> *AMNESTY INTERNATIONAL INDIA* > > > *PRESS RELEASE* > (Note: Hindi press release is attached in the email) > > Bengaluru > > 11 May 2017 > > > > *Scheduled Tribes panel order on unlawful land transfers is welcome*A > recent order by the National Commission for Scheduled Tribes to the > District Magistrate in Raigarh, Chhattisgarh directing action in cases of > unlawful transfer of Adivasi land is a positive move, said Amnesty > International India today. > > On 9 May, the National Commission for Scheduled Tribes (NCST) directed > action to be taken under the Scheduled Castes and Scheduled Tribes > (Prevention of Atrocities) Act – a special law to protect the rights of > Dalit and Adivasi people – in cases where Adivasi land was transferred to > other people through forgery. The order follows recent allegations that > over 300 acres (121 hectares) of Adivasi land had been unlawfully > transferred to non-Adivasis in Kunkuni village, Raigarh between 2009 and > 2015. A farmer named Jailal Rathiya who had filed a petition in the > Chhattisgarh High Court in relation to the transfer was found dead in March > 2017. > > “The dispossession of Adivasi land without their free, prior and informed > consent is widespread in Chhattisgarh. The NCST’s recognition that this > amounts to a crime against Adivasi communities is a welcome development,” > said Karthik Navayan, Programmes Manager, Business and Human rights at > Amnesty International India. > > “Government authorities must Protect Adivasi rights and bring to book > those who violate the law.” > > Several members of local communities in villages in Raigarh have told > Amnesty International India that they had been forced into selling their > land through threats, intimidation, coercion and misinformation. > > The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, > 1989, (PoA Act) criminalizes the wrongful dispossession or interference > with the lands of Scheduled Castes and Scheduled Tribes. In January 2016, > Parliament passed an amendment to the Act, which, among other things, > inserted an explainer stating that the word “wrongfully” included > dispossession or interference done “against the person’s will”, “without > the person’s consent”, or “with the person’s consent where such consent has > been obtained by putting the person, or any other person in whom person is > interested, in fear of death or hurt”. > > In June 2016, the Kerala police registered a First Information Report > under the PoA Act against officials of a Coca-Cola subsidiary for alleged > pollution and groundwater exploitation. > > The NCST order also highlights the intimidation and threats faced by human > rights activists. An independent and impartial investigation must be > conducted by authorities into the death of Jailal Rathiya. The NSCT also > directed authorities to ensure that unlawfully transferred land to return > to its original owners. > > Under international human rights law and standards, states have an > obligation to protect the rights of Indigenous peoples to free, prior and > informed consent on decisions that affect them. This right is recognized in > the UN Declaration on the Rights of Indigenous Peoples, and also by the > International Covenant on Civil and Political Rights and the International > Covenant on Economic, Social and Cultural Rights, to which India is a state > party. > > Indian laws such as the Panchayat Extension to Scheduled Areas Act and the > Scheduled Tribes and Other Traditional Forest Dwellers Act also require > authorities to consult, and in some cases seek the consent of, Adivasi > communities before acquiring or using land. However laws such as the Coal > Bearing Act Areas Act ignore this right, undermining communities’ security > of tenure. > > ***** > > *For more information, please contact,* > Smriti Singh > +919818890199 <098188%2090199> > [email protected] > > > -- > *Smriti Singh | Senior Media Officer** | * > *Amnesty International India* > M: 09818890199 <098188%2090199> > email: [email protected] >
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Press Release_NCST_110517_hindi.pdf
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