02.10.2007 - Source: BBC News

Thousands of landless farmers and tribal people are setting out on a massive protest march to raise awareness about land rights ("India tribals begin massive march") [ID 21363]

Document(s): Open document

03.07.2007 - Source: Amnesty International

Orissa: Adivasi communities are protesting against the loss of their land; recent talks between Adivasi representatives and those of the Orissa state government failed in May; the displacement affects millions of people ("Adivasi communities under fire in India") [ID 20863]

Document(s): Open document

04.06.2007 - Source: BBC News

Delhi: Hundreds of Indian tribal protesters block main roads into Delhi in a row over affirmative action policy ("Tribal protests spread to Delhi") [ID 20922]

Document(s): Open document

04.06.2007 - Source: BBC News

An Indian tribal group calls off protests after a week of violence over demands for government benefits ("Tribal group drops India protest") [ID 20924]

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06.03.2007 - Source: US Department of State

National/Racial/Ethnic Minorities ("Country Report on Human Rights Practices 2006") [ID 20366]

"In December 2005 parliament passed a constitutional amendment providing reservations to scheduled castes, tribes, and the other backward classes in non-minority, unaided, private educational institutions.    On December 22, parliament passed a bill to make 27 percent reservation mandatory for scheduled castes and backward classes in all educational institutions.   

On April 10, the Supreme Court requested from the central government, all state governments, the NHRC, and the National Commission for Scheduled Casts and Scheduled Tribes information on the creation of offices and appointment of officials to monitor atrocities against Dalits. The request responded to an NGO petition seeking the formation of monitoring cells under the Scheduled Castes and Tribes (Prevention of Atrocities) Act of 1989. The NGO stated that the conviction rate under the act was 1 percent, and a dedicated office was needed to ensure that crimes against Dalits and tribals received adequate attention and speedy justice.    In July the Supreme Court passed a judgment stating that the police and government are obliged to help inter-caste couples and prevent social ostracism. In September, the Ministry of Social Justice and Empowerment directed state governments to increase the incentive for inter-caste marriage by central government to $1,050 (Rs 46,000). The central government pays 50 percent.  "

Document(s): Open document

06.03.2007 - Source: US Department of State

Discrimination against tribal people ("Country Report on Human Rights Practices 2006") [ID 20369]

"Despite constitutional safeguards, the rights of indigenous groups in eastern parts of the country often were ignored. The NCRB reported 5,713 crimes against Scheduled Tribes in 2005. Indigenous peoples suffered discrimination and harassment, were deprived of their land, and subjected to torture and to arbitrary arrest.   

There were also instances of violent tribal/nontribal conflict. For example, on January 1, 12 tribals and one police officer were killed after clashing during a protest against the building of a steel plant on tribal land in Jaipur, Orissa. Eight other tribals were injured. The tribals, reportedly upset with the land compensation package, attacked police with bows and arrows after authorities attempted to disburse the mob with tear gas. Police fired into the rioters after a police officer was killed. The government compensated each victim's next of kin with $2,200 (Rs 97,000).

In March approximately 200 villagers tried, sentenced to death, and publicly beheaded a family of tribals for practicing "black magic" in the Sonitpur district of Assam. The villagers accused the father, a traditional healer, of causing an unspecified disease that killed two villagers and made others sick. After executing him and his four children, the mob marched to the local police station with the heads and chanted slogans denouncing witchcraft. Police arrested six of the villagers. According to press reports, police records indicate approximately 200 Assamese were killed in the last five years for practicing witchcraft.

Civil rights organizations, working with indigenous people in Kodagu district of Karnataka, accused the state government of actively promoting the establishment of jungle lodges in the Nagarhole National Park at their expense. The groups alleged that 1,600 families have been evicted since 1972, when the government declared forests in the district part of the National Park. The organizations alleged that individuals removed from the park area were settled in locations that lack fresh drinking water, electricity, health care, adequate job opportunities and access to forests. A civil rights organization, Budakattu Krishikara Sangha, approached the state High Court in 2003 seeking an order to direct the state government to provide basic facilities to effected tribals in those areas. During the year the court committee found that only 250 of the 1,738 families had been relocated.
"

Document(s): Open document

03.01.2007 - Source: Asian Centre for Human Rights

One year after the Kalinganagar massacre on 2 January, when 12 Adivasis were killed by police, there is no justice, compensation or sound policy on rehabilitation for the displaced ("The Displaced India: From Kalinganagar to Singur") [ID 18761]

Document(s): Open document

13.12.2006 - Source: Asian Centre for Human Rights

Violations of the rights of indigenous peoples ("SAARC Human Rights Report 2006") [ID 18225]

