JHARKHAND’S DOMICILE POLICY
Local Persons Bill 2022, the draft bill will be passed in the next Assembly session and then sent to the entre with a proposal to place it in the ninth schedule of the constitution.
ABOUT THE BILL
The long pending demand of original inhabitants to make 1932 the cut–off year for domicile under the title Jharkhand Definition of Local Persons and for Extending the consequential, social, cultural, and other Benefits of such Local Persons Bill 2022.
PROPOSED DOMICILE POLICY
As per the policy, people who have their names or their ancestor’s name in the land records of 1932 or before, will be considered local inhabitants of Jharkhand.
But those who have lost their land records or have land records that are illegible or are landless people can approach their respective Gram Sabhas for their inclusion.
PRO ARGUMENTS FOR TAKING 1932 AS CUT OFF DATE
1) Different tribal groups have been demanding 1932 as the cut-off year for several years because of the land survey and revenue register done that year in large parts of the state
2) The Cabinet note of the state government claims that 1932 was fixed as the cut-off year for domicile policy as the migration of people from other states to Jharkhand (undivided Bihar) had resulted in negatively impacting the “original inhabitants /moolvasis /aboriginals.”
3)This can be verified as the percentage of the population of the aboriginals /STs since the 1941 census has seen a steady decline in Jharkhand.
4)They added there needs to be affirmative action at the policy level for the development of STs and malvasia and the identification of local persons was a compelling necessity to provide social, cultural, educational services and other benefits.
ARGUMENTS AGAINST TAKING 1932 AS CUT OFF DATE
However, records show that land and revision surveys were done in Jharkhand at different times in different districts and areas. It has been done several times in the state at different points. Therefore marking 1932 as the lonely cut-off year for domicile policy would leave lakhs of citizens of the state as "refugees"
The first land survey, especially in the Santhal area of the state, was done in 1872 and then in 1922.J.F.Gantzer had a complete land survey of the Santhal pargana done with amendments in 1932,1934, and 1936.
The Ninth Schedule contains a list of central and state legislations that are not subject to legal challenge. The 9th schedule, as well as Article 31B, was introduced to the Constitution of India in 1951 as part of the 1st amendment.
It was intended to adopt some new legislation that would help India become a more egalitarian nation. When any legislation is kept under the 9th schedule, it does not matter whether it violates the fundamental rights of a person.
OBJECTIVES OF THE NINTH SCHEDULE
- To carry out various land reforms after the Independence.
- The Zamindari system must be abolished to put an end to feudalism and pave the way for socialism to take its place.
- Immunize certain laws that operate as stumbling blocks to reform and have the potential to infringe on basic rights.
- To protect the interests of society's weakest members by bringing them up to speed with the rest of the population.
- To achieve the constitutional goal of developing an equal society by sharing land among farmers and reducing the concentration of land in a few hands.
1) What are the grounds stated for taking 1932 as the cutoff date in the Local Persons Bill 2022?
2) Discuss the provisions and the scope of the ninth schedule of the constitution.