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State Level Consultation on Human Rights & Law

Report 2012

14th and 15th July, 2012, Ranchi

Organized

by

Human Rights Law Network

&

Khalra Centre for Human Rights Defenders

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State Level

Consultation

on

Human Rights and Law

Organized

by

Human Rights Law Network

Coalition for Protection of Human Rights Defenders

Rights Defenders

Compiled & Edited

By

Meha Dixit

(With inputs from Nihalsing Rathod)

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Introduction

The workshop on Human Rights and Law was held at Ranchi, Jharkhand on 14th and 15th July 2012. It dealt with a range of human rights issues in Jharkhand such as police/security forces brutality, essential services in conflict zones (food, health, schools and so on), atrocities on dalits, conditions of prisoners, Forest Rights Act and related issues, displacement, human rights defenders, communalism, and struggles of the urban poor: slums and hawkers in the state.

Mahtab Alam, HRLN Delhi

Mr. Mahatab Alam who moderated the workshop pointed out that the motive behind the Ranchi workshop was twofold. First, to build a network of human rights activists and lawyers in the state of Jharkhand to practically deal with issues such as police atrocities, displacement, food security and so on. Second, to document and focus on the state and police attack on human rights defenders who are raising their voice against illegal mining, police atrocities and other human rights violations in

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the state. These human rights defenders include lawyers, journalists, women’s rights activists, and those fighting against displacement and other issues. Towards the end of the session, the participants were requested to share their ideas and suggestions on how can we strengthen the network and effectively fight against human rights violations in Jharkhand through law.

Participants, Human Rights and Law Workshop, Ranchi

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Speakers

Day 1: 14th July 2012

Session 1: Police Atrocities

K N Pandit, Visthapan Virodhi Sangharsh Samiti, Jharkhand

Mr.Pandit pointed out, even though British have left, yet the atrocities on people

have intensified. Tribals comprised around 50 percent of the population of the state,

however, now they are increasingly migrating to other places. And if this trend

continues due to infiltration of corporates, then very few tribals would remain in the

state. He continued, after the state of Jharkhand was formed, development did take

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place but in atrocities and injustice. As people are opposing corporate development,

the government is trying to suppress them. He further noted, “For no rhyme or

reason, one person was shot dead in his house. One girl was gang raped. Another 12

year old girl was raped by the CRPF. Two school children were killed by the CRPF.

One deaf and mute person was questioned by the CRPF. He was unable to respond

to the queries, hence was shot dead at point blank range”. Mr. Pandit

asserted, the police is terrorizing farmers so they give up their lands without any

opposition.

Shashi Bhushan Pathak, Ex General Secretary PUCL Jharkhand & human rights

defender

Mr. S. B. Pathak argued, currently there are three types of movements in Jharkhand.

One is Maoist, which is getting attention of both the government and the public.

Second is nationalist, and the third is for forest rights. Every movement is being

labelled as Maoist and is thus being suppressed by the government. The state has

been experiencing structural violence. He reasoned that if violence has a direction

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and if it is being used by the public after all other options are exhausted then it

would not amount to cruelty. Mr. Pathak further argued, the new land acquisition

act which doesn’t give any importance to local governance is flawed.

Mr Pathak then spoke of Jiten Marandi arguing that he is innocent. Despite, ample

evidence to prove his innocence he was awarded capital punishment, however, he

was granted bail by the High Court. But later he was again sent to the prison. Mr.

Pathak argued, Jiten is basically a folk singer who never resorted to violence.

Further, William’s brother Lucas was killed by police personnel and Kundan

Pahan’s wife was kidnapped by the police one and half year back.

Mr. Pathak went on to argue that the situation in Jharkhand is not really different

from Kashmir and according to reports 300 people have been kidnapped by the

police. He pointed out that the government issued 2 circulars declaring that Maoists

visit his house. And another was issued against a number of other dignatories who

were declared Maoists since they participated in a fact finding committee.

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Gopinath Ghosh, Social activist, JOHAR

Mr. Gopinath Ghosh pointed to the diminished population of tribals in the state. He

also argued that Jharkhand is dependent on other states for food supply. When

Jharkhand was formed, Maoists’ presence was confined to one or two districts,

however, according to police records they have now extended their presence across

the state. He also talked about the police excesses in the state and narrated incidents

of a few people who were arrested for being “Maoists”. In one case a lady was

arrested only because she was clad in a red sari. He pointed out, reportedly 6000

tribals are in prisons. He conveyed his plans to set up a network in the state which

would focus on bringing these people out of prisons.

He further argued that Sister Valsa John was killed by Maoists and the latter did

admit to it. Then Niyamat Ansari, a human rights defender was also killed by

Maoists. He concluded by arguing for the protection and security of human rights

defenders.

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Gladson Dung Dung, Human rights activist, Jharkhand Human Rights Movement

Mr Gladson Dung Dung spoke of fake encounters in Jharkhand. Most people who

were killed in these encounters were labelled as Maoists even though they were

innocent. He asserted, not only is he saying this but even the government of

Jharkhand, state police, opposition parties and a number of fact finding committees

have said the same. Despite these findings, he said, he would like to put forward his

thoughts on what exactly is happening in the state. He spoke about Mangal case in

Saranda. On 19th June, the CRPF asked around 12 people in the area to help with

anti-naxal operation and they were also made to carry load for 2 days. Then on the

30th of the same month Mangal was shot dead on the suspicion of fleeing.

He pointed out that they raised this issue and subsequently investigation was

carried out. When it was established in front of the magistrate that it was a fake

encounter then the issue came up before the IG. IG also argued that this is a fake

encounter and henceforth inquiry is required. Then CID investigated the matter. CID

recommended that under section 302, a case should be filed. However, till date no

FIR has been filed. Second case is the 2009 case where 5 tribals were killed by the

police on the suspicion of being Maoists. When the inquiry was done it became clear

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that the tribals were not Maoists and they were innocent. However, after bribing the

members the case was wound up. Therefore, perpetrators were not brought to

justice, Mr Dung Dung argued.

