Fact Finding | SabrangIndia News Related to Human Rights Fri, 16 Feb 2024 12:48:13 +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 | SabrangIndia 32 32 Haldwani minorities fear deaths to be higher than official figures, narrate tales of police brutality & complicity: Fact-finding report https://sabrangindia.in/haldwani-minorities-fear-deaths-to-be-higher-than-official-figures-narrate-tales-of-police-brutality-complicity-fact-finding-report/ Fri, 16 Feb 2024 12:48:13 +0000 https://sabrangindia.in/?p=33209 Several testimonies before the fact-finding team narrated the administration’s targeted attack on the evening of February 8, when officers arrived with bulldozers, sanitation workers and large police “protection” to demolition the mosque and madrasa “despite the matter being sub-judice;” today, Haldwani’s Banbhoolpura area suffers in silence as connectivity is cut with the outside world

The post Haldwani minorities fear deaths to be higher than official figures, narrate tales of police brutality & complicity: Fact-finding report appeared first on SabrangIndia.

]]>
While official figures suggest that seven lives have been lost in the violence, local residents from Haldwani’s Banbhoolpura area, Muslims fear that the toll would be as high as 18-20.  This is part of a Fact-Finding team’s report. The team, in the wake of the recent outbreak of violence in Haldwani, a fact-finding team, with members from the Association for Protection of Civil Rights (APCR), Karawan-e-Mohabbat and civil rights activists Zahid Qadri and Harsh Mander visited Haldwani on February 14, 2024. 

As of now, it has been reported that seven people were killed during the violence. The report details that six were killed by police bullets, and one allegedly by the bullet of a civilian and local resident named Sanjay Sonkar. The report also documents that locals attest that the actual number of casualties would be around 18-20, as people are fearful of coming out and speaking given the fear of police brutality. 

As reports of “police excess” continue to come in, the fact-finding report specifies that no ‘written’ shoot-on-sight order was given, and in fact, and authorities were acting on ‘internal information’ when they fired. The report also suggests that there was a “planned conspiracy with marked outsiders that led to violence and arson”, including the burning of the police station, each of which is being used to falsely implicate and terrorise Muslim residents of the area.   The report states that, “the entire incident appears to be a well-planned conspiracy.” Even, Sumit Hridyesh, MLA of Haldwani, has asserted and said that the incident was the result of a well-planned conspiracy. Hridyesh had earlier also stated that the authorities acted in a hurry to demolish the mosque and madrasa. 

One reason for stating that “this entire incident appears to be a well-planned conspiracy,” was how deliberately “electricity (was cut off) around 5 p.m. anticipating that all the inverters would be exhausted by 7 or 8 pm in the evening. Consequently, the entire region experienced a blackout due to the power outage even as firing induced violence continued. (details below)

Background

Banbhoolpura is an area that holds a considerable Muslim presence. Observers have repeatedly stated that the violence that took place earlier this month was entirely unprecedented in Haldwani. However, Uttarakhand has been in the news prior to this incident for anti-Muslim incidents and hate speeches in the state. As the report states, this incident is not without precedent. Accusations of ‘love-jihad’, ‘mazaar-jihad’, and ‘land-jihad’ on Muslims have been spearheaded by several politicians from BJP. 

Similarly, the report details that prominent faces in the state government, including elected officials along with radical right-wing organisations have been involved in making speeches and comments that keep communal fires stoked. 

“The state government led by the Chief Minister Pushkar Dhami and radical right-wing citizen groups have together contributed to a highly polarising narrative with many disturbing elements. One strand of this discourse is about creating Uttarakhand as a ‘Devbhoomi’ the holy land for Hindus which would have no place for other religious minorities.” The report details that the CM Dhami has been mostly silent about unauthorised Hindu structures on forests and Nazool lands, while on the other hand he has boasted about the government’s destruction of 3000 Mazaars (shrines). 

The administration, according to intelligence provided by the Nainital Local Intelligence Unit, was well aware that unrest would occur if they went ahead with the demolition. The report details that officials gave conflicting statements and just three days prior to the incident, the government suddenly stopped drone surveillance that was being conducted earlier in the area. 

On January 30, 2024, the report chronologically documents that eviction notices were served which gave a two-day notice for the Mosque and Madrasa in Haldwani. However, despite pleas from local Ulemas and a legal intervention by Sofiya Malik in the High Court, a rather hurrief demolition was embarked upon. The High Court heard the petition of Sofia Malik who holds the leasehold over the land. The bench heard the matter on February 8 and gave the date for the next hearing on February 14 without passing any interim order. However, even while the matter was sub judice and before the High Court, the Municipal office sealed the structures on February 4, 2024.  

The day of violence

Thereafter, despite the matter being sub-judice, on the evening of February 8, 2024, the Municipal office, accompanied by police presence, started the demolition of the sealed Mosque and Madrasa.  As per the report, a large number of women came together to protest against the demolition. However, the women were allegedly abused, manhandled, beaten and forcefully removed. 

In the midst of this unrest, the police unsealed the Masjid and Madrasa. They even chose to ignore their earlier instructions to give the sacred items in the buildings to the Maulana.  The report details that the persons who were throwing stones at the police were masked, and from a different locality.  During this time, the report also details that some sanitation workers, mainly from the Valmiki Community, gave the police their support and reportedly organised members from their community against Muslims. This resulted in the conflict turning communal, states the report. During the vandalism and attacks on Muslims, chants of ‘Jai Sri Ram’ were also reported by locals, states the report. 

