Thursday, September 4, 2014

Report from Fact Findings Conducted on 18th and 19th April 2013

Report from Fact Findings Conducted on 18th and 19th April 2013

A team consisting of lawyers, human rights, civil liberties and democratic rights activists went for a fact finding mission to the village panchayats of Edanar in Kanker District and Khadkagaon in Narayanpur District.  The goal of the mission was to investigate and document the police atrocities that came to light through the voices of the Edanar villagers before the National Human Rights Commission 12th April, 2013 in Raipur, and examine the associated legal issues, and the overall context in which the violence occurred.  

On 18th April this team visited two villages of the Edanar Panchayat- Edanar and Malmeta.   A public meeting was held in Edana in which over fifty villagers attended and in which they voiced their grievances.  Subsequently the team conducted individual visits to  the homes of more than 15 affected persons of Malmeta Village to speak with victims’ family members, and to understand the social and economic impact the atrocities may be having on their households.  
On  19th April, with the help of a local Sarpanch, the team travelled to Anjrel Village falling within the Khadkagaon Panchayat, of the Narayanpur District which is a five kilometre climb from the foothills of the Mahadevgiri Mountain. Here the team engaged with over 40 villagers and recorded their stories about police atrocities in their locality.  

The methodology of the team was to speak to the directly affected villagers of the three aforementioned villages to document their qualitative accounts, first in large groups to get an overall picture of the abuses, and then in individual home visits.  Where possible, the team engaged Sarpanches and other Panchayat representatives. In several cases of severely traumatized victims the team engaged in one-on-one discussions.  We also met with one local Antagarh lawyer, who is handling the cases of several of the victims.  For background details of the locality, the team resorted to news reports found online written within the past three years.

Team members included: Shishir Dikshit (Lawyer, Janhit Legal Center), Lakhan Singh (Chhattisgarh Bachao Andolan), Somdutt Upadhayay (Lawyer, Bilaspur Social Forum), Tathagata Sengupta (People’s Union for Civil Liberties, Chhattisgarh), Samantha Agarwal (Sanhati), Pinki Verma (Chhattisgarh Mukti Morcha-Mazdoor Karyakarta Samiti), Keshav Sori (Chhattisgarh Bachao Andolan).

The following report has been jointly prepared by the members of the fact finding team.

The case of Edanar

The case of Edanar first came to the notice of  members of this team in an interaction  by the National Human Rights Commission (NHRC) on April 12th, 2013 at the Circuit House, Raipur with statewide representatives of voluntary organisations. About 30 members of the Edanar panchayat, which is in the Kanker District of North Bastar, had pooled together some cash and rented a vehicle to come to Raipur the previous night and submit a detailed representation to the Scheduled Castes, Scheduled Tribes Commission regarding the various instances of repression they are facing.  On the following day two representatives from Edanar Panchayat - Pyarilal Tandia and Nandlal Potai - attended the Raipur camp of the National Human Rights Commission and made verbal representations to the NHRC Panel chaired by the (Retd CJI) Justice KG Balakrishnan.  They also submitted a detailed letter to the Commission, outlining various instances where the policemen of Police Station Tadoki , and personnel of the CRPF and BSF have, without a warrant, picked up villagers from their fields, homes, and have beaten them, arrested them or both, and branded them as Naxalites, although villagers claim they have no affiliation with Naxalites (See Annexure 1 for Copy of the Representation Made by Edanar Villagers).  Members of this team thereafter decided to conduct an independent fact finding investigation in respect of  the cases that were mentioned by the Edanar representatives at the hearing.  

