Recently a contingent of 23 Dalit and Adivasi forest workers from Lakhimpur Khikri, Sonbhadra and Manikpur arrived in New Delhi to express solidarity with people protesting the Citizenship Amendment Act (CAA). The visiting contingent comprised members of the All India Union of Forest Working People (AIUFWP).

Just like the protests at Shaheen Bagh are predominantly led by women, the movement for forest rights in Uttar Pradesh’s Sonbhadra region has been spearheaded by women. AIUFWP deputy general secretary Roma Malik, as well as senior union members like Sokalo Gond, Rajkumari Bhuiya, Kismatiya Gond and many others met with protesters at Shaheen Bagh, where folk singers from Sonbhadra also sang songs of protest.

Amir Khan, an activist working with the union said, “The Indian state is playing same tactics to exclude or disenfranchise these oppressed groups despite Forest Rights Act 2006, which guaranteed their claim over forest and its resources through Individual and Community Forest claim. These are similar pattern of NRC wherein they have been asked to share their 3 generations documents i.e. 75-year land records to have a claim on their Forest and its resources.”

On Sunday, a group of women protesters from Shaheen Bagh also organized a rally to march to the Ministry of Home Affairs. “After Amit Shah offered to talk to protesters to help the protesters gain better understanding of CAA, the protesting women including ‘dadis’ decided to tell him that they were neither ignorant nor confused about the CAA. They know that it is unconstitutional and want it to be scrapped. In fact, they said they could help Amit Shah understand the Constitution. That is why they wanted to march to the MHA,” said Khan explaining the reason behind yesterday’s rally. But the police prevented the protesters from marching to the MHA. “First, he offers to talk, then he does not come to meet the protesters, and when they try to visit him, the police who reports to him, stop them,” Khan wonders aloud.

Some images from the rally may be viewed here: 

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The protesters at Shaheen Bagh have put forward three key demands:

–        That the un-Constitutional and highly discriminatory CAA be scrapped

–        That all arrested anti-CAA protesters be released immediately and compensation be paid to families of those killed in police firing and crackdowns

–        The Supreme Court hears the petitions against CAA

In wake of back-to-back instances of armed men discharging their weapons on peaceful protesters, first outside Jamia Milia Islamia University (JMIU) and then at Shaheen Bagh, where a majority of the protesters are women, Citizens for Justice and Peace (CJP) and All India Union of Forest Working People (AIUFWP) had come together in solidarity with the peaceful protesters and condemned the attacks on them.

The attacks on the protesters, as well as the inflammatory speeches that incited these attacks, violate several serious sections of the law. Hate speech violates Section 153 (a) (b) (c) and Section 505 of the Indian Penal Code (IPC), as well as Section 295 of the Criminal Procedure Code (CRPC). These speeches and violent attacks also violate Section 307 (attempt to murder) and Section 120-B (Criminal Conspiracy) of the Indian Penal Code.

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The Yogi government recognised 23 Tangia forest villages of Gorakhpur and Maharajganj and four Tangia villages in Gonda as revenue villages. As per a press release by the All India Union for Forest Working People (AIUFWP), the titles were granted to the residents of these villages and the process of conversion of the villages is underway. The tag of revenue villages would enable them access to drinking water, electricity and above all ownership of land.
 

Forests planted, eventually to be cut down!

The Tangia agricultural technique picked up in India in 1920s when the British felt the need for raw materials for industries, businesses and factories in the form of commercial wood that could be used for trade and business. Worried over the fast depleting forests in India, they brought labourers who would dedicate their lives to the growth and maintenance of these forests, but without any land rights. This is seen to be mentioned in the documents pertaining to first Tangia conference held in Nainital. Most of the labourers who were brought to work on these forests were either landless or bonded laborers and presumably from lower castes. In lieu of the wages for planting trees they were allotted an acre of land so that they could take care of their families through the income generated on the lands.

Sal, Sheesham, Sagon, Eucalyptus, and other such commercial plantations were common. Tangia technique was not only meant for the plantation of specific trees that can be used for commercial purposes but also so that other smaller commercial species could be planted and mixed forests could be readied, the British called this silviculture technique. Moreover, trees were also meant to serve as the fodder for cattle, so that heavy prices can be charged on the fodder. This was especially done keeping in mind the communities which are dependent on cattle for their survival. Though this technique was called ‘scientific forestry’, there was hardly anything scientific about it. It merely became a method in pursuit of commercial woods so that businesses could flourish.

To summarise, these forests were planted so that they could eventually be cut. A fate also imposed on the people who were cultivating these forests, namely the Van Tangiya community.
 

