National Meet of Social Justice Lawyers – Lawyers for Change

 

28-30 April, 2012 | NEW DELHI, INDIA

Dear Friends,

Greetings from Centre for Social Justice!
Centre for Social Justice, Ahmedabad, in collaboration with National Dalit Movement for Justice is organizing a three day ‘National Meet of Social Justice Lawyers – Lawyers for Change’ from the 28th-30th of April, 2012 at New Delhi, India. The meet aims at bringing together lawyers from across the country who recognize the importance of safeguarding and extending the rights of the vulnerable, who seek to fight injustice, and those who work to maintain and protect the rights of those who suffer and who look upon the law as an instrument for the protection of rights of peo-ple rather than for their repression.
The event can be attended by lawyers practicing on social issues in the lower courts, High Court and the Supreme Court. Lawyers who want to gain knowledge from first-hand experiences of renowned social activists and human rights advocates may also attend the event. The event is also open to undergraduate and postgraduate students of law.
Please find attached the brochure of the event for more details. Feel free to forward the same to your friends and peers.
Please note that prior registration is compulsory for participating in the meet. For registration, please click on the following link -> http://goo.gl/MoG86
For more information, please send your queries to natmeet.lfc@gmail.com or call +91 99099 63150
Regards,
Satyajeet
Satyajeet Mazumdar
Centre for Social Justice

Mobile: (+91) 99099 63150

 

Why have we banished our own brethren?

On the eve of the moving of the Draft Constitution in 1949, Dr. Ambedkar expressed his insurmountable fear over the existing inequalities in Indian society. He observed:

“On 26th Jan 1950 we are going to enter a life of contradictions. In politics we will have equality and in social and economic life we will have inequality. In politics we will be recognising the principle of one man and one vote, one value. In our social and economic life we shall by reason of our social and economic structure continue to deny the principle of one man, one value.”

Dr. Ambedkar was well aware of the discrimination faced by Dalits due to the institutionalised caste system. He said: “On the social plane, we have an India based on the principles of graded inequality, which means elevation of some and degradation of others. On the economic plane, we have a society in which there are some who have immense wealth as against many who live in abject poverty.”

Dr. Ambedkar’s observations were true, made on the basis of some of his own painful experiences, when way back in 1918 in spite of attaining high educational qualifications he was not allowed to drink water from a pot ‘reserved’ for the high caste professorial staff at Sydenham College of Commerce and Economics in Mumbai. Dr. Ambedkar realised then that education had not succeeded in bringing out the desired attitudinal change in most of the “upper” caste people towards Dalits. “Upper caste” in village or city even with the highest degrees shared the same mindset when issues of Dalits emerged.

Only recently, on 15 February 2012, at Daulatpur village in Haryana’s Uklana region, a Dalit youth had to face the wrath of an upper caste when in a bid to quench his thirst he drank water from a pot located on his premises. Once his caste became known, his hand was chopped off with a sickle. Even though we are living in the 21 century and make claims of having the world’s largest democracy, there is little change in the attitude of the upper caste towards Dalits, literate or illiterate.

Surveys* show that 27.6% of Dalits are still prevented from entering police stations and 25.7% from entering ration shops. Thirty-three per cent of public health workers refuse to visit Dalit homes, and 23.5% of Dalits still do not get letters delivered in their homes. Segregated seating arrangements for Dalits are found in 30.8% of self-help groups and cooperatives, and 29.6% of panchayat offices. In 14.4% of villages, Dalits are not permitted even to enter the panchayat building. In 12% of villages, they are denied access to polling booths or forced to form a separate line.

In 48.4% of villages, Dalits are still denied access to common water sources. In 35.8%, they are denied entry into village shops. They are supposed to wait at some distance from the shop, the shopkeepers keep the goods they bought on the ground, and accept their money similarly without direct contact. In teashops, again in about one-third of the villages, Dalits are denied seating and are required to use separate cups. In as many as 73% of the villages, they are not permitted to enter non-Dalit homes, and in 70% of villages non-Dalits do not eat together with Dalits.

