206/1, PATEL VAS, MADALPUR, ELLISBRIDGE, AHMEDABAD-380006 PH. NO. (079) 26579962
Date: 7-3-08
MEMORANDUM
To
The National Commission for Scheduled Tribes
TO
THE TEAM VISITING ATARSUMBA, SABARKANTHA
Sub- Police firing and Atrocities on adivasis in Sabarkantha
Dear Members of the Team
The Socialist Unity Centre of India Gujarat State Organising Committee welcomes your visit to Atarsumba of Sabarkantha district of Gujarat to probe the police atrocities on the adivasis as a result of which two adivasis were killed, many injured and arrested on 13th. February 2008.
Your visit will provide respite for the tribals as they are very much panic- stricken due to the stern attitude of the Govt., Forest Dept and the Police officials.
Soon after the incident, a fact finding team of S.U.C.I. went to the villages on 15th February and met the family of the deceased, injured, and arrested persons and listened to their appalling experience at the hands of the police force.
As known, the new Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act came into effect from 1st. January 2008. The Govt. of Gujarat and the Forest Dept. did nothing to explain the provisions of the Act to the adivasis. Rather, the standing crops of the tribals were seized by the forest officials by way of fencing. This very act of the forest officials was very provocative and led to apprehension among the tribals about losing their land and fearing forceful eviction. Rumors of areas being declared as Critical Wildlife Habitats were always in the air. The air of suspicion and apprehension among the tribals was never allayed by the Forest Officials. Rather the officials of the forest dept. all through created an air of insecurity among the tribals and scared them of punitive action against them and demanded undue favours, which has been the age-old practice of the forest officials.
Now the BJP has come to power with absolute majority and BJP also controls most of the Panchayats through the Government's undemocratic SAMRAS policy (which encourages nominating representatives to the village Panchayats through consensus, under the pretext of creating a positive environment for development in the villages) and through winning last year's local body's elections just after the Assembly election. The provision under the new Act for the Gram Sabha to initiate the process for determining the nature and extent of individual or community forest rights gives a lot of legitimacy to the Gram Sabha to allot land to the adivasis as per the Act. In a state like Gujarat where Samaras is compelled by the ruling party (BJP), one can very well comprehend `party politicisation' ,securing loyalty to BJP through acts of patronage of adivasis will be the crucial decisive factor for the Gram Sabha for allotment of the land and deciding the cutoff year for assessing the same. Moreover, as the Loksabha Poll is due, vested interests for electioneering cannot be ruled out. The police atrocities on adivasis in Atarsumba was a warning to the adivasis of
First of all, the adivasis must be assured of their legitimate forest rights and confidence-building
(P.T.O.)
measures must be taken to allay all their apprehensions, which have been continuing from the British colonial
period to sixty years after independence. Ironically, the preservers of forests have been castigated as the destroyers of forests and treated as criminals. The change of attitude of the Govt. as well as of the forest officials and police dept. is of paramount importance.
SUCI agrees with the findings of PUCL
S.U.C.I.'s Demands and Recommendations
1. The State Government, District Administrations and Forest Department should organize communication campaigns and grassroot campaigns to explain the provisions of the new Act to the people. Enough time should be given for this phase.
2. The Gram Sabha with proper representation of all sections (with all safeguards to check ruling party domination should be immediately constituted such that it earns the confidence of the adivasis.) The Forest Rights Committee of the Gram Sabha should be elected only in such a properly constituted Gram Sabha
3. Once the process of Gram Sabha meetings starts after the initial communication campaign phase, a deadline of within three months should be announced to hand over sanads of the land to all adivasis and forest dwellers. A time-bound process for the ratification of GramSabha by the Sub-Division Level Committee, and District-Level Committee be announced.
4. Minimum Compensation should be Ten Lakh Rupees for the family of adivasis who died in police firing and at least rupees five lakh be paid as compensation to the families of the injured and Govt. should bear the entire expense of the treatment and their livelihood.
5. The false cases against the six adivasis who were arrested should be withdrawn.
6. Judicial inquiry headed by High Court Judge should be instituted.
7. As there are loopholes in the stories regarding Sanjabhai's Death, a special Probe should be instituted to unearth the truth.
8. Law and order situation should not be a license to release a reign of terror in the adivasi villages by the administration, police and forest officials. The present officers responsible for atrocities on the adivasis should be suspended (during the of pending enquiry) immediately such that the tribals can breathe a sigh of relief and the enquiry can be carried out relatively without any pressure and the tribals can speak out fearlessly.
9. Punitive action against the police and forest officials responsible for committing atrocities on the tribals must be taken swiftly. Justice must be done and seen to be done through swift and transparent procedures.
10. Let not the
Yours,
Dwarikanath Rath
Secretary,
Jayesh Patel Kanu Khadadiya
Members,
Dt. 7-3-2008.
Copy Sent to:
Prime Minister of
Governor of
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