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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In a significant breakthrough in CJP and All India Union of Forest Working People (AIUFWP)’s campaign to release Adivasi Human Rights Defenders Sukalo and Kismatiya Gond, the Allahabad High Court has allowed both women to seek ‘judicial remedy’. AIUFWP Treasurer Sukalo and Forest Rights Committee (FRC) Secretary Kismatiya Gond, were produced before the court on September 7 due to a Habeas Corpus petition filed by us.

Both women had been languishing in prison for over nearly three months under false charges and even though they were not released immediately, they can now apply for bail. “As these two women leaders are in Judicial Custody, they can seek remedy [for their release] as per the law applicable for Habeas Corpus petition,” said Adv. Farman Naqvi, appearing for the petitioners, Sukalo and Kismatiya.

The Court recorded their statements and asked relevant questions to both of them. The local police was severely upbraided 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 remarked directing orally that the state government take action against the officer.

The court asked Sukalo and Kismatiya about the time period of their purportedly illegal arrest, to which both of them replied that they had been incarcerated for about three months. The Court also asked them if they had been produced before a magistrate, as mandated by Section 167 of CrPC. Both the women said that they had been “taken somewhere” but they could not affirm if it was a magistrate in the absence of a legal counsel accompanying them. The Court also asked them whether they were ‘properly treated’ during their period of incarceration, and whether they were subject to torture etc. Both of them replied saying they were not treated in a problematic manner and they were given food etc. regularly.

Adv. Farman Naqvi also sought permission from the Court if the Adivasi forest leaders could meet their families, to which the Court agreed and said that they could meet them for as long as they deem satisfactory. The families, then reportedly said that Sukalo and Kismatiya looked fine. Though Kismatiya looked a bit distraught, this kind of incarceration being her first experience, Sukalo seemed a little better.

You can view Sukalo and Kismatiya’s story here:

This is a shot in the arm in our campaign for justice and accountability, especially since the women remained untraceable for a long while. However, owing to the Court’s intervention, the UP police was compelled to produce them before the Court. The families meeting their beloved family members after three months of struggle was an emotional moment.

Brief background of the case

Sukalo Gond and Kismatiya Gond, along with Sukhdev Gond and two others were arrested on Friday, June 8. The Sonbhadra (UP) police picked them up in a clandestine manner at the Chopan railway station, when they were returning from a meeting with UP 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’s and Kismatiya’s ordeal has lasted more than two months. CJP and AIUFWP were 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 have 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. On August 28, the Allahabad High Court haddirected the SP of Sonbhadra police to produce both of them in Court today, September 7. 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”.

This order from the Allahabad High Court will set in motion the process of their release. The next step is their bail applications in lower court and hopes to get immediate relief.

Related:

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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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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