Incident of 23rd January, 2013

During the early hours of January 23rd, 2013 two villagers, Phaguram (age 45) and Koluram (age 32), were asleep in their fields in Gudrapada, near Edanar Village, when they heard a noise.  They shone their torches and found a band of over 100 CRPF personnel and police surrounding them.  Immediately the police picked them up and started beating them, after which the police took the injured villagers to the nearby Malmeta Village.  There the police broke into the home of Ujiyar (age 35), who was threshing rice and looted Rs 10,000 from the home.  Then they proceeded to the home of Jailal, who was also threshing rice. By this time it was around 5 or 6 am. The police forces attacked him, and made him come with them to the village school compound where there were over 50 other security personnel who seemed to have stayed the night there. There three police beat him mercilessly with sticks, on his legs, thighs, waist, back, all the while accusing him of aiding Naxalites.  He was limping for a month after the incident.  Another man, Dannuram, was beaten up badly, and yet another man, Mangalram claims to have been robbed of his chickens and hens.  A man by the name of Roop Singh (age 32), also from Malmeta, was arrested without the police having shown a warrant, nor was his family otherwise informed in what connection he was being arrested.  He is still in jail today, and according to his neighbors, his family is facing an acute economic crisis due to the arrest. The only able bodied persons at his home are his father (55 yrs), his mother, Ramabai, and his wife. He has a brother who is physically challenged, and who, therefore, cannot work. He also has three daughters and one son, all in the range of 4 to 6 years.  The family is also in dire need of legal aid.

23rd November, 2012 Incident
The team was told that sometime in 2006/07, the security personnel looted Rs. 4,000 from Jahnuram Sodi of  Malmeta Village while he was at the local market. He went to file an FIR, but was instead himself arrested, after being shown a “stai” (standing) warrant allegedly for being a Naxalite. He has been released and arrested twice since then, the last arrest being in Nov 2012. He is still in jail.  The incident suggests that if someone from Edanar attempts to be proactive about injustices caused to them by going to the police, he or she can be subject to repeated harassment and imprisonment.  It also points to the futility as well as near impossibility of trying to file an FIR.

22 October 2012 Incident
Seven villagers- Premlal Nureti, Gannuram Nureti, Jainuram, Garwaram, Shobiram, and Shamrath- were picked up from Malmeta Village and subsequently jailed.  They continue to be in jail to this day without being granted bail.  Members of this team spoke to the families of the villagers.  Summaries of those conversations are provided below.

The case of Gannuram Nureti

Gannuram (age ~35) was picked up from inside his house, around 6 am, in front of his wife, Ramai. She was lighting the chulha and washing utensils at the time. Suddenly three police officers and several Special Police Officers came inside the house, while the rest of the 80-90 strong security force stood outside. They brutalized Gannuram, beating him on his waist, legs, back and chest with sticks. They accused him of helping the Naxalites, and arrested him without showing any  warrant for the arrest of informing the family in what connection he was being arrested.  Gannuram and his wife have four children, in the range of three to eleven years. Their main source of livelihood is their land measuring around 4-5 acres, and the forest for the lean season. Ramai is now the only adult in the family and is struggling to manage the household entirely by herself. She has to simultaneously tend to the field work, though she is helped by the villagers who farm her land and give some of the produce back to her.  Gannuram is in the Kanker Jail, which is a considerable  distance from the village and it is very costly for the family to travel to the jail for visits. Their family has no ration card, no job card, and very little steady income. The household is suffering from acute economic crisis. Both Ramai and the children seem to be malnourished, and could succumb to serious illnesses any day.
The case of Premlal Nureti

Premlal was at home along with his family. Five officers came in at around six in the morning. They woke up the village primary school teachers who generally sleep in this house. Then without showing any warrant they started searching. Here they did not beat anyone, but looted utensils and clothes. The local T.I. was also present during the search operation. Although the police got no implicating items from the house, they took away Premlal, claiming that they had a stai warrant for his arrest, and accusing him of being a Naxalite. The SPOs were the ones who came inside the house, while the CRPF waited outside, which, according to locals is the standard practice for such operations.  Some people from this village who used to be close to the Naxalites, had been expelled from the village because of some malpractices on their part. These people fled to the city and turned into police informers and SPOs. They are the ones that generally lead this kind of combing operation. Premlal, on the other hand, had no connections with Naxalites.
When we asked Chamru Ram, brother-in-law of Premlal, why, if Premlal and the other six villagers were not Naxalites, were they being targeted by the police.  He stated that the violence they face may have to do with the fact that this entire area is opposed to the proposed Raoghat iron ore and Keshkal mines.  