The report states that “some individuals wearing masks arrived at the police station and began stone- pelting and setting vehicles on fire. They appeared to have no fear of the police or gunfire as air-firing had been occurring until that point. All the vehicles and the Police van caught fire shortly afterward. Such an incident has never occurred in this city before…”

Prior to the time the police station was set to fire, the locals reported that the electricity was cut around 5 pm, by 7 pm, with inverters exhausted, the entire area was in a blackout. It was also around 7 pm that multiple incidents happened simultaneously. About three people were fatally shot and killed around this time. Furthermore, the report describes that it was during this power outage that unidentified people came and set the police station on fire, “During the blackout, some individuals reportedly arrived in masks and set the police station on fire. They appeared to be unfamiliar with the surroundings suggesting they were from different localities. Furthermore, their speech tones and accents were markedly different from those of the people of Banbhoolpura.”

 “During the blackout, some individuals arrived and set the police station on fire. They appeared to be unfamiliar with the surroundings suggesting they were from different localities. Furthermore, their speech tones and accents were markedly different from those of the people of Banbhoolpura.”

A total of approximately 1000 rounds of firing are reported to have been fired and locals learned later that night of the ‘shoot at sight’ order.

Narratives of police brutality

The next day, the report documents how, reportedly, the police carried out a harsh assault on residents near Malik ka Bageecha. Over 100 people were detained, and women and children too endured brutal beatings and assault. The wife of a journalist named Saleem Khan, was also reportedly brutally assaulted and injured.  Thus, despite four days having passed, when the team visited on February 14, 2024, the entire area continued to be deserted, and people are further being subjected to violence and brutality, as per the report. While, official records assert that only 30-36 people are detained, the report says that the reality paints a different picture the police have established detention centres where scores of people are being held against their will. According to former IFS officer Ashok Sharma, the police even used a local school to hold detained people which served as an ‘interrogation and detention centre.’

Furthermore, even as the curfew set in, reports of police brutality continued to come in. These included reports of police entering homes forcefully and assaulting women, children, and men on the night of February 8, 9 and 10 as families continued to flee the region. 

Harrowing narratives from Haldwani continue. A Newslaundry report brings testimonies from the ground where an 18 year old Muslim boy named Kaif got his skull fractured after, he says, the police barged in his house and beat him, “About five cops broke the door of our house and barged inside. Then they thrashed me with lathis. I pleaded with them to spare me but they kept saying that I was pelting stones on February 8…they did not listen to me. Why would I pelt stones at the police? I don’t have a father, I have to earn for my family. I am a construction worker. I hardly earn Rs 100 a day. But they did not listen to me even once.” 

Related:

Haldwani: Police allege planned mob attack, as local Muslims state police harassing and detaining family members without evidence

Demolitions as retributive state policy used against minorities in India: Amnesty

 BJP MLA Nitesh Rane leads Hindutva Rally in Govandi, demands demolition of “illegal Masjids and Madrasa”

The post Haldwani minorities fear deaths to be higher than official figures, narrate tales of police brutality & complicity: Fact-finding report appeared first on SabrangIndia.

]]>
Fact- finding visit to Niyamgiri – Lanjigada area by CDRO and GASS https://sabrangindia.in/fact-finding-visit-niyamgiri-lanjigada-area-cdro-and-gass/ Tue, 30 Apr 2019 06:47:30 +0000 http://localhost/sabrangv4/2019/04/30/fact-finding-visit-niyamgiri-lanjigada-area-cdro-and-gass/ A 16-member fact-finding team of All India Coordination of Democratic Rights Organisation (CDRO) and GanatantrikAdhikar Suraksha Sangathan, Odisha (GASS) had been to Niyamgiri area and Vedanta Plant site, Lanjigada and spent three days from 26th to 28th April, 2019 there. All members got divided into two teams. One team visited various villages of Niyamgiri like […]

The post Fact- finding visit to Niyamgiri – Lanjigada area by CDRO and GASS appeared first on SabrangIndia.

]]>

A 16-member fact-finding team of All India Coordination of Democratic Rights Organisation (CDRO) and GanatantrikAdhikar Suraksha Sangathan, Odisha (GASS) had been to Niyamgiri area and Vedanta Plant site, Lanjigada and spent three days from 26th to 28th April, 2019 there. All members got divided into two teams. One team visited various villages of Niyamgiri like Lakpadar, Belang Mandal and Dangamati to investigate violation of human rights in the region. Another team visited affected villages of Vedanta Plant like Chatrapur, Rengapali and Bandhaguda, met family members of Dani Batra died on by Industrial security forces on 18th March at plant site. The team also went to meet British Kumar at his village Ghatikundru who was allegedly beaten by the SP of Kalahandi. The team members also met Inspector In-charge at Lanjigada police station and talked with the District Collector and the SP over phone.

