Intervention

A Memorandum to the Governor of Jharkhand against brutal Killing of two Adivasi Boys

Ref: JHRM/GOR/01                                                                                    04/02/2019

To,

Her Excellency,

Smt. Droupadi Murmu,

Governor of Jharkhand,

Raj Bhawan,

Ranchi – 834001.

Subject: Requesting for a high-level investigation and action on a case of alleged encounter between the security forces and the Naxals in Longkata forest of Arki in Khunti district of Jharkhand on January 29, 2019, resulted in brutal killing of two minor Adivasi (tribal) Boys.

Dear Madam,

This is to bring your kind attention on a case of alleged encounter occurred between the security forces and the Naxals of People’s Liberation Front of India (PLFI) in Longkata forest, comes under the jurisdiction of Arki police station in Khunti district of Jharkhand on January 29, 2019, where five Naxals said to be killed in the alleged encounter. After the encounter, the Superintendent of Police, Khunti, Mr. Aloke, claimed that those killed in the encounter were the Naxals and all of them were adults.

However, the ground realities seem to be different. Two out of five deceased persons were minor boys belonging to the Adivasi (Scheduled Tribe) community. 11-year-old boy Sant Thomas Soy S/o – Mr. Saban Soy & Mrs. Paulina Soy resident of Narang village comes under Arki police station in Khunti District of Jharkhand was studying in class IV in St. John’s School, Murhu (Khunti). The principal of school, Mr. Ishrail Mundu and class teacher Mr. Manjul Prabhat Barla have confirmed that Sant Thomas Soy was their student. Sant Thomas Soy’s mother Mrs. Paulina Soy claims that her son had gone to watch a hockey match in Muchiya village on January 21, 2019 but he didn’t return home in the evening. They were searching for him in their relatives’ villages but shocked to see his dead body later.

The villagers claim that another victim 16-year-old Sanjay Odeya was working as SPO (Special Police Officer) under the guidance of the Superintendent of Police, Khunti, who had promised him to pay Rs. 6,000 per month as salary. He was assigned the work to track the Naxals. The police had given him GPS. He was tracking the Naxals and informing the police. It seems that Sanjay Odeya had informed the police about the presence of Naxals in the forest and the police used his GPS to track them, which perhaps, resulted in encounter, where Sanjay Odeya was also killed.

Indeed, it is the fact that most of the ex-Naxals/Maoists have been deployed as the SPOs in Khunti district, and when they lose their lives, the police deny of using their services. It has been going for years. Unfortunately, the police have put the lives of minors in danger and playing with it. This is unacceptable. The minor Adivasi boys are sandwiched in the district and they have been losing their precious lives.

As per the Article 244(1) of Indian Constitution, you are the custodian of the Fifth Schedule areas of Jharkhand, and the para 5(2) of the Fifth Schedule, assigns you to ensure peace and good governance in the Fifth Schedule area. Therefore, you are constitutionally obelized to ensure peace and good governance in the state. Hence, I request you for the following actions:

  1. To order for a high-level investigation in the case of encounter and brutal killing of two minor Adivasi boys.
  2. To order the police for lodging an FIR under the section – 302 of the IPC and ensure that the perpetrators are brought to justice.
  3. To provide the composition of Rs.25,00,000 to each family of both the deceased persons.

I shall be highly obliged to you for the same.

Thanking You.

Yours Sincerely

Gladson Dungdung

General Secretary

JHRM, Ranchi.

Intervention

A Memorandum to the Governor of Jharkhand against the Wildlife Corridor

To,

Her Excellency,

Smt. Droupadi Murmu,

Governor of Jharkhand,

Raj Bhawan,

Ranchi – 834001.

Subject: Requesting for withdrawal of the proposed Wildlife Corridors Project by the Department of Environment, Forest and Climate Change (Govt. of Jharkhand) in the Fifth Schedule Areas of Jharkhand.  

Dear Madam,

This is to bring your kind attention on the matter of the proposed ‘Wildlife Corridor’ project by the Department of Environment, Forest and Climate Change (Government of Jharkhand) in the conservation plan of the Palamu Tiger Reserve for the financial years 2013-14 to 2022-23. The conservation plan of the Palamu Tiger Reserve has been prepared and submitted to the state government by Mr. Arun Singh Rawat (IFS), the Chief Conservator of forest & Field Director of Palamu Tiger Reserve, Daltonganj, Palamu, Jharkhand.

