Tag: Jharkhand Janadhikar Mahasabha

4 Years After Announcement, Soren Govt Yet to Withdraw Cases Pending Against Pathalgadi Movement

The pending cases name Stan Swamy along with 20 other activists and intellectuals associated with the movement. On 29 December 2019, Hemant Soren soon after taking the oath as chief minister had announced the withdrawal of all Pathalgadi cases.

New Delhi: Five cases registered in connection with the Pathalgadi movement in Jharkhand’s Kunti district are still pending to be withdrawn. Four years ago, in December 2019, when Jharkhand’s current chief minister Hemant Soren took over, he vowed to withdraw all cases in connection with the movement, filed under his predecessor Raghubar Das’s government.

Of the total 21 cases registered by Das’s government in Khunti, 16 so far have been withdrawn under the Soren government. In March 2020, the Soren government going against its promise filed a new case against the movement. The pending cases name Stan Swamy along with 20 other activists and intellectuals associated with the movement.

The information regarding pending cases has been disclosed by replies received to appeals filed under the Right to Information (RTI) Act, said Jharkhand Janadhikar Mahasabha in a press statement.

On 29 December 2019, when Soren right after taking the oath as chief minister announced the withdrawal of all Pathalgadi cases, it was met with widespread appreciation and support. The earlier Jharkhand government, headed by Das, had come down heavily on the Pathalgadi movement and responded with severe violence and repression. It had filed several cases against the people associated with the movement and also several Adivasi traditional heads of the villages.

The police had filed several cases against about 200 named accused and more than 10,000 unnamed people under charges that included abetment, obstruction to public servants discharging their duty, creation of public nuisance, criminal intimidation, and even sedition. As many as 28 first information reports (FIRs) related to the Pathalgadi movement were spread across Khunti (21), Saraikela-Kharsawan (5), and West Singhbhum (2) districts were registered by the Raghubar Das government.

There are allegations that the Soren government is yet to address the issues raised during the Pathalgadi movement, such as widespread violation of special laws and provisions for Adivasis (PESA, Fifth Schedule, Land Acquisition Act, CNT Act, etc.), marginalisation of Adivasi worldview, exploitation of Adivasis by the police, administration, and non-Adivasis and so on.

The Jharkhand Janadhikar Mahasabha has been demanding the Soren government to immediately withdraw all five pending Pathalgadi cases, initiate action against human rights violations in Khunti, and award compensation to victims. It has also been calling for the strict implementation of special laws and provisions for Adivasis such as PESA, Fifth Schedule, Land Acquisition Act, CNT Act, and so on in letter and spirit.

Jharkhand: Rights Activists Condemn ‘False’ Cases on Adivasis, Demand Compensation for ‘Persecuted’

The Jharkhand Janadhikar Mahasabha has recently carried out a survey to understand the socio-economic conditions of 31 Adivasis from Bokaro district, whom it says were ‘falsely implicated’.

New Delhi: The Jharkhand Janadhikar Mahasabha has demanded the quashing of charges and labelling of 31 Adivasi-Mulvasi persons in Gomia and Nawadih blocks of Jharkhand’s Bokaro district as ‘Maoists’.

During a press conference on Tuesday, July 5, the Jharkhand Janadhikar Mahasabha unveiled a report based on a survey carried out on the said persons, whom it said were “falsely” charged under stringent Unlawful Activities (Prevention) Act [UAPA] and various sections of the Indian Penal Code. The survey was carried out between August 2021 and January 2022.

The purpose of the survey was to understand the situation of the accused, the struggles their families undergo, the process of wrongly accusing a person and incarcerating them, among others.

The survey notes that all the 31 surveyed persons have categorically stated that they have no connection with Maoists or have any role in any incident executed by them. Most of them live in forested villages and Maoists used to visit these villages. Such visits by Maoists used to be more frequent earlier, but nowadays they are rare. Sometimes, the villagers were forced to feed Maoists on their visits, the report adds.

Report (6 July 2022) by The Wire

According to the report, cases against 16 persons of the 31 persons were registered before 2014. Cases against nine of the 31 were registered during 2014-19 and against three after 2019. According to the data of 22 respondents, the accused persons spent an average of two years in jail. Many spent more than five years in jail.

The report underscores that after spending several years in jail as undertrials, many are getting acquitted one after the other. Out of 29 persecuted, nine have been acquitted in all cases that were “foisted on them”, and 20 of them have at least one case each to be still cleared of, making them undertrials.

“None of the accused has any document related to the case (such as FIR copy, case diary and so on). All the documents have been kept by their advocates. Hence, several of them are not even aware of the details of their cases,” the report adds.

Also read: Nearly a Third of India’s Adivasis Fear Being Framed for Maoist Activities, Finds Study

On the socio-economic conditions of the arrested, the survey states that the main sources of livelihood of the surveyed persons are agriculture and casual labour, making them invariably poor. Out of the 31 persons surveyed, 18 are illiterate or can barely read.

“The cases have worsened their socio-economic situation. Many families had to sell their livestock and mortgage a portion of their land. Many took loans from their relatives and other villagers to meet the expenses. These cases affected their children’s education; some had to drop out,” the report highlights.

