The case presented a complex legal challenge at the intersection of Articles 14, 15, 21, and 25 of the Indian Constitution, raising questions about equality, religious freedom, and the right to dignity in death.

With the Supreme Court’s two-judge bench issuing divergent opinions, the matter brought to light the judiciary’s struggle to reconcile competing interests. Justice BV Nagarathna delivered a progressive opinion firmly rooted in constitutional values, calling out the State and local authorities for perpetuating discrimination against Christians and emphasising the secular fabric of India.

In contrast, Justice Satish Chandra Sharma’s opinion prioritised public order and adherence to regulatory norms, reflecting a more conservative approach that arguably overlooked the structural inequities at play.

The court’s eventual compromise, directing the burial at a designated Christian graveyard under Article 142, addressed the immediate dispute but left broader constitutional questions unresolved, raising critical concerns about the judiciary’s handling of systemic discrimination.

Justice BV Nagarathna’s opinion: A strong defence of Constitutional values

Justice BV Nagarathna delivered a strongly worded opinion, criticising the State and the gram panchayat for perpetuating discriminatory practices against Christians and undermining constitutional principles. She described the refusal to allow the burial in the village graveyard as “unfortunate, discriminatory, and unconstitutional,” explicitly highlighting its violation of Articles 14 (equality before the law), 15 (prohibition of discrimination on grounds of religion), and 21 (right to dignity, which includes dignity in death).

As per the report of LiveLaw, Justice Nagarathna noted that the village panchayat’s actions and the affidavit submitted by the Additional Superintendent of Police (ASP), which opposed the burial, “betray the sublime principle of secularism.”

She observed:

“The refusal to bury the deceased in the ancestral village graveyard violates Articles 21 and 14 and furthers discrimination on the grounds of religion. The State cannot deny equality before the law.” 

According to the LiveLaw report, Justice Nagarathna further criticised the State for failing to act against discriminatory attitudes, asserting that it had abdicated its duty to foster fraternity and ensure equality. It was her opinion that the attitude of the village panchayat gave rise to hostile discrimination, and such an approach betrays the secular fabric of our nation and the duty of every citizen to foster fraternity.

“How could ASP Bastar could give such an affidavit and what was the authority? It betrays the sublime principle of secularism. Secularism along with fraternity is a symbol of brotherhood between all faith and essential for the social fabric of our country and duty is to foster fraternity among different sections,” her opinion said as per Bar and Bench.

Justice Nagarathna proposed a pragmatic solution by allowing the burial on the family’s private agricultural land, emphasising that such a decision would not set a precedent for future claims. She directed the State to provide security to ensure that the burial could proceed peacefully and issued an additional directive requiring the State to earmark burial grounds for Christians across all districts within two months.

“The State must act to ensure that designated burial grounds for Christians are available throughout the State to avoid such controversies in the future.”

Justice Nagarathna invoked the Supreme Court’s past observations on secularism and fraternity, quoting Justice Chinnappa Reddy’s iconic statement in the Bijoe Emmanuel case:

“Our tradition teaches tolerance, our Constitution teaches tolerance, let us not dilute it.”

In short, through her opinion, Justice Nagarathna made the following key observations-

• Upholding secularism: Justice Nagarathna invoked the secular ethos of the Constitution, condemning the exclusionary practices of the gram panchayat and the State’s endorsement of such discrimination. She stressed that secularism entails equal treatment of all faiths and criticised the affidavit submitted by the State police, which explicitly denied burial rights to Christians in tribal burial grounds.
• Right to dignity in death: Justice Nagarathna’s recognition of the right to dignity in death as a part of the broader right to life under Article 21 is a crucial highlight. By directing the burial on private land, she sought to balance individual rights with practical considerations, though this move might inadvertently dilute the case’s central question of access to public burial spaces.
• Critique of Gram Panchayat: Her rebuke of the gram panchayat for “taking sides” underscores the growing politicisation of local governance bodies in communal disputes. However, her reliance on the private land solution, while pragmatic, could be criticised for sidestepping the long-term structural issue of discriminatory burial practices.
• Mandating systemic reforms: Justice Nagarathna directed the State to demarcate burial grounds for Christians across all villages within two months, a step that, while commendable, reflects a reactive rather than proactive approach by the judiciary in addressing systemic inequities.

Justice Satish Chandra Sharma’s opinion: Balancing rights and public order, no matter the cost

In contrast, Justice Satish Chandra Sharma took a more conservative stance, focusing on public order and adherence to existing regulations. He upheld the Chhattisgarh High Court’s decision to deny burial in the village graveyard and ruled that the deceased should be buried in the designated Christian burial ground located 20–25 kilometres away. Justice Sharma argued that burial rights under Article 25 (freedom of religion) must be subject to reasonable restrictions, including public order and State regulations.

“There is no reason why there should be an unqualified right to burial. Sweeping and illusionary rights can lead to public order disruption. Maintenance of public order is in the larger interest of society.”

As per the report of Bar and Bench, Justice Sharma also dismissed the argument that burial in the village graveyard was a constitutional entitlement, stating:

“The right to religious freedom under Article 25 cannot be stretched to claim a blanket right to be buried in grounds earmarked for another religion.”

Justice Sharma, according to LiveLaw, reasoned that the availability of a designated Christian burial ground nearby was sufficient to satisfy the petitioner’s rights, noting that burial grounds are traditionally designated for specific communities to avoid conflicts.

“To claim Article 25 rights to burial in areas designated for another faith would be stretching the right beyond reasonable limits. The State can frame regulations to maintain public order.”

Justice Sharma’s opinion ultimately prioritised regulatory uniformity and social harmony over addressing systemic discrimination, a perspective criticised for lacking sensitivity to the petitioner’s plight and the broader implications for minority rights. In short, through his opinion, Justice Sharma made the following key observations-

• Deference to local practices: Justice Sharma’s reliance on the High Court’s reasoning—that burial grounds are designated for specific communities—risks legitimising exclusionary practices rooted in social prejudice. By framing the dispute as a matter of public order, his judgment arguably prioritised societal biases over constitutional values.
• Regulatory formalism: His rejection of burial on private land and insistence on using the designated Christian burial ground in Karkapal highlights a strict adherence to regulatory frameworks. However, it also underscores a reluctance to question systemic discrimination in such frameworks, even when they conflict with fundamental rights.
• Public order vs. individual rights: While public order is a valid constitutional limitation under Article 25, Justice Sharma’s reasoning effectively places an undue burden on minority communities, forcing them to accept segregationist practices. This approach risks emboldening majoritarian pressures, particularly in deeply polarised societies.

Article 142 directions: A compromise that misses the larger picture

The Supreme Court’s decision to invoke Article 142 to direct the immediate burial of the deceased at the designated Christian graveyard in Karkapal reflects a pragmatic approach to resolving the immediate dispute.

While this direction ensured that the petitioner could proceed with the burial without further delay, it falls short of addressing the deeper constitutional and social issues raised by the case. The Court’s reliance on Article 142 to avoid a prolonged legal battle highlights an attempt to balance competing interests, but it also exposes significant gaps in judicial engagement with structural discrimination.

One of the most troubling aspects of this compromise is the Court’s avoidance of the core constitutional issues at stake. Instead of referring the matter to a larger bench to decisively address whether the denial of burial rights in the village graveyard amounted to unconstitutional discrimination, the Court settled for an ad hoc resolution. This avoidance not only leaves the fundamental question of the constitutionality of such practices unanswered but also risks setting a precedent where urgent cases involving marginalised communities are reduced to temporary, case-specific solutions. By failing to engage with the broader principles of equality and secularism, the Court missed an opportunity to lay down a robust precedent that could guide future disputes of a similar nature.

The compromise also reinforces the marginalisation of minority voices. By directing burial at a designated Christian graveyard far from the petitioner’s village, the Court effectively sidelined the petitioner’s plea for equal treatment and dignity. This resolution sends a message that minority communities must navigate systemic biases rather than challenge them outright. The petitioner’s demand for burial in the village graveyard was not just a logistical issue but a symbolic assertion of equality and belonging. The Court’s failure to address this demand perpetuates the notion that minorities must acquiesce to discriminatory practices, thereby entrenching their exclusion from shared communal spaces.

While the invocation of Article 142 served to bring an end to the immediate crisis, the compromise falls short of delivering substantive justice. It highlights a judicial tendency to focus on expediency at the expense of confronting structural inequalities, leaving marginalised communities to grapple with the long-term consequences of systemic discrimination.