The state government has already approved the plan. The forest department has issued notice to the villagers living in the vicinity of Palamu Tiger Reserve to vacate their villages, which has created fear, insecurity and uncertainty in the minds of villagers. If the proposed plan is implemented in the region, there will be adverse affect of the villagers mostly the Adivasis (scheduled tribes) as 595,274.25 acres (see table – 1) of land will be acquired and 870 villages of 9 districts of Jharkhand will be vacated for the wildlife corridors, where approximately 1 million people will be displaced and affected. The state government of Jharkhand has neither carried out any consultative processes nor has it taken free, prior and informed consent of the communities while making such a devastative plan in the name of wildlife conservation.

This is a gross violation of the Provisions of Panchayat (Extension) in Scheduled Area Act 1996, which recognizes the self determination of the Adivasis (scheduled tribes) and empowers the Gram Sabha (village council) to manage the natural resources. This is also the violation of the Supreme Court judgment in the case of ‘Odisha Mining Corporation vs Ministry of Forest and Environment and others (c) No. 180 of 2011, which clearly states that the Gram Sabha is the owner of the natural resources, therefore, the consent of the Gram Sabha must be taken before making any such plan for the region. This is also a clear violation of the Forest Rights Act 2006, which recognizes the individual and community rights over the forest and forest land.

Table 1 : Proposed Wildlife Corridors

Sl. No. Name of the Wildlife Corridors Covering Districts Number of affected villages Area of land

(in Acres)

1. Sirsi-Palkot-Saranda WLC Latehar, Gumla, Simdega and West Singhbhum 214 1,87,733.31
2. Kumandih-Patki-Lawalong WLC Latehar, Palamu and Chatra 47 34,559.32
2a. Lawalong-Tutilawa-Hazaribagh WLS Chatra, Hazaribagh and Bokaro 151 91,680.81
2b. Lawalong-Gautam Bhddha WLS Chatra, Hazaribagh and Kodarma 243 1,32,492.54
2c. Lawalong-Manatu-Patan-Kaimur WLC Chatra and Palamu 83 43,798.90
3. Kutku-Salwahi-Nagar Utari-Kaimur WLC Palamu and Garhwa 132 1,05,009.37
Total 09 870 5,95,274.25

Source: Conservation plan of the Palamu Tiger Reserve 2013-14 to 2022-23

Since you are the custodial of the Fifth Scheduled areas of Jharkhand under the Indian Constitution, and you are also empowered with the special rights given in the Para fifth of the Fifth Schedule, hence, you can dismiss the proposed ‘Wildlife Corridor Project’ in the Fifth Schedule area merely by issuing a public notification.

Therefore, I humbly request you to order the Government of Jharkhand for withdrawal of the proposed ‘Wildlife Corridors’ project, which has created immense pressure in the lives of the Adivasis (Scheduled Tribes) and other forest dwellers communities.

I shall be highly obliged to you for the same.

Thanking You

Yours Sincerely

Gladson Dungdung

General Secretary

JHRM, Ranchi.

Intervention

A Memorandum to the Governor of Jharkhand against the Land Bank

To,

Her Excellency,

Smt. Droupadi Murmu,

Governor of Jharkhand,

Raj Bhawan,

Ranchi – 834001.

Subject: Requesting for withdrawal of community land (sacred groves, common land and village forest land) from the Land Bank of Jharkhand.

Dear Madam,

This is to bring your kind attention on the matter of ‘Land Bank’ constituted under the Department of Land Reform and Revenue by the Government of Jharkhand. The State Government has listed 2,106,073.78 (see table: 1) acres of land of all 24 districts of Jharkhand, which is mostly the sacred groves, common land of villages and forest land, which is primarily owns by the Gram Sabhas (village councils) across the state legitimated by the various laws and the Supreme Court judgment. However, the state Government has listed these lands in the land bank by putting aside the Laws and SC judgment.

The sole purpose of the ‘Land Bank’ is to ensure land for the corporate houses for establishment of their projects. The state Government has signed 210 new MoUs with the corporate Houses during the ‘Global Investors Summit’ held at Khelgoan, Ranchi on 16-17 February 2017, therefore, the Government has been attempting to acquire the common land without (free, prior and informed) consent of the community.  For instance, 488.82 acres of land of 541 sacred groves of Khunti districts is listed as Government land and shown is the data of land bank.

The Government of Jharkhand has constituted the ‘Land Bank’ and enlisted all the land under the purviews of government land. This is a gross violation of the Provisions of Panchayat (Extension) in Scheduled Area Act 1996, which recognizes the self determination of the Adivasis (scheduled tribes) and empowers the Gram Sabha (village council) to manage the natural resources. This is also the violation of the Supreme Court judgment in the case of ‘Odisha Mining Corporation vs Ministry of Forest and Environment and others (c) No. 180 of 2011, which clearly states that the Gram Sabha is the owner of the natural resources, therefore, the consent of the Gram Sabha must be taken. This is also a clear violation of the Forest Rights Act 2006, which recognizes the individual and community rights over the forest and forest land.

