Tribal communities represent a substantial and important proportion of Indian population and heritage. Not even ten countries in the world have more people than we have tribals in India. Not only are they crucial components of the country’s human biodiversity, which is greater than in the rest of the world put together, but they are also an important source of social, political and economic wisdom that would be currently relevant and can give India an edge. In addition, they understand the language of Nature better than anyone else, and have been the most successful custodian of our environment, including forests. There is also a great deal to learn from them in areas as diverse as art, culture, resource management, waste management, medicine and metallurgy. They have been also far more humane and committed to universally accepted values than our urban society.

It is clear that the country has been witnessing gross violation of the rights of the poor, particularly tribal rights, which have reached unprecedented levels since the new economic policies of the 90’s. The 5th Schedule rights of the tribals, in particular the Panchayat Extension to Scheduled Areas (PESA) Act and the Forest Rights Act have been grossly violated. These violations have now gone to the extent where fully tribal villages have been declared to be non-tribal. The entire executive and judicial administration appear to have been totally apathetic to their plight.

The development model which has been adopted and which is sharply embodied in the new economic policies of liberalization, privatization and globalization, have led in recent years to a huge drive by the state to transfer resources, particularly land and forests which are critical for the livelihood and the survival of the tribal people, to corporations for exploitation of mineral resources, SEZs and other industries most of which have been enormously destructive to the environment. These industries have critically polluted water bodies, land, trees, plants, and have had a devastating impact on the health and livelihoods of the people. The consultation with the Gram Sabhas required by the PESA Act has been rendered a farce as has the process of Environment Impact Assessment of these industries. This has resulted in leaving the tribals in a state of acute malnutrition and hunger which has pushed them to the very brink of survival. It could well be the severest indictment of the State in the history of democracy anywhere, on account of the sheer number of people (tribal) affected and the diabolic nature of the atrocities committed on them by the State, especially the police, leave aside the enormous and irreversible damage to the environment. It is also a glaring example of corruption – financial, intellectual and moral – sponsored and/or abetted by the State, that characterizes today’s India, cutting across all party lines.

Peaceful resistance movements of tribal communities against their forced displacement and the corporate grab of their resources is being sought to be violently crushed by the use of police and security forces and State and corporate funded and armed militias. The state violence has been accentuated by Operation Green Hunt in which a huge number of paramilitary forces are being used mostly on the tribals. The militarization of the State has reached a level where schools are occupied by security forces.

Even peaceful activists opposing these violent actions of the State against the tribals are being targeted by the State and victimized. This has led to a total alienation of the people from the State as well as their loss of faith in the government and the security forces. The Government – both at the Centre and in the States – must realize that it’s above-mentioned actions, combined with total apathy, could very well be sowing the seeds of a violent revolution demanding justice and rule of law that would engulf the entire country. We should not forget the French, Russian and American history, leave aside our own.

Recommendations:

1 Stop Operation Green Hunt and start a dialogue with the local people.
2 Immediately stop all compulsary acquisition of agricultural or forest land and the forced displacement of the tribal people.
3 Declare the details of all MOUs, industrial and infrastructural projects proposed in these areas and freeze all MOUs and leases for non-agricultural use of such land, which the Home Minister has proposed.
4 Rehabilitate and reinstate the tribals forcibly displaced back to their land and forests.
5 Stop all environmentally destructive industries as well as those on land acquired without the consent of the Gram Sabhas in these areas.
6 Withdraw the paramilitary and police forces from schools and health centres which must be effectuated with adequate teachers and infrastructure.
7 Stop victimizing dissenters and those who question the actions of the State.
8 Replace the model of development which is exploitative, environmentally destructive, iniquitous and not suitable for the country by a completely different model which is participatory, gives importance to agriculture and the rural sector, and respects equity and the environment.
9 It must be ensured that all development, especially use of land and natural resources, is with the consent and participation of the Tribal communities as guaranteed by the Constitution. Credible Citizen’s Commissions must be constituted to monitor and ensure this.
10 Constitute an Empowered Citizen’s Commission to investigate and recommend action against persons responsible for human rights violations of the tribal communities. This Commission must also be empowered to ensure that tribal actually receive the benefit of whatever government schemes exist for them.

The Independent People’s Tribunal took place from 9th – 11th April, 2010, at the Constitution Club, New Delhi. This was organized by a collective of civil society groups, social movements, activists, academics and concerned citizens in the country. The people’s jury, comprising of Hon’ble Justice P. B. Sawant, Justice H. Suresh, Professor Yash Pal, Dr. V. Mohini Giri, Dr. P. M. Bhargava, and Dr. K.S. Subramanian heard testimonies from the affected people, social activists and experts from Andhra Pradesh, Chhattisgarh, Jharkhand, Orissa, and West Bengal.

