PEACE MARCH AGAINST NAXALISM BY: PRADNYA VIJAYKUMAR PATIL
PEACE MARCH AGAINST NAXALISM
AUTHORED BY:
PRADNYA VIJAYKUMAR PATIL
Roll No. 37
LLM II Div -A
PROGRESSIVE
EDUCATION SOCIETY’S MODERN LAW COLLEGE, PUNE
ABSTRACT:
Salwa Judum
was a unique tribal-peasant movement that arose against the specific agenda of
the Communist Party of India
(Maoist) (henceforth Maoists) in its full intensity in 2005 in the sub- region of Bastar (baanstari, a Halbi word
meaning the bed of or the land of bamboos) in
Chhattisgarh. The movement began in January across different villages of
non-Abujh Maad (the unknown hills of
Madia/Koya tribes) sub-region that initially galvanised approximately 20,000 tribals. It was spontaneous and
non-political (Prasad, 2012, p. 329). It was unique as the movement
was against a ‘revolutionary’ group of Maoists and not against the state
or against the zamindari system as most peasant
movements in rural India
were in the past. Its build-up was the culmination of suppressed anger of the
tribals that had developed over decades against the Maoists also called
‘Naxalites’. It was a new and different
phenomenon.[1]
INTRODUCTION:
Since June
2005, the Chhattisgarh government, with the support of the Ministry of Home Affairs,
has been conducting counter-insurgency operations against
the Naxalites under the guise
of a "spontaneous", "autonomous", "peaceful" and "people's movement" in a village
called Salwa Judum in Dantewada
district of Chhattisgarh.
The district
administration claims that upset by the Maoists'
call for a strike to collect
tendu leaves and opposition to development works such as road construction and grain collection, people from around 200 villages have begun
rallying against the Maoists by taking
out processions and rallies. In reality, however, Salwa Judum is actively
supported by the Chhattisgarh government. Far from conducting a peaceful operation, Salwa Judum "activists" are armed with guns, lathis,
axes, and bows and arrows.
By January
2007, the government had appointed 4,048 "special police officers" (SPOs)
under the Chhattisgarh Police Regulations. They were actively
involved in Salwa Judum
and received military and
marksmanship training from the security
forces as part of an official
plan to create a civilian
vigilante organization similar
to the Naxalites.
While exact
figures are unknown,
Salwa Judum has displaced at least 100,000
people over the past two years and completely disrupted the lives of at least 300,000 people
in 644 "liberated villages." People
have been forcibly
removed from their villages and confined to "relief
camps" where they face severe
shortages of food, water and other
basic necessities. The situation of several thousand
people forced to migrate to neighboring states
and districts is even worse. All villages not included
in the camps are considered "Maoist" villages
and are deprived
of all health, education, and other services,
including access to
markets. A large number of people have thus been denied their
fundamental rights
Naxalite movement
Naxalite is
shorthand for Maoist revolutionaries in India. The Naxal movement originated
from the village of Naxalbari in West Bengal, where some people have given the general name to several Maoist-oriented militant insurgents and separatist groups
that have operated
intermittently in India since
the mid-1960s.For a wider side, the movement of naxism or honeycomb is applied to the communist rebellion itself. Understand the origin of the exercise.
In 1967, an
armed peasant uprising took place in Naxalbari area of Siliguri district of
Darjeeling. The uprising was led by
tribals and communist leaders. Its aim was to launch a long-term armed people's war in India, for which Charu
Majumdar wrote the eighth historical document. This document laid the foundations of the Naxalite
movement in India.
On 22 April 1969, the All India Communist Revolutionary Coordination Committee
founded the Communist Party of India (Marxist-Leninist) (CPI(ML)). The
party was founded by CPI-M radicals
like Majumdar and Saroj Dutta. Some groups retained their own identity and
remained independent of the CPI(ML).
One such organization was named Dakshin Desh after the name of its publication. The organization started
printing Dakshin Desh in the Maoist style. A group of trade union activists also joined the organization.
All the Naxalite groups are from the CPI (ML). Moreover, the new party
split after Satynarayan Singh rebelled
against the party leadership.
Two new factions emerged, one led by Charu Majumdar and the other by Satinarayan Singh. In 1972, radical leader Charu Majumdar
died after suffering from multiple illnesses. His
death caused the splitting of his party into pro and anti- Majumdar
factions. However, the split did not stop there and the pro-Majumdar faction split again
in 1972. This time he relied on factions of supporters and opponents of Lam Biao.
The pro-Lam
Biao faction became
known as the Communist Party
of India (Marxist-Leninist), and the anti-Lam
Biao faction later
became known as the Communist
Party of India
(Marxist-Leninist) Liberation.
The movement degenerated into extreme fanaticism as a result of both external repression
and the failure to maintain internal unity. In 1975, the Dakshin Desh group was
renamed the Maoist
Communist Centre.