Table 1 : Land Bank of Jharkhand

Sl. No. District Total Plot Area of land in Acre
1. Ranchi 10,327 107,677.69
2. Khunti 5,863 53,387.93
3. Lohardaga 3,951 17,490.3
4. Gumla 98,209 192,997.52
5. Simdega 110,766 358,990.52
6. East Singhbhum 22,151 31,607.71
7. West Singhbhum 27,041 375,662.09
8. Saraikela 5,609 28,708.15
9. Bokaro 2,624 21,827.03
10. Dhanbad 6,504 30,769.46
11. Ramgarh 574 4,284.94
12. Kodarma 278 4,128.09
13. Hazaribagh 1,973 25,190.21
14. Chatra 482 6,393.29
15. Palamu 3,282.79
16. Garhwa 31,319 33,546.79
17. Latehar 12,508 79,177.25
18. Dumka 17,308 90,531.70
19. Pakur 15,460 49,817.8
20. Deoghar 7,106 43,043.69
21. Giridih 16,642 452,074.26
22. Godda 4,956 24,403.77
23. Jamtara 9,607 35,962.36
24. Sahebganj 7,889 39,591.56
Total 419,147 2,106,073.78

Source: Land Bank, Department of Land Reform and Revenue (Govt. of Jharkhand)

Since you are the custodial of the Fifth Scheduled areas of Jharkhand under the Indian Constitution, and you are also empowered with the special rights given in the Para fifth of the Fifth Schedule, hence, you can dismiss the formation of ‘Land Bank’ in the Fifth Schedule area merely by issuing a public notification.

Therefore, I humbly request you to order the Government of Jharkhand for withdrawal of the land regarding the sacred groves, common land and forest land from the land bank. These lands must be return and restored to the villagers, which were traditionally owned by them.

I shall be highly obliged to you for the same.

Thanking You

Yours Sincerely

Gladson Dungdung

General Secretary

JHRM, Ranchi.

Intervention

A Letter to the President of India on Assam Massacre

 

Jharkhand Human Rights Movement

C/o-Mr. Thomas Minj, Mission Colony, Khorha Toli, Kokar, Ranchi -834001. 0651-3242752 Email: jhrmindia@gmail.com

 Ref: JHRM/PI/2013/05                                              Date: 27/12/2014

To,

Sri Pranab Mukherjee,

President of India,

Rashtrapati Bhavan,

New Delhi – 110004

India.

Sub: requesting for an investigation and necessary legal action on a case of the brutal killing of 3 innocent villagers in the police firing, and also demanding for rehabilitation of the victims of Assam violence, which led to loss of 81 lives, 250 missing and rendering 15000 homeless.  

Respected Sir,

With due respect, we would like to bring your kind attention on case of brutal killing of 3 innocent villagers including 2 children in the police firing, who were taking part in a peaceful protest on December 24, 2014 against the violence unleashed by the Extremist outfit the ‘National Democratic Front of Bodoland (Songbijit)’ in the state of Assam, which led to lose of 81 lives including 23 women and 18 children. Besides, 250 people are missing and 15,000 were made homeless and compelled to live in the relief camps.

The police firing took place in the morning around 10 AM on 24 December, 2014, near the Dhekiajuli police station located in Sonitpur district of Assam, when the Adivasis were protesting in demand of justice peacefully with the dead bodies of those people who were brutally killed by the ‘Extremists’ on December 23, 2014. Since the curfew was imposed and the India Army had been deployed to control the violence and they were given the special power the ‘shoot on sight’ order. Therefore, the Army men opened fire on the protestors, which led to death of 3 persons including 2 children.

Table 1 – List of people killed in police firing

Sl. No. Name of Victims Name of Father Address Age Sex
1. Mr. Anslam Kerketta S/o – Alexius Kerketta Vill – Santi Borgaon, Post – Dhekiajuli, Dist – Sonitpur 36 Male
2. Mr. Vikas Topno S/o – Lt Joakim Topno Vill – Tinkhuria Tea Estate , Post – Dhekiajuli, Dist – Sonitpur 15 Male
3. Mr. Nathua Kormokar S/o – Prem Kormokar Vill – Hirajuli Tea Estate, Post – Dhekiajuli, Dist – Sonitpur 15 Male

Hence, it is a clear case of gross violation of the right to a dignified life of the deceased persons and the persons affected by the violence, guaranteed under the Article 21 of the India Constitution. Since, you are the custodian of the Adivasis/Tribal people constitutionally, therefore, we humbly pray you for the following actions:

A high level investigation and necessary legal action should be done on the case of brutal killing of 3 innocent villagers including 2 children in the police firing and Assam violence, which led to lose of the lives of 81 innocent villagers including 23 women and 18 children.

