Karnataka govt proposes PTCL Act amendment to protect land of ST/SC from swindling

The newly formed Karnataka government has proposed to amend the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, to curb land grabbing of backward classes in the state. 

The PTCL law was introduced in 1978 aiming to ensure the social welfare of ST and SC community members by protecting their land. However, a sizeable number of cases under the law are hanging due to a lack of clarity and understanding between the judiciary and the administration. 

The current Karnataka government has observed that land allotted to the ST/SC communities is not left with them for a longer period due to the illegal practice of land-grabbing. Therefore, the government has decided to amend the PTCL Act, 1978, to ensure that their land should remain with them, sources in Congress said. 

In conversation with Republic, Dalit rights activist Venkatayya said, "There have been a number of cases where land allotted by the government to Scheduled Castes and Scheduled Tribes has been transferred without obtaining permission from the government for various reasons due to agrarian reforms and the abolition of land. Though this is an issue across the country, the state government has decided to amend the law in favour of us." 

How the amendment would help? 

In the past, the land allotted to ST/SC community by the government was transferred by tricking practices like mortgages. After the amendment of the act, the original land allottee or his successor will be allowed to file an application before the government to claim their right to the land. 

"The government's aim is that the land of poor Dalits should not be illegally transferred and the land should remain with them. That is why there is a need to amend the PTCL Act," said Karnataka Law Minister HK Patil to Republic. 

Suggestion of law department 

The Law Department has issued specific suggestions to amend the PTCL Act, 1978, amendment. 

• Section 5(1) of the PTCL Act provides for a time frame for filing an application for restoration or for filing a suo motu case by the competent authority.
• Applications for restoration from October 2, 1965, when the Land Reforms Act came into force, allowed to apply for restoration
• Amendment to the PTCL Act that there is no time limit and applicable to cases before the courts of assistant commissioners

CMO seeks information

The CM's secretariat has sought information on the number of cases pending hearing in different courts, including the assistant commissioner's court. An instruction to provide the details at the earliest has also been issued. 

"Decades of struggle have been going on to protect the land of Dalits. The government has proposed to amend the PTCL Act. We will make a request to the Chief Minister to amend the Act without imposing any time limit without affecting the basic spirit of the Act,"  said pro-Dalit activist Mavalli Shankar to Republic. 

The report in government records suggests that an estimated four lakh acres of land, allotted to the ST/SC community, was transferred. It also estimated that around 50,000 cases related to the matter were dismissed, including 25,000 cases in Bengaluru.