Our findings :-

More violation of Human Rights in name of ‘Maoists’ :In Niyamgiri Dongaria adivasis who are in leadership of Save Niyamgiri Movement under banner of Niyamgiri Suraksha Samiti have been targeted more in post –gramsabha (2013) situation.  At Dangamati village Manda Kandraka died in an encounter by the security forces on 27th February 2017 allegedly as ‘Maoist’. Since then none of the official has visited his village. Lado Sikaka of Lakpadar village has been picked up twice by the police without notice and had been released every time with a warning. In  a similar way 16 tribals leaders either have been put into jail in name of Maoist like in case of Dasuru Kadraka of Garata village or have been released with a confessional statement not to be associated with any joint activities. The midnight raid and arrest of Kuni Sikaka (17) of Garata village on 1st May 2017 by the police suspecting her as ‘Maoist’ and when agitation happened then she was released under false confessional statement are undemocratic. Lingaraj Azad who is at the forefront of the struggle has been arrested and harassed by the police several times.
Adivasis of Niyamgiri and surrounding areas of both districts of Kalahandi and Rayagada have been dependant on the hill. It is their life and livelihood also. The existence of Vedanta Co. in this scheduled area has always been a threat for them. They have been demanding for more schools, anganwadi centres, healthcentresunder their banner of Niyamgiri Suraksha Samiti before the government. But in reply the government has been foisting false cases to pressurise them to leave Niyamgiri.

CRPF camp at Trilochanpur: Recently the govt. has converted Trilochanpur Panchayat office into a CRPF camp for the time being.

Construction of a new camp has already been started on encroached land of Layi Majhi of Belaguda village.The villagers did gramsabha in this fifth scheduled area and had opposed this plan of setting up of the camp. But none of the officials attended the meeting.  People were cultivating that land since generations and had applied for patta under Forest rights act. The administration has neither taken consent of gramsabha before constructing the camp nor has given importance to the application Layi Majhi under FR Act.

Death of Dani Batra:In this ‘alleged’ clashes happened on 18th March 2019 at Vedanta Plant Gate site between the affected villages of Chatrapur and Rengapali and security forces, Dani Batra died due to heavy lathi-charge done by the Odisha Industrial Security Forces(OISF) engaged by the Vedanta Co. He was standing far from the gate as a spectator when security forces  beat mercilessly many people including Dani Batra. Later on he was found inside a pond. His brother-in-law who received dead body after post-mortem was telling that Dani’s hands and other parts of the body were broken.

Suspicious Death of Sujit Minz:The allegation is that the local villagers after death of Dani got angry and went on a rampage and destroyed company furniture. Then the villagers “violent in nature bound Hav Major Sujit Minz in the CCTV control room alone tied his legs and killed him by  setting fire” (as mentioned in FIR given by Ashok Kumar Raul, Inspector of OISF). The team finds his death as “suspicious” because;

1)The CCTV Control panel room is about 100 meters far from the main gate where dead body of Sujit Minz was found by the police. This was confirmed by the Inspector In-charge of Police. Also IIC says the villagers have not destroyed any other place on the way to Control Panel except that place. How a mob could go and tie Sujit Minz and set fire and come back just after a severe lathi charge?

2)The police version is that after post-mortem of dead body of Dani Batra, his family members received the dead body from Lanjigada Hospital and took the body to the Vedanta Gate. But this has not been written in the FIR. Mahendra Bibhar, brother in law of Dani Batra who received body from the police says that all of them came to the village in the night from the hospital and cremated the body on early morning of next day.

3)Two FIRs have already been filed. On Dani Batra’s death though section 320 of IPC has been lodged but no action has yet been taken. But on ‘killing’ of Sujit Minz the Lanjigada police have promptly taken action and have arrested 6 people. The FIR copy says list of suspects as ‘villagers of Chatrapur and others’ but Police have circulated ‘27 names and 300 others’ which the team got from the villagers which shows more arrest would happen in near future. Why is there such discrimination in taking action then?

More Displacement by Vedanta Co: In between Vedanta Company has increased its capacity from 1MTPA to 6MTPA and has occupied land of Rengapali, Borabhattaand also Bandhaguda village for expanding its already made Red Mud Pond. The Co. has not yet displaced all of them though it has paid them compensation. The villagers are facing sever health problem because of dust coming from pond site. Thevillage like Bandhaguda (80 families) was  not in the earlier plan when the Co. started its operation.

Pollution in Lanjigada/Niyamgiri :The Red Mud Pond has already reached footstep of Niyamgiri. This would disturb entire eco-system of this plateau. The government should set up committee to evaluate impact on environment and before Titukurin-like situation happened the government should close down Vedanta factory.

Harassment of British Kumar by Kalahandi SP: British Kumar, a tribal activist and leader of ‘Khandualmali Suraksha Samiti’(Save Khandualmali Organisation) was picked up by Kalahandi police on 22nd December 2018 while he was in Bhawanipatna town. British says he was taken to the SP office. At 8pm the SP came and asked about his association with Niyamagiri and Khandualmali struggle. The SP first threated him, ‘I would fire at you and kill you because you are supporting the Maoists’. British argued that this struggle is part of their rights. ‘Don’t brand it as Maoist.’ Then the SP beat him up inside his office and left with a condition that he would sign daily at Bijepur Police Station. British was going till State Human Rights Commission asked detail about the cases filed against him. It was learned that till that date no such cases had been filed against British Kumar.

