Another Volley of Bullets for Bastar’s Tribals


In a replay of last June’s killing in Sarkeguda, CRPF jawans gun down eight innocent villagers in Edesmeta, reports Anil Mishra

Anil Mishra

1-06-2013, Issue 22 Volume 10

Hapless victims Women display the bodies of their loved ones in Gangalur Hapless victims Women display the bodies of their loved ones in Gangalur

Little did the tribals know that death awaited them at the village temple. On the night of 17 May, they had gathered at Edesmeta village in Chhattisgarh’s Bijapur district to celebrate a local festival when the firing started. Eight villagers, including three children, were shot dead. The CRPF, which was conducting a combing operation in the area, claims that its personnel retaliated after coming under Naxal fire, but the villagers dispute those claims.

This is not the first time that the CRPF’s trigger-happy jawans have come under the scanner. On 29 June 2012, they had shot dead 17 villagers in Sarkeguda village of Bastar district. They claimed to have sprayed bullets in self-defence after coming under fire from Naxals. But a ground report by TEHELKA had found that the CRPF was guilty of attempting a cover-up (Death. And dark lies in Bastar by Brijesh Pandey and Prakhar Jain, 21 July 2012). Even before the judicial inquiry into the Sarkeguda incident is over, the carnage at Edesmeta took place.

On 18 May, the CRPF told the media in Bijapur that a Naxal and a CRPF jawan had been killed in an encounter in Edesmeta.

When reporters visited Gangalur to cover the incident, the women from Edesmeta reached there carrying seven bodies on their shoulders. The angry women demonstrated and pelted stones at the police station and demanded that the guilty must be hanged.

Edesmeta is a small hamlet located 12 km from Gangalur in Bijapur district. There are around 70 houses scattered across the village, which is accessible only by foot.

According to sources, the tribals in Edesmeta traditionally celebrate Beej Pondum (seed festival) before sowing paddy every year. The paddy seeds are blessed by the village priest first and then the tribals dance around the local deity.

Villagers claim that a new CRPF unit set up a camp in Edesmeta the day after the firing. Sources say the jawans privately acknowledged to the villagers that a mistake had been made the previous night. After this, the jawans asked the women to carry the bodies to the Gangalur police station. During all this commotion, the terrified men stayed away from the village.

Rage A villager attacks the police station Rage A villager attacks the police station

Budhram, the brother of Karam Masa, 19, who was killed in the firing, says the tribals were dancing around the deity at 10 pm when around 300 CRPF personnel surrounded them from three sides. They got hold of Masa, but shot him when he tried to run away. Later, they took his body to the Gangalur police station.

Karam Joga, 28, the priest who conducted the ritual of Beej Pondum, and his 10-year-old son Badru, were among those killed in the firing. Joga is survived by his wife, a son and an old mother who are all inconsolable.

Karam Bhanu, 12, and Punem Lakhkhu, 14, were also killed in cold blood, while Lakhkhu’s brother Punem Somlu was injured. Karam Somlu, 40, Karam Pandu, 45, and Punem Sonu, 25, were the others killed in the firing.

Doctors in Gangalur conducted a postmortem of the bodies but the report has not been released as yet. In all, four villagers were injured in the firing. Karam Somlu, Karam Mangu, Punem Somlu and 10-year-old Karam Chotu have been admitted in Jagdalpur for treatment.

Besides firing indiscriminately, the jawans also beat up the villagers. Karam Aaytu says he was hit with a rifle and taken to the police station where he was again beaten up. He was finally let off in the evening on 18 May.

Thirty-five-year-old Soman was beaten up and then shot; he saved himself by lying motionless with the other corpses. Forty – year- old Karam Mangu’s ribs were fractured as a result of the beating he got from the police.

On 18 May, villagers who sustained bullet wounds lay in agonising pain in the village but were too afraid to go to the hospital for treatment. The police took them to the hospital only when the media highlighted the carnage.

Ashok Singh, the sub-divisional police officer in charge of Naxal operations, told TEHELKA that acting on a tip-off on the night of 17 May, security forces from six locations were dispatched to Pidiya village to nab Naxal commander Madhvi. The 208 battalion of CoBRA (Combat Battalion for Resolute Action) was dispatched from Gangalur and Cherpal. He claims that jawan Dev Prakash Singh was killed in the encounter.

CRPF DIG S Llingo claims that the jawans were crossing Edesmeta to carry out an operation in Pidiya when they came under fire. “When they approached the place, the Naxals opened fire in which one CoBRA jawan was killed and another was injured,” he says. “It was a genuine encounter. A CoBRA unit cannot commit such a mistake because they are trained for such situations.The villagers are making false allegations.”

But the villagers vehemently deny that any such encounter took place. They say that the security forces surrounded them from three sides and started firing and the CRPF jawan was killed accidentally in the firing.

“We have nothing to do with Naxals. A vendetta is being carried out against us for not joining the Salwa Judum (an anti-Naxal campaign),” says Budhru, a resident of Edesmeta who works as a farm labourer. “We were targeted when the Salwa Judum was active. The whole village was set on fire and two people were killed. A road was constructed to the village through the mountains and the forest department used to take bamboo from here. But the road closed after the Judum was started. Even the village school was shut down. Now the forces routinely attack the village.”

After Salwa Judum, Operation Green Hunt was started. “In any case, we would be killed,” says Budhru. “Although the villagers have ration cards and some even go to Gangalur to cast their votes, the government has isolated this village from the outside world.”

In an election year, the incident has immediately taken a political colour. Congress leaders have accused the state government of killing innocent tribals, putting the Raman Singh-led BJP government on the backfoot. Stung by the outrage, the government has announced a compensation of 5 lakh to each victim’s family and ordered a judicial inquiry headed by high court judge VK Agarwal to probe the incident. However, no representative of the government has taken the trouble to visit Ground Zero.

