“The day he died we went to buy school dress, pencils and everything else for the other children. He was getting fever for some days. I took him to a local hospital [near Majhauli], they said that his blood count is low and asked me to take him somewhere else. In Dudhi too, the doctors expressed their inability to treat him and asked my son to be taken elsewhere. I then went home to get some money because I had no idea how much it will cost.

My son said, Ma ask didi to cook something, it won’t be nice to eat from anywhere else in the night. Then we went to the Hindalcohospital and they took him in. He was admitted for several hours before a doctor even examined him. They kept delaying his treatment. The doctor who would come for the night shift would say that the blood transfer would take place in the morning. The next morning, by 8 am, when the shift was about to change they didn’t do anything. They didn’t even give him any medicines. Then my son started feeling more uncomfortable, asking for our relatives from the village to be be called, they took time. He told me, either you are lying or there is some problem. I tried to assure him but his condition kept worsening,”
Sokalo Gond, Sonbhadra UP

Forest rights leader and human rights defender SokaloGond has made an appeal to align protests opposing the Supreme Court order on eviction and government’s anti-forest rights stand with that of the martyrdom of her 13 year old son who died in a Hindalco hospital in Sonbhadra, UP five years back, due to alleged careless and lack of care.

In 2013, MithileshGond, SokaloGond’s died in Hindalco hospital located in Renukoot, Uttar Pradesh (UP) because of the reported carelessness of the doctors there. Mithilesh was in desperate need of blood but even after twelve hours of being in the hospital and despite the urgency of the situation, the then CMO there, Dr.PramodYadav didn’t give blood to the 13 year old boy. An investigation into this matter led to the conclusion that there was indeed carelessness in the manner the case was dealt with. However, no action was taken against the callous doctors. This is a regular phenomenon in the hospital especially with the poor labourers and Adivasis in the nearby areas, who have no option but to knock at the doors of this hospital for the treatment. When a struggle was waged against this by the All India Union for Forest Working People (AIUFWP), the leading faces of the struggle were charged with false cases under serious charges.

Even today, the struggle for a decent healthcare so that young children like Mithilesh don’t meet the same fate is going on. The forest dwellers, mainly Adivasis and Dalits have to travel far and wide in order to avail even the most basic healthcare services. Even they make it to these public health centres (PHCs) or government hospitals, they are met with apathy and indifference. They are repeatedly fooled for money, as well. The struggle for a decent life of dignity with bare minimal healthcare facilities is real. Every year, Mithilesh’sShahadatDiwas(Martyrdom day) is celebrated on the 600 acres of Birsa Nagar land that was claimed under the community forest rights.

This year too, his Shahadatdiwas will be celebrated on the same land in Majhauli, Dudhi in UP’s Sonbhadra.
 
https://cjp.org.in/forest-rights-organisations-urge-goi-to-defend-fra-2006/
 

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Adivasi leader Sokalo Gond has been released on bail today, in what is a major victory for CJP’s and AIUFWP’s campaign to free Adivasi human rights defenders who have been incarcerated in the course of their struggle for forest rights. We are positive that this will boost our campaign to aid the ongoing fight for forest rights.

Sokalo Gond, executive committee member of the All-India Union of Forest Working People (AIUFWP) has finally been released on bail, ending a months-long ordeal that began on June 8, 2018, when she, along with Kismatiya Gond, Sukhdev Gond and two others were clandestinely picked up by the police at the Chopan railway station in Sonbhadra, Uttar Pradesh. They were returning from meeting Uttar Pradesh forest minister Dara Singh Chauhan and the state forest secretary. In fact, Chauhan had promised in their meeting that he would look into violence, allegedly in connivance with the forest department, perpetrated on those residing in Lilasi village, Sonbhadra. CJP and AIUFWP filed a Habeas Corpus petition in the case.
 

CJP has been closely following how Adivasi women of Sonbhadra are being systematically bullied and harassed. Many of them face fake cases filed on false or trumped up charges. We are fighting for the human rights defenders in court, and also intervening in everyday episodes of institutional violence in the area. Please donate generously to support these efforts.

CJP’s and AIUFWP’s efforts for the release of Sokalo and the other forest rights activists even drew the attention of political parties such as the Congress and Samajwadi Party, who voiced support for their release on social media and other platforms. In August, Congress President Rahul Gandhi tweeted that he was concerned about the women, and urged local Congress leaders to follow up on the matter. Kismatiya and Sukhdev were eventually released in late September, and Sokalo was granted bail in early October, but still had to wait nearly a month for her release due to procedural delays.

