Do Tribals Have Land Rights? A Study of Land Rights for Women
Sensitizing community, building capacity and awareness, advocating for better laws and systems, influencing formulation of laws and implementing HSAA are some of the concrete ways forward in helping tribal women access their right to land and, subsequently, other entitlements
Background
B uilt over 12 years by PRADAN, Narmada Mahila Sangh (NMS) is an umbrella organization of nearly 10,700 rural women belonging to mainly the Gond and the Korku tribes. Its women members very successfully run a number of entrepreneurial activities in agriculture, horticulture and poultry. Most of them are bread-earners for their families, and some of their earnings are equal to what their menfolk bring home. They also act collectively against many social evils, the most prevalent of which is violence against women.
In the course of their efforts to generate livelihoods and their struggles against social evils, the leaders of NMS have fought many battles that have taken them to the district administration, police, civil authorities and other stakeholders. The realization about the clear causal connect between their deprivations and the denial of land rights came slowly to them when working on issues related to violence against women. During the annual general convention of 2013, the women decided to take up the issue of equal land rights for tribal women. Subsequent to the convention, the issue of land rights for women was discussed in the monthly meetings of NMS. The members spoke about the status of women’s ownership of land and the significance of women having access to land rights. At that time, they did not have a clear idea of the legal perspective or other details. There was a mixed response from the women, and some of them were excited about the prospect of access to land rights.
Despite land in the rural context being the most important asset available to a family, women are systematically excluded from asset ownership both in their maternal and marital homes. They, therefore, remain vulnerable and without any back-up support in case of emergencies and unfavourable situations. However, the law is now more supportive than before, with amendments in the Hindu Succession Act (HSA). The problem arises in the form of strong resistance to the idea of asset ownership by women, stemming from societal norms and traditions of a very patriarchal nature.