  1. A case should be registered and action must be taken against the security forces and all culprits, who were involved in killing of innocent villagers.
  2. Compensation of Rs. 25 lakh should be given to each family of the deceased persons.
  3. A government job should be given to one member of each family of the deceased person and they should be rehabilitated.
  4. Confidence restoring measures must be taken by the administration in the area so that violence against tribal community is stopped once and for all.

We shall be highly obliged to you for the same.

Thanking you.

Yours sincerely,

Gladson Dungdung                                                       Abhay Xaxa

General Secretary                                                         Executive Member

Intervention

An open Letter to the President of India for suspension of Dronacharya Award

Ref: JHRM/PI/2013/04 Date: 29/08/2013

To,
Sri Pranab Mukherjee,
President of India,
Rashtrapati Bhavan,
New Delhi – 110004
India.

Sub: Requesting for suspension of prestigious “Dronachaya Award” under the purview of the Supreme Court’s judgment, which is given for excellence in sports coaching in India.

Dear Sir,

With due respect, we would like to bring your kind attention on the matter of prestigious “Dronacharya Award”, which is presented by the Government of India to the excellent coaches for their excellence in sports coaching. The award comprises a bronze statuette of Dronacharya, a scroll of honour and a cash component of Rs.500,000. The award was instituted in 1985. However, it should have been suspended from 5th of January, 2011 under the purview of the judgment of Hon’ble Supreme Court of India in the special leave petition (Cr) No. 10367 of 2010 Kailas & others Vs State of Maharashtra).

In the above said judgement the Apex Court has stated that the injustice done to the tribal people of India is a shameful chapter in our country’s history. The tribals were called ‘rakshas’ (demons), ‘asuras’, and what not. They were slaughtered in large numbers, and the survivors and their descendants were degraded, humiliated, and all kinds of atrocities inflicted on them for centuries. They were deprived of their lands, and pushed into forests and hills where they eke out a miserable existence of poverty, illiteracy, disease, etc. And now efforts are being made by some people to deprive them even of their forest and hill land where they are living, and the forest produce on which they survive.

The Court has said that the well known example of the injustice to the tribals is the story of Eklavya in the Adiparva of the Mahabharat. Eklavya wanted to learn archery, but Dronacharya refused to teach him, regarding him as low born. Eklavya then built a statue of Dronacharya and practiced archery before the statue. He would have perhaps become a better archer than Arjun, but since Arjun was Dronacharya’s favourite pupil Dronacharya told Eklavya to cut off his right thumb and give it to him as ‘guru dakshina’ (gift to the teacher given traditionally by the student after his study is complete). In his simplicity Eklavya did what he was told.

The Apex Court has further stated that it was a shameful act on the part of Dronacharya. He had not even taught Eklavya, so what right had he to demand ‘guru dakshina’, and that too of the right thumb of Eklavya so that the latter Eklavya may not become a better archer than his favourite pupil Arjun?

The Apex Court’s observations make it very clear that Dronachaya was an assassinator of excellence rather than protector of it therefore; giving the excellence award for sports coaching in the name of Dronacharya means insulting the excellence coaching in sports and also humiliating the Scheduled Tribe/Adivasis (the Indigenous People) of India.

However, despite the Supreme Court’s strong observations and comments the Indian Government has been giving awards to the sports coaches in the name of Dronacharya. Therefore, we humbly request you to suspend the Dronacharya Award immediately to uphold the dignity of the Scheduled Tribe/Adivasis (the Indigenous People) of India and in respect of the sports coaching.

We hope to hear your positive response. We shall be highly obliged to you for the same.

Thanking you.

Yours sincerely,

Gladson Dungdung, Sunil Minj,
General Secretary, Chairperson,
JHRM, Ranchi. JHRM, Ranchi.

Intervention

A Letter to the President of India on Bagaha Police Firing

To,
Sri Pranab Mukherjee,
President of India,
Rashtrapati Bhavan,
New Delhi – 110004
India.

Sub: requesting for an investigation and necessary legal action on a case of brutal killing of 8 innocent Adivasis (Scheduled Tribe) including 3 minor in the police firing, took place at Katharwa village come under the Naurangia police station of Bagaha police district (Paschim Champaran) in the state of Bihar on 24 June, 2013.

