Bi-Monthly AAAUGUST 2014 For private circulation only Bulletin Suggested Contribution Rs. 15 PUDR’s position paper on Death Penalty PUDR’s opposition to the penalty of death is three decades old. Like everything Minister Indira Gandhi. The capital else our opposition on capital punishment is evolving and is a ‘work in progress’. punishment to Kehar Singh evoked Starting with serious objections to the arbitrariness inbuilt in awarding Death strong reaction from the civil liberties Penalty, the fact that almost all death row convicts have come from lower echelons and democratic rights groups as he of society convinced us of its unjustness and that in an unequal society even was hanged on the basis of dispensation of justice is stacked against the poor. Secret hanging of Ajmal Kasab circumstantial evidence. Through and particularly the cold blooded political execution of Afzal Guru, bowing to the Kehar Singh case, the point orchestrated demand for his execution in the name of “collective conscience” about death penalty being a made it evident that India’s criminal justice system allows free play for social punishment resting on subjective biases based on class, caste and community. disposition of the judges, hence The major intervention in the initial discourse on death penalty made by arbitrary, as well as prone to errors the Civil Liberties-Democratic Rights groups was the argument about the while being an irreversible punishment of death as a violation of Article 14, right to equality before law in punishment, became palpably clear. India. This point had been affirmed by Former Supreme Court Chief Justice P.N An important intervention Bhagwati in as early as 1982 when he said that death penalty was unconstitutional for us was in 1996 when we fought because the overwhelming numbers of persons on death row are poor. We argued for the commutation of death then that the courts must treat the underprivileged background of the accused as sentence awarded to two Dalit well as lack of access to competent legal assistance as mitigating factors. landless labourers, Vijay Vardhan Opposition to death penalty mounted with the execution of Kehar Singh Rao and Chalapthi Rao, who had in January 1989 for his alleged involvement in the conspiracy to assassinate Prime Continued in page 2 Impunity to the armed forces in armed conflict areas Impunity in simple terms is “exemption from punishment or freedom from the Manorama Devi, a suspected member of injurious consequences of an action”. Talking in terms of Indian Government and People’s Liberation Army(PLA), a banned Armed Forces, impunity takes a totally different complexion, where State is outfit of Manipur, was picked by armed systemically using immune Armed forces to suppress people’s movements. soldiers of Assam Rifles for interrogation and We have been independent since 1947, however, not even a single year in the morning her dead body was found in in the last seven decades has passed when Indian Government was not involved mutilated condition. She was sexually in, either an overt or covert armed conflict, with its very own people. Many such assaulted, tortured in custody, and ultimately wars are being fought since independence and shortly after, for their right to self- killed. It is not difficult to assume that such a determination in the north-eastern states, in the state of Jammu & Kashmir, and heinous crime and act of inhumanity must other armed conflict areas. have been taken cognizance of and the law Countless cases of rights violations perpetrated by the armed forces of the land would have taken due course to who subsequently enjoy immunity from prosecution, are heard from these areas. punish the guilty. However, the reality is One such prominent example is of Ms. Thangjam Chanu Manorama Devi of entirely different when we are dealing with Manipur. the Armed Forces of the Indian Government. In the intervening night of 10th-11th July, 2004 Ms. Thangjam Chanu After 10 years of the incident, no prosecution Continued in page 4 CDRO Bulletin A Monthly Bulletin of CDRO 1 Send your reports to ([email protected]) caused the death of 23 people accidentally by setting a bus on fire. AUGUST 2014 CONTENTS A petition was sent to the President with signatures of rights activist and PUDR’s position paper on Death Penalty, PUDR ...... 1 a plea was made at the Supreme Court Impunity to the armed forces in armed conflict areas, CDRO ...... 1 to impede the hanging as a petition A report on migrant workers’ palm chopping incident, PUCL ...... was pending with the President. In 6 the wake of the rushed midnight Statement in solidarity with struggling workers of Bajaj Motors, efforts of the CL-DR groups, all night Gurgaon, WSC ...... 11 protest at Jantar Mantar and untimely Statement against the proposal of major port near Dugarajapatnam- knock at the Chief Justice’s house Nellore, HRF-AP ...... with the logic of a pending petition, 13 stayed the hanging. As a Fact-finding report on recent happenings in Punjab University consequence, both Vijay Vardhan Chandigarh, AFDR-Punjab ...... 14 and Chalapathi are still in prison now Urban assertion by North-east immigrants in Delhi, CPDM...... 17 and one of them went on to obtain CDRO resolution on unconditional release of political prisoners and an M.Phil while in jail. In 2004 when the All India related issues...... 20 Committee Against Capital CDRO press release on the occasion of the Convention on the Punishment was formed it furthered Release of Political Prisoners ...... 22 our movement along the same lines Inquiry into the casteist killing of a 17 year old Dalit boy on 28th in two cases particularly, the Bara massacre case and Dhananjay April 2014 at Kharda, Ahmednagar, DAVKS ...... 24 Chaterjee case. In the Bara massacre Condemn arrest of Dr. G.N. Saibaba, PUDR ...... 28 case, four Dalit landless and semi- Abolish Petro Corridor – Establish Food Corridor ...... 29 bonded labour who cultivated the Killing of Mohsin Sheikh, deliberate targeting of Muslims by HRS land of Bara landowners, namely, Nanhe Mochi, Veer Kunwar Paswan, and constant attack on freedom of expression, PUDR...... 30 Krishna Mochi and Dharmendra Manipur memorandum on rights vis-à-vis land acquisition...... 31 Singh were condemned to death by A report on the fake surrender and grabbing money against false the Supreme Court for killing 35 promises of recruitment in CRPF, CDRO...... upper caste men in 1992. 35 Our effort in this case was Why recently held public hearing at Lanjigada for Vedanta not to condone the massacre but to Resources is illegal, Prafulla Samantara ...... 36 argue that the crime needs to be The anatomy of a massacre: the mass killings at Sailan, August 3-4, looked at in context of a series of 1998, JKCCS ...... killings by the upper caste landlord 37 armies, whose crimes did not invite Fake encounter report from Assam, MASS ...... 38 harsh punishment, let alone death penalty. The opposition to death Sangh; in October 1991, the Sunlight Sena slayed 7 members of a Dalit penalty hence also stems from our family in Teendiha (Gaya); and on 23rd December 1991, members of Sawarna argument that crimes can’t be Liberation Front attacked dalit Tola in Men Barsimha (Gaya) killing 10 viewed in abstraction from the socio- landless labourers. economic context in which these On a similar note, PUDR, through a petition, tried to avert the occurred. For instance the Bara hanging of Dhananjoy Chatterjee accused of raping and brutally murdering massacre was preceded by massacre a young girl in Kolkata in 1990. He was arrested in 1991 and sentenced to in Sawan Bigha (Jehanabad) on 21st death that very year. Dhananjay had lived in the shadow of death for 13 September, 1991 in which 7 landless years and when the Supreme Court rejected the final petition on 12th August labourers were killed. On 23rd 2004, we pleaded that no person can be punished for the same crime twice. September 1991, in Karkat Bigha However, our efforts failed. And the argument of avenging a gruesome (Patna) 7 Dalits were killed by Kisan crime by purging the criminal met with popular sentiments, of course with 2 CDRO Bulletin the help of the popular media, just Afzal Guru was never in doubt, Mukherjee. as it did in the 16 December 2012 posed a challenge for abolitionists. While we rejoice that 15 Delhi Rape case where the Court A Pakistani mass murderer, from a death sentences have been worked to satisfy the ‘collective poor Punjabi agricultural workers commuted, there are about 414 conscience of the nation’, an family, was a foot soldier who carried convicts on death row, and the euphemism for blood revenge. out mass slayings lured and Penalty of Death remains in our If the assumption behind motivated by his faceless statue books. However, the death penalty is that of justice ‘handlers’. PUDR believed then as judgment is a strong critique of the through punishment, then hanging now that he deserved life sentence arbitrary nature of the punishment is a form of punishment that because incarceration for natural life and carefully marks out the punishes the body for avenging the is a severe form of punishment in procedural lapses in carrying out crime committed. That brings us to seclusion which could have allowed executions which can result in the entire debate on the rationale of him the possibility to reform and substantive miscarriage of justice. punishment. What is the purpose recant. Even more important is the But our stand goes further to argue behind punishment? Does it mean fact that while his hanging was for abolition of death penalty. only avenging the crime or does it celebrated, the search and pursuit of In 2005, PUDR, through a have a purpose beyond also? If we real culprits has slackened. letter to the Prime Minister Dr accept that criminal behaviour can The hanging of Ajmal Manmohan Singh, dated 2nd never be explained through Kasab and Afzal Guru in quick November 2005, welcomed the individual attributions and is succession after an interval of nine ‘efforts of his Government at the dependent upon larger societal years and rejection of mercy highest level to seek the forces, then the idea of forcible petitions of 20 other death row commutation of the death sentence incarceration of a criminal convicts brought home to us the awarded to an Indian citizen, Sarabjit demanding atonement and reform is need for urgency for demanding Singh, in Pakistan.’ We expressed likely to fail as the roots of the crime abolition for death penalty. the hope that this would be the first remain unaddressed. The 21st January 2014 step of the UPA government towards The secretive hanging of Supreme Court judgment which ‘questioning the relevance of the Ajmal Kasab and in particular commuted the death sentence of 15 death penalty and eventually moving Mohammed Afzal Guru in 2012 and convicts more or less resonated the towards abolishing the death 2013 compelled us to note how arguments that we had been building penalty in India’. We had pointed out “collective conscience” allows for opposing death penalty. The that death penalty is an ‘archaic form majoritarian prejudices to dominate judgment arose in a matter brought of punishment which upholds the public discourse, judicial up by PUDR and others before the savage norm of an eye for an eye proceedings and administrative Chief Justice’s Court. On April 6, 2013 and violates the right to life, a decision-making. It raised for us the PUDR had filed a PIL [as had principle on which humane disturbing question about how Commonwealth Human Rights civilisation rests. PUDR does not political dissidence can first be Initiative (CHRI)] for stay on death condone violent crimes and calls for criminalised by invoking anti-terror execution. In its petition, PUDR had punishment of the guilty after laws and/or offences against the challenged the rejection of the mercy investigation, prosecution and State. Invoking such draconian laws pleas of the eight convicts conviction. However the death then provides and becomes, so to contending that there had been delay sentence rejects any possibility of say, the extenuating factors which in carrying out their execution even reform – the very object of make it easier for prosecutors and after they were confirmed by the apex punishment.’ Courts to award capital punishment court. There were seven other Article 21 of Indian on the basis of the so-called appeals asking for commutation Constitution states that ‘no person ‘terrorist’ crimes. Through the whole which too were accepted. A bench shall be deprived of his life or process of investigation, headed by Chief Justice Sathasivam personal liberty except according to prosecution and appeals in Afzal stayed the execution of fifteen death procedure established by law’. But Guru’s case, demand for blood row prisoners, convicted in different we argue that any procedure revenge resounded. In the case of cases, whose clemency pleas were followed to deprive a person of his/ Ajmal Kasab, whose guilt unlike rejected by President Pranab her life or liberty, is unjust and CDRO Bulletin 3 unfairly stacked against the poor, in their interpretation of ‘rarest of the and seclusion are themselves forms political dissidents, and mostly rare’ crimes. The executive too is of punishment. Dalits and Muslims. We instead prone to subjectivity because We are mindful of the fact believe in the notion of rights as clemency or its denial is informed by that our Justice system is liable to indispensable for any idea of political expediency under the fig leaf errors. Although no form of democracy to be realized. Certain of “procedure established by law”. punishment is reversible, if a person rights are considered to be For a person on death row this is is incarcerated for ten years, there is inalienable, foremost being the right indeed a lethal lottery. no way how he/she can be repaid to life, which also pre-empts all other We, therefore assert that those years back. However, death rights while envisioning a democratic the purpose of any form of penalty forecloses any possibility of state and society. punishment in a society that seeks reversal. If it is later proved that the Within the framework of a to cherish the values of justice and person sentenced to death was not democratic state, the state is looked democracy, has to be an end to crime, guilty of the crime he was punished upon as the guaranter of rights. Thus, and not criminals. For instance for, nothing can be done about it. A the right to life, which means that all demand for death sentence for rape life lost can never be compensated. individuals have the right to live with diverts from the need to Over and above, death penalty dignity, is a right that the state is expeditiously punish the rapist as legitimises the sense of vengeance obliged to protect. Once a person is well as need for fighting against in state and society, and reinforces taken into custody by institutions patriarchy. Similarly, demanding the cycle of cruelty. of State tasked with that authority, death for terrorists obviates the need While demanding the protection of his/her life becomes of to look at the social and political abolition of death penalty, PUDR utmost importance. Anything origins of political violence. As a argues also for reform of jails as contrary, is a gross violation of rights result, death penalty eliminates the correctional institutions and for by the same state that is obliged to scope for reform and diverts addressing the issue of protect them. He/she cannot be attention from systemic origins of proportionality between Crime and bodily harmed, tortured, subjected crime. And it glosses over the fact Punishment, among other issues that to extra-judicial execution or awarded that incarceration, loss of freedom need to be taken up simultaneously. death penalty. Under such circumstances the award of death to has started. The contents of Impunity to the ... a person incarcerated is but a ‘legally commission of inquiry report ordered mandated custodial killing’. This by the state government were not people’s movement. The nature of gets compounded because it is a made public as Army had gone in violence and the nature of impunity demonstrated fact that form of appeal against the State of Manipur undergoes a drastic change in itself. punishment hits mostly those who questioning its powers to order such The violence is not only an come from marginalised sections of an enquiry. abrogation of fundamental civil and our society. Thus the award of death Armed forces, paramilitary human rights, the torture is not only penalty becomes even more forces, and to a large extent state a means to force admission of the problematic because it subverts the police forces in India enjoy a great innocent for some crime he may have Right to equality before law. We thus deal of impunity or exemption from never done; but the violence, the consider the license provided by the prosecution of acts done in torture becomes an instrument to Constitution and law to award furtherance of their official duty. oppress a legitimate demand, crush capital punishment as a flaw in our While the logic behind such a valid struggle, and subjugate Constitution. impunity seems to be legitimate, people. In the name of protecting the These arguments are considering the kind of functions sovereignty, security, and integrity reinforced by our belief that the death these forces perform. However, let of the nation, a powerful and penalty being inherently an outcome us just pause and think what impermeable shield is provided to the of human agency can never happens when this impunity is used Armed Forces of the Union (AFUs) transcend the subjective disposition to perpetrate violence with political which makes the concepts of rule of of its arbiters. This is certainly true motives to crush a rights or demands law, natural justice, and due process of judiciary because judges do differ based struggle and to paralyse a inoperative. That shield we find in

4 CDRO Bulletin the form of various legislations, shield, State action or inaction at Thus, we see that executive action/ executive actions (rather lack most places has been instrumental inaction perpetuates the impunity to thereof), and even in judicial in perpetuating the impunity of the the armed forces as well. pronouncements. armed forces. Central Government The role of judiciary in Traditionally, the Armed rarely agrees to sanction the demand piercing the impunity shield is Forces Special Powers Act (AFSPA) of prosecuting Army officials in pathetic at best. There is an has been the impugned act and has criminal courts. For example, out of inexhaustible list of examples. In the been at the heart of opposition of 44 applications for grant of sanction case of disappearance of Y. people’s movements in areas of for prosecution of members of the Sanamacha Singh, a grade VIII armed conflict. Section 6 of the Indian Army, posted in Jammu and student, by the Assam Rifles in 1998, AFSPA provides immunity to Armed Kashmir during 1989-2011, 33 were the then Manipur government forces for their acts done in rejected and 11 are still pending for constituted an enquiry commission disturbed areas by requiring a determination. In Manipur, the under the Commissions of Inquiry compulsory sanction from the Supreme Court in the year 2013 Act, 1952 to find out the truth about Central Government before appointed a Special Investigation his disappearance. Subsequently, instituting any legal proceeding. It Tribunal (SIT) to investigate six the Assam Rifles filed a petition in is noteworthy that, Justice J.S. Verma cases of encounter deaths in the the Gauhati High Court, Imphal Committee (2013) while looking into state. It has revealed that in the last Bench seeking to quash the enquiry legal reforms related to violence 66 years, only three cases of proceedings. Counsel for Assam against women observed that complaints against Central Security Rifles Mr. N. Ibotombi Singh, argued ‘impunity for systematic or isolated Forces (CSF) were investigated. that “the armed forces of the Union sexual violence in the process of Even in those three cases, the details are performing extremely difficult internal security duties is being of action is not known. Such history functions in the disturbed areas and legitimised by the AFSPA’ and of legal immunity against security if they are subjected to harassment ‘women in conflict areas are entitled forces has bred a culture of impunity and humiliation at the hands of the to all the security and dignity that is which has percolated down to the State authority, the morale and afforded to citizens in any other part state police forces. confidence of the armed forces will of our country’. The Committee In many parts of Central get shattered. In the interest of the therefore recommended to review India where AFSPA is not Nation and in the interest of the AFSPA and also suggested to ‘take promulgated, CSF is carrying out discipline and morale of the armed special care for the safety of counter-insurgency operations forces of the Union, it would be complainants and witnesses in against armed Maoist activists. highly improper and inappropriate cases of sexual assault by armed Security forces are perpetrating if the State Govt. is allowed to personnel’. However the Central heinous crimes such as murder, rape, inquire into their functioning or the government discarded the important torture, forceful dislocation of manner in which they are recommendations given by Justice villages, etc. against its own people discharging their duties.” Justice Verma Committee related to the in these areas in the name of P.K. Sarkar appreciated the argument AFSPA. ‘counter-insurgency’. After the of the counsel and held that such If we trace the source of Manorama Devi incident in 2004, enquiry commissions should not impunity we may find and AFSPA was de-notified in the Imphal lead to the harassment and interestingly so, that legal impunity Municipality area. However, humiliation, or become a ground for by way of AFSPA is only one form Manipur Police Commando once lowering the morale and confidence of immunity enjoyed by the armed carried out a broad daylight shooting of armed forces. forces. Sections 70, 125 and 126, of at Kwairamband Bazar in the heart Such observations were the Army Act, and corresponding of Imphal on July 23, 2009. One Sanjit also made in the case of Masooda section of BSF Act, CRPF Act etc, and another pregnant woman, Parveen vs Union of India (2007); also provide legal immunity to armed Robina was killed in this cold- Masooda Praveen, wife of Ghulam forces. blooded police action. The state Mohi-uh-din Regoo who died in To add to the legislative government refused to take prompt army custody, filed a petition seeking action against errant police officers. monetary compensation in the