The Communist
Party of India (Marxist-Leninist) People's War, popularly known as the People's War Group (PWG), was founded by
Kondapalli Seetharamaiah on April 22, 1980. He sought a more effective structure in attack and followed the principles
of Charu Majumdar. PWG has implemented various
uprisings and violence
for decades.
In 2004, the
Indian Communist Party's popular war (popular war) (Marxist War Online
(People's War) and India's Maoist
Communist Center (MCCI) (MCCI) in India) formed the "Communist Party of India
(Mao Zedong)".
This multiple
division and constant
violence is the greatest threat
to our country's internal security. In the eastern states of Chhattisgarh, Odisha, Jharkhand, and
West Bengal, groups often describe themselves
as Maoists. They have been declared a terrorist organization under the Unlawful Activities (Prevention) Act, of 1967.
Causes of Naxalite
Movement
Every movement and every violence has a cause
because of which it initiates. A few causes for the violent Naxalite movement
are as follows:
·
Lack of Human Development
·
Exploitation and harassment suffered by the tribal
population
·
Cultural Humiliation
·
Poor Health care access
·
Slow implementation of land reforms
·
Poverty causing low literacy rate The Red Corridor
The Red Corridor
refers to the territory occupied by the Left Wing Extremists, that are, the Maoists or the Naxalites. The area is spread over eight or more states.
Following is the list of Affected areas
divided based on their severity:
The Severely Affected
States:
·
Chhattisgarh
·
Jharkhand
·
Odisha
·
Bihar
The Partially Affected
areas are:
·
West Bengal
·
Maharashtra
·
Andhra Pradesh
·
The Slightly Affected areas are:
·
Uttar Pradesh
Salwa Judum movement
Salwa Judum
began in 2005 as a government-backed "people's resistance movement"
against the Maoists. In the Gondi language of the tribals
of Dantewada and Bastar, Salwa Judum means peace march.
But in effect, it involved
authorities arming tribal
villagers to fight the Maoists.
It started
near Kutru village in Bijapur tehsil of Dantewada, after tribals there
protested against Maoist diktats such
as ban on collecting tendu leaves (used to make bidis) and participating in elections. The movement later evolved into a counter-insurgency force to bring the area dominated by Maoists back under government
control. Salwa Judum is active mainly in the Bastar and Dantewada districts of Chhattisgarh.
In 2008, there
were 23 Salwa Judum camps in Bijapur and Dantewada districts, where almost 50,000
tribals from over 600 villages
had settled, according to
government records. But
NGOs claim the number is less than 20,000 now. The Maoists and Salwa Judum have
routinely been claiming
excesses by the other party
in the camps.[4]
Fig.
2[5]
The Salwa
Judum Manifesto
The Collector of Dantewada in 2005, K.R. Pisda, was
an Adivasi himself but from another part of Chhattisgarh - a 'promotee', as those who graduate up the ranks are contemptuously called by their peers
who come in through direct recruitment. With henna-dyed hair and a soft voice,
Pisda was an unlikely
planner of such bloodshed. When the All India Fact-finding team met him in November
2005, Pisda was scornful about Mahendra Karma, who was widely considered
the leader of the Judum. Pisda said
Karma was doing it only for political mileage. Proudly fishing out a blueprint he claimed to have prepared for the Salwa
Judum, 14 'Work Proposal for the Jan Jagran Abhiyan' (written in Hindi), Pisda showed how systematically everything
had been planned, starting with the appointment of SPOs, the distribution of 'traditional weapons
like bows and arrows, axes, hoes, sticks,
etc. to villagers', to the evacuation of villages. This document betrays
deep envy for Maoist organizational forms:
If we want to destroy the Naxalites totally, we will have to adopt their strategies, or else we will not be successful. However many police forces we get, we will find they are inadequate... For this we too will have to form village defence squads like the Naxalites. For this SPOs and trustworthy people from the village defence committees will have to be given licences and guns. Such a squad of 15-20 armed villagers and 50-60 villagers with bows and arrows should patrol the villages in their areas for three to four months continuously. (Chapter 4, paragraph 18, all translations mine)
As for
targeting sangham members, the government's justification was that they were
the local backbone of the Maoist
movement, even though
they were clearly
unarmed:
A Naxalite is
one who wears a uniform, carries weapons, moves with a squad, but their role is
at one level that of a director. Their real strength lies in the sangham members
in each village and in the
villagers themselves... To finish off the Naxalite problem, it is not enough to
kill Naxalites - the system they have created
in every village must be
smashed and destroyed... From one perspective, the sangham member is just an
ordinary villager who, like others, does daily labour to feed himself and his family. They have neither a uniform like
the Naxalites nor any arms. (Chapter 4, paragraph 13)
The document was surprisingly
candid:
Police must
now become aggressive. Sometimes, for unknown reasons, some excesses take place during the course of such operations and
some innocent persons become victims of this action. The support of higher-ups is necessary through
keeping silent on such matters
during big operations... When they see Naxalites
being killed or running, they will at once come over to the side of the police.
