Fact Finding Report | SabrangIndia News Related to Human Rights Thu, 23 Jan 2025 12:08:11 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Fact Finding Report | SabrangIndia 32 32 Parbhani police under scrutiny: Fact-finding report exposes allegations of brutality, illegality, and constitutional violations https://sabrangindia.in/parbhani-police-under-scrutiny-fact-finding-report-exposes-allegations-of-brutality-illegality-and-constitutional-violations/ Thu, 23 Jan 2025 12:02:52 +0000 https://sabrangindia.in/?p=39790 A comprehensive fact-finding report exposing police brutality, caste-based discrimination, and administrative failures in Parbhani, Maharashtra following the desecration of a Constitution replica, highlighting systemic injustices against Dalit communities and the urgent need for accountability, transparency, and reform

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A fact-finding report has been released, uncovering a series of human rights violations and police atrocities in Parbhani, Maharashtra following the desecration of a Constitution replica on December 10, 2024. The incidents, marked by custodial violence, caste-based discrimination, and administrative failures, have shaken the conscience of the nation. The report, compiled by a team of legal experts, activists, and journalists, paints a grim picture of systemic injustice against Dalit communities. The report is titled Unfettered Police Brutalities: PARBHANI –Fact-Finding Report on Allegations of Brute, Unlawful & Anti-Constitutional Conduct by Parbhani Police (December 10-15, 2024)

A protest was sparked by the desecration of a Constitution replica in front of Dr. B.R. Ambedkar’s statue. During a bandh called by the Dalit organisations to condemn the desecration incident, the perpetrator of which had been deemed as “lunatic” by the police before his arrest, certain outside elements came and indulged in violence. The police, which let the unruly crowd run amok for almost one hour, weaponised this incident to target Dalit colonies by conducting combing operations, using brute force and indulge in violence. While the police registered FIRs focusing on property damage caused during protests, following the desecration of the Constitution in front of DR BR Ambedkar’s statue, twelve detailed private complaints of police violence remain unacknowledged.

Key findings from the report

  1. Custodial death of Somnath Suryawanshi: Somnath, a 35-year-old law student and an LIC agent, was arrested on December 11 and subjected to severe custodial violence. He succumbed to injuries on December 15, with the post-mortem report citing “shock following multiple injuries.” Despite filing complaints, his family has seen no action against the police officers implicated. His mother, Vijayabai Suryawanshi, has rejected a government compensation offer of ₹10 lakh and has demanded life imprisonment for those responsible.
  2. Widespread police brutality: The report documents harrowing accounts of police combing operations in Dalit-majority areas like Bhim Nagar, Priyadarshini Nagar, and Sarang Nagar. Residents reported police breaking into homes, assaulting men and women, including minors and elderly individuals, and using caste-based slurs. Women recounted instances of extreme violence, including injuries on their private parts, and detainees were allegedly tortured in custody with blows to their feet and palms to conceal visible injuries. The brute violence and unchecked brutalities displayed by police during the beatings of women and the young in their homes during the combing operations and after that in custody have violated all laws and statutes including directions by the Supreme Court on police conduct towards those in custody. 
  3. Failure to address complaints: Victims and their families have filed twelve detailed complaints highlighting police atrocities and instances of police brutality, but none have been converted into FIRs. Instead, police FIRs focus on property damage caused during protests, ignoring complaints of custodial violence and abuse.
  4. Administrative lapses: The team found that prior to the desecration, a far-right Hindutva event had taken place near the area of incident. At the said extremist event, incendiary speeches had been made. The report finds that the administration allowed the Hindu Ekta Morcha, an event organised by an outfit with with a history of inviting speakers who make incendiary speeches that violate the law and breach social peace, , to proceed without adequate preventive measures. No steps, such as videography of speeches or imposition of Section 144 of the CrPC (163 pf the BNSS), were taken to avoid unrest. The police also failed to investigate the role of Datta Sopan Pawar, who desecrated the Constitution replica and was swiftly declared “mentally deranged” without a formal psychiatric assessment.
  5. Targeting of activists and Dalit leaders: Prominent Dalit activists and leaders were particularly targeted. Activist Vijay Wakode died of a heart attack shortly after attending deceased Somnath’s funeral, allegedly due to relentless police intimidation. Other victims include law student Dhammadip Mogale, who was assaulted and threatened into silence, and activist Vatsalabai Manvate, who faced brute violence during the combing operations.

Recommendations and demands

The fact-finding team has called for urgent and comprehensive action to address these violations:

  • Accountability for police atrocities: Immediate FIRs must be registered against officers involved in violence, including under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Suspensions and investigations of the erring officers should follow, under the supervision of the judiciary.
  • Transparency and public accountability: Publicly disclose police orders regarding the chain of command responsibility in police operation and deputation register to ascertain who was responsible for the combing operation that violated the law, the Indian Constitution and International Human Rights Law. Additionally, video recordings of the Hindu Ekta Morcha, and CCTV footage from police stations must be disclosed. Compliance with Supreme Court guidelines on CCTV installation in police stations should be ensured. 
  • Public Disclosure of Police Personnel present at the Police Station at Parbhani where gross human rights abuses have been alleged to have taken place, the Case Diaries of Instructions given by SPs and their superiors behind all these actions. 
  • Compensation and rehabilitation: All victims of police brutality should receive substantial reparation in the form of financial compensation and access to medical and psychological care. Somnath’s siblings should be given government jobs as part of rehabilitation efforts.
  • Independent investigation into the Constitution desecration: The role of Datta Sopan Pawar and the possible involvement of others must be thoroughly investigated, with findings made public.
  • Systemic reforms: The state must commit to ending caste-based discrimination within law enforcement, ensuring strict adherence to human rights laws and accountability for violations.

It was days after the tragic incidents in December 2024, Advocate. Abhay Taksal (CPI), Advocate Pawan Jondhale, Youth Ambedkarite Leader, Sudhir Salve, Comrade Vikas Gaikwad, Comrade Pritam Ghagave, and Ambedkarite leader, Rahul Pradhan spent hours in Parbhani interviewing victims, eye-witnesses and even interacting with the authorities. It is on this basis that the Fact-Finding Report has been prepared. Teesta Setalvad, secretary, Citizens for Justice and Peace and Raju Parulekar, poet, writer and political commentator guided the effort. 

The events in Parbhani represent a horrifying betrayal of constitutional values and the rule of law. The victims, primarily from marginalised Dalit communities, continue to await justice while the guilty remain shielded by systemic bias and administrative indifference. The fact-finding team emphasises the urgent need for accountability, transparency, and systemic reform to ensure such atrocities are never repeated. The nation must stand in solidarity with the victims and demand justice for Parbhani.

The Preliminary Fact-finding report may be read here:

 

Artwork by Sunil Abhiman Awchar

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State-sponsored mobocracy: Fact-finding report reveals anti-Muslim actions in Surat https://sabrangindia.in/state-sponsored-mobocracy-fact-finding-report-reveals-anti-muslim-actions-in-surat/ Fri, 20 Sep 2024 07:19:49 +0000 https://sabrangindia.in/?p=37951 The fact-finding report of MCC reveals that the mob in Surat forced the state administration to take anti-Muslim actions; BJP MLA delivered inflammatory speech, provoked a mob, vandalized and burned vehicles and carts, pelted stones over Muslim’s houses and mosques

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Background

The alleged incident occurred on September 8, 2024, near Variavi Bazar Police Station in Gujrat’s Surat district where it was reported that a group of 5-6 Muslim minor boys allegedly pelted stones at a Ganesh Chaturthi pandal near Variavi Bazar Police Station. The incident sparked a communal clash between two groups in the city. The incident resulted in property damage, injuries, and arrests. The Surat Police intervened, using tear gas and lathis to restore order having accused of biased and intentional lethal actions against the members of Muslim Community. After the incident, six juveniles were detained for stone-pelting, and around 28 others were arrested for rioting. The incident has sparked widespread condemnation and calls for peace and harmony.

Findings of report:

A fact-finding report conducted by Minority Coordination Committee, Gujrat over the Surat Stones Pelting incident, has raised serious questions over the handling of incident by district administration and police action in Sayyedpura area. The report highlights discrepancies in the official narrative about the incident, including why the children involved were taken to Sayyedpura Police Station instead of the nearby Variavi Bazar Police Station. Additionally, the driver of the auto-rickshaw, belongs to Hindu community transporting the children was not arrested, sparking concerns of selective targeting. The report also notes that the detained individuals were found at home, not at the scene of the alleged incident, and that the 500–700-meter distance between the incident location and their residences raises doubts about their involvement in stones pelting incident.

The report also highlights that the Ganesh Pandal where the stones were allegedly thrown is located on the main road with no construction nearby. This raises doubts about where the stones came from, suggesting the story may be fabricated.

Allegations on Surat Police’s selective arrest and biased action over the matter

On September 9, around 2 AM, the police entered the Muslim area of Sayyedpura. Policemen forcibly broke the main gate of Al Ilaf Apartment, entered the flats, abused the women and children, and detained the men. They then proceeded to Roshan Park. As report reveals.

Furthermore, the FIR was registered hours after the detentions, fuelling suspicions of fabrication. The report also criticizes the confiscation of CCTV footage by police without explanation. These findings have sparked concerns about communal bias and arbitrary action. A disturbing incident unfolded in Surat city. The children, who arrived in a Hindu-driven auto-rickshaw and accused of stones pelting were apprehended by the public and handed over to the police.

Instead of taking them to the nearby Variavi Bazar Police Station, the police took them to the Sayyedpura Police Station, about 250-300 meters away. In this incident, FIR No. 11210061240446, dated 9-9-24, has been registered. In this FIR, the children have been named as accused, and the case has been filed under sections 189(1), 189(2), 190, 298, and 299 of the IPC. The report found that no action has been taken against the police officers and staff who brutally beat the individuals who were detained.

