Andhra Pradesh | SabrangIndia News Related to Human Rights Mon, 23 Jun 2025 11:49:20 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Andhra Pradesh | SabrangIndia 32 32 Dalit and Tribal girls brutalised in Andhra Pradesh: Twin crimes lay bare caste violence and systemic collapse https://sabrangindia.in/dalit-and-tribal-girls-brutalised-in-andhra-pradesh-twin-crimes-lay-bare-caste-violence-and-systemic-collapse/ Mon, 23 Jun 2025 11:48:59 +0000 https://sabrangindia.in/?p=42412 From the two-year gang-rape of a 15-year-old Dalit girl to the public torture of a 10-year-old Adivasi child, Andhra Pradesh reels under the weight of caste atrocities, bureaucratic silence, and political blame games

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Two horrifying cases of violence against minor girls from marginalised communities in Andhra Pradesh have shaken the conscience of the state. In one, a 15-year-old Dalit girl was allegedly gang-raped by 17 men over a span of nearly two years, leaving her eight months pregnant. In the other, a 10-year-old Adivasi (Scheduled Tribe) girl was brutally assaulted—stripped and burned with a hot stick—on the mere suspicion of stealing a mobile phone.

Both cases have exposed the terrifying impunity with which caste- and tribe-based violence continues to unfold, and the utter failure of systems meant to protect vulnerable children. As outrage grows, questions are being raised not just about the perpetrators, but about a state structure that remains indifferent to the safety and dignity of its most marginalised.

10-year-old Adivasi girl stripped and burned

Even as outrage over the gang-rape case mounted, another incident emerged from a different part of Andhra Pradesh—this time allegedly involving a 10-year-old tribal girl from the Scheduled Tribe (ST) community. The child was falsely accused of stealing a mobile phone. In a disturbing act of mob violence and humiliation, she was allegedly stripped of her clothes and her body was burned with a hot stick, inflicting grievous injuries.

As per a report of NDTV, the child, Chenchamma, lived with her aunt, Sannari Manikyam, at the Scheduled Tribe Colony in Kuditepalem Kakarla Dibba of the district. Suspecting that Chenchamma stole a mobile phone from a nearby house, the neighbours allegedly burned her body with a hot iron rod and beat her. 

As per the report of the Indian Express, the police in Indukurupet Mandal in Nellore detained at least two people in connection with the alleged torture of the girl. Other neighbours heard the girl’s cries when she was allegedly being burnt with a hot iron rod on her cheeks. They rescued her and called the police before shifting her to a government hospital, where she was given treatment and discharged.

The girl denied going to the neighbour’s house, let alone stealing a phone, and claimed innocence. We have registered an FIR and detained two people for questioning,’’ an officer from the Indukurupet police station said, as per the IE report.

Two years of silence: Minor Dalit girl raped for two years by 17 individuals

In a case that has exposed the horrific intersections of caste, gender, and institutional apathy, a 15-year-old Dalit girl from Sri Satya Sai district in Andhra Pradesh has been found eight months pregnant after allegedly being gang-raped by 17 individuals over a period of nearly two years. The abuse, police say, began when the girl was just 13 years old and continued in silence—unreported and unchecked—until earlier this month, when her mother finally approached the authorities.

Thirteen of the 17 accused have been arrested so far, including three minors. The main accused, who is believed to have initiated the cycle of abuse, remains absconding. All the adult accused have been remanded to judicial custody, while the minors are under the jurisdiction of the Juvenile Justice Board. A case has been registered under several stringent provisions of the Protection of Children from Sexual Offences (POCSO) Act, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Bharatiya Nyaya Sanhita (BNS), and the Information Technology Act, 2000.

A cycle of exploitation and silence: According to the police investigation, the abuse began when the girl was studying in Class 8. After her father’s death three years ago, she and her mother—belonging to the Madiga (Scheduled Caste) community—had moved to a small village near the Karnataka border. The family, impoverished and socially marginalised, was struggling to survive.

As per the report of India Today, one day, after school, the girl and her SC classmate were reportedly photographed by a member of the local Boya community. The Boyas are a dominant and politically influential caste in the region. The accused used these images to blackmail the girl, threatening to release them on social media. Two men then sexually assaulted her. The incident was filmed and circulated among their acquaintances, leading to a pattern of repeated rape by at least 14 men over two years.

The remand report and survivor’s statement reveal that the blackmail, coercion, and threats never stopped. As per a report of the Indian Express, “It was her age, her caste, and her social vulnerability that made her easy prey,” said District Superintendent of Police V Ratna. “The exploitation was systematic and prolonged. This was not just one incident, it was organised abuse that continued for two years.”

The men who allegedly assaulted her are aged between 18 and 51. Most of them belong to the Boya community, while three others, including her classmate, are from the SC community and are being investigated for failing to report the abuse.

Arrests and charges: On June 9, police arrested six individuals:

  • Achampalli Vardhan (21)
  • Talari Murali (25)
  • Badagorla Nandavardhan Raj alias Nanda (23)
  • Arencheru Nagaraju alias Haryana Cheruvu Nagaraju (51)
  • Boya Sanjeev (40)
  • Budida Rajanna (49)

Seven others were arrested the following day, including minors. The main accused remains at large. Police say several of those arrested already have criminal records. A special investigation team has been formed under Dharmavaram subdivision to trace the absconding accused, as per The Week.

The case has been registered under sections related to rape, gang-rape, criminal intimidation, and the use of technology for exploitation. The police have also sought permission for a DNA test on the unborn child, which will be critical for the prosecution.

Systemic failure at every level

This case has laid bare deep institutional failings. Despite being a government school student, the girl dropped out of Class 10—a critical academic year—without her teachers raising any concern or notifying authorities. “It is unimaginable that a child disappears from school and nobody asks why,” said SP Ratna, as reported by IE. “Even after she became visibly pregnant, nobody in the village reported it.”

Local welfare structures, too, failed to intervene. The Grama Mahila Samrakshana Karyadarsi, a village-level cadre of women volunteers who serve as ‘Mahila Police’, did not conduct any welfare checks. Neither did Accredited Social Health Activist (ASHA) workers, who are supposed to monitor maternal and child health at the community level.

We are looking into these failures. These systems are in place specifically to protect vulnerable children. Their inaction has consequences,” Ratna added, according to the IE report.

Caste, power and pressure to stay silent: According to local officials, who spoke with the IE, the caste dynamics in the village were crucial in enabling the silence. The survivor’s family belongs to the Madiga community, a Scheduled Caste group with minimal presence in the village. Of the 17 accused, 14 belong to the powerful Boya community. Police say that when the case began to unravel, Boya community leaders attempted to suppress it by pressuring the girl to marry her SC classmate—one of the minors now under investigation—to give the appearance of consent and close the matter.

“Despite the survivor being visibly pregnant, no one reported the crime. The silence of the village was not accidental—it was imposed through caste hierarchies and social fear,” said a senior official involved in the investigation as per the IE report.

Ongoing care and state protection: As per the report of Deccan Herald, the survivor is now under medical care at the Government General Hospital in Anantapur. Doctors have confirmed that abortion is not an option due to the advanced stage of pregnancy. The girl, who is anaemic and struggling with depression, is receiving counselling, nutritional support, and round-the-clock care.

She will not be sent back to the village after delivery. Instead, both mother and newborn will be shifted to a state-run women’s shelter. “We fear coercion. Even from jail, these men could pressure the family to withdraw the case,” the SP said, as per IE report.

The state has also moved to obtain court permission for DNA testing of the unborn child. Police say this will strengthen the case and help establish individual responsibility among the accused.

Political fallout: The case has triggered political controversy and public outrage. Andhra Pradesh Chief Minister N. Chandrababu Naidu expressed shock over the incident, calling for swift investigation, speedy trial, and strict punishment for the accused. “Strong evidence must be collected to ensure that the guilty do not escape justice,” he said in a statement.

Opposition leader and former Chief Minister Jagan Mohan Reddy of the YSR Congress Party, however, accused the TDP government of shielding perpetrators with political links. In a post on X (formerly Twitter), Reddy wrote: “As an indicator of Govt’s insensitivity, the state has witnessed 188 rapes and 15 rape-murders in one year. Even recently, an Intermediate tribal student from Anantapur was found murdered and dumped in the woods after a brutal attack.”