Doomed from the beginning: Tangias in UP

In Uttar Pradesh, this technique was implemented in Gorakhpur, Mahrajganj, Gonda, Bahraich, Peelibhit, Saharanpur and other districts. Apart from Tangia, several other names were used to inhabit such forest villages in Haridwar, Dehradun, Rishikesh, Champawat, Khatima, Ramnagar and Nainital. All these come under the Uttarakhand state after it got separated from UP.

By the 60s, there was considerable pressure on forests with the tasks related to commercial activities handed over to the local contractors. These local contractors, in turn, colluded with officials from the forest departments and expedited the processes related to the export and smuggling of commercial wood for buildings, export of other rare herbs and animals. The Tangia workers faced an unprecedented crisis at this juncture. The thefts within and of the forests too started during this period and it was shown/ highlighted that the Tangia community was practically useless now.

By the 1980s, the forest departments completely stopped the basic facilities that it was providing, albeit for the namesake. Though, during the British period it was agreed upon that the responsibility to run primary health and education centres was that of forest departments, the commercialization during the period from 1960s-1980s ensured that van Tangias became irrelevant for forest departments.

Tangias were not even mentioned in government records! The community is not factored in, in population surveys. At some places, Tangia villages have been attached to nearby revenue villages but the government schemes available to revenue villages are not accessible to the Tangia villages. Hence, they are mostly excluded from the Panchayat activities of the revenue villages. Though they have voting rights, but that is purely for political leverage.
 

Conversion of Tangia villages to Revenue villages: Outcome of a long struggle

Even after independence, there are thousands of such Van Tangia villages which are deprived of development. Not just that, they are also disconnected from the electoral processes.

On March 27, 2018, a delegation of forest people from 15 districts of UP had met the Forest Minister Dara Singh Chauhan, UP under the leadership of Saharanpur MLA Sanjay Garg. Sanjay Garg is also the working president of the Union. He has raised issues of Tongia villages, nomadic tribes, Van Gujjars’ issues, issues of Adivasis in the area and issues pertaining to other forest dwellers. In 2010, three villages of district Lakhimpur Khiri that fall in Dudhwa National Park zone area namely Soorma, Golbojhi and Devipur, were granted revenue status by the then BSP government. This has been possible because of the concerted efforts of the Union which has been working in the area for several decades now.

The struggle for getting revenue status for Tangia villages has been a long struggle. It was initially launched by local organisations, Ghad Shetra Majdoor Morcha, Vikalp Social Organization and National Forum of Forest People and Forest workers (now AIUFWP).

A strong recommendation regarding the conversion of 7000 or so Tangia villages to Revenue villages was made to the Joint Parliamentary Committee while the Forest Rights Act (FRA) was being constituted. Tangia villages across the country were not recognised as Revenue villages and were even missing from the map of the country.

It remains to be seen whether such announcements by the UP state government will actually bring a change in the lives of these forest dwelling unique communities. But constant watch by the union and people in the area along with human rights groups consistently raising issues of the community, may bring in accountability measures in the implementation of the revenue status to these villages.

Acknowledgment: This piece was made possible due to the insights provided by AIUFWP secretary Roma in this letter.

First published on https://cjp.org.in/
 

Related:

CJP in Action: Defending Adivasi Human Rights Activists in Courts
Reclaiming land through Peaceful Struggles
Roma: Unbowed, Unbroken, Unbent
AIUFWP urges Sonebhadra DM to investigate harassment of Adivasi women
 

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The villagers from Lilasi village feel that the police are especially agitated after Kismatiya and Sukhdev were released on bail and Sukalo, the fiery leader of forest rights movement in Sonbhadra is about to walk free soon. Now, they are reportedly unleashing their power in an unchecked, unrestrained manner. Once more, they need our support.

Kismatiya and Sukhdev released after months long incarceration
In a major victory, for the All India Union of Forest Workers (AIUFWP) and CJP, the campaign to free Adivasi Human Rights Defenders (HRDs) led to Sukhdev Gond and Kismatiya Gond were released on bail, after spending months incarcerated illegally. Now, even as we await the bail hearing for Sukalo Gond, who serves as Treasurer of the AIUFWP, the news of continued harassment is coming in.

This development came after Sukalo and Kismatiya were produced before the Allahabad High Court on September 7, following a Habeas Corpus petition filed by CJP. Then, the Court had allowed both women to seek ‘judicial remedy’.

The Court had at that time also reprimanded the local police for misleading the court in their affidavit: a police official, a constable had tried to pass himself off as a higher officer. “If you dare to mislead the High Court on a sworn affidavit, we can only imagine the terror that you try and spread locally,” the judges had said, and verbally directed the state government to take action against the officer.

Adivasi leaders picked up in clandestine manner in June
Sukalo Gond, Kismatiya Gond, Sukhdev Gond and two others were arrested on June 8. The police in Sonbhadra, Uttar Pradesh picked them up in a clandestine manner at the Chopan railway station, when they were returning from a meeting with the state forest minister Dara Singh Chauhan, and the forest secretary in Lucknow. In fact, at the meeting, Chauhan had promised to look into previous assaults on villagers in Lilasi that were allegedly conducted in connivance with the forest department. The women’s names were not even mentioned in the FIR.