Incident of 3rd August 2012

Vijay Dhanelia (age 40) of Edanar Village had gone to the forest near Jampara in the morning hours for neem daatun. The security personnel fired at him from inside the forests without any provocation or warning. One bullet hit his forehead. The police took the corpse with them, and returned the corpse to Tadoki village after the post mortem. But the post mortem report was not shown to the villagers. Villagers claim that Vijay had no connections with the Naxalites, but the police claim that he was killed because he was a Naxalite.  

On the same day, teenagers Harendra Kumar (age 18), Manesh Goud (age 19), Rahul Kalar (age 16), and one young man Bisambhar Sahu (age 32) were picked up by police when they were chit chatting on the road by nearby village, Sarandi.  They have been in jail without being granted bail, ever since. These are only few instances of what is widespread in the village. We documented at least 10 other cases of individuals being jailed without any valid grounds, and then being released because of lack of evidence. But the incarcerations can go up to as long as 3 years, for instance in the cases of Deoram Nureti (s/o Kachheriram, Age 22), Bhanwar Singh (s/o Deolal, Age 40) and Sobhrai Dharru (s/o Gandoram, Age 23).

There were at least a dozen similar instances narrated to the team, dating back to 2004; however prior to 2012, the exact dates of incidents are not known to the people as they have no written record keeping system of these atrocities, and FIRs are practically never lodged. There is one exception, however, which has a noticeable impact on the group’s collective memory.  The case dates back to 22nd November 2010, when Ankalu Ram (age 50) was passing through Bhanupratappur and heading towards Kanker to help his sister with the harvest.  He was on his way when Ravindra (a.k.a. Indradev) Bhuria, a police informer, caught him at Bhanupratappur, and accused him of being a Naxalite and of killing his father. Ravindra was drunk. He snatched the Rs. 200 that Ankalu was carrying, and stabbed him in his stomach. The police took Ankalu to a hospital in Kanker. The hospital refused to admit Ankalu, after which the police handed him over to his sister. His sister took him to the government hospital in Raipur. Ravindra has since been arrested and remains in jail-this is perhaps one of the only cases where the village has seen any “justice” for the crimes committed on them. And it is not difficult to imagine why, as the crime was committed in broad daylight with a number of witnesses, and the assailant was a plain clothed civilian informally working for the police (thus making him an easy scapegoat).  However, the state has yet to provide any compensation to Ankalu, who is now unable to work because of his handicap.  

Although the above sequence of events seem to suggest the pattern of one major incident every month or every other month, villagers say that the security forces visit the Panchayat at least twice every month.  They always come from Tadoki (8 km from Edanar), where there is both a police station and BSF camp combined, along with a CRPF camp.  Combing operations, it seems are almost always conducted by the CRPF in large numbers, but typically the police and SPOs the members of which are characteristically plain clothed, are the ones who physically carry out human rights abuses.  Operations are never announced, and warrants are never shown for searches or arrests.  Forces usually approach the village from the jungle and leave via the main road.  

The Case of Anjrel

In the course of the discussions the team had at Edanar Panchayat, the case of a small mountain village, Anjrel, in the Khadkagaon Panchayat, was repeatedly brought to our attention.  We were informed that it is a well known fact in this region that the police are intimidating families into leaving Anjrel.  We also heard that men are fearful to stay there so are relocating to the plains, sometimes with their families and sometimes on their own.  When we came to know this, this team visited the village of Anjrel with the help of a local Sarpanch to confirm these allegations.   

In Anjrel, this team met with a group of 40 villagers. For the past 3-4 years SPOs have been coming frequently to this village, usually at night. At times they are accompanied by armed forces consisting of CRPF and police personnel from both the Narayanpur, and Raoghat camps.  The security forces often conduct combing operations and raids, while SPOs beat and harass people. Usually the SPOs threaten the villagers that they “should leave this village and settle in Narayanpur”. It was told to this team found that in the past four years (since 2009) 17 families have left this village out of fear of the SPOs who come and terrorize, loot, beat, and molest the locals of this village. When the villagers were visiting the nearest market in Narayanpur for foodstuffs and metal items they were often harassed and attacked by SPOs in civil clothes, so now Anjrel villagers only visit the markets in Baisgaon, Kolar and Tadoki in Kanker District, where they are not harassed as much.  