First argument: Operation Green Hunt, Land Acquisition & Resource Grab, through state, is happening in the central part of country which is mostly inhabited by the indigenous population. The very same people are actually living in harmony with environment; they worship and protect Mother Nature. In the typical “Climate” Activist way I can say that these people have lowest or negative “Carbon Footprint”. (Can someone calculate the carbon footprint of “Savior” of the world Mr. Al Gore?). Destruction of their sustainable lifestyle through war and other mechanisms is unacceptable on all grounds. They are the people who are a real inspiration for the “environmentalists”. Their land is supposed to be acquired through “Operation Green Hunt” collaborative effort of state and corporations. The forest and agricultural land after encroachment by these two players will be used for mining, setting up polluting industries like sponge iron and steel, thermal power plants etc. These are the most disastrous and ecologically destructive tasks, which are unacceptable to “Climate” Activist for that matter to all those who are working on environmental issues. Apart from that the production and use of arms and ammunition is highly carbon intensive.
In developing countries like India environmental activism is more than a conservation effort or symbolic acts. The very livelihood of the people here, which is sustainable, is dependent on clean and peaceful environment. The war will not only take the lives of the people but the flora and fauna in the area will also be destroyed. So for us it becomes extremely important to oppose this inhuman operation.

Second argument: Let’s check the name of the organization “Indian Youth Climate Network”, “Indian” as an Indian how can we accept the displacement and genocide of our very own people, who are living the most sustainable life on earth even more than the “Climate” Activist. “Youth”, Youth is always defined as a group of those who don’t adapt to the given circumstances they always seek for change. How can the youth of this nation keep his/her mouth shut when injustice is happening in present circumstances with co-citizens? Now “Climate”, Climate word is not only related to the average pattern of weather, it is also used as a metaphor for example “Political or Economic Climate”, here this has nothing to do with atmosphere. When we talk about climate we need to talk about the issues which are relevant to the climate of different socio-economic spheres.

Third argument: This is based on humanitarian grounds. We are not Maowadi or Maoist sympathizers. Our sympathy is with the people who are suffering because of war between the state and ultra left militia. The war and injustice is unacceptable to the residents of this country where great spirits like “Buddha”, “Kabir”, “Bullah Shah”, “Mahatama Gandhi” were born. We appeal to all parties to abjure violence and become a part of dialogue so that sustainable, participatory and ecologically sound democracy can be reinstated in this country.

I will conclude with the words of my colleague Mr. Rishab Khanna
“I think all of us are aware about the naxal problem, and I am sure most of you know that it is the most pressing threat to our internal security. Most of the mining and deforestation in this country is happening in the naxal belt so it is related the climate justice issue. The indigenous people are fighting for forest and other sensitive ecosystems. It is our duty to support their struggle, even if it means by participating in the event or spreading the word about the event.
Mr. Prashant Bhushan and Dr. Vandana Shiva are very senior activists (there are a lot of others as well who endorsed and participated in this event) and respected all over the world for their commitment to environmental justice.

All I know is that the constitution of our country confer the right to life to its citizens (under article 21). We cannot be ignorant to the killings of our brothers and sisters by our own tax money!”

With deep regards
Kabir Arora
Indian Youth Climate Network

The session was inaugurated with the song “Goan Chhodab Nahi, Jungle Chhodab Nahi” and after that Mr. Prem Prakash Verma, chair of the session briefed the audience about the undemocratic model of development. He added that human rights has to be seen in a wider context—not just constitutional rights, but the right to sustain a tribal way of life. Current developmental paradigm which destroys the tribal way of life is an assault on the rights conferred by the constitution to this section of the population.

Mr. Alex Ekka (Social Scientist) talked about “Tribal way of life”, he said:
What is the understanding of land according to adivasis? All our values and relationships are derived from this. Land is not only the upper crust of soil on which grows the vegetables, but all that is under the earth, including the water bodies and all that is above the earth— the trees and the birds. Land is the source of our livelihood.
Ekka is my surname—it means tortoise. Toppo means bird. Dungdung is a fish. James and I come from the Oraon tribe, Gladson is from another tribe. There are 30 tribal groups in Jharkhand, five major groups. Oraon is my tribe, Ekka is my clan. Just as I cannot misuse my family members, I cannot misuse land since that gives me my identity.
Our socioeconomic and political system is built on this relationship with land. If I own a plot of land, the understanding is that I have trusteeship of land, but the land really belongs to the community. Our political system is based on this—all have access to land, hence all are equal. Everyone has equal voice in the panchayat, and everyone is heard. The PESA is only trying to uphold this and give this legal standing.
No concept of “conquering” or “exploiting” land or resources. Our festivals and religion is all about guarding land and resources. From the economic, social, cultural, political point of view, all meaning is derived from mother earth. The view everywhere else is “homocentric”, but that is wrong. Our (adivasi) worldview is “cosmocentric”.