Sukalo and Kismatiya’s ordeal lasted over three months, with CJP and AIUFWP being compelled to file a Habeas Corpus petition with the Allahabad High Court. Following CJP’s and AIUFWP’s campaign for their release, political parties such as the Congress and the Samajwadi Party had also voiced support for their release on social media and other platforms. Congress President Rahul Gandhi tweeted in August that he was concerned about the women and that local Congress leaders should follow up on the matter. Recently, UP MLA Sanjay Garg met the Chief Minister, Yogi Adityanath and submitted a letter informing him of the constant police violence that Sonbhadra villagers have faced. He also highlighted the issue of “painting the [AIUFWP] union in bad light”.

However, the progress on taking action to protect the villagers remains slow. In fact the villagers from Lilasi are being intimidated even further. The police can’t digest the fact that due to civil society support, their cases were brought to the High Court and has become vindictive towards the villagers, unleashing a reign of terror. We need to strengthen and raise our voices to make the police accountable against these excesses.
 

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Image: https://blogs.timesofindia.indiatimes.com

Saharanpur, Uttar Pradesh (UP) MLA, Sanjay Garg made a submission to the Chief Minister of Uttar Pradesh (UP), Yogi Adityanath on behalf of the Adivasis in Sonbhadra region highlighting the constant persecution of Adivasis, the false and illegal arrests of All India Union of Forest Working People (AIUFWP) leaders Sukalo, Kismatiya Gond and others and the subsequent witch hunt and targeting of the union.

Background of the letter submission
Kismatiya Gond (Secretary, Forest Rights Committee), Sukalo Gond (Treasurer of AIUFWP) and Sukhdev Gond were picked up in a clandestine manner from Chopan railway station by the Sonbhadra police on June 8, 2018. They were arrested just as they were returning after a meeting with the state forest minister, Dara Singh Chauhan and the Forest Secretary in Lucknow in which the minister had assured that he would look into the matter of previous police assaults on Lilasi villagers in connivance with the Forest Department.

Previously, the UP police picked up and detained Adivasis from Lilasi and made them go through harrowing procedures for about a day, on May 18. Later, on May 22, they entered the village, completely unwarranted and assaulted women and children, in which Kismatiya Gond had sustained severe injuries. Sukalo was constantly highlighting how the village was turned into a police camp. Bulk FIRs were filed against the villagers on the pretext of an “afforestation project,” the details of which wasn’t known to anybody!

CJP’s campaign and responses from political parties
Following CJP’s and AIUFWP’s campaign for their release and our Habeas Corpus petition filed in Allahabad HC, recently, even political parties such as Congress and Samajwadi Party have raised their voices for their release on social media and other platforms, with Congress President Rahul Gandhi tweeting that he feels concerned about both the women and that the local Congress ministers should follow up on this.

Soon after, a Counter Affidavit was filed by the Sonbhadra Police, on August 14, in which they alleged that both the women are ‘wanted’ in criminal cases, shockingly after two months of their illegal arrests.

However, in the last hearing of the Habeas Corpus petition Allahabad HC directed the SP Sonbhadra to produce Adivasi Human Rights Defenders, Sukalo and Kismatiya Gond in Court on September 7.

New letter argues role of Union, its importance
The recent letter submitted by Sanjay Garg highlights the plight of Adivasis in the region and focuses on the important work being done by the AIUFWP in the region and counters all claims to tarnish its image.

The letter says, the important issue of the rights of Adivasis, which should have been taken into cognisance by officials of the highest level, have been left to the whims and fancies of a “Van Daroga” and some police officials.

Vijendra Kumar, the Van Daroga had filed a case 28/ 2018 which had big loopholes and should have been ideally investigated by District Magistrate or SDM to ascertain the facts as they are the Authorities empowered to do so, and responsible for the implementation of the FRA according to the Act of 2007. However, instead of any such responsible intervention (and investigation) of the authorities required under the Act, the matter was left to police and forest department who are the vested interests identified by the 2007 law for their anti-Adivasi stances.

The letter highlighted that in this entire episode of the harassment and exploitation of the Adivasis of Sonbhadra, the most shocking issue is that apart from the three arrests, there have been two more arrests, namely that of the Pradhan (Chief) of Gram Murta, namely Chandrika Gond and Gram Raspahri’s Krupa Shankar Panika, who is also the candidate of Obra legislative assembly’s Swaraj Abhiyan.

Witch hunt of Union leaders
The letter brings to attention the serious issue of the witch hunt of AIUFWP’s General Secretary Roma and union member Ashok Chaudhary and the demonising of the union and its activities.

