A letter to the President of India

Jharkhand Human Rights Movement
C/o-Mr. Suleman Odeya, Near Don Bosci ITC Gate, Khorha Toli, Kokar, Ranchi -834001. 0651-3242752 Email: jhrmindia@gmail.com

Ref: JHRM/PI/2013/01 Date: 01/05/2013

To,
His Excellency,
Sri Pranab Mukherjee,
President of India,
Rashtrapati Bhavan,
New Delhi – 110004
India.

Sub: Requesting to protect the rights of the Scheduled Tribes (Indigenous People of India) or to shoot all of them at once rather than excluding, discriminating, exploiting, torturing and making them landless, resourceless and beggars by alienating them from the natural and livelihood resources in the name of growth and development.

Dear Sir,

1. It is extremely painful to state that I come from an Adivasi (tribal) family, who was displaced by an irrigation project without rehabilitation in 1980 and my parents were brutally murdered in 1990. However, I was managed to survive. On 30th April, 2013, you have inaugurated a power project of the Jindal Steel & Power Ltd at Sundarpahari comes under Godda district of Jharkhand. However, it seems that the tribal people were not allowed to put their concerns in front of you. The tribal people of 11 villages had gathered near Sundarpahari to raise their voices against the power project as some of them had already been displaced during the construction of ‘Sundar Dam’ and now they’ll again be displaced by the Jindal’s power project. However, these tribals were detained in Sundarpahari police station instead of hearing their plea. The question here is do they have right to freedom of expression under Article 19 of the Indian Constitution? The police have regularly been coercing the tribals who don’t want to surrender their land to the Jindal Company. According to the Santal Pargana Tenancy Act 1949, the land is non-transferable and non-saleable, whether owned by tribals or non-tribals. But how the tribals land is being bought by the Jindal Company? Is the Jindal Company allowed to violet the rule of law?

2. The Hon’ble Supreme Court of India through a writ petition (CIVIL) NO. 180 OF 2011 (Orissa Mining Corporation Vs Ministry of Environment & Forest & Others) has said that the Section 4(d) of the PESA Act 1996 says that every Gram Sabha shall be competent to safeguard and preserve the traditions, customs of the people, their cultural identity, community resources and community mode of dispute resolution. Therefore, Grama Sabha functioning under the Forest Rights Act read with Section 4(d) of PESA Act has an obligation to safeguard and preserve the traditions and customs of the STs and other forest dwellers, their cultural identity, community resources. The Court has ordered the State Government to settle the matter with the Gram Sabha. But is the case of Jindal Company, where is the role of Gram Sabha? Why it has been undermined or put aside? Why did PESA Act 1996 not enforced in this case? Is it because the head of the Jindal Steel & Power Limited is one of the powerful leaders of the Congress Party?

3. The Hon’ble Supreme Court of India has also said through a writ petition (CIVIL) NO. 180 OF 2011 (Orissa Mining Corporation Vs Ministry of Environment & Forest & Others) that the Scheduled Tribes have the Religious freedom guaranteed under Articles 25 and 26 of the Constitution. It guarantees them the right to practice and propagate not only matters of faith or belief, but all those rituals and observations which are regarded as integral part of their religion. The Court has ordered to protect and preserve the tribals’ deity. However, in last 65 years of Indian democracy, thousands and thousands of sacred groves, religions places and graveyards of tribals were either submerged in Dams or destroyed in the name of development. These are several sacred groves and religions places of the tribal would be destroyed by the power project of the Jindal Company. However, the question is do the tribals really have the freedom of religion as the Apex Court has stated? Why is Government not upholding the rule of law?

4. The tribal people have already lost more than 23 lakh acres of land in Jharkhand in two ways – i) The major part of tribals’ land were taken away from them in the name of growth and development and ii) the non-tribals who came into the 5th Scheduled Area of Jharkhand for jobs also grabbed a huge portion of the tribal land illegally after earning huge money from the development projects and mining. Though the Article 19 (d) & (e) allows the all citizens to move freely throughout the territory of India and to reside and settle in any part of the territory of India but sub-clause (5) also emphasizes that the state can impose reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses (d & e) for the protection of the interests of any Scheduled Tribe. However, nothing has been done in this regard to protect the tribal people. Consequently, the population of the non-tribals is multiplying in the Scheduled areas and the tribal population is rapidly declining.

5. The Jharkhand Government has signed more than 100 MoUs with National and multi-National companies, who are grabbing the trabals land illegally and the government is facilitating it instead of protection the land rights of tribals. The Jharkhand Government has also proposed for two industrial corridors under the Jharkhand Industrial policy 2012. According to JIP-14 (a) State Govt. will initiate necessary steps to promote / develop two industrial corridors, namely Koderma – Bahragora and Ranchi-Patratu- Ramgarh Road, where the efforts will be made to develop the corridor with 25 KM each side of 4 laning, which means, major part of the land will be handed over to the corporate houses. If that happens then where will the tribal people go? Do they have right to a dignified life?