Fr. James Toppo from Peace and justice Commission added
The first time three of us reach Jashpur, Chhattisgarh, it was because at the intersection of Jharkhand and Chhattisgarh is where we can see in a glance all that is happening to the tribal way of live. Earlier, there were more than 60% tribal areas. But when the panchayat elections were held, these areas were no longer scheduled areas, but general elections were held.
When we browsed through the state website, we were stunned to find out that areas that were earlier 100% tribal, now showed no tribal area.
In one district alone, 756 villages of which were 100% tribal—now on the website show that there were NO tribal there. There were villages which were not in census. Walking in 2 blocks alone, we found that 19 such villages which were completely dropped from the census. I was told that while taking the census, people were not asked about their tribe or their surname, and these names are fictitiously put later.
There were a lot of meetings held on this. People are angry and ready to take up arms. 95% of the people have only complaints of the administration but no one is listening.
Education: I have taught in colleges where there were more than 80% of the students were adivasis. But the textbooks do not mention adivasi history or culture at all. We tried to find out when the “A for apple” book came to Ranchi (Sarcastically). It came in 1948. In 1978, I was convinced that books needed to be changed. I asked jungle adivasis, what an “apple” is. They told me that it was the jungle berry. For 30 years, we have taught tribal boys that A is for apple and apple is a jungle berry (Dungar).
But even though I have raised this point over and over again, before different communities etc., absolutely nothing has been done. The textbook committee told me that the books are not meant for everyone, and the states are supposed to rework them according to the cultural norms. However, no one is listening either at the centre or the state level.
The problem is that we are educating our adivasi children in the jargon of a foreign land, and expect them to become equal to the others. More than 90% of educated tribal don’t know what an acre is—how much land is his brother using? What they understand is how many baskets of grain you need for planting the land.
In Jashpur I met three people who had said right away that they won’t take money for their land. But they were told by the officials, that they don’t need to take money, but they can take a check as a proof of the fact that they had spoken with the government officials. Then they were told that they had to go and receive money for “agricultural bonus”. There have been very poor crops this year, but they are being given a “bonus” – which the people didn’t know, but it was the compensation for land which they didn’t realize they are giving away. When we talked to the officials and asked them why they didn’t speak to the adivasis about this, their reply was that the people don’t understand anything, so it is not worth speaking to them.
Our villages are full of people who wanted to study but are not able to proceed. Jashpur is over 7000 square KM., but over 6000 sq KM are slated for land acquisition. The population of the district is 8 lakh people and they are all farmers. What will happen to them?

Gladson Dungdung, (human rights activist, writer on tribal issues, his family was displaced during the Kalidega Dam and his parents were brutally murdered when he was 12 years old) briefed the audience about the Operation Green Hunt and Resource grab happening in his home state.
Operation Green Hunt (OGH): first launched in East Singhbhum on 5th of March. On 7th of March, they entered a village, went into the house, and took all the rice grain and threw it on the floor. Took all the clothes and threw them on the floor. Took away the son of the family for questioning about Maoists.
Next case, they went to a house and took away all their belongings including the BPL card, and now they have nothing to survive on.
Third case: There was a factory which suffered some attacks, which was suspected to be of the Maoists. One man buying rice and bringing it home, but was waylaid by security forces and taken away to the police station and harassed for carrying rice to the Maoists.
There are villages where no outsiders are allowed by the forces, so your family members also cannot visit you.
There is a big festival of the Santhals, Baja, where flowers have to offered to the god—and after that only can the people collect any forest produce. But this year, the santhals are not being allowed to observe this festival.
Adivasis are being harassed all around—why are you taking so much rice, since you have only two members? Why are you taking so much water? Huge oppression going on all around.
Adivasis are not going to the forest for even firewood, since everyone is scared because of the security forces. This is the prime time for collection of forest produce such as mahua. That means that livelihood crisis will deepen for them.
Since they have nothing to sell, they can’t go to the markets. So the rural economy is poised for a crash in the next 6 months.
There is no mobility in several areas, since there are many checkpoints, and at every checkpoint, they are threatened that they are Maoists.
On 19th of March, adivasis came out in a rally against Operation Green Hunt (OGH), saying that they don’t want OGH since there are no Maoists here. But the Collector said that all of you have been sent here by the Maoists.
Right to Education—it is laughable. So many schools that are closed because security forces are camped inside them. Our children have left going to school, where not only education, they also get food—but now they are scared to go because of the security camps.
Now migration has also started in some villages, since it is impossible to live in the villages.
OGH is not against Maoists but for the corporate house in the “red” corridor. 102 Memorandum of Understanding (MoU) signed but only 13 small industries established. Arjun Munda (Chief Minister of Jharkhand) says that signing the MoU with Arcelor Mittal is his biggest achievement. But we adivasis haven’t allowed it to come forward. Dr. Manmohan Singh (Prime Minister) says that he is worried about the Maoist impact on “investment environment”.
Palamu region is the hotbed o f Naxalism but the OGH was not launched there, but in region where most MoU’s have been signed. POSCO has said that they are shifting their operations to Jharkhand, exactly 10 days after OGH starts in Jharkhand. In the same period, Arcelor Mittal’s MoU also received the clearance from the govt.