Nanak Gond and others accompanied Sokalo on the six-hour journey back home to her village, Majali in Sonbhadra.

Sokalo after being released today

Sokalo has been a fierce Adivasi leader, fighting for her community, which comprises 70% of the Sonbhadra district. Despite 2006’s Forest Rights Act (FRA) that guarantees them their land, Adivasis across India have faced displacement due to so-called ‘development’ projects. The FRA has not been effectively implemented, in spite of its passage. However, Sokalo has remained unbowed. “We will not beg, we will claim our lands back. It is clear to us that the Government is not supporting us. Our movement will win our rights back, I am sure!” she told CJP late last year. Her recent incarceration was not her first; in 2015, she and others were arrested right before a major rally in support of a 100-day nationwide campaign for land and labour rights set to begin. Then, she spent a month in Mirzapur jail.

Activists meet with Sokalo on October 27

Just days before her release on Thursday, November 1, 2018, a group of activists visited Sokalo in  Mirzapur jail. They reported that in spite of her discontent at her freedom being curbed, Sokalo was still in good spirits about her fellow Adivasis struggle for jal, jangal, jameen (water, forest, land). Even as she was led back into the prison after the short visit, she raised the slogan “Inquilab Zindabad“. 
 

Related:

A Beautiful Show of Solidarity
Sukalo & Kismatiya: Allahabad HC Sets Release in Motion
Victory! Kismatiya and Sukhdev, Adivasi HRDs from UP released on bail
URGENT ALERT: Adivasi Forest Movement leader Sukalo arrested
CJP and AIUFWP move Allahabad High Court to release illegally detained Adivasis
 

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Adivasi human rights defender and executive committee member of All Indian Union of Forest Working People (AIUFWP), Sokalo Gond has been illegally incarcerated since June 2018. Despite the fact that she was granted bail on October 4, 2018, she is yet to be set free. Her release has been delayed on technical and procedural grounds. A group of intellectuals and social activists met Sokalo Gond in Mirzapur prison on Sunday, October 28. The group was led by Dr. Muniza Khan, and also included historian Prof. Mahesh Vikram Singh, Dr. Praval Singh, Dr. Neeta Chaubey and Shri Rajendar Chaudhari.

The team was constituted on the initiative of CJP along with the All India Union of Forest Working People (AIUFWP) as a need was felt to check upon Sokalo’s well-being and also to reassure her of her impending release.

Upon reaching the Mirzapur prison, the jailor informed the group that only three of them could meet her. So the first task was to urge that all five be allowed. They asked the jailor if all of them could meet her together. The jailor asked Dr. Muniza Khan for their credentials, to which she responded by saying they were fellow human rights activists. The group submitted a form as per the jailor’s request.

A sight to behold, Sokalo lights up on seeing fellow travellers
Dr. Khan said it was delightful to see Sokalo. “We saw that Sokalo was sitting on a sheet on the open ground where many others were meeting their acquaintances too. As soon as she saw us, she lit up and started waving at us, even from afar. Upon reaching we embraced each other,” she said.

The sight was an experience in itself. It was an open ground with an elevated platform and had a lot of women, there was a large crowd. “There wasn’t enough space for all of us to sit, so we started talking in whatever position we could,” Dr. Khan added.
Sokalo informed Dr. Khan that initially she didn’t eat the food provided by the jail staff as a form of protest, a “Satyagraha” and also because the quality of food was precarious. “But it seems like after a lot of human rights campaigning, and possibly due to interest shown by senior political leaders in the case, urging for Sukalo’s release, the jail staff started providing a glass of milk and some fruits on a regular basis,” Sokalo said. After this, her health seemed to have improved.

Inside the Mirzapur prison
Sokalo spoke about the problem of overcrowding in the Mirzapur jail. “Though the barrack has a capacity of 30 people, it is filled with double its capacity, “she said. “There is often a fight between the prisoners from Sonbhadra and those from Mirzapur. There is no medical facility for people in need. After the fights between the prisoners and under-trials of the two regions, the jail situation has become even stricter.”

Activists meet with Sokalo at Mirzapur

Sokalo also added that the prisoners of conscience were not troubled as much as other prisoners while inside the prison, and that she wasn’t made to do some of the work that others were. However, the hygiene, especially during women’s menstruation cycles, was deplorable to say the least. There were women from the aged 16-17 years to 80-85 years.

