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VII. Abuses by Naxalites Naxalites have been responsible for numerous abuses. 316 In the course of what they claim to be a popular “people’s war,” their methods have included intimidation, threats, abductions, beatings, torture, and summary executions. Their victims include village leaders and other persons of high standing, and villagers who either refuse to cooperate with them or are suspected of being police informers. They also demand money, food, and shelter from villagers. Naxalites also recruit children into different Naxalite departments, including their armed wing, and therefore expose children to risks of fighting during anti-Naxalite combing operations by government security forces. A. Threats, extortions, and killings The usual Naxalite method of establishing authority over an area is to initially target sarpanches (village officials), rich landowners, priests, and other influential village elders like patels (village headmen). Sarpanches are representatives of the state and thus considered a threat to the Naxalite leadership. Police superintendent G.P. Singh explained, “Naxalites have deliberately tried to eliminate leadership, particularly tribal leadership who can challenge Naxal authority.” 317 According to one man, the son of a landowner, who now lives near Jagdalpur town, In the area where we live, hardly any sarpanch survives his full term. They are chosen for five years, but rarely last beyond three. Naxalites kill them. They also kill other village council members. These officials are under constant pressure not to allow the building of roads and schools in their villages. 318 316 In the event that the conflict in Chhattisgarh amounts to a non-international armed conflict under international humanitarian law (the laws of war), all parties to the conflict are bound by article 3 common to the four Geneva Conventions of 1949 and customary international humanitarian law. 317 Human Rights Watch interview with G. P. Singh, superintendent of police of Bastar district, Jagdalpur, January 26, 2008. 318 Human Rights Watch interview with villager from Bastar district (name and details withheld). 97 Human Rights Watch July 2008
Naxalites beat and kill villagers, particularly people they suspect of being police informers, and village leaders including sarpanches, patels, and priests. In some cases, these beatings and killings follow a jan adalat (people’s court). Naxalites organize such jan adalats to conduct public trials and punish offenders. For instance, wealthy landowners are brought before such a court and asked to hand over a portion of their assets for redistribution among the poorer villagers; those that dare to oppose the sentence or ruling are beaten. Suspected police informers or traitors may be sentenced to death. The fairness of any justice system should be tested against international human rights law criteria that include independence, impartiality, and competency of judges, presumption of innocence, right to legal counsel and adequate time for preparation of defense, and the right to appeal. 319 Jan adalats fail to meet any of these standards. Subba Atish, a former Naxalite said he had participated in two jan adalats and seen four villagers being executed: The jan adalat is organized by the commander or deputy commander of a dalam [armed squad]. They get about 15 villages together and pass a sentence. Members of the area committee, range committee head, and divisional committee will pass the sentence. They [accused] are usually supposed to be given a chance to defend themselves but generally this is how it works—first they are brought and beaten, and by the time the beating is over they are so scared that they will admit to the crime. Villagers and relatives who come to their defense are threatened and they don’t have much of a defense in these adalats. If a relative says something, the commander will say: “So you also are with him [accused]? You want the same thing to happen to you?” … [I]f they [leaders] have made up their mind in the matter they tend to ignore villagers’ opinion. They will say, “This is an enemy. If you want him punished, raise your hand.” Even if the people say “don’t kill,” if 319 See, for example ICCPR, arts. 6 and 14; see also common article 3 to the 1949 Geneva Conventions (a party to a conflict is prohibited at all times from “the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples”). “Being Neutral is Our Biggest Crime” 98
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India “Being Neutral is Our Bigge
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Copyright © 2008 Human Rights Watc
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VI. Plight of Persons Displaced by
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© 2008 John Emerson “Being Neutr
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Gram Panchayat/ Panchayat ICCPR ICE
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of villages in Bijapur and Dantewad
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Since 2006 local nongovernmental or
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Frightened, many villagers hid for
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Salwa Judum, particularly Salwa Jud
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of camp residents and other displac
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Vanvasi Chetna Ashram, People’s U
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egion between June 2005 and June 20
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through underground village committ
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health care. 17 Census data from 20
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The Naxalite problem has led to lac
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egular battalion to counter Naxalit
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NGO fact-finding teams have also ap
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The ‘Salva Judum’ movement is p
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persons also gave Human Rights Watc
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Sometimes senior police officials,
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were sick we had to go and report i
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to our village had bows and arrows,
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All able-bodied men had to particip
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them with escorts. We go with them
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there [pointing to a location about
Page 51 and 52: V. Abuses by the State Although the
Page 53 and 54: and my sister’s in the fields. My
Page 55 and 56: camps. 109 Two SPOs came forward to
Page 57 and 58: Gangi, one of the villagers, said t
Page 59 and 60: weeks [from the first visit to the
Page 61 and 62: One of the boys got beaten a lot wi
Page 63 and 64: A woman from Nendra said she saw th
Page 65 and 66: member of the fact-finding team tha
Page 67 and 68: In 2006 the Chhattisgarh government
Page 69 and 70: under Indian penal law. 163 Many NG
Page 71 and 72: independent and report because ther
Page 73 and 74: eing beaten up by Salwa Judum membe
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Page 77 and 78: electricity, adult literacy centres
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Page 81 and 82: dependent upon the state for their
Page 83 and 84: camps were started. 233 Assuming th
Page 85 and 86: Impediments to return The Chhattisg
Page 87 and 88: villagers’ access to markets maki
Page 89 and 90: 1. Prior to carrying out evictions,
Page 91 and 92: our huts. About 10 forest departmen
Page 93 and 94: A volunteer with an NGO that provid
Page 95 and 96: met with further retributive measur
Page 97 and 98: Despite the court’s orders, fores
Page 99 and 100: for at least 100 days a year. 303 T
Page 101: In many places, displaced persons d
Page 105 and 106: that they rubbed small stones [grav
Page 107 and 108: Similarly, Naxalites beat and haras
Page 109 and 110: not kill my uncle. They threatened
Page 111 and 112: 100 meters. The tractor driver—an
Page 113 and 114: near the Boddiguda dam. We were abo
Page 115 and 116: Errabore camp on July 17, 2006, whe
Page 117 and 118: E. CPI (Maoist) Party statements Hu
Page 119 and 120: for this reason we are compelled to
Page 121 and 122: The Naxalites do not deny the recru
Page 123 and 124: I have seen SPOs younger than me in
Page 125 and 126: The recruitment process The nationa
Page 127 and 128: I became an SPO last year in March
Page 129 and 130: of them. My brother actually surviv
Page 131 and 132: Maraiguda stated that he was ordere
Page 133 and 134: The Chhattisgarh state government r
Page 135 and 136: ecruitment, but Naxalites pressure
Page 137 and 138: When he was part of the bal sangam
Page 139 and 140: I joined when I was 15 years old. I
Page 141 and 142: When Veka Idma was about age 12 or
Page 143 and 144: later on when I became a dalam memb
Page 145 and 146: Naxalites’ policy regarding recru
Page 147 and 148: IX. Impact of the Conflict on Educa
Page 149 and 150: other villages which do not have sc
Page 151 and 152: The ITDA project officer for Khamma
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uses all authority at its disposal
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To the Chhattisgarh state governmen
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• Release complete information, u
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• Cooperate with UNICEF and other
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HUMAN RIGHTS WATCH 350 Fifth Avenue
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) Chhattisgarh government assists t
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protect the rights of the displaced
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HUMAN RIGHTS WATCH 350 Fifth Avenue
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government investigated any allegat
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“Being Neutral is Our Biggest Cri
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We acknowledge with gratitude the f
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