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Evicting people from their lands is not development: Lakshadweep MP Mohammed Faizal

Mohammed Faizal Padippura, Member of Parliament, Lakshadweep in an interview to The News Minute explains the current situation in the islands.

Written by : Haritha John

Fear and insecurity has permeated the people of five islands in Lakshadweep as the administration has initiated steps to notify the land they have cultivated for generations. The present administrator Praful Khoda Patel, a former MLA from Gujarat and a close ally of PM Narendra Modi and Union Home Minister Amit Shah, in a marked departure from the stance of the earlier administrators of Lakshadweep, has signalled his intention of acquiring these lands and ignoring the hereditary rights of the locals.

The current major threat to the people of Androth, Kalpeni, Kavaratti, Agatti and Minicoy islands face, is over their hereditary power on Pandaram lands, the uninhabited areas of the islands, which are owned (doesn’t have title deeds) by local families for cultivation. The administration has published the notification to take over 52 lakh square metres from the islands which includes inhabited and uninhabited land.

Mohammed Faizal Padippura, Member of Parliament, Lakshadweep in an interview explains to TNM about the current situation in the islands.

What are Pandaram lands? Who owns them?

It is said that some islands of Lakshadweep have been inhabited since the 13th century AD. The islands of Ameni, Kadmat, Kiltan, Bitra and Chetlat were under the control of Tipu Sultan prior to the British. People in these areas have complete ownership of the occupied and uninhabited lands and they have documents to show this. The other four islands of Androth, Kalpeni, Kavaratti and Agatti were ruled by Arakkal Beevi (Arakkal royal family in Kannur of Kerala), before the British era. Minicoy island was independent then. During the rule of Beevi, people lived in the central region of the islands to escape pirates and high tides. The land around this inhabited area was controlled by Arakkal Beevi based on an agreement with the local people. The land was later given to people for cultivation and farming purposes. In the agreement with the Arakkal Beevi, the Kaul (lessor) and Kauldhar (lessee) were named as owners of these lands. That means those who possess them and those who got it by transferring. During British rule, Minicoy also joined these four islands. The Pandaram land is applicable only to these five islands of Lakshadweep.

In 1965, the first Lakshadweep revenue and tenancy regulations were framed. The ownership of Pandaram land was clearly mentioned in three criterions. One, Kauldhars who possessed the land before 1965 had the right to ownership; two, whoever possessed the land in 1965, even if they got it through transactions or inheritance had the right to ownership and also whoever got the land from the administration were also eligible to own the land. But, the subordinate legislation (1965) prepared by the administration stated that the land cannot be transferred or sold outside families and that it can only be inherited. That was a mistake on their part. But nobody noticed that and without knowing this issue, a lot of people conducted land transactions after 1965.

In 2019, the union government had taken all steps to provide the ownership deeds to whoever had the Pandaram land in possession. They even passed the amendment to the regulations and published the changes in the gazette. The rules and regulations of the amendment were framed and the administrator had to just sign that. That is when former administrator Dineshwar Sharma died and Khoda Patel took charge. He reversed the stance of the earlier administrators and notified pandaram land as government land and decided to take it despite the amendment being approved at the different central ministries. Now the administration is acting against these approved regulations, which is a violation.

Did the administrator try to convince the people?

There has been no consultation or interaction with the local panchayats and the people before issuing the notification. Patel has tried to encroach the land owned by common people like an autocrat. Fifteen months ago, they had an outreach program in the islands, where they played videos and showed projects trying to manipulate the people. On the other hand, that took away all the power of the panchayats. The attitude of the present administration is that people should watch what they are doing and not have any stake in it. I had boycotted the event. We will not allow the administration to acquire our land, until there is a legal system in place here. The 1965 regulation of Lakshadweep clearly mentioned that pandaram belonged to the people. In the papers with the government, it's been clearly mentioned the respective land owners’ name.

How are they applying CRZ rules, which is also a controversy now?

All of a sudden, they have started to maintain the coastal regulatory zone (CRZ) rules. According to the rules, a 20 metre distance from the sea shore has to be maintained for construction. But they are not checked how much land the inhabitants have lost to sea erosion. According to the law, if the inhabitants lose their land to soil erosion, then the government must provide compensation. They haven't done that. Moreover, they started to mark new boundaries at 20 metres from the present high tides, without considering the sea erosion or when the boundary stone was laid. They did not conduct any studies to check how much land was lost in sea erosion. That study should have been conducted in 2016. We have lost so much land to sea erosion in the last six years.

There have been a lot of issues ever since the administrator took charge….

Yes, contract workers are still being laid off. Almost 2,400 islanders lost their jobs after the new administrator took charge. They have not created any employment opportunities after that. New colleges were started, but no staff were appointed. There is only one veterinary doctor under Lakshadweep administration for 10 islands. There are only five dental doctors for 10 islands. Dairy farms in the islands were closed down as Khoda Patel decided one fine day that it was not necessary. There were for poultry and livestock farmers, to feed at subsidised rates. There are not enough ships at present. We get only one or two ships to the islands in a month, from Kochi. The administrator is not signing the documents for the repairing of damaged ships. Even the connectivity to the mainland has been denied.

The administrator claims the new reforms are for the betterment of the islands. How do you respond to that?

The development where the people of Lakshadweep can feel and incorporate is what we needed. But what is happening here is trespassing on their properties and forcefully taking it over and sidelining the people completely. What is happening here is the devil's development. There were many instances where people of Lakshadweep have given land to the government free of cost for development. In Androth Island, my family gave land to the government 75 years ago without any compensation. Similarly, many development projects like schools and hospitals came to the islands as the people cooperated with the administration. But now people of Lakshadweep are afraid of losing their houses and habitat.

The land has been owned by the people for more than a century, over which they have all legal rights. In every venue, the Lakshadweep administrator keeps on repeating the word development, and promises that he will convert the land into something. What is the point of development after evicting people? When Dineshwar Sharma was the administrator, our present District Collector had announced that all the people of Lakshadweep would be given the occupancy rights for the Pandaram land soon. But now he acts according to the wishes of  Khoda Patel.

What kind of development is required and accepted for the Islanders?

There is dream development and devil development. Dream development is what the people desire and incorporate for the betterment of the area. But devil development is what is happening here by grabbing the people’s land and abandoning them in the name of development. We are not against the economy opening up. But the people in the islands need protection for their life and assets. Praful Khoda Patel, holds no talks with the people's representatives in the islands. We cannot close the islands for outsiders forever and we are in support of an economic boost. But he (Patel) cannot claim that 60% of the island land belongs to the government. The people in the islands are ready to include other cultures by preserving their own culture. But culture is not being respected. This administration has been terrorising us. 

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