CJP had drawn the attention to the deplorable condition of the Mirzapur prisons in its earlier stories as well. CJP’s partner organisation AIUFWP’s General Secretary Roma said, “Despite the fact that Sonbhadra was carved out of Mirzapur district in 1989, until two years ago the prisoners from Sonbhadra district were taken to the Mirzapur jail, which is at a distance of 80 kms. from Sonbhadra. She asked, “If a jail is already there in Sonbhadra then why are people regularly taken to Mirzapur jail?” The jails are overcrowded in Mirzapur and filled much beyond their capacity.

In this expose, Roma highlighted the scarcity of basic amenities, “There is only one barrack in the Mirzapur jail for women. It has a total capacity of only 30 women but as many as 100 women are lodged there. The food isn’t adequate, there is no proper place to sleep, no bedding etc. When the women raise their voices against this condition, and also the fact that there is misappropriation of jail ration by the staff, they are beaten up and tortured”

Dr. Khan feels that despite the depressing atmosphere in the jail, Sokalo has stood her ground strongly and constantly protested her false arrest. She is in good spirits about the struggle of fellow Adivasis waging the struggle of Jal, Jangal, Jameen. (Water, Forest, Land). After their visit, the jailor also allowed Muniza to deliver some clothes for Sokalo which she requested. Rajendra Chaudhari felt concerned about Sokalo’s situation inside the prison and Prof. Mahesh Vikram felt that the procedure to meet the prisoners was tedious, causing delays.

Solidarity brings cheer to Sukalo
Sokalo, though feeling a bit low and depressed at the curtailment of her freedom, has also been disheartened at the relatively few visits from people while in jail. Dr Muniza Khan explained the difficulties of distance, since the Mirzapur prison was located far from Sonbhadra, making it difficult for people to visit. She also explained that various people and organisations outside were constantly raising their voices about her case –and a nationwide campaign had been launched. There were constant efforts to bring her plight to the public attention; she was pleasantly surprised about this.

Activists meet with Sokalo at Mirzapur

“You know they are taking away people’s leaders like this,” said Dr. Muniza Khan while talking to Sokalo about the recent arrest of human rights activists Sudha Bhardwaj. Sokalo expressed her solidarity with those leaders and activists who had been arrested.
Dr. Khan also explained the procedural and administrative lapses in the process that have hindered Sokalo’s release. She expressed the solidarity of those people who have campaigned for her release all this while. At that very moment they heard a bell and Sokalo was swiftly moved towards the barracks.

As she was taken back to judicial custody after her brief meeting with colleagues from the human rights movement –despite the fact that “a jail is a jail”– as she turned to go back to prison, the redoubtable Sokalo, went in shouting “Inquilaab Zindabad.”

Courtesy: https://cjp.org.in/
 

Related:

Sukalo & Kismatiya: Allahabad HC Sets Release in Motion
Victory! Kismatiya and Sukhdev, Adivasi HRDs from UP released on bail
URGENT ALERT: Adivasi Forest Movement leader Sukalo arrested
CJP and AIUFWP move Allahabad High Court to release illegally detained Adivasis

The post Activists Visit Mirzapur Jail, Meet Adivasi Leader Sokalo Gond appeared first on SabrangIndia.

Huge victory for the Adivasi struggle in Sonbhadra, UP

Adivasi human rights defender Sukalo Gond had been illegally incarcerated since June 8th 2018 and was released on bail today. She is the treasurer of All India Union of Forest Working People (AIUFWP). In this video she talks to CJP about the Adivasi struggle in Sonbhadra, Uttar Pradesh and the steps that they have taken to ensure that the fight to implement the Forest Rights Act of 2006 is well on it’s way to victory.

The post Huge victory for the Adivasi struggle in Sonbhadra, UP appeared first on SabrangIndia.

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!
 

The post Sukalo & Kismatiya: Allahabad HC Sets Release in Motion appeared first on SabrangIndia.

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!

The post UP MLA writes to CM, highlights plight of Sonebhadra Adivasis appeared first on SabrangIndia.

Allahabad HC has today directed the SP Sonbhadra to produce Adivasi Human Rights Defenders, Sukalo and Kismatiya Gond in Court on September 7. The order was issued in the Habeas Corpus petition filed by CJP and the All India Union of Forest Working People (AIUFWP) on June 29. The illegal detention dates to June 8.