Respected Sir,

We would like to bring your kind attention on the above said subject that, 8 innocent ‘Tharu Adivasis’ (Scheduled Tribe) including 3 minor were brutally killed in the police firing took place at village Katharwa come under the Naurangia police station of Bagaha police district (Paschim Champaran) in the state of Bihar on 24 June, 2013.

The incident took place in the afternoon on 24 June, 2013, when a group of people angry over the delay in recovery of a kidnapped Tharu Adivasi (tribe) Mr. Chandeshwar Kaji, a native of village Tharthari comes under Naurangia police station of Bagaha police district, who was kidnapped on June 22, 2013. On 24 June, 2013 there was a rumour that a dead body was found at a place in Bagaha, which villagers suspected was that of Chandeshwar Kaji.

However, the dead body was identified as another person but the villagers resisted for recovery of Mr. Chandeshwar Kaji and protested against the police who had gone to recover the dead body and investigating on the case. The anger of the villagers was fuelled when the police alleged the Adivasis for killing of a person, whose dead body was recovered instead of taking action to recover the kidnapped person.

Consequently, there was clash between the Police forces and the Adivasis. The Adivasis blocked the police and when the police charged lathis against them, they also pelted stone on the police. Finally, the police opened fire on the crowd, which led to death of 6 persons at the spot and 2 in the Hospital. There were several villagers who got severe and minor injuries in the incident. This incident could have been avoided but the police was totally non-sensitive to the issues of the Adivasis, which led to loss of 8 precious lives.

List of Victims who died in the police firing:
Sl. No. Name of Victims Age Village
1. Mr. Anup Kumar Chautaria 16 Semridih
2. Mr. Shivmohan Kumar 10 Kataharawa
3. Mr. Bhupendra Kumar 22 Kataharawa
4. Mr. Tulsi Rai 18 Semrajusukpur
5. Mr. Anil Kumar 12 Amua
6. Mr. Dharamjeet Khatai 25 Devataha
7. Mr. Brahamdev Khatai 32 Devataha
8. Mr. Bhukdev Kumar 23 Dardari

The injured persons were also identified as Mr. Ganesh Kumar, Mr. Madan Kumar, Mr. Kamalesh Rai, Mr. Chandrashekhar Kumar, Mr. Harinarayan Kumar, Mr. Rajesh Kumar, Mr. Mohan Kumar, Mr. Rajan Kumar, Mr. Gaya Kumar, Mr. Jawahar Kazi, Mr. Bhagirathi Kumar, Mr. Keshav Raj Khatait, Mr. Dinesh Rai, Mr. Mukesh kumar, Mr. Kedar Kumar and Mrs. Lilawat Devi. Of them, 12 villagers are seriously injured and have been admitted to Bettiah MJK hospital.

List of Perpetrators:
Sl. No. Name of Perpetrators Post Role in the Incident Address
1. Mr. Anil Kumar SP Didn’t prevent the police firing Bagaha Police Headquarter
2. Mr. Shailesh Kumar DSP Led the firing Bagaha Police Headquarter
3. Mr. Shailendar Kumar Sinha SDPO Involved in firing Bagaha Police Headquarter
4. Mr. Vinay Kumar Singh SHO Involved in firing Naurangia PS
5. Mr. Rajan Pandey SHO Involved in firing Laukaria PS
6. Mr. D. Qazi SHO Involved in police firing Balmikinagar PS
7. Mr. D N Jhar Inspector Involved in police firing Naurangia police station
8. Inspectors and other police personals Inspectors and Constables Involved in firing Naurangia, Laukaria and Balmilinagar

Hence, it is a clear case of gross violation of the right to life of 8 innocent Adivasis (Scheduled Tribe) guaranteed under the Article 21 of the Indian Constitution. It is also the gross violation of juvenile Justice Act, 2006, Rights to Education Act 2009 of children and violation of Constitutional safeguard to the Scheduled Tribes.

Since, you are the custodian of the Adivasis/Tribal people constitutionally, therefore, we humbly pray you for the following actions:

1. An investigation should be done by the CBI on the case of brutal killing of 8 innocent Adivasis (Scheduled Tribe) including 3 minor children in the police firing.
2. A murder case should be registered against all the police officers and constable who were involved in the police firing, which led to killing of 8 innocent Adivasis (Scheduled Tribes).
3. A case should be also registered under the different sections of SC/ST Prevention of Atrocity Act, 1989 against all the non-SC/ST police officers and constable who were involved in the police firing.
4. All the police officers and constables, who were involved in the police firing should be dismissed from their posts and arrested for killing of 8 innocent Adivasis (Scheduled Tribes).
5. The family members of the deceased persons should be given Rs. 25 lakh and a government job per person as compensation.
6. The severe injured persons should be also given compensation as Rs 5 lakh and a government job each along with free treatment and the minor injured should also be given Rs. 1 lakh as compensation.