Police stoles CCTV DVR, which recorded police’s illegal action

It has been alleged in the report that police also stole the CCTV DVR, which recorded their actions. The police reported the incident as occurring at 9:45 p.m. on September 8, 2024. All the detainees were arrested in the early hours of September 9, 2024, but the FIR was only registered at 6:30 a.m. on the same day i.e. September 9, whose number is FIR No. 11210061240447 in which it is written that a crowd of Muslims gathered and they carried out vandalism while we can clearly see in the video that the crowd of Hindu people is being instigated by the leaders, in the first FIR 27 Muslim people have been named and a crowd of 200-300 has been written and FIR no. 11210061240448 in which a crowd of 70 to 80 people has been accused of vandalizing vehicles, there is no named accused in this, in this FIR 3 Hindu people were arrested and granted bail.

The report points out that no action has been taken against the police officers who confiscated the CCTV DVRs from the apartments and roadside cameras.

Mob insisted authorities to demolish houses of Muslims

According to the report, a crowd of Hindu community gathered at Sayyedpura Police Station, mobilized by Hindu community leaders via phone. The mob repeatedly chanted demands such as handing over the children to the mob, demolishing the houses of Muslims, and other aggressive calls. Surat North MLA Kanti Balar, Mahila Morcha leader Sezal Ben, Corporator Rakesh Mali, Aarti Ben Patel, Mayor Dakshesh Bhai Mavani, and other leaders also arrived and gave provocative speeches through a microphone.

Surat Administration defying Supreme Court direction, carried out demolition

On September 9, in a shocking and retaliation move, the Surat Municipal Corporation (SMC) carried out a demolition drive in Sayyedpura area allegedly forced by Hindu community leaders and mob gathered near the police station, despite Supreme Court’s order (staying all the demolitions and bulldozer actions without due procedure) dated 02.09.2024. The move has been condemned as a form of punitive punishment, raising serious questions about the rule of law, due process and direction of the Hon’ble Supreme Court violated by the Surat Administration. The Supreme Court’s warnings have been blatantly ignored in this incident.

Full story may be read here

BJP MLA Kanti Balar delivered inflammatory speeches and provoked mob

A video also surfaced in social media that BJP MLA Kanti Balar while addressing the crowd in the presence of the police said that no Muslim will be spared and Bharatiya Janata Party is also with you. He said that “No Muslim will be spared, I am with you, those who have been caught will not be released, we will not engage in stone pelting, and we don’t want to do this either.” After this, a police officer whispered something to the MLA, who then said, “Repeated stone pelting at any place will not be tolerated; I am with you, and the Bharatiya Janata Party is with you.”

Following the provocative and inflammatory statements made by BJP MLA Kanti Balar and other leaders, the mob vandalized and burned vehicles and carts selling snacks. The mob repeatedly shout for the accused children to be handed over to them. Later, the mob also pelted stones at houses of Muslim community and mosques. When the mob was gathered there, the members of the Muslim community contacted police officers for protective measure but appropriate action was taken by the police. The police arrived but remained passive. It was alleged that no action has been taken against MLA Kanti Balar, who gave a provocative speech in front of the police.

A video surfacing on X, posted by Gujrat Police shows plainclothes officers smashing gates and locks allegedly to apprehend suspects. In the video, state Home Minister Harsh Sanghvi is also shown vowing to take strict action and arrest the people over stone pelting allegations before sunrise. The video shows those arrested could not walk properly suggesting that they were subjected to violence in the police custody.

September 9, 2024

However, Minority Coordination Committee’s fact-finding report highlighting State-sponsored mobocracy in Surat incident, demands that;

  1. An FIR should be registered against the police personnel who entered the houses without proper authority or an FIR at the time of detainment. The authority and order for such actions should be investigated.
  2. An FIR should be registered immediately against the policemen responsible for breaking the doors and windows of the houses.
  3. An FIR should be registered immediately against the policemen who entered the houses and abused the women and children present.
  4. An FIR should be registered against the policemen who stole the CCTV DVRs from the apartments and roadside locations.
  5. An FIR should be registered immediately against Surat North BJP MLA Kanti Balar for giving an inflammatory speech in front of the police, and he should be arrested.
  6. If the incident occurred near Variavi Bazar Police Station, the reason for transferring the children to Sayyedpura Police Station should be investigated to determine if it was intended to harass Muslims.
  7. The mobile phones of Hindu community leaders who mobilized the crowd at Sayyedpura Police Station should be examined. An FIR should be registered against them for inciting mob violence.
  8. Compensation should be provided to the owners of all damaged and burned vehicles, trucks, and property, including doors and windows of houses.
  9. The police officers and employees who brutally beat the detained individuals should be arrested, and an FIR should be registered against them.
  10. Given the suspicions surrounding the incident, a fair and impartial investigation should be conducted by a sitting judge of the High Court.

Notably, the police produced the accused in court on September 10, 2024 at 4 p.m. During this time, the police severely beat the accused, rendering them unable to walk properly, and did not permit them to meet their family members. As the report disclose.

The report can be read here:


Related:

“Bulldozer barbarism”: Demolition drive in Surat after stones thrown at Ganesh pandal

Supreme Court rebukes “Bulldozer Justice,” plans to issue nationwide guidelines to prevent arbitrary demolitions

“Bulldozer Injustice”: Authorities demolished huts and makeshifts in Kutch’s Kandla port area

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Muslims, victims of targeted violence in Pusesavali, Satara: Fact-finding report https://sabrangindia.in/muslims-victims-of-targeted-violence-in-pusesavali-satara-fact-finding-report/ Fri, 27 Oct 2023 05:03:26 +0000 https://sabrangindia.in/?p=30675 Demanding an impartial probe into the September 10 incidents in western Maharashtra, this detailed report by the Centre for the Study of Society and Secularism (CSSS), also investigates how a derogatory social media post on Allah was created and used in ‘tit for tat’ tactics to further communal polarisation; on September 15, citizens of Mumbai and Maharashtra had demanded compensation for Nurul Hassan Shikalgar and a judicial probe; Satara police had found that the August 2023 social media post attributed to a young Muslim was posted by another

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Landyana marayche ahe” (Kill the ‘landyas’- a derogatory word used for Muslims) was one of the slogans that rented the air as the mob attacked Muslims and properties owned by Muslims in the sleepy Pusesavali village of Satara district in Maharashtra on September 10, 2023. The mob raised other slogans – “Jai Shri Ram” as it attacked several shops owned by Muslims, vandalized two mosques and torched vehicles outside the Jama Masjid. Nurul Hassan Shikalgar (32) was hit on his head and died on the spot when the miscreants attacked the Jama Masjid in Pusesavali.

The targeted attack was attributed to an alleged post uploaded on a social media platform by a Muslim youth which makes derogatory comments about Hindu mythical figure, Sita which allegedly hurt religious sentiments and a second post containing derogatory reference to Shivaji Maharaj.

In order to understand this violence, a fact-finding team led by Centre for Study of Society and Secularism (CSSS) visited Satara and Pusesavali on October 9, 2023, about a month later. The fact-finding team consisting of Adv. Irfan Engineer, director of CSSS, Neha Dabhade, executive director of CSSS, Aslam Tadsarkar, social activist and Vijay Nikam, social activist, met survivors of the violence as well as the police authorities.

Background of Satara and the incident:

Satara is a district situated in the western Maharashtra. Western Maharashtra is considered as a developed region owing to the large-scale sugarcane cultivation and cooperative sugar factories. The region historically boasts of the legacy of Shivaji Maharaj which also is marked by his inclusive approach towards Muslims. There is a strong syncretic culture which influences the social fabric of the region, its customs and norms.

For instance, the Muslims who form the part of the ‘bara balutedar’ community in the region enjoy a place of honour and are given coconut and a cap (naral ani topi– customary way of felicitation) in the marriage ceremonies of the Hindus.

Another example of syncretic traditions in the region is that the animal sacrifice which is offered to the Hindu Goddess is slaughtered only by the Muslims. The Muslims and Hindus together contribute to have the Parayan lunch which is hosted for reading the Dnyaneshwari. Ironically, this lunch was organized by the Muslims of Pusesavali only about a month prior to the attack on them on September 10, 2023.

The Muslims in Satara and Pusesavali are mostly self-employed and belong to the OBC castes – Qasai (butchers), Shikalgars (who used to sharpen weapons earlier for the armies and now for agriculture & are listed in the Nomadic Tribes category), Bagwans (Mali), Shaikhs, Pathans, Khans and Mujawars (caretakers of Dargahs). The Bagwans form the majority of the Muslims in Pusesavali. The Muslims constitute for a small minority in Pusesavali village (around 100 families) which has a total population of about 10,000.

The relationship between the Muslims and Hindus in Satara and Pusesavali has been characterised by peace and harmony as elaborated above. However, Maharashtra and the Satara region have been simmering with communal incidents in the past few months.

It has been well documented –by Citizens for Justice and Peace especially –that there have been a slew of hate speeches targeting the Muslim community delivered in many processions organised by the Hindu right-wing organizations including “Hindu Sakal Samaj” throughout Maharashtra. The hate speeches delivered in the processions which started in November last year in 2022 have led to communal violence in some places including Aurangabad where public property was vandalized. CJP had submitted a memorandum to the Director of General of Police (DGP), Maharashtra and has been monitoring this ever since.

Hate speeches delivered in these processions by the Hindu nationalist political leaders call for genocide against Muslims and their economic boycott. In Pusesavali and adjoining regions, tensions prevailed in the last couple of months owing to alleged objectionable posts on social media platforms to which some individuals decided to take offence.

Right wing organizations, particularly the Shree Shiv Prathisthan Hindustan (SSPH), led by Manohar Bhide (who’s self-styled name is Shambhaji Bhide now) is active in mobilising the Hindu communities in the region. In the past, the organisation has organised rallies and protest marches all over Maharashtra, including in Satara district.

Hate speeches targeting the Muslim community and inflammatory speeches were delivered by its functionaries. Sambhaji Bhide has been booked for hate speeches under IPC sections 153A for making derogatory comments against Mahatma Gandhi, Jyotiba Phule and Gautam Buddha. He was also one of the accused by the Dalit organizations to have instigated attack on Dalits in the Vadhu Budruk, a village near Bhima Koregaon on January 1, 2018 where they had gathered, like every year, to pay their respects to Govind Mahar who performed last rites of the mutilated body of Chhatrapati Sambhaji Maharaj who was killed by Aurangzeb’s forces in 1689.

