Sunday, February 22, 2015

नीलुपारा ,पेलमा और जर्रीडीह के लोगो ने एसडीएम को वापस भगाया ,कहा जमीन खरीदना है तो बना दो कोल मंडी आज रायगढ़ में रैली

नीलुपारा ,पेलमा  और जर्रीडीह के लोगो ने एसडीएम को वापस भगाया ,कहा जमीन  खरीदना है तो बना दो कोल  मंडी 

आज रायगढ़ में रैली 

रायगढ़ के एसईसीएल खदान के विरोध में नीलुपारा ,पेलमा  और जर्रीडीह के लोगो ने एसडीएम को बैरंग वापस भगा दिया ,उन्होंने कहा की यदि सरकार को कोयला खोदना है तो कोयला  मंडी खोल  ले ग्रामीण कोयला खोदेंगे और मंडी में बेच देंगे , इन्ही ग्रामसभा  ने प्रस्ताव पास करके भूमि देने के लिया इंकार कर दिया था ,एसडीएम इन्ही को समझने आये थे , इसका जबरजस्त विरोध हुआ और एसडीएम को मज़बूरी में वापस होना पड़ा , एसडीएम ने लोगो से यह भी कहा की बाहरी लोग आपको भड़का रहे है तो ग्रामीणो ने कहा की आप क्या गॉव में ही रहते है जो हमें समझने आये हैं।
अपनी जमीं जाने का भय विस्थापन के दर्द  से परेशान किसानो  ने एसीएल का भारी  विरोध शुरू कर दिया । शनिवार को ग्रामीणो को समझने  एसडीएम   अभिजीत सिंह गॉव  पहुंचे थे ,रामसिंह राठिया सहित करीब 500  ग्रामीणो ने स्पष्ट कह दिया की वे अपने पुरखो की जमींन  किसी भी हालत में नहीं देंगे। ग्रामीणो ने विव्द बढ़ने पे आंदोलन की चेतावनी भी दी।

जर्रीडीह में भी किसानो ने यही कहा की हम भी किसी भी  जमीं लेने का जबरजस्त विरोध करेंगे ,उन्होंने कहा की कई जगह एसईसीएल ने जमींन अधिग्रहण की है उन्हें आज तक मुआवज़ा नहीं मिला है सरकारी हो या निजो किसी भी कंपनी को गॉव में घुसने नहीं देंगे ,नीलूपारा में आदिवासियों में काम कर रही रिंनचिन ने कहा की एक एकड़ जमीं के नीच एकरीब बीस करोड़ का कोयला है , ऐसे में इस कोयले पे सबसे पहला अधिकार भूमि मालिक का है , भूमिअधग्रहण अध्यादेश का पुरे देश में विरोध किया जा रहा है ,इस अध्यादेश को हम किसी भी तरह से स्वीकार नहीं करेंगे , रिनचिन ने कहा की राज्य और केंद्र सरकार कार्पोरेट के लिए काम कर रही है ,
एसईसीएल के अधिकारी तो निजी कम्पनियो से भी ज्यादा अहंकारी है ,निजी कपंनी  के लोग तो गॉव के लोगो से मिल भी लेते है लेकिन सरकारी लोग तो किसानो को अपनों जेब में मानते यही ,यही कारण  है की सभी ग्रामसभाओं में शतप्रतिशत विरोध दर्ज़ हुआ और अधिकारियो को ग्रामीणो ने भगा दिया ,

आज रायगढ़ में रैली 

कॉल ब्लॉक प्रभावित गॉव के ग्रामीण आज रामलीला मैदान से कलेक्ट्रेट तक प्रतिरोध रैली निकालेंगे ,प्रदर्शन में करीब 40  गॉव के लोग शामिल हो रहे है 

तीस्ता सीतलवाद और जावेद आनंद पर गैरकानूनी कार्यवाही – मानव अधिकार रक्षकों और पत्रकारों-लेखकों की आजादी पर हमला

तीस्ता सीतलवाद और जावेद आनंद पर गैरकानूनी कार्यवाही –
मानव अधिकार रक्षकों और पत्रकारों-लेखकों की आजादी पर हमला


(छत्तीसगढ़ के जन-संगठनों और प्रगतीशील शक्तियों द्वारा कड़ी निंदा और एकजुटता के बयान)

रायपुर, २२ फरवरी, २०१५


भारत में मानव अधिकारों के लिए संघर्रत महिला पत्रकार तीस्ता सीतलवाद और जाने-पहचाने लेखक जावेद आनंद पर लगातार होने वाले हमलों और उन्हें बेबुनियाद आरोपों के घेरे में लाकर बेवजह कानूनी कार्यवाही कर परेशान करना न केवल गुजारत सरकार की राजनैतिक बदला लेने की बदनीयती उजागर करती है वरन यह केंद्र में सत्तारुद नरेन्द्र मोदी के नेतृत्व वाली सरकार के फासीवादी-अधिनायकवादी चरित्र का एक नमूना है. यह जग विदित है कि तीस्ता सीतलवाद और जावेद आनंद के संगठनों ने सन २००२ में गुजरात में हुए जनसंहार के तथ्य और उससे जुड़े राजनेताओं और अफसरों के अपराधों में शामिल होने के खिलाफ कानूनी और सामाजिक संघर्ष कर न्याय दिलाया था, जिसके चलते सांप्रदायिक हिंसा में शामिल ११७ लोगों को अदालत ने सजा दी थी, वरन उसमें शामिल राजनेताओं और अफसरों को भी कानून के कटघरे में लाकर घड़ा कर दिया था.

हम छत्तीसगढ़ के जन-संगठन और प्रगतीशील व्यक्ति यह मानते हैं कि वर्तमान अपराधिक कार्यवाही के पीछे गुजरात सरकार की यही मंशा रही है की एक मनाव अधिकार रक्षक के शांतिपूर्ण तरीके से कानूनी दायरे में किये आने वाले कामों पर येन-केन-प्रकरण लगाम लगाई जाए, और गुजरात जनसंहार में शामिल कोटि के राजनेताओं और अफसरों पर न्यायसंगत कार्यवाही न की जाये.

उनके खिलाफ वर्तमान आरोप कि उनकी संस्थानों ने भारी मात्रा में सार्वजनिक धनराशि का निजी स्वार्थ और हितों में दुरूपयोग कर धोखाधड़ी की है, इसी परिवेश में देखने-समझने की ज़रुरत है. सिटीजन्स फॉर जस्टिस एंड पीस और सबरंग ट्रस्ट का गठन मुंबई में १९९२-९३ के सांप्रदायिक हिंसा के दौर में किया गया था, जिसके अभियान के फलस्वरूप सांप्रदायिक संगठन और व्यक्ति विशेष आपराधिक दायरे में आये थे.

उनके द्वारा अहमदाबाद की गुलबर्गा सोसाइटी में सांप्रदायिक हिंसा के शिकार लोगों की यादगार में एक म्यूजियम बनाने के लिए जमा की गयी धनराशि के दुरूपयोग का आरोप सबसे पहले एक निजी व्यक्ति द्वारा मार्च २०१३ में लायगा गया था, जब तीस्ता सीतलवाद ने गुजरात के तत्कालीन मुख्यमंत्री नरेन्द्र मोदी और ५९ लोगों के खिलाफ २००२ में सांप्रदायिक हिंसा में लीन होने के लिए मुकदमा चलाने की पैरवी की थी, जिसमें अहमदाबाद क्राइम ब्रांच और अहमदाबाद पुलिस के वरिष्ट अधिकारी शामिल थे. इस मुक़दमे को दंडाधिकारी ने २६ दिसम्बर २०१३ को ख़ारिज कर दिया था. इस बीच जब तीस्ता सीतलवाद अपील में जाने की तैयारी कर रही थीं, कि उनके खिलाफ प्रथम सूचना रपट (ऍफ़.आई.आर.) दर्ज की गयी थी.

हम छत्तीसगढ़ के जन-संगठन और प्रगतीशील व्यक्ति यह मांग करते हैं कि तीस्ता सीतलवाद और जावेद आनंद को न्यायसंगत और कानूनसम्मत सुरक्षा के अधिकार दिए जाएँ, और सिर्फ इसलिए उन्हें परेशान कर सताया न जाए क्योंकि उन्होंने देश के कानून के दायरे में मानव अधिकारों के लिए संघर्ष किया है, और अभी भी कर रहे हैं. हम यह भी मांग करते हैं की भारत के तमाम मानव अधिकार, सामाजिक और राजनैतिक कार्यकर्तायों के लिए बिना किसी डर और परेशानी के काम करने का माहौल और मौका सुनिश्चित करना चाहिए, नकि उन्हें बाधाओं और हिंसक हमलों का सामना करना पड़े.

हम सभी संकल्परत हैं की तीस्ता सीतलवाद और जावेद आनंद जैसे मानव अधिकार रक्षकों और पत्रकारों-लेखकों की आज़ादी और अधिकार के लिए ज़रुरत पड़ने पर सड़क पर संघर्ष करेंगे, और फासीवाद-अधिनायकवादी ताकतों को परस्त करने के लिए एकजुट होकर संघर्षरत रहेंगे.

जिन जन-संगठनों ने इस बयान पर हस्ताक्षर किये हैं उनमें मुख्य रूप से शामिल हैं:



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चित्तरंजन बक्शी                 जनक लाल ठाकुर                        सी.एल. पटेल
(94252-02641)                            (94241-07557)                                             (98266-41016)

डा ,लाखन सिंह                                कॉम. नन्द कुमार कश्यप               राजेंद्र सायल
(77730-60946)                                  (94062-13116)                           (98268-04519==============================

दस हज़ार से ज़्यादा आदिवासी सुकमा ज़िले के तोंगपाल थाने के बाहर धरने पर बैठे हुए हैं .


 दस हज़ार से ज़्यादा आदिवासी सुकमा ज़िले के तोंगपाल थाने के बाहर धरने पर बैठे हुए हैं .

आदिवासियों पर छत्तीसगढ़ सरकार के दमन के विरोध में और क्रूरता के दोषी पुलिस अधिकारियों के विरुद्ध रिपोर्ट दर्ज़ करने की मांग को लेकर दस हज़ार से ज़्यादा आदिवासी सुकमा ज़िले के तोंगपाल थाने के बाहर धरने पर बैठे हुए हैं .
आज आदिवासियों को धरने पर बैठे हुए पांच दिन हो जायेंगे . आदिवासियों के शांतिपूर्ण प्रदर्शन पर सरकार ने दूसरे दिन ही बर्बर हमला भी किया था .
कल से सोनी सोरी और उनके साथ अनेकों आदिवासियों ने उपवास शुरू किया है .
सोनी ने उपवास कर रहे आदिवासियों को समझाने की कोशिश करी कि आप लोग उपवास ना करें मेरा उपवास पर्याप्त है .
लेकिन आदिवासी दृढ़ हैं . आदिवासियों का कहना है कि ऐसा कैसे हो सकता है कि आप भूखी रहें और हम खाना खाएं ?
सरकारी दमन का आदिवासियों के इस अनोखे प्रतिकार का अब छत्तीसगढ़ सरकार कैसे दमन करेगी अब सारी दुनिया देखेगी .
देखते हैं जीत किसकी होती है ? आदिवासियों की ज़मीने लूटने वाली लालची और क्रूर भाजपाई सरकार और उसकी बर्बर पुलिस की या भारत के आदिवासियों के शानदार प्रतिरोध की ?


[हिमांशु कुमार की पोस्ट से ]

कामरेड पानसरे की जघन्य हत्या और उनकी पत्नी पर भी घातक हमले लोकतंत्र पर फासीवाद के कसते शिकंजे का अंजाम

 कामरेड पानसरे की जघन्य हत्या और उनकी पत्नी पर भी घातक हमले
लोकतंत्र पर फासीवाद के कसते शिकंजे का अंजाम

(छत्तीसगढ़ के जन-संगठनों और प्रगतीशील शक्तियों द्वारा कड़ी निंदा और एकजुटता के बयान)

रायपुर, २२ फरवरी, २०१५


भारतीय कम्युनिस्ट पार्टी के महाराष्ट्र के सचिव, कॉम. गोविन्द पानसरे की जघन्य हत्या और उनकी पत्नी पर भी घातक हमले की कड़ी निंदा करते हुए छत्तीसगढ़ के जन-संगठनों और प्रगतीशील शक्तियों ने उसे लोकतंत्र पर फासीवाद के कसते शिकंजे का अंजाम करार दिया है, और सभी धर्मनिरपेक्ष और जनतांत्रिक शक्तियों को एकजुट होकर उससे मुकाबले के लिए साझा रणनीति और कार्यक्रम बनाने के लिए आव्हान किया है. कॉम. पानसरे जी की पत्नी और उनकी पार्टी के साथियों के साथ एकजुटता दर्शाते हुए छत्तीसगढ़ के जन-संगठनों और प्रगतीशील शक्तियों ने शोक व्यक्त किया है, और भारत के राष्ट्रपति और महाराष्ट्र सरकार से मांग की है कि कॉम. पानसरे जी के हत्यारों और उनकी पत्नी के हमलावरों को जल्द-से-जल्द गिरफ्तार कर न्याय दिलाया जाये.

छत्तीसगढ़ के तमाम जन संगठनों की ओर से एक बयान जारी कर कॉम. चित्तरंजन बक्शी, कॉम. जनक लाल ठाकुर, कॉम. नन्द कुमार कश्यप, डॉ. लाखन सिंह, कॉम. सी. एल. पटेल और राजेन्द्र सायल ने बताया कि कट्टरपंथी धार्मिक उन्माद, अधिनायकवाद, और भूमंडीकरण के कॉर्पोरेट एजेंडा की खिलाफत और भारत के संविधान में दिए गए मौलिक सिद्दांतो (धर्मनिरपेक्षता, जनतंत्र, समाजवाद) के पक्ष में संघर्ष करने वालों पर इस प्रकार के हमले वर्तमान राजनैतिक परिवेश मे और तेज़ होने हैं, क्योंकि राज्य सत्ता पर फासीवादी तत्वों और कॉर्पोरेट जगत का शिकंजा कसता जा रहा है. इसके खिलाफ हमें लामबंध होने की ज़रुरत है. कॉम. पानसरे जी एक स्वस्थ मार्क्सवादी विचारधारा के आधार पर समाज के वंचित तबके पक्ष में अदालत और सड़क पर संघर्ष करने के लिए जाने-पहचाने जाते थे, ख़ास कर मजदूरों, घरेलु कामगारों, फेरीवाले हव्केर्स, महिलाओं और किसानों के बुनियादी अधिकारों और न्याय के लिए.

इसलिए ज़रूरी है कि सभी जनवादी और प्रगतीशील संगठन व् व्यक्ति एकजुट होकर धार्मिक उन्माद, जातिवाद, मजदूर विरोधी, कायरता, हिंसा, गैर-बराबरी के खिलाफ न केवल आवाज़ बुलंद करें, लेकिन एक साझा संघर्ष करें ताकि महाराष्ट्र में कॉम. गोविन्द पानसरे जी, नरेन्द्र दाभोलकर, और गुजरात में मोहसिन खान जैसे सेक्युलर-जनतंत्र प्रेमी संघरशील व्यक्तियों को अब और न जान गवानी पड़े.

छत्तीसगढ़ के जन-संगठनों और प्रगतीशील शक्तियों ने इस जघन्य हत्या और घातक हमले की उच्च स्तरीय स्वतंत्र जांच के लिए महामहिम राष्ट्रपति महोदय से अपील की है, और ऐसी घटना की पुन:वृति न हो इसके लिए कानून-व्यवस्था बनाये रखने में कोताही बरतने वाले पुलिस अफसरों और राजनेताओं पर सीधी कानूनी और प्राशनिक कार्यवाही करें.

जिन जन-संगठनों ने इस अपील पर हस्ताक्षर किये हैं उनमें मुख्य रूप से शामिल हैं:


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 चित्तरंजन बक्शी                 जनक लाल ठाकुर                       सी.एल. पटेल
(94252-02641)                            (94241-07557)                                             (98266-41016)

डा,लाखन सिंह                     कॉम. नन्द कुमार कश्यप      राजेंद्र सायल
                                  (94062-13116)                           (98268-04519==============================================================
संपर्क पता: शशि कृषि फार्म, गाँव और पोस्ट तुमगांव, जिला – महासमुंद, पिन-कोड: 493-445, छत्तीसगढ़
इ-मेल: <rajendrasail@gmail.com>

सिपाही भाइयों के नाम खुला पत्र -हिमांशु कुमार

सिपाही भाइयों के नाम खुला पत्र
हिमांशु कुमार 

बी०एस०एफ० के पूर्व प्रमुख ई० एस० राम मोहन एक दिन हमारे घर आये| उन्होंने एक किस्सा सुनाया| एक बार वो आँध्रप्रदेश में सी०आर०पी०एफ० के किसी कार्यक्रम में बोल रहे थे| वहाँ उन्होंने कहा कि हमें हिंसा कम करने के लिए नक्सलियों से वार्ता करनी चाहिए| इस पर सी०आर०पी०एफ० के लोग बिफर गये और बोले वो हमें मारने के लिए हमारे नीचे बारूदी सुरंग बिछाते हैं, हम उनसे बात कैसे कर सकते हैं? राम मोहन जी ने कहा कि आप यहाँ किसकी रक्षा करने आये हो? और किसकी रक्षा कर रहे हो? आंध्रप्रदेश में क़ानूनी तौर पर कोई भी तीस एकड़ से ज्यादा जमीन नहीं रख सकता| लेकिन जमींदारों ने कई - कई हजार एकड़ जमीन अपने पास रखी हुई है| आप कानून तोड़ने वाले जमींदारों की रक्षा करते हो| जिस दिन आप जमींदारों को कहोगे कि हम आपको ये गैर क़ानूनी जमीन नहीं रखने देंगे| और आप वो जमीन गांव के गरीबों में बंटवा दोगे, उस दिन से आपके नीचे बारूदी सुरंगे लगनी बन्द हो जायेंगी| गरीब के खिलाफ काम करोगे, कानून के खिलाफ काम करोगे संविधान के खिलाफ काम करोगे तो लोग आप पर हमला करेंगे ही? देश के हर सिपाही को, हर सैनिक को अपने आप से पूछना चाहिये कि वो किसका सैनिक है? उसे किसकी तरफ से लड़ना है और किसके खिलाफ लड़ना है|
ये वही राम मोहन जी हैं जिन्हें दंतेवाडा में छिहत्तर सी आर पी एफ के सिपाहियों के मरने पर भारत सरकार ने जांच करने के लिए भेजा था ! और आज तक सरकार की हिम्मत नहीं हुई कि उनकी दी हुई रिपोर्ट प्रकाशित करने कर सके !
आज हमारे सिपाही किससे लड़ रहे हैं? क्या बेईमान अमीरों से ? भ्रष्ट नेताओं से ? नहीं, आज हमारे सिपाही लड़ रहे हैं गरीबों से, आदिवासियों से, दलितों से, अपना हक़ मांगने वाली महिलाओं से | यानि सिपाही लड़ रहे हैं देश के विरुद्ध, क्योंकि ये करोड़ों गरीब, दलित, आदिवासी महिलाएं ही देश हैं| और रक्षा कर रहे हैं अमीरों और नेताओं की| यानि हमारे सिपाही मुट्ठी भर गलत लोगों की तरफ से करोड़ों देशवासियों के खिलाफ लगातार युद्ध में लगे हुए हैं | क्या एक गरीब व्यक्ति पुलिस को अपना रक्षक मानता है? क्या एक गांव की आदिवासी लडकी अपनी इज्जत बचाने के लिये पुलिस थाने की शरण ले सकती है? सब जानते हैं कि आप रेहड़ी वालों से ,खोमचे वालों से , रिक्शे वालों से , रेल की पटरी पर फेंकी हुई पुरानी पानी की बोतलें बीनने वाले बच्चों से भी पैसे वसूलते हैं ! क्या यही क़ानून की रक्षा है ? क्या यही देश भक्ति है ? खुद से पूछिये इनके जवाब?
अगर आप में से किसी में भी साहस है सत्य और कानून का साथ देने का तो मैं आपको कुछ वारंट देता हूँ कुछ बलात्कारी पुलिसवालों के खिलाफ | इन्होने उसी इलाके में बलात्कार किये हैं जिस इलाके में छियत्तर जवानों की जान गयी ! ये बलात्कारी पुलिस वाले आज भी खुलेआम छत्तीसगढ़ के दोरनापाल थाने में रहते हैं| हर महीने तनख्वाह लेते हैं| लेकिन सरकार कोर्ट में कहती है कि ये फरार हैं| आइये, कानून को लागु कीजिये, पकड़िये इन्हें और कोर्ट को सौंप दीजिये| मान लेंगे हम कि आप बहुत वीर सैनिक हैं| लेकिन आपकी बहादुरी तो नियमगिरी की पहाड़ी पर रहने वाले आदिवासियों के पूरे के पूरे गांव पर धारा ३०२ लगाने में दिखाई देती है| आपकी बहादुरी उड़ीसा के जगतसिंहपुर की तीन गांव की हर महिला पर फर्जी मुकदमे लगा देने में दिखाई देती है जो पोस्को नामक विदेशी कम्पनी को अपनी जमीन देने का विरोध करने के लिये जमीन पर लेट कर सत्याग्रह कर रही हैं|
आपकी नियुक्ति भारत के संविधान की रक्षा के लिये हुई है| लेकिन आप रोज संविधान तोड़ने वालों का साथ देते हैं और आप रोज संविधान लागू करने वालों पर हमला करते हैं| भारत का संविधान कहता है आदिवासियों की जमीने आदिवासियों की ग्राम सभा की अनुमति के बिना सरकार नहीं ले सकती| लेकिन पूरे आदिवासी क्षेत्रों में पुलिस की बंदूक के बल पर ये भ्रष्ट नेता, उद्योगपतियों से पैसा खाकर आदिवासियों की जमीने छीन रहे हैं| आप इन नेताओं के लिये संविधान तोड़ते हैं | जबकि आपको इन नेताओं की छाती पर बंदूक टिकाकर बोलना चाहिये कि मिस्टर चीफ मिनिस्टर मैं आपको भारत का संविधान नहीं तोड़ने दूँगा| और जिस दिन आपकी बंदूक भ्रष्ट नेता के खिलाफ उठेगी उसी दिन नक्सलवाद समाप्त हो जायेगा|
विदेशी कम्पनियाँ इस देश की जमीने हथिया रही हैं,! ये विदेशी सौदागर इस देश के खनिज की दौलत को लूट रहे हैं किसके दम पर ? आपके दम पर | आप इस देश को लूटने वाली कम्पनियों का साथ दे रहे हैं ! यही काम तो आजादी से पहले अंग्रेजों की पुलिस ईस्ट इंडिया कम्पनी के लिये करती थी| तो आप आजादी के बाद फिर से गुलामी ला रहे हैं ? और जो जनता इस देश की दौलत को इन कम्पनियों की लूट से बचाने के लिये लड़ रही है, आप उस जनता पर गोली चला रहे हो ? ये देश भक्ति है ?
आप सोचते हैं आप लालची नेताओं, भ्रष्ट अमीरों के आदेश पर गरीबों को मारने जाओगे और अगर गरीब खुद को बचाने के लिये पलट कर आपको मार देगा तो हम आपके लिये आँसू बहायेंगे | बिलकुल नहीं | हम गरीबों के साथ हैं | हम अत्याचारी के खिलाफ हैं | और आप अत्याचारी के साथ खड़े हैं ! तो एक गाँधीवादी के नाते मैं आपको सलाह देता हूँ कि आप तुरंत अत्याचारी को छोड़कर गरीब जनता की तरफ आ जाइये| संविधान की तरफ आइये ! देश की तरफ आइये ! हम आपके मानवाधिकारों के लिए तो लड़ सकते हैं लेकिन आपके बन्दूकाधिकार के लिए बिलकुल नहीं !

ग़ारे और कोसमपाली [ रायगढ़ ] के आदिवासी 23 फरबरी को रायगढ़ में रैली और धरना , आप भी आईये

ग़ारे  और कोसमपाली [ रायगढ़ ] के आदिवासी 23  फरबरी को रायगढ़  में रैली और धरना , आप भी आईये 


ग़ारे  और कोसमपाली के आदिवासी 23  फरबरी को रायगढ़  में रैली और धरना कर  रहे  है ,या धरना कलेक्टर  कार्यालय के सामने होना है ,आप में  जो भी आना चाहे उसका स्वागत हैं ,
16 -18  फरबरी को एसईसीएल  की प्रस्तावित खदान के लिए 8  गांव मैं फारेस्ट डायवर्सन के लिए अनापत्ति का ग्राम सभाओ में भारी  विरोध के साथ ग्रामसभा ने विरोध में प्रस्ताव पास किया। फारेस्ट राईट एक्ट  के तहत कार्यवाही और सामुदायिक एवं निजी पट्टों की मांग की।
एसईसीएल का भूअर्जन कोल बीयरिंग एक्ट के तहत किया जा रहा है ,बताया जा रहा है की धारा  चार से लेकर धारा  11 तक सब सब 2009 से पूरी हो गई है पर कही भी कोई कागजात ग्रामसभा में चर्चा के किये नहीं आये ,एसडीएम या अन्य कोई अधिकारी इसका जबाब नहीं दे रहे है।
लेकिन ग्रामबासियो  का विरोध बहुत भारी  था ,इनकी मांग है की पूरी परियोजना रद्द की जाये ,रेल कॉरिडोर के लिए भी एनओसी  नहीं दी है ,लोगो ने स्पष्ट कहा है की रेल  कॉरिडोर जनहित में नहीं बल्कि कोल  कम्पनियो  के लिए आ रही है। ग्राम सभा की बिना अनुमति के काम किया जा रहा है इसे तुरंत रोक लगाई जाये।
इन्ही सब मांग को लेकर 23  फरबरी  को रैली  और धरना आयोजित किया गया है ,आप भी आईये ,


Saturday, February 21, 2015

पांसरे की मौत और अभिव्यक्ति पर सवाल

पांसरे की मौत और अभिव्यक्ति पर सवाल

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पांसरे निधन, शोक सभा
महाराष्ट्र की छवि को एक प्रगतिशील राज्य के रूप में बार-बार झटके लग रहे है. राज्य के प्रगतिशील एवं वामपंथी कार्यकर्ताओं का मानना है कि गोविंदराव पांसरे पर हुए हमले और इसके बाद अस्पताल में उनकी मौत से यह धारणा और मजबूत हुई है.
जिस तरह विरोधियों को निशाना बनाया जा रहा है, उससे ये सवाल उठ रहे हैं कि क्या राज्य में अपना विचार अभिव्यक्त करना ख़तरनाक है?
पांसरे की मौत ने 20 अगस्त 2013 को पुणे में हुई डॉक्टर नरेंद्र दाभोलकर की हत्या की याद ताज़ा कर दी जो अंधविश्वास विरोधी आंदोलन का चेहरा थे.
पांसरे की तरह ही वह भी सुबह टहलने निकले थे, जब उन पर क़रीब से गोलियां चलाई गई. उन पर हमला करने वाले हमलावर भी पकड़े नहीं जा सके.

'सांप्रदायिकता के विरोध में'

पांसरे पिछले 50 साल से प्रगतिशील आंदोलन के मुखिया थे. सांप्रदायिकता के विरोध में वह काफी सक्रिय थे. हाल ही में नाथुराम गोडसे के महिमामंडन के ख़िलाफ़ उन्होंने कड़ी प्रतिक्रिया व्यक्त की थी.
'शिवाजी कोण होता' (शिवाजी कौन था) जैसे पुस्तक के ज़रिए उन्होंने हिंदुत्ववादी ताकतों के शिवाजी की प्रतिमा के दोहन पर सवाल खड़े किए थे.
पिछले कई दिनों से "तुम्हें भी दाभोलकर बना देंगे" जैसी धमकियों भरे पत्र उन्हें मिल रहे थे.

राजनीतिक छींटाकशी

गोविंद पांसरे
एक तरफ उनके हमलावर अब भी खुलेआम घूम रहे है, वहीं राजनीतिक छींटाकशी ज़ोरों पर है. कांग्रेस एवं राष्ट्रवादी कांग्रेस पार्टी के नेता जो डॉक्टर दाभोलकर की हत्या के समय सत्ता में थे, अब भाजपा-शिवसेना सरकार को दोषी ठहरा रहे हैं.
सभी राजनीतिक दलों ने हमले की निंदा की जिनमें विश्व हिंदू परिषद एवं भाजपा भी शामिल है. मुख्यमंत्री देवेन्द्र फडणवीस ने इसे गंभीर मामला बताते हुए हमलावरों को शीघ्र गिरफ़्तार करने का वादा किया है.
डॉक्टर दाभोलकर की पुत्री मुक्ता अस्पताल में पांसरे से मिली थीं.
वह सवाल करती हैं, "डॉक्टर दाभोलकर की हत्या के समय तत्कालीन सरकार से इस्तीफ़ा मांगनेवाली भाजपा आज सत्ता में है. अब पांसरे और उनकी पत्नी पर हमला हुआ है तो क्या भाजपा सरकार इस्तीफ़ा देगी?"
वह कहती हैं, "अब सवाल यह उठ रहा है कि अगला निशाना कौन होगा? लगता है हमलावरों का यही संदेश है कि जो विचारों की स्वतंत्रता की बात करेगा उनका यही अंजाम होगा."
लगभग 50 साल से पांसरे के सहयोगी रहे वरिष्ठ मज़दूर नेता एनडी पाटिल कहते हैं, "पांसरे की किसी से व्यक्तिगत दुश्मनी नहीं थी. इस ख़ूनी हमले के लिए सरकार ही ज़िम्मेदार है."
मेधा पाटकर ने सवाल किया है कि सेक्युलर लोगों पर ही हमले क्यों हो रहे है, इस पर विचार होना चाहिए कि हिंसा का माहौल क्यों बन रहा है?

एक दशक का सिलसिला

पांसरे किताब
'शिवाजी कोण होता' पुस्तक के ज़रिए पांसरे ने हिंदुत्ववादी ताकतों की आलोचना की थी
पिछले दशक में राज्य में अभिव्यक्ति की वजह से हिंसक हमले बढ़े हैं. वर्ष 2004 में संभाजी ब्रिगेड नामक संगठन ने पुणे के भंडारकर ओरिएंटल रिसर्च इंस्टीट्यूट पर हमला किया था.
उनका आरोप था कि यहां के ब्राह्मण विद्वानों ने जेम्स लेन नाम के अमरीकी लेखक को शिवाजी का चरित्रहनन करने में मदद की थी.
वर्ष 2007 में हिंदूवादी संगठनों ने एक नाटक का मंचन रोक दिया था, क्योंकि उनके अनुसार इससे हनुमान का अनादर होता था. हालांकि बाद में नाम बदलकर इसका मंचन किया गया.
साल 2008 में ठाणे में सनातन संस्था के दो कार्यकर्ताओं को उच्च न्यायालय ने सज़ा सुनाई थी. एक नाट्यगृह में मंचन के दौरान वहां बम विस्फोट करवाने का उन पर आरोप था. इन कार्यकर्ताओं का कहना था कि उस नाटक में हिंदू देवी-देवताओं का मज़ाक उड़ाया गया था.

कॉमरेड गोविंद पानसरे को लाल सलाम !

कॉमरेड गोविंद पानसरे को लाल सलाम !

निशाना बनाए जाने के पंद्रह दिन पहले ही कॉमरेड गोविंद पानसरे को धमकियां मिली थीं कि वह नाथूराम गोडसे के खिलाफ़ बोलना बंद करें, नहीं तो…
नई दिल्ली। किसानों, ग़रीबों, गन्ना किसानों, सामाजिक और आर्थिक पिछड़ों के लिए 60 वर्षों से अधिक लड़ने वाले कॉमरेड गोविंद पानसरे नहीं रहे। उन्होंने बीती रात आखिरी सांस ली।
बहादुर निर्भीक, अन्धविश्वास के खिलाफ लड़ते हुए सच का झंडा लहराते हुए कामरेड गोविंद पानसरे साम्प्रदायिकता, आतंक और नफरत के शिकार हुए।
भारतीय कम्युनिस्ट पार्टी के राष्ट्रीय सचिव अतुल कुमार अंजानने बताया कि कामरेड गोविन्द पानसरे २० फरवरी को मुंबई के कैंडी अस्पताल में रात साढ़े आठ बजे हम सब को अपना आखरी सलाम कह कर चले गए। कामरेड पानसरे की स्मृति को नमन और लाल सलाम करते हुए श्री अंजान ने बताया कि 21 फरवरी को दोपहर 12 बजे अंतिम संस्कार कोल्हापुर महाराष्ट्र में होगा। उन्होंने कहा हम सब मिल कर कॉमरेड गोविंद पानसरे की स्मृति में सभा करें उन्हें याद करें और साज़िशों के खिलाफ आवाज़ बुलंद करें।
बता दें, गोविंद पानसरे इस समय टोल के विरुद्ध आंदोलन चला रहे थे। उन पर बीते दिनों जानलेवा हमला किया गया था, जब वे अपनी पत्नी के साथ मॉर्निंग वॉक कर रहे थे।

सरकार ने अर्ध सैनिक बल भेज कर आदिवासियों पर बर्बर हमला किया और महिलाओं , बच्चों और बूढों को पीटा .