He further questioned the TDP’s commitment to women’s safety, calling the situation “disgraceful” and “preposterous”.

Systemic negligence and caste impunity

The intersection of caste, poverty, and gender has made SC/ST girls disproportionately vulnerable to abuse. Both these cases reveal not just individual acts of brutality, but a pattern of systemic neglect, caste dominance, and institutional collapse. In the Dalit girl’s case, school teachers failed to follow up on her sudden dropout in Class 10. ASHA workers, Mahila Police volunteers, and child protection officials did not intervene despite visible red flags. In the tribal child’s case, the violence remained hidden until the neighbours raised an alarm.

The lack of early intervention, social stigma, and fear of dominant caste groups contributed to the silence in both cases. In the gang-rape case, Boya community leaders reportedly tried to pressure the survivor into marriage to close the matter. In the tribal girl’s case, no community elder stepped in to stop the torture or report the crime.

Related:

Rajasthan’s rape crisis: a string of horrific crimes challenges the state’s record on women’s safety

Encroachment or erasure? India’s demolition wave and the law

Mapping Hate: The Pahalgam Attack and its ripple effects

A Pattern of Impunity? This report details horrific crimes against Dalits in UP, Rajasthan, MP and beyond

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“No One is Above the Law”: Supreme Court demotes Deputy Collector for demolishing a slum settlement by flouting HC order https://sabrangindia.in/no-one-is-above-the-law-supreme-court-demotes-deputy-collector-for-demolishing-a-slum-settlement-by-flouting-hc-order/ Tue, 20 May 2025 04:29:44 +0000 https://sabrangindia.in/?p=41813 In a scathing yet balanced judgment, the apex court confirms contempt conviction of an Andhra Pradesh officer for defying a High Court order, orders demotion and fine in lieu of jail, and reaffirms that judicial authority is sacrosanct in a constitutional democracy

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On May 9, 2025, the Supreme Court of India delivered a powerful and instructive judgment in a case involving the contemptuous disobedience of judicial authority by a serving bureaucrat. The Court ordered the demotion of a Deputy Collector in Andhra Pradesh to the post of Tahsildar, and imposed a fine of ₹1 lakh, after holding him guilty of wilful contempt of court for disobeying a subsisting order of the Andhra Pradesh High Court. The case, while centred on a specific act of disobedience, served as a larger platform for the Court to reassert two critical constitutional values: the supremacy of judicial orders and the principle of equality before the law.

Through strong language and principled restraint, the bench of Justices B.R. Gavai and A.G. Masih sent a clear message to public servants across India—no one is immune from the consequences of flouting judicial authority, and arrogance of power is no defense when confronted with the authority of law.

Factual background

The roots of the case trace back to the actions of the petitioner while serving as a Tahsildar in the Guntur district of Andhra Pradesh. During his tenure, the petitioner oversaw a demolition operation targeting a slum settlement, despite the existence of a categorical direction from the Andhra Pradesh High Court prohibiting any such eviction or demolition.

According to records and the observations of the High Court, the petitioner orchestrated the demolition using a force of approximately 80 police personnel, thereby displacing numerous slum-dwellers, many of whom were from socio-economically weaker sections. The Court emphasized the inhumanity and callous disregard for judicial authority in his conduct.

Upon discovering this blatant breach, the Andhra Pradesh High Court initiated contempt proceedings, resulting in a finding of civil contempt under Section 2(b) of the Contempt of Courts Act, 1971. The petitioner was convicted and sentenced to 2 months’ simple imprisonment.

The petitioner, by then promoted to the rank of Deputy Collector, filed a Special Leave Petition (SLP) before the Supreme Court, challenging the sentence imposed, though not disputing the conviction.

The May 6 Hearing: Disobedience, arrogance, and judicial rebuke

During the hearing on May 6, 2025, the Supreme Court, having earlier issued notice on the sentencing aspect, explored the possibility of adopting a non-custodial punishment, considering the petitioner’s family circumstances, particularly his two children studying in Classes XI and XII.

The Bench had asked Senior Advocate Devashish Bharuka, appearing for the petitioner, to seek instructions on whether the officer was willing to accept demotion to his original rank of Deputy Tahsildar as a substitute for imprisonment.

However, when the matter resumed on May 6, Bharuka informed the Court that the petitioner had categorically refused to accept demotion. This response shocked and angered the Bench, which had already shown considerable leniency.

As per a report of LiveLaw, Justice Gavai observed:

We were trying to save his career for the sake of his children. But his adamant attitude shows exactly how he must have treated the High Court’s orders—with defiance and contempt.”

Justice Gavai questioned the petitioner’s lack of remorse, invoking a piercing moral argument:

When you led 80 policemen to demolish homes of the poor, did you remember God then?”

Even though the Court offered a middle path—to demote him only to the post of Tahsildar instead of the originally proposed Deputy Tahsildar—the petitioner remained unyielding. The Court warned that such arrogance and non-cooperation would not go unpunished.

The Bench went so far as to threaten dismissal and career-ending observations in the Court’s final order. According to the LiveLaw report, Justice Gavai issued a sharp caution:

If he remains this adamant, not only will we dismiss the petition, but we’ll pass such stringent remarks that no authority will dare reinstate him. He thinks he’s close to the government—he must be a protocol director—but that doesn’t protect him from the law.”

Ultimately, on Bharuka’s request, the matter was adjourned to May 9, with the Bench giving a final opportunity for the petitioner to reconsider his position. Before adjourning the matter to May 9, the Court again urged Bharuka to convince the petitioner, stating that the window for leniency was quickly closing. Justice Gavai concluded the session with a damning indictment of the petitioner’s character:

“He threw people out of their homes. We don’t want to become like him.”

This moment revealed the Court’s moral compass—driven by law, but not devoid of empathy.

Arguments advanced by the parties:

Petitioner sought leniency in sentencing, citing:

  • The potential loss of livelihood if the officer was imprisoned.
  • The educational needs of the petitioner’s two children, studying in Classes XI and XII.
  • The economic impact on the family.
  • Emphasised the absence of malicious intent behind the demolition.

Respondent opposed leniency, arguing:

  • The act amounted to a gross abuse of power.
  • It was a deliberate, calculated disobedience of a judicial order.
  • The officer’s callousness towards poor slum dwellers demonstrated complete insensitivity.

The May 9 Judgment: Conviction confirmed, sentence modified

When the matter was resumed on May 9, the petitioner, through counsel, finally agreed to the Court’s proposal for demotion, prompting the Bench to adopt a measured sentencing approach. Emphasizing the sanctity of judicial authority, the Court declared that no public servant, regardless of rank, can flout court orders with impunity. The bench observed:

When a Constitutional Court or for that matter, any court issues any direction, every person or authority regardless of rank, is duty bound to respect and comply with that order. Disobedience of the orders passed by the court attacks the very foundation of the rule of law on which the edifice of a democracy is based.” (Para 16)

“The majesty of law lies not only in punishing but also in forgiving when appropriate.” (Para 11)

Though the Court took a lenient view of the sentence to protect the interests of the officer’s family—particularly his two school-going daughters—it maintained a firm stance on the principle of accountability. Justice Gavai explained that the lenient sentence was not because the petitioner was entitled to it, but because of the collateral impact on his innocent family:

“While we are of the considered view that the appellant does not merit any leniency on account of his adamant and callous conduct, we find that his children and family should not suffer as a consequence of his actions.” (Para 12)

A custodial sentence, the Court observed, would lead to dismissal from service and deprive his family of livelihood. Hence, a balance was struck by demoting the officer and fining him. The Court rebuked the petitioner for expecting humanitarian consideration while himself having acted in a “cruel and inhumane” manner toward vulnerable slum dwellers. The bench made it clear that compassion cannot be a one-way street:

We are of the view that the appellant ought to have considered the consequences before demolishing the structures of the home dwellers and throwing them on the road along with their belongings and that too despite of the specific warnings given to him by the High Court in its order dated 11th December 2013.” (Para 8)

“The actions of the appellant were inhumane. If the appellant expects this Court to take a humanitarian approach, such conduct was not expected from him.” (Para 9)

The Bench made it clear that this order would be reportable, underscoring its precedential value and public importance.