Based on the expenditure incurred by 28 respondents in their cases, every respondent had to spend Rs. 90,000 (average) to meet the expenses of the cases.  Those accused in multiple cases, who had to be in jail for many years, had to spend up to Rs. 300,000.

The authors of the report underline that whenever any incident of violence (by Maoists or others)  takes place, the police add the names of a few innocent Adivasi-Moolvasi persons in the first information report (FIR) merely on the “basis of doubt”.

“Moreover, if anyone’s name gets added to any incident or case, next time when a similar incident occurs in the same locality the police again invariably include that person’s name in the FIR. It is also clear that sometimes the police present innocent persons as culprits just for the sake of showing their work,” the report notes.

Against this backdrop, the Jharkhand Janadhikar Mahasabha demanded that the government constitute a judicial inquiry for an independent investigation into cases filed against Adivasis. It said the persons should be adequately compensated for their years of persecution, and family members should be given government jobs.

In the name of the ‘anti-Maoist operations’, the authors of the survey urged the government not to harass and exploit the economically poor, especially the Adivasis. They also called for the “reform of the police force”.

“No Adivasi and a deprived person should be accused and implicated under any violent or Maoist incident just because the villagers might have been forced to feed Maoists,” they said.

The survey is a collaborative effort of Jharkhand Janadhikar Mahasabha, including member organisations such as Adivasi-Moolvasi Adhikar Manch, Bokaro, Adivasi Women’s Network, Bagaicha and others.

The survey report was released on July 5 in observance of the death anniversary of Father Stan Swamy who fought for the undertrials’ rights. The Jharkhand-based tribal rights activist, Father Swamy, passed away in judicial custody at 84 in Mumbai.

FIR ‘Absolves’ CRPF’s Role, Govt Must Arrest Those Who Attacked Adivasis: Fact-Finding Team

Activist held that the Jharkhand police FIR obscures many facts even though the victims clearly told the police at the hospital that they were brutally beaten by CRPF personnel.

New Delhi: Over a month after Adivasis in Jharkhand were beaten allegedly by Central Reserve Police Force (CRPF) personnel, local activists say that so far, no concrete action has been taken against the perpetrators.

According to a fact-finding report released on Wednesday by several activists, “even though the victims clearly told the police at the hospital that they were brutally beaten by CRPF personnel, the FIR filed by the police obscures many facts of the incident and makes no mention of the role of the CRPF in the violence.”

The incident took place last month in Chiriabera village (Anjerbeda revenue village) in the West Singhbhum district of the state. The Wire had reported that as per the letter written by the local gram sabha, over a dozen of CRPF personnel arrived at Bonj Surin’s house on June 15 while Surin was working and started asking him where “the Naxals” were.

According to the gram sabha’s letter, when Surin was unable to answer the question – he did not know the language the CRPF was speaking in – he was brutally beaten by the para-military, using sticks and the butt of guns. When other villagers tried to run away, they were mercilessly beaten as well.

Also read: Unable to Speak in Hindi, Jharkhand Villagers Beaten up by CRPF on Suspicion of Supporting Maoists

Moreover, as per a video released at that time by the Jharkhand Janadhikar Mahasabha, one of the victims, a handicapped man named Guna Gope was also injured in the beating. “He could not speak in Hindi when questioned by CRPF. They said that his deformed hand must be the result of a bullet injury and accused him of being a Naxal [Maoist]. When an elderly lady came to save him from the beating, she was kicked too,” the Mahasabha said in a tweet.

However, Chaibasa (West Singhbhum) SP Indrajeet Mahatha, in conversation with The Wire, maintained that not all of them had been injured by the CRPF’s actions. He had also claimed that this was a highly sensitive area (with huge Maoist presence) and the police had been receiving information about Maoists’ movement in the region and were compelled to carry out routine activities.

According to the SP, “(c)onfusion occurred when two villagers tried to flee and one got into an argument when the CRPF personnel tried to question him and whosoever is the culprit will be punished.” He informed The Wire that a case had been registered against unnamed CRPF personnel under sections 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means) and 341 (wrongfully restraint) of the Indian Penal Code.

But contrary to the SP’s claim, the copy of the FIR (20/2020 dated June 17, 2020, Goilkera P.S.), seen by The Wire, does not mention the CRPF. Rather, it says that the villagers were beaten by unknown criminals (agyat apradh karmi). The activists have also alleged that the police tried to pressurise the victims in the hospital into not pressing charges against the CRPF.

“It is worrying that despite direct instructions of the chief minister to take appropriate action in this case, the local police has filed an FIR that is an attempt to misdirect the investigation and absolves the perpetrators of the violence, the CRPF, of their role in the violence,” said Siraj Dutta, a member of the Mahasabha, while speaking to The Wire over the phone from Ranchi.

“The administrative approach in this case once again indicates why human rights violations are faced by Adivasis of Jharkhand in cases pertaining to paramilitary forces and police action,” added Dutta. The Mahasabha has demanded that the police should immediately rectify the FIR by naming CRPF personnel as perpetrators in it, record the testimonies of the victims accurately without any change and add relevant sections of the IPC and the SC-ST Act.

“The government should also take action against the local police for not registering the testimony of victims as told to them and registering incorrect testimony. Immediately identify and arrest the CRPF personnel responsible for the violence,” they added. Demanding a time-bound judicial inquiry into the matter, members of the fact-finding committee said, “all the victims should be adequately compensated for the physical violence, mental harassment and loss of property.”