On 22 May, CPI leader Manish Kunjam and Congress MLA Kavasi Lakhama visited Edesmeta and wanted the government to lodge an FIR against the jawans. The leaders said the fact that the state government has offered compensation to the dead proves that they were innocent. However, the angry villagers have refused the offer and have demanded action against the erring jawans.

After the incident, the village is seething with anger at the CRPF. Ironically, the Naxals will benefit from this and the villagers will be targeted further by the forces.

Translated from Hindi by Saif Ullah Khan

anil@tehelka.com

(Published in Tehelka Magazine, Volume 10 Issue 22, Dated 1 June 2013)

 

Mix-up cloud on tribal deaths – Cops unable to establish Maoist link of Bastar casualties


JAIDEEP HARDIKAR, The TTellegraph
Edakmetta villagers after the anti-Maoist operation. T-News Bhadrachalam

Nagpur, May 19: Eight tribals, including three children, were killed by security forces in what was supposed to be an anti-Maoist operation on the intervening night of Friday-Saturday in Chhattisgarh’s restive south Bastar.

Senior police officers today admitted, but refused to be quoted, that those killed in Bijapur’s Edakmetta village had no links with the CPI (Maoist). Yesterday, police had first let out information that they killed a Maoist while losing a COBRA jawan in the operation. The death of the tribal villagers started trickling in late on Saturday evening.

“Three of the eight were children aged 10, 12 and 15. We know civilians have been killed but we don’t know whose bullets got them,” said a senior police officer of Bijapur. It is not clear if the eight were killed in indiscriminate police firing as claimed by the villagers or were caught in a crossfire between the security forces and the Maoists.

Bijapur district collector Mohammad Jazim Abdul Haq told local reporters a mandatory magisterial inquiry into the incident has been ordered and “some civilians may have been killed”. In Raipur, chief minister Raman Singh announced a compensation of Rs 5 lakh each to the families of the deceased.

The CRPF’s Combat Battalion for Resolution Action (COBRA), Chhattisgarh Armed Force and district police had started combing the area following a tip-off on the heavy presence of Maoists, sources said.

The troops came under attack a little after Friday midnight, killing the COBRA jawan. This led the forces to retaliate, yesterday’s police statement said.

“But the intelligence input might not have been reliable. Sometimes they are planted so that the operation takes place and the Maoists can take advantage of the unrest that follows,” the officer said.

Edakmetta villagers told journalists today that they had congregated for Beej Pandum, a festival announcing the beginning of the farming season, when they heard the firing. The villagers assemble late in the evening for the rituals that run late into the night.

More than 20 villagers had been missing since that night. The eight bodies were found yesterday morning, but all through the day the forces would not let journalists enter Edakmetta. Some people are still missing, the villagers said.

The police today shifted the bodies to Gangaloor, 20km from Edakmetta, for post-mortem amid protests from villagers who refused to take back the bodies.

The district police said the raid followed intelligence reports about Maoists holding a meeting in the village. They said the ambush, in which one of their jawans died, lent credence to the presence of rebels in Edakmetta. The police also claimed that they had recovered some weapons from the spot.

The villagers told journalists that the COBRA jawan was killed in the cross-fire of the security forces. The forces, they told journalists, had encircled them and fired indiscriminately.

Last year, in the same district, security forces were accused of killing 17 villagers mistaking them for Maoists. Former high court judge V.K. Agrawal is probing the incident. Agrawal will also probe Friday’s killings.

 

Chhattisgarh – Carrying bodies, tribal women of Bastar lead protests against cops


Ashutosh Bhardwaj : Gangalur, Ehadsameta , Mon May 20 2013,
BasterAn injured outside Gangalur police station. (IE Photo)

Bastar has seen several protests but rarely have tribal women come out and beat their breasts, shouting slogans. Surprisingly, men tried to calm them down, pull them away but these women continued to scream and hurled stones at the Gangalur police station and nearby CRPF camp.Old and young women were protesting while carrying bodies of their husbands and sons, handed over to them around 1 pm on Sunday. They knew only Gondi and Halbi but managed a few Hindi abuses. “Wapas jao… wapas jao..,” they shouted at the CRPF camp as they laid down the bodies at the thana gate and tried to break open its lock. Two old women rattled barbed fencing of the CRPF camps and threw stones at the personnel on guard, forcing them to run for cover. “Raman Sarkar murdabaad, murdaabaad.” Some of them hurled utensils inside the thana. “Stop killing tribals; kill us now, if you dare.”

All the deceased were men; two of them father and sons — Karam Joga and his son Badru (13), Karam Pandu and his son Guddu (14). The other minor boy killed was Punem Lakhu (15).

The agony did not end with their death. The bodies were lying in open field, under 45 degree sun, decomposing, badly swollen and emanating unbearable smell. CRPF men, face covered, guarded them with X-95, AK-47 with an Under Barrel Grenade Launcher.

“Jara pet par chira laga,” a doctor said. He too had his face covered. A man, Suklu, came forward and cut open a naked body. Red worms protruded out from stomach. “Dead bodies become like balloon. When you cut them, they produce fart like sound,” a CRPF cop explained. Relatives of the deceased held the bodies as the doctor examined the bodies with a stick, from a distance.

“Don’t you have another blade, a new one,” Civil Surgeon Dr B R Pujari asked his colleagues. Only two blades were used so far, and five bodies had been cut open from various sides, the doctor thought of changing the blade. But there was none. Suklu did not change surgical gloves through the process.