Observations of the Court in its judgement

  1. Wilful disobedience under the Contempt of Courts Act, 1971

The judgment affirms the importance of strict liability in contempt cases involving public servants. The petitioner’s act of leading a demolition drive in defiance of a High Court order fits squarely within the statutory definition of civil contempt (Section 2(b))—i.e., “wilful disobedience to any judgment, decree, direction, order, writ or other process of a court.”

The petitioner neither denied the act nor contested the High Court’s finding—only the sentence. This posture itself demonstrated a lack of contrition, further justifying the Supreme Court’s harsh words and disciplinary outcome.

2. Constitutional Principles: Rule of law and judicial supremacy

The Court’s declaration—“No one, howsoever high, is above the law”—reiterates Article 14 (equality before law) and the rule of law doctrine, which anchors the Indian constitutional framework.

In asserting that all public authorities are bound to comply with judicial directions, the Court reaffirmed the idea that judicial decisions are binding, not advisory. Any defiance is not merely administrative overreach—it is a constitutional violation.

3. Doctrine of proportionality in sentencing

While upholding the conviction, the Court applied the doctrine of proportionality in modifying the sentence. It balanced:

  • The gravity of the misconduct (violence, illegal eviction),
  • The need to protect judicial authority,
  • And the mitigating circumstances (impact on the petitioner’s children, loss of livelihood).

By opting for demotion instead of jail time, the Court imposed a meaningful penalty that retains institutional deterrence, yet spares innocent dependents. This is a progressive model of judicial balancing, serving both justice and mercy.

4. Accountability in public office

This case signals a strong institutional message to bureaucrats and political functionaries: administrative power is not a shield against accountability. The petitioner’s reliance on political proximity and his title as “Director of Protocol” was dismissed as irrelevant to his duty to obey court orders.

Key directions and rationale of the court

  • The petitioner was demoted from Deputy Collector to Tahsildar, with a direction that future promotions may only be considered from this new post.
  • He must also pay a fine of ₹1 lakh within four weeks.
  • The Court underscored that serving 48 hours in jail would have resulted in automatic dismissal from service, potentially jeopardizing the livelihood of his entire family—including two school-going children. This humanitarian concern led the Court to temper the sentence, while not absolving the officer of guilt.

Conclusion: A Judicial Message for the Nation

This judgment is far more than a disciplinary order—it is a constitutional proclamation. It reasserts the inviolability of judicial orders, calls out bureaucratic impunity, and restores faith in the majesty of the law. It demonstrates how the Supreme Court can be stern without being cruel, compassionate without being weak.

Through sharp rebuke and calibrated justice, the Court has immortalized a powerful message:

Disobedience of the orders passed by the court attacks the very foundation of the rule of law on which the edifice of a democracy is based.” (Para 16)

This case will serve as a template for future contempt proceedings, a reminder to public officials about their constitutional obligations, and an example of how courts can defend the powerless against the powerful.

The complete judgement may be read below.

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A Republic That Listens: The Supreme Court’s poetic defence of dissent through Imran Pratapgarhi judgment

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Judicial Setback: Supreme Court dilutes Bombay HC’s bold stand on police accountability in custodial killing in Badlapur case

 

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Supreme Court pulls up Andhra CM for making unsubstantiated public remarks on Tirupati laddu ghee, which led to controversy https://sabrangindia.in/supreme-court-pulls-up-andhra-cm-for-making-unsubstantiated-public-remarks-on-tirupati-laddu-ghee-which-led-to-controversy/ Mon, 30 Sep 2024 12:51:13 +0000 https://sabrangindia.in/?p=38051 Bench of Justices BR Gavai and KV Viswanathan question timing of CM’s statements amid ongoing investigation on the ghee; stress need for prudence in sensitive religious matters

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On September 30, the Supreme Court of India reprimanded Andhra Pradesh Chief Minister N Chandrababu Naidu for making public allegations about the use of adulterated ghee in the preparation of laddus offered as prasadam at the Tirumala Tirupati Temple. The Court questioned the appropriateness of the Chief Minister’s statements, given that the matter was still under investigation. It was also noted that a laboratory report indicated that the ghee samples tested were rejected batches, not those actually used in making the prasadam.

A bench consisting of Justices BR Gavai and KV Viswanathan was hearing three petitions seeking a court-monitored investigation into the controversy surrounding Tirupati laddus. The said issue surrounding the use erupted during September mid, after Andhra Pradesh Chief Minister N. Chandrababu Naidu claimed that the world renowned consecrated sweet Tirupati laddus contain “beef tallow, fish oil” and other substandard ingredients. The purported lab report that was being replied upon by CM Naidu also claimed the presence of “lard” (relating to pig fat) in the samples. Notably, the samples of the Tirupati laddu were sent to a Gujarat-based livestock laboratory, and the sample receipt date was July 9, 2024 and the lab report was dated July 16.

In its order, the bench highlighted the significance of the case, stating that it involves the religious sentiments of millions worldwide. The bench noted that the Chief Minister went public on September 18, accusing the previous government of using adulterated ghee with animal fat in the laddus. However, the Chief Executive Officer of the Tirupati Tirumala Devasthanam (TTD) had denied these claims, stating that such ghee was never used. The petitions filed sought an independent investigation and regulation of the manufacturing of prasadam at religious trusts.

Brief about the petitions:

So far, five petitions have been filed seeking various reliefs, including a Court-monitored investigation into allegations regarding the adulteration of ghee used in the preparation of Tirupati laddus and greater accountability in Hindu temples managed by government bodies.

  1. Petition by Suresh Khanderao Chavhanke

Suresh Khanderao Chavhanke, Editor of Sudarshan News TV, has filed a petition seeking an investigation by a committee led by a retired Supreme Court judge or a retired High Court Chief Justice into the issue. He has argued that using non-vegetarian ingredients in the prasadam violates the fundamental religious rights of devotees under Articles 25 and 26 of the Constitution, which protect the freedom of religion and the right of religious groups to manage their affairs. Chavhanke has also requested the appointment of a retired judge to oversee the management of temples to ensure transparency and adherence to religious customs.

  1. Petition by Surjit Singh Yadav

Surjit Singh Yadav, President of Hindu Sena, has filed a second petition seeking an investigation by a Special Investigation Team (SIT) into the alleged use of adulterated ghee in the laddus. Yadav claims that the use of animal fat in the prasadam deeply hurt the sentiments of Hindu devotees of Tirupati Balaji.

  1. Petition by Dr. Subramanian Swamy

Senior BJP leader Subramanian Swamy has also filed a petition, seeking an investigation monitored by the Court. He has advocated for the formation of a committee to look into the matter and has requested a detailed forensic report on the ghee samples tested by the lab, including information on their source. Swamy argues that the issue should have remained within the confines of the Tirumala Tirupati Devasthanams (TTD) but was politicised, causing emotional distress to millions of devotees. He has posed several specific questions in his petition, including:

  • How was the ghee sample procured by the lab?
  • Was the ghee sample taken from what was used in offerings or from rejected lots?
  • Who supplied the adulterated ghee?
  • Could the lab report have been a false positive?
  • Was there political interference in releasing the report?
  1. Petition by YV Subba Reddy

Rajya Sabha MP and former TTD Chairman YV Subba Reddy has also filed a petition seeking an independent investigation by a Court-monitored committee or a retired judge with domain experts. Reddy has requested a detailed report on the forensic analysis of the ghee samples, including the procurement process. He highlights that standard operating procedures at Tirumala involve testing ghee upon arrival at the temple premises, and any non-compliant ghee is rejected. He argues that claims about adulterated ghee being used in prasadam are false. Reddy also criticises Andhra Pradesh Chief Minister Chandrababu Naidu’s remarks, which he claims have caused distress to many devotees of Lord Venkateswara. His petition notes discrepancies between the statements of the TTD and the Chief Minister, particularly questioning the silence of the state government for two months after the lab report was obtained in July 2024.

  1. Petition by Dr. Vikram Sampath and Dushyanth Sridhar

Historian Dr. Vikram Sampath and spiritual speaker Dushyanth Sridhar have jointly filed the fifth petition, calling for the removal of government and bureaucratic control over Hindu temples. They are advocating for the establishment of accountability in temples managed by government bodies.