Ironically, born as Manohar Bhide in a Brahmin family, Bhide adopted ‘Shambhaji’ as his first name to reach out to the Maratha and OBC youth in Maharashtra. Once a RSS activist, Bhide has been mobilising youth by writing personal postcards to them. In 2008, Bhide was in national spotlight when his followers ransacked theatres protesting against the release of the movie “Jodha-Akbar”. In 2009, he brought his hometown Sangli to a standstill when a Ganesh pandal was denied permission to put up an artiste’s impression of the assassination of Adil Shah’s army commander Afzal Khan by Shivaji Maharaj (Gadgil & Dhupkar, 2018). In Pusesavali and Satara, Shree Shiv Prathisthan Hindustan has been stirring the communal pot through their activists’ aggressive mobilization of Hindu youth and targeting Muslims especially calling for an economic boycott against the Muslims.

The Build-up to September 10:

In June, an Instagram post praising the 18th century ruler of Mysore, Tipu Sultan, allegedly put up by a teenage Muslim boys angered Hindu outfits in Kolhapur, 100 km from Satara. They went on a rampage, targeting Muslim homes and shops and physically attacking Muslims. On August 15, a 14-year-old Muslim youth, Shaikh in Satara was arrested for allegedly uploading an objectionable post about Shivaji Maharaj from his social media. His family protested that the post was not uploaded by him and that his social media account was hacked. They alleged that even after he deleted the post, it was again uploaded on the same account, making their suspicion stronger. Yet the youth was sent to a remand home.

Shortly after this post, in August 18, 2023, a derogatory post was allegedly uploaded by a youth from the Muslim community, and a complaint was lodged. He was arrested on August 18, itself. A protest rally was organised by right-wing Hindus on August 19, 2023 in response to the post although the accused was already arrested by the police.

Derogatory slogans were given in the protest rally, and the mob threatened the Muslim community holding the entire community responsible for the alleged derogatory post. A complaint against Ashfaque Altaf Hussein Bagwan of Pusesavali, block Khatav, dist. Satara dated Sept 08 2023 was registered at the Aundh police station.  Subsequently, Aadil was arrested for the same and was handed over to the police by the members of the Muslim community. He spent 13 days in prison before getting bail.

In the meanwhile, a procession was organized on August 19, by Nitin Veer from SSPH to call for boycott against Muslims and demanded strict punishment against Aadil. The call for boycott was followed leading to drastic fall in small businesses of Muslim vendors and shopkeepers in Pusesavali since the Hindu community actually started buying goods from Hindu vendors and shopkeepers. The boycott has reduced the income of Muslim shopkeepers considerably.

Violence on September 10, 2023

On September 10, there were two posts / comments allegedly from the social media accounts of Altamash and Muzzamil Bagwan. While Muzzamil’s alleged post contained derogatory references to Shivaji, Altamash’s alleged comments contained derogatory comments about Sita. While both were taken by the police for investigation, a mob of approximately 200 to 250 people, some from neighbouring villages like Wadgaon gathered in Datta chowk at around 9.30pm. The mob was allegedly “enraged” by the alleged posts of Altamash and Muzammil.

The mob attacked shops owned by Muslims on their way from Datta chowk to the Jama Mosque. A small mosque which falls on its way was attacked and the Quran in it was burnt. When the mob reached the Jama Mosque around 9.45 pm, the mob torched seven to eight vehicles parked outside the Mosque as well as pelted stones on the shops near it owned by the Muslims. There were around 14 devotees in the Jama Mosque. All of them were beaten up and they sustained serious injuries (details given below). Nurul Hasan Shikalgar who was an engineer and owned earth moving machinery (JCB), was present in the mosque and was attacked on his head fatally leading to his death on the spot. According to eye witnesses, there were not more than 5 to 6 police personnel present at the sites of violence and didn’t help in protecting the property or lives of the Muslims.  From 9.30pm to 11pm, the Muslim residents were attacked brazenly. The mob was equipped with sticks, iron rods, petrol, bricks and stones.

The police –albeit after the violence— have arrested over 38 persons. Three FIRS are filed related to the violence, one is related to the alleged derogatory post, and the complainant therein is a policeman. The other FIR is related to the murder of Shikalgar u/s 302 of the IPC, and the third FIR is related to attack on police personnel u/s 353 of the IPC. The police have arrested Rahul Kadam from SSPH.

About the alleged Post:

The fact-finding team saw the alleged posts/ comments which triggered the communal riots in Pusesavali. The Hindu right-wing organisations created posters which include screenshots of the alleged comments along with the pictures of the youth who have uploaded the comments. The picture of the youth has been crossed out with “Jahir Nished” (public condemnation) written in bold on the poster. A red coloured cross mark on the comment of Muzammil in the poster berates the Muslim youth for allegedly uploading objectionable comments against the 17th century Maratha ruler Chhatrapati Shivaji Maharaj. Interestingly, in the same poster there was a derogatory comment on Allah in reply to the comment by Muzzamil. This objectionable comment on Allah by “Man_jatt” reproduced via screenshot on the poster circulated by the Hindu right-wing leaves little doubts that these comments were indeed made. This poster was used to mobilize Hindus for the protest march which indulged in rioting as well. The poster that contained the comment by Altamash had derogatory references to Sita and Altamash’s picture crossed out.

Also noteworthy is the fact that these comments were made viral by the Hindu right-wing which reproduced these comments in their posters. While it was widely reported in the media about the derogatory posts on Sita and Shivaji, there were no reports that –as part of the tit for tat ongoing communal conflict– there was a grossly blasphemous and offensive reference to “Allah” in one Man_jatt’s reply to the same comment.

Interestingly the friends and family of Muzzamil claim that he didn’t use a phone for the last seven months prior to this incident, raising questions on whose account were these comments made from. Also, there was no notification about the comment on the alleged Instagram post, which is normally the case.

The Muslim respondents we talked to said that Muzzamil’s phone was hacked by someone, who also deliberately posted the alleged comments/posts without Muzammil’s knowledge. Muzzamil and Altamash’s mobile are in the possession of the police for forensic examination and they have not yet been arrested- in all probability indicating towards lack of evidence against them.

Losses

It should be stated unambiguously that the fact finding found out that the Muslims whose life and property was attacked had no connection with the alleged derogatory posts or comments to the knowledge rioting mob. The victims that were attacked in the Jama Masjid or whose properties were vandalized in Pusesavali were not even alleged by the mob to have any connection or responsibility for the posts or comments. The mob it seems vented out their angst against the entire community and used the posts as a pretext to inflict collective punishment. They were targeting every Muslim they could lay their hands on, for what they were – Muslim.

Mubeen Bagwan has a mobile shop near Datta chowk in Pusesavali. He saw that a mob was marching towards this shop and house around 9.30pm on 10th September, 2023. He said there were approximately 250- 300 people in the mob. The mob raised derogatory slogans against the Muslims- “Landyana Maraycha”. The mob torched vehicles belonging to Mubeen’s family and also vandalized his mobile shop. The total damages he suffered are to the tune of ten lakhs. Though FIR was filed and panchanama is done, the family doesn’t know if they will receive any compensation.

Mubeen Bagwan informed the team though the team couldn’t verify it themselves, that others whose properties were damaged apart from Altamash Bagwan and Muzzamil Bagwan included

  1. Ashfaque Bagwan
  2. Ridz Maner
  3. Azad Momin
  4. Tajuddin Bagwan
  5. Irshad Bagwan
  6. Rafique Attar
  7. Rafique Pathan
  8. Atik Bagwan
  9. Yusuf Bagwan

Ismail Bagwan:

Ismail Bagwan (33) owns a chicken shop in Pusesavali. On 10th September, 2023, he was in the Jama Mosque when the mob attacked the Mosque around 9.45pm. Bagwan narrated that some of the attackers in the mob were shouting that “Vikram Pawaskar ne bola hai ki ek bhi landya ko zinda nahi rakhna” (Vikram Pawaskar has instructed us not to spare a single Muslim) while attacking around 14 Muslim devotees who were present in the Mosque. Bagwan narrated that the viciousness of the attack indicated that the attack was pre-planned. The perpetrators were armed with petrol, rods, sticks, stones and bricks. Ismail was hit with an iron rod on his hands when he was trying to protect his head from the blows of the rod. He sustained a fracture on his left-hand index finger and his right arm now has an iron rod. His legs are also injured from stones. He said Rahul Kadam, Nitin Veer, Pankaj Watankar were part of the mob. He told the team that others including Adbul Kadir and Jainuddin Mulla who were present at the Mosque were injured and taken to the Krishna Hospital owned by Atul Bhonsale who is associated with the BJP. The hospital didn’t give adequate treatment and also didn’t allow the relatives of Ismail and others to meet the injured. The cost of his treatment was INR 13,000. After coming home from the hospital, Ismail felt pain in his arms and went to another hospital where he was given the right treatment. He paid INR 40,000 in Takle hospital. He is the sole breadwinner in the family. His chicken shop is shut while he is injured since nobody else can run the shop. He rued, “after the announcement of boycott against Muslims, my clients have moved to Kamble who also is a chicken vendor. Earlier I used to do business up to INR 8000 in a day. Now it is down to INR 1000 after the boycott. I can’t even afford to hire anyone to help me since I am not sure I will do enough business”.

The team also visited the house of Nurul Hasan Shikalgar who was murdered in the Jama Mosque. He was hit on his head by the perpetrators from the mob. His wife who is pregnant, and his father haven’t received any compensation. Nurul was the only breadwinner in the family which got its income from operations of the JCB which they owned and dairy farming. His parents are retired. Ayesha, his wife informed the team that the post mortem of Nurul was carried out without their consent at Satara Civil hospital. The police had Nurul’s phone and they deleted all the videos taken by him of the attack, alleged Ayesha.

Interestingly, the vehicles that were burnt right outside of the Jama Mosque by the mob were cleared up by the police even before the panchnama was made. The same was done by the police in the make shift smaller mosque where the mob burnt the Quran. Stones were pelted on ‘Mama’s Collection’ – a cloth Store near the Jama Mosque. Around 9.30pm stones were pelted on the shop which suffered damage of INR 2.5 lakhs. The incident has resulted into depression for the family members of the owners shop. Rafique Pathan, the owner of the store said, “we regularly contribute ‘vargini’ for Hindu festivals and also enthusiastically hosted the Parayan lunch”.

