Asian Centre for Human Rights

Dedicated to promotion and protection of human rights in Asia

 

ACHR REVIEW
[The weekly commentary and analysis of the Asian Centre for Human Rights (ACHR) on human rights and governance issues]

Embargoed for 13 October 2004
Index: Review/42/2004

Guns and Talks in India's Wretched of the Earth

On 15 October 2004, the government of Indian State of Andhra Pradesh and ultra left wing Peoples War Group (PWG) will hold first ever-direct talk to resolve the three decade old armed conflict. Earlier on 16 June 2004, the Andhra Pradesh government declared a three-month ceasefire which has further been extended. A 20 member ceasefire monitoring committee consisting of Subhashchandra Bose (Andhra Pradesh Civil Liberties Committee), K Balagopal and Jeevan Kumar (Human Rights Forum), Jaya Vindhyalaya (Peoples Union for Civil Liberties), C Raghavachari and K Srinivas Reddy (AP Union of Working Journalists), P Venkateshwarulu, V Hanumantha Rao and Zahid Ali Khan (editors), T Gopal Rao (retired IAS officer), Y Radhakrishna Murthy (former MP), R Krishnaiah (backward classes leader), I Mysaiah (Ambedkar Youth Association), Surya Naik (Lamabadi Hakkula Porata Samiti), G Chakrapani, Haragopal and Nageshwar (academicians), Ramakrishna Reddy (retired judge), K Narayana and Ramanarsimha Reddy (CPI) has been formed. In a further confidence building measure, on 20 July 2004, Andhra Pradesh government withdrew the ban on the PWG.

This is the most serious attempt to find a negotiated settlement with the PWG which was formed by Kondapalli Seetharamaiah on 22 April 1980 to fight against social injustices and economic exploitation of the poorer segments of the society. On 5 May 2002, the PWG declared one month unilateral cease-fire. However, after three rounds of preliminary discussions between the PWG emissaries and the State Government, the talks broke down as the State government refused to accede to PWG demands for an official cease-fire and termination of alleged 'fake encounters' and arrests of Naxal cadres. Earlier, in 1989, then Chief Minister M. Channa Reddy withdrew the ban on the PWG. The PWG allegedly exploited the freedom to consolidate its strength and the government banned it again in 1992.

During the talks on 15 October 2004, the PWG will be represented by Ramakrishna, Secretary of Andhra Pradesh State Committee of the PWG, S Sudhakar, Secretary of the Andhra-Orissa Border Special Zonal Committee and Ganesh, member of the North Telangana Special Zonal Committee.  The approved agenda, among others, includes the withdrawal of cases against Naxalite activists, release of political prisoners, removal of cash awards on activists of Naxalite groups, disbanding of anti-Naxalite groups and creation of a separate Telengana state.

In a reply to the Starred Question No. 425 on 25 August 2004, the present Minister of State for Home, Sri Prakash Jaiswal told Rajya Sabha that the Central Government has adopted a three pronged strategy to tackle the problem of Naxalism: "(i) modernization and strengthening of State Police forces, long term deployment of Para Military forces, sustained intelligence based well-coordinated anti-naxalite operations, (ii) focused attention on integrated development of the affected areas, and (iii) removal of socio cultural alienation of people, gearing up of public grievances redressal system and creation of Local Resistance Groups".

Poor land reforms:

The governments fail to acknowledge that the lack of land reforms is the single most important factor for the Naxalite movement. Despite adoption of a large number of laws including Andhra Pradesh Land Reforms (Ceiling and Agricultural Holdings) Act, 1973, land reforms has never been adequately implemented. According to the Bureau of Economics and Statistics, for 1998-99 the net sown area in Andhra Pradesh is a little over 1.09 crore hectares out of the total geographical area of over 2.74 crore hectares. Out of these, only about four lakh hectares of surplus lands was declared since the adoption of the Act in 1973. It took nearly 10 years to acquire the surplus land from land owning farmers, owing to prolonged litigation. Yet, in the year 1995, the non-tribals were in possession of 7,51,435.66 acres of lands in Scheduled Areas in clear violation of the Ninth Schedule of the Constitution of India.

Apart from bearing 50% of the security expenses, Central government also allocates funds for economic development to combat the Naxalites. Developmental funds are either mis-used or remain unutilized. In the meeting with Naxalite affected states on 21 September 2004, Minister of State for Home, Sriprakash Jaiswal stated that funds allotted to some states in 2003 under the BDI had not be utilised fully. Consequently, the Centre decided that the states would not get the next installment of the central fund till they showed they had used up the money given in the previous year. The National Democratic Alliance government had included 53 Naxal-affected districts under the BDI. Each of these districts will get an additional Rs 15 crores a year for three years from the Centre.