CDRO Bulletin 5 Supreme Court of India. The jurisdiction to try military officials. civilians are entitled to in these Supreme Court rejected the plea, Supreme Court upheld the areas). And on the other hand, it agreed with the argument advanced supremacy of the choice of Army to continues to deploy its forces with by the Army’s Human Rights Cell conduct its own court-martial and unimpeachable legal immunity to that ‘any compensation awarded to not to let criminal justice courts suppress people’s struggles. Hence, his family would lower the morale interfere. people are at the losing end in all of the security forces engaged in The judgement raised the ways - denial of internationally fighting militancy’. Armed forces to a level of acknowledged rights, gross Any reference to ‘morale unquestionable authority by violation of basic human rights, and and confidence’ of the armed forces imputing presumption of good faith continuous denial of justice. is viewed from the nationalism angle, in their acts; and violated the basic Central to all these issues which is deeply engrossed in the principle of natural justice i.e., one is the legal immunity that is provided minds of state agents and citizens cannot be a judge of his own cause, to armed forces in these areas of alike. The notion is so misconceived by upholding the right of army to armed conflict which aggravates the that any barbaric act e.g., fake prosecute its officials. problem, to which there should be encounters, rapes and sexual torture, On one hand, the peaceful political resolution. physical torture, forced Government of India refuses to disappearance, etc. are seen as recognise these areas as armed collateral damage of army operations conflict areas as defined by CDRO in maintaining ‘national security and international humanitarian law 30 June 2014 peace’. (thereby denying the rights that The recent Pathribal judgement is quintessentially, an A report on expression of exemption and migrant workers’ palm chopping incident licentiousness armed forces are allowed, even without the impugned On behalf of PUCL a team had visited Nuaguda and Pipalguda village in AFSPA, Army Act, etc. In the case, the District of Kalahandi in Odisha, met the victims at the Hospitals and in March 2000, unidentified gunmen interacted with the ADM and SP Kalahandi and the labour department massacred 36 Sikhs at officials at the district and state level. The report is based on the team’s Chittisinghpora in Anantnag district. findings. Few days later, five persons from Too much familiarity breeds contempt- runs an old saying. Put it in three villages in Pathribal were a social context, it can be said that too much familiarity with a social problem abducted and then killed in an alleged renders it almost invisible, and, thus, acceptable. But when something so encounter. The FIR filed by the Army horrible and cruel an incident happens that it breaks the armour of maintained that they had killed five acceptability and invisibility, we begin to see it, talk about it and try to “foreign militants” who had respond to, as if it were never there earlier, albeit temporarily. Chopping off massacred the Sikhs. Later, protests palms of two migrant workers by the contractor is such an incident that were staged against the fake recently took place in the District of Kalahandi in Odisha. On the 17th January encounter where CRPF and SOG 2014, when the local media reported the news of Nilambar Dhangdamajhi opened fire, killing eight people. The and Dialu Nial’s palms being chopped off by some labour dalals and Chief Judicial Magistrate ordered an subsequently, the electronic media showed the visuals of bandaged stumps, enquiry which concluded that the the hands without palms, of the two lying on the hospital beds, everybody people killed were local civilians and – ranging from the minister of the concerned ministry to the Supreme Court, were not “foreign militants”. including a section of civil society – awoke to the situation and followed a Thereafter, case was transferred to flurry of activities and responses. CBI in 2003, which filed the report The labour minister immediately announced an ex gratia of Rupees implicating guilty officers of 7 two lakhs for each of the victims, and stated that the culprits would be Rashtriya Rifles. Army moved to punished according to the law. The district police arrested seven people apex court to obtain stay and within a week, and conducted raids to rescue migrant workers illegally contended that district court has no trafficked by labour agents. Human rights organisations appealed to the

6 CDRO Bulletin State Human Rights Commission of along with his wife Manjula and a and the workers regarding payment Odisha and the National Human four year old son, had gone to work of advance money to the workers. Rights Commission for their in Andhra Pradesh.The older son, There are also reports of disputes intervention, and the latter have Umesh, was left behind in the village regarding the place they were being asked for reports from the state with relatives. This year as well the taken to by the agents. Exact details government. The Chairman of the couple and the younger child of the dispute are not known. But, National Commission for the planned to migrate for work while the whatever it may be, the workers, Scheduled Castes visited the district elder child Umesh was to be left except Nilambar and Dialu, managed to inquire into the issue. The Supreme behind. He is studying in class VI. to escape from the agents. After their Court of India too took suo motu Nilambar and his wife are illiterate. escape, Nilambar’s family started notice of the case and has asked for Dialu Nial lives in receiving calls from the agents that report from the government. But Pipalguda village, located in the unless they return the advance would all of this make any difference same Jaypatna Block. He is about 19 money (about Rupees two lakhs for to the lives of hundreds of thousands years old, and belongs to a dalit the entire group) the agents will kill of poor migrant workers like Nilambar community. He is the third of the four the remaining two workers. This Dhangdamajhi and Dialu Nial, who sons in the family. His parents are threat went on for about a week. The regularly experience inhuman landless; they do not possess even families reported in writing to the SP treatment and exploitation in various a homestead land of their own. They of Kalahandi district on the 13th forms in the hands of their employers have been living for generations in a December about the threat. The same and middlemen? In fact, since the small hut built on a government land day, the family members of the palm chopping incident, several in the outskirt of the main village. In victims had met the district labour cases of torture of migrant workers fact, the entire dalit community living officer and reported about the matter. have already been reported in the in this hamlet of Pipalguda village The two workers’ palms were media, the case of 10 year old does not possess any homestead chopped off in the night of 15thof Sushanta Kumbhar, the son of a plots of its own. The family members December, and they were left migrant worker who was mercilessly of the family of Dialu Nial earn their bleeding in a forest in Sindhekela beaten up by his employer, being the living by making ropes out of used Block of Bolangir district. On the cruellest one. The following narrative plastic bags. Dialu Nial was planning morning of the 16thsome local is an attempt by PUCL Odisha to to migrate for work for the first time people noticed the two, and sent understand this disturbing social last year. The entire dalit community them to the Bhawanipatna district phenomenon. It begins with the in the hamlet is illiterate. Only two hospital. stories of three victims. children study in a primary school. Santosh Kumbhar and Caste discrimination against the Bhanumati Kumbhar, parents of ten Hands that feed: Stories of three dalits is intensein the village. Some year old Sushant who got beaten up victims of the villagers reported that the at the brick kilns, live in Kadalimunda Nilambar Dhangdamajhi of children of the dalit hamlet did not village in Patnagarh Block of Balangir Nuaguda village in Jaypatna Block go to the village school because they district. They are dalit, illiterate, and of Kalahandi district, a landless were taunted by upper caste children have a small piece of agricultural adivasi, earns his livelihood as an and teachers. The two school going land. The couple has two other agricultural labourer. During the children now go to a school which is children who are older than Sushant. monsoon months, he works in the meant for exclusively for children The family used to live in Rourkela village, and for the remaining months belonging to the Scheduled Castes for some years, Santosh working as travels with the family to work in the and Scheduled Tribes. a casual labourer and Bhanumati brick kilns outside Odisha. His father Both of them were part of a working as a domestic worker. They Madhab Dhangdamajhi is in twelve members group being taken returned to their village Kadalimunda possession of two acres of non- by the local labour agents to Andhra to look after Santosh’s old parents. irrigated agricultural land. Nilambar Pradesh to work in the brick kilns But work was not available in the has two brothers, and the land his sometime in the first week of village to keep the family of seven father possesses is not yet shared December. On their way, some members going. The family didn’t between the sons. Last year, Nilambar, dispute occurred between the agents have a BPL card or a job card. Santosh

CDRO Bulletin 7 again began to look for work outside rescued and brought back to Odisha. of unemployment due to suspension the village. Last year he went to the Sushant is now undergoing of all sorts of agricultural operations, Talcher area to work in the brick treatment at the SCB Medical and there was a steady flow of such kilns. This year he had moved with College and Hospital in Cuttack. population to urban areas and his wife and three children to There is little hope that he will be industrial centres like Rourkela and Gulbarga district of Karnataka to able to use his left hand for a normal Bhilai in search of employment”. work in brick kilns. living. It is popularly believed that Santosh Kumbhar’s family The vulnerability of these the season of migration begins after along with three other dalit families three migrant workers’ families was Nuakhai – a mass festival in Western had left their village Kadalimuda not unique in any sense. Rather, they Odisha marking the beginning of the sometime in September 2013. Each represent the vulnerability of harvest season – around mid- family was given two thousand hundreds of thousands of men and September or early October rupees by a man named Mohan of women of South-western Odisha according to the lunar calendar. In Baglabandh village as advance who migrate to other states every some quarters, Nuakhai is held as the money for the work they would be year to work in brick kilns. This is culprit for this process of migration. doing in the brick kilns. They were only symptomatic of a larger and People, especially those belonging then handed over to a man named deeper social malaise which the state to the poorer sections, take loans Bhutlu Behera of Tikrapada village, and the larger society remain largely from labour contractors to celebrate in the same Block. Bhutlu Behera indifferent to. the festival, and then migrate for work took the whole group to a brick kiln in order to repay it. In reality, it seems in Gulbarga district of Karnataka. Diagnosing the disease: A peep into to be a gross simplification of a There the three families worked in a Oral and Documentary evidences complex socio-economic problem brick kiln called SBI Brick kiln. The Oral history suggests that afflicting hundreds of thousands of owners gave each familly around in Western Odisha it is the landless people of that area. It is true that 450-500 rupees per week as their food dalits who first migrated to urban mass migration starts after Nuakhai. expenses. No wage was given for areas both inside and outside the But it is a coincidence, plain and two months. And when the workers state because of the rigid casteist simple. The fact is that during the began asking for their wages, the feeling and the lack of employment period between November and June, employers began beating them. The opportunity in the rural areas. For there is hardly any agricultural brick kiln owners had a gun and they the dalits, urban spaces not only operation in an unirrigated belt to threatened the workers with murder provided them with livelihood but give employment to landless people. if they didn’t obey the owners. They lessened the intensity of the Secondly, small and marginal farmers were kept under constant vigil, and experience of caste-based owning bhata land (upland) finish were not allowed to go anywhere discrimination. But after the drought harvesting early. And, as any cursory outside the worksite. One day, of 1965-66, mass migration took place look will reveal, governmental Sushanta was asked to work by the from the Balangir and the adjacent schemes such as MGNREGS brick kiln owner and he refused. The districts. People from other castes operates more on paper than in the owner couldn’t take it and started and people having land, mainly small field. Then, what will they do in their beating him with an iron rod. Seeing and marginal farmers, also began villages if not migrate in search of her son being beaten up, his mother migrating seasonally, in what in livelihood? On the other hand, brick came running to protect him. She too Western Odisha called “Dadan making begins at the end of the rainy got beaten up. Sushant’s left hand Rutu”- the season of migration. The season, around mid-October and was broken but he was not given any District Gazetteer (Balangir) writes, early November, and the demand for medical treatment. The family was “Failure of crops which was the labour to work in the brick kilns rises. not allowed to visit a hospital. The inevitable consequences of drought Hence, the local contractors and condition of the boy’s hand shattered the rural economy of the dalals who know the ground reality deteriorated. It was at that point that district. The bulk of the population use Nuakhai for labour hunting. an NGO from Odisha got the news which constituted the landless A look at some key socio- and with the help of Karnataka agricultural labourers was economic indicators of Kalahandi administration the workers were confronted with the ghastly problem and Balangir – the two districts

8 CDRO Bulletin where Nilambar Dhangdamajhi, Dialu respectively; and the area under them western Odisha to other states are Nial and Santosh Kumbhar come is 16.03% and 24.95%. On the other estimated to be about 2 lakhs. An from-would throw some light on why hand, medium and large operational ongoing joint study of ILO and the people increasingly migrate to other holdings constitute 6.93% and state Labour Department has states in search of work. In 0.68% of the total operational identified 29496 households from Kalahandi, dalits and adivasis holdings but the area under them is Balangir district alone which have constitute 17.67% and 28.65% 24.61% and 6.30%. That means one or more persons who migrate to respectively of the total population; 75.87% of the operational holdings work outside the state. in case of Balanir it is 16.92% and hold only 40.98% of the total area Against this background, 21.63%. Forget about higher whereas 7.61% of the operational let us see how the state has education, the rate of literacy among holdings hold 30.91% of the responded to the enormity of the these two social groups of both the agricultural land. Secondly, there is problem. districts is also not encouraging. In a sizeable landless population in both Kalahandi, the rate of literacy among the districts as evidenced by the Acts and Schemes: Responses of the dalits and adivasis is 47.12% and percentage of agricultural labourer; State 34.17% respectively, and in Balangir in Kalahandi and Balangir they After the drought of 1965- it is 53.54% and 43.64 % (Census constitute 50.32 % and 40.05% of the 66 when mass migration followed 2001). total workers. And it is this and kept on continuing, the Govt. of Agriculture is the mainstay workforce, largely drawn from the Odisha brought about an Act called of the economy of both the districts, dalit and adivasi sections of the Contract Labour (Regulation and and it is largely rain-fed. In Balangir, population, which finds itself without Abolition) Act, 1970 to protect the 22.42% of the total sown area for work after the harvesting season, and interests of the workers. And Odisha Kharif and 5.58% for Rabi season are migrates to other states in search of was the first state to bring about irrigated; it is 54.81% and 38.94% work. (Statistical Abstract of Orissa, such a law. However, as it was a state respectively for Kalahandi (District 2008) (Odisha) law, other states to which Statistical Handbok-2009). Still, a Though this has been a workers were migrating, were not huge percentage of workforce i.e. recurring phenomenon for the last bound to act upon it. Hence, a Central 71.08% (Balangir) and 79.95 %( several decades, there is no Govt. Act, “Inter-State Migrant Kalahandi) are involved in it. But the authentic official data available Workmen (Regulation of relations of production surrounding either at the district or at the state Employment and Conditions of land are skewed, largely dominated level on the magnitude of this Service) Act, 1979 was enacted. This by marginal and small peasants. In migration. According to official act envisages that the licensed the Balangir district, of the total records of the state Labour labour contractor who will take the operational holdings, marginal and Department, a total of 120381 workers to other states and the small holdings constitute 48.99% workers migrated from the state in principal employer with whom the and 31.01% respectively; and the 2013 (till November) of which 34407 workers will work will see to the area under them is 17.57% and workers were from Balangir and 3636 wellbeing of the migrant workers. 29.21%. On the other hand, medium were from Kalahandi. However, it is This also presupposes that the and large holdings constitute 4.67% important to note that the official migrant workers should go through and 0.67% of the total operational figures are based on information a licensed contractor. But, this is not holdings but the area under them is supplied by licensed labour the case, and it is amply clear from 19.12% and 6.71%. That means 80% contractors. But, in reality, most the stories narrated above. This is of the operational holdings hold only workers go through unlicensed primarily because majority of the 46.78% of the total area, whereas 5% agents and their number is workers migrate through unlicensed of the operational holdings hold obviously is a multiple of what the contractors out of sheer desperation, 25.83% of the agricultural land. official records show. Various non- and do not know who is a licensed Similar is the case in the official estimations [2] put the figure contractor and who is not. They go district of Kalahandi as well. Marginal around 1 million, the majority workers through a person who happens to and small operational holdings being from Ganjam district to Surat be someone from their own village constitute 46.84% and 29.03% in Gujarat. People migrating from or a nearby village who has migrated