"Over 84 million indigenous/tribals peoples of India, known as the Scheduled Tribes, continued to be disproportionate victims of “development”, displacement and dispossession. Many tribal communities including Birhores of Jharkhand,[118] Karbongs of Tripura,[119] the Great Andamanese, Onges, Shompens, Jarawas, and Sentinelese of Andaman and Nicober[120] have been facing extinction. In 2002, the Supreme Court ordered the closure of those parts of the Andaman Trunk Road that run along and through the Jarawa Tribal Reserve as it threatens their survival. But the Andaman Trunk Road continued to remain open in gross violation of the Supreme Court orders.[121] a. Atrocities against tribals According to the 2005 Annual Report of the National Crime Records Bureau, a crime against the tribals was committed in every 29 minutes. In 2005, a total of 5,713 cases against Scheduled Tribes were reported in the country as compared to 5,535 cases in 2004 showing an increase of 3.2% in 2005 from 2004. These included 1,283 cases reported under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 and 162 cases under the Protection of Civil Rights Act. Although the average charge-sheeting rate for the crimes against the STs was 91.6 per cent, the average conviction rate was only 24.5%. A total of 8,273 persons (83.8%) out of 9,870 persons arrested for crimes committed against Scheduled Tribes were charge-sheeted but only 24.2% were convicted consisting of 1,934 persons out of 7,981 persons against whom trials were completed.[122] In many cases, the SC/ST (Prevention of Atrocities) Act of 1989 was never invoked to prosecute the accused. On 28 April 2005, Rameshwar Steels' factory manager Dinesh Gupta and security guard Remaul Kujur in Raipur, Chhattisgarh allegedly forced two Adivasis identified as Shyam Lal and Shadanand to sit on burning iron plates on the charges of stealing raw material from the factory. The tribal victims reported the matter to local police at Gharghora police station but their complaint was allegedly not entertained.[123] In addition, the tribals were often intimidated to withdraw the cases.[124] On 20 October 2005, a Gond tribal identified as Suraj Singh Gond, the president of the Teacher-Guardian Association of the village school, was allegedly burnt alive by members of an upper caste family at Kataria village under Katni district of Madhya Pradesh.[125] Suraj Singh Gond had refused to withdraw the complaint of theft of school material against the accused.[126] On 10 November 2005, two tribal village leaders identified as Dinu Gurjibhai Gamit and Rameshbhai Melekbhai Gamit of Motherkui village were reportedly beaten up with sticks and poles in front of the public by the police officers at Areth police outpost under Mandvi police station in Surat district of Gujarat. The victims were arrested on the basis of a case filed at Mandvi police station (number 113/2005) on 8 November 2005 by Haribhai Parmar after the Gram Panchayat, Village Council, passed a resolution against the quarry of Haribhai Parmar. The quarry was illegally operating and adversely affecting the environment and health of the villagers. On 9 November 2005, both the tribal leaders were granted bail by the Magistrate Court in Bardoli but the police registered a new case against them and detained and tortured them.[127] Tribal women were extremely vulnerable to sexual violence. In 2005, a total of 640 rape cases were reported against the Scheduled Tribe women as compared to 566 cases in 2004. During 2005, Madhya Pradesh reported the highest number of rape cases against Scheduled Tribe women (294) accounting for 45.9 percent of the total rape cases of tribal women in the country.[128] On the night of 9 December 2005, the right hand of a tribal woman Kamlabai was chopped off in an attack on her family by the upper caste men at Nigari village in Raisen district of Madhya Pradesh. The attack was made following her refusal to withdraw her complaint of rape against two upper caste villagers Manmod Singh Mehra and Siyaram Raghuvanshi despite repeated warnings. The assailants barged into the house of the victim, dragged her to the courtyard and brutally chopped off her hand with an axe after tying her hands and feet. They also beat up her family members and set afire the house. The victim had filed a rape case against Manmod Singh Mehra and Siyaram Raghuvanshi with Silwani police station on 9 April 2002. On 27 September 2005, the victim's sister filed another complaint alleging rape by Manmod Singh Mehra.[129] The police arrested five persons identified as Manmod Singh, a schoolteacher, Devi Singh, Premnarayan, Ramsevak and Dinesh Raghuvanshi in connection with the attacks on 9 December 2005.[130] b. Land alienation and displacement The tribals constituted 8.2 % of the total population of India according to the 2001 census. But they also constituted 55.1% of the total displaced persons as a result of socalled developmental projects like dams, mining, industries and conservation of nature. The Sardar Sarovar Project, the largest dam being constructed on the Narmada river would displace 400,000 persons including 200,000 by the reservoir at the proposed height of 136.5 meters.[131] In November 2005, the Narmada Bachao Andolan (NBA) alleged that the Narmada basin States were violating the Supreme Court order of March 2005 in the Sardar Sarovar Project case by disbursing cash to the displaced families instead of providing “land for land.”