Critical reflections: Judicial challenges in addressing discrimination

The Supreme Court’s handling of the burial dispute raises important concerns about the judiciary’s approach to balancing constitutional values against public order, systemic discrimination, and local governance. A closer examination of the case reveals troubling trends that demand critical scrutiny.

First, Justice Sharma’s emphasis on maintaining public order over upholding individual rights reflects a growing judicial inclination to privilege peace and harmony over addressing the legitimate grievances of marginalised communities. While public order is undoubtedly an important consideration, prioritising it in this manner risks reinforcing entrenched biases rather than dismantling them. In cases involving historically marginalised groups, such an approach undermines the transformative potential of the Constitution by legitimising social hierarchies under the guise of pragmatism.

Second, the Court’s avoidance of structural issues highlights a broader hesitation to confront systemic inequities. By focusing on short-term solutions, such as imposing a two-month deadline for demarcating burial grounds for Christians, the Court addressed only the immediate logistical concerns without tackling the underlying issues of social exclusion and prejudice.

The decision stops short of questioning whether the segregation of burial grounds is constitutionally permissible, thereby missing an opportunity to challenge practices that perpetuate discrimination.

Third, the case underscores the politicisation of local governance bodies, which often act as enforcers of communal divides rather than mediators of inclusive policies. Instead of protecting the rights of all citizens, these institutions have increasingly become instruments of exclusion, driven by majoritarian pressures. The judiciary must play a more active role in holding local governance bodies accountable to constitutional principles, ensuring they act as facilitators of inclusion rather than agents of division.

Finally, the intersection of caste, religion, and conversion brought to light by this case reveals the persistent hostility faced by tribal Christians. These individuals often occupy a precarious position, trapped between their ancestral identity and their chosen faith. Conversion to Christianity frequently becomes a basis for denying them access to ancestral land or communal spaces, exacerbating their social exclusion.

The judiciary must ensure that constitutional protections extend to all citizens, irrespective of their faith or choice to convert, and that conversion does not become an excuse for perpetuating discrimination.

Together, these reflections highlight the need for a more proactive and transformative judicial approach to address structural inequalities and protect the rights of marginalised communities.

Broader implications: The judiciary’s role in addressing systemic discrimination

The split verdict in this case underscores the judiciary’s ongoing struggle to reconcile constitutional principles with the realities of an increasingly polarised society. Justice Nagarathna’s dissenting opinion serves as a vital reminder of the judiciary’s fundamental duty to uphold constitutional values and protect the rights of marginalised groups. Her emphasis on equality and non-discrimination reflects the transformative vision of the Constitution, which seeks to dismantle systemic inequities and foster inclusivity.

However, the lack of a decisive resolution on the fundamental issue of discriminatory burial practices reveals the judiciary’s limitations in confronting entrenched societal biases. By failing to refer the matter to a larger bench or deliver a definitive ruling, the Court has missed an opportunity to provide clarity and enforce constitutional safeguards against discrimination.

This case also brings to light the pressing need for legislative reforms aimed at ensuring equal access to public burial grounds for all communities, irrespective of caste, religion, or conversion status. The judiciary’s reliance on public order as a justification for discriminatory practices risks normalising exclusionary behaviour, allowing prejudices to persist under the guise of maintaining peace. Legislative intervention is critical to prevent such misuse of public order and to establish clear, enforceable guidelines that uphold the principles of equality and secularism.

In a country as diverse as India, disputes of this nature challenge the foundational ideals of the Constitution, particularly secularism and equality.

The resolution of such cases serves as a litmus test for the judiciary’s commitment to addressing systemic discrimination and safeguarding the rights of marginalised groups. While pragmatic solutions may provide immediate relief, they fail to address the deeper social and institutional barriers that perpetuate exclusion. To truly uphold constitutional ideals, the judiciary must adopt a more assertive stance, one that not only resolves individual disputes but also challenges the systemic biases that underlie them.

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Eradicating Stigma: A Landmark Judgment on Manual Scavenging and Justice for Dalits

The post Constitutional ideals vs. public order: SC delivers split verdict on Christian burial rights, fails to confront structural discrimination appeared first on SabrangIndia.

The body of a 28-year-old journalist was found in a septic tank on the premises of a contractor whom he had recently exposed for corruption in #Chhattisgarh. #MukeshChandrakar, who worked with a local news channel, was found dead on January 3 in #Bijapur district.

Mukesh, who… pic.twitter.com/tPl7LLFAJO

— Hate Detector (@HateDetectors) January 4, 2025

Chandrakar, known for his in-depth reports on alleged corruption in public construction projects, was also the host of a popular YouTube channel. His family claims he had been receiving threats for exposing a scam related to a road project, suggesting his tragic death may have been a targeted attack. Hours before his body was found, his brother posted a heartfelt video on the channel, appealing for help and revealing the emotional devastation of losing his brother.

Goodbye @MukeshChandrak9 Your reporting for his soil, for society, and for humanity always be remembered. My humble requests to the politicians is that they should not play politics on his death.#MukeshChandrakar #Bastar pic.twitter.com/u99EsLOhPd

— Aarav Gautam (@IAmAarav8) January 4, 2025

Who is Mukesh Chandrakar?

Mukesh Chandrakar, a fearless investigative journalist known for his ground reporting in Chhattisgarh’s conflict-ridden Bastar region, had a remarkable trajectory. From his humble beginnings of selling mahua liquor and working as a mechanic, he transitioned to journalism by renting an office and eventually starting his YouTube channel, Bastar Junction, which garnered 1.66 lakh subscribers. At just 32, Mukesh had carved a niche for himself, bringing attention to crucial issues, especially in a region plagued by Maoist violence and corruption.

Born in Basaguda, a village severely impacted by the armed conflict of the mid-2000s, Mukesh’s early life was marked by hardship. His family, displaced by the violence, sought refuge in a government shelter in Bijapur. After the death of his father when Mukesh was a child and his mother’s untimely death in 2013, Mukesh, along with his brother Yukesh, persevered through the challenges.

Mukesh’s reporting on the dire state of a road in Bijapur, which was tied to his cousin’s construction contract, led to an official inquiry. Angered by the story, Mukesh’s cousin, contractor Suresh Chandrakar, allegedly orchestrated his murder, with his brother Ritesh carrying out the act. Mukesh’s death reflects the risks faced by journalists exposing corruption in volatile regions, as Indian Express reported.

Press Club and Editors Guild express concern over journalist’s safety

On January 4, the Press Club of India expressed its shock and condemnation over the brutal murder of Mukesh Chandrakar. The Club strongly condemned the killing, calling for swift, time-bound action against the perpetrators. In a statement, the club said, “We strongly condemn the killing and demand time-bound action against the perpetrators.”

The Press Club also requests the Press Council of India to take cognisance of the matter and demand that the state government take appropriate action. The Club urged that, “The state government should immediately look into the long-standing demand of local journalists to enact a law to protect journalists.’

The Press Club of India is shocked to learn about the murder of Bijapur (Chhattisgarh)
based young freelance journalist Mukesh Chandrakar.

We strongly condemn the killing and demand
time-bound action against the perpetrators.

The club also requests the @PressCouncil_IN to… pic.twitter.com/cwD1tbYEBj

— Press Club of India (@PCITweets) January 4, 2025

On January 4, the Editors Guild of India issued a strong statement expressing deep concern over the brutal murder of Mukesh Chandrakar. The Guild condemned the suspected killing and raised alarm over the apparent foul play behind his death and said that, “The young journalist’s death is a matter of grave concern as it raises suspicion of foul play.” The Guild, urging the Chhattisgarh government to expedite the investigation and ensure those responsible are swiftly brought to justice, expressed that, “The Editors Guild calls on the government of Chhattisgarh to spare no efforts in investigating the case speedily and bringing the guilty to book.”

The Editors Guild highlighted the broader issue of journalist safety, particularly for those working in smaller towns and rural areas. “The safety of journalists, especially those working in smaller towns and rural areas, is of paramount importance,” the statement continued. “Authorities across the country must ensure that no harm or hindrance is caused to journalists in the course of their professional duties.”

EGI statement on the death of journalist Mr. Mukesh Chandrakar pic.twitter.com/LtOI7oYw3T

— Editors Guild of India (@IndEditorsGuild) January 4, 2025

The Guild further mentioned the essential role of a free press in a functioning democracy. “A free press that is allowed to work without fear is important for any democracy. While the Editors Guild grieves Mr. Chandrakar’s death, it hopes that his passing under unnatural circumstances will serve as a wake-up call and prompt better measures for journalist protection. The country must not let Mr. Chandrakar’s death go entirely in vain.”