He further pointed out, as far as human rights defenders are concerned, they are

being treated as anti-national especially when they speak against displacement and

police atrocities. He concluded by saying that today the reason why naxalism is

rapidly spreading is injustice and atrocities on the people.

William Minj (right), Victim of police atrocities

Mr. Minj narrated an extremely poignant incident of his younger brother Lucas’s

death at the hands of the CRPF. He said Lucas was deaf and mute since birth. In

Khanderia, the police had sealed the entire area. On 31st January 2012 Lucas had

gone out for cattle grazing. Around the same time, the police had entered the area

for conducting combing operation. Lucas went missing for a number of days.

Finally, his body was discovered by fishermen in the river. Mr. William continued,

on 7th January when the inspection was done, it came to light that Lucas was made

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to run first and then shot at from a distance of 150 metres. Villagers were

apprehensive of filing any complaint against the police.

He pointed out, with help from activists an FIR was filed on 12th February which

was registered against unknown accused. Gradually, the issue started gaining

strength. In the meantime, some people beat him up and took him inside the forest.

They accused him of spying for the Maoists. Those people said that he will be made

to wear Maoist clothes and be killed by the police officers. Then he was detained and

tortured the entire night. He was released only after his wife called some people for

help. Another brother of his was also beaten up by the police and is left paralyzed.

The police allege that Maoists killed Lucas, however, no Maoists were present in the

village when Lucas was killed, argued Mr. Minj.

Suggestions and Comments:

1. Land acquisition is important for development; however, there is a need to pay

attention to the illegal acquisition of dalits’ land. Further, we need to help labourers

who are migrating to other states for want of job.

2. Through the proposed network of activists and lawyers, we must provide

assistance to the families of human rights defenders since the latter are exposed to

police brutality and arrests.

3. When the state of Jharkhand was constituted, special provisions were proposed

for SC and ST students in which 5 crore were to be spent. This was implemented in

the beginning, however, now we do not see it happening.

4. Jharkhand is a scheduled state and there is a need to spread awareness about the

fifth schedule among people.

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Session 2: Essential services in conflict zone

Dr. Ramesh Saran, Professor, Economics, Ranchi University

Dr. Saran focused on the right to food. He pointed out that a number of orders were

passed by the Supreme Court. The Court recognised the right to food as a

fundamental right. Unfortunately, the SC orders are not being implemented.

According to the SC order ration shops were to remain open all the time, however,

this doesn’t happen. He argued, the government was supposed to issue cards to

everyone; however, 40% of the population is still awaiting its implementation. Even

though mid-day meal scheme is being implemented, however, there is no political

ownership in the state. There is no political and bureaucratic commitment. He

further pointed out that malnutrition is a huge problem and maternal mortality is

the highest in the state. Moreover, there aren’t weight machines to monitor the

growth of children.

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He asserted, there is no sensitivity in the government regarding malnutrition and

senior citizens. Even though SC has directed that pension be issued by 7th of every

month, however, this is not being done in Jharkhand. Dr. Saran also pointed out that

hybrid seeds are causing loss and invisible displacement. And the water from

Jharkhand is going from the dams to corporations.

Sunil Minj (right), President, Jharkhand Human Rights Movements

Mr. Sunil Minj shared his experience of Saranda where he witnessed precarious food

situation. There is an absolute lack of food security and other essential services. He

noted, wherever more than five kg of rice was found in villages it was taken away by

the security forces. This was because of the suspicion that the rice is for Maoists and

big vessels and livestock were also taken away.

He pointed out that after 60 years of independence Rs. 250 crore were being

allocated to build roads. These roads are being built to extract wood and minerals

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from the forests. He further asserted that development does not mean infiltration of

industry, but it means access to basic needs where people don’t die of hunger or

disease. He asserted, development which benefits only 20 percent of the population

is useless.

Jerome Kujur (right), CREJ, Jharkhand

Mr Kujur focused on the right to education. He pointed out that the quality of

education in government schools prior to 1960 was good; in fact, it was much better

that what it is today. After 1960, the quality of education in the government schools

deteriorated. After the Right to Education Act came into being, it was declared that it

will be implemented in Jharkhand too. However, that remained a mere declaration.

The RTE is continuously being violated in the state. He further noted, security forces

were sent to the schools and then Maoists blew up the schools. Children’s rights and

the RTE act are continuously being violated. He asserted that the government does

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not have a political will to provide quality education to its children. Books are not

made available to children on time. He concluded by saying that till the time

education does not become a political agenda, we cannot give a better future to this

country.

Samit Carr, General Secretary OSHAJ

Mr. Carr spoke on public health in the state. He argued that it is imperative to

establish the link between human rights and public health. He highlighted the issue

of occupational disease in the state. In Jharkhand, stone crashing, mining, and

mineral processing are rampant. However, prescription is not given to the patients.

He said, the case of someone being killed in a fake encounter is visible, however, the

disease contracted by labourers while working in factories is invisible and incurable.

In Jharkhand, he pointed out, they registered an RTI to get information on how

many occupational disease detection centres are there in the state? Surprisingly, in

Jharkhand government hospitals, there is no designated occupational disease

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detection centre. This is the situation in a state where mining and mineral processing

are rampant which often result in respiratory diseases in the factory workers. In one

factory, within the span of 7-8 years, 32 people died of respiratory diseases, most of

whom were tribals.

Further, according to a recent report by International Monetary Fund, each year

70000 people die as a result of coal dust pollution. Unfortunately, there is no

treatment available for these respiratory diseases because there is no policy. Mr Carr

further pointed out that the issue of occupational diseases is being ignored. He said

they gave a project proposal to the government for detection of occupational disease

whose budget was for 1.5 crore. However, only five lakhs were sanctioned, most of

which were spent on workshops.

Colin Gonsalves, Founder, HRLN

Mr. Colin Gonsalves argued, the motive of the workshop is to create a network of

lawyers and activists in conflict areas including Jharkhand. So far there has been

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weak intervention in Jharkhand. He said, we have been able to take up only a few

cases in the state. The situation in Jharkhand is as critical as Kashmir and

Chhattisgarh.