Out of these five petitions, three—filed by Subramanian Swamy, YV Subba Reddy, and Vikram Sampath—were listed today for hearing before the bench of Justices BR Gavai and KV Viswanathan.

Arguments raised during the hearing:

Senior Advocate Siddarth Luthra, representing Tirumala Tirupati Devasthanam, informed the bench today that ghee samples supplied in June and until July 4 had not been tested. However, ghee received on July 6 and 12 was sent for analysis to the National Dairy Development Board (NDDB), where all four samples were found to be adulterated.  It was argued by them that the ghee supplied in June and early July had already been used in producing the laddus. The State Government had acknowledged the need for an investigation and constituted a Special Investigation Team (SIT) following an FIR lodged on September 25, while the Chief Minister’s public statement preceded these actions.

In Subramanian Swamy’s petition, Senior Advocate Rajashekhar Rao, representing Dr. Swamy, argued that Andhra Pradesh Chief Minister N. Chandrababu Naidu made an unfounded claim that the ghee used in the preparation of Tirupati laddus was adulterated. However, the Executive Officer of the TTD contradicted this statement, asserting that such ghee was never used. Rao emphasised that when high-ranking officials make such statements without sufficient evidence, it can have serious consequences and disrupt social harmony.

Rao further stated, “Those in responsible positions are expected to verify facts before making definitive claims. The CM’s statement, which has been disputed by TTD, requires oversight. If the prasadam of the deity is being questioned, it must be thoroughly examined. The CM’s public statement raises concerns about the potential for a free and fair inquiry.”

In response, Senior Advocate Mukul Rohatgi, representing the State of Andhra Pradesh, argued that Swamy’s petition lacked sincerity and was politically motivated, intended to support the previous YSRCP (Yuvajana Sramika Rythu Congress Party) government. Rohatgi further claimed that Swamy’s petition was nearly identical to one filed by former TTD Chairman YV Subba Reddy.

Additionally, Senior Advocate Sonia Mathur, representing Suresh Chavhanke, supported the call for an independent investigation into the matter.

Observations of the Supreme Court:

The Supreme Court was concerned about the propriety of the Chief Minister’s statement, questioning whether it was appropriate for such a high-ranking official to comment on a matter that could affect the sentiments of millions while an investigation was still underway. The Court questioned whether the SIT investigation should continue or if an independent agency should take over.

During the hearing, the Court raised several pointed questions to the State Government and TTD officials. Justice Viswanathan remarked that the lab report seemed to test rejected ghee, and it was unclear whether the ghee in question was actually used to make the laddus. Justice Viswanathan also noted that the lab report itself contained some disclaimers. According to LiveLaw, Justice Viswanathan said that “There are some disclaimers in the lab report. It is not clear, and it is prima facie indicating that it was rejected ghee, which was subjected to test. If you yourself have ordered investigation, what was the need to go to press,” 

The Court expressed frustration over the Chief Minister’s decision to go public, with Justice Viswanathan asking Senior Advocate Mukul Rohatgi, representing Andhra Pradesh, “If you ordered an investigation, what was the need to go to the press?”

Justice Gavai further raised concerns about the timing of the public statement, asking why the Chief Minister would make such a claim on September 18 when the investigation was still in progress. Justice Gavai pointedly questioned “When you have ordered an investigation through the SIT, what was the necessity to go to the press?” 

The bench emphasised that as a constitutional authority, the Chief Minister should not have involved religious matters in political statements. “When you hold a constitutional office… We expect the Gods to be kept away from the politicians,” Justice Gavai remarked as per LiveLaw.

The bench questioned whether the contaminated ghee was ever used in the preparation of the laddus, with Justice Viswanathan emphasising the need for caution before making public statements about religious offerings. The Court also expressed dissatisfaction with the lack of a second opinion on the lab results and stressed the importance of prudence in such sensitive matters.

“This report prima facie indicates that this is not the material which was used in the preparation of the laddus,” Justice Viswanathan observed.

He further stated that “When somebody gives a report like you, does not prudence dictate that you take a second opinion? First of all, there is no proof that this ghee was used. And there is no second opinion.”

The hearing concluded with the Court suggesting that while an investigation was necessary, the key question was whether the SIT formed by the State should continue or if an independent probe was required. Justice Gavai also requested Luthra to obtain a clearer statement from TTD regarding the alleged use of the adulterated ghee. The case was adjourned pending further instructions from the Union Government. The Court asked Solicitor General of India Tushar Mehta to seek instructions from the Union Government on whether a central investigation is required.

 

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Lack of securing tribal land rights in Andhra ‘exacerbating’ vulnerability to climate change https://sabrangindia.in/lack-of-securing-tribal-land-rights-in-andhra-exacerbating-vulnerability-to-climate-change/ Sat, 24 Aug 2024 05:20:54 +0000 https://sabrangindia.in/?p=37454 In the tribal areas of the Eastern Ghats of Andhra Pradesh, the challenges posed by land use changes and deforestation have significant implications for climate change. This article seeks to examine how land alienation, displacement, and the erosion of traditional knowledge among tribal communities exacerbate environmental degradation and climate vulnerability. It also underscore the urgent […]

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In the tribal areas of the Eastern Ghats of Andhra Pradesh, the challenges posed by land use changes and deforestation have significant implications for climate change. This article seeks to examine how land alienation, displacement, and the erosion of traditional knowledge among tribal communities exacerbate environmental degradation and climate vulnerability.

It also underscore the urgent need for legal and policy reforms to secure land and socio-economic rights, empowering these communities to become stewards of the environment and leaders in climate resilience.

I. Impact of deforestation and land use changes

Land rights in forested areas are intrinsically linked to deforestation and land use changes, which contribute to climate change by increasing carbon emissions. In tribal regions, land use patterns have undergone significant changes driven by socio-economic, environmental, and policy-related factors, disproportionately affecting indigenous communities. Key drivers include:

  1. Forest land conversion:

Since the 1990s, vast tracts of forest land in tribal areas have been converted for non-forest purposes. Projects like the Polavaram Irrigation Project displaced thousands of tribal families and led to the submergence of 94,357 acres of land, including 29,852 acres of poramboke land and 3,223 hectares of forest resources. Additionally, displaced tribals from neighboring Chhattisgarh, due to armed conflicts, have sought refuge in forest areas, further straining resources through land clearing for basic survival.

  1. Industrial development and mining:

Industrial activities have significantly impacted forests in tribal areas of East Godavari District. Companies like ITC, Godavari Plywoods, and AP Paper Mills contributed to deforestation by establishing plantations and extracting raw materials. Mining operations for bauxite and other minerals further accelerated habitat destruction, exacerbating climate vulnerability through increased soil erosion and biodiversity loss.

  1. Shifting cultivation and agriculture:

Traditional shifting cultivation (Podu) is being replaced by settled agriculture and monoculture plantations like cashew, coffee, and eucalyptus. These changes have led to declining soil fertility, increased ecological imbalance, and reduced carbon sequestration, all contributing to climate change. Government initiatives aimed at transitioning tribals to agroforestry practices have had limited success.

  1. Land alienation and urbanization:

Despite legal protections, tribal land alienation persists. Non-tribals have acquired tribal lands illegally, with more than 50% of Scheduled Area land in AP held by non-tribals. Urbanization and migration to nearby towns and cities further alter traditional land use patterns, displacing tribal populations and increasing their dependence on forest lands.

II. Role of traditional knowledge in climate mitigation

Tribal communities in Eastern Ghats possess deep-rooted knowledge of sustainable land and forest management practices. However, modernization, displacement, and loss of land rights are eroding this traditional knowledge, with far-reaching implications for the environment and efforts to mitigate climate change. Key areas of traditional knowledge include:

  1. Sustainable agricultural practices:

Historically, tribals practiced climate-resilient agriculture, such as agroforestry and drought-resistant crops like millets. These have been replaced by water-intensive commercial crops, exacerbating soil degradation and biodiversity loss. Revitalizing traditional agricultural methods could restore ecological balance and strengthen climate resilience.

