JMM urges President not to agree on ordinance promulgating amendments in tenancy acts

The JMM, and all opposition parties, have opposed the changes being sought by the state government on the ground that they jeopardised the tribals’ rights on their land and would favour the land sharks. Primarily, the changes made in the CNT and SPT Acts pertained to granting the right to the tribal to sell it to a non-tribal for a certain purposes like setting up of schools, hospitals, besides even commercial establishments like malls etc.

The delegation, led by party chief Shibu Soren, executive chief Hemant Soren and several other MLAs and MPs submitted a memorandum to the President in this regard.

The memorandum said: “There are adequate existing provisions for setting up of big industries and implementing other development projects. It is under these provisions that big industrial units have been set up and are working. Then, under what intentions is the state government trying to make changes, while not wanting to discuss it in the House.”
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It further drew the attention of the President pointing out that the Ordinance to bring in the amendments to the CNT and SPT Act was brought on June 28, the same day when the state government had decided to convene monsoon session beginning less than a month later. The monsoon session was held from July 22-29.

“Also, the government had claimed that it had acted on the recommendations of the Tribal Advisory Council. However, when the issue was raised in the Assembly, the minister concerned could not give an answer about when the meetings were held with the TAC on these recommendations,” said the memorandum.

The memorandum then went on to request the President to return the ordinance without giving his assent.

At least 17 of the 24 districts in Jharkhand come under the CNT Act, 1908, and SPT Act, 1949. These Acts were supposed to protect the tribal from exploitation and swindling – leading to them being rendered landless and forced to migrate. The Raghubar Das government decided to bring in crucial changes in the Act, the primary among them being granting the tribal the right to sell it to a non-tribal for different purposes. Under the previous provisions, a tribal could sell his land only to a tribal from within his police station area. Also, he required to seek permission from the Deputy Commissioner, who needed to be satisfied that the seller was indeed facing an emergency.