[132] Earlier in September 2005, the Government of Madhya Pradesh informed the Narmada Control Authoritty that out of 30,690 families to be affected in 177 villages by Sardar Sarovar Project at the proposed dam height of 121.92 metres, 17,288 had been resettled including 4,262 families in Gujarat. The remaining 13,402 families were yet to be resettled. These included a backlog of 13,233 families at the current height of the dam, which was 110.64 metres at the end of 2005.[133] These figures were contested by the NBA. The Jharkhand Government reportedly signed over 42 MoUs with investors including Mittal Steel, Tata Steel, Jindal Steel and Power Company Limited worth about Rs 1,69,198.26 crores since Jharkhand became a state in 2000. Approximately 47,445 acres of land would be required for the projects in mineral-rich Kolhan Region, which was likely to affect about 10,000 families and cause deforestation of 57,15 kms land.[134] A study by People's Union for Civil Liberties showed that over 74 lakh tribals were displaced in Jharkhand by different projects between 1950 and 1990. Out of them, only 18.45 lakhs displaced tribals were rehabilitated.[135] During 2002-2005, the Orissa government signed 42 MoUs with companies for proposed steel and other plants in the state and thousands of tribals would be displaced.[136] The MoU with Korean steel major Pohang Steel Company (Posco) signed on 22 June 2005 for setting up a steel plant at Paradeep in Jagatsinghpur district in Orissa with a total investment of $12 billion would displace around 4,000 tribal families.[137] About 1.4 million people, most of them tribals, have been reportedly displaced in Orissa between 1951 and 1995 due to dams, canals, mines and other industries. Majority of the displaced persons have not received compensation and rehabilitation. Another 80,000 to 1,00,000 tribals from 50 villages in Subdega and Balisankra blocks in Jharsuguda district of Orissa faced imminent displacement due to the proposed dam on the Ib river.[138] In October 2005, the Central government reportedly granted “forest and environmental clearance” to the multi-purpose Polavaram project being built across the Godavari river at Polavaram in West Godavari district of Andhra Pradesh.[139] The proposed 46-metre high Polavaram multi-purpose dam is likely to displace nearly 2,00,000 people, of which about 150,000 are tribals. The Union Ministry of Environment and Forests also admitted that about 193,350 persons would be displaced in three states - Andhra Pradesh (175,275), Orissa (6,316) and Chhattisgarh (1,766).[140] c. Repression under the forest laws Thousands of petty cases have been lodged against the tribals under the Forest Act of 1927. On 8 November 2005, the Forest Department of Chattisgarh reportedly decided to close 2,57,226 forest cases registered against 1,62,692 tribals between 1953 to 30 June 2004 under Sections 26, 33 and 41 of the Indian Forest Act 1927 pertaining primarily to illegal felling of trees for domestic use and ferrying of wood by bullock carts.[141] On 11 March 2005, Chief Minister of Orissa, Navin Patnaik stated that his government withdrew 2531 cases against the tribals, and returned 1183.40 acres of land to the tribals.[142] The opposition leaders in Orissa contested the claims of the Chief Minister.[143] Tribals faced false prosecution because of the connivance of the mafia and the police and the forest officials. On 8 June 2005, the timber mafia in alleged connivance with the forest officials attacked and burnt the houses of Agaria tribe at Kumba Kurd village under Nagar Untari police station limits of Garhwa district in Jharkhand after the tribals opposed the activities of the timber mafia. One eight-month-old baby was reportedly burnt alive and 140 huts of the Agaria tribe were burnt to ashes. A case was lodged with Nagar Untari police station against 23 persons including 13 forest officials. On the other hand, the forest department lodged an FIR against the Agaria tribals on the basis of which the police swiftly arrested eight Agaria tribal villagers. But the police refused to take action against the accused forest officials.[144] The Supreme Court-appointed Central Empowered Committee in its report submitted on 29 April 2005 stated that the State government of Kerala could transfer forest land to tribals if compensated with afforestation programmes. The State government was reportedly willing to resettle 53,000 tribal families in the forests of Muthanga Sanctuary by transferring nearly 7,000 hectares of forest land.[145] But the Kerala government failed to take action into the Muthanga firing incident of Feburary 2003.[146] The government also failed to place the Scheduled Tribes (Recognition of Forest Rights) Bill 2005, which seeks to protect the rights of those who had been occupying forestland prior to October 1980, before the parliament. d. Encroachment by non-tribals Despite various laws prohibiting transfer of tribal lands to non-tribals, alienation of the tribals' lands continued unabated. In 2005, the government of Jharkhand identified 1500 tribals in Ranchi who had lost their land to outsiders and decided to give back physical possession of their land under an action plan drawn up by the land revenue department.[147] The non-tribals encroached upon the tribal lands and harassed them by filing false cases with the police.[148] In Assam, a report tabled before the State Assembly on 6 April 2005 by the State Revenue Minister Goutom Roy stated that over 2.20 lakh bighas of tribal land were either transferred to or encroached upon by non-tribals in the state. This included tribal land measuring 1,77,082 bighas in Lakhimpur, 518 bighas in Goalpara, 4,867 bighas in Nalbari, 4,451 bighas in Barpeta, 14,895 bighas in Dhemaji, 417 bighas in Morigaon, 5,366 bighas in Dhubri, 2,21,257 bighas in Udalguri and 196 bighas in Kamrup districts.[149]"