Suggestions:
Scrap all the MoUs.
Give us the ownership rights to our land. On the one hand, you are talking about giving us Forest Rights, on the other, you take it away for corporate.
Implement the constitution in word and spirit and scrap draconian land acquisition act.
The documentary movie “Iron is hot” was also screened in the session.

Testimony 1 (Adivasi man-Name cannot be disclosed):
In Dantewada, I was captured by the CRPF. I too was beaten up and was told that I was a naxal. I told them that I am a village representative and not a naxalite. Still they kept beating me; they kept saying that I have a rifle and ammunition etc. I could not bear it any more. So I told them fictional things to get some relief from the beatings. I told them so and so is a naxal in my village, even though I didn’t know anything.
They would beat me everyday—where is the rifle, where is the bomb? They would keep asking. For about one month, the villagers would keep coming and asking for me. They told the villagers that I wanted to be an SPO. They told me I would be shot tomorrow unless I told them about naxals. I couldn’t tell them anything. Eventually, I was let go.
I am a village representative. How can they beat us so much? The CRPF, Salwa Judum doesn’t let us live. People are fleeing. Someone leaves for Orissa other for Andhra Pradesh.

Testimony 2 (Adivasi man-Name cannot be disclosed)
I wanted to fight elections and submitted the forms. I used to complain about the death and destruction due to the SPO, District administration. But once when I reached home around 8-9 pm, there was police waiting for me. They told me that my form had been rejected and I can’t file it again, since the date for filing is past.
The govt. tells us to stay in the village and tells us that they won’t terrorize us. But they still terrorize all the people. We are not with the naxals. We just want to be left alone. We want to be able to go to the forests, collect some firewood, and get some water. But we are being forced to leave our villages and stay in forests. We are neither with the SJ nor with the naxals. No one helps us, we want neither.

Testimony 3 (Adivasi woman-Name cannot be disclosed)
I was outside for some, my husband was not feeling well so was lying on the cot in the village. The police/ security came and killed him. I followed the SPOs into the village, but by the time I reached the village, he had already been killed. The villagers got together and went to the Police Station to complain. The post mortem was also conducted but I never saw the report. I have a young boy, and old parents to support.

Testimony 4 (Adivasi woman-Name cannot be disclosed)
They (security forces) took my husband next to the pond and murdered him few months back. I have one child and no one else to feed me.

Testimony 5 (Adivasi man-Name cannot be disclosed)
This incident happened last year. Four people from our village had gone to the market to sell Mahua leaves. On the way back, (Friday), the SPOs captured them. At around 7pm in the evening, they killed one of the four, and took the remaining three with them.
Next day, the women of the village reached the police station, instead of giving them information, the police beat them up. On Sunday, they killed another one of them. When his wife and mother reached the police station, they told them that he had committed suicide by hanging himself and they were going to throw away the body. The family members (wife and mother) hired a car and brought the body home, performed the final rites.
Rest of the other (two) people are still in jail.