We were also informed that the SPOS also try to recruit locals to join their squads, and sometimes locals are joining out of fear of the alternative; allegedly several men from this village (Suraj, Rajesh, Sanku, Aitu and some others) have moved to Narayanpur and become SPOs. Now they work with the police as informers and also as instruments for the police in striking terror with the villagers.
Interestingly, the extent of repression happening in Anjrel, does not seem to be matched by that of neighboring villages, although the villagers categorically state that they are not Naxalites. “If we were Naxalites, we would have lived in the forests. Why would we do agriculture here?”

August 2012 Incident
This happened last monsoon (~August 2012). Budhram Nureti (age 25) was sitting by the fire, at his home in the evening around 7 PM. The drunk police informers (SPOs) came with an axe. They hit him on his head with the axe, and started beating him with sticks. Budhram's skull was fractured, and a stream of blood covered his face. He ran to Ankaluram's (s/o Rainuram, ~45 years) house nearby, for protection. Ankaluram tried to protect Budhram but he was also hit on his head with a burning stick, one which the goons had collected from the fire burning at his place. After this the SPOs fled, the villagers took both Budhram and Ankalu to the Government hospital at Narayanpur. All villagers then went to the Narayanpur police station to file a complaint. But the police did not register a case. They wrote an unofficial record of the incident, and sent the people back promising that they will look into the case and call them back. But the villagers were never called after that. Budhram has now left the village out of fear. He works in Khadkagaon doing daily wage and sends money home to support his parents.

October 2012 Incident

Sometime in October 2012, three women from Anjrel – Ranai (45), Sanku (~40) and Shanti (~35) had gone to the Narayanpur market for their weekly groceries. They were returning to Anjrel by walking, around 3 in the afternoon. They didn't know that they were being followed by three SPOs from the market. Near Mahka village, where there was no one else on the road, 3 people riding on motorbikes stopped them, and started beating Ranai with their fists and legs. The beatings went on for around 10 minutes, after which the attackers went back, leaving Ranai in acute pain with a bleeding nose. The villagers didn't try to file any police complaint this time.

March 2011 Incident
In March 2011, Chain Singh Kumeti (age) was imprisoned at the Jagdalpur prison, on charges of being a Naxalite. A police force of 300 policemen were conducting a combing operation in the forests around Anjrel. At around 4 pm, Chain Singh along with two others – Saudev Dugga and Dhaniram Dugga – were picked up from their homes by SPOs, who then proceeded to beat the men with sticks. All three of them were kept in the police station for three days. The SPOs continued beating them in the police station, in front of the police, with sticks and boots. After three days, Edanar villagers came and sat at the police station., asking for their release.  Two people were released by the police after this, but Chain Singh was jailed and remains in jail today.

***
It is clear that the various cases that were brought to our attention in Edanar Panchayat and Anjrel Village do not exist in isolation, but are a part of a long history of unchecked and undocumented violence that has been transpiring in North Bastar at the hands of the state police, CRPF, BSF, and the Special Police Officers who continue to operate in this area, despite the Supreme Court Order requiring them to disband.  This team also feels that the events must be looked at in the context of the Central government and Chhattisgarh State to militarize the entire area to facilitate the process of mining.
                  