CDRO Bulletin 9 once or twice, and knows the place During our field visit it was incidents smell of corruption in the and the rail route. He can even be a revealed that none of the victims’ implementation of MGNREGA and pan shop owner at the railway families possessed a job card. In fact, call for further investigations. It station who has some connections the entire dalit hamlet of Pipalguda needs to be noted that acting upon with the Railway Police (because village having 10-12 families did not a PIL filed by an NGO called Centre Railway police sometimes intercept have a job card. It was only after the for Environment and Food Security the movement of migrant workers palm chopping incident that the (CEFS) based in New Delhi, that taken by the unlicensed contractors) district administration issued a job alleged large-scale irregularities and to facilitate the movement of the card to Dialu Nial on a back date; corruption in the implementation of migrant workers. The whole process obviously to avoid any the MGNREGS in Odisha, the is unwritten and invisible and has embarrasment. Similarly, in Nuaguda Supreme Court of India had ordered created its own vested economic village Jaya Parabhue and his wife for a CBI inquiry into the allegation interests at each level. Bhumisuta Parabhue – who were in 2011. Based on a study of 100 Beside legislation, the state part of the same group of labourers villages in six districts in the KBK has responded to the problem by in which Nilambar Dhangdamajhi and region (the region comprising of the bringing in one scheme or the other Dialu Nial were being taken to Andhra undivided districts of Kalahandi, as and when a horrible story of child- Pradesh – did not have either a job Balangir and Koraput), the NGO had selling or starvation death or mass card or a BPL (Below Poverty Line) alleged that NREGS funds to the tune migration hits the national media, card. The couple had been issued of nearly rupees five hundred crores and then Prime Minister of the an APL (Above Poverty Line) card, had been misappropriated by corrupt country visits the area. Indira Gandhi though they are landless and belong officials. The investigation is still visited this area in the late 1960s, to an adivasi community. Gobardhan going on. Rajiv Gandhi visited in the 1980s and Dhangda Majhi, another landless Apart from corruption, the P.V. Narasimha Rao visited in the adivasi man, who lives in the same provision of one hundred days of 1990s. Since then a plethora of hamlet as Nilambar Dhangda Majhi employment guarantee has been schemes of both the State Govt. and has no job card. Ratnakar Sahu, a fulfilled only for a very small number the Central Govt. – RLTAP( Revised landless man belonging to the OBC of job seekers. According to Long Term Action Plan), BKVY (Biju (Other Backward Classes) government’s own data [3], in Krushak Vikash Yojana), WORLEP community, has no job card. Balangir district, out of 273550 job (Western Orissa Rural Livelihood According to these villagers, there card holders, only 5575 households Programme), OTELP (Orissa Tribal are many landless families in the have been provided 100days of work Empowerment and Livelihoods village who do not possess job cards. till the January ’14 during the Programme), Western Odisha Vikash However, for those who financial year 2013-14. During the Parishad etc. – have been have job cards, the situation is no same period, in Kalahandi district, implemented to deal with the issues better. There is either the complaint out of a total 295831 job card holders, of hunger and poverty of the region. of delayed payment of wages or of only 2801 households have been In 2005, the central some malpractice involved in its provided 100 days of work. The PEO Government brought in the much transaction. For example, Sukand of Uchhala Gram Panchayat(GP), hyped Mahatma Gandhi National Dhangdamajhi, a woman labourer under which Nilambar Rural Employment Guarantee Act from Nuagad village complains of Dhangdamajhi’s village Nuaguda (MGNREGA) to address the issue of not yet getting wages for 15days of falls, told the PUCL team that out of rural poverty across India. The Act work in a government nursery two about 1400 job card holders in the provided for a minimum of hundred years ago. Her husband Sadhu GP only three families had got 100 days of employment guarantee to Dhangdamajhi says that as per days of work this year till December any rural household willing to do entries in the post office pass book 2013. He also said that payment of unskilled manual labour at the an amount of Rs. 3024/- was wages getting delayed by one month statutory minimum wage. Following deposited in and withdrawn from his is common and sometimes it takes is an account how the Scheme has account in the year 2013, when none even three months. This has recently really worked in case of the families of his family members had worked been highlighted by Jayram Ramesh, discussed in this report. under NREGS for that year. Such the Minister for Rural Development

10 CDRO Bulletin in his letter to the Government of Odisha, stating that “wages Statement in solidarity with struggling amounting to Rs.216 crores, which workers of Bajaj Motors, Gurgaon is about 41 per cent of the total wage payment, have been delayed by over On the NH-8 stretch from Gurgaon to Manesar, the largest concentration 15 days by the state government of two-wheeler production in the world, the workers of Bajaj Motors while Rs.29 crore out of the total wage are on sit-down protest at the factory gate since the morning of 24th payments has been delayed by over February. Day and night through the last two weeks, workers have 60 days”. (New Indian Express, 11th held through their unity emerging even stronger in the face of ‘legal’ Jan, 2013). In such a scenario, it is and illegal attacks and manipulations by the management, coercion not hard to imagine that people are through huge mobilization of police force (the day before, police tried left with no other choice but to breaking the tent) and coordinated threats and attacks by local goons migrate out in search of employment and livelihood. on the payroll of the company. The Bajaj Motors Gurgaon management launched a fresh attack Conclusion: on its workers by a series of vindictive terminations and suspensions, When a socio-economic effecting a lock-out situation by imposing a humiliating ‘good conduct problem like mass migration has been bond’ as a condition for entry, and forced-work in conditions of near- persisting for the last several bondage for a handful of contract workers. decades and becoming more and On Monday 24th Feb when A-shift workers came for work, more acute, it needs deeper probing they found a list of suspension orders against 15 workers, while others and analysis. This small, limited were asked to sign a humiliating ‘Good Conduct Bond’ to go inside. On report cannot claim to have made Sunday, in preparation, 150-200 DT (Diploma Trainee or another name such a study. But, it should be for contract) workers had been called by the company on overtime, evident from this report that and were being forced to work in conditions of near-bondage, abused structural inequality in the agrarian and even threatened to be physically assaulted, and arrangements made economy of these two districts has with tent on the rooftop to stay overnight within the factory premises a bearing on the mass poverty and itself. On Tuesday 25th February morning, one worker from among the resultant mass migration. The the DT workers inside, fractured his leg while attempting to jump from Acts and the Schemes of the Govt. over the wall of the factory premises running away from this forced do not address this inequality. labour. Production is practically at a halt with less than 10% taking Unless and until this basic inequality place by the 150-odd workers as all the other around 1500 workers are is addressed incidents like palm on sit-down protest at the gate ever since. chopping, or such brutalities in many This attack comes in the wake of a long struggle of the workers other forms, will continue to surface in the plant which the management has been continuously trying to time and again. suppress since the ‘audacity’ of the workers in forming ‘Bajaj Motors Workers Union’ in 2008 (Reg. No. 1870). Five among the 15 suspended workers are BMWU body members. Symptomatic of the management Peoples Union for Civil Liberties attack on the Union is the termination of work of the BMWU President (PUCL) Vijender Gill without any formal notification since 22 Nov 2012 just after the settlement of the Charter of Demands, while due to pressure March 3, 2014. two other Union body members were reinstated earlier. Workers were demanding reinstatement of all suspended workers. While the Notes: [2] Various unofficial reports cited management claims that the reason for suspensions is ‘indiscipline and in a study by Aide et Action, an slow-down of production’ in the last five days, the real issue at stake as International NGO, working on one worker puts it is, “At present here (in Gurgaon-Manesar) the migration issue in Odisha. managements of all the companies and entire the (state) department is [3] Official website of the Govt. of united to put curbs on workers forming their own organization for their India, Ministry of Rural needs, rights and social security, as they fear that their profit margins Development

CDRO Bulletin 11 will be affected if workers get machinery at its beck and call. permanent, working for 1-2 years. organized.” Since before the Ever sky-rocketing Only around 10% of the workers formation of the Union itself, profits for Munjals and their are from Haryana, while the rest coercion and threats, even partners has meant ever increasing are migrant workers; most worker brandishing guns by bouncers to workload in increasingly dismal stay on rent 10-12km from the dissuade workers from filing for conditions for the workers in the factory. their Union recognition, have been Narsingpur plant here. The highly At present workers the ways of ‘maintaining mechanized production process continue to sit in protest at the discipline’. After the formation of has meant cutting down on jobs factory gate on the national the Union through a two-hour and increasing workload on a single highway. Other workers and strike, the management started worker rather than its opposite as Unions from the region are coming process of Union-breaking and the claimed by the management. in support, among whom are factory has seen continuous Workers here sends parts for Maruti Suzuki Workers Union, coercion and resistance. 15000 bikes everyday, producing Honda Employees Union, Hero Workers of Bajaj Motors 22 engine parts like shafts, planks Motor Corp Employees Union, are not new to struggle of the to Hero Motorcorp (Gurgaon, Suzuki Motorcycles India working class in the belt. On 20th Haridwar, Dharuhera), Suzuki Employees Union, and Unions October 2009, Bajaj Motors Motorcycles, Mahindra two- from Omax Auto, Lumax Auto, workers joined other 1 lakh auto wheelers, New Holland Tractors, Rico Dharuhera and FCC Rico, workers in the region on a one- and so on. Suring the struggle at Automax, and so on. The day general strike to support the present, workers seek to turn this settlement meetings so far have 43-day strike of nearby workers production chain into a chain of not yielded any results with the at Rico Gurgaon where 26 year old resistance appealing to the workers management adamant on breaking worker Ajit Yadav had been shot in 3 other Bajaj Motors plants (of the workers unity, while the dead by management goons. On its 11 total plants) in nearby workers are resolved to struggle 7th October 2011, Bajaj Motors Manesar, Binola and Bawal to come ahead with their demands. workers occupied the factory on in support for a larger struggle. a 20 hour strike, in solidarity with The plant in Gurgaon has * Immediately reinstate all the the Maruti Suzuki Manesar around 1500 workers of which terminated and suspended workers’ second-phase of strike 283 are permanent with wages workers of Bajaj Motors! that year which happened with the around Rs.10-12000 while the rest * Immediately implement the just demand to take back all contract are contract workers of various demands of Bajaj Motors workers. categories who are doled the workers! To crush this emerging Haryana minimum wage for * End the regime of exploitation- unity of workers on a plant level, unskilled worker of Rs.5342. oppression of workers in the organized company Whereas the work required is of a Gurgaon-Manesar- managements of the region waited highly skilled nature, the bulk of Dharuhera-Bawal in the name for a reason and situation to attack the work is foisted on contract of development! the workers. Bajaj Motors Owner workers whose skewed ratio Chairman and MD, V.P. Bajaj is the compared to permanent workers President of the GIA (Gurgaon is even admitted by the Workers Solidarity Centre, Industries Association), and the management. The contract Gurgaon relative of Brajmohan Munjal, workers also find themselves owner of Hero Motorcorp, with terminated from their jobs after (declared) personal wealth of $2.2 every 6-7 months; there’s another bn. This family alone controls category of around 300 contract number of factories in the region, workers called DT (diploma and has the government trainee) who’re never made

12 CDRO Bulletin Statement against the proposal of major port near Dugarajapatnam-Nellore

The Human Rights Forum (HRF) demands that the government ecologically sensitive. If these immediately drop the proposal to construct a major port near steps are not taken and the Dugarajapatnam in Vakadu mandal of Nellore district. If the attempt to set up the port at government does go ahead and sets up this port, it will seriously Dugarajapatnam is persisted with, endanger the country’s second largest brackish lagoon, the Pulicat then there is danger that we may Lake. lose this precious wetland for A 10-member HRF team visited several villages in and around posterity. the Pulicat Lake on Wednesday (March 12). It was clear to us that a large portion of the land being sought to be acquired for the proposed Sd/- port (5,028 acres in the first phase) is actually located within the northern boundary of the Pulicat Bird Sanctuary and its Eco-Sensitive VS Krishna (HRF general Zone (ESZ). secretary) Apart from being an ecological treasure trove, the Pulicat B Narayana (HRF Nellore dist. Lake also sustains the livelihood of thousands of fisherfolk, dalits and Convenor) Yanadis (STs) who depend on the bio-resources in the area. The port will seriously undermine their livelihood. This valuable wetland, with its rich biodiversity should have already been declared a Ramsar Human Rights Forum (HRF) wetland and further steps taken to conserve and nurture it. Instead, (Andhra Pradesh) the government is seeking to set up a major port in a fragile eco- system. This can only be described as “environmental vandalism.” March 16, 2014 Towards this end, the Ministry of Environment and Forests (MOEF) issued a draft notification on 3-1-2014 seeking to reduce the eco-sensitive zone (ESZ) from 10 km to 2 km radius around the Pulicat Sanctuary. This is being done in a surreptitious manner with the sole intention of facilitating statutory clearances for the proposed major port at Dugarajapatnam. This is a brazen attempt to bypass environmental law. It is a shame that Mr Jairam Ramesh, a former Union minister of environment and forests, continues to maintain the fiction (like he did yesterday in a press meet at Nellore) that there are no “abiding environmental issues” with regard to the setting up of the major port at Dugarajapatnam. The attempt at reduction in ESZ is completely unwarranted and an invitation to an impending ecological disaster. HRF demands that the MOEF withdraw the notification earmarking only 2 km as ESZ for the Pulicat Sanctuary. No permission must be accorded or relaxation given to establish any ecologically damaging activity like hazardous industries, thermal power plants, seaports or airports in the 10 km width ESZ. The government must examine alternative sites for setting up the port in an area that is not

Note: Villages visited by the HRF team wre Anjalapuram, Kondurupalem, Pulinjirivaripalem, Sreenivasapuram and Tupilipalem, all in Vakadu mandal.

CDRO Bulletin 13 Fact-finding report on recent happenings in Punjab University Chandigarh

On March 18, 2014, the police had mercilessly beaten up students of Panjab that other universities in the country University (PU), Chandigarh, for protesting against fee hike. The police had been increasing fees had arrested nine students and booked them under serious charges like continuously, but PU had not done molesting a lady police constable. so in the past three years. This would To know the true picture of the incident and dig into the facts, the mean pushing the university on the state committee of the Association For Democratic Rights (AFDR), Punjab, verge of closure. In such a situation, constituted a fact-finding team, comprising AFDR General Secretary Prof the authorities argued, the decision Jagmohan, state Finance Secretary Tarsem Lal, state Press Secretary Buta to increase the fees and generate Singh and one of the members Yashpal. other income sources was not wrong; On March 20, the team visited PU and tried to take the views of rather it was the need of the hour. In involved parties – protesting students, Vice-Chancellor Arun Grover, view of the PU authorities’ adamant university teachers and police officials. The team listened to the students’ attitude, students protested. parents present at the protest site. Deputy Superintendent of Police (Central) Activists of the Students Ashish Kapoor was contacted over phone to know his point of view on the For Society (SFS) had, on February matter. Some senior professors were approached for their take. The members 24, started an indefinite protest of the team also talked to journalists, who kept a close watch on the outside the V-C’s office. The V-C and students’ protest, especially on the day of police action and its aftermath. the university authorities know very The team sent a written request to the V-C’s office to seek an well that the protesting students are appointment with him, but he was too busy to meet. not lumpen elements, rabble-rousers and mischief-makers, rather they are BACKGROUND studious and have social concerns The genesis of students’ resentment that culminated in the protest – the contention corroborated by was rooted in a PU Syndicate’s decision of February 15 to increase the fees teachers whom the AFDR team met. of regular courses by 20% and self-financed courses by 10%. The Syndicate The activities of these took the decision during a meeting chaired by the V-C. students are a proof that they are In view of the present model of education that burdens students sensitive towards the injustices in with unbearable expenses, it was quite obvious that the proposed increase society. Be it the recent demolition in fees would draw their ire. The students had sent a memorandum to the V- of Colony Number 5 by the police, or C in protest against the Syndicate’s decision. As per students, the uncalled- crimes against women and for fee hike was a devious tactic to fleece students. They reasoned that the safeguarding their rights, or the proposed fee hike was against the idea of “equal education for all”; it incidents of injustice in the country would lead to the monopoly of education in the hands of a few, thus depriving and abroad, these socially aware the students from the economically and socially backward sections of the students have been showing deep fruit of education. concern towards such happenings. The students also argued that the continuous increase in fees The PU authorities ignored would curtail the opportunities of higher education for girls, who constitute the organisational consciousness 70% of the PU students, because their parents are always unwilling to and sensitivity of the SFS activists. spend more on them. Instead of coming forward for Every year from 2002 to 2007, PU had increased fees. In 2002-03, negotiation on the serious issue of there was an increase of 10%; in 2003-04, 10%; in 2004-05, 10%; in 2005-06, fee hike, the authorities adopted a 10%; and in 2007-08, 5%. The period from 2008 to 2014 saw no increase in conspiracy of silence, thinking that fees. Hence, the students not only demanded revocation of the proposed with the passage of time, the hike, but also sought rollback of course fees and hostel charges enhanced students would become over the years to relieve the students of the financial burden. disillusioned and shun the path of The V-C, instead of looking into the students’ demands, ignored protest. them. The university authorities justified their decision on the grounds The fact-finding team was