“This kind of painting of a union in a bad light, despite its commendable work in grave and harsh situations, is a “criminal offence”. We also like to draw your attention to the fact that Roma and Ashok Chaudhary, who are the union members and have been named in the FIRs, are actually not related with the incidents in any way,” the letter said. Infact, all they are doing is “educating the Adivasis about their rights.”

It questioned that if Adivasis in the area don’t unionize themselves, how will they be able to negotiate for their rights. It also said that the right to unionize is a constitutional right.

The submission drew attention to the fact that Roma and Ashok Chaudhary, both post holders of the AIUFWP are seasoned social activists and have also represented various committees of the government and the state.

Further, that Roma was a special member of the joint review committee constituted by the Environment Ministry and Tribal Ministry of the central government in 2010, to ensure the correct implementation of the Forest Rights Act, 2005. And between 2009 till 2012 she was also the special invited member of the special committee formed as per the FRA for the state of UP, to keep a vigil on the implementation of the Act.

Not only this, both of them have represented the cause of Adivasis and the status of their rights, including implementation of FRA on many national and international forums.

Adding that “the AIUFWP is neither communal, nor casteist,” the letter said that the union is committed to a harmonious and peaceful co-existence of various socially marginalised groups, such as the working class Dalits, Adivasis and women.

The letter highlighted the expansive work of the union and mentioned the fact that not only Kaimur, but the union has a presence in more than 17 states of the country. In fact it played a crucial role in the conceptualisation of the FRA. “Then why does it always happen that when a social organisation raises the questions of the rights of Adivasis, attempts are made to harass those associated with it?” it questioned.

Issue of false cases in Sonbhadra, UP
Highlighting the grave issue of 200-600 named and unnamed people mentioned in the FIR in question, the letter added that the issue of implication of Adivasis in fake cases by both, Forest department and the police  is rampant in the Kaimur area. In fact, it said that the union even conducted a public meeting in 2011 and study in which there was a startling revelation that merely in Sonbhadra area there were more than 10000 false cases on Adivasis. More seriously, as many as 80% of those implicated in these false cases were Adivasi women.

Hence, instead of claiming their forest rights and being able to live a life of dignity, all the Adivasis are entangled in, are these false cases, making multiple rounds of courts and police station. Now the exploitation has reached its peak. Several reports by various government and non- governmental agencies, one being central SC/ST Commission’s 29th report which, recognising the land disputes prevalent in Sonbhadra gave several recommendations.

Demands in the letter
The people of Sonbhadra, through this letter, demanded :
 

1. There should be a comprehensive inquiry into the status of forest land in the village Lilasi and the land captured by illegal means by alleged goons should be surveyed/ found out. The entire matter should be investigated by CBCID or any other responsible agency.
2. There should be an investigation into the illegal arrests of Adivasi leaders namely Sukalo Gond, Kismatiya Gonda, Krupashankar Panika and Sukhdev Gond, whose names dont even appear in the FIR. The concerned officials should be punished and the victims should be compensated for the harassment meted out to them.
3. Strict action should be taken against those officers taking the correct course of law and order into their hands and sending Adivasis to jails on false cases without conducting proper investigation.
4. False FIR on villagers and AIUFWP union members should be immediately quashed and responsible officials should be punished as per FRA Section 7 and SC/ST Act Section 3(1)(G) and FIR should be lodged against them.
5. Adivasis should be allocated land as per the community resource rights claims that they filed on March 23.

 
Related
Allahabad HC directs UP Police to produce Sukalo and Kismatiya in court
Sonebhadra’s daughter Sukalo
URGENT ALERT: Adivasi Forest Movement leader Sukalo arrested
CJP and AIUFWP move Allahabad High Court to release illegally detained Adivasis
Free Sukalo, Kismatiya NOW!

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New Delhi, August 18 : NAPM condemns the systematic targeting and repression unleashed by the state of Uttar Pradesh on the Adivasis and other forest dwelling communities in Sonbhadra, Uttar Pradesh associated with the All India Union of Forest Working People (AIUFWP). On 22nd of May, 2018 villagers from Lilasi, largely from tribal communities, were attacked and harassed by policemen, when they went to stake claim to community forest rights. Twelve people were arrested, including ten women; FIR was also filed against 24 people including General Secretary and Deputy General Secretary of AIUFWP over false charges manufactured by the Forest Department and Uttar Pradesh Police. The twelve arrested were released on bail back then, despite them not having committed a crime. The police attacked and forged cases against them over false allegations of felling trees illegally, inciting violence against public servants and criminal conspiracy.