Press Council seeks report from Chhattisgarh Government over killing, takes suo moto action

On January 4, the Press Council of India took suo moto cognizance of the suspected brutal killing of journalist Mukesh Chandrakar. It has requested a report on the case from the Chhattisgarh government. Justice Ranjana Prakash Desai, Chairperson of the Press Council, also expressed deep concern over the incident.

#pressreleasepci #presscouncilofindia pic.twitter.com/GMV19fLpa3

— Press Council of India (@PressCouncil_IN) January 4, 2025

Mukesh Chandrakar’s heroic role in CoBRA mission

Mukesh Chandrakar played a heroic role in securing the release of CoBRA commando Rakeshwar Singh Manhas, who had been held captive by Maoists in April 2021. This occurred after the deadly Takalguda Naxal ambush in Bijapur, where 22 security personnel were martyred. The CoBRA Battalion, a specialized unit of the CRPF focused on jungle warfare, had been involved in the ambush. Mukesh, alongside six other journalists, helped facilitate negotiations between the security forces and the Maoists, ensuring the safe return of the captured CoBRA jawan.

Public protests demand justice, held Candle march

The brutal murder of Mukesh Chandrakar has ignited widespread protests. On Sunday, January 5, members of the Mahar community organized a candle march, demanding the death penalty for the accused. Journalists also took to the streets, staging a protest at the Raipur Press Club, calling for swift and severe action against those responsible for the journalist’s death.

The candle march began at Ambedkar Bhawan and concluded at Jaistambh Chowk. RD Jhadi, a patron of the Mahar Samaj, stated that all those involved in the murder should face the harshest punishment, as reported in The Print.

Murder of Chandrakar is a grim reminder of the danger faced by Journalists: Kejriwal

While condemning the murder of Mukesh Chandrakar and expressing concern over the safety of journalists, AAP President and former Delhi Chief Minister Arvind Kejriwal stated, “The killing of Mukesh Chandrakar is a stark reminder of the risks faced by journalists who expose corruption and speak the truth. The perpetrators of Mukesh’s murder must receive the harshest punishment.”

The murder of #MukeshChandrakar is a grim reminder of the dangers faced by journalists who dare to expose corruption and tell the truth.

The culprits behind Mukesh’s murder must face the harshest punishment. pic.twitter.com/pPmW6qlX7O

— Arvind Kejriwal (@ArvindKejriwal) January 5, 2025

Arrest of key suspect in journalist Mukesh Chandrakar’s Murder

Days after a Chhattisgarh-based journalist was found murdered, the key suspect in the murder of Bastar journalist and YouTuber Mukesh Chandrakar, Suresh Chandrakar, was arrested by a Special Investigation Team (SIT) of the Bijapur police from Hyderabad on the night of January 5, 2025. Police confirmed the arrest after the body of Mukesh was discovered on January 3, hidden in a septic tank at a property owned by Suresh in Chattanpara Basti, Bijapur. Three others involved in the crime—Ritesh Chandrakar, Dinesh Chandrakar, and supervisor Mahendra Ramteke—have already been arrested in connection with the case.

In response to the crime, authorities have moved to seize Suresh Chandrakar’s illegal properties. A construction yard that he had established after encroaching on forest land along the Bijapur-Gangaloor Road has already been demolished. Furthermore, police have initiated steps to freeze Suresh Chandrakar’s bank accounts, with three of his accounts already put on hold.

Alleged motive: corruption in road construction and alleged tide with Congress and BJP

A news report aired on NDTV on December 25, 2024, exposing alleged corruption in a road construction project in Bijapur, is believed to have triggered the murder. The project, linked to contractor Suresh Chandrakar, is seen as the possible motive for the crime. Additionally, Chhattisgarh Deputy Chief Minister Vijay Sharma claimed that Suresh Chandrakar had ties with the Congress party, while opposition parties assert that he recently joined the ruling BJP.

BJP’s Jungle Raj in Chhattisgarh, Congress condemned the killing

On January 3, Congress criticized the BJP-ruled Chhattisgarh government over the brutal killing of journalist Mukesh Chandrakar, questioning the state’s law and order. In a post on its official X handle, Congress wrote:

“BJP’s jungle raj in Chhattisgarh.

Journalist Mukesh Chandrakar exposed corruption in road construction. Enraged by his findings, the contractor responsible for the road lured Mukesh, killed him, and dumped his body in the septic tank of his own house.

In BJP’s jungle raj, no one is safe. The law-and-order situation is in complete disarray.

It’s no surprise that the media won’t highlight this issue or challenge the BJP government, as the ‘Sab Changa Si’ mode is on.

We demand swift and strict action in this case. Mukesh’s family deserves justice, and it should be delivered without delay.”

छत्तीसगढ़ में BJP का जंगलराज

पत्रकार मुकेश चंद्राकर ने सड़क में भ्रष्टाचार का खुलासा किया था. इसके बाद से सड़क बनवाने वाला ठेकेदार नाराज था.

ठेकेदार ने मुकेश को बुलाया और उन्हें मारकर लाश को अपने घर की सैप्टिक टैंक में चुनवा दिया.

BJP के जंगलराज में कोई भी सुरक्षित नहीं है.… pic.twitter.com/vyoiCWIw0O

— Congress (@INCIndia) January 3, 2025

Chhattisgarh government formed SIT probe; alleged accused tied with Congress

Following the incident, the Chhattisgarh government’s orders SIT probe over the incident. BJP alleged a strong connection between the prime accused, Suresh Chandrakar, and the Congress party. Chhattisgarh’s Deputy Chief Minister and senior BJP leader Arun Rao took to his X handle

 “A lie does not turn into truth by shouting loudly, dear Bhupesh ji!

This is the basic mantra of Congressmen.

Anyone who comes in contact with their corruption will be crushed to pieces.

And the Congress contractor did the same with brave journalist Mukesh of Bijapur!

Those defending the contractor accused of murder raised concerns about morality.”

जोर-जोर से चिल्लाने से झूठ सच में नहीं बदल जाता प्रिय भूपेश जी!

कांग्रेसियों का मूल मंत्र है..
जो उनके भ्रष्टाचार से टकराएगा चूर-चूर हो जाएगा।

और वही किया कांग्रेसी ठेकेदार ने बीजापुर के जांबाज पत्रकार मुकेश के साथ!

हत्या के आरोपी ठेकेदार की पैरवी करने वालों ने नैतिकता..(१/४) https://t.co/WFj6XrrIIg pic.twitter.com/20M1Q7iJbU

— Arun Sao (@ArunSao3) January 4, 2025

Letter of boycott of Mukesh Chandrakar by Congress viral on social media

Amidst allegations linking the accused contractor, Suresh Chandrakar, to the Congress party, a letter dated April 29, 2024, from the District Bijapur Congress Committee has gone viral on social media. The letter reveals that journalist Mukesh Chandrakar, along with his colleagues Ishwar Soni, Ranjan Das, and Chetan, was officially boycotted by the district Congress committee. This action was taken after the journalists were accused of publishing and reporting false news about Bijapur MLA Vikram Mandavi. The controversy surrounding this letter has fuelled further speculation and debate, with critics questioning the motives behind the boycott.

Wayanad MP Priyanka Gandhi also condemned the killing, demand strict action

Congress leader and Lok Sabha MP Priyanka Gandhi Vadra condemned the killing of Mukesh Chandrakar. She expressed her condolences through her X handle and wrote that, “The news of the murder of Bastar, Chhattisgarh journalist Mukesh Chandrakar is shocking. According to reports, Mukesh was brutally murdered after he exposed corruption in his report. I demand from the state government that strict and immediate action should be taken in this case, the culprits should be given severe punishment and proper compensation and job should be considered for the family of the deceased.

Humble tribute!”