6. On 5 January, 2011, the Apex Court of India while hearing on an appeal (the special leave petition (Cr) No. 10367 of 2010 Kailas & others Vs State of Maharashtra) said that the tribal people (Scheduled Tribes or Adivasis), the Indigenous People of India but they were slaughtered in large numbers, and the survivors and their descendants were degraded, humiliated, and all kinds of atrocities inflicted on them for centuries. They were deprived of their lands, and pushed into forests and hills where they eke out a miserable existence of poverty, illiteracy, disease, etc. And now efforts are being made by some people to deprive them even of their forest and hill land where they are living, and the forest produce on which they survive. Despite this horrible oppression on them, the tribals of India have generally (though not invariably) retained a higher level of ethics than the non-tribals in our country. They normally do not cheat, tell lies, and do other misdeeds which many non-tribals do. They are generally superior in character to the non-tribals. The Apex Court said that it is time now to undo the historical injustice to them. However, the Indian Government has done nothing to protect them. Instead, it has been facilitating in corporate land grab of the Adivasis (tribals or Indigenous People) of India.

Since, you are the custodian of the tribal people of India, therefore, I demand for following actions:
1. To order for investigation on detention of tribals and land grab by the Jindal Steel & Power Limited in Sundar Pahari and also cancel the Jindal’s power project as it is a severe threat to the existence of the tribal people especially the Primitive tribes (Paharia) of Sundar Pahari.
2. To investigate and cancel all the MoUs signed since 2000 without consent of the Gram Sabha under PESA Act 1996 and also order for withdrawal of the Industrial Police 2012 and order the state administration to return the illegally acquired land of the tribals by the corporate houses.
3. To order for a judicial inquiry in all the cases of illegal land grabbed by the non-Adivasis in the Scheduled areas.
4. To order to stop the corporate to buy land by themselves and order the Government to acquire land under the Santal Pargana Tenancy Act 1949 and Chhotanagpur Tenancy Act 1908 for development projects with the consent of the Gram Sabha under PESA Act 1996.
5. To order the Government to enforce the rule of law i.e. Constitutional provisions, 5th Schedule Area, PESA Act 1996, CNT Act 1908, SPT Act 1949, the Forest Rights Act 2006, etc.

Indeed, it’s necessary to take the above said steps to protect the constitutional, legal and traditional rights of the tribal people. However, if you are unable to protect us, I would humbly request you to gather all the tribal people at a place and shoot them so that you’ll get rid of us and could build this nation on the graveyards of the tribal as per your dream.

The architect of the Modern India Pt. Jwaharlal Nehru’s Temples of Modern India has turned into graveyards of the tribals (Indigenous People of India). Therefore, in the next time whenever and wherever you inaugurate such development project proposed on the tribals’ land, please remembers that you are building this nation on the graveyards of the Indigenous People of India.

I believe you understand my pain, anguish and sorrow. I hope to hear your positive response. I shall be highly obliged to you for the same.

Thanking you.

Yours sincerely,
Gladson Dungdung
General Secretary,
JHRM, Ranchi.

Is Judiciary Biased Against Adivasis?

By Gladson Dugndung
JharkhandMirror.org

On 15 July, 2012, in the afternoon, the weather was cool, the sky was cloudy and it was drizzling. The hundreds of Adivasis of Nagri village entered into the central hall of the Birsa Agriculture University, Ranchi with the single point agenda to get back their agriculture lands, which has been captured by the State with the power of Gun. In fact the Birsa Agriculture University was also built on their land after snatching it from their ancestors. They have been resisting against the forceful and illegal land acquisition because the present government has been attempting to grab rest of their land in the name of growth and development. They are well aware that if they surrender their land in front of the Gun, they’ll become landless, homeless and helpless. Their survival, identity and existence will be vanished. Therefore, they were there to attend a meeting called off by the “High Power Committee” constituted by the Chief Minister of Jharkhand, Arjun Munda on the basis of an order of the Jharkhand High Court, which states that the Government should resolve the land row of Nagri within a week otherwise; the court will directly deal with the land owners.

When the meeting began, the villagers told to the High Power Committee that they’ll not surrender their land at any cost even if they have to face bullets while resisting for it. Therefore, the government should return their agriculture lands, which have been captured by the State with the terror of Gun so that they would go for the cultivation as the Monsoon is in its pick. The Social and Rights Activists also echoed their voices in support of the villagers. After hearing the concerns of villagers, Social and Rights Activists, the Chairperson of the committee and Revenue Minister, Mathura Mahto assured them that the committee will take a decision in favour of the villagers. However, the villagers were not satisfied with the assurance and started raising slogans because they were expecting for some concrete result as their case was dismissed by the Jharkhand High Court and while they approached to the Supreme Court, the Court simply didn’t admit it.

First of all, let’s understand the land issue of Nagri. An Adivasis dominated village “Nagri” is situated at a distance of 15km from Ranchi, the capital city of Jharkhand. On 23 November, 2011, the Jharkhand Government began to capture 227.71 acres of fertile land of the villagers and handed over the entitlement of the major part of the land to the IIM, the IIIT and the Law University. Thus these institutions started constructing the boundary wall. The government claims that the land was acquired in 1957-58 for the extension of the ‘Birsa Agriculture University and Seed Bank’ under the ‘public purpose’ provided in the section 17 (4) of the Land Acquisition Act 1984. However, Rs, 155,147.88 was allocated for the compensation but out of 153 Raiyats (tenants), 128 had declined the compensation offered and merely 25 Raiyats of a particular community had received it. When 128 Raiyats declined the compensation, the Government deposited their money Rs. 133732 in the treasury but they were not informed.

