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"ACCESS TO LAND OF POOR IN ORISSA"

Date: 22^nd  & 23^rd  of December , 2008.

Venue: Pantha Niwas, Bhubaneswar.

Dear Sir/Madam,

Greetings from Joint coordination committee on Land.

The Joint Coordination Committee on land was formed in month of October, 2008 in the consultation held at Koraput. In the consultation it was decided for a state level seminar at Bhubaneswar to cover all stake holders.

In this connection a two days consultation at Bhubaneswar is organized on 22^nd  & 23^rd  of December, 2008 .The subject of the consultation is "Access to land of poor in Orissa".  SPREAD is coordinating the consultation. The background paper attached with will highlight the issues to be discussed. In this context, we take the liberty to request you to kindly make yourself available in the consultation.

We will be glad to provide you the travel cost shortest train (2nd sleeper)/bus fair . Please confirm your participation in advance for your smooth stay at Panthaniwas, Bhubaneswar.

Kindly conform your participation through email: spread@sancharnet.in ,bidyut.mohanty@gmail.com ,Gadadharpradhan@gmail.com or by phone 06852-250326,9437025326( bidyut), 9861079131( Gadadhar) before 20^th of December.

With warm regards,

Bidyut Mohanty.    Gadadhar pradhan.

Members of the Joint Coordination Committee:

1. Mr. J P Panda, Retd. ADM, Jeypore
2. Mr. Gupteswar Panigrahy, advocate koraput.
3. Mr. Satya Narayan jena, CYSD
4. Mr. Narayan Behera, Seba jagat, kalahandi
5. Mr. Damburudhara Sisa, Tribal Activists, Malkanagiri
6. Mr. Rupen , Social Activits,Koraput
7. Mr. Sushil Ray, RCDC,jaypore
8. Mr. Suryamani Panda, YCDA, Boudh
9. Mr. Narayan Jena, Agragami
10. Mr. Sukhram Gadenga, Tribal activist.
11. Mr. Bidyut Mohanty, SPREAD
12. Mr. Gadadhar Pradhan, social activist
13. Mr. Manohar Chauhan, Member NCSD
14. Mr. Gopal Nayak, Tribal activist
15. Ms. Sabita Samaantrai, RITES forum, Malkangiri

      16.  Dr. P C Mohapatra, Director, COATS.

 "ACCESS TO LAND OF POOR IN ORISSA"

Date: 22nd & 23rd of December, 2008.

Venue: Pantha Niwas.

Lewis Road. In  front of B.J.B. Nagar.

Bhubaneswar.

Agriculture is the way of life for majority of people in Orissa, so land is one of the primary necessities. The land is fundamental asset & it is a primary source of income, security, status & dignity. The Record of Rights of land has an important part to play in the functioning of the economy. Without land there can be no state, no habitation and no ground work for carrying on human activities. Land is the mother resources giving rise to various other things of economic values. Land gives prestige & power. Access to land is therefore a critical factor as to how wealth, power and status are distributed within society. In rural areas land decides power relationship. Orissa has witnessed   many struggles, conflicts, uprisings and it is continuing till today concerning land. 

Many families in Orissa either lack any access to land or a secure stake in the land they cultivate. As a result, acute poverty, and related problems of hunger & social unrest. The landlessness of tribals & scheduled caste people is a major concern for the state and society.

In country level the importance of ROR was emphasized in the first five year plan, but there were several plans but unfortunately regrets were expressed about the sorry state of ROR in land. The record of rights ( ROR) in land in Orissa is in a very bad shape and complex condition.

With the creation of the province of Orissa on Ist  April,1936 the new administrative unit inherited three sets of laws from Bihar and Orissa, Madras presidency and central province. Thus Orissa became a melting pot for fusing together the various historical traditions.

There are many important legislations on land in Orissa like Orissa Govt. land Settlement ( OGLS) Act,1962,  Orissa Prevention of Land encroachment ( OPLE) Act,1972, OPLE Rules, 1985, Regulation 2 of 1956, Regulation 1 of 2000, Orissa Land reforms Act,(OLR) , 1960 ,Orissa estate abolition act,1951.There are also schemes and campaigns like Vasundhara scheme & "Mo Jami_ Mo Diha" campaign but the fundamental issues remain unsolved.

Ground realities:

In spite of legislations and schemes facts & figures of achievements shown in Govt. records the ground realities are different. In many studies it was revealed that the homestead lands which were distributed to families are either unsuitable for home stead or never demarcated. Families have only the piece of paper without physically possessing the land. In case of ceiling surplus land, regulation-2 & OLR act the beneficiaries are denied their legitimate rights by powerful lobbies. The poor tribal & SC families are not daring to enter into their newly acquired land.