He further argued, we need to persistently raise issues concerning poor people so

that they become part of the national discourse. We as lawyers must remember our

constitutional duties. He appealed to young lawyers to come forward to work with

him and others who would be associated with the network.

He cited an incident where an encounter took place between the Cobra battalion and

Maoists. This incident claimed lives on both sides. Out of vengeance the Cobra

battalion targeted a village and killed four to five people, and attacked a woman on

her chest with an axe. Such cases keep pending before the High Court for years.

However, Mr Gonsalves also pointed to Soni Sori torture case in Chhattisgarh which

went directly to the Supreme Court and was heard.

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Session 3: Atrocities on dalits in Jharkhand

Ganesh Ravi, Director, Amedkar Samajik Trust, Palamau

Mr. Ganesh Ravi pointed out, dalits are suffering the most in Jharkhand even more

than Adivasis. 13% of the population of Jharkhand is dalit. They played an

important role in the formation of the Jharkhand state. It was believed that after

Jharkhand is formed, there would be improvement in the condition of dalits,

however, this did not happen.

He further argued, around 3 years back, under RTI they sought information on

SC/ST Prevention of Atrocity Act to see as to how useful has it been for dalits and

whether it is being successfully implemented in Jharkhand. Unfortunately, the cases

from 22 districts revealed an extremely murky situation for dalits in the state. Mr

Ravi considered filing a PIL in the High Court, however, this did not happen. In

Jharkhand, there are a number of schemes for dalits, however, they are merely on

paper. There is hardly any implementation of such schemes. As far as starvation

deaths in Palamau are concerned, most of those who die are dalits.

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He asserted, dalits are majorly suffering on two fronts - social and governmental.

Further, he continued, the Right to Education Act has been implemented in the

entire country including Jharkhand, however, dalits are quite behind in the field of

education. He gave the example of Palamau where the situation of dalits as regards

education is quite gloomy.

Shankar Das (right), Dalit Vikas Parishad, Deoghar

Mr. Das argued, dalits are still facing discrimination at various levels. In Jharkhand,

the discourse is limited to Adivasis. Unfortunately, the rights of dalits are being

neglected. Areas where dalits are discriminated against include anganwadis, food,

and health centers. One major area of dalit discrimination is nutrition. As far as mid

day meals are concerned, the quality of food is extremely bad. Sometimes lizards

and insects are found in the food. Most children who avail of this scheme are from

poor families. Further, Special Component Plan is not being implemented instead its

funds are being utilised for other development work. He asserted, even after playing

pivotal role in the formation of the state, dalits are still facing atrocities at the hands

of the government. He continued, we need to focus on the issue of dalit rights in

Jharkhand.

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Lalan Kumar, (second from right) Ambedkar Vichar Manch, Ranchi

Mr. Kumar highlighted a number of issues confronting dalits in Jharkhand. He

pointed out, most dalits in Jharkhand are landless. The plight of dalit women is even

worse than the dalit men. Dalit women are not allowed to take water from the wells.

There is no special scheme for education of girls in the state. He argued, women are

the backbone of our society and unless they are provided with better education, the

dream of a better society cannot be realised. He further spoke on the importance of

school reforms.

Mr. Kumar continued, through the proposed network of lawyers and activists,

something should be done to look into the plight of dalits in Jharkhand and we need

to work towards improving their condition. He concluded by saying that dalits

should come together and put forward their demands.

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Pramila Mehra, Member, Zila Parishad, Giridih

Ms. Pramila Mehra, like all the other speakers on the issue of dalits, argued that till

today dalits are facing discrimination. She pointed out, the situation of women is

definitely disgraceful but within that too dalit women are the worst affected. They

are still unable to raise their voice against discrimination and atrocities. She spoke on

the deplorable state of education in the state for girls and maintained that the

situation for dalit girls is even worse. In grameen shetra most students are dalits since

those who are slightly well off usually send their children to other areas for better

education. The teachers in the grameen shetra are also not that responsible and often

do not pay attention to the education of children.

Ms. Pramila went on to argue that the government is making empty promises of

better education for children especially those in the rural areas. The government

talks about equality for all to bring about development. There are a number of

schemes and policies for education, however, steps need to be taken to implement

them effectively.

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Session 4: Condition of prisoners in Jharkhand

Damodar Turi, Visthapan Viroghi Jan Sangharsh Samiti

Mr. Turi shared his jail experience. He pointed out, prisoners are tied and kept. There is no proper food. Prisoners are given one tablet for every kind of disease. Those who speak against the officials are not allowed to interact with outsiders. Atrocities are carried out against the prisoners and there are more prisoners in the jails than the space permits.

Mr. Turi further pointed out, police officials warned him not to start a revolution or movement in the jail. He spent a long time in the prison. Superintendent of the prison creates friction among the prisoners in a way that they can never unite. The quality of food is extremely bad. Even if a patient is serious he is required to stand in queue to get medical treatment. He continued, relatives of the prisoners are not allowed to visit them. Some prisoners are in prison for over 20-25 years. Drug smuggling takes place in the jail. Narcotic drugs are sold openly.

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Sushil Das, Advocate, Giridih

Mr. Sushil Das pointed out, he has spent three months in prison for holding

agitation. In prisons, prisoners are engaged in different kinds of jobs. New prisoners

are made to clean toilets. If one refuses then he or she is made to pay between Rs.

500-1000. If you ask for a bed then you are required to pay Rs. 5000-10000. He

continued that there are a number of other problems which cannot be discussed

openly. Women prisoners face all types of exploitation at the hands of police officers.

Large numbers of prisoners are dalits and muslims. And they face atrocities at the

hands of police officers and fellow prisoners. There is a concept of “Paglighanti”

which means if any of the prisoners fight amongst each other then this bell is rung

after which all the prisoners are beaten up brutally. He appealed to HRLN to look

into the matter of prisoners and work a way out for them.