Militarization for the Sake of Mining

In 2011 a plan was mooted by top authorities of SAIL, and subsequently approved by the Home Ministry to deal with the growing militant opposition to the cutting of trees in Rowghat Hills.  The proposal would involve the deployment of around 7,000 full time paramilitary and police personnel (2 battalions of CRPF consisting of 1,135 personnel each, 2 battalions of BSF consisting of roughly 1,400 personnel each and 2 police forces consisting of 1,000 personnel each) in a small geographic area near the Raoghat Hills in Anthagad Block.  If one considers the entire population of Antagarh Block of 64,820 as per 2001 census data,  this amounts to a ratio of one soldier per nine civilians.  In actuality the soldier to civilian ratio will be even higher, as Antagarh Block is presumably a much larger representative area, than what will be covered by armed forces underneath this plan.
The police atrocities in the Khadkagaon panchayat till date may further be connected to the state government’s motivation to squash any opposition to the transferring of of a large amount of private and common property land to BSP and other mining companies. Particularly the village of Anjrel, which this team visited on April 19th, seems to fit this profile, as it is at a strategic location for Steel Authority of India Limited/Bhilai Steel Plant’s 14 MTA 2,028.797 ha mining operation at Raoghat Hills.  As per official project documents prepared by BSP, “Anjrel” is actually the name of one of the six sub-blocks of Block F of Roaghat and is among the three which are to be mined in Phase-I, along with Block-A and Tarhur. North of Anjrel Village, the company plans to establish an explosive magazine on 2.235 ha of land, which will require the complete displacement of Anjrel village and all surrounding wildlife, as per the project’s technical documents.  Anjrel will also be the location of a crushing plant, and a conveyor gallery. Interestingly when we spoke to villagers they were completely unaware of BSP’s project which has received its final clearances in 2009 from Ministry of Environment and Forests.  Neither have they been informed that they will be displaced, nor have they been notified about land acquisition by the tehsildar, nor has their gram sabha been consulted about the project.  The only experience the villagers have had with company was in 2012, when, they claim, BSP came and conducted a survey of the nearby forest.  Even in this instance, the company did not meet or communicate anything about the project to Khadkagaon villagers.  
It is suspect that Anjrel locals say that while there are five villages in Khadkagaon Panchayat, Paralbhat, Supgaon, Kairabhat, Khadkagaon, and Anjrel, and dozens more villages in and around this mountain, yet Anjrel has been the focal point of all of the police violence.  As mentioned above, Special Police Officers (SPOs) and Narayanpur police visit this village frequently and terrorize the people with the line that they should “leave this village and move to Narayanpur”.  This we suspect may have to do with the fact that only Anjrel out of the five villages in this panchayat, will be mined in the first Phase, while Khadkagaon is the name of another one of BSP’s sub-blocks in Block F but it will be mined in Phase-II.  It could be that, for reasons unknown to us, the company prefers not to reveal officially that there are any villages within their mining lease area; it is more convenient for them that the state uses extralegal means to instill terror in, and thus dislocate, these villagers.
  
The use of SPOs to do the dirty work of CRPF/BSF 

On July 5th, 2011 in Nandini Sundar & Ors. Versus State of Chattisgarh Writ Petition (Civil) No(s) 250 of 2007 the Supreme Court of India stated:
75. We order that: (i) The State of Chattisgarh immediately cease and desist from using SPOs in any manner or form in any activities, directly or indirectly, aimed at controlling, countering, mitigating or otherwise eliminating Maoist/Naxalite activities in the State of Chattisgarh;
A key feature of the operations that have been occurring both in Edenar and Anjrel is the use of SPOs as a means to “unofficially’ physically harass, propagandize, threaten and loot villages, while CRPF and security personnel conduct “sanctioned” combing operations.  This in lieu of the aforementioned Supreme Court order is not only illegal, but it is also unethical since the Special Police Officers are members of the village community.  By co-opting them into this unofficial police force, the State is creating deep conflicts and fissures in the local community for which it remains entirely unaccountable. This team has been told that there are instances where the SPOs were even entrusted with the task of beating people in police remand, in front of the police. It seems the arrests also happen in a purely unconstitutional manner. No arrest warrant and no search warrant is ever shown. The police can effectively walk into any house and conduct searches, pick up anyone they chose, without having to show any reason whatsoever, keep people in police custody for however long they want to, etc.