In more than 47% villages, bans operate on wedding processions on public (arrogated to upper caste) roads. In 10 to 20% of villages, Dalits are not allowed even to wear clean, bright or fashionable clothes or sunglasses. They are not allowed to ride their bicycles, unfurl their umbrellas, wear sandals on public roads, smoke or even stand without the head bowed.

Restrictions on temple entry average as high as 64%, ranging from 47% in Uttar Pradesh to 94% in Karnataka. In 48.9% of the surveyed villages, Dalits are barred from access to the cremation grounds.

In 25% of the villages, Dalits are paid lower wages than other workers. They are often subjected to much longer working hours, delayed wages, verbal and even physical abuse, not just in ‘feudal’ States like Bihar but also notably in Punjab. In 37% of the villages, Dalit workers are paid wages from a distance, to avoid physical contact.

In 35% of villages, Dalit producers are still barred from selling their produce in local markets. Instead, they are forced to sell it in the anonymity of distant urban markets where caste identities somewhat blur, imposing additional burdens of costs and time, and reducing their profit margin and competitiveness.

Just because they happen to be born in the “wrong community,” Dalit families are subjected to some of the extreme forms of humiliation and degradation generation after generation. They are treated as worse than animals. So much so, now most of them have internalised discrimination as their fate and they dare not raise voice against their tormentor for fear of punishment. For, they know even if they protest they have no hope of getting justice. That is because a majority of the positions in the government set-up are occupied by the “upper castes.”

And even if with great difficulty a lower caste person tries to make it to those positions, he is kept out through shrewd manipulations. Between 1950 and 2000, 47% of Chief Justices and 40% of judges were of Brahmin origin, according to a parliamentary committee report. In order to continue their monopoly over important positions, upper caste people have fought tooth and nail using all possible means to keep Dalits from even dreaming of aspiring for those positions.

To break the domination of upper castes, it became necessary to introduce affirmative action for and positive discrimination of Dalits, as part of the policy of the government. But implementing positive discrimination has not been an easy task and many seats reserved exclusively for Dalits still remain vacant, again because of the shrewd manipulations of the dominating castes.

In spite of traditions of high educational qualifications, many feign ignorance of the constitutional laws; rather they do not want to understand them because of their vested interests. In spite of glaring atrocities against Dalits, they are reluctant to share with them positions their families have been holding for ages. Complicity of the state makes situation worse, allowing crime against Dalits continue. Equality remains on paper.

Even today, given a chance many still do not hesitate to shift all the blame on the colonial regime for most of the ills existing in Indian society, especially for dividing the country. The British government even today is being accused of making a mockery of civilisation and its principles by its hypocritical actions. But now their place is taken over by our own country brethren, the only difference being ‘hypocritical action’ is directed against their own countrymen.

Some of the “upper castes,” it seems, are bent on leaving behind Britishers when it comes to the issues of oppression. Dalits are targeted most because the perpetrators are aware that they are not empowered. On July 11, 1997, sub-inspector M.Y. Kadam left General Dyer of Jallianwalabagh massacre behind, when he fired shots at his own countrymen and co-religionist Dalit protesters, above the waist, who had gathered in Ramabai colony in Mumbai in protest against desecration of Dr Ambedkar’s statue.

Moral and ethical issues and democratic values get subordinated in the face of corruption perpetuated by the oppressive caste system. There is not even the remotest desire to make democracy more functional. The caste system with graded inequality remains popular amongst those whose privileges are associated with it. For the same reason, the idea of egalitarian society fails to gain currency in their quarters. Lessons like, “United we stand and divided we fall” are hard to learn and even if by mistake they are learnt, they become hard to implement. Caste is meant to divide, not unite. A nation which lost its freedom on that account should be cautious, lest its divisions drive it to a state of subservience to an alien rule again. What ‘hidden pride’ lies in discriminating against and oppressing one’s own countrymen and co-religionists is hard to discern.