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B. B. Singh, Retd District judge

Mr. B. B. Singh spoke on the issue of overcrowding in Jharkhand jails. He said the

cause for overcrowding is that bail is not granted and lawyers do not file bail

application during remand period. He further compared Uttar Pradesh’s judiciary

with Jharkhand’s arguing that the judiciary in the former is better than in Jharkhand.

He argued that overcrowding does not imply that crimes have risen in the state but

it is because magistrates are apprehensive of granting bail to the prisoners. He

retorted, the judiciary in Jharkhand is incompetent.

He further spoke on the issue of legal aid. He agreed that currently there is

insufficient legal aid. However, in the near future, at least in the state of Jharkhand,

complete legal aid would be made available, argued Mr. Singh. If the secretary of the

legal aid cell is efficient then all those who seek legal aid will receive it instantly. Mr.

Singh pointed out, in Jharkhand, section 167 of CRPC is where most violations take

place through the judiciary and the police. Under this provision the police is

supposed to enquire and hand over the report to the magistrate within 24 hours, and

if to the satisfaction of the judge there is prima facie case against the accused

otherwise no such remand shall be granted. He concluded by saying that to improve

the situation in the state we will have to fight a second war of freedom. We need to

intensify our struggle.

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Colin Gonsalves, Founder, HRLN

Mr Gonsalves focused on the prisoners’ rights. He pointed out, the motive behind

this meeting is to do something concrete. In every district there should be one legal

aid centre. Lakhs of people including tribals and poor are languishing in Jharkhand

prisons. Through the network, we must try to get these people out of prisons, he

said. In one PIL filed in Mumbai around 500 people were released on bail.

Now 436 A has been incorporated in CRPC which states:

1. If an under trial prisoner has undergone half the sentence of the maximum

period of imprisonment specified under the law then the under trial prisoner

should be released by the Court on his personal bond with or without surety.

2. If the under trial has been detained for inquiry or investigation for more than

the maximum period prescribed as punishment then he has to be released.

However, this provision is not being followed. He further pointed out, Sushil Das

has shared his unpleasant experience of the prison. He was in jail for three months.

Such conditions are prevalent in all the jails of Jharkhand. Mr. Gonsalves said

judiciary is inactive in the entire country. It is futile to merely discuss or talk about

the problems. He asserted, we need to find a way to solve these problems. We need

to create a district level network in Jharkhand. He further noted, we will handle the

cases free of charge for the innocent people in the state against whom there is no

evidence. He argued, attitude in the Supreme Court is undergoing change and now

bail is likely to become liberal. Through PILs thousands of people need to be

released from jails. Jharkhand is among the worst state for conditions of prisoners.

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Networking Session

Ahmed Raza, HRLN Jharkhand

Mr. Ahmed Raza invited suggestions from the participants regarding the formation

of the network across the state, particularly on how to work in a conflict zone. He

said, HRLN would like to commit itself to providing free services of a lawyer to take

a case till the Supreme Court. He requested the participants to form a fact finding

committee wherever they hear about human rights violations and then visit the

place and send him the report. He said, then we will approach the High Court.

Suggestions:

1. We should collect information on the number of tribals and dalits languishing in

prisons. Also we should find out for how long have they been in prisons. Then we

could start the cases in the district court which can be further refereed to the High

Court and the Supreme Court.

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2. First of all we should try to create a committee in our districts and all the villages.

As regards prisoners’ rights, we should visit prisons. In the cases of tribals where

trial is being discontinued, we should keep track of that case. There should be

documentation of such cases.

3. We need to bring awareness among the people that HRLN is willing to provide

free legal aid.

4. If we form a group to visit the prison, then we could easily get the data of innocent

prisoners so that we can immediately seek bail for them.

5. If we receive some monitory help from the organization then that could help us

boost our work.

6. A banner with the name and number of our network person working in a

particular prison area should be put up so that prisoners can contact that person.

Lawyers’ numbers should be written on the jail walls. One must reach immediately

after the incident.

7. In the bar offices of every Court we should have our names written on notice

boards stating that we work with HRLN which will provide free legal aid.

8. We should identify active tribals in every area, and they should have our contact

number and if any incident related to human rights issues takes place they can call

us and inform about it.

9. We should form small groups whose responsibility would be to conduct fact

finding in their area.

10. Besides forming HRLN district office, our lawyers should also collaborate with

the local NGO’s.

11. We should collect database of the people in tribal remote areas.

Finally Mr. Colin Gonsalves pointed out to the participants that HRLN will bear the

expenses for travelling and report writing if the participants can give some time for

fact finding.

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Day 2: 15th July 2012

Session 1: Displacement

Fr Stan Swami, Veteran activist, Jharkhand Bachao Andolan

Father Stan Swami pointed out, liberalization, privatization and globalisation are the

means through which the government is seeking to enhance the country’s economic

growth. This has resulted in the rich getting richer and poor getting poorer.

However, he explained, even the poor are now getting sensitized and they are

beginning to agitate against displacement. Unfortunately, more than 100 MOUs have

been signed in the state to pave the way for corporates to come in.

There is militarization taking place in the state. He quipped, “Maoists bahana hai.

Nishana hai Jal ,Jangal, Zameen. Sathdharan janta ko prataritd kiya ja raha hai”. This

means “Maoists are only an excuse. The key targets are water, forests and land.

Ordinary people are being tortured”. Father Stan further argued, if we speak up

against atrocities then we are labelled as Maoists. Those who are actually Maoists

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move around in the jungles. And the government is not really confronting the

Maoists but the ordinary people are being tortured, he noted.

Fr Tom (right), Advocate, Chiabasa

Father Tom pointed out, wherever there are movements going on against

displacement, he wholeheartedly supports them. He argued, through law with the

help of Court there is a possibility of stopping displacement, albeit not completely.