Yet, in a reply to the Unstarred Question No 3487 on 23 April 2003, then Minister of State for Home informed the Rajya Sabha that In 2002-2003, the Central government received proposals under Integrated Action Plans, encompassing development as well as security aspects in the affected areas, of Rs.1299.17 crores from Andhra Pradesh, Rs.1862.72 crores from Bihar, Rs.1435.13 crores from Chattisgarh, Rs.615 crores from Madhya Pradesh, of Rs.838 crores from Maharashtra and Rs.268.84 crores from Orissa. Yet, the most States cannot utilize a meager Rs 15 crores per district.

Atrocities Against Scheduled Castes and Scheduled Tribes:

Apart from poverty and land alienation, the atrocities against the Scheduled Castes and Scheduled Tribes provide the grounds of growth of Naxalism. Whether it is in the case of the massacre of Dalits at Tsundur village in Guntur district in 1991 or brutal murder of a dalit leader, Birusanti Obanna from Koilkuntla area of Kurnool district on 22 January 2004, perpetrators often go unpunished. Although, the government of India adopted the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Andhra Pradesh government had established only 12 Special Courts by 2003.

The conviction rate for offences against the SCs and STs remains extremely low primary because of the caste bias which permeates the executive and judiciary. The Kurnool District Special Court for under SC/ST Prevention of Atrocities Act, rejected 39 cases registered under the Act between 29 May and 3 September 1999 on the grounds that the crimes - which included murders, assaults, rapes - were not committed on account of the victims being Dalit, but on account of enmity and lust. The judge in his orders did not give any reason as to how he arrived at this conclusion. Out of the 1,805 cases of atrocities against SCs and STs registered in 1998, 1,897 cases in 1999 and 1,912 cases in 2000 according to then Andhra Pradesh Home Minister T. Devender Goud, only 27 persons were convicted by May 2001.

Impunity for fake encounter killings:

In order to tackle the Naxalites, the State government of Andhra Pradesh imposed Disturbed Areas Act which provides the extraordinary powers for arbitrary arrests and detention. Extrajudicial executions have been part of anti-Naxalite operations. The Andhra Pradesh Police reportedly established an armed vigilante group known as the "Green Tigers," whose mission is to combat Naxalite groups in the state. The NHRC has investigated some 285 reported cases of so-called "fake encounter deaths" allegedly committed by the Andhra police in connection with anti-Naxalite operations. In its 1996-97 annual report, the NHRC stated that the evidence on record did not show in any of the cases "that any prior attempt" was made by the police to arrest the deceased persons. The report observed that in "none of these encounters, did police personnel receive any injury", while one or more persons from the other side died. The Commission further observed that "no attempt whatsoever" was made to ascertain the identity of the police officers who fired the bullets that caused the deaths, and that no attempt was made to investigate the circumstances under which the police opened fire. "As this appeared to be the pattern of the procedure followed by the police", the report concluded, "the Commission felt it necessary to conclude that the procedure followed by them was opposed to law". In order to scuttle such inquiries by National Human Rights Commission of India, then Chandra Babu Naidu government established State Human Rights Committee, which does not even meet the standards set by the flawed Human Rights Protection Act of 1993.

The alleged extrajudicial killings of Rangavelli, a senior leader of CPI (M-L) Janashakthi along with 4 others on 11 November 1999, Nalla Adi Reddy, Arramreddy Santosh Reddy and Seelam Naresh after their arrest from Bangalore in a covert operation in 1 December 1999, Bodiga Ravindar and Lambadi Ramulu on 11 January 2000, Yerra Satyam and Sivanandaare on 25 Janaury 2004 are clear testimonies to continuing patterns of extrajudicial executions.

The success of ongoing peace process in Andhra Pradesh could pave the way to find solutions to the Naxalite problems across India. According to the information presented at the meeting with Naxalite affected states on 21 September 2004, 125 districts in 12 States are affected by Naxalite violence in varying degrees and another 24 districts were targeted by the Naxals. Naxal violence has claimed 405 lives in 1,140 incidents till 31 August 2004 as against 348 deaths in 1,138 incidents in 2003.  The Naxal violence from 1968 to 2004 has claimed 5,805 lives. They include 2565 Naxalites, 2722 civilians and 518 policemen. The figures fail to address extensive human rights violations perpetrated by both the Naxalites and the security forces.

Unless, both the Naxalites and state government of Andhra Pradesh can develop mechanisms to address land alienation of the tribals and land reforms, and establish accountability for atrocities against SCs and STs and extrajudicial executions, the Naxalite movements are unlikely to wither away.


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