  1. Forest management and biodiversity conservation: 

Tribal knowledge plays a crucial role in forest ecosystem conservation. Practices like controlled burning, selective harvesting, and maintaining sacred groves contribute to forest regeneration and biodiversity preservation. The loss of these practices has increased forest fires, reduced forest cover, and weakened carbon sinks that mitigate climate change.

  1. Water conservation techniques:

Tribals traditionally employed sustainable water conservation methods such as terracing and community-based management systems. The decline in these practices has worsened water scarcity, exacerbated by climate change. Reviving traditional water harvesting techniques could help address challenges like changing rainfall patterns and prolonged droughts.

  1. Traditional weather prediction:

Tribals used natural indicators, such as animal behavior and plant flowering patterns, to predict weather changes. This knowledge helped them adapt to environmental changes. As these traditions fade, communities are less equipped to anticipate and cope with unpredictable climate impacts, such as erratic rainfall and temperature extremes.

III. Effects of land alienation on climate vulnerability

The lack of secure land rights for tribals in the Scheduled Area of Andhra Pradesh exacerbates their vulnerability to climate change. Displacement and land alienation deprive them of the resources and autonomy needed to manage their environment sustainably, weakening their resilience to climate shocks.

Irrigation projects like Polavaram displaced thousands of tribals,  submerged 94,357 acres, including 7,964 acres of forest resources

  1. Deforestation and resource exploitation:

When tribals are displaced from their lands, environmental degradation becomes more prevalent. Commercial interests, such as mining and large-scale agriculture, often exploit tribal lands without regard for sustainability, resulting in higher carbon emissions and reduced biodiversity.

  1. Loss of climate resilience:

Secure land tenure allows communities to invest in sustainable farming, soil conservation, and water management. Without land rights, tribals are less likely to engage in these practices, increasing their vulnerability to floods, droughts, and landslides.

  1. Socio-economic exclusion:

Socio-economic marginalization further increases climate vulnerability. Tribals who lack access to healthcare, education, and markets are more vulnerable to climate impacts. Economic insecurity also limits their ability to invest in climate adaptation measures.

  1. Exclusion from decision-making:

Tribals are often excluded from climate adaptation programs due to their lack of formal land rights and political marginalization. This exclusion weakens their adaptive capacity and undermines climate policy by disregarding the knowledge and practices that have sustained these ecosystems for centuries.

IV. Path forward: Securing land and socio-economic rights for climate resilience

Addressing the challenges faced by tribal communities in East Godavari requires legal, policy, and program interventions to secure land and socio-economic rights. Effective implementation of laws like Land Transfer Regulations 1 of 70, the Forest Rights Act (FRA) and the Panchayats (Extension to Scheduled Areas) Act (PESA) is essential for empowering tribal communities as stewards of their environment.

  1. Strengthening legal protections:

Strengthening the enforcement of laws that protect tribal land rights is crucial. Securing land tenure empowers tribals to continue their role in forest conservation and sustainable land management, mitigating climate change.

  1. Integrating traditional knowledge into climate policy:

Recognizing and integrating traditional knowledge into modern climate strategies is key to building resilience in ecologically sensitive regions like the Eastern Ghats. Collaboration between tribal communities, governments, and NGOs can help preserve and revitalize traditional practices including health, enhancing biodiversity conservation and climate resilience.

  1. Promoting inclusive economic development:

Ensuring access to socio-economic rights such as education, healthcare, and employment strengthens the adaptive capacity of tribal communities. Supporting sustainable livelihoods, like agroforestry and eco-tourism, can provide alternative income sources while preserving the environment.

  1. Enhancing climate adaptation orograms:

Tribal involvement in climate adaptation programs ensures that strategies are locally relevant and culturally appropriate. Drawing on traditional knowledge and practices will enhance resilience to climate challenges.

Conclusion

The tribal communities of Eastern Ghats have long been custodians of their environment, maintaining a delicate balance between their livelihoods and the natural world. Securing their land rights and revitalizing traditional knowledge systems are not only essential for their survival but also critical in the fight against climate change. By empowering these communities, we can foster sustainable land use practices, enhance biodiversity conservation, and build resilience to future climate challenges.

Courtesy: CounterView

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Public Vs Private Education – A New Experiment By Y.S.Jagan Mohan Reddy https://sabrangindia.in/public-vs-private-education-a-new-experiment-by-y-s-jagan-mohan-reddy/ Fri, 01 Mar 2024 04:07:22 +0000 https://sabrangindia.in/?p=33542 There is a lot of curiosity about forthcoming elections in Andhra Pradesh. It goes for both Assembly and Parliament elections simultaneously with a serious contestation between the ruling regional YSRCP headed by Y.S.Jagan Mohan Reddy and two other regional parties Telugu Desham Party, headed by N.Chandrababu Naidu and Jana Sena headed by an emotional cinema […]

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There is a lot of curiosity about forthcoming elections in Andhra Pradesh. It goes for both Assembly and Parliament elections simultaneously with a serious contestation between the ruling regional YSRCP headed by Y.S.Jagan Mohan Reddy and two other regional parties Telugu Desham Party, headed by N.Chandrababu Naidu and Jana Sena headed by an emotional cinema actor Pavan Kalyan. The national parties—the BJP and Congress— are nominal players as they are in Tamilnadu. The state wing of the BJP is interestingly headed by Chandrababu Naidu’s sister—in—law and the state unit of the Congress is headed more curiously by younger sister of Jagan Mohan Reddy. Both the national parties chose the women presidents to embarrass their close relative heads of the regional parties. Nowhere in the country this kind of situation was created by the national parties.

However, the battle is going to be between the ruling YSRCP and TDP with an alliance with Jana Sena. Jagan since the 2014 election was a lone fighter. Chandrabababu, on the other hand, was desperate for alliances ever since the state was bifurcated. In 2014 he won 102 seats in alliance with the BJP and in 2019 he lost very badly to Jagan by winning just 23 seats. Hence now he is desperate for alliance with both Pavan Kalyan and the BJP. This, of course,  shows Babu’s nervousness.

Since he attacked Prime Minister Modi just before the 2019 elections, after their alliance broke, the PM is not even giving him an appointment. His trips to Delhi are proving to be more embarrassing. This election is very crucial for the state because after Jagan came to power with a massive majority of 151 out of 175 seats, he changed the development paradigm of the state in a manner that no other state Government in the last 75 years tried.

JAGAN SHIFTED THE DEVELOPMENT PARADIGM

He shifted the development paradigm from so-called material development of a state to human development by focusing on changing the fundamental structure of school and university education in the state. During the last five years, Jagan took several steps to lay a strong foundation of human development of the state. The first steps that he took were introducing common mediums, English and Telugu, in Government and private schools. This was the most difficult educational reform given the history of the diabolical education system of India. The children of the urban poor and the children of working masses in the agrarian sector were put in an immobile regional language education system by the central and state Governments. The idea of linguistic states created a goose around the neck of state Government schools wherein poor children study. Regional linguistic chauvinism was promoted among the rural masses while the rich put their children in private English medium schools. No Government was allowed to spend good amounts of budget money on school infrastructure, quality teaching, on good food for the poor children whose parents could not afford it. Spending on children for quality education is nothing but spending on human resource development. Discussions in budget sessions of the state assemblies were only on spending money on roads, buildings and occasionally dams. With such investments on material development kickbacks would come to the rulers and middle men. Huge amounts would go into the pockets of contractors.

The Jagan Government changed that model by allocating substantial amounts of budget money for school and university education and also to money transfer schemes to the accounts of the poor children’s parents. This destroyed the middle men role and massive graded cuts by stakeholders in material resource building.

The implication of this shift is that the brokerage system gets weakened. The worry of the opposition parties even if they come to power in 2024 they cannot fully revert to the old pure material resource development model. If Jagan comes back his reforms will deepen where after ten fifteen years a new generation of well educated, confident rural youth will come into the socio-political system. They will not allow an economy that gets used to human resource development changed and also they work for corruption free de-bureaucratized  operations.

The corrupt employees and high end bureaucrats who want to work like ‘civil and police dictators’ at various levels of administration are also unwilling to support this model of development. But certainly the poor rural and urban masses who tasted the money transfer life support the new system. That too getting monitored by village level volunteers on a day to day basis, who are employed by the state for that purpose.

