Memoirs
A Jungle Lore
Memoirs of the Naxalite Movement in Seventies
The Maharajadhiraj of Burdwan was the biggest Zamindar of Bengal. He had
partitioned his zaimindari into smaller mahals (estates) and settled them with
petty intermediaries. One of his mahals was almost entirely covered by jungle
and was therefore known as the Jungle Mahal. It was however reduced to bushes
and shrubs by those intermediaries by overnight felling of trees when the first
land reforms law came into effect in the early fifties. Since then soil erosion
has become a major problem in the area. With poor soil and undulating terrain
agriculture is far from remunerating. Government efforts at afforestation have
so far failed to restore the forest to its earlier shape. There is a great
concentration of scheduled caste and scheduled tribe people who used to depend
partly on free gifts of the forest for their livelihood. With the forests gone
they are now mostly landless and land-poor agricultural laborers. Ironically
this area inhabited by economically and culturally backward people is flanked on
either sides by two economically very prosperous areas of the district. Nature
has endowed one with vast deposits of minerals and the other with fertile soil
and water resources. For harnessing those resources total investment, both
private and public, in industry, mining and agriculture in these two regions has
been one of the highest in whole of India. In contrast both nature and man
appear to have been niggardly to the jungle and its poor people.
Away from the mainstream of the economic and cultural life of the district the
jungle must have remained in isolation for centuries. But from the late sixties
to the early seventies it regularly featured in not only national but also
foreign news media because of the activities of the Naxalites. The inaccessible
terrain of the jungle was an ideal hideout for the Naxalites who had taken
shelter there after being driven out by the police and the army from various
urban centers. To suppress these terrorists a large number of police camps were
set up throughout the area and combing operations are conducted by the army at
regular intervals. Other positive measures undertaken by the administration to
win over the tribals from the Naxalites are improvement of transport and
communication by building roads, setting up schools, health centers, small
irrigation schemes, afforestation and implementation of land reforms.
One winter morning I took with me the Sub-Divisional Land Reforms Officer in
whose jurisdiction the jungle falls. We took a road under construction by the
Public Works Department which will be the first metallic road connection between
the jungle and the main industrial centre of the district. Along the road we
found small parties of contractor's laborers working on the read and none of
them was a local recruit. At our first stop at a village inside the jungle we
met one Mukherjee, a descendant of the local Zamindar family who, though neither
a contractor nor an overseer, was supervising the work to ensure that it was
properly done. Approximately 30 acres of land in a compact plot lying fallow by
the side of the road and owned by the Mukherjees could not be brought under
cultivation for want of irrigation. Mukherjee pleaded for sinking a deep tube
well so that the plot and its surrounding lands could be cultivated. About an
acre of that big plot had vested in the Government. A few huts were constructed
there by the Block Development Officer for homeless persons who however
demolished them shortly after they were built on the understanding that Govt.
would build pucca houses for them. What a contrast indeed! One throws away and
the other picks up. Mukherjee is acutely aware of the immense range of
satisfaction that modern civilization can offer him and he is clever enough to
establish tactful contacts in order to manipulate the channels of economic
development towards him and his kinsmen, whereas the homeless persons, most of
whom are tribals, demolished the huts which were built for them. This may be
conveniently termed as cultural lag between the two sections of the community
but I would like to call it cultural determinism i.e. whatever development
efforts are made in the area and whatever measures are taken to ensure
distributive justice to the underdogs, this cultural determinism will determine
the flow and ultimate destination of the fruits of development. We stopped at
the next village where two field camps were set up for conducting survey and
settlement operations. Here we met the two Kanungos in charge of those camps.
While reporting the progress of their work they mentioned a case of eviction of
a sharecropper in an adjoining village. I decided to meet the sharecropper.
II
When we reached the house of Heba Muchi we found his wife busy spreading about
8/10 kilogrammes of parboiled paddy for drying in the sun on a small compound in
front of her hut. She was wearing a saree - actually a few pieces of cloth of
indeterminate color kept together by knots - and her two small undernourished
children were sticking to her like lice and whining all the time. Her husband
had gone to a market beyond the river for weekly marketing while her eldest son
aged about 13/14 years was also absent as he was employed as a mahindar
(salaried labor) in a household in the next para (cluster of houses). On our
arrival a small crowd had collected which consisted of two or three old women,
two men - one being the brother of Heba aged about 28 but looking much older and
another Haran Muchi and a few children. The Muchipara where these people live is
very small and set apart from the rest of the village. I took my seat on a
knee-high earthen wall and started my enquiries. When one of the officers
introduced me to the crowd Haran tried lo slip away but I asked him to stay on.