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06.12.2006 - Source: Asian Centre for Human Rights

Forcible and illegal acquisition of agricultural lands, December 2006 events in West Bengal ("Atrocities at Singur, India: A matter of rights of the dispossessed") [ID 18942]

Document(s): Open document

23.05.2006 - Source: Amnesty International

Jahresbericht 2006 ("Annual Report 2006") [ID 15838]

"In einigen Bundesstaaten in der Mitte und im Osten Indiens, in denen die traditionellen Siedlungsgebiete der Adivasis liegen, kam es verstärkt zu gewalttätigen Auseinandersetzungen, an denen bewaffnete Gruppen und die staatlichen Sicherheitskräfte beteiligt waren."

Document(s): Open document

23.05.2006 - Source: Amnesty International

Annual Report 2006 ("Annual Report 2006") [ID 17253]

"Adivasi communities in several states continued to face great pressure from dam and mining development projects, expansion of modern forms of agriculture and settlements. Legislation aimed at recognizing and guaranteeing the rights of these communities to access forest areas and resources was under debate in the Indian parliament at the end of the year."

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24.03.2006 - Source: BBC News

Hundreds of tribes people attacked steel plant demanding jobs for people having been displaced by construction of site ("Tribals attack India steel site") [#47596],  [ID 6577]

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09.03.2006 - Source: Amnesty International

Chattisgarh: Civilians, including adivasis, affected by escalation of ongoing violent conflict between Maoist People's War Group (PWG) and Salwa Judum group, trying to eradicate PWG ("India: AI expresses concern over the safety of civilians, including adivasis, caught in escalating conflict in Chattisgarh [ASA 20/008/2006]") [#46220],  [ID 6578]

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05.02.2006 - Source: BBC News

Madhya Pradesh: Tribespeople accuse the government of trying to throw them out of the jungle, where they have lived for a long time; government denied these accusations ("India tribesmen defy jungle ban") [#43524],  [ID 6579]

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18.01.2006 - Source: Amnesty International

Orissa: Police officials reportedly used excessive force during protest by indigenous people of Munda adivasi community at Kalinga Nagar in Jajpur district; at least 12 adivasis and 1 policeman killed ("India: Excessive use of force against adivasi protestors in Orissa [ASA 20/003/2006]") [#42287],  [ID 6580]

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17.01.2006 - Source: BBC News

Jharkhand state: Police arrested tribal leader after reports that tribal council ordered couple accused of adultery to be lynched ("Indian tribal held over lynching") [#42233],  [ID 6581]

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05.01.2006 - Source: BBC News

Orissa: 12 tribespeople and policeman killed after officers opened fire on protesters ("Orissa clash officers transferred") [#41396],  [ID 6582]

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02.01.2006 - Source: BBC News

Orissa: At least 6 people killed in clashes between Indian police and hundreds of tribespeople in Kalinganagar ("Six die in India steel plant demo") [#41227],  [ID 6583]

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23.12.2005 - Source: BBC News

Assam: 2 Bodo tribal student leaders shot dead by railway guards ("Students die in Assam train row") [#40906],  [ID 6584]

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09.12.2005 - Source: BBC News

More than 40,000 Karbi and Dimasa tribes people left homeless in Karbi Anglong, a hill district in Assam, since fighting broke out between militias of the two tribes ("Assam's paths of violence") [#40466],  [ID 6585]

Document(s): Open document

05.12.2005 - Source: BBC News

Assam: More than 125 people killed in clashes between two rival tribal guerrilla groups in recent weeks ("Assam gets shoot-on-sight policy") [#40198],  [ID 6586]

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22.10.2005 - Source: BBC News

Assam: Around 30,000 people displaced by clashes between Karbi and Dimasa tribes which left some 90 people dead ("Thousands flee Assam tribal feud") [#38243],  [ID 6587]

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18.10.2005 - Source: BBC News

Assam: 34 members of Karbi tribe killed by Dimasa tribal militants in 2 separate incidents; nearly 70 people were killed since clashes between Dimasas and Karbis started in early September ("Troop alert after Assam massacre") [#37865],  [ID 6588]

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01.10.2005 - Source: BBC News

