NARMADA BACHAO ANDOLAN
• 62 M.G Marg, Badwani, Madhya Pradesh - 451551
Telefax: 07290-222464; E-mail: nba.medha at gmail.com
•Maitri Niwas, Tembewadi, Behind Kakawadi, Dhadgav, Dist. Nandurbar,
Maharashtra - 425414 – Telefax: 02595-220620
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INDEFINITE JAIL-FAST OF NBA ACTIVISTS ENTERS SECOND DAY
Against unlawful arrests and seizure of office
Struggle intensifies with displaced gathering in thousands:
Support pours in from organizations across the country
Medha Patkar slams M.P. Govt: Charges contempt of Court
For Immediate Release:
November 1st, 2009
Thousands of displaced gathered today as well in Khandwa to lend solidarity and
support to the jailed activists of Narmada Bachao Andolan and to condemn the
malicious and brazen attempts of the Government of Madhya Pradesh to scuttle
their lawful attempts to enforce the directives of the High Court. The
displaced of Maheshwar, Upper Veda, Omkareshwar and Indira Sagar dams were
joined by representatives of various people’s organizations from within and
outside the state.
Even as the protest fast of activists Chittaroopa Palit and Ramkuwar Rawat
inside the jail continued undaunted on the second day, the Government seemed to
be investing all its energies and resources in hounding the activists, instead
of respecting the High Court’s orders and speedily rehabilitating the
displaced.
The NBA office was again searched today and shockingly, the police officials
(instead of electricity officials!!!) slapped an additional bill of Rs.
15,149/- on the Andolan for electricity charges, terming it a ‘commercial
establishment’, even though it is well-known that NBA is a people’s
organization, working for the realization of the constitutional and human
rights of the displaced. It is clear that the office is being targeted. While
it was told that activist Alok Agrawal was being taken for interrogation; he
was detained all through the night and was then framed in old cases. NBA is
contemplating legal action against such annoying tactics of the State.
Citizens groups and eminent persons from across the country have extended
support to the ongoing ‘sangharsh’ in the valley. Major Genl. (Retd).
Sudhir Vombatkere wrote to the Prime Minister and Chief Minister, terming the
arrests as repulsive to democratic resistance and demanded urgent release of
the activists and justice to the displaced. Vetern Gandhian idealogue Raha
Bhatt and Vasant Pandey of Uttarakhand Nadi Bachao Abhiyan, in a seperate
letter to the CM, demanded him re-establish the rule of law in the state.
Yesterday, activists Yogesh Diwam, Azam Khan, Sarika Sinha and others of Jan
Pehal met the Chairperson of the State Human Rights Commission, Justice (Retd)
Shri D.P. Dharmadhikary, in person and expressed serious concern on the
ersosion of democratic space in the state. The Chairperson later issued notices
to the District Collector and Superintendent of Police and demanded a Report on
the incident within 3 days.
The Government also drew flak from citizen’s groups in Bhopal, Indore,
Jabalpur, Badwani and Harda where protetsts are taking place. The Indore
Solidarity Group and People’s Union or Democratic Rights as well expressed
vocal condemnation of the arrests in seperate releases and expressed solidarity
with the Andolan. An online petition has also been circulated and more than 500
sensitive citizens and organizations have already expressed their support. The
Asian Human Rights Commission also came down heavily upon the State Government
and has issued an action altert for global support.
Meanwhile, addressing a press conference in Khandwa, today evening, Medha
Patkar along with Rajkumar Sinha of Bagri Dam Displaced and Affected
Organiation and others stated that the actions of the State Government
tantamount to contempt of Court, which it will have to answer. She said that
the administration is tarnishing its own image by leveling false allegations
against the activists.
Yesterday, a delegation along with Medha Patkar met the Collector Mr. Singh and
pressed for the immediate and unconditional release of the activists and
enforcement of the Court’s directives. He was also warned that any inaction
from the administration will not be brooked anymore and all the diasplaced are
even ready for a ‘Jail Bharo Andolan’, if their demands are not met.
Interestingly, the Staff Union at the Collector’s office also submitted a
letter of solidarity with the diplaced. Respecting their gesture, Medha Patkar
convyed that the struggle was not against the staff, but against the
thick-skinned administration that has such disrespect towards the Constitution
and the Court.
The struggle continues with some other activists joining in the fast today.
Kailash Chauhan Ashish Chauhan Gururaj Singh
Contact: Ashish Mandloi (9424855042)
Rehmat (9300833001)
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Date: 31/10/2009
To,
Hon’ble Justice (Retd.) Shri Dharmadhirkari
Chairperson,
State Human Rights Commission,
Bhopal
Madhya Pradesh
Respected Shri Dharmadhirkariji,
I would like to draw your urgent attention to an incident of grave human rights
violation in Khandwa district and seek your immediate intervention in the same.