सरकार ने अर्ध सैनिक बल भेज कर आदिवासियों पर बर्बर हमला किया और महिलाओं , बच्चों और बूढों को पीटा .
हिमांशु कुमार 
छत्तीसगढ़ की भाजपा सरकार अमीर उद्योगपतियों से पैसा खाकर आदिवासियों की ज़मीने छीन कर उद्योगपतियों को सौंपने में लगी हुई है .
इस सब छीन झपट के खिलाफ़ आदिवासी आवाज़ ना उठा सकें इस लिए सरकार आदिवासियों को डराने के लिए आदिवासियों की पिटाई , मारपीट , बलात्कार ,फर्ज़ी मुकदमों में फंसाना आदि काम कर रही है .
छत्तीसगढ़ के सुकमा ज़िले में सरकार ने पूरे गाँव को डराने के लिए निर्दोष आदिवासी हिडमा को पकड़ कर बुरी तरह पीटा जिससे हिडमा का हाथ टूट गया . बाद में पुलिस ने अपनी गलती छिपाने के लिए हिडमा को नक्सली कह कर जेल में बंद कर दिया .
दस हज़ार आदिवासी गाँव से निकल आये और उन्होंने तोंगपाल थाने को घेर लिया .
सरकार ने अर्ध सैनिक बल भेज कर आदिवासियों पर बर्बर हमला किया और महिलाओं , बच्चों और बूढों को पीटा .
तीन आदिवासियों को थाने के भीतर ले जाकर उनपर फर्ज़ी मुकदमा लगाया . इन तीन आदिवासियों को थाने के भीतर ले जाकर खुद थानेदार ने बर्बर तरीके से पीटा .
सोनी सोरी इन आदिवासियों के साथ रही . तीनों आदिवासियों को कल मुचलके पर रिहा कराया गया .
दस हज़ार आदिवासी सोनी सोरी के साथ तोंगपाल थाने के सामने बैठे हैं .
आदिवासियों की मांग है कि इन आदिवासियों की बर्बर पिटाई करने वाले थानेदार के खिलाफ़ एफआईआर दर्ज़ हो , निर्दोष आदिवासियों को फर्ज़ी मामलों में फंसाना बंद किया जाय . निर्दोष आदिवासियों के खिलाफ़ फर्ज़ी मामले वापिस लिए जाएँ .
अगर आज रात तक सरकार ने एफ आई दर्ज़ नहीं करी तो कल सुबह से सोनी सोरी और अन्य आदिवासी उपवास शुरू करेंगे .

धर्म की आड़ में महिला अस्मिता पर प्रहार: जीत सिंह सनवाल

धर्म की आड़ में महिला अस्मिता पर प्रहार: जीत सिंह सनवाल

FEBRUARY 19, 2015
Guest post by JEET SINGH SANWAL
उन्नाव (उ.प्र.) से भारतीय जनता पार्टी के सांसद साक्षी महाराज ने पिछले माह हिन्दू धर्मावलम्बी महिलाओं को चार-चार बच्चे पैदा करने की सलाह देकर हिन्दुत्ववादी संगठनों की वर्षों पुरानी ख्वाहिश को मानो एक जीवनदान दे दिया। इस बयान के बाद तमाम हिन्दुत्ववादी संगठनों ने धर्म की दुहाई देते हुए महिलाओं को ज्यादा से ज्यादा बच्चे पैदा करने की सलाह देने के लिए मोर्चा संभाल लिया। कुछ लोगों ने तो आठ और कुछ ने दस-दस बच्चों को पैदा करने तक का आह्वान कर दिया। कई वर्षों से विश्व हिन्दू परिषद इस विषय को मुद्दा बनाये हुए है लेकिन साधारण जनमानस ने उसे कोई महत्व नहीं दिया। भाजपा के नेताओं द्वारा इस तिरस्कृत मुद्दे को उछालने के बाद इस तरह के तमाम संगठनों ने इसे हाथों-हाथ लेते हुए एक व्यापक मुद्दा बनाने का प्रयास किया।
महत्वपूर्ण बात यह है कि वी.एच.पी. से संबंधित साध्वियों को यदि छोड़ दें तो महिलाओं से संबंधित इस मुद्दे पर यह बहस पुरुषों ने शुरू की है। महिलाओं को संबोधित करने वाले ये बयान महिलाओं पर अधिकार जमाने वाले पुरूष मानसिकता का प्रतिरूप है, जिसमें महिलाओं की स्वतंत्रता, इच्छा, अधिकार, समानता व आत्मसम्मान की कोई जगह नहीं है।
इस मुद्दे की जमीनी सच्चाई तो यह है कि ऐसे  बयानों के बावजूद भारतीय महिलाओं ने प्रजनन दर को कम रखने को प्राथमिकता दी है। जनसंख्या निदेशालय के आंकड़ों के अनुसार भारत की कुल प्रजनन दर जो 1971 में 5.2 थी वह घटकर 2013 में 2.3 हो गई। धार्मिक भावनाओं केा भड़का कर इन महिला विरोधी बयानों को तूल देने की इस प्रक्रिया में चिंता इस बात की है कि इसमें धर्म के ठेकेदारों के साथ-साथ सत्ता पक्ष से जुड़े राजनेताओं ने भी मोर्चा संभाला हुआ है। छिट-पुट विरोधों के अलावा प्रगतिशील मंचों से इस तरह के बयानों की कोई खास आलोचना न होने से भी इन संगठनों व लोगों के हौसले बढे  हैं। 
महिला सशक्तिकरण तथा जननांकिकी संबंधी तमाम अध्ययनों से इस बात की पुष्टि होती है कि प्रजनन दर अधिक रहने के कारण महिलाएं सामाजिक व आर्थिक तौर पर सशक्त नहीं हो पाती हैं। ज्यादा बच्चों के साथ उन्हें अधिकतर समय घर की चारदिवारियों के बीच ही बच्चों की देख-भाल करनी पड़ती है। इसके अलावा अधिक प्रजनन दर के कारण महिलाओं व बच्चों दोनों के स्वास्थ्य पर प्रतिकूल असर पड़ता है। बच्चों की देख-रेख में समय बिताने के चलते महिलाओं की शिक्षा, रोजगार व प्रगति के तमाम अवसरों पर नकारात्मक असर पड़ता है।
यह बड़ी विडंबना है कि एक ओर मोदी सरकार ‘बेटी बचाओ बेटी पढ़ाओ’ जैसे कार्यक्रमों के जरिए महिलाओं के सशक्तिकरण की बात करती है वहीं दूसरी ओर सत्तारूढ़ पार्टी व उनके सहयोगी महिलाओं को चारदिवारी तक सीमित करने के लिए ऐड़ी चोटी का जोर लगा रहे हैं। प्रजनन आयु तथा कैरियर बनाने की उम्र सामान्यतया एक ही होती है ऐसे में यदि महिलाओं को चार-चार बच्चे पैदा करने पड़े तो वो कब पढ़ेंगे और बढे़ंगे। तमाम अध्ययनों से इस बात की भी पुष्टि होती है कि आज के आधुनिक व वैश्वीकरण के युग में भी कामकाजी महिलाओं को एक बार भी मां बनने के बाद वापस काम पर लौटने के लिए बहुत संघर्ष करना पड़ता है। ऐसे में अधिक बच्चे पैदा करने की सलाह में तमाम अन्य राष्ट्रीय हितों की उपेक्षा के अलावा महिलाओं के मूलभूत अधिकारों का भी हनन होता है।
राष्ट्रीय पारिवारिक स्वास्थ्य सर्वेक्षण (एन.एफ.एच.एस.) के अभी तक किए गये तीन चरणों के देशव्यापी अध्ययन से स्पष्ट होता है कि महिलाओं की प्रगति का सीधा असर उनके प्रजनन संबंधी व्यवहारों पर पड़ रहा है। आंकड़ों के अनुसार किसी भी समुदाय में अधिक प्रजनन दर इस बात की ओर संकेत करता है कि वहां शिक्षा,स्वास्थ्य, रोजगार,  महिला स्वतंत्रता जैसे तमाम विकासोन्मुखी आवश्यकताओं की अनदेखी हो रही है। इन आंकड़ों के अनुसार शहरी क्षेत्रों की अपेक्षा ग्रामीण क्षेत्रों में, पढे–लिखे समाज की अपेक्षा कम शिक्षित समाज में, उच्च जातीय समुदाय की अपेक्षा दलित एवं आदिवासियों में और हिन्दू, ईसाई, बौद्ध की अपेक्षा मुस्लिमों में प्रजनन दर अधिक है। जैसे-जैसे सामाजिक एवं आर्थिक प्रगति आ रही है, वैसे-वैसे महिलाओं की स्वतंत्रता एवं आत्मसम्मान में वृद्धि हो रही है। यही कारण है कि सभी समूहों में प्रजनन दर कम हो रही है। गौर करने वाली बात यह भी है कि उपेक्षित समुदाय जैसे मुस्लिम, दलित व ग्रामीण क्षेत्रों में प्रजनन दर में अन्य समुदायों की अपेक्षा अधिक सुधार देखा गया है। उपरोक्त तथ्यों से यह बात स्पष्ट होती है कि जिन समूहों में महिलाओं की स्वतंत्रता व समानता का अभाव है वहां प्रजनन दर अधिक है।
प्रजनन की प्रक्रिया में होने वाले शारीरिक, मानसिक तथा भावनात्मक उतार-चढ़ाव का सबसे ज्यादा प्रभाव मां बनने वाली महिला पर होता है। ऐसे में बच्चे पैदा करने का निर्णय प्रत्येक महिला का अपना निजी मामला है, यह उसका अधिकार है कि वह कब और कितने बच्चे पैदा करे या ना करे। हालिया बयानबाजी महिलाओं के इस निजी अधिकार का हनन तो करता है लेकिन यहां यह समझने की ज्यादा आवश्यकता है कि इन बयानों के पीछे कौन सी सोच है और यह किस रणनीति के तहत् संचालित किया जा रहा है।
यह अभियान पूर्ण रूप से पुरुष सत्तात्मक मानसिकता की उपज है जहां महिलाओं के प्रजनन संबंधी अधिकार पर पुरुषों की संप्रभुता होती है। प्रजनन संबंधी अधिकार महिलाओं के लिए एक बुनियादी अधिकार है क्योंकि मात्र इस अधिकार के हनन के जरिए महिलाओं के तमाम आधुनिक प्रगति के रास्तों को रोका जा सकता है। यह बात भी स्पष्ट है कि भारत में अधिकांशतः लोग इस तरह के दकियानूसी अभियानों को कोई तरजीह नहीं देते हैं। यह बात समझते हुए इन संगठनों ने बड़ी चालाकी से इसे सांप्रदायिक रंग दे दिया। उनका तर्क है कि मुस्लिमों की प्रजनन दर अभी हिन्दुओं की अपेक्षा ज्यादा है और इसी वजह से एक दिन भारत में मुस्लिम अल्पसंख्यक से बहुसंख्यक हो जायेंगे। इस दलील को वे अक्सर वर्ष 1991 व 2001 की जनगणना का संदर्भ लेकर पुष्ट करने का प्रयास करते है। जनगणना के इन आंकड़ों से यह बात स्पष्ट होती है कि हिन्दू व मुस्लिम दोनों धर्मों के लोगों की दशकीय जनसंख्या वृद्धि दर में कमी आयी है। हालांकि, मुस्लिमों की दशकीय वृद्धि दर हिन्दुओं की अपेक्षा ज्यादा है लेकिन खास बात यह है कि वर्ष 2001 में मुस्लिमों की जनसंख्या वृद्धि दर में उससे पिछले दशक की अपेक्षा 3.5 प्रतिशत की गिरावट दर्ज की गई, जबकि हिन्दुओं की जनसंख्या वृद्धि दर में इसी दौरान मात्र 2.9 प्रतिशत की गिरावट दर्ज की गई। तथ्यात्मक रूप से यह जानते हुए भी कि भारत के सभी सामाजिक, सांस्कृतिक व आर्थिक समूहों में जनसंख्या वृद्धि दर लगातार कम हो रही है, फिर भी दो धार्मिक समुदायों की जनसंख्या को लेकर किसी खास समुदाय को निशाना बनाना दुर्भाग्यपूर्ण है।
जनगणना ही नहीं बल्कि अभी तक किये गये तीन चरणों का राष्ट्रीय पारिवारिक स्वास्थ्य सर्वेक्षण भी इस बात की पुष्टि करता है कि सभी धर्मों व संप्रदायों में महिलाएं कम बच्चे जनने के पक्षधर हैं क्योंकि अब उन्हें घर से बाहर अपने हुनर व ज्ञान का इस्तेमाल करने के ज्यादा मौके मिल रहे हैं। पिछले दो दशकों में प्रजनन दर आधे से भी कम हो गई है। इसलिए यह बात तो स्पष्ट है कि मुस्लिमों की आबादी का जो कथित खतरा देश के बहुसंख्यक समाज के सामने प्रस्तुत किया जा रहा है वह कहीं से भी पुष्ट नहीं होता है। अब ऐसे में यह समझने की आवश्यकता है कि यदि मुस्लिमों की बढ़ती आबादी का जो भ्रम पैदा किया जा रहा है वह कुछ लोगों की काल्पनिक उपज है तो फिर हिन्दू महिलाओं को आखिर क्यों ये लोग बच्चे पैदा करने की मशीन बनाने पर आमादा है। वास्तविकता तो यह है कि ये संगठन महिलाओं को घर इज्जत, लज्जा, आबरू जैसे मुखौटों में घेरकर रखने वाले महिला विरोधी है। धर्म एक संवेदनशील विषय है, इसके जरिए महिला विरोधी एजेंडे को लागू करने से न सिर्फ महिलाओं के आत्मसम्मान को ठेस पहुंचता है बल्कि सांप्रदायिक तौर पर समाज को भी बांटता है। ऐसे में यह कहना अतिश्योक्ति नहीं होगी कि धर्म की आड़ में ये लोग महिलाओं की अस्मिता पर प्रहार कर रहे हैं।
जीत सिंह सनवाल राजीव गांधी इन्स्टीट्यूट फॉर कान्टमपरेरी स्टडीज, नई दिल्ली,

Wednesday, February 18, 2015

Green Hunt in the forest villages of Bijapur district of Chhattisgarh.pudr fact finding report

Preface

Since June-July 2014, reports have been filtering in regarding the intensification of Operation

Green Hunt in the forest villages of Bijapur district of Chhattisgarh. Civil rights organizations

have been receiving requests to send teams in order to investigate what was happening on the

ground. To this end, PUDR conducted a fact-findingin the villages of Sarkeguda, Rajpeta,

Kottaguda, Pusbaka, Basaguda, Lingagiri, Korsaguda, Kottagudem and Timmapur villages in

UsurTehsil of Bijapur District from 26th to 31st December 2014. The attempt was to document

the principal concerns of the Adivasis and the reasons underlying these, by staying for a few

days in the villages.

This report adds to the existing documentation on state repression that PUDR has been

carrying out along with other civil rights organizations for over a decade in the Bastar region of

Chhattisgarh. However, unlike previous fact-finding reports which were incident specific, such

as the Sarkeguda killings of June 2012 by the CRPF, the scope of the present report allows

for a larger understanding of how repression has percolated and utterly changed the lives of

Adivasis. The information provided by the residents of the nine villages, the facts gathered and

the observations made in the course of the fact-finding confirm the insecurities and hardships

of daily life in the war-zone—the low key, but ever present forms of repression routinized by

the state through its forces and security camps. The urgency of this report lies in the fact that

there is a very real need to intervene and prevent the security camps from assuming a permanent

character in the villages of Bijapur.

Contents

Introduction: People, Land, Livelihoods in the Shadow of the Camps 3

Box: Iron Ore Mining in Bailadila

Table: Demographic Profile of Villages Visited

Box: The Salwa Judum

Chapter 1: Who Harasses the Adivasis and What Angers Them? 7

Box: Permanent Warrants

Box: Incidents of Violence by Security Forces in Bijapur

 (November 2012-December 2014)

Chapter 2: Some Aspects of Life in a War-Zone: Roads, Transports, Camps 18

Chapter 3: Lawless Force 22

Conclusion 26

Introduction: People, Land, Livelihoods in the Shadow of Camps

Situated in the southern-most part of Chhattisgarh, Bijapur is one of the 27 districts in the

state.The district was created on May 11, 2007, carved out of Dantewada, with a total area of

6562 sq. kms.The Bailadila mountain range lies at the border of Dantewada and Bijapur. Most

part of the state is hilly with Bailadila reaching 4000 feet in height. The hill resembles the hump

of an ox, thus the name Bailadila.

Eighty nine per cent of the 255,230 people of Bijapur, as per 2011 census, live in the district’s

741 villages. Density of population is 30 per sq km. Bijapur has a sex ratio of 984 females for

every 1000 males and a literacy rate of 41.58 per cent. The villages visited are predominately

inhabited by DorlaKoyas, Murias, Mahars, Telugu and, with a few Muslim families in Lingagiri

who were seen celebrating Tazia.

Bijapur district is rich in iron ore deposits with fourteen deposits having been identified by

National Mineral Development Corporation (NMDC).Although the two mining complexes of

Kirandul and Bacheli, and all the mining related operations, roads, pipelines etc.are in Dantewada

district. The villages on the other side of the mountain range – in Bijapur – get to bear the burden

of the water pollution due to mining, although technically, the mining lands are all in Dantewada.The

villages visited—Sarkeguda, Rajpeta, Kottaguda, Pusbaka, Basaguda, Lingagiri, Korsaguda,

Kottagudem and Timmapur—are in the vicinity of the iron-ore mines and deposits. They are

located in the same areas, on the other side of the hills.The police Thana under which these

villages fall is called Basaguda Thana, located in Hirapur on the river Talperu which is linked to

Basaguda by a bridge. The river goes on to merge with Godavari. Basaguda village is the last

halt for the bus. It also happens to be the place from where the journalist, Sai Reddy, hailed and

who was killed in 2013. (See PUDR press statement on the issue: www.pudr.org) Basaguda

was a bustling bazaar and a relatively prosperous village until 2005 when theSalwaJudum, (the

state sponsored vigilante initiative operational in Chhattisgarh between 2005 and 2008 – BOX )

wrecked havoc. Whereas prior to this, paddy was sown everywhere in the fields, they are now

a patchwork of mostly barren fields. On the banks of the river Talperu in Hirapur, there once

existed a Government rest house which has now been converted into a paramilitary camp for

the 168 battalion of the CRPF.

The last camp in this area is the Sarkeguda camp, an immense fortified structure where a

dense forest once stood, close to the Korsaguda pond which has great importance in a subsistence

economy with no irrigation. Villagers avoid going anywhere in the vicinity of the camp. When

returning from Korsaguda village on 29th December evening to Rajpeta village one was told that

the shortest routes ran close to the camp which is best avoided. Villagers say this is a camp with

no less than 3500 troops of CRPF and CoBRA. This could be an exaggeration, but it appears

very large, even from a distance.Patrols are carried out by several hundred troops in and around

the villages here, as well as deep inside the forest, from this camp.

Hills surround the area and are like a horseshoe with an opening towards the river and hills

all around although they are some distance away parted by a vast plain. Few generations of

Adivasis had transformed the dark forest into open fertile paddy fields. But clusters of woods

were present everywhere and forests surrounded the fields.Only one crop of paddy is raised,

fed by the monsoon rain. In December at the time of the visit it was the season of ‘Manjai’

(threshing). Signs of frenetic activity were visible in the paddy fields which had been harvested.

Once this is done a large number of Adivasi peasantry move to ‘Andhra’ to work on chilli farms

and earn Rs150 daily. They work for a month or two at best. Plucking of Mahua, followed by

plucking of Tendu leaf begins in March and ends by May. A bundle of 50 tendu leaves fetches

Rs 1.50. Each person on an average collects 6000-7000 bundles in a season. They sell it to

‘seths’ from ‘Andhra’ and Maharashtra. This is an important source of cash earnings.

Demographic Profile of Villages Visited

 Village Houses Population Sex Ratio Literacy Total Workers Main Workers Marginal Workers

Sarkeguda 41 145 790 0.8 99 40 59

Rajpeta 28 108 800 12.5 72 55 17

Kottaguda 79 311 981 19.3 183 100 83

Pusbaka 350 1533 1052 12.7 1045 6 1039

Timmapur 285 1522 927 22.5 873 119 754

Lingagiri 91 336 1100 36.8 248 3 245

Korsaguda 72 323 1153 11.6 216 0 216

Basaguda 61 285 516 79.04 185 116 69

Source : Census 2011; Note: Census details for Kottagudem village are not available

The nearest Primary Health Centre is in Basaguda. Apart from this the entire area is only covered by

the ‘Mitanins’. ‘Mitanin’ is one government health scheme which actually functions and it does so because

of the dedication of its practitioners, the Adivasi women. They provide basic health services by visiting

households, mostly on foot.Most of the Government schools that once did well are gradually being run down

through neglect and hundreds of children being amalgamated into schools cum hostels run for Adivasi

children, funded by the Central Government. Most teachers have not been regularized, and are ‘anudeshaks’

(temporary helpers) whose services can be terminated anytime.The school inBasaguda has 225 kids with

nine teachers and the Timmapur schoolhas 60 children and five teachers. However, the ashram schools

have hundreds of students and the one at Avapalli has as many as 500 children. For each child a central

grant of Rs.1000 per month is provided.

Officials at Bijapur, Sukma and Dantewada claimed that schools were not functioning due to their use

by security forces, or because they had been blasted by the SalwaJudum, or by the “andarwale”. The State

Government had, in response, started ‘temporary schools’ called Porta Cabin schools under the Sarva

ShikshaAbhiyan. First started as ‘bridge schools’, aimed at bringing in the children affected by the SalwaJudum,

now they have become ‘regular’ and do all the teaching. These schools had hired ‘anudeshaks’ not as

teachers but as helpers to bring in the students from remote areas. But as there was no real provision for

regular teachers, these ‘anudeshaks’ ended up teaching also, and became full time caregivers for the

students, although most of them are only 10th or 12th pass. Now in order to make these schools RTE

compliant, the regular teachers have to be brought in and these ‘anudeshaks’ are going to be let go – which

these people are fighting against.

The Salwa Judum launched in 2005, represents the watershed moment in the lives of the villagers

when things changed irrevocably for them. The effects of the Salwa Judumand its continuing follow up in

Operation Green Hunt from 2009 onwards shape their lives today. So though in January 2011, the Supreme

Court in Nandini Sundar and Ors. vs. State of Chhattisgarh, regarding the SalwaJudum, had ordered that

villagers be resettled in their villages, camps removed, schools and health centers occupied by the security

forces vacated, it was obvious from what was seen in the villages that there is no going back. The situation

on the ground is very different and much more complicated than what the Supreme Court envisaged.

Iron Ore Mining in Bailadila

The commercial discovery of Bailadila dates back to 1955-56 when Prof. Euemura of Japanese

Steel Mills Association, drew the attention of the Japanese Steel Mills to the richness of the vast

deposits of iron ore and its proximity to the eastern coast of India. An agreement was signed with

the Japanese Steel Mills in 1960. Granted approval in 1964 on the basis of an NMDC report, the

Mine Plan was inaugurated in 1968. A railway line was laid to connect Bailadila to Vishakhapatnam

for transporting iron ore to Vishakhapatnam and then to Japan.

Today, the same process is now being repeated. The Gujarat-based Ruia owned house of

Essar was given permission to set up a pipe-line to transport iron ore from Bailadila to

Vishakhapatnam in 2006.Essar has also received permission to use the water resources to pump

iron ore sludge directly from the mine to Vishakhapatnam.

In 2012 NMDC and Chhattisgarh Mining Development Corporation (CMDC) agreed to a

joint venture to set up an integrated steel plant at Nagarnar, 16 kms from Jagdalpur. The

Chhattisgarh government allotted a mine for captive purposes for up to 3 MTPA (Million Tons

Per Annum). In October 2014 a joint venture between NMDC-CMDC was given clearance to

divest 316 hectares of forest land for mining to produce one MTPA. Significantly, the open cast

mines of the NMDC have damaged the region. Not only are Shankani and Dankini the most

polluted rivers in India, the signs of environmental degradation are apparent everywhere.

The Salwa Judum

The truth about the Salwa Judum is available in The Union Ministry of Rural Development’s

draft report 'Committee on Agrarian Relations and Unfinished Tasks of Land Reforms'

(2009).The Report exposes the initiative by placing it in context:

“Most tribal areas in Central India are the abode to the naxalites, whose presence is a response

both to past and future land alienation, the failure of the government to live up to its constitutional

mandate and the withdrawal of the state from its responsibility to protect the tribal realm.”

And then the report says: “There was initial resistance (in 2000) to land acquisition and

displacement from the tribals. The state withdrew its plans under fierce resistance. An argument

put forward was ‘you don’t play foul with the Murias’, it’s a matter of life or death and Murias

don’t fear death. A new approach was necessary if the rich lodes of iron ore are to be mined.

The new approach came about with the Salwa Judum, (euphemistically meaning ‘peace

hunt’). Ironically the Salwa Judum was led by Mahendra Karma, elected on a Congress ticket

and the Leader of the Opposition and supported whole heartedly by the BJP led government.

Salwa Judum was headed and peopled by Murias, some of them erstwhile cadre and local

leaders of the Communist Party of India (Maoist). Behind them are the traders, contractors and

miners waiting for a successful result of their strategy. The first financiers of the Salwa Judum

were Tata and Essar in the quest for ‘peace’. The first onslaught of the Salwa Judum was on

Muria villagers who still owed allegiance to the Communist Party of India (Maoist). It turned out

to be an open war between brothers. 640 villages as per official statistics were laid bare, burnt to

the ground and emptied with the force of the gun and the blessings of the state 350,000 tribals,

half the total population of Dantewada district, are displaced, their womenfolk raped, their

daughters killed, and their youth maimed. Those who could not escape into the jungle were

herded together into refugee camps run and managed by the Salwa Judum....” (Italics ours)

The above only reaffirms what a joint fact-finding into the Salwa Judum, perhaps the earliest,

by a team of five civil rights organizations- PUDR, PUCL(Chhattisgarh), PUCL (Jharkhand),

APDR (West Bengal), Indian Association of Peoples Lawyers (IAPL) had exposed. The report

When the State Makes War on Its Own People concluded that the SalwaJudum launched in

2005 was designed to divide Adivasis and pit them against one another. The objective was to de-
populate the forest villages, collect Adivasis close to the roads and in relief camps, thus weakening

the Maoists and enabling opening up forest areas for mining.

In its 2011 judgment, the Supreme Court declared the Salwa Judum illegal and directed the

government to carry out investigations and take action in criminal allegations against all SPOs,

armed personnel and Maoists. By this time however the Judum had already served its purpose

.Ironically in the long run the significance of these judicial pronouncements has come to lie in

how lightly and with what arrogance they could be ignored. It’s a very telling comment on the

democratic avenues and their efficacy including judicial remedies available to the Adivasis.

Chapter 1

Who Harasses the Adivasis and What Angers Them?

Complaints that go Unheard

Sarkeguda is one of the seven villages where people who had been forced out by the Salwa

Judum, returned in 2009. Their return was entirely a civil society initiative to re-settle the displaced

back to their villages and rebuild their lives anew.

In early hours of 13th December, 2014 there was a landmine blast followed by a pressure

bomb exploding near the Sarkeguda camp which was set up after the massacre in 2012.One

CRPF personnel was killed in the blast. Two days later CoBRA units entered the surroundingvillages

in the morning where armed men entered homes and beat up the residents. While beating them

soldiers were heard shouting, "tum me se kisine bomb futuaahai” (who amongst you exploded

the bomb). One of the villagers said “aapke camp ke samne bomb futa hai, aapne kyon nahi

dekha karne wale ko. Gaon ke andar hoti to baat alag hoti” (the bomb exploded in front of

your camp, why did you not see who carried it out. If it had exploded inside the village it

would have been another issue).

According to the villagers, soldiers threatened that they had orders to kill five people. “No

one will come to your aid. Nothing will happen to us.” The soldiers left after picking up eleven

persons namely: Irpa Krishna, Irpa Baburao, Irpa Kanna, Irpa Nagesh f/o Irpa Kanna, Modim

Dinesh, Irpa Mahesh, Irpa Ganpat, Irpa Nagesh f/o Irpa Chandresh, Madkam Nagesh, Irpa

Lachha, Irpa Manoj. They were frog marched. While leaving, the unit warned that ‘if anything

happens to us we will deal with you appropriately and it will be your responsibility to see this does

not happen.’ On reaching the camp, the villagers were made to do ‘begar’(unpaid labour) for the

entire day, clearing shrubs from around the camp, perhaps as a way of ensuring that there were

no land mines in the camp area. When asked, if they had filed any complaints, the villagers

responded, “who shall we complain to?” They added that the Collector had once told them

that ‘he could not do anything unless they gave their complaint in writing’. He told them that if he

goes by what is said to him by the villagers and enquires from the police, the police say ‘why do

you side with the villagers when we have lost our man?’ Villagers said that they dare not

complain because ‘then the field forces take their anger out on us. They pick up anyone, torture

them, implicate them in false cases or demand money in return for their freedom, asking them

to provide them names and whereabouts of ‘andarwale’(i.e. ‘insiders’ – the name by which the

Maoists are called colloquially).’

The villagers complained that they get stopped by the forces on patrol who demand to know

‘where they are going, what is their work or who they are they going to meet.’ As part of

punishment, sometime they are made to sit from morning to evening; women are particularly

vulnerable as they not spared either. According to one of the villagers, a woman was once

detained at a camp and was made to prove that she was a lactating mother who had to rush

home to nurse her baby. Some of them wondered if they did the right thing by returning. If this

harassment continued should we leave our land again, they questioned.

When they still cultivate their fields they do so in patches close-by leaving large areas barren.

Basaguda, they said was once known for its paddy harvest even though it was rain fed with no

irrigation to boast of, but still earned them a fair amount until the SalwaJudum came. For

instance, Kamla, one of the respondents, said that her family was Patel of the village and held

pattas for 62 acres. Now they cultivate no more than 10-12 acres. This is the case with other

households too where not all the land is cultivated.

The forces constantly accuse them of being Naxalites. The villagers gave several examples,

such as: if they were digging a trench and a patrol happened to pass by, it was instantly assumed

that they were planting bombs. If they used any implements during work, however blunt, and a

patrol happened to pass by, they feared being accused of possessing weapons and being a

Naxalite. The villagers rued the fact that they could not roam freely, they could not carry their

traditional knives, bows and arrows or go with their axes into the forest as the forces consider

these illegal arms and use it as proof of them being ‘andarwale’.

Kaka Kanna said that when he was grazing cattle, in October, 2014, the patrol party summoned

him and demanded to know ‘who had dug this hole’. The soldiers were angry and one of them

said 'm.... c... tum bomb lagate ho aur gai charate ho; tum, m.... c... sab ek saman ho’. (You

m..... f..... plant bomb and go for grazing cattle. You m....f.....are all the same). He said school

kids are stopped and told ‘you work in evening for Naxalites and go to school in the morning. You

work as informers for 'them'.

The villages of Pusbaka and Kottagudem (visited on 28th December) are located inside

the forest. The hill road leads to Cherla and vehicles could ply back and forth on it until 2005.

After the SalwaJudum and now, ‘andarwale’, the roads are broken and motorbikes are used

here for transport. A young man,who offered a lift on his bike said that he was a temporary

teacher and was going to have his services terminated by April 2015. He earned Rs 6000. He

was at a loss as to what he should do. When asked ‘why were the serviceable road, such as this,

broken?’ he said ‘to prevent new camps from coming up inside’. Asked who was responsible

-was it the ‘andarwale’ or the villagers themselves, or was there a convergence of interests of

people and the CPI (Maoist) party, and was it therefore a shared venture?- he did not offer any

answer which would give much greater clarity, barring emphasizing that camps have created

insecurity.

Today, Pusbaka village has 150 households. Once it was a large prosperous village with

paddy and forest produce as a source of livelihood and a thriving bazaar. The village had electricity

until 2005 when the SalwaJudum hoodlums came and burnt the transformer and razed a school

the villagers were proud of. Children have now had to move to Ashram school- cum -hostel.

They said that in the past they even had cricket teams come in from as far as Avapalli to play and

then return in the evening without fear. Everything was destroyed by the SalwaJudum. And the

good times were gone. Will they ever re-live what they had before the SalwaJudum, they asked?

The villagers mentioned that although the incidence of stealing of rice, chicken, goats, etc.

had come down, but during Diwali this year, a unit came and each of the households was forced

to have one Special Police Officer (SPO) stay with them. They said that the unit stole their

chickens, goats, mahua. When the soldiers searched inside their homes they first ransacked the

earthen jars containing rice, as the soldiers believed that the money was stored inside these jars.

What some of the villagers also resented was the fact that when, perchance, they are paid for a

goat or chicken by the unit, then instead of getting the market price i.e. Rs. 8000 for a goat, they

get paid just Rs. 2000.

Villagers dare not go to their fields as they used to earlier. They preferred to work in fewer

of their fields and curtail their activities in the open. Fear has become part of their everyday

reality. Samaiya Barse narrated how he was intercepted by a patrol party one day when he was

at a pond catching fish. The soldiers asked him for his ID. He showed them his card and the

police took it with them and asked him to come the next day for it. He went the next day and was

told ‘Sir is busy come tomorrow’. The journey back and forth is 30 kms of walking. He feared

that he could be implicated in any incident, that the police could show that it had ‘found’ his ID at

the crime spot. He feared that if, in the meantime another passing patrol were to ask him for his

ID and he had none to show, he could get mired in an even deeper problem.

On account of these daily fears, paddy cultivation has fallen considerably. The villagers say

that they grow just enough for their own consumption. They are afraid to spend time outside

because if they come across a patrol they get invariably harassed. They apprehended that they

could be picked up, beaten and/or implicated in criminal cases. Men-folk in particular avoid going

to visit even Basaguda bazaar, because SPOs hover around, and on their signal anyone can get

picked up by the soldiers milling around for the mere reason of coming from Pusbaka, an alleged

Naxalite village. So their present offers them little comfort. And nor does the future. The Polavaram

dam, they said, threatens to submerge their village along with three hundred others. ‘What

would happen to us? Will we get land in lieu of what will be lost? Where will it be? What

will become of us?’ They were embittered about the fact that it was first the Judum that

uprooted them from their homes, and now a dam threatens much worse.

Kottagudem is a Muria village. Reaching Kottagudem village meant going through five

kms of forests. A delayed arrival meant that people had gone for threshing. In fact, more or less

everybody was out working in the fields. Once they returned, one by one people began turning

up for an impromptu meeting.Punem Suresh who studied till 8th in Avapallitold how, in October

2014, a 400 strong force led by a notorious SPO ‘Shankar’ of Polampalli and Tati Ramesh of

Murguda came to the village and beat the villagers injuring nine persons including 3 kids.