Our demands:
 

  • Closing down Vedanta Co.:The Vedanta Co. had its earlier plan in setting up alumina plant at Lanjigada and to mine bauxite from Niyamgiri. When in Gramsabha adivasis rejected its plan of mining in Niyamgiri and when the Supreme Court has already uphold decision of the Gramsabha (2013) then we strongly demand before the state government for closing down of the Alumina plant of Vedanta Co. immediately.
  • No CRPF Camp:The setting up of CRPF camp at Trilochanpur goes against gramsabha resolutions. The government should close its down.
  • Cases should be withdrawn: The government should withdraw all false cases foisted against the tribals.
  • Demanding for Judicial Enquiry:A judicial inquiry should be done on suspicious death of Sujit Minz by the High Court sitting judge and till findings of that committee no such arrest should happen.
  • Basic necessities should be fulfilled:The Adivasi villages have demanded for school, teachers, drinking water and health facility. The government should give respect to these demands and should give priority in providing basic necessities.

We conclude here that the state government has been treating Vedanta Co. as if first citizen of the Odisha. The way brutality of industrial Security forces have been suppressed at Plant site and repression by the paramilitary forces on tribals of Niyamgiri have been increased all these actions go against basic spirit of our democracy. The government should be attentive more towards its own citizens rather than the Multinational company like Vedanta Co.

Name of participating Organisations:

APDR, West Bengal ;  CPDR, Tamilnadu;  AFDR, Punjab
CLC, Telengana;  PUDR, Delhi and GASS, Odisha
Date : 29th April 2019
Bhubaneswar

Courtesy: Counter Current

The post Fact- finding visit to Niyamgiri – Lanjigada area by CDRO and GASS appeared first on SabrangIndia.

]]>
Detailed fact finding report regarding the incident of mob violence in Gurgaon https://sabrangindia.in/detailed-fact-finding-report-regarding-incident-mob-violence-gurgaon/ Mon, 08 Apr 2019 06:15:53 +0000 http://localhost/sabrangv4/2019/04/08/detailed-fact-finding-report-regarding-incident-mob-violence-gurgaon/ The lives of Mohammad Sajid and his family, residents of Bhoop Singh Colony, village Bhondsi, rural Guragaon, took an unexpected turn on the evening of 21st March. It was an otherwise lazy afternoon of Holi which was melting into evening, when Sajid, his sons and some of his relatives who were visiting them on the […]

The post Detailed fact finding report regarding the incident of mob violence in Gurgaon appeared first on SabrangIndia.

]]>
The lives of Mohammad Sajid and his family, residents of Bhoop Singh Colony, village Bhondsi, rural Guragaon, took an unexpected turn on the evening of 21st March. It was an otherwise lazy afternoon of Holi which was melting into evening, when Sajid, his sons and some of his relatives who were visiting them on the day, were playing cricket in an abandoned field right in front of his house. Two young boys, both residents of Naya Gaon, a village nearby, came on a bike and demanded to play with them. The friendly match was in the middle already and people playing it did not want to break it. So they refused them. An altercation followed. As per Sajid communal slurs were hurled at them right away. “Tuhm Mulle log Pakistan jaake cricket kyu nahi khelte”. The two boys from Naya Gaon eventually left. Only to come back with two bikes, and six people each carrying sticks, iron rods and even spears. They were shortly followed by another mob of people who came by foot and were also armed with rods and spears.


picture courtesy midday

The mob barged into their house and with extreme aggression started beating up each and every one inside. A short glimpse of the attack was captured on camera by few of the family members, mostly women who were stranded on the terrace. It is the same video of the incident that later went viral on social media. Some of the attackers realized that they were being video graphed and first tried to break down the terrace door with spears and rods. They were unable to break it down. Sensing trouble as their deeds were being recorded on video, they eventually left. But the attack was much more serious than what that video was able to capture.

The mob surrounded the whole house and continuously threw rocks and stones to break the glass panes. They kept hurling communal abuses. They had beaten up all the members of the family who were downstairs and first floor, including children. They dragged the terrified children out of cupboards and from below the beds where they were hiding and beat them to pulp. As they opened the cupboards, the goons also stole jewellery and cash that they found. Mohd Sajid, Mohd Irshad, Mohd Shadab, Mrs Shakreen, Abid, Shahrukh, Sameena, Dilshad, Nargis, Afifa and Aamir were most badly beaten. In fact the attackers thought they were dead.

The terrified family of Md. Sajid tried to call the police by dialling 100. But they could not get through. Finally, they took the injured people to AIIMS in a private car, while one person left for the police station to call the police.

A team of United Against Hate (UAH) first visited the injured people admitted in Lok Nayak Jai Prakash Narayan Hospital on the 25th March 2019. A couple of days later, when they had been, we went to meet them in their house. The house looked like a hospital in a war zone. There were broken glass panes shattered everywhere and there were also marks of rods and spears on the walls. Windows and doors were broken through which the goons forced their entry. There was an injured person or two in each and every room, in each and every bed of the house.

