Tribals fear that if the Jharkhand government proceeds with the annulment process, non-tribals will get an opportunity to use their land. Tribal leaders claim that annulment of the ULCA will also result in paralysing the CNT Act, 1908.
LAND CEILING and land reforms has been a controversial issue in tribal dominated states like Jharkhand. Just before the assembly elections leaders debate whether repealing of the Urban Land Ceiling Act (ULCA) by 2011, will be beneficial to the already marginalised tribal communities.
The repealing of the ULCA was passed by the Central government in 2007, under the Central Urban Land (Ceiling and Regulation) Repeal Act (CULRA) 1999.
Tribals fear that if the Jharkhand government proceeds with the annulment process, non-tribals will get an opportunity to use their land. Tribal leaders claim that annulment of the ULCA will also result in paralysing the Chota Nagpur Tenancy (CNT) Act, 1908 and the Santhal Pargana Tenancy (SPT) Act, which ensures tribal land rights.
"If the ULCA is cancelled tribal security and interests will come under the guillotine. Yes, there is a need of industrialisation in the state but not at the cost of tribal sentiments," said Dulal Bhuiyan, former Land and Revenue Minister of Jharkhand and senior leader of the Jharkhand Mukti Morcha (JMM) who is in fray for Jugsalai assembly seat.
He also added that only two weapons that the tribals today have to protect their identity and their land from non-tribal are the CNT Act and the SPAT which will affect the two laws.
Under the CULRA, the government of Jharkhand will get a relief assistance of Rs 50 billion under the Jawaharlal Nehru National Urban Renewal Mission (JNNRUM).
Basko Basra, Congress candidate from Kharsawan constituency said that the CNT Act doesn't allow a tribal to sell his land to a non-tribal or for any commercial purposes. This has resulted in tribals remaining as a marginalised community in their own state. He added that it is important that tribal interests are protected but that they should also get an opportunity to diversify the use of their land from depending merely on agricultural activities.
"The CULRA will come into implementation under JNNRUM scheme of the Central government. This act is in the general interest of the masses and is an opportunity for the overall betterment of the state," said Raghuvar Das, state Bharatiya Janata Party president and Jamshedpur East assembly seat candidate.
If the UCLA is not repealed by 2011, there is a fear that the state will lose out on the relief package under the JNNURM scheme.
"The CNT Act should have such amendments that allow a tribal to sell of his land and increase sustainability and standard of living. There should be policies which give a win-win result for the government and the tribal community. This will allow industrialisation and employment in the state," said Arjun Munda.