[According to news reports (Indian Express, Jan 2, 2015),Shankar @ KorsaJagaram, a

“topmost rebel” and Military Intelligence Chief of West Bastar Division, surrendered in

May 2013 and become “secret informer”in the Police Department. He was killed by the

Maoists on 1stJanuary in Kottapal.]

Other accounts of repression were shared such as those of Oyam Bhima and Dodi Lakmawho

were picked up in June 2013, tortured brutally and sent to Dantewada jail. While Bhima came

out in October 2014 Lakma is still inside the jail. He said that lawyers ask for “too much money.

Not less than thousand. And if there is a charge-sheet then for the trial they charge Rs 20,000 for

each case. Where will we get that kind of money?’ Generally they said there is more than one

case. Each case fee is different. Then there are expenses incurred for family to meet them

during each ‘peshi’ (hearing)’. In another incident, Dodi Aayatu was shot dead on 28thAugust

2014 when he was cutting bushes near the river. He has five children. Thana in-charge of

Basaguda assured Rs two lakhs as compensation. When the family visited him he told them to

invite some journalist to come and write about it if they wanted the money to be paid.The

villagers also said that in October 2014 one woman was raped. On that occasion too security

personnel took away ten chicken, ten eggs, plus robbing Rs 150 cash they found on a person they

accosted.

The villagers wanted to tell people outside Bijapur that they don’t want the camp. “Tell them

to stop patrols which harass us and are affecting us.” Asked if the road broken by the

Maoists had impacted them negatively, they said it had, but the insecurity bred by camps and

patrols was what they resent and fear the most. For the people of Pusbaka and Kottagudem,

while roads being broken have had the desired effect of impeding forces from entering the

forests and setting up camps, they also entails inconvenience. The road which once linked

Basaguda to Cherla still exists but travel is much more difficult. They still travel to Cherla from

Basaguda to work as wage labour on the chilli farms and sell mahua and tendu leaves. Trade is

still possible. But reduced economic activities since 2005 have diminished volume of tradable

goods, and people earn less money than before. The shops which had variety of goods earlier

had limited goods and quantities are less too.

In Pusbaka, during the evening meal villagers talked about the past and what it was like then,

how life was different then. The SalwaJudum emerged as a water-shed moment in their collective

life and marked a break between the past and the present. Many said that theJudum had come

from outside; it did not emerge from amongst them. It threw light on how the Judum would use

people from other areas to attack these villages. The villagers were displaced and had to run

away. On their return they were provided one solar lamp for each family/household, and that

was about all.

Lingagiri and Korsaguda: Korsaguda is deep in the forest & close to Bailadila hills.

Lingagiri is located below Korsaguda in the plains. On 29th December, two kms short of Rajpeta,

at Pechepara hamlet,villagers were waiting to give information regarding an incident which

happened that morning. One was told that a neighbor’s brother (‘bade pitaji ka beta’ or older

uncle’s son) had been picked up. Apparently, at 5 am the police came, entered the house of

Krishna, woke up every man, woman and child, and kept saying that they had warrant for Soyam

Potti and that they were searching for him. Some villagers followed the police to Basaguda to

protest the arrest of Soyam Potti. Vani Xaxa, a Phd scholar doing her field work also went to the

thana. Vani was told by the thana in-charge that they had not arrested anyone and that all they

wanted was to ‘invite’ Soyam Potti for tea and a chat. When she said that this was an odd way

of inviting someone for tea, by first barging into the house, rudely shaking everyone awake and

then leading Soyam Potti to thana as a suspect, the officer shrugged his shoulder. When asked if

there was any ‘permanent warrant ‘(see Box) against him, the thana- in-charge said there was

none. Soyam Potti was then released. But meanwhile two boys from Bilipara, Oyam Somlu s/o

of Pasndu age 45 and Puinam Chinoo s/o of Aaytu age 25 had been arrested and brought to the

police station. There were three cases each against the two.

Just near the entry path to Korsaguda, villagers reported that the police was on the road

searching for bombs. So the route had to be changed. The long detour delayed the journey to

Korsaguda village,and as a result, Lingagairi had to be visited first. Allegedly, twelve people had

been picked up from Lingagiri just a few days back.

The way to Lingagiri passes through barren fields and an half abandoned Mahar village of

Kumarpara. There were 30-35 people from Dolguda who had become SPOs in 2005 and their

families had moved out of the village since. Lingagiri too had been vacated due to theSalwaJudum.

People returned in 2009. At Lingagiri people were busy in threshing and loading paddy on tractor

driven carriers to take to the market. They said that their biggest worry at the moment was

people falling ill. Scores of people were stricken by fever and vomiting. They feared it could be

malaria. There was no doctor available and only Mitanin were there to provide some medicine.

When asked about the camp they said that it had made their lives more insecure. They were

convinced that the Sarkeguda camp had at least 3500 soldiers. Patrol was routine. Although

there was no recent incident of trouble the fact that soldiers were there meant that anything

could happen. When asked about the 12 people allegedly picked up and taken to the camp, they

said that actually only five persons were picked up to do begar in the camp. When inquired if

‘unpaid labour’ was a recurring phenomenon, they nodded.

35 year old Ghantal Raju was very bitter. His sister had been raped and murdered by soldiers

in December 2006. His father had been hacked to death by them. But his anger is directed

against those who encouraged the villagers to come and re-settle here and he too worked with

the civil society organizations to convince the villagers to return. He alleged that the organizations

which had facilitated their return and had promised to ensure their rehabilitation, had abandoned

them once the villagers returned. He said that he worked with the Vanvasi Chetna Ashram. He

was of the view that as people from outside did not stand by their assurance it is futile to carry on

resisting and standing up for one’s rights. “Look where it has got me. I am poorer than before.

If I had stayed back in ‘Andhra’ I would have earned more. I just feel they cheated us.”

When he spoke others silently nodded with him and did not even once contradict him even when

he said that all his stout protests proved useless because even people refused to stand up with

him. Now when he goes out of the village he faces taunts from CRPF soldiers. When he passes

by, they loudly comment for him to hear-“who ja raha hai Ghantal. Sala bahut baat karta hai.Abki

baar aisa maarenge sala dubara bhaag jayega” [there goes Ghantal. Bastard protests a lot. This

time we will beat him in such a way that he will run away once again].

His allegations could not be verified. It is also not clear if this view is shared by others as no

one said so openly. But in Lingagiri at least no one said any different either. It is however true

that people who returned to their villages fended by and large for themselves.

The next stop was Korsaguda which is a Muria village. This was the first village to be

attacked in 2005 and burnt down. Villagers fled inside the forest. They had taken shelter further

inside the forested hills. They were the first to return and resettle in 2009. Eighty out of the

earlier ninety households have built new homes closer to the hills. Troops do not enter as often as

they did in the past.

The villagers shared that earlier they were living near the ashram school in the village itself.

They said that other than the Murias they had different communities living amongst them, such

as Mahars or Telugus. They were all living there till the Judumcame. ‘They (SalwaJudum

hoodlums) came and burnt all our houses. It was only after the SalwaJudum that we all

moved further inside.’ They said that ‘today if any of the men go to the market in Basaguda,

they can be picked up. Then we have to approach the Patel or Sarpanch to free them from

the thana.’ Others pitched in and said they some had also gone to Andhra Pradesh out of fear of

the Judum but returned along with the other villagers (neighboring) when they returned. ‘When

we came back we found all our cattle had disappeared. So whenever we went to search

for our cattle, we would be beaten up by the CRPF.’ One old man was picked up by the Salwa

Judum and beaten up. When he returned he collapsed and died. ‘We did not know what to do, so

we kept quiet’, they said.

The villagers narrated how Kakem Munniwas shot dead while weeding the fields on November

18, 2012. She was dressed in shirt and pant, as Andhra women tend to do while working in the

fields. Her body was taken to the thana and later returned. The police arrested Hemla Bheema

from the same village and kept him in the lock-up for three days and beat him after hanging him

upside down. It was only after this that they arrested Hemla Chinnu and whose trial was currently

on in Dantewada.HemlaBheema said that ‘recently (on the 29th of December) they (CRPF)

had come for patrolling. They took away our (Tati Dasru’s, Tati Bamma’s and Padam

Sukku’s) knives which we use for collecting ‘tadi’. When we asked why our knives were

being taken away, they beat us.’ He continued, ‘when the CRPF/police come for patrolling

they take away our bows and arrows, axes, knives, and then we have to buy fresh pairs.

We cannot afford buying them all the time. Why should our necessary items be taken away

from us? The CRPF camp which is in Sarkeguda is on our patta land. Our pond which we

used for fishing is occupied by them. Our mango tree, tamarind trees ...all is theirs. If we

go there, they beat us. We want that the camp to be removed from here.’ The villagers

wanted wide circulation of the report of this fact-finding and were ready to come to Delhi if

invited.

Village Timmapur (visited on 30th December): Like everywhere else, threshing was going

on in Timmapur too. And schools were having half yearly exams. Timmapur village has six

‘paras’ and it is one of the few villages in this area from where people did not leave even during

the Salwa Judum days.When asked how come they escaped being displaced, the answer was

that the villagers decided that they will not vacate the village and they communicated it to the

SalwaJudum leaders that ‘come what may we are not moving out’. Their large numbers,

villagers believe, too could have helped them escape retribution.This was a village which had 360

households.

It was reported that 11 people had been made to surrender a couple of weeks before in

December 2014. Although the story about 11 surrenders from this village turned out not to be

true, it was learnt that five persons were arrested from Timmapur and sent to Dantewada

namely; Padam Sanu, s/o Padam Masa, Padam Lakhmu,s/o Padam Budhram, Awalam Mangu

s/o Awalam Lakhmu, Padam Jagdish s/o Padam Sentiya, and Oyam Mangu s/o Oyam Lakhmu.

The ubiquitous ‘permanent warrant’ was again mentioned. What were the charges against

them, under which sections of the IPC were they booked, and for what specific ‘crime’? None

of the villagers spoken to could answer this. Most of the people in Timmapur (or for that matter

in other villages too) were agitated over the threat posed by ‘warrants’, which they saw as

something meant to ensnare them.

One of the villagers, on assurance that his name would not be revealed, shared what he said

he learnt from people from Jedipara who came to inform him. Apparently, a fortnight earlier[mid-
December approximately], forces had entered Jedipara, a hamlet of Timmapur.The men folk

had run away leaving behind women, children and the aged. The women, he said had been

molested. His thin frame shook with anger when he narrated this. Shivering with rage he said

that they had ‘raped women’. He repeatedly used the phrase “kukarm kiya” (did bad things).

He kept saying that soldiers have been sent to ‘serve the people then why do they molest

women?’ He had himself witnessed how a woman with a baby was being taken to a ‘thana and

soldiers every now and then would touch her breasts and some poked their guns from

behind.’‘Instead of taking the women from the road leadingto the Timmapur camp, they

were taken through the forest road. What was the purpose of this?’ He said that post the

Sarkeguda massacre, the visits by reporters and human right groups did provide them with some

relief. And if such groups and individuals had not come, their situation would have been much

worse. ‘People fear soldiers and soldiers suspect villagers’, he said. He himself was picked

up in October2014 when a bomb exploded on the road that was being built near Timmapur.

When he remonstrated with the soldiers ‘why would we plant a bomb virtually in front of our

houses’, he was told to shut up. He was convinced that ‘this silsila(such conditions) will

continue.’ He did not foresee any end to this very soon. Apparently one time people were asked

to come to the camp to collect clothes and utensils. When they went, instead of getting utensils

and clothes, fourteen persons were picked up, of whom nine were released later while five were

arrested. (Named above) ‘What does this show’, he asked rhetorically?’That they lure people

and then arrest them’.

He questioned that since Maoists are ‘terrorists’, then why did the Government enlist

‘Sangham’ members and Maoists as SPOs? He said how easy it is for the ‘fauj’ (military) to kill

someone and dress him/ her in uniform and say they killed a Naxalite. He was worried if his

name is leaked, he would have to face ‘danger’ from the ‘fauj’ and the police.

 “Permanent Warrants”

1. The FIRs are mainly against “unknown Naxalites”- or a few named people and 50-200 unknown

others. Many times, the names in the FIR, if any, will be common village names such as Hidma, Ayatu,

Manglu etc. with no other identifying characteristics (father’s name unknown and village name unknown).

2. When the police investigate the complaint, they usually arrest a few people - 3-5 people in connection

with it, but in the chargesheets which they submit to the court, they list 15-35 people as accused -- the

remaining people not arrested are simply listed as “absconding”. Consequently, the number of so-called

“absconders” in this region is extremely high. It is estimated that every male resident in certain targeted

villages (and some important women) between the ages of 15 to 45 is listed in some chargesheet or another

as an “absconde.” Many are listed as “absconding” in multiple chargesheets.

3. These people are not really absconding - but they are simply not arrested by the police, and most of them

have no idea that they have been listed as an “absconder” in a particular chargesheet. However, after the

charge-sheet is submitted to the court, while committing the case for trial, the court issues permanent warrants

against all “absconders”. These warrants are with the police, basically authorizing them to arrest the accused

person immediately. They are usually executed at the will of the police and act as swords hanging over the heads

of villagers. This is how SoniSori had 6 outstanding warrants against her when she was arrested in the Essar case

even though she was a warden in a government run ashram school all this while. And her husband, Anil Futane,

had 4 outstanding warrants and her nephew, Lingaram Kodopi, had two warrants at the time of his arrest. In the

Sarkeguda massacre, when the CRPF shot dead 17 people including seven juveniles, they could immediately claim

that the dead were naxalites by producing outstanding permanent warrants against them, dating back several years.

4. The chargesheet presented before the court makes for hilarious reading. Technically for each person

against whom there is a permanent warrant, there should be a panchnama by the patwarisaying that this person

is “absconding” and his movable and immovable property has been/will be attached.Alleged eye witness

accounts used by the police state: “on seeing police, Maoists ran calling out to each other by names—‘run

Nagesh’/ ‘run Ayatu’" etc. In many cases this is the only evidence in the chargesheet against the said Nagesh

or Aayatu, on the basis of which arrest is made/ or permanent warrant issued.

5. With the return of S R Kalluri, as the IG (Bastar) there is a concerted move now to arrest people against

whom there are outstanding warrants. This is how people are being “surrendered” - all those who have

been living peacefully in their villages and who are well-known to the police are being told that the police

have a warrant against them, and either they surrender or they get arrested and face jail time. Now with

“surrenders” being questioned, the police are simply arresting people with permanent warrants against them.

These permanent warrants are also used for extortion by the police.

6. On 29th December 2014, the Bijapur police did a massive “clean-up” operation and in one day

arrested 32 people against whom there were these outstanding warrants from years ago Nai Dunia and

Jagaran of 31st December carried the news item. Where as Hitavad of 31st December published a separate

news item stating that five Maoists, including two women carrying reward of Rs two lakhs, surrendered.

The names of the two women are identical. One is Gattapalli Kutaru r/o Mitaki Modiyam and the other

Gattapalli Kutaru r/o Somali village. There was said to be a child Sannu Kudiyam with them, allegedly a Bal

Sangham member. All of them were given “encouragement” amount of Rs 5000 by the state government.

Incidents of Violation by Security Forces in Bijapur District (Nov 2012-Dec 2014)

Note: unless otherwise indicated, information is based on village accounts and the list does not

claim to be comprehensive. * Denotes other sources which are indicated below.

1. Korsaguda:, 18 Nov. 2012. A girl, Kakem Munni was shot and killed in the fields. Her

body was taken to the thana. Police arrested HemlaBheema, in connection with the case. He

was tortured in jail for 3 days. Later released. Another man, Hemla Chinnu was arrested.

Trial was going on in Dantewada.

2.* Pidiya and Dodi Tumnar:21-23 Jan. 2013. Detail: The police and the paramilitary CRPF,

STF, CAF, Cobra forces attacked Pidiya village near Gangalur, and Dodi Tumnar village in

Bijapur district and resorted to huge destruction. In Pidiya they barged into the homes, looted

them and later razed down twenty homes. In Dodi Tumnar security Forces razed down an

Ashram School run by the Krantikari Janatana Sarkar for both boys and girls.

3.* Korseli: 24-25 Feb. 2013. Paramilitary forces, Chhattisgarh police and STF attacked Korseli

village (Gangalur area, Bijapur district). Caught Comrade Salim (Sammi Reddy) who was leading

an ordinary life and shot him dead near Avunar village the next day.

4.* Kanchal: 9 March 2013. A woman Kunjam Deve died in firing by AP Grey Hounds near

Kanchal village (Usur Tehsil) and one woman was injured. The attack occurred when they

came to take water from a water body. Later they took the dead body of Deve and the injured

woman in a helicopter, put uniforms on them and declared them naxalites.

5 *Edesmeta: 17 May 2013. CRPF soldiers killed 8 adivasis, among them 4 minors. 4 more

were injured.

6. Kottagudem: June 2013. Oyam Bhima and Dodi Lakma picked up and tortured brutally by

forces. Sent to Dantewada jail. Bhima came out in October 2014. Lakma is still inside.

7. Kottagudem: 28 Aug, 2014. Dodi Aayatu shot dead. Promise of two lakh in compensation

by Thana-in-charge of Basguda was not met.

8.Kottagudem: October 2014. A 400 strong force led by SPO ‘Shankar’ of Polampalli and

Tati Ramesh of Murguda came to the village and beat the villagers injuring nine persons including

3 kids.

9. Kottagudem: October 2014. One woman was raped. Additional details not available.

10. Pusbaka: October 2014. Theft, looting, wanton destruction by SPOs. Stealing chickens,

grain, breaking vessels, forced entry, forcing villagers to have one SPO stay at each house

around Diwali.

11* ChhoteTongpal: 26 Nov. 2014. Villagers beaten by police. Many sustained fractures. 26

villagers picked up but 15 arrested. Though villagers tried to get FIR registered against police,

they refused.

12.Sarkeguda: 15 Dec. 2014. Irpa Krishna, Irpa Baburao, Irpa Kanna, Irpa Nagesh f/o Irpa

Kanna, Modim Dinesh, Irpa Mahesh, Irpa Ganpat, Irpa Nagesh f/o Irpa C Handresh, Madkam

Nagesh, Irpa Lachha, Irpa Manoj were frog marched to camp by COBRA units. They were

also threatened. In the camp they were forced to clear shrubs.

13. Jedipara, near Timmapur: 15 Dec .2014. Security forces raped women. Additional details

not available.

14. * ChhoteTongpal: 20 Dec. 2014. Village ex-sarpanch Mukka Kawasi arrested on 20

December 2014 for speaking to media on fake surrenders and failure to register FIRs.

15.Pechepara near Rajpeta: 29 Dec. 2014. At 5 am the police entered the house of Krishna,

stated that they had warrant for Soyam Potti and were searching for him. Soyam Potti released

later following intervention by village members.

16.* Basaguda Thana Area: 29 Dec. 2014. Police arrested 32 people belonging to many

villages under Basaguda Thana, alleging they were naxalites. All of them had outstanding/

permanent warrants from years ago.

17. Korsaguda: 29 Dec. 2014. CRPF soldiers seize knives used for collecting ‘tadi’. On asking

reason for confiscation, the villagers are beaten up.

18.Timmapur: Dec. 2014. Five persons arrested; Padam Sanu, s/o Padam Masa, Padam

Lakhmu, s/o Padam Budhram, Awalam Mangu s/o Awalam Lakhmu, Padam Jagdish s/o Padam

Sentiya, and Oyam Mangu s/o OyamLakhmu. All sent to Dantewada prison. Nature of crime,

charges etc. not known to anyone. Fear of ‘permanent warrants’ among villagers.

19.Billipara: Dec. 2014. Two boys Oyam Somlu s/o of Pasndu, age 45, and Puinam Chinu s/o

Aaytu, age 25, arrested and brought to the police station. Three cases each against the two.

20. Lingagiri: Dec. 2014. Five persons picked up to do ‘begar’ in the camp.

Sources: Anil Mishra, “Another Volley of Bullets for Bastar’sTribals”: http://www.tehelka.com/

another-volley-of-bullets-for-bastars-tribals/;Bela Bhatia, “Police Complaint to In-Charge, Gangalur PS,

Regarding Burning of Houses and Destruction of Households in Pidia Village: http://sanhati.com/

articles/6101/; DSU (Democratic Students’ Union), “Chhattisgarh—Preliminary Report on the Fact

Finding in Bijapur”:http://sanhati.com/articles/6231/; Suvojit Bagchi, “In South Bastar, grim battles on

to retake Maoist bases :http:// www.thehindu.com/todays-paper/tp-national/in-south-bastar-grim-
battles-on-to-retake-maoist-bases /article4734555.ece; Press Releases of CPI (Maoist) (http://

www.bannedthought.net/India/ CPI-Maoist Docs/#2013); Supriya Sharma, “An Ill Sowing

Festival”:http://www.outlookindia.com/printarticle.aspx?285796and, “Villagers Dispute Claims of

Andhra Police in Chhattisgarh Encounter”: http://timesofindia.indiatimes.com/india/Villagers-dispute-
claims-of-Andhra-police-in-Chhattisgarh-encounter/articleshow/19002528.c; See also: http://

khabar.ndtv.com/video/show/news/bastar-tribals-forced-to-surrender-348926; and, http://

naidunia.jagran.com/search/bijapur-

Chapter 2

Some Aspects of Life in a War-Zone: Roads, Transport, Camps

Truth is the first casualty of war. And denial of presence of armed conflict an act of deceit.

The Government knows Bastar is a war-zone. The two military forces here, state and non-state,

the government and the PLGA (People’s Liberation Guerrilla Army), wear uniforms meant to

distinguish them from civilians whenever an encounter takes place. Article 48 of the Additional

Protocol I to the Geneva Convention explicitly defines the principle of distinction on which the

laws of war rest:

“In order to ensure respect for and protection of the civilian population and civilian

objects, the Parties to a conflict are required at all times to distinguish between the civilian

population and combatants and between civilian objects and military objectives and

accordingly must conduct their operations only against military objectives”.

However in its words and its actions, as reported by the Adivasis, the ‘armed forces of the

Union’ ignore that Bastar is a war-zone. They routinely violate the fundamental principles of

distinction mentioned above, in multiple ways; for example, 'proving' that ordinary civilians were

Maoists simply by clothing their deceased bodies in the uniforms worn by PLGA cadres.

Road Barriers / Check-posts: The entire strategy of area domination is premised on the

idea of saturating an area with massive troop deployment. Thus, military domination by setting up

new camps and anincrease in company and battalion strength, is one part of it; the other being

regular patrolling inside the forests either daily or periodically in the area considered the ‘red

zone’ in military parlance. Camps are present on the highways as well as close to forest villages

inside. Between Bijapur and Basaguda, a distance of 50 kms, there are seven camps with one

inside in Sarkeguda. There are a number of police stations in this block.Troops are armed and

they control the traffic on the road through their military check-posts/barriers outside their camps.

Traffic does not move without road opening exercise by the CRPF every morning. Only three

buses ply between Bijapur and Basaguda and the buses leaves between seven and then nine in

the morning and the last bus leaves at 3 pm. The many check-posts on the road from Bijapur to

Basaguda reduce movement. The soldiers can demand to know from travelers their identity,

where one is headed, the purpose, or person they are going to meet...and detain for hours

anyone travelling on the road. This does not seem to Adivasis to be anything remotely meant to

‘protect’ them. When asked about their views on road building activity, the villagers’ responses

showed that they were against it if it meant bringing in more troops and setting up of more

camps.

Roads...To Where and For Whom:Additional DG of Chhattisgarh Police, RK Vij, wrote

in the Indian Express on December 6th, 2014 that “(m)any more camps are needed to move into

such vacuums and restrict Maoist movement. The setting up of mobile towers over the next year

may improve telecom connectivity around the security camps but the construction of roads

remains a major challenge. Approach roads to security camps are essential to maintain their

supply lines and meet other administrative needs.”

The use of roads and securing them to protect supply lines of the military forces on the

ground shows clearly what is guiding road building operations. Bringing more troops and setting

up of new camps is on the anvil; for which securing the ‘supply lines’ is a very important exercise.

Building roads acquires even more strategic importance in the context ofincreased military presence

towards area domination. The presence of large number of troops along with barriers on them makes

roads more insecure.There are several more on the road from Bijapur to Basaguda. This reduces

movement on the road. Travel on roads has become that much more risky and far less smooth.

Military Personnel Travelling in Civilian Vehicles: Government forces travelling in

civilian buses bearing arms are an everyday affair in these parts. This is in clear defiance of

what constitutes basic dos and don’ts during armed conflict. Article 8 of the Rome Statute of the

International Criminal Code defines War Crimes. Its clause (2)sub clause(e) “applies to armed

conflicts that take place in the territory of a State when there is protracted armed conflict

between governmental authorities and organized armed groups or between such groups.”(See

clause f). Clause 2 Sub clause(e) (i) outlaws “intentionally directing attacks against the civilian

populations as such or against individual civilians not taking direct part in hostilities.” Clause 2(c)

which applies to ‘armed conflicts not of an international character’outlaws the following acts

committed against persons taking no active part in the hostilities: (i) Violence to life and person, in

particular murder of all kinds, mutilation, cruel treatment and torture; (ii) Committing outrages upon

personal dignity, in particular humiliating and degradingtreatment; (iii) Taking of hostages.

The same Article 8 through its clause (2) sub clause(b) (xxiii) outlaws ‘Utilizing the presence

of a civilian or other protected person to render certain points, areas or military forces immune

from military operations’. It thus clearlyconsiders use of civilians as human shields a war crime.

(While it may be argued that strictly as per the letter of the law, Article 8 clause 2 sub clause b)

is about international conflicts, it is but logical that this apply to internal armed conflicts as well).This

‘war crime’ gets committed every day for Adivasis travelling between Basaguda and Bijapur,

when armed personnel board their buses.

It may well be argued that India is not covered by ICC, since it is not a signatory to it. But

ICC encapsulates into law the dos and don’ts of war which flow from Geneva Convention and

Protocols, to which India is a signatory too.Even if India claims not to be covered by ICC or

willingly goes against Geneva Convention and Protocols, surely common sense should guide

us. Having deployed masses of troops and military among civilians, it is the obligation of the

Government to ensure that the forces do not put civilians at risk. The responsibility to provide

its personnel adequate transport lies with the government. If it cannot ensure transportation

for their troops, the Government has no business putting them there in the first place. They

most certainly cannot be allowed to travel in civilian buses bearing arms using civilians as

‘human shields’ or use them virtually as ‘hostages’ for the duration of their travel to ensure

their own safety.The fact that not all the security personnel are in uniform but in ‘civvies’,

compounds the crime.

By travelling on civilian buses armed soldiers are not protecting civilians but are ironically

using them to protect themselves from coming under attack. All the buses plying between

Basaguda and Bijapur have soldiers travelling in them. Civilian transport provides multiple

safeguards for the security forces as a) their own official vehicles are military targets and

therefore better avoided, even when available; b)the Maoists in general do not target civilian

buses;c) in case of an ambush, they can use the civilians as hostages.But the soldiers’ presence

increases the chances of the buses being attacked. The civilian passengers don’t have a choice

in the matter having no alternative transport.Placing civilians ata grave risk for their own protection

is a cowardly act. One committed every day hereabouts.

In all incidents where Maoists have targeted passenger buses being used by soldiers, it has

been admitted by senior police officers that there is Standard Operating Procedure (SOP) which

forbids their personnel from travelling on civilian vehicles. The standard response is thus to shift

the blame onto individual personnel for violating the SOP. However, the real reason behind such

SOPs is to prevent information being leaked to ‘rebels’. It does not emanate from ensuring that

civilians are not put at risk. Or,that soldiers should not use civilians to protect themselves.These

are clear instances of civilians being used as ‘human shields’, or as hostages, which are outlawed

by rules which govern prosecution of wars. The government’s lack of seriousness on the issue of

civilians’ safety is apparent from the routine presence of security personnel travelling in buses.

All the buses between Bijapur and Basaguda have soldiers travelling in them. The 7 o' clock bus

on 30th December was more than half filled with armed soldiers. The other half comprised

babies, children, women, men young and aged, policemen with two villagers picked up from

Billipara on 29th December and police personnel accompanying them with arms. There is an

irony, therefore, about road building in these parts. Rather than improving mobility and

communication for villagers, the presence of large number of troops along with barriers on the

roads, make travel much more risky and far less smooth.

Overwhelming Opposition to Camps: When asked whether they feared the ‘anderwale’,

i.e. the Maoists, the villagers responded by saying that the andarwale didn’t beat, kill, rape or

molest women, or steal from them. Beyond that they were unwilling to speak. But the villagers

said that these very same soldiers are scared of ‘andarwale’ as they strongly resist and target

the military’s road building efforts. The recurrent incidence of bombs exploding or being found,

followed by crackdown on the villagers is not the gravest challenge to deal with as the biggest

problem for the villagers is the continuance of the camps. It was, in fact, said by some that

camps and road building had triggered the bomb explosions. There is no doubt that removal of

camps was a popular and shared demand. The everyday fear of harassment weighs heavily on

them. The hatred of the forces was palpable among those spoken with, both in their agitated tone

and words. The rage at not being allowed to move around as they once used to, to carry their

traditional weapons and use implements of work, the decline in agricultural activities, the beatings,

sexual violence, forcible entry into homes, looting,and the wanton destruction by the forces and

insecurity about future, was palpable. Some even asked if they did right by returning to their

villages, and if they ought to leave?

The villagers see the camps as the source of their troubles. Initially trouble meant the

SalwaJudum, now trouble comes in the form of setting up camps as part of area domination

strategy of the military forces, which includes roads being built and guarded by the forces. Many

villagers wondered whether the government actually wanted them to be out. They wondered if

it was part of some design to force people out, not as done through the SalwaJudum earlier, but

through a mix of periodic killings and harassment on a routine basis. KamleshJhadi, member of

the Communist Party of India from Bijpaur, reiterated his demand, in line with the demands of his

party comrades, of the removal of all military camps from Bastar. Throughout the entire fact-
finding one could not find any single instance of support for the CRPF, Chhattisgarh Armed

Forces or CoBRA. Indeed, watching the patrolling soldiers armed with their weapons and guard

dogs against the disarmed Adivasis' leave an indelible image—of cocky soldiers lauding over civilians.

Special Police Officers/SPOs: Significantly, although SPOs are detested, there is also sympathy

for them. As Adivasi youth, including some surrendered Maoists, the SPOs were earlier referred to as

Koya Commandos by the army. Post the 2011 judgement by the Supreme Court which ordered their

immediate disbanding and disarmament, they continue to operate, albeit, ‘legitimately’, as the Chhattisgarh

government has officially inducted them into the constabulary as an ‘auxiliary force’. Many villagers said

that the SPOs too are Adivasis and it is the Judum which has effectively pitted them against each other.

The villagers see in the Salwa Judum a cataclysmic event which has devastated them most. The SPOs

are a part of that process of devastation as they oppress the villagers and enjoy the immunities available

to soldiers and jawans. At the same time, the villagers pointed out, the SPOs are compelled to carry out

onerous tasks and are used as ‘coolies’ by the soldiers. They run errands for police officers and military

commanders. And even the jawans of the para military force order them around. It seems that ‘graded

inequality’ is deeply embedded within the military even while the SPOs play a significant role in assisting

the troops in the present interface between the camps and villagers.

Chapter 3

The Lawless Force

The villagers are angry and they want to tell what angers them. Throughout the fact-finding,

people came to the impromptu meetings in order to tell their side of the story. Of course, a limited

fact-finding which is forever constrained by the constraints of time can hardly do justice to the

problems raised. Paucity of time coupled with the problem of distances between villages imposes

certain structural restrictions, endemic to fact-findings, on these meetings. As a result, the

discussions were mainly directed towards understanding the immediate concerns, and inquiries

into some disturbing matters, such as those of sexual assault which require greater time, could

not be completed. Despite these limitations, it was clear that there was another, more obvious

reason for their inhibition and reluctance from sharing easily: the fear of retribution from the

police for speaking. This fear is entrenched as the shadows of the camps and those of the

patrolling personnel have fettered their lives.

ChhoteTongpal is one of the villages where the villagers were beaten up on 26th November

2014 and, where 26 young men were also picked up out of which 15 were then arrested.Mukka

Kawasithe, ex-Sarpanch of ChhoteTongpal, was also arrested. Mukka’s crime was to appear in

an NDTV interview, to speak on forced surrenders of innocent villagers by the police and,how

the villagers have been trying toget an FIR registered against the forces for beating them. In this

latter case, the court, on 18th December, ordered the police station to submit their report in the

next hearing. Mukka’s interview was aired on 19th December 2014 (http://khabar.ndtv.com/

video/show/news/bastar-tribals-forced-to-surrender-348926) and he was picked up around 1

p.m. from Kukanar bazaar (haat) the very next day. The news channel also carried the news of

his arrest but naively suggested that the arrest had nothing to do with the interview! (http://

khabar.ndtv.com/news/india/sukma-tribesman-who-talked-to-ndtv-india-detained-715600)

At the same time, when the villagers of ChhoteTongpal who were beaten up on the 26th of

November tried to register the FIR against the police the next day, the police refused. The

Superintendent of Police assured them that he would register the FIR after an “inquiry” was

conducted, but till date, no FIR has been registered. Shockingly, the MLCs from district government

hospitals in Sukma and Jagdalpur confirm that some villagers had sustained fractures, making it a

cognizable offence – in which case it is mandatory for the police to immediately register an FIR.

Even the CJM of Sukma, after being presented with an application u/s 156 (3) of Cr.PC on

18.12.2014 seeking the registration of an FIR has merely asked the police to expedite the inquiry

and not asked them to register the FIR (http://www.thehindu.com/news/national/other-states/police-
went-on-the-rampage-in-chhattisgarh-villages-say-residents/article6670955.ece). Getting an FIR

registered has thus become a difficult task as only a court can order the police to do so and they

take a very long time indeed to do so. So although the Collector has asked people to write to him

with their complaint, villagers are not sure it will get anywhere. Importantly, till date the commission

of inquiry constituted by the State Government after the Sarkeguda massacre has not concluded its

work and, even if they do there is no way of knowing what will become of the demand for bringing

the perpetrators to justice.