Unfortunately, sometimes judges are biased against the poor who are displaced. He

further argued, through law, there can be some relief against displacement, although

not entirely. He also explained how displacement takes place. After developing

friction among the movement’s people land is taken away. He pointed out,

Jharkhand is a fifth schedule state where land cannot be take away easily by the

government. He further said, “Together, lawyers and activists will have to

brainstorm on how this issue of displacement can be effectively dealt with.” He also

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expressed the need to put more force into the mass agitation rather than merely

relying on the law.

Damodar Turi, Activist

Mr. Turi pointed out, over 100 MOUs have been signed in Jharkhand. This kind of

development is development for some people. At the expense of this local people are

suffering. Let our jal, jangal and zameen be and let us live peacefully, we do not want

this kind of development, he pleaded. He gave the example of Chandel dam and

argued that people who live around this dam itself are not being benefited by it.

Then what kind of development is it, he questioned.

Mr. Turi was put behind bars because he tried to organise people against

displacement. He quipped, the state is of the corporate, by the corporate and for the

corporate rather than of the people, by the people, and for the people. He continued,

“We have been agitating to preserve our culture which is under attack by the

government. We are being robbed off our land and now we have decided not to give

even an inch of it.” People who agitate against displacement face the wrath of the

government. Cases are filed against them. He noted, during the time of freedom

struggle one Jalianwalah Bagh Massacre took place, however, after Azadi we have

witnessed many Jalianwalah Baghs. State is bought by the corporates. This democracy

is meant only for few people who hold corporate power.

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Ramesh Jerai, JOHAR (Jharkhandi Organization for Human Rights)

Mr Jerai pointed out, he belongs to West Singhum and 19 MOUs have been signed in

the district. There are around 12 MNCs in the area which will displace 13-23 villages.

Those organizations that protest against displacement are frequently being labelled

as Maoists. Mr Jerai further argued, laws are continuously being violated. Therefore,

what is required is the documentation of human rights violations in the state.

Moreover, cases are mostly ignored in the High Court, this requires that we take

these cases to the Supreme Court. Mr. Jerai argued, he strongly feels that all the

human rights activists and lawyers have a lot of responsibility. He concluded by

saying that together, through the network, we need to brainstorm and come up with

solutions to deal with the issue of displacement.

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Gulab Chandra, Secretary, Damodar Bachao Abhiyan

Mr Gulab Chandra argued, displacement is the result of industrialization. There are

two types of consequences of this – direct and indirect. He said, after 1950

displacement began in the name of industrialization. After independence, as a result

of industrialization, dams have been built, thermal power stations have been built,

iron and steel factory and HSC have been constructed. Now if we try to come up

with a figure on how many people have been displaced due to these projects then

there is a following estimate: Due to mining 16 lakh, 40 thousand people have been

directly or indirectly displaced; due to irrigation, 12 lakh, 50 thousand have been

displaced; and due to factories 12 lakh 50 people have been displaced. Further 11

lakh people have been displaced due to other projects.

He continued, total 65 lakh, 40 thousand people have been displaced directly or

indirectly. Our jan, jangal and zameen have been destroyed, he lamented. Mr.

Chandra concluded, “We will have to do both Jan Vakaalat and Court Vakaalat for

people’s rights then only we can move towards a solution. We must conduct a fact

finding to find out where the displaced people have gone and what their condition

is.”

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Suggestions:

1. We need to have a discussion with the government on how both industrial

and social development can take place and for this we need to file a PIL.

2. Alongside protests we also need to watch out for other alternatives.

3. During protests we should not resort to any violence which will give the

government an excuse to suppress us.

4. We should also focus on dalit displacement.

Colin Gonsalves, Founder, HRLN

Mr. Gonsalves said, during the session it was pointed out that there are over 100

MOUs in the state. Jharkhand is a fifth schedule state. Therefore, for any kind of

industrialization, permission of tribal advisory board is required. Mr. Gonsalves

requested the participants to select any medium level companies, and file a PIL in

the Supreme Court. Mr. Anup was requested to collect copies of MOUs. Mr. Ramesh

Jerai was requested to help collect facts.

It was pointed out by Mr. Gonsalves that PIL should be filed by the people of the

village who are affected by MOUs. He further requested the participants to take up

cases on rehabilitation and on river and air pollution.

34

Session 2: Forest Rights Act and related issues

Soumitra Baroi, Advocate, Jharkhand High Court

Mr. Soumitra Baroi pointed out, the Forest Rights Act provides that people who are

living on their land prior to 31st December 2005 are entitled to the right to land. In

this context, there are two kinds of rights - individual right and community right.

The main problem is awareness. People are not aware of the laws, he noted. Even if

some people are aware of the individual right, hardly anyone is cognizant of the

community right. When law provided for allocation of land, people were supposed

to fill up two forms.

He continued, earlier, the government was not willing to give the forms. However,

after the protests free forms were being sold for Rs. 500 - Rs. 1000.

People are also not aware of the procedure. Even if people fill the forms, most of

these are rejected due to some “technical” problem. Moreover, there is difficulty in

implementing the procedures. Mr. Baroi argued, the government wants to suppress

people. In fact, the government should take the initiative and bring awareness about

35

the law on forest rights. He concluded by arguing that as regards forest rights there

are three basic problems- awareness, corruption and false cases.

R K Singh Munda, Jharkhand Jungle Bachao Andolan

Mr. Munda pointed out, the struggle for jal, jangal, zameen rights is hardly new, and

it has been going on for a long time. He further noted, since the time humans began

to live as social beings, it is then that the fight for jal, jangal, zameen began. Prior to

independence this fight was on and even after that it is continuing. In PESA too

there is a provision for forest rights. Those who reside in the jungles possess the

ownership right. However, this is merely on paper. The new law Van Adhikaar

Adhiniyam 2006 states that the Adivasis who live in the forest have suffered injustice.

This law came into being to undo the injustice meted out to the Adivasis. He further

pointed out, Gram Sabha has nodal power and authority over forests. Despite the

new law, Adivasis are faced with the problem of getting patta, he noted.

Mr. Munda pointed out, as regards the implementation of Adhikaar Adhiniyam 2006

law there are a number of bureaucratic hassles and corruption at different levels in

the state. He said “We must file a PIL at the state level to seek remedy for all these

problems.”

