Land Rights and Marginalized Communities in Rural India: a Case Study of Scheduled Caste in Orissa

The objective of the this study is to analyze the types, level and extent of caste-based deprivation and violence in terms of land rights in rural Orissa, and to ascertain the role played by judiciary, land revenue and civil administration in addressing these problems. The study seeks to answer the question ‘Why, despite progressive legislation on land rights and promises of development and protection against human rights violations for Dalit communities in rural Orissa, are these violations continuing?’. To address these issues, four sub-questions through which to address the question are outlined. The research focuses on deprivation and atrocities in land related cases and aims to prove that land is the major reason for the increasing number of atrocities committed against Dalits in rural Orissa. Reports show that even though violence against Dalits has been increasing, the conviction rate for perpetrators of this violence is very low in Orissa. The cases of deprivation and discrimination range from denial of ac-cess to drinking water, village ponds, cremation ground, playgrounds, temples and many other resources. Another type of deprivation that has been reported is the forceful imposition of certain categories of work on Dalits, such as scavenging, sweeping, drum beating, washing and bonded labor. The range of land related atrocities varies from hate speech, rape of Dalit women, house burning, murder and mass attack on Dalits. The researcher used frameworks of social exclusion, human develop-ment and human rights to analyze the issue. In order to establish a theoretical framework, the researcher tried to establish a link between these three concepts in the context of land rights. The research employs case studies from various districts of Orissa (Ganjam, Jajpur, Kendrapara, Dhenkanal, Khurda and Puri) to analyze the issue. The research considers three different types of land atrocity cases: first, no access to community land; second, land grabbing and finally, non-implementation of the land distribution. Various methodologies are used to analyze these cases. The research concludes that the judiciary and administration have failed to give proper time and justice to Dalits because of the institutionaliza-tion of caste prejudices. The law is not sufficient to address these types of land related atrocities. In addition, people should know their rights and the provisions in place to protect their interests and allow them to claim their rights.