बस्तर, छत्तीसगढ़ के पत्रकार मुकेश चंद्राकर जी की हत्या का समाचार स्तब्ध करने वाला है। खबरों के मुताबिक, मुकेश जी ने अपनी रिपोर्ट में भ्रष्टाचार का खुलासा किया था जिसके बाद उनकी बेरहमी से हत्या कर दी गई।

मेरी राज्य सरकार से मांग है कि इस मामले में सख्त और त्वरित कार्रवाई हो,… pic.twitter.com/I1TwRJXOFW

— Priyanka Gandhi Vadra (@priyankagandhi) January 4, 2025

The tragic death of Mukesh Chandrakar, a courageous 32-year-old freelance journalist from Chhattisgarh, has not only shocked the nation but also highlighted the grave risks faced by journalists in volatile regions. Chandrakar, known for his investigative reporting on corruption within public construction projects, was discovered murdered in a septic tank, raising suspicions that his death was directly linked to his work exposing illegal activities. His death underscores the vulnerability of journalists who dare to challenge powerful figures in corrupt systems. Mukesh’s fearless reporting and his YouTube channel, “Bastar Junction,” gave voice to the marginalized and shed light on corruption and violence in Chhattisgarh’s conflict-ridden Bastar region.

This incident has sparked widespread outrage and concern from press organizations like the Press Club of India and the Editors Guild, who have demanded swift justice and stronger protections for journalists. The brutal killing is a stark reminder of the critical need for legal safeguards and enhanced security for those who report the truth. The ongoing investigation into Mukesh’s murder, with arrests made, is an important step, but it also highlights the urgent need to address the broader issue of journalist safety. Mukesh Chandrakar’s death must serve as a catalyst for stronger measures to protect journalists and ensure that such atrocities do not go unpunished.

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The post Investigative Journalist Mukesh Chandrakar killed for exposing corruption appeared first on SabrangIndia.

The lone survivor has recounted that a mob of 14-15 people attacked them. Two people travelling with him, with one of them being his brother. Their bodies were then thrown from a bridge onto a riverbed. To save his own life, the survivor says he jumped off the bridge himself.

Those who died are reportedly young Muslim men named Chand Miyan, 23, and Guddu Khan, 35. The injured person is named Saddam Qureshi. All of these men were workers from Uttar Pradesh. A harrowing 57-second video of the survivor is circulating widely on social media which shows the survivor, barely conscious in his hospital bed.

Reports indicate that these vigilantes attacked the truck because they suspected the truck drivers of smuggling cows. They chased the Chhattisgarh-registered truck from Patewa along the Mahasamund-Arang Road, approximately 70 kilometres from Raipur, and stopped it on a bridge over the Mahanadi River, where they started assaulting the men.

Raipur Senior Superintendent of Police Santosh Singh has told the media that an FIR has been registered regarding the incident. As per reports on NDTV, a senior official has stated that so far, there is no evidence to point towards the idea it was a case of mob lynching, and autopsy reports are still awaited.

The body of one of the victims reportedly showed multiple fractures, with one foot severely damaged.

NDTV has also reported that the truck found near the bridge has been ‘seized’, and the police have put the animals in an animal shelter.

The assault took place between 2am and 3am. The police came to the site after an hour. Raipur ASP Kirtan Rathore informed reporters that upon arrival, one person was already deceased. The two surviving victims were transported to a community health centre, where the second person later succumbed to his injuries.

According to Bhaskar News, Shoaib, the brother of Saddam Qureshi, who was injured in the mob lynching incident in Chhattisgarh, stated “Saddam was groaning in pain and saying, ‘Brother, my leg is broken.’ He even asked for water, but the attackers continued to beat him.”

Times of India has reported that the wife of one of the deceased, Guddu, who is pregnant has been in shock ever since she heard the news.

In other news, trucks carrying goats for the sacrifice on Eid-ul-Zuha were reportedly attacked by the cow vigilantes in Ahmedabad, Gujarat.

Trucks carrying animals for #Eid-Ul-Adha were stopped by #Hindutva organisations amid #JaiShriRam slogans creating tense situation in #Paldi area of #Ahmedabad, #Gujarat. pic.twitter.com/tVfb3LRuOY

— Hate Detector (@HateDetectors) June 11, 2024

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Hindutva Rising: Muslim man lynched, day later Hindutva groups disrupt protest for Babri in West Bengal 

The post Two dead, one injured after truck carrying cattle chased and attacked in Chhattisgarh appeared first on SabrangIndia.

Details of the incidents

Gujarat 

On April 15, Bhagirathsinh Rathod, founder of Ekta Aj Laksh Sangathan, delivered a communally charged speech in Kathlal, Kheda, indirectly accusing the Muslim community of engaging in stone pelting, and asking the young women audience to be wary of Muslim youngsters pursuing love jihad. The event was organised under the banner of “Samagra Hindu Sanatan Samaj”, purportedly celebrating “Ram Navami Mahotsav 2024”.

The excerpt from his speech reads, “If someone tries to meddle with our gods, faith, sisters, and cows,  we will respond back a brick with a stone. I warn (you), if this time some Jihadi minded people throw stones at our Shobha Yatra, then we will go the place from where he is throwing the stone, and we will throw him from that place.…though we do not disrespect any religion, we Sanatanis will not tolerate disrespect to our religion.…I repeat again, when you go to Navratri, see how do you look? You look like goddess Amba…(now) if some Mahishasur (demon) in the form of love jihadi comes to you, do not get trapped there, but tear his chest apart. We (all) are envisioning the Hindu Rashtra, therefore, we Hindus should not be fighting among ourselves over petty issues…we should aim to hold our unity together…”

Unnao

BJP MP Sakshi Maharaj gave the speech on April 17 at Bhagwantpur, Unnao, Uttar Pradesh, during which he propagated false conspiracy theory of population jihad by hinting that Muslim men have 4 wives and 40 children, thus requiring population control law to prevent overpopulation in the country.

An excerpt from his speech reads, “When next time the Prime Minister Modi returns to the power he will do two things, first is the law to regulate population. ‘We two, and our two’ (hum do, hamare do), or whatever else it may be, but in any case, it will not allow 4 wives and 40 children. The availability of land is reducing and population is increasing, where will (you) stay? what will (you) eat? where will (you) reproduce? That is the reason why we need the law on population control.  We cannot have two constitutions in the same country, we have shown that in Kashmir. We also need to have Uniform Civil Code, and we will do it. Once we get 400+ seats, then there will be no symbol of slavery in this country, and then you will feel that the country has got freedom.”

Shambhaji Nagar

On April 17, in an event organised at Shambhaji Nagar in Maharashtra, children and minors were found performing the song whose lyrics advocated expulsion of people who did not sing Vande Mataram. The involvement or deployment of minors in the propagation of hate has seen some rise in the recent years. Most recently in Uttar Pradesh, school teacher had used communal slurs and directed classmates to slap a fellow minor Muslim classmate for not performing well in the academics. 

The children in this incident can be found performing the song with the following lyrics, “…(You) will have to sing Vande Mataram (audience repeats) or else you will have to leave from here (audience repeats again). If (you) refuse to leave, we will forcibly remove you, we will show (you) your place (aukaat). Jai Siya Ram, Jai Siya Ram, Raghupati Raghav Raja Ram, Jai Siya Ram, Jai Siya Ram.”

Amravati

On April 19, BJP Lok Sabha Candidate for Amravati Constituency, Navneet Rana, incited the crowd by saying that those who want to stay in India must chant Jai Shree Ram. 

Rana asks the crowd, “If you want to stay in India then…”, the audience responds back, (If you want to live in India then…) “you will have to say Jai Shree Ram”. Rana continues, “and you definitely have to say it (Jai Shree Ram)”. “Every kid has got aware about it, now Pakistan’s flag will not be tolerated in India, it will not be tolerated in Amravati.” “Those who love Pakistan…in my country only our flag will be hoisted, no other country’s flag will be tolerated by today’s youth”. 

As Rana retreats, another woman takes over the stage, telling the audience that cow slaughterers will go to hell, before the music starts playing in the background. The woman also incites the audience by referring to Kashi and Mathura (temple-mosque controversy), suggesting that they will meet similar fate as Ayodhya. The video shows that the crowd continues to cheer and dance to the beats of the music system while the woman adds to their frenzy with her own singing, suggesting religious and communal connotations as she begins singing to the beats of the loud speakers.

Chhattisgarh

On April 21, Uttar Pradesh Chief Minister Yogi Adityanath was caught delivering a communally charged speech during his event in Rajnandgaon, Uttar Pradesh, where he used the familiar trope of Jihad, accusing the Congress of appeasement politics.