36

Session 3: Defending the defenders in Jharkhand

Faisal Anurag, Veteran journalist and activist

Mr Faisal Anurag said, Jharkhand, Orissa, and Chhattisgarh are three such conflict

areas where it’s quite evident that the government wants to destroy its people and

their culture at the behest of MNCs. On one hand there is talk of PESA, FRA, RTI

Act, RTE, MNREGA, however, the real objective behind these laws is hardly the

welfare of the people, he retorted. Mr. Anurag argued, we’re progressing towards a

fascist, autocratic state. In states like Chhattisgarh, there is hardly any democratic

space left. Activists like Father Stan and others fighting for human rights including

tribal rights are under the scanner. He continued, there is no space for human rights

issues such as land, water, and forest. Laws are being used to suppress us and there

is a strong need for mass protest against this.

37

Aparna Marandi, Wife of Jiten Marandi

Ms. Aparna Marandi, wife of Jiten Marandi shared her husband’s experience. Jiten

Marandi is incarcerated for past 3 years. His “crime”, according to the police and the

state is that he is fighting against displacement and migration through non-violent

means such as folk songs, dramas, and songs. Jiten was alleged to have conspired a

murder. Ms. Marandi pointed out, Jiten was offered to join hands with the

government, he refused, and then he was given a death sentence but was released on

bail by the High Court. He was again arrested for some 7 false cases.

She continued, he was to be released on bail, however, when she went to receive him

she was informed that he was again booked under CC Act, due to which he was

again put behind bars. The government of Jharkhand had filed an appeal before the

Supreme Court since it disapproved of the High Court order of releasing Jiten

Marandi. Ms. Marandi said, “those who fight for janhith are being harassed by the

government. Jiten’s case is a big conspiracy.”

38

Praveer Peter, Activist, Solidarity for Peace

Mr. Praveer Peter focused on how ordinary people are being targeted by the state.

He argued, if we possess any Maoist or Marxist literature then we are labelled as

Maoists. He further suggested, “We need to develop strategies so that we use the

human rights tools and do not engage in human rights violations.”

“We need to bring mass awareness amongst all the activists and tribals regarding

their rights as are enshrined in the constitution”, he concluded.

Damodar Turi, Activist

Mr. Turi pointed out, whenever we agitate for our rights we are booked for being a

Maoist and we are falsely charged with possessing Maoist literature. There are many

incidents where police officers have filed false cases against activists. Sometimes

those who are already behind bars are booked in fresh offences such as delivering

inflammable speeches. He continued, Jasita Devi was killed by the police to take

revenge against the Maoist attack on the police officers. The police argued, she was

killed in the cross fire. Mr. Turi pointed out, there are cases where people who are

above the age of 75 are booked under CC Act. Jiten is being offered property by the

government in any place other than his area, to be free from the cases. Mr. Turi

39

argued, in cases like these we need to conduct fact findings. He further pointed out,

whenever people talk about jal, jangal, zameen which happen to be constitutional

rights then they are labelled as Maoists.

Naresh

Mr Naresh narrated his experience. He said, he was arrested on 15th August 2010 for

speaking against the Operation Green Hunt. And thus was labelled a Maoist. He

was booked under charges of murder, bomb blast and robbery. He spent over nine

months in prison. He further pointed out, while he was going on a pilgrimage he

was forced to get off the train and was brutally beaten up by the police.

Santosh Yadav

Santosh Yadav narrated the story of Rajendra Yadav. On 29th December 2009,

Rajendra Yadav was asleep when police arrested him at 5 am. When his family

asked the reason for his arrest, the police said that they are taking him for

interrogation. He was beaten up by the police and then they sought payment of Rs

10000. Even after the payment was done the police did not release him. Then he was

taken to SP’s residence, and beaten to death. Mr Santosh Yadav further pointed out

that they were not informed about his whereabouts. Later on they came to know

through the media that Rajendra had been transferred to the hospital. Then they

were informed that he is dead and his autopsy will be conducted the next day.

However, later they were told that his autopsy had already been conducted and he is

found to have died because of stomach pain. Mr. Santosh Yadav continued that they

demanded another autopsy which was conducted after huge protest. Through this, it

became clear that Rajendra died due to beating. The case is pending in the High

Court.

40

Session 4: Communalism in Jharkhand

Hussain Ahmad, Veteran journalist

Mr Hussain Ahmad began with sharing his personal experience on communalism.

He said he comes from a divided family where his family actually lives in Pakistan

but he was born in India. And his love for the country made him stay here despite all

that he had to go through for being a Pakistani Muslim. He pointed out, there was a

time when people used to shout that he is a Pakistani. However, today, after a long

time he is well respected in town. He further said, when he was in jail, he was

treated badly, despite being known and respected in town. Hence, he can well

imagine the treatment meted out to the ordinary people.

Faisal Anurag, Veteran journalist

Mr Faisal Anurag pointed out, Babri demolition and 2002 Gujarat riots created

communal polarization among the people in India. In the case of Jharkhand, he

pointed out, it was in 1964 that the first major communal riot took place. In 1959,

41

India’s biggest trade union movement began under the leadership of Hazara Singh

against the Tatas. He and his colleagues were killed by the Tata company in

Jamshedpur. The communist party grew as a result of this agitation. But after the

killings, the trade union movement declined. Subsequently some leaders came from

UP and in 1964 one of the leaders tried to drive a wedge between hindus and

muslims within the trade union movement. Another major riot took place in 1989 in

Jamshedpur. In 1987, for the first time adivasis and muslims were made to fight each

other.

He further argued, today Jharkhand is confronted with a number of aspects of

communalism. First is hindu- muslim, which is an all India phenomenon. Second is

adivasi- muslim and the third is sarana adivasi-christian adivasi. In Jharkhand, he

argued, we are witnessing infiltration of MNCs, signing of MOUs, looting of natural

resources and so on. Then there is suppression of protests in the state. He continued,

in the wake of all this, we need to figure out as to how to deal with all these kinds of

human rights violations in the state.