The use of SPOs to do the dirty work of CRPF/BSF

On July 5th, 2011 in Nandini Sundar & Ors. Versus State of Chattisgarh Writ Petition (Civil) No(s) 250 of 2007 the Supreme Court of India stated:
75. We order that: (i) The State of Chattisgarh immediately cease and desist from using SPOs in any manner or form in any activities, directly or indirectly, aimed at controlling, countering, mitigating or otherwise eliminating Maoist/Naxalite activities in the State of Chattisgarh;

A key feature of the operations that have been occurring both in Edenar and Anjrel is the use of SPOs as a means to “unofficially’ physically harass, propagandize, threaten and loot villages, while CRPF and security personnel conduct “sanctioned” combing operations.  This in lieu of the aforementioned Supreme Court order is not only illegal, but it is also unethical since the Special Police Officers are members of the village community.  By co-opting them into this unofficial police force, the State is creating deep conflicts and fissures in the local community for which it remains entirely unaccountable. This team has been told that there are instances where the SPOs were even entrusted with the task of beating people in police remand, in front of the police. It seems the arrests also happen in a purely unconstitutional manner. No arrest warrant and no search warrant is ever shown. The police can effectively walk into any house and conduct searches, pick up anyone they chose, without having to show any reason whatsoever, keep people in police custody for however long they want to, etcwives, young children and ailing parents in dire economic circumstances. Often the wife of the victim is the only able bodied earning member of the family and has to look after both the household and the work outside of the household. Added to this are the costs for medical treatments of people injured by such violence, travel costs for visiting jails and lawyers, and costs for the legal actions. The local markets are getting affected since the people are now scared of visiting them as these have become the standard public spaces from where they are picked up by the police or are attacked by the SPOs.
The people in these areas, as is the case throughout the rest of Bastar, are largely dependent on the forests and other natural resources. Not only their livelihoods, but in fact every aspect of their lives such as the corporeal, communal, cultural and spiritual is tied to the forests and has been so for thousands of years.  Yet the villagers are now afraid to move around in the forests for their livelihoods and family activities, such as mahua picking, tendu picking, grazing of animals, etc., because of the combing operations that regularly go on in the forests. There are many accounts of the forces opening fire on someone without any provocation or warning, injuring or killing the person.  One illustrative case of this is that of a villager named Vijay  (change name) of Edanar Village who in the early morning hours of 3rd August, 2013 had gone to the forest near Jampara for collecting neem daatun. Shortly thereafter, the forces fired at him from inside the forests without any provocation or warning. One bullet hit his forehead. The police took the corpse with them, and returned the corpse to Tadoki village after a post mortem. The post mortem report, however, was not shown to the villagers. According to Edanar villagers, Vijay had no connections with the Naxalites, but the police claim that he was killed because he was a Naxalite.  Villagers from Edanar including the three young daughters and widow of Vijay have been traumatized by this incident, and feel a general unease about entering the forest area to fulfil their daily needs because of fear of the police and paramilitary forces.

Unique impact the repression has on women

On April 18th the female members of this team visited the home of the deceased Vijay (change name) and spoke with his 14-year-old daughter. When asked about the incident in which her father was killed, she looked ashamed..she shared, “the police came and told me ‘We killed your father’”.  Her mother (Vijay’s wife), we were told, was away from the home, and generally comes very infrequently to this home, which may be because she is traumatized after the killing of her husband. Her absence means that her three daughters, who are all under the age of 15 are living practically alone, with their bedridden grandmother.  Two of them are not attending school, and the youngest of age six looks underweight and sickly.  It is also important to note that state did not offer any material or financial compensation to this family.  It is only because of the communal structure of the village, that some others from Edanar are farming the 2-3 acres of land this family possesses while providing some of the produce to the family, that is allowing them to survive.  The 14-year-old girl to whom we spoke, seems to be severely disturbed and depressed, and the female neighbor approached us and told us that Vijay’s (change name) wife worries a lot about how her family will survive.  The mental health of both the widow and the victim’s daughter should be examined in the context of a larger and collective impact that the police violence and their associated events are having on the mental health of local women and girls.  One must also understand that the self esteem of a young girl would be shaken due to her inability to attend school, and the associated cementing of societal inequalities that comes with young girls not having the opportunity for education because they are forced to fill the gap created by the departure of an adult figure from the household.
In cases of jailing or killing of men, often the wife of the victim is the only able bodied earning member of the family and has to look after both the household and the work outside of the household. Anjrel village is very illustrative of this trend and is also unique in that several men are actually not living in this village due to the fear of harassment from the police.  