The excerpt from his speech reads, “Sisters and brothers, I ponder sometimes that even (our) mother cows were handed over to cattle smugglers and butchers, when jihadi activities were given free hand. What kind of incident had taken place with Bhuneshwar Sahu? I congratulate the public of Chhattisgarh for electing his father Ishwar Sahu as an MLA, paying a real tribute to Bhuneshwar Sahu. Bhuneshwar Sahu made only one mistake, that he opposed love jihad and Congress’s appeasement politics.”

Nashik

In a speech given by Harsha Thakur during an event organised by Sakal Hindu Samaj on 22 April at Budhwar Peth, Nashik, Maharastra, the speaker gave an open call to Hindu women to take up arms in order to protect themselves, with an ambiguous reference made against the Muslim community. 

The excerpt from the speech reads, “Learn to hold weapons in your hand, anybody can hide under Burqa. If you leave your religion, you will be found in 35 pieces, and then only fridge and suitcase will be discovered. Read Shaashtra (ancient literature) and take up the arms. Become staunch and loyal towards your religion.” 

Rajasthan

BJP leader Mahant Balaknath Yogi gave a speech in Sirohi, Rajasthan, on April 23, accusing the government of favouring a “particular” religious community while unfairly discriminating against Hindus. Mahant accused previous Congress government in Rajasthan of appeasement politics, noting that Hindus did not get a single rupee in compensation even while a cow smuggler’s family from a “particular” community received 25 lakhs in compensation by the former Rajasthan CM.

The transcript of the speech reads, “…The kind of activities that have taken place in Rajasthan in recent times, how the politics of appeasement was given a push. You must not have forgotten the Jaipur and Udaipur incidents, how somebody slit the throat of a Ram Bhakt. In Jaipur, a member from a particular community was killed in an accident, what right did they have to give Rajasthan’s 50 lakh rupees as a compensation? So many sisters and daughters have been disrobed of their respect, and many were brutally killed, but nobody got any money; on the other hand, particular community is getting paid 50 lakhs. Somebody killed a smuggler in Alwar, he was (actually) killed in other state, that is what people are saying. Chief minister had gone to his house, 10 cases of cow smuggling is registered against this person, and the chief minister gave his household 25 Lakhs…your former chief minister (gave it).” 

In a separate incident in Gurugram (Haryana), Bajrang Dal members were captured on record forcibly closing Muslim shops selling non-vegetarian food on Hanuman Janmotsav festival. The video of the incident was uploaded by Hindutva Watch on April 26 on its Telegram channel.

Related:

Elections 2024: The past fortnight of April 2024 saw the first phases of the Lok Sabha polls marred by repeat doses of hate speech

Ram Navami Celebrations 2024: Calls for mosque desecration, sword displays, and provocative slogans ignite tensions

Several instances of hate speech in March and April mar the election cycle, demonise religious minorities before the polls 

The post April: CJP’s hate watch campaign analyses several hate incidents reported across the country in the last week appeared first on SabrangIndia.

Speaking to IAN 24, local media, Bajrang Dal members can be seen asking for the demolition of the Church, “This is our work, where the Hindu Samaj’s population is more, and we will stop conversion (of Hindus) there. To stop the ‘love jihad’ and conversion of our Hindu sisters is also our duty.” The police have stated that they received information about a huge gathering of people in the area, after which the police reached there and handled the situation. The police have also said that they are conducting an inquiry and preparing to identify people via the CCTV footage available.

Christians in the area gathered and spoke against the incident. One individual spoke to the KP News in a report from March 4, saying, “Aaradhna was going on in the Church. The Bajrang Dal people came to the Church and were doing a lot of ruckus. We were standing there to protect our people. The police came and tried to separate the people. The Bajrang Dal were asking for the Church to shut down. Who has given them the right to ask that?” Several of the people at the gathering showed their injuries to the reporter that they incurred on Sunday.

Another lady says that stone pelting started from the ‘other side’, “Secondly, if Bajrang Dal says we are converting people, who has given them the licence to enter the Church and beat up people. If they have the authority, then what are the police and administration for? We have been hearing such cases from all over in Chhattisgarh of Bajrang Dal entering Churches and accusing Christians of religious conversion.” She further continues, that if Bajrang Dal has concerns about religious conversion, they can come with police and proper proof.

A news report by KP News interviews right-wing Hindutva members, who tell the reporter, “Vishwa Hindu Parishad has been very successful country wide (in preventing religious conversion). We have been given information (soochna) from above, the Centre, to stop religious conversion regardless of whether the administration does it or not.” He continues saying Bajrang Dal members are given instructions to take sticks with them, “They must not get beaten up and come, but must beat and come.”

Chhattisgarh has witnessed several attacks by right-wing Hindutva organisations like Bajrang Dal against Christians. As per a report by the United Christian Forum, Chhattisgarh saw the second highest number of attacks against Christians in the country in 2023, with Uttar Pradesh coming first.

Related:

Telangana: Christian cemetery attacked a week after Dalit Churchgoers were attacked

Assam: Hindutva group issues ultimatums to Christian-run schools

Christian prayer hall attacked in Karnataka

The post Tensions rise as Chhattisgarh sees frequent attacks on Christians appeared first on SabrangIndia.

On the one hand. while the local Adivasi community-led protests are being suppressed by the state government, the establishment –regardless of which party is in power, Indian National Congress (INC) or the Bharatiya Janata Party (BJP) –is adamant on continuing the coal mining project.

Adivasi activists have alleged that the newly elected BJP government in the state has handed over thousands of hectares of forest lands to big corporate players. It is feared that these state-imposed policies may lead to further displacement of the indigenous community in the state. 

While axes fell the trees in Surguja districts in Chhattisgarh, it is police batons that are raining violence on the protesting Adivasis. News of large numbers of recent arrests of Adivasi activists by the police has also been documented. 

Given the huge protests, the state government has also arranged for a large deployment of security forces in the areas. Instead of initiating a dialogue and addressing the growing discontent of the people, the BJP government has approached the issue by intensifying armed security. 

According to the indigenous activists, both the police and the local administration are threatening the local Adivasi community against raising their voices against the ongoing deforestation projects. They have alleged that the local administration has been instructed by the state government to deal firmly with the protestors. –

The state government’s repressive policy is a tool to generate fear among the protestors, who are waging a life and death battle les against the greed-propelled and ecologically unfriendly models of development.

But Chief Minister Vishnu Deo Sai has, so far, appeared to be in denial mode by saying that so far no arrest had been made. He is unwilling to engage with the allegations that his government has failed to involve the indigenous community in the developmental process.  Even the Constitutionally-mandated laws giving special protection to the Adivasi community and the resources in their areas have been bypassed to facilitate the plunder of the natural resources. 

For example, a news story by the news agency PTI revealed that the state government has handed over a thousand hectares of forest lands for mining in the Surguja district to corporate players, triggering wide-scale protests. The Hasdeo Arand Bachao Sangharsh Smiti, which is led by the Adivasi community, has been raising voices against the handing over of the forest lands to corporate players. 

The voices of protests against the deforestation of the Hasdeo forest are also being echoed in different places in the country. 

A public meeting was held in New Delhi’s Press Club of India on January 2 during which a large number of activists, civil society members and intellectuals, united under the banner of Chhattisgarh Bachao Andolan (CBA), expressed their deep concern about “corporate takeover” of the natural resources.

Prominent among those who attended this press conference were Alok Shukla (Chhattisgarh Bachao Andolan), Thawar Chand Meena (MLA from Dhariawad, Rajasthan), Umeshwar Singh Armo (Hasdeo Aranya Bachao Sangharsh Samiti), Prashant Bhushan (Supreme court advocate), Prafulla Samantray (activist), Sudiep Shrivastava (Chhattisgarh High Court advocate) Paranjoy Guha Thakurta ( author and journalist) and Professor Nandini Sundar (University of Delhi).

At the Press Club of India, the activists and the civil society members rightly linked the fight to save Hasdeo Aranya forest to other struggles to save nature and the life of the Adivasi community across the country. According to them, the corporate loot of minerals including coal and bauxite is happening at various places in India, particularly in the Adivasi regions.  

History is witness to the fact that since the colonial era, the vicious cycle of the exploitation of natural resources from the Adivasi areas and the displacement of the indigenous population has not stopped. 

The rise of the modern state and the profit-based economic model are some of the major factors for the destruction of the environment and the attacks on the indigenous community. With the introduction of the institution of private property during colonial time, the landlords, moneylenders and colonial administrators penetrated the Adivasi region to inflict ruins on them. 