Also read: Sukma Encounter a Reminder the Government is in Urgent Need of a Maoist Strategy

The fact-finding team comprised representatives of the Adivasi Women’s Network, Adivasi Adhikar Manch, Bagaicha, Bhumi Bachao Samanavay Manch, Kolhan, Human Rights Law Network, JOHAR, Kolhan Adivasi Young Star Unity, Our Land Our Life and the Jharkhand Janadhikar Mahasabha.

Members of the team also demanded that the state government clearly instruct the local administration and security forces to not exploit people, especially Adivasis, in any way. “All incidents of human rights violations by the state apparatus should be strictly dealt with. People should not be harassed by security forces under the garb of anti-Naxal operations,” read one of the demands of the report.

‘No Grassroots Coordination,’ Activists Urge Jharkhand Govt to Step up Food Distribution Efforts

‘While the state and district level officials are trying, there is an urgent need to make things more functional and proactive at a village level.’

New Delhi: Calling the relief measures announced by the Jharkhand chief minister “token,” the Jharkhand chapter of the Right to Food (RTF) campaign has said that the government has done little so far that goes beyond routine measures.

In view of the national lockdown, the state, as part of its emergency relief measures, has recently announced that eligible households left out of the public distribution system (PDS) would receive 10 kg of food grain if they have applied for a ration card. Moreover, mukhiyas (gram panchayat heads) have been instructed to give 10 kg of food grain to needy households from their contingency fund of Rs 10,000.

However, members of the RTF campaign believe that this fund is far too small to provide even one-time rations of 10 kg to the seven lakh excluded households who have applied for a ration card. “No provision has been made for integrating excluded households into the PDS during this crisis. And this contingency fund existed earlier – it cannot be counted as a relief measure,” read a statement released by the RTF campaign members on Monday.

Also read: What the Jharkhand Govt Is Doing – and Can Do – to Mitigate Coronavirus Impact

Speaking to The Wire, Asharfi Nand Prasad, a member of the RTF campaign said, “People in different parts of state are facing problems in procuring ration. They are also not receiving 10 kg of food grain as promised.” According to Prasad, on the ground, people are facing a shortage of food grains. He claimed that they have received complaints from Jamshedpur, Garhwa, Palamu and Dumka, among others.


When asked if the government is not acting, the RTF Campaign member said, the real problem is at local level as there are serious issues of implementation as well as shortage of food. “While the state and district level officials are trying, there is an urgent need to make things more functional and proactive at a village level and in remote areas of the state,” Prasad told The Wire over phone, speaking from the state capital Ranchi.

Meanwhile, as per local media reports, there have been at least two alleged hunger deaths during the lockdown. On Monday, Hindi daily Hindustan reported that in Bhandariya block of Garhwa, an elderly woman had died of hunger on Saturday. The local administration, however, has denied the allegation that it is a hunger death.

Another case of alleged hunger death has been reported in Ramgarh district of the state. As per a report by Hindi daily Dainik Bhaskar, in Sangrampur village of the district, a 70-year-old woman old died on Wednesday, allegedly of hunger. However, the local administration has denied the allegation here as well, claiming there was enough food available in the house.

Meanwhile, as per a telephonic survey conducted by the non-governmental organisation Jan Sahas, among workers from north and central India, “Forty two percent of the workers mentioned that they had no ration left even for the day, let alone for the duration of the lockdown”.

The survey also found that if the lockdown continued beyond 21 days, 66% of the labourers said that they will not be able to manage their household expenses for more than a week.

Given the situation, the campaign members have further demanded that the state government cover all these households under PDS, with regular monthly rations. “The government should also take extensive measures to strengthen the public distribution system in this time of crisis,” they demanded, adding the crisis is likely to last for months, even if the lockdown ends soon.

Also read: What Does the COVID-19 Lockdown Mean for Food Security?

Notably, last month, another civil society organisation working in the state, Jharkhand Janadhikar Mahasabha (JJM) had demanded that in order to deal with the three-week nationwide lockdown, the state government, in addition to health services, should also ensure adequate income and food security for the people of the state.

As per the JMM, “In a state with endemic hunger and undernutrition, ensuring food and other essentials for the poor should be a top priority.”

The JJM had therefore demanded that the Central and state governments take a cue from measures adopted by Kerala and many other countries to expand extensive healthcare and social welfare services to the people. In this regard, the JJM has listed out 15 demands under the head of ‘social security, public health services and awareness’.

What the Jharkhand Govt Is Doing – and Can Do – to Mitigate Coronavirus Impact

New Delhi: To deal with the three-week nationwide lockdown, the rights group Jharkhand Janadhikar Mahasabha (JJM) has demanded that the state government, in addition to health services, should also ensure adequate income and food security to the people of the state.

“In a state with endemic hunger and undernutrition, ensuring food and other essentials for the poor should be a top priority,” read a statement released by the Mahasabha on Tuesday. According to the JJM, the Jharkhand government has been proactively working over the past few days to keep a check on the pandemic. However, the response, both in terms of health and welfare initiatives, leaves a lot to be desired.

The JJM claimed that recently, many migrant workers were left stranded without adequate government support at railway stations and bus stands. The group also said that in the last two days, the government had made some useful announcements like setting up community kitchens or distribution of public distribution system grains in advance, but they are yet to see implementation.

