Benami Transactions

 

Benami Transactions

Benami transactions (Prohibition Amendment) act 2018 is a modified version of the same of 1988. The idea behind such an act is to prevent benami transactions. Benami transactions in cities are of course a huge problem because of cost of land and cities are a lot more higher than is the villages. An honest survey will reveal that there are lots of constructions are made on Benami land. In the absence of a real proper record keeping system powerful people have used all the provisions in their benefit. They also occupied the common land in a big way. The tank, the river bed, the gracing land, everything is in the hands of powerful lobbies. I am told after tsunami poor people are moved away from the seashore sighting future risk involved if they continued to stay there. But the same land is now given to business people to promote tourism. Land is a very complicated issue in India and all the land laws are violated. There is a lot of corruption involved in land transaction. Take the example of Karahal village in Shivapurkalan district of Madhya Pradesh. This is the 5^th schedule area and the land was suppose to be protected so that the adivasis of that area can also be protected. If you go and look at this place were now you can see people from outside specially from other states occupying large areas of land. The entire sahariya tribal’s belt from Gwalior to Guna is taken over by large farms, large tractors, and large harvest machines. You can wonder how did and adivasi area get transformed into a most modern agriculture belt. Powerful people have used force, drugs, and other corrupt practices to get adivasis out of their land and occupied their land. Political parties of all color are with the powerful lobbies.  During my visit to Shivapuri local journalists told me that there are thousands of benami transactions in that area. A serious effort need to be made to identify the benami transactions and restore the land to the original owner. We can only wish such a thing should happen.

I was happy to read that 2.5 lakhs acres of panchami land is identified in Tamilnadu. The dalit community of Tamilnadu was fighting for this for long time. According to the report about 35% of this land is occupied by others who also not from the scheduled caste. I hope this land will be distributed to the poor people before get occupied by powerful lobbies.  The fear is also that the govt. may decide to give to the industries. In Kerala large area of land was identified and this is the land from the plantation companies were the lease period is over. In spite of repeated demand by landless people there is no move from the side of Govt. to give land to the landless. Much of the land will go to tourism and five star hotels rather than to the poor people to produce food.

I was part of a webinar on housing rights. Millions of people in cities and rural areas are struggling for a piece of land to put up a roof that they can own and will not be demolished by the bulldozers. The UN Reportier for housing for housing rights have submitted their report about the pitiful condition in which poor people will live and also the problems they face when the so-called illegal colonies get demolished. Housing right whether it is urban or rural area, this is very much attached to the dignity and security of people. during the Jan Satyagraha when one lakhs people walked to Delhi, a homestead and land right act was drafted whereby we wanted every landless and homeless person to receive 10 cents of homestead land, In-spite of repeated request for the last eight years the govt. shown no interest to proceed with this draft bill. We are faced with the serious situations that the Govt. will not give land to poor people. The Govt. no capacity to protect the land of the poor and the govt. is either demolishing or supports the powerful lobbies to take the land away from poor people. We always said that the role of govt. should be protection and promotion that will mean protecting the land of poor and promoting the ideas of land reforms so that more people can work on land.

Back in 2008 I remember Mr. E.P. Menon wrote about an nonviolent revolution in Making, he was so impressed by  the large action of 2007 were thousands of people walked all the way from Gwalior to Delhi and finally  the Govt. of India agreed to set up a national land reform council headed by the Prime Minister. The poor people of India also expected a nonviolent revolution leading to a radical land reform. Unfortunately the system is to be in the hands of powerful lobbies. They want every inch of the land of this country; they used all the means to get it, whether legal or illegal.  Interestingly Gandhi could foresee this during his lifetime. He want that if the problem of poverty and inequality is not addressed with in a period of time India will find it difficult to avoid a civil war. As we are celebrating 150 years of Mahatma Gandhi can we get back to the real agenda of land reforms? Covid19 is giving us an opportunity to become vice and reorganize our   development and economic system. I hope wisdom will prevail.

(Rajagopal.P.V)