By Raju Solanki || 21 May 2018
Last year just around this time, some Dalits from village Khanpar of district Morbi knocked on my door. Eyes were sleepy and tired, clothes were crinkly and dusty. Started at midnight, they restlessly, travelled whole night, covered more than 200 km. In pale, quivering voice one of them narrated their agonising story: a spectre squeezing lives of millions of Dalits in villages of Gujarat.
Their graveyard was demolished by dominant Patels of the village claiming that the land in question belonged to their forefathers’. In fact, Patels wanted to build their own community hall on the graveyard of Dalits and even after a considerate, diligent process of naming the land as the graveyard on revenue record, Patels were trying to make the land ‘disputed.’
I immediately sat down to write a complaint on the basis of all the documents: the resolution of village panchayat to allot land for the graveyard, the map showing the measurement of land, a record of rights no. 6, application to the collector, ‘no objection certificate’ of the land officer, the checklist of circle inspector, the checklist jointly filled by TDO/Mamlatdar, letter of deputy collector allotting the land. The whole legal process was duly followed. But, a letter written by Mohan Kundariya, the MP of BJP to the collector derailed the entire process. Collector I K Patel sent the file to Gandhinagar for the second opinion.
I drafted the complaint against the collector and his deputy under section (1) (za) and section (1) (f) of Scheduled Caste and Scheduled Tribes (prevention of atrocities) Act, 2015. In the complaint, I mentioned the historical truth highlighted by Dr Babasaheb Ambedkar in his book, ‘Untouchables or children of India’s ghetto.’ In the third census in the year 1901, the census commissioner decided ten criteria to identify untouchables and ninth criteria was that, ‘they bury their dead.’
Next day we met Mr Atmaram Parmar, the minister of Social Justice and empowerment in Gandhinagar. The first reaction of the minister was insulting. He asked Dalits of Khanpar why they bury their dead instead of cremating. In Indian villages, since centuries Dalits have never been granted even a centimetre of land where they can fulfil last rites of their kith and kin. Like Muslims and Caste Hindus there is no definite place for burial/crematorium of Dalits. Hindu civilization has never cared for sentiments of Dalits. And here a Dalit minister of BJP was suggesting his own community people do the impossible.
As the minister was not ready to take action against the collector, High Court was the last resort. I requested my advocate Girish Das to take up the case and he filed special civil no. 22244 of 2017 in which state of Gujarat, collector and mamlatdar of Morbi, additional chief secretary of the revenue department and sarpanch of Khanpar village were made parties. On 22 December 2017, Justice R. M. Chhaya passed oral order, on the basis of the prayer of the petitioner, directed additional chief secretary revenue department to direct the collector to see the entire procedure including physical possession of the allotted land for the burial of dead bodies. The process to be completed within 4 months from the order of these Hon’ble court failing which necessary discipline proceedings to be initiated against the airing officer including collector in the interest of justice. The Court also directed the additional chief secretary to submit the progress report of the allotment process.
Though the judgement was very clear and unambiguous, the collector of Morbi gave another order allotting land of the burial ground in the bank of a river. Threatened by villagers and intimidated by the administration, the Dalits of Khanpar again rushed to Ahmedabad. We again held a meeting with our advocate and decided that this time if anybody dies, we would not search burial ground, we would sit down in front of collector office with the dead body and would not return to our village till we get separate burial place as per our demand. A letter was also given to the collector.
Incidentally, one old man died on 9 May 2018. Dalits rushed to collector office with the dead body and sat there the whole night. Next day, collector, superintendent of police and all top officers huddled together. They have no option except granting the land for the burial ground.
This is the story of Gujarat, where BJP has been ruling since last two decades. Dalits have to fight even for a small piece of land for the last rites of their beloved.
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Last year just around this time, some Dalits from village Khanpar of district Morbi knocked on my door. Eyes were sleepy and tired, clothes were crinkly and dusty. Started at midnight, they restlessly, travelled whole night, covered more than 200 km. In pale, quivering voice one of them narrated their agonising story: a spectre squeezing lives of millions of Dalits in villages of Gujarat.
Their graveyard was demolished by dominant Patels of the village claiming that the land in question belonged to their forefathers’. In fact, Patels wanted to build their own community hall on the graveyard of Dalits and even after a considerate, diligent process of naming the land as the graveyard on revenue record, Patels were trying to make the land ‘disputed.’
I immediately sat down to write a complaint on the basis of all the documents: the resolution of village panchayat to allot land for the graveyard, the map showing the measurement of land, a record of rights no. 6, application to the collector, ‘no objection certificate’ of the land officer, the checklist of circle inspector, the checklist jointly filled by TDO/Mamlatdar, letter of deputy collector allotting the land. The whole legal process was duly followed. But, a letter written by Mohan Kundariya, the MP of BJP to the collector derailed the entire process. Collector I K Patel sent the file to Gandhinagar for the second opinion.
I drafted the complaint against the collector and his deputy under section (1) (za) and section (1) (f) of Scheduled Caste and Scheduled Tribes (prevention of atrocities) Act, 2015. In the complaint, I mentioned the historical truth highlighted by Dr Babasaheb Ambedkar in his book, ‘Untouchables or children of India’s ghetto.’ In the third census in the year 1901, the census commissioner decided ten criteria to identify untouchables and ninth criteria was that, ‘they bury their dead.’
Next day we met Mr Atmaram Parmar, the minister of Social Justice and empowerment in Gandhinagar. The first reaction of the minister was insulting. He asked Dalits of Khanpar why they bury their dead instead of cremating. In Indian villages, since centuries Dalits have never been granted even a centimetre of land where they can fulfil last rites of their kith and kin. Like Muslims and Caste Hindus there is no definite place for burial/crematorium of Dalits. Hindu civilization has never cared for sentiments of Dalits. And here a Dalit minister of BJP was suggesting his own community people do the impossible.
As the minister was not ready to take action against the collector, High Court was the last resort. I requested my advocate Girish Das to take up the case and he filed special civil no. 22244 of 2017 in which state of Gujarat, collector and mamlatdar of Morbi, additional chief secretary of the revenue department and sarpanch of Khanpar village were made parties. On 22 December 2017, Justice R. M. Chhaya passed oral order, on the basis of the prayer of the petitioner, directed additional chief secretary revenue department to direct the collector to see the entire procedure including physical possession of the allotted land for the burial of dead bodies. The process to be completed within 4 months from the order of these Hon’ble court failing which necessary discipline proceedings to be initiated against the airing officer including collector in the interest of justice. The Court also directed the additional chief secretary to submit the progress report of the allotment process.
Though the judgement was very clear and unambiguous, the collector of Morbi gave another order allotting land of the burial ground in the bank of a river. Threatened by villagers and intimidated by the administration, the Dalits of Khanpar again rushed to Ahmedabad. We again held a meeting with our advocate and decided that this time if anybody dies, we would not search burial ground, we would sit down in front of collector office with the dead body and would not return to our village till we get separate burial place as per our demand. A letter was also given to the collector.
Incidentally, one old man died on 9 May 2018. Dalits rushed to collector office with the dead body and sat there the whole night. Next day, collector, superintendent of police and all top officers huddled together. They have no option except granting the land for the burial ground.
This is the story of Gujarat, where BJP has been ruling since last two decades. Dalits have to fight even for a small piece of land for the last rites of their beloved.
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