Arrests and Cases: While there’s been nothing to show that the state is serious in controlling

its personnel from committing everyday crimes in the area, there’s a continuous spate of arrests

and filing of cases against the villagers. The apprehensions of the villagers are corroborated by

the Report of the High Level Committee headed by Virginius Xaxa, constituted by the

Ministry of Tribal Affairs and submitted to the government in May 2014. On pg. 356, the Committee

notes that:

“ A large number of tribals are languishing in jails for long years without their trial

concluding.....Here too, after the first FIR lodged against them , there would be further

FIRs filed over a period of time implicating them (tribals) in various episodes of violence.

Persons charged with naxal offences find it extremely difficult to get bail, so end up spending

long years in jail. Trials do not conclude in many cases because official witnesses were

absent. This may happen because a member of paramilitary force cited as prosecution

witness had been repatriated with his unit and was no longer in the state.....The committee

also met with criminal lawyers...(who) assessed that over 95 per cent of the cases were

baseless... In reply to an RTI application, the court registers for all cases disposed of,

between 2005 and2012, revealed that average rate of acquittal over these years was 95.7

per cent.”

Not surprisingly, the fear of arrest is a very real one for the Adivasis. Apart from the fear of

being locked up for years in jail, the exorbitant legal fees (reportedly, Rs 20,000 for each case),

the expensesincurred in making court related trips to Dantewada and, the sheer wait for trials to

commence and end—such a process can easily exhaust and deprive families of their resources

and energy. These fears are compounded by the fact that there is hardly any possibility of ever

filing cases against the paramilitary. As the villagers argue, the police and military (“fauj”) use

‘warrants’ to threaten them into silence, if not submission.

Permanent Warrants:In such a scenario, the use of ‘permanent warrants’ becomes an

issue of grave concern for the Adivasis. How many such ‘Permanent Warrants’ are there in

Bastar? One was informed that there are at least 22,000 such warrants issued in the period,

2000—2014. How many of these are issued by the court? How many people are named in

chargesheets/challans? The villagers said that there were from 50-200Adivasis named per

warrantissued by the police. These warrants do not include details such as the father’s name or

the name of the village of those named. In several instances, the warrants were issued against

unnamed people. All of them have been declared ‘absconders’. In other words, it means that

there are roughly 1.1 million to 4.4 million ‘absconders’ in Bastar as per the police record!

A closer examination of the problem reveals the sheer enormity of the prevailing situation.

For instance, in Bijapur district alone there are 1000 such warrants. The number of ‘absconders’

in Bijapur could be anywhere between 50,000 to 200, 000, for a total population of 255,230!Even

if there are multiple warrants against one person, named or unnamed, the sheer scale of

‘absconding’Adivasis reveals that an entire people have been turned into accused. It is another

way of saying that the government has declared war against millions of our own people and, the

sordid reality is that the war against the Maoists is a war being prosecuted against the Adivasis.

Impunity: The situation raises a serious question, whether the government forces have

been given a carte blanche from their seniors, or do they work on orders from political authorities?

Refusing to even register an FIR constitutes a clear violation of the Supreme Court’s guidelines

as laid down in Lalita Kumari vs. Govt. of UP, 2013 where the apex court held that registration

of FIRs is mandatory for any cognizable offence, under section 154, Cr.PC. But here in Bastar,

there is no effort on the part of senior officers to ensure that these guidelines are followed. All in

all, this sends a clear message to the field troops that they are allowed to operate asa law unto

themselves. Is this not what the Union government intended when its Home Minister, Rajnath

Singh, stated at the 33rd symposium of police training institution in Jaipur on 3rd September, 2014

that, “As Uttar Pradesh Chief Minister, I had assured police force of full freedom from hassle

of human rights commission while dealing with Maoists”?In the same symposium, Singh assured

the present police chiefs that under his stewardship in UP, his men in uniform were exempt from

worries of human rights violations and commissions of inquiry: “I told them that they need not

worry about the commission as I was there to face its ire,”

The villagers point out that soldiers consider them to be either Maoists or Maoist supporters.

If any incident occurs, the villagers bear the brunt of soldiers’ anger. The common arguments

that it is the Maoists who compel them to put their lives at risk, or that, ‘both sides’ should desist,

fails to impress them. Their answers repeatedly return to how their security and safety was

threatened by the camps and that such things did not happen before the Salwa Judum when

there were no camps. When asked if it meant that since theSalwa Judumthese camps have

come up and thatis the root cause, they concurred. Even if massacres have not recurred, the fact

they took place in the immediate past is a reminder of what can happen to them. If the Sarkeguda

massacre shook them in 2012, then Edasmeta killings in Bijapur district where 8 villagers including

three children were shot dead on 17th May 2013 reminded them of what the forces were capable

of doing. Killing of Adivasis every now and then, arrests and incidence of harassment and

threats are routine. Stealing few hundred or thousand rupees may appear inconsequential to

many outsiders. But when it is placed against the cash earnings of Adivasis,who make, at most,

Rs 15-20,000 per annum from working on chilli farms or from sale of minor forest produce, then

the loss can be placed in a perspective and its relative immensity for Adivasisbe fathomed.Since

the Adivasis can be picked up any time, the fear of detention is coupled with the humiliation of

‘begar’. The point about the camps is not restricted to the problem of probable arrests and

forced detention; it is equally about normalizing reprehensible feudal attitudes in the name of

defeating Maoism. Thus, these camps have shaken the villagers’ confidence and increased their

insecurities as they are subjected to the “period and daily” harassments and humiliations, along

with incarceration and mounting legal expenses. All of this strengthens their resolve to demand

the removal of the camps.

Militarization, Mining, Environment and Health: A decline of agriculture, declining

quality of water and water bodies, thinning of forest cover in the region, are all visible to the

naked eye. Could there then be a causal link between iron ore mining in Bailadila and degradation

of the surrounding area and its flora, fauna, human settlements? Could the illness people spoke

of, high fever, nausea and retching, be related towater contamination in these parts? In a recent

study [“Environmental Impact due to iron ore mining in Chhattisgarh”, Recent Research in

Science and Technology, 2014, 6 (1): 27-29], Bhumika Das suggests that mining has an adverse

impact on surrounding environment, including surfaces and ground water. Besides chemicals

used for mining, the runoffs from rock debris and the dumping of the runoffs in surface waters,

all increase the possibility of water and soil contamination. Das particularly draws attention to

how the method of open cast mining which uses heavy machinery to extract the iron ore from

‘open pits’ has an immediate, adverse impact on the environment. The demonstrable evidence of

the contaminated rivers, Shankhini and Dankini, are living proofs of such damage having already

occurred.

It is no secret that the policy of attracting and securing FDI in mining is one of the major

motives behind Operation Green Hunt. Apart from the difficulties brought by Operation Green

Hunt and the war against the Maoists, the acceleration of ironore mining threatens to bring an

augmentation in the environmental pollution and in the destruction of the self-sustaining economy

of the Adivasis. A sharper understanding of this problem emerges when one bears in mind the

studied indifference of the Central and state governments towards these problems and in

theiractive continuance of the discredited policy of unbridled exploitation of mineral resources.

The Adivasis who have been and are actively kept out of having a say in their future, are left to

suffer the fruits of such‘development’.

Conclusion

Counter-insurgency is meant to target those very people whom the forces are also said to

‘protect’ or win over. In other words, since the Adivasis are suspected to be hand in glove with the

Maoists, therefore, every time a bomb blasts causes casualty, soldiers attack the villagers. The

irony lies in the fact that the troops are stationed there in order to ‘protect’ the Adivasis! Quite

clearly, the idea is to erode the Adivasi will in resisting the state and in compelling them to be

receptive towardsofficial overtures. In such a situation, where officially it is deniedthat Bastaris a

war-zone, the rule of law also does not prevail. This makes for a ‘kafkaesque’ situation, where the

full might of law targets Adivasis and the executive protects the soldiers by ensuring that sanction

is not given for prosecution of soldiers and officers for war crimes committed in ‘line of duty’.

Consequently, the standard rules of engagement are never adhered to because the situation of war

is never admitted to. It needs to be noted that while the soldiers are all armed, the Adivasis are

prevented from bearing their traditional arms such as bow and arrow in Schedule areas. Such

military diktats which turns a constitutional right into a criminal act-is only possible in a war-zone.

The truth that in a war-zone the military calls the shots has now been sanctified. The Integrated

Action Plan (IAP) was conceived by the Planning Commission under UPA II Government as a

way to engage Gram Sabhas and bring ‘development’ to those districts where Maoists/Naxalites

were strong. Until now the IAP was implemented by the trinity of Collector, Superintendent of

Police and District Forest Officers(under pressure from Ministry of Home Affairs) arguing that

local bodies were weak or non-existent in most places. Now, under theNDA Government, the

Central Paramilitary Forces will get a say in the IAP spending. And, unlike in the past where the

district was the unit for disbursement of funds,now it will be decided at the block level, a process

which will only enhance the role of the military. Consequently, the divestment of authority which

Fifth Schedule, PESA or FRA envisaged for Gram Sabhas is being totally subverted as the

military has been elevated as one of the major deciders of fund allocation.

India’s domestic laws and judiciary also have fallen short of ensuring protection to civilians.

Instead, the executive’s authority to wage war has been upheld as constitutional and legal immunity

to armed personnel involved in war crimes has been strengthened. The most the apex court has

done is to show its concern by either granting compensation to victims, or in raising the compensation

amount. The High Empowered Committee set up by the Ministry of Tribal Affairs noted in its

report the reluctance of courts to give bail to those implicated in ‘naxal offence’, even though,

“naxal offence” does not mean a cognizable crime; it is a euphemism for charging people under

serious sections of IPC, Arms Act or the Explosives Substances Act on grounds of being a Maoist

supporter or sympathizer. As this report shows, all Adivasis living in Bijapur are suspects in the eyes

of the law and many are picked up and thrown into jail for precisely this. Significantly, following the

kidnapping of the Sukma district collector, the State Government, in May 2012, set up a committee

headed by Nirmala Buch to review the delay in prosecution of Adivasi undertrials in Chhattisgarh.

The one “relief” the Buch Committee proposed was that bail should be granted on grounds of

poverty or ill-health. The Committee continues to meet every once in a while and releases a list of

Advisasis in whose cases the prosecution is advisednot to oppose bail. But the Committee has not

bothered to even once examine the issue of permanent warrants and demand a judicial review of

the cases.

Consequently, the periodic massacres and daily harassment that the Adivasis suffer which remain

unreported have assumed grave concern. The regular patrols by masses of troops, presence of armed

combatants in buses and on the roads, intimidation of people while at work, home or in open fields or

while travelling—all these and more show how the overt violence of the Salwa Judum has been

replaced by more calibrated violence which is daily, routine and constant. The impact of the dual

strategy of ‘periodic and daily’ violations easily threatens the Adivasis from talking freely and sharing

information. In several instances, villagers would say ‘so and so’ will speak for us. They would speak

only if a question was posed, or if someone had something specific to say. Additionally, they are denied

access to any official information concerning their area. For instance, whilst people fear that as many

as 300 villages will get submerged by Polavaram Dam, the official report of the Central Empowered

Committee, 2006 mentions four settlements with 2335 families, including 11,766 people will be affected

by the dam. So what is the truth? Are the fears unfounded? If so, then why has no information been

provided to assuage the insecurity experienced by the project?

In every instance during the fact-finding, it was clear that the government forces are considered as

predators. Their very name sends that message-’Cobra’, ‘Greyhounds’. It is remarkable how something

as inane sounding as ‘CRPF’ has, however, also become a pejorative term in these parts. Are these

forces only living up to carry out the task assigned to them? What if this task, to bring a people to

submission in order to accelerate mining activities, and degradation of environment, is contested by the

people? Are soldiers and officers even aware of this contested reality? Do they have an opinion? Does

this inform how they act on the ground? These questions are not rhetorical. This is what happened in

Saranda (Jharkhand), where Maoists moved out in 2011 and the CRPF moved in with nineteen camps

to enable mining activity. In Rowghat (Chhattisgarh) the process is on but is being resisted; as it is in the

area of the fact-finding, all around in the Bailadila mining belt. There is nothing noble in this venture being

pursued. Ignoble is an apt word to describe the way Indian military fights to ‘sanitise’ an area in order that

a contested ‘development’ model is rammed down people’s throat.

Nine villages covered in three nights and four days may not capture the reality in all its

macro and micro dimensions. Yet, it is a representative microcosm of the reality in the war-zone

if the vantage point from which we perceive reality shifts from where the official order operates

to one where it does not. War sharpens all perceptions. It cannot be otherwise, when ‘kill or get

killed’ is the rule that governs war. Likelihood of death hovers all the time. So long as it is two

uniformed forces fighting a guerilla war, they are both obligated to follow the highest standards

of engagement; that is, if they are true to their declared lofty goals. But both sides are forbidden

from endangering civilian lives. In the present context, while both sides have erred yet, as a

matter of fact, the Maoists, by all accounts, have done less harm and have acted more responsibly

towards civilians. Most importantly they are not feared, despite being guilty of war crimes. It

sets them apart from government forces as they are deeply embedded among the people.

The paradox is that the Government argues in favour of prosecution of war, wiping out

‘Naxalism’, before commencing “development”. Thus for the time being, private corporations

have put their new projects on hold until such time the forests are cleared of Maoists as it is felt

that if the projects were to commence, the Adivasi resistance may be revived. However, public

sector corporations are expanding their activity here. Two new mines will begin production in

Bailadila and a joint venture of NMDC-CMDC integrated steel plant is coming up at Nagarnar.

This warped development that the Government is bent upon pushing is clearly guided by the

policy of opening up of forest land for corporate exploitation. The thinning of Adivasi population

in settlements has the happy consequence for corporates to make an easier acquisition of leveled

land ready for picking. As a result the local economy, especially agriculture, is being allowed to

decelerate and the matter is viewed either as an acceptable consequence, or a necessary collateral

damage caused by intensified operations. The hypocritical claims of senior police officers,

commanders, and government leaders about ‘protecting’ the civilians from the Maoists, hides

this sinister reality.

It is not the Maoists who are preventing farming; it is the conduct of the government forces

which is bringing this about. That such conduct violates every Constitutional provision and law

meant to protect Adivasis obviously does not matter to the Government. Food and shelter is

something that is available to children at home too. Education too was once accessible through

the state government run schools. Instead of improving this system, these schools are being

deliberately run down and children are compelled to study in ashram schools. Consequently,

children are forcibly being separated from ‘natural’ surroundings of their lived culture and emotional

security of home. They are confined in enclosed spaces with a regimented life. Is this not a sign

of indoctrination, of drawing them into the ‘mainstream’ by making their physical surrounding

inhospitable? That this mocks at the assurance and promise of “sustainable development” is not

a matter which greatly troubles the Government.

NMDC together with CMDC are starting two new mines in Bailadila hills. The military

objective appears to be to protect this investment. The problem posed to the environment by

NMDC’s two large open cast mines at Kirandul and Bacheli, including pollution of Shankhini and

Dankhini rivers, are going to get much worse. The issue of land and forest land, which is at the

very heart of the self-economy of the Adivasi life and which also nurtures their self-identity, is

under assault. To be physically ousted or driven away by the dwindling forests and degrading

natural environment is what awaits Adivasis. What these nine village exhibit is not very different

across Bastar. With variations no doubt, but manifesting more of the same, it makes for a shared

reality. Warrants and absconders represent the legal war, as violent as the baton or bullet, probably

more lethal as their staggering numbers vouch for. Surely, 1.1 million to 4.4 million unnamed

‘absconders’, is a mark of the state going berserk. Is it not? While the Union Government may

believe that their forces will wipe out ‘Naxalwad’ in three years, in these parts, people believe in

Kamlesh Jhadi’s parting words, ‘aap aadmi ko maar sakte hain, vichardhara ko nahi’(,you can

kill a person, but you cannot kill an ideology.)

Cover 1

(Title of the Report)

Murder, Protest, and Police Repression in Revali:

On 6th January 2015, security forces entered the village of Revali in Dantewada District and

shot dead Bhima Nupo around 10:00 a.m. Nupo, a forty year old man and father of five, was

unarmed and had gone to collect firewood in the forest with his wife. The firing was unprovoked

and the entire incident was witnessed by Nupo’s wife,Budhri. The security personnel then

proceeded to beat up villagers and took away some of their poultry, money and other

belongings. When Budhri and the village sarpanch went to the Nakulnar police station to record

an FIR, they were intimidated by the police. Instead of recording an FIR against the security

forces, the police registered a case against ‘unknown, uniformed and armed Maoists’, despite

Budhri’s clear statement that her husband was killed by the police.

Consequently, the incensed villagers along with Soni Sori and the Jagdalpur Legal Aid

Groupdecided to gherao the SP and Collector of Dantewada to demand compensation and

investigation. A protest march was held on 16th January with around 8,000 villagers from 20

panchayats, led by Soni Sori and local panchayat leaders. There was tremendous pressure from

heavily armed police, SDOP, the Tehsildar, the Thana- in-charges of Nakulnar, Bacheli and other

thanas to stop the march. The excuse provided was that section 144 had been imposed under the

Election Code of Conduct for the Panchayat elections which disallows gathering of more than 5

persons. The villagers were stopped from proceeding to Dantewada and were herded into a

stadium in Hitawad. Despite the persistent presence of armed police personnel, the determined,

yet peaceful protest compelled the SDM, Haresh Mandavi, and ASP NareshSahu to meet the

sarpanches,Soni Sori and the family of Nupo Bhima. While the Collector and SP refused to meet

the delegation, the SDM and ASP agreed to the demands of a judicial inquiry and an initial

amount of Rs5 lakh as compensation, within ten days.

 However within a few hours the SP and Collector denied to the media that they had agreed

to the villagers’ demands. The Collector, K C Devsenapati, stated that prima facie there was no

evidence to establish as to who killed Bhima. The SP Dantewada denied that security personnel

were involved in the killing and said that the incident occurred after the forces had ‘returned

from the region’. Worse, the local police of Nakulnar PS went on record to say that the allegations

against the police were false; that the FIR was lodged as per the villagers’ testimonies which

clearly said that the Maoists had killed Bhima. Under these circumstances, where the officials

have already arrived at a decision, the inquiry conducted will be nothing more than a farce.

 It is clear that the security forces are being given a clean chit by the authorities. But the

authorities have accused Nupo Bhima’s wife, Budhri and all the other villagers of lying. FIRs have

been filed against Budhri, Rakesh (Sarpanch of Rewali), Soni Sori, sarpanchs of other villages,

women who went with Budhri to file the FIR after Nupo Bhima died, various AAP members who

were present in support of the march, and many other villagers who were part of the rally.

List of Available PUDR Reports on Chhattisgarh

1.When the State makes War on Its Own People: Violations of People’s

Rights during the SalwaJudum, May, 2006 (Joint Report)

2. Casting the Net Wider: The Chhattisgarh Special Public Security Act,

2006, June, 2006 (PUDR)

3. Through the Lens of National Security: A report on the Arrest of Dr.

Binayak Sen of PUCL Chhattisgarh , February, 2008 (PUDR),

4.Of Human Bondage: An Account of Hostage Taking in Bastar,

March, 2011 (CDRO)*

5. Zindagiyon ki Keemat (Hindi of above)

6. Anything Goes...In the Name of National Security: The Story of Soni Sori,

March, 2012 (Joint Report)

7.Who is the State Hunting? (A report on some incidents of massacres by

Security Forces and Salwa Judum under Operation Green Hunt, in Bijapur

aPreface

Since June-July 2014, reports have been filtering in regarding the intensification of Operation

Green Hunt in the forest villages of Bijapur district of Chhattisgarh. Civil rights organizations

have been receiving requests to send teams in order to investigate what was happening on the

ground. To this end, PUDR conducted a fact-findingin the villages of Sarkeguda, Rajpeta,

Kottaguda, Pusbaka, Basaguda, Lingagiri, Korsaguda, Kottagudem and Timmapur villages in

UsurTehsil of Bijapur District from 26th to 31st December 2014. The attempt was to document

the principal concerns of the Adivasis and the reasons underlying these, by staying for a few

days in the villages.

This report adds to the existing documentation on state repression that PUDR has been

carrying out along with other civil rights organizations for over a decade in the Bastar region of

Chhattisgarh. However, unlike previous fact-finding reports which were incident specific, such

as the Sarkeguda killings of June 2012 by the CRPF, the scope of the present report allows

for a larger understanding of how repression has percolated and utterly changed the lives of

Adivasis. The information provided by the residents of the nine villages, the facts gathered and

the observations made in the course of the fact-finding confirm the insecurities and hardships

of daily life in the war-zone—the low key, but ever present forms of repression routinized by

the state through its forces and security camps. The urgency of this report lies in the fact that

there is a very real need to intervene and prevent the security camps from assuming a permanent

character in the villages of Bijapur.

Contents

Introduction: People, Land, Livelihoods in the Shadow of the Camps 3

Box: Iron Ore Mining in Bailadila

Table: Demographic Profile of Villages Visited

Box: The Salwa Judum

Chapter 1: Who Harasses the Adivasis and What Angers Them? 7

Box: Permanent Warrants

Box: Incidents of Violence by Security Forces in Bijapur

 (November 2012-December 2014)

Chapter 2: Some Aspects of Life in a War-Zone: Roads, Transports, Camps 18

Chapter 3: Lawless Force 22

Conclusion 26

Introduction: People, Land, Livelihoods in the Shadow of Camps

Situated in the southern-most part of Chhattisgarh, Bijapur is one of the 27 districts in the

state.The district was created on May 11, 2007, carved out of Dantewada, with a total area of

6562 sq. kms.The Bailadila mountain range lies at the border of Dantewada and Bijapur. Most

part of the state is hilly with Bailadila reaching 4000 feet in height. The hill resembles the hump

of an ox, thus the name Bailadila.

Eighty nine per cent of the 255,230 people of Bijapur, as per 2011 census, live in the district’s

741 villages. Density of population is 30 per sq km. Bijapur has a sex ratio of 984 females for

every 1000 males and a literacy rate of 41.58 per cent. The villages visited are predominately

inhabited by DorlaKoyas, Murias, Mahars, Telugu and, with a few Muslim families in Lingagiri

who were seen celebrating Tazia.

Bijapur district is rich in iron ore deposits with fourteen deposits having been identified by

National Mineral Development Corporation (NMDC).Although the two mining complexes of

Kirandul and Bacheli, and all the mining related operations, roads, pipelines etc.are in Dantewada

district. The villages on the other side of the mountain range – in Bijapur – get to bear the burden

of the water pollution due to mining, although technically, the mining lands are all in Dantewada.The

villages visited—Sarkeguda, Rajpeta, Kottaguda, Pusbaka, Basaguda, Lingagiri, Korsaguda,

Kottagudem and Timmapur—are in the vicinity of the iron-ore mines and deposits. They are

located in the same areas, on the other side of the hills.The police Thana under which these

villages fall is called Basaguda Thana, located in Hirapur on the river Talperu which is linked to

Basaguda by a bridge. The river goes on to merge with Godavari. Basaguda village is the last

halt for the bus. It also happens to be the place from where the journalist, Sai Reddy, hailed and

who was killed in 2013. (See PUDR press statement on the issue: www.pudr.org) Basaguda

was a bustling bazaar and a relatively prosperous village until 2005 when theSalwaJudum, (the

state sponsored vigilante initiative operational in Chhattisgarh between 2005 and 2008 – BOX )

wrecked havoc. Whereas prior to this, paddy was sown everywhere in the fields, they are now

a patchwork of mostly barren fields. On the banks of the river Talperu in Hirapur, there once

existed a Government rest house which has now been converted into a paramilitary camp for

the 168 battalion of the CRPF.

The last camp in this area is the Sarkeguda camp, an immense fortified structure where a

dense forest once stood, close to the Korsaguda pond which has great importance in a subsistence

economy with no irrigation. Villagers avoid going anywhere in the vicinity of the camp. When

returning from Korsaguda village on 29th December evening to Rajpeta village one was told that

the shortest routes ran close to the camp which is best avoided. Villagers say this is a camp with

no less than 3500 troops of CRPF and CoBRA. This could be an exaggeration, but it appears

very large, even from a distance.Patrols are carried out by several hundred troops in and around

the villages here, as well as deep inside the forest, from this camp.

Hills surround the area and are like a horseshoe with an opening towards the river and hills

all around although they are some distance away parted by a vast plain. Few generations of

Adivasis had transformed the dark forest into open fertile paddy fields. But clusters of woods

were present everywhere and forests surrounded the fields.Only one crop of paddy is raised,

fed by the monsoon rain. In December at the time of the visit it was the season of ‘Manjai’

(threshing). Signs of frenetic activity were visible in the paddy fields which had been harvested.

Once this is done a large number of Adivasi peasantry move to ‘Andhra’ to work on chilli farms

and earn Rs150 daily. They work for a month or two at best. Plucking of Mahua, followed by

plucking of Tendu leaf begins in March and ends by May. A bundle of 50 tendu leaves fetches

Rs 1.50. Each person on an average collects 6000-7000 bundles in a season. They sell it to

‘seths’ from ‘Andhra’ and Maharashtra. This is an important source of cash earnings.

Demographic Profile of Villages Visited

 Village Houses Population Sex Ratio Literacy Total Workers Main Workers Marginal Workers

Sarkeguda 41 145 790 0.8 99 40 59

Rajpeta 28 108 800 12.5 72 55 17

Kottaguda 79 311 981 19.3 183 100 83

Pusbaka 350 1533 1052 12.7 1045 6 1039

Timmapur 285 1522 927 22.5 873 119 754

Lingagiri 91 336 1100 36.8 248 3 245

Korsaguda 72 323 1153 11.6 216 0 216

Basaguda 61 285 516 79.04 185 116 69

Source : Census 2011; Note: Census details for Kottagudem village are not available

The nearest Primary Health Centre is in Basaguda. Apart from this the entire area is only covered by

the ‘Mitanins’. ‘Mitanin’ is one government health scheme which actually functions and it does so because

of the dedication of its practitioners, the Adivasi women. They provide basic health services by visiting

households, mostly on foot.Most of the Government schools that once did well are gradually being run down

through neglect and hundreds of children being amalgamated into schools cum hostels run for Adivasi

children, funded by the Central Government. Most teachers have not been regularized, and are ‘anudeshaks’

(temporary helpers) whose services can be terminated anytime.The school inBasaguda has 225 kids with

nine teachers and the Timmapur schoolhas 60 children and five teachers. However, the ashram schools

have hundreds of students and the one at Avapalli has as many as 500 children. For each child a central

grant of Rs.1000 per month is provided.

Officials at Bijapur, Sukma and Dantewada claimed that schools were not functioning due to their use

by security forces, or because they had been blasted by the SalwaJudum, or by the “andarwale”. The State

Government had, in response, started ‘temporary schools’ called Porta Cabin schools under the Sarva

ShikshaAbhiyan. First started as ‘bridge schools’, aimed at bringing in the children affected by the SalwaJudum,

now they have become ‘regular’ and do all the teaching. These schools had hired ‘anudeshaks’ not as

teachers but as helpers to bring in the students from remote areas. But as there was no real provision for

regular teachers, these ‘anudeshaks’ ended up teaching also, and became full time caregivers for the

students, although most of them are only 10th or 12th pass. Now in order to make these schools RTE

compliant, the regular teachers have to be brought in and these ‘anudeshaks’ are going to be let go – which

these people are fighting against.

The Salwa Judum launched in 2005, represents the watershed moment in the lives of the villagers

when things changed irrevocably for them. The effects of the Salwa Judumand its continuing follow up in

Operation Green Hunt from 2009 onwards shape their lives today. So though in January 2011, the Supreme

Court in Nandini Sundar and Ors. vs. State of Chhattisgarh, regarding the SalwaJudum, had ordered that

villagers be resettled in their villages, camps removed, schools and health centers occupied by the security

forces vacated, it was obvious from what was seen in the villages that there is no going back. The situation

on the ground is very different and much more complicated than what the Supreme Court envisaged.

Iron Ore Mining in Bailadila

The commercial discovery of Bailadila dates back to 1955-56 when Prof. Euemura of Japanese

Steel Mills Association, drew the attention of the Japanese Steel Mills to the richness of the vast

deposits of iron ore and its proximity to the eastern coast of India. An agreement was signed with

the Japanese Steel Mills in 1960. Granted approval in 1964 on the basis of an NMDC report, the

Mine Plan was inaugurated in 1968. A railway line was laid to connect Bailadila to Vishakhapatnam

for transporting iron ore to Vishakhapatnam and then to Japan.

Today, the same process is now being repeated. The Gujarat-based Ruia owned house of

Essar was given permission to set up a pipe-line to transport iron ore from Bailadila to

Vishakhapatnam in 2006.Essar has also received permission to use the water resources to pump

iron ore sludge directly from the mine to Vishakhapatnam.

In 2012 NMDC and Chhattisgarh Mining Development Corporation (CMDC) agreed to a

joint venture to set up an integrated steel plant at Nagarnar, 16 kms from Jagdalpur. The

Chhattisgarh government allotted a mine for captive purposes for up to 3 MTPA (Million Tons

Per Annum). In October 2014 a joint venture between NMDC-CMDC was given clearance to

divest 316 hectares of forest land for mining to produce one MTPA. Significantly, the open cast

mines of the NMDC have damaged the region. Not only are Shankani and Dankini the most

polluted rivers in India, the signs of environmental degradation are apparent everywhere.

The Salwa Judum

The truth about the Salwa Judum is available in The Union Ministry of Rural Development’s

draft report 'Committee on Agrarian Relations and Unfinished Tasks of Land Reforms'

(2009).The Report exposes the initiative by placing it in context:

“Most tribal areas in Central India are the abode to the naxalites, whose presence is a response

both to past and future land alienation, the failure of the government to live up to its constitutional

mandate and the withdrawal of the state from its responsibility to protect the tribal realm.”

And then the report says: “There was initial resistance (in 2000) to land acquisition and

displacement from the tribals. The state withdrew its plans under fierce resistance. An argument

put forward was ‘you don’t play foul with the Murias’, it’s a matter of life or death and Murias

don’t fear death. A new approach was necessary if the rich lodes of iron ore are to be mined.

The new approach came about with the Salwa Judum, (euphemistically meaning ‘peace

hunt’). Ironically the Salwa Judum was led by Mahendra Karma, elected on a Congress ticket

and the Leader of the Opposition and supported whole heartedly by the BJP led government.

Salwa Judum was headed and peopled by Murias, some of them erstwhile cadre and local

leaders of the Communist Party of India (Maoist). Behind them are the traders, contractors and

miners waiting for a successful result of their strategy. The first financiers of the Salwa Judum

were Tata and Essar in the quest for ‘peace’. The first onslaught of the Salwa Judum was on

Muria villagers who still owed allegiance to the Communist Party of India (Maoist). It turned out

to be an open war between brothers. 640 villages as per official statistics were laid bare, burnt to

the ground and emptied with the force of the gun and the blessings of the state 350,000 tribals,

half the total population of Dantewada district, are displaced, their womenfolk raped, their

daughters killed, and their youth maimed. Those who could not escape into the jungle were

herded together into refugee camps run and managed by the Salwa Judum....” (Italics ours)

The above only reaffirms what a joint fact-finding into the Salwa Judum, perhaps the earliest,

by a team of five civil rights organizations- PUDR, PUCL(Chhattisgarh), PUCL (Jharkhand),

APDR (West Bengal), Indian Association of Peoples Lawyers (IAPL) had exposed. The report

When the State Makes War on Its Own People concluded that the SalwaJudum launched in

2005 was designed to divide Adivasis and pit them against one another. The objective was to de-
populate the forest villages, collect Adivasis close to the roads and in relief camps, thus weakening

the Maoists and enabling opening up forest areas for mining.

In its 2011 judgment, the Supreme Court declared the Salwa Judum illegal and directed the

government to carry out investigations and take action in criminal allegations against all SPOs,

armed personnel and Maoists. By this time however the Judum had already served its purpose

.Ironically in the long run the significance of these judicial pronouncements has come to lie in

how lightly and with what arrogance they could be ignored. It’s a very telling comment on the

democratic avenues and their efficacy including judicial remedies available to the Adivasis.

Chapter 1

Who Harasses the Adivasis and What Angers Them?

Complaints that go Unheard

Sarkeguda is one of the seven villages where people who had been forced out by the Salwa

Judum, returned in 2009. Their return was entirely a civil society initiative to re-settle the displaced

back to their villages and rebuild their lives anew.

In early hours of 13th December, 2014 there was a landmine blast followed by a pressure

bomb exploding near the Sarkeguda camp which was set up after the massacre in 2012.One

CRPF personnel was killed in the blast. Two days later CoBRA units entered the surroundingvillages

in the morning where armed men entered homes and beat up the residents. While beating them

soldiers were heard shouting, "tum me se kisine bomb futuaahai” (who amongst you exploded

the bomb). One of the villagers said “aapke camp ke samne bomb futa hai, aapne kyon nahi

dekha karne wale ko. Gaon ke andar hoti to baat alag hoti” (the bomb exploded in front of

your camp, why did you not see who carried it out. If it had exploded inside the village it

would have been another issue).

According to the villagers, soldiers threatened that they had orders to kill five people. “No

one will come to your aid. Nothing will happen to us.” The soldiers left after picking up eleven

persons namely: Irpa Krishna, Irpa Baburao, Irpa Kanna, Irpa Nagesh f/o Irpa Kanna, Modim

Dinesh, Irpa Mahesh, Irpa Ganpat, Irpa Nagesh f/o Irpa Chandresh, Madkam Nagesh, Irpa

Lachha, Irpa Manoj. They were frog marched. While leaving, the unit warned that ‘if anything

happens to us we will deal with you appropriately and it will be your responsibility to see this does

not happen.’ On reaching the camp, the villagers were made to do ‘begar’(unpaid labour) for the

entire day, clearing shrubs from around the camp, perhaps as a way of ensuring that there were

no land mines in the camp area. When asked, if they had filed any complaints, the villagers

responded, “who shall we complain to?” They added that the Collector had once told them

that ‘he could not do anything unless they gave their complaint in writing’. He told them that if he

goes by what is said to him by the villagers and enquires from the police, the police say ‘why do

you side with the villagers when we have lost our man?’ Villagers said that they dare not

complain because ‘then the field forces take their anger out on us. They pick up anyone, torture

them, implicate them in false cases or demand money in return for their freedom, asking them

to provide them names and whereabouts of ‘andarwale’(i.e. ‘insiders’ – the name by which the

Maoists are called colloquially).’