Testimony 6 (Adivasi man-Name cannot be disclosed)
I have only one motivation in coming here—so that I can tell the people about the situation in Dantewada district. I am 23 years old.
The panchayat elections in our village were announced to be held on the 31st. But there were no polling booths set up on the 31st, so I asked the zonal officer, what happened to the elections? He said that they were going to be held on the 2nd. When I asked him, why the date was changed, he didn’t give me any information. I requested him that I want to talk to the collector but he refused. I visited police camp and questioned the major whether the election will be held in the panchayat, or in the police camp. He told me that they will be organized in panchayat on the 2nd. On 2nd, there was no booth in the there, so we took 200 people with us and went to the police camp to vote. But there, they announced that we are naxalites and started firing on us. These people are not fighting the real naxalites, but are fighting against the innocent masses.
Why are the naxalites still there today? Mahendra Karma (Congress Party Member-Founder of Salwa Judum) said that SJ would be over in 6 months. But the naxalites are stronger than ever before. Thanks to SJ. SPOs are not made voluntarily. People are forced to join the camps; they are made to do all the dirty work for the police and the forces. Wash their clothes, cook food for them. Paid a paltry sum of 1500 with a life of misery.
I have passed 12th standard. In my summer vacations in 2004 I was roaming in the village forest. There I met a naxalite for the first time, and I had not seen one before. He asked me who I was. He inquired where I was studying, who my teachers were, whether I liked studying or not. He encouraged me for higher studies. Then when my parents died in 2007 and 2008, I had 2 younger siblings; the naxalites came and asked me how I will study in further. I answered them that I will go to Bailadila (NMDC mines) and do labour there during summer to save money and study further. They encouraged me to study further. If the naxalites had said that studying further would land me with a police job and tortured me, I would never have had the courage to study till 12th class and come here to testify in front of you.
In 2005, maybe there were 50% naxalites in my village. Now there are 90% naxalites.
In our villages, it is not the naxals who destroy the school buildings, it is the villagers. All school buildings are used for housing CRPF, SPOs etc. The villagers are sick and weary of having these forces in the village and their presence only means regular beatings for the villagers, looting of the village produce etc. That is why they destroy the school building when they get a chance.
You might think that I too am a Naxal. But then why would I be in front of you, testifying. I am doing this because I want education in my village. I also want development. But the NMDC in Bailadila is not development. The people who have lost land to Bailadila mines have still not found jobs there.
If you want a company, place it where people agree to it. It is possible that a company might also construct a school and a hospital etc. But we don’t want a company on our lands. We want to do our farming. If a public company like NMDC has not been able to provide us with employment and betterment, how can we even hope this from private companies such as Tata and Essar?

Deposition: Pravin Patel from the Tribal Welfare Society
The context of the arrival of Naxalites in Bastar: Corrupt forest officers and revenue officers. The timber mafia would take forest produce but get ordinary adivasis arrested under false cases. The revenue officers demanded a regular supply of farm animals, poultry as well as adivasi women for themselves. This was happening in all adivasi areas of Jharkhand, Chhattisgarh, and Orissa in the 1980s. When the Naxals came, they would beat up some of the corrupt officers and humiliate others—and this endeared them to the adivasis, who befriended them quite naturally.
The best quality iron ore in the country is in the Dantewada area, where the current war is going on. But it is being given for a song to the companies to make steel from it. It is being provided to them at much lower prices than the international rates. The average cost of labor is also lower than those of other countries. We pay half the wages that China pays, and even lower than Pakistan and Bangladesh. How is it that China is still able to purchase iron ore from us at international rates, pay better wages to its labor force and is still able to export the steel to us and make a profit?
The Memorandum of Understanding with Tata’s for a steel project in Dantewada was signed on 4th June 2005 and less than 24 hours later, the first rally of Salwa Judum was held. The reason is that under PESA, the approval is required from the Gram Sabha (GS) —but the purpose of the SJ is to clear out the villages, so that GS can be easily manipulated. Of the 3.5 lakh people who were displaced by the SJ, a vast majority went into the forests and has joined the naxals.
The claim by the central government that law and order is a state subject and the central forces are only working under the direction of the state forces should also be taken with a pinch of salt. In the recent incident where 76 security personnel were killed in Dantewada, 74 were from the CRPF, one was a forest official and one was an SPO. Where are the state or district police forces?
It has been repeatedly noted that whenever people start opposing corporate projects, or voicing their dissent with the government policies, suddenly these villages are declared as “naxalite” areas. But people are only agitating for basic needs. In Lalgarh, people only want the schools available for class XII examinations, but the CRPF is being housed there. I have video evidence of many primary schools in non-naxalite areas, where there is not a single teacher for 5 classes. In Orissa, there is huge big building for a hospital in a rural area, but for over 8 years, not a single doctor has been there. There are no naxals here either.
T he real terrorists are not the naxals but the economic terrorist who have kept Rs 73 lakh crore in Swiss banks.
In the case of Lohandiguda (where the Tata Steel plant is coming up), the people categorically refused to accept the project and the first collector reported that to the authorities. He was transferred. The second collector also refused to toe the govt line. He too was transferred. The third collector manipulated the situation and gave away public assets worth Rs 5 crore to the company for Re 1. He made an announcement on the 10th that the GS in the area will be held on the 20th, and on the 20th reported that the villagers had agreed. I have many affidavits from the villagers claiming that they are the Gram Sabhapatis, and they were not present in this meeting and have not agreed to the project, but no one is listening to them.