Pujari admitted that it’s against the law to conduct postmortem in open, that too in police presence, and the entire process was probably illegal. “Under certain conditions, an officer with rank of SDM and above can give permission to conduct it otherwise,” he tried to explain.

SDM Virendra Bahadur Panchbhai said: “The only requirement for postmortem is of adequate light. Other things can be relaxed in special situations.”

An hour later, their women relatives were protesting outside the thana for justice. They had arrived here on Saturday evening when police forcibly brought the bodies along, but now after nearly 24 hours men convinced them to take the bodies back home. The administration arranged for a tractor, but the terrain was difficult and it left them in between. And then began a two-hour-long journey to carry the bodies on shoulders.

Two bodies, father and son Joga and Badru, were kept on the same logs and cremated together. “It’s not unusual among tribals. When a person loves someone a lot, we cremate together,” said a tribal.

- See more at: http://www.indianexpress.com/news/carrying-bodies-tribal-women-lead-protests-against-cops/1118025/0#sthash.5gBvcRXp.dpuf

 

#Chattisgarh – Maoists do not “obstruct” government health programmes- Jairam Ramesh


Health services in Maoist areas a challenge and an opportunity: Ramesh

SUVOJIT BAGCHI, The Hindu

His letter to Azad acknowledges Maoists do not “obstruct” government health programmes

Union Rural Development Minister Jairam Ramesh, in a letter to Health Minister Ghulam Nabi Azad, has acknowledged that Maoists do not “obstruct” government health programmes.

Mr. Ramesh has defined delivery of health services to Maoist-controlled areas as an “opportunity” to reach millions of tribal people in the remotest areas of the country. However, government health workers and administrators cite Maoist intervention as a reason for non-delivery of health services.

In underdeveloped areas of Chhattisgarh, especially in Maoist-controlled districts, government healthcare is virtually non-existent. In most cases, primary health centres (PHC) are miles away from villages and people could hardly make it to the PHCs due to non-availability of transport, hostile terrain and extreme climatic conditions.

In addition, health workers rarely visit the PHCs due to what is perceived as “Maoist threat.” Even in a place like Chintagufa in Sukma district, next to a Central Reserve Police Force camp on the main arterial road, the health centre is only occasionally visited by health workers, the villagers toldThe Hindu .

Moreover, according to data released by the Chhattisgarh Health Department, a huge percentage of health workers’ posts are vacant across the State. For example, in Dantewada, 60 per cent posts are vacant. The situation is more or less the same in all tribal districts.

Interestingly, the National Rural Health Mission (NRHM) has also failed to fill the vacant positions announced by them. The demand-supply gap of health workers has been met by quacks and barefoot Maoist doctors, who provide basic health care to villagers.

Mr. Ramesh has said in his letter, a copy of which is with The Hindu , delivery of health services in Maoist areas is “both a challenge and an opportunity.” “It is an opportunity since the health programmes are not obstructed by the Maoists, and if delivered effectively, [it] has the potential to soften the local tribals’ attitude towards the government,” wrote Mr. Ramesh.

Mr. Ramesh has suggested to Mr. Azad to introduce some “flexibility” in the NRHM to deal with “health challenges” in Maoist areas. He has strongly recommended government support for four non-profit health organisations, which have done substantial work in central India. These are Ramakrishna Mission (RKM) in Narayanpur and Jan Swasthya Sahyog (JSS) in Bilaspur district of Chhattisgarh and the organisations led by Dr. Abhay Bang and Dr. Prakash Amte in southern Maharashtra.

He feels the NRHM should not only be used “to support existing institutions,” but also to create “new [health] networks,” and, therefore, “such organisations” should be supported under the NRHM.

 


  • In underdeveloped areas of Chhattisgarh, government healthcare is non-existent
  • Health workers rarely visit PHCs in remote areas due to perceived ‘Maoist threat’

 

#India – Farmers’ suicide rates soar above the rest


MUMBAI, May 18, 2013

P. Sainath

 The Hindu

Suicide rates among Indian farmers were a chilling 47 per cent higher than they were for the rest of the population in 2011. In some of the States worst hit by the agrarian crisis, they were well over 100 per cent higher. The new Census 2011 data reveal a shrinking farmer population. And it is on this reduced base that the farm suicides now occur.

Apply the new Census totals to the suicide data of the National Crime Records Bureau (NCRB) and the results are grim. Sample: A farmer in Andhra Pradesh is three times more likely to commit suicide than anyone else in the country, excluding farmers. And twice as likely to do so when compared to non-farmers in his own State. The odds are not much better in Maharashtra, which remained the worst State for such suicides across a decade.

“The picture remains dismal,” says Prof. K. Nagaraj, an economist at the Asian College of Journalism, Chennai. Prof. Nagaraj’s 2008 study on farm suicides in India remains the most important one on the subject. “The intensity of farm suicides shows no real decline,” he says. “Nor do the numbers show a major fall. They remain concentrated in the farming heartlands of five key States. The crisis there continues. And the adjusted farmers’ suicide rate for 2011 is in fact slightly higher than it was in 2001.” And that’s after heavy data fudging at the State level.

Five States account for two-thirds of all farm suicides in the country, as NCRB data show. These are Maharashtra, Andhra Pradesh, Karnataka, Madhya Pradesh and Chhattisgarh. The share of these ‘Big 5’ in total farm suicides was higher in 2011 than it was in 2001. At the same time, the new Census data show that four of these States have far fewer farmers than they did a decade ago. Only Maharashtra reports an increase in their numbers.

Nationwide, the farmers’ suicide rate (FSR) was 16.3 per 100,000 farmers in 2011. That’s a lot higher than 11.1, which is the rate for the rest of the population. And slightly higher than the FSR of 15.8 in 2001.