14 CDRO Bulletin surprised to learn that India’s top were kept waiting for hours. The student present at the protest site university lacked a consultative students’ medical examination was was roughed up by not one, not two, mechanism to redress students’ conducted five hours after the arrest but five police personnel. Students grievances – one of the mandatory so that the injuries could not be say that they have been booked requirements for recognition by the detected. under trumped-up charges. University Grants Commission The students’ repeated When the AFDR team (UGC). This explains the reason why requests to register an FIR based on contacted the DSP (Central) over negotiations could not be held. their complaint notwithstanding, the phone, he reiterated police’s The authorities’ unyielding police booked them under serious allegations but said he was not on attitude notwithstanding, the charges of voluntarily causing hurt duty on the day of the incident. The students grew in determination and (Sections 323 of the IPC), voluntarily DSP said he learnt about the held the fort. For 23 days, they causing hurt to deter public servant lathicharge the next day from police protested peacefully. The V-C used from his duty (Section 332), assault officers. (Top police officers’ to enter his office, showing no or criminal force to deter public irresponsibility and disregard to legal concern for the students. In view of servant from discharge of his duty procedure can be gauged from the authorities’ indifferent attitude and (Section 353) and assault or criminal fact that the police personnel entered to draw their attention to the issue, force to woman with intent to the campus and arrested the student activist Raminder Singh outrage her modesty (Section 354). students without the permission of went on an indefinite hunger strike The police told the students that a the Duty Magistrate and that the from March 12. The parents resented Daily-Dairy Report (DDR) based on entire action was carried out under that the university administration did their complaint had been registered. the supervision, not of a senior not intervene during the entire When the students asked for its officer, but of an SHO-rank junior protest. copy, the police refused to hand officer.) The protest gained ground them one – another example of and several students started joining police’s illegal functioning in the PROFESSORS PROFESS in. Seeing the growing number of matter. Professors, whom the team protesters, the V-C turned to the talked to, said they were being police to end the protest. On March V-C’s TAKE, IN ABSENTIA threatened to support the fee hike, 18, a heavy posse of police personnel The fact-finding team, in else the assets of 200 teachers led by Station House Officer (SHO) writing, sought an appointment with would be frozen. They said the only Malkit Singh entered the campus in the V-C, Arun Grover, on the matter. solution to the impasse was four trucks and tried to forcibly The request was declined on the negotiation. Senior teachers, detain Raminder. To this, the other grounds that the V-C was busy in a professors said, had been raising the students objected strongly. Baffled, meeting. issue of fee hike in institutions of the police attacked 20 to 25 students higher learning and, in view of the present at the protest site. They were POLICE’S POINT OF VIEW protest, would place the issue more ruthlessly beaten up with sticks and The police alleged that forcefully. Terming the police rifle butts. They were thrown to the students stopped them from presence on the campus wrong, the ground before being roughed up. In discharging their duty, attacked them professors criticised the police all, nine students were packed off to and molested a policewoman and action. They said they would the Sector 11 police station, where tore her uniform. This provoked the demand that strict action should be the ordeal continued; they were police to use force, they alleged. taken to end police intervention in again beaten up in custody. The the functioning of the PU affairs. police did not have requisite STUDENTS’ STAND permission from the magistrate to act. Students did not provoke CONCLUSIONS OF FACT- The students said they the police to use force. When the FINDING were not allowed to contact a lawyer police tried to detain Raminder, the After hearing out all point for their defence. So much so that students protested. Infuriated, the of views, digging deep into all facts, their friends and lawyers, who had police on the SHO’s command analysing the video footage and come to meet the arrested students, attacked the students. Every single photographs of the police action,

CDRO Bulletin 15 and looking at the injuries of again. And this explains why a heavy education model perpetuates this students, the AFDR has come out posse of police personnel was called very thought. with the following results: to ‘control’ just 20 students. 2. The 10% increase in fees 1. The V-C’s un-democratic 3. It is amply clear that the every year is unreasonable and approach to deal with the situation V-C directed the police to slap cannot be agreed upon. The Central is the main cause behind disturbing serious charges of molestation and universities function from the PU’s atmosphere. The person assaulting police personnel on those government funds and not from fees who was supposed to set the ball nine students who are studious and charged from students. The V-C’s rolling for the democratic process of socially aware. The authorities had decision to increase the fees runs dialogue to find the solution and get spread rumours about these counter to the constitutional right to the university administration students’ ideological affiliations to education for every citizen. His working on the issue instead sought malign the protest. This was done to argument is rooted in the corporate- police intervention, bringing to the muzzle their just voices and entrap like mentality of factoring in profit fore his dictatorial nature. Giving the students in false cases. In this and loss before taking any decision. precedence to police intervention way, the authorities tried to pave the over dialogue is a testimony to the way for unreasonable increase in If PU wants to run its affairs by V-C’s failure as an administrator. The fees. fleecing students on one pretext or V-C’s decision to call police in the During its investigation, the other, it should be projected as a university, where the authorities the fact-finding team learnt that the private university. Public money has have deployed nearly 200 security arrested students had been gone into the making of this 130- guards, is a throwback to the police protesting against the anti-social and year-old magnificent institution and high-handedness in universities of uncivilised environment towards girl its legacy of social values, which Latin America in 1970s. The police students on the campus. The were no different from the idea of action in PU cannot be justified at increasing participation of girl freedom struggle, should be any cost. It is a grave threat to the students in the SFS struggles is a safeguarded. Any compromise with university’s academic atmosphere testimony to their trust in these the PU’s ideals will pave the way for and a violation of PU’s basic students. imperialist loot. The V-C, instead of principles. The delay in examining the The authorities drew a veil burdening students with fee hike, arrested students medically is over the illegal and undemocratic should create pressure on the Centre another example of irresponsibility. acts of the police. And how did they and UGC-like Central institutions for 2. The students’ protest do this? By charging them with grants. was peaceful and within the molestation and, thus, maligned the 3. To struggle against confines of law. If Raminder had put social divide, inequality and his life at risk by going on an students’ image. Besides the lathicharge, this is an example of disparity-ridden education policy, indefinite hunger strike, the V-C especially for girls, is the democratic should be blamed for it because he police atrocity. Such attitude of the right of the students and their ignored the protest and thus shrunk police harbours anti-social elements parents. The unholy nexus between the democratic space for dialogue. who, in connivance with them, roam the police and the V-C that Besides, he should be blamed for not fearlessly, especially on the PU manifested in the use of brute force putting in place the grievance campus. redressal mechanism for students. 1. The AFDR is of the view to trample on the students’ peaceful The police used force on the V-C’s that the near-to-none participation protest is a violation of the direction and the tacit approval of of students in the functioning of democratic values. the PU authorities. It is clear from universities and shifting the burden the enormity of the police action that of university expenses on them are In the light of education force was used not to disperse the an attempt to further victimise the being the basic human right, the protesters, but to trample on their victims of unjust social order and AFDR is of the view: protest, dent their organisational centralise the social assets in the 1. A sitting judge should force and teach them an exemplary hands of a few. The present investigate into the police action. lesson so that they do not protest Based on the inquiry report, the

16 CDRO Bulletin culprits should be identified and legal proceedings initiated against Urban assertion them. For the purpose, the CCTV by North-east immigrants in Delhi footage of the March 18 incident should be seized. In February and March 2014 New Delhi witnessed a month long urban 2. Like in earlier protests assertion by lower and lower middle class immigrants hailing from the by labourers and farmers in Northeast region (henceforth immigrants), which subsequently spread to Chandigarh, the police acted on the some of the Northeast states. The assertion in Delhi was led by leaders from directions of a junior officer during NGOs, student and civil society organisations. They raised a couple of the protest in PU, a Central demands such as justice to the victims of racial assaults, security measures university. It should be a matter of to prevent racial attacks, enactment of an anti-racial law, inclusion of the investigation that whether or not the Northeast in the educational curriculum, reservation of seats in the Delhi police are trained to act on the Police, more hostels and measures to decrease room rents. command of junior officers during The assertion was sparked off by the fatal assault of one Nido protests. Is it not so that senior Tania, a student from Arunachal Pradesh at Lajpat Nagar area and the alleged offices are creating a dictatorial media and police indifference to the issue. It has been charged that on 29 environment in the city by remaining January 2014 Nido (18) was targeted by a group of Delhi denizens because of his different racial affiliation following an altercation. The Nido incident on the fringes to avoid being could suddenly arouse the sentiment and interplayed with ‘anti-racial’ questioned and arming their juniors perceptions of the Northeast people as the incident was preceded and with unrestricted powers to act? followed by series of assaults on the immigrants. Perhaps, the poignant 3. The V-C should take the memory of the murder of Richard Loitam by hostel inmates in Bangalore and responsibility for subjecting controversial suicide of Dana Sangma in 2012, the SMS threat and assaults students to police atrocities. It has leading to the mass fleeing of NE immigrants from Andhra Pradesh and been learnt that he has apologised Maharashtra in August 2012, the mysterious death of Reingamphi Awungshi but, to ensure that the incident is not in her room in Chirag Delhi on 29 May 2013, series of sporadic attacks and repeated, a mechanism should be put the indifferent attitude of the police in these issues seemed to have created in place. a sense of insecurity and some kind of pan-mongoloid solidarity, if not 4. The case against the assertion for justice among the NE people. students should be quashed. Interestingly the assertion, which had occurred at a time when the 5. The issue of fee hike 16th Lok Sabha elections were a few months ahead, seemed to have attracted should be discussed in the light of the attention of political parties such as the Aam Aadmi Party and the Indian basic right to education for every National Congress and relatively there was widespread media coverage. citizen. For the purpose, a democratic The ruling United Progressive Alliance headed by the Indian National process of dialogue should be Congress intervened into the matter, which led to the formation of an Enquiry initiated with the students. Besides, Committee vide Ministry of Home Affairs, Order No. 11012/110/ 2012 NE-IV, the PU authorities should mount Dated 5th February 2014. The Committee became controversial as it was pressure on the Centre to increase exclusively composed of retired bureaucrats. There was neither any judicial the grants. expert nor social leaders. As the students protested some persons from NGOs and student organisations were subsequently included. It invited Buta Singh, student organisations and civil societies to place their concerns. What Press secretary, practical course the government will take based on the Committee Report is uncertain. Many felt that the government was merely devising a safety Association for Democratic Rights, valve to defuse tension as it had not been able to come up with any mass Punjab appealing solution in the past. The past suggests a lot about unfulfilled promises and the failure March 27, 2014 to deal with racial attacks. About a week back the Delhi Police vide D.O. No. /PA/P/PTC, dated 28 January 2014 had come up with a circular asking the Northeast immigrants to attend self-defence training with Hindi speaking classes to be jointly organised along with some NGOs. Logically, it was

CDRO Bulletin 17 aimed an ‘enabling’ the immigrants dramatic changes in the urban social market forces that belong to other to defend themselves on the one demography. Necessarily, one needs nations. The economic disparities hand and to linguistically assimilate to explore the neo-liberal course of had social impact. It had sharpened (familiarise) with the Hindi speaking composing of India, the symmetrical social classification among nations; Indians. About two years back, in objective relation between race and a nation is now socially defined on the wake of agitation against the nation in some cases, and the the basis general perception about alleged murder of Richard Loitam by perpetuation of ‘racism’ as a form of the degree of its either economic hostel inmates in Bangalore and the social expression between growth or dependence. controversial suicide by Dana immigrants and host communities. Thirdly, the economic Sangma in the National Caputal disparity occurred alongside the Region of Delhi, the Ministry of CPDM asserts that: objective parameter of laissez faire, Home Affairs vide F. No. 15011/34/ Firstly, India is a multi- a policy that promote ‘inter-India’ 2012-Sc/St-W, dated 10th May 2012 national entity created after 1947 immigration of labour/employees, had issued a memorandum to the under bourgeois initiatives. There goods and commercial bourgeoisie, state governments regarding are nations and nationalities whose students and tourists. This policy measures to curb discrimination and predominant physical expressions or has enabled the bourgeoisie from the racial profiling faced by the appearances are considered to be metropolitan cities to become immigrants in other states. Many racially different from one another, monopolist and exploiters in the believe that all these initiatives were e.g. the entire northeast is considered subjected nations; where they cosmetic without any practical result. to be predominantly mongoloid in became suspected and targeted by Racial profiling, physical assault and racial affiliation. These nations/ desperate sections among the indifferent treatment have become a nationalities do not come together oppressed nations. On the other social practice and it has been to form a common country on the hand underdevelopment of the continued till date. principle of a voluntary union. On oppressed nations had forced many The February/ March the contrary they are being to emigrate (petty traders, students, assertion had drawn the attention of mechanically bound under a political labour / employees, job seeker); who the media in raising race/ racism system alongside the dramatic became an object of being inferior in question in India; a question that superstructural imposition of the the eyes of others. As immigrants was denied by the Prime Minister to neo-liberal system. India still lacks they had to find refuge in hotels, our delegate in May 2012 and by the common national psychological rented rooms (mostly in subaltern or media for several decades. make-up across nations/ lower middle class colonies some of Surprisingly, unlike in the past, the nationalities. which are predominantly owned by immigrants per se had also risen Secondly, the neo-liberal conservatives), private or unanimously cutting across nations system is not based on equality. The institutional hostels, official quarters / communities and regional relative absence of equality fails to and owned flats (a microscopic boundaries and had asserted for an- create the favourable conditions of section). They had to physically anti racial law. But the race question building fraternal relation among encounter with metro-Indians who has been considered a problem of nations on equal terms. With the believe in upholding Indian social assimilation/ accommodation exception of certain rentier nationhood (henceforth Indians). and accordingly the demands and bourgeois within nations who are in The latter predominantly subscribe solutions are being sought within collusion with the Indian big to the semi-feudal conservative the legal framework. It constituted bourgeoisie who constituted the outlook and blindly believes in the the predominant general perception. Indian State, the system has created bourgeois counter-revolutionary I would however like to shift away ‘international’ economic disparity propaganda about the Northeast as from this perception and argue that within India. It resulted into the inferior-mongoloids, breeder of anti- the race question needs to be growth of the GDP of some India terrorists, disloyal citizens, addressed by theorising it in the metropolitan cities that are identified traitors, atavistic and uncivilised. larger context of the neo-liberal with one or other nations. But a vast Against this backdrop, the system which had brought about chunk of nations remain dependent bulk of the immigrants are neither severe economic dislocations and on the commodity supply of the being socially absorbed as their own

18 CDRO Bulletin nationhood is nor treated on par and united vis-à-vis the Indians or from revolutionary course. Logically, with respect by the Indians. The Bangladeshi. Therefore, it will be the Indian response (of the marginal Indians objectified the immigrants as wrong to holistically perceive the sections) vis-à-vis the immigrants the inferior and immoral ‘Orient’ bulk, Northeast as a unified block having could adopt racist line in the same marked out socially and subjected a consistent common linear tenet of the 1980s anti-foreigner to various forms of social economic and political agenda. agitation and 2010s ILP demand in discrimination, harassment, insult, The concern at present is, the Northeast. On the other hand the humiliation, crime (at times rape and that the lower and middle classes assault on immigrant in the Indian murder), with-holding of promotion immigrant from the Northeast metropolitan cities could become a or rank in institutions, and lack of constitute a large bulk of the rallying point of articulating national official attention or timely population that are determined to live liberation movement in the intervention by the law enforcing in the Indian metropolitan cities for Northeast. agents. At times certain institutional either education or economic Despite government measure were taken up with racist opportunity. Every year thousands promises, policing measures and implications; such as the Security of new immigrant students are legal proceedings the target on Tips for Northeast Students/ Visitors enrolled in Delhi. Over the last immigrants has been continued. On 2007 published by the Delhi Police decade many migrants are employed 25 March 2014 a couple from in 2007 and statement by the Kirori in the private white colour jobs such Manipur was brutally beaten in Mal College asking women students as IT sector, call centres, hospitals Munirka at around 11 pm by their from the Northeast to wear Salwar and educational institutions. Many landlord and hired goons. Initially Kameez instead of trousers and skirts of them who belong to SC/ ST there was altercation as the landlord to prevent sexual attraction. The category have succeeded in refused to open the gate when the immigrants considered it integral to outplaying the counterpart Indians couple had to receive the mother who some kind of institutionalised racism. in educational institutions and had just arrived from Manipur. In It would, however, be government jobs. Whether it is a sign February there was an alleged wrong to portray the Northeast as of bourgeoisie integrity or it should decision by the Munirka residents an innocent bulk absolutely neutral be a harbinger of an expected neo- to evict all the immigrants, a charge of racist arrogance towards the liberal crisis in the years to come may which the Khap Panchyat and the Indians. Many in Northeast are be separately discussed. But, in the Residents’ Welfare Association had suspicious about the domination, if long run the continuous immigration refuted at the police station. Between not appropriation of resources and is likely to increase more pressure 5th February and 26th March there opportunities by the Indian and on the limited job opportunity were series of stray incidences of Bangladeshi immigrants (job available in the metropolitan cities. assaults. The prejudice against the seekers, employees, businessmen, The constraints of neo-liberal crisis immigrants has been quite lively. contractors, bureaucrats, labour, has been increasingly evident in the Police responded half-heartedly landlords, corporate stake holders, urban assertions and by workers for only under extreme public pressure. etc.). The ‘go back foreigners’ regularisation of job and economic Immigrant victims could not carry agitation in 1980s in Assam and incentives such as higher salary, out prolong legal fights because of Manipur, continuous facilities, insurances and vulnerability due to intimidation implementation of Inner Line Permit accommodation. The immigrants outside the court premise, and due (ILP) system in some of the ‘tribal’ may become a threat to the marginal to time consuming and high cost states, riots and assaults directed Indians whose reserved seats the nature of the court procedure. The against outsiders in Assam and former are continuously targeting continues. Will the neo- Manipur, movement for the appropriating. They co-exist and liberal system be able to solve this implementation of ILP in Manipur, compete with the Indians in a crisis? etc. embodied some forms of racism. political environment where right All these, however, have occurred wing forces are increasingly Campaign for Peace and Democracy sporadically at different point of attempting to arouse communal and (Manipur) times in different places. The entire sectarian sentiments for electoral Northeast had not been consistently gain and to divert away attention