Though there is restriction for sub –letting in OLR, Act, the tenancy remains widely prevalent, under 'illegal' contracts as landlords and tenants have a common interest in concealing. This widespread under-reporting of the actual area leased-out. The best available estimates suggest that on average, around 20 percent of farm households participate in the land-lease market, and that over 80 percent of leasing activity (both in and out) is by small and marginal farmers. After introduction of commercial plantations and crops there is wide scale leasing out of land by small and marginal farmers to big farmers.

Land survey and settlement operations:

Survey and settlement operations are the major means to update land records but it is not periodically done in Orissa. In 171 tehsils the computerization of land records started in 1988-89 and recently completed. But without fresh survey and settlement the computerization is not very much help full to the people as it dose not serve to achieve the purpose. Orissa has 51,551 revenue villages with 2, 18,000 spatial records but in very bad shape. Computerization with out map correction will not be much beneficial. The survey and settlement of lands have not been done in a systematic manner for lack of officials and funds are the reason admitted by the Revenue department in its report. There are few very significant features that have to be focused in this paper.

The Rights of women over land:

Land rights for women are a necessary precondition for their empowerment. To women, land rights do not just imply control over a piece of object called land but it has tremendous social, cultural and economic implications and a means to access credit, the capacity to challenge male oppression  in the context of gender. Orissa has   many acts on land though formulated on the so called basis of redistributive justice, has totally ignored the concept of gender justice but now laws has been formulated to increase women's access to land. Tradition in the widows in Kandha Community, inherit the land when they have no grown up sons, Among the saoras, the property is divided between daughters and sons, the unmarried daughters getting an equal share and married daughter a lesser share. Among most tribals in Orissa, women have the right to maintenance but not land. Widows usually have usufruct rights.

The objective of the national perspective plan in to allot 40% of Government land to women during  1988 – 2000 based on the commitment of the 6^th Plan, recommendation of the Sub group on the working group on land reforms for the 7^th Plan and the recommendation of the Revenue Ministers conference held in 1985. The Govt. of Orissa in October 2002 decided that at least 40% of the Government wasteland  be allotted for the agriculture and house site purpose, ceiling surplus, land and Bhoodan land may be allotted to widows, unmarried women, victimized women and women living bellow the poverty line as far as practicable. While distribution of government land members of SC / St may be made as per rules, at least 40 % land should be allotted to women belonging to SC / ST. data on actual application on this provision is not available.

Ceiling surplus land and Govt. land which is given for homestead/ or agricultural purpose to landless persons are to be registered in the name of both husband and wives. Notification for enforcing this has been issued by the department of revenue govt. of Orissa since 1989. The latest circular on this subject has been issued to the District collector in June 2002. But there is no data available how many joint patta issued in the state.

Orissa Land revenue Administration Bill, 2007 & Orissa Land Revenue code:

Some years back there was attempt by State govt. for drafting of Orissa Land revenue code but it is still in draft stage & never shared with public. A draft Bill, Orissa land revenue Administration Bill, 2007 was drafted in recent past to consolidate, simplify and codify various revenue laws for people friendly as claimed by state Govt. but till today it was not made public for comments & suggestions from Civil society groups. The steps to bring the bill are quite a welcome step.

Backdrop .

During 2006, there was a seminar on land reforms in Bhubaneswar, and there was a consultation at koraput in  October, 2008 at KBK level. In the Koraput consultation as per the decision of the house  a joint committee formed to take up the issue further. The joint coordination committee members are,  

Members of the Joint Coordination Committee:

1. Mr. J P Panda, Retd. ADM, Jeypore
2. Mr. Gupteswar Panigrahy, advocate koraput.
3. Mr. Satya Narayan jena, CYSD
4. Mr. Narayan Behera, Seba jagat, kalahandi
5. Mr. Damburudhara Sisa, Tribal Activists, Malkanagiri
6. Mr. Rupen , Social Activits,Koraput
7. Mr. Sushil Ray, RCDC,jaypore
8. Mr. Suryamani Panda, YCDA, Boudh
9. Mr. Narayan Jena, Agragami
10. Mr. Sukhram Gadenga, Tribal activist.
11. Mr. Bidyut Mohanty, SPREAD
12. Mr. Gadadhar Pradhan, social activist
13. Mr. Manohar Chauhan, Member NCSD
14. Mr. Gopal Nayak, Tribal activist
15. Ms. Sabita Samaantrai, RITES forum, Malkangiri

      16.  Dr. P C Mohapatra, Director, COATS.

This consultation is part of the series of consultation on the issue of Land in Orissa.

The focus of discussion in the consultation:

o        The access of the poor to land in Orissa.

o        Distribution of ceiling surplus land- issues & concerns.

o        Tribal land alienation – issues & concerns

o        Implementation of "Mo Jami- Mo diha" & Vasundhara schemes.

o        Computerization of land records and maps after resurvey of the area.

o        Codification of customary land rights of tribals

o        Women and land rights.

o        The problem in distribution of "Bhudan Land"

o        Better land administration and implementation of a consolidated land revenue code.

BIDYUT MOHANTY.

SPREAD.