Meghalaya: 7 people killed in Williamnagar and 5 in Tura when police opened fire on students protesting against planned educational reforms that created divisions with Khasi tribe ("Indian curfew after students shot") [#37218],  [ID 6589]

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05.2005 - Source: Human Rights Watch

Report on reconstruction following 2004 tsunami (impact of and response to tsunami, addressing needs of vulnerable populations, neglected communities, caste-based discrimination, barriers to re-establishing livelihoods, inadequate shelter and protection from forced relocation) ("After the Deluge: India’s Reconstruction Following the 2004 Tsunami") [#49014],  [ID 6590]

"[...]Perhaps the most serious widespread and systemic problem that arose during the relief effort was discrimination against Dalits and tribal groups by individuals from higher castes.100 Most local aid workers interviewed by Human Rights Watch stated that it was not the government or the relief agencies that were primarily to blame for discriminating against the Dalits, tribals, and other lower caste groups in Tamil Nadu, but rather the higher caste groups within the community itself, particularly the Meenavar fishermen.[...]
Members of tribal communities also faced similar problems. People from the local fishing communities, claiming that the supplies were for them, stopped a local NGO that tried to take emergency rations to a settlement inhabited by members of the Irular tribe in Tamil Nadu. Others were simply forgotten in the initial days after the tsunami because the tribal groups, at the bottom of the social order, are unused to lobbying for their rights. [...]"

Document(s): Open document

13.01.2005 - Source: Human Rights Watch

Annual report on human rights situation in 2004 ("World report 2005") [#28211],  [ID 6591]

"[...]Indigenous peoples, or Adivasis, have suffered from high rates of displacement. Scheduled Tribes that make up 8 percent of the total population constitute 55 percent of displaced people. This has had a serious effect on the overall development of these communities, particularly tribal children. The government continues to use the Land Acquisition Act of 1894 to displace the indigenous peoples from their lands without sufficient compensation, as is evident in the Narmada Valley Development Project. Tribal groups who have converted to Christianity have been targeted for attack by extremist Hindu organizations. [...]"

Document(s): Open document

12.01.2005 - Source:

Background information on Bru National Liberation Front [ID 6592]

"The Bru National Liberation Front (BNLF) is an armed outfit of the Reangs and is currently engaged in negotiations with Mizoram government. [...]"

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16.12.2004 - Source:

Background information on People’s Liberation Front of Meghalaya (PLF-M) [ID 6593]

"[...]The claimed objective of the PLF-M is economic development of the Garo Hills, as well as better educational opportunities for the Garo tribes in Meghalaya. It also demands a separate state for the Garos. In this regard, Chengku Momin, the ‘minister for information and publicity’ of the PLF-M had warned all the non-Garos, in March 2001, not to contest the State Assembly and district council elections slated for 2003. [...]"

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16.12.2004 - Source:

Background information on Hynniewtrep National Liberation Council (HNLC) [ID 6594]

"[...]An important objective of the HNLC is to transform Meghalaya as a province exclusively for the Khasi tribe and free it from ‘domination’ by the Garo tribe. Another objective is to fight against the presence of 'outsiders', as the HNLC feels that Khasi youth are deprived of the fruits of development in the state. [...]"

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16.12.2004 - Source:

Background information on Zomi Revolutionary Organisation/ Zomi Revolutionary Army [ID 6595]

"[...]The purported objective of the ZRO/ZRA is to protect the interests of the Paite community from the ‘onslaught of any community or group’. It further attempts to bring all the Zomi people, divided by artificial State boundaries in various countries, specifically in Myanmar (Chin State), India (Manipur and Mizoram) and Bangladesh (Chittagong Hills Tracts), together under one administrative unit, a ‘Zogam’, which means ‘land of the Zomi’ under the Indian Union. [...]"

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16.12.2004 - Source:

Background information on Kuki National Front [ID 6596]

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12.12.2004 - Source:

Background information on United Liberation Front of Barak Valley (ULFBV) [ID 6597]

"[...]The ULFBV was formed with the purported objective of creating a separate homeland for the tribal population in the Karimganj and Hailakandi districts of Assam. [...]"

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12.12.2004 - Source:

Background information on Hmar People's Convention- Democracy [ID 6598]

"Hmar People's Convention- Democracy (HPC-D) is an offshoot of the Hmar People's Convention (HPC), which came into existence in 1986, as a political party spearheading a movement for self-government in the north and northeast of Mizoram. The Hmars, who according to the 1991 census, were 12,535 in number in Mizoram, were disappointed with the contents of the Mizo Peace Accord of 1986, which failed to address their demand of a 'Greater Mizoram' integrating all areas inhabited by Hmars in Mizoram, Assam and Manipur under a single administrative unit.[...]"