Therefore, we strongly pray for your intervention on the matter immediately to protect the rights of the victims of police firing. We hope you’ll understand the pains, sufferings and agony of the Adivasis/Tribals of Bihar.

We shall be highly obliged to you for the same.

Thanking you.

Yours sincerely,
Gladson Dungdung, Sunil Minj,
General Secretary, Chairperson,
JHRM, Ranchi. JHRM, Ranchi.

Intervention

A letter to the President of India on Bijapur Massacre

Jharkhand Human Rights Movement

C/o-Mr. Suleman Odeya, Near Don Bosci ITC Gate, Khorha Toli, Kokar, Ranchi -834001. 0651-3242752 Email: jhrmindia@gmail.com

Ref: JHRM/PI/2013/02 Date: 24/05/2013

To,

Sri Pranab Mukherjee,

President of India,

Rashtrapati Bhavan,

New Delhi – 110004

India.

Sub: requesting for a high level judicial inquiry, legal action and fixing accountability on the case of brutal killing of 8 Adivasis/Tribals by the Security forces in an alleged encounter took at Aarespeta village of Bijapur district in Chhatisgarh.

Dear Sir,

1. I would like to bring your kind attention on the above said subject that eight Adivasis/Tribal people namely (1) Pandu, (2) Bahadur, (3) Joga, (4) Komu, (5) Punam, (6) Somu, (7) Lakhmu and (8) Karam Masa all are resident of Aaresmpeta village comes under Ganglur police station of Bijapur district in the state of Chhatisgarh were brutally killed by the Security Forces at 9:30 P.M. on 17 May, 2013 at Aarespeta village in an alleged encounter took place between the Security Forces and the Maoists.

2. The incident took place when the Tribal people were celebrating the Seed Festival at night. All the villagers including women and children were also present in the festival. The Security forces reached to the spot and fired on them assuming that they were Naxals. According to Village heads – Sri Taram Lakhmu and Taram Budhru, there was no Naxal amongst those who have been killed by the security forces. They also stated that the villagers were celebrating seed festival when all of sudden without any signal, the security forces fired on them. Consequently, 8 Adivasis/Tribals including three children got killed in the massacre and 22 of them are missing whose whereabouts are not known till now. In the incident, one Jawan died and two were injured, which is result of the cross firing among the Security forces.

3. The village heads – Taram Lakhmu and Taram Budhru have also stated that in the police firing four persons including two minors namely Renu aged 10 years and Punam Samlu aged about 15 years and Taram Aaytu and Soni Taram have been injured who are in serious condition. It is also a matter of great concern to know that it took almost two days for the state government to admit the four seriously injured villagers for medical help at Jagdalpur hospital where as a number of Ambulances are available. These Adivasis/Tribals were innocent people and not the Naxal but the Security Forces killed them in cold blooded murder and these kinds of massacres are being repeatedly taking place in the state of Chhatisgarh, which is known as so-called emerging state in terms of economic growth at the cost of Tribals. On 28 June, 2012, in a similar incident 17 Adivasis/Tribals of Kottaguda, Sarkeguda and Rajpenta village of Bijapur district had been killed by the Security Forces.

It is a clear case where the State has not only failed to protect and ensure the Constitutional, Legal and Traditional rights of the Adivasis/Tribal people but it has sponsored the crime against the Adivasis/Tribal people of Chhatisgarh instead. Obviously, it has been repeatedly done with the clear intention to promote and protect the interest of the Corporate Houses, who have singed hundred of MoUs with the Chhatisgar Government for mining projects, power plants, steel projects, etc, therefore, the Government has been attempting to clear the land by killing, exploiting and eliminating the Adivasis/Tribals.

Since, you are the custodian of the Adivasis/Tribal people constitutionally, therefore, I humbly request you for the following legal actions:

1. A high level judicial inquiry should be done on the case of brutal killing of 8 Adivasis/Tribals and exploitation of other Tribals by the Security Forces.

2. A case of murder should be registered against all the officers and the security personals who were involved in killing and exploitation of the Adivasis/Tribal people. They should be dismissed from the jobs and arrested immediately.

3. The family members of all 8 deceased persons should be compensated with Rs. 25 lakh per family along with a government job.