The employment of volunteers to monitor every welfare scheme and help the old and sick get their benefits like old age pensions or rations from Government fare price shops to their doorstep is entirely a novel idea in a democratic administration. Though the middle and high end bureaucrats are unhappy with the volunteer force present in the villages the masses at large are happy. The volunteer in a village is a helping hand to every villager.

Such a model of humanpower development focusing on the schools, colleges has not been tried in any third world country. China, for example, tried with some kind of similar system both in education and health systems. They employed a large number of barefoot doctors. Jagan also created an unparalleled health infrastructure that helped the state in overcoming the Corona crisis with better monitoring systems. The village volunteers did a good job even in the health sector. All these new experiments shocked the contractor class of the nation itself.

The contractor class wants material development but not massive man power development. In my childhood in Telangana the local landlords used to ask the village school teachers not to teach but take salary and be happy at home. Their logic was that if all the village children are educated who will work as child labour around their cattle and who will work as their jeetagandlu (palerlu) after they become adults. At that time landlords saw developing humanpower through education as anti-feudal. Now in AP developing English educated  human power is being seen as an anti-contract capital. Chandrababu is closely linked up to the contract capital and private education sector.

If Jagan wins in this election of 2024 this model will deepen its roots and nobody will be able to change it in AP. That will also influence the national education system.

JAGAN’S NEW GOVERNMENT SCHOOL SYSTEM

For the first time in Indian electoral history, school education has become the central electoral battle. Jagan made the re-positioned Government school education his key agenda to counter his predecessor Chandrababu Naidu’s love for private school education with a clearly divided medium of instruction—English in private and Telugu in Government sector– and also school infrastructure. During his chief ministership both in the united Andhra Pradesh and in the first five years of bifurcated Andhra Pradesh Babu encouraged a massive chain of private box schools up to 12th grade—Narayana and Srichaitanya and others—across the state. These box schools are run in roadside apartments without any open space around the building. They became an educational business mafia by manipulatively drawing thousands of  rural and urban students into high schools and intermediate ( in a system of 10-2) colleges by charging a lakh and above fee per year. The parental struggle for sending children to these box schools became like an educational drug addiction.

They also established residential systems by collecting much more money tucking them in small apartment rooms. They turned boys and girls into mugging machines without allowing them any scope for physical exercise, sports and games and also outside human interaction. They deployed a method of huge propaganda about their achievements of ranks both in print and digital media through massive advertisements.

Chandrababu made the biggest private education mafia leader of that system, Narayana, who came from his own Kamma caste, as cabinet minister in his first cabinet in just bifurcated Andhra Pradesh.  To break this education business Jagan put in his 2019 election manifesto that if he comes to power he will make all Government schools English medium and with improved infrastructure. He won that election with a massive majority of 151 seats out of 175 seats. Chandrababu got just 23 seats.

After the Jagan school education model came into force half of private schools are empty. That is a big worry of  this mafia.

By this election time in 2024 the school education reform of AP has reached to a level where Jagan made his educational achievement as the main campaign issue. He is now mobilizing the parents of school and college-going students as an election force to counter Babu’s alliance and Amaravathi centered campaign.

The idea of development does not just include physical resources for already existing human beings. It includes the human development of just born children and also the people who will be born in future. The physical resources once built will get worn out in a very short time. But the knowledge base that humans acquire continues from generation to generation. It spreads from region to region, nation to nation. In modern times the discoveries by humans in the realm of knowledge benefit every human being on the earth. Jagan repeatedly says that the most valued property that “I give to the poor families is world class English medium education free in Government schools”.

The written word that humans developed preserved the knowledge and skills of people will be used by humans for thousands of years. The modern education system helped the process of preservation of knowledge for a longer time than any other physical structure that humans have built in history.

At a time the temple construction was the agenda of Modi Government Jagan made school construction as his plank of vote mobilization. If he wins the election in coming months English medium education school construction will become a national issue. If he loses this experiment will be defeated Babu and Pavan Kalyan are likely to revert the education system back to private corporate loot model. Let us wait and see.

Kancha Ilaiah Shepherd is a political theorist, social activist and author of many books.

Courtesy: Counter Current

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New Andhra law to hasten land alienation of tribal farmers, ‘legitimise’ illegal holdings https://sabrangindia.in/new-andhra-law-to-hasten-land-alienation-of-tribal-farmers-legitimise-illegal-holdings/ Wed, 13 Dec 2023 10:26:37 +0000 https://sabrangindia.in/?p=31781 The Land Titling Act 2023 (LTA) (Act 27 of 2023) enacted recently by the Government of Andhra Pradesh helps promote land market and ease of doing business benefitting the affluent sections while facilitating easy land alienation of especially the tribal people. The LTA provides for the establishment, administration and management of a system of title […]

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The Land Titling Act 2023 (LTA) (Act 27 of 2023) enacted recently by the Government of Andhra Pradesh helps promote land market and ease of doing business benefitting the affluent sections while facilitating easy land alienation of especially the tribal people.

The LTA provides for the establishment, administration and management of a system of title registration of immovable properties. The LTA 2023 will replace the judicial courts in the dispensation of land justice through Civil Courts with an executive system to determine land titles and ownership. Lawyers representing several Bar Associations in the State are strongly opposing the LTA tooth and nail.

This Act has been enacted in utter disregard to tribal land rights enshrined in the Land Transfer Regulations 1 of 70 promulgated under Fifth Schedule to the Constitution which prohibits transfer of land situated in the Scheduled Area in favor of non-tribals. The object of this Regulation is to regulate the transfers of the land in the Scheduled Area.

In fact, as per the Land Transfer Regulations 1 of 78 and 1989 Rules, permission is required from the Collector to even register the permissible land transactions among tribals in the Scheduled Area. The provisions of LTA are against these rules.

The LTA enables the land titling officers to prepare record of titles on the basis of existing land related information, notify such records and provide conclusive title to these notified entries. This process of registration of land titles will negate the tribal land rights. Land records in the Scheduled Area do not reflect the actual position on the ground.

The notification issued under the Act with the entries of land parcels and names of the certificate holders will give clean chit to the transfer properties of the tribals to another unless there are any pending disputes or are covered by any court orders.

The separate procedure prescribed for registration of transfer application is guided by the LTA. Aggrieved by the order of the title registration officer, and there after the appellate authority who is the land titling appellate officer, only the second appeal lies with the HC.

Under a conclusive land titling system, land records have to designate actual ownership which is impossible in tribal areas. Because, under the provisions of Land Transfer Regulations 1 of 70, if any non-tribal is in possession of the property in the Agency Tracts, it is presumed that he or his predecessors acquired the same through a transfer made to him by a member of Schedule Tribe which is prohibited. The tribals are defacto the de jure owners of the land situated in the Scheduled Area.

The constitutional validity of the provisions of LTR was upheld by the Supreme Court in P Ramireddy vs State of Andhra Pradesh in 1988. After noticing the provisions of the Fifth Schedule to the Constitution, the Supreme Court in Samata Vs State of AP in 1997, was of the view that the State Government stood prohibited from transferring Government land in a Scheduled Area to a non-tribal person.

The past experience showed that the non-tribals who infiltrated the Scheduled Area had appropriated the tribal lands through clandestine and dubious transactions and in violation of tribal protective Land Transfer Regulations. The unscrupulous non-tribals also obtained settlement pattas over tribals lands fraudulently in collusion with the corrupt officials.

Now such existing land deeds will help non-tribals to seek legitimization of their illegal land holdings through LTA. LTA enables the authorities to decide the ownership over immovable properties on the basis of current possession which is questionable under the LTR.

The LTA affirms that the title recorded in the register of titles will be considered as proof of the marketable title of the title holders though there is a clear prohibition on marketing the immovable properties by non-tribals or tribals in favor of non-tribals in Scheduled Area.

Moreover a Full Bench of High Court of AP in 1993, observed in V.Somalamma Vs Dy. Collector, Tribal Welfare that all laws made applicable to the Scheduled Areas “indicate an anxiety to safeguard the interest of the tribals in the Scheduled Areas and to see that the land in the Scheduled Areas should be in possession of tribals only”.