* (The details of the surveys have been sourced from the book, Untouchability in Rural India, authored by Ghanshyam Shah, Harsh Mander, Sukhadeo Thorat, Satish Deshpande and Amita Baviskar published by SAGE Publications, New Delhi,2006).

(The writer is Head, Department of History, BBAU, Lucknow, Email ID is: shuradarapuri@ gmail.com)

Teachers sacked for stripping girls in exam hall

Teachers sacked for stripping girls in exam hall

Two women teachers, who allegedly forced two Dalit girls to strip in an examination hall on the suspicion that they were hiding material for copying, have been given notice for termination of service.

The deputy in charge of the examination centre has been served suspension notice.

The incident occurred at the Government Middle School, Barahbada, on March 15 during Class X examinations. The teachers, Preeti Sharma and Reshma Sonia, had allegedly asked the two girls to strip, though male students were also present in the exam hall.

The District Education Officer (DEO) served the termination notice on the two teachers and the suspension notice on the deputy in charge of the centre J.K. Naihar, sources said.

The police have registered a case against the accused charging them with relevant sections of the SC/ST (Prevention of Atrocities) Act.

Villagers face forcible eviction in Assam

Summary of BHRPC fact-finding report into the Patharia land-grabbing case

Forest dwellers deprived of livelihood and facing forcible eviction in Assam[1]

Introduction:

The Barak Human Rights Protection Committee (BHRPC) has learnt that around 300 families of traditional forest dwellers in and around Patharia forest reserve in Karimganj district of the North East Indian state of Assam have forcibly been deprived of their sources of livelihood and now living under severe threat of imminent eviction from their dwelling houses by some businessmen allegedly in connivance with the local politician Minister of state for co-operation and border areas development in the government of Assam Mr Siddeque Ahmed. The accused persons grabbed the land measuring approximately 130 hectares (330 acres) reportedly for rubber plantation in a village where the families of the forest dwellers have been living for generations depending on the forest produces for livelihood. The forest dwellers were asked to leave the areas soon and threatened with murders, rape and jail. The BHRPC is deeply concerned over the situation of the poor forest dwellers.

The BHRPC first learnt about the situation from newspaper reports (See 14 March, 2012 issue of the Dainik Prantojyoti, a Bengali daily newspaper published from Silchar, Assam) on 14 March, 2012 and formed a fact-finding group of 1. Mr. Neharul Ahmed Mazumder, 2. Mr. Sadique Mohammed Laskar, 3. Mr. Nirmal Kumar Das and 4. Mr. Sams Uddin Laskar to study the situation and prepare a report. The team visited the Patharia area on 17 March and met with the forest dwellers and other local people. This preliminary report is based on the findings of the team during the visit.

The area where the situation has developed is known as Satkoragul, Mokkergul and Bhitorgul and falls in the village of Pecharpar under the Patharkandi Police Stattion in the district of Karimganj that has about 100 kilometres long international border with Bangladesh. The village is situated along the border. A part of the village land comes under the Bilbari forest beat of the Patharia reserve forest. It is at a distance of about 30km towards south west from Karimganj town, the administrative headquarters of the district.

Facts on the Ground:

The BHRPC team, even though accompanied by a resident of nearby Patharkandi (name withheld), have been greeted with an eerie silence. Fear and disbelief were visibly writ large in the faces of the people. When the team met a person after entering the village and asked about the situation, another person came out running from a house and told that nothing happened there. With fear and terror-stricken face he told that there was no land grab and threat of eviction. Then the team met a woman resident (name withheld) who took them to her house. The team were aware that many people gathered around her house and were whispering trying to remain unseen and unheard. They suddenly came out looking agitated. They asked if the BHRPC team were ‘people of the minister’. After the team introduced themselves as human rights defenders and explained the purpose of the visit they calmed down and told their story one by one.