However, on 8th June 2018, AIUFWP activists Sukalo Gond, Kismatiya Gond and Sukhdev Gond were unlawfully arrested on their way back from Lucknow. They had gone to meet the Forest Minister- Mr. Dara Singh Chauhan, Forest Secretary- Mr. Sanjay Singh and other officials to lodge complaints against the police brutalities and the Forest Officials who had falsely accused them. They were forcefully picked up from Chopan railway station and were held for over 24 hours, during which the activists were not allowed to contact anyone for help. They are still being held in jail, even though in the ongoing hearing in the High Court, on a Habeas Corpus appeal, State at one time claimed that they were never arrested. There is no clarity on their arrest and the UP State is only playing delay tactics. 

The State and the police forces have acted in an unconstitutional manner and continues to target Adivasi communities, so that they can be driven out of their lands. These series of arrests and harassment against Adivasi women is a retaliation of the State against its people who have been struggling to gain their rights under the Forest Rights Act, 2006. Despite the law, the State refuses to acknowledge their rights and has systematically targeted Adivasi women time and again, assuming them to be soft targets. This is extremely condemnable and the those responsible for the violence and state repression deserve strict action and punishment for manhandling women and minor girls as well as senior citizens.

Several formal complaints have been lodged with multiple State authorities, but the police continue to visit the villages, and threaten and harass them. These tactics are similar to the other Adivasi inhabited regions and is a ploy to stop Adivasi communities from claiming their land rights legally. Land is a contentious issue in most tribal areas, where they are being forcefully acquired by the State for various corporate projects and the lives of thousands of Adivasis are being put in jeopardy. The State has not only taken any responsibility of its citizens but also refuses to protect them.

However, in the most shocking development, an arrest warrant, dt July 23^rd, has now been issued against All India Union of Forest Working Peoples’ leader, Com. Ashok Choudhary. He has been booked under section 147, 148, 149, 307, 323, 504, 332, 333, 336, 353, 427, 120-B of Indian Penal Code 1860 and 3/5 of 7 CLA Act 1932 and 5/26 of Indian Forests Act 1927. 
These are clearly an intimidation tactics, since the support for the movement poured from Rahul Gandhi, Congress President and Akhilesh Yadav of Samajwadi Party, who showed solidarity with the jailed Adivasi women and their struggle through their messages. The Uttar Pradesh government now seems to have gone into full drive to arrest key leaders of the movement. It is a highly condemnable act and only shows the desperation and fear of the state and the central authorities while engaging with people who are aware of their rights.

We, condemn the unlawful manner in which the Uttar Pradesh government is targeting senior and ground level activists of the AIUFWP. We stand with the tribal communities battling for their rights under the FRA 2006, and stand with the Union’s leaders, and demand that the Uttar Pradesh government immediately withdraw the false cases lodged against the tribals and other activists.

Medha Patkar, Narmada Bachao Andolan (NBA) and National Alliance of People’s Movements (NAPM)
Aruna Roy, Nikhil Dey and Shankar Singh, Mazdoor Kisan Shakti Sangathan (MKSS), National Campaign for People’s Right to Information, NAPM
Vilayodi Venugopal, CR Neelakandan, Prof. Kusumam Joseph, Sharath Chelloor, John Peruvanthanam, V D Majeendran, Purushan Eloor, Suresh George, NAPM, Kerala
Prafulla Samantara, Lok Shakti Abhiyan; Lingraj Azad, Samajwadi Jan Parishad & Niyamgiri Suraksha Samiti, NAPM Odisha 
Dr. Sunilam, Adv. Aradhna Bhargava, Kisan Sangharsh Samiti,NAPM, Madhya Pradesh
P.Chennaiah, Andhra Pradesh VyavasayaVruthidarula Union-APVVU, Ramakrishnam Raju, United Forum for RTI and NAPM, Meera Sanghamitra, Rajesh Serupally, NAPM Telangana – Andhra Pradesh
Dr Binayak Sen, Peoples’ Union for Civil Liberties (PUCL); Gautam Bandopadhyay, Nadi Ghati Morcha; KaladasDahariya, RELAA, NAPM Chhattisgarh
Kavita Srivastava, People’s Union for Civil Liberties (PUCL); Kailash Meena, NAPM Rajasthan 
Sandeep Pandey, Socialist Party;Richa Singh, Sangatin;Arundhati Dhuru, Manesh Gupta, Suresh Rathaur, Mahendra, NAPM, Uttar Pradesh 
Gabriele Dietrich, Penn UrimayIyakkam, Madurai;Geetha Ramakrishnan, Unorganised Sector Workers Federation; Arul Doss, NAPM Tamilnadu 
Sister Celia, Domestic Workers Union; Maj Gen (Retd) S.G.Vombatkere,NAPM, Karnataka 
Anand Mazgaonkar, Swati Desai, Krishnakant, Paryavaran Suraksha Samiti, NAPM Gujarat 
Vimal Bhai, Matu Jan sangathan; Jabar Singh, NAPM, Uttarakhand 
Basant Kumar Hetamsaria and Ashok Verma, NAPM Jharkhand; Dayamani Barla, Aadivasi-MoolnivasiAstivtva Raksha Samiti
Samar Bagchi, Amitava Mitra, NAPM West Bengal
Suniti SR, Suhas Kolhekar, Prasad Bagwe, &Bilal Khan, Ghar Bachao Ghar Banao Andolan, Mumbai NAPMMaharashtra 
Anjali Bharadwaj, National Campaign for People’s Right to Information (NCPRI), NAPM
Faisal Khan, KhudaiKhidmatgar; J S Walia, NAPM Haryana
Guruwant Singh, NAPM Punjab
Kamayani Swami, Ashish Ranjan, Jan Jagran Shakti Sangathan; Mahendra Yadav, Kosi Navnirman Manch; Sister Dorothy, Ujjawal Chaubey, NAPM Bihar
Bhupender Singh Rawat, Jan SangharshVahini; Sunita Rani, Domestic Workers Union;Rajendra Ravi, Nanhu Prasad, Madhuresh Kumar, Amit Kumar, Himshi Singh, Uma, NAPM, Delhi
 

