Tribal settled in tea gardens for last 180 yrs intensify agitation for ownership rights on the land

Kolkata: Tribal of about 245 tea gardens in Nepal, Darjeeling, Jalapaiguri, Siliguri and Terai have intensified their demand for ownership rights on the land under constitutional rights in the tea gardens where they have been settled for 180 years.

Hundreds of leaders of tribal society and community organizations working in all these tea gardens in Matigara demanded unanimously from Mamata Banerjee’s Bengal government that “we, the tribals of the tea gardens, should be given Khatian based identity and ownership rights on the land”.

In the two-day seminar organized by Human Life Development and Research Center (HLDRC) held in Siliguri Matigara, Jharkhand activist Prabhakar Tirkey, former TSC member Ratan Tirkey and advocate Mahendra Peter Tigga were specially invited to participate and support the movement.

Mamta silent on tribal’s demand

It was said in the two-day meeting that the tribals living in the tea gardens for 180 years had repeatedly appealed to the Bengal government that all the tribals working in the tea gardens should be given Khatian based rights on their land.

But Mamata Banerjee’s Bengal government has not given any answer till now. The tea garden agitators told that Mamata Banerjee’s Bengal government is talking about giving us tribals a lease of 5 decimal land which is not fair and we are not ready to accept it. The government wants to destroy the constitutional identity of the tribals of the tea gardens.

Khatian based identity

Tea garden leader Rajkumar Kashyap stressed that the tribals of the tea gardens have now become aware of their constitutional rights and now we will all together get Khatian based identity i.e. Khatian based land rights!
Prabhakar Tirkey said that when the scheduled areas were being determined in the country, the tribals of Bengal were left out as part of a conspiracy. Whereas this area fulfills all the criteria to be included in the list of scheduled areas.

He said that if the tribal areas of Bengal should be included in the fifth schedule or sixth schedule of scheduled areas, then the President has the right to do so.

Land rights based on Khatian and not lease to the tribals

Former TAC member Ratan Tirkey said that the tribals settled in Bengal tea gardens for years and other castes settled here from other parts of Jharkhand have kept the tribal traditions, customs, language, food habits, lifestyle and their customary system alive for 180 years till date. That is why Mamata Banerjee’s Bengal government should give land rights based on Khatian and not lease to the tribals settled in tea gardens and others.

Ratan Tirkey said that the customary law of the tribals has also been explained in Section 13(3) of the Constitution, on the basis of which Khatian based land rights can be given to the tribals settled in the tea gardens. He said that ROR Record of Rights is the document under which we tribals become the identity, hence an initiative should be taken to make the document.

Court can be approached for legal and constitutional rights

Advocate Mahendra Peter Tigga said that along with the movement, the court can be approached for legal and constitutional rights. He said that data and documents related to the entire movement should be collected and studied! Mahendra Peter Tigga said that one should not go to court in a hurry.

Dr. Joy Praful Lakra, President of All India Adivasi Liberation Front, said that the current situation of Jalpaiguri Dooars was discussed on the basis of data on the socio-economic condition of the region.

He said that the tribals of the tea gardens should agitate for getting constitutional rights in their respective areas. Dr. Joy Praful Lakra said that the tribals of the tea gardens of Assam, Nepal, Bhutan and Bengal should unite and put forward their demands in a constitutional manner.

In this two-day meeting, Fr. Pascal Khalkho, the convener of Human Life Development and Research Center, Siliguri, said that till now, the youth are running a public awareness campaign in every village to get ownership rights on the land under the constitutional provisions in almost all the tea gardens.

Fr. Pascal Khalkho said that the youth of the tea gardens are gradually becoming aware and conscious about their rights and the constitution, which is a good sign. He said that in the coming time, the data will be prepared and the government will be informed about it.

In this meeting, public representatives from Nepal including Advocate Tek Bahadur, trade union leader Gopal Ji, Advocate Purvayan Chakraborty, Professor Jon B Tirkey and youth from Human Life Development and Research Center also participated.