INDIA: Assault of adivasi (tribal) person and general denial of rights to adivasi community by the upper caste of Nandav village, Gujarat 

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the assault and abuse of two adivasis by the upper caste of Nandav village, Gujarat, India on 8 and 15 December 2003, and the general denial of rights and dignity to the entire adivasi community.

Jayeshbhai Vasava (22) was assaulted by a group of upper caste people around 8.00 pm on 15 December 2003 near Jalaram temple in the village. Due to this, he suffered serious injuries. The assault followed the encroaching of common land by upper caste people of the village, who have since built a buffalo shed and placed a gas plant on the land. This action has denied the adivasis the use of this common land and poses a considerable nuisance to their lives. Complaints were lodged with the Vigilant Officer, Collector, the police department and the local MLA regarding this matter but, no action has been taken. The concerned government authorities have also failed to take any steps to return the encroached land, or to allot the age-old path to the adivasis.

AHRC notes with great concern that there is no proper mechanism for the effective implementation of The Scheduled Castes and the Scheduled Tribes (prevention of Atrocities) Act 1989, in India. Many complaints have been made under this Act but very little has been done in response. There is also great reluctance on the part of those who are responsible for its implementation to do so.

We call for your urgent intervention in this case. Please send letters to the Ministers in charge of the Department of Home and the Department of Adivasi affairs, Gujarat requesting them to order a thorough and proper enquiry so that justice is brought to all.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
————————————————————
DETAILED INFORMATION:

Name of the victims: Jayeshbhai, age 22
Address: Nandav village, Taluka Mangrol, District Surat, Gujarat, India
Place of incident: Near Jalaram temple at Nandav village
Date of incidents: 15 September 2003

Name of perpetrators:

Dr. Pinakin, Shailendrasing, Indrajit, Jagdish

Case Details:

Nandav village has a mixed population of Adivasis and upper castes. The adivasis live in a hamlet. Adjoining the adivasi hamlet is common land. This common land is the property of the village panchayat (local governing body). There is a path leading to the adivasi hamlet through this common land.

A Mr Gambhirshing encroached this common land in the year 2002. He put up a fence around this encroached land, raised up the level of this place to 2 feet height and erected a buffalo shed and a gobar gas plant on it. Due to this, the adivasis were forced to walk around the village. They also had to contend with the buffalos waste, excessive gutter water and the gas plant. These factors caused considerable air pollution, massive mosquitos’ populations, and affected the health of the adivasis.

The victims complained to the Sarpanch (village head or is an adivasi himself) of the Pnachayat against this on 22 March 2002. The matter was discussed in the gram sabha (village assembly) and a notice was sent to Gambhirsingh. Through an advocate’s reply Gambhirshing claimed that he was the owner of the common land. From that point on, a tense situation has existed between the two communities.

On 27 June 2002 Mr. Ramjibhai Vasava, a representative of the adivasis in the village, made a police complaint at Kosamba police station with regard to the encroachment. But the police refused to take down his complaint. So he gave a written complaint to the police station which was registered as App. No. 136/02. Mr. Ramjibhai once again made complaints to the Executive Magistrate (Mamlatdar) and the Taluka Development Officer (TDO) of Mangrol on 1 July 2002 requesting them to remove the encroachment and the nuisance caused by it.

Savitaben Vasava who is the wife of Ramjibhai Vasava on 8 December 2003, told Dr. Pinakin not to cause a nuisance. In response he abused and threatened her. Her husband Ramjibhai made a written complaint to the Vigilant Officer of Social Welfare Department of Surat informing him of this incident and requesting him to help. The same complaint was forwarded to the District Superintend of Police, the District Collector and also to the Member of Legislative Assembly of Mangrol. However, no action has been taken.

Infuriated by such complaints, Dr.Pinakin filed a police complaint against some adivasis of the hamlet, including Ramjibhai and Jeyeshbhai. The police took action action immediately and arrested the adivasis. They were released on bail on 15 December 2003 by the Mangrol court. After being released by the court, the adivasis were returning home. Dr. Pinakin, Shailendrasing, Indrajit, Jagdish and a few others, all belonging to the upper caste, confronted them at the Jalaram Temple with sticks, iron rods. They then started to assault them and abuse them and the entire adivasi group. Jayeash was severely injured and the Sarpanch was assaulted too.

After this incident, Jayeshbhai was admitted to the Mirambai Hospital Kosamba for treatment. Later he was shifted to the Civil Hospital in Surat for further treatment. The Sarpanch, Rameshbhai, who was one of those returning from the court, lodged a police complaint on 15 December 2003 at Mangrol police station. The complaint no. is: 16/03.The crime has been registered under Sections 143, 147, 148, 149, 324, 323, 504, 506(2) of the Indian Penal Code (IPC) and also under Section 3(1)(10) of the SC/ST Atrocity Act 1989. No action has been taken despite these efforts. The suffering still continues.

The adivasi villagers maintain that the police have taken no action in relation to this matter because of the general treatment and attitudes towards adivasis across India. As a marginalised community within India, and despite laws established specifically for their protection, the adivasis suffer extreme indignity and inequality within their country. Despite the existence of the Scheduled Caste-Scheduled Tribes Prevention of Atrocities Act (1989), which gives special protection to marginalized communities such as the adivasis, including in regard to land being forcibly taken away from them, the act is never used. In most cases the police refuse to entertain complaints made by adivasis, and if by chance they do register a complaint, they do so under other legislation.

The AHRC urges the Government of Gujarat to immediately investigate this matter and act accordingly so that the adivasi people of this village can live in dignity. We also urge the Government of India to provide effective mechanism for the implementation of the Atrocity Act 1989.

SUGGESTED ACTION:
Please send letters to the Ministers of the Home Department and the Adivasi Department urging them to thoroughly investigate this matter and prosecute those involved in the attacks on the adivasis villagers. Please ask them to also intervene in the land encroachment issue and return to the common land to the entire village. Finally, authorities must ensure that disciplinary action is taken against those police officers who neglected their duty, when asked to respond to the complaints of the adivasis.

——————————————————————-

To support this case, please click here: SEND APPEAL LETTER