The villagers complained that they get stopped by the forces on patrol who demand to know

‘where they are going, what is their work or who they are they going to meet.’ As part of

punishment, sometime they are made to sit from morning to evening; women are particularly

vulnerable as they not spared either. According to one of the villagers, a woman was once

detained at a camp and was made to prove that she was a lactating mother who had to rush

home to nurse her baby. Some of them wondered if they did the right thing by returning. If this

harassment continued should we leave our land again, they questioned.

When they still cultivate their fields they do so in patches close-by leaving large areas barren.

Basaguda, they said was once known for its paddy harvest even though it was rain fed with no

irrigation to boast of, but still earned them a fair amount until the SalwaJudum came. For

instance, Kamla, one of the respondents, said that her family was Patel of the village and held

pattas for 62 acres. Now they cultivate no more than 10-12 acres. This is the case with other

households too where not all the land is cultivated.

The forces constantly accuse them of being Naxalites. The villagers gave several examples,

such as: if they were digging a trench and a patrol happened to pass by, it was instantly assumed

that they were planting bombs. If they used any implements during work, however blunt, and a

patrol happened to pass by, they feared being accused of possessing weapons and being a

Naxalite. The villagers rued the fact that they could not roam freely, they could not carry their

traditional knives, bows and arrows or go with their axes into the forest as the forces consider

these illegal arms and use it as proof of them being ‘andarwale’.

Kaka Kanna said that when he was grazing cattle, in October, 2014, the patrol party summoned

him and demanded to know ‘who had dug this hole’. The soldiers were angry and one of them

said 'm.... c... tum bomb lagate ho aur gai charate ho; tum, m.... c... sab ek saman ho’. (You

m..... f..... plant bomb and go for grazing cattle. You m....f.....are all the same). He said school

kids are stopped and told ‘you work in evening for Naxalites and go to school in the morning. You

work as informers for 'them'.

The villages of Pusbaka and Kottagudem (visited on 28th December) are located inside

the forest. The hill road leads to Cherla and vehicles could ply back and forth on it until 2005.

After the SalwaJudum and now, ‘andarwale’, the roads are broken and motorbikes are used

here for transport. A young man,who offered a lift on his bike said that he was a temporary

teacher and was going to have his services terminated by April 2015. He earned Rs 6000. He

was at a loss as to what he should do. When asked ‘why were the serviceable road, such as this,

broken?’ he said ‘to prevent new camps from coming up inside’. Asked who was responsible

-was it the ‘andarwale’ or the villagers themselves, or was there a convergence of interests of

people and the CPI (Maoist) party, and was it therefore a shared venture?- he did not offer any

answer which would give much greater clarity, barring emphasizing that camps have created

insecurity.

Today, Pusbaka village has 150 households. Once it was a large prosperous village with

paddy and forest produce as a source of livelihood and a thriving bazaar. The village had electricity

until 2005 when the SalwaJudum hoodlums came and burnt the transformer and razed a school

the villagers were proud of. Children have now had to move to Ashram school- cum -hostel.

They said that in the past they even had cricket teams come in from as far as Avapalli to play and

then return in the evening without fear. Everything was destroyed by the SalwaJudum. And the

good times were gone. Will they ever re-live what they had before the SalwaJudum, they asked?

The villagers mentioned that although the incidence of stealing of rice, chicken, goats, etc.

had come down, but during Diwali this year, a unit came and each of the households was forced

to have one Special Police Officer (SPO) stay with them. They said that the unit stole their

chickens, goats, mahua. When the soldiers searched inside their homes they first ransacked the

earthen jars containing rice, as the soldiers believed that the money was stored inside these jars.

What some of the villagers also resented was the fact that when, perchance, they are paid for a

goat or chicken by the unit, then instead of getting the market price i.e. Rs. 8000 for a goat, they

get paid just Rs. 2000.

Villagers dare not go to their fields as they used to earlier. They preferred to work in fewer

of their fields and curtail their activities in the open. Fear has become part of their everyday

reality. Samaiya Barse narrated how he was intercepted by a patrol party one day when he was

at a pond catching fish. The soldiers asked him for his ID. He showed them his card and the

police took it with them and asked him to come the next day for it. He went the next day and was

told ‘Sir is busy come tomorrow’. The journey back and forth is 30 kms of walking. He feared

that he could be implicated in any incident, that the police could show that it had ‘found’ his ID at

the crime spot. He feared that if, in the meantime another passing patrol were to ask him for his

ID and he had none to show, he could get mired in an even deeper problem.

On account of these daily fears, paddy cultivation has fallen considerably. The villagers say

that they grow just enough for their own consumption. They are afraid to spend time outside

because if they come across a patrol they get invariably harassed. They apprehended that they

could be picked up, beaten and/or implicated in criminal cases. Men-folk in particular avoid going

to visit even Basaguda bazaar, because SPOs hover around, and on their signal anyone can get

picked up by the soldiers milling around for the mere reason of coming from Pusbaka, an alleged

Naxalite village. So their present offers them little comfort. And nor does the future. The Polavaram

dam, they said, threatens to submerge their village along with three hundred others. ‘What

would happen to us? Will we get land in lieu of what will be lost? Where will it be? What

will become of us?’ They were embittered about the fact that it was first the Judum that

uprooted them from their homes, and now a dam threatens much worse.

Kottagudem is a Muria village. Reaching Kottagudem village meant going through five

kms of forests. A delayed arrival meant that people had gone for threshing. In fact, more or less

everybody was out working in the fields. Once they returned, one by one people began turning

up for an impromptu meeting.Punem Suresh who studied till 8th in Avapallitold how, in October

2014, a 400 strong force led by a notorious SPO ‘Shankar’ of Polampalli and Tati Ramesh of

Murguda came to the village and beat the villagers injuring nine persons including 3 kids.

[According to news reports (Indian Express, Jan 2, 2015),Shankar @ KorsaJagaram, a

“topmost rebel” and Military Intelligence Chief of West Bastar Division, surrendered in

May 2013 and become “secret informer”in the Police Department. He was killed by the

Maoists on 1stJanuary in Kottapal.]

Other accounts of repression were shared such as those of Oyam Bhima and Dodi Lakmawho

were picked up in June 2013, tortured brutally and sent to Dantewada jail. While Bhima came

out in October 2014 Lakma is still inside the jail. He said that lawyers ask for “too much money.

Not less than thousand. And if there is a charge-sheet then for the trial they charge Rs 20,000 for

each case. Where will we get that kind of money?’ Generally they said there is more than one

case. Each case fee is different. Then there are expenses incurred for family to meet them

during each ‘peshi’ (hearing)’. In another incident, Dodi Aayatu was shot dead on 28thAugust

2014 when he was cutting bushes near the river. He has five children. Thana in-charge of

Basaguda assured Rs two lakhs as compensation. When the family visited him he told them to

invite some journalist to come and write about it if they wanted the money to be paid.The

villagers also said that in October 2014 one woman was raped. On that occasion too security

personnel took away ten chicken, ten eggs, plus robbing Rs 150 cash they found on a person they

accosted.

The villagers wanted to tell people outside Bijapur that they don’t want the camp. “Tell them

to stop patrols which harass us and are affecting us.” Asked if the road broken by the

Maoists had impacted them negatively, they said it had, but the insecurity bred by camps and

patrols was what they resent and fear the most. For the people of Pusbaka and Kottagudem,

while roads being broken have had the desired effect of impeding forces from entering the

forests and setting up camps, they also entails inconvenience. The road which once linked

Basaguda to Cherla still exists but travel is much more difficult. They still travel to Cherla from

Basaguda to work as wage labour on the chilli farms and sell mahua and tendu leaves. Trade is

still possible. But reduced economic activities since 2005 have diminished volume of tradable

goods, and people earn less money than before. The shops which had variety of goods earlier

had limited goods and quantities are less too.

In Pusbaka, during the evening meal villagers talked about the past and what it was like then,

how life was different then. The SalwaJudum emerged as a water-shed moment in their collective

life and marked a break between the past and the present. Many said that theJudum had come

from outside; it did not emerge from amongst them. It threw light on how the Judum would use

people from other areas to attack these villages. The villagers were displaced and had to run

away. On their return they were provided one solar lamp for each family/household, and that

was about all.

Lingagiri and Korsaguda: Korsaguda is deep in the forest & close to Bailadila hills.

Lingagiri is located below Korsaguda in the plains. On 29th December, two kms short of Rajpeta,

at Pechepara hamlet,villagers were waiting to give information regarding an incident which

happened that morning. One was told that a neighbor’s brother (‘bade pitaji ka beta’ or older

uncle’s son) had been picked up. Apparently, at 5 am the police came, entered the house of

Krishna, woke up every man, woman and child, and kept saying that they had warrant for Soyam

Potti and that they were searching for him. Some villagers followed the police to Basaguda to

protest the arrest of Soyam Potti. Vani Xaxa, a Phd scholar doing her field work also went to the

thana. Vani was told by the thana in-charge that they had not arrested anyone and that all they

wanted was to ‘invite’ Soyam Potti for tea and a chat. When she said that this was an odd way

of inviting someone for tea, by first barging into the house, rudely shaking everyone awake and

then leading Soyam Potti to thana as a suspect, the officer shrugged his shoulder. When asked if

there was any ‘permanent warrant ‘(see Box) against him, the thana- in-charge said there was

none. Soyam Potti was then released. But meanwhile two boys from Bilipara, Oyam Somlu s/o

of Pasndu age 45 and Puinam Chinoo s/o of Aaytu age 25 had been arrested and brought to the

police station. There were three cases each against the two.

Just near the entry path to Korsaguda, villagers reported that the police was on the road

searching for bombs. So the route had to be changed. The long detour delayed the journey to

Korsaguda village,and as a result, Lingagairi had to be visited first. Allegedly, twelve people had

been picked up from Lingagiri just a few days back.

The way to Lingagiri passes through barren fields and an half abandoned Mahar village of

Kumarpara. There were 30-35 people from Dolguda who had become SPOs in 2005 and their

families had moved out of the village since. Lingagiri too had been vacated due to theSalwaJudum.

People returned in 2009. At Lingagiri people were busy in threshing and loading paddy on tractor

driven carriers to take to the market. They said that their biggest worry at the moment was

people falling ill. Scores of people were stricken by fever and vomiting. They feared it could be

malaria. There was no doctor available and only Mitanin were there to provide some medicine.

When asked about the camp they said that it had made their lives more insecure. They were

convinced that the Sarkeguda camp had at least 3500 soldiers. Patrol was routine. Although

there was no recent incident of trouble the fact that soldiers were there meant that anything

could happen. When asked about the 12 people allegedly picked up and taken to the camp, they

said that actually only five persons were picked up to do begar in the camp. When inquired if

‘unpaid labour’ was a recurring phenomenon, they nodded.

35 year old Ghantal Raju was very bitter. His sister had been raped and murdered by soldiers

in December 2006. His father had been hacked to death by them. But his anger is directed

against those who encouraged the villagers to come and re-settle here and he too worked with

the civil society organizations to convince the villagers to return. He alleged that the organizations

which had facilitated their return and had promised to ensure their rehabilitation, had abandoned

them once the villagers returned. He said that he worked with the Vanvasi Chetna Ashram. He

was of the view that as people from outside did not stand by their assurance it is futile to carry on

resisting and standing up for one’s rights. “Look where it has got me. I am poorer than before.

If I had stayed back in ‘Andhra’ I would have earned more. I just feel they cheated us.”

When he spoke others silently nodded with him and did not even once contradict him even when

he said that all his stout protests proved useless because even people refused to stand up with

him. Now when he goes out of the village he faces taunts from CRPF soldiers. When he passes

by, they loudly comment for him to hear-“who ja raha hai Ghantal. Sala bahut baat karta hai.Abki

baar aisa maarenge sala dubara bhaag jayega” [there goes Ghantal. Bastard protests a lot. This

time we will beat him in such a way that he will run away once again].

His allegations could not be verified. It is also not clear if this view is shared by others as no

one said so openly. But in Lingagiri at least no one said any different either. It is however true

that people who returned to their villages fended by and large for themselves.

The next stop was Korsaguda which is a Muria village. This was the first village to be

attacked in 2005 and burnt down. Villagers fled inside the forest. They had taken shelter further

inside the forested hills. They were the first to return and resettle in 2009. Eighty out of the

earlier ninety households have built new homes closer to the hills. Troops do not enter as often as

they did in the past.

The villagers shared that earlier they were living near the ashram school in the village itself.

They said that other than the Murias they had different communities living amongst them, such

as Mahars or Telugus. They were all living there till the Judumcame. ‘They (SalwaJudum

hoodlums) came and burnt all our houses. It was only after the SalwaJudum that we all

moved further inside.’ They said that ‘today if any of the men go to the market in Basaguda,

they can be picked up. Then we have to approach the Patel or Sarpanch to free them from

the thana.’ Others pitched in and said they some had also gone to Andhra Pradesh out of fear of

the Judum but returned along with the other villagers (neighboring) when they returned. ‘When

we came back we found all our cattle had disappeared. So whenever we went to search

for our cattle, we would be beaten up by the CRPF.’ One old man was picked up by the Salwa

Judum and beaten up. When he returned he collapsed and died. ‘We did not know what to do, so

we kept quiet’, they said.

The villagers narrated how Kakem Munniwas shot dead while weeding the fields on November

18, 2012. She was dressed in shirt and pant, as Andhra women tend to do while working in the

fields. Her body was taken to the thana and later returned. The police arrested Hemla Bheema

from the same village and kept him in the lock-up for three days and beat him after hanging him

upside down. It was only after this that they arrested Hemla Chinnu and whose trial was currently

on in Dantewada.HemlaBheema said that ‘recently (on the 29th of December) they (CRPF)

had come for patrolling. They took away our (Tati Dasru’s, Tati Bamma’s and Padam

Sukku’s) knives which we use for collecting ‘tadi’. When we asked why our knives were

being taken away, they beat us.’ He continued, ‘when the CRPF/police come for patrolling

they take away our bows and arrows, axes, knives, and then we have to buy fresh pairs.

We cannot afford buying them all the time. Why should our necessary items be taken away

from us? The CRPF camp which is in Sarkeguda is on our patta land. Our pond which we

used for fishing is occupied by them. Our mango tree, tamarind trees ...all is theirs. If we

go there, they beat us. We want that the camp to be removed from here.’ The villagers

wanted wide circulation of the report of this fact-finding and were ready to come to Delhi if

invited.

Village Timmapur (visited on 30th December): Like everywhere else, threshing was going

on in Timmapur too. And schools were having half yearly exams. Timmapur village has six

‘paras’ and it is one of the few villages in this area from where people did not leave even during

the Salwa Judum days.When asked how come they escaped being displaced, the answer was

that the villagers decided that they will not vacate the village and they communicated it to the

SalwaJudum leaders that ‘come what may we are not moving out’. Their large numbers,

villagers believe, too could have helped them escape retribution.This was a village which had 360

households.

It was reported that 11 people had been made to surrender a couple of weeks before in

December 2014. Although the story about 11 surrenders from this village turned out not to be

true, it was learnt that five persons were arrested from Timmapur and sent to Dantewada

namely; Padam Sanu, s/o Padam Masa, Padam Lakhmu,s/o Padam Budhram, Awalam Mangu

s/o Awalam Lakhmu, Padam Jagdish s/o Padam Sentiya, and Oyam Mangu s/o Oyam Lakhmu.

The ubiquitous ‘permanent warrant’ was again mentioned. What were the charges against

them, under which sections of the IPC were they booked, and for what specific ‘crime’? None

of the villagers spoken to could answer this. Most of the people in Timmapur (or for that matter

in other villages too) were agitated over the threat posed by ‘warrants’, which they saw as

something meant to ensnare them.

One of the villagers, on assurance that his name would not be revealed, shared what he said

he learnt from people from Jedipara who came to inform him. Apparently, a fortnight earlier[mid-
December approximately], forces had entered Jedipara, a hamlet of Timmapur.The men folk

had run away leaving behind women, children and the aged. The women, he said had been

molested. His thin frame shook with anger when he narrated this. Shivering with rage he said

that they had ‘raped women’. He repeatedly used the phrase “kukarm kiya” (did bad things).

He kept saying that soldiers have been sent to ‘serve the people then why do they molest

women?’ He had himself witnessed how a woman with a baby was being taken to a ‘thana and

soldiers every now and then would touch her breasts and some poked their guns from

behind.’‘Instead of taking the women from the road leadingto the Timmapur camp, they

were taken through the forest road. What was the purpose of this?’ He said that post the

Sarkeguda massacre, the visits by reporters and human right groups did provide them with some

relief. And if such groups and individuals had not come, their situation would have been much

worse. ‘People fear soldiers and soldiers suspect villagers’, he said. He himself was picked

up in October2014 when a bomb exploded on the road that was being built near Timmapur.

When he remonstrated with the soldiers ‘why would we plant a bomb virtually in front of our

houses’, he was told to shut up. He was convinced that ‘this silsila(such conditions) will

continue.’ He did not foresee any end to this very soon. Apparently one time people were asked

to come to the camp to collect clothes and utensils. When they went, instead of getting utensils

and clothes, fourteen persons were picked up, of whom nine were released later while five were

arrested. (Named above) ‘What does this show’, he asked rhetorically?’That they lure people

and then arrest them’.

He questioned that since Maoists are ‘terrorists’, then why did the Government enlist

‘Sangham’ members and Maoists as SPOs? He said how easy it is for the ‘fauj’ (military) to kill

someone and dress him/ her in uniform and say they killed a Naxalite. He was worried if his

name is leaked, he would have to face ‘danger’ from the ‘fauj’ and the police.

 “Permanent Warrants”

1. The FIRs are mainly against “unknown Naxalites”- or a few named people and 50-200 unknown

others. Many times, the names in the FIR, if any, will be common village names such as Hidma, Ayatu,

Manglu etc. with no other identifying characteristics (father’s name unknown and village name unknown).

2. When the police investigate the complaint, they usually arrest a few people - 3-5 people in connection

with it, but in the chargesheets which they submit to the court, they list 15-35 people as accused -- the

remaining people not arrested are simply listed as “absconding”. Consequently, the number of so-called

“absconders” in this region is extremely high. It is estimated that every male resident in certain targeted

villages (and some important women) between the ages of 15 to 45 is listed in some chargesheet or another

as an “absconde.” Many are listed as “absconding” in multiple chargesheets.

3. These people are not really absconding - but they are simply not arrested by the police, and most of them

have no idea that they have been listed as an “absconder” in a particular chargesheet. However, after the

charge-sheet is submitted to the court, while committing the case for trial, the court issues permanent warrants

against all “absconders”. These warrants are with the police, basically authorizing them to arrest the accused

person immediately. They are usually executed at the will of the police and act as swords hanging over the heads

of villagers. This is how SoniSori had 6 outstanding warrants against her when she was arrested in the Essar case

even though she was a warden in a government run ashram school all this while. And her husband, Anil Futane,

had 4 outstanding warrants and her nephew, Lingaram Kodopi, had two warrants at the time of his arrest. In the

Sarkeguda massacre, when the CRPF shot dead 17 people including seven juveniles, they could immediately claim

that the dead were naxalites by producing outstanding permanent warrants against them, dating back several years.

4. The chargesheet presented before the court makes for hilarious reading. Technically for each person

against whom there is a permanent warrant, there should be a panchnama by the patwarisaying that this person

is “absconding” and his movable and immovable property has been/will be attached.Alleged eye witness

accounts used by the police state: “on seeing police, Maoists ran calling out to each other by names—‘run

Nagesh’/ ‘run Ayatu’" etc. In many cases this is the only evidence in the chargesheet against the said Nagesh

or Aayatu, on the basis of which arrest is made/ or permanent warrant issued.

5. With the return of S R Kalluri, as the IG (Bastar) there is a concerted move now to arrest people against

whom there are outstanding warrants. This is how people are being “surrendered” - all those who have

been living peacefully in their villages and who are well-known to the police are being told that the police

have a warrant against them, and either they surrender or they get arrested and face jail time. Now with

“surrenders” being questioned, the police are simply arresting people with permanent warrants against them.

These permanent warrants are also used for extortion by the police.

6. On 29th December 2014, the Bijapur police did a massive “clean-up” operation and in one day

arrested 32 people against whom there were these outstanding warrants from years ago Nai Dunia and

Jagaran of 31st December carried the news item. Where as Hitavad of 31st December published a separate

news item stating that five Maoists, including two women carrying reward of Rs two lakhs, surrendered.

The names of the two women are identical. One is Gattapalli Kutaru r/o Mitaki Modiyam and the other

Gattapalli Kutaru r/o Somali village. There was said to be a child Sannu Kudiyam with them, allegedly a Bal

Sangham member. All of them were given “encouragement” amount of Rs 5000 by the state government.

Incidents of Violation by Security Forces in Bijapur District (Nov 2012-Dec 2014)

Note: unless otherwise indicated, information is based on village accounts and the list does not

claim to be comprehensive. * Denotes other sources which are indicated below.

1. Korsaguda:, 18 Nov. 2012. A girl, Kakem Munni was shot and killed in the fields. Her

body was taken to the thana. Police arrested HemlaBheema, in connection with the case. He

was tortured in jail for 3 days. Later released. Another man, Hemla Chinnu was arrested.

Trial was going on in Dantewada.

2.* Pidiya and Dodi Tumnar:21-23 Jan. 2013. Detail: The police and the paramilitary CRPF,

STF, CAF, Cobra forces attacked Pidiya village near Gangalur, and Dodi Tumnar village in

Bijapur district and resorted to huge destruction. In Pidiya they barged into the homes, looted

them and later razed down twenty homes. In Dodi Tumnar security Forces razed down an

Ashram School run by the Krantikari Janatana Sarkar for both boys and girls.

3.* Korseli: 24-25 Feb. 2013. Paramilitary forces, Chhattisgarh police and STF attacked Korseli

village (Gangalur area, Bijapur district). Caught Comrade Salim (Sammi Reddy) who was leading

an ordinary life and shot him dead near Avunar village the next day.

4.* Kanchal: 9 March 2013. A woman Kunjam Deve died in firing by AP Grey Hounds near

Kanchal village (Usur Tehsil) and one woman was injured. The attack occurred when they

came to take water from a water body. Later they took the dead body of Deve and the injured

woman in a helicopter, put uniforms on them and declared them naxalites.

5 *Edesmeta: 17 May 2013. CRPF soldiers killed 8 adivasis, among them 4 minors. 4 more

were injured.

6. Kottagudem: June 2013. Oyam Bhima and Dodi Lakma picked up and tortured brutally by

forces. Sent to Dantewada jail. Bhima came out in October 2014. Lakma is still inside.

7. Kottagudem: 28 Aug, 2014. Dodi Aayatu shot dead. Promise of two lakh in compensation

by Thana-in-charge of Basguda was not met.

8.Kottagudem: October 2014. A 400 strong force led by SPO ‘Shankar’ of Polampalli and

Tati Ramesh of Murguda came to the village and beat the villagers injuring nine persons including

3 kids.

9. Kottagudem: October 2014. One woman was raped. Additional details not available.

10. Pusbaka: October 2014. Theft, looting, wanton destruction by SPOs. Stealing chickens,

grain, breaking vessels, forced entry, forcing villagers to have one SPO stay at each house

around Diwali.

11* ChhoteTongpal: 26 Nov. 2014. Villagers beaten by police. Many sustained fractures. 26

villagers picked up but 15 arrested. Though villagers tried to get FIR registered against police,

they refused.

12.Sarkeguda: 15 Dec. 2014. Irpa Krishna, Irpa Baburao, Irpa Kanna, Irpa Nagesh f/o Irpa

Kanna, Modim Dinesh, Irpa Mahesh, Irpa Ganpat, Irpa Nagesh f/o Irpa C Handresh, Madkam

Nagesh, Irpa Lachha, Irpa Manoj were frog marched to camp by COBRA units. They were

also threatened. In the camp they were forced to clear shrubs.

13. Jedipara, near Timmapur: 15 Dec .2014. Security forces raped women. Additional details

not available.

14. * ChhoteTongpal: 20 Dec. 2014. Village ex-sarpanch Mukka Kawasi arrested on 20

December 2014 for speaking to media on fake surrenders and failure to register FIRs.

15.Pechepara near Rajpeta: 29 Dec. 2014. At 5 am the police entered the house of Krishna,

stated that they had warrant for Soyam Potti and were searching for him. Soyam Potti released

later following intervention by village members.

16.* Basaguda Thana Area: 29 Dec. 2014. Police arrested 32 people belonging to many

villages under Basaguda Thana, alleging they were naxalites. All of them had outstanding/

permanent warrants from years ago.

17. Korsaguda: 29 Dec. 2014. CRPF soldiers seize knives used for collecting ‘tadi’. On asking

reason for confiscation, the villagers are beaten up.

18.Timmapur: Dec. 2014. Five persons arrested; Padam Sanu, s/o Padam Masa, Padam

Lakhmu, s/o Padam Budhram, Awalam Mangu s/o Awalam Lakhmu, Padam Jagdish s/o Padam

Sentiya, and Oyam Mangu s/o OyamLakhmu. All sent to Dantewada prison. Nature of crime,

charges etc. not known to anyone. Fear of ‘permanent warrants’ among villagers.

19.Billipara: Dec. 2014. Two boys Oyam Somlu s/o of Pasndu, age 45, and Puinam Chinu s/o

Aaytu, age 25, arrested and brought to the police station. Three cases each against the two.

20. Lingagiri: Dec. 2014. Five persons picked up to do ‘begar’ in the camp.

Sources: Anil Mishra, “Another Volley of Bullets for Bastar’sTribals”: http://www.tehelka.com/

another-volley-of-bullets-for-bastars-tribals/;Bela Bhatia, “Police Complaint to In-Charge, Gangalur PS,

Regarding Burning of Houses and Destruction of Households in Pidia Village: http://sanhati.com/

articles/6101/; DSU (Democratic Students’ Union), “Chhattisgarh—Preliminary Report on the Fact

Finding in Bijapur”:http://sanhati.com/articles/6231/; Suvojit Bagchi, “In South Bastar, grim battles on

to retake Maoist bases :http:// www.thehindu.com/todays-paper/tp-national/in-south-bastar-grim-
battles-on-to-retake-maoist-bases /article4734555.ece; Press Releases of CPI (Maoist) (http://

www.bannedthought.net/India/ CPI-Maoist Docs/#2013); Supriya Sharma, “An Ill Sowing

Festival”:http://www.outlookindia.com/printarticle.aspx?285796and, “Villagers Dispute Claims of

Andhra Police in Chhattisgarh Encounter”: http://timesofindia.indiatimes.com/india/Villagers-dispute-
claims-of-Andhra-police-in-Chhattisgarh-encounter/articleshow/19002528.c; See also: http://

khabar.ndtv.com/video/show/news/bastar-tribals-forced-to-surrender-348926; and, http://

naidunia.jagran.com/search/bijapur-

Chapter 2

Some Aspects of Life in a War-Zone: Roads, Transport, Camps

Truth is the first casualty of war. And denial of presence of armed conflict an act of deceit.

The Government knows Bastar is a war-zone. The two military forces here, state and non-state,

the government and the PLGA (People’s Liberation Guerrilla Army), wear uniforms meant to

distinguish them from civilians whenever an encounter takes place. Article 48 of the Additional

Protocol I to the Geneva Convention explicitly defines the principle of distinction on which the

laws of war rest:

“In order to ensure respect for and protection of the civilian population and civilian

objects, the Parties to a conflict are required at all times to distinguish between the civilian

population and combatants and between civilian objects and military objectives and

accordingly must conduct their operations only against military objectives”.

However in its words and its actions, as reported by the Adivasis, the ‘armed forces of the

Union’ ignore that Bastar is a war-zone. They routinely violate the fundamental principles of

distinction mentioned above, in multiple ways; for example, 'proving' that ordinary civilians were

Maoists simply by clothing their deceased bodies in the uniforms worn by PLGA cadres.

Road Barriers / Check-posts: The entire strategy of area domination is premised on the

idea of saturating an area with massive troop deployment. Thus, military domination by setting up

new camps and anincrease in company and battalion strength, is one part of it; the other being

regular patrolling inside the forests either daily or periodically in the area considered the ‘red

zone’ in military parlance. Camps are present on the highways as well as close to forest villages

inside. Between Bijapur and Basaguda, a distance of 50 kms, there are seven camps with one

inside in Sarkeguda. There are a number of police stations in this block.Troops are armed and

they control the traffic on the road through their military check-posts/barriers outside their camps.

Traffic does not move without road opening exercise by the CRPF every morning. Only three

buses ply between Bijapur and Basaguda and the buses leaves between seven and then nine in

the morning and the last bus leaves at 3 pm. The many check-posts on the road from Bijapur to

Basaguda reduce movement. The soldiers can demand to know from travelers their identity,

where one is headed, the purpose, or person they are going to meet...and detain for hours

anyone travelling on the road. This does not seem to Adivasis to be anything remotely meant to

‘protect’ them. When asked about their views on road building activity, the villagers’ responses

showed that they were against it if it meant bringing in more troops and setting up of more

camps.

Roads...To Where and For Whom:Additional DG of Chhattisgarh Police, RK Vij, wrote

in the Indian Express on December 6th, 2014 that “(m)any more camps are needed to move into

such vacuums and restrict Maoist movement. The setting up of mobile towers over the next year

may improve telecom connectivity around the security camps but the construction of roads

remains a major challenge. Approach roads to security camps are essential to maintain their

supply lines and meet other administrative needs.”

The use of roads and securing them to protect supply lines of the military forces on the

ground shows clearly what is guiding road building operations. Bringing more troops and setting

up of new camps is on the anvil; for which securing the ‘supply lines’ is a very important exercise.

Building roads acquires even more strategic importance in the context ofincreased military presence

towards area domination. The presence of large number of troops along with barriers on them makes

roads more insecure.There are several more on the road from Bijapur to Basaguda. This reduces

movement on the road. Travel on roads has become that much more risky and far less smooth.

Military Personnel Travelling in Civilian Vehicles: Government forces travelling in

civilian buses bearing arms are an everyday affair in these parts. This is in clear defiance of

what constitutes basic dos and don’ts during armed conflict. Article 8 of the Rome Statute of the

International Criminal Code defines War Crimes. Its clause (2)sub clause(e) “applies to armed

conflicts that take place in the territory of a State when there is protracted armed conflict

between governmental authorities and organized armed groups or between such groups.”(See

clause f). Clause 2 Sub clause(e) (i) outlaws “intentionally directing attacks against the civilian

populations as such or against individual civilians not taking direct part in hostilities.” Clause 2(c)

which applies to ‘armed conflicts not of an international character’outlaws the following acts

committed against persons taking no active part in the hostilities: (i) Violence to life and person, in

particular murder of all kinds, mutilation, cruel treatment and torture; (ii) Committing outrages upon

personal dignity, in particular humiliating and degradingtreatment; (iii) Taking of hostages.

The same Article 8 through its clause (2) sub clause(b) (xxiii) outlaws ‘Utilizing the presence

of a civilian or other protected person to render certain points, areas or military forces immune

from military operations’. It thus clearlyconsiders use of civilians as human shields a war crime.

(While it may be argued that strictly as per the letter of the law, Article 8 clause 2 sub clause b)

is about international conflicts, it is but logical that this apply to internal armed conflicts as well).This

‘war crime’ gets committed every day for Adivasis travelling between Basaguda and Bijapur,

when armed personnel board their buses.

It may well be argued that India is not covered by ICC, since it is not a signatory to it. But

ICC encapsulates into law the dos and don’ts of war which flow from Geneva Convention and

Protocols, to which India is a signatory too.Even if India claims not to be covered by ICC or

willingly goes against Geneva Convention and Protocols, surely common sense should guide

us. Having deployed masses of troops and military among civilians, it is the obligation of the

Government to ensure that the forces do not put civilians at risk. The responsibility to provide

its personnel adequate transport lies with the government. If it cannot ensure transportation

for their troops, the Government has no business putting them there in the first place. They

most certainly cannot be allowed to travel in civilian buses bearing arms using civilians as

‘human shields’ or use them virtually as ‘hostages’ for the duration of their travel to ensure

their own safety.The fact that not all the security personnel are in uniform but in ‘civvies’,

compounds the crime.

By travelling on civilian buses armed soldiers are not protecting civilians but are ironically

using them to protect themselves from coming under attack. All the buses plying between

Basaguda and Bijapur have soldiers travelling in them. Civilian transport provides multiple

safeguards for the security forces as a) their own official vehicles are military targets and

therefore better avoided, even when available; b)the Maoists in general do not target civilian

buses;c) in case of an ambush, they can use the civilians as hostages.But the soldiers’ presence

increases the chances of the buses being attacked. The civilian passengers don’t have a choice

in the matter having no alternative transport.Placing civilians ata grave risk for their own protection

is a cowardly act. One committed every day hereabouts.

In all incidents where Maoists have targeted passenger buses being used by soldiers, it has

been admitted by senior police officers that there is Standard Operating Procedure (SOP) which

forbids their personnel from travelling on civilian vehicles. The standard response is thus to shift

the blame onto individual personnel for violating the SOP. However, the real reason behind such

SOPs is to prevent information being leaked to ‘rebels’. It does not emanate from ensuring that

civilians are not put at risk. Or,that soldiers should not use civilians to protect themselves.These

are clear instances of civilians being used as ‘human shields’, or as hostages, which are outlawed

by rules which govern prosecution of wars. The government’s lack of seriousness on the issue of

civilians’ safety is apparent from the routine presence of security personnel travelling in buses.

