Zero Discrimination Day is observed every year on March 1st to promote equality and eliminate discrimination in all forms. In India, one of the significant issues that continue to persist despite efforts to promote equality is the cultural and legislative discrimination against tribal women related to land rights.
Tribal communities, which make up a significant portion of India's population, have been historically marginalized and subjected to discrimination, particularly in terms of land ownership. To protect tribal communities and their rights to their ancestral land, Chota Nagpur Tenancy Act, 1908 was enacted. However, one aspect of the law is that it only acknowledges only men as proprietors of land leaving women out of the picture.
The Chotanagpur Tenancy Act (CNTA) seems to prioritize the rights and interests of male individuals in relation to land ownership and cultivation. This is evident from the definition of Raiyat in section 6(1), which states that a person who has acquired the right to hold land for cultivation must do so by himself or by male members of his family, indicating that female family members are not given equal rights in land ownership and cultivation.
Furthermore, section 7(1) of the CNTA specifies that khunt-katti rights can only be held by male descendants of the original founders of a village, further emphasizing the male lineage and inheritance in land ownership. Similarly, section 8 defines the meaning of Mundari-khunt-kattidar as a male individual who has acquired the right to hold jungle land for cultivation, and only male heirs in the male line are given the right to inherit such land. Upon analyzing the language used in the CNTA, it becomes apparent that there is a clear bias towards men.
This biasness is especially noticeable by the recurrence of the masculine pronoun 'he' in the text, which appears 177 times, and the possessive pronoun 'his', which appears 276 times. On the other hand, the feminine pronoun 'she' is completely absent from the text, and the possessive pronoun 'her' only appears once. Overall, these provisions of the CNTA reflect a patriarchal and gender-biased approach, where male members of a family are prioritized in land ownership and cultivation, and female members are excluded from the rights and benefits that come with it.
This cultural discrimination against tribal women related to land rights is deeply entrenched and reinforced by patriarchal attitudes and practices. This denial of land rights to tribal women has far-reaching effects, resulting in inequality, low participation in decision-making, and perpetuating marginalization.
Among the worst affected are widowed women without heirs, who are exploited by their in-laws to give up their land so that the closest male member can claim ownership. The situation is particularly dire for these women, who are often not even welcomed back into their homes and are considered burdens by their families. Consequently, they endure hardships and exploitation, resulting in a life of suffering and hardship. Often, society shuns them and they may be labeled as witches and ostracized. In extreme cases, they are brutally killed to remove them from the land and secure ownership for others.
This is a grave violation of their human rights and a matter of deep concern. Women's rights must be protected, and they must have equal access to land and resources.
It is equally essential to recognize and address the language bias in the CNT Act, as it has far-reaching consequences. By using gender-neutral language and avoiding assumptions about gender, we can create a more inclusive society that values and respects all individuals regardless of their gender identity. Therefore, it is imperative to ensure that language usage in official documents and publications is gender-inclusive and promotes gender equality. However, despite its limitations, the CNT Act remains an important piece of legislation in India, as it acknowledges the importance of protecting indigenous communities and their lands from external forces.
This author is an Assistant Project Officer in the Department of Research & Planning of Xavier Institute of Social Service (XISS), Ranchi. The views expressed are personal.