Currently, the use of dozers in squatter settlements in Kathmandu and other places has become widespread. With this, society seems to be divided into two streams - are the people living there 'encroachers' or 'victims'?

One stream advocates that most of the settlements inhabited by squatters are risky, settlements on the banks of rivers are unorganized and unsafe from a human perspective, since the protection of public property is the main responsibility of the state, encroached land should be cleared for development, etc.

The other stream advocates that the inability to provide ownership of land that has been in use for decades is a weakness of the state, the distribution of land deeds has become only an election agenda, it is the responsibility of the state to seriously address the problems of landless citizens, etc.

Article 40 (5) of the Constitution stipulates that the state must provide land to landless Dalits once in accordance with the law. The seventh amendment to the Land Act, 2021 has made a provision to provide land to landless Dalits within three years. Similarly, the Eighth Amendment states that the Government of Nepal will provide land to landless squatters for a one-time period in the places where they have been cultivating or where the Government of Nepal deems appropriate. However, it has been clearly stated that while providing land, land cannot be provided in many other areas including public land, rivers, streams, hazardous land, forest areas covered with trees and plants.

Similarly, the Eighth Amendment to the Land Act, 2021 states that ‘the Government of Nepal shall provide the land that they have been occupying for at least 10 years to the unorganized settlers who have been cultivating or cultivating on public or other government land or forest land at the time of the commencement of this amendment, and while providing land, the Government of Nepal may classify the land taking into account their financial condition, nature of the land, availability of land elsewhere, etc., and provide ownership of the land by charging the prescribed fee as per the classification.’

The above issues mentioned in the constitution and law show that the land ownership problem is that of landless Dalits, landless squatters and unorganized settlers. However, the fact that the state should provide ownership of land once is not implemented is a weakness of the government, and the government should take responsibility for it.

‘Encroachment’ or ‘victim’?

Encroachment of government land refers to the illegal construction of physical structures on government-owned land and unauthorized private use. It is also the responsibility of the state to remove the encroachment. If everyone encroaches on government land at will, public property will be misused. This will lead to conflict in society, the city will become unorganized, cause obstacles in development work, create the risk of natural disasters such as floods and landslides, and also make it difficult to identify the real landless people.

Section 24 of the Land Revenue Act, 2034 BS clearly states that government, public and community land should not be registered in the name of any person and if registered, it will automatically become invalid. However, it has been said that this subsection shall not be deemed to have prevented the Government of Nepal from making arrangements for public land for public purposes, government land for any work deemed appropriate by the Government of Nepal, and community land for any work deemed appropriate by the concerned community. The Seventh and Eighth Amendments to the Land Act, 2021 have already been discussed above.

Living on government, public or forest land for a long time while being landless is not encroachment but unorganized settlement. It is the responsibility of the state to provide ownership and legalization of land to such citizens. Living on government land due to being landless, as well as living on land declared as forest in government, public, private or government records for a long time, is not encroachment on government land but unorganized settlement and it is the responsibility of the state to provide ownership and legalization of that land to its citizens.

It is not fair to create a narrative of ‘encroachment’ while ignoring the issue that the law itself should provide legalization. It is not appropriate to deprive the unorganized settlers of their land when they are operating a business on the land they live on and earning a living. In such a situation, the land should be properly evaluated and legal ownership should be provided. Which is also clearly mentioned in the law.

Path to a solution

Only a short time was provided to move from the land they have been living on for decades. Due to which the affected people did not get enough time to move their belongings and find an alternative place. Due to this, their lives were in great trouble immediately and in the long term.

The ‘evict first, verify later’ policy should not be adopted to address the problem regarding citizens. This approach will put the real victims on the streets. The government should have adopted the principle of ‘verify first, evict later’. First, the real landless people should be identified and data collected. The real landless should be identified and provided with the lands specified by law as available, and ownership of the land should be given. Removing them without verification beforehand causes human and emotional trauma. It also has a long-term psychological impact on the victim and ultimately leads to a feeling of statelessness.

Also, in the case of irregular settlements, where the law states that legalization should be given, the state should focus on the path of providing legal ownership immediately by properly evaluating the land. The government should choose a long-term solution by distinguishing between encroaching and real landless people.

In conclusion, the life of every citizen is precious. The state should adopt maximum security and sensitivity when making any decision. The people should not be the victims of yesterday's political instability. The current government should ensure civil rights, entitlements and respect by making up for the weaknesses and errors of past governments.