All the buses between Bijapur and Basaguda have soldiers travelling in them. The 7 o' clock bus

on 30th December was more than half filled with armed soldiers. The other half comprised

babies, children, women, men young and aged, policemen with two villagers picked up from

Billipara on 29th December and police personnel accompanying them with arms. There is an

irony, therefore, about road building in these parts. Rather than improving mobility and

communication for villagers, the presence of large number of troops along with barriers on the

roads, make travel much more risky and far less smooth.

Overwhelming Opposition to Camps: When asked whether they feared the ‘anderwale’,

i.e. the Maoists, the villagers responded by saying that the andarwale didn’t beat, kill, rape or

molest women, or steal from them. Beyond that they were unwilling to speak. But the villagers

said that these very same soldiers are scared of ‘andarwale’ as they strongly resist and target

the military’s road building efforts. The recurrent incidence of bombs exploding or being found,

followed by crackdown on the villagers is not the gravest challenge to deal with as the biggest

problem for the villagers is the continuance of the camps. It was, in fact, said by some that

camps and road building had triggered the bomb explosions. There is no doubt that removal of

camps was a popular and shared demand. The everyday fear of harassment weighs heavily on

them. The hatred of the forces was palpable among those spoken with, both in their agitated tone

and words. The rage at not being allowed to move around as they once used to, to carry their

traditional weapons and use implements of work, the decline in agricultural activities, the beatings,

sexual violence, forcible entry into homes, looting,and the wanton destruction by the forces and

insecurity about future, was palpable. Some even asked if they did right by returning to their

villages, and if they ought to leave?

The villagers see the camps as the source of their troubles. Initially trouble meant the

SalwaJudum, now trouble comes in the form of setting up camps as part of area domination

strategy of the military forces, which includes roads being built and guarded by the forces. Many

villagers wondered whether the government actually wanted them to be out. They wondered if

it was part of some design to force people out, not as done through the SalwaJudum earlier, but

through a mix of periodic killings and harassment on a routine basis. KamleshJhadi, member of

the Communist Party of India from Bijpaur, reiterated his demand, in line with the demands of his

party comrades, of the removal of all military camps from Bastar. Throughout the entire fact-
finding one could not find any single instance of support for the CRPF, Chhattisgarh Armed

Forces or CoBRA. Indeed, watching the patrolling soldiers armed with their weapons and guard

dogs against the disarmed Adivasis' leave an indelible image—of cocky soldiers lauding over civilians.

Special Police Officers/SPOs: Significantly, although SPOs are detested, there is also sympathy

for them. As Adivasi youth, including some surrendered Maoists, the SPOs were earlier referred to as

Koya Commandos by the army. Post the 2011 judgement by the Supreme Court which ordered their

immediate disbanding and disarmament, they continue to operate, albeit, ‘legitimately’, as the Chhattisgarh

government has officially inducted them into the constabulary as an ‘auxiliary force’. Many villagers said

that the SPOs too are Adivasis and it is the Judum which has effectively pitted them against each other.

The villagers see in the Salwa Judum a cataclysmic event which has devastated them most. The SPOs

are a part of that process of devastation as they oppress the villagers and enjoy the immunities available

to soldiers and jawans. At the same time, the villagers pointed out, the SPOs are compelled to carry out

onerous tasks and are used as ‘coolies’ by the soldiers. They run errands for police officers and military

commanders. And even the jawans of the para military force order them around. It seems that ‘graded

inequality’ is deeply embedded within the military even while the SPOs play a significant role in assisting

the troops in the present interface between the camps and villagers.

Chapter 3

The Lawless Force

The villagers are angry and they want to tell what angers them. Throughout the fact-finding,

people came to the impromptu meetings in order to tell their side of the story. Of course, a limited

fact-finding which is forever constrained by the constraints of time can hardly do justice to the

problems raised. Paucity of time coupled with the problem of distances between villages imposes

certain structural restrictions, endemic to fact-findings, on these meetings. As a result, the

discussions were mainly directed towards understanding the immediate concerns, and inquiries

into some disturbing matters, such as those of sexual assault which require greater time, could

not be completed. Despite these limitations, it was clear that there was another, more obvious

reason for their inhibition and reluctance from sharing easily: the fear of retribution from the

police for speaking. This fear is entrenched as the shadows of the camps and those of the

patrolling personnel have fettered their lives.

ChhoteTongpal is one of the villages where the villagers were beaten up on 26th November

2014 and, where 26 young men were also picked up out of which 15 were then arrested.Mukka

Kawasithe, ex-Sarpanch of ChhoteTongpal, was also arrested. Mukka’s crime was to appear in

an NDTV interview, to speak on forced surrenders of innocent villagers by the police and,how

the villagers have been trying toget an FIR registered against the forces for beating them. In this

latter case, the court, on 18th December, ordered the police station to submit their report in the

next hearing. Mukka’s interview was aired on 19th December 2014 (http://khabar.ndtv.com/

video/show/news/bastar-tribals-forced-to-surrender-348926) and he was picked up around 1

p.m. from Kukanar bazaar (haat) the very next day. The news channel also carried the news of

his arrest but naively suggested that the arrest had nothing to do with the interview! (http://

khabar.ndtv.com/news/india/sukma-tribesman-who-talked-to-ndtv-india-detained-715600)

At the same time, when the villagers of ChhoteTongpal who were beaten up on the 26th of

November tried to register the FIR against the police the next day, the police refused. The

Superintendent of Police assured them that he would register the FIR after an “inquiry” was

conducted, but till date, no FIR has been registered. Shockingly, the MLCs from district government

hospitals in Sukma and Jagdalpur confirm that some villagers had sustained fractures, making it a

cognizable offence – in which case it is mandatory for the police to immediately register an FIR.

Even the CJM of Sukma, after being presented with an application u/s 156 (3) of Cr.PC on

18.12.2014 seeking the registration of an FIR has merely asked the police to expedite the inquiry

and not asked them to register the FIR (http://www.thehindu.com/news/national/other-states/police-
went-on-the-rampage-in-chhattisgarh-villages-say-residents/article6670955.ece). Getting an FIR

registered has thus become a difficult task as only a court can order the police to do so and they

take a very long time indeed to do so. So although the Collector has asked people to write to him

with their complaint, villagers are not sure it will get anywhere. Importantly, till date the commission

of inquiry constituted by the State Government after the Sarkeguda massacre has not concluded its

work and, even if they do there is no way of knowing what will become of the demand for bringing

the perpetrators to justice.

Arrests and Cases: While there’s been nothing to show that the state is serious in controlling

its personnel from committing everyday crimes in the area, there’s a continuous spate of arrests

and filing of cases against the villagers. The apprehensions of the villagers are corroborated by

the Report of the High Level Committee headed by Virginius Xaxa, constituted by the

Ministry of Tribal Affairs and submitted to the government in May 2014. On pg. 356, the Committee

notes that:

“ A large number of tribals are languishing in jails for long years without their trial

concluding.....Here too, after the first FIR lodged against them , there would be further

FIRs filed over a period of time implicating them (tribals) in various episodes of violence.

Persons charged with naxal offences find it extremely difficult to get bail, so end up spending

long years in jail. Trials do not conclude in many cases because official witnesses were

absent. This may happen because a member of paramilitary force cited as prosecution

witness had been repatriated with his unit and was no longer in the state.....The committee

also met with criminal lawyers...(who) assessed that over 95 per cent of the cases were

baseless... In reply to an RTI application, the court registers for all cases disposed of,

between 2005 and2012, revealed that average rate of acquittal over these years was 95.7

per cent.”

Not surprisingly, the fear of arrest is a very real one for the Adivasis. Apart from the fear of

being locked up for years in jail, the exorbitant legal fees (reportedly, Rs 20,000 for each case),

the expensesincurred in making court related trips to Dantewada and, the sheer wait for trials to

commence and end—such a process can easily exhaust and deprive families of their resources

and energy. These fears are compounded by the fact that there is hardly any possibility of ever

filing cases against the paramilitary. As the villagers argue, the police and military (“fauj”) use

‘warrants’ to threaten them into silence, if not submission.

Permanent Warrants:In such a scenario, the use of ‘permanent warrants’ becomes an

issue of grave concern for the Adivasis. How many such ‘Permanent Warrants’ are there in

Bastar? One was informed that there are at least 22,000 such warrants issued in the period,

2000—2014. How many of these are issued by the court? How many people are named in

chargesheets/challans? The villagers said that there were from 50-200Adivasis named per

warrantissued by the police. These warrants do not include details such as the father’s name or

the name of the village of those named. In several instances, the warrants were issued against

unnamed people. All of them have been declared ‘absconders’. In other words, it means that

there are roughly 1.1 million to 4.4 million ‘absconders’ in Bastar as per the police record!

A closer examination of the problem reveals the sheer enormity of the prevailing situation.

For instance, in Bijapur district alone there are 1000 such warrants. The number of ‘absconders’

in Bijapur could be anywhere between 50,000 to 200, 000, for a total population of 255,230!Even

if there are multiple warrants against one person, named or unnamed, the sheer scale of

‘absconding’Adivasis reveals that an entire people have been turned into accused. It is another

way of saying that the government has declared war against millions of our own people and, the

sordid reality is that the war against the Maoists is a war being prosecuted against the Adivasis.

Impunity: The situation raises a serious question, whether the government forces have

been given a carte blanche from their seniors, or do they work on orders from political authorities?

Refusing to even register an FIR constitutes a clear violation of the Supreme Court’s guidelines

as laid down in Lalita Kumari vs. Govt. of UP, 2013 where the apex court held that registration

of FIRs is mandatory for any cognizable offence, under section 154, Cr.PC. But here in Bastar,

there is no effort on the part of senior officers to ensure that these guidelines are followed. All in

all, this sends a clear message to the field troops that they are allowed to operate asa law unto

themselves. Is this not what the Union government intended when its Home Minister, Rajnath

Singh, stated at the 33rd symposium of police training institution in Jaipur on 3rd September, 2014

that, “As Uttar Pradesh Chief Minister, I had assured police force of full freedom from hassle

of human rights commission while dealing with Maoists”?In the same symposium, Singh assured

the present police chiefs that under his stewardship in UP, his men in uniform were exempt from

worries of human rights violations and commissions of inquiry: “I told them that they need not

worry about the commission as I was there to face its ire,”

The villagers point out that soldiers consider them to be either Maoists or Maoist supporters.

If any incident occurs, the villagers bear the brunt of soldiers’ anger. The common arguments

that it is the Maoists who compel them to put their lives at risk, or that, ‘both sides’ should desist,

fails to impress them. Their answers repeatedly return to how their security and safety was

threatened by the camps and that such things did not happen before the Salwa Judum when

there were no camps. When asked if it meant that since theSalwa Judumthese camps have

come up and thatis the root cause, they concurred. Even if massacres have not recurred, the fact

they took place in the immediate past is a reminder of what can happen to them. If the Sarkeguda

massacre shook them in 2012, then Edasmeta killings in Bijapur district where 8 villagers including

three children were shot dead on 17th May 2013 reminded them of what the forces were capable

of doing. Killing of Adivasis every now and then, arrests and incidence of harassment and

threats are routine. Stealing few hundred or thousand rupees may appear inconsequential to

many outsiders. But when it is placed against the cash earnings of Adivasis,who make, at most,

Rs 15-20,000 per annum from working on chilli farms or from sale of minor forest produce, then

the loss can be placed in a perspective and its relative immensity for Adivasisbe fathomed.Since

the Adivasis can be picked up any time, the fear of detention is coupled with the humiliation of

‘begar’. The point about the camps is not restricted to the problem of probable arrests and

forced detention; it is equally about normalizing reprehensible feudal attitudes in the name of

defeating Maoism. Thus, these camps have shaken the villagers’ confidence and increased their

insecurities as they are subjected to the “period and daily” harassments and humiliations, along

with incarceration and mounting legal expenses. All of this strengthens their resolve to demand

the removal of the camps.

Militarization, Mining, Environment and Health: A decline of agriculture, declining

quality of water and water bodies, thinning of forest cover in the region, are all visible to the

naked eye. Could there then be a causal link between iron ore mining in Bailadila and degradation

of the surrounding area and its flora, fauna, human settlements? Could the illness people spoke

of, high fever, nausea and retching, be related towater contamination in these parts? In a recent

study [“Environmental Impact due to iron ore mining in Chhattisgarh”, Recent Research in

Science and Technology, 2014, 6 (1): 27-29], Bhumika Das suggests that mining has an adverse

impact on surrounding environment, including surfaces and ground water. Besides chemicals

used for mining, the runoffs from rock debris and the dumping of the runoffs in surface waters,

all increase the possibility of water and soil contamination. Das particularly draws attention to

how the method of open cast mining which uses heavy machinery to extract the iron ore from

‘open pits’ has an immediate, adverse impact on the environment. The demonstrable evidence of

the contaminated rivers, Shankhini and Dankini, are living proofs of such damage having already

occurred.

It is no secret that the policy of attracting and securing FDI in mining is one of the major

motives behind Operation Green Hunt. Apart from the difficulties brought by Operation Green

Hunt and the war against the Maoists, the acceleration of ironore mining threatens to bring an

augmentation in the environmental pollution and in the destruction of the self-sustaining economy

of the Adivasis. A sharper understanding of this problem emerges when one bears in mind the

studied indifference of the Central and state governments towards these problems and in

theiractive continuance of the discredited policy of unbridled exploitation of mineral resources.

The Adivasis who have been and are actively kept out of having a say in their future, are left to

suffer the fruits of such‘development’.

Conclusion

Counter-insurgency is meant to target those very people whom the forces are also said to

‘protect’ or win over. In other words, since the Adivasis are suspected to be hand in glove with the

Maoists, therefore, every time a bomb blasts causes casualty, soldiers attack the villagers. The

irony lies in the fact that the troops are stationed there in order to ‘protect’ the Adivasis! Quite

clearly, the idea is to erode the Adivasi will in resisting the state and in compelling them to be

receptive towardsofficial overtures. In such a situation, where officially it is deniedthat Bastaris a

war-zone, the rule of law also does not prevail. This makes for a ‘kafkaesque’ situation, where the

full might of law targets Adivasis and the executive protects the soldiers by ensuring that sanction

is not given for prosecution of soldiers and officers for war crimes committed in ‘line of duty’.

Consequently, the standard rules of engagement are never adhered to because the situation of war

is never admitted to. It needs to be noted that while the soldiers are all armed, the Adivasis are

prevented from bearing their traditional arms such as bow and arrow in Schedule areas. Such

military diktats which turns a constitutional right into a criminal act-is only possible in a war-zone.

The truth that in a war-zone the military calls the shots has now been sanctified. The Integrated

Action Plan (IAP) was conceived by the Planning Commission under UPA II Government as a

way to engage Gram Sabhas and bring ‘development’ to those districts where Maoists/Naxalites

were strong. Until now the IAP was implemented by the trinity of Collector, Superintendent of

Police and District Forest Officers(under pressure from Ministry of Home Affairs) arguing that

local bodies were weak or non-existent in most places. Now, under theNDA Government, the

Central Paramilitary Forces will get a say in the IAP spending. And, unlike in the past where the

district was the unit for disbursement of funds,now it will be decided at the block level, a process

which will only enhance the role of the military. Consequently, the divestment of authority which

Fifth Schedule, PESA or FRA envisaged for Gram Sabhas is being totally subverted as the

military has been elevated as one of the major deciders of fund allocation.

India’s domestic laws and judiciary also have fallen short of ensuring protection to civilians.

Instead, the executive’s authority to wage war has been upheld as constitutional and legal immunity

to armed personnel involved in war crimes has been strengthened. The most the apex court has

done is to show its concern by either granting compensation to victims, or in raising the compensation

amount. The High Empowered Committee set up by the Ministry of Tribal Affairs noted in its

report the reluctance of courts to give bail to those implicated in ‘naxal offence’, even though,

“naxal offence” does not mean a cognizable crime; it is a euphemism for charging people under

serious sections of IPC, Arms Act or the Explosives Substances Act on grounds of being a Maoist

supporter or sympathizer. As this report shows, all Adivasis living in Bijapur are suspects in the eyes

of the law and many are picked up and thrown into jail for precisely this. Significantly, following the

kidnapping of the Sukma district collector, the State Government, in May 2012, set up a committee

headed by Nirmala Buch to review the delay in prosecution of Adivasi undertrials in Chhattisgarh.

The one “relief” the Buch Committee proposed was that bail should be granted on grounds of

poverty or ill-health. The Committee continues to meet every once in a while and releases a list of

Advisasis in whose cases the prosecution is advisednot to oppose bail. But the Committee has not

bothered to even once examine the issue of permanent warrants and demand a judicial review of

the cases.

Consequently, the periodic massacres and daily harassment that the Adivasis suffer which remain

unreported have assumed grave concern. The regular patrols by masses of troops, presence of armed

combatants in buses and on the roads, intimidation of people while at work, home or in open fields or

while travelling—all these and more show how the overt violence of the Salwa Judum has been

replaced by more calibrated violence which is daily, routine and constant. The impact of the dual

strategy of ‘periodic and daily’ violations easily threatens the Adivasis from talking freely and sharing

information. In several instances, villagers would say ‘so and so’ will speak for us. They would speak

only if a question was posed, or if someone had something specific to say. Additionally, they are denied

access to any official information concerning their area. For instance, whilst people fear that as many

as 300 villages will get submerged by Polavaram Dam, the official report of the Central Empowered

Committee, 2006 mentions four settlements with 2335 families, including 11,766 people will be affected

by the dam. So what is the truth? Are the fears unfounded? If so, then why has no information been

provided to assuage the insecurity experienced by the project?

In every instance during the fact-finding, it was clear that the government forces are considered as

predators. Their very name sends that message-’Cobra’, ‘Greyhounds’. It is remarkable how something

as inane sounding as ‘CRPF’ has, however, also become a pejorative term in these parts. Are these

forces only living up to carry out the task assigned to them? What if this task, to bring a people to

submission in order to accelerate mining activities, and degradation of environment, is contested by the

people? Are soldiers and officers even aware of this contested reality? Do they have an opinion? Does

this inform how they act on the ground? These questions are not rhetorical. This is what happened in

Saranda (Jharkhand), where Maoists moved out in 2011 and the CRPF moved in with nineteen camps

to enable mining activity. In Rowghat (Chhattisgarh) the process is on but is being resisted; as it is in the

area of the fact-finding, all around in the Bailadila mining belt. There is nothing noble in this venture being

pursued. Ignoble is an apt word to describe the way Indian military fights to ‘sanitise’ an area in order that

a contested ‘development’ model is rammed down people’s throat.

Nine villages covered in three nights and four days may not capture the reality in all its

macro and micro dimensions. Yet, it is a representative microcosm of the reality in the war-zone

if the vantage point from which we perceive reality shifts from where the official order operates

to one where it does not. War sharpens all perceptions. It cannot be otherwise, when ‘kill or get

killed’ is the rule that governs war. Likelihood of death hovers all the time. So long as it is two

uniformed forces fighting a guerilla war, they are both obligated to follow the highest standards

of engagement; that is, if they are true to their declared lofty goals. But both sides are forbidden

from endangering civilian lives. In the present context, while both sides have erred yet, as a

matter of fact, the Maoists, by all accounts, have done less harm and have acted more responsibly

towards civilians. Most importantly they are not feared, despite being guilty of war crimes. It

sets them apart from government forces as they are deeply embedded among the people.

The paradox is that the Government argues in favour of prosecution of war, wiping out

‘Naxalism’, before commencing “development”. Thus for the time being, private corporations

have put their new projects on hold until such time the forests are cleared of Maoists as it is felt

that if the projects were to commence, the Adivasi resistance may be revived. However, public

sector corporations are expanding their activity here. Two new mines will begin production in

Bailadila and a joint venture of NMDC-CMDC integrated steel plant is coming up at Nagarnar.

This warped development that the Government is bent upon pushing is clearly guided by the

policy of opening up of forest land for corporate exploitation. The thinning of Adivasi population

in settlements has the happy consequence for corporates to make an easier acquisition of leveled

land ready for picking. As a result the local economy, especially agriculture, is being allowed to

decelerate and the matter is viewed either as an acceptable consequence, or a necessary collateral

damage caused by intensified operations. The hypocritical claims of senior police officers,

commanders, and government leaders about ‘protecting’ the civilians from the Maoists, hides

this sinister reality.

It is not the Maoists who are preventing farming; it is the conduct of the government forces

which is bringing this about. That such conduct violates every Constitutional provision and law

meant to protect Adivasis obviously does not matter to the Government. Food and shelter is

something that is available to children at home too. Education too was once accessible through

the state government run schools. Instead of improving this system, these schools are being

deliberately run down and children are compelled to study in ashram schools. Consequently,

children are forcibly being separated from ‘natural’ surroundings of their lived culture and emotional

security of home. They are confined in enclosed spaces with a regimented life. Is this not a sign

of indoctrination, of drawing them into the ‘mainstream’ by making their physical surrounding

inhospitable? That this mocks at the assurance and promise of “sustainable development” is not

a matter which greatly troubles the Government.

NMDC together with CMDC are starting two new mines in Bailadila hills. The military

objective appears to be to protect this investment. The problem posed to the environment by

NMDC’s two large open cast mines at Kirandul and Bacheli, including pollution of Shankhini and

Dankhini rivers, are going to get much worse. The issue of land and forest land, which is at the

very heart of the self-economy of the Adivasi life and which also nurtures their self-identity, is

under assault. To be physically ousted or driven away by the dwindling forests and degrading

natural environment is what awaits Adivasis. What these nine village exhibit is not very different

across Bastar. With variations no doubt, but manifesting more of the same, it makes for a shared

reality. Warrants and absconders represent the legal war, as violent as the baton or bullet, probably

more lethal as their staggering numbers vouch for. Surely, 1.1 million to 4.4 million unnamed

‘absconders’, is a mark of the state going berserk. Is it not? While the Union Government may

believe that their forces will wipe out ‘Naxalwad’ in three years, in these parts, people believe in

Kamlesh Jhadi’s parting words, ‘aap aadmi ko maar sakte hain, vichardhara ko nahi’(,you can

kill a person, but you cannot kill an ideology.)

Cover 1

(Title of the Report)

Murder, Protest, and Police Repression in Revali:

On 6th January 2015, security forces entered the village of Revali in Dantewada District and

shot dead Bhima Nupo around 10:00 a.m. Nupo, a forty year old man and father of five, was

unarmed and had gone to collect firewood in the forest with his wife. The firing was unprovoked

and the entire incident was witnessed by Nupo’s wife,Budhri. The security personnel then

proceeded to beat up villagers and took away some of their poultry, money and other

belongings. When Budhri and the village sarpanch went to the Nakulnar police station to record

an FIR, they were intimidated by the police. Instead of recording an FIR against the security

forces, the police registered a case against ‘unknown, uniformed and armed Maoists’, despite

Budhri’s clear statement that her husband was killed by the police.

Consequently, the incensed villagers along with Soni Sori and the Jagdalpur Legal Aid

Groupdecided to gherao the SP and Collector of Dantewada to demand compensation and

investigation. A protest march was held on 16th January with around 8,000 villagers from 20

panchayats, led by Soni Sori and local panchayat leaders. There was tremendous pressure from

heavily armed police, SDOP, the Tehsildar, the Thana- in-charges of Nakulnar, Bacheli and other

thanas to stop the march. The excuse provided was that section 144 had been imposed under the

Election Code of Conduct for the Panchayat elections which disallows gathering of more than 5

persons. The villagers were stopped from proceeding to Dantewada and were herded into a

stadium in Hitawad. Despite the persistent presence of armed police personnel, the determined,

yet peaceful protest compelled the SDM, Haresh Mandavi, and ASP NareshSahu to meet the

sarpanches,Soni Sori and the family of Nupo Bhima. While the Collector and SP refused to meet

the delegation, the SDM and ASP agreed to the demands of a judicial inquiry and an initial

amount of Rs5 lakh as compensation, within ten days.

 However within a few hours the SP and Collector denied to the media that they had agreed

to the villagers’ demands. The Collector, K C Devsenapati, stated that prima facie there was no

evidence to establish as to who killed Bhima. The SP Dantewada denied that security personnel

were involved in the killing and said that the incident occurred after the forces had ‘returned

from the region’. Worse, the local police of Nakulnar PS went on record to say that the allegations

against the police were false; that the FIR was lodged as per the villagers’ testimonies which

clearly said that the Maoists had killed Bhima. Under these circumstances, where the officials

have already arrived at a decision, the inquiry conducted will be nothing more than a farce.

 It is clear that the security forces are being given a clean chit by the authorities. But the

authorities have accused Nupo Bhima’s wife, Budhri and all the other villagers of lying. FIRs have

been filed against Budhri, Rakesh (Sarpanch of Rewali), Soni Sori, sarpanchs of other villages,

women who went with Budhri to file the FIR after Nupo Bhima died, various AAP members who

were present in support of the march, and many other villagers who were part of the rally.

List of Available PUDR Reports on Chhattisgarh

1.When the State makes War on Its Own People: Violations of People’s

Rights during the SalwaJudum, May, 2006 (Joint Report)

2. Casting the Net Wider: The Chhattisgarh Special Public Security Act,

2006, June, 2006 (PUDR)

3. Through the Lens of National Security: A report on the Arrest of Dr.

Binayak Sen of PUCL Chhattisgarh , February, 2008 (PUDR),

4.Of Human Bondage: An Account of Hostage Taking in Bastar,

March, 2011 (CDRO)*

5. Zindagiyon ki Keemat (Hindi of above)

6. Anything Goes...In the Name of National Security: The Story of Soni Sori,

March, 2012 (Joint Report)

7.Who is the State Hunting? (A report on some incidents of massacres by

Security Forces and Salwa Judum under Operation Green Hunt, in Bijapur

and Dantewada districts of Chhattisgarh between 2009- 2012),

September, 2012 (CDRO)

8.Working Against Odds: Condition of Workers in the Cement Industry in

Chattisgarh, November, 2012 (PUDR)

*Co-ordination of Democratic Rights Organisations (CDRO). For PUDR and

CDRO press statements on Chhattisgarh see: www.pudr.org
Preface

Since June-July 2014, reports have been filtering in regarding the intensification of Operation

Green Hunt in the forest villages of Bijapur district of Chhattisgarh. Civil rights organizations

have been receiving requests to send teams in order to investigate what was happening on the

ground. To this end, PUDR conducted a fact-findingin the villages of Sarkeguda, Rajpeta,

Kottaguda, Pusbaka, Basaguda, Lingagiri, Korsaguda, Kottagudem and Timmapur villages in

UsurTehsil of Bijapur District from 26th to 31st December 2014. The attempt was to document

the principal concerns of the Adivasis and the reasons underlying these, by staying for a few

days in the villages.

This report adds to the existing documentation on state repression that PUDR has been

carrying out along with other civil rights organizations for over a decade in the Bastar region of

Chhattisgarh. However, unlike previous fact-finding reports which were incident specific, such

as the Sarkeguda killings of June 2012 by the CRPF, the scope of the present report allows

for a larger understanding of how repression has percolated and utterly changed the lives of

Adivasis. The information provided by the residents of the nine villages, the facts gathered and

the observations made in the course of the fact-finding confirm the insecurities and hardships

of daily life in the war-zone—the low key, but ever present forms of repression routinized by

the state through its forces and security camps. The urgency of this report lies in the fact that

there is a very real need to intervene and prevent the security camps from assuming a permanent

character in the villages of Bijapur.

Contents

Introduction: People, Land, Livelihoods in the Shadow of the Camps 3

Box: Iron Ore Mining in Bailadila

Table: Demographic Profile of Villages Visited

Box: The Salwa Judum

Chapter 1: Who Harasses the Adivasis and What Angers Them? 7

Box: Permanent Warrants

Box: Incidents of Violence by Security Forces in Bijapur

 (November 2012-December 2014)

Chapter 2: Some Aspects of Life in a War-Zone: Roads, Transports, Camps 18

Chapter 3: Lawless Force 22

Conclusion 26

Introduction: People, Land, Livelihoods in the Shadow of Camps

Situated in the southern-most part of Chhattisgarh, Bijapur is one of the 27 districts in the

state.The district was created on May 11, 2007, carved out of Dantewada, with a total area of

6562 sq. kms.The Bailadila mountain range lies at the border of Dantewada and Bijapur. Most

part of the state is hilly with Bailadila reaching 4000 feet in height. The hill resembles the hump

of an ox, thus the name Bailadila.

Eighty nine per cent of the 255,230 people of Bijapur, as per 2011 census, live in the district’s

741 villages. Density of population is 30 per sq km. Bijapur has a sex ratio of 984 females for

every 1000 males and a literacy rate of 41.58 per cent. The villages visited are predominately

inhabited by DorlaKoyas, Murias, Mahars, Telugu and, with a few Muslim families in Lingagiri

who were seen celebrating Tazia.

Bijapur district is rich in iron ore deposits with fourteen deposits having been identified by

National Mineral Development Corporation (NMDC).Although the two mining complexes of

Kirandul and Bacheli, and all the mining related operations, roads, pipelines etc.are in Dantewada

district. The villages on the other side of the mountain range – in Bijapur – get to bear the burden

of the water pollution due to mining, although technically, the mining lands are all in Dantewada.The

villages visited—Sarkeguda, Rajpeta, Kottaguda, Pusbaka, Basaguda, Lingagiri, Korsaguda,

Kottagudem and Timmapur—are in the vicinity of the iron-ore mines and deposits. They are

located in the same areas, on the other side of the hills.The police Thana under which these

villages fall is called Basaguda Thana, located in Hirapur on the river Talperu which is linked to

Basaguda by a bridge. The river goes on to merge with Godavari. Basaguda village is the last

halt for the bus. It also happens to be the place from where the journalist, Sai Reddy, hailed and

who was killed in 2013. (See PUDR press statement on the issue: www.pudr.org) Basaguda

was a bustling bazaar and a relatively prosperous village until 2005 when theSalwaJudum, (the

state sponsored vigilante initiative operational in Chhattisgarh between 2005 and 2008 – BOX )

wrecked havoc. Whereas prior to this, paddy was sown everywhere in the fields, they are now

a patchwork of mostly barren fields. On the banks of the river Talperu in Hirapur, there once

existed a Government rest house which has now been converted into a paramilitary camp for

the 168 battalion of the CRPF.

The last camp in this area is the Sarkeguda camp, an immense fortified structure where a

dense forest once stood, close to the Korsaguda pond which has great importance in a subsistence

economy with no irrigation. Villagers avoid going anywhere in the vicinity of the camp. When

returning from Korsaguda village on 29th December evening to Rajpeta village one was told that

the shortest routes ran close to the camp which is best avoided. Villagers say this is a camp with

no less than 3500 troops of CRPF and CoBRA. This could be an exaggeration, but it appears

very large, even from a distance.Patrols are carried out by several hundred troops in and around

the villages here, as well as deep inside the forest, from this camp.

Hills surround the area and are like a horseshoe with an opening towards the river and hills

all around although they are some distance away parted by a vast plain. Few generations of

Adivasis had transformed the dark forest into open fertile paddy fields. But clusters of woods

were present everywhere and forests surrounded the fields.Only one crop of paddy is raised,

fed by the monsoon rain. In December at the time of the visit it was the season of ‘Manjai’

(threshing). Signs of frenetic activity were visible in the paddy fields which had been harvested.

Once this is done a large number of Adivasi peasantry move to ‘Andhra’ to work on chilli farms

and earn Rs150 daily. They work for a month or two at best. Plucking of Mahua, followed by

plucking of Tendu leaf begins in March and ends by May. A bundle of 50 tendu leaves fetches

Rs 1.50. Each person on an average collects 6000-7000 bundles in a season. They sell it to

‘seths’ from ‘Andhra’ and Maharashtra. This is an important source of cash earnings.

Demographic Profile of Villages Visited

 Village Houses Population Sex Ratio Literacy Total Workers Main Workers Marginal Workers

Sarkeguda 41 145 790 0.8 99 40 59

Rajpeta 28 108 800 12.5 72 55 17

Kottaguda 79 311 981 19.3 183 100 83

Pusbaka 350 1533 1052 12.7 1045 6 1039

Timmapur 285 1522 927 22.5 873 119 754

Lingagiri 91 336 1100 36.8 248 3 245

Korsaguda 72 323 1153 11.6 216 0 216

Basaguda 61 285 516 79.04 185 116 69

Source : Census 2011; Note: Census details for Kottagudem village are not available

The nearest Primary Health Centre is in Basaguda. Apart from this the entire area is only covered by

the ‘Mitanins’. ‘Mitanin’ is one government health scheme which actually functions and it does so because

of the dedication of its practitioners, the Adivasi women. They provide basic health services by visiting

households, mostly on foot.Most of the Government schools that once did well are gradually being run down

through neglect and hundreds of children being amalgamated into schools cum hostels run for Adivasi

children, funded by the Central Government. Most teachers have not been regularized, and are ‘anudeshaks’

(temporary helpers) whose services can be terminated anytime.The school inBasaguda has 225 kids with

nine teachers and the Timmapur schoolhas 60 children and five teachers. However, the ashram schools

have hundreds of students and the one at Avapalli has as many as 500 children. For each child a central

grant of Rs.1000 per month is provided.

Officials at Bijapur, Sukma and Dantewada claimed that schools were not functioning due to their use

by security forces, or because they had been blasted by the SalwaJudum, or by the “andarwale”. The State

Government had, in response, started ‘temporary schools’ called Porta Cabin schools under the Sarva

ShikshaAbhiyan. First started as ‘bridge schools’, aimed at bringing in the children affected by the SalwaJudum,

now they have become ‘regular’ and do all the teaching. These schools had hired ‘anudeshaks’ not as

teachers but as helpers to bring in the students from remote areas. But as there was no real provision for

regular teachers, these ‘anudeshaks’ ended up teaching also, and became full time caregivers for the

students, although most of them are only 10th or 12th pass. Now in order to make these schools RTE

compliant, the regular teachers have to be brought in and these ‘anudeshaks’ are going to be let go – which

these people are fighting against.

