Permission to sell Kodagu's Jamma lands could lead to ecological disaster

The tiny hill district of Kodagu (Coorg) in Karnataka is facing an ecological disaster with the President of India giving his assent to a controversial legislation which allows the disposal and sale of Jamma lands in Kodagu located in the fragile Western Ghats. It is feared that the resultant denudation of the forests in the region could trigger an environmental damage with unpredictable consequences. 

The repercussions of the legislation -- The Karnataka Land Revenue (Third Amendment), Act, 2011, which received Presidential assent early this year after the bill was referred to the President by the Karnataka governor last year, will not only be severe on the Western Ghats region, considered as one of world’s bio-diversity hotspots, but will also take its toll on the customary laws, traditions and culture of the indigenous communities.

Jamma land tenure is unique to Kodagu district and it is estimated that the extent of ‘Jamma Baane’ land in Kodagu is around 2.55 lakh acres in possession of the local people -- Kodavas, Amma-Kodavas, Heggades, Airis, Koyavas, Moplas and Gaudas. Jamma lands consist of wetland for growing paddy and the accompanying Baane land, initially used for cattle grazing and held free of assessment, now converted into coffee estates.

According to Sir J B Lyall, a British expert on tenures in Coorg who traced the origin of Jamma, it was originally a military tenure held on payment of half the assessment in consideration of military service. Jamma was granted under ‘sanads’ largely by the Coorg Rajas (1600 AD to 1834 AD) and to a smaller extent by the British till 1895 to the local inhabitants.

Hitherto, there was a ban on the sale of Jamma lands as the cultivator was only a ‘deemed owner’. The new legislation will confer the title of ‘occupant owner’ and allows the sale of land. The legislation, it is feared, will legitimise large scale denudation of trees and the formation of human settlements on Jamma Bane lands as there will be heavy influx of population from the neighbouring states. The presence of increased human habitation will have its impact on the adjoining forest land, its flora and fauna.

For generations, the life of the local communities, centered around the cultivation of the Jamma lands, the principal tenure in Kodagu. The Jamma lands could not be alienated as there was no provision for transferring the title of the property. The ownership was jointly held by the clan and it was managed by the head of the clan (Pattedara).

The issue went before the Karnataka high court and a full bench of the court held in its judgement delivered in October, 1993 that Jamma Baane landholders had limited privileges for cattle grazing, supply of firewood and timber for the domestic and agriculture purposes, but had no right to exploit the trees for commercial purposes, unless the holder had paid full timber value to the government. The court also held that the land-owner had no right to the sub-soil.

Customs and traditions

Once the ban on the sale of Jamma lands is lifted, the indigenous communities will be removed from their traditional Jamma holdings which formed the basis of their customs and traditions. The ‘ain-mane’ or the ancestral houses of the clans, was the focal point of all festivities and religious usages. It is feared that once the Jamma lands are sold to outsiders, the new land owners could lay claim to the ‘ain-manes,’ considered sacred to the local communities. This could lead to social tensions and law and order problem.

The biggest threat will come from the real estate mafia who were eyeing the Jamma lands all these years. With tourism boom in Kodagu, the local communities will be under pressure to sell their lands as the state will not have any control over them. It is learnt that already Jamma lands are being sold in anticipation of the new law taking effect.

The amendment to the Jamma tenure was effected during the previous BJP regime. The amendment was politically motivated and passed in haste without much debate in the Legislative Assembly, reportedly at the instance of the then Speaker K G Bopaiah who wanted to take political advantage. One of the reasons for Bopaiah’s re-election from the Virajpet constituency was on account of the political mileage he gained by getting the amendment passed.

The new amendment will create more problems than it hopes to solve. Those who drafted the amendment bill have failed to recognise the fact that apart from Jamma Baane lands, there are other types of Baanes --  ‘Hithlu’ and ‘Sagu Baane’ lands.
Advocate K Sarojini Muthanna, who is knowledgeable on Jamma tenure matters, has suggested that the government should carry out further amendments to the Karnataka Land Revenue Act, 1964, devoting a separate chapter for the Jamma lands of Kodagu. The main support for the amendment has come from Akhila Kodava Samaja, representing a small section of the Kodavas. The president of the Samaja, Mathanda C Monnappa, opined that the amendment removed ‘irritants’ by way of government circulars which gave the impression that the land belonged to the government.

A large section of people, however, feel that in the interest of preserving the culture of Kodagu, and maintaining the ecological balance in the Western Ghats, the Siddaramaiah government should not give effect to the amendment to the Jamma land tenure.