The ones walking around seemed to be in immense trauma and stress. The fear was palpable on each and every family members house. “The kids cry every day since then. ‘Woh rangwale log phirse aa jayenge abbu. Bhaag chalte hai yaha se”. The attackers who had played holi in the morning and came with sticks and spears in the evening to kill them all, are perpetually etched in the minds of the children. They had broken down every door, except one. They could not break the terrace door, which few women and girls and a young boy held from within, while Danista, another young girl took the video. The marks of forced entry, dent by spears on the terrace door were clear. Still, the goons could not break it. “Allah, stood with us, holding the door. Otherwise it was just few girls on one side and armed goons on a rampage on the other”, Nargis, the young daughter-in-law of Sajid proclaimed.

The local neighbours did not come up to rescue the family, said Sajid. Most of them were not here because it was Holi, the rest saw us being attacked and beaten up from a distance. They were terrified too probably, he infers. In fact Bhoop Singh Colony is not an old neighbourhood. It is a sparsely populated newly developed colony, where mostly migrant workers who work in the sprawling industrial belt of Gurgaon, stay on rent. They are therefore mostly outsiders and fleeting population, where people remain unattached from each other. There is no neighbourly feeling or bonding. The attackers on the other hand, came from Naya Gaon, which is a relatively older settlement and is dominated by the Gujjar community. They are local dominant caste, and incidents of violence by them are common. The neighbours, whoever were there on that fateful day, therefore identified them as the local dominant hooligans and therefore refrained from interfering.
 

The role of the police:
The police has NOT included in the FIR name of the people who were part of the mob that beat up Sajid and his family, though they can be very easily identified from the video that is available on the internet.

Few people were taken into custody as per claims of the police, but even after so many days, no identification parade of the accused has taken place.

Everyone in the police station was very tight lipped and were not willing to talk anything about the case. They said that the commissioner Mr Akeel has given directions that only the police PRO Mr Boken should talk to anybody from outside the department.

A counter case and refusal to give FIR:
A counter case has been filed on the family. After seven days, the accused showcased a boy who according to them was hit on the head by the victim family and got several stiches. Curiously this boy was not mentioned by the accused when media widely covered the attack. The counter FIR is clearly an attempt to balance and intimidate the victims to not pursue the matter legally and settle the case. The copy of this counter FIR has not been provided to the family, despite their demands and also the fact that it is their right. Members of UAH tried to get a copy with the help of some media persons, but even the journalists were NOT able to get a copy of that FIR.

The family held a press conference on the 1st April and talked about intimidation that they were facing and even talked about committing mass suicide.

Gujjar Panchayats have been held in the mean time where strategies to intimidate the family to settle the matter and not pursue it legally.
On our second visit we saw Local MLA, Tejpal Tawar also happened to visit the family.

Mr Tawar said: “dono logon ko sath baitha kar milwa denge”. The tone of people who accompanied him was more of striking a compromise rather than talking about getting the culprits punished. This incident in Gurugram in short reveals once again the manner in which hate and bigotry against Muslims is inciting such incidents of horrifying violence; it also shows the absolute impunity that these communal goons enjoy and the abject surrender of law enforcing agencies in front of such dominant hooligans. If Mohammad Sajid’s family is intimidated into silence or is forced to leave their house, if these goons are not punished despite glaring evidences against them then our democracy and Constitution will register yet another massive jolt to its claimed democratic and secular character.

Fact Finding Team Members:
This Report is by the team members of United Against Hate Comprising Saurabh Misra , Banojyotsna Lahiri, Farrah Shakeb ,Syed Farman Ahmed, Nikita Chaturvedi, Tamanna Pankaj and Shahid Chaudhry who visited the family on 27th March 2019.

Courtesy: Two Circle

The post Detailed fact finding report regarding the incident of mob violence in Gurgaon appeared first on SabrangIndia.

]]>
A Battle Over Common Lands Splinters Dalits in Periyar’s Tamil Nadu https://sabrangindia.in/battle-over-common-lands-splinters-dalits-periyars-tamil-nadu/ Fri, 02 Mar 2018 05:48:13 +0000 http://localhost/sabrangv4/2018/03/02/battle-over-common-lands-splinters-dalits-periyars-tamil-nadu/  What’s Behind the ‘Untouchability Wall’, Read this Fact-Finding Report of the Sandaiyur Wall Dispute   Image Courtesy: The Hindu   Indranagar: As more than a 100 peoples, including the elderly and young chldren languish, abandoned in the foothills of the Western Ghats, the land of Periyar, Tamil Nadu sees no end to the hostilities between […]

The post A Battle Over Common Lands Splinters Dalits in Periyar’s Tamil Nadu appeared first on SabrangIndia.

]]>
 What’s Behind the ‘Untouchability Wall’, Read this Fact-Finding Report of the Sandaiyur Wall Dispute
 
Image Courtesy: The Hindu

 

Indranagar: As more than a 100 peoples, including the elderly and young chldren languish, abandoned in the foothills of the Western Ghats, the land of Periyar, Tamil Nadu sees no end to the hostilities between Dalit groups, one of whom was responsibile for setting up the infamous ‘Untouchability Wall’ to keep out the Arunthathiyars

 
Concerns / Objective of the visit
Concerned, on learning that more than hundred people, including the elderly, women, school going children and infants belonging to the Arunthathiyar community, had left their homes at
Indra Nagar, Sandaiyur village located in Peraiyur Taluk of Madurai district in Tamil Nadu and are staying in temporary shelters set up at foothills of the Western Ghats and in the edge
of the jungle, in protest demanding the demolition of “Wall of Untouchability” built by the Paraiyar community in the village common land, which is under dispute, we, the above listed
persons decided to visit Sandaiyur to understand the issues flowing from this protest / dispute.
 