CDRO Bulletin 19 CDRO resolution on unconditional release of political prisoners and related issues ADOPTED at the CDRO Convention on Release of Political militancy, as because it is politics Prisoners and that too are of unconventional 30th March 2013, Kolkata in nature, and which undeniably creates a social base for itself The Convention is aware of the fact that one of the most contested site from out of the citizenry of the between the State and political parties in power, on the one hand, and country. civil and human rights movements particular in India , on the other is Therefore, the the issue of political prisoners and their unconditional release [ under- Convention opposes any attempt trial and convict, both alike ]. The Convention is in the know that the by any government – be central CL/HR movements are often confronted with the politics of denial by or provincial - to criminalise the State that there are a large number of political prisoners in India. dissent of its own citizens. The Parties in power refuse to recognize this fact of incarceration of political Convention also recognizes the activists with or without radical slant and prefer to criminalize them. fact that the State uses the tool of The response of the HR movement is obviously is sharp negation of banning any organization for what the State /power wants to make us believe. suppressing its political dissent of The Convention notes with concern that during the last few unconventional kind . The decades, Naxalites (in popular parlance) such as Maoists, Muslims, Convention holds that the very struggling dalits and tribals and those who are fighting for the right to banning proves that the proscribed self-determination , like the Kashmiris , Nagas,anipuris, Assamese , the organization has had political Bodos, kamtapuris , people of Gorkhaland have become particular objectives to which one may agree targets. It is also no denying fact that the Maoists - as has been or disagree., but it is political , propagated by the present Prime Minister of India as “ the biggest nonetheless. Hence, the internal security threat “ and “virus to be crippled” – have specifically Convention demands lifting of ban been hunted , killed or imprisoned. In short, persecution of political on all political organizations activists and general struggling masses opposing various policies of The Convention also the governments “under Liberalisation /Globalization “ has become the points out to the record that the order of the day. parties in power otherwise did The convention is aware of the fact that the CL/HR movements consider Maoists or “militants” in India as a whole, barring few exceptions - does not take any of North-east [ armed opposition position or express opinion on the ideology of and path adopted by any groups in HR parlance] as political political party or organization that a political prisoners belong to. It also force to reckon with and on does not support or oppose the ideology and methods of struggle in number of occasions both the relation to violence or non-violence of any political prisoner’s political/ governments - centre and state social /communitarian organization / party. governments – be Andhra Pradesh The Convention understands that taking advantage of absence , or West Bengal , Nagaland , of definitions of political offences/ ’crimes’, the Governments of Assam, , Chattisgarh , had initiated different shades , under the pretext of general application of “Rule of to open up dialogues with these Law”, have been trying all over the globe, to reduce the political organizations . The Convention prisoners to the status of non-political under-trial , bereft of any political holds that this clearly indicates that ideology ( or criminals in popular parlance) , thereby publicly blurring the parties in power do recognize the distinction between political offences and offences committed for implicitly the political content of personal gains and motives. “anti-constitutional” organization. The Convention firmly holds that the question of political The Convention in no offences must be treated differently , not so much because it is uncertain terms opposes the

20 CDRO Bulletin counter –insurgency strategy at Ayodhya or elsewhere, or killings solidarity to these movements. adopted by the State or of Sikhs at Delhi , they however The Convention conduction of low intensity reprehensible , do not amount to recognizes that the philosophy of law operations undertaken by under terrorism.. does permit to take cognizance of the various nicknames, like Operation The Convention further political offences as a different Thunder, Operation Bluebird, or likes to recall that during British category. The Convention recalls Operation Green Hunt or creation days , all youths and Indians who that way back in 1975, the United of special killing forces like Grey were engaged in freedom struggle , Nations in a much publicized way Hound, Cobra with unlimited were stigmatized . In the process, introduced a resolution calling for power and impunity and without Bhagat Singh , Khusdhiram, Binay- world-wide amnesty for all political Badal- Dinesh and others were all prisoners. Even in India, the Supreme accountability to “tackle the so- “terrorists “ and therefore not Court has already defined the called terrorisms, left wing political activists and therefore mere political offence in Rajender Kumar extremism” by throwing the criminals – a derogatory proposition Jain case [ 1980 (3 ) SCC 435 ]. In Constitution into winds, as if they that no Indian would accept . On USA, the political offense exception exist beyond the law and therefore the contrary, the Convention is grounded in a tradition of not entitled to any kind of status observes , the history of struggle for American asylum and support for f orprivilege. political prisoners throughout the oreign revolutionaries . The Convention endorses world is replete with immense The Convention places on and reiterates what the Human sacrifices for the rights of political record that due to successful Rights movement maintain: the so – prisoners, besides many other campaign for inclusion of political called phenomenon called terrorists things. The sacrifice of lives in prisoners’ status in the categories of , terrorist organizations , left wing course of struggle for the status prisoners in jail code of West Bengal,, extremisms etc. require a deep social from Jatin Das to Bobby Sands the Left Front Government had in a analysis. Each of them has its own upheld the same spirit of the struggle new revised legislation , entitled social /economic roots. . In fact, for status – it was never for some West Bengal Correctional Services there is a complex nature of close material privileges. The Convention Act , 1992 (which came into force in affinity between injustice and terror. believes that to be considered a April 2000) legally defined the The Convention also notes political prisoner is not a matter of political prisoners (with some with concern the insensitivity of the standing higher in the “ hierarchy unacceptable exclusions , though) judiciary particularly when the of prisoners” . Where one stands is for first time in the history of Indian question of granting of consent for a matter of consciousness, not of democracy. withdrawal of cases from prosecution privilege. The Convention notes with comes up under section 321 of Cr.P.C The Convention proudly grave concern that the new state on the plea of public prosecutor holds that the movement for Government, led by Mamata ,particularly in cases related to unconditional release of political Banerjee , despite opposition from “terror suspects” or Maoists . prisoners [both under-trial and opposition parties and civil /Human The Convention further convict] and demand for grant of Rights organizations , using the acknowledges that the critical status as political prisoners , while brute majority in assembly, passed absence of defining terrorism is often in incarceration, pending release, are certain retrogressive amendments to utilized by the State to stigmatize continuation of the historic tradition section 24 of the said act and changed even any democratic movement of started off during British rule in India the definition of political prisoners dissenting voices as terrorists, and in post –colonial period during ‘s Status last year and by doing such seditious and anti –state. The Tebhaga, Telangana movements or retrogressive steps , the new Convention further points out that naxalites movements in 1970s. The government tends to delegitimize the at least the people of Indi have Convention acknowledges the fact status of political prisoners ‘s status witnessed prejudices of such that many movements launched by of Maoists and tends to criminalise opinions – killings, mayhem, arson, political prisoners themselves to them , strip off the political aspect pillage and destruction of buildings focus their demands and many mass of unconventional kind of violent by Hindutva terror be at Gujarat , or organizations had shown their politics and clears the ground for

CDRO Bulletin 21 ruthless repression. The Convention This Convention reminds states and Union-Territories are in unequivocal terms condemns the the W.B. state government that immediately released government and demands to rescind under “Mission Undertrial” the unconditionally; 2) Scrap Section the amendment immediately. worst performing state in terms of 124A IPC, and AFSPA, NSA, UAPA, The Convention also notes releasing prisoners in general was and other security laws as totally with concern that the new West Bengal. unjust laws; 3) Stop corporate and government has promised to release The Convention also state aggression on land, resources all political prisoners in West Bengal demand that all these prisoners who and livelihoods which has given rise on the basis of the recommendations are more than 1 year in jail without to the struggles; and 4) No impunity of Review Committee, that was set bail should be released. to offending police and security up in June.2011.But the New This convention expresses forces in human rights violations. Govt.(Mamta Banerjee Led)bother to its deep solidarity with the current keep the word not only that another world-wide movement for thousands dissent voice booked unconditional release of all political Tapas Chakroborty, behind the bar. demands, demand 1) all political Convener CDRO. The Convention is acutely prisoners in West Bengal and in other aware of the fact that there are hundreds of thousands under-trial Press release on the occasion of the CDRO prisoners( ordinary or non-political prisoners ) are languishing in jails Convention on Release of Political without trial for years together – Prisoners some even for 10 years , 9 years and so on. The conditions of prisons are In view of the 16th Lok Sabha elections and in expecting aspiring MPs to just like a hell .The Convention give voice to the concerns and aspirations of the people in the new parliament unequivocally is demanding for and noting the fact that major political parties are oblivious of raising the improvements of prison conditions issue of the unconditional release of political prisoners, we from this as well as extension of all kinds of Convention assembly call upon all parties, organizations and individuals privileges , as approved by the apex involved in this electoral exercise to come out openly to stand for the Court of India in a number of unconditional release of all political prisoners who’re charged under sedition decisions and recommendations of (124A of IPC), UAPA, NSA. AFSPA, and under various IPC ‘crimes’. A large various jail Review Committees , majority of these prisoners are from the most marginalized sections of our constituted , either by Government society, adivasis and dalits, and in most cases they do not have the economic of India or by different state wherewithal to ensure proper legal representation and fight the legal battles governments . The Convention also for their release. Therefore, the onus for their unconditional release lies demand that all these prisoners who even more heavily on the government; upholding the fundamental right to are more than 1 year in jail without justice of all citizens shall pave the way for the unconditional release of bail should be released forthwith. them all. Therefore, we request them to publicly state their views on the The Convention resolves matter of the release of political prisoners and what steps they would take to to express and extend support and ensure the same if elected to government. Also, we would like to express our stand in solidarity with political grave concern about the impunity of the police and security forces which is prisoners who are fighting for their very detrimental to the democratic fabric of our country. rights in their respective countries . This Convention, declaring itself an integral part of the worldwide The Convention further resolves to campaign for unconditional release of all political prisoners (11 million), become a part of worldwide today demands unconditional release [undertrial and convict, both alike] of campaign for unconditional release all political prisoners immediately here in West Bengal and in every state of all political prisoners in West and Union Territories within this country. Bengal , in other states within the There are a large number of political prisoners in India as a result of territorially defined India and over large-scale incarceration under framed and false criminal charges against the globe. political and social activists and general masses struggling against various policies of the governments “under Liberalisation /Globalization with or

22 CDRO Bulletin without radical slants. The Convention expresses prison conditions. The Convention its deep concern over the stark fact The Convention resolves understands the pretext of ‘Rule of that the Muslim Community to express and extend support and Law’ to blur distinction between the including Kashmiris has been stand in solidarity with political political prisoners and non-political particularly persecuted, haunted prisoners who are fighting for their under-trial/convicts bereft of any down, imprisoned and booked under rights in prisons. political ideology and holds that the various ‘anti-terror laws’ or Today’s Convention also question of political offences must physically eliminated or made calls upon all political parties and be treated differently in keeping with involuntary disappearances. forces to come out against murders, our tradition developed by Bhagat The Convention points to arrests and other kinds intimidation Singh , Khusdhiram, Binay-Badal- the prevalent wide-spread socio- of the grassroots activists fighting Dinesh, Jotin Das and others who economic injustice and perverted for implementation of laws such as were treated as ‘terrorists’ in their state-policies supported by state- RTI, FRA, PESA, environmental struggles for independence and for terror as root-cause of growing laws, labor-related laws like minimum rights to be recognized as political internal unrest and political protests. wage act, trade union act etc and to prisoners and in struggles in post- The Convention recalls oppose the growing trend of colonial period during Tebhaga, that way back in 1975 the United violation of constitutional and legal Telangana or naxalbari movements. Nations introduced a resolution rights of freedom of speech and right The Convention calling for world-wide amnesty for to peaceful assembly etc by the denounces the State policy of all ‘political prisoners’. Even in India, governments everywhere. clamping ‘ban’ along with ‘vaguely the Supreme Court defined the This Convention declares defined crimes’ (terrorism etc) in ‘political offence’ in Rajender its resolve and faith in ultimate trying to suppress political dissent Kumar Jain case [1980 (3) SCC victory of democracy and justice in of both conventional and 435]. this country and in release of all unconventional kinds. The Convention in political prisoners unconditionally. The Convention also unequivocal terms condemns the records the fact that various new West Bengal government for its Sd/- governments (of Andhra Pradesh, act of amending Section 24 of the Association for Protection of West Bengal, Nagaland, Assam, West Bengal Correctional Services Democratic Rights (WB) Chhattisgarh) initiated steps for Act, 1992 to change the definition of People’s Union for Democratic political dialogues on a number of political prisoners. The intention is Rights (Delhi) occasions with ‘militants’ or to exclude Maoists from being Bandi Mukti Morcha (WB) ‘terrorists’ organizations thereby treated as political prisoners and set Organisation for Protection of recognizing the political content of the ground for ruthless repression Democratic Rights (AP) their activities which often of socio-political protests. The Asansol Civil Liberties Association government dubbed as ‘anti- Convention demands that the (WB) constitutional’. government rescind the amendment Committee on Human Rights The Convention opposes immediately. (Manipur) the counter-insurgency strategy Campaign for Peace & Democracy adopted by the State with various The Convention feels for (Manipur) nicknames, such as ‘ Operation those thousands of under-trial Manab Adhikar Sangram Samiti Thunder’, ‘Operation Bluebird’, or prisoners (ordinary non-political (Assam) ‘Operation Green Hunt’ and creation prisoners) languishing in jails of special killing forces, Grey Hound, without trial for years together – Kolkata Cobra, etc, with unlimited powers some even for 10 years, 9 years and Sunday, 30 March, 2014 and impunity and without so on. The conditions of prisons are accountability to “tackle the so- just like a hell. The Convention called terrorisms, left wing unequivocally demands immediate extremism” by throwing the grant of bail and speedy fair trial for Constitution into winds. them all along with improvements of

CDRO Bulletin 23 Inquiry into the casteist killing of a 17 year old Dalit boy on 28th April 2014 at Kharda, Ahmednagar

Caste atrocities on Dalits have always been a feature of our country. video-recording of the assault marks However the number of such incidents has been growing in recent times. on the corpse that they got done and This growing incidence, combined with the attempts by the dominant castes their efforts in breaking the news out and the police and other state agencies to cover up the casteist nature of to the media that ultimately forced these atrocities, has made it all the more important for civil liberty and the administration to take democratic rights organizations to rigorously inquire into the facts of such cognizance of this offence as a incidents and bring out their true caste nature. It is only by thus bringing murder and caste atrocity. Soon it out the facts that any attempts at suppression and cover-up can be exposed became apparent that Nitin Aage was and that democratic consciousness among the broad masses against caste a victim of an honour killing. His can be raised, thus making a contribution to the long-term goal of annihilation alleged ‘crime’ was that he spoke to of caste. a girl of the dominant Maratha As part of such an effort, a fact finding team was formed by the community. Dalit Atyachar Virodhi Kruti Samiti (Mumbai) on 4th May 2013 to inquire into the honour killing of one such Dalit boy on 28th April in Kharda, Jamkhed The Incident: tehsil, Ahmednagar district. The members of this team were: Subodh More Raju Aage, Nitin’s father, (Vidrohi Sanskrutik Chalwal), Jatin Desai (Journalist), Pratima Joshi alongwith his wife- Rekha, two (Journalist, Maharashtra Times), Shyam Ranjankar (Independent Filmmaker), daughters and other members of the Shabana Khan (Civil liberties Advocate), Aritra Bhattacharya (Journalist community, was sitting outside his and Ph. D Scholar), Arun Ferreira (Committee for the Protection of Democratic tin hut when we met him. He spoke Rights, CPDR) and Shyam Sonar1 (Republican Panthers Jati Antaachi of how he was not an original Chalwal). resident of Kharda, but had settled The following terms of reference for inquiry were decided upon: here from Geetewadi, the adjoining 1. To understand the chain of events that led to the atrocity and village, almost 10 years ago. Having the culpability of the people involved. no land, he had to earn a living by 2. To expose any lapse on the part of the police machinery in crushing stones in a small electricity investigating, arresting and properly charging the perpetrators of the atrocity. driven mill. Due to frequent load- 3. To conduct a preliminary social inquiry into the cause of such an shedding and electricity cuts he had atrocity. to sometimes work till almost 2 a.m. to earn a decent wage. He and his On the evening of 28th April when the body of a 17 year old boy wife nevertheless managed to get all was brought in at the Government Hospital of Jamkhed for post mortem, a their children into school. Nitin was few Dalit activists happened to be present. The body was of Nitin Aage and the eldest and he had just passed it was immediately understood from his surname that he belonged to the his 11 standard and was attending Dalit community. On noticing burn marks on his body that had been found the extra classes held in the school hanging from a tree, the Dalit activists present immediately realized that this and junior college run by the Rayat was another incident of caste atrocity. “We immediately demanded that the Shikshak Sansthan. Police Officer register a case of murder” said Arun Jadhav, Advocate and The Aage’s tin dwelling president of the Lok Adhikar Andolan while speaking to the fact finding was the only one situated almost team. As the Police Inspector of Jamkhed was on leave, Dheeraj Patil, the one and a half kilometre from the Dy. SP of Karjat- Jamkedh was the officer responsible. He initially intended main settlement in Kharda. It was to register it as a case of accidental death, awaiting the post mortem report. secluded, with not a single family in But the blatant burn marks on the body and pressure from the Dalit the vicinity. This made them community, who had, by then, gathered in numbers, forced the Dy. SP to extremely vulnerable. The register a murder case. Arun Jadhav and Bapu Oval, another activist of Lok Maharashtra State Highway No. 157, Adhikar Andolan while speaking at length with the members of the fact was in fact the approach road for the finding team explained of how it was the pressure from the community, the Aage’s to the village and the Rayat