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12.12.2004 - Source:

Background information on Rabha National Security Force (RNSF) [ID 6599]

"Rabha National Security Force (RNSF) was formed by a group of youth belonging to the Rabha tribe to carve out a separate Rabha hasong (Rabhaland), comprising Goalpara, Bongaigaon and Dhubri districts, outside Assam through armed struggle. Although the RNSF is still in a nascent stage it has established close ties with the most active militant outfit of Assam-- United Liberation Front of Asom (ULFA). Reports indicate that the RNSF is also trying to forge links with other insurgent groups operating in India’s Northeast. Jabrang Rabha is the self-styled Commander-in-Chief of RNSF. The outfit has a cadre strength of about 120, of whom 40 are being imparted arms training by ULFA along the border of Meghalaya.[...]"

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08.11.2004 - Source: Human Rights Watch

Issues of particular concern, highlighted (discrimination against marginalized groups, impunity of security forces, misuse of counter-terrorism laws, failure to protect the rights of children) ("EU: Engage India on Human Rights") [#26851],  [ID 6600]

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10.2004 - Source: UK Home Office

Scheduled castes and tribes ("Country Report - October 2004") [#28325],  [ID 6601]

"[...]According to a UNHCR background paper dated October 1998, they include India's aboriginal inhabitants, or Adivasis, who comprise nearly 200 ethnic and culturally distinct peoples who speak more than 100 languages. They are represented in Parliament but as theirs is usually a minority vote, legislation favourable to their interests can be impeded by vested interests. [6e](p17)
[...]
6.347 According to a United Nations report dated June 1996, the National Commission for Scheduled Castes and Tribes was established in March 1992. It serves to ensure observance of the measures taken to promote the educational and economic interests of these groups. These include reservation of seats in public services, administration, Parliament and State legislatures, and the setting up of advisory councils and separate departments for the welfare of vulnerable groups. The Commission has the powers of a civil court in investigating violations of rights guaranteed to Scheduled Castes and Tribes. Affirmative measures are also being taken for disadvantaged groups belonging to Other Socially and Educationally Backward Classes (OBCs). [6a](p9-11)
[...]6.352 According to a BBC news article dated 1 August 2000, in August 2000, India's ruling Bharatiya Janata Party chose for the first time a lower caste member to be the party's new President. Banguru Laxman, junior Minister for Railways, was the first member of the Dalit community to head a major party. [32s] As reported by the BBC on 14 March 2001, Laxman resigned as President of the BJP in March 2001 over a bribery scandal that implicated several senior political figures and bureaucrats. An Indian website accused Laxman of taking money in connection with supposed defence deals. [32ac] [...]"

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11.09.2004 - Source: Asian Centre for Human Rights

Background report on National Human Rights Institutions in South Asia ("Commissions and Conflicts: Briefing Papers on the Role of National Human Rights Institutions in Conflict Situations") [#25938],  [ID 6602]

"[...]The investigation processes of the NHRC allow the police to be judge and jury. In a complaint (No.100/3/2002-2003) on 23 September 2002, Asian Indigenous and Tribal Peoples Network (AITPN) sought intervention of the NHRC against police atrocities including torching of the houses at Hojaipur village under Diphu police station, Karbi Anglong, Assam on 25 August 2002. According to the information provided by Dimaraji Mohila Samaj (Dimaraji Women’s Organisation), Hojaipur branch of Assam, a combined police team comprising of the Central Reserve Police Force, Black Panthers and Assam Police under the command of Mr. K K Sarma, Superintendent of Police of Karbi Anglong attacked the Hojaipur village. The police team allegedly dragged the villagers out of their houses and torched the houses to ashes along with their belongings without any provocation. Many innocent villagers were rendered homeless after the houses were burnt and were reduced to destitute. The security personnel surrounded the village and did not allow the villagers to recover anything from the burning houses. Referring to the atrocities committed by the Superintendent of Police, the Dimaraji Mohila Samaj further alleged that he had perpetrated similar atrocities at Dhansiri and other parts of the region.
In its reply on 14 November 2002, the Director General of Police, Assam simply attached the report filed by Superintendent of Police Mr K K Sarma against whom AITPN had filed the complaint in the first place. Mr Sharma reported that “the socalled victims of the petitioners have burnt their own houses themselves for reason known to them!” Such a bizarre procedure where the accused can act as judge and jury of his own conduct is unfair, unreasonable, unjust and unacceptable... Such travesty of justice will continue unless the NHRC is able to conduct independent investigation and stops relying on the report of the alleged perpetrators.
[...]"