All the members in the team have been involved in issues of social justice and it is a serious concern to all of us, committed as we are, to the plight of the underprivileged and engaged with
annihilation of the caste. The objective of the visit was to gather facts from the field. As there were multiple reports in circulation through different media, it was important that socially
committed academicians and those without any political affiliations study the situation to understand the conflict and objectively present the fact before the wider public and demand the
state’s speedy intervention.
 
Methodology of Fact Finding
The methodology that the team adopted was to visit the village and conduct interviews and group discussion among the different stakeholders: The team went to Sandaiyur (on February 18, 2018) village to meet people of the both castes and also visited the people who are protesting under the foothills with their families. The team also met the District Collector and other stakeholders.The team raised some critical questions to the stakeholders.
 
When did the whole conflict begin and what is its history?
Why was the wall constructed?
Why the construction of the wall was not stopped by the district administration as well as by the
public then?
What is the position of district administration?
What are the discriminatory practices prevailing in the village between different caste groups? What were the negotiations/peace building efforts taken in the past and why did it fail?
 
This summary report is based on the inputs drawn from the team members individually of their findings.
 
Respondents to the FFT:

  • Arunthathiyar community people protesting under the foot hills
  • Paraiyar community men and women residing in Sandaiyur
  • District Collector, Madurai
  • Inspector – Police station, Peraiyur
  • Revenue Inspector, Sandaiyur
  • Thalayari1

, Sandaiyur
 

  • Mr. Kathir, Executive Director of Evidence
  • Mr. Jakkiayan, Aathi Tamizhar Katchi

 
Profile of Indra Nagar, Sandaiyur
Indra Nagar, is an Adi Dravidar colony in Sandaiyur , wherein SC castes like Paraiyar and Arunthathiyar are residing. Besides, Sandaiyur has other communities belonging to different
OBC castes like Mutharayar, Maniyakarar and Naicker. There are about seventy Arunthathiyar[1] families and twenty Paraiyar families in the village. The Paraiyars reside on one side of the
disputed land and the Arunthathiyar families reside on both the sides of the disputed wall/land and use the passage footpath (12 feet wide) along with the wall. Both the settlements have a
common space for public utilities. The land which is adjacent to the Paraiyar settlement has a Rajakali Amman temple and in the land adjacent to the Arunthathiyar settlement has a
Sakthikali Amman temple[2] as well as an Arulmigu Vinayagar temple. There are also separate and identical community stage/halls for the Paraiyars and the Arunthathiyars in the common
space of the respective communities. The wall, which is still incomplete, encircles the Rajakali Ammman temple.
 
The Arunthathiyar version: “Untouchability” Wall:
The Arunthathiyars’ contention is that the common space in utility of the Paraiyar community is larger. Apart from it, the Paraiyars have constructed a wall around the temple, though not
restricting the access to the Arunthathiyar settlement on the other side of the Rajakali Amman temple, it narrows the pathway.
 
In 2012, the Paraiyar community raised a wire fence around the Rajakali Amman temple, which was removed by the district administration following objections raised by the Aruthathiyar community. This led to clashes between the two communities, which lead to filing of cases by both the communities.
 
Arunthathiyars allege that Paraiyars constructed the wall since Arunthathiyars are into unclean occupation like carrying dead bodies (human and livestock) and accuse them of using the
passage adjacent to the Rajakali Amman temple. In 2015, there was an agreement between both the communities for the construction of the wall in the presence of Zamindar, a Caste
Hindu Naicker. But the Arunthathiyars claim that they signed the document because of threats/liquor inducement/lack of unity.
 
The Arunthathiyars say that after the construction of the wall, the people who come for the Rajakali Amman temple festivals park their vehicles in the common space adjacent to the
Arunththiyar settlement and at in one instance the water sump was damaged. The Arunthathiyar women accuse Paraiyar men of using derogatory language against them after the construction
of the wall. They alleged that these were sexual in nature. Hence, there were several protests and appeal to the district administration to demolish the wall that was constructed by the
Paraiyars.
 
There were also negotiations between two caste groups with the outsider elements. After all their efforts failed the Arunthathiyar approached the Court by filing writ petition with
prayer to demolish the wall. The Madurai High Branch issued direction to district administration ‘to take appropriate action on the representation’ filed by the Arunthathiyars.
The ‘undue delay’ on the part of district administration to execute the Madurai High Court directive, which they alleged that gave enough time for the Paraiyars for getting an interim stay
order from the same court. This forced the Arunthathiyars to protest by leaving their home and live-in the foothills in temporary shelters. Though, case in the court now, they claim that they
“will not relent or return to our home until the ‘untouchability’ wall is brought down”.
 
The Paraiyar version: Temple “Protection” Wall:
The Paraiyar community claims that the wall was not constructed to prohibit the entry of Arunthathiyar to the Rajakali Amman temple and they do not restrict the access of Arunthathiyars to worship the deity at the temple. The fact is the main entrance of the unfinished wall faces the Aruthathiyar settlement.
 