In Maharashtra, for instance, the rate is 29.1 suicides per 100,000 farmers (‘Main cultivators’). Which is over 160 per cent higher than that for all Indians excluding farmers. Such gaps exist in other States, too. In as many as 16 of 22 major States, the farm suicide rate was higher than the rate among the rest of the population (RRP) in 2011.

The data for 2011 are badly skewed, with States like Chhattisgarh declaring ‘zero’ farm suicides that year. The same State reported an increase in total suicides that same year. But claimed that not one of these was a farmer. What happens if we take the average number of farm suicides reported by the State in three years before 2011? Then Chhattisgarh’s FSR is more than 350 per cent higher than the rate among the rest of the country’s population.

In 1995, the ‘Big 5’ accounted for over half of all farm suicides in India. In 2011, they logged over two-thirds of them. Given this concentration, even the dismal all-India figures tend to make things seem less terrible than they are.

Ten States show a higher farm suicide rate in 2011 than in 2001. That includes the major farming zones of Punjab and Haryana. The average farm suicide rate in the ‘Big 5’ is slightly up, despite a decline in Karnataka. And also a fall in Maharashtra. The latter has the worst record of any State. At least 53,818 farmers’ suicides since 1995. So how come it shows a lower FSR now?

Well, because Census 2011 tells us the State has added 1.2 million farmers (‘main cultivators’) since 2001. That’s against a nationwide decline of 7.7 million in the same years. So Maharashtra’s farm suicide rate shows a fall. Yet, its farm suicide numbers have not gone down by much. And a farmer in this State is two-and-a-half times more likely to kill himself than anyone else in the country, other than farmers.

Karnataka, in 2011, saw a lot less of farm suicides than it did a decade ago. And so, despite having fewer farmers than it did in 2001, the State shows a lower FSR. Yet, even the ‘lower’ farm suicide rates in both Maharashtra and Karnataka are way above the rate for the rest of the country.

These figures are obtained by applying the new farm population totals of Census 2011 to farm suicide numbers of the NCRB. The Census records cultivators. The police count suicides. In listing suicides, the State governments and police tend to count only those with a title to land as farmers.

“Large numbers of farm suicides still occur,” says Prof. Nagaraj. “Only that seems not to be recognised, officially and politically. Is the ‘conspiracy of silence’ back in action?” A disturbing trend has gained ground with Chhattisgarh’s declaration of ‘zero’ farm suicides. (That’s despite having had 4,700 in 36 months before the ‘zero’ declaration). Puducherry has followed suit. Others will doubtless do the same. Punjab and Haryana have in several years claimed ‘zero’ women farmers’ suicides. (Though media and study reports in the same years suggest otherwise). This trend must at some point fatally corrupt the data.

At least 270,940 Indian farmers have taken their lives since 1995, NCRB records show. This occurred at an annual average of 14,462 in six years, from 1995 to 2000. And at a yearly average of 16,743 in 11 years between 2001 and 2011. That is around 46 farmers’ suicides each day, on average. Or nearly one every half-hour since 2001.

 

Chhattisgarh – Bastar tribals demand CBI probe #indigenous


Rashmi Drolia, TNN May 9, 2013

RAIPUR: Enraged tribals of Maoist hotbed Narayanpur district in tribal Bastar region of Chhattisgarh are demanding a CBI probe into the alleged police encounter of two villagers in Maronaar village near ChoteDongar on April 30.

A joint team of COBRA battalion, CRPF and district force claimed to have gunned down Maoist cadres of Duala Dalam Phool Singh and Jai Singh. Since then police have been facing severe protest from 84 villages in the vicinity against the killing.

Talking to TOI, Panniram Wadde, president of tribal Gond community in Bastar said, “On the night of April 30, town inspector Vijay Chelak and sun-divisional officer of police B N Baghel dragged three brothers of the family to the police station and after brief interrogation, police relieved Ram Singh, keeping Jai Singh and Phool Singh in the custody. Next morning their mutilated body was found in the jungles of Maronaar, few kilometre from the police station. Aged between 30 and 35 years, both the villagers were involved in farming.”

Wadde said, the police had also claimed to have found four muzzle loading guns, one USA made pistol, one country-made pistol, couple of grenades and tiffin bombs, detonators and Naxal literature in their camps, but the fact was that they were dragged empty-handed from their homes. Panniram alleged that the police had fabricated the encounter by beating them and made them wear Maoists uniforms, killing them in the forests.

More than 10,000 agitated villagers from 84 nearby villages gheraod the police station in protest demanding CBI probe in the case. “Not only did the police kill them, they also buried both the bodies in the same ditch after conducting post mortem,” Panniram said adding that the body was not handed over to the family.

Comrade Niti, commander south Bastar CPI (Maoist) called up newsmen at midnight, to point out that it was not the first time that police victimized innocent villagers. “When they fail to trace Maoists they assault villagers and kill them fabricating the incident as an encounter. This time too the police have killed two innocents. CPI (Maoist) strongly condemns the incident,” she said.

In another incident, a member of Gond community, Pramod Potai, said that more than 30 villagers of Kukrajor region, 10 km from Narayanpur, were admitted to a hospital after being brutally beaten up by the police. “The CRPF base camp was attacked by Maoists on the intervening night of Tuesday opening firing at policemen. Though there were no casualties, soon after the incident police came to the village thrashing them for not passing them information about planned firing,” said Potai. Condition of five villagers is said to be critical.

 

 

Chhattisgarh – Letter to NHRC on the denial of rights to political prisoners at Raipur Central Jail


Sanhati

May 8, 2013

by Prashant Rahi

This is to bring to your notice the unrepentant high-handedness of the authorities of the Raipur Central Jail in Chhattisgarh as regards thedenial of fundamental and human rights to two of their under-trialinmates whom I visited there last week, both senior, well-educated citizens of the country.

