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Re: [PMARC] Detailed analysis of the issues emerging out of the consultation on LARR Bill, 2011

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    Dear Friends ! Greetings From USDWM ! Thank you for a very good report which has included most of the Dalit concerns with proper perspective. The core
    Message 1 of 1 , Aug 30, 2011

     Dear Friends !

    Greetings From USDWM !

    Thank you for a very good report which has included most of the Dalit concerns with proper perspective. The core committee meeting of Unorganised Sector Dalit Workers Movements- USDWM was held at Lucknow to discuss on LARR 2011 and we tried to attempt to draw some of the left out areas in the draft.

    Basis on our primary observation we have draw some points which need attention from UPA Govt and peoples movements as well.

    Therefore we appeal to all concern pleae consider these points to inculcate on the draft made by them.

    Warm Regards !

    In Solidarity !

    Arun Khote


    Unorganized Sector Dalit Workers Movement: USDWM

    (An Initiation of PMARC)

    (These are our immediate reflection on the salient feature section of the RALL Bill 2011


    Concerns on LARR Bill 2011:

    1)                      So far all other Land related Act has been devoted to the reforms but this Bill is only talking about Land grabbing.

    2)                      The basic objective and long pending distribution of the land to the SCs to ensure access in the land has been deliberately and completely ignored in the proposed LARR Bill2011.

    3)                      LARR Bill 2011 dose not clarified its position on land demarcated for distribution among SC /ST and  has been remain undistributed so far.  Bhudan Land, Mahar Vatan Land, Panchami Land, Waste Land, Common uses Land had been allocated for SC/ST but distribution of all these land are pending since long.  LARR Bill 2011 must come out with a clear position that How this Bill will compensate SC/ST. Long pending of Land Distribution will prevent SCs from the entitlement as “ LAND OWNER” benefits as well.

    4)                      Majority of Scheduled caste has been   cultivating common uses land, waste land, Govt Land, grazing land or the land which does not belongs to them on govt records. The LARR Bill does not clearly ensuring rights of this section of SCs.

    5)                      A major section of the SC/ST have been engage  in the non cultivation/ non agriculture works and they do not have direct links with the agriculture as historically SCs are deputed in the traditional customary works/ jobs .

    6)                      SCs are still away to get benefits of Forrest Right Act,2006 due to the condition drawn in the Act that SCs have to prove their tenancy for 75 years or three generation. As many more SCs hamlets were not part of the revenue villages for long so that it is not possible to place documentary proof.  It is also significant that due to the historical reasons SC communities had no access in the village panchayat too. Therefore all SCs who are settled in the Forrest area till 2006 should be benefitted in the LARR Bill 2006 as “ LAND OWNER”.

    7)                      Most of the SCs families are still living as a joint family. Therefore it is very important that each           married couple/ widow woman should be treated as an independent unit.

    8)                       46% SCs are agriculture workers in the rural India. Still the education level is very low as compare to national level and compare to other communities. Majority (around 95%) of SCs are still coming under the unskilled labor category. There livelihood is fully depend on agriculture only. They will be eliminated from the job opportunities proposed in the bill

    Scheduled caste  Demands on LARR Bill 2011

    Sr No.

    Draft Ref./ Title

    Draft Provisions

    SC/ST: Demand/ Suggestions




    A Comprehensive Compensation Package (Schedule II)

    Page No 11- Point 4


    A one-time ‘Resettlement Allowance’ of Rs 50,000 to SCs


    A onetime resettlement should not be less then Rs. 5 Lakhs.


    Minimum Rs 5000 or minimum wages of center govt should be given in the first two years to the SCs family.


    Minimum wages per month per family as annuity for 20 years, with appropriate index for inflation should be given to each SCs family. A pension provision for the widow of the concern person should be introduced.





    A Comprehensive Compensation Package (Schedule II)

    Page No 11- Point no 6


    Mandatory employment for one member per affected

    family or 2 lakh rupees.


    As more than 46 % SCs are agriculture laborers and majority of SCs  are not at par for the job in the private sector. Therefore instead to provide job or cash Govt. have to provide minimum 5 acre fertile land to the SCs along with Rs 2lakh for the






    Compliance with other Laws: Page No 14 point no 2


    The Scheduled Tribes and Other Traditional Forest

    Dwellers (Recognition of Forest Rights) Act, 2006


    It is unfortunate that SCs have been denied for the Forrest Act benefits through the condition place in the Forrest Act2006 Act 2006. Therefore All SCs who are living in Forrest till 2006 should be incorporated in the benefits.





    Process Flow: Pre-Notification Page No.15


    Social Impact

    Assessment (SIA)


    There should be an expert on SCs community to conduct impact on SCs.



    Process Flow: Pre-Notification Page No.15


    Legitimacy of ‘Public

    Purpose’ and SIA is

    approved by CS




    There must be 75 % consent of  SCs. Apart from the general category.




    Notification: Page 15


    Public Hearing


    Minimum   participation of SCs should be 1/3 in the  panel and it  should  ensure minimum 75 % SCs participation in the public hearing.





    nstitutional Structure: Page No 16


    Center: National LA&RR

    Dispute Settlement




    There must be representation of minimum one member of NCSC in the authority.





    Center :

    National Monitoring




    There should be minimum 1/3rd member from SCs in the monitoring committee




    Institutional Structure: Page No 16


    State : State LA&RR

    Dispute Settlement



    There must be representation of minimum one member of NCSC in the authority.





    Institutional Structure: Page No 16


    State : National Monitoring


    (Needed to be add)


    As Land is more a state issue therefore it is important that there should be state monitoring committee with the 1/3 representation of SCs.





    Institutional Structure: Page No 16


    State :Chief Secretary


    There should be a state advisory board in the center and state both with proper authority. Enact advisory board must have minimum 1/3 members from the SCs community. 50% members in the committee should be from social groups.





    Project Level : Page No16


    R R Committee


    Minimum 1/3 member from SCs social groups  in the civil society representation. OR A special R& R Policy for the discriminated group.







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