Findings:

The attack was pre-planned:

The attack on September 10, didn’t appear as spontaneous. There are indications that the attack was pre-planned. The mob which consisted of youth from the neighbouring villages as was told to the fact-finding team couldn’t have gathered spontaneously. They were mobilised for the violence. The mob was armed with weapons including petrol and iron rods, acquiring which also requires time and planning. The narratives of the victims like Ismail Bagwan indicates that the intent of the perpetrators was to target the Muslims ruthlessly and not sparing their lives. The survivors of the attack also went on to name Vikram Pawaskar as someone who had instructed them to not leave any Muslim alive and local Nitin Kulkarni, Ratnaparkhi as one of the main accused with others as mentioned in the FIR.

The social media posts merely a pretext to target the Muslim community:

The Hindu right-wing in the region of Satara and its adjacent areas has exhibited a notable proclivity for propagating divisive sentiments, thereby engendering an atmosphere fraught with communal discord. Over the past couple of months, these communal tensions have markedly escalated, precipitated by three distinct incidents involving objectionable content disseminated through social media channels. These incidents have, in turn, engendered political mobilization within the ranks of the right-wing, with the (SSPH) being particularly active.

Significantly, there exist substantial uncertainties pertaining to the authenticity and origins of the objectionable social media posts, not only within the general populace but also within the purview of the law enforcement agencies. It appears that the Hindu right-wing has exploited the recent social media posts as a pretext for targeting the Muslim community. There are allegations that they even generate such posts as their objective is to target Muslims. Notably, the resultant mob violence did not discriminate between individuals directly associated with the objectionable content and those who were not. The intent, it appears, was to inflict ‘collective punishment’ upon the entire community. This indiscriminate targeting extended to figures such as Nurul Hasan Shikalgar, as well as other devotees in the Jama Masjid, who were not linked to the aforementioned posts. Furthermore, those whose properties were targeted similarly had no connections direct or indirect with the posts in question. There were not even allegations against them.

Attempt at polarising by constant churning of hatred:

The occurrence of communal violence in this incident appears to be part of a larger pattern. It is not coincidental that this incident follows a series of hate processions, calls for the social and economic boycott of Muslims, and derogatory posts, allegedly made by Muslim youth, which are exploited to mobilize Hindu youth by right-wing Hindu groups. This pattern suggests a systematic effort to spread hatred and polarization.

Right-wing Hindu groups, in particular, have been actively promoting hatred through processions and statements by their leaders. This continuous dissemination of hate has contributed to the development of an ecosystem of animosity and division within the society.

Leaders like Vikram Pawaskar from Pusesavali have been identified by the mob as the driving force behind the violence. It is important to recognize that the incident in Pusesavali should not be viewed in isolation; it is connected to a broader agenda of right-wing Hindu groups aimed at polarizing society. This agenda often involves portraying Muslims as those who hate the Hindu religious symbols, further fuelling tension and “othering” of this community. They right-wing Hindus strive to represent Muslims as “jihadis” – violent and intolerant of any religion other than Islam. The attempts to polarize have been intensified for electoral outcomes in the impending elections by the politicians belonging to the ruling regime as their only hope to campaign for votes as protectors of the Hindu interests and save them from intolerant Muslims.

Failure of intelligence by police and lapses

The police’s failure to anticipate and prevent the impending violence in Pusesawali is a matter of concern. Despite simmering tensions and a series of hate speeches delivered by leaders of the Shree Shiv Pratisthan Hindustan, a Hindu nationalist organization, and the BJP, which should have alerted the police to the potential for violence. Their response was inadequate. And the charge was taken by the newly posted API on the night of September 10, at around 10 pm as informed by the API himself to the fact-finding team. Shockingly, there were reportedly fewer than six police personnel present during the outbreak of violence, according to the Assistant Police Inspector (API) himself.

Moreover, Altamash and Muzammil, were detained for questioning but not arrested. It is particularly ironic that Muzammil hadn’t used a phone for the past seven months prior to the alleged derogatory post/comment.

The fact that API Mr. Walvekar assumed his duty only at 10 pm on September 10th, the very day of the incident, under the jurisdiction of the Aundh police station, adds to the perception of a delayed response. The police appeared unprepared while the mob was freely targeting innocent people for about one and half hours. Police reinforcement arrived by 10.45 pm and by 11.00 pm the crowd melted into the dark without any arrests being made on the spot.

Additionally, the hasty clean-up of the mosques after the attack, even before the panchanama could be completed, raises doubts about the police’s investigation. It suggests the possibility of an attempt to remove evidence that could be used against the perpetrators. The community and concerned individuals should seek transparency and accountability in the police’s handling of this situation, as it is essential to ensure justice, and in order to prevent future incidents, and maintain trust in law enforcement agencies.

Derogatory comments about Allah too

The poster used by the right-wing to mobilize the Hindus against the alleged derogatory post and comment allegedly by Muzzamil Bagwan also contains derogatory and blasphemous reference to ‘Allah’ by way of comment by Man_jatt. While the media and the administration only highlighted the alleged posts, which refers to Sita and Shivaji in objectionable terms, there is complete silence on the comment which maliciously insults Allah so as to outrage the religious feeling of the Muslim community. Why no action is being taken against the author of this post/comment which also hurts the religious sentiments of a group of residents? The police are rightly looking into alleged objectionable posts that are derogatory towards Sita and Shivaji, the same treatment should be given to the post which is derogatory towards Allah. There should be no discrimination.

Impending elections

The communal violence in Pusesavali can be attributed to the impending legislative assembly elections in Maharashtra as well as at union level. Geographically, Pusesavali is the last village of Satara district on road to Sangli district. Any polarising action in Pusesavali would influence opinions in both the districts. The incumbent MLA from the North Karad Assembly constituency is from the Nationalist Congress Party (Sharad Pawar). The ruling BJP presumably stands to gain from the resulting polarization caused by the riot and overall hatred spread against Muslims. A section of Hindus in the village did practice the economic boycott against the Muslims to a large extent on the call given by right wing. The mob consisting of youth from the neighbouring villages shows the depth of political mobilization of the Hindu right wing in the region. The relationship between Hindus and Muslims that were once marked with warmth and fraternity is now sour and some amount of communal divide has crept in. There has been little dialogue between the two communities after the violence.

Recommendations:

  1. Impartial probe into the communal violence

A lapse in the intelligence-gathering capabilities of the local police became evident, as they failed to anticipate the imminent outbreak of violence in spite of the social media being extensively deployed for mobilization by the right-wing Hindu groups. Consequently, their investigative efforts have not instilled confidence among the survivors of the communal violence in Pusesavali. Although several arrests have been made, there persists a pervasive belief among the local residents that the principal instigators of this premeditated violence have not yet apprehended. It is imperative to conduct an unbiased inquiry into the orchestration of this planned violence, with the primary objective being the identification and arrest of the individuals responsible for inciting this violence and mobilizing the mob.

Simultaneously, it is commendable that the authorities are rigorously scrutinizing the derogatory posts concerning Sita and Shivaji Maharaj. Equally, the post involving derogatory content related to Allah warrants cognizance as well. This investigative process should be marked by impartiality and free from any influence or favoritism based on religious affiliations. The impartiality of the probe is of utmost importance to ensure that justice is served without any prejudice related to religion. Ensuring an impartial investigation is of paramount significance to guarantee that justice is dispensed without any prejudice rooted in religious considerations.

  1. Adequate and fair compensation to the victims of the violence

The Muslim community has endured significant property damage, with some members suffering severe injuries, and a tragic loss of life, exemplified by the murder of Shikalgar. In light of these distressing circumstances, it is imperative that appropriate compensation is provided to the affected individuals and families, commensurate with the compensation awarded to Hindu victims in other regions affected by similar communal riot. This underscores the urgent requirement for a standardized policy on compensation in instances of communal riots, ensuring equitable treatment and redress for all affected parties, regardless of their religious affiliations. Such a uniform compensation policy can contribute to fostering a sense of fairness and justice within the community and promote social cohesion during times of communal tensions. Also, the gross neglect and acting upon only after the tragic events by the law enforcement agency is a matter of serious concern for which no excuse be entertained and erring officers should be brought to book.

 

Related:

CJP complaint to DGP, Maharashtra and NCM against Misleading and Islamophobic speech by Kalicharan

Concerned citizens demand Eknath Shinde urgently act against hate speech

 

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Idrees Pasha Lynching in Sathanuru, Karnataka: Lapses in prevention of crime, nabbing accused, weak investigation https://sabrangindia.in/idrees-pasha-lynching-sathanuru-karnataka-lapses-prevention-crime-nabbing-accused-weak/ Fri, 26 May 2023 05:25:26 +0000 https://sabrangindia.com/?p=26381 The brutal killing on the night of March 31 was preceded by inept prevention by local police, subsequent to the killing attackers were not apprehended even though police personnel witnessed assault and saw accused including Puneeth Kerejhalli using social media to broadcast the crimes; overall investigations faulty and weak, says the Fact Finding Report into the Murder of Idrees Pasha in Sathanuru, Ramnagar, Karnataka. The family was not even provided a copy of the post mortem report

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Lapses in on the spot prevention of the hate crime, that resulted in brute murder, including failure to record eye witness evidence and poor investigation in all has dogged Karnataka police investigation into the Idrees Pasha lynching-murder that took place late on March 31-April 1. A fact finding report has now detailed the specific lapses after field visits and detailed interviews with eye witnesses, victims and survivors. The abject failure of the local police including its refusal to handover the post mortem report to the family of the deceased.

An independent impartial investigation, Rs 10 lakh in compensation to the deceased’s family, providing family with the post mortem report and strict action against errant and complicit police officers has been recommended in the report.

Idrees Pasha, 38, was found dead on a roadside in Sathanur village of Ramanagara district, about 150km from Bangalore.  The police said a group of five vigilantes had allegedly stopped Pasha’s truck full of cattle in Sathanur and brutally assaulted its three occupants. Syed Zaheer, one of Pasha’s two companions who survived the reported attack, told the media that the vigilantes refused to let the truck go even after Pasha told them he had papers to prove he had, legitimately, bought the animals at a cattle market. He also said the assailants asked the trio to “go to Pakistan”. The shocking discovery of Pasha’s body led to local people blocking the road and demanding immediate arrests.