The JJM has therefore demanded that the Central and state governments need to take a cue from measures adopted by Kerala and many other countries to expand extensive healthcare and social welfare services to the people. In this regard, the JJM has listed out 15 demands under the head of ‘social security, public health services and awareness’.

Meanwhile, the state government has set up a control room, along with the Toll Free No. 181, to deal with the coronavirus pandemic.

Moreover, state chief minister Hemant Soren has been requesting chief ministers of the other states to help ensure food and necessary support is provided to the residents of Jharkhand stuck in their states.

As per media reports, after the government intervened, 50 labourers from Jharkhand stuck in Chhattisgarh have safely reached their homes in Garhwa late on Monday night. So far, not a single case of coronavirus has been reported in Jharkhand.

According to a report in the Times of India, on Monday evening Soren held a meeting with the deputy commissioners of all districts and took stock of preparations to combat a probable COVID-19 outbreak in the state. As per the report, the chief minister asked the authorities to strictly enforce the lockdown and directed that hospitals at every district keep ready a 200-bed isolation ward.

Also read: Doctors Are Running Out of Protective Gear. Why Didn’t the Govt Stop Exports in Time?

Soren also asked officials to issue passes to personnel engaged in providing essential services and keep a watch on social media platforms. “Identify the poor, daily wagers and destitute and arrange food for them,” Soren told officials, as per the report.

Jharkhand Janadhikar Mahasabha has made the following demands to deal with Covid 19 and the lockdown.

Social security

1. PDS coverage should be made universal in rural areas and urban slums and include all excluded and working-class families. In addition, food-grain entitlement should at least be doubled and OTP-based distribution system currently implemented in PDS should be replaced with “offline” method of distribution for everyone. Also provide pulses, soap and edible oil at subsidised rates (free, at least to the poorest). Provide all the commodities in advance for three months. At this time of emergency, strict action should be taken against hoarders, corrupt dealers.

2. Increase coverage of social security pensions to include all excluded elderly, single women and disabled, at least double the pension amount and provide two months pension in cash in advance.

3. All families with migrant workers, manual workers, urban homeless, slum dwellers, transgenders and small vendors should be provided an income support to cover for the income loss in this period. Adequate provisions should be made for stranded migrant workers to return to their native places. Alternatively, shelter homes can be arranged for such people.

4. Community kitchens to be set up at urban, semi-urban and block-level public centres to provide free cooked food / dry rations to anyone in need of food. Free meals to be made available to all patients and functionaries of all health centres.

Also read: In Act of Vigilantism, Republic TV Reporter Heckles Doctor For ‘Violating Lockdown’

5. Provide cooked food/dry rations comprising six eggs per week to children (in school and Anganwadis), pregnant and lactating mothers.

6. Immediately provide paid leave/unemployment allowance to all NREGA workers and registered workers, and clear all pending payments.

7. Reports of shortage and hoarding of essentials have started coming. Government should ensure adequate supply, distribution and price control of all essentials.

Public health services

1. State government should immediately share the data pertaining to number of samples tested, number of COVID-19 infected persons, number of quarantined persons, number of testing kits available in the state, status of personal protective equipment (PPE) for doctors and health workers, without revealing the identity of COVID suspected or confirmed person.

2. Testing facilities should be increased and in order to rule out hidden cases, a sampling exercise (like South Korea and China) of thousand samples from each district should be done within a week.

Also read: ‘Rs 100/Day in Jan Dhan Accounts, More Testing, More CSR’: The Speech That Could Have Been

3. Public hospital and health centres (including primary health centres) must be immediately strengthened with increased capacity to meet the needs of a sudden surge in patients. All block and panchayat offices should be provided with check-up facilities and adequate equipment must be provided for testing. Additional insurance cover should be provided to each health employee (including those on contract service) to boost their confidence and morale.

4. People should be encouraged to consume local food and forest produce, traditionally consumed amongst Adivasis and forest dwellers for enhancing immunity.

Awareness

1. Widely disseminate all information related to COVID-19, especially in rural areas, such as – testing and functional health centres, welfare policies, symptoms of COVID-19 and preventive measures and so on.

2. It is critical during a crisis that the government is aware of all the issues and shortcomings. Encourage citizens to regularly share ground reality of issues faced by people and implementation of government measures through media and social media, reporting to the block and panchayat level office and so on. Mahasabha will keep appraising the government regularly of the issues faced by people so that prompt action can be taken.

3. A 24×7 active helplines to address grievances and disseminate information regarding COVID-19, health and income needs, harassment by ration dealers or other service providers, etc.

4. The state government should also ensure that no-one is harassed by the police in search of COVID-19 suspects or during lockdown. Policing by people should also be discouraged.

Pathalgadi, Adani Project, Dams: Jharkhand Activists Remind Assembly of Promises to Keep

The Jharkhand Janadhikar Mahasabha urged chief minister Hemant Soren to remember that work is left to be done on various fronts.

New Delhi: Ahead of the Budget session of the Jharkhand assembly, the Jharkhand Janadhikar Mahasabha, a coalition of people’s organisations and activists in the state, urged chief minister Hemant Soren on Monday to fulfil his poll promises and the demands of the people.