In 2008, the Jharkhand Government started acquisition of 12.6 acres of land for the proposed ‘Ring Road’ but the Raiyats resisted against it and when it was taken forcefully, they approached to the Jharkhand High Court for relief. However, the Court did not accept the claim of the Raiyats on the land and merely ordered the Government to pay compensation with the addition of 15 percent interests and closed the case. Interestingly, when the land was supposed to be acquired, it costs Rs. 7 per decimal and today the same land is worth of Rs. 1.5 lakh. The Government is willing to pay merely 1.55 lakh for 227.71 acres of land, which is worth of Rs. 341.5 crore today. The final call of the Raiyats is that they simple want their land back and don’t want to bid for it at any cost precisely because the land is only source of their survival, identity and existence, and the compensation money will not serve their purposes. They say that once the compensation amount is fished, they’ll be nowhere.

The Adivasis of Nagri, have been knocking each and every door of the democracy but they are not being heard anywhere. In January 2012, the government deployed 3 companies of Rapid Action Force (RAF) and bulldozed just when the winter crops mostly potatoes and pulse were to be harvested. The RAF also destroyed wheat, gram and other crops. And when the villagers strongly protested against it, the Government imposed section 144 of the Indian Penal Code within the distance of 1 km of the project area and the villagers were not even allowed to move on their own land. When they strongly resisted against it, an FIR was filed against 12 villagers including 85 year-old Dhuchu Toppo in allegation of breaching of peace. Ironically, Dhuchu Toppo could not even walk properly but he was threat to peace in the region. However, when the construction work of boundary wall was started, the villagers again went to the Jharkhand High Court and pleaded to stop the construction work on their land, the Court rejected their petition on 26 April, 2012. After decline of the Court to hear their plea, the villagers sit in indefinite protest on the spot and also gathered support from nearby villagers and outsiders and halted the construction work. They sit in protest, which went on for record 125 days in the history of displacement movement.

On the other hand, on 30 April, 2012, while hearing a public interest litigation filed by the Bar Association of the Jharkhand High Court, pleading for the completion of construction work of the Law University Campus, the Jharkhand High Court ordered the state government to start the construction work within 48 hours. Finally, the villagers went to the Supreme Court through a Special Leave Petition (SLP) with the last hope to get justice. However, they were not only denied justice but also humiliated in the Supreme Court. On 28 June, 2012, a legislator Bandhu Tirkey and a few villagers were present in the Supreme Court and they were shocked to see the Judges’ behaviour. The vacation bench was hearing the petition and while hearing it, Justice H.S. Gokhle and Justice Ranjna Prakash Desai didn’t even open the file and threw it on the ground. They said, “Acquisition of the concerned land has taken place in 1957-58, we do not see any reason to interfere with the impugned judgement.” They dismissed the petition.

Since, Nagri village comes under the Fifth Schedule Area in the state of Jharkhand as per provisions made in the Indian Constitution, where the Governor is the constitutional head, who has been empowered by the President of India with special power to issue Public Notification and Regulation to protect and promote the interest of Adivasis in Scheduled Area and thus maintain ‘Peace & Good Government’. Therefore, the Villagers also went to meet the Governor several times and pleaded to intervene in the case. However, the governor did nothing for the Raiyats. The villagers could see and believe that the Supreme Court, High Court, Governor, State Government and the Police are against of them; therefore they’ll not get justice if they don’t fight on the street. They became angry against the ‘state’ and determined not the surrender their land at any cost even if they have to render their lives. A billion dollar question for them was how will they survive if they lose only source of their livelihood i.e. land? Finally, they decided to save their land at the cost of their lives and the behaviour of the Supreme Court fuelled their anger.

On 4 July, 2012, they gathered near the site of the IIM and started breaking the boundary wall. They destroyed the boundary wall of one side of the IIM in presence of the Rapid Action Force. Meanwhile, the Sub-Divisional Officer of Sadar (Ranchi), Shekhar Jamuar reached to the spot and ordered for lathi charge. The clash started between villagers and the police forces. The Police forces not only bet the villagers with lathis but also pelted stone on them. Consequently, Dubhan Toppo, Dukhni Toppo, Jammi Toppo and Bandhni Toppo got severe injuries and admitted to the Rajendra Institute of Medical Science, Ranchi. However, the police filed an FIR against 100 villages alleging them for attacking on police and also destroying the government property. The police also arrested Jammi Toppo, Bandhni Toppo, Rama Tirkey and Chhoto Toppo. Since, Jammi Toppo and Bandhni Toppo were injured severely therefore, they were sent to RIMS for treatment under the police custody but Rama Tirkey and Chhotu Toppo were sent to Jail under the charge of attempt to murder of the police personals.

