âBeing Neutral is Our Biggest Crimeâ - Global Coalition to Protect ...

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The Indian Police Act does not envisage en masse recruitment of SPOs.… The wholesale arming of a social group to exterminate its enemies is not what is envisaged by sec. 17 of the Police Act, 1861. What the Chhattisgarh Government has done is to blatantly abuse the provision. 42 Civil society challenges to a failed policy The Indian central government now admits that Salwa Judum exacerbated the Naxalite conflict and violence in the region. 43 Several fact-finding teams and NGOs have repeatedly reported that Salwa Judum members and government security forces were using violent intimidation methods resulting in massive forced internal displacement, and have recommended that the Indian central and Chhattisgarh state governments stop supporting Salwa Judum. They have also recommended that the governments initiate action against all persons involved in committing crimes. 44 Activists also filed two petitions in the Supreme Court of India in 2007, seeking the court’s intervention against the operation of Salwa Judum. 45 In April 2008 the court ordered the National Human Rights Commission (NHRC) to investigate allegations of human rights abuses by both sides. 46 42 Email communication from K. Balagopal, Human Rights Forum (Hyderabad), to Human Rights Watch on May 7, 2008. At the time of appointment of SPOs, between June 2005 and March 2006, the Chhattisgarh Police Act, 2007, was not in force and the only applicable law was the Police Act, 1861. During their interview with Human Rights Watch, Chhattisgarh police officials stated that they had not appointed SPOs after 2006, therefore implying that they had not appointed any SPOs under the Chhattisgarh Police Act, 2007. See below, Section VIII A, Government recruitment and use of children as special police officers, for more details regarding recruitment of SPOs. 43 “Status Paper on the Naxalite Problem,” paper tabled by the Union Home Minister Shivraj Patil, March 13, 2006, http://satp.org/satporgtp/countries/india/document/papers/06Mar13_Naxalite%20Problem%20.htm (accessed August 29, 2007); Ministry of Home Affairs, Government of India, “Annual Report 2006-2007,” http://mha.nic.in/pdfs/ar0607-Eng.pdf (accessed May 13, 2008), p. 24. The report states: “Chhattisgarh has seen higher levels of violence and casualties. Stepped up violence in Chhattisgarh is attributed mainly to greater offensive by Naxalites to derail Salva Judum, which is a voluntary and peaceful initiative by local people against Naxalites in Dantewada district of Chhattisgarh.” 44 Nine different teams have been to this region and have made recommendations to the government. 45 Nandini Sundar and others v. State of Chhattisgarh, Writ Petition (Civil) No. 250 of 2007 and Kartam Joga and others v. State of Chhattisgarh and Union of India, Writ Petition (Criminal) No. 119 of 2007. The Supreme Court of India clubbed both the petitions under Nandini Sundar and others v. State of Chhattisgarh. 46 Nandini Sundar and others v. State of Chhattisgarh, Criminal Miscellaneous Petition No. 6462 of 2008, Order, April 15, 2008, http://courtnic.nic.in/supremecourt/temp/wc%2025007p.txt (accessed April 17, 2008). 27 Human Rights Watch July 2008
NGO fact-finding teams have also appealed to Naxalites to end their violent backlash against Salwa Judum. 47 Many human rights groups and activists are making an effort to bring together a group of respected and neutral citizens who can mediate between the government and Naxalites to end this cycle of violence. 48 47 Human Rights Forum, “War in Dantewara,” p. 44; Independent Citizen’s Initiative, “War in the Heart of India,” p. 48; Asian Centre for Human Rights, “The Adivasis of Chhattisgarh, Victims of the Naxalite Movement and Salwa Judum Campaign,” p. 7. 48 Human Rights Watch telephone interview with K. Balagopal, Hyderabad, February 5, 2008 (second interview). “Being Neutral is Our Biggest Crime” 28
Page 1 and 2: India “Being Neutral is Our Bigge
Page 3 and 4: Copyright © 2008 Human Rights Watc
Page 5 and 6: VI. Plight of Persons Displaced by
Page 7 and 8: © 2008 John Emerson “Being Neutr
Page 9 and 10: Gram Panchayat/ Panchayat ICCPR ICE
Page 11 and 12: of villages in Bijapur and Dantewad
Page 13 and 14: Since 2006 local nongovernmental or
Page 15 and 16: Frightened, many villagers hid for
Page 17 and 18: Salwa Judum, particularly Salwa Jud
Page 19 and 20: of camp residents and other displac
Page 21 and 22: Vanvasi Chetna Ashram, People’s U
Page 23 and 24: egion between June 2005 and June 20
Page 25 and 26: through underground village committ
Page 27 and 28: health care. 17 Census data from 20
Page 29 and 30: The Naxalite problem has led to lac
Page 31: egular battalion to counter Naxalit
Page 35 and 36: The ‘Salva Judum’ movement is p
Page 37 and 38: persons also gave Human Rights Watc
Page 39 and 40: Sometimes senior police officials,
Page 41 and 42: were sick we had to go and report i
Page 43 and 44: to our village had bows and arrows,
Page 45 and 46: All able-bodied men had to particip
Page 47 and 48: them with escorts. We go with them
Page 49 and 50: 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
Page 75 and 76: the country, to liberty and freedom
Page 77 and 78: electricity, adult literacy centres
Page 79 and 80: only 10 health workers to attend to
Page 81 and 82: dependent upon the state for their
Page 83 and 84:
camps were started. 233 Assuming th
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Impediments to return The Chhattisg
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villagers’ access to markets maki
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1. Prior to carrying out evictions,
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our huts. About 10 forest departmen
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A volunteer with an NGO that provid
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met with further retributive measur
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Despite the court’s orders, fores
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for at least 100 days a year. 303 T
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In many places, displaced persons d
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Naxalites beat and kill villagers,
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that they rubbed small stones [grav
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Similarly, Naxalites beat and haras
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not kill my uncle. They threatened
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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
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for this reason we are compelled to
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The Naxalites do not deny the recru
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I have seen SPOs younger than me in
Page 125 and 126:
The recruitment process The nationa
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I became an SPO last year in March
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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
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When he was part of the bal sangam
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I joined when I was 15 years old. I
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When Veka Idma was about age 12 or
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later on when I became a dalam memb
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Naxalites’ policy regarding recru
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IX. Impact of the Conflict on Educa
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other villages which do not have sc
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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
Page 173 and 174:
We acknowledge with gratitude the f
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