The lead-up to the recently held Karnataka state assembly elections has been spotted with hate crimes, where attacks on religious minorities, especially Muslims and even Dalits and Christians have taken place. On the night of March 31, reports had stated how just before 12:00 pm midnight, a vehicle driven by one Zaheer Pasha who was accompanied by Irfan and Mr.

Idrees Pasha and carrying 16 animals, was stopped by five persons including Mr. Puneeth Kerehalli near the Santhemala Circle in Sathanuru village, extortion bids were made and then one of the three Idrees Pasha was brutally killed. The Karnataka High Court has granted conditional bail to cow vigilante murder accused Puneeth Kerehalli and four others who were arrested in connection with the murder of a Muslim man on April 18. They had been refused bail by the trial court after the public outcry that led to their arrest on April 5 on charges of murder of a Muslim man on suspicion of cow theft, in Karnataka’s Ramanagara district.

Kerehalli and other accused were initially booked on charges of murder, assault, criminal intimidation, wrongful restraint and intentional insult to provoke breach of peace. All accused are known to be associated with Rashtra Rakshana Pade, founded by Kerehalli.

The fact-finding team comprised of advocate Sivamanithan, Siddharth K J, Dr. Sylvia Karpagam, Khasim Shoaib Qureshi and members of All India Jamaithul Quresh (Karnataka). The report, Fact Finding Report into the Murder of Idrees Pasha in Sathanuru, Ramnagar, Karnataka was released on May 25.

Witness Accounts

According to oral statements made by witnesses to the fact-finding team, Puneeth, Kerehalli and his associates were armed with sticks and cricket wickets. The attackers were parked there in anticipation of vehicles carrying animals and this is not the first time they have indulged in these activities. This location is not more than 600 meters from Sathanuru Police Station. We were informed by the Superintendent of Police (Ramanagara) that on that night there were only 3police personnel on duty. A patrol vehicle which had gone on rounds earlier had not spotted the vehicle of Puneeth Kerehalli.

After stopping the vehicle, Mr. Puneeth Kerehalli alleged that the vehicle was transporting stolen animals. But when the driver denied this stating that they had receipts issued by the RMC Yard from where they had bought the animals, Puneeth Kerehalli asked them to call the owner of the cattle and send Rs 2 lakhs. Mr. Idrees Pasha refused to comply with such demands and asked the driver,  Zaheer Pasha to drive ahead. The vehicle took a right turn towards the road passing through the Police Station.

What emerges from above statements and facts is that a group of anti-social elements have brazenly taken law in their hands, for the alleged purpose of extorting money and targeted attacks on Muslim community. They physically assaulted three citizens at a very close distance from the police station without any fear of the police. But the police instead of immediately apprehending the attackers, has allowed them to go in search of the other victims. Even when one of the police personnel at the Police station had seen the assault himself, the attackers were not apprehended even as they filmed themselves outside the police station. Based on the statements collected by the Fact-finding team, we would like to bring the following observations to your notice:-

The fact that anti-social elements felt emboldened enough to stop vehicles and extort money at such close distance from police station and the fact that the police didn’t prioritize the safety and security of the victims’ points towards the impunity enjoyed by them. If the police had immediately apprehended all the attackers and had urgently searched for the victims, it is possible that the life of Mr. Idrees Pasha could have been saved. The fact that Puneeth Kerehalli and his group has been involved in several cases of violence before this incident shows that ineffectiveness of the police in deterring such repeat offenders.

Despite the allegations of attempt to extort money by the accused, the third FIR (CR 0054/2023) doesn’t invoke relevant provisions of Indian Penal Code.

We were informed that the police personnel had taken signatures of the surviving victims on plain white sheets.

The team was also informed that the surviving victims, who are also eye- witnesses to the attacks, have not be involved in the spot inspection at the site of the crime nor the police made any efforts to take the eye witnesses to before the Hon’ble Magistrate for their statement under section 164 CrPC.

A copy of the Post mortem Report has not been shared with the family of the deceased.

Observations in Report

The fact that anti-social elements felt emboldened enough to stop vehicles and extort money at such close distance from police station and the fact that the police didn’t prioritize the safety and security of the victims’ points towards the impunity enjoyed by them. If the police had immediately apprehended all the attackers and had urgently searched for the victims, it is possible that the life of Mr. Idrees Pasha could have been saved. The fact that Puneeth Kerehalli and his group has been involved in several cases of violence before this incident shows that ineffectiveness of the police in deterring such repeat offenders.

Despite the allegations of attempt to extort money by the accused, the third FIR (CR 0054/2023) doesn’t invoke relevant provisions of Indian Penal Code.

The team were informed that the police personnel had taken signatures of the surviving victims on plain white sheets.

The team were also informed that the surviving victims, who are also eye- witnesses to the attacks, have not be involved in the spot inspection at the site of the crime nor the police made any efforts to take the eye witnesses to before the Hon’ble Magistrate for their statement under section 164 CrPC.

A copy of the Post mortem Report has not been shared with the family of the deceased.

RECOMMENDATIONS

Based on the above facts and the observations, we would like to make the following recommendations:-

To the Police Department
1: INVESTIGATION

Ensure that a thorough impartial and independent investigation is carried out in the incident.

2: COMPENSATION

A compensation of Rs 10 lakhs should be provided to the family of Mr. Idrees Pasha.

3: POST MORTEM REPORT

Make a copy of the Post mortem report available to the family of the deceased immediately.

4: DIRECTIONS TO POLICE STATIONS

Issue direction to all Police Stations to apprehend such anti- social elements who are taking law in their own hands.

5: RECORDING OF STATEMENT

Record the statements of the eye witnesses under section 164 CrPC immediately.

6: DEPARTMENTAL INQUIRY

Institute a departmental inquiry into the lapses by the police personnel in this incident.

7: SUO MOTO REGISTRATION OF FIRs

The Police should take cognizance of videos depicting threats or acts of violence and/or torture or when they come to light and register suo moto FIRs.

Methodology

8: PREVENTIVE STEPS

Ensure strict compliance with the orders of the Hon’ble Supreme Court in Tehseen Poonawalla vs Union of India [AIR 2018 SC 3354] to ensure that preventive, remedial and punitive measures are taken to being an end to hate crimes. This includes among others – appointing nodal officers in each district to prevent such incidents, registration of an FIR without delay, preventing harassment of family members of victims, ensuring cases of mob violence are tried by Fast Track Courts on day-to-day basis, bringing out a victim compensation scheme, and holding police officials who fail their duties in preventing the violence accountable

9: REPEAL THE ACT

In view of the disruption to livelihoods caused by the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020, repeal the Act immediately.

The Report may be read here:

Related:

Karnataka’s Shame: Cattle trader, a Muslim, beaten to death by cow vigilantes

K’taka: Bail to cow vigilante, Puneeth Kerehalli, accused of killing Muslim man

Cow vigilantism continues with impunity in northern states of India

Under the guise of cow protection: reports of assault, illegal restraint against Muslims

Worsening Spiral of Communal Hate: State’s role in rising violence against minorities

The threat and lawlessness of “Gau-Rakshaks” in North India

Muslim truck driver allegedly attacked by cow vigilantes in Palwal, Haryana

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Lakhimpur Kheri massacre: Fact-finding report highlights administrative tyranny https://sabrangindia.in/lakhimpur-kheri-massacre-fact-finding-report-highlights-administrative-tyranny/ Wed, 05 Jan 2022 07:28:40 +0000 http://localhost/sabrangv4/2022/01/05/lakhimpur-kheri-massacre-fact-finding-report-highlights-administrative-tyranny/ The report calls for immediate sacking of MoS Ajay Mishra and investigation into role of local police

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fact-finding reportImage Courtesy:indiatoday.in

India’s democratic rights organisations formed an 11- member fact finding team to investigate the factors that resulted in the Lakhimpur Kheri Massacre. The team visited the area from October 28 to 30, 2021. After talking to local people, families of the farmers who died during the incident, their lawyers and eyewitnesses, including those whose statements were recorded by the police, the Association For Democratic Rights and others outlined the background, timeline and what followed after the massacre.

The team concluded that the October 3 incident must be investigated while considering the events in the preceding month, the context of land relations and concerted attempts to communally divide citizens.

Terai region has a long history of peasant struggles with rights over land being the central issue. The report asserts how land reforms are meant to empower the tenants instead of giving more power to the big landlords. WhenDalits, Adivasis and others were dispossessed of their lands, it was used by the ruling party representatives to create a communal wedge between the landless and landowning communities. Sikh farmers, living in the area since the 1940s were also antagonised, especially once they joined the nationwide farmers protest.

Both Union Minister of State for Home Affairs Ajay Mishra and his son Ashish incited hate against these farmers by stating that “Khalistanis were operating in the name of farmers” and that the movement was “infiltrated by Babbar Khalsa separatists.”

Similarly, the report began the incident’s timeline from the Kisan Mahapanchayat organised by the Samyukta Kisan Morcha (SKM) on September 20 and the Krantikari Kisan Union (KKU) and Bhartiya Kisan Union (BKU) protest on September 25 when people showed Mishra black flags in Palia.

In response Mishra mocked the protesters and at a Bharatiya Janata Party (BJP) gathering said, “I just want to say one thing to such people: behave yourself or else we will discipline you in 2 minutes. I am not just a Minister. Those who know me would also know that I do not run away from challenges. You will have to leave Lakhimpur.”

This speech sparked the October 3 protest at Tikunia village where Ashish Mishra allegedly ran over four farmers and local journalist Raman Kashyap with SUV vehicles. Recent SIT reports stated that the incident was not an accident or sudden occurrence but a pre-planned action against farmers.

Further, the fact-finding report also condemned the role of the police as reprehensible.

“The police sided with the offenders, facilitated their entry and escape from the scene of the crime, and the police is found to be peddling lies… and misinformation that is perpetrated by the State prior to the peaceful black flag protest, during the protest and after the brutal incident,” said the report.

The report also questioned the use of Section 144 in stopping the movement of people, farm leaders, press and political party representatives from reaching out to families.