With this the first day of IPT was concluded.

Session: 3 Chhattisgarh

The third session started with the testimonies of the people from Chhattisgarh who are suffering from government supported violence in the area.
Testimony 1 (Adivasi Women)
“I am XX. My hustand was YY (Names cannot be disclosed). He was traveling to inform family members of a death in the family. Salwa Judum (SJ) stopped him enroute and killed him. He was killed by a bullet that pierced his chest. Midday he was killed, I got to know in the evening. There was another person who was killed. I performed the final rites. I did not file a complaint anywhere, since I feared that we will also be caught by the police. Now I am alone and have no one to look after me. I have two children. I have only one plot of land”.
Testimony 2 (Adivasi man)
My name is Lingaram, from Sameli, Dantewada. I am a driver and my family has a car, in which I can ferry people. We have some land on which we farm. I am not very literate.
I was watching TV at home, around September last year. Five motorcycles came, with 10 people, who were holding AK 47s. They took me to Kokunda. They asked me questions such as “where did you get the bike from? How do you go about in style?” My family is fairly comfortably off, but they accused me of being a Naxalite. They tortured me and wanted me to become an Special Police Officer (SPO).
In the meanwhile, my family members filed a writ of habeas corpus. I had to be released. But they kept threatening me that I would either be killed by them—in a fake encounter, or by the Naxals. Finally, I agreed to be an SPO. They took me for the court hearing and kept me in a fancy hotel—but before the judge, I said that although I have come here of my own will, I now wish to return to my family and village. So they had to let me go.
But on the way back, while I was being accompanied by my family and villagers in cars, the security forces stopped us again, and arrested me again and were trying to force me to go back to the police station. However, I managed to flee, but my brother was taken by them instead. A few days later, they again came for me. And have been threatening my father too.
I have been hiding since. The police are still looking for me.
Who is not grieved by the killings of 75 people? But I feel that even though the stated target of the police is the naxals, the real target is somewhere else? Why are we being harassed by the police because of what the naxals do? Why can’t we adivasis wear a good watch, drive a car without being picked up by the police?
Question (Jury): How many people are there in your village and block?
Our villager has 1800 people, the block has 30,000 people.
I fear that because of what has happened recently (the killing of 76 security forces), the entire town of Chintalnar will be razed. Just because of coming here, God knows what will happen to me. But I have to die in any case, how long can I live in hiding.
There is news that some mineral has been discovered in the hills close to our village. And I think that is the real reason that the police is there, not because of the Naxals.
Question (Jury): Is Gram Panchayat functioning in your village?
We have a Gram Panchayat but it has no meaning. It is full of Marwaris and non-tribals. If we write and send them something, they bury it and make sure that it doesn’t reach any of the authorities. We have no education, no health, nothing. Calling us naxals is simply an excuse to terrorize us.
We have a village school upto 5th class. The teachers come for only one day in a month, and collect a full month’s pay. We want real education. The only time the politicians come is during the elections. No one comes to our areas except the police force. We complained about the teachers—but to no avail. We are told that till Maoists are there, we can’t get any relief. When we tell the Maoists we want education, they tell us that they aren’t here for us, adivasis, but for class war.
Question (Jury): Any development on National Rural Employment Guarantee Programme?
There is no NREGA in our region. We were organized under an organization to collect forest produce, but were told that we are naxals. How is it that the Marwaris can come and steal our forest produce and make high profits, but when we adivasis try to collect it, we are called naxals.
Question (Audience): Do you want development in your area?
We get enough from our land to feed us. What is development? NMDC has operated in our area for 52 years but only caused destruction. Naxals don’t help us, but they don’t hurt us either. If having a company nearby could give us development, then considering that Bailadila (NMDC mines) is 20 km from us and has been there before the naxals, then we should have had a lot of development. What is the reason that we still have no education and no hospital? Not one hospital in 52 years! When our adivasis go to bailadila for treatment, they humiliate us and don’t admit us to their hospitals.