All of these cases should be looked at in the broader context of state repression which dehumanizes the surviving women who are forced to suddenly shoulder all of the burden of raising the family.  It is a fundamental rights of the kin of the deceased, to receive fair compensation from the state, for the unlawful killings of their relatives by the state, in addition to criminal prosecution of the persons accused of the murder. It seems very rarely is any compensation paid to surviving widows.

In the past, in various instances such as during the course of the September 5th and 6th combing operations, the police and security forces have used torture and molestation of women as not only a tool against anyone sympathetic or “aiding” Maoists but also as a tool of degrading the community.  It is known from various wars throughout history (Bosnia, Kosovo, Congo), the systematic targeting of a woman’s body during times of war is also a mechanism of attacking a community’s honor and ability to carry on their progeny. In this case, it is an attack on the adivasi peoples fundamental right to self-determination (as promised in The United Nations Declaration on the Rights of Indigenous Peoples). On the other hand it seems that a woman's body is also being used as a weapon of the propaganda war being waged by the state against the Maoists, as seen following the December 12th, 2012 incident where the police fired on tribal children attending a Maoist camp and killed a teenager, Chainu Mandawi, and arrested nine others. Two of those arrested were girls, who according to the police were “Local Guerilla Squad member(s)”. Subsequently the police and news media hailed the operation as a huge success and news reports cried that the girls were being raped at the alleged Maoist military camps, implying that the police had liberated the sexually tortured minors.  It is altogether a different issue of whether or not the children were forcibly being “abducted” by Maoists for military training, which also must be investigated.  However it is keen to note that when questioned by a reporter from The Hindu the villagers openly stated that many children of the area had been regularly attending the Maoist camps, yet they also stated that it was the first time that most of the arrested youth had attended the camps and categorically denied the media allegations that the young girls were repeatedly raped by Maoists. The question arises, why, if the villagers were openly admitting that children were being trained by Maoists, would they conceal the systematic rape of the same young girls?  This suggests that the media and police are intentionally fabricating stories of rape, which amounts to a tactic to not only dehumanize the local populous using the body of girls and women as a weapon but also to justify the wanton killing of minors by the state.  

Issues with getting fair legal aid and justice
The legal stipulations and principles for natural justice are being blatantly violated, not just by the police administration but by the courts as well. On the one hand there are en masse judicial warrants with the local police station, which the police can literally use to pick up anyone at any point of time. No warrants nor justifications are shown when people are picked up. No documents are given to the family members after that. Post mortem reports are not handed over to the family members. Old closed cases are reopened and new suspects’ names are added, and then they are picked up. These could be cases where even the main accused have been acquitted. The FIRs list the names of some suspects and then “hundreds of others”, which essentially makes things completely open ended. There are long delays in the sharing of documents related to such old cases between different courts, which leads to further delays in the court proceedings.

Even the judiciary has failed to perform its role of upholding law. There have been no judicial actions against the police for keeping the arrested in police remand for more than 24 hours. The investigating officer doesn’t show up during court hearings, leading to delays in the entire judicial process. Even after witnesses have turned hostile, and it is clear that the case is completely fabricated, the judgment is not pronounced because of the absence of the Investigating Officer, and no judicial action is taken against him for such unconstitutional behaviour. There are long delays in the sharing of records between various courts, and all this means prolonged incarceration of the people.

Other Legal Issues:
Violation of Tribal Rights
The United Nations Declaration on the Rights of Indigenous Peoples to which India is a signatory, is being violated. Article 7 states that indigenous peoples have the right to not be exposed to violence. Article 30 states that military activities will not take place on indigenous lands without indigenous peoples’ free, prior and informed consent, unless it is necessary for the well-being of all of society and it takes place through consultations with indigenous peoples’ representatives. Both of these articles are being severely violated with the deployment of paramilitary combat forces in Schedule 5 areas.  