24 CDRO Bulletin Shikshan Mandal school lay about Prevention of Atrocities Act and Tribes in this district is numerous: a 500 meters to the right while on the Section 7(1) (d) of the Protection of In village Limpangaon way to the village. Civil Rights Act. In the FIR, the (Dhangarwadi), taluka Srigonda 16 On 28th April, Nitin had left complainant, Raju Aage mentions houses and 20-25 shanties of for school for his extra classes. At how Nitin had told him two days Schedule Castes, Schedule tribes, around 11.45 am while Raju was earlier that a Golekar girl had nomadic tribes and members of crushing stones a villager informed expressed her intentions to marry religious minorities were burnt. In the him that his son was beaten up at him. Raju had then warned his son same taluka, village Dhawalgaon, the school. Raju arrived home by 12 that he should not fall in these Janabai Borge, a woman belonging noon and began inquires about problems as they were poor. On the to Matang community was burnt Nitin’s whereabouts. A few villagers 28th, Rekha had from inquires come alive. In April 2014, the upper castes informed Raju and also his wife, who to know that the three Maratha boys, of Chibhalegaon, taluka Srigonda by then too was searching for Nitin, whose names are mentioned in the banned and refused to cremate a that their son was earlier beaten up FIR, had mercilessly thrashed Nitin Dalit woman. Srigonda happens to by Sachin Golekar and saying that he should not fall in love be a hometown of an earlier state SheshraoYevle. Raju along with his with a Hindu girl. After beating Nitin tribal minister, Babanrao Pachapute. brother searched in the shrubby area they had sent him in the direction of In the same district a Dalit youth on the other side of the road opposite the Kanohba Mandir. There after called Dipak Kamble from the school, assuming that Nitin killing him they partly hung him from Bhabhulgao, taluka Karjat was would have wandered off in shame the branch of a lime tree, so as to severely beaten. Suman Kale a due to the beating and hence would hide the fact that he was murdered woman belonging to the nomadic need some persuasion to come back and make it out to be a suicide. tribe too was brutally raped and home. However it was only by 3.30- Immediately after the killed. Walekar, a Dalit youth of 4 p.m. did Raju see the dead body of lodging of the complaint, the brother Paithan, Shegaon taluka was killed his son in the area of the Brick kiln of the girl who Nitin is said to have by cutting him into pieces. In 2008, owned by the Golekars. Nitin’s body spoken to, namely Sachin Golekar (21) Baban Misal, a matang youth of lay hung from a tree, with its torso and his friend and relative Sheshrao Jamkhed taluka was similarly killed. and legs lying slanting on their left Yeole (42), both the Marathas were A year back, on 1st January sides along the ground. The noose arrested and another minor Maratha 2013 three young men of Sonai by which he was strangulated was boy had been detained. village, taluka Nevasa, Ahmednagar, put together from rope and rags. The Till the writing of this Sandip Raju Dhanwar, Sachin corpse was swollen from waist report, the police state that they have SomlalaDharu and Tilakaliase Rahul below, spine broken and at many arrested a total of 13 youth, all Raju Kandare, from the Mehtar places showed burn marks by embers relatives of the Golekar extended community were drowned to death from the kiln. Raju immediately got family. When the fact finding team in a septic tank, by a mob of upper in touch with Sunil Salve, a local members spoke to the local Dalit caste men. It too was an ‘honour’ activist of the Republican Party of activists, they said that many of the killing. One of those killed was in India who phoned the local police accused persons have close love with the daughter of an upper API by 4.45- 5 p.m. associations with Rashtrawadi caste farmer, who was among those By 1 a.m., on the 29thApril, Congress Party (NCP). accused. This matter was after the body was examined in the suppressed by the authorities for Jamkedh Government Hospital, the Previous atrocities in Ahmednagar almost a month. Sonai Village is the Dy. SP had registered the complaint District hometown of Ex-M.P. and senior as FIR no. I-71/2014 dated 29.04.2014 Ahmednagar district is on leader Yashawantrao Gadakh Patil. under sections 302 (murder), 201 the border of Marathwada and much A leading Marathi daily, (causing disappearance of of Marathwada’s socio-political Sakal, in its Pune edition dated 12th evidence), 143,147, 148, 149 (charges situation. Severe caste oppression December had reported 73 cases of relating to unlawful assembly and has its influence over this region. atrocities having been registered in rioting) of the Indian Penal Code and The list of atrocities against Ahmednagar District. The report held under the Section 3(2) (5) of the Schedule Castes and Schedule that this district stood 3rd in the state

CDRO Bulletin 25 in terms of atrocities against SC/STs. socio-political clout the Golekar the Dy. SP declined to reply. After family holds. The extended Golekar stressing that the security of the girl Context of Kharda incident family of Kharda owns more than 500 should be safeguarded as she could Kharda lies in Ahmednagar acres of land, 7-8 grain shops, cloth be pressurized and threatened by the District, near the district’s south- shops, a few brick kilns employing family, the Dy. SP assured her safety, eastern border, neighbouring about 20-30 labourers each; Vijay but declined to disclose details. All Osmanabad and Beed. Due to Singh Golekar was the president of this was being said by Dy. SP Patil, scanty rainfall and poor irrigation the Panchayat Samiti; another even while he very well knew that this entire region faces severe Golekaris part of the administration the girl had attempted to commit drought conditions almost every of the Rayat Shikshan Sansthan suicide and was taken by her year. Kharda is also the location of School and Junior college. On the Golekars to the rural hospital at the historical fort where the other hand, the Dalits of Kharda are Barshi in the Solapur district, where Marathas under the Peshwa of Pune mostly landless. Out of their total of she is battling for her life4. fought the Nizam of Hyderabad in around 80 to 100 households, only The political patronage 1795. The Marathas won this final 10 such households own land, that extends way up. The Chairperson of battle against the Nizam, chiefly due too not more than 1½ acres each. the Rayat Shikshan Sanstha, to the assistance of the Rajput Most men of these Dalit households happens to be the Union Minister (Khada rajputs) community. The fort are engaged in manual labour like for Agriculture, Maratha strongman lies on the opposite side of the Raju Aage or perform in Band Parties and NCP chief, Sharad Pawar. His village as viewed from Nitin’s hut. i.e. mobile orchestra groups. relatives and also high functionaries But what made the youth Nevertheless, education among of NCP, both deputy Chief Minister, of the extended Golekar family of Dalits was rising, surpassing many Ajit Pawar and Rajya Sabha MP, Khardaso confident that they could other communities and thus posing Supriya Sule, are the committee beat up a Dalit boy behind the Rayat a real challenge to this socio- members of the institute. Due to Shikshan Sansthan School, keep economic power structure. these high profile political forces thrashing him in the school involved with the school, police premises, keep thrashing him while Police Investigations authorities are under pressure to crossing the village approach road The biggest problem in resist from recording the school i.e. the Maharashtra State Highway most cases of caste atrocities is the administration’s involvement and No. 157 (all done in broad daylight), administration’s refusal to recognize responsibility in the offence. take him to a brick kiln owned by the them as such. This outlook inevitably Shamefully all of these high profile family, put embers in his lap and leads to a shoddy investigation into ministers have deliberately chosen pants, kill him and then strangulate proving charges under the to stay silent on this issue. Neither him so as to appear to be a case of Prevention of Atrocities Act. Though have they even mentioned it suicide? In fact, from investigations the inclusion of a charge in the FIR anywhere, nor have they expressed and comments so far, it is not or charge sheet can be ensured by their regret of the same. Even though disputed by the Golekar family and pressure from the Dalit community, it is well known that Nitin Aage was many in the village that Nitin was the task of proving it before the court being beaten on the school premises beaten by them for talking with a depends heavily on the still there has been no action against Golekar daughter. The sister-in-law investigation authorities. Here, the the school principal and teachers of the girl who Nitin spoke with and Investigation Officer, Dy. SP Dheeraj from the school institution wife of Sachin Golekar, the first Patil, himself disbelieves that the authorities. arrested accused, had in an interview murder was a case of honour killing.3 In the above context, when with a news-daily blatantly stated, While speaking to the fact a fact finding team member asked the that her husband was only finding team, Dy. SP Dheeraj Patil DySP why the statement of the protecting his sister and questioned evaded giving information claiming school principal not been recorded whether there was anything wrong that it will harm the investigations. considering his responsibility, he in that?2The answer to this When asked whether the police have spoke of the principal’s due seemingly indestructible confidence recorded the statement of the retirement and inability to take the probably lies in the economic and Golekar girl who spoke to Nitin Aage, pressure. Apparently the principal

26 CDRO Bulletin had fainted when questioned by Another NCP leader and State Home victim of the same ‘honour’ that was local Dalit activists about why he Minister RR Patil has also promised responsible for Nitin’s murder and gave a false interview to a TV channel to try the case in a fast track court. hence it is the state’s responsibility claiming that Nitin Aage was not to ensure her safety. attending classes. Demands: 6. On moral grounds, Nagar After our considered district’s SP should be immediately Conclusion: investigation, we as members of the suspended for the increasing Raju Aage’s narration fact finding team demand the instances of atrocities during his summarizes the latent caste divide following: tenure. in the village well: “Although people 1. Judging from all available 7. Special fast track court from other communities have come accounts and the chain of events, should be constituted to try this case to condole with me, none have come there seems to be no doubt that it outside the district. forward to give witness. There seems was a caste atrocity and hence a 8. Nagar district should be to be calm right now, but I fear I will proper investigation should be done declared as the atrocity affected be bumped off from behind and it to bring out this fact so as to ensure district. will be made to look as an accident. I proper applicability of the charged 9. The nodal officer fear for myself and my two provisions of the Prevention of appointed under atrocity act has daughters.” Atrocities Act. failed to perform his duties; hence Three cabinet ministers of 2. The culpability of the he should be immediately suspended Ahmednagar district, Balasaheb school administration, principal and from his post. Thorat, Radhakrisna Vikhe Patil and teachers should be recognised in 10. On moral grounds, Madhukar Rao Pichad did not give their negligence, responsibility and Home Minster R. R. Patil should any immediate attention to the attempt to suppress the matter. immediately resign for the increasing issues. Apart from them, state leaders 3. If there are manipulations instances of atrocities during his of Maharashtra Navnirman Sena with post mortem report, then the tenure. (MNS), Shiv Sena, BJP, none of the concerned medical officers should leaders of opposition parties have be made co-accused under atrocity Dalit Atyachar Virodhi Kruti Samiti not even visited immediately, nor did act. May 10, 2014 they protest such atrocity. Anna 4. The state should ensure Hazare, the well-known social the safety and security of the Aage activist, who himself belongs to household given their social, Endnnotes: Ahmednagar district also did not economic and geographical 1Shyam Sonar was one of the organizers express his dissent or utter a single vulnerability. Mere cosmetic of the fact finding, however could word about these atrocities. Only measures such as the posting of not participate in the team due to after some media pressure a few of police personnel outside their house sudden ill health. 2 http://www.thehindu.com/news/ them have started visiting the Aage will not suffice. The government national/other-states/i-had-told- family. should ensure that the Aage family my-son-to-stay-away-from- In view of the approaching is rehabilitated in the main village maratha-girl-says-slain-dalits- state assembly elections in October with full honour and employment. mother/ar this year, leaders from the Nationalist For this purpose, a special Gram ticle5963722.ece Congress Party (NCP), that already Sabha under the chairmanship of 3 http://timesofindia.indiatimes.com/ have a significant base among the district’s guardian minister should be city/pune/Dalit-boy-killed-then- Marathas are now trying to mollify called in the village to ensure the hanged-from-tree-over-affair-with- the Dalit vote bank. State Tribal security of the Aage family and upper-caste-girl-in-Maharashtra/ articleshow/34396394.cms Affairs Minister Madhukar Pichad of resolutions should be passed for 4http://www.asianage.com/mumbai/ the NCP has even declared a future. If any harm is caused to the kharda-girl-attempts-suicide-217 compensation of Rs. 10 lakh, Rs. 5 Aage family, persons associated to lakh from the State government and the accused should be held Rs. 5 lakh from the party, as responsible. assistance for the Aage family. 5. The Golekar girl too is a

CDRO Bulletin 27 Condemn arrest of Dr. G.N. Saibaba

PUDR condemns the abduction and arrest of G.N. Saibaba by men in to large sections in exchange for mufti in broad daylight, on 9th afternoon. Dr. Saibaba, an Assistant imagined safety and security. Professor of English in Ram Lal Anand College was returning home The shocking reality of around 1 p.m. after participating in the University’s examination evaluation the world of UAPA yet continues work in North Campus when his car was stopped and he was blindfolded to haunt us. It appears again and and whisked away by plain clothed personnel of the Maharashtra Police. again as a misuse here, an injustice According to latest reports, he has been taken to Nagpur already. there and yet another... The way In a blatant lie, DIG (Gadchiroli), Ravindra Kadam, said to the out of this labyrinth is to reject this media that Dr. Saibaba was arrested in the morning. In total violation of law that attempts to redesign our procedures, the plain clothed men who abducted Dr. Saibaba gave no democracy in its own authoritarian copy of the arrest warrant to his wife and instead informed her shape. anonymously over phone. It must be remembered that Dr. Saibaba’s We therefore demand that residence has already been raided and he was questioned four times in the UAPA provisions being used to the past six months in connection with his alleged links with Maoists. incarcerate Dr. G.N. Saibaba be It must also be remembered that Dr. Saibaba suffers from 90% disability removed forthwith. There is no and is confined to the use of a wheelchair. reasonable defence available with Dr. Saibaba is presently arrested in the case in which Prashant the police to keep Dr. Saibaba in Rahi and Hemant Mishra have earlier been arrested. This case is custody: he has been available for registered at the Aheri police station in Gadchiroli district (FIR No. and has cooperated with police 3017/2013) under sections of the Unlawful Activities Prevention Act investigation whenever such need (UAPA). PUDR has documented and highlighted numerous instances has arisen in the past, he is of gross violations of individual rights that are endemic to the operation confined to a wheelchair with very of laws such as the UAPA. At the societal level, the UAPA permits limited mobility. These are banning of political opinion as per the whims of the governments in pressing reasons that he be power. This in turn becomes the basis to target the individual or the released from custody. group that the governments perceive as undesirable and to hit them PUDR appeals once again with legislated violence. The doors to justice and judicial remedy become to all citizens to grasp the rapid so highly restricted that those targeted languish in jails for years on corrosion to democratic norms end. and institutions being caused by In the present case too, the entire charge against those accused the continued use of UAPA, to rests on the vagueness of the UAPA provisions and the arbitrary power oppose every application of UAPA to impose ban on political organisations. Prashant Rahi and Hemant and to demand is total repeal. Mishra already arrested in this case have been charged under UAPA sections 13 (unlawful activity), 18 (conspiracy in terrorist acts), 20 (member of terrorist gang), 38 (membership of terrorist organization) Sd/- and 39 (support given to terrorist organization). The reason why the D. Manjit UAPA is deployed is that the accusations brought forth would not stand Asish Gupta ground if the same were made under the normal laws of the land with (Secretaries) normal procedures and normal rules of evidence. People’s Union for Democratic The enhanced punishments under the UAPA and the carefully Rights crafted jingoism of terrorism on the one hand conceals the socio- economic and political reality faced by those whose live on the margins 10 May 2014 of prosperous India. On the other hand, it helps to perpetuate a helpless sense of fear in people at large from an imagined ruthless and inhuman enemy. This then permits a willing public ready to deny the basic rights

28 CDRO Bulletin Abolish Petro Corridor – Establish Food Corridor

The representatives of various organizations alleged that the government care of all these aspects. in plan to let out the heavy metals and hazardous chemicals waste directly OPDR Secretary alleged into the sea, it has been planning to set up various hazardous chemical that there are no names of many industries along the coast under Petroleum, Chemicals and Petrochemicals villages in the PCPIR draft plan. He lnvestment Region (PCPIR). This would be proved costly for the people in showed the example of PittanipaIem, the future as it indicates food scarcity due to enormous pollution in the sea. Mula Swayambhuvaram, Because of chemical pollution, around 400 places in the seas have become Sominayudupalem and Tanam abandoned due to improper living conditions of species in the seas across villages of Parawada mandal were the world. not listed in the draft plan. This is A study of possible threat of PCPIR carried out by 8-member nothing but a conspiracy, he alleged. committee comprises of the OPDR state secretary C Bhaskara Rao, The Tahesildars of the concerned Srinivasulu, Ram Kumar and Eeswar, Srirama Murthy of APCLC, areas also do not have any idea about Vishakhapatnam, J Venkata Ratnam from NAPM, SV Ramana of Dalita survey numbers, in which the land Vimukthi and K Mallanna of Indian Federation Trade Unions. The committee acquisition would take place, OPDR has visited Pedagantyada, Parawada, Atchyutapuram, Rambilli and S secretary said. Dalits and other poor Rayavaram mandals in the Visakha district in the proposed PCP1IR area and people are farming in the D-patta and interacted with the villagers on 14th and 15th December. government banjar lands in the The OPDR Secretary Bhaskara Rao said in a media conference on PCPIR region. The lands will be taken 16th, that people have expressed their fears about various aspects. Public away by the authorities as there were in the PCPIR area have not given any information about the proposed many instances. The affected people industries or the set up PCPIR. Neither the announcement in villages nor shall be high and dry. The people of the Gràma Sabhas conducted. The government has only pasted insufficient all the villages are opposing the information at Panchayat offices, he alleged. establishment of PCPIR and declared As per the PCPIR document, the project would come in an extent they fight it out. They refused to part of 137 km (640 sq. Km means 1.50 lakh acres) along the Kakinada - a way with their land. Even if the Visakhapatnam coast. According to various International reports, the government pays Rs.20 lakh per acre. petroleum, chemical and petro chemical industries, which would set up in The fact finding team has the area, would pollute the air, water, earth and every evidence that the government Sea waters. Miscarriages in women and ill health of people of Tadi of India and government of Andhra and Tanam villages due to pollution of Pharma City in Parawada, Kidney Pradesh are vehement to establish ailments, and blockages in pennies, skin disease and other health ailments PCPIR to serve the Indian Corporate of Mula Swayambhuvaram, PittanipaIem villagers due to NTPC pollution Houses and foreign multinationals are live examples. People had expressed all these issues to study committee, as part of their Neo Liberal Bhaskara Rao said. development paradigm. The team The government has been announcing that it would not vacate declares this development model is any village in the PCPIR jurisdiction. But, the people of Appikonda, Murubai already proved anti human rights in Pedagantyada mandal, PittanipaIem, Mula Swayambhuvaram, Tadi and and undemocratic. And hence the Tanam of Parawada mandal have been requesting the authorities to shift team appeals to all democratic their villages because horrible living conditions in the area due to pollution. sections of the society to oppose it. The people of PCPIR region also expressing the same that they would not The team declared solidarity to the get catch in the sea, ground water would be polluted and there would not people struggling against the be any farming. proposed PCPIR which is under The study team said that the stretch between Visakhapatnam to covert implementation. Kakinada is a fertile one with paddy, vegetables, coconut, banana, cashew, and mango plantations. Various communities are depending on the live- Note: In presence of the members of stocks and thousands of fishermen are eking out life by fishing. They are the team C Bhaskara Rao demanding the government for development of farming, construction of released the report in the media cold storages and fishing jetties. But no government authority has taken meet. CDRO Bulletin 29 Killing of Mohsin Sheikh, deliberate targeting of Muslims by HRS and constant attack on freedom of expression

