The Others Case Studies of Conflict and Human Rights in Indian States
Total Page：16
File Type：pdf, Size：1020Kb
THE OTHERS Case Studies of Conflict and Human Rights in Indian States The Others: Case Studies of Conflict and Human Rights in Indian States July 2014 © Socio Legal Information Centre* Edited by Meha Khanduri and Preeti Verma Fact Finding & Field Research by HRLN Assam: Advocate Raju Doley, Sanjai Sharma, Pabitra Hazarika, Advocate Doma Tshering Bhutia, Rosemary Dzuvichu. HRLN Jharkhand: Advocate Ahmed Raza, Advocate Anup Kumar Agarwal, Saurabh Naruka, Advocate Rohit Thakur, Advocate Shadab Ansari, Advocate Santosh Singh & Sheshnath Vernwal. HRLN Jammu & Kashmir: Khair Un Nisa, & Advocate. HRLN Manipur: Advocate Meihoubam Rakesh. HRLN Andhra Pradesh: Hema Peddireddy, S. Ramya Sruthi. HRLN Chhattisgarh: Rajni Soren, Kishore, Narayan HRLN Odisha: Advocate Saroj Kumar Padhy, Mathew Jacob, Bibhu Prasad Chhualsingh & Sudhakar Senapati. Punjab: Advocate Veena Kumari & Advocate Jublee Momalia. Copy Editing & Research by Samapika Mishra, Ankur Gupta, Bradley Spence Jones, Manish, Rahul Adwani Nitika Khaita, Christopher Lamoureux, Rupesh Kumar, Madhuparna Dutta and Nishi Yadav. Design Guddu Kumar Printed at Print Graphics, Ramesh Market, New Delhi 110065 Published by Human Rights Law Network (HRLN) (A division of Socio Legal Information Centre) 576, Masjid Road, Jangpura, New Delhi – 110014, India Ph: +91-11-24379855/56 E-mail: [email protected] Supported by EIDHR Disclaimer The views and opinions expressed in this publication are not necessarily views of the HRLN. Every effort has been made to avoid errors, omissions, and inaccuracies. However, for inadvertent errors or discrepancies that may remain nonetheless, the HRLN takes the sole responsibility. * Any section of this volume may be reproduced without prior permission of the Human Rights Law Network for public interest purposes with appropriate acknowledgement. Acknowledgements e would like to express our thanks to our state units Win Assam, Andhra Pradesh, Chhattisgarh, Jammu& Kashmir, Jharkhand, Manipur, Odisha and Punjab for conducting these fact findings, often working in isolated regions and in conditions of extreme danger to bring to light injustices against fellow citizens. We also owe a debt of gratitude to our wonderfully hardworking and talented law students and research scholars who provided invaluable help in researching, editing, and compiling this book. iii LIST OF ABBREVIATIONS AFSPA Armed Forces Special Powers Act ASHA Accredited Social Health Activist BNHS Bombay Natural History Society BPL Below Poverty Line BTAD Bodoland Territorial Administered District C.I.D Crime Investigation Department CBI Central Bureau of Investigation CO Circle Officer CoBRA Commando Battalion for Resolute Action CRPF Central Reserve Police Force CSO Civil Society Organisation DC Deputy Commissioner DCP Deputy Commissioner of Police DGP Director General of Police EFLU English and Foreign Language University FAO Food and Agricultural Organization FFT Fact-Finding Team FIR First Information Report HDI Human Development Index HRD Human Resource Development HRHM National Rural Health Mission iv LIST OF ABBREVIATIONS HRLN Human Rights Law Network IBA Important Bird Area IED Improvised Explosive Device JKLF Jammu Kashmir Liberation Front KCC Kisan Credit Card KPLT Karbi People’s Liberation Tigers LPG Liquid Petroleum Gas MLA Member of Legislative Assembly MNC Multi National Corporation MoEF Ministry of Environment & Forests NALCO National Aluminum Company Limited NREGA National Rural Employment Guarantee Act OBC Other Backward Caste PLGA People’s Liberation Guerilla Army PREPAK People’s Revolutionary Party of Kangleipak PSA Public Safety Act PTG Particularly Vulnerable Tribal Groups PUCL People’s Union for Civil Liberties RNHPF Rengma Nagma Hill Protection Force SC Scheduled Caste SEZ Special Economic Zone SHO Station House Officer SI Sub Inspector SIT Special Investigation Team SKIMS Sheri Kashmir Institute of Medical Sciences SP Superintendent of Police SPO Special Police Officers ST Scheduled Tribe v THE OTHERS TADA Terrorist and Disruptive Activities (Prevention) Act UAPA Unlawful Activities Prevention Act ULFA United Liberation Front of Assam UNLF United National Liberation Front VC Vice Chancellor VDC Village Defense Committee WRSU Western Rengma Students Union BILT Ballarpur Industries Ltd IIC Inspector In Charge BSF Border Security Force BDO Block Development Officer NFBS National Family Benefit Scheme NHRC National Human Rights Commission POSCO Pohang Steel Company of Korea PPSS Posco Pratirodh Sangram Samiti MOU Memorandum of Understanding vi Introduction he Indian Constitution guarantees equal rights to all its Tcitizens; however guarantees do not always translate into equal rights in the real world. While India