The post False Cases and Incarceration of AIUFWP Leadership Condemned appeared first on SabrangIndia.

 
It was the second hearing of the Habeas Corpus Petition filed for the release of Forest rights movement leader Sukalo Gond and Forest Rights Committee (FRC) secretary Kismatiya Gond from illegal incarceration, and both couldn’t be traced and weren’t produced in the court either.
 
In a startling ‘disclosure,’ the Uttar Pradesh (UP) state government said that on July 9, the two women were supposedly given a ‘challan’ for a Section 151 offence by the police and released soon after. It appears that at first the government made efforts to get the hearing postponed but when the lawyers for the petitioners expressed their concern for the life and safety of the two women, it finally made the shocking disclosure ‘On Oral Instructions.’ The lawyers have reported that no details for the 151 challan were provided, nor the details of their ostensible release shared. Advocate Farman Naqvi, appearing for both the women demanded, “We need this to be put on an affidavit” as they are not traceable for over a month after their clandestine arrests on June 8.
 
Section 151 is a common enough ‘offence’ put on peaceful protesters. It relates to the ‘continued assembly of five or more persons after ‘orders’ for their dispersal have been given.
 
CJP, with the All India Union of Forest Working Peoples (AIUFWP,) had moved the Allahabad High Court seeking the immediate production and release of the illegally detained Adivasi women leaders, Sukalo Gond and Kismatiya Gond. Sukalo Gond (Treasurer of AIUFWP) and Kismatiya Gond (Secretary, Forest Rights Committee), were arrested in a clandestine manner from Chopan station, Sonbhadra, UP just as they were returning after a meeting with the state forest minister, Dara Singh Chauhan and the Forest Secretary in Lucknow on June 8.
 
CJP has been closely following how Adivasi women of Sonbhadra, UP, who are a part of a peaceful struggle for land rights, are being systematically bullied and harassed. Many of them have fake cases filed against them on false or trumped up charges. CJP stands with the AIUFWP in their demand for the immediate implementation of the Forest Rights Act, 2006.

Support these brave women, who are determined to get their rights despite hailing from oppressed, vulnerable and marginalised communities, by donating here.

The full petition can be read here.
 
This is not the first time that Sukalo Gond has been arrested. In June 2015, when the Forest rights movement was gaining momentum in Sonbhadra, the state had resorted to violence to crush the peaceful protest of people against the Kanhar dam in a brutal and bloodied manner. Sukalo had that time recalled, “18 rounds were fired right in front of my eyes. It was terrible. They arrested almost all the women leaders including Rajkumari immediately.” She added, “I had no option but to run away, they were arresting everybody.”

Sukalo was arrested in the wee hours of June 30, 2015, along with Roma and sent to Mirzapur jail. However, this couldn’t break this courageous leader. She continued her struggle within the four walls of the prison. She, along with other inmates, wrote multiple letters to authorities and sat for hunger strikes to demand basic facilities as well as land rights outside.

More recently, Sukalo was particularly perplexed about how the state was treating the Adivasis in Lilasi village. First, the UP police picked up and detained Adivasis from Lilasi and made them go through harrowing procedures for about a day, on May 18. Later, on May 22, they entered the village, completely unwarranted and assaulted women and children, in which Kismatiya Gond had sustained severe injuries. Sukalo was constantly highlighting how the village was turned into a police camp. Bulk FIRs were filed against the villagers on the pretext of an “afforestation project,” the details of which wasn’t known to anybody! Even though Sukalo wasn’t present during the episodes of assaults by the police, and her name was nowhere mentioned in the FIRs, she was arrested from Chopan station on June 6 in and clandestine manner, ironically, when Kismatiya and her were returning after meeting the state forest minister, Dara Singh. Dara Singh had assured them to look into the matter seriously.