Earlier, both the Paraiyar and Arunthathiyar community people used the facilities commonly, including watching the Panchayat Board Television in the common ground (kalam), which is
adjacent to the Arunthathiyar settlement. Later, when a Vinayagar temple was constructed (the Paraiyars mentioned that the temple was constructed through the Hindu AraNilaya Thurai
when TTV Dinakaran was MP of Periyakulam constituency) in the common place adjacent to Arunthathiyar settlement, the Arunthathiyars were claiming control over that temple.
 
The land, which is adjacent to Rajakali Amman temple, is used by Arunthathiyars as a common pathway. Initially the Paraiyar community agreed to leave two feet of land to be used as passage
then after several negotiations and talks between two communities, 12 feet width passageway was mutually agreed (in the presence of the Zamindar, who belongs to the Naicker caste) for
road construction. (The road has been laid by the district administration.)
 
The Paraiyars claim that both communities reached a written agreement in the year 2015, a wall was erected around the Rajakali Amman temple. They claim that the wall was constructed
in order to prevent misuse; and or further share of the land by the Arunthathiyars.
 
The Paraiyars claim that they do not discriminate Arunthathiyars on any ground and deny the allegation that they have stopped sending their children to the Anganwadi located in the
Arunthathiyar settlement where an Arunthathiyar teacher works. The Paraiyars gave very positive comment about the teacher as she distributes egg and other nutritional supplement to
the Paraiyar children by visiting their home even today. The Paraiyars say that there is strong discrimination against both the Paraiyar and the Arunthathiyars by the Maravars where the
two-tumbler system is in practice till today. Since the Paraiyar are resisting working in the fields and are also against the untouchability practices of Maravars, the Maravars are plotting
enmity between these two SC groups. The Paraiyars believe that the problem was intensified after the construction of the wall and the arguments lead to usage of abusive language between
the two communities. The Paraiyars strongly affirm that the wall around the temple is not an untouchability wall and access into and around the temple is neither restricted nor prevented
for Arunthathiyars.


 
The District Administration version: “Disputed” Wall
The disputed site is a Natham Poromboke land which could be used for public purposes. As a practice, constructions are allowed for any public utilities of the community. It is the district
administration’s responsibility to look into the welfare of everyone. Since the wall at Sandaiyur village was constructed based on mutual agreement of the two SC communities, the district
administration had no role to play at that point. Still, it may be the failure of the then district administration for allowing the construction of the wall.
 
The District Collector has initiated a number of Confidence Building Measures (CBM) between the two communities. He had visited the village and the foothills where the
Arunthathiyars were camped in protest and initiated peace-building measures. The district administration is keenly in touch with both communities which are protesting and revenue
administration is also keeping a close watch on the people. Money has been sanctioned for construction of Anganwadi besides the Rajakali Amman (where disputed wall is), since the
existing Anganwadi is in private land and on rented premises. Though he has powers to take any action, the District Collector and the district administration are seriously taking steps for
the long-term peace-building measures between both the communities since they need to co-exist. The Collector expressed that demolishing the wall neither solves the real problem nor is
it difficult to speak to the people and convince them, but there are some ‘outside elements’ who are influencing the communities for their own political gains. Keeping a watchful eye over the
situation, the district administration has posted police officers both at the disputed temple site and at the foothills where the villagers are protesting and the administration is getting updates
and reports regularly to keep the situation under control.
 
Observations of the FFT Team:
After reading all the documents obtained from both warring communities regarding the ongoing dispute and the peace negotiations between the Paraiyar and Arunthathiyar
communities and also after having interactions with different stakeholders the following are our observations:
 
Arulmigu Vinayagar Temple:
A Vinayagar temple has been constructed by the Arunthathiyars in a common space. The peace talk agreement (held on 21.07.2008) in the presence of Tahsildar shows that there was a law
and order issue over worshipping at the Arulmigu Vinayagar Temple. The content of the agreement details the timings that the temple should be kept open and also specifies that both
the communities should be allowed to worship at the temple in a manner to maintain peace.

The agreement has been signed by representatives from both the communities. It is understood that there has been conflict over claiming control of the Vinayagar temple. At present the
Vinayagar temple is locked and the key is with Arunthathiyar community and the priest who conducts the puja is an Arunthathiyar.
 
We could infer that both the communities have worshipped at the temple previously without any restrictions and constrains. Some of the Paraiyars community inhabitants have fluency over
Telugu language (Arunthathiyars speak Telugu at their home), which is a sign that there were  frequent interactions between both the communities.
 
Dispute over Possession of Control over the Common Lands in both Communities’ Settlement Area:
 
After the series of interviews with various stakeholders it is quite obvious that main contestation is for possession of control over space which had been in common usage over
three generations and it has become a serious phenomenon only in the past ten years.
 
 The Wall is neither “untouchability” nor for “Temple Protection” but could be for Possession of Control Over the common lands available in the settlements;
 There has been dispute over claim and counter claim on the ownership of the common space and allegations and counter allegation of both caste groups at Sandaiyur village.
 Both parties claimed that one did not prevent other for from using the areas but one group claims that the wall limits possession and control;
 Though, both caste groups are structurally located as outcastes but there are disparities in terms of education, employment and landholdings and relative differences in the cultural
practices, which is also a cause of the problem today;
 In the past, both the communities had friendly relationship and exchanging food and meat mutually was a customary practice. Both communities also attended all social functions
like marriage, etc. irrespective of caste differences. This shows that there has been no constraint or restrictions on either side to make use of the common space in the past.
 