The Salwa Judum launched in 2005, represents the watershed moment in the lives of the villagers

when things changed irrevocably for them. The effects of the Salwa Judumand its continuing follow up in

Operation Green Hunt from 2009 onwards shape their lives today. So though in January 2011, the Supreme

Court in Nandini Sundar and Ors. vs. State of Chhattisgarh, regarding the SalwaJudum, had ordered that

villagers be resettled in their villages, camps removed, schools and health centers occupied by the security

forces vacated, it was obvious from what was seen in the villages that there is no going back. The situation

on the ground is very different and much more complicated than what the Supreme Court envisaged.

Iron Ore Mining in Bailadila

The commercial discovery of Bailadila dates back to 1955-56 when Prof. Euemura of Japanese

Steel Mills Association, drew the attention of the Japanese Steel Mills to the richness of the vast

deposits of iron ore and its proximity to the eastern coast of India. An agreement was signed with

the Japanese Steel Mills in 1960. Granted approval in 1964 on the basis of an NMDC report, the

Mine Plan was inaugurated in 1968. A railway line was laid to connect Bailadila to Vishakhapatnam

for transporting iron ore to Vishakhapatnam and then to Japan.

Today, the same process is now being repeated. The Gujarat-based Ruia owned house of

Essar was given permission to set up a pipe-line to transport iron ore from Bailadila to

Vishakhapatnam in 2006.Essar has also received permission to use the water resources to pump

iron ore sludge directly from the mine to Vishakhapatnam.

In 2012 NMDC and Chhattisgarh Mining Development Corporation (CMDC) agreed to a

joint venture to set up an integrated steel plant at Nagarnar, 16 kms from Jagdalpur. The

Chhattisgarh government allotted a mine for captive purposes for up to 3 MTPA (Million Tons

Per Annum). In October 2014 a joint venture between NMDC-CMDC was given clearance to

divest 316 hectares of forest land for mining to produce one MTPA. Significantly, the open cast

mines of the NMDC have damaged the region. Not only are Shankani and Dankini the most

polluted rivers in India, the signs of environmental degradation are apparent everywhere.

The Salwa Judum

The truth about the Salwa Judum is available in The Union Ministry of Rural Development’s

draft report 'Committee on Agrarian Relations and Unfinished Tasks of Land Reforms'

(2009).The Report exposes the initiative by placing it in context:

“Most tribal areas in Central India are the abode to the naxalites, whose presence is a response

both to past and future land alienation, the failure of the government to live up to its constitutional

mandate and the withdrawal of the state from its responsibility to protect the tribal realm.”

And then the report says: “There was initial resistance (in 2000) to land acquisition and

displacement from the tribals. The state withdrew its plans under fierce resistance. An argument

put forward was ‘you don’t play foul with the Murias’, it’s a matter of life or death and Murias

don’t fear death. A new approach was necessary if the rich lodes of iron ore are to be mined.

The new approach came about with the Salwa Judum, (euphemistically meaning ‘peace

hunt’). Ironically the Salwa Judum was led by Mahendra Karma, elected on a Congress ticket

and the Leader of the Opposition and supported whole heartedly by the BJP led government.

Salwa Judum was headed and peopled by Murias, some of them erstwhile cadre and local

leaders of the Communist Party of India (Maoist). Behind them are the traders, contractors and

miners waiting for a successful result of their strategy. The first financiers of the Salwa Judum

were Tata and Essar in the quest for ‘peace’. The first onslaught of the Salwa Judum was on

Muria villagers who still owed allegiance to the Communist Party of India (Maoist). It turned out

to be an open war between brothers. 640 villages as per official statistics were laid bare, burnt to

the ground and emptied with the force of the gun and the blessings of the state 350,000 tribals,

half the total population of Dantewada district, are displaced, their womenfolk raped, their

daughters killed, and their youth maimed. Those who could not escape into the jungle were

herded together into refugee camps run and managed by the Salwa Judum....” (Italics ours)

The above only reaffirms what a joint fact-finding into the Salwa Judum, perhaps the earliest,

by a team of five civil rights organizations- PUDR, PUCL(Chhattisgarh), PUCL (Jharkhand),

APDR (West Bengal), Indian Association of Peoples Lawyers (IAPL) had exposed. The report

When the State Makes War on Its Own People concluded that the SalwaJudum launched in

2005 was designed to divide Adivasis and pit them against one another. The objective was to de-
populate the forest villages, collect Adivasis close to the roads and in relief camps, thus weakening

the Maoists and enabling opening up forest areas for mining.

In its 2011 judgment, the Supreme Court declared the Salwa Judum illegal and directed the

government to carry out investigations and take action in criminal allegations against all SPOs,

armed personnel and Maoists. By this time however the Judum had already served its purpose

.Ironically in the long run the significance of these judicial pronouncements has come to lie in

how lightly and with what arrogance they could be ignored. It’s a very telling comment on the

democratic avenues and their efficacy including judicial remedies available to the Adivasis.

Chapter 1

Who Harasses the Adivasis and What Angers Them?

Complaints that go Unheard

Sarkeguda is one of the seven villages where people who had been forced out by the Salwa

Judum, returned in 2009. Their return was entirely a civil society initiative to re-settle the displaced

back to their villages and rebuild their lives anew.

In early hours of 13th December, 2014 there was a landmine blast followed by a pressure

bomb exploding near the Sarkeguda camp which was set up after the massacre in 2012.One

CRPF personnel was killed in the blast. Two days later CoBRA units entered the surroundingvillages

in the morning where armed men entered homes and beat up the residents. While beating them

soldiers were heard shouting, "tum me se kisine bomb futuaahai” (who amongst you exploded

the bomb). One of the villagers said “aapke camp ke samne bomb futa hai, aapne kyon nahi

dekha karne wale ko. Gaon ke andar hoti to baat alag hoti” (the bomb exploded in front of

your camp, why did you not see who carried it out. If it had exploded inside the village it

would have been another issue).

According to the villagers, soldiers threatened that they had orders to kill five people. “No

one will come to your aid. Nothing will happen to us.” The soldiers left after picking up eleven

persons namely: Irpa Krishna, Irpa Baburao, Irpa Kanna, Irpa Nagesh f/o Irpa Kanna, Modim

Dinesh, Irpa Mahesh, Irpa Ganpat, Irpa Nagesh f/o Irpa Chandresh, Madkam Nagesh, Irpa

Lachha, Irpa Manoj. They were frog marched. While leaving, the unit warned that ‘if anything

happens to us we will deal with you appropriately and it will be your responsibility to see this does

not happen.’ On reaching the camp, the villagers were made to do ‘begar’(unpaid labour) for the

entire day, clearing shrubs from around the camp, perhaps as a way of ensuring that there were

no land mines in the camp area. When asked, if they had filed any complaints, the villagers

responded, “who shall we complain to?” They added that the Collector had once told them

that ‘he could not do anything unless they gave their complaint in writing’. He told them that if he

goes by what is said to him by the villagers and enquires from the police, the police say ‘why do

you side with the villagers when we have lost our man?’ Villagers said that they dare not

complain because ‘then the field forces take their anger out on us. They pick up anyone, torture

them, implicate them in false cases or demand money in return for their freedom, asking them

to provide them names and whereabouts of ‘andarwale’(i.e. ‘insiders’ – the name by which the

Maoists are called colloquially).’

The villagers complained that they get stopped by the forces on patrol who demand to know

‘where they are going, what is their work or who they are they going to meet.’ As part of

punishment, sometime they are made to sit from morning to evening; women are particularly

vulnerable as they not spared either. According to one of the villagers, a woman was once

detained at a camp and was made to prove that she was a lactating mother who had to rush

home to nurse her baby. Some of them wondered if they did the right thing by returning. If this

harassment continued should we leave our land again, they questioned.

When they still cultivate their fields they do so in patches close-by leaving large areas barren.

Basaguda, they said was once known for its paddy harvest even though it was rain fed with no

irrigation to boast of, but still earned them a fair amount until the SalwaJudum came. For

instance, Kamla, one of the respondents, said that her family was Patel of the village and held

pattas for 62 acres. Now they cultivate no more than 10-12 acres. This is the case with other

households too where not all the land is cultivated.

The forces constantly accuse them of being Naxalites. The villagers gave several examples,

such as: if they were digging a trench and a patrol happened to pass by, it was instantly assumed

that they were planting bombs. If they used any implements during work, however blunt, and a

patrol happened to pass by, they feared being accused of possessing weapons and being a

Naxalite. The villagers rued the fact that they could not roam freely, they could not carry their

traditional knives, bows and arrows or go with their axes into the forest as the forces consider

these illegal arms and use it as proof of them being ‘andarwale’.

Kaka Kanna said that when he was grazing cattle, in October, 2014, the patrol party summoned

him and demanded to know ‘who had dug this hole’. The soldiers were angry and one of them

said 'm.... c... tum bomb lagate ho aur gai charate ho; tum, m.... c... sab ek saman ho’. (You

m..... f..... plant bomb and go for grazing cattle. You m....f.....are all the same). He said school

kids are stopped and told ‘you work in evening for Naxalites and go to school in the morning. You

work as informers for 'them'.

The villages of Pusbaka and Kottagudem (visited on 28th December) are located inside

the forest. The hill road leads to Cherla and vehicles could ply back and forth on it until 2005.

After the SalwaJudum and now, ‘andarwale’, the roads are broken and motorbikes are used

here for transport. A young man,who offered a lift on his bike said that he was a temporary

teacher and was going to have his services terminated by April 2015. He earned Rs 6000. He

was at a loss as to what he should do. When asked ‘why were the serviceable road, such as this,

broken?’ he said ‘to prevent new camps from coming up inside’. Asked who was responsible

-was it the ‘andarwale’ or the villagers themselves, or was there a convergence of interests of

people and the CPI (Maoist) party, and was it therefore a shared venture?- he did not offer any

answer which would give much greater clarity, barring emphasizing that camps have created

insecurity.

Today, Pusbaka village has 150 households. Once it was a large prosperous village with

paddy and forest produce as a source of livelihood and a thriving bazaar. The village had electricity

until 2005 when the SalwaJudum hoodlums came and burnt the transformer and razed a school

the villagers were proud of. Children have now had to move to Ashram school- cum -hostel.

They said that in the past they even had cricket teams come in from as far as Avapalli to play and

then return in the evening without fear. Everything was destroyed by the SalwaJudum. And the

good times were gone. Will they ever re-live what they had before the SalwaJudum, they asked?

The villagers mentioned that although the incidence of stealing of rice, chicken, goats, etc.

had come down, but during Diwali this year, a unit came and each of the households was forced

to have one Special Police Officer (SPO) stay with them. They said that the unit stole their

chickens, goats, mahua. When the soldiers searched inside their homes they first ransacked the

earthen jars containing rice, as the soldiers believed that the money was stored inside these jars.

What some of the villagers also resented was the fact that when, perchance, they are paid for a

goat or chicken by the unit, then instead of getting the market price i.e. Rs. 8000 for a goat, they

get paid just Rs. 2000.

Villagers dare not go to their fields as they used to earlier. They preferred to work in fewer

of their fields and curtail their activities in the open. Fear has become part of their everyday

reality. Samaiya Barse narrated how he was intercepted by a patrol party one day when he was

at a pond catching fish. The soldiers asked him for his ID. He showed them his card and the

police took it with them and asked him to come the next day for it. He went the next day and was

told ‘Sir is busy come tomorrow’. The journey back and forth is 30 kms of walking. He feared

that he could be implicated in any incident, that the police could show that it had ‘found’ his ID at

the crime spot. He feared that if, in the meantime another passing patrol were to ask him for his

ID and he had none to show, he could get mired in an even deeper problem.

On account of these daily fears, paddy cultivation has fallen considerably. The villagers say

that they grow just enough for their own consumption. They are afraid to spend time outside

because if they come across a patrol they get invariably harassed. They apprehended that they

could be picked up, beaten and/or implicated in criminal cases. Men-folk in particular avoid going

to visit even Basaguda bazaar, because SPOs hover around, and on their signal anyone can get

picked up by the soldiers milling around for the mere reason of coming from Pusbaka, an alleged

Naxalite village. So their present offers them little comfort. And nor does the future. The Polavaram

dam, they said, threatens to submerge their village along with three hundred others. ‘What

would happen to us? Will we get land in lieu of what will be lost? Where will it be? What

will become of us?’ They were embittered about the fact that it was first the Judum that

uprooted them from their homes, and now a dam threatens much worse.

Kottagudem is a Muria village. Reaching Kottagudem village meant going through five

kms of forests. A delayed arrival meant that people had gone for threshing. In fact, more or less

everybody was out working in the fields. Once they returned, one by one people began turning

up for an impromptu meeting.Punem Suresh who studied till 8th in Avapallitold how, in October

2014, a 400 strong force led by a notorious SPO ‘Shankar’ of Polampalli and Tati Ramesh of

Murguda came to the village and beat the villagers injuring nine persons including 3 kids.

[According to news reports (Indian Express, Jan 2, 2015),Shankar @ KorsaJagaram, a

“topmost rebel” and Military Intelligence Chief of West Bastar Division, surrendered in

May 2013 and become “secret informer”in the Police Department. He was killed by the

Maoists on 1stJanuary in Kottapal.]

Other accounts of repression were shared such as those of Oyam Bhima and Dodi Lakmawho

were picked up in June 2013, tortured brutally and sent to Dantewada jail. While Bhima came

out in October 2014 Lakma is still inside the jail. He said that lawyers ask for “too much money.

Not less than thousand. And if there is a charge-sheet then for the trial they charge Rs 20,000 for

each case. Where will we get that kind of money?’ Generally they said there is more than one

case. Each case fee is different. Then there are expenses incurred for family to meet them

during each ‘peshi’ (hearing)’. In another incident, Dodi Aayatu was shot dead on 28thAugust

2014 when he was cutting bushes near the river. He has five children. Thana in-charge of

Basaguda assured Rs two lakhs as compensation. When the family visited him he told them to

invite some journalist to come and write about it if they wanted the money to be paid.The

villagers also said that in October 2014 one woman was raped. On that occasion too security

personnel took away ten chicken, ten eggs, plus robbing Rs 150 cash they found on a person they

accosted.

The villagers wanted to tell people outside Bijapur that they don’t want the camp. “Tell them

to stop patrols which harass us and are affecting us.” Asked if the road broken by the

Maoists had impacted them negatively, they said it had, but the insecurity bred by camps and

patrols was what they resent and fear the most. For the people of Pusbaka and Kottagudem,

while roads being broken have had the desired effect of impeding forces from entering the

forests and setting up camps, they also entails inconvenience. The road which once linked

Basaguda to Cherla still exists but travel is much more difficult. They still travel to Cherla from

Basaguda to work as wage labour on the chilli farms and sell mahua and tendu leaves. Trade is

still possible. But reduced economic activities since 2005 have diminished volume of tradable

goods, and people earn less money than before. The shops which had variety of goods earlier

had limited goods and quantities are less too.

In Pusbaka, during the evening meal villagers talked about the past and what it was like then,

how life was different then. The SalwaJudum emerged as a water-shed moment in their collective

life and marked a break between the past and the present. Many said that theJudum had come

from outside; it did not emerge from amongst them. It threw light on how the Judum would use

people from other areas to attack these villages. The villagers were displaced and had to run

away. On their return they were provided one solar lamp for each family/household, and that

was about all.

Lingagiri and Korsaguda: Korsaguda is deep in the forest & close to Bailadila hills.

Lingagiri is located below Korsaguda in the plains. On 29th December, two kms short of Rajpeta,

at Pechepara hamlet,villagers were waiting to give information regarding an incident which

happened that morning. One was told that a neighbor’s brother (‘bade pitaji ka beta’ or older

uncle’s son) had been picked up. Apparently, at 5 am the police came, entered the house of

Krishna, woke up every man, woman and child, and kept saying that they had warrant for Soyam

Potti and that they were searching for him. Some villagers followed the police to Basaguda to

protest the arrest of Soyam Potti. Vani Xaxa, a Phd scholar doing her field work also went to the

thana. Vani was told by the thana in-charge that they had not arrested anyone and that all they

wanted was to ‘invite’ Soyam Potti for tea and a chat. When she said that this was an odd way

of inviting someone for tea, by first barging into the house, rudely shaking everyone awake and

then leading Soyam Potti to thana as a suspect, the officer shrugged his shoulder. When asked if

there was any ‘permanent warrant ‘(see Box) against him, the thana- in-charge said there was

none. Soyam Potti was then released. But meanwhile two boys from Bilipara, Oyam Somlu s/o

of Pasndu age 45 and Puinam Chinoo s/o of Aaytu age 25 had been arrested and brought to the

police station. There were three cases each against the two.

Just near the entry path to Korsaguda, villagers reported that the police was on the road

searching for bombs. So the route had to be changed. The long detour delayed the journey to

Korsaguda village,and as a result, Lingagairi had to be visited first. Allegedly, twelve people had

been picked up from Lingagiri just a few days back.

The way to Lingagiri passes through barren fields and an half abandoned Mahar village of

Kumarpara. There were 30-35 people from Dolguda who had become SPOs in 2005 and their

families had moved out of the village since. Lingagiri too had been vacated due to theSalwaJudum.

People returned in 2009. At Lingagiri people were busy in threshing and loading paddy on tractor

driven carriers to take to the market. They said that their biggest worry at the moment was

people falling ill. Scores of people were stricken by fever and vomiting. They feared it could be

malaria. There was no doctor available and only Mitanin were there to provide some medicine.

When asked about the camp they said that it had made their lives more insecure. They were

convinced that the Sarkeguda camp had at least 3500 soldiers. Patrol was routine. Although

there was no recent incident of trouble the fact that soldiers were there meant that anything

could happen. When asked about the 12 people allegedly picked up and taken to the camp, they

said that actually only five persons were picked up to do begar in the camp. When inquired if

‘unpaid labour’ was a recurring phenomenon, they nodded.

35 year old Ghantal Raju was very bitter. His sister had been raped and murdered by soldiers

in December 2006. His father had been hacked to death by them. But his anger is directed

against those who encouraged the villagers to come and re-settle here and he too worked with

the civil society organizations to convince the villagers to return. He alleged that the organizations

which had facilitated their return and had promised to ensure their rehabilitation, had abandoned

them once the villagers returned. He said that he worked with the Vanvasi Chetna Ashram. He

was of the view that as people from outside did not stand by their assurance it is futile to carry on

resisting and standing up for one’s rights. “Look where it has got me. I am poorer than before.

If I had stayed back in ‘Andhra’ I would have earned more. I just feel they cheated us.”

When he spoke others silently nodded with him and did not even once contradict him even when

he said that all his stout protests proved useless because even people refused to stand up with

him. Now when he goes out of the village he faces taunts from CRPF soldiers. When he passes

by, they loudly comment for him to hear-“who ja raha hai Ghantal. Sala bahut baat karta hai.Abki

baar aisa maarenge sala dubara bhaag jayega” [there goes Ghantal. Bastard protests a lot. This

time we will beat him in such a way that he will run away once again].

His allegations could not be verified. It is also not clear if this view is shared by others as no

one said so openly. But in Lingagiri at least no one said any different either. It is however true

that people who returned to their villages fended by and large for themselves.

The next stop was Korsaguda which is a Muria village. This was the first village to be

attacked in 2005 and burnt down. Villagers fled inside the forest. They had taken shelter further

inside the forested hills. They were the first to return and resettle in 2009. Eighty out of the

earlier ninety households have built new homes closer to the hills. Troops do not enter as often as

they did in the past.

The villagers shared that earlier they were living near the ashram school in the village itself.

They said that other than the Murias they had different communities living amongst them, such

as Mahars or Telugus. They were all living there till the Judumcame. ‘They (SalwaJudum

hoodlums) came and burnt all our houses. It was only after the SalwaJudum that we all

moved further inside.’ They said that ‘today if any of the men go to the market in Basaguda,

they can be picked up. Then we have to approach the Patel or Sarpanch to free them from

the thana.’ Others pitched in and said they some had also gone to Andhra Pradesh out of fear of

the Judum but returned along with the other villagers (neighboring) when they returned. ‘When

we came back we found all our cattle had disappeared. So whenever we went to search

for our cattle, we would be beaten up by the CRPF.’ One old man was picked up by the Salwa

Judum and beaten up. When he returned he collapsed and died. ‘We did not know what to do, so

we kept quiet’, they said.

The villagers narrated how Kakem Munniwas shot dead while weeding the fields on November

18, 2012. She was dressed in shirt and pant, as Andhra women tend to do while working in the

fields. Her body was taken to the thana and later returned. The police arrested Hemla Bheema

from the same village and kept him in the lock-up for three days and beat him after hanging him

upside down. It was only after this that they arrested Hemla Chinnu and whose trial was currently

on in Dantewada.HemlaBheema said that ‘recently (on the 29th of December) they (CRPF)

had come for patrolling. They took away our (Tati Dasru’s, Tati Bamma’s and Padam

Sukku’s) knives which we use for collecting ‘tadi’. When we asked why our knives were

being taken away, they beat us.’ He continued, ‘when the CRPF/police come for patrolling

they take away our bows and arrows, axes, knives, and then we have to buy fresh pairs.

We cannot afford buying them all the time. Why should our necessary items be taken away

from us? The CRPF camp which is in Sarkeguda is on our patta land. Our pond which we

used for fishing is occupied by them. Our mango tree, tamarind trees ...all is theirs. If we

go there, they beat us. We want that the camp to be removed from here.’ The villagers

wanted wide circulation of the report of this fact-finding and were ready to come to Delhi if

invited.

Village Timmapur (visited on 30th December): Like everywhere else, threshing was going

on in Timmapur too. And schools were having half yearly exams. Timmapur village has six

‘paras’ and it is one of the few villages in this area from where people did not leave even during

the Salwa Judum days.When asked how come they escaped being displaced, the answer was

that the villagers decided that they will not vacate the village and they communicated it to the

SalwaJudum leaders that ‘come what may we are not moving out’. Their large numbers,

villagers believe, too could have helped them escape retribution.This was a village which had 360

households.

It was reported that 11 people had been made to surrender a couple of weeks before in

December 2014. Although the story about 11 surrenders from this village turned out not to be

true, it was learnt that five persons were arrested from Timmapur and sent to Dantewada

namely; Padam Sanu, s/o Padam Masa, Padam Lakhmu,s/o Padam Budhram, Awalam Mangu

s/o Awalam Lakhmu, Padam Jagdish s/o Padam Sentiya, and Oyam Mangu s/o Oyam Lakhmu.

The ubiquitous ‘permanent warrant’ was again mentioned. What were the charges against

them, under which sections of the IPC were they booked, and for what specific ‘crime’? None

of the villagers spoken to could answer this. Most of the people in Timmapur (or for that matter

in other villages too) were agitated over the threat posed by ‘warrants’, which they saw as

something meant to ensnare them.

One of the villagers, on assurance that his name would not be revealed, shared what he said

he learnt from people from Jedipara who came to inform him. Apparently, a fortnight earlier[mid-
December approximately], forces had entered Jedipara, a hamlet of Timmapur.The men folk

had run away leaving behind women, children and the aged. The women, he said had been

molested. His thin frame shook with anger when he narrated this. Shivering with rage he said

that they had ‘raped women’. He repeatedly used the phrase “kukarm kiya” (did bad things).

He kept saying that soldiers have been sent to ‘serve the people then why do they molest

women?’ He had himself witnessed how a woman with a baby was being taken to a ‘thana and

soldiers every now and then would touch her breasts and some poked their guns from

behind.’‘Instead of taking the women from the road leadingto the Timmapur camp, they

were taken through the forest road. What was the purpose of this?’ He said that post the

Sarkeguda massacre, the visits by reporters and human right groups did provide them with some

relief. And if such groups and individuals had not come, their situation would have been much

worse. ‘People fear soldiers and soldiers suspect villagers’, he said. He himself was picked

up in October2014 when a bomb exploded on the road that was being built near Timmapur.

When he remonstrated with the soldiers ‘why would we plant a bomb virtually in front of our

houses’, he was told to shut up. He was convinced that ‘this silsila(such conditions) will

continue.’ He did not foresee any end to this very soon. Apparently one time people were asked

to come to the camp to collect clothes and utensils. When they went, instead of getting utensils

and clothes, fourteen persons were picked up, of whom nine were released later while five were

arrested. (Named above) ‘What does this show’, he asked rhetorically?’That they lure people

and then arrest them’.

He questioned that since Maoists are ‘terrorists’, then why did the Government enlist

‘Sangham’ members and Maoists as SPOs? He said how easy it is for the ‘fauj’ (military) to kill

someone and dress him/ her in uniform and say they killed a Naxalite. He was worried if his

name is leaked, he would have to face ‘danger’ from the ‘fauj’ and the police.

 “Permanent Warrants”

1. The FIRs are mainly against “unknown Naxalites”- or a few named people and 50-200 unknown

others. Many times, the names in the FIR, if any, will be common village names such as Hidma, Ayatu,

Manglu etc. with no other identifying characteristics (father’s name unknown and village name unknown).

2. When the police investigate the complaint, they usually arrest a few people - 3-5 people in connection

with it, but in the chargesheets which they submit to the court, they list 15-35 people as accused -- the

remaining people not arrested are simply listed as “absconding”. Consequently, the number of so-called

“absconders” in this region is extremely high. It is estimated that every male resident in certain targeted

villages (and some important women) between the ages of 15 to 45 is listed in some chargesheet or another

as an “absconde.” Many are listed as “absconding” in multiple chargesheets.

3. These people are not really absconding - but they are simply not arrested by the police, and most of them

have no idea that they have been listed as an “absconder” in a particular chargesheet. However, after the

charge-sheet is submitted to the court, while committing the case for trial, the court issues permanent warrants

against all “absconders”. These warrants are with the police, basically authorizing them to arrest the accused

person immediately. They are usually executed at the will of the police and act as swords hanging over the heads

of villagers. This is how SoniSori had 6 outstanding warrants against her when she was arrested in the Essar case

even though she was a warden in a government run ashram school all this while. And her husband, Anil Futane,

had 4 outstanding warrants and her nephew, Lingaram Kodopi, had two warrants at the time of his arrest. In the

Sarkeguda massacre, when the CRPF shot dead 17 people including seven juveniles, they could immediately claim

that the dead were naxalites by producing outstanding permanent warrants against them, dating back several years.

4. The chargesheet presented before the court makes for hilarious reading. Technically for each person

against whom there is a permanent warrant, there should be a panchnama by the patwarisaying that this person

is “absconding” and his movable and immovable property has been/will be attached.Alleged eye witness

accounts used by the police state: “on seeing police, Maoists ran calling out to each other by names—‘run

Nagesh’/ ‘run Ayatu’" etc. In many cases this is the only evidence in the chargesheet against the said Nagesh

or Aayatu, on the basis of which arrest is made/ or permanent warrant issued.

5. With the return of S R Kalluri, as the IG (Bastar) there is a concerted move now to arrest people against

whom there are outstanding warrants. This is how people are being “surrendered” - all those who have

been living peacefully in their villages and who are well-known to the police are being told that the police

have a warrant against them, and either they surrender or they get arrested and face jail time. Now with

“surrenders” being questioned, the police are simply arresting people with permanent warrants against them.

These permanent warrants are also used for extortion by the police.

6. On 29th December 2014, the Bijapur police did a massive “clean-up” operation and in one day

arrested 32 people against whom there were these outstanding warrants from years ago Nai Dunia and

Jagaran of 31st December carried the news item. Where as Hitavad of 31st December published a separate

news item stating that five Maoists, including two women carrying reward of Rs two lakhs, surrendered.

The names of the two women are identical. One is Gattapalli Kutaru r/o Mitaki Modiyam and the other

Gattapalli Kutaru r/o Somali village. There was said to be a child Sannu Kudiyam with them, allegedly a Bal

Sangham member. All of them were given “encouragement” amount of Rs 5000 by the state government.

Incidents of Violation by Security Forces in Bijapur District (Nov 2012-Dec 2014)

Note: unless otherwise indicated, information is based on village accounts and the list does not

claim to be comprehensive. * Denotes other sources which are indicated below.

1. Korsaguda:, 18 Nov. 2012. A girl, Kakem Munni was shot and killed in the fields. Her

body was taken to the thana. Police arrested HemlaBheema, in connection with the case. He

was tortured in jail for 3 days. Later released. Another man, Hemla Chinnu was arrested.

Trial was going on in Dantewada.

2.* Pidiya and Dodi Tumnar:21-23 Jan. 2013. Detail: The police and the paramilitary CRPF,

STF, CAF, Cobra forces attacked Pidiya village near Gangalur, and Dodi Tumnar village in

Bijapur district and resorted to huge destruction. In Pidiya they barged into the homes, looted

them and later razed down twenty homes. In Dodi Tumnar security Forces razed down an

Ashram School run by the Krantikari Janatana Sarkar for both boys and girls.

3.* Korseli: 24-25 Feb. 2013. Paramilitary forces, Chhattisgarh police and STF attacked Korseli

village (Gangalur area, Bijapur district). Caught Comrade Salim (Sammi Reddy) who was leading

an ordinary life and shot him dead near Avunar village the next day.

4.* Kanchal: 9 March 2013. A woman Kunjam Deve died in firing by AP Grey Hounds near

Kanchal village (Usur Tehsil) and one woman was injured. The attack occurred when they

came to take water from a water body. Later they took the dead body of Deve and the injured

woman in a helicopter, put uniforms on them and declared them naxalites.

5 *Edesmeta: 17 May 2013. CRPF soldiers killed 8 adivasis, among them 4 minors. 4 more

were injured.

6. Kottagudem: June 2013. Oyam Bhima and Dodi Lakma picked up and tortured brutally by

forces. Sent to Dantewada jail. Bhima came out in October 2014. Lakma is still inside.

7. Kottagudem: 28 Aug, 2014. Dodi Aayatu shot dead. Promise of two lakh in compensation

by Thana-in-charge of Basguda was not met.

8.Kottagudem: October 2014. A 400 strong force led by SPO ‘Shankar’ of Polampalli and

Tati Ramesh of Murguda came to the village and beat the villagers injuring nine persons including

3 kids.

9. Kottagudem: October 2014. One woman was raped. Additional details not available.

10. Pusbaka: October 2014. Theft, looting, wanton destruction by SPOs. Stealing chickens,

grain, breaking vessels, forced entry, forcing villagers to have one SPO stay at each house

around Diwali.

11* ChhoteTongpal: 26 Nov. 2014. Villagers beaten by police. Many sustained fractures. 26

villagers picked up but 15 arrested. Though villagers tried to get FIR registered against police,

they refused.

12.Sarkeguda: 15 Dec. 2014. Irpa Krishna, Irpa Baburao, Irpa Kanna, Irpa Nagesh f/o Irpa

Kanna, Modim Dinesh, Irpa Mahesh, Irpa Ganpat, Irpa Nagesh f/o Irpa C Handresh, Madkam

Nagesh, Irpa Lachha, Irpa Manoj were frog marched to camp by COBRA units. They were

also threatened. In the camp they were forced to clear shrubs.

13. Jedipara, near Timmapur: 15 Dec .2014. Security forces raped women. Additional details

not available.

14. * ChhoteTongpal: 20 Dec. 2014. Village ex-sarpanch Mukka Kawasi arrested on 20

December 2014 for speaking to media on fake surrenders and failure to register FIRs.

15.Pechepara near Rajpeta: 29 Dec. 2014. At 5 am the police entered the house of Krishna,

stated that they had warrant for Soyam Potti and were searching for him. Soyam Potti released

later following intervention by village members.

16.* Basaguda Thana Area: 29 Dec. 2014. Police arrested 32 people belonging to many

villages under Basaguda Thana, alleging they were naxalites. All of them had outstanding/

permanent warrants from years ago.

17. Korsaguda: 29 Dec. 2014. CRPF soldiers seize knives used for collecting ‘tadi’. On asking

reason for confiscation, the villagers are beaten up.

18.Timmapur: Dec. 2014. Five persons arrested; Padam Sanu, s/o Padam Masa, Padam

Lakhmu, s/o Padam Budhram, Awalam Mangu s/o Awalam Lakhmu, Padam Jagdish s/o Padam

Sentiya, and Oyam Mangu s/o OyamLakhmu. All sent to Dantewada prison. Nature of crime,

charges etc. not known to anyone. Fear of ‘permanent warrants’ among villagers.

19.Billipara: Dec. 2014. Two boys Oyam Somlu s/o of Pasndu, age 45, and Puinam Chinu s/o

Aaytu, age 25, arrested and brought to the police station. Three cases each against the two.

20. Lingagiri: Dec. 2014. Five persons picked up to do ‘begar’ in the camp.

Sources: Anil Mishra, “Another Volley of Bullets for Bastar’sTribals”: http://www.tehelka.com/

another-volley-of-bullets-for-bastars-tribals/;Bela Bhatia, “Police Complaint to In-Charge, Gangalur PS,

Regarding Burning of Houses and Destruction of Households in Pidia Village: http://sanhati.com/

articles/6101/; DSU (Democratic Students’ Union), “Chhattisgarh—Preliminary Report on the Fact

Finding in Bijapur”:http://sanhati.com/articles/6231/; Suvojit Bagchi, “In South Bastar, grim battles on

to retake Maoist bases :http:// www.thehindu.com/todays-paper/tp-national/in-south-bastar-grim-
battles-on-to-retake-maoist-bases /article4734555.ece; Press Releases of CPI (Maoist) (http://

www.bannedthought.net/India/ CPI-Maoist Docs/#2013); Supriya Sharma, “An Ill Sowing

Festival”:http://www.outlookindia.com/printarticle.aspx?285796and, “Villagers Dispute Claims of

Andhra Police in Chhattisgarh Encounter”: http://timesofindia.indiatimes.com/india/Villagers-dispute-
claims-of-Andhra-police-in-Chhattisgarh-encounter/articleshow/19002528.c; See also: http://

khabar.ndtv.com/video/show/news/bastar-tribals-forced-to-surrender-348926; and, http://

naidunia.jagran.com/search/bijapur-

Chapter 2

Some Aspects of Life in a War-Zone: Roads, Transport, Camps

Truth is the first casualty of war. And denial of presence of armed conflict an act of deceit.