It was on April 26, 2013 that I visited these two under-trials with due permission from the Jail Superintendent. One of them is called Purnendu Mukherji, a resident of Kolkata (aged 70 years), and the other, Varanasi Subrahmaniam, a resident of Andhra Pradesh (aged 57 years). Both have spent about 3 years in various jails of the country ever since they were shown arrested in Bihar. To the best of my knowledge, they have been framed up in cases related to a violent incident reported some time ago from the Rajnandgaon district of Chhattisgarh, which may have been an outcome of the ongoing civil war in that state between the Maoist-led forces on the one hand and the paramiltary and police forces on the other. These two political prisoners, whom I visited, appear to have been falsely implicated in the case/s related to this incident simply because they were among the alleged Maoist leaders already incarcerated in some other part of the country, and hence vulnerable to be charged by the Chhattisgarh police, hard-pressed as they were to affix the blame for the untoward incident on one civilian suspect or the other. While Purnendu Mukherji’s trial proceedings arew ell underway at the Rajnandgaon District and Sessions Court, Varanasi Subrahmaniam (who was recently transferred early this year to Raipur Central Jail from District Jail, Warangal, AP) has not yet been served any charge-sheet in this matter. The two are charged under various sections of the IPC, such as waging war against the state and sedition as well as the provisions of the Chhattisgarh Special Public Safety Act and the Unlawful Activities (Prevention) Act, 2008.

As per the security provisions for such so-called high-profile prisoners, my meeting with the two was arranged in the office of the Additional Jail Superintendent, to which neither did my prisoner friends nor I have any objection. However, the mere seriousness of the charges against these prisoners – itself a very common occurrence for the hundreds and thousands of tribals and activists thrown behind bars in that state – cannot be allowed to be made a ground for the denial of their fundamental and human rights. My objections on this count are as follows:

* The jail official, in whose office my two prisoner friends and I were seated during my visit, remained ensconced within earshot of our conversation, and was listening throughout. This violated the stipulated norms for prison visits by family members and friends and legal advisers.

* Other prisoners who worked in the Jail office were also well within earshot.

* In addition, an official in plain clothes, who did not work in the jail, but was very obviously an informer or intelligence official of the very police, who had fabricated the case against my two prisoner friends, seated himself on a chair right next to me, even closer to us than the jail officials and the other prisoners.

Personally, I found such eavesdropping a serious infringement upon my own civil right to converse freely with my friends and ask about their well-being and about the details of the cases foisted upon them. I did raise objections there and then, stressing that agents of the very same state that had foisted the case could not be allowed to overhear our conversation, and that there should be a sufficient distance of a few metres between us and any official or any other person for that matter, such that we could be seen and observed clearly for security reasons, but our conversation could not be heard. Such pleas, however, went unheeded within the premises of the prison with the officials not even batting an eyelid. This may also be perceived as an outright denial to my friends of their right to a free and fair trial. If officials of the state can be allowed to overhear every aspect of the preparations and mutual discussions of the defence side, then how can the accused expect to convey in confidence their defence points and arguments to their visiting lawyers or to friends like me who would coordinate between them and their defence lawyers? This is especially so in the case of these two prisoners who are total strangers to Raipur and Rajnandgaon, and badly need help from friends like me to co-ordinate their legal defence. The few relatives who visit them live hundreds, if not thousands, of miles away, and hence cannot pay regular visits to the jail and court.

The jail officials allowed us only 20 minutes, with all the interruptions and interventions owing to the unwarranted eavesdropping by the jail and police officials and other prisoners.

Among the instances of denial of basic human rights to these two prisoner friends of mine, which were brought to my notice during those 20 minutes, the following are liable to be considered as serious violations:

1. The jail officials refused to let them read a copy of the Jail Manual. It seemed as if the officials did not want to inform the prisoners of the officially laid out rules and regulations along with their own rights and obligations. Not providing copies of the Jail Manual was a common ploy adopted by the authorities to remain unquestioned while putting up a high-handed and arbitrary behaviour. My prisoner friends told me in front of the jail official present that they had been asking for the Jail Manual for several months, yet the official maintained his stoic refusal to comply with their request.

2. In most Jail Manuals, prisoners are said to possess the right to write and receive letters. In this jail, however, I was told by my prisoner friends (with the Jail official silently listening on) that letters sent to them by family members were not delivered. Varanasi Subrahmaniam said that he had once asked for a message to be wired through telegram to his lawyer in Andhra Pradesh, but no such facility was granted. Similarly, speed post facility even at one’s own cost was denied even if the matter concerned some urgent, legal issue. The same prisoner friend of mine further complained that a letter, which he wanted to send to seek some pertinent information under the RTI, 2005, could not be sent due to this high-handed attitude of the officials.

3. An elder brother of Varanasi Subrahmaniam, who visits him once in a month or two, had during his last visit subscribed to the reputed newspaper, The Hindu on the latter’s behalf. However, the jail authorities had neither co-operated nor allowed him to procure copies of this newspaper. Even such innocuous reading material was flatly denied.

4. The usual jail newspaper when circulated into the barracks of these two prisoners would often be found to be heavily censored. Even such news items that did not pose any threat to the maintenance of order in the jail and did not directly impact its security would be invariably cut up. Especially with prisoners, who have been detained for political reasons or those who have certain political inclinations and beliefs, denial of the right to read all that he or she may wish to read from registered newspapers, magazines and books openly available in the market would amount to outright denial of his or her right to information and knowledge.

5. Even serious books that could be food for thought for anyone who may be concerned with the betterment of our society are not allowed as reading material for these two prisoners.

