FINAL REPORT ON RIGHT TO HOMESTEAD LAND IN RURAL BIHAR: A STUDY OF ITS STATUS, ISSUES, AND CHALLENGES IN IMPLEMENTATION OF POLICIES AND PROVISIONS Sponsored by- The Planning Commission Socio- Economic Research Division Government of India New Delhi-110001 Study Conducted by- Deshkal Society 220, SFS Flats, Dr. Mukhergee Nagar Delhi-110009 Right to Homestead land in Rural Bihar: A Study of its Status, Issues, and Challenges in Implementation of Policies and Provisions Research Team Director Prof. Manoj Jha (Hon.) Research Associate Dr. Manoj Kumar Tiwari Syeda Jenifa Zahan (Hon.) Research Assistant Dinesh Kumar Singh Statistical Consultant Lakshman Prasad Semwal Contents List of Tables and Figures List of Abbreviations Acknowledgements Chapters Page No. 1) Access to Homestead Land and Housing in Rural Areas: A Rights Based Perspective 1-5 2) Right to Homestead Land: Laws and Policies in Bihar 6-14 3) Approach and Methodology 15-18 4) Socio-economic Profile of Selected Districts, Blocks, Village Panchayats and Sample Households 19-29 5) Access to and Ownership Rights over Various Types of Homestead Land in Bihar: An Assessment 30-38 6) Processes of Displacement/ Settlement of Rural Landless and Marginalised Communities in Bihar 39-45 7) Practices and Processes of Implementation of Laws and Policies: Identifying Administrative/ Institutional and socio-Economic Hurdles 46-49 8) Recommendations and Conclusion 49-54 References 55-56 Annexures I Bihar Privileged Persons Homestead Tenancy (BPPHT) Act, 1947 57-68 II Circular Letter No. 5LR-232/ 71— 5805—R, dated 16-8-1971 69-71 III List of Scheduled Castes identified as Mahadalits by Government of Bihar 72 IV Circular Letter No. 11- LRD- 6/99- 749- R dated 20.9.1999 73 V Villages Surveyed by the Government of Bihar for Identification of Mahadalit Families without House-sites 74-75 VI Principles and Modalities of Land Purchase by Government of Bihar for Allotment of House-sites to Mahadalit Families 76-78 VIIA Socio-Economic Profile of Households which have been allotted homestead land under the Scheme of Purchased Homestead plots for Mahadalits 79-83 i VIIB Socio-Economic Profile of Households which need to be Regularised homestead plot 84-88 VIII Data Tables: Access and Ownership Rights over Various Types of Homestead Land 89-101 IX Additional Data Tables 102-127 X Circulars 128-138 XI Households Interview Schedule 139-142 ii List of Tables and Figures Tables 2.1: Outcome of Mahadalit survey 12 2.2: Cluster formation for allotment of house-sites 13 3.1: Sample Size and Structure 15 4.1: Region wise List of sample districts, blocks and villages 20 4.2: Demographic profile and Literacy Rate of Bihar and nine Sample Districts 24 4.3: Demographic Profile of the Sample Blocks 25 Figures 4.1: Average Household Size 25 4.2: Marital Status of Household head 26 4.3: Educational profile of Household head 26 4.4: Distribution of households by house type 27 4.5: Occupation of Household heads 27 4.6: Possession of Ration Cards 27 4.7: District wise distribution of Households by Occupation 28 4.8: Distribution of households by size 28 4.9: Possession of Ration Card 29 5.1: Distribution of Households by Size of Homestead Plot Alotted 30 5.2: Block wise Distribution of Households by Size of Homestead Plot by the Govt. 31 5.3: Status of Allotment of Homestead Land 31 5.4: Block level variation in the status of homestead land allotted to beneficiaries 31 5.5: Distribution of households by status of homestead plot allotment 32 5.6a: Year Wise status of Allotment of Homestead Plots -Yes Registration (kevala), yes possession 32 5.6b: Year Wise status of Allotment of Homestead Plots - No Registration (kevala), yes possession 32 5.6c: Year Wise status of Allotment of Homestead Plots - Yes Registration (kevala), no possession 33 5.6d: Year Wise status of Allotment of Homestead Plots - No Registration (kevala), yes possession 33 5.7: Status of house construction on homestead Plot received 33 5.8: District wise status of house construction on homestead plots 33 5.9: District wise Distribution of Households by status of residence on homestead plot 34 iii 5.10: Distribution of households by status of residence on homestead plot 34 5.11: Distribution of Households by Status of IAY assistance received 34 5.12: Distribution of Households by number of years of residence on current homestead plots 34 5.13: District wise Distribution of Households by number of years of residence on current homestead plot 35 5.14: Distribution of Households by Status of residence 35 5.15: Sources of threat of Eviction faced by the households 35 5.16: Distribution of households by size of present homestead plot 36 5.17: District wise distribution of households by size of homestead plot 36 5.18: Distribution of households by category of land on which house has been constructed 36 5.19: Distribution of households by claims made for legal entitlement 37 5.20: Status of legal entitlement of homestead land 