Of all the families of muchipara only Haran owns about 20 bighas of land while
others are landless. By much persuasion I could make Heba's wife sit near me.
When I tried to get the story of Heba's eviction none could give me a
comprehensive statement. While all were answering my questions all at a time
Haran Muchi kept his mouth shut from the beginning to the end. I then thought it
better to talk to Heba's wife alone. I took her hands in my hand in a gesture of
assurance but she had no words. Only tears welled up in her pale bewildered
eyes. From what she said in reply to my repeated queries and at the urgings of
the old women I could gather that Heba had been cultivating for the last few
years about 10/12 bighas of land as kishan (a kind of sharecropper) of the
landowner Gosain of Bamunpara of the same village. But last year the malik
(landowner) became unkind to him which Heba realized for the first time in
course of an incident which took place during the weeding operation in the rainy
season. When Heba was catching some small fish from the plot cultivated by him
but belonging to Gosain the landowner abused and threatened to assault him if he
dared to enter on those lands. Terrified Heba left the field and his wife rushed
to the house of Gosain with the fish caught by her husband to propitiate the
malik. She in her turn was also abused.
The next scene of the drama unfolded itself with the incident of forcible
harvesting of paddy by the landlord with the help of another of his Kishans and
some Bagdis of Bagdipara. According to the Kishani system prevalent in the area
the kishan will harvest the crop and it will be threshed in the house of the
malik. In this case Heba was not even informed though the harvesting took place
before the very eyes of Heba and his neighbors. Heba did not dare to approach
the field which is a stone's throw from his house. Realizing that she will have
to starve with her small children, Heba's wife gathered enough courage to
approach some prominent villagers as well as the Anchal Vice-President who
however advised her to be prudent and give up the idea of realizing her
husband's due share of the produce.
By this time Heba had come back from the market. He corroborated the story told
by his wife and neighbors. He also added that finding no way out he came to the
Camp Officer to get his name recorded as a bargadar (sharecropper). In all
probability he would not have done so had not his malik taken this precipitous
step. However, the Camp Officer promptly recorded him as a sharecropper and
informed the landowner, the Junior Land Reforms Officer, and the
Officer-in-charge of the local police station. The J. L. R.O. in his turn
requested the O/C to give protection to Heba. He fixed a programme of joint spot
enquiry with an officer of the Police Station who twice failed to keep it.
Without further waiting for the police officer, the JLR alone held a spot
enquiry, started a proceeding and ordered the landowner to deliver the
bargadar's share. When the landowner did not comply with his order the JRLO
lodged an FIR with the local P.S. Receiving information a police officer from
the local P.S. came to the village when crops from some of the plots were yet to
be harvested. He drove straight to the house of Gosain and Heba was sent for
through the domestic servant of Gosain. Heba appeared before the Daroga Saheb
without any delay. The proceedings which took place at the time in the house of
Gosain is unknown but the short but significant interview which took place
between Heba and the Daroga Saheb, as narrated by Heba, is as follows :
Daroga Saheb: You are Heba, aren't you?
Heba: Yes huzur.
Daroga Saheb: Do you have plough and cattle of your own?
Heba: No huzur.
Deroga Saheb: Then how do you wrongly claim yourself to be a
bargadar. You are not a bargadar. Do you know that I can arrest you
for this?
Heba: Yes huzur.
The interview was short and must have taken at best two or three
minutes. But its import and shattering impact on Heba will be lost to
one who is not placed in the circumstances of Heba and has no experience
of such an ordeal. But the strangest part of the story is that even
after this Heba had the tenacity and courage to meet the Camp Officer to
report the latest development. When the police officer came to the house
of the Anchal Vice President and was wondering how without plough and
cattle of his own Heba could be a sharecropper the Camp Officer came
forward and showed him the relevant legal provisions. The Police Officer
casually handled the Camp Officer's copy of the Act and then left the
place without any further comment. Shortly after this the O/C himself
also visited the village. Though forcible eviction of a sharecropper is
a cognizable offence under the West Bengal Land Reforms Act, in this
particular case the landowner peacefully harvested the crops from the
remaining plots and Heba did not get a single grain of his share.
III
After joining the district I had received from the Chief Secretary a
tour note of the Inspector-General of Police regarding the Kishani
system of cultivation in the jungle area. I was to examine it and
report. According to this note the I.G. and the S.P. of the district had
examined "dozens of kishans"; of the jungle and in the opinion of the I.
