Image: The Hindu
As many as nine human rights activists were accused of “disrupting peace” on October 29, 2021, days after joining a protest condemning illegal mining in Surjagad region of Gadchiroli, Maharashtra.
The district’s local Adivasi communities have been fiercely opposing the 25 government-sanctioned mines in the area. They say mining licenses are illegal because the affected gram sabhas never gave permission for the same. As per sections of the Forest Rights Act 2006 and environmental clearance criteria, any infrastructure or development project must be approved by the communities living in or around the concerned site area.
To assert their rights, nearly 4,000 protesters gathered on October 25, to observe a peaceful morcha that ended at Etapalli. However, days later, a police force with nearly 300 personnel strength arrived at the protest site at 5:45 AM and detained Sainu Gota, Sheela Gota, Ramdas Jarate, Jaishree Velda, Nitin Pada and Amol Marakwar.
The activists were taken to Aheri police camp where they were charged under various IPC charges and section 2 of the Epidemics Act. Four more activists Lalsu Nagoti, Prajwal Namulwar, Premila Kulyami were charged in this FIR. All these people are Human Rights Defenders (HRDs), some of whom hold public office in the Zilla Parishad and Panchayat. Marakwar is also the Communist Party of India (Marxist) District Secretary.
As per media reports, Superintendent of Police Ankit Goyal said that the protests took place despite the Section 144 order of Etapalli’s sub-divisional magistrate. Further, as many as 100 unnamed individuals were charged for the IPC charges.
Despite getting bail by 5:30 PM, they were not released until 9:15 PM. During this time, Inspector Patil confiscated Jarate’s and Velda’s phone and later denied doing so even though the belongings were found in the same police station and returned a few days after. Since then, the activists voiced their fear of being charged and implicated in false cases based on evidence that may be planted in their phones.
Reacting to this, authorities like the Human Rights Defenders – Alert said, “The confiscation of the mobile phones of the two HRDs without a warrant is blatantly illegal. Moreover, the disappearance of the phones and subsequent denial by the police official of having confiscated the phones raises several grave questions to the intent of the official as well.” It also questioned the legitimacy of the FIR saying, “The imposition of section 144 against a peaceful sit-in protest is misuse of the powers provided under it.”
The organisation called the disruption of peace charges an overreach intended to target local leaders protesting illegal mining and land acquisition. Other HRDs like Panchayat Samiti Chairman Goi Kodape, and Deputy Chairman Sukhram Madavi have also been issued notices under the same FIR.
HRD Alert demanded that police officials guilty of misuse of law, arbitrary detention, and arrest under fabricated charges, be held accountable and penalised, and that the fake cases be quashed. Particularly Inspector Patil must face an enquiry for confiscating phones of the HRD couple.
“Procedures laid down under the DK Basu guidelines were flouted. The detention and arrest are in contravention to the UN declarations and amounts to a direct attack on the fundamental rights to freedom of speech and expression and to peacefully assemble guaranteed in Article 19 of the Indian constitution,” said Working Secretary Henri Tiphagne.
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