6. Varanasi Subrahmaniam is further not allowed to read in his mother tongue, Telugu.

7. Writing materials such as blank papers and other permissible stationery items are also not provided in the course of normal routine.

8. Apart from the above instances of the denial of fundamental and human rights that seemed part and parcel of the normal manner of administration at this prison, the septuagenarian among the two, Purnendu Mukherji told me that he was suffering from a number of ailments, some of which are quite serious and needed urgent investigation and treatment at an appropriate advanced referral centre outside the state of Chhattisgarh. The ailments he is currently suffering from include chronic Pulmonary Obstructive Disease, arthritis, hernia, spinal problems and gastric trouble. A special diet, as may be permissible, was also required for him.

At the end of my visit, I tried to appeal to the Additional Jail Superintendent, who was overseeing my visit, in the hope that my prisoner friends would be accorded human treatment, especially as no crime was yet proven to have been perpetrated by them. However, I soon realized that my appeal fell on deaf ears, and I was left with no option but let this apex watchdog of the state of human rights in our country, as also the world at large,know what transpires within the underbelly of our criminal justice system, namely jails like the one at Raipur.

I urge you to please help restore the rights of the two prisoners whom I visited on April 26.I am forwardinga copy of this letter for the sake of information to the Jail Superintendent, Raipur Central Jail, and to some concerned civil liberties and democratic rights activists in the country.

 

Do not oppose bail of 63 Naxalites, Buch panel to Chhattisgarh


May 8, TNN
BHOPAL: Committee set for reviewing the cases ofundertrials languishing in Chhattisgarh jails, has so far recommended the state government that it should not oppose the bail plea of 63Naxalities who have been in jail for more than two years.

However, the committee is not aware whether any of these 63 naxalities were released or not. The committee headed by former chief secretary of state Nirmala Buch was constituted as a part of deal between Naxalities and state government against the release of abducted Sukma collector Alex Paul Menon, in May 2012.

The first meeting of the committee was held on May 3 last year, the day when the abducted collector was released by Naxalities, the committee’s sixth meeting was held at Bhopal on Monday.

“It is a standing committee and its purpose is to review the cases of undertrials who are in the jails for 2 years or more. So far we have reviewed 235 such cases and have recommended that government should not oppose the bail pleas of 110 such undertrials. Out of these, 110 a total of 63 were naxalities,” chairperson of the committee Nirmala Buch told TOI.

“176 cases were reviewed till the fifth meeting of the committee, out of which we recommended the government for not opposing the bail pleas of 71 after the review”, she said. “11 out of the 71 got bails, 10 were acquitted, 32 bail applications were not opposed by government but were rejected by courts,” she said.

“The rest 14 undertrials didn’t apply for bail in court,” Buch said.

Now, after the sixth meeting where we have reviewed 59 cases, we are recommending the government for not opposing the bail pleas of 39 such under trials which includes 21 naxalities, she added.

In all there are around 990 undertrials in Chhattisgarh jails who have been in captivity for two years or more years. We will review the next 100 cases in the meeting which is scheduled in July this year, Buch said.

 

 

An open letter: Adivasis need speedy and impartial justice


 

May 6, 2013, TNN

To the Government of India, Members of the Judiciary, and All Citizens,

One of the most disastrous consequences of the strife in the tribal areas of central India is that thousands of adivasi men and women remain imprisoned as under-trials, often many years after being arrested, accused of ‘Naxalite/ Maoist’ offences.

The facts speak for themselves.

In Chhattisgarh, over two thousand adivasis are currently in jail, charged with ‘Naxalite/Maoist’ offences. Many have been imprisoned for over two years without trial. In Jharkhand, an even larger number of adivasis, possibly in excess of five thousand, remain imprisoned as under-trials. The situation is similar in many other states of central and eastern India currently affected by armed conflict between the government and adivasi-linked militant movements, namely Andhra Pradesh, Bihar, Madhya Pradesh, Maharashtra, Odisha and West Bengal. The adivasi undertrial population may run into thousands in each of the states. Assessing the true scale of the problem is inherently difficult, given that none of the police or jail administrations are making comprehensive figures public, even after RTI requests have been filed by concerned citizens. This opacity adds to the injustice.

In each of these states, the adivasi under-trials, and particularly those arrested under special security statutes, face grave common handicaps that obstruct their Constitutional right to a fair, speedy trial, to justice.

One, language barriers. The vast majority of adivasi under-trials speak only adivasi languages, such as Gondi and Halbi. However, few if any courts have official interpreters/translators. This leaves the adivasis unable to communicate directly with the Officers of the Court or otherwise effectively make their case.

Two, the failure, in case after case, for evidentiary material, such as captured arms or explosives, to be promptly submitted in court by the security forces when they first produce the detainees before the Magistrate, as the Magistrate can statutorily direct the security forces to do when they level such serious charges. In the absence of prima facie proof, the grave risk of injustice being done to innocent adivasis is self-evident.

Three, procedural barriers relating to ‘Naxalite/Maoist’ and other security offences. Being charged with such offences, the under-trials are not produced in the courts for lengthy periods. Owing to this, the trial does not proceed for years together.

Four, other procedural barriers. Since under-trials charged with ‘Naxalite/Maoist’ offences are only held in Central Jails, many of them of them are transferred to jails at a great distance from their homes and families. In Chhattisgarh, for instance, nearly one hundred adivasi under-trials from Bastar have been transferred to Durg or Raipur Central Jails, a distance of over 300 kilometers. The great distance, coupled with the poverty of most adivasis, means that families are unable to regularly visit them or provide them with vital emotional support.