G. "the system is an illegal system" and though "abolished on paper" "it
is very much in force in this area". I reproduce the note which I had
submitted to the Chief Secretary :
"That the Kishani system of cultivation has been prevalent in various
forms in many parts of West Bengal since long time past is evident from
Mr. O' Mally's Gazetteer of the district adjoining ours and the 1932
Survey and Settlement Report of the same district. Curiously enough the
Survey & Settlement Report (1927-34) of this district not only does not
mention anything about the Kishani system but also describes how, in
view of the 1928 amendment to the Bengal Tenancy Act, the names of the
bargadars themselves were struck off from the records before their final
publication .On a reference made by the ADM of our adjoining district
the Board of Revenue had advised him to treat the kishans as bargadars
under the Land Reforms Act. Subsequently the then Director of Land
Records also made a micro-study of the system as it obtains in that
district. This study revealed the basic features of the system as
follows- the owner of the land supplies all inputs as advance and the
Kisban tills the land on the condition of being remunerated with
one-third share of the produce. After the harvest, the net income of the
kishan after customary deductions on account of the advances with
exorbitant interests (on certain items the rate being as high as 50%) is
reduced from nil to even negative making him totally dependent upon and
irrevocably attached to his malik. Though this is the basic feature of
the system yet it varies from locality to locality. Contiguity of the
above mentioned study area to the jungle areas of this district and the
I.G.'s experience make it abundantly clear that the system must be
prevalent in this area also in some form or other. By the 1972 amendment
of the Land Reforms Act tenurial security similar to that of the
bargadars has been conferred upon the kishans. Till this amendment the
kishans were regarded as laborers according to both legal and local
opinions and during the last Settlement Operations, undertaken long
before this amendment, they could not be recorded as bargadars. The
present Settlement operations will show how many of them are able to get
themselves recorded as bargadars. On receipt of the instant orders of
the Chief Secretary, I, along with the Settlement Officer visited the
field officers of the area and asked them to ensure the recording of all
the kishans as bargadars during the coming field season. In fine, one
thing needs to be pointed out that the greatest obstacle in the way of
recording the kishans as bargadars will come not only from the side of
the so-called jotedars but also from the kishans themselves. These must
be met by suitable measures against the jotedars if necessary and by
making the kishan independent of the jotedar's dadan (advances). But the
kishan will in all probability evade identification in order not to
displease his malik."
I had also received an extract of the S.P.'s report in which he had
commented: "Kishan is not a recognized form of tenancy under the law",
but recording them as bargadars in his opinion, would considerably
satisfy the land-hunger of the adivasi and scheduled caste population of
the jungle area. That the S. P. was ignorant about the legal status of
the Kishan is palpably clear. To remove this sort of ignorance and
confusion I issued a set of instructions to all field officers and
appended the following short explanatory note - "Here the JLROs should
properly understand the definition of a Bargadar as laid down in section
2(2) of the West Bengal Land Reforms Act, 1955. The real test of a
bargadar is his participation in cultivation in any form as well as his
sharing of the produce (quite distinct from remuneration in kind of an
agricultural laborer). Special attention is drawn to the system of
cultivation known as Kishani where the kishan participates in
cultivation supplying only his own labor and at the harvest receiving a
share of the produce. By the Amending Act of 1972 (Act XII of 1972) the
scope of section 2(2) of the West Bengal Land Reforms Act, 1955 has been
far widened (with effect from 12-2-71) to include the kishans within the
definition of Bargadars. In fact this definition read with section
16(1)(a) and 16(1)(b) of the W. B. L. R. Act, 1955 recognizes as
bargardar anybody who cultivates somebody else's land on condition of
sharing of the produce. All Field Officers and the JLROs in particular
should be vigilant to ensure that all bargadars of this area are
recorded during the present revisional settlement operations. For
various reasons the bargadars are shy and do not come forward on their
own to get themselves recorded as bargardars. Often in many cases some
gather enough courage to get their names recorded as bargadar in the
field khasra, but before final publication submit, presumably under
pressure, Estafanama or "Nadabi Patra". Such cases should be dealt with
as per procedure laid down in section 20B of the WBLR Act, 1955. In the
jungle areas of this district difficulties of a peculiar kind may be
encountered. There the local police should be informed well in advance
for necessary co-operation and help". In addition to these I had also
circulated a summarized version of a case-study of eviction of bargadars
made by the Director of Land Records and a note prepared by me on it
pointing out the blunders of different officials, suggesting appropriate
actions and need for co-operation amongst the Field Officers of various
departments. The last but one paragraph of the note is as follows—
"The role of police in the present case is not known. They must have
known by this time that the so-called jotedars often harass the
bargadars by filing false criminal cases against them. Only discreet
enquiries can reveal this. Such cases must be on the increase,
especially during the current revisional settlement operations. Whenever
any FIR is lodged, the O/C of the P. S. can ascertain whether it is a
case in which a jotedar is bringing a false allegation against his
bargadar not through local enquiry alone but also by a reference to the
latest land record. This is a procedure which has been laid down neither
in the Cr. P. C. nor in the Police Regulations. In order to afford help
to the weaker sections of the society like the bargadars the police have
to go out of their traditional track and work jointly with Land Reforms
staff".