The team met around 30 persons of 18 families of the forest dwellers (names withheld). It is learnt from the villagers that they have been living in the area for generations and at the least for more than 75 years using approximately 130 hectares (330 acres) land for both dwelling and livelihood purposes. Almost all of the residents are Bengalis; either Hindus or Muslims by religion. It is very heartening to see that both the communities have been leading a simple and idyllic life in perfect harmony with each other on the one hand and with the nature on the other. Religion does not come in their sense of communitarianism.

According to them, a part of the land held by them for generations comes under the Patharia reserve forest, another part is government khas land (un-allotted government land) and the remaining part is farag land (land once held by the (Zamindars) feudal lords but later given to the tenants under contract). The villagers primarily live on forest produces, farming of cultivable land and cattle rearing. Among the forest produces, they usually only collect dried up and felled branches of trees and sell them as fire woods, which does not affect the forest in any way. In arable land they grow paddy, ginger, turmeric, taro along with growing bamboo and betel nut tress in high land.  They also rear hen, duck, goat, cow and buffalo etc. in the forest land for livelihood support.

According to the villagers, some people started to fell trees in the forest land falling under Pecharpar village in November, 2011. When the villagers inquired why they were felling the trees, they were told that the tree cutters were ‘people of minister’ Siddeque Ahmed and he bought the land from the forest department for rubber plantation. This piece of news shocked and terrified the villagers so much that they could not decide the course of actions for months. The labourers employed for felling the trees were supervised by one Mr Mahibur Rahman (also known as Bolu Mia) of Choudhury Tilla, a person known to be close to the minister and dreaded by the local people, according to the villagers. The villagers also did not have any idea how much land would be grabbed in this way. They kept mum as they were asked.

Meanwhile, the tree cutters continued their work and almost all of the land held by the villagers were cleared within about a month. They felled almost all the big trees and burnt down small trees, vegetables, bushes and grass. This clearing of the land destroyed everything which the villagers live on. They had nothing to eat and feed their cattle. In this situation, some villagers met the minister at his residence in Nilambazar (Karimganj district). He told them that he had already procured title deeds of the land and now he owned it. He also told that if they still had any grievances he would provide them with some relief in terms of money. The villagers returned with empty hand.

However, the BHRPC failed to get a confirmation or denial from the minister of the claim made by the villagers about his direct involvement in the land grab as several efforts to contact him over his mobile number that is available with the BHRPC failed. Though most of the time the phone was found switched off he received one of the calls but did not talk about the matter. Later it was learnt that he told the local news reporters that the land in question was not bought by him. It is a non-government village organization named Asalkandi Gramin Bikash Kendra that took the land from the forest department on lease for rubber plantation and he has nothing to do with the organization, he added. But the organization is yet to confirm or deny the claim of the minister. The name of the organization suggests that it is based in Asalkandi, a village adjacent to Pecharpar.

After failure at the door of the minister, when the villagers tried to organize themselves to protest against the illegal land grab and illegal felling of trees, some people who identified themselves as persons working for the minister including Mr Bolu Mia, Mr. Abdul Hannan of Raghurtuk and Mr Manik told the villagers that it would not serve anything to try to fight against the minister. According to them, the minister is a powerful person and in case of opposition to him the villagers would have to face dire consequences including facing serious police cases, serving jail terms for long period and other dangers. They further asked the villagers to stop construction of any houses and leave the place as soon as possible, the BHRPC team was informed by the villagers.

One villager (name withheld) stated that he was residing in Pecharpar since he was born and his father told that he had also been born there. He had approximately 1.60 acres of land including his house. He used to grow betel nut, fruit trees and vegetables including taro and ginger etc. in the land, which were all cut down and taken away and which could not be taken away were burnt down. He was left with no source of livelihood and he was worried how to feed his family of 12 members (6 children, 3 adult female and 3 adult male). More worryingly, he has no place to live with the family if he is forced to leave the village.