Therefore it is essential to link this activity to the others.
For this Superintendents of Police must be given targets. (For action, Home Department, SP Bijapur and all Thana Prabharis). (Chapter 4, paragraph 10)
It is
essential to curb the enthusiasm of the media. This is not a proposal for a ban
on the media, simply for restrictions
on it. At the state level, a meeting should be called of all editors and news channels and they must be reminded of
their responsibility to the people. (Chapter 4, paragraph 28)
The
Collector's 'Work Proposal' was a far more accurate description of what
actually happened than the 'self-initiated' people's
movement reported in the media.
The Judum Invades
New Areas
In early 2006, the movement spread
from Bijapur and Bhairamgarh in the west to Usoor and Konta
in the south. In Usoor, inmates of the Hirapur camp told me in 2008 they
had been brought there directly from
a Salwa Judum meeting held in the local market center, Awapalli, on the
afternoon of 3 February 2006. At this
meeting, led by Mahendra Karma, sangha members of Basaguda, Lingagiri, Dharmapur, and Hirapur surrendered, but no one came from Korsaguda; later, the Judum
went to Korsaguda, and other villages, and burnt them. People fled to
the forest or to Andhra Pradesh.
In the Konta
area further south at the border with Andhra Pradesh, everybody had been
dreading the arrival of the Salwa Judum.
The words they used described
it as a pestilence which swept over people and homes, and over which nobody had any control.
In February 2006, Mahendra Karma's
men first persuaded some villagers from a roadside
village, Dubbatota, to join them. These
Dubbatota people in turn caught villagers from neighbouring Misma who had
come to the Dornapal Monday
market on 20 February and took them to the thana. They were told that unless everyone
from Misma came to camp, they would not be released.
Other visitors
to the Dornapal haat had similar experiences - of being captured and taken to Konta in trucks and kept for three days till they agreed to bring others.
Six or seven trucks of people were
brought from Bijapur and there was a big meeting at Konta on 24 and 25
February, attended by Mahendra Karma, the Collector K.R. Pisda, and others. The Judum burnt Birla village
during that time. On the following Monday, market day
in Dornapal (27 February), another Judum meeting was held, followed
by attacks on several
villages. A day after this, the Maoists
blasted a truck full of Judum processionists returning to
Konta, killing 28 people. People were furious not just with the Maoists but also with the Judum for putting
them in this situation. One distraught survivor
told me in May 2006, 'Judum
hame chutiya bana kar le aye' (The Judum fooled us and brought us). Throughout 2006, the Judum burnt
hundreds of villages around Konta and forced people into camps in Konta, Errabor, Dornapal. and Injeram. In some cases
they lured people by promising rations
if they attended the Judum meetings, and then took them into camp. In early
2007, the Judum moved to fresh areas
like the Kistaram range on the Andhra Pradesh border. The numbers of refugees on the Andhra Pradesh
side ebbed and flowed, depending
on the intensity of the attacks in Chhattisgarh. The Andhra Greyhounds and Chhattisgarh paramilitaries and SPOs also conducted combing operations on the Andhra
Pradesh side of the border, and repatriated villagers to the Judum camps in Chhattisgarh. The Maoists on their part
killed SPOs when they could, including in weekly markets
on the Andhra Pradesh side.
On the Bijapur
side too, the Judum and police raids continued between 2005 and 2008. The same villages were attacked repeatedly in an
effort to smoke out the remaining villagers to camp. Different gangs of SPOs might visit the same village. In 2008, I
visited Pulam in Bijapur. Huge trees had been felled
to block the road. However,
given how often
the police had been coming,
this hardly seemed to have been very effective. When we reached Pulam,
the villagers ran away when
they saw us, and then sent one small boy to scout.
Slowly they came, carrying bows and arrows (it was June so they could
have legitimately been hunting), and one man had a belt to carry cartridges. We met a youth, evidently a sangha member, who maintained a
diary on the basis of which information was passed on to the dalam:
September
2005: 2 men were killed in the village; 13 July 2006: 4 people were killed
while working in their fields,
including two women, one of whom was pregnant;
2, 9, and 26 December
2006: Police and SJ came to Pulam and looted on their way to other
villages; June and 8, 23, 25 July 2007:
Police from different
thanas visited repeatedly; on two occasions they looted goats
and hens; 20 August 2007: SJ
came and took away people, they kept one of them, Hemla Santu, and released the rest; 27 August 2007: Police
came and took 4 more people; they were beaten and freed. They burnt
70 houses; 24
Fig.4[7].