4. The wounded victims should also be compensated with Rs. 5 lakh each with free medical support.

5. The Adivasis/Tribals of Chhatisgarh should be provided full security by the Indian Government.

6. Dr. Raman Singh the Chief Minister of Chhatisgarh should be dismissed from the post of Chief Minister because he has failed to enforce and protect the Constitution of India and the Laws of the Land in the state of Chhatisgarh.

7. The anti-Naxal operations should not be carried out in the Adivasi/Tribal villages without prior information and permission of the Gram Sabhas.

8. The forceful land acquisition must be enforced and the MoUs signed without consent of the Gram Sabhas must be cancelled.

9. The Constitutional provisions of 5th Scheduled Areas, PESA Act 1996, FRA 2006 and local land laws must be enforced in the State.

10. A common law should be introduced by the Indian Parliament for the safeguarding of the Adivasis/Tribal People of the 5th Scheduled Areas across the 9 states of India.

I hope you’ll understand the pains, sufferings and agony of the Adivasis/Tribals of India. I shall be highly obliged to you for the same.

Thanking you.

Yours sincerely,

Gladson Dungdung

General Secretary,

JHRM, Ranchi.

Intervention

A letter to the President of India

Jharkhand Human Rights Movement

C/o-Mr. Suleman Odeya, Near Don Bosci ITC Gate, Khorha Toli, Kokar, Ranchi -834001. 0651-3242752 Email: jhrmindia@gmail.com

Ref: JHRM/PI/2013/01 Date: 01/05/2013

To,

His Excellency,

Sri Pranab Mukherjee,

President of India,

Rashtrapati Bhavan,

New Delhi – 110004

India.

Sub: Requesting to protect the rights of the Scheduled Tribes (Indigenous People of India) or to shoot all of them at once rather than excluding, discriminating, exploiting, torturing and making them landless, resourceless and beggars by alienating them from the natural and livelihood resources in the name of growth and development.

Dear Sir,

1. It is extremely painful to state that I come from an Adivasi (tribal) family, who was displaced by an irrigation project without rehabilitation in 1980 and my parents were brutally murdered in 1990. However, I was managed to survive. On 30th April, 2013, you have inaugurated a power project of the Jindal Steel & Power Ltd at Sundarpahari comes under Godda district of Jharkhand. However, it seems that the tribal people were not allowed to put their concerns in front of you. The tribal people of 11 villages had gathered near Sundarpahari to raise their voices against the power project as some of them had already been displaced during the construction of ‘Sundar Dam’ and now they’ll again be displaced by the Jindal’s power project. However, these tribals were detained in Sundarpahari police station instead of hearing their plea. The question here is do they have right to freedom of expression under Article 19 of the Indian Constitution? The police have regularly been coercing the tribals who don’t want to surrender their land to the Jindal Company. According to the Santal Pargana Tenancy Act 1949, the land is non-transferable and non-saleable, whether owned by tribals or non-tribals. But how the tribals land is being bought by the Jindal Company? Is the Jindal Company allowed to violet the rule of law?

2. The Hon’ble Supreme Court of India through a writ petition (CIVIL) NO. 180 OF 2011 (Orissa Mining Corporation Vs Ministry of Environment & Forest & Others) has said that the Section 4(d) of the PESA Act 1996 says that every Gram Sabha shall be competent to safeguard and preserve the traditions, customs of the people, their cultural identity, community resources and community mode of dispute resolution. Therefore, Grama Sabha functioning under the Forest Rights Act read with Section 4(d) of PESA Act has an obligation to safeguard and preserve the traditions and customs of the STs and other forest dwellers, their cultural identity, community resources. The Court has ordered the State Government to settle the matter with the Gram Sabha. But is the case of Jindal Company, where is the role of Gram Sabha? Why it has been undermined or put aside? Why did PESA Act 1996 not enforced in this case? Is it because the head of the Jindal Steel & Power Limited is one of the powerful leaders of the Congress Party?

3. The Hon’ble Supreme Court of India has also said through a writ petition (CIVIL) NO. 180 OF 2011 (Orissa Mining Corporation Vs Ministry of Environment & Forest & Others) that the Scheduled Tribes have the Religious freedom guaranteed under Articles 25 and 26 of the Constitution. It guarantees them the right to practice and propagate not only matters of faith or belief, but all those rituals and observations which are regarded as integral part of their religion. The Court has ordered to protect and preserve the tribals’ deity. However, in last 65 years of Indian democracy, thousands and thousands of sacred groves, religions places and graveyards of tribals were either submerged in Dams or destroyed in the name of development. These are several sacred groves and religions places of the tribal would be destroyed by the power project of the Jindal Company. However, the question is do the tribals really have the freedom of religion as the Apex Court has stated? Why is Government not upholding the rule of law?