The High Court of Andhra Pradesh held in Pathipati Rangamma Vs Agent to the Government at Khammam District (2010(4) ALD 769) that the transfer, if found in contravention of the provisions of Land Transfer Regulations 1 of 70, will not be saved by virtue of validation under the provisions of Record of Rights Act 1971.

As per Panchayat Extension to Scheduled Area Rules 2011, all the land transfers shall be placed before the PESA notified Gram Sabha for its review in order to ensure correct land entries in record of rights.

Till now, non-tribals who infiltrated Scheduled Area would appropriate tribal lands through clandestine, dubious transactions 

There is an express embargo on the Civil Courts on entertaining any proceedings on matters covered by the LTA. The Agency Courts are specially empowered to adjudicate civil matters arising from the Scheduled Area under Andhra Pradesh Agency Rules 1924. The Supreme Court upheld the functioning of these courts in determination of civil matters in the Scheduled Area in 2012.

Therefore the Land Titling Act cannot oust the jurisdiction of Agency Courts in determining the legal title over the immovable properties situated in the Scheduled Area. Under the LTA, High Court has revision and appellate jurisdiction over the matters dealt by executive authorities.

As per Section 64 of the Land Titling Act, individuals are liable for the punishments extending to six months imprisonment or fine up to fifty thousand or with both, for furnishing false information or concealment of information. But there is no such penalty provision under the LTA when recording land titles in favor of ineligible individuals by the title registration officer and land titling appellate authority.

However, the model Land Titling Act circulated by Niti Ayog, union of India to the States provides a penal provision to the officers appointed under the Act for causing harm to the property affecting the interest of persons willfully.

The power to remove the difficulties in implementing the provisions of LTA is limited to only two years; the State even cannot exercise its power under the Act later, which is unconstitutional and arbitrary.

Though the Government claims that the LTA would reduce the land dispute litigations, but in fact it would foreclose the voice of tribals. Land titling would also help registration and regularization of land rights that arise from informal family settlements, unregistered deeds etc. LTA will increase landlessness and loss of land amongst tribals promoting land alienation in a large manner.

The Act helps to ‘change the status of preexisting rights in land one way or other through its institutional mechanism. This results in the LTA further deteriorating the situation by legalizing illegal land holdings held by non-tribals triggering further dispossession of tribals. LTA also deciselvely crosses the path of the Article 244 Fifth Schedule as alo the SC and ST (Prevention of Atrocities) Act 1989.

All these indicate the urgent need to incorporate special provisions in the Land Titling Act to provide concrete safeguards to ensure that it actually secures tribal’s tenure rights against dispossession by non-tribals and business bodies.

Courtesy: CounterView

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SC urges the AP HC to formulate a division bench to hear petition against Govt. Order prohibiting public meeting https://sabrangindia.in/sc-urges-ap-hc-formulate-division-bench-hear-petition-against-govt-order-prohibiting-public/ Sat, 21 Jan 2023 04:00:58 +0000 http://localhost/sabrangv4/2023/01/21/sc-urges-ap-hc-formulate-division-bench-hear-petition-against-govt-order-prohibiting-public/ The Government Order had previously been stayed by the AP HC as it prima facie violated fundamental rights

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SC

The Supreme Court declined to interfere with the Andhra Pradesh High Court’s decision to stay the Government Order that limited public meetings on roadsides.

The High Court’s vacation bench had taken this decision and the petition is now scheduled for hearing before the High Court on January 23. The Court also asked that the case be heard by a division bench chaired by the Chief Justice of the High Court.

Since the petition is scheduled to be posted on Monday, the bench, comprising of Chief Justice DY Chandrachud and Justice PS Narasimha, stated that it will not at this time interfere with the ruling.

As reported by LiveLaw, the court stated, “Mr Vaidhyanathan submits that the Writ Petition was mentioned before a DB of Andhra Pradesh in winter vacations. He states that the DB should not have assumed jurisdiction since no matter pertaining to policy can be taken during vacation…We are not enquiring into the merits of the grievance at this stage. However we request a division bench led by the Chief Justice of Andhra Pradesh High Court to take up this matter and hear on 23rd Jan 2023″, the bench stated in the order while disposing of the State’s petition.”

CS Vaidyanathan, the senior counsel representing the State of Andhra Pradesh, had moved the Supreme Court to challenge the High Court’s vacation bench making the urgent decision of staying the Government’s order.

The State had appealed the High Court’s decision by filing a Special Leave Petition to the Supreme Court, arguing that a regulatory action was required to prevent the loss of lives in stampede-like incidents. The State argued that the Government Order only instructed the police to advise against issuing authorization for public gatherings on public roads and road edges, unless there are exceptional circumstances, and denied that there was a blanket ban.

Senior Advocate Kapil Sibal appeared for CPI State secretary K Ramakrishna who challenged the Govt Order before the High Court.

Order of the High Court

The Andhra Pradesh High Court’s division bench comprising Justice Battu Devanand and Justice Dr. V. R. K. Krupa Sagar had issued an order on January 12, 2023, suspending the application of a state government directive that forbade the holding of public meeting on public roads.

This order was directed as the court was considering a public interest petition brought by Kaka Ramakrishna, the Communist Party of India’s Andhra Pradesh secretary, contesting the GO as being unconstitutional, arbitrary, and in violation of Articles 19(1)(a) and 19(1)(b) of the Constitution as the order effectively constituted a “blanket ban” on public meetings.

Defending the GO, Ramakrishna has contended that the provisions under Police Act, 1861 are only a regulatory power and not a blanket power to stifle the democratic ideals and views of the citizens. The law enables the authorities to control the conduct of assemblies and processions on public roads and not to completely ban it, he had argued.

The bench determined that the GO was prima facie in violation of the process outlined in Section 30 of the Police Act of 1861. The Government Order (GO), which restricted/prohibited public meetings/assemblies on roadways, roadsides, and road margins throughout the state and was issued on January 2, was then stayed by the court. The bench had ordered that the aforementioned impugned GO be suspended until January 23.

“Considering the facts and circumstances of the case and on careful consideration of the submissions made by respective counsels and also on perusal of the case law placed by the respective counsels before the Court, in the prima facie opinion of this Court, the impugned G.O. Rt. No.1 dated 02.01.2023 is contrary to the procedure provided under Section 30 of the Police Act, 1861,” the bench had stated in the order.

The government order was issued by the State’s home department. Advocate General S. Sriram earlier argued before the court that the government order has been issued in exercise of powers vested under Section 3 of the Police Act, 1861 to regulate the public meeting on the public roads in the interest of the public, “in the light of the recent instances” that occurred in the state.

The order of the HC can be read here.

The impugned Government Order

The issue at hand is GO No. 1, which the State Government issued to limit public gatherings following two stampedes that claimed the lives of 11 persons while N Chandrababu Naidu, the leader of the TDP, was delivering a speech at an event. The prohibitory order was issued late on Monday night under the provisions of the Police Act, 1861.  it has been claimed by the government that the said order was issued in the interest of people and for  the sake of public safety. 

The government noted in its order that “the right to conduct a public meeting on public roads and streets is a subject matter of regulation as Section 30 of the Police Act, 1861 itself mandates.”

The State had also urged the police machinery to suggest alternative locations away from public roads which do not hamper public movement and general flow of traffic. The restrictions that have been specified in the Order, as provided by the LiveLaw, are: – “National Highways and State Highways are designed for high speed connectivity across the country to ensure logistical integration. It is therefore ideal that no license be granted for any application seeking permission to conduct a meeting on State Highways and National Highways…However, in rare and exceptional circumstances and for reasons to be recorded in writing, any application could be considered.” – “Municipal roads and Panchayat roads are narrow and are meant for free movement of the people staying in the local area and any obstruction due to meetings on these roads endangers lives, disrupts the civic life, emergency services, causing inconvenience to the general public.”

 

Violative of personal freedom

Under Article 19(a) and (b) of the Indian Constitution, the citizens of India have been granted the right to freedom of speech and expression and the right to assemble peaceably and without arms. The said right is not an absolute right. Through Article 19 clause 6 of the Constitution, the state has been empowered to impose such reasonable restrictions on the said freedom as they deem necessary to protect the interests of the general public.