Such exploitative colonial policies supported by the native landlords and money lenders were vigorously opposed by a series of revolts by the Adivasi community. One of them was led by Birsa Munda in the last phase of the nineteenth century. Birsa’s struggles were aimed at achieving self-rule for the Adivasi community and autonomy in their regions. 

After Independence, the promises made to the Adivasi community were largely forgotten. It was the Adivasi region which was chosen for the construction of the large-scale dams and the mining projects. This led to the destruction of the environment, loss of biodiversity and the displacement of the Adivasi community on a large scale. 

While the migration of non-Adivasi outsiders to the Adivasi areas has been substantial, leading to ae change in the demography, the ongoing policies of deforestation, mining and industrialization have also rendered Adivasis homeless, forcing them to migrate to urban areas where they have no social security. Nor are they often recognized as the Scheduled Tribes (ST) by the state.

Undoubtedly, the Adivasi community has been the worst sufferers of the developmental projects. The Constitution’s provisions for the protection of the Adivasi community continued to be violated to facilitate the corporate plunder of the resources. Worse still, the consent of the Adivasi community for the developmental project is either bypassed or obtained through coercive methods. Sadly, regions in central India, dominated by the indigenous Adivasi population are also among the most heavily militarised by the state. Yet, on the human development index, the same regions fall behind, are the most backward regions.  

What is happening with the Hasdeo Aranya forests is the cruel continuation of the process of colonisation in the Adivasi areas. But sooner or later such anti-Adivasi policy must stop to ensure the will of the people, and the future of Indian democracy. 

(Dr Abhay Kumar is a Delhi-based journalist. He has taught political sciences at NCWEB Centres of Delhi University.)

Disclaimer: Views and opinions expressed in this article is solely that of the author and does not necessarily reflect the views or position of Sabrang India and this site.

The post Chhattisgarh: Why we must save the Hasdeo Aranya Forest appeared first on SabrangIndia.

Meanwhile, in response to the protests, former deputy chief minister and Ambikapur MLA T.S. Singh Deo, a political strongman from the Sarguja region where Hasdeo is located, met protesters and said that he had spoken with the chief minister about the ongoing protests in Hasdeo Arand.

Addressing the media in the national capital of New Delhi, CBA convener Alok Shukla also highlighted the fact that “fake gram sabhas” were being organised in the state for seven coal blocks allocated to corporate houses, “Hasdeo forests are being cut for corporate profit and not to meet demand for coal.”

Others from Hasdeo Aranya Bachao Sangharsh Samiti, Sudiep Shrivastava, advocate, Chhattisgarh High Court, highlighted how irrespective of the party in power, Congress of Bharatiya Janata Party (BJP), Adivasi community has always suffered at the hands of corporates. This has been reported in The Times of India, The Wire and Mooknayak..

Adivasis and forest dwellers from across India, Rajasthan, Gujarat to Chhattisgarh and Odisha, have been excluded from all benefits of progress while have paid the greatest cost for the development schemes, speakers alleged. Umeshawar Singh Armo, a leader of the movement and a member of the Hasdeo Aranya Bachao Sangharsh Samiti highlighted the “brutal treatment of Adivasi’s protesting the destruction of Hasdeo forests.

Seven persons active in the movement have been charged under fake cases in the FIRs filed against them. If these forests are not saved, people will lose all confidence in the government,” he said. Advocate Sudiep said, “Hasdeo forests are being cut for the benefit of one corporate that is Adani Group.”  He stressed how, ever since 2014, Hasdeo forests had been declared a no-go zone but time and again this has been overlooked.  To pursue a skewed “development” agenda, the Adivasi community is not only being displaced but their protests are being criminalised, the organisation said.

Activists and tribals have been protesting against massive tree felling in Hasdeo forest which is home to many tribal communities, wild animals and birds and are now facing a direct impact on their lives due to the deforestation and mining activities. The site of PEKB coal mine has been allotted to Rajasthan State Power Generation Corporation Limited by the ministry of coal. The ministry of environment and forests has granted the power company permission for excavation of coal in the last phase. Of the 134.7 hectare forest land allotted for the coal mine, over 91.1 hectare land has to be handed over to the Rajasthan Company for mining. Both the forest department and Surguja district administration jointly decided to begin tree felling for extension of the coal mine.

BIG BREAKING

Huge protest against BJP Government
Tribal people protect
The water, forests and Land

But Godi Media not coverings because Big businessman involved in the case

Repost Tweet#SaveHasdeo pic.twitter.com/qrrd9q2tg4

— Ashish Singh (@AshishSinghKiJi) January 3, 2024

A section of activists also spoke of the futility of having an Adivasi chief minister if he continues to overlook the community’s priorities to facilitate corporate interests in Chhattisgarh. The question whether Vishnu Deo Sai, the state’s first tribal chief minister, will intervene in the matter has immediately become a dominant concern, and perhaps, the first big challenge for the newly appointed chief minister.

“Yes, Chhattisgarh has got its first tribal chief minister and the Adivasi community felt that maybe he will act in their interests. But the manner in which Adivasis are being oppressed and corporate interests are being upheld in Hasdeo, it has become clear that the tribal chief minister is [wearing] a mere mask, and what corporates will decide, only that will happen,” Alok Shukla, convenor of the Chhattisgarh Bachao Andolan, told The Wire.

On December 22, the felling of trees in the biodiversity rich forest started despite protests from locals and activists. Hasdeo Arand is one of the last unfragmented forest landscapes in central India. This area, spread across over 1,500 kilometres through central India, the area is home to India’s tribal communities, with an estimated five billion tonnes of coal buried under the dense forests. Mining has become a huge business in the area, leading to protests by the locals.

According to an investigation by Scroll.in in April last year, the Adani Group has been excavating coal from the PEKB mine since 2013 on behalf of Rajasthan’s state electricity generation company, Rajasthan Rajya Vidyut Utpadan Nigam Limited, to whom it was originally allocated.

Activists have alleged that those who were travelling to the area to protest against the felling of trees were detained by the police on the morning of December 22.

Activists, including Ramlal Kariam, Jayandan Porte, and Thakur Ram, were picked up from their homes and detained. Shukla himself was stopped by some persons who were not in police uniform, while on his way to Hasdeo on December 22 morning. They were taken to Bilaspur and released late at night said CBA.

“I had left from Raipur and was on my way to Hasdeo to meet other activists, and I was picked up on the way and taken to Bilaspur. Ajay T.G., who is a documentary filmmaker, was also with me. After Ajay contacted some lawyers around 4 pm in the evening, word of our detention got out,” he said.

However, the new Bharatiya Janata Party (BJP) government has denied that the police detained anyone, reported Press Trust of India.

On Wednesday, Sai, while speaking to reporters, blamed the previous Congress government.

“They should see that the permission for deforestation is from a time when it was their (Congress) government in power… Whatever has happened, even if it is deforestation, is happening with their permission,” he was quoted by the news agency as saying.

Earlier, after meeting with the protesters, Singh Deo told reporters that as a tribal himself, Sai was expected to protect their interests.

“The chief minister of Chhattisgarh himself comes from the tribal community of Surguja division – it is expected from him that he will listen to the protesters. At least protect the interests of the community from which he has come forward and got the opportunity to lead the state,” he said.

‘Congress and the BJP taking each other’s work forward’

Ironically –making a pertinent point on the issue on the eve of the upcoming Lok Sabha elections — activists also said that both the BJP and the Congress have deprived Adivasi’s of their rights and Sai’s elevation as the first tribal chief minister has been rendered symbolic by the deforestation drive in Hasdeo Arand.

Shukla said that the second phase of mining for PEKB affects the Ghatbarra village, which will be “displaced entirely”.

“Even today, the Ghatbarra gram sabha has not given its consent for mining in the area. [It is] right next to that Parsa coal block; [it] will affect three villages, which have been agitating [against mining] for five years.”

Shukla’s organisation has also previous studied the issue and said that, according to the Forest Rights Act of 2006, completion of the forest rights claims process and obtaining written consent from the concerned Gram Sabhas (village councils) are mandatory before granting forest clearance for any project. They have also alleged that fake consent was obtained from the gram sabhas in the Hasdeo Arand area.

Over two years ago, in October 2021, hundreds of villagers from the Hasdeo Arand area had walked 300 kms to Raipur to protest against mining in the area. They had met then chief minister Bhupesh Baghel and Governor Anasuya Uikey.

