Mohammed Ramees, TwoCircles.net
New Delhi: India’s smallest union territory, Lakshadweep Islands, has been tense following the central government’s action to take possession of ‘pandaram’ land, a type of land for which the Government of India holds proprietary rights. Tensions escalated after the deputy collector of Kavaratti, Lakshadweep, issued a notice to assume control over the land.
This move comes in the wake of an amendment by the central government in the Laccadives, Mincoy and Amindivi Islands Land Revenue Tenancy Regulations 1965. The amendment removed Section 15A, which previously provided “special provisions regarding transfer of certain pandaram lands to Scheduled Tribe Islanders”.
On June 5, the Kerala High Court temporarily halted the notice issued by the deputy collector in response to a writ petition filed by C.T. Anver Sadath of Kavaratti Island. However, concerns persist among residents of the islands regarding ongoing surveys despite the court’s interim order.
According to a report from the Malayalam channel Media One, over three thousand houses, 431 industries, 70 mosques and more than 150,000 coconut trees could face removal if the government proceeds with the eviction.
“Our island is among the most densely populated areas in India The ‘Pandaram’ land accounts for nearly 60 percent of the entire territory, leaving free land — such as offices and grounds —comprising less than 10 percent. Shouldn’t they consider that we are a tribal community?” questioned Sabith PK, a resident of Kadamath Island, while talking to TwoCircles.net.
According to Section 2(n) of the Laccadive, Minicoy and Amindivi Islands Land Revenue and Tenancy Regulation, 1965, the term “landowner” encompasses cultivating tenants or cowledars as recorded by the government. As reported by The Hindu, in 1985, the government granted cowledars full authority over the land.
“When the Centre found it impractical to provide fair compensation for the entire cultivation on the ‘pandaram’ land, it declared that those who cultivate the land (cowledars) would become its owners. This effectively resolved the issue,” he said.
Ownership of ‘pandaram’ land is intertwined with historical events during the reign of the Arakkal (Cannanore) Kingdom in the islands. The land owned by the queen was distributed to residents as cultivating tenants. According to historian Dr. N. Muthukoya, author of the historical text ‘Lakshadweep through Centuries’, control over the islands later passed into British hands, who also recognized these cultivating tenants.
The political activist in the region provided some historical context: “Initially, the islands were governed by local headmen. Subsequently, Lakshadweep came under the jurisdiction of the Chirakkal family, and later under the Arakkal (Cannanore) family, headed by Queen Arakkal Beevi. It was not the British, but the queen who caused us the greatest hardship. She confiscated land from a tribal community that did not have a concept of ownership; traditionally, whoever planted a coconut tree was considered the owner of the land. When there was resistance from higher castes, she leased the land to them. However, when she went bankrupt, she was forced to relinquish all the land to the British.”
In addition to losing their land, islanders are also worried about receiving no compensation from the government. Experts argue that the recent amendment to the Laccadive, Minicoy and Amindivi Islands Land Revenue and Tenancy Regulation of 1965 grants the government absolute authority to seize land without offering any compensation.
Records indicate that the government had compensated islanders for the land taken to build Agatti Airport, which facilitated connections between the islanders and the outside world. According to a resident, the hospital and several other government offices in the southern part of Kavaratti were built on ‘pandaram’ land after fair compensation. “The government even issued ‘pattaya’ (lease) for the Pandaram land,” they added.
Locals perceive the government’s recent actions as a move to open the islands to unrestricted tourism, potentially endangering the ecologically fragile archipelago. “What they have done in Kashmir and Lakshadweep is the same; they are promoting tourism lobbies in the islands,” said Sabith.
Lakshadweep has of late seen a wave of protests from residents against stringent measures imposed by Administrator Praful Patel. These measures include the Prevention of Anti-Social Activities Act (PASA or Gunda Act), a law akin to the National Security Act (NSA) that permits the administrator to detain a person for up to one year without trial.
Additionally, the Animal Preservation Regulation, which prohibits cow slaughter on the islands, has been enforced. During the COVID-19 pandemic, Patel was accused of disregarding COVID-19 protocols to prioritize tourism, resulting in multiple cases reported in the archipelago.
Islanders accused the government of making unilateral decisions without consulting the people of Lakshadweep. “The fundamental issue here is the absence of democratic principles in governance. We have a two-tier panchayat system, but the community cannot derive any benefits from it. No decisions can be made without the approval of the sole administrator appointed by the president,” shared Ali Hassan, a resident of Amini Island.
“In the past, there was at least a governing body. Now, everything is dictated by the administrator appointed by the president — a single individual who dictates terms to the entire community,” he added.