PUDR mourns the killing of twenty eight year old Mohsin Sadiq Shaikh however, the suppression of the who was beaten to death by 30-40 members of Hindu Rashtra Sena on same by law is hardly the answer June 2nd in Hadaspar, Pune. Mohsin’s ‘fault’ was that he stood out as a as it does not address the problem Muslim with his skull cap and beard, which sufficed the wrath of the but compels it to proliferate in HRS men to assault him. Media reports suggest that this was not a concealed and covert manner. At senseless crime, of a mob gone berserk at the spur of the moment, but the same time, the state patronage an act of a deliberate targeting of Muslims by members of HRS. Because extended towards the Hindu right the very same men moved around on motorcycles and after killing organizations has emboldened the Mohsin went on to set fire to Muslim properties in nearby Kalepadal latter to freely commit acts of area. Shops owned by Muslims were targeted including bakeries, hair communal hatred within the public cutting saloons and meat shops. All this happened while the Pune police, domain. barely fifteen minutes from the area, kept away! We therefore, demand According to local shopkeepers [TOI, June 9] HRS members that there be a common criminal entered Kalepadal around 10.15 pm and remained there until midnight. law, applied without favour or Clearly, following the killing of Mohsin, the police either failed to take discrimination. In this context it is seriously the likelihood of mob violence spreading to other areas, or important to demand the lifting of chose to remain supremely oblivious about what HRS men were doing. bans on organizations and groups In another remarkable feat, the Pune police, which comes under the which the state has conveniently state government, was quick to declare the crime as a mere “law and outlawed under draconian order” problem. Therefore, six FIRs have been registered pertaining to legislations. Because, as the Pune criminal trespass, rioting and causing damage to property. And, while police, has so helpfully pointed the police have arrested Dhananjay Desai, the leader of HRS, it remains out, draconian laws such as UAPA to be seen whether the police will deal with the killing of Sheikh, attacks and MCOCA etc are not needed to on Muslims and looting and destruction of Muslim owned properties as prosecute those who are accused acts of communal violence or not. As of now Desai has been accused of heinous crimes. It is when of criminal conspiracy and murder. police cracks down on all those PUDR would like to draw attention to the modus operandi of who prevent us from exercising the HRS and other communal organizations which have been increasingly our freedom, it will help end the attacking books, music, films and social media postings. The HRS killing of ‘Mohsins’ at the hands members, it is said, were exercised over a morphed Facebook posting of ‘majoritarian’ bigots. of Shivaji, Bal Thackeray, Baba Saheb Ambedkar which they considered “objectionable” and subsequently led the rampage. In other parts of D. Manjeet and Asish Gupta Pune, Nasik and Kolhapur it was Vishwa Hindu Parishad members who (Secretaries) attacked passengers, burnt buses and other property and also caused People’s Union for Democratic the death of a bus driver who was fatally hit by rocks thrown by a Rights stone pelting mob. This is a grim reminder of how the Indian public is 11 June 2014 being subjected to the muscular diktat of the parochially minded ideology of Hindu communal organizations. It is even more alarming to note how discourse, discussion or debates, in short freedom of expression, is threatened by S 66 of the IT Act and S 295 of the IPC which allows for squelching of freedom of expression, on mere subjective sense of “hurt”. In short, the muscle power of the street functions as a force multiplier against our freedom of expression. Undoubtedly, all forms of hate speech, abhorrent images or intolerant discourses are condemnable;

30 CDRO Bulletin Manipur memorandum on rights vis-à-vis land acquisition

Regarding the notified Draft Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) (Manipur) Rules, 2014 The undersigned most respectfully and humbly wish to bring to your Fair Compensation and attention for necessary action the following matters: Transparency in Land Acquisition, 1. That, we had learnt through a press report in the Sangai Rehabilitation and Resettlement Express (Manipuri) daily newspaper of June 19, 2014 that the Act, 2013 (No. 30 of 2013) in its Government of Manipur had issued a Gazette Notification by the preamebular statement of objects Secretary (Revenue) inviting objections and suggestions to a Draft states that it is an Right to Fair Compensation and Transparency in Land Acquisition, “Act to ensure, in Rehabilitation and Resettlement (Social Impact Assessment and consultation with institutions of Consent) (Manipur) Rules 2014; (Copy of press report attached) local self-government and Gram 2. That, the said press report mentioned that copies of this Sabhas established under the draft was available only at the office of the Under-Secretary (Revenue), Constitution, a humane, Secretariat South Block, Government of Manipur in Imphal for participative, informed and interested persons and that the objections and/or suggestion should be transparent process for land submitted within one month of the issue of the Gazette Notification; acquisition for industrialisation, 3. That, no official information notifying this Gazette development of essential Notification was issued by the Government of Manipur in any other infrastructural facilities and daily newspaper of Manipur, nor was an official announcement made urbanisation with the least in the AIR (Akashvani Imphal) or Doordarshan (DDK Imphal) for the disturbance to the owners of the attention of all the public of Manipur in this very critically important land and other affected families matter of compulsory land acquisition and public views thereof; and provide just and fair 4. That, after our efforts, we managed to get a copy of the compensation to the affected Gazette Notification on the draft rules from the State Government Press, families whose land has been which demonstrates how ordinary citizens and interested public are acquired or proposed to be denied fair and easy access to this process of consultation as stipulated acquired or are affected by such in Sections 109 and 112 of the relevant Right to Fair Compensation acquisition and make adequate and Transparency in Land Acquisition, Rehabilitation and Resettlement provisions for such affected Act, 2013 (No. 30 of 2013); persons for their rehabilitation 5. That, in the current national and global policy making and resettlement and for ensuring exercise, it is a recognized practice by institutions and governments that the cumulative outcome of that all stakeholders are consulted and their views taken when compulsory acquisition should be legislations, policies and rules or regulations of great importance for that affected persons become the public or stakeholders are framed. The idea of framing Legislation, partners in development leading Policies and Rules through public consultations stems from the to an improvement in their post realization that these instruments work best when different views that acquisition social and economic inform them are incorporated and balanced. A bad instrument results status and for matters connected in bad outcome. Meaning that if those who do not agree with a bad therewith or incidental thereto.” resettlement policy (and hence a resettlement plan) might obstruct the project which can delay a project for prolonged period thus causing 7. That, with multiple losses. projects planned in the state of 6. That, for project affected communities the only support to Manipur as India Looks East, we lean on is a good Rehabilitation and Resettlement programme, even if must not end up with affected they do not like the project. When forceful or compulsory evictions people by highways, railways, takes place for development activities with a public purpose, those dams, etc., lining up as beggars affected must be better off then what they were before. The Right to on our streets. Affected people

CDRO Bulletin 31 must be active parties to the example, in both the hills and the 13. That, for the purpose development activities that are valley, the draft rules clearly lack of an inclusive reading of the draft designed to benefit everyone. understanding of existing land rules or its final notified version, 8. That, the question of ownership rights and how it is paramount to ensure that, as Accessibility of the Draft is left decisions are made and this can the Act itself is not always read unanswered in the Gazette have project level complications. together with the Rules, these notification. Making it only Concepts and entities (including executive and administrative available at the Secretariat or on a authorities) are named without provisions of the legislation website is surely not the best way defining them, and this will result inclusively reflect what the Act for people to get this read. If the in multiple interpretations. stipulates; government is serious of reaching 12. That, it is of great 14. That, in the drafting out to people of the state then at concern that the draft The Right of these rules for Manipur, the least what is expected is that it is to Fair Compensation and drafters have deliberately employed available in a manner and form Transparency in Land Acquisition, a method of concealing crucial accessible at the district and sub- Rehabilitation and Resettlement elements of the central Act that are divisional levels. (Social Impact Assessment and required to be placed explicitly 9. That, like in most Consent) (Manipur) Rules, 2014 within the framework of the rules. policy making exercise, it is ex- has been produced only in English The trick employed is to just state pected that, there is proper public language, which the vast majority that “as under section xxx(x) of the consultations held so that views of of the population in Manipur and Act”, and leave the matter at that. the public at large and experiences particularly project affected In this manner, the draft rules fails of affected people are taken on populations do not understand. to fulfill its true functions as the board. At least District Level con- One might refer to the recent The rules have to be always read along sultations with prior notifications Manipur Loktak Lake (Protection) with the Act. This is not practicable must be held and culminating with Act, 2006 and its subsequent or desirable because the Act a state level final consultation. This amendments & The Manipur cannot function as the proxy of will not mean that all views will be Loktak Lake (Protection) Rules, the rules. The Act provides the or can be taken on board with the 2008 (that was published only in spirit and legal parameters for the key progressive elements of best English language and was not rules, but it is not to be interpreted practices of national and interna- understood by the fishing as the rules themselves; tional levels are incorporated. community in and around the 15. Looking at the Draft 10. That, Government Loktak Lake. When this Act was Rules for Maharashtra, for needs to define this engagement translated into local Meiteilon example, which was notified in process with the people better. (Manipuri) the fisher community March 2014, it is clear that This will mean pre-arranged and began to protest which resulted Manipur’s draft rules are quite scheduled meetings/consultations into the Manipur Legislative inadequate and defectively reflects at district and state level, submis- Assembly passing a hurried the peculiar and specific realities sion process, local language trans- resolution to amend certain and needs of the people of our lation timeline, final draft paper sections of the Act. Such Acts and State. The Manipur draft has meetings etc. It becomes key in Rules, which can have critical glaring omissions and defects, by policy discussion in at least letting implications for affected people, fault or intent that makes it stakeholders know how their from current and future projects, exclusive, non-participatory and views will be considered as the must be translated in local vague as a guideline for the draft evolves into final Rules. languages, so as to have their implementation of the central Act. 11. That, at a preliminary insights and experiences sought In the end, the rules drafted for glance of the Draft Rules, it is clear and incorporated. We must not end Manipur may suffer from the that the rules are not at all rooted up with a piece of legislation that grave charge of violations of not in local realities, traditions and most people in Manipur do not just the central Act, but also of experiences in Manipur. For understand or agree with; universal human rights principles

32 CDRO Bulletin and statutes. lector. tion Act of 1894 in compulsory 16. There are several b. Other district level of- acquisition of land for public pur- ideas or concepts that are included ficials including SDO/SDC, Block poses including “urbanisation”, the in the draft rules, which have been Development Officer (BDO) are Draft Rules do not once mention left deliberately vague or undefined not properly defined nor incorpo- Municipal Councils, Small Town in the draft rules though the Act rated appropriately. Committees and Nagar Panchayats of 2013 in Chapter 1, section 2 c. In areas where the as important stakeholders in the (1), (2) and (3) has somewhat Manipur Panchayati Raj Acts of processes to instill a humane, just, exhaustively enlisted what is 1975 and 1994, the Manipur (Hill fair, participatory and transparent meant by “public purpose”, and Areas) District Councils Act, 1971 process and dispensation for af- also conditions that would apply (amended – 2000, 2008, 2011) are fected peoples. This is a serious in “Public Private Partnerships” or in force, the various authorities are lapse in the draft. when a “Private Company” is not defined in the drafted rules. 23. That, on the other allotted government acquired land, d. Various bodies and en- hand, with regard to areas in and so forth. tities introduced in the draft rules Manipur covered by The Manipur 17. That, in the first are also not defined, e.g. adminis- Village Authority (Hill Areas) Act, Chapter, Section 2 (Definitions) of trator, Collector, agency, appropri- 1956, as a local body of self gov- the draft rules, for example, the ate government, authority, local ernance (The Act was imple- concepts of “industrialisation”, bodies, social impact assessment, mented in 1957), and “essential infrastructural social impact assessment plan, state The Manipur (Hill Areas) District facilities”, “urbanisation”, and government, etc. Councils Act, 1971, it would be an “public purpose” are left imperative to address the specific unattended, unlike in the central 20. That, the Manipur protections and governance sys- Act. It is not adequate to merely Draft Rules 2014 is a similar copy tem that is prevalent in the spirit of include a clause (2) “Words and with small modifications of the the central Act, which provides expressions used and not defined centrally framed Rules that are ap- certain exceptions for Schedules in these rules but defined in the plicable across the country with Areas, instead by being inhuman, Act, shall have the meanings the exception of J&K, with some parsimonious and legalistic. respectively assigned to them in significant changes introduced be- 24. That, in Chapter 3 of the Act.” cause of the peculiar situation and the central Act, under section 7(4), 18. That, a rundown and realities in Manipur with special there is the provision for an inde- lazy framing of rules for such a reference to the land ownership pendent multidisciplinary Expert crucial law that attempts to tradition and laws, and civil author- Group to examine the Social Im- address free and democratic ity structures as a consequence of pact Assessment Study report and India’s long unfolding catastrophe The North-Eastern Areas recommend abandonment of the of compulsory land acquisition and (Reorganisation) Act, 1971, etc. project if the adverse conditions its assault on human dignity, These have to be examined for con- outweigh its predicted benefits. fundamental freedoms and rights, sistency and conformity to the re- 25. That, in the rules self-respect, socio-cultural and ality. drafted, as also in the central Act, economic status, environment and 21. That, on the other it is highly questionable how a gov- ecology may be seen as criminal hand, there are also significant ernment appointed group can be and immoral neglect by the state. omissions in the draft which needs deemed to be “independent”; 19. That, other entities and careful study to ensure that the 26. That, the draft rules authorities that are also not clearly Rules are framed as inclusively as fail to stipulate who are to be mem- defined in the Manipur context in- possible within the ambit of stated bers of the Expert Group, only re- clude: intent of the Act of 2013. ferring to the central Act. This is a a. “Deputy Commis- 22. That, for example, regular trick employed in the draft sioner” that seems to be inter- though the Act is to address lacu- rules; changeably used with District Col- nae of the repealed Land Acquisi- 27. That, the issue of a

CDRO Bulletin 33 Project Feasibility Study and Re- Transparency in Land Acquisi- 2. Ram Wangkheirakpam, Indig- port is mooted in the central Act. tion, Rehabilitation and Resettle- enous Perspectives The draft rules do not emphasis this ment (Social Impact Assessment 3. Laishram Helenchandra Singh, very important aspect in the deci- and Consent) (Manipur) Rules, JAC Against the Railway Sta- sion making process for a proposed 2014is a point that is to be seri- tion Yard at Yurembam land acquisition. (The Rules ously considered; 4. Oinam Rajen, All Loktak Lake framed for Maharashtra clearly 30. Therefore, we pray Area Fisherman Union stipulates that the Social Impact As- for your kind considerations of Manipur sessment study report should be above stated matters, and to: 5. Honreikhui K., Mapithel Dam in three parts i) Project Feasibility a. Regard the contents of Affected Villages Organization Report; 2) Project Impact Report this Joint Memorandum pertaining 6. Grace Jajo, Rights Activist and 3) Social Impact Management to the contents of the Draft Rules, 7. Th (o) Ratana, Lamlongei Plan for the Project). 2014 as only preliminary observa- Yaipha Thouda Nupi Lup 28. That, in FORM-II, tions and not a final submission 8. Nameirakpam Yaima Meetei, Section C: Table of contents for from the petitioners; Yurembam Apunba Club Social Impact Assessment Report b. Ensure that the Draft 9. Deben Sharma, People’s Dia- and Social Impact Management Rules, 2014 notified in the Manipur logue Initiative Plan, under Estimation and enu- Gazette (Extraordinary) No. 72 on 10. Onil Khetrimayum, Reachout meration (where required) of af- Tuesday, June 17, 2014 be made 11. A. Norendro, Lei-Inkhol Youth fected families and assets, we see available in all major local languages Development Organization mention of Scheduled Tribes and of Manipur; 12. Dr. Malem Ningthouja, Cam- other traditional forest dweller. c. Ensure a wide official paign for Peace & Democracy With regard to this, it is an open announcement by way of adver- (Manipur) secret that the Scheduled Tribes tisements at least consecutive 7 13. Babloo Loitongbam, Human and Other Traditional Forest Dwell- (Seven) times in all the leading lo- Rights Alert ers (Recognition of Forest Rights) cal media, including AIR-Akashvani Act, 2006 and its implementation Imphal and DDK Imphal; Imphal: 3rd July 2014 in Manipur is a non starter and an d. Ensure that relevant uphill task for the Forest Depart- translated texts of the draft are ment of the State to made easily available in all the dis- Note: Memorandum submitted to initiate. Moreover, the scope of trict and sub-divisional headquar- the Governor of Manipur, implementation of the said Act, ters of Manipur; Chief Minister of Manipur, especially in the tribal areas of e. Direct the concerned Revenue Minister and Hill Area Manipur is rather limited. The term authorities to notify a clear process Committee, Manipur Forest Dwellers cannot appropri- of engagement and finalization of ately be applied to the tribal peoples the Draft Rules that takes into con- of Manipur for their settlement had sideration Suggestions, Comments already been recognised as settled and Objections; villages. f. Set a new deadline for 29. That, given the com- the process of receipt after due plications in implementation, how revision of the Gazette Notification exactly is the Government of mentioned above; Manipur going to apply the Sched- uled Tribes and Other Traditional The following representa- Forest Dwellers (Recognition of tives append our signature hereto: Forest Rights) Act, 2006 in “So- cial Impact Assessment Report and 1. Dr. LD Roy (President, Centre Social Impact Management Plan” for Organisation Research and of Right to Fair Compensation and Education)