Addressing a press conference in the state capital Ranchi, members of the Mahasabha said, we want to flag some pressing issues and demands of the state with the expectation that the government will discuss them in the assembly session and get into action.”

The Budget session of the state assembly is set to begin from February 28.

According to the Mahasabha, the ruling alliance comprising Jharkhand Mukti Morcha (JMM), Congress and Rashtriya Janta Dal (RJD) is yet to act on most of the issues promised by the parties in their election campaigns and the promises made in their manifestos.

The press conference was jointly addressed by Vivek of the Right to Food Campaign in Jharkhand, economist Jean Drèze, who is Visiting Professor at Ranchi University, Bharat Bhushan Choudhary of the Samajwadi Jan Parishad, Elina Horo of the Adivasi Women’s Network, Damodar Turi of the Visthpan Virodhi Jan Vikas Andolan and Pallavi Pratibha, an independent activist working in the state.

Speaking to The Wire, Siraj Dutta, a member of the Mahasabha said they organised the press conference to remind the ruling alliance that you have to fulfil the promises you made during the election campaign. “The government took a progressive decision to withdraw all cases related to Pathalgadi movement but that has not changed anything on the ground,” said Dutta.

He claimed that even after two months since the cases have been withdrawn, fear and uncertainty among the Adivasis of Pathalgadi villages continue as the police and local administration are yet to act on the decision.

Also read: After Gruesome Killings, Jharkhand’s Pathalgadi Movement Under Scrutiny Again

“In addition to this, the government is silent on the massive human rights violations that took place in Pathalgadi villages and the setting up of police camps in schools, repeatedly flagged by Mahasabha,” he added.

Last month, The Wire had reported that many schools in Khunti, which was the epicentre of the movement, have been taken over by the security forces to establish camps to keep a check on ‘extremist groups’. According to a letter written to the National Commission for the Protection of Child Rights (NCPCR) by two organisations, there are eight such schools in Khunti alone and one in West Singbhum.

The Mahasabha, in its appeal, noted that the silence of the government on two key demands that drove the Pathalgadi movement – the implementation of Fifth Schedule provisions and PESA – is also deafening. “Both JMM and Congress promised implementation of PESA in their manifestos. We demand that the government immediately repeal both of these and adhere to their manifesto promise,” read a statement released by the coalition.

It can be noted that both JMM and Congress in their manifestos promised that if they are voted to power, their government will not allow forceful acquisition of land. In addition, Congress had also promised the cancellation of projects such as Adani power plant project (Godda), Icha-Kharkayi dam (West Singhbhum) and Mandal dam (Palamu).

“But since coming to power, the government has been silent on these issues,” claimed Mahasabha members on Monday. “Thousands are languishing in jails as undertrials for years for opposing such projects or simply for being Adivasis and Dalits. While both JMM and Congress manifestos mention this issue, the government is yet to act on it,” they further added.

According to the Mahasabha, while the protection of natural resources and traditional governance system needs to be a top priority of the government, it also needs to check the rising communalism and mob violence in the state. “We hope the government will discuss and roll out a plan to prepare a law against mob lynching, as promised in the manifestos. The government should immediately implement the Supreme Court’s guidelines, to check lynching, in letter and spirit,” the coalition members urged in their statement.

Dutta told The Wire that we have been raising these issues with the government and its allies ever since Soren came to power but, so far, their response has not been very encouraging. Last month, a delegation of the Mahasabha members met the state finance minister and Jharkhand Congress state president Rameshwar Oraon to discuss key issues of the state such as Pathalgadi, land rights, mob lynching, hunger and malnutrition.


The Mahasabha is likely to meet the CM and some MLAs in the coming days. A state-level conference is also planned in April to discuss these issues.

The coalition has also written a letter to the CM and members of the state cabinet urging the government stop all NPR-related activities in the state. “The government should also pass a resolution against CAA and NRC in the assembly,” reads the letter.

Moreover, the Mahasabha and other people’s organisations will be organising a dharna at Raj Bhavan on March 5 to demand that the state government immediately rejects the National Population Register.

Jharkhand: After Hemant Soren Steps In, Sedition Charges Against CAA Protesters Dropped

Notably, no violence and obstruction was reported during the protest. In fact, there is no mention of the same in the complaint.

New Delhi: Dhanbad Police of Jharkhand registered a case against more than 3,000 people on Tuesday under various sections of the Indian Penal Code (IPC), including the law against sedition (124 A) for their involvement in a protest against the the contentious Citizenship (Amendment) Act and National Register of Citizens.

According to a copy of the FIR seen by The Wire, the protesters had been charged under sections 143, 145, 149 (sections related to unlawful assembly), 186, 188 (obstructing a public servant), 290, 291 (creating public nuisance), 336 (endangering life or personal safety of others), 153- A and 153-A (attempts to promote disharmony or feelings of enmity, hatred or ill-will between different reli­gious groups) and 124 A (sedition).

The FIR was registered on the basis a of complaint filed by the circle officer Prashant Kumar Laiq on Tuesday against thousands of protesters who allegedly blocked a road and raised inflammatory slogans. Based on the complaint, the local police registered an FIR against seven named and three thousand unnamed protesters for allegedly blocking traffic, creating chaos and shouting anti- government slogans, along with hurting religious sentiments and organising a protest without permission.