42

Ashwini Kumar Pankaj, Sr Journalist, Johar Sahiya

Mr A K Pankaj focused on communalism and cultural displacement. He argued, RSS

has spread communalism across the country and has been trying to spread its

influence in Jharkhand as well. He pointed out, communalism has many faces. He

spoke of structural violence and the injustice which is invisible. He argued, the task

before us is to liberate ourselves from psychological slavery without which we

cannot take our struggle forward. He continued, “I disagree when people say that

adivasis are vidrohi. In fact they are warriors”. Mr Pankaj also described different

aspects of communalism. He argued, communalism is not just confined to hindu-

muslim. It, in fact, goes beyond it. It is also muslim-tribal, he noted.

43

Afzal Anees, United Milli Forum

Mr Afzal Anees pointed out, there are 4 key districts in Jharkhand which are majorly

affected by communalism. These include Hazaribagh, Ranchi, Jamshedpur and

Giridih. Riots usually take place in these areas after seeds of discord and enmity are

sown among people by anti-social elements. He cited an incident of communal riots

in Hazaribagh in which houses of muslims were burnt. He further pointed out,

political parties also engage in petty politics of igniting tensions among people of

different communities for their personal gains.

He said, in places like Hazaribagh, Ranchi, Giridih and Jamshedpur, where

communal tensions easily flare up BJP is quite strong. RSS has been trying to

influence people and spread communalism in Jharkhand but its efforts have not

been fruitful. He continued, this is because of Maoists’ widespread presence in the

state. He went on to clarify that he is not a supporter of the Maoists but this is the

truth.

44

Session 3: Urban poor and problems

Shaktiman Ghosh, General Secretary, National Hawkers Federation

Mr Ghosh pointed out, National Hawkers Federation has won a very important

victory and the best hawkers’ scheme has been framed for the state of Jharkhand.

Due to this, eviction of slums and hawkers has subsided. Mr. Ghosh argued, we as a

hawkers federation, sought Mr. Colin Gonsalves’s advice on the issue of hawkers’

eviction. To which he suggested not to take the matter to the Court and carry out the

agitation for the hawkers’ rights on streets only. He further argued, following Mr

Gonsalves’s advice we continued the agitation. We gheraoed the assembly while it

was in session. And finally we won the battle against hawkers’ eviction, he noted.

45

Rajni Soren, Chhattisgarh HRLN

Ms Rajni spoke on the human rights situation in Chhattisgarh. She argued, the

situation in Chhattisgarh is worse than Jharkhand. Unlike Jharkhand, people in

Chhattisgarh hesitate to oppose the government and as compared to Jharkhand, civil

society within Chhattisgarh is not really strong. She continued, it is almost

impossible to raise your voice against human rights violations in the state. There are

numerous cases of custodial deaths pending in the High Court. She further argued,

even in cases where magisterial inquiries are being conducted, attitude of the Court

is not very positive and the former merely keeps giving extension.

46

Conclusion

The motive of the workshop, as mentioned previously, was to create a network of

lawyers and activists in conflict areas including Jharkhand and to do something

concrete. Considering the grave human rights situation in Jharkhand, there is a need

for one legal aid centre in every district of the state. Towards the end of the

workshop Ahmed Raza pointed out that HRLN has decided to open legal aid centres

in 20 districts of Jharkhand.

So far there has been weak intervention by HRLN in Jharkhand. Now, the

organization intends to expand its Ranchi office, and it aims at filing PIL on almost

every issue possible in the state. HRLN’s aim is to file minimum 40 PILs in the High

Court and the Supreme Court.

HRLN believes that there is a need to persistently raise issues concerning poor people and against human rights violations in the state. Some of these rights violations include police/security forces brutality, lack of basic needs, atrocities on dalits, disregard for prisoners’ rights, displacement, and attack on human rights defenders. As far as the prisoners’ rights are concerned, HRLN will handle the cases free of charge for the innocent people in the state against whom there is no evidence.