34 CDRO Bulletin A report on the fake surrender and grabbing money against false promises of recruitment in CRPF

Vernacular newspapers of Ranchi have published reports of cheating a Chief Minister of Jharkhand good no. of Jharkhand youth of lakhs of rupees promising them recruitment Sri Hemant Saren met victims at his in CRPF. residence and assured them that he Right activists of Ranchi gathered some information about this will see what can be done. One such fraud and requested CDRO to conduct a detailed fact finding in the matter. meeting was held on 08/07/14. It is learnt that about 514 youth from the districts of Ranchi, Khunti, It is to be explored whether Lohardaga and Latehar were made to pay an amount ranging from Rs.30000/ the surrender was staged for - to Rs. 200000/- each and made to surrender with arms posing as CPI grabbing the money to be given to (Maoist)/ PLFI cadre before CRPF officers the surrendered armed cadre under Accordingly, on 19/07/14, a CDRO team went to Gooti Jamgain the surrender policy of the state village of Nankum Block of Ranchi and talked with all 13 victims of that govt. and to get other benefits such village. All the victims belong to ST community. as promotion, reward, decoration etc. During November-December, 2011, one Bijaywara Lohar of or to make the entire episode Chalangi, Khunti contacted the victims and told them he could make convincing to the victims. The team arrangements for their recruitment in CRPF against monetary considerations. think that all big players will be It has been alleged that each of the victims arranged amounts ranging from spared making P Dinesh @ Dinesh Rs. 30000/- to Rs. 80000/- by selling/ pawning their ancestral land to one Prajapati and Rabi Bodra @ Ramesh Sarif Ansari. The money was given in the office of Digdarshan Institute of Bodra scapegoats. Ranchi. They were given to understand that surrendering with arms as CPI (Maoist)/ PLFI cadre would enhance their prospect of getting recruited. CDRO demands: Accordingly they were made to surrender as CPI (Maoist)/ PLFI cadre before An enquiry into the entire episode CoBRA officers Lakhinder and Chetan in the old jail of Ranchi where CRPF 1. To apprehend all govt. and non- CoBRA battalion 5 is camping, with 9 mm pistol, can bomb, rifle provided govt. players involved. and familiarized by Digdarshan Institute of Ranchi. Thereafter they were 2. To find out the persons kept in the old jail ranging from 6 to 18 months along with many youth from responsible for using state govt. other places. During this period they were never produced in any court and owned old jail which houses CRPF allowed to go home/elsewhere without any bar. At last, those who have not CoBRA Battalion 5 camp, for the so left were asked to leave stating that they would be recruited when the called surrender and training. vacancies occur. 3. Whether the surrendered persons The Village head (Munda pahan) and the chowkider of Jamgain were freed after due process. told the team that none of the victims has any connection with armed groups and they have no knowledge of the happenings before the boys’ departure to Ranchi. For and on behalf of the CDRO The team also met Krishna Sahoo of Digri, Torpa, Khunti, who team paid Rs. 200000/- to Digdarshan Institute of Ranchi for his son Janak Sahoo through Karolina Kerketta an ‘anganwari sebika’. Janak was also made to Tapas Chakraborty, on behalf of surrender with arms and spent from August, 2012 to January, 2013 in the old CDRO jail. During fact finding a person unwilling to identify himself told one 20/07/14 member of the team that some girls were also lured by the racket and they were kept in an undisclosed location and in all probability were used as sex slaves. Some of the victims filed an FIR (77/2014 dated 28/03/14) and on the basis of the complaint, P Dinesh @ Dinesh Prajapati and Rabi Bodra @ Ramesh Bodra of Digdarshan Institute of Ranchi were arrested and charge sheeted u/s 406/420/41/120(B) of Cr P C. They are now in judicial custody.

CDRO Bulletin 35 Why recently held public hearing at Lanjigada for Vedanta Resources is illegal

On 30th July 2014 public hearing was conducted by the State Pollution Control already complained that nearby Board Bhubaneswar and District Administration, Kalahandi for the expansion water bodies getting dried and the of Vedantar alumina plant upto 6mtpa. But the Board was not supposed to traditional dependency of farmers do so. Why? over Tel river are already jeopardized. Mining Source: The existing plant is not able to source 3million This fact has not been appreciated ton per annum of bauxite for the existing capacity (presently running less while preparing the EIA report and than 50 percent of total capacity), then how come the proponent will source there is a serious doubt if there is bauxite of 15.5million ton per annum for the 6time expansion project? It is a enough water available in Tel River known fact that there is no source of raw material for the existing 1MTPA to cater the 6 time need of the project. capacity of the plant and that is the reason why the plant is not able to run Illegal Expansion of with its optimum capacity. Also the probable sources of Bauxite mentioned Refinery Prior to Environment in the EIA such as Karlapat which itself is a Wildlife Sanctuary and the other Clearance: The project has already one Niyamgiri which is already rejected by Gramsabha after the historic completed major portion of the judgment of Supreme court of India. The permission of Gram Sabhas shall expansion work in violation of apply for all other bauxite mining, and it is difficult to see that such permission Environment Protection Act 1986, will be forthcoming. This is a major concern and need to be addressed first hence the illegal construction activity before moving to further expansion of the project. In absence of committed should be demolished first and then and definite source of bauxite, the project should not be allowed for after a fresh proposal for expansion expansion to 6MTPA. of the project may be considered. EIA report claims Bauxite mining is within 3.7km of refinery Continuing noncompliance project. However this data does not hold good in the light of Supreme Court of Environmental Norms: There has judgment and the subsequent all 12 gram sabhas denying the approval of been continuing non-compliance like Niyamgiri hill for bauxite mining. This indicates the EIA report is not up-to- breaches in red mud pond and date and based on outdated information. discharge of polluted water into Validity of ToR and Outdated datas in EIA report: The ToR of the Vansadhara River. There has been project was initially framed in 2008 and revised in February 2012. The validity several complaints filed in National of a ToR for preparing the EIA report is two years and in this case the TOR Human Rights Commission and State has been lapsed. The data used in preparing the EIA report are prior to Nov Commission against the polluted 2011, hence EIA report prepared with data of two and half year old makes no water of Vedanta Refinery that relevance in public hearing to be held in August 2014. caused skin diseases and made the One Season Data Is Not Sufficient: The EIA report is based on the water unfit for human use. data collected during winter season (Nov 2011- February 2012) and has not Impact of Thermal Power appreciated the environmental parameters in Monsoon, Post monsoon and Plant: There has not been any summer season. In fact Bhawanipatna has recorded the highest temperature mention in the EIA report about (46 degree) in 2014 while the EIA report mentions that the maximum the Radiation Impact due to coal temperature in project area is 34degree centigrade. Also the impact of red fired power project and as per the mud pond on down streams and Vansadhara could not assess as it has not NGT order, there is a mandatory been carried out in Monsoon or rainy season. So basically the timing of study of Radiation impact which has preparing the EIA and not considering all seasons is itself a fraud and eye not been carried out in the present wash. EIA study. No mention of carbon Water Source: is a major concern for the project. The existing pollution. water requirement is 14895 cubic meters per day and expansion project will Fly Ash: The power plant require 56500cubic meter per day. The water will be sourced from Tel River will generate around 2388 Tone of fly which already under stress because of the other competing users like Balangir ash per day but its disposal and risk municipality, Sahara power project and Lift Irrigations points along the river. has not been properly assessed. Local people in Kesinga where the intake well of the project is situated have

36 CDRO Bulletin Land Acquisition: Since the Note: This is from the letter written Khan, continue to freely roam in the project comes in Schedule Area and by Prafulla Samantara on 5th July area, threatening and intimidating the for every inch of land acquisition, it 2014 to the Odisha State locals, having been promoted from requires prior approval of the pollution Control Board, being SPOs to regularized members Gramsabha which has not been held. Bhubaneswar. of the constabulary, and even officers. Another implicated police officer, Sevak Singh (then The anatomy of a massacre: the mass Superintendent of Police, Special killings at Sailan, August 3-4, 1998 Operations Group, Poonch) was convicted of murdering a fellow police officer Sub-Inspector Ajay Report release on the 16th anniversary of the massacre Gupta in an unrelated incident. He

remained in jail for over ten years, Today, on 3 August 2014, the 16th anniversary of a mass killing which took and has been recently released on place in Sailan village, Poonch District, the Jammu Kashmir Coalition of Civil bail by the Indian Supreme Court. Society in association with the Survivors of the Sailan Massacre, released a The then Superintendent of Police report The Anatomy of a Massacre: The Mass Killings at Sailan, August 3- (Poonch), J.P Singh, who is also 4, 1998. By tracing the oral and documented history of the Sailan massacre, implicated in the cover up, is a highly the report shows how the crime was deeply embedded in the militarized decorated officer, awarded several social fabric of Sailan. It argues that mass crimes, including mass rapes, police medals both before and after collective torture, arson r and mass killings are a deliberate enactment of the the mass killings, and is presently impunity and lawlessness of the Indian state, which kill, maim and terrorise posted as the Deputy Inspector not only the direct victims, witnesses and survivors but the entire population. This report is part of the struggle of all victims of human rights violations in General (DIG), North Kashmir. Jammu and Kashmir, to articulate their demands for truth and justice in their The report provides an own words, when the very language to speak of the truth has been rendered account of the silenced history of anti-national, and therefore unspeakable. It commemorates the lives lost in the Sailan Massacre, and the the massacre at Sailan, and is dedicated to them, on the anniversary of their continuing legal battle of the untimely deaths. survivors. It relies on field visits, On the night of 3– 4 August 1998, 19 people, including 11 children human rights documentation, first ranging in age from about 4 years to 15 years, and 5 women (including one person accounts and interviews with woman in an advanced stage of pregnancy) were shot to death at point survivors, residents of Sailan, a blank range in their homes in Sailan, in the Surankote Tehsil, of Poonch retired district medical official, District, which is divided by the Line of Control, between Pakistan and lawyers and localhuman rights Indian Administered Jammu and Kashmir. A total of 13 females and 6 male activists, as well as official members of three closely related families were killed by 4 Special Police documents relating to the case Officers (SPOs) and personnel from 9 Paratroopers, an elite commando unit including the State Human Rights of the Indian Army. Their bodies were thereafter horribly dismembered and Commission order dated 21 October in one case almost decapitated with axes and sharp instruments. In official 1998, investigative and court accounts, such as the First Information Report, (FIR) and Right to Information documents and RTI responses. It (RTI) responses the crimes of that night are attributed to collateral damage analyses the massacre in the context in an ‘encounter’ with/ or an attack by ‘foreign militants’ despite over of the intensive militarization of the whelming evidence to the contrary. The surviving family members, some of Poonch district, and the active state whom are eye witnesses to the massacre, have waged a courageous and policy of incorporation of local tireless battle for truth and justice, over the last 16 years, despite intimidation, ethnic, linguistic and religious falsification of FIR, non investigation, criminal cover ups, and destruction minorities in the Jammu Region, into of evidence by high ranking police officials, the armed forces, and the communalized and ethnically accused SPOs. The alleged SPO perpetrators, namely Head Constable divisive state backed ‘counter Mohammad Younis, Selection Grade Constable Mohammad Rafiq Gujjar insurgency’ intelligence and military (presently posted with the 16 Rashtriya Rifles, Draba Camp), Selection Grade operatives, such as ‘informers’, Constable Mohammad Akbar and Assistant Sub-Inspector Maqsood Ahmad SPOs and VDC (Village Defense

CDRO Bulletin 37 Committee) members. The Report delays, contumacious acts and killed many people in fake chronicles the legal journey of the obstruction tactics in court, and encounters. Mr Sunny Rabha, the survivors before the State Human continued freedom and total Secretary of Anchalik (Regional) Rights Commission, the High Court impunity to the named Rabha Students Union said that in of Jammu and Kashmir, and in perpetrators. Goalpara district youths were often relation to the High Court ordered The legal and social killed in fake encounters. Mr fresh investigations by the Central history of the Sailan Massacre Birendra Rabha said that this was a Bureau of Investigations, which which this report uncovers, drama of encounter. He mentioned have shown little progress in the last exposes how the Indian that the army and police personnel year and a half since they were occupation of Jammu and Kashmir do such fake encounters for ordered in November 2012.It details is made real, not just through the promotions. the various attempts made by state control of physical territory, but by After an investigation of functionaries including police, army deep social penetration, acts of this case it has been found out that and state backed SPOs to scuttle the collective terrorization, and the both Dipankar Rabha and Biraj legal case, including attempts to active collaboration of all state Sutradhar were arrested about a clandestinely bury the corpses, institutions in the illusion of legal week or more prior to their deaths. falsely registering an FIR against procedures and rule of law. They were tortured in an unknown ‘foreign militants’, filing a status place and were killed in a fake report making dubious claims about encounter. Because the place where the destruction of the entire Jammu Kashmir Coalition of Civil they were shown to be involved in investigative file in a fire, constant Society an encounter with the forces is a busy road (NH 37), by which Fake encounter report from Assam vehicles ply throughout the day and night. Apart from that an APTF At about 11.30 in the night of 6 July 2014, two youths opened fire at a police battalion camp is located nearby and force under the leadership of ASP of Goalpara district Rosy Kalita and an thus it is not possible for a member army force under the leadership of the Major of Dabidubi camp, patrolling at of any illegal organization to come a secluded place on the national highway no 37, at Rongagarah under through that area. Goalpara thana of Goalpara district. In retaliation, the army and police fired back and killed the two youths. The police and the army had mentioned the Detail of late Dipankar Rabha youths as unidentified. This incident was reported in many newspapers of Assam on the 8 of July. Name: Dipankar Rabha (21) rd On 23 June, Mr Dipankar Rabha (21 married), son of Mr. Kunja Wife: Nibha Rabha (19 ) Rabha and Mrs. Ganga Rabha of Dwarapari village went out from home at Father: Mr Kunja Rabha (70) about 2 pm saying that he was going to a relative’s place in Xolmari. After he Mother: Mrs Ganga Rabha (50) had left home there was no further contact with the family. The family became Village: Dwarpara suspicious. Later on they came to know from the villagers that one of the PO: Sotmatia th youths who were killed in the encounter with the army on 6 July was PS: Krishnai Dipankar Rabha. They were being informed that the mortal remain was laying Dist: Goalpara (Assam) in the grounds of Goalpara Civil Hospital. The family brought the body home with the cooperation of the villagers and cremated it. Detail of Biraj Sutradhar Dipankar Rabha was a carpenter / mason by profession. According to parents of Dipankar Rabha, he did not know how to ride a motorcycle. Name:Biraj Sutradhar (22) When he went out from home he went in a bicycle. The wife of the deceased Wife: Mamoni Sutradhar (20) Dipankar Rabha Nibha Rabha said that her husband was not involved in Son: Mangal Sutradhar (4) any illegal organization. The Police and army captured Rabha from the road, Father: Mr Pramod Sutradhar (60) tortured him, broke his hand, and then killed in a fake encounter. Dipankar’s Mother: Mrs Pujari Sutradhar (40) parents have alleged that Dipankar was killed in a fake encounter. They said Village: Piprajari, that their son was always at home. A headman of the village Entrance Rabha PO: Sotmatia, PS: Dudhnoi, (70 yrs) said that they did not know of Dipankar being with any illegal Dist: Goalpara (Assam) organization or with ULFA. They charged that the government forces had

38 CDRO Bulletin The second youth who died place. He said that Biraj was killed in According to the family and public on 6 July was Biraj Sutradhar Lahkar fake encounter by army and police. torture marks were seen on Biraj’s (22 yrs) of Piprajari village. He was Police or army had never come to body. They say that he was shot from the father of a four year old child. their house looking for Biraj, he behind. They charged that the two According to the family, Biraj went added. He was not a member of any youths were arrested and then killed out from home on 23 June to his illegal organization. He does not in a fake encounter. Such fake maternal uncle’s place at Xolmari/ know how to ride a motorbike. Biraj’s encounters are taking place in Assam Solmari. He did not have a mobile wife Mamoni Lahkar said that her for about 20-22 years now. phone with him. He was a daily wage husband was not involved in any earner. His brother Lakhikanta illegal organization. He was Aditya Lahkar Sutradhar said that about three managing his small family by wage Secretary-General, MASS, Central months back both Biraj and he were labour. She said that she did not Committee (Assam) working at coal mines of Nangal in know why army and police killed him Meghalaya. But recently Biraj was and that it was not an encounter. She 18 July 2014 earning daily wage labour at his own said that he was picked up and killed.

Photo: Protest against Impunity to Armed forces in Armed Conflict Areas, 11 July 2014, Jantar Mantar, New Delhi

CDRO Bulletin 39