Sharing the gist of the arguments in court, advocate Farman Naqvi who appeared for CJP and AIUFWP said, “Firstly they never stated the reason for custody or under what charges these women were being held. Sukalo and Kismatiya’s names were not even mentioned in the FIR which is why they remained untraceable necessitating a Habeas Corpus Petition.” Advocate Naqvi also highlights the instances of how the UP Police made two different contradictory statements. “They made an oral submission in court on July 9 that both women had been taken into custody under section 151 for causing breach of peace, but later released. This submission was recorded by the court in the order sheet. However, in the last week of July they submitted that both women were indeed arrested on June 8 and are presently in custody! We highlighted this anomaly in their statement during our arguments in court today.”
 

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.

But the UP cops have continued to play dirty, just to ensure that these brave women stay behind bars. CJP and AIUFWP have filed a rejoinder to the Counter Affidavit filed by the Inspector of Police, Rupesh Kumar Singh of Muirpur Police station in the order passed on Habeas Corpus Petition (Petition no 3332/2018 filed by CJP) hearing on August 14, 2018. The rejoinder bats for their release while highlighting several serious flaws in the Counter Affidavit. Referring to several committee recommendations passed in the past, the rejoinder draws attention to the plight of Adivasis and their struggle for their rights and dignity, and the specific historical context of Sonbhadra and its Adivasis.

The rejoinder by the petitioners and the counter by the state may be read here.
 
There are several flaws in the affidavit filed by the UP Police. In many instances there is a manipulation of the truth, in some cases factual inaccuracies have been allowed to be a part of the affidavit. Other instances include using procedural and bureaucratic loopholes to cause delays and in a manner, derail justice. Sample the following:
 

Questions Raised on Identity of the Deponent

The deponent of the counter affidavit, Rupesh Kumar Singh, claims to be presently posted as Inspector at P.S. Muirpur, District-Sonbhadra. However, his UP Police identity card, filed in support of proof of his identity, shows his designation to be that of a Constable! The said Rupesh Kumar Singh cannot hold two designations at the same time. This itself is a reason to reject the counter affidavit because the same is not filed apparently by a genuine person. Moreover, in the counter affidavit, it is not mentioned that out of 4 respondents, on whose behalf, he has filed counter affidavit.
 

No Names in FIR at Time of Arrest

The rejoinder filed by CJP and AIUFWP highlighted the fact that the affidavit itself mentions that at the time of arrest, i.e. on June 8, 2018, the names of the petitioners, Sukalo and Kismatiya, were not mentioned in the FIR, and yet they were arrested.

The counter affidavit by the state (to the Habeas Corpus petition) makes several false and unsubstantiated claims. The state has submitted that the two petitioners, Sukalo and Kismatiya were arrested on the basis of alleged confession of Sukhdev Gond. Since this confession was made in custody, the rejoinder highlighted, this can’t be treated as reliable or tested information. It said, “Confession in police custody is not admissible and can be done by pressurizing the accused.” It emphasised the need for verification of the statement recorded under section 161.

It said that the counter affidavit is full of contradictions. Drawing attention to the oral statement of the counsel for the state, on July 9 during the hearing of Habeas Corpus petition, in which they alleged that Sukalo and Kismatiya were issued challans under section 151 and had been released, the rejoinder said that now the Inspector says that both of them were never issued challans. This stood in contradiction to the state’s own version of things as they happened. The rejoinder raised the question, “Why was such a loose and irresponsible statement made before the Hon’ble court without any legal verification of the where-about of the two women Petitioners?” demands the rejoinder.

The rejoinder highlights that the conflict is about the forest land and the dispute with the Forest Department. The village Lilasi, which is the village in question, was where land was being cultivated by the Adivasis until about eight years ago, when it was suddenly and forcefully usurped by the dominant sections of certain upper caste communities of the village. The Adivasis were already in an ongoing conflict over the issue.

The counter affidavit by the state makes a “blithe” and “casual” reference to Sukalo’s and Kismatiya’s Call Data Records (CDR) and says that it “is the only basis of their arrest”. Countering this, the rejoinder submitted, “The fact that someone was in telephonic conversation with someone, the fact that Petitioners No 1 and 2 are prominent leaders of the Adivasi community, the fact that they may have been offering reassurance and support to persons facing violent repression by the police; all these factors could be the reason for the phone calls. On what basis can the state in a counter in a Habeas Corpus case, use confessional statements and the mere mention of CDR records for incarcerating women leaders for over two months like this?” In fact, the rejoinder rightly highlighted that the state and its officers prevaricated for weeks leading to significant delays in the hearing affecting the Fundamental Rights to life, freedom and equality before the law, as granted by the Constitution.