Testimony 3(Name cannot be disclosed):
I am from village Sameli. I was doing farming and I was caught by the police. They said that I was a naxal and was a sangham member. I had a watch, so they asked how I got the watch. I told them I worked, but they kept asking me questions and kept beating me. They hit me 5 times for every question. They then forced me to go with them and we went to other villages and there, they got nine other people. For two days, we were kept in the outside under the sun. Then we were brought to a camp and then asked to carry 1.5 quintal food for another camp. By then, many of our village members had traced us, and approached the forces to please let us go. But they released us only the next day.
All adivasis are caught by the police, and told that they are naxals and hence they are being beaten. The SPOs, police round up people grazing animals in the forest, or doing other activities in the forest. If the people run away, then they are shot from behind, and we are told that it is an encounter with naxals. If they don’t run, they are arrested and put in jail. We still have 4-5 boys and girls from our village who are in the jail.
I am told that they are after our land. But if they take our land, where will we go? We will die just like that, since we don’t know how to live without our lands.

Mr. Himanshu Kumar (Vanvasi Chetna Ashram) gave a disposition “State Responses to Journalists, Human Rights Activists and Human Right Interventions”:
My father worked with Gandhiji, and I was influenced by him when he said that young folks should go and live in the village. In 1988, Nirmala Deshpande, my father and I, alone with others went to Dantewada, and I saw the destitution there. I am from Muzaffarnagar which was fairly prosperous, and the contrast with Dantewada was striking.
I started living with the adivasis in 1992 with my wife. The locals helped us build a house/ ashram there. My wife used to teach the women some sewing etc, some children etc. We didn’t have a plan when we went there, took up whatever needed to be done.
We noticed there were schools but no teachers, so we organized people and went to the collector to ask for teachers. Slowly people started getting organized. We had 250 fulltime tribal workers who worked in 4 districts with programs on women empowerment, food, health etc.
Then the Salwa Judum (SJ) happened. All the people / communities where our workers were active were suffering due to SJ. There were rapes, murders, burning of houses etc. I started speaking out against it mutedly. Some of our workers who were also working with UNICEF did a survey on the effect of SJ on women’s and children’s health. These surveyors were beaten by the SJ and CRPF folks so badly that their ear drums were torn.
Then we spoke out openly and loudly against the SJ. We became a listening post for the adivasis since no one else was listening to them. We filed so many complaints to the police station, letters to NHRC etc. although not even a single complaint has been redressed till today.
One month after I first spoke out, we received a letter from the administration that my ashram is illegal. Police and state harassment intensified. On 17 may 2009, the ashram was demolished by 1000 strong police force. But this has only increased the confidence of the adivasis in us—they feel that we must be genuine if we can get our houses demolished for them. We are at par with them—since even our houses are demolished.
I got to meet P Chidambaram (PC). I asked him to come and visit. He said that he couldn’t possibly talk to the naxals. I told him don’t talk to them, but talk to the adivasis. He agreed and we were delighted. We felt there was some sincerity in the government after all. But all the adivasis in the village, who were supposed to inform PC of their problems, they started getting police visits and harassment. Among them, there were 6 girls who had been gang raped. We tried to file an FIR at the PS but they won’t do so. We tried the SP, he refused. Finally, we went to the local magistrate and he filed the complaint. When PC was supposed to come for the jan sunwai (public hearing), a 1000 strong police force visited their village of Samsetti and forced the girls to affix their thumbprint on blank sheets of paper. I complained to everyone, from PC, Home secretary Pillai etc and asked that they intervene. But instead, the police went to the village and kidnapped the girls and took them to the Police Station for 5 days. Eventually, they were asked to not speak with me or the entire village would be burned. I again called the chief secretary asking him to look into this, but he replied within 5 minutes that he has verified that there is no such incident and I am doing a motivated campaign against the state.
PC tells me that I want to keep the tribal as hunters and gatherers. I ask him who can be a worse hunter and gatherer than us.
Those of our workers who were carrying out Supreme Court orders to rehabilitate villages were picked up and are now in jail. The rapists who are named in the complaints of the rape victims, they have organized rallies and raised slogans against us. In the courts in Dantewada, the police have said that they are absconding and hence cannot be arrested, but in the Supreme Court, the police have said that there are no warrants against them.
When we rehabilitated Kendra, we filed a habeas corpus on the behalf of a boy whose father and sister are missing. The father had been kidnapped and his body had been seen by some villagers, and we were worried about the sister. But recently, the police picked up the boy also, who was forced to withdraw his complaint in the court. Judge refused to separate the boy from the police for 48 hours, which we had requested.

Testimony 5 (Adivasi Women-Name cannot be disclosed)
My husband had taken the mahua to sell in the market. CRPF caught him while returning and took him to the camp. When we came to know, we went to the camp, to inquire after him. They told me he wasn’t there. Next day, Saturday, I went again to inquire, I was beaten up by male SPOs and police officers, and on Sunday, I was given my husband’s dead body and told that he had committed suicide in the CRPF camp. We were told that they will throw the body there itself—so we hired a car and transported the body back to village and did the final rites. I have a child and no one to look after me.
Question (Jury): Was the post mortem conducted?
Post mortem conducted but I have not been given any report.
Question (Jury): When did this happen?
This happened last year.