When the BHRPC team met a woman resident of the village (name withheld) she broke down with emotion and wiping her tears told that she was worried about the personal security of her daughter (name and other details withheld) and female member of her family.  She told that when the people who were cutting the trees and clearing the land did not respond to her protest as she was old she sent her daughter. They abused her daughter and threatened that they would abduct, rape and kill her and other female members of her family. The woman also told that she had about 2 hectares of land including her house. The trees and vegetables that she had grown in the land were cut down and burnt down. She had now nothing to support her family of 7 persons

Another resident of Satkoragul (name withheld) told that he held nearly 4 hectares of land under farag contract. This land was also cleared out. He used to grow bamboos in high land and paddy in low land and vegetables and fruit trees in other parts. According to him, he and his family of 12 persons were leading a happy and very contented life. But, now he even lost words to express his anxiety and worries. He had nothing to provide for the family and nowhere to go in case of forcible eviction.

All other residents talked with by the BHRPC team told more less the same story. They held land ranging from half a hectare to 3 hectares per family, which has now been grabbed by the minister and his people. The villagers have nothing to eat and nowhere to go in case of eviction. If the situation continues they may have to live under conditions of starvation and may also be subjected to forcible displacement.

Some villagers (names withheld) accompanied the BHRPC team and showed the land, logs and roots of felled trees and ashes of the burnt out vegetables, bushes and grass. He uttered some chilling words as an aside. He said that he did not accompany any politicians from the opposition who came to inspect the area for fear of life, but he was accompanying the BHRPC team as they were human rights defenders. He did not know what would happen to him after the BHRPC team leaves.

On the other hand, it is reported that after one opposition politician issued a statement demanding resignation of the minister inquiries were initiated by the forest department. However, it is said that the forest department officials who visited the village were some times accompanied by ‘the people of the minister’. Therefore, the villagers have questioned the impartiality and objectivity of the officials. It is also learnt that a case was filed at the Patahrkandi police station against some unknown persons by ranger of Patharkandi forest range for illegal felling of trees in the land of forest reserve. According to the villagers, this is a move by the department to subvert the process of law as the accused have not been named and there is none who would dare to name them. It is further learnt that the District Magistrate (Deputy Commissioner) of Karimganj has also ordered a magisterial inquiry into the felling of trees and land grabbing. But the villagers are of the opinion that an executive magistrate who works under the minister can not conduct an impartial and objective inquiry against the minister and his people.

In the meantime, destruction of forest and other land produces continue as well as the ominous threat of displacement keeps coming nearer to an infernal reality. And it is clearly written in the wrinkles that are getting deeper in the faces of the hapless villagers.

Legal Comments:

As revealed by the facts stated by the villagers it is prima facie a case of diversion of forest land for non-forest commercial purpose of rubber plantation as well as a case of criminal trespass and taking illegal possession of land held by both the department of environment and forest in Patharia reserve forest and the villagers of Pecharpar under titles of farag and uninterrupted possession for generations that are good against the whole world violating the community rights of protection of environment and ecological balance and individual right to lead a life with dignity.

Aforestation for diversion of forest land for non forest activities without prior permission of the central government of India is a clear violation of the provisions and purpose of the Forest Conservation Act, 1980 as interpreted and applied by the Supreme Court of India in orders passed from time to time in T N Godavarman Thirumuilpad Vs Union of India and Others (WP (C) No 202 of 1995). The court directed the authorities in order dated 12-5-2001 in the case that “(f)elling of trees from forests shall be only in accordance with working plans/schemes or felling schemes approved by Ministry of Environment & Forests as per this Court’s Order dated 15.01.1998. ………….. . Court’s order dated 12.12.1996. (states) while implementing the working plans/schemes approved by the Central Government, State Government, or the concerned authority, as the case may be, shall ensure that no felling is done unless and until sufficient financial provisions exist for regeneration of such areas as per this Court’s directions dated 22.9.2000.”  The alleged land-grabbers have shown gross contempt of the highest court of the land by blatant violation of its clear direction since it is obvious that they did not feel it necessary to seek permission from anybody. Their reported claim of taking the land from the forest department on lease is a falsehood calculated to mislead the public.