I sent a copy of this to the S.P. also and I reproduce his replies below
--
"Kindly refer to your memo of 6th instant. The role of the police in
matters of land dispute and in cases of Bargadars has been clearly
laid down by a Government Order, in which it has been stated that in
case of dispute between the landowner and his Bargadar, the matter
should be immediately referred to the JLRO. The police should take
immediate action in accordance with the opinion given by the JLRO
i.e., if the JLRO gives his opinion in favor of the cultivator as
Bargadar, then he will be given due protection. The police is acting
on this instruction of the Government.
As
regards apprehension of breach of peace due to land dispute or
rioting cases arising out of land dispute, police takes the opinion
of the JLRO to ascertain the ownership of the land and actual
cultivators, and then acts in accordance with law.
I
think these Government Orders are sufficient for the police for
protecting the interests of the Bargadars,"
Government issue orders and circulars similar to those mentioned by the
S.P. every year on the eve of harvesting season. The District Magistrate
desired me to make a synopsis of all such orders and circulars issued by
the Government since 1967 in order to circulate them amongst the field
officers including the Officers-in-charge of police stations in a
meeting to be held by him. In that meeting the District Magistrate had
discussed at length the legal provisions regarding the Bargadars and
specially mentioning that forcible eviction of a bargadar is a
cognizable offence under the L. R. Act. There is no dearth of laws,
rules and directives for us to follow, but understanding the spirit
underlying them all apart the fact that how easily we can afford to
remain ignorant and ignore the words of law makes me refer to Gunnar
Myrdal - "The underdeveloped countries are all, though in varying
degrees, 'soft States'. This stands out as a significant feature among
other conditions that together make a country underdeveloped.
The 'soft state' is understood to comprise all the various types of
social indiscipline which manifest themselves by : deficiencies in
legislation and in particular law observance and enforcement, a
widespread disobedience by public officials on various levels to rules
and directives handed down to them, and , often their collusion with
powerful persons and groups of persons whose conduct they should
regulate. Within the concept of the "soft state" belongs also corruption
* * * * These several patterns of behavior are interrelated in the sense
that they permit or even provoke each other in circular causation having
cumulative effects."
IV
Hailing from the same urban background the two young officers have been
engaged in the same arduous job of Settlement Kanungoes of the two
adjoining camp offices in the depth of the jungle. They have become very
friendly and whenever possible they spend their off time together. One
day around 7 p.m. when they were thus strolling together along a village
road they were chased by a group of people, one of whom they could
identify. The same evening one Haripada abused the Camp Officers and
threatened them to assault with chappals (slippers) in presence of many
villagers because they had recorded bargadars in his land. Complaint was
lodged with the local P. S. and the police came for investigation next
day and according to the Camp Officers, got corroborative evidence from
at least two eye witnesses. The result of the investigation is not known
but nothing has happened so far to Haripada who is openly abusing the
Camp Officers. These officers appeared to be very apprehensive. Had they
remained unemployed who knows whether they, like so many frustrated
youths of this generation, might not have swelled the ranks of the
lawless Naxalites and roamed the forest fastness of the Jungles? Instead
they are now the part and parcel of the law enforcing machinery. But
still they find themselves unwanted like the Naxalites.
Today or tomorrow the Settlement Operations in the Jungle will be over
and these officers will leave the place. But what is in store for the
Muchis? Will the land-owners put up with their audacity? After the
Kanungoes are gone, how will they settle their accounts with the
Muchis?- by bringing false cases, both civil and criminal, against them?
or by some other direct methods? Will anybody stand in such perils by
their side?
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