47

News clippings of the workshop in

Dainik Bhaskar and Dainik Jagran

48

49

List of Participants

1

Shashi Bhushan Pathak

D T 1070 Dan Side, Dhurwa, Ranchi

9431364285

2 M S Ansari (adv) Y K Road, Naya Bazaar, Dhanbaad

9835044441

3 M Y Arafat (adv) Gumani, Pakur, Jharkhand

9939955860

4 Samuel Soren (adv) Dumka 8809534071

5 M S T Ahmad (adv) Sahibganj 9162739825

6 M R Ahmad (adv) Chatra 8877095174

7 M S Chakraverty (adv)

Dumka 9934199871

8 Manoj K Nag (adv) Simdega 8002707093

9 Santosh Kumar Singh (adv)

Dhanbaad 9334620268

10 M M Akbar (adv) Wasseypur, Dhanbad 9334095317

11 Anand Marandi Ranchi 8102409289

12 T Meraj (adv) Lohardaga 9334179326

13 Bimla Kumari Gumla 9430149611

14 A Sinha Gumla 9431147478

15 Father Stan Swami Bagicha 9939411612

16 Suchitra Jha (adv) Civil Court, Deoghar 7209397273

17 Pankaj Nigania (adv) Civil Court, Dhanbad 9835307459

18 Janki Kumar Yadav (adv)

Civil Court, Hazaribagh

9835539090

19 Sushil Das (adv) Civil Court, Giridih 9334050399

20

Gopinath Ghosh

Jamac 9204522381

21 Meha Dixit HRLN Delhi

22 JOHAR, Ranchi, Jharkhand

Ranchi 9204522381

23 K N Pandit Ranchi 9471195600

24 Mahtab Alam

25 Anup Agarwal (adv) HRLN, Ranchi 9470379521

26 N Rathod, Nagpur HRLN, Nagpur rathod.nihal16@gmail.com

27 Manjuraj 9939174968

28 M Tara Godda 8051168315

29 Jerome G Kujur Ranchi 9431705062

30 Abhay Kumar CREJ 9934376726

50

31 Laxman 9905128736

32 V Raja (adv) Rangarh 9905151078

33 Afzal Anis Bermo 9234982712

34 Kamrul Hasan Bokaro Steel city 9835186270

35 Imran Hawari Bermo 9934321231

36 Damodar Turi Ranchi 8757579898

37 H Ansari Bokaro 9386864483

38 Soumya Soman Ranchi 8409015858

39 Shyama Ranchi 8292400250

40 Aditi Singh Ranchi 9661377153

41 Abhishek S Negi Ranchi 9425151263

42 Tapish Ranchi 8809294820

43 P Beck Ranchi 9263136750

44 Ganesh Ravi Palamau 9199965680

45 Shankar das Deoghar 08294118390

46 K Paswan Dhanbad 9939425637

47 Mohan Deoghar 9279396931

48 Suraj Agarwal Chatra 9693324955

49 Gaurang Ranchi 9973511531

50 Mithilesh Kumar (adv)

9835743922

51 Samit Carr

52 Pramila Mehra Giridih 9931110110

53 Ali Haidar (adv) Chaibasa 9430157020

54 Shams Q (adv) Latehar 9334448485

55 Mahatab Ahmad Latehar 9386241970

56 Abdul 7250802934

57 Ramesh 9973429095

58 Dipnarayan Hazaribagh 9031195799

59 Basti Bahao Sanghars Samiti,Dhurwa

Dhurwa 9263116919

60 T Arya Dhurwa 9472315573

61 Shambhu Mahto (adv) Latehar 9471183429

62 Mahavir Giridih 7739600116

63 Renu (adv) Giridih 8298005254

64 Kanu Karmkar Giridih

65 D Guria (adv) Khunti 9431156998

66 Manish (adv) Khunti 9934512713

67 Z Ansari Palamau 9431970091

68 Ranjit Giridih 7739600116

69 Anita Kumari “ “ “ “

70 Rabri Kumari “ “ “ “

71 Ramesh Jerai (adv) West Singbhum 9162168149

72 Tom Nelli West Singbhum 9006774978

73 Ali Haider (adv) Chaibasa 9430157020

51

74 Mridul Bakhla (adv) Jamshedpur 8603133367

75 Pramod Manjas Jamshedpur 8877693600

76 Abhinav Prakash Ranchi 8235138104

77 Akshay Uppal Ranchi 8797542549

78 Pranshu Malviya Ranchi 9507200611

79 Neha Katewa Ranchi nehakatewa91@gmail.com

80 Anjani Nandan Ranchi 8271707101

81 Rakesh Roshan Kiro Kokar 9204268599

82 Avdhesh Palamau 9470465798

83 Santosh Kumar Yadav Palamau 9304555733

84 Renu Verma (adv) Giridih 9931339310

85 Nirmal Munda (adv) 7739182226

86 Dr Sunita Kumari Gupta

Ranchi 9835339057

87 C Kumar Dhanbad 9835502795

88 Naresh Kumar Garwa 9835114356

89 Aparna Marandi Giridih 9771949885

90 Mahendra Kumar Garwa 9693305475

91 Mahesh Singh Dhurwa

92 Praveer Peter Solidarity Centre, Ranchi

praveer.peter@gmail.com

93 P Besra Ranchi 9430106579

94 Sudama Singh Barwadih

95 Roshan Minj 9999189470

96 Jagat Singh Kutkoo Dam

97 Ram Lakhan Singh Kutkoo Dam

98 Tulsi Singh Kutkoo Dam

99 Mahadev Singh Kutkoo Dam

100 Vishwanath Yadav Kutkoo Dam

101 Rambali Singh Kutkoo Dam

102 Ledu Kishan Kutkoo Dam

103 Kartik Oraon Kutkoo Dam

104 Gulab Chandra Bokaro 9934169785

105 Ashraf Ansari (adv) Jharkhand High Court 9430260497

106 M Ashgar (adv) Jharkhand High Court 9835577848

107 S Sharma Jamshedpur 9430728790

108 Mahendra 9973936658

109 Shivcharan (adv) 9304428455

110 Jawed Rabbani (adv) Ranchi 7488572885

111 Birjinia Tete 9608899631

112 Rajan K Singh Dhurwa rajan@pratigya.in

113 Diwakar Hindustan Times, Ranchi

9431174674

114 Santosh Kumar Yadav Palamau 9304555733

52

115 Awdhesh Ram Palamau 9470465798

116 Saktiman Ghosh National Hawker Federation

9748585961

117 M Z Haque Chatra 9386150142

118 Ram Rawat (adv) Palamau 9852910780

119 Pratap Singh H-67/B, Harmu, Housing colony,

Ranchi

8095900723

120 Shubham Mishra HRLN Office, Ranchi 8603333281

121 Saurabh Kumar Lal HRLN, Ranchi 8051077510

122 Laxman Lohra Lohardoga 9905128736

123 Shruti Kumari 9708194189

124 Sushma S 9470393413

125 Julie Kumari 8904725619

126 Chandan 8986883214

127 William Minj Latehar 9534163824

128 Dr R Sharan Ranchi University 9431325536

129 Soumitra Borai

130 R K Munda 9935366038

131 Faisal Ranchi 9431171442

132 Nadia Naz Ranchi University 8804189554

133 Jyotsna Misra Ranchi University 9576122268

134 Ashok Kumar Das Deoghar 9430369106

135 Dr B Srinivasan Dhanbad 9507105856

136 Pradip Kumar Bokaro 9934152279

137 Ranjan Kumar Singh Ranchi 9304172151

138 N Anwar HRLN, AP 9940102360

139 Shanti Kumari ASES 9708194189

140 Lakhi Parmanik ASES JSR 9470393413

141 Rajni Soren HRLN Chhattisgarh

142 Prof. Anil Kumar Palamau

143 Abhinav NUSRL

144 Colin Gonsalves Founder, HRLN

145 Chandran Chetan NDWWT

146 Ahmed Raza HRLN Jharkhand

53