Sukalo was the link between these villagers and others outside the area trying to help. These villages are located in the far-off interiors and not even well connected by roads. Mobile phones are scarce. Arresting her is a clear method to intimidate these fierce Adivasi women so that they stop speaking up.

Lately, the repressive measures of the government have been especially stepped up. This, activists believe, has been in the background of increasing awareness on forest rights in communities across UP. On March 23, community resources rights claims were filed by the Adivasis. Similarly, on June 29, more than a thousand Adivasis from eight Gram Sabhas in Chandauli district of UP filed community resources rights claims to forest land under the FRA, 2006.

On AIUFWP and CJP’s intervention, the NHRC had issued notifications to the DM of Sonbhadra to look into the violent onslaught of UP police and forest department.  However, the feudal nexus of the Government, the forest department and big landholders is carrying on its oppressive onslaught with impunity.

In such grim circumstances, it becomes especially important for all democratic rights voices to ask, where are our leaders Sukalo and Kismatiya? The fierce women who are leading the forest rights movement in UP from the front!
 

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New Delhi: National Alliance of People’s Movements (NAPM) and Bhumi Adhikar Andolan (BAA) organised a conference on Monday at Gandhi Peace Foundation to uncover and challenge the regressive and anti-people amendments being made to land, forest, environment and other laws infringing on people’s sovereignty and rights.
 
“Since the passage of the Right to Fair Compensation, Transparency in Acquisition, Resettlement and Rehabilitation Act, 2013 (also known as land law 2013), several attempts have been made to amend, dilute or negate the provisions which work in the favour of project affected people, protect the rights of the farmers and workers. One of the first things which NDA government did after coming to power was to bring out an Ordinance to amend the 2013 land law, which didn’t become a law primarily because of intense opposition by the people’s movements, farmers and workers organisations, and the political parties. However, the defeat at the central level has led to a shift in their strategy. The BJP ruled states got on to amending the central law and thereby incorporating all the changes which Ordinance was proposing to make. On that basis, Gujarat, Andhra Pradesh, Rajasthan and some other states have made those changes. In addition, the State rules have also tried to undermine some of the positive provisions of consent, options assessment, social impact assessment, compensation and R&R provisions, return of land to original owners, protecting land rights and so on,” the invite by the groups said.
 
The demand for land and land acquisition has become essential to many of the grand infrastructure projects like Industrial Corridors, Sagarmala, Bharatmala, Smart cities, Bullet trains etc, planned by many of the state governments. This has meant changes in the land laws, environmental laws, mining laws, forest right act, labour laws and so on. All this has also close links to the reforms being carried out in order to improve the ease of doing business rankings and the expected foreign investments from international financial institutions and other sources. These retrograde and anti-people reforms are facilitating assault and harassment on farmers, workers, activists, journalists and overall on the nation’s sovereignty itself. The lack of political will and the insecurity of the State is more than evident in the non-implementation of the Forest Rights Act 2006, through bureaucratic delays and denial of claims on frivolous grounds in states like Gujarat, Maharashtra, Jharkhand and the hill states of Himachal and Uttarakhand.
 
“The recent increase in violence and police firing leading to the death of more than 12 people in Tuticorin, six people in Mandsaur, six people in Hazaribagh few years ago, arrests of hundreds of Adivasis, rights and environmental activists, criminalisation of the land rights and Pathalgarhi movements, they all point to the desperation of the capital to illegally facilitate plunder and loot of people and natural resources,” the invite stated.
 
The day-long meeting has been organised to understand these changes and then strategise to challenge this.

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On June 8, 2018 Adivasi Human Rights Defenders Sukalo Gond (Treasurer of AIUFWP) and Kismatiya Gond (Secretary, Forest Rights Committee) were picked up in a clandestine manner from Chopan station, Sonebhadra, UP just as they were returning after a meeting with the state forest minister, Dara Singh Chauhan and Forest Secretary in Lucknow. Their names were not mentioned in any FIR and at present, they are being detained illegally by the police. Even after the lapse of 20 days, they have not been produced before any court! This is a blatant violation of the law as a person must be produced before the court within 24 hours of arrest.

CJP and our partner All India Union of Forest Working People (AIUFWP) have been monitoring the situation closely. We have discovered that Adivasis in this region have been facing repeated institutional violence whenever they try to reclaim their land under provisions of the Forest Rights Act 2006. Many leaders of the movement, including women, have been arrested and detained, usually under false charges and in fabricated cases.