“This practice must be challenged and the arbitrary restrictions on assembly and movement must stop,” it said.

As per interviews with locals, the police should also have informed protesters about the termination of Deputy CM’s programme to land in Tikunia for the Banvirpur event if they had this information a day prior to the incident. By keeping this information from farmers, the police and local administration contributed to letting the tension build in the area.

The team further noted that the police failed to help in providing timely medical care despite crowd control protocol mandates for first aid and training to efficiently transport injured for medical treatment. The police failed to assist in providing all this.

Family testimonies also blamed the poor state infrastructure and health services for the loss of lives. The aggrieved said local elected representatives like Mishra should have developed proper hospital facilities in the area but failed miserably in this duty. The incident has nowadays created an atmosphere of fear in the area.

Lastly, the team condemned the protesters’ confinement to a narrow stretch of less than 500 meters through barricading. The report said that this made farmers an easy prey for the speeding vehicles which entered the stretch and mowed down farmers.

“The precision with which this happened points to pre-planning,” it said, endorsing the SIT’s stand.

In light of all this, the fact-finding team reiterated farmers’ longstanding demand for the sacking of Mishra from his ministerial post. The report argued that his past and the unconditional power he enjoys in the current regime allow for a high likelihood that the investigation will be tempered, subverted to his and his party’s advantage.

“The impunity of the state must be challenged through a due process for which it is important that a free and impartial inquiry happens,” it said.

Therefore the report demands that the local police also be investigated for their role in the entry and escape of the criminals from the scene of crime. It is noteworthy that the police permitted the possession of legal weapons by those who have a criminal history. The report also challenged the overuse of internet shutdown and Section 144 by the present regime to silence victims and called for executive and the judiciary scrutiny. Further, until the case is disposed of properly, the state must protect witnesses and allow them to depose and live lives without fear.

Lastly, the team also noted the dubious deaths of BJP workers like Shyam Sundar Nishad and said that these deaths must also be probed impartially so that “the guilty don’t go scot free and the incident is not blamed on the dead to save the powerful accused.”

The full report may be read below:

Related:

Lakhimpur Kheri killings were planned: SIT
Lakhimpur Kheri killings: Kashyap family’s plea for separate FIR against MoS denied
Lakhimpur Kheri case: SC directs UP gov’t to “upgrade” SIT with non-native higher-grade officers
With thinning patience, SC recommends HC judge to monitor Lakhimpur Kheri probe
Lakhimpur Kheri killings: Two more farmers arrested for alleged lynching of BJP workers

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Over 300 attacks on Christians reported this year, over 2000 women, Adivasis and Dalits injured https://sabrangindia.in/over-300-attacks-christians-reported-year-over-2000-women-adivasis-and-dalits-injured/ Sat, 23 Oct 2021 10:23:30 +0000 http://localhost/sabrangv4/2021/10/23/over-300-attacks-christians-reported-year-over-2000-women-adivasis-and-dalits-injured/ Recent fact-finding reports elucidate how the Christian community has been targeted with surveillance, vandalism, attacks, and social boycott across the country

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AttacksImage Courtesy:thewire.in

The Washington-based international persecution watchdog Open Doors, has noted that  persecution of Christians in India is now “extreme” having increased significantly over the past five years, and has now “remained relatively unchanged for the past year” adding that “the Covid-19 pandemic has offered a new weapon for persecutor”. It puts on record how Hindutva mobs “believe that all Indians should be Hindus, and that the country should be rid of Christianity and Islam” and thus “use extensive violence to achieve this goal.”

For weeks, news reports have elucidated that the Christian community has been targeted with surveillance, vandalism, attacks, social boycott etc., across the country. These attacks have taken place across 21 states, and many are in areas which have often gone under the news radar. Many attacks have been reported from Uttar Pradesh, Karnataka, Uttarakhand, Chhattisgarh, and other places. According to two recent fact finding reports on the situation, there may have been nearly 300 such cases recently. Most of the incidents are reported from North Indian states with around 288 instances of mob violence. 

Christians under Attack in India: Joint fact-finding Report

A report titled Christians under Attack in India: Joint fact-finding Report was compiled jointly by United Against Hate, Association for Protection of Civil Rights and United Christian Forum. It puts on record attacks against Christians in UP and other parts of the country, and states that 305 incidents of such violence have been reported on UCF toll-free helpline number 1-800-208-4545, this year alone. The highest number of 69 incidents were reported to the helpline in September 2021, this followed 50 cases in August, 37 in January, 33 in July, 27 in March, April and June, 20 in February and 15 in May. “Uttar Pradesh, Chhattisgarh, Jharkhand and Madhya Pradesh recorded 169 incidents of Violence against Christians in total in the last nine months with Karnataka with 32 incidents of hate incidents against Christians” stated the report adding. Over 2000 women, tribals and Dalits were injured in these incidents.

One of the biggest attacks by Hindutva mobs was on a Church in Roorkee, Uttarakhand on October 3. Soon after the attack, SabrangIndia’s sister organisation Citizens for Justice and Peace, wrote to the National Commission for Minorities (NCM) to take cognisance of the various church attacks by alleged right-wing outfits in various states.

At the release of the joint report, survivors Pearl, Sadhana and Eva, described how “a mob of around 300 people, barged in the church and vandalised it. CCTV cameras were destroyed, Christian worshippers molested and beaten.” According to them “the attackers were people from the neighbourhood and well educated” and yet “no arrests have been made and the harassment hasn’t stopped even after two weeks of the violence.” The Fact Finding Report stated that “despite prior complaints by Lance family Roorkee Police did not provide security to the Church and family prior to attack, at the time of attack police were informed and calls were made to Civil Lines police station which is less than a kilometer away from the Church but the police team arrived when the violent mob dispersed on its own after the attack and prima facie attack looked meticulously planned to build a fake narrative of conversion.”

The report also records the testimonies of victims of 89 other incidents of hate crime against Christians and quotes from SabrangIndia reportage of Hindutva mob attack on Christians at Mau

The report may be read here:

[please insert PDF Christians under Attack in India: Joint fact-finding Report]

Vigilantism and Attack on the Freedom of Religion in Meerut

A report titled Vigilantism and Attack on the Freedom of Religion in Meerut by activists Irfan Engineer Director, Centre for Study of Society and Secularism, and Vineeth Srivatsava Bhagyanagar, a PhD scholar from JNU, records in depth the communal violence in Meerut, Uttar Pradesh. The authors recently visited Meerut, a busy town just about 70 kms from the National Capital Delhi. According to the 2011 census, Meerut has a population of around 1.42 million. The historical city is said to be the place where the 1857 rebellion originated is a busy town with a mixed population. The report cites that “Hindus account for 63.40 per cent of the population and Muslims about 34.43 percent. People practising Christianity, Buddhism, Sikhism, Jainism and other faiths are less than two per cent of the total population of the district. Meerut has also had a history of communal riots, mostly “Hindu-Muslim riots”.

Now an additional targeting of Christians, Dalits, and Adivasis have been reported, after 2014. Hindutva mobs have “disrupted prayer meetings in Christian households and private gatherings accusing them to be meetings for religious conversions.” The activists met locals, who spoke about an alleged “Police and vigilante nexus” sharing that “Bajrang Dal leaders and members often get away with their actions unchallenged. It was found in our investigation that police played a dual role in such instances.” Irfan Engineer told SabrangIndia that this was the first report and that more visits to Meerut will be undertaken to put on record the latest incidents of communal attacks on minorities.

The report on the history of the communal violence in Meerut, may be read here:

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Hate Watch: Right-Wing group sing bhajans in Karnataka church as “protest” 
CJP approaches minorities commission over attacks on Christian nuns, prayer 

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Adivasi youth allegedly killed by Jharkhand security forces: Fact-finding report https://sabrangindia.in/adivasi-youth-allegedly-killed-jharkhand-security-forces-fact-finding-report/ Thu, 24 Jun 2021 11:12:30 +0000 http://localhost/sabrangv4/2021/06/24/adivasi-youth-allegedly-killed-jharkhand-security-forces-fact-finding-report/ Local newspapers said Bramhadev Singh of Piri village died in counter firing by security forces, but an investigating group discovered villagers never even attempted to fire at officers

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Image Courtesy:gaurilankeshnews.com

The Jharkhand Janadhikar Mahasabha (JJM) on June 23, 2021 alleged systemic violence by security forces against Adivasis in Piri village, after investigating a firing incident that resulted in the death of tribal youth Bramhadev Singh.

On June 12, news reports emerged of an alleged “exchange of fire” between security forces and Maoists in the Kuku-Piri forest, that falls under the jurisdiction of the Garu police station of Latehar. Online portals claimed that one Naxalite was killed and others were found holding guns. However, a fact-finding team claims that the incident was actually an attack by local authorities on innocent villagers.

Six Adivasis including the deceased Bramhadev Singh were out on an annual hunting ritual for the Sarhul festival when they came across the security personnel. The villagers carried Bhartua guns that have been in their families for generations. They use these guns to hunt small prey like rabbits, pigs and chickens, and to protect crops from pests.

The group panicked on seeing officers at the edge of the forest and attempted to retreat. However, the security forces fired at the group without warning, according to JJM’s report. Villagers did not fire back but shouted that they are common people, not Maoists.

“The government should formally make the truth public. This was not an exchange of fire with Maoists. Nor was it a retaliatory action by the security forces. The security forces fired at innocent Adivasis and shot dead Bramhadev. Then an attempt was made to cover up the matter,” said the report.

As the firing continued for about half an hour, one of the bullets hit villager Dinanath in the hand and another seriously injured 24-year-old Bramhadev. Once the survivors fled, the security forces fired three shots at him resulting in his death, The villagers also told the fact-finding team that none of the six victims were associated with the Maoist organization.

This account by villagers came to the forefront only after the team comprising various organisations, journalists, lawyers and social workers, approached the victims on June 17 and analysed the response of local administration and police, the FIR and reports by local media.

“The FIR makes it clear that the police are trying to hide the truth… According to the FIR, this incident was an exchange of fire in which the first shot was fired by the group of armed villagers… It also mentions that Brahmadev’s body was found at the edge of the forest. These statements are contrary to facts,” said the report.