City superintendent of police R. Ramkumar confirmed that an FIR has indeed been filed against the protesters. Speaking to a news portal, Ramkumar said, “On the instructions of the district administration, a case has been registered under different sections, including treason.”

Also read: ‘No Offence Committed, Forget Sedition’: Experts Slam Case Against Eminent Citizens

The news portal further reported that the police is investigating the case and making full efforts to identify the unknown by watching the video. However, no arrests have been made so far.

Notably, no violence and obstruction was reported during the protest. In fact, there is no mention of the same in the complaint.

While there is a mention of inflammatory slogans, it does not go into what those slogans were. Similarly, there is nothing written in the complaint as to what attracts a serious charge like sedition. There is only a mention that the protesters raised anti-government slogans.

Commenting on the case, high court lawyer and a resident of the city,  Shadab Ansari said there is no merit in the case. “The sections used in the FIR are not applicable,” Ansari told The Wire, adding he is planing to move an appropriate court to quash the FIR.

He also said that there was no need for permission to organise protests as it is the constitutional right of every citizen. “Moreover,” said Ansari, “as far as I know there was no imposition of 144 in the city. So, there is hardly any merit in the police case.”

Also read: Anti-CAA Protests Force Modi to Skip Khelo India Inauguration in Guwahati

According to a news report on The Telegraph, on Tuesday, more than 4,000, people, mostly from Wasseypur area of the city took out a march from Ara Mor amid heavy police deployment.

They raised slogans like “Na Hindu jalega, na Mussalman jalega, tum aag lagaoge to insaan jalega (Neither Hindus nor Muslims will burn, if you light a fire humanity will burn).”

As per the newspaper, the protesters held placards, banners and posters with slogans such as “Jahan paida hue hain wahin dafan bhi honge (Where I was born I will die there)”, “Divide karke chalate hain rajya kya? Logon ko pitne se thamti hai awaz kya? (Can one divide and govern? Can one beat people to gag voices?), “India needs better economy, better healthcare, not religious hatred”, and “Reject CAA”.

They also shouted slogans such as “Hum leke rahenge azadi, CAA se azadi, NRC se azadi, NPR se azadi” and “Ekta ka raj chalega, Hindu-Muslim saath chalega.”

Meanwhile, reacting to the case, the Jharkhand Janadhikar Mahasabha, a group formed defend people’s rights and save democracy in Jharkhand, tweeted that the new “Hemant Soren administration needs to be clearly instructed to stop using sedition charge.” The group also noted that the governor Draupadi Murmu, addressing the newly elected Vidhan Sabha on January 7, said that the government was committed to protecting secularism and freedom of expression. On the same day, the administration slapped anti-CAA protesters with sedition charges.


Demanding that people’s right to freedom of expression be respected, the Mahasabha further said, “Hope your (Hemant Soren’s) government, unlike the previous dispensation, will respect people’s freedom of expression and the right to dissent.”

On Wednesday evening, as per Indian Express reporter Abhishek Angad, Jharkhand additional Chief Secretary (Home) Sukhdev Singh has said that the sedition charges will be removed. And Director General of Police (DGP) K.N. Choubey said, there was no element of sedition. Moreover, SSP Dhanbad has said that City SP has been directed to send a correction letter to the court removing IPC 124A.

Later in the evening, however, chief minister Hemant Soren tweeted that the law is not for instilling fear in public and repress their voice but to create a sense of security among the general public. Sharing letters issued by city SP to the concerned police station to drop the sedition charge and inform the court accordingly, and seeking clarification from the SHO about why sedition charged was applied, the CM appealed to the general public to maintain law and order, recommended that the sedition charge be dropped immediately and action taken against the police officer concerned.

It can be recalled that during the Pathalgadi movement (which started in 2017), more than 170 people were charged under sedition in a total of 19 cases by the previous BJP government. The new government, which came to the power in December and is headed by Hemant Soren of JMM in its first cabinet meeting dropped all cases (including sedition) registered against people during the Pathalgadi movement in 2017-2018.

Note: The article was first published on January 8 and was updated with Jharkhand chief minister Hemant Soren’s reaction.

Civil Rights Group Claims Parties Ignoring People’s Issues in Jharkhand Polls

The Jharkhand Janadhikar Mahasabha has said that ‘this election is crucial for protecting democracy and constitutional values in the state’.

New Delhi: A civil rights group has accused political parties in Jharkhand of putting people’s issues on the backburner for the ongoing assembly elections in the state. The Jharkhand Janadhikar Mahasabha has also accused most political outfits, including the ruling Bharatiya Janata Party, of remaining silent on the real demands of the people.

The Mahasabha – a coalition of activists and people’s organisations – had released a charter of people’s demands before the Lok Sabha which also covered the ongoing assembly elections. Through this charter, the opposition parties were urged to “show firm commitment” to people’s issues and demands.

‘Assembly election crucial for protecting democracy’

For the assembly polls, the coalition also compared the manifestos released by the main political parties contesting the elections. It accused the ruling BJP of ignoring the real issues and said its “manifesto reflects the party’s arrogance and continuing denial of severe violations of people’s rights over the last five years. It is silent on most of the demands of people.”