 More importantly the people who have been living in and holding the forest land for generations are “other traditional forest dwellers” within the meaning of clause (o) of section 2 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (known as Forest Rights Act– FRA). They are entitled to all the rights enumerated in sub-section (1) of section 3 of the FRA namely: “(a) right to hold and live in the forest land under the individual or common occupation for habitation or for self-cultivation for livelihood by a member or members of a forest dwelling Scheduled Tribe or other traditional forest dwellers;

(b) community rights such as nistar, by whatever name called, including those used in erstwhile Princely States, Zamindari or such intermediary regimes;

(c) right of ownership, access to collect, use, and dispose of minor forest produce which has been traditionally collected within or outside village boundaries;

(d) other community rights of uses or entitlements such as fish and other products of water bodies, grazing (both settled or transhumant) and traditional seasonal resource access of nomadic or pastoralist communities;

(e) rights including community tenures of habitat and habitation for primitive tribal groups and pre-agricultural communities;

(f) rights in or over disputed lands under any nomenclature in any State where claims are disputed;

(g) rights for conversion of Pattas or leases or grants issued by any local authority or any State Government on forest lands to titles;

(h) rights of settlement and conversion of all forest villages, old habitation, unsurveyed villages and other villages in forests, whether recorded, notified or not into revenue villages;

(i) right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use;

 

(j) rights which are recognised under any State law or laws of any Autonomous District Council or Autonomous Regional Council or which are accepted as rights of tribals under any traditional or customary law of the concerned tribes of any State;

(k) right of access to biodiversity and community right to intellectual property and traditional knowledge related to biodiversity and cultural diversity;

(l) any other traditional right customarily enjoyed by the forest dwelling Scheduled Tribes or other traditional forest dwellers, as the case may be, which are not mentioned in clauses (a) to (k) but excluding the traditional right of hunting or trapping or extracting a part of the body of any species of wild animal;

(m) right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement to rehabilitation prior to the 13th day of December, 2005.

The fact that these statutory rights of the villagers have not yet been formally recognized shows disrespect of the government to the law duly passed by the parliament.

Some of the land held by the villagers is khas land (unsettled government land) and falls within the domain of the state land and revenue department. This land is possessed by the villagers uninterrupted for generations and as per the government policy the land should have been settled in the names of the possessors decades ago as they were otherwise landless. It is also a case of the government apathy towards implementation of its own policy.

The other part of the land held by the villagers is locally known as farag land. In the Birtish colonial period feudal land lords (locally known as Zamindars) used to temporarily transfer the right to possession and user of some land to their subjects (known as Rayats) under certain conditions including payment of revenues. The land that has been transferred under this system is called farag land. In independent India after abolition of Zamindari system the contract of farag gives the land holder a legal title that is good against the whole world. The acts of entering this part of the villagers’ land and destruction of vegetables and other crops by the alleged land-grabbers coupled with threat of murder, rape and filing of false cases constitute serious offences such as criminal trespass, mischief causing damage to property and mischief with preparation for causing death or hurt punishable under sections 447, 427 and 440 respectively of the Indian Penal Code, 1860.

These violations of laws, commitment of crimes resulting in deprivation of livelihood and dispossession of legitimately held properties coupled with threat of forcible eviction from their houses and the village with the support of the minister constitute gross violations of the rights of the villagers to equality and to lead a life with human dignity under the condition of adequate standard of living as enshrined in Articles 14 and 21 of the Constitution of India. In the case of UP Avas Evam Vikas Parishad Vs. Friends Coop. Housing Society Ltd [(1996) AIR 114 1995 SCC] the Supreme Court observed that ‘the right to shelter is a fundamental right, which springs from the right to residence under Article 19 (1) (e) and the right to life under Article 21.’ 