Encroachment on democratic space, and inability of people to speak openly, etc without fear of being harassed
The Chhattisgarh Special Public Security Act bars the media from carrying reports of any kind of ‘unlawful activities’ in the state.  Thus, it is no surprise that there is hardly any fair media coverage in the area. When the above mentioned October 23rd, 2012 incident in Edanar was covered by the mainstream media it was reported categorically that “seven Maoists had been arrested”, and moreover three of them were “hardcore”. The only source cited for this information is DSP Rahul Bhagat. This points to a larger problem of mainstream news playing a unconditionally supportive role to an unaccountable police force, without engaging in any excercises of ground truthing or presenting both sides of the story. It seems there is also a noticeable dearth of information in the media about what happens to these cases once they are brought before the judiciary. The operation of 3rd August at Edanar village was described by one of the media outlets as “A Naxalite was on Thursday killed in an exchange of fire with security personnel after a joint team of BSF”.  According to villagers there was no exchange of fire involved whatsoever, and Mr. Dhanelia was killed without the slightest of reason or provocation. The report also says that “several weapons including guns, tiffin bombs, detonators and wires were recovered from the encounter site”. Very rarely are proper forensic tests done for these so-called “recovered weapons”, leaving no way to tell if they were really recovered from the site, or planted by the police.  Yet, despite the victim having at least 2-3 alibis and 40 other villagers willing to vouch for him, the media, administration and civil society at large is led to unquestioningly believe the police version of the story.  

Concluding remarks
As is clear from the above account, the culture of governance in Kanker and Narayanpur districts seem to be that of extreme police repression and impunity. This, together with unrestrained flouting of laws and constitutional provisions and protections, seem to be the key machinery at work to displace people from their villages. While on the one hand this push to drive people out of their villages and forests seems to be in order to effectively counter the Naxalite movement (through strategic hamletting, as was tried through the Salwa Judum camps), on the other hand it is evident that the mining interests in the region are a key reason behind such state policies. The presence and intervention of armed forces and armed civilians in the form of SPOs has led to the destruction of the lives and livelihoods of a staggering number of families and a complete disintegration of the village community. The most disturbing feature of the entire process is the blatant disregard for any kind of legality and constitutionality by the armed forces, the police, and the corporations. There is no control over the police regarding who they can abduct and why, the victims have no recourse to proper judicial processes, the corporations together with the relevant administrative bodies regularly flout the basic laws supposed to regulate mining processes, gram sabhas are either not allowed or are totally disregarded, and all forms of freedom of expression are gagged through draconian laws and money power.
The role played by mainstream media in bringing out the “facts” is extremely problematic. Almost in every case, the media has no real contact with the ground realities, and is happy to parrot the police versions. Also by branding every single person killed or arrested as “naxalite”, regardless of whether it is true or not, the media serves to dehumanize the person. We forget that this person would still have a family who might be dependent on him/her. Even naxalites are entitled to proper judicial processes in a democracy. But somehow by leaving the story at the sheer “encounter” or the arrest, and not pursuing it any further, the media perpetuates the public opinion that judicial fairness is irrelevant in such cases. Going beyond the murder of a people and their aspirations, it is in fact the act of murder of a democracy that is playing itself out in Bastar, through the trio of police, corporations and media.

Our demands:
1. Immediate and proper judicial process for those already incarcerated
2. Immediate withdrawal of security forces from Kanker and Narayanpur districts
3. Independent judicial enquiry into the encounters
4. Setting up of an independent enquiry commission to look into the larger culture of violence, impunity and lawlessness by the state agencies
4. Disbanding of SPOs
5. Registering cases against the police officials responsible for fake encounters
6. Compensation for the families of the victims of unlawful police activity
7. Immediate halt to all mining operations in the area and suspension of all mining and prospecting leases till proper processes have been followed, including environmental clearance, gram sabhas
8. Immediate scrapping of all leases that have been obtained flouting the relevant laws

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