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11.08.2004 - Source: Asian Centre for Human Rights

Article on Draft National Policy on Tribals and the National Commission for Scheduled Tribes ("Spanners in the Draft National Policy on Tribals (ACHRF/33/04)") [#24835],  [ID 6603]

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Open document

04.08.2004 - Source: Asian Centre for Human Rights

Mal-administration of indigenous and tribal peoples of India ("Mal-administration of indigenous and tribal peoples of India (ACHRF/32/04)") [#24545],  [ID 6604]

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Open document

28.07.2004 - Source: Asian Centre for Human Rights

Article on preservation of cultures and identities of India's indigenous peoples ("Protecting cultures and identities of India's indigenous peoples (ACHRF/31/04)") [#24546],  [ID 6605]

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Open document

21.07.2004 - Source: Asian Centre for Human Rights

Follow-up article on Draft National Policy on Tribals ("No rights, only charity for India's indigenous and tribal peoples (ACHRF/30/04)") [#24144],  [ID 6606]

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Open document

14.07.2004 - Source: Asian Centre for Human Rights

Article on Draft National Policy on Tribals ("Archaic visions: India’s Draft National Policy on Tribals (ACHRF/29/04)") [#23955],  [ID 6607]

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09.07.2004 - Source: South Asia Human Rights Documentation Centre

Article on situation of Indian 'denotified and nomadic tribes' ("Stigma of Criminality. India’s Denotified and Nomadic Tribes (HRF/101/04)") [#23956],  [ID 6608]

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Open document

26.05.2004 - Source: Amnesty International

Annual Report 2004 (covering 2003) ("Annual Report 2004") [#22668],  [ID 6609]

"Discrimination

Socially and economically marginalized groups, such as dalits, adivasis, women and religious minorities, including Muslims, continued to face discrimination at the hands of the police, the criminal justice system and non-state actors.

In April a government-appointed committee under the direction of Justice Malimath published its recommendations for reforms of the criminal justice system in India. There were concerns that the Committee’s recommendations threatened to weaken protection of women’s rights in law. For example the Committee recommended that in cases where the offence of cruelty is committed against a woman by her husband or his relatives, it should be possible to settle the case out of court and bail should be available to the accused. The Committee’s reasoning for this proposal was that it would facilitate forgivenessof the husband and the return of the woman to the matrimonial home.

The Malimath Committee was silent on issues related to protecting the rights of the poor, dalits, ethnic and religious minorities and other disadvantaged communities who face daily abuse and violence. The criminalization of poverty coupled with the complete inability of the poor to negotiate the criminal justice system and retain competent legal counsel, remained a major human rights problem as such individuals were at riskof mistreatment without redress.

There were continuing reports of police inflicting cruel, inhuman or degrading treatment on members of adivasi communities in the context of land disputes and evictions. Other abuses reported included arbitrary detentions and the destruction of homes and livelihoods.

* On 21 July, members of an adivasi community were forcibly evicted from their homes in Puntamba village and surrounding areas in the Ahmednagar district of Maharashtra. Around 50 huts and several acres of crops were destroyed by officials of the Maharashtra State Farming Corporation (MSFC), accompanied by up to 100 police officials. An appeal regarding their rights to the land, which was pending, was ignored by the officials carrying out the evictions. During the action at least one activist of the Adivasi Bhoomi Hakka Andolan (Tribal Land Rights Movement) was placed in preventive detention by police. The findings of a police investigation into the complaints filed by adivasis concerning the destruction of their homes remained unknown at the end of the year. In recent years a number of incidents have been reported where adivasis and activists working with them have faced harassment from local landowners and officials of the MSFC, including destruction of their property, verbal and physical abuse, arbitrary arrest and beating in police custody. While police have registered complaints against adivasis by officials and landowners, they have regularly refused to register complaints made by adivasis or to investigate their allegations of harassment."

Document(s): Open document
Open document

24.05.2004 - Source: US Committee for Refugees and Immigrants

Annual report on conditions affecting refugees and asylum seekers in 2003 ("World Refugee Survey 2004") [#22816],  [ID 6610]

"At least 650,000 persons were internally displaced in India. Among the displaced were 250,000-450,000 Kashmiris, an estimated 250,000 members of tribal groups in northeast India, an unknown number of persons, mostly Muslims, in Gujarat State in western India. The government impedes international access to internally displaced persons, and labels them migrants."

Document(s): Open document

23.03.2004 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Report on torture and other cruel, inhuman or degrading treatment or punishment (English, French and Spanish) ("Civil and political rights, including the questions of: Torture and other cruel, inhuman or degrading treatment or punishment; Report of the Special Rapporteur, Theo van Boven; Addendum: Summary of information, including individual cases, transmitted to Governments and replies received [E/CN.4/2004/56/Add.1]") [#23236],  [ID 6611]

Document(s): Open document

25.02.2004 - Source: US Department of State

Country Reports on Human Rights Practices - 2003 ("Country Reports on Human Rights Practices - 2003") [#19765],  [ID 6612]

"Indigenous People

The Innerline Regulations enacted by the British in 1873 still provide the basis for safeguarding tribal rights in most of the northeastern border states. These regulations prohibit any person, including citizens from other states, from going beyond an inner boundary without a valid permit. No rubber, wax, ivory, or other forest products may be removed from the protected areas without prior authorization. No outsiders were allowed to own land in the tribal areas without approval from tribal authorities.