The Supreme Court has also defended the right to livelihood and pronounced it as inviolable from the right to shelter. This was established in the case Olga Tellis Vs. Bombay Municipal Corporation: ‘Eviction of the petitioners from their dwellings would result in the deprivation of their livelihood. Article 21 includes livelihood and so if the deprivation of livelihood were not affected by reasonable procedure established by law, the same would be violative of Article 2. … … The right under Article 21 is the right to livelihood because no person can live without the means of living, i.e. the means of livelihood. If the right to livelihood were not to be recognized as part of the constitutional right to life, the easiest way of depriving a person of his right to life would be to deprive him of his mens of livelihood to the point of abrogation. … . There is thus a close nexus between life and means of livelihood. And as such that which alone makes it possible to live, leave aside what makes life liveable, must be deemed to be an integral component of the right to life.’

It is also a case of violations of rights to life with dignity under adequate standard of living set out in international human rights norms including Article 25.1 of the Universal Declaration of Human Rights, 1948 (UDHR) and a number of legally binding international instruments to which India is a state party such as the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR), the International Covenant on Civil and Political Rights, 1966 (ICCPR), the United Nations Convention on the Rights of Child, 1989 (CRC), the UN Convention on the Elimination of All Forms of Discrimination Against Women, 1979 (CEDAW) and the UN Convention on the Elimination of All Forms Racial Discrimination, 1965 (CERD) and others.[2]

Recommendations:

Under the circumstances, the BHRPC recommends to the authorities of the central government in New Delhi and of the state government in Dispur, Assam:

  1. To take urgent actions to stop immediately felling of trees and destruction of vegetables and other crops grown by the villagers;
  1. To take urgent actions to restore immediately possession of the land to the villagers;

  1. To provide the villagers with adequate monetary compensation for loss of property and mental agony caused by destruction of forest and vegetables and corps grown by them, dispossession of land and threat of imminent danger to life and limb;
  1. To provide adequate security to the victims and witnesses;
  1. To conduct promptly a fair and objective inquiry by the Central Bureau of Investigation particularly into the alleged crimes and involvement of the minister therein;
  1. To recognize immediately the rights of the traditional forest dwellers under the FRA, 2006 of the villagers who have been living there for generations;
  1. To settle the khas land that are possessed by the villagers uninterruptedly for generations and who are otherwise landless in their names as per government policy; and

To take all other actions and measures necessary to ensure full enjoyment of the rights to life with dignity under adequate standard of living by the villagers

Shankar Bidari worse than Saddam Hussain, Gaddafi: Karnataka HC

ZCZC PRI GEN NAT.BANGALOR MDS6 HC-BIDARI Bangalore,Mar 30 (PTI):

In a scathing verdict,Karnataka High court on Friday struck down appointment of Shankar Bidari as state DGP and IG, describing him as worse than Saddam Hussain or Muammar Gaddafi for alleged atrocities committed by the STF led by him during the hunt to nab forest brigand Veerappan.

Dismissing as without merit and substance, petitions by the government and Bidari, challenging the CAT order, the division bench headed by Justice N Kumar held his empanelment by UPSC and consequent appointment as void and illegal.

Upholding the verdict of Central Administrative Tribunal the court said “in the facts of the case, we cannot find any infirmity in the said decision. It is just.

It struck down Bidari’s contentions “absolving himself of the responsibility” of atrocities by stating he was only Deputy Commander of the Joint Task Force of Karnataka and Tamil Nadu to nab Veerappan and not “omnipresent and omnipotent like Saddam Hussain or Muammar Gaddafi.”

