PUCL Bulletin,
April 2003
Adivasis
shot dead by police in Wayanad, Kerala
-- By C.R. Bijoy
Also, Brutal killings of Adivasis at Wayanad - Demands and observations, April 2003
Statement against police firings on adivasis in Muthanga, March 2003
The police and forest officials along with the Kerala Armed Police moved
in today into the Muthanga range of Wayanad wild life sanctuary of Wayanad
in Kerala where the adivasis under the leadership of the chairperson C.K
Janu of Adivasi Gothra Mahasabha and Geethanandan of Adivasi-Dalit Samara
Samithy.
Over 1100 adivasi families protesting against the non-implementation of
the agreement reached between them and the government had occupied some
5000 acres of cleared forests of the Muthanga range in Wayanad wild life
sanctuary on 4 January 2003.
Over 750 huts were
put up. On 17 February 2003, 21 persons mostly forest department officials
and police along with hired labour were caught red-handed setting fire
to the forests by the adivasis. The fire was set on to the forest as part
of the conspiracy to use that as an excuse to assault the adivasis. On
18 February the collector of Wayanad had come and recorded the statement
of those caught setting fire and the culprits were released. Heavy police
contingents had been rushed to the area.
On 19 February afternoon police commenced
the assault on the peaceful adivasis brutally and some 32 were injured
that included adivasi women and children. Subsequent police assault continued.
The media who were covering the issue were driven away, cameras smashed
etc. By evening the police opened fire and hunted down the adivasis where
some 15-20 (unconfirmed) adivasis suspected killed. Numerous adivasis
are injured. There are suspicions that under cover of darkness dead bodies
are disposed off in the forest. Numerous missing. Tension has mounted
in the hill regions.
Background
Background In the wake of starvation death of 32 Adivasi men, women and
children since mid-July 2001, the Adivasi-Dalit Samara Samithy launched
an agitation in front of the Secretariat and Chief Minister A.K Antony's
residence in the capital, Thiruvananthapuram on 30 August 2001. Refugee
camps were set up. The struggle spread. The death of Adivasis were consequent
to the situation of landlessness and denial of the rights to resources
and land.
The following facts compounded the justification for the struggle, especially
the continued injustice and willful violation of the laws and constitution
of the country:
1. The Kerala (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act 1975 was not implemented despite the High Court order of 1993. A mere 7500 acres of alienated lands could go to some 4500 in a state where there are some 3.5 lakh Adivasis of whom by now 80% would be landless. The law was replaced by another Act, the Kerala Restriction on Transfer and Restoration of Lands to Scheduled Tribes Bill in 1999, which the High Court struck down as unconstitutional and now rests with the Supreme Court to decide.
2. The Kerala Private Forest (Vesting and Assignment) Act of 1972 stipulates that 56,833 acres of land should be given to Adivasis for cultivation, which has not been implemented. The thousands of hectares of land in the name of numerous Adivasi rehabilitation projects held by the various government departments of over 40,000 acres which were to be handed over to Adivasis forming into cooperatives were not been in effect carried out.
September
6: Chief Minister
A.K Antony holds talks with the leaders. A number of immediate demands
were agreed to as: o Tribal development programme being funded from the
general budget would henceforth be carried out through the Tribal Development
Department instead of the three tier Panchayats; o Setting up of committees
at the state (headed by the Chief Minister) and district level official
committees; o Free rations for all Adivasis for another 2 months; 10 Kg
of rice per month for all the Adivasis who were incapacitated; o Restoration
of full rights for the collection of minor forest produce; o Reservation
of 90% of the jobs in the forest department for Adivasis; o Serious investigation
into all cases involving exploitation, murder and rape of Adivasis;
October 3: The first ever call and meeting
of the "Gothra Mahasabha" (Grand Council of Adivasis) held.
Approves the actions and decisions of the Samara Samithy and decide to
intensify and spread the struggle to other parts of the state. A mass
rally of about 10,000 held in the city in which two thirds were Adivasis
while the rest primarily dalits and others.
October 16: The Sub-Committee headed by Chief
Minister along with some of his colleagues hold talks with the Samara
Samithy in the evening, agrees to all the pending demands, especially
5 acres in principle to all the Adivasis having less than 1 acre of land
and on the decision that the Adivasi areas in the state would be included
as "Scheduled Area" under V Schedule. With the announcement
of the details of the agreement to the media, the Samara Samithy declared
the end of the present form of struggle. The (a) land up to 5 acres to
the landless and to those having less than an acre, (b) a cabinet resolution
to declare all tribal habitations in Kerala as Scheduled Area under Article
244 would be passed (c) the supreme court judgement on the 1999 Act would
be implemented (d) a Tribal Mission would be constituted to implement
the agreement.
On Implementation: The government identified
22,491 landless Adivasi families identified and 30,981 families having
less than an acre. That is a total of 53,472 families to be receiving
lands. 59,452 acres of lands were identified to be handed to the Adivasis
as on 1 January 2002. Land allocation commenced on 1 January 2002. Less
than 600 families were allotted land during the past 16 months amounting
to a mere 1.6 percent of 2.2 percent land identified. Very soon the Tribal
Mission was reconstituted and literally ceased to function. Land allotment
stopped. After having given the government over a year to implement what
it agreed to the Adivasi Gothra Mahasabha (the grand assembly of Adivasis
of Kerala that emerged during the struggle) declared that they shall implement
what the government agreed to and failed to do
. It is in this context, that the Adivasis marched into the Muthanga range in Wayanad Wild Life Sanctuary on 4 January 2003.
-- C.R. Bijoy, Doctor's
Quarters, Sri Ramakrishna Hospital, Coimbatore, Tamilnadu-641 044