Five, the lack of proper legal defence. Lawyers who visit ‘Naxal/Maoist’ under-trials in Chhattisgarh are photographed by the authorities and their information listed in a separate register, making lawyers reluctant to visit their clients. In any event, many of the adivasi under-trials are dependent on legal-aid lawyers who rarely go to meet the client or seek instructions regarding the case. Often lawyers are careless in their conduct of cases and are amenable to pressures from the police or prosecution.

In addition to the humanitarian imperative, the prolonged failure to provide speedy and impartial justice to these thousands of adivasi under-trials is damaging the prospects for peace in India’s heartland – by leading adivasis to feel that the Indian government does not treat them as full citizens and by intensifying their generalised sense of alienation. It is telling that in the widely publicised “Collector abduction” incidents of Chhattisgarh and Odisha, one of the major demands raised by the insurgents was speedy and fair trial for these thousands of jailed adivasis, accused of being Naxalites/Maoists. Yet, virtually none of the efforts belatedly agreed to by the state governments – such as the ‘High-powered Committee for review of the cases of Adivasiundertrials in Chhattisgarh’, set up in mid-2012 under the aegis of Nirmala Buch, the former top IAS officer - have come to fruition or been acted on to any degree by the concerned governments.

More than anything else, the failure to ensure justice for the adivasis is a grave blot on India’s human rights record. Not only are we as a nation committed to democracy and human rights, but our Constitution provides extensive safeguards and rights to the adivasis that are being violated by not ensuring fair and speedy trials for these thousands of adivasi under-trials.

On every count – whether humanitarian or strategic – it is imperative that this prolonged failure to assure our country’s adivasis of speedy, impartial justice be set right immediately.

Justice is in everyone’s interest.

Hence, we the undersigned, a large group of concerned Indians – including adivasi leaders, jurists and lawyers, and public intellectuals – urge the Union Government, the concerned State Governments, and the Supreme Court to undertake to appoint a special Commission of eminent jurists to oversee dedicated fast-track courts that hear these cases speedily and impartially.

Sincerely,

VR Krishna IyerMahasweta DeviSwami AgniveshNandita Das, Nitin Desai, GN Devy, Jean Dreze, Gladson Dungdung, Anand Grover, Ramachandra GuhaGirish Karnad, Manish Kunjam, Harsh Mander, Vinod Mehta, Arvind Netam, Rajinder Sachar, BD Sharma, Nandini Sundar, Father Stan Swamy, Tarun Tejpal, Mukti Prakash Tirkey.

 

 

You Say You Want A Revolution – Film Review


Sanjay Kak’s new documentary is a love song to people across the country fighting to save our soul. Saroj Giri takes a first look

SAROJ GIRI

11-05-2013, Issue 19 Volume 10

2 / 2
Director’s cut: Sanjay Kak

Gandhi taught us that while a political or public victory is possible in war, it however degrades you as a moral being. Think of, say, the Rwandan genocide or the Bosnian conflict. Going by this, the Adivasi Maoists involved in a war in Chhattisgarh, should come across as utterly degraded beings caught in a spiral of violence. With a scribe and a camera in front of them, they should’ve started wailing about their miseries, pleading for exit from the hellish war.

Indeed, what kind of a filmmaker is it who comes back with news that something beautiful and forward-looking is flowering precisely in the midst of all the war and conflict? For God’s sake, why is he not talking about ‘conflict resolution’ or making the Maoists surrender arms, or restoring the government’s writ in the ‘red corridor’ and initiating ‘development’, and so on?

Instead Red Ant Dream — filmmaker Sanjay Kak’s new documentary — starts with Bhagat Singh declaring that “the state of war does exist and shall exist”. The viewer is already pushed to think: what is this war, which goes back to Bhagat Singh and is not just the ongoing war between the armed guerrillas and the security forces?

Brecht once asked what is the robbing of a bank compared to the founding of a bank. Or as one old saying goes, the law catches the thief who steals the geese off the land, but lets off the bigger thief who captures the land off the geese. Banks and law, among other things, are part of a class war, but they are perceived as normal functioning, business as usual. There is no class war, we are told, only peace and democracy. There is no real structural inequality, only asymmetrical life chances or bad luck for some. There is no corporate land grab, only development and growth, without which India will be left out in the global arena.

Everything is nice, everything is fine, except for some exceptions here and there, some terrorists or violent guerrillas! What we have then is a social order constituted by war, but where the war never appears as war as such, appearing instead as peace and/or democracy, or simply ‘growth’. Because of this, revolutionaries who accept that this war exists and take sides are easily smeared as violent, or as terrorists, as immoral. This film challenges this narrative and establishes that revolutionaries open up real utopian possibilities through war, and renders the existing order less impenetrable, less unchallengeable than it appears. It intimately moves along the pregnant fissures and faultlines revolutionaries have patiently furrowed in the belly of the beast.

Red Ant Dream maps the ongoing dirty war over mineral resources. It opens with big dumper trucks ferrying goods, ores and minerals, with big dusty factories in the background. Next, it sets up the ‘two sides’: armed guerrillas in the forest and severe looking security forces. War over resources morphs into the war between these two sides: this is the purported, perhaps intended, frame within which the film signals its unfolding.

But as the film unfolds, it becomes clear that there are no two sides, since they simply do not mirror each other. The guerrillas come across not as warmongering soldiers but, to use Rasta-speak, as souljas, or, in Gandhi-speak, as moral beings. They are not just opposing the enemy. Real opposition is achieved only when you are no longer determined by the conditions set by the enemy you are fighting. The film brings us signs of a real freedom and emancipation, where the Maoists are pointing to a different social order, a different way of relating and approaching life.