As I had communicated to you over the phone yesterday, the unlawful treatment
of the activists and displaced who are non-violently asserting lawful rights
continues, even as twenty activists, including senior activists Chittaroopa
Palit, Alok Agrawal, Kamla Yadav, Ramkuwar Rawat are still locked up in the
jail.
On the 28th of October, thousands of farmers, adivasis, fish workers and
labourers affected by the giant Indira Sagar and Omkareshwar dams took out a
huge rally, seeking immediate enforcement of the directives of the Hon’ble
High Court with regard to the rehabilitation of the displaced. Thousands of
displaced from the Maheshwar, Upper Veda, Maan, Sardar Sarovar, Tawa, Bargi and
other dams and representatives of other people’s organizations had
participated in the peaceful demonstration.
Receiving no positive response from the administration and the NHDC with regard
to implementation of the High Court’s orders, the displaced began their
Dharna in the premises of the Collector’s office. All through the 28th and
the 29th, they were hoping for some response from the Collector and NHDC, but
all of a sudden all the senior officials fell ‘ill’ and they all refused to
meet the agitators.
When some of the people tried to go to Collector’s office in the evening and
find out the reasons, the police fell upon them in the corridor itself. Senior
activists Chittaroopa Palit, Kamla Yadav, Ramkuwar Rawat and 18 other activists
were brutally caned and arrested by the police, while the others were also
ruthlessly beaten up and drove out of the Collector’s premises.
The police then went on to foist false cases on the activists and displaced
under inappropriate provisions of law such as Sec 332, 353, 323, 294, 427 and
188 IPC. Surprisingly, one more new case on these same jailed activists was
registered yesterday under Sec 342, 147 and 452.
Further, on the 30th of October, the Anti-Terror Squad, along with the police
headed by ASI Mr. Pathak illegally raided the Narmada Bachao Andolan’s
office. In this process, they forcefully arrested senior activists Alok Agarwal
and 5 other activists and sifted through all the office papers, without any
notice. We have no clue as to what did to the papers and computers, since
activists Sangeta Kanera and Guabchand Patel were not allowed to enter the
office all through the course of the investigation, which went on for more than
an hour. Underneath is a brief time-wise description of the events:
Chronology of incidents: Time and Description of the incident
AT 5:15 p.m:
A batch of policemen under the leadership of A.S.I. Mr. Pathak, barged into the
NBA office, along with the Anti-Terror Squad (ATS) and without any intimation
or warrant, arrested senior activist Alok Agawal and 5 other activists. After
taking the activists into their custody, the office was seized and locked by
the police. When the activists sought the grounds of their arrest at City
Kothwali police station, they were not provided the same
AT 5:30 p.m:
The police again came with Vajr vaahan and entered into the Andolan’s
office. The office was searched without producing any warrant. In the process,
they cluttered up the entire documents and in the garb of investigation, messed
up with the computers and also took away some of the papers and literature from
the office. The police did not allow activists Sangeta Kanera and Guabchand
Patel to enter the office all through the course of the investigation, which
went on for more than an hour. After the search, they again went away, by
locking up the office.
AT 6:20 p.m:
The 5 other arrested activists, besides Alok Agarwal, were released from City
Kothwali.
AT 7:05 p.m:
The A.S.I. Mr. Pathak had come to the NBA office, along with some other
policemen and Alok Agarwal and unlocked the office.
In the light of the aforementioned atrocities and illegalities of the Madhya
Pradesh police and administration, we demand that the Hon’ble State Human
Rights Commission may consider the following demands in the best interests of
justice and rule of law:
1) The terror unleashed by the police and human rights violations of the
arrested displaced and activists must be taken up with utmost seriousness and
the Commission may urgently recommend / direct their unconditional release.
2) The baseless and false allegations (and related cases) of destroying
public property in the Collector’s office be dropped, as the activists did
not enter the Office at all, in the first instance. Their arrests were made
from the Corridor in the Collectorate and the office of NBA.
3) Ensure that the orders of the Hon’ble Jabalpur High Court are
implemented and that the human rights of the displaced persons are guaranteed.
4) Demand an answer from the State Government for the terrorizing treatment
it has meted out to the peacefully agitating displaced and activists, seeking
lawful implementation of the Court’s orders for realizing their right to life
and livelihood.
5) Take appropriate steps to guarantee and safeguard the constitutional right
to peacefully agitate for the protection of one’s life and livelihood,
freedom of speech and expression and the freedom of association.