Local police filed a case against the six Adivasis under various sections, including the Arms Act. The team alleged this was to maintain pressure on villagers and keep them from questioning the incident. At the police station, survivors were made to sign or thumbprint on many pages without informing them about the content.

Demands by the Jharkhand Janadhikar Mahasabha

The team demanded that Bramhadev’s wife be compensated at least Rs. 10 lakh. The state government should take full responsibility for their son’s upbringing, education and employment. Further, the other five survivors should be compensated for police harassment.

Citing a June 2020 incident where Chiriyabeda Adivasis in West Singhbhum were brutally beaten by the CRPF during a search operation, the group said that such incidents continuously occur in the state. The FIR in this case did not even mention the CRPF and victims still haven’t received any compensation or assured of any action against offending CRPF soldiers.

Chief Minister Hemant Soren and his political alliance got a clear mandate following oppressive and anti-people policies of the BJP government and alleged violence against Adivasis. Yet, human rights violations and police atrocities continue in Adivasi areas. To correct this historical wrong, the Jharkhand Janadhikar Mahasabha and fact-finding team listed the following demands:

  1. Establish a judicial commission to ensure an independent investigation into the actions of security forces. An FIR should be lodged against security force personnel and officials responsible for Bramhadev’s death and the firing.
  2. The FIR against villagers should be quashed. The government must take administrative action against local police and senior officials for filing wrong statements and FIRs.
  3. Those statements, affidavits etc. from should be made null and void considering people were forced to sign/thumbprint papers. Further, testimonies should be taken only in presence of lawyers.
  4. The government should clearly instruct local administration and security forces not to exploit adivasis in any way. People should not be harassed under the guise of anti-Naxal operations.
  5. Before running a search operation in a village area in fifth schedule areas, personnel must get the consent of Gram Sabha and traditional village heads; in other areas, they must avail the consent of Panchayat representatives. Fifth Schedule provisions and PESA should be fully implemented.
  6. Local administration and security forces should be trained and sensitised about indigenous language, customs, culture and their world view.

A letter detailing these same demands was also sent to the District Deputy Commissioner Abu Imran on Wednesday.

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Urgent action needed against spread of Covid in tribal areas!
2021: A half-yearly round up of CJP’s Hate Hatao Project

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Prosecute CISF personnel for firing on unarmed villagers: MASUM to NHRC https://sabrangindia.in/prosecute-cisf-personnel-firing-unarmed-villagers-masum-nhrc/ Wed, 14 Apr 2021 11:59:24 +0000 http://localhost/sabrangv4/2021/04/14/prosecute-cisf-personnel-firing-unarmed-villagers-masum-nhrc/ Questioning the CISF’s claims of a mob attack, MASUM members asked why unarmed villagers were attacked during the incident.

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Image Courtesy:timesofindia.indiatimes.com

Prosecute concerned Central Industrial Security Force (CISF) personnel for killing four Muslim migrant labourers, casting their vote for the Assembly election, Manabadhikar Suraksha Mancha (MASUM) Secretary Kirity Roy appealed to the National Human Rights Commission on April 12, 2021.

Roy’s letter to the human rights body referred to an incident on April 10 in the Cooch Bihar district of West Bengal where four persons – Manirul Kaman, Nur Alom Mia, Chamiul Haque and Hamidul Mia – were shot dead and seven other people were injured grievously.

Calling the incident one that “throws a pile of shame to the world’s largest democracy” Roy demanded immediate suspension of the perpetrators, including District Superintendent of Police, and demanded proper security and compensation to victims’ families. Further, she demanded prosecution of Bharatiya Janata Party (BJP) West Bengal President Dilip Ghosh, who said in a public rally that such an incident will occur again in subsequent phases of campaign.

In their fact-finding report, the MASUM pointed out that the Central Election Commission failed to act against Ghosh’s hate speech. It also claimed that the central government was responsible for “this brutal atrocity and arbitrary attitude of the forces.”

As per the report, the incident occurred in Sitalkuchi block of Jorpati village when a CISF jawan assaulted 14-year-old physically-challenged boy Mrinal Haque in the market place, not far from the polling booth conducting the fourth phase of the election. A newspaper report claimed that the security officer attacking Mrinal grabbed him by the neck and hit him several times. When he fell to the ground, some villagers protested and helped him escape the assaulter.

Mrinal’s brother, who recorded the incident on his phone along with officers’ attempt to shift Mrinal in a car, was also beaten by personnel. Soon, the sector mobile officer informed the Quick Reaction Team (QRT) that arrived at the place with around five more CISF officers.

Following this, two jawans opened fire at the villagers, shooting four villagers in the chest. The report states that the CISF jawans who fired openly were brought in from outside while security forces near the polling booth left the place after the shooting. After some time, state police and other voting agents posted there also left the area. Voters who tried to record the incident met the same fate as the two boys.

While Mrinal survived the firing, he was sent to the Mathabhanga SD Hospital. 50-year-old Binoy Burman received a gunshot on his thigh. Yet another survivor Debendra Das received blunt injury on the head. As per the official statement, two polling officers and an ASHA worker were also injured in the incident.

Shortly after the incident, the CISF released a statement that the security force had opened fire against a mob of 50 to 60 miscreants who appeared while jawans were making their rounds. The statement claimed that the mob entered the polling booth and tried to snatched the weapons of CISF personnel. This statement was seconded justification by District SP.

In response, Roy put forward the following questions regarding the feasibility of the firing:

Why did a CISF jawan beat Mrinal Haque, son of Majid Mia, in the market area?

Whether the firing upon innocent people was a legitimate exercise of self-defence?

Whether the use of force was proportional to the resistance offered?

How dangerous was the situation to warrant seven rounds of lethal firing upon innocent villagers?

Why did the personnel fire on unarmed villagers?

If the situation seemed dangerous, why didn’t the CISF first lathi-charge the mob? Why were tear-gas shells not used instead?

Why was the presiding officer not consulted before the firing? Who was in-charge of the polling activity in that area?

Who was the commanding officer that ordered the firing and in which direction?

The organisation also questioned the fact that no security officer was injured despite claims of a “dangerous situation.”

Regarding the deceased, the report said that Nur Alom was the only earning member of his five-member family. He had returned to his village to cast his vote. His post-mortem report claims an “unnatural death.”

Similarly, Manirul Jamal and Chamiul were also the main breadwinners of their families. Jamal’s cousin alleged that the CISF personnel intentionally fired towards the Muslim people, as per the instruction of BJP leaders. Another victim, Hamidul Mia is survived by his pregnant wife and other family members.

A video recording the accounts of victims and family-members may be viewed here ((TRIGGER WARNING: Disturbing images and sounds of gunshots))

“The perpetrator CISF personnel not only violated rights guaranteed in Article 21 of Indian Constitution but also the premise of Article 7 of the International Covenant on Civil and Political Rights as well as Goal number 8 and 16 of Sustainable Development Goal earmarked by United Nations. In both these international instruments, the Indian government is a party. Perpetrators also violated Article 2, 3, 5, 6 and 8 of the Code of Conduct for Law Enforcement Officials and Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Eighth United Nation Congress on the Prevention of Crime and the Treatment of Offenders,” said Roy, demanding an immediate judicial inquiry into the incident.

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Sitalkuchi killings: This blood won’t wash easy…
Battleground Bengal: Five killed in Sitalkuchi, EC and Central forces under scanner again
Battleground Bengal: Giasuddin Molla, Dilip Ghosh attacked
Battleground Bengal: EC’s different strokes for different folks

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Kaimur firing: Fact-finding report makes startling revelations! https://sabrangindia.in/kaimur-firing-fact-finding-report-makes-startling-revelations/ Sat, 24 Oct 2020 13:42:09 +0000 http://localhost/sabrangv4/2020/10/24/kaimur-firing-fact-finding-report-makes-startling-revelations/ Report co-published by AIUFWP, CJP and DSG showcases regime’s excesses against Adivasis demanding forest rights

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On October 23, Brinda Karat, Polit Bureau member of the CPI(M) and Vice President of Adivasi Adhikar Rashtriya Manch, released a fact-finding report on the firing on Adivasis by Bihar Police in Kaimur. The firing had taken place on September 11, when the Adivasis were holding a peaceful sit-in protest in Adhaura. The report published together by All India Union of Forest Working People (AIUFWP), Citizens for Justice and Peace (CJP) and Delhi Solidarity Group (DSG) looks into what exactly transpired on that fateful day.

The Adivasis had come together under the Kaimur Mukti Morcha and had placed six demands before the government:

  • Implement Forest Rights Act 2006.
  • Declare Kaimur as a Scheduled area as per the Fifth Schedule of the Constitution. Panchayats (Extension to Scheduled Areas) Act, 1996 to be implemented effectively.
  • The administrative reorganisation of Kaimur Valley.
  • Scrap the 1927 colonial Indian Forest Act.
  • Implement the Chota Nagpur Tenancy Act.
  • Abolish the proposed Kaimur Forest Wildlife Sanctuary and Tiger Reserve.

However, instead of engaging in dialogue police opened fire on them. Seven activists were also detained in the process, though released on bail later.

The four member Delhi-based fact-finding team consisted of Amir Sherwani Khan (All India Union of Forest Working People), Matadayal from (All India Union of Forest Working People), Raja Rabbi Hussain (Delhi Solidarity Group) and Aman Khan an advocate from the Supreme Court. They visited the Adhaura Block, Kaimur District of Bihar from September 23 to 27, 2020.

The findings of the report were released in an online press conference attended by not only Brinda Karat, but also Roma Malik (General Secretary – AIUFWP), Teesta Setalvad (Secretary – CJP) as well as the authors of the report.

Shedding light on the group that was protesting Roma (who prefers to go only by her first name) said, “It is not as if Kaimur Mukti Morcha (KMM) is some banned organisation. They are an old and highly respected group that has been working tirelessly to help Adivasis and forest dwellers use all legal means at their disposal to stake individual and community claims to forest land. Their growing influence on the locals worried the forest department who began calling the group a Maoist organisation!”