The Mahasabha reminded the parties and the voters that “this election is crucial for protecting democracy and constitutional values in the state”. The Mahasabha said this was because the “last five years saw constant attacks on people’s rights and basic tenets of democracy – attempts to amend local tenancy laws, amendment in the Land Acquisition Act, setting up of land bank, starvation deaths, lynching, atrocities on Adivasis, Dalits, Muslims and women, state-sponsored communalism, attacks on the freedom of expression and subversion on traditional self-governance systems of Adivasis.”

Also read: Jharkhand Assembly Elections: Candidates Steer Clear of Local Issues in Campaigns

‘Implementation of NRC exposes BJP’s communal ideology’

The Mahasabha also charged that the inclusion of the implementation of National Register of Citizens by the BJP in its manifesto exposed its “communal and anti-poor ideology”.

As for the other parties, the Mahasabha said the manifesto of the All Jharkhand Student’s Union also ignored most of the demands but had a few notable exceptions – primarily in its push for the implementation of the Forest Rights Act, a law against mob lynching and reservation for backwards castes.

Other parties also silent on main demands

It said the manifestos of the Congress and Jharkhand Mukti Morcha (JMM) also did not include several demands that were based on the violations of people’s rights in the last five years of BJP rule.

As for Jharkhand Vikas Morcha (JVM) and CPI(ML), the group said they reflected most of the demands of the people. However, the group said the CPI(ML) did not release a detailed manifesto for the assembly elections as it did for the Lok Sabha polls.

The Mahasabha also pointed out that despite strong opposition from the masses against the formation of a land bank on “gair majrua” land, none of the parties had shown a commitment to repeal the policy. On the other hand, it hailed the declaration of the Congress to “cancel projects such as the Adani power plant and Mandal and Icha Kharkayi dams”.

As for the JMM, the civil rights group said the party was only talking about “reviewing” such projects while the JVM had maintained a staunch silence on their future.

Key demand of Adivasis ignored

The Mahasabha said that a key demand of Adivasis has been the implementation of the Fifth Schedule provision which deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in states others than Assam, Meghalaya, Tripura and Mizoram. The group has said that barring the JVM, none of the other parties have shown any commitment to this demand.

Also read: Jharkhand: Rights Body Urges Govt to Withdraw Cases Against Thousands of Tribals

Regarding the demand for formulating a new domicile policy in favour of local residents, the Mahasabha said on this issue too the opposition parties have been offering “vague commitments”.

‘Separating mob lynching from slaughter law a sign of majoritarianism’

The Mahasabha also questioned the manner in which the issues of mob lynching and bovine slaughter law had been treated by various parties. “A welcome move by all opposition parties is the promise to formulate a law against mob lynching. But none of them commits to repealing the draconian bovine slaughter prohibition law that was in fact used to victimise some of the surviving victims of lynching incidents under the watch of the BJP government. It indicates the growing discourse of religious majoritarianism at the cost of values of secularism and equality, in opposition politics too,” it said.

In this regard, the civil rights group also took a dig at the silence of the opposition parties on the demand to repeal the Freedom of Religion Act, formulated in 2015.

‘Opposition silence on denial of welfare schemes too’

The group also attacked the opposition for not speaking out against the denial of entitlements to the poor. It said “despite the claims of ‘vikas’ (development) by the BJP, the state saw at least 23 starvation deaths in the last five years. Even opposition parties have not adequately addressed the issues of hunger, undernutrition and denial of welfare entitlements. Only the Congress has promised to increase the monthly PDS grain entitlement to 35 kg per family and to include pulses in that.”

Also Read: Jharkhand Citizens: People’s Rights Under Attack; Want New Government to Uphold Them

The group, however, lamented that none of the parties promised to increase the coverage of the PDS or social security pensions. “Even though Jharkhand has among the highest levels of undernutrition in the country, no political party has talked about increasing the number of eggs in the meals given to children in schools or Anganwadis,” it said and added that “Aadhaar has created havoc in welfare programmes in the state” but none of the parties spoke about delinking it.

The Mahasabha said the last five years had seen “staggering violations of political and civil rights” and yet most parties remained “largely non-committal on redressing them”. In this regard, it also referred to the repression and human rights violations in Pathalgadi villages.

“Thousands of people, primarily Adivasis, have been accused of sedition as ‘unknowns’ in several FIRs. None of the parties has committed firmly to closure of sedition charges, removal of police camps and taking responsible security personnel to task,” the group said.

Overall, it noted that it was “worrying that in this election season, political parties are more interested in securing defections of candidates from other parties, than finding solutions for addressing people’s demands.

Jharkhand: Rights Body Urges Govt to Withdraw Cases Against Thousands of Tribals

A fact-finding team has found that tribals in Khunti and their pathalgadi movement has been dealt with severe repression and torture.

New Delhi: The Jharkhand Janadhikar Mahasabha, an overarching network of multiple social movements and organisations, has asked the state government to immediately withdraw all cases against the “thousands of unnamed residents of Khunti” who were charged in connection with the pathalgadi protests.

Furthermore, the Mahasabha has called for a judicial inquiry into the charges framed against named people in the FIRs and has asked the police to speedily make public the evidence that formed the basis for those cases.

‘Pathalgadi protests’ is short-hand for a social movement that has spread across hundreds of villages in Jharkhand over the last two years. The movement has agitated against forceful acquisition of tribal land, while calling for a reinforcement of the traditional gram sabha and Adivasi governance systems.