On the next day, the villagers sat on the road and declared for indefinite road block of Ranchi-Patratu Highway in demand of the persons arrested to be released and case is withdrawn immediately. The People’s organizations, Rights Groups, Political parties, student unions and intellectuals also joined the protest against the terror of the State. There were series of protest across the state in support of the Nagri People’s Movement. Meanwhile, the villagers also got the support of Sibu Soren the chairperson of staring committee (Govt of Jharkhand) and two Cabinet Ministers of the Jharkhand Mukti Morch also openly supported the villagers. The Minister of Revenue and Land Reform, Mathura Mahto said that injustice has been done to the Raiyats of Nagri by the government. Hence, the Government was unable to deal the situation.

After seeing the people’s resistance, the Jharkhand High Court also changed its behaviour. On 10 July 2012, the Court ordered the state government to find out the ways with the villagers within a week. On the basis of the order, the Chief Minister constituted a five members ‘High Power Committee’ under the chairmanship of Mathura Mahto, the Minister of Revenue and Land Reform along with four bureaucrats as members including N.N. Pandey, Secretary (Revenue and Land Reform), Sukhdev Singh, Secretary (Finance Dept), Surendra Singh, Commissioner (South Chhotanagpur) and Vinay Chaubey, Deputy Commissioner (Ranchi). The committee called off its first meeting on 14 July but the Raiyats declined to participate in it. They said that if the government wants to talk to them, then the representatives must come to the spot and secondly the delegation should have the Adivasis officers in majority. Meanwhile, the villagers organized a Jan Panchayat at Nagri on July 15, where more than 10 thousand people participated. They had also invited Sibu soren in the Jan Panchayat, where he said that the agriculture land will not be given to the government and the villagers should start ploughing their land. Since, Sibu Soren is head of the coalition government therefore; it had a ripple impact in the state. The support of Sibu Soren fuelled the Nagri movement. Finally, the High Power Committee decided to meet the villagers near their village therefore, the meeting was organized at Birsa Agriculture University, Kanke on July 16.

On 16 July, 2012, the Jharkhand High Court also asked numbers of questions to the state government while hearing the petition of the Bar Association in the matter of Law University. The Court asked to the State Government whether it is a government policy that law will prevail or the issues will be decided on road in all matters in future? Whether the land in dispute is the only or last land, which is cultivable land, acquired after coming into force of the Act of 1894 in the state of Bihar and now in the state of Jharkhand till the year 2012? Whether non acceptance of the compensation by cultivators will nullify the land acquisition proceedings undertaken under the Act of 1894? Whether the state government has taken a decision that all lands which have been acquired after the year 1894 or at least since 1957-58, and it was cultivable at that time, shall be declared deacquisitioned and will be returned back to the cultivators? Why this inequitable decision will be for those persons only, whose land have not been violently protested when possession of the land was taken over and whether the Government will be guided by law of violence and will not hear the law abiding persons, who obeyed the law? And if the state government takes a decision that no cultivable land should be acquired, then whether that decision will be prospective in nature or retrospective in operation?

The seven pages order seems to be clearly anti-Adivasis and willing to facilitate the land grab of Adivasis of Nagri village. Needless to say that the people of Jharkhand have been raising their endless voices against the Legislative and the Executive but in the case of Nagri the people have also questioned the functioning of the Judiciary, which is of course not a good sign for the democracy. But do people have any other choice too? The pertaining questions are why people are questioning the Judiciary? Has the Judiciary become anti-Adivasis? Does the Judiciary favour the bigwigs? One needs to find out the answer. If one would closely see the behaviour, intention and orders of the Jharkhand High Court, one would definitely say that the Judiciary is not only anti-Adivasis but it is also anti-poor, anti- Raiyats and anti-Jharkhandis. Dr. Ram Dayal Munda had shared his experiences with the Indian Judiciary in 2007. According to him the Judiciary has become anti people, hence, where from these people will get justice? He had said, “When we approach to the Judiciary, we are scolded. The Judges say, “We cannot hear the Adivasis. These people don’t talk sense”.”

Let’s go into the deeper in this case. When the Raiyats halted the construction work, the Bar Association filed a PIL in the Jharkhand High Court on 3 May, 2012. One would question that why did the Bar Association file a case in the High Court instead of the Law University? Is the Bar Association really worried about the development of the state or its intention was something else behind the case? Was the Law University incapable in filing case or it had some other legal obstacles? The fact is that according to the ‘National University for Research and Studies on Law, Ranchi Act 2010’ enacted by the Jharkhand Legislative Assembly in 2010, the Chief Justice of the Jharkhand High Court will be the Chancellor of the University. The National University for Research and Studies on Law (NURSL), Ranchi was inaugurated in 2010 by its first Chancellor and the Chief Justice of Jharkhand High Court, Justice Gyan Sudha Mishra. When Justice Gyan Sudha Mishra was elevated as the Judge of the Supreme Court in August, 2010, Justice Bhagwati Prasad was elevated as the Chief Justice of the Jharkhand High Court and he became the Chancellor of the NURSL too.