The Government knows Bastar is a war-zone. The two military forces here, state and non-state,

the government and the PLGA (People’s Liberation Guerrilla Army), wear uniforms meant to

distinguish them from civilians whenever an encounter takes place. Article 48 of the Additional

Protocol I to the Geneva Convention explicitly defines the principle of distinction on which the

laws of war rest:

“In order to ensure respect for and protection of the civilian population and civilian

objects, the Parties to a conflict are required at all times to distinguish between the civilian

population and combatants and between civilian objects and military objectives and

accordingly must conduct their operations only against military objectives”.

However in its words and its actions, as reported by the Adivasis, the ‘armed forces of the

Union’ ignore that Bastar is a war-zone. They routinely violate the fundamental principles of

distinction mentioned above, in multiple ways; for example, 'proving' that ordinary civilians were

Maoists simply by clothing their deceased bodies in the uniforms worn by PLGA cadres.

Road Barriers / Check-posts: The entire strategy of area domination is premised on the

idea of saturating an area with massive troop deployment. Thus, military domination by setting up

new camps and anincrease in company and battalion strength, is one part of it; the other being

regular patrolling inside the forests either daily or periodically in the area considered the ‘red

zone’ in military parlance. Camps are present on the highways as well as close to forest villages

inside. Between Bijapur and Basaguda, a distance of 50 kms, there are seven camps with one

inside in Sarkeguda. There are a number of police stations in this block.Troops are armed and

they control the traffic on the road through their military check-posts/barriers outside their camps.

Traffic does not move without road opening exercise by the CRPF every morning. Only three

buses ply between Bijapur and Basaguda and the buses leaves between seven and then nine in

the morning and the last bus leaves at 3 pm. The many check-posts on the road from Bijapur to

Basaguda reduce movement. The soldiers can demand to know from travelers their identity,

where one is headed, the purpose, or person they are going to meet...and detain for hours

anyone travelling on the road. This does not seem to Adivasis to be anything remotely meant to

‘protect’ them. When asked about their views on road building activity, the villagers’ responses

showed that they were against it if it meant bringing in more troops and setting up of more

camps.

Roads...To Where and For Whom:Additional DG of Chhattisgarh Police, RK Vij, wrote

in the Indian Express on December 6th, 2014 that “(m)any more camps are needed to move into

such vacuums and restrict Maoist movement. The setting up of mobile towers over the next year

may improve telecom connectivity around the security camps but the construction of roads

remains a major challenge. Approach roads to security camps are essential to maintain their

supply lines and meet other administrative needs.”

The use of roads and securing them to protect supply lines of the military forces on the

ground shows clearly what is guiding road building operations. Bringing more troops and setting

up of new camps is on the anvil; for which securing the ‘supply lines’ is a very important exercise.

Building roads acquires even more strategic importance in the context ofincreased military presence

towards area domination. The presence of large number of troops along with barriers on them makes

roads more insecure.There are several more on the road from Bijapur to Basaguda. This reduces

movement on the road. Travel on roads has become that much more risky and far less smooth.

Military Personnel Travelling in Civilian Vehicles: Government forces travelling in

civilian buses bearing arms are an everyday affair in these parts. This is in clear defiance of

what constitutes basic dos and don’ts during armed conflict. Article 8 of the Rome Statute of the

International Criminal Code defines War Crimes. Its clause (2)sub clause(e) “applies to armed

conflicts that take place in the territory of a State when there is protracted armed conflict

between governmental authorities and organized armed groups or between such groups.”(See

clause f). Clause 2 Sub clause(e) (i) outlaws “intentionally directing attacks against the civilian

populations as such or against individual civilians not taking direct part in hostilities.” Clause 2(c)

which applies to ‘armed conflicts not of an international character’outlaws the following acts

committed against persons taking no active part in the hostilities: (i) Violence to life and person, in

particular murder of all kinds, mutilation, cruel treatment and torture; (ii) Committing outrages upon

personal dignity, in particular humiliating and degradingtreatment; (iii) Taking of hostages.

The same Article 8 through its clause (2) sub clause(b) (xxiii) outlaws ‘Utilizing the presence

of a civilian or other protected person to render certain points, areas or military forces immune

from military operations’. It thus clearlyconsiders use of civilians as human shields a war crime.

(While it may be argued that strictly as per the letter of the law, Article 8 clause 2 sub clause b)

is about international conflicts, it is but logical that this apply to internal armed conflicts as well).This

‘war crime’ gets committed every day for Adivasis travelling between Basaguda and Bijapur,

when armed personnel board their buses.

It may well be argued that India is not covered by ICC, since it is not a signatory to it. But

ICC encapsulates into law the dos and don’ts of war which flow from Geneva Convention and

Protocols, to which India is a signatory too.Even if India claims not to be covered by ICC or

willingly goes against Geneva Convention and Protocols, surely common sense should guide

us. Having deployed masses of troops and military among civilians, it is the obligation of the

Government to ensure that the forces do not put civilians at risk. The responsibility to provide

its personnel adequate transport lies with the government. If it cannot ensure transportation

for their troops, the Government has no business putting them there in the first place. They

most certainly cannot be allowed to travel in civilian buses bearing arms using civilians as

‘human shields’ or use them virtually as ‘hostages’ for the duration of their travel to ensure

their own safety.The fact that not all the security personnel are in uniform but in ‘civvies’,

compounds the crime.

By travelling on civilian buses armed soldiers are not protecting civilians but are ironically

using them to protect themselves from coming under attack. All the buses plying between

Basaguda and Bijapur have soldiers travelling in them. Civilian transport provides multiple

safeguards for the security forces as a) their own official vehicles are military targets and

therefore better avoided, even when available; b)the Maoists in general do not target civilian

buses;c) in case of an ambush, they can use the civilians as hostages.But the soldiers’ presence

increases the chances of the buses being attacked. The civilian passengers don’t have a choice

in the matter having no alternative transport.Placing civilians ata grave risk for their own protection

is a cowardly act. One committed every day hereabouts.

In all incidents where Maoists have targeted passenger buses being used by soldiers, it has

been admitted by senior police officers that there is Standard Operating Procedure (SOP) which

forbids their personnel from travelling on civilian vehicles. The standard response is thus to shift

the blame onto individual personnel for violating the SOP. However, the real reason behind such

SOPs is to prevent information being leaked to ‘rebels’. It does not emanate from ensuring that

civilians are not put at risk. Or,that soldiers should not use civilians to protect themselves.These

are clear instances of civilians being used as ‘human shields’, or as hostages, which are outlawed

by rules which govern prosecution of wars. The government’s lack of seriousness on the issue of

civilians’ safety is apparent from the routine presence of security personnel travelling in buses.

All the buses between Bijapur and Basaguda have soldiers travelling in them. The 7 o' clock bus

on 30th December was more than half filled with armed soldiers. The other half comprised

babies, children, women, men young and aged, policemen with two villagers picked up from

Billipara on 29th December and police personnel accompanying them with arms. There is an

irony, therefore, about road building in these parts. Rather than improving mobility and

communication for villagers, the presence of large number of troops along with barriers on the

roads, make travel much more risky and far less smooth.

Overwhelming Opposition to Camps: When asked whether they feared the ‘anderwale’,

i.e. the Maoists, the villagers responded by saying that the andarwale didn’t beat, kill, rape or

molest women, or steal from them. Beyond that they were unwilling to speak. But the villagers

said that these very same soldiers are scared of ‘andarwale’ as they strongly resist and target

the military’s road building efforts. The recurrent incidence of bombs exploding or being found,

followed by crackdown on the villagers is not the gravest challenge to deal with as the biggest

problem for the villagers is the continuance of the camps. It was, in fact, said by some that

camps and road building had triggered the bomb explosions. There is no doubt that removal of

camps was a popular and shared demand. The everyday fear of harassment weighs heavily on

them. The hatred of the forces was palpable among those spoken with, both in their agitated tone

and words. The rage at not being allowed to move around as they once used to, to carry their

traditional weapons and use implements of work, the decline in agricultural activities, the beatings,

sexual violence, forcible entry into homes, looting,and the wanton destruction by the forces and

insecurity about future, was palpable. Some even asked if they did right by returning to their

villages, and if they ought to leave?

The villagers see the camps as the source of their troubles. Initially trouble meant the

SalwaJudum, now trouble comes in the form of setting up camps as part of area domination

strategy of the military forces, which includes roads being built and guarded by the forces. Many

villagers wondered whether the government actually wanted them to be out. They wondered if

it was part of some design to force people out, not as done through the SalwaJudum earlier, but

through a mix of periodic killings and harassment on a routine basis. KamleshJhadi, member of

the Communist Party of India from Bijpaur, reiterated his demand, in line with the demands of his

party comrades, of the removal of all military camps from Bastar. Throughout the entire fact-
finding one could not find any single instance of support for the CRPF, Chhattisgarh Armed

Forces or CoBRA. Indeed, watching the patrolling soldiers armed with their weapons and guard

dogs against the disarmed Adivasis' leave an indelible image—of cocky soldiers lauding over civilians.

Special Police Officers/SPOs: Significantly, although SPOs are detested, there is also sympathy

for them. As Adivasi youth, including some surrendered Maoists, the SPOs were earlier referred to as

Koya Commandos by the army. Post the 2011 judgement by the Supreme Court which ordered their

immediate disbanding and disarmament, they continue to operate, albeit, ‘legitimately’, as the Chhattisgarh

government has officially inducted them into the constabulary as an ‘auxiliary force’. Many villagers said

that the SPOs too are Adivasis and it is the Judum which has effectively pitted them against each other.

The villagers see in the Salwa Judum a cataclysmic event which has devastated them most. The SPOs

are a part of that process of devastation as they oppress the villagers and enjoy the immunities available

to soldiers and jawans. At the same time, the villagers pointed out, the SPOs are compelled to carry out

onerous tasks and are used as ‘coolies’ by the soldiers. They run errands for police officers and military

commanders. And even the jawans of the para military force order them around. It seems that ‘graded

inequality’ is deeply embedded within the military even while the SPOs play a significant role in assisting

the troops in the present interface between the camps and villagers.

Chapter 3

The Lawless Force

The villagers are angry and they want to tell what angers them. Throughout the fact-finding,

people came to the impromptu meetings in order to tell their side of the story. Of course, a limited

fact-finding which is forever constrained by the constraints of time can hardly do justice to the

problems raised. Paucity of time coupled with the problem of distances between villages imposes

certain structural restrictions, endemic to fact-findings, on these meetings. As a result, the

discussions were mainly directed towards understanding the immediate concerns, and inquiries

into some disturbing matters, such as those of sexual assault which require greater time, could

not be completed. Despite these limitations, it was clear that there was another, more obvious

reason for their inhibition and reluctance from sharing easily: the fear of retribution from the

police for speaking. This fear is entrenched as the shadows of the camps and those of the

patrolling personnel have fettered their lives.

ChhoteTongpal is one of the villages where the villagers were beaten up on 26th November

2014 and, where 26 young men were also picked up out of which 15 were then arrested.Mukka

Kawasithe, ex-Sarpanch of ChhoteTongpal, was also arrested. Mukka’s crime was to appear in

an NDTV interview, to speak on forced surrenders of innocent villagers by the police and,how

the villagers have been trying toget an FIR registered against the forces for beating them. In this

latter case, the court, on 18th December, ordered the police station to submit their report in the

next hearing. Mukka’s interview was aired on 19th December 2014 (http://khabar.ndtv.com/

video/show/news/bastar-tribals-forced-to-surrender-348926) and he was picked up around 1

p.m. from Kukanar bazaar (haat) the very next day. The news channel also carried the news of

his arrest but naively suggested that the arrest had nothing to do with the interview! (http://

khabar.ndtv.com/news/india/sukma-tribesman-who-talked-to-ndtv-india-detained-715600)

At the same time, when the villagers of ChhoteTongpal who were beaten up on the 26th of

November tried to register the FIR against the police the next day, the police refused. The

Superintendent of Police assured them that he would register the FIR after an “inquiry” was

conducted, but till date, no FIR has been registered. Shockingly, the MLCs from district government

hospitals in Sukma and Jagdalpur confirm that some villagers had sustained fractures, making it a

cognizable offence – in which case it is mandatory for the police to immediately register an FIR.

Even the CJM of Sukma, after being presented with an application u/s 156 (3) of Cr.PC on

18.12.2014 seeking the registration of an FIR has merely asked the police to expedite the inquiry

and not asked them to register the FIR (http://www.thehindu.com/news/national/other-states/police-
went-on-the-rampage-in-chhattisgarh-villages-say-residents/article6670955.ece). Getting an FIR

registered has thus become a difficult task as only a court can order the police to do so and they

take a very long time indeed to do so. So although the Collector has asked people to write to him

with their complaint, villagers are not sure it will get anywhere. Importantly, till date the commission

of inquiry constituted by the State Government after the Sarkeguda massacre has not concluded its

work and, even if they do there is no way of knowing what will become of the demand for bringing

the perpetrators to justice.

Arrests and Cases: While there’s been nothing to show that the state is serious in controlling

its personnel from committing everyday crimes in the area, there’s a continuous spate of arrests

and filing of cases against the villagers. The apprehensions of the villagers are corroborated by

the Report of the High Level Committee headed by Virginius Xaxa, constituted by the

Ministry of Tribal Affairs and submitted to the government in May 2014. On pg. 356, the Committee

notes that:

“ A large number of tribals are languishing in jails for long years without their trial

concluding.....Here too, after the first FIR lodged against them , there would be further

FIRs filed over a period of time implicating them (tribals) in various episodes of violence.

Persons charged with naxal offences find it extremely difficult to get bail, so end up spending

long years in jail. Trials do not conclude in many cases because official witnesses were

absent. This may happen because a member of paramilitary force cited as prosecution

witness had been repatriated with his unit and was no longer in the state.....The committee

also met with criminal lawyers...(who) assessed that over 95 per cent of the cases were

baseless... In reply to an RTI application, the court registers for all cases disposed of,

between 2005 and2012, revealed that average rate of acquittal over these years was 95.7

per cent.”

Not surprisingly, the fear of arrest is a very real one for the Adivasis. Apart from the fear of

being locked up for years in jail, the exorbitant legal fees (reportedly, Rs 20,000 for each case),

the expensesincurred in making court related trips to Dantewada and, the sheer wait for trials to

commence and end—such a process can easily exhaust and deprive families of their resources

and energy. These fears are compounded by the fact that there is hardly any possibility of ever

filing cases against the paramilitary. As the villagers argue, the police and military (“fauj”) use

‘warrants’ to threaten them into silence, if not submission.

Permanent Warrants:In such a scenario, the use of ‘permanent warrants’ becomes an

issue of grave concern for the Adivasis. How many such ‘Permanent Warrants’ are there in

Bastar? One was informed that there are at least 22,000 such warrants issued in the period,

2000—2014. How many of these are issued by the court? How many people are named in

chargesheets/challans? The villagers said that there were from 50-200Adivasis named per

warrantissued by the police. These warrants do not include details such as the father’s name or

the name of the village of those named. In several instances, the warrants were issued against

unnamed people. All of them have been declared ‘absconders’. In other words, it means that

there are roughly 1.1 million to 4.4 million ‘absconders’ in Bastar as per the police record!

A closer examination of the problem reveals the sheer enormity of the prevailing situation.

For instance, in Bijapur district alone there are 1000 such warrants. The number of ‘absconders’

in Bijapur could be anywhere between 50,000 to 200, 000, for a total population of 255,230!Even

if there are multiple warrants against one person, named or unnamed, the sheer scale of

‘absconding’Adivasis reveals that an entire people have been turned into accused. It is another

way of saying that the government has declared war against millions of our own people and, the

sordid reality is that the war against the Maoists is a war being prosecuted against the Adivasis.

Impunity: The situation raises a serious question, whether the government forces have

been given a carte blanche from their seniors, or do they work on orders from political authorities?

Refusing to even register an FIR constitutes a clear violation of the Supreme Court’s guidelines

as laid down in Lalita Kumari vs. Govt. of UP, 2013 where the apex court held that registration

of FIRs is mandatory for any cognizable offence, under section 154, Cr.PC. But here in Bastar,

there is no effort on the part of senior officers to ensure that these guidelines are followed. All in

all, this sends a clear message to the field troops that they are allowed to operate asa law unto

themselves. Is this not what the Union government intended when its Home Minister, Rajnath

Singh, stated at the 33rd symposium of police training institution in Jaipur on 3rd September, 2014

that, “As Uttar Pradesh Chief Minister, I had assured police force of full freedom from hassle

of human rights commission while dealing with Maoists”?In the same symposium, Singh assured

the present police chiefs that under his stewardship in UP, his men in uniform were exempt from

worries of human rights violations and commissions of inquiry: “I told them that they need not

worry about the commission as I was there to face its ire,”

The villagers point out that soldiers consider them to be either Maoists or Maoist supporters.

If any incident occurs, the villagers bear the brunt of soldiers’ anger. The common arguments

that it is the Maoists who compel them to put their lives at risk, or that, ‘both sides’ should desist,

fails to impress them. Their answers repeatedly return to how their security and safety was

threatened by the camps and that such things did not happen before the Salwa Judum when

there were no camps. When asked if it meant that since theSalwa Judumthese camps have

come up and thatis the root cause, they concurred. Even if massacres have not recurred, the fact

they took place in the immediate past is a reminder of what can happen to them. If the Sarkeguda

massacre shook them in 2012, then Edasmeta killings in Bijapur district where 8 villagers including

three children were shot dead on 17th May 2013 reminded them of what the forces were capable

of doing. Killing of Adivasis every now and then, arrests and incidence of harassment and

threats are routine. Stealing few hundred or thousand rupees may appear inconsequential to

many outsiders. But when it is placed against the cash earnings of Adivasis,who make, at most,

Rs 15-20,000 per annum from working on chilli farms or from sale of minor forest produce, then

the loss can be placed in a perspective and its relative immensity for Adivasisbe fathomed.Since

the Adivasis can be picked up any time, the fear of detention is coupled with the humiliation of

‘begar’. The point about the camps is not restricted to the problem of probable arrests and

forced detention; it is equally about normalizing reprehensible feudal attitudes in the name of

defeating Maoism. Thus, these camps have shaken the villagers’ confidence and increased their

insecurities as they are subjected to the “period and daily” harassments and humiliations, along

with incarceration and mounting legal expenses. All of this strengthens their resolve to demand

the removal of the camps.

Militarization, Mining, Environment and Health: A decline of agriculture, declining

quality of water and water bodies, thinning of forest cover in the region, are all visible to the

naked eye. Could there then be a causal link between iron ore mining in Bailadila and degradation

of the surrounding area and its flora, fauna, human settlements? Could the illness people spoke

of, high fever, nausea and retching, be related towater contamination in these parts? In a recent

study [“Environmental Impact due to iron ore mining in Chhattisgarh”, Recent Research in

Science and Technology, 2014, 6 (1): 27-29], Bhumika Das suggests that mining has an adverse

impact on surrounding environment, including surfaces and ground water. Besides chemicals

used for mining, the runoffs from rock debris and the dumping of the runoffs in surface waters,

all increase the possibility of water and soil contamination. Das particularly draws attention to

how the method of open cast mining which uses heavy machinery to extract the iron ore from

‘open pits’ has an immediate, adverse impact on the environment. The demonstrable evidence of

the contaminated rivers, Shankhini and Dankini, are living proofs of such damage having already

occurred.

It is no secret that the policy of attracting and securing FDI in mining is one of the major

motives behind Operation Green Hunt. Apart from the difficulties brought by Operation Green

Hunt and the war against the Maoists, the acceleration of ironore mining threatens to bring an

augmentation in the environmental pollution and in the destruction of the self-sustaining economy

of the Adivasis. A sharper understanding of this problem emerges when one bears in mind the

studied indifference of the Central and state governments towards these problems and in

theiractive continuance of the discredited policy of unbridled exploitation of mineral resources.

The Adivasis who have been and are actively kept out of having a say in their future, are left to

suffer the fruits of such‘development’.

Conclusion

Counter-insurgency is meant to target those very people whom the forces are also said to

‘protect’ or win over. In other words, since the Adivasis are suspected to be hand in glove with the

Maoists, therefore, every time a bomb blasts causes casualty, soldiers attack the villagers. The

irony lies in the fact that the troops are stationed there in order to ‘protect’ the Adivasis! Quite

clearly, the idea is to erode the Adivasi will in resisting the state and in compelling them to be

receptive towardsofficial overtures. In such a situation, where officially it is deniedthat Bastaris a

war-zone, the rule of law also does not prevail. This makes for a ‘kafkaesque’ situation, where the

full might of law targets Adivasis and the executive protects the soldiers by ensuring that sanction

is not given for prosecution of soldiers and officers for war crimes committed in ‘line of duty’.

Consequently, the standard rules of engagement are never adhered to because the situation of war

is never admitted to. It needs to be noted that while the soldiers are all armed, the Adivasis are

prevented from bearing their traditional arms such as bow and arrow in Schedule areas. Such

military diktats which turns a constitutional right into a criminal act-is only possible in a war-zone.

The truth that in a war-zone the military calls the shots has now been sanctified. The Integrated

Action Plan (IAP) was conceived by the Planning Commission under UPA II Government as a

way to engage Gram Sabhas and bring ‘development’ to those districts where Maoists/Naxalites

were strong. Until now the IAP was implemented by the trinity of Collector, Superintendent of

Police and District Forest Officers(under pressure from Ministry of Home Affairs) arguing that

local bodies were weak or non-existent in most places. Now, under theNDA Government, the

Central Paramilitary Forces will get a say in the IAP spending. And, unlike in the past where the

district was the unit for disbursement of funds,now it will be decided at the block level, a process

which will only enhance the role of the military. Consequently, the divestment of authority which

Fifth Schedule, PESA or FRA envisaged for Gram Sabhas is being totally subverted as the

military has been elevated as one of the major deciders of fund allocation.

India’s domestic laws and judiciary also have fallen short of ensuring protection to civilians.

Instead, the executive’s authority to wage war has been upheld as constitutional and legal immunity

to armed personnel involved in war crimes has been strengthened. The most the apex court has

done is to show its concern by either granting compensation to victims, or in raising the compensation

amount. The High Empowered Committee set up by the Ministry of Tribal Affairs noted in its

report the reluctance of courts to give bail to those implicated in ‘naxal offence’, even though,

“naxal offence” does not mean a cognizable crime; it is a euphemism for charging people under

serious sections of IPC, Arms Act or the Explosives Substances Act on grounds of being a Maoist

supporter or sympathizer. As this report shows, all Adivasis living in Bijapur are suspects in the eyes

of the law and many are picked up and thrown into jail for precisely this. Significantly, following the

kidnapping of the Sukma district collector, the State Government, in May 2012, set up a committee

headed by Nirmala Buch to review the delay in prosecution of Adivasi undertrials in Chhattisgarh.

The one “relief” the Buch Committee proposed was that bail should be granted on grounds of

poverty or ill-health. The Committee continues to meet every once in a while and releases a list of

Advisasis in whose cases the prosecution is advisednot to oppose bail. But the Committee has not

bothered to even once examine the issue of permanent warrants and demand a judicial review of

the cases.

Consequently, the periodic massacres and daily harassment that the Adivasis suffer which remain

unreported have assumed grave concern. The regular patrols by masses of troops, presence of armed

combatants in buses and on the roads, intimidation of people while at work, home or in open fields or

while travelling—all these and more show how the overt violence of the Salwa Judum has been

replaced by more calibrated violence which is daily, routine and constant. The impact of the dual

strategy of ‘periodic and daily’ violations easily threatens the Adivasis from talking freely and sharing

information. In several instances, villagers would say ‘so and so’ will speak for us. They would speak

only if a question was posed, or if someone had something specific to say. Additionally, they are denied

access to any official information concerning their area. For instance, whilst people fear that as many

as 300 villages will get submerged by Polavaram Dam, the official report of the Central Empowered

Committee, 2006 mentions four settlements with 2335 families, including 11,766 people will be affected

by the dam. So what is the truth? Are the fears unfounded? If so, then why has no information been

provided to assuage the insecurity experienced by the project?

In every instance during the fact-finding, it was clear that the government forces are considered as

predators. Their very name sends that message-’Cobra’, ‘Greyhounds’. It is remarkable how something

as inane sounding as ‘CRPF’ has, however, also become a pejorative term in these parts. Are these

forces only living up to carry out the task assigned to them? What if this task, to bring a people to

submission in order to accelerate mining activities, and degradation of environment, is contested by the

people? Are soldiers and officers even aware of this contested reality? Do they have an opinion? Does

this inform how they act on the ground? These questions are not rhetorical. This is what happened in

Saranda (Jharkhand), where Maoists moved out in 2011 and the CRPF moved in with nineteen camps

to enable mining activity. In Rowghat (Chhattisgarh) the process is on but is being resisted; as it is in the

area of the fact-finding, all around in the Bailadila mining belt. There is nothing noble in this venture being

pursued. Ignoble is an apt word to describe the way Indian military fights to ‘sanitise’ an area in order that

a contested ‘development’ model is rammed down people’s throat.

Nine villages covered in three nights and four days may not capture the reality in all its

macro and micro dimensions. Yet, it is a representative microcosm of the reality in the war-zone

if the vantage point from which we perceive reality shifts from where the official order operates

to one where it does not. War sharpens all perceptions. It cannot be otherwise, when ‘kill or get

killed’ is the rule that governs war. Likelihood of death hovers all the time. So long as it is two

uniformed forces fighting a guerilla war, they are both obligated to follow the highest standards

of engagement; that is, if they are true to their declared lofty goals. But both sides are forbidden

from endangering civilian lives. In the present context, while both sides have erred yet, as a

matter of fact, the Maoists, by all accounts, have done less harm and have acted more responsibly

towards civilians. Most importantly they are not feared, despite being guilty of war crimes. It

sets them apart from government forces as they are deeply embedded among the people.

The paradox is that the Government argues in favour of prosecution of war, wiping out

‘Naxalism’, before commencing “development”. Thus for the time being, private corporations

have put their new projects on hold until such time the forests are cleared of Maoists as it is felt

that if the projects were to commence, the Adivasi resistance may be revived. However, public

sector corporations are expanding their activity here. Two new mines will begin production in

Bailadila and a joint venture of NMDC-CMDC integrated steel plant is coming up at Nagarnar.

This warped development that the Government is bent upon pushing is clearly guided by the

policy of opening up of forest land for corporate exploitation. The thinning of Adivasi population

in settlements has the happy consequence for corporates to make an easier acquisition of leveled

land ready for picking. As a result the local economy, especially agriculture, is being allowed to

decelerate and the matter is viewed either as an acceptable consequence, or a necessary collateral

damage caused by intensified operations. The hypocritical claims of senior police officers,

commanders, and government leaders about ‘protecting’ the civilians from the Maoists, hides

this sinister reality.

It is not the Maoists who are preventing farming; it is the conduct of the government forces

which is bringing this about. That such conduct violates every Constitutional provision and law

meant to protect Adivasis obviously does not matter to the Government. Food and shelter is

something that is available to children at home too. Education too was once accessible through

the state government run schools. Instead of improving this system, these schools are being

deliberately run down and children are compelled to study in ashram schools. Consequently,

children are forcibly being separated from ‘natural’ surroundings of their lived culture and emotional

security of home. They are confined in enclosed spaces with a regimented life. Is this not a sign

of indoctrination, of drawing them into the ‘mainstream’ by making their physical surrounding

inhospitable? That this mocks at the assurance and promise of “sustainable development” is not

a matter which greatly troubles the Government.

NMDC together with CMDC are starting two new mines in Bailadila hills. The military

objective appears to be to protect this investment. The problem posed to the environment by

NMDC’s two large open cast mines at Kirandul and Bacheli, including pollution of Shankhini and

Dankhini rivers, are going to get much worse. The issue of land and forest land, which is at the

very heart of the self-economy of the Adivasi life and which also nurtures their self-identity, is

under assault. To be physically ousted or driven away by the dwindling forests and degrading

natural environment is what awaits Adivasis. What these nine village exhibit is not very different

across Bastar. With variations no doubt, but manifesting more of the same, it makes for a shared

reality. Warrants and absconders represent the legal war, as violent as the baton or bullet, probably

more lethal as their staggering numbers vouch for. Surely, 1.1 million to 4.4 million unnamed

‘absconders’, is a mark of the state going berserk. Is it not? While the Union Government may

believe that their forces will wipe out ‘Naxalwad’ in three years, in these parts, people believe in

Kamlesh Jhadi’s parting words, ‘aap aadmi ko maar sakte hain, vichardhara ko nahi’(,you can

kill a person, but you cannot kill an ideology.)

Cover 1

(Title of the Report)

Murder, Protest, and Police Repression in Revali:

On 6th January 2015, security forces entered the village of Revali in Dantewada District and

shot dead Bhima Nupo around 10:00 a.m. Nupo, a forty year old man and father of five, was

unarmed and had gone to collect firewood in the forest with his wife. The firing was unprovoked

and the entire incident was witnessed by Nupo’s wife,Budhri. The security personnel then

proceeded to beat up villagers and took away some of their poultry, money and other

belongings. When Budhri and the village sarpanch went to the Nakulnar police station to record

an FIR, they were intimidated by the police. Instead of recording an FIR against the security

forces, the police registered a case against ‘unknown, uniformed and armed Maoists’, despite

Budhri’s clear statement that her husband was killed by the police.

Consequently, the incensed villagers along with Soni Sori and the Jagdalpur Legal Aid

Groupdecided to gherao the SP and Collector of Dantewada to demand compensation and

investigation. A protest march was held on 16th January with around 8,000 villagers from 20

panchayats, led by Soni Sori and local panchayat leaders. There was tremendous pressure from

heavily armed police, SDOP, the Tehsildar, the Thana- in-charges of Nakulnar, Bacheli and other

thanas to stop the march. The excuse provided was that section 144 had been imposed under the

Election Code of Conduct for the Panchayat elections which disallows gathering of more than 5

persons. The villagers were stopped from proceeding to Dantewada and were herded into a

stadium in Hitawad. Despite the persistent presence of armed police personnel, the determined,

yet peaceful protest compelled the SDM, Haresh Mandavi, and ASP NareshSahu to meet the

sarpanches,Soni Sori and the family of Nupo Bhima. While the Collector and SP refused to meet

the delegation, the SDM and ASP agreed to the demands of a judicial inquiry and an initial

amount of Rs5 lakh as compensation, within ten days.

 However within a few hours the SP and Collector denied to the media that they had agreed

to the villagers’ demands. The Collector, K C Devsenapati, stated that prima facie there was no

evidence to establish as to who killed Bhima. The SP Dantewada denied that security personnel

were involved in the killing and said that the incident occurred after the forces had ‘returned

from the region’. Worse, the local police of Nakulnar PS went on record to say that the allegations

against the police were false; that the FIR was lodged as per the villagers’ testimonies which

clearly said that the Maoists had killed Bhima. Under these circumstances, where the officials

have already arrived at a decision, the inquiry conducted will be nothing more than a farce.

 It is clear that the security forces are being given a clean chit by the authorities. But the

authorities have accused Nupo Bhima’s wife, Budhri and all the other villagers of lying. FIRs have

been filed against Budhri, Rakesh (Sarpanch of Rewali), Soni Sori, sarpanchs of other villages,

women who went with Budhri to file the FIR after Nupo Bhima died, various AAP members who

were present in support of the march, and many other villagers who were part of the rally.

List of Available PUDR Reports on Chhattisgarh

1.When the State makes War on Its Own People: Violations of People’s

Rights during the SalwaJudum, May, 2006 (Joint Report)

2. Casting the Net Wider: The Chhattisgarh Special Public Security Act,

2006, June, 2006 (PUDR)

3. Through the Lens of National Security: A report on the Arrest of Dr.

Binayak Sen of PUCL Chhattisgarh , February, 2008 (PUDR),

4.Of Human Bondage: An Account of Hostage Taking in Bastar,

March, 2011 (CDRO)*

5. Zindagiyon ki Keemat (Hindi of above)

6. Anything Goes...In the Name of National Security: The Story of Soni Sori,

March, 2012 (Joint Report)

7.Who is the State Hunting? (A report on some incidents of massacres by

Security Forces and Salwa Judum under Operation Green Hunt, in Bijapur

and Dantewada districts of Chhattisgarh between 2009- 2012),

September, 2012 (CDRO)

8.Working Against Odds: Condition of Workers in the Cement Industry in

Chattisgarh, November, 2012 (PUDR)

*Co-ordination of Democratic Rights Organisations (CDRO). For PUDR and

CDRO press statements on Chhattisgarh see: www.pudr.org

Published by: Secretary, People’s Union for Democratic Rights, PUDR

Printed at: Progressive Printers, A-21, Jhilmil Industrial Area, GTRoad, Shahdara, Delhi 95

For Copies:

Dr..Moushumi Basu, A-6/1, Aditi Apartments, Pocket D, Janakpuri, New Delhi -110095

Suggested Contribution: Rs. 15.
Published by: Secretary, People’s Union for Democratic Rights, PUDR

Printed at: Progressive Printers, A-21, Jhilmil Industrial Area, GTRoad, Shahdara, Delhi 95

For Copies:

Dr..Moushumi Basu, A-6/1, Aditi Apartments, Pocket D, Janakpuri, New Delhi -110095

Suggested Contribution: Rs. 15.nd Dantewada districts of Chhattisgarh between 2009- 2012),

September, 2012 (CDRO)

8.Working Against Odds: Condition of Workers in the Cement Industry in

Chattisgarh, November, 2012 (PUDR)

*Co-ordination of Democratic Rights Organisations (CDRO). For PUDR and

CDRO press statements on Chhattisgarh see: www.pudr.org

Published by: Secretary, People’s Union for Democratic Rights, PUDR

Printed at: Progressive Printers, A-21, Jhilmil Industrial Area, GTRoad, Shahdara, Delhi 95

For Copies:

Dr..Moushumi Basu, A-6/1, Aditi Apartments, Pocket D, Janakpuri, New Delhi -110095

Suggested Contribution: Rs. 15.