“On October 23, 2021, the governor wrote to the chief secretary to probe these fake consents, however, no enquiry has been done. So, in the last five years, nothing has been done to give justice to the Adivasis in the area,” said Shukla.

“On July 26, 2022, the Chhattisgarh assembly passed a unanimous resolution that mining activities will not be carried out in Hasdeo. But unfortunately, deforestation activities have now started,” he added.

Detailing the affidavit submitted by the Chhattisgarh government to the Supreme Court in July, Shukla also pointed out that the government had admitted that, aside from the PEKB project, there is no necessity to allocate or use any new mining reserve areas for mining in Hasdeo.

“Whether it is a resolution passed unanimously by both the Congress and the BJP in the assembly, or the Supreme Court affidavit, or overlooking the Gram Sabhas’ opposition, all efforts have become null and void in the face of corporate interests,” he said.

“In several villages that are not part of Hasdeo but are part of Raipur, Bilaspur, Kanker, Durg zilas, villagers are ready to take out protest marches apart from the organisations working to protect Hasdeo. These protests will likely intensify as the Congress and the BJP continue to shift the blame to each other,” he said.

At the January 3, press meet in Delhi, the focus was on mining activities in Hasdeo Aranya forest that have recently raised many concerns. Villagers allege that their consent was not obtained, and the deployment of police force to suppress protestors cannot be overlooked. In light of these issues, a press conference was organized at the Press Club of India on December 2nd by ‘Chhattisgarh Bachao Andolan’ (CBA), a joint forum comprising various people’s movements in Chhattisgarh.

The event focussed on the extensive tree felling in Hasdeo-Aranya forests, accompanied by substantial police protection, and the suppression of Adivasi protestors during December in the Sarguja district of Chhattisgarh. Additionally, a significant police presence has been reported in the Sijimali region of Odisha since December, allegedly with the intention of forcibly obtaining consent from villagers for Vedanta’s bauxite mining project. Mountains in Odisha’s Kalahandi and Rayagada districts have been allocated to various corporations, including Vedanta and Adani, for bauxite mining.

Umeshawar Singh Armo, also a well-known figure in the movement and a member of the Hasdeo Aranya Bachao Sangharsh Samiti, brought attention to the harsh treatment of Adivasis who are protesting against the Hasdeo forests takeover. In a concerning development, seven individuals actively involved in the movement now face charges in FIRs with the suspicion that these cases are fabricated.

Sudiep Shrivastava, an advocate from the Chhattisgarh High Court, discussed the targeted deforestation of the Hasdeo forests for the exclusive benefit of Adani. He stated that despite the declaration of Hasdeo forests as a no-go zone since 2014, this directive has been consistently violated.

Prafulla Samantara, senior Adivasi rights activist from Odisha and winner of the Goldman prize, highlighted the 2013 Supreme Court judgment on Adivasi consent for mining projects. He stressed the current violation of the Samata judgment and changes in laws favouring corporations. Samantara, also a renowned environmentalist – who had been abducted in August 2023 from Behrampur in Orissa while about to address a press conference on illegal bauxite mining in South Odisha– emphasized the ongoing fight for people’s rights against corporate interests, citing instances from Hasdeo to Odisha. He specifically mentioned recent protests in Sijimali, noting Gram Sabhas‘ manipulation for Vedanta’s bauxite mining, leading to charges under the Unlawful Activities (Prevention) Act (UAPA) against protestors.

Nandini Sundar, a Professor at the University of Delhi, stressed that the challenges faced by the Adivasi community in regions like Chhattisgarh and Odisha are not isolated concerns but fundamental issues tied to climate change, affecting everyone.

She outlined the various protests in Bastar, including the Silger movement that took place two and a half years ago. This movement has consistently raised its voice against the violations of PESA (Panchayats Extension to Scheduled Areas) and other constitutional guarantees for the Adivasi community. Sundar highlighted the escalating militarization in Bastar, emphasizing that it primarily serves to protect mining operations rather than ensuring the well-being of the Adivasi community.

Adivasi anger fuelled BJP’s victory

In the recently concluded November 2023 state elections, the BJP unseated the Congress government by winning 54 of the 90 assembly seats, while the Congress only managed to win only 35 seats. With approximately 30% of the population being tribals, the state witnessed the appointment of its first tribal chief minister, Sai.

The Congress, which won 25 of the 29 reserved seats for Scheduled Tribes (ST) in the 2018 assembly polls, secured only 11 this time. The BJP improved its tally from three in 2018 to 17 seats dominated by tribals this time.

The Wire  reports that veteran tribal leader and former Union minister Arvind Netam, who quit the ‘grand old party’, the Copngress to start his own political party, the Hamar Raj Party, said that the reason behind Congress’s loss in these elections was its neglect of the tribal community and dilution of the Panchayat Extension to Scheduled Areas (PESA) Act.

The PESA law, passed in 1996, seeks to provide a sense of autonomy to the local Adivasis by making the consent of the Gram Sabhas in Adivasi areas mandatory for projects in the region. When the Congress government notified and implemented the PESA rules in 2022 (almost 25 years after the law was passed), the “consent” of Gram Sabhas was changed to “consultation”.

Shukla said that along with the dilution of the PESA law, which angered Adivasi’s who had voted for the Congress “with a lot of hope” in 2018, it also failed to act decisively against Hindutva forces. Bastar’s Narayanpur emerged as the epicentre of the BJP’s claims of “forced conversions” by Christian missionaries in the tribal regions of the state.

A staggering  20 instances of anti-Christian violence were also reported from the Narayanpur district in December 2022 alone with even a church in Narayanpur being vandalised in January 2023. “In Narayanpur, the Congress was following soft Hindutva and did not act to protect those who had converted to Christianity. Riots were reported, apart from attacks on church, and not allowing burials of those who had converted to Christianity. While the Hindutva supporters in the region were to vote for the BJP anyway, the Adivasi Christians were also disappointed because no action was taken to protect them,” said Shukla.

According to Bastar-based lawyer and activist Bela Bhatia, in terms of policies, the BJP and the Congress haven’t acted differently for the tribal community.

“The Adivasi community expected an adequate shift when the Congress came to power. It is not that attacks on Christians were new, but they increased during the Congress years, and the government did not handle it boldly,” she said.

Related:

Chhattisgarh gov’t halts three Hasdeo Arand mining projects

Scrap mining projects in Hasdeo forests: Friends of Hasdeo Aranya

Operation Samadhan-Prahar & the Changing Nature of Indian State

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On December 14, during the ongoing winter parliamentary session, Ram Nath Thakur, leader of Janata Dal party in Rajya Sabha, raised several questions regarding the number of cases pending in the courts for more than 25 years and the reasons behind it. He also raised questions regarding the impact of this inordinate pending on the common man who is faced with financial hardships. These questions were presented to Arjun Ram Meghwal, who is currently serving as the Minister of Law and Justice.

Meghwal provided a comprehensive response addressing longstanding pending cases in lower courts. As on 6^th December 2023, there were 2,32,047 lakh cases pending for more than 25 years. The reasons for such delays are diverse, ranging from complexities in evidence and cooperation issues to insufficient infrastructure and procedural challenges. Factors like delayed assistance from agencies involved in criminal cases also contribute to prolonged proceedings.

In a bid to show the government in a responsive light, the minister’s response also said that while the government doesn’t have direct control over case disposal, several initiatives have been implemented to expedite justice delivery. These include the National Mission for Justice Delivery and Legal Reforms, schemes for judicial infrastructure development, and leveraging technology through the e-Courts Mission Mode Project. Efforts to increase judicial manpower, set up fast-track courts, amend laws, promote alternative dispute resolution methods, and facilitate legal advice through Tele-Law initiatives have been undertaken. The government did not study the impact on the common man and laid down the reasons by themselves without any proof as they come under the exclusive domain of the judiciary.

The key issue of quality of appointment of judges, especially on counts of independence and autonomy remains a blot, however.

On December 15, during the ongoing winter parliamentary session, several ministers including Rahul Kaswan (BJP), Guman Singh Damor (BJP), K. Jayakumar (Congress), Chandrani Murmu (Biju Janata Dal), Hanuman Beniwal (Rashtriya Loktantrik Party) and Abdul Khaleque (Congress) raised several questions regarding the disposal of the cases pending in courts. These questions were presented to Arjun Ram Meghwal.