Presently, Justice Prakash Tatia is in the capacity of the Chief Justice of Jharkhand High Court and also working as the Chancellor of the NURSL, Ranchi. Interestingly, Justice Prakash Tatia has been hearing the PIL filed by the Bal Association regarding the land dispute between the Law University and the Raiyats of Nagri village. This is why the Law University didn’t file the case in the court and it went through the Bar Association. It would not have been possible for Justice Prakash Tatia to hear the case if the NURSL, Ranchi would have filed the case in the High Court. However, the most important question may be asked is whether the Chief Justice of Jharkhand High Court has legal or moral rights to hear this case? Is it not a clear case of the conflict of interest? Can a lion be allowed to pronounce judgement in a case between a lamb and a lion? Even if the responsibility is given what would be the judgement? Will lion say that since, the lamb’s ancestors used to live in the territory therefore; the lamb should be allowed to graze the green grass? How can a person heading a constitutional body misuse his power and authority like this? Is it not a mockery of the judiciary?

The Jharkhand High Court has given five orders in this case till the date, and each and every order seems to be full of biasness. Let’s examine some of the significant points in the orders. On 16 July, 2012, the Jharkhand High Court has raised the question whether it is a government policy that law will prevail or the issues will be decided on road in all matters in future? The fact is the Raiyats of Nagri village had opposed the forceful and illegal land acquisition in 1957-58 therefore; the government was unable to acquire their land. However, the government played a trick and deceived the cultivators. The compensation amount was deposited in the treasury and land was presumed to be acquired under the Land Acquisition Act 1894. But in the reality, the villagers were neither informed about it nor their entitlements dismissed in the revenue record. Hence, the Raiyats have possession on the land. They have also paid revenue of the land to the government till 2011. The most important thing is that some of the Raiyats have sold their land to others and it was also registered in buyers’ name by the Circle Officer of Kanke, which means the land was not legally acquired by the Government. Therefore, how can the government declare a land acquired when Raiyats are not ready to bid for their land? Is it only because a colonial Act (Land Acquisition Act 1894) says so?

The government claims that the land was acquired for the Birsa Agriculture University but the fact is the University has declined it. In 2008, the BAU said that it does not own the land when it was asked for a no-objection certificate from the state road construction department, which wanted to construct the ‘Ring Road’ over the land. It means that the government has been illegally and forcefully acquiring the land on the power of gun. The High Court is also not ready to hear the Raiyats’ plea though they have right over the land and produced the entitlement papers in front of the Court. When the court is not ready to accept the official land papers of 60 years, deny the Fifth Schedule provision and CNT Act, then what will they do? Of course, if the democratic institutions are determined to deny the rights and claim of the Raiyats, they will come on to the road and take a decision because this is a democratic country, where the democracy is of the people, for the people and by the people. How can someone decide about the destiny of the villagers in a closed AC room illegally? How can Judges of the Jharkhand High Court forget that the India’s freedom movement and autonomy movement of Jharkhand both were also fought on the road only not in the A.C. Rooms?

The Jharkhand High Court has been attempting to justify the forceful and illegal acquisition of the land. Let’s presume that the land was acquired in 1957-58 and also find out whether the Raiyats’ claim is illegal as the Court has stated in its orders. The land of Nagri village was acquired under the section 17 (4) of the Land Acquisition Act 1984 for the ‘public purpose’ in urgency. In the case of urgency, the land was supposed to be acquired within 15 days of the public notification and it should be free from all encumbrances. But in this case, the government didn’t take position till December 2011. The urgency is also clearly mentioned in section 17 (2) that the necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity. Hence, the extension of the University cannot be urgency under the Act. However, if it was urgency then why didn’t the Government take possession on the land for last 60 years? The High Court says in its order that since, the cultivators didn’t challenge the acquisition in 1958 therefore, the section 17 (4) cannot be challenged after 60 years. The court has neglected the fact that the villages had challenged the land acquisition in 1957-58 and declined the compensation. Is it possible for the cultivators to challenge everything in the court? Can the Court expect from the Raiyats to do so when the Court itself has stated in the order that the majority of the villagers are illiterate and poor? Can court think of patiently for the protection of the rights of these people instead of facilitating the forceful and illegal and grab? The High Court doesn’t have duty to protect the rights of the marginalized people?

Let’s also accept the fact that it was acquired for the extension of the Birsa Agriculture University and Seed Bank. If that is true then why land has been transferred to the IIM, the IIIT and the Law University in free of cost? Is it not the breach of law? And how can the government deceive the Raiyats like this, since, the land was supposed to be acquired for the BAU? According to the Land Acquisition (Amendment and Validation) Ordinance 1967, the acquired land cannot be used for other purposes than said during the acquisition. In the case of the Heavy Engineering Corporation, Ranchi, the Deputy Commissioner of Ranchi wrote to the Land Reform Commissioner in 1991 that the HEC has sub-leased 300 acres of land to other private institutions, which is against of the said purpose in the lease agreement. The letter further states that the sublease is illegal therefore, action should be taken against the HEC. But nothing has happened against the HEC till the date but why the High Court is not taking any action against the HEC? Is the High Court not aware about it?