4. The tribal people have already lost more than 23 lakh acres of land in Jharkhand in two ways – i) The major part of tribals’ land were taken away from them in the name of growth and development and ii) the non-tribals who came into the 5th Scheduled Area of Jharkhand for jobs also grabbed a huge portion of the tribal land illegally after earning huge money from the development projects and mining. Though the Article 19 (d) & (e) allows the all citizens to move freely throughout the territory of India and to reside and settle in any part of the territory of India but sub-clause (5) also emphasizes that the state can impose reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses (d & e) for the protection of the interests of any Scheduled Tribe. However, nothing has been done in this regard to protect the tribal people. Consequently, the population of the non-tribals is multiplying in the Scheduled areas and the tribal population is rapidly declining.

5. The Jharkhand Government has signed more than 100 MoUs with National and multi-National companies, who are grabbing the trabals land illegally and the government is facilitating it instead of protection the land rights of tribals. The Jharkhand Government has also proposed for two industrial corridors under the Jharkhand Industrial policy 2012. According to JIP-14 (a) State Govt. will initiate necessary steps to promote / develop two industrial corridors, namely Koderma – Bahragora and Ranchi-Patratu- Ramgarh Road, where the efforts will be made to develop the corridor with 25 KM each side of 4 laning, which means, major part of the land will be handed over to the corporate houses. If that happens then where will the tribal people go? Do they have right to a dignified life?

6. On 5 January, 2011, the Apex Court of India while hearing on an appeal (the special leave petition (Cr) No. 10367 of 2010 Kailas & others Vs State of Maharashtra) said that the tribal people (Scheduled Tribes or Adivasis), the Indigenous People of India but they were slaughtered in large numbers, and the survivors and their descendants were degraded, humiliated, and all kinds of atrocities inflicted on them for centuries. They were deprived of their lands, and pushed into forests and hills where they eke out a miserable existence of poverty, illiteracy, disease, etc. And now efforts are being made by some people to deprive them even of their forest and hill land where they are living, and the forest produce on which they survive. Despite this horrible oppression on them, the tribals of India have generally (though not invariably) retained a higher level of ethics than the non-tribals in our country. They normally do not cheat, tell lies, and do other misdeeds which many non-tribals do. They are generally superior in character to the non-tribals. The Apex Court said that it is time now to undo the historical injustice to them. However, the Indian Government has done nothing to protect them. Instead, it has been facilitating in corporate land grab of the Adivasis (tribals or Indigenous People) of India.

Since, you are the custodian of the tribal people of India, therefore, I demand for following actions:

1. To order for investigation on detention of tribals and land grab by the Jindal Steel & Power Limited in Sundar Pahari and also cancel the Jindal’s power project as it is a severe threat to the existence of the tribal people especially the Primitive tribes (Paharia) of Sundar Pahari.

2. To investigate and cancel all the MoUs signed since 2000 without consent of the Gram Sabha under PESA Act 1996 and also order for withdrawal of the Industrial Police 2012 and order the state administration to return the illegally acquired land of the tribals by the corporate houses.

3. To order for a judicial inquiry in all the cases of illegal land grabbed by the non-Adivasis in the Scheduled areas.

4. To order to stop the corporate to buy land by themselves and order the Government to acquire land under the Santal Pargana Tenancy Act 1949 and Chhotanagpur Tenancy Act 1908 for development projects with the consent of the Gram Sabha under PESA Act 1996.

5. To order the Government to enforce the rule of law i.e. Constitutional provisions, 5th Schedule Area, PESA Act 1996, CNT Act 1908, SPT Act 1949, the Forest Rights Act 2006, etc.

Indeed, it’s necessary to take the above said steps to protect the constitutional, legal and traditional rights of the tribal people. However, if you are unable to protect us, I would humbly request you to gather all the tribal people at a place and shoot them so that you’ll get rid of us and could build this nation on the graveyards of the tribal as per your dream.

The architect of the Modern India Pt. Jwaharlal Nehru’s Temples of Modern India has turned into graveyards of the tribals (Indigenous People of India). Therefore, in the next time whenever and wherever you inaugurate such development project proposed on the tribals’ land, please remembers that you are building this nation on the graveyards of the Indigenous People of India.

I believe you understand my pain, anguish and sorrow. I hope to hear your positive response. I shall be highly obliged to you for the same.

Thanking you.

Yours sincerely,

Gladson Dungdung

General Secretary,

JHRM, Ranchi.