Linking the Issue with Macro Caste Politics in TN:
However, the dominance of the Maravar caste and their discrimination against both Arunthathiyars and Paraiyars is strongly prevalent. The Paraiyars have filed (Under Prevention
of Atrocities Act) cases against the Maravars to resist the oppression by the Maravar community at Sandaiyur village. Paraiyars have boycotted work in the fields owned by
Maravars. Maravars still remain feudal landlords in the village. It is understood that the two-tumbler system is still prevalent as a sign of untouchability. But there has been no collective
effort put forth by Arunthathiyars and Paraiyars to resist or retaliate against the Maravars who practice untouchability for ages.
 
From all the above observations it is clear that the caste-based identity politics of the Caste-Hindu groups such as Vanniyars, Kallars and Gounders in different regions of Tamil Nadu has
infiltrated into Dalit politics. The Dravidian parties have always capitalised on the caste votes to be in power. The oppressed communities like Pallars, Paraiyars and Arunthathiyars were
also looked at as mere vote bank by these Dravidian parties and they have consciously negated the importance of Dalit political assertion, which is crucial for annihilation of caste.
 
The progressive political parties, which claim to work for social justice in Tamil Nadu, have hardly made a conscious effort to uniting the various Scheduled Castes or at least prevent antagonism among them. The various Dalit movements/parties/ groups who are trying to consolidate their power against the dominant caste in different parts of Tamil Nadu are continuing the same catastrophic imaginations and are mirroring this same identity politics (of identifying with their specific caste (Pallar, Paraiyar and Arunthathiyar) instead of consolidating and converting it as a larger political force.
 
As an imitation of the dominant caste political parties who propagate their caste pride, legacy, valour and masculinity some of the Dalit political movements have also started reclaiming their caste legacy (Veera Paraiyar, Veera Arunthathiyar). This is also creating hostility among the Dalit sub castes and prohibiting solidarity among Dalits.
 
Further, the scarcity of resources, its attendant contestation for scarce resources including land, living in a feudal set up, shrinking opportunities is resulting in the conflict based on identity
between identities. Macro policies of the government such as demonetisation, inflation, reducing job opportunities due to climate change and drought is also playing over these less
educated or uneducated people, forcing them to locate an “other” for the lost economic opportunities.
 
Suggestions:
1. The district administration should clarify its position to the wider public the reason for undue delay in executing the Madurai High Court’s directive and why it could
not prevent the “outside elements” from injecting caste based venoms in the minds of innocent people for their vested political interests;
 
2. The Fact Finding team is seriously concerned about the plight of the school going children and women; therefore, the state government should not remain a mute spectator and wait for this unpleasant situation to resolve itself. Instead, the state should act immediately to take steps to resolve the issue.
 
3. As both caste groups seek court intervention, they should adhere to whatever its decision of the court on the disputed wall and positive attempts to promote peace between both communities should be undertaken;
 
4. Besides, the state should implement its poll promise of providing two acres of cultivable land of each Aruthathiyars household. In fact, this was promised by the then TN government in 2005/6 that providing two acres land for landless and this would go a long way in alleviating poverty and help such downtrodden communities to come out of oppressive caste practices.
 
5. Today’s economic development centres around the Corporates, which enjoy many concessions from the state in the name Corporate Social Responsibility (CSR). Corporates should be asked to adopt the Aruthathiyars of Indra Nagar, Sandaiyur,for better and fair access to quality education and employment;
 
6. We also appeal to Christian institutions and other private schools and colleges to provide free and fair education to Aruthathiyar children, which is one of the programme envisaged by Dalit Christian Development Programme in 2001/2.
 
7. The NGOs and other organisations working among Dalits in the villages should address these identity issues to build harmony among various Scheduled Castes.
 
 
Composition of Fact-Finding Team:
The fact-finding team was constituted with a conscious effort to have equal representation from both the SC communities and also included two non-SC academicians.
 

  • Ms. Semmalar Selvi, Assistant Professor, Department of Social Work, Loyola College, Chennai
  • Ms. Pazhaniammal, Lawyer and Independent Human Rights Activist, Chennai
  • Dr. Ponnuchamy, Independent Human Rights Activist, Madura
  • Dr. C. Lakshmanan, Associate Professor, Madras Institute of Development Studies,
  • Dr. S. Samuel Asir Raj, Professor and Director i/c, Centre for Study of Social
  • Exclusion & Inclusive Policies (CSSE&IP), Department of Sociology,
  • Manonmaniam Sundaranar University, Tirunelveli
  • Mr. Francis Adaikalam, Assistant Professor, Department of Social Work, Loyola
  • College, Chennai.

 

 

[1] Unlike in the western part of TN, the Thalayari here belong to the Maravar community. In Northern and Kongu regions mostly this position is held by SC, particularly Paraiyar and Arunthathiyar, hence they are called village police and Thoti as well. Because the job requires to do drumming for announcing the government’s messages time to time.
[2] Some of other fact finding report did not mention this temple and two identical community stage/halls in
their respective settlements.
 

The post A Battle Over Common Lands Splinters Dalits in Periyar’s Tamil Nadu appeared first on SabrangIndia.

]]>