As can be seen above, the number of pending cases as well as the cases disposed has increased from 2020 till December 2023. In 2020, 30.4% cases were disposed out of the pending ones, in 2021 we saw an increase in percentage equivalent to 36.3%, in 2022 we saw a sharp rise equal to 54.7% cases being disposed of out of the pending ones and in 2023, 63.8% cases has been disposed of thereby showing a positive increase throughout.

As can be seen from above, the highest number of pending and disposed of cases from 20-23 belonged to Allahabad Court. The lowest number of cases pending and disposed of from 2020-23 were in Sikkim High Court. The number of pending cases have risen from 7,73,408 in 2020 to 10,67,245 in 2023. There was a fall in the number of cases disposed of in 2022 to 2023 from 349919 to 251524.

We can understand that in 8 years from 2014 to 2022, there has been an 11.13% increase in the number of cases pending in the Supreme Court.

We notice from the table given above, that high courts including Andhra Pradesh, Calcutta, Jammu & Kashmir and Ladakh, Orissa and Tripura have reduced the number of pending cases from 2014 to 2022, in 8 years. It is shocking to see that Chhattisgarh, Himachal Pradesh, Madras and Rajasthan have witnessed more than 100% increase in the number of cases pending during the last 8 years.

We can now understand that there are 19,575 cases pending in the Supreme Court for a duration between 5 to 20 years. There are more than 1 crore cases, 1,01,20,268 cases pending in the High Courts for a duration between 5 to 20 years.

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The post 100% increase in number of cases pending in Chhattisgarh, Himachal Pradesh, Madras and Rajasthan courts: Parliament appeared first on SabrangIndia.

Detailing this further, the report states that

• 47(52%) winners won with 50% and above of the total votes polled in their
• 43(48%) winners won with less than 50% of the total votes polled in their
• 8(47%) out of 17 winners with declared criminal cases have won with a vote share of 50% and
• 39(54%) out of 72 crorepati winners have won with a vote share of 50% and

Further, the report finds that only 38 % of the total registered voters determined the winner. This implies that the winners represent on an average, 38% of the total electorate. In the Chhattisgarh State Assembly Elections, 2018 won by an average of 35% of the total registered votes. As crucially, while five assembly seat winners won with a victort of less than 1,000 votes, three have won with more than 30 % of margin of victory.

Reflecting on the voting turnout which was 76.3`% in 2023 as compared to 76.88 per cent in 2018, winners of the Chhattisgarh state assembly elections, 2023 won by an average of 50 % of total votes polled. In the 2018 elections, winners won by an average of 46% of total votes polled.

How many persons with criminal records won and what was their margin of victory?

• 13 out of 17 winners with declared criminal cases have won against a runner up with a clean background.
• Among these 13 winners, 5 winners have won with more than 10% margin of
• Among these, Gajendra Yadav (BJP) from Durg City constituency won with 78% margin of victory

Figure – Voter Turnout

Figure: Vote Share Percentage of Winners – Chhattisgarh: 2018 and 2023 

• 47(52%)winners won with 50% and above of the total votes polled in their constituency.
• 43(48%)winners won with less than 50% of the total votes polled in their constituency.

Figure: No. of Winners- Vote Share 

• 8(47%)out of 17 winners with declared criminal cases have won with a vote share of 50% and above.
• 39(54%)out of 72 crorepati winners have won with a vote share of 50% and above.

Representativeness of Winners

• All the winners of the Chhattisgarh State Assembly Elections, 2023 won with an average of 38% of the total registered voters. This implies that the winners represent on an average, 38% of the total electorate. In the Chhattisgarh State Assembly Elections, 2018 won by an average of 35%of the total registered votes.

Figure – Comparative Analysis- Representativeness of Winners add table

Margin of Victory

• 5 winners have won with a margin of victory of less than1000
• 3winners have won with more than 30% margin of victory.

Winners with Declared Criminal Cases and their Margin of Victory:

• 13 out of 17winners with declared criminal cases have won against a runner up with a clean background.
• Among these 13winners, 5 winners have won with more than 10% margin of victory.
• Among these, Gajendra Yadav(BJP) from Durg City constituency won with 78% margin of victory.

Crorepati Winners and their Margin of Victory:

• 13out of 72 crorepati winners have won against a non-crorepati runners up.
• Among these 13winners, 3 winners have won with more than 15% margin of victory
• Among these, Brijmohan Agrawal (BJP) from Raipur City South constituency won with 06%margin of victory.

Performance of Women Winners:

• Among the 90winners, 19 are women.
• All of them won with 35% and aboveof vote share in their constituencies.
• Among the women winners, Chaturi Nand (INC) from Saraipali Constituency has won with the highest vote share, i.e. 57%in her constituency and 24.83% margin of victory.

Performance of Re-elected Winners:

• Out of total 24re-elected winners, one has won with less than 40% of vote share in their respective constituencies. 11(46%) have won with more than 50% of vote share.
• 15(62.5%)re-elected winners have won with less than 10% margin of victory whereas 1 has won with more than 40% margin of victory.

NOTA:

• The NOTA button instated by the ECI in 2013 gave the voters the option of rejecting all the candidates in their constituency. Out of 1,56,34,933 votes polled in Chhattisgarh Assembly, 2023, 1,97,678 (1.26%) were polled for NOTA.

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The post How Chhattisgarh voted, how the results shaped up: ADR appeared first on SabrangIndia.

Phulo Devi was elected as a member of the Rajya Sabha from Chhattisgarh as a member of the Indian Nation Congress in the year 2020. These questions were presented to Dr. Mansukh Mandaviya, currently serving as the minister of Health and Family Welfare and is a Rajya Sabha member from Gujarat.

Notably, infant mortality is the death of an infant before their first birthday, i.e. the infant mortality rate is the number of infant deaths for every 1,000 live births. As per the data provided, India stands at an infant mortality rate for SC community of 40.7. The highest infant mortality rate amongst the SC is in that state of Uttar Pradesh, presenting at a rate of 57.8. The data further shows the lowest infant mortality rate amongst the SC community to be in in Jammu and Kashmir with a rate of 13.8.

It is crucial to note that the data provided by the union is incomplete as information regarding 9 states, namely Arunachal Pradesh, Goa, Kerala, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura, was either is not available or had been taken in the form of an unweighted mean. Hence, the data provided in the response by the government could not be deemed to be accurate as the infant mortality rate for 9 out of 30 states is not accurate.

In regards to the infant mortality rate for STs, India’s rate is 41.6. The state of Chhattisgarh has a rate of infant mortality rate of 58, the highest amongst the ST community. On the other hand, the lowest infant mortality rate amongst the ST community was reported from the north-east state of Manipur, with a rate of 23.2. Similar as before, the said data on infant mortality rate for STs did not provide accurate information for a total of 14 states/Union Territories.

Data had also been provided on child mortality rate prevailing in both the SC and ST community. It is to be noted that child mortality is the death of a child before reaching the age of 5 years, i.e., the child mortality rate is the number of child deaths for every 1,000 live births. The data table provides that the child mortality rate for SC and ST stands at 8.6 and 9.0 respectively.

For child mortality rate for the SC community, the highest was 13.8 in the state of Jharkhand, while the lowest was the rate of 1.5 in West Bengal. Here too, the information regarding nine states was missing. It is important to point out that these nine states are the same states for which there is no information or inaccurate information regarding the infant mortality rate amongst the Scheduled Castes.

Based on the data, the highest child mortality rate amongst the Scheduled Tribes was in Madhya Pradesh at 13.9. Meanwhile, the lowest child mortality rate was in West Bengal with 0 deaths. Here, information regarding 13 states was not found.

The data provided in the response by the union government was based on the state-wise figures of NFHS-5 (2019-21).

The table is as follows:

It can be deduced that while significant strides have been made through initiatives like the National Health Policy 2017 and the National Health Mission (NHM) to enhance accessibility, affordability, and quality healthcare for all, there remains considerable room for improvement for the SC and ST community. As highlighted above, gaps persist in achieving true universal health coverage and addressing the diverse needs of the population, particularly the marginalized and economically disadvantaged groups. Further concerted action and innovative strategies are essential to bridge these gaps and ensure that no individual faces financial hardship or exclusion from essential healthcare services. Continued commitment to the principles of equity, affordability, universality, and quality care, along with sustained collaborative efforts between the government, healthcare providers, and communities, will be pivotal in advancing towards comprehensive and inclusive healthcare for all.

The complete answer can be read here:

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The post Infant mortality rate: UP records highest rate for SC at 57.8, Chhattisgarh at 41.6 for ST appeared first on SabrangIndia.