September 2007:
The Bhairamgarh Salwa Judum came and took 15 goats, 1 hen; December 2007:
9 people were killed in the village.
Hearing firing at Tokadi,
3 km away, all the villagers
gathered in one place; but the force
came from an unexpected direction and shot at them. The police version
is that the villagers gathered for a meeting
with the Maoists.
A couple of days later,
the police came
and fired again, but everyone
ran away.
As of January
2007, a government memo notes, 644 out of 1153 villages had 'joined Judum' in 6 out of the 11 blocks of the Dantewada
district. Forty-seven meetings and 139 padyatras had been held; 2008 sangha members had
surrendered; there were 47,238 people in 20 camps; 4048 SPOs had been appointed. Rs 11.17 crore had been spent on the relief
camps from 2005 to 2007.15
The maximum
damage took place between 2005 and 2007: the police claimed that the Maoists killed 412 people, including police
personnel, during this period. However, these numbers are suspect and include many killed by the
security forces. For litigation, we compiled a list of some 3000 homes burnt, and 537 civilian victims
of the Judum and security forces, which is itself an underestimate.
The illegality of Salwa Judum – analyzing the Supreme Court judgment
Social anthropologist Prof. Nandini Sundar and
others filed a writ petition with the Supreme Court, which was decided on July 5, 2011, by Justice B.
Sudershan Reddy and Justice S S Najjar. The ruling
strongly indicted state officials, who were found to have violated
constitutional principles by arming
youth who had only completed the fifth grade
and empowering them with police
powers. The Supreme Court in Nandini Sundar & Ors. v. State of
Chhattisgarh (2011) stated that Salwa
Judum is illegal.
Let us analyze what the case was about.
Issues
·
The major issue, in this case,
was to examine the constitutional validity of the Chhattisgarh Government’s recruitment of tribal people as special police officers (SPOs).
·
Another important
issue raised in this case was to analyze the constitutional validity
of the Chhattisgarh Police Act, 2007.
Laws involved
·
Section 17 of
Indian Police Act, 1861– District
Magistrate has the authority to appoint the SPOs.
·
Section 18 of
the Indian Police
Act, 1861- SPOs draw their power, duties,
and accountabilities from this statute.
·
Chhattisgarh Police Act, 2007– SPOs were appointed
under this Act.
·
Article 21 of
the Constitution of India–
Violation of human rights as many innocent
people lost their lives.[8]
·
A Supreme Court bench, comprising Justice B.
Sudershan Reddy (left) and Justice S. S. Nijjar, directed the Centre
to stop giving financial support
for recruitment of "semi-literate tribals" and pit them against
Maoists[9]
Conclusion
To conclude,
the state must begin to fight against the conflict legally, reduce collateral
damage, improve the management of the security forces
and refrain from any abuse of human rights. It would be preferable for the security forces to begin to defend
civilians living in the conflict zone instead of simply fighting
Maoists on a large scale.
There is a
need to challenge the Naxalite movement politically, which offers better
alternatives to the Maoist approach
and new perspectives. The state must start
addressing the basic needs of the poor and assume its primary responsibility of providing human development
to these deprived communities.
Bibliography
1)
Bhat Ishwara
P. – Law & Social
Transformation (Second Edition),
EBC Publication Ltd. Lucknow. 2022
2)
Sunder Nandini
– The Buening Forest,
Juggernut Books, New Delhi. 2016
3)
Chenoy Anuradha
M, Chenoy Kamal A. Mitra – Maoist and other
Armed Conflicts, Penguin
Books, 2010
4)
Bhattacharya Snigdhendu – Lalgaru And The Legend
Of Kishanji : Tales From India’s Maoist
Movement, Harpercollins publishers India. 2016
5) https://doi.org/10.1177/0019556117699742
6)
https://sabrangindia.in/how-salwa-judum-looted-and-killed-villagers-kondasawali-village- chattisgarh/
8) https://blog.ipleaders.in/salwa-judum-movement-and-governments-failure/
[1]
Himanshu Roy - Interrogating
the Maoists and the Indian State: A Study of Salwa Judum in Bastar https://doi.org/10.1177/0019556117699742
[2]
https://blog.ipleaders.in/salwa-judum-movement-and-governments-failure/
[3]
https://sabrangindia.in/how-salwa-judum-looted-and-killed-villagers-kondasawali-village-chattisgarh/
[5]
Fig. Sunder Nandini – The
Buening Forest, Juggernut Books, 2016
[6]
https://thewire.in/law/salwa-judum-ii-what-a-disaster-that-will-be
[7]
Sunder Nandini – The Buening
Forest, Juggernut Books, 2016
[8] https://blog.ipleaders.in/salwa-judum-movement-and-governments-failure/