‘Pathalgadi’ is a traditional practice of the Munda Adivasis, who erect giant stone slabs (pathals) in honour of their ancestors, to announce important decisions about their families and villages or to simply mark the boundary of their villages. Over the last two years, pathals across villages have been painted with constitutional provisions for Adivasis, various judicial orders and their interpretations. 

The Jharkhand state government headed by chief minister Raghubar Das, however, believes that the pathalgadi rebellions may harbour “anti-national elements” and are being used to incite hatred against outsiders. Over the last year, numerous cases have been filed against Jharkhand’s villagers and farmers, with state police invoking charges of sedition and rioting for “wrongly interpreting the Constitution”.

Also read: In Jharkhand’s Khunti, Aftermath of Pathalgadi Movement Likely to Be a Poll Issue

In a statement put out this week, the Jharkhand Janadhikar Mahasabha said that a fact-finding team comprising activists, academics and lawyers, visited a few pathalgadi villages in the Khunti district of the state.

“The team found that the state responded to pathalgadi with severe repression and violence. Adivasis in some villages were severely beaten, houses were raided and ransacked. In Ghaghra village, a pregnant woman, Ashrita Munda, delivered a physically disabled baby, a couple of weeks after being beaten by the police during a raid,” it said.

“The police has also forcefully set up camps in schools and community buildings without the consent of gram sabhas in many Adivasi villages. In addition to this, the police has booked thousands of Adivasis under sedition. According to 15 FIRs, available with the fact-finding team, the police has charged about 100-150 persons and 14,000 unnamed people under several charges including sedition. It is estimated that a total of 29 FIRs have been filed till now,” it added.

The results of the fact-finding team were sent to state chief secretary D.K. Tiwari this week. Tiwari did not respond to meeting requests sent by the activist network.

Importantly, the Mahasabha acknowledges that while most of the interpretations of the constitutional clauses written on the pathals may be “wrong or far-fetched”, they are nevertheless  “based on valid issues and demands of Adivasis and their basic idea about the supremacy of the Gram Sabha”.

The fact-finding team’s conclusion is that the pathalgadi protests are a “non-violent response to specific policies of the government”.

Consequently, the Mahasabha notes, the Raghubar Das government should remove all “police camps from the nine schools and two community buildings in Adrki, Kochang, Kurunga Birbanki, Kitahatu, Kewra and Hut”.

“The government should initiate genuine dialogue with representatives of the Pathalgadi villages, Adivasi organisations and experts on the interpretation of Constitutional provisions written on the pathals,” it said.

No Adivasi Judges Named in List of Jharkhand Judicial Promotions

The government has not done enough to ensure that Adivasis are adequately represented, rights activists believe.

New Delhi: The Jharkhand Janadhikar Mahasabha, a coalition of civil society organisations, alleged on Saturday that not a single Adivasi judge found place in a recent round of judicial promotions in the state.

It posted the list of promotees for the post of additional district judge, which showed none of the 51 junior judges promoted was an Adivasi, and most belonged to dominant caste groups.

A lawyer associated with the coalition said on the condition of anonymity that Adivasis are very poorly-represented in the state judiciary. This is a serious problem in a state like Jharkhand, which was created to give Adivasis their due recognition and representation.

“The lower judiciary is a four-tier structure. Once you are appointed, you start off at the judicial magistrate or the junior division level. Then you are subsequently promoted to senior division, and then to additional district judge and eventually district judge. The current Jharkhand judiciary is such that you hardly find any adivasi judge at the senior division level and above.”

This, according to activist Elina Horo, also associated with the Mahasabha, reflects how passive the governments of Jharkhand have been in representing adivasis in judiciary. “Barring a few, there is a scarcity of judges in the state who understand tribal issues, their customsand their tradition. And this lack of knowledge reflects in their judgements too.”

Also read: Govt Money Meant for Adivasi Development Is Being Used to Support Mining

Although the Mahasabha is lamenting the poor representation of Adivasis in mid- and senior-level judiciary of the state, the registrar-general of the high court, Ambuj Nath, thinks otherwise.

“All the promotions were done keeping in mind the rules and regulations. All the 51 were called for interviews based on their eligibility. There are many adivasi judges at the junior level but none of them fulfilled the criteria for this round of promotions for the post of additional district judge. We went by the rules.”

Nath explained that the promotions have to be done according to the norms set by the courts. He said that the reservation policy in direct judicial appointments in Jharkhand was implemented in 2007.

“Before that there were no tribal judge at any level in the state. They were recruited after 2007. Thus, at the moment, they do not fulfil the eligibility conditions for the post of additional district judge. When they meet the eligibility conditions in subsequent years, they too will be promoted,” Nath told The Wire.

Nath is not off the mark, as promotions in judiciary are done on the basis of several factors like seniority, performance and so on.

However, the Adivasi rights activists feel that the lack of representation can’t be reduced to a legal and administrative problem.

“The government, courts have to be sensitive enough to realise that there is a serious under-representation of adivasis judges in the judiciary. Because of this lack of Adivasi judges, you see that there is a total lack of sympathy for the demands raised by adivasi groups in courts. Lack of Adivasi representations means a violation of constitutional values of justice and equality,” Horo said.