“Being Neutral is Our Biggest Crime” - Global Coalition to Protect ...

The ‘Salva Judum’ movement is people’s initiative and it is reiterated
that ‘Salva Judum’ is not State sponsored. The State is committed to
resolve the problem of Naxalism and any peaceful movement, which
resists the violent methods, definitely gets support of States.… Salwa
Judum is not a vigilante force but a spontaneous people’s resistance
group comprising of local tribals. The State cannot stifle the people’s
initiate [sic] taken by local tribals to counter Naxalism. 51
In our research, however, we found overwhelming evidence of state support for
Salwa Judum. Government security forces either actively participated in Salwa Judum
abuses or, despite being present at the scene, failed to prevent Salwa Judum
members from committing abuses. In fact, the chairperson of the second Indian
Administrative Reforms Commission (a commission of inquiry set up by the
president of India) criticized the Chhattisgarh government for delegating its law and
order powers to an “extra constitutional [prohibited by the Constitution] power” like
Salwa Judum. 52
While there is evidence that joint raids by government security forces and Salwa
Judum members have been on the decline since mid-2007, the practice has by no
means ended—reprisals against villagers who leave camps are ongoing. The
Chhattisgarh state government claims that it upholds the rule of law. However, over a
three-year period starting mid-2005 it has shown little willingness to directly take on
Salwa Judum as an abusive vigilante force and prevent government security forces
from participating in such abuses.
Under international law, the Indian central and Chhattisgarh state governments are
ultimately responsible for the lives and well-being of the population. Internationally
51 Nandini Sundar and others v. State of Chhattisgarh, Writ Petition (Civil) No. 250 of 2007, Counter Affidavit on Behalf of
Respondent, January 22, 2008, pp. 308-9, para. 8; Sur-Rejoinder on Behalf of Respondent State of Chhattisgarh, April 10,
2008, p. 513, para. 4a.
52 Nitu Jain, “UPA wants C’garh anti-Naxalite village militia disbanded,” video report, IBN Live Video, March 18, 2008,
http://www.ibnlive.com/videos/61451/upa-wants-cgarh-antinaxal-village-militia-disbanded.html (accessed March 18, 2008).
In an interview with IBN Live, a leading Indian news and current affairs channel, the chairperson of the Administrative Reforms
Commission, Veerappa Moily, said, “Salwa Judum will amount to being an extra-constitutional power which you cannot have,”
and further implied that Salwa Judum was in fact acting as the agent of the state. He continued, “[i]f there is a constitutional
government, it is the duty of the constitutional government to function, [and] not delegate its power [to Salwa Judum].” Ibid.
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