Santhal Paragana Tenancy Act, 1949 : Overview and issues

Colonial Background:-

Administrative division of Santhal Parganas covers the geographical area of Rajmahal hills, and valleys and plains area along the hills. This area was never under jurisdiction of any of the rulers before the arrival of colonial power, more so Damin–i-koh area ( Jungelarry tracts). This area was semi-independent country under Pahariya tribes

.The East India Company introduced extractive zamindari system through Zamindars of Sultanbad (Maheshpur) and Ambar (Pakur) to maximise land revenue and also introduced market and monetary economy into the primitive tribal economy in the 18th century.

These Zamindars, traders, money lenders, contractors, other service providers and company employees started exploiting the innocent tribal and evicted tribal from their own land. This led to Pahariya Sirkars in 1777-78 and more famous Santhal Insurrection (popularly called Hul) of 1855-57.

During this time, British introduced a special system of administration and for this Act XXXVII of 1855 was passed to suppress this tribal dominated political unrest rather than going to root to solve the problem. This deregulation act removed the operation of the general laws and regulations from this region.

This area was separated from the district of Bhagalpur and Birbhum and a separate district of Santhal Parganas was formed. Similar tribal upraising happened in other tribal areas of India in an unconnected way and unorganized way against the colonial suppression and interference in their livelihood and culture

 

Features :- 

Land tenancy denotes the terms and conditions upon which a tenant holds land of the landlord. The tribal unrest like Santhal insurrection (1885-87) due to alienation of land and exploitation by market players like traders, money lenders and the non-transferability of land tenancy was introduced in the agrarian case laws of this division during McPerheron's settlement in 1900. This provision was finally included in section 20 of the SPT Act, 1949.

This non-transferability was introduced in the tenancy laws of this division, not for the economic development and welfare of tribal themselves but as a tool to prevent tribal unrest and secure administration in this region. This primitive land tenancy is not only applicable to tribal and tribal land holdings but also non-tribal and non-tribal land holdings of this division. According to section 20 of SPT Act 1949, no transfer by a raiyat of his right in his holding or among person thereof, by sale, gift, mortgage, will, lease or any other contract or agreement empress or employed shall be valid.

Under Section 42 of this Act, the Deputy Commissioner (Collector of the district) may at any time either at his own motion or on application made to him pass an order for eviction of any person who has encroached upon, reclaimed, acquired or came into possession of agriculture land by a summery proceeding. Under this Act, in all villages, hereditary village headmen (Pradhan/Mulraiyat) were appointed even though non-tribal never had village headman in their society. They brought under the Pradhani/ Mulraiyat intermediary land revenue system.

In other words, the concept of ownership of land does not exist in this division, raiyat having only occupancy right with the right of inheritance. Acquisition of immoveable property like commercial building, houses, agricultural land for non-agricultural purposes, land for medical and educational facilities are prohibited in this division which became hindrance for skill development and private entrepreneurship.

This tribalisation of non-tribal communities, primitivism of tribal communities led to status quo maintenance in this region and lack of infrastructure for education, health, manufacturing and commercial agriculture. Adding further hindrance to the development of education, Government of Bihar nationalised all private schools in this region except Christian missionary schools, Muslim madarsa in late 1970s and early 1980s.

In a single stroke, private teachers who were highly respected and social workers became highly paid government teachers without any interest in teaching and no management control at school level. Only quality educational institution functioning in this region are Christian missionary schools, that to, up to secondary level.

 

Impact on Education :-

Barrier to education are poverty, non-availability of educational institutions, qualified teachers, lack of school management systems and small scattered and hilly settlement, etc. The non-transferability of land holding and hereditary village headmen system become hindrance for growth of small villages into big villages either through migration of people from small villages to larger villages or integration of various tribes/clans and growth urban centers in these scheduled areas.

These small villages and tolas failed to generate minimum critical strength for students for proper functioning of schools and or appointment of more teachers.

The introduction of Sarva Shiksha Abhiyan since 2001 constructed primary school within one Kilometers from habitats, upper primary school within two Kilometers from residence, and higher secondary school within five Kilometers from residence.