Far from being merely one ‘side’ in a dirty war, the Adivasi and the jungle become a metaphor for a rupture and a utopian stirring. From deep within the jungle, a voice emerges: violence is a structural feature built into our hierarchical, oppressive and rotten society. It feels like an infinite judgement on the present order. It refuses to be an ‘opposition voice’, refuses to engage in the rhetoric of ‘democratic opposition’ or the ‘struggle for hegemony’, and instead heralds the dissolution of this order

And then it is the Bhumkal festival. Here the many red flags amidst Adivasi drumbeats and brightly costumed dancers and ‘Gandhians with a gun’ will leave the middle class red radical riveted to the screen. It feels like a dream where you go and touch that other world of freedom. The Adivasi leader Gundadhur is celebrated amidst calls for “death to imperialism” and “long live the new democratic revolution”. You forget that in the melee of the crowds are women People’s Liberation Guerrilla Army (PLGA) soldiers with guns dancing to the drums. Weren’t these soldiers supposed to be atop watchtowers?

There is then, in effect, no two sides, only one side — the side of revolution and life. The big companies live through loot and plunder, through exploitation and terror, trying to live off our land, lives and resources. They, as the Niyamgiri Adivasis explain, only have the pot with boiling water, but “the rice is with us”. And so if we don’t give them the rice and what we have in our mountains, “they are in trouble”. In other words, they need us, we don’t need them.

The philosopher Alain Badiou reminds us that there aren’t two worlds, one of the capitalists and another of the oppressed and marginalised. We must claim that there is only one world and it is all ours: “Ek baag nahi, ek khet nahi, hum saari duniya maangenge”. The same voice is heard from the Adivasis of Niyamgiri, Lakhpadar, Muniguda and beyond, to the activists in Punjab upholding the legacy of Bhagat Singh, and Pash, the poet of revolutionary dreams.

And yet, in the meantime, there are ‘two sides’, for there is a war. Hence the enemy enlists the poor in its ranks, in the army and, worse, you have the Salwa Judum, which has many ordinary Adivasis in its ranks. You see state propaganda videos in which Mahendra Karma (a founder of the vigilante militia) tells us that Salwa Judum is a spontaneous uprising of the Adivasis against Naxalites. And then goes on to boast about the support of the government and the police!

In Red Ant Dream, we see rare footage from the training camps of the Counter Terrorism and Jungle Warfare College in Kanker. We hear about plans for the “creeping reoccupation of territory” from the Maoists and establishing the writ of the government. “Towards this aim,” we learn, “the entire spectrum of national power must be mobilised with the security forces at the forefront.” There’s also Maoist video footage that documents torture by security forces.

Overall, the film’s strength is that it wants to go beyond the spatial specificity of the Adivasi struggle as an indigenous movement (in this forest, against this particular mining company, and so on) and tease out a wider revolutionary left current. Hence its basic orientation is not one of romanticising the Adivasi way of life.

There is, however, one major tension in Red Ant Dream: in the way it presents industrialisation and modernity. The factories and plants are rightly presented as scary and oppressive. The long shot visuals of the industrial plants conjure up this image. But then these industries appear as an absolutely repressive deadweight thing and not as constituted by internal social relations (of capital exploiting labour), not as internally riven by class struggle. Hence the fact that there are potential allies of the Adivasis inside those factories — the workers — does not get taken seriously. Or, for example, that striking Maruti workers could be (potential) allies of displaced Adivasis. This would require an inside-out close-up of the industrial plant so that displaced Adivasis and workers can be seen together to form the proletariat — the properly communist perspective. The proletariat demands the whole world, and not just the protection of its own habitat (jal, jangal, jameen).

The film does come close to exploring this dimension. At one point, there is a conversation with two workers of the Vedanta mining company. They are in solidarity with the Adivasi villagers but still work for the hated company. They know that the company exploits them, that the real wealth is in the mountains and not in the city. But they have to work in the factory since they have no other way to feed their family. The jal, jangal, jameen option is not available to them. So what will be their terms of solidarity with those Adivasis who can revert to their jal, jangal, jameen and who want the company out? Only a wider movement can address these questions.

Another tension is with regards to the use of Bhagat Singh’s legacy. Here ‘anti-imperialism’ seems overloaded with nationalist or patriotic fervour. So the three men shouting “bagawat, bagawat, bagawat” to defend and “give our life for the nation” would surely run counter to the Adivasis in Niyamgiri who want to question the nation itself. Those upholding the legacy make tall promises about sacrifice and revolution. This contrasts with the fighting guerrillas who make no such claims.

At another level, the convergence of rebels and forests in the film is of wider provenance. The movie Pan’s Labyrinth has the little girl running away from the fascists only to find support from the rebels in the forests. Here again the fascists are parasitic and vampirish while the rebels stand for the rupture of the status quo, for life and a brighter future. The rebels seem a realisation of the freedom the girl always yearned for. Or think of Satyajit Ray’s Goopy Gyne Bagha Byne, when the dancing spirits of the forest offer boons to Goopy and Bagha. These boons set them on a fantasmatic high, give them a footing as it were to critique or reject existing society for its harshness and inequalities: the impossible becomes possible.

Unlike these movies, there is nothing oracular in the Red Ant Dream: here, the fantastic is snatched from the jaws of reality, of war and class struggle, through patient work among the masses. The imposed reality of war is turned around into the possibility of a better society: what else can be more fantastic!

Red Ant Dream will be screened at India Habitat Centre, New Delhi, on 7 May

letters@tehelka.com

(Published in Tehelka Magazine, Volume 10 Issue 19, Dated 11 May 2013)

Saroj Giri     

24  2  0 Tumblr0   - See more at: http://tehelka.com/you-say-you-want-a-revolution/#sthash.12IqeVad.zT4oA5dV.dpuf

 

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