Highlighting a big loophole in the claim by the Inspector that Vijendra Kumar, the Van Daroga, had filed a case 28/ 2018, the rejoinder submitted, “Should not the District Magistrate or SDM at this point have intervened 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? 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 villagers of Lilasi had filed community forest rights claims, and hence “without the process of claims being completed the rights of forest people needs to be protected according to FRA”. So, the rejoinder submitted that the actions of the Van Daroga (forest department officials) were completely against the spirit of the FRA and in fact, were perpetuating historical injustices on the people.

The rejoinder ascertained that there was no “direct convincing evidence of Sukalo’s involvement in any so-called crime” and that all the supposed evidences by the witnesses was based on the evidence of telephonic conversation, which didn’t hold any ground.
Both Sukalo and Kismatiya’s names appeared in the Chargesheet only after they were arrested.

BD Sharma’s (29^th) report had recorded that the district of Sonbhadra has recorded the highest number of land disputes since independence. Referring to other reports such as the Mangal Dev Visharad committee report, the rejoinder said that “Gram Sabha lands” are “transferred illegally to Forest Department” on many occasions. Again, as noted by Maheshwar Prasad Committee report, the Gram Sabha revenue lands were (wrongfully and erroneously) notified under section 20 as reserved forest. However, unfortunately, none of the recommendations provided by the committee were taken seriously by the Government, the rejoinder highlighted.
 

Brief background of the case

Adivasi human rights defenders Sukalo and Kismatiya Gond have been held captive for over two months! Their crime… to bravely demand rights to forest land… rights that have been guaranteed to them under the Forest Rights Act 2006. 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. But not only were they picked up by the police in a clandestine manner, their names were also not mentioned in the FIR! CJP and AIUFWP had to move a Habeas Corpus petition before the Allahabad High Court.

The rejoinder has highlighted that all their documents were forcibly taken away from them after their arrest. The counter affidavit filed by the state has alleged that because Sukalo and Kismatiya were accompanying Sukhdev Gond, they were also involved in the crime. Calling such an assertion devoid of any “logic” the rejoinder asked for the basis of such an inference.

Following CJP’s and AIUFWP’s campaign for their release, 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.

On August 14, after much delay, 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.
Quoting from the book “Tribal Administration in India”, the rejoinder for the AIUFWP and CJP highlights how the “lands belonging to Adivasis, especially the Kol, Gond and Agaria Adivasis were illegally encroached upon by the Forest Department in both the Kaimur and Bundelkhand regions of Uttar Pradesh.”

Hence, that both Sukalo and Kismatiya were doing nothing more than carrying forward their legacy of fighting against exploitation and violence faced by the Adivasis.

Towards the end, it points to a very important fact about the context of the arrests, “That this case of illegal detention and arrest needs to be understood and seen in this context where in all these cases –regardless of the ideology of the government in power– a falsified ‘criminal history’ of the entire section of agitating and organising forest peoples and women en-masse is being is being constructed by the authorities, especially the Sonbhadra district police. That this is motivated by vested interests trying to deny them their rights, finally recognised under the FRA, 2007.”

In view of all this, the Sonbhadra police needs to be held accountable for the illegal detention and arrests of Sukalo and Kismatiya and should be released immediately. Moreover the DM and SDM of Sonbhadra district too, need to be held accountable regarding their duties as per the Forest Rights Act. Finally, that the State Forest Secretary and State Forest Minister should be called upon to make their stand clear on the “brazenly unfair arrests.”
 

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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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
 

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A campaign by CJP and All India Union of Forest Working People (AIUFWP) for the release of dynamic forest rights movement leaders Sukalo Gond and Kismatiya Gond is gaining momentum every day. Now, Congress President Rahul Gandhi has tweeted expressing concern over their illegal arrest by Uttar Pradesh (UP) government and has appealed to Congress leaders and MLAs in the state to take up and raise the matter very seriously.

This one tweet has helped draw attention to the issue of their illegal arrests once again.

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.

Not to be left behind, the Samajwadi Party (SP) too expressed support for the movement. SP spokesperson Rajesh Chaudhary issued a statement saying that the party’s National President and former Chief Minister of UP, Akhilesh Yadav has met a committee from AIUFWP under the leadership of the MLA Sanjay Garg and taken cognisance of the constant police violence being faced by the villagers in the Sonebhadra area.

 

 
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.

CJP, with the 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. 

Earlier, on May 18 the UP police picked up and detained Adivasis from Lilasi, kept them for the entire day at Myorpur thana and made them go through harrowing procedures for the rest of the day. Later, on May 22, they entered the village, and engaged in a completely unwarranted assault on women and children, in which Kismatiya Gond had sustained severe head injuries. 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.

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.
 

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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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