By Speed Post

No.278/1/97-98 (FC)

NATIONAL HUMAN RIGHTS COMMISSION

(LAW DIVISION)

Sardar Patel Bhavan,

Sansad Marg, New Delhi,

The 30 th July, 01

To

Shri S.R.Sankaran,

Convenor, Committee of

Concerned Citizens,

114, Saphire, Amrita Hills,

Panjagutta, Hyderabad.

Sub: Complaint before NHRC received from Ms.P.Sharada Devi, West Godavari Dist., A.P.alleging police brutality on Dalits.

Sir,

I am directed to state that the above case was placed before the Commission 25.7.2001. The Commission, after considering the complaint and report obtained from DGP, AP, has directed to send you copy of the relevant part of the record for your advice.

•  Accordingly, I am sending herewith a copy of the complain and copy of report received from DGP, A.P. You are requested to peruse the matter and forward your advice for placing before the Commission.

Yours faithfully,

ASSISTANT REGISRAR (LAW)

Committee of Concerned Citizens

114, Saphire, Amrita Hill, Pnajagutta, Hyderabad - 500 082

Dear Sir,

Please refer to your letter No.278/1/97-98 (FC) dated 30th July 2001 forwarding a copy of complaint before the NHRC from Ms.P.Sharada Devi, West Godavari District, AP along with a copy of report received from DGP, AP and requesting for the advice of this Committee.

As the Commission is aware, this Committee has taken upon itself the specific issue of the continuing violence in Andhra Pradesh specially in Telangana area in the context of the three decade old Naxalite movement and the State actions. The NHRC is aware of the interventions of this Committee as copies of the report of the Committee and periodical representations have been sent to NHRC from time to time. The detailed letter dated addressed by the Committee to the Chairman dated 18 December 2000 (copy enclosed) explains the scope of the work of this Committee.

The subject matter referred to in the present letter of the Commission is outside the scope of the task taken up by the Committee. It relates to the land issues pertaining to Scheduled Areas (Tribal areas included in the Fifth Schedule of the Constitution) in West Godavari District of Andhra Pradesh. However, as advice has been sought by the NHRC, the following advice is offered based on the general understanding of the members of the Committee.

The land issues in the Scheduled Areas in Jeelugumilli, Buttayagudem and Polavaram Mandals in West Godavari District are governed by the Agency Tracts Interest and Land Transfer Act 1917 (Madras Act I of 1917), the Andhra Pradesh Scheduled Areas Land Transfer Regulation 1959 (Regulation I of 1959) as well as amendment Regulation 1/70. These Regulations prohibit transfer of land to non-tribals and are intended to protect and preserve tribal lands for their benefit. It has been observed that over a period of time that a number of non-tribals have occupied tribal land in violation of these laws. Certain organisations and political parties have been taking up the issue of restoration of tribal lands and Sakti is one of them. It may also be mentioned that the District Collectors and Magistrates have a special responsibility for Scheduled Areas as Agents to the Government for implementing the land regulations. There have also been a number of judgements of AP High Court on the matter including in Contempt Case 1381 of 1997 dated 2 January 1998, which dealt with West t Godavari lands (copy enclosed)

It is unfortunate that this matter has been dealt with as an issue concerning police alone. The very fact that there have been such a large number of 118 cases booked. All apparently against 2175 tribals shows that there is something wrong about the approach of the Government and its agencies. Though it is difficult to comment on individual cases, it is seen that the report forwarded is a routine report of the Superintendent of Police of West Godavari which, on the face of it, appears to be biased against the tribals and the organisations supporting the tribals. It would have been better to obtain a report from the State Government with its comments and also the District Magistrate in such matters.

It is noted that the representation to NHRC from Sakti is dated June 1997 and the report of the SP is of June 1998. The criminal cases pertain to 1996 and 1997. The present letter has been addressed to us in July 2001. As we are now in August 2001, ie more than four years since the original complaint was made, the ground level situation must be different now for better or worse. The only advice that can be offered therefore, apart from the above comments, is that the Commissio may without any loss of further time.

•  request a special officer of the Commission to visit the area and make a detailed enquiry summoning the District Collector and the SP and examining all records.

•  Alternatively, the Commission may immediately summon the State Government officers specially the Chief Secretary, Secretary of Tribal Welfare Department, the Director General of Police with all the relevant records an assess the position.

•  Resolve the land problems according to the Regulations and the judgment of the Andhra Pradesh High Court.

•  secure immediate release of tribals if still in custody and ask the State Government to consider withdrawal of all case against the tribals and the supporting organisations

•  direct action against officials and others who have been found on enquiry to have harassed tribals for agitating for their legal rights

Yours sincerely

(S.R.Sankaran)

Convener

To

Assistant Registrar (Law)

National Human Rights Commission (Law Division)

New Delhi.