On June 27 we, CJP and AIUFWP, moved the Allahabad High Court for the immediate release of both Sukalo and Kismatiya. Concerned about the life and safety of both women, we had filed a Habeas Corpus petition. On June 29, 2018, a two member bench of the Allahabad High Court issued a notice to the respondents in the case that include the State of UP (through the Principal Secretary, Home), Sonebhadra Superintendent of Police (SP) and District Management (DM) and Station House Officer, Muirpur Police Station. The court has now demanded an explanation for the detention from the SP and the DM. The court has also directed that both Sukalo and Kismatiya be produced before it at the next hearing on July 9.

Our entire petition to the Allahabad HC may be read here:
 
The Allahabad HC order of June 29 may be read here:
 
Earlier we had also helped them bring to light their plight before the National Human Rights Commission (NHRC) in two letters dated May 30 and June 14, and later in a meeting with the NHRC Chairman. The appointment between NHRC and AIUFWP was made possible by CJP Secretary Teesta Setalvad’s intervention. The NHRC subsequently directed the District Magistrate (DM) to submit a report within three weeks. The NHRC’s order may be read here:
 
Continued Institutional Violence
Many Adivasis in Sonebhadra have faced institutional oppression in the form of false cases being foisted on them. In May 2018, the Muirpur police picked up around twelve villagers, ten of whom were women forest rights workers. It was alleged by the Station Officer (SO) PS Satyaprakash Singh that the people were involved in chopping trees that were a part of an afforestation project.

When the CJP team enquired about the details of the project, the police failed to provide any details. CJP team consistently called various authorities and kept track of the developments. After a day long ordeal, and not before the Adivasis were intimidated significantly, they were finally let off at Dudhi, about 30 kilometers away from their village Lilasi and had to cover the distance back home, barefoot.

However, incidents took a more serious turn when Uttar Pradesh police entered the Lilasi village just five days later and started forcefully entering the huts of Adivasis. Most women at this time were engaged in their household chores, some even feeding their new-born children. All this based on the false allegation that they had ‘cut trees and destroyed the forest’.

Next steps
CJP and AIUFWP are working to get all these false cases quashed so that people who are fighting for their rights as guaranteed by the law of the land may live in peace and with dignity.

First Published on https://cjp.org.in/
 

Also read:

Sonebhadra’s Daughter Sukalo
Adivasi Forest Rights Movement Leader Sukalo Arrested
AIUFWP urges Sonebhadra DM to investigate harassment of Adivasi women
NHRC intervenes, assures action
CJP in Action: Defending Adivasi Human Rights Activists in Courts
Reclaiming land through Peaceful Struggles
Roma: Unbowed, Unbroken, Unbent
 

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This thana is at a distance of 20 kilometers from Dudhi, which in turn is 30 kilometers away from Lilasi, the village from where they were picked up! CJP secretary, Ms. Teesta Setalvad, who was also a participant at the workshop, addressing a key session on Constitutional Rights, Forest Rights (the Law For and Against Empowerment of Adivasis) along with Roma, general secretary of the AIUFWP. They immediately then contacted CJP team about these arrests.

Rest of the story may be read here.

Latest Update
On May 22, around 9.30 am, again, CJP received a call from Sukalo informing us that police had entered Lilasi village again and was assaulting the villagers. When the CJP team spoke to one of the villagers, Sukhdev, who was assaulted, he informed us that 3 vehicles of Police forces had arrived at the village and started intimidating the villagers and even entered their huts. After this, in the villagers’ words, the police went on a rampage and assaulted about 15-16 women which included two girls aged ten and fifteen years. The police forces had sticks as well as guns and even intimidated villagers with a revolver. They were constantly asking them, “Are you the owners of the forest that you were cleaning it?”

Despite assurances from the Secretary of the Forest Department, Mr. Sanjay Singh, the police forces returned to the village at aroun 2.30 pm and continuing intimidating the residents. CJP team is trying to contact the Secretary of Forest Department to request him to stop the unwarranted actions and assaults immediately. Today a heavy platoon of the police has been posted in the area.

Context behind these sudden arrests
Days before the arrests by the police, the Pradhan (the Village Head) of the village, who also belongs to the ‘Baniya’ caste group (an economically powerful section of village society) had been regularly visiting the  huts of these Adivasis, goading them to sign some papers. For some months before, since these villagers had worked on NREGA projects for over two years –for which they hadn’t received their wages– this Pradhan mislead them into believing that if their signed these documents they would receive wages due to them. The villagers, who are largely illiterate, signed the papers. Only after the subsequent arrests –and utterly baseless allegations made by the police —they now realise that the documents they signed were not to accrue long pending NREGA  wages as they were mislead into believing –but something else. They do not yet have a clue as to what papers they have put their signatures on.

Related Articles:
Dalit leader Shobha demands action against Ilegal Detention of her Minor Son 
Reclaiming Land through Peaceful Struggles
 
 

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