When contesting the government order of January 2, the petitioner said that it inadvertently banned holding public gatherings or processions on public highways. Section 30 of the Police Act empowered the authorities to prohibit granting of permits for the holding of public meetings on national, state, municipal, and panchayat roadways.

“The basic rights of the people and the organizations are being curtailed and the permissions are not being granted by the Police officials under the pretext of the impugned GO. The impugned GO is issued by the 1st Respondent only to stifle the voice of the opposition and other Political parties and to deny them the right to conduct public meetings. The impugned GO imposes blanket ban on organizing meetings on public roads without dealing with the aspect of law and order problem”, the petition had read, as provided by the Leaflet.

According to the petitioner, holding a public meeting is a fundamental right granted to all citizens.

“The voice of the opposition is the lifeline of any Democratic nation. By issuing the impugned GO, the Respondents are choosing to stifle the voice of the opposition by failing to provide necessary permissions”, the petitioner had submitted, as provided by The Leaflet.

It is pertinent to note, that by issuing this order, the state government aim to empower the police to decide which protests are to be allowed on the roadside, according to their own discretion. In the current political climate, this move is certainly another tactic to oppress the voice of dissent against political parties and other discriminatory legislations. Instead of recognizing the failure on the part of the police personnel to provide appropriate protection to the people present at the event, the state government turn the tables around by choosing to take away a crucial right guaranteed to every citizen under our Constitution. While it is being claimed by the government that the said government order is to protect the interest of the public, it is necessary that such colored attempts at suppressing the voice of the citizens are contested.

 

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AP: Violence erupts against renaming district in Ambedkar’s name https://sabrangindia.in/ap-violence-erupts-against-renaming-district-ambedkars-name/ Wed, 25 May 2022 11:25:44 +0000 http://localhost/sabrangv4/2022/05/25/ap-violence-erupts-against-renaming-district-ambedkars-name/ Several police officials including Amalapuram’s SP and DSP were injured during the violence

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Andhra Pradesh

A government move to rename Andhra Pradesh’s Konaseema district after Dr. B. R. Ambedkar resulted in clashes and arson on May 24, 2022, reported the Indian Express. Officials said that several police officers were injured and properties of government officials were set on fire.

Thousands of protestors tried to barge into the district collector’s complex on Tuesday to condemn the decision to rename the place that includes an SC-reserved Parliamentary constituency.

 

 

However, groups such as the KonaseemaParirakshana Samithi, the Konaseema Sadhana Samiti and the KonaseemaUdyama Samiti opposed the move and said the tourist region’s “traditional name” should be retained.

When the police used batons and fired into the air to disperse the crowd, protesters pelted stones on officers. Some of the mob even set fire to the house of ruling YSRCP’s Mummidivaram MLA P Satish as well as the furniture outside Transport Minister P Viswarup’s home. According to The News Minute, a mob of around 1,000 to 1,500 people came to the house carrying petrol. Satish and his family were moved to safety. Konaseema SP K Subba Reddy told the Indian Express how police vehicles and buses were set ablaze too.

According to Times of India, Konaseema is among the 26 new districts announced by the Y S Jagan Mohan Reddy-led government in April. Earlier, it was a part of the Godavari district. The decision to rename the place was made after due considerations with various organisations and political parties. With around 20 days left for the relevant state government notification to come into effect, several groups have started processions in protest.

Police imposed bans on public gatherings. Yet, the Tuesday incident ended with Amalapuram DSP Madhava Reddy and SP Subba Reddy suffering injuries. Viswarup claimed that the Opposition Telugu Desam Party (TDP) was trying to incite violence in the region. However, the TDP along with the Jana Sena and the Congress lashed out at the government for failing to bring the situation under control. 

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Mahapanchayats at Visakhapatnam, Vijayawada and Ongole in Andhra Pradesh https://sabrangindia.in/mahapanchayats-visakhapatnam-vijayawada-and-ongole-andhra-pradesh/ Sat, 24 Apr 2021 08:19:18 +0000 http://localhost/sabrangv4/2021/04/24/mahapanchayats-visakhapatnam-vijayawada-and-ongole-andhra-pradesh/ At Vizag, workers condemned the government plan to sell Vizag Steel that was established after much struggle

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Thousands of peasants and workers observed mahapanchayats at Visakhapatnam (Vizag), Vijayawada and Ongole in Andhra Pradesh on April 18 and 19, 2021. These programmes were decided weeks ago, prior to the alarming rise in Covid-19 cases.

All three events were presided over by All India Kisan Sangharsh Coordination Committee (AIKSCC) State Convenor and former State Agriculture Minister Vadde Shobhanadreeshwar Rao and addressed by Bharatiya Kisan Union (BKU) Spokesperson Rakesh Tikait and others. Leaders blew conches for upcoming struggle, a traditional practice called ‘shankharavam’.

At Visakhapatnam, the rally took place at the beach with over 10,000 protesters, including a large number of women. Members of the Vizag Steel Protection Struggle Committee jointly organised the event wherein they condemned the central government’s decision on January 27 for a strategic 100 percent sale of Vizag Steel, the public sector pride of the state. The steel plant with over 35,000 workers was set up after much struggle and sacrifice.

“The plant, worth over Rs. 3 lakh crore, is sought to be sold by the Modi regime to its corporates for just around Rs 1,300 crore,” claimed a leader during the rally.

All major trade unions, along with major farmers’ organisations and political parties except the Bharatiya Janata Party (BJP), led a massive state-wide struggle against the privatisation of Vizag Steel for the last three months, including a total Andhra Bandh.

Speakers stressed that the struggle for Vizag Steel is a national struggle against the BJP-RSS-Modi regime that is out to sell India through its privatisation drive. They also said that the Centre is attacking workers, peasants and agricultural workers, who produce the wealth of the country, through farm laws and labour codes. In a show of solidarity, farmer leaders visited the Vizag Steel and addressed workers there.

Later, on April 19, the AIKSCC organised the Vijayawada rally in a hall with physical distancing. Farmer leaders inaugurated a specially made exhibition on Delhi farmers’ struggle. Apart from peasants and workers, middle-class employees and youth participated in large numbers. A delegation of women farmers from Amaravati district met leaders and submitted a memorandum about their serious problems. They have been struggling for the last 500 days.

Then at Ongole, farmers assembled in the afternoon with enthusiastic response. The highlight was a series of caricatures of Prime Minister Narendra Modi and billionaire businessman Ambani that were put up at the venue. Songs and dances by agitators enlivened the events.

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YSR Congress sweeps Panchayat polls in AP https://sabrangindia.in/ysr-congress-sweeps-panchayat-polls-ap/ Mon, 22 Feb 2021 13:11:24 +0000 http://localhost/sabrangv4/2021/02/22/ysr-congress-sweeps-panchayat-polls-ap/ Jagan’s popularity ensures his party wins in all the panchayats that went to polls in Pulivendula

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Image Courtesy:indiatoday.in

As a testament to Andhra Pradesh Chief Minister YS Jagan Mohan Reddy’s political pull, his party the YRS Congress or its allies, won elections in all panchayats of Pulivendula, which is his assembly constituency.

The Pulivendula constituency is divided into seven mandals: Pulivendula, Vemula, Lingala, Simhadripuram, Thoduru, Chakraypeta and Vempalli. These cover a total of 109 panchayats, out of which 108 went to polls. Polls could not take place in Velamavaripalle in Vempalli mandal, because though candidates had filed their nominations, all of them withdrew their candidacy.

According to Deccan Herald, 13 out of the total 16 panchayats in Vemula saw unanimous elections, while polling was held for the remaining three that were bagged by YSRC supporters. 15 panchayats in Thondur and 16 in Chakrayapet, saw unanimous elections.

Out of 20 panchayats in Simhadripuram, 12 saw unanimous elections while polls were held for eight panchayats, all of which were won by YSRC supporters. In Vempalli, out of the 17-gram panchayats, 16 saw unanimous elections and one panchayat (the aforementioned Velamavaripalle) did not have elections.

As results started coming out, #YSRCPCleanSweep started trending on Twitter. This landslide victory gives the regional party further ammunition to dictate terms to any potential ‘national party’ allies from either side of the political divide.

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