Similarly, according to the Bihar Land Reforms Act, 1950 (amended in 1972), land acquired before 1972 and not used for the said purpose had to be returned to the tenants back. This Act is applied in this case precisely because when the land said to be acquired, the area was under the state of Bihar. The Land Acquisition Act 1894 also has a provision in section–48, which states that the Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken. The government had not taken possession on the land of Nagri for 60 years. Hence, it was totally free from the acquisition. However, the land was forcefully and illegally captured by the state Government with the power of Gun only in January 2012 therefore, it should be returned to the villagers. But why is the High Court mum on the above fact? Is the Court deliberately covering up the laws, which are in favour of the Raiyats? Why is the Court not questioning the government for bypassing these laws, which are favour of the Raiyats?

According to the Chhota Nagpur Land Tenancy Act 1908, the agriculture land cannot be acquired for non-agriculture purpose. The land of Nagri village is a complete agriculture. However, the Court denied protecting the rights of the Raiyats. Instead, the Court has questioned the Government whether it has taken a decision that all lands which have been acquired after the year 1894 or at least since 1957-58, and it was cultivable at that time, shall be declared deacquisitioned and will be returned back to the cultivators? Why this inequitable decision will be for those persons only, whose land have not been violently protested when possession of the land was taken over and whether the Government will be guided by law of violence and will not hear the law abiding persons, who obeyed the law? The fact is the deacquistion of all lands is not possible but the court should order the government to find out all the displaced masses and rehabilitate them. However, the government should return the unutilized land to the original cultivators wherever it is possible. It is also fact that the people have simply not surrendered their land by obeying the colonial law the Land Acquisition Act 1894 but their lands were forcefully and illegally capture under the terror of Gun since 1894. The history of each and every so-called development project suggests that they Raiyats had protested during the land acquisition therefore, the High Court should order the Government to right the historical wrong instead of forcing the government to continue to historical injustice.

The High Court says that even if the government wants to withdraw the acquisition, it cannot do only for the land of which possession has not been taken. The Court also says that nobody can question the acquisition because it has been acquired by the government for ‘public purpose’ under the section 6 of the Land Acquistion Act 1894. The High Court has referred the provisions of the Land Acquisition Act 1894 and also mentioned that this Act has been enacted by the Parliament and the binding law in the entire country as back as in the year 1894 and since then, thousands and thousands of acres of cultivable land have been acquired under the provisions of this Act of 1894. However, the same court completely forgets that the state of Jharkhand comes under the Fifth Schedule Areas provision made under the Article 244 of the Indian Constitution, where the Governor is empowered to repeal any Act either enforced by the Parliament or the Legislative Assemblies, merely through the public notification if the Law is not suitable for the schedule area to have retrospective effect.

The Governor is also constitutional abided to see whether the Adivasis are alienated from their livelihood resources. According to the Chota Nagpur Tenacy Act 1908, Bhuihari and Khutkatti land cannot be sold and acquired. Some part of Nagri’s land comes under Bhuihari of the CNT Act but why didn’t the Jharkhand High Court notice such protective Law while hearing the case? The High Court has taken cognizance in many cases as sue-motto especially in the cases of corruption and human rights violation in general. However, thousands and thousands of acres of lands have been acquired illegally after bypassing the CNT Act 1908, SPT Act 1955, PESA Act 1996, the Provisions of Fifth Schedule and Forest Rights Act 2006 but why the Court is silence especially in the matters of the Adivasis? Why is the High Court enforcing a colonial law in the state?

The High Court has also said that ‘a country where the laws are framed by the members of state Legislative in the State or by the Parliament in the Parliament and these persons projecting themselves leaders questioning the land acquisition after more than half century, in the year 2012 at time when construction started on the land and they become wiser now and they tried to instigate the innocent persons against the proposed construction. It further mentions that simply because it is known to everybody that state of Jharkhand comprises of more members of Scheduled Caste and Scheduled Tribals and most of the population is poor and illiterate, who can be misguided by slightest elusion picture in the mind of those person’. Ironically, the High Court is not ready to protect the rights of the innocent persons but when they resist to protecting their rights the court coined it as instigated by the vested interest groups. Since, the Court is aware that majority of the people are illiterate and poor, in that case how can the High Court facilitate the alienation of livelihood resources from them? How can the Court deny protecting the rights of these people?

The villagers have been protesting to protect their land. They sat on protest for 125 days, which had begun on 5 March, 2012. They were sitting, eating and sleeping on their agricultural land in day and night even during the mid of summer, consequently, three women – Mangi Oraon, Dashmi Oraon and Tebo Oraon died due to hit by the sun stroke. They died while fighting to protect their ancestral land. Similarly, on 4 April, 2012, when the boundary wall of the IIM was pulled down, only the villagers were present at the spot. The villagers have taken all the decisions and they executed it accordingly. Obviously, the people of 35 villages of adjoining areas are supporting the movement as they have also given the notice for acquisition of their 28,000 acres of land for the proposed greater Ranchi project. Therefore, the Court should not be in illusion that the outsider leaders, social and rights activists are instigating the villagers. Of course, they are supporting them and that is not a crime. The Court has ordered the Government to translate the order and handover to the villagers so that they can understand the fact. When the officers went to handover the Court’s orders to the villagers, they refuge to receive it. Why? Are they again misguided by someone?