rightly takes pride in being world’s largest democracy and its creed of non-violence, these are apparent more in principle than in action. This book is a compilation of fact-findings conducted in the states of Assam, Andhra Pradesh, Chhattisgarh, Jharkhand, Jammu & Kashmir, Manipur, Punjab and Odisha. For varying reasons, such as strategic geo-political location, large scale extraction of natural resources by corporate interests, or the presence of self-determination groups, these areas have witnessed exploitation, state repression, armed struggle, environmental degradation and mass displacement of local communities. Jammu & Kashmir has a long and complex history of political strife and armed struggle against the state. The constant and large-scale presence of security forces has further contributed to institutional repression. Killings, tortures, state brutality, victimization by the militia and police as well as vii THE OTHERS stagnant economies nearly always accompany such internal conflicts. They often give rise to appalling scenarios where even children are considered enemies of the State. The social fabric has been deeply damaged and one hears of terms such as the ‘half widows of Kashmir’- women whose men have disappeared, either shot dead by security forces or a part of the militia. Citizens are helplessly trapped between inexorable forces, such as the people of Chhattisgarh who have to survive between the conflicting demands of the Salwa Judum and the Naxalites, the former an extra judicial militia alleged to be supported by the authorities, the latter armed rebels committed to creating a new system of governance. In such instances rights taken for granted by the rest of the country are denied to the marginalized people of these regions. Assam, the largest among the Northeastern states, is a beautiful land of heterogeneous cultures and complex ethnicities. However in the crossfire between the militant groups and state authorities, human rights of citizens are the first casualty. The assertion of tribal identity and increasing animosity against refugees has resulted in frequent inter-tribal and inter religious violence in the state. In April 2014, Assam witnessed extreme violence against Muslims in the Kokrajhar district where unarmed women and children were massacred. A direct consequence of the numerous conflicts in Assam has been an abnormally large number of internally displaced people living in ill equipped relief camps. Many of the fact- findings in Assam look into the conditions of the refugee camps. Manipur too suffers from inter-ethnic tensions between different tribes, and between the tribals and non-tribals. At the viii INTRODUCTION root of such tensions are issues of land, immigration, settlement and identity. The past several decades have witnessed a strong self-determination movement in Manipur. Manipur has been declared a ‘disturbed area’ with Armed Forces Special Powers Act (AFSPA) enforced in the state. AFSPA has facilitated the commission of human right violations including illegal detention, torture and extra judicial killings. The fact-findings carried out in Manipur team thus mostly deal with the brutal effects of this Act. Jharkhand, one of the newest states of India, known as the ‘Land of forests’ is blessed with vast mineral reserves of iron, ores, copper, aluminium, and uranium among others. However, the adivasis, the original inheritors of the land, have been reduced to manual labourers in the state. About half of the state’s population lives below the poverty line. High levels of poverty have pushed women into sex work and children into child labour. The dual presence of mineral wealth and cheap labour has led to illegal mining by large corporations. Adivasi communities have vigorously resisted land acquisition and large projects that are seen to further perpetuate economic inequities. Corporations have often turned to the state government and police force for assistance against popular people’s movements. The fact-findings in Jharkhand deal with the violation of civil and political rights of villagers; state repression; custodial deaths; and human trafficking. Punjab, was among the earliest regions to grapple with the repressive might of the State in view of a the self-determination struggle. While militancy has left an indelible mark on the state, and the battle to get justice for the gross human right violations of the 80s and 90s goes on, Punjab’s current plight is a result of what might be called its rapid and unsustainable economic ix THE OTHERS development. The state today boasts of the highest per capita income in the country, and one third of its population is urban. However ironically one out of every seven urban resident of Punjab lives in slums, often in unhygienic living areas with no facilities for children or pregnant