Interim Observations of the Jury, 11th April 2010
The jury heard the testimonies of a large number of witnesses over three days from the States of Chhattisgarh, Jharkhand, West Bengal and Orissa as well as some expert witnesses on land acquisition, mining and human rights violations of Operation Green Hunt. The immediate observations of the Jury are as follows:
Tribal communities represent a substantial and important proportion of Indian population and heritage. Not even ten countries in the world have more people than we have tribals in India. Not only are they crucial components of the country’s human biodiversity, which is greater than in the rest of the world put together, but they are also an important source of social, political and economic wisdom that would be currently relevant and can give India an edge. In addition, they understand the language of Nature better than anyone else, and have been the most successful custodian of our environment, including forests. There is also a great deal to learn from them in areas as diverse as art, culture, resource management, waste management, medicine and metallurgy. They have been also far more humane and committed to universally accepted values than our urban society.
It is clear that the country has been witnessing gross violation of the rights of the poor, particularly tribal rights, which have reached unprecedented levels since the new economic policies of the 90s. The 5th Schedule rights of the tribals, in particular the Panchayat Extension to Scheduled Areas (PESA) Act and the Forest Rights Act have been grossly violated. These violations have now gone to the extent where fully tribal villages have been declared to be non-tribal. The entire executive and judicial administration appear to have been totally apathetic to their plight.
The development model which has been adopted and which is sharply embodied in the new economic policies of liberalization, privatization and globalization, has led in recent years to a huge drive by the state to transfer resources, particularly land and forests which are critical for the livelihood and the survival of the tribal people, to corporations for exploitation of mineral resources, Special Economic Zone (SEZs), and other industries most of which have been enormously destructive to the environment. These industries have critically polluted water bodies, land, trees, plants, and have had a devastating impact on the health and livelihoods of the people. The consultation with the Gram Sabhas required by the PESA Act has been rendered a farce, as has the process of Environment Impact Assessment of these industries. This has resulted in leaving the tribals in a state of acute malnutrition and hunger which has pushed them to the very brink of survival.
It could well be the severest indictment of the State in the history of democracy anywhere, on account of the sheer number of people (tribals) affected and the diabolic nature of the atrocities committed on them by the State, especially the police, leave aside the enormous and irreversible damage to the environment. It is also a glaring example of corruption financial, intellectual and moral sponsored and/or abetted by the State, that characterizes today’s India, cutting across all party lines.
Peaceful resistance movements of tribal communities against their forced displacement and the corporate grab of their resources is being sought to be violently crushed by the use of police and security forces and State and corporate funded and armed militias. The state violence has been accentuated by Operation Green Hunt in which a huge number of paramilitary forces are being used mostly on the tribals. The militarization of the State has reached a level where schools are occupied by security forces.
Even peaceful activists opposing these violent actions of the State against the tribals are being targeted by the State and victimized. This has led to a total alienation of the people from the State as well as their loss of faith in the government and the security forces. The Government both at the Centre and in the States must realize that it’s above-mentioned actions, combined with total apathy, could very well be sowing the seeds of a violent revolution demanding justice and rule of law that would engulf the entire country. We should not forget the French, Russian and American history, leave aside our own.
Recommendations:
1. Stop Operation Green Hunt and start a dialogue with the local people;
2. Immediately stop all compulsary acquisition of agricultural or forest land and the forced displacement of the tribal people;
3. Declare the details of all MOUs, industrial and infrastructural projects proposed in these areas and freeze all MOUs and leases for non-agricultural use of such land, which the Home Minister has proposed;
4. Rehabilitate and reinstate the tribals forcibly displaced back to their land and forests;
5. Stop all environmentally destructive industries as well as those on land acquired without the consent of the Gram Sabhas in these areas;
6. Withdraw the paramilitary and police forces from schools and health centres which must be effectuated with adequate teachers and infrastructure;
7. Stop victimizing dissenters and those who question the actions of the State;
8. Replace the model of development which is exploitative, environmentally destructive, iniquitous and not suitable for the country by a completely different model which is participatory, gives importance to agriculture and the rural sector, and respects equity and the environment;
9. It must be ensured that all development, especially use of land and natural resources, is with the consent and participation of the Tribal communities as guaranteed by the Constitution. Credible Citizens Commissions must be constituted to monitor and ensure this; and,
10. Constitute an Empowered Citizens Commission to investigate and recommend action against persons responsible for human rights violations of the tribal communities. This Commission must also be empowered to ensure that tribals actually receive the benefit of whatever government schemes exist for them.
The Independent Peoples Tribunal took place from 9th 11th April, 2010, at the Constitution Club, New Delhi. This was organized by a collective of civil society groups, social movements, activists, academics and concerned citizens in the country. The peoples jury, comprising of Honble Justice P. B. Sawant, Justice H. Suresh, Professor Yash Pal, Dr. V. Mohini Giri, Dr. P. M. Bhargava, and Dr. K.S. Subramanian heard testimonies from the affected people, social activists and experts from Andhra Pradesh, Chhattisgarh, Jharkhand, Orissa, and West Bengal.
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