Testimony 6 (Adivasi Man-Name cannot be disclosed)
I had gone to graze my cow in the jungle and carried an axe on my shoulder. There was a car behind me. I didn’t turn back. There was a bullet that came from the behind and it hit me in my waist and grazed past. The bullet was shot by the CRPF, Police and SPO’s. I have father and sister. Why did the police shoot me? I don’t know. I was alone-may be that’s’why.

Failure of the state in bringing growth and development to the people: Disposition by Mr. Binayak Sen from Public Union of Civil Liberties:
“I will talk about the context of Operation Green Hunt (OGH) and Salwa Judum that preceded it. In 2004—an investigation by PUCL “The state of human rights in Chhattisgarh” published on the occasion of the national convention which was held in Raipur on 2-3 April had the following incident.
On 5 April 2004, two teachers and one student were killed brutally. According to the police – they were caught in the crossfire between the police and naxals. But we found that there were witnesses and one teacher, Santosh Thakur, had survived the attack. He had been beaten by a baton and broke his arm. He was taken to the hospital in Andhra Pradesh (AP). We interviewed him in Bhadrachalam hospital (AP) and recorded it on video—one bullet had lodged in his bones, one scraped past, one elbow broken by rifle butt. Still Santosh thakur told us the story.
He said that there was a field where the children and teachers play, when they heard a loud explosion. They fled and four of them got inside a quarter. Then they heard about armed forces arrival and asking them where the naxals are. They told them that we are teachers and not naxals, but they didn’t believe us. They dragged us out and shot us and beat us. They kept on till they believed that everyone was dead. But Santosh Thakur was only comatose. After they left, the villagers came and found that he is not dead and took him to the hospital.
Salwa Judum—there is a perfect system of immunity. No one is held accountable for the people died, houses burnt, villages cleared.

Structured violence: Effect of malnutrition.
Argument that PC is giving: unless naxals “abjure violence”, how can we develop the area? But I will talk about an area where there is no violence at all. Bilaspur—there is organization Jan Swasthay Sahyog (JSS), highly trained doctors, also have an epidemiologist amongst them. We have surveyed 10,000 people in these villages in Bilaspur—and measured the BMI (Body Mass Index). Index of nutritional status. It is easy to determine accurately. We can do that by getting the weight in kg, divided by squared height in meters. If the Mean BMI in a population is 18.5, it signifies chronic under nutrition in the population.
In Bilaspur villages, the mean BMI is 18.5. If you look at it over the year—in August, September , October and November, when the rice stored from the previous year runs out, the BMI of the entire population takes a dip. It is already low, but it gets precariously low in these 4 months. This is the situation in the state with cheap rice. In Bilaspur, the malaria incidence rises precisely when the BMI takes a dip. The most important reason for acquired immunodeficiency in India is not HIV, but malnutrition. It is because of this nutritionally related AIDS that the incidence of malaria is so high.

Tuberculosis (TB): India has one sixth of the world’s population but one-third of the world’s TB cases. But we don’t have appropriate studies about the relation between malnutrition and TB incidence. One such study is done by JSS. They have surveyed 1000 cases and worked out the BMI and have found that only 5% of these cases have BMI in the bounds of normality. 95% of the TB patients have BMI below 18.5. However, earlier, when the national TB was being designed in 1996, doctors in Chennai did a study of far fewer cases, and concluded that nutritional state need not be a factor in TB, if enough drugs are given.
These people in Bilaspur have a tenuous hold on survival—they have a dip in their BMI each year when their rice runs out. The same people are also facing the ravages of displacement. This comes under the UN’s definition of genocide. Part c: “conditions deliberately afflicted on the group, to bring about a loss of life”.
If there is one group in recent history that has abjured violence, it is the Narmada Bachao Andolan (NBA). In the last few days, we have seen how the Supreme Court has finally pushed home the last nail in the coffin of the non-violent protests of the NBA. If this is the fate of the campaign that has relied on non-violence, how should be retain our political faith in non-violent movements?
Suggestions: There are no easy solutions to offer. We have been all been calling for peace. All of us involved in Human Rights issues, but we can’t have peace that leaves inequity intact. We have to have peace that brings about justice and equity. Unless we can have people who can eat enough food, have access to common property resources, have education, how can we have peace?

(To be continued…)

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