6) Investigate, identify and take necessary legal action against all the
police officials responsible for the illegal arrest and detention of activists
Alok Agarwal and others.
7) Direct the state Government to adequately compensate the activists and
displaced for the physical and mental injury and agony caused to them.
I earnestly reiterate that the terror unleashed on the activists and displaced
seeking the implementation of the Court’s order is nothing less that a
challenge to the rule of law in the state. It is in this context that your role
as the Chairperson of the State Human Rights Commission becomes extremely
significant to establish the rule of law and common people’s faith in the
legal system.
We hope that you would take this incident of gross human rights with all the
seriousness it deserved and initiate appropriate action immediately.
With sincere regards
Medha Patkar
(09423965153)
Issues and Demands of the ISP and OSP displaced:
Indira Sagar Project:
1. Immediately implement the Orders of the Hon’ble High Court of Jabalpur
dated 08-09-2006 and 2-09-2009 issued in the writ petition filed by Narmada
Bachao Andolan, directing grant of 5 acres agricultural land to all adult sons
and unmarried daughters of every affected farmer.
2. The displaced labourers must be given rights over the land under partial
submergence (thousands of acres of talak zameen) as they would reap the
benefits of the wheat crop in the rains and the summer crop, when the water
recedes, and can thus earn a respectable livelihood.
3. The displaced fish workers in the Indira Sagar project affected areas are
being subjected to physical assault and hooliganism which must be immediately
stopped and the right to fishing must be granted to the fish workers and not
the contractors.
4. NHDC has occupied the agricultural lands by paying paltry sums of
compensation and the farmers have not be able to purchase land again. It is,
therefore, necessary that the Special Rehabilitation Grant being given for the
lands must be on par with the Harda command rate of at least 1.5 lakhs to 2
lakhs per acre.
5. The thousands of houses in the ISP submergence area, which are excluded
even to this day, must be acquired and appropriate compensation be paid
immediately.
6. The houses in all such villages where the lands have submerged and there
is no other alterative source of livelihood must be immediately acquired and
lawful compensation and rehabilitation must be urgently provided.
7. There is rampant corruption in the rehabilitation of the ISP displaced,
particularly in the Harda district. The rehabilitation entitlements are being
reaped by the agents and middlemen with the connivance of the officials, which
must be immediately stopped and an independent inquiry into the same initiated
and the guilty punished.
8. The livelihood of all those in the resettlement colonies must be
guaranteed and BPL ration cards be issued to them immediately along with the
provision of other civic amenities such as schools, drinking water, hospital
etc.
9. It astonishes that until now; even the lists of families are not
finalized in many of the villages. This should be immediately undertaken and
the affected families must be provided all the rehabilitation entitlements
which they are deprived of, until now.
10. All the left-out villages upto Handia and Nemavar in
the Indira Sagar submergence area must be surveyed on a war-footing and the
affected families be granted compensation and rehabilitated.
11. Along with the acquisition the less than 25% of
remaining land, any other assets also must be acquired.
12. Where the houses are in submergence, but the lands
are not, resettlement sites must be established with a radius of 1 km
13. The scale indicating the water-level at the Indira
Sagar dam site has been maliciously erased by NHDC, which is a matter of grave
concern. A new scale, indicating the correct water level must be immediately
put in place, in a transparent manner.
Omkareshwar Project:
1. All the project-displaced must be fully and fairly rehabilitated as per
the Orders of the Hon’ble Supreme Court and Jabalpur High Court by giving
irrigated and cultivable land.
2. The Government should not give already encroached lands as this would
jeopardize the livelihoods of other poor and create social tensions and
insecurity to the displaced.
3. The Orders of the Hon’ble High Court dated 23-09-2009 and all other
orders must be immediately and fully implemented.
4. The displaced must be given house plots of their choice in the command
area as per the judicial orders and the Rehabilitation Policy.
5. The houses that have been left out must be acquired and the affected
duly compensated, as per law.
6. The farmers have been given paltry amounts as compensation. Special
Rehabilitation Grant for the agricultural lands should be given at the rate of
at least 1.5 lakhs to 2 lakhs per acre.
7. The fishing rights in the reservoir should in no case be given to the
contractors. Instead full rights should be granted to the displaced fish
workers on a priority basis.
8. All families who are arbitrarily excluded of or denied the due
entitlements of rehabilitation should be given the same immediately, including
house plots, livelihood grants etc.
9. NHDC must be punished as per law for its criminal act of causing the
death of hundreds of people in Dharaji due to the sudden release of waters in
2004. NHDC should also be brought to book for the tragic death of an adivasi
infant, last month in Kamankheda who died due to a sudden increase in the water
level.
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