The Court also said that those who are challenging the land acquisition were not born when acquisition was done, and had no knowledge about the facts of acquisition. The dispute has been raised only at the instigation of some leaders and is not bonafide, which is apparent from the fact that since last more than 60 years, no body objected to the acquisition of land, make in the year 1957-58. The court has been keeping aside the fact that the Raiyats have been protesting against the land acquisition since 1957-58 and the government also didn’t try again to acquire the land in last 50 years. Meanwhile, the acquisition process was again started in November, 2009 since then, the villagers are protesting against it. It is lie to say that the Raiyats who are protesting are not aware about land acquisition attempted in 1957-58. There are many old people present in the village, who had taken part in the protest in 1957-58. They keep telling that how they had chased away the officers who had come to their village for acquisition of their land.

The High Court has also said that the State should deal with the scrupulous elements effectively to have the progress of the state of Jharkhand for which state of Jharkhand was carved out from the state of Bihar and the establishment of these institutions will also substantially help the public of the state of Jharkhand. The Court should know that the state of Jharkhand was a result of the historical autonomous movement of the Adivasis and Moolvasis therefore; the development should not be done over their graves. The fact is the Adivasis and Moolvasis were never against of the development. They have surrendered thousands and thousands acres of their fertile lands that’s why the state has the Heavy Engineering Corporation, Bokaro Steel Plan, TATA Steel, Power Projects, Irrigation Projects, Mega Dams and Mining Projects. However, the fact is the majority of the Adivasis didn’t even taste the development. Why? Are judges aware, sensitive and honest while dealing with the cases of these people?

The Raiyats of Nagri and the people who are supporting the Nagri Movement are not against of development at all, but they oppose the forceful and illegal acquisition of agricultural land. The People have never opposed the so-called prestigious institutions – IIM, IIIT and Law University. Instead, they have also given the option to the state government to shift these institutions to Kutte village, which is situated merely at a distance of 3 km south from Nagri village, where 1900 acres of barren land available. A prestigious school ‘Sphere International’ has been built up on rocky land on Ranchi-Khunti highway then why these so-called prestigious institutions should be built up only on fertile land? Will these institutions not grow if built up in the barren land? However, a billion dollar question remained unanswered is development for whom and at what cost? The High Court should also find out the answer of above questions before helping the state in land grab.

The Jharkhand High Court said that so far the land of University is concerned, most of the land is not cultivable land and it was not under the cultivation, and further the documents placed on record by the applicants cannot be said to have any relation with the land in question which is handed over to the University. It further says that in fact out of the acquisition land if anybody has cultivated for a short period here and there that will make no difference and will not create any rights to the person. The question is if the land is not cultivable and was not under the cultivation, then how did the villagers of Nagri survived for last 60 years? Were they eating soil and mud for their survival? The court is also not ready to accept the revenue record, Jamabandi (tax of land), land entitlement papers, which villagers had produced in front of the Court. However, the same Court accepted the revenue record produced by the University merely for last six months. Why? Is it not a result of biasness?

The Court says that since the villagers are poor therefore, the government didn’t oppose the payment of compensation with 15 percent interest and in that situation when such interest rate was not prevailing at that time. The fact is that it has been mentioned in the Land Acquisition Act 1894 section- 34 that when the amount of such compensation is not paid or deposited or before taking possession of the land, the Collector shall pay the amount awarded with interest there on at the rate of 9 per annum from the time of so taking possession until it shall have been so paid or deposited. It has been also provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of 15 percent per annum shall be payable from the date or expiry of the said period of one year. Since, the Court claims that the acquisition had been done in 1957-58 in that case, the Court should have asked to the government to pay 9 percent interest in the deposited amount instead of 15 percent at one time. Why is the Court always taking the side of the government? The Court has also said that most of the applicants have received the compensation, which is of course again a lie. The truth is out of 153 cultivators, only 25 cultivators of a particular community had received the compensation. The court also states that the applicants are in possession of the land because of non-payment and non-receiving of the compensation amount, which is completely baseless. The cultivators are determined to protest their land therefore; they are resisting for saving their agricultural land and had always opposed the compensation.

The Court has stated that some persons are misguiding the villagers and imprinting a picture that thereafter the state of Jharkhand will have to starve out and starvation will be because of the non-availability of cultivable land. The court should know that the majority of Jharkhandi people especially the Adivasis depend on agro-forest for their livelihood. Hence, if they are alienated from the livelihood resources, they’ll die due to starvation and it has already started. In fact, the Jharkhand Government has signed MoUs with national and multi-national companies for 104 mega projects. If these MoUs are materialized approximately 2 lakh acres of land will be acquired, and of course, the most part of the land will be agricultural. Consequently, 10 lakh people will lose their livelihood resources and displaced. What will happen to their future? Therefore, the people of Jharkhand are against of conversion of agricultural land for non-agricultural purposes. However, people are not against of development projects if these are being built on the barren land and with the objective of maximum benefit to the local people. The Saranda Forest is crucial example, where more than 50 legal iron-ore mining projects are running but that fact is local inhabitants are not benefited. Why? Though the people are not opposing the so-called prestigious institutions but the question need to be answered is how many Adivasis will be benefited from the IIM, IIIT and Law University too?

