Very often, the victims of human rights violations and harassment by the state are those seeking to end discrimination and to defend the full range of human rights, including economic, social and cultural rights.
In the West Godavari district of Andhra Pradesh, over 2,000 tribals have reportedly been arrested since 1994. In addition, members of a voluntary organization called SAKTI (Search for Action and Knowledge through Tribal Initiative), have been repeatedly detained and harassed and prevented from carrying out their activities.
The arrests have been made in connection with land disputes in the area where there is a large tribal population. Under the Andhra Pradesh Scheduled Areas Land Transfer Regulations, 1959 , the transfer of scheduled land from tribal to non-tribal people is forbidden. However, a significant percentage of scheduled land in the district has been occupied by non-tribals for several years. In 1993, the High Court of Andhra Pradesh issued a judgement calling for lands acquired unlawfully by non-tribal people to be restored to tribals. Activists state that the authorities have failed to implement this order and few non-tribal people have been prosecuted under the Andhra Pradesh Scheduled Areas Land Transfer Regulations, 1959 and dispossessed of unlawfully acquired land.
In the absence of implementation of the regulations, tribal people have attempted to prevent non-tribals from harvesting their crops on the disputed lands -- sometimes forcibly -- and violence has occurred between tribals and non-tribals. Activists claim that false charges have been filed by non-tribal people against tribals in an attempt to harass them and that tribal people have been detained by police at harvest times, to prevent interference with harvesting by non-tribals. Between 5 March and 21 April 1997, over 70 tribals, including 50 women, were arrested by police on charges of damaging crops. They were held for up to 39 days in the Central Jail, Rajamundy, during which time they were denied bail.
SAKTI has attempted to raise awareness amongst tribals of their rights under land regulations legislation and to provide them with legal literacy training so that they can make claims to lands in the district courts. However, activists of SAKTI have faced repeated harassment by the authorities, including the filing of false charges and arrest on charges of trespass or unlawful assembly. In 1996, a case was filed against Dr Sivaramakrishna, Director of SAKTI, accusing him of inciting tribal against non-tribal people in Busarajupali village on 5 August 1996. However, he was in fact in Hyderabad on that day, participating in a workshop being conducted by the government Tribal Welfare Department.
Section 144 of the Code of Criminal Procedure has been invoked in the area since February 1997. This provision effectively prohibits the holding of meetings and has meant that tribals and activists can be arrested for holding an "unlawful assembly" which is designated as a gathering of five or more persons. Activists have pointed out that promulgation of this order prevents tribals from carrying out traditional activities, such as food-gathering in groups, as well as carrying out peaceful group protests.
On 9 February 1997, Sarada Devi (wife of Dr Sivaramakrishna) and two other activists -- Pabbisetty Balakrishna and Tellam Venkateswara Rao -- went to Busaraju Palli Village (where section 144 was in force) to conduct a meeting. It was subsequently alleged that the SAKTI activists encouraged the tribal people to destroy the crops of non-tribal people if they refused to pay an amount of Rs.2,000 per acre. The police filed a case on the basis of a complaint of a non-tribal villager.
As a result, the SAKTI activists and several tribal people were arrested on 5 March 1997 for holding an unlawful assembly. A request was made by police to the magistrate to grant them a period of judicial remand for 15 days in order for police to complete the investigation and prepare a chargesheet. Again, on 28 May 1997, Dr Sivaramakrishna, Sarada Devi and four other activists were arrested by police in Bestavarigudem village while addressing a meeting of tribal people. Police produced non-bailable warrants for their arrest on charges relating to trespass.
SAKTI has appealed to the Andhra Pradesh High Court for the protection of tribal people in a petition filed on 24 April 1997. The petition called on the court to declare various actions of the state authorities (including filing of false criminal cases against the petitioners) as an interference in the fundamental rights guaranteed under Article 19(1) of the Constitution of India which guarantees the right to freedom of expression. The petition further referred to the fact that police had acted in a partisan manner by taking action against tribals while failing to file cases against non-tribals. It also called on the court to appoint an independent committee to study the situation of land problems in the 3 mandals (sub-districts) in the region. On 3 May, the High Court ordered the transfer of the Deputy Superintendent of Police and the Assistant Superintendent of Police in West Godavari district and further ordered a report to be submitted on measures taken by the State Government to implement the 1959 Land Transfer Regulation Act. However, on 13 May, another bench of the High Court reversed this order, on the grounds that the transfer of police officers was a matter to be addressed by the state government and not by the courts. A further hearing of the petition has been set for 7 July.
Amnesty International recommendations:
- Express concern about the harassment and arbitrary detention of members of the tribal community in the West Godavari district of Andhra Pradesh and activists of SAKTI;
- Call for the withdrawal of section 144 of the Code of Criminal Procedure in the district to enable tribal people and activists to peacefully gather in protest;
Urge the authorities in India to give a commitment that human rights defenders throughout India (including those defending the whole range of rights as set out in the Universal Declaration of Human Rights) will be permitted to protest and campaign against human rights violations in freedom and will be granted protection from harassment and attack by the state or vested interests. |