Roma further explained that following the creation of Jharkhand, Kaimur Adivasis in Bihar suffered from a lack of representation since they became a minority in Bihar. As a result, their rights such as collection of herbs and wood from the forest were snatched away. The forest department levied restrictions on their sale of forest produce. Moreover, during the pandemic, officials invaded Adivasis fields and dug holes. While it is clear they did this to prevent the Adivasis from cultivating the land, the official reason given was that this was for a tiger reserve project!

“Forest-dwellers tried to talk to the District Magistrate and showed the Supreme Court stay order that recognised their right to live in forests, as well as the Forest Rights Act of 2006. However, forest officials said they neither recognised the law nor did they feel compelled to adhere to the stay order. Accordingly, many houses in Sarainar, Dighar, Gullu, Guiyan and many other areas were destroyed,” narrated Roma.

It was to protest this injustice, that Adivasis assembled in thousands at the Birsa Mundak Smarak Sthal in Adhaura block of Kaimur district on September 10. Protesters from as many as 108 villages simply wanted to talk to authorities. However, no official met with or spoke to them.

Frustrated women protesters padlocked the forest department office. They hoped that such an extreme step would make authorities acknowledge their complaints. However, instead of agreeing to talk with the Kaimur Mukti Morcha (KMM), forest officials broke the padlock at night, never bothering to approach the protesters.

This wilful disregard for Adivasi suffering angered the protesters to such a point that they proceeded to barge into the office. Police attacked them and fired at them. Three people were injured with one narrowly missing a fatal wound to the head. Many people were arrested and false cases under charges such as Sections 307, 353, 147, 148, 506, 504 and even Arms Act. No investigation was conducted yet 25 people were named. Member Viniyan Ashram’s office in Adhaura was destroyed and their motorcycles were taken away as well.

“It is surprising that during lockdown, when people’s livelihood should be protected, the forest department is disrupting their fields, barring their local business and attacking communities,” said Roma.

Moreover, the KMM had also boycotted elections, although they did believe in the electoral process. The fact that Union Minister of State for Home Affairs Nityanand Rai had visited the area following this declaration is significant because Ministers seldom visited the area. Yet, the community’s claim forms continue to gather dust in administrative offices.

“All across India, forest department is violating laws and trying to intimidate Adivasi communities. Meanwhile, wherever forest rights were recognised, people faced no such atrocities. In fact, they were empowered enough to help out migrating labourers during the lockdown period,” she said.

Meanwhile, Kharwar Adivasi community’s Subhash Singh, a professor, who had participated in and witnessed the events of September 10 said, “They are lying when they say we did not seek permission. I personally ensured permission was obtained and all legal processes followed.”

Narrating the events of the two-day protest, Singh said, “We assembled at Adhaura block in Kaimur Pathar to hold a two-day protest. We wanted Kaimur hills to be declared a scheduled area as per Schedule 5 of the Constitution. Further, we demanded the implementation of the PESA Act and abolition of the tiger reserve project in Kaimur area. We wanted the 1927 Indian Forest Act to be withdrawn and the implementation of Forest Rights Act 2006 instead. Lastly, we wanted our forest rights to be acknowledged.”

Singh said that Adivasis had gathered to assert these demands during the peaceful protest but police opened fire on them and arrested seven people while 22 people faced false charges.

“In this way, the government refuses to listen to Adivasi demands. If we try to educate ourselves and demand our rights, we are called Naxalites. Even today, in Adhura, Adivasis live in a deplorable condition,” he said.

Subhash recounted how Kaimur Adivasis do not have proper houses, and the few that are there, are mud-houses that are destroyed by forest officials. He asks, “They say the houses are on forest grounds. But forest, land and water are our birthright. So where else will we live?”

Even today, Adhaura does not have health facilities, he said. Many people die enroute to the main district hospital which is nearly 70-75 kms away. As for the single government hospital in the area, it has been turned into a military camp.

“The hospital had 400-700 beds. But the government has now made it a camp because of which Adivasis can’t be treated there,” he said.

He also pointed out that there are no educational facilities in the area. There are buildings of schools but no teachers to teach there. Attendance exists only on register. He also said there is no electricity in Adhaura. Moreover, villages are yet to receive roads that connect the main district to their areas. The forest department does not allow this claiming they do not want trees cut down.

Lastly, he said there is no provision of telecommunications barring a single BSNL tower that all villages use. However, he pointed out that even this company, despite being a public-sector undertaking (PSU) was ignored by the government.

In this way, he concluded, Adivasis are still deprived of their basic rights. The KMM and communities are agitating for the realization of these demands.

Matadayal who talked about his observation during the visit to the six villages as a member of the fact-finding report team made similar comments about the area.

He recalled how many villagers in Adhaura were scared to talk to them because of police and forest department officials. People who had previously interacted with the organisations agreed to talk but the villagers, with whom members wished to speak, were apprehensive of the newcomers.

Gradually, people talked about the police firing. After listening to their accounts, Matadayal recommended levying heavy charges against police and forest personnel, just as the officials lodged false charges against Adivasis.

“Using SC/ST Act and Section 7 of the Forest Rights Act, we can lodge complaints. Right now, we are only in the dharna-phase. Also, while it is wonderful that the Supreme Court has taken up the case filed by CJP-AIUFWP, we also need to do the same at the district level where our women are harassed and members are attacked,” he said.

To this, CJP secretary Teesta Setalvad assured the community that CJP-AIUFWP would provide all necessary help to fight this legal battle.

After talking to Adivasi women, another team-member Amir Sherwani Khan, realised that people were well versed in matters of the law. “In many villages they talked about Schedule 5 of the Constitution. However, they could not oppose the authorities. Even after the firing, they had no information about their family-members who had been injured or detained,” recalled Khan and dubbed the administration as an “andha kanoon” regime.

“All women stood fast on their decision that they would die rather than giving up their forests. I remember an aged-woman there said that the forest department may attempt to bury us but we will not leave our forests,” he said.

On September 25, they tried to meet the man whose ear was shot during the firing. However, villagers hid the person on seeing visitors. As a result, the team failed to meet the victim although villagers narrated the entire incident. All of them complained about the forest department’s restrictions in collecting forest produce.

“I looked at MGNREGA numbers and saw that they did not benefit from this scheme during the lockdown. Nearly 5,000 people worked under this scheme for 30-40 days. This despite the fact that MGNREGA should provide employment for 150 days in tribal areas. So, while Adivasis were not allowed to carry out their traditional occupation, they also did not receive benefits of a public policy,” he said.

Khan also said that for eight months nobody had gone to school. Villagers said the area had become a sort of garrison where the community was surrounded by CRPF personnel everywhere.

Similarly, team-member, Raja Rabbi Hussain said he felt a fear within the community. He pointed out that the forest department was stealing their land under the guise of road construction. He was appalled that the department could not differentiate invasive species from plants from indigenous plants. Any plant was being planted along the road that affected that forest’s biodiversity.

Talking about empowerment, he said that people needed to be liberated to demand justice due to them from the administrative and judicial machinery. 

CJP secretary Teesta Setalvad concluded proceedings by sharing how CJP had remained steadfast in its campaign to empower Adivasis even during the pandemic. Setalvad said, “For the last six months we at CJP have been using technology to conduct training programs and workshops via webinars to empower people with proper legal knowledge.” The webinars and workshops will continue in the months ahead.

The entire fact-finding report may be read here: 

Related:

Bihar Govt has worst record on Land Rights to Adivasis: Brinda Karat
Kaimur Firing: Fact-finding report released
Covid-19 and Adivasi Empowerment: CJP’s unique contribution
This is the land of our ancestors: Adivasi man writes to CJP
CJP-AIUFWP move NHRC against firing on peaceful Adivasi protesters in Kaimur

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Women’s Voice releases Fact-finding Report on Kashmir https://sabrangindia.in/womens-voice-releases-fact-finding-report-kashmir/ Tue, 24 Sep 2019 13:25:52 +0000 http://localhost/sabrangv4/2019/09/24/womens-voice-releases-fact-finding-report-kashmir/ A five member team of eminent activists, journalists and civil society members recently returned from Kashmir. The all-woman team has now shared its findings on the situation on the ground in the region that still remains by-and-large cut off from the rest of the country, the communication blackout enabling unspeakable excesses against the local population […]

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A five member team of eminent activists, journalists and civil society members recently returned from Kashmir. The all-woman team has now shared its findings on the situation on the ground in the region that still remains by-and-large cut off from the rest of the country, the communication blackout enabling unspeakable excesses against the local population by the military.
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Image Courtesy: deccanherald

The team comprising Annie Raja, Kawaljit Kaur, Pankhuri Zaheer from National Federation Indian Women, Poonam Kaushik from Pragatisheel Mahila Sangathan and Syeda Hameed from Muslim Women’s Forum visited Kashmir between September 17 and 21. Apart from Srinagar, the women visited several villages in Shipian, Pulwama and Bandipora to take stock of ground realities. They have now released their report based on eye witness accounts and case studies of those who have actually suffered.

The report says, “Across all villages of the four districts, peoples’ experiences were the same. They all spoke of lights, which had to be turned off around 8PM after Maghreb prayers.” The report also says how men and boys seldom venture out after dark as they get picked up by security forces on trumped up charges. They rarely return, and if they do it is after suffering intense physical and psychological torture.

The report also goes on to document the complete breakdown of public healthcare in the region. This is not only because of cell phone networks and internet being suspended, but also because of public transport being suspended. There are also not enough ambulances.
The report ends with the following demands:

We Demand:
 
1. Withdraw the Army and Paramilitary forces with immediate effect
2. Immediately Cancel all cases/ FIRs and release all those, especially the youth who are under custody and in jail since the Abrogation of Article 370
3. Conduct inquiry on the widespread violence and tortures unleashed by the Army and other security personnel.
4. Compensation to all those families whose loved ones lost lives because of non-availability of transportation and absence of communication.
5. Immediately restore all communication lines in Kashmir including internet and mobile networks.
6. Restore Article 370 and 35 A.
7. All future decisions about the political future of Jammu and Kashmir must be taken through a process of dialogue with the people of Jammu and Kashmir.
8. All army personnel must be removed from the civilian areas of Jammu and Kashmir.
9. A time bound inquiry committee must be constituted to look into the excesses committed by the army.

The entire report may be read here:
 

 

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