The population of the state has been growing very fast therefore, the government should think of how to feeding these masses in future, precisely, because the agriculture lands have been converted for non-agriculture poses in the state very fast. If the Government does not save the agriculture land, will it feed its people with iron, mud and stone? Therefore, the Government must think for judiciously use of the land. How can Government decide to give any amount of land to the private companies? For example, the Jharkhand Government has signed MoU with the Arcellor Mittal Company allowing the company to acquire 25,000 acre of land for an integrated Steel Plant. Similarly, the TATA STEEL was allowed to acquire 24,500 acre and list goes on. On the other hand, thousand acres of land remain unutilized in BSL, HEC and TATA, etc. Are these companies coming to the state for developing it or their intention is to make an empire in the state? Irony is, on the one hand, the state government spends crore of public money for conversion of barren land into agricultural land and the agriculture land is transferred for non-agriculture purposes on the other. Is it not the misuse of public money? Why the Court is quit in these matters?

The Jharkhand High Court seems to be much worried about the future of those students, who have come to the state from the outside for their studies. The Court has mentioned in its order that there are large number of students still living in hostels provided by some authorities of the State Government but by charging huge amount of rent resulting into heavy burden upon the students and otherwise also. But at the same time the Court seems to be non-sensitive towards the children of Adivasis of Nagri. Why? Why is the High Court not worried about the livelihood, education and future of Adivasi children? There are thousands of children in Nagri village, who have been protesting on the road after deserting their schools to save their land because they are well aware that if land is snatched they will have no future. Do these children also have right to education as provided in RTE Act 2009? The Indian Constitution guaranteed equal rights to everyone. But why the Judiciary is biased against the Adivasis? Are these children not the citizens of India? Indeed, it’s very clear that the Judiciary is completely against of the Adivasis.

Ironically, the Law University states in its vision paper that it will develop the ‘Center of excellence for Advocacy of Human Rights with special focus on Tribal Rights’. The moral question is how can the Law University advocate for the rights of Adivasis (tribals) after snatching their livelihood resources for building its centers of excellence? Will it not be an attempt of rubbing salt on Adivasis’ wound? People like Justice Prakash Tatia must read a famous story of Munshi Premchan i.e. ‘Panch Parmeshwar’ before hearing these kinds of cases so that they would be able to deliver justice to the people and also protect the Indian Judicial system. The Justice V R Krishna Iyer once told in the Supreme Court that the ”Judges cannot render justice to the poor because they don’t understand their socio-economic problems. They are from a different world”. The case of Nagri has proved that justice V R Krishna Iyer absolutely right.

On 14 July, 2012, the students mostly outsiders studying in Law University asked us that why are we opposing the construction of Law University at Nagri? If they don’t get the University Campus their future will be at stake? They said that the people elect the government and the acquisition has been done by the same Government therefore, how it can be illegal and forceful? After patiently hearing their queries, I responded them that we are not opposing the Law University but the illegal and forceful acquisition, and we have also given the several options to the Government. But they were not convinced with my answers. However, when I asked them that how many acres lands they have? They responded that each one of them possess some patches of land and houses as well. I immediately asked them to surrender their land to me so that I’ll talk to the government and the Law University would be at their door. They were mum and went back to their hostel. This is one of the living examples, which proves that the elite class is always ready to harvest at any cost and they don’t bother about the marginalized people. And of course, the Indian Judiciary is dominated by them only. If the Raiyats of Nagri village are unable to protect their land, the Adivasis of Jharkhand will not only lose their faith in the India Judiciary but they will also have no faith in the Indian democracy.

Gladson Dungdung is a Human Rights Activist and associated with the Nagri People’s Movement.

Is Mittal Our God?

By Gladson Dungdung

Jharkhandmirror.org

15 January, 2010

L.N. Mittal

On 8 January, 2010, the media (forth realm of the democracy) reported us that the global steel giant Arcelor Mittal Company is all set to desert the state of Jharkhand and Orissa, where the company is not yet able to acquire land for its proposed mega steel plants because of the Adivasis’ protest against the land acquisition. On the next day, a leading daily of Jharkhand came up with a ‘special page’ on Mittal company apart from the auspicious front page story, which concludes with the final verdict “the God is ready to desert Jharkhand”. Of course, the story is not new as the Jharkhandi media carry out this kind of biased reports for the corporate houses regularly.  Continue reading

The Architect of the Adivasis’ Misery

By Gladson Dungdung

6 January, 2010

Jawaharlal Nehru the Architect ...!

The India’s first Prime Minister, Jawaharlal Nerhu, who is also known as the architect of modern India, once said, “Dams are the temples of modern India.” According to him, the big dams would address the issues of hunger and poverty of India. Unfortunately, the big dams only created pains, sufferings and sorrows to the owners (mostly the Adivasis; the indigenous people of India) of the lands, which submerged into the temples of modern India. Similarly, the big industries like Heavy Engineering Corporation, Bokaro Steel Limited, steel companies, coal mining and other mining industries created only misery for the Adivasis. Consequently, the Adivasis became landless, daily wage labourers and servants of the bigwigs after losing their land, forest, water and other livelihood resources.  Continue reading