37 5.21: District wise Distribution of households by benefits received from IAY 37 5.22: Distribution of households by benefits received from IAY 37 6.1: Distribution of Households by Threat of Eviction Faced 39 6.2: Distribution of Households by Threat of Eviction Faced 39 6.3: Block-wise distribution of households facing Threat of Eviction 39 6.4: Landless households settled on various types of Land 40 6.5: Distribution of Households by Sources of Threat of Eviction 45 Diagram 3.1: Study Implementation Phases 18 iv List of Abbreviations BPL Below Poverty Line BPPHT Bihar Privileged Persons Homestead Tenancy Act 1947 focus group discussions DRDA District Rural Development Agency FGD Focus Group Discussion IAY Indira Awaas Yojana JRY Jawahar Rozgar Yojana MLA Members of Legislative Assemblies MP Members of Parliament NREGA The Mahatama Gandhi National Rural Employment Guarantee Act, 2005 NREP National Rural Employment Programme NSSO National Sample Survey Organisation OHCHR Office of the United Nations High Commissioner for Human Rights RLEGP Rural Landless Employment Guarantee Programme SC Scheduled Castes ST Scheduled Tribes UNHRP United Nations Housing Rights Programme ZP Zilla Parishad v Acknowledgements I am deeply grateful to all the people whose invaluable association has facilitated the Draft Report on Right to Homestead land in Rural Bihar: A Study of its Status, Issues, and Challenges in Implementation of Policies and Provisions. First and foremost, my gratitude goes to the key stakeholders in the Project for taking out time for us from official and personal engagements, i.e. the District Magistrates, Addl. Collector-Land Revenues, Land Revenue Deputy Collectors, Circle Officers, Circle Inspectors, ad Karmacharis, for their valuable time and cooperation during the field work consultations in the nine sample districts of Gaya, Nawada, Aurangabad, Sheohar, Sitamarhi, Purnia, Madhubani, Supaul and Araria. Many words of thanks go to respondent households, primarily, the women coming from the Dalit communities, community leaders, representatives of Civil Society Organisations, and Mukhiyas of the project locations. Their cooperation and support in providing us essential primary data related to Project objectives put us on firm ground from the very beginning. Mukhiyas of the Panchayats and community leaders in the project locations have always readily furnished us with vital information and insights that come with a deep understanding of subtle nuances of homestead land in these areas. My sincere gratitude remains towards Dr. C. Ashokvardhan, Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, and to Sri. Vyasji, who later on took up the responsibility as the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar. Their inputs and suggestions have helped immensely in finalisation of the Draft Report. My gratitude goes to Prof. K B Saxena, Former Secretary, Government of India, for his consistent academic and technical support from inception till finalisation of Draft Report. I am indebted for his valuable and in-depth comments and suggestions on the intervening reports submitted from time to time. Last but not least, I am grateful to the Planning Commission of India for its reflective comments and relevant queries on the Progress Report. The feedback from the Commission has further enriched and deepened the study report. I thank the Planning Commission of India, for financial support without which the Study could not have materialised. vi Chapter 1 Access to Homestead Land and Housing in Rural Areas: A Rights Based Perspective 1.1. Context Access to homestead land, and housing in turn, are basic requirements for human survival. Every citizen needs to have a safe, secure and healthy place to live, work and lead a life of dignity. A house provides not only physical protection against the vagaries of nature, but also space and privacy to an individual and his family for physical, emotional and intellectual growth. More importantly, ownership of a house brings about a profound change in his social existence, endowing him with an identity, dignity and a sense of belongingness, thus integrating him with his immediate social milieu and enhancing his opportunity for participation in social, economic and cultural life of the society. Considering its importance for the overall well-being of individuals and families, right to housing has been enshrined as a basic human right in international human rights instruments and treaties as well as in the Constitution of India as interpreted by the Supreme Court in many of its judgements. 1.2. Right to Housing in International Human Rights Instruments The right to adequate housing as a component of the right to an adequate standard of living is enshrined in many international human rights instruments. Most notable among these are the Universal Declaration of Human Rights (1948) and the International Covenant on Economic, Social and Cultural Rights (1976).