I/II.
http://www.bbc.co.uk/news/world-south-asia-14036176

5 July 2011 Last updated at 17:04 GMT
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Indian court rules anti-Maoist militia unconstitutional

India's Supreme Court has told the authorities in Chhattisgarh state to
disband civilian militias because they are unconstitutional.

The judgement is being seen as a significant blow to the state government.

The government regards the armed groups as an important part of its battle
against Maoist insurgents.

Chhattisgarh is one of the states at the heart of the Maoist rebel
insurgency.

The Supreme Court ruling covers two types of armed group.

Special Police Officers (SPOs) have a semi-official status. They receive
small salaries from the government, are armed by the authorities and have
basic training.

The Salwa Judum movement is less formalised. The government has sometimes
described it as a spontaneous response to the Maoist insurgents.

But the authorities have certainly supported them, encouraging villagers to
organise themselves into anti-Maoist forces, says the BBC's Jill McGivering,
who has visited the area.

Some of these villagers also received training and guns.
Human rights concerns

Our correspondent says these local groups do have clear advantages over
India's paramilitary forces.

They have a specialist knowledge of the jungle terrain and nearby
communities and can understand local dialects. They can also provide
valuable intelligence to the security forces.

But there have been human rights concerns about their role as armed law
enforcers, partly because of the lack of clarity about their powers and
accountability.

Some of them have been accused in the past of attacks on other villages, of
destroying houses and killing people who were allegedly pro-Maoist.

Critics say that the fact they have government support and can act with
impunity has also undermined the rule of law and blurred the lines between
fighters and civilians.

A key question is how effectively the Supreme Court ruling will be
implemented. Monitoring the process will not be easy in the state's remote
forests.

The ruling could have implications, too, for other Indian states with
similar state-supported militias.
II.
http <http://www.bbc.co.uk/news/world-south-asia-14036176>
://www.thehindu.com/news/national/article2162118.ece<http://www.thehindu.com/news/national/article2162118.ece>


RAIPUR, July 5, 2011
Chhattisgarh SPOs to be confined to camps following SC orderAMAN SETHI

On Wednesday morning, 5269 young men across Chhattisgarh will surrender
their claims to an assortment of high-powered rifles and settle into guarded
camps for a period of uneasy inaction. Till Monday, these Special Police
Officers (SPOs) served at the frontlines of the State government’s battle
against the guerilla army of the banned Communist Party of India (Maoist).

On Tuesday, the Supreme Court directed the Chhattisgarh police to
“immediately cease and desist from using SPOs in any manner or form in any
activities, directly or indirectly, aimed at controlling, countering,
mitigating or otherwise eliminating Maoist/Naxalite activities” and directed
the police to recall all firearms issued to these men.

The Court delivered its order in the matter of Nandini Sundar (and others)
versus the State of Chhattisgarh, holding that the deployment of
semi-literate tribal youth in anti-Maoist operations violated articles 14
and 21 of the Indian constitution that guarantee equality before law and
protection of life and personal liberty.

“We shall follow the orders of the court,” said Director General of Police,
Vishwa Ranjan in an interview, “All SPOs shall be confined to their camps
and shall be protected by the regular police force.”

Chhattisgarh Chief Minister’s spokesperson, N. Bajinder Kumar said the State
government respects the orders of the Supreme Court, but was yet to examine
the order in detail.

The use of SPOs in counterinsurgency in Central India has proved
controversial. While officers of the State police and central paramilitary
forces insist that SPOs provide crucial intelligence and information about
the terrain and tactics of the Maoists, human rights activists have accused
the union and State governments of raising an unaccountable vigilante force
that pits tribal against tribal.

Today, the court appeared to favour the latter argument, stating that “the
young tribals have literally become canon fodder in the killing fields of
Dantewada and other districts of Chattisgarh.”

SPOs are appointed under provisions of the Chhattisgarh Police Act of 2007
which empowers a district Superintendent of Police to recruit special
officers on a temporary basis. Most consist of young tribal men between 18
and 25 years of age, many of whom are surrendered Maoist cadres or victims
of Maoist violence.

An affidavit filed by the State of Chhattisgarh states that SPOs are given
six months of training, an honorarium of Rs. 3000 per month, and are used as
“force multipliers” in the battle against hardened Maoist guerillas. The
SPOs, the affidavit continues, are being used in operations to compensate
for the shortage of adequate troops. Taken together, the State currently has
40 battalions (about 40,000 troops) of central paramilitary soldiers, and
armed police in addition to 5269 SPOs; of which nearly 4000 SPOs are
deployed in the violence-wracked districts of Dantewada and Bijapur.

DGP Vishwa Ranjan maintains that his regular force is sufficient for current
anti-Maoist operations in the state. “Initially, we relied more heavily on
SPOs as they knew the locations of Maoist camps and bases.

Now everyone in the police is aware of these locations,” he said, pointing
out that the SPOs constituted a small percentage of the fighting force.

At present, SPOs shall be confined to their camps and shall continue to draw
salaries, but their future is uncertain. “The police should simply promote
them all and make us regulars,” said an SPO commander speaking under the
condition of anonymity, “Without us, no outside force — be it army, police
or CRPF — will be able to fight the Maoists.”

However, that prospect appears unlikely. “You need to have passed your
matriculation to become a regular policeman,” said an officer, “Only about
10 per cent of SPOs meet those criteria. They will sit in their camps until
the State government takes a decision.”
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