“Though he was not one of them, if what the two women (tribals) have said in their affidavit is true, he is worse than them” (Saddam Hussain and Muamar Gadaffi),the court said in its acerbic observations.

The court directed the government should relieve Bidari forthwith and appoint AR Infant in his place. Otherwise they are answerable to the public of the state.

The court dismissed the memo filed by the government seeking a one week stay of the order. It observed “if the state government has any respect for the rule of law, womanhood, human rights, concern for the downtrodden, tribals, and socially backward communities of the state, they should relieve the third respondent (Bidari) forthwith and appoint the applicant (A R Infant) in that place.”

On March 16, CAT had set aside Bidari’s appointment as DGP and IG and ruled that Infant should be appointed ad hoc police chief till the government decides on the new appointment.

CAT said government should prepare a fresh list of senior IPS officers and send it to UPSC, which would suggest three names for the top post.

On the court verdict, Infant told PTI “I am lucky that my case was tried by judges with great conviction, both at CAT and High Court. I admire their courage of conviction.”

Observing that Chief Minister should have used his discretion while exercising his absolute power in selecting Bidari for the post, the court stated “But such discretionary power must be exercised with great caution…..the Chief Minister before exercising his power did not see the police records.”

Quoting extracts from the National Human Rights Commission report, which was not placed before the Union Public Service Commission before empanelment as it was not considered relevant, the court stated that NHRC concluded that one woman was a victim of rape and repeated torture, three women were subjected electric currents through different parts of their body, seven subjected to illegal detention and assault, three suffered permanent disability, 11 stripped naked and given electric shocks, 12 unlawfully detained, one was taken into custody but never returned and 60 were killed in encounters out of 36 were killed in false encounters.

Referring to the affidavits filed by tribal women Erammal and Nagi before an NGO which was produced before the court and indicted Bidari, the court stated “Erammal was taken to Dimbam police camp, beaten with a lathi as a result of which she lost sight in her right eye, She was then taken Mahadeshwara camp where she was stripped naked, beaten and given electric shocks in different parts of her body in front of Bidari.”

The court then cited the instance of Nagi who taken to the MM Hills camp, was blindfolded and interrogated by Bidari who passed currents through different parts of her body and then she was gang raped.

The court observed that though the then governments accepted the recommendations of the NHRC accorded compensation to the victims and then DG and IG (Achutha Rao) promised to initiate action against the perpetrators, no action was initiated. Probably they (the then CMs) lacked the political will and courage to direct action against these acts.

Taking a swipe at the present day politics, the court observed “people who are in opposition party preach values, criticise the acts of the ruling party. Gullible public believe them and they are voted to power, but when they come to power they realise it is very difficult to practice what they preach and when they are seated in super power (ruling party) all these values evaporate. They succumb to corruption. Power corrupts, absolute power corrupts absolutely.”

Therefore it is immaterial, the court observed which party comes to power, what ideology they believe in, what principles they preach. Once they come to power, they become the ruling party. This is the democracy which is in practice.

It appears that the present day state government and Bidari after occupying the present position seems to have forgotten was was said 15 years back, the court observed. “By characterising this report as “one without jurisdiction, giving the impression that it was not a document of any importance…..government of the day and Bidari are afraid of truth we are convinced that the report of the Sadashiv Panel, NHRC was deliberately kept back,” the court observed.

NOTES FROM THE PRESIDENT OF PUCL, KARNATAKA:

With this decision the High Court of Karnataka’s prestige is sky rocketed. All Human Rights Activists are grateful to the High Court and thank the judges concerned for their fair and just judgement. Probably even under pressure from some politicians. This gives us hope that there are good men in the judiciary, who will uphold the name and fame of judiciary. Let this judgement be an eye-opener to many other judges who have given such controversial decision that people like Yediyurappa and some others are out of jail, while  they should have been behind the bars. We feel that this country has hope and We firmly believe that corruption can be controlled and Human Rights and Civil Liberties of poor people protected.

P.B. D’Sa