted as early as possible and when formed should have equal participation of women.
7. Arrangement of land distribution for landless, single - divorce women.
8. Need for joint pattas to be given in the name women also.

 

After working on the solutions to overcome the obstacles in access to tribal women’s land and resource rights, the groups were oriented to the concept of Women Resource Right Agenda which can be developed as a tool for increasing the resource base and rights on land, other natural resources.