Karnataka Schedule Caste & Schedule Tribes (PTCL) Act, 1978
Strange laws and justice stranger still
What is the purpose of a law? Is it to control or to create complications? Is it to deliver justice or pave the way for corrupt dealings? The way the law and the Government works with regard to –property and Scheduled castes is a case in point. The same Govt. mechanism that goes through the process of creating Sale deeds, Panis, Property taxes, Land Records, title of property with sci-fi names like Mutation records etc. one day decides that the registration of your property is not valid. The property you own does not belong to you. Why? Because at some point in the last 80 years or so this particular land was gifted to a member of the Backward communities and now his children or even great grand children can come and claim it back. And stranger still is that the Govt. happily informs that your purchase of the land is illegal (or null and void) and gives them permission to sell it almost immediately without paying you a single Rupee. This a law that bleeds nepotism and encourages rampant corruption. This strange law came into force in 1978, (Karnataka Schedule Caste & Schedule Tribes (PTCL) Act, 1978) but amusingly, is retrospective in nature ie. even transactions before this law shall be null and void. Ex post facto laws (Retrospective laws) are expressly forbidden by most countries including the United States . On the one side the country talks about progress, investment and dynamic growth while some laws ensures that an investor will make a fool of himself. It must be stated now that it is important to take care of the interests of the backward communities. But there must be some system that is progressive and efficient. The property may have changed one or ten hands, taxes may have been paid faithfully throughout this period, records show the property has always existed in your name and then suddenly a claim from the past, maybe 20-40 years ago and your registration and ownership is totally gone. Sale of land is not like any product were there may be no official record of the sale, but when you talk about property there is a whole intricate process that involves Registrars, Sub Registrars, Commissioners, Thasildars etc and a whole gamut of documentation. And all these documents become null and void because the registrars have no idea if this property belongs to the backward tribe or not. Isn’t this a gross incapacitation of a formal Govt mechanism. Isn’t this gross negligence. Strangely The same Govt office that grants the land has no clue if this land is granted or darkasth or whatever when it is sold later. While at the time of granting the land they have gone through a whole process of identifying land, surveying it, checking to see if it is wet or dry land, ensuring that the recipient is from the depressed community, (and in Karnataka, also ensuring that it doesn’t have too many sandalwood trees with a girth of over 12”). In short, the same Govt offices that issues lands to Backward communities are involved when the land is sold later, and they cannot have to go through the process of checking if it is Saleable or not. If the Govt fails in its duty, in view of justice and fair play isn’t the Govt duty bound to find alternative property or to compensate them for their ancestral loss and not disturb the peaceful and complete possession of the property by the current owner as Registered in the Sale Deed in front of the competent authority. Its time our laws are more progressive or will force reforms like the Lokpal to ensure that the judiciary and Parliament becomes more answerable. To those who plan to invest in property, especially in Karnataka, I suggest you get an official declaration from the Govt stating that the property you intend to buy has never ever been granted to the SC/ST community. To those of you who already own property, my good wishes to you. To the Govt – It is time to change inefficient and archaic laws. And retrospective laws should be abolished .
John Grisham in his book -The last juror- puts the amending of laws in perspective. “Very few laws remain the same. Once enacted, they are likely to be studied, modified, amended, then often repealed altogether. This constant tinkering by judges and lawmakers is usually a good thing. Bad laws are weeded out. Weak laws are improved. Good laws are fine tuned.”
Source: https://schedulecastescheduletribes.blogspot.in/