The 1991 census indicated that 8 percent of citizens belonged to scheduled tribes. According to the Indian Confederation of Indigenous and Tribal People (ICITP), 80 percent of the tribal population live below the poverty level. According to the ICITP, more than 40,000 tribal women, mainly from Orissa and Bihar, were forced into situations of economic and sexual exploitation (see Sections 6.c. and 6.f.). The 1955 Protection of Civil Rights Act prescribes special courts to hear complaints of atrocities committed against tribal people.

Despite constitutional safeguards, the rights of indigenous groups in the eastern parts of the country often were ignored. NGOs reported that in 2001, 4,121 cases of crimes against scheduled tribes were reported to the NHRC throughout the country. Indigenous peoples suffered discrimination and harassment, were deprived wrongly of their land, and were subjected to torture and to arbitrary arrest. There was encroachment on tribal land in almost every eastern state, including by illegal Bangladeshi immigrants, and by businesses that illegally removed forest and mineral products. Moreover, persons from other backgrounds often usurped places reserved for members of tribes and lower castes in national educational institutions. Mob lynching, arson, and police atrocities against tribal people occurred in many states (see Section 1.c.).

Numerous tribal movements demanded the protection of land and property rights. The Jharkhand Movement in Bihar and Orissa and the Bodo Movement in Assam reflected deep economic and social grievances among indigenous peoples. As a result of complaints, largely tribal-populated states were created in 2000 from the Jharkand area of Bihar and the Chhattisgrah region of Madhya Pradesh. There was also some local autonomy for tribal people in the northeast.

[...] The Constitution gives the President the authority to identify historically disadvantaged castes, Dalits, and tribal people (members of indigenous groups historically outside the caste system). These "scheduled" castes, Dalits, and tribes were entitled to affirmative action and hiring quotas in employment, benefits from special development funds, and special training programs. The impact of reservations and quotas on society and on the groups they were designed to benefit was a subject of active debate. According to the 2001 census, scheduled castes, including Dalits, made up 16 percent, and scheduled tribes were 8 percent of the country's 2001 population of 1.027 billion. Christians historically rejected the concept of caste; however, because many Christians descended from low caste Hindu families, many continued to suffer the same social and economic limitations, particularly in rural areas. Low caste Hindus who convert to Christianity lose their eligibility for affirmative action programs. Those who become Buddhists or Sikhs do not. In some states, government jobs were reserved for Muslims of low caste descent.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act lists offenses against disadvantaged persons and provides for stiff penalties for offenders. However, this act had only a modest effect in curbing abuse. Human rights NGOs alleged that caste violence was on the increase. [...]

[...]Mob lynchings of tribal people occurred in many states (see Section 5). [...]"

Document(s): Open document

25.02.2004 - Source: US Department of State

Country Reports on Human Rights Practices - 2003 ("Country Reports on Human Rights Practices - 2003") [#19765],  [ID 6613]

"Mizoram human rights groups estimated that some 31,000 Reangs, a tribal group from Mizoram that were displaced due to a sectarian conflict, were being sheltered in 6 camps in North Tripura. Conditions in such camps were poor, and the Tripura government asked the central Government to allot funds for their care. Reang leaders in the camps pressed for reserved jobs, education benefits, and a comprehensive rehabilitation package for refugees in the relief camps. The Mizoram government rejected these demands and maintained that only 16,000 of the refugees had a valid claim to reside in the state."

Document(s): Open document

25.02.2004 - Source: US Department of State

USDOS: Indigenous people in politics ("Country Reports on Human Rights Practices - 2003") [#19765],  [ID 6614]

"[...]The Constitution reserves seats in Parliament and state legislatures for "scheduled tribes" and "scheduled castes" in proportion to their population (see Section 5). Indigenous people actively participated in national and local politics, but their impact depended on their numerical strength. In the northeastern states, indigenous people were a large proportion of the population and consequently exercised a dominant influence in the political process. In contrast, in Maharashtra and Gujarat, tribal people were a small minority and were unsuccessful in blocking projects that they opposed. [...]"

Document(s): Open document

25.02.2004 - Source: US Department of State

Country Reports on Human Rights Practices - 2003 ("Country Reports on Human Rights Practices - 2003") [#19765],  [ID 6615]

"[...]The Constitution prohibits discrimination on the basis of a person's race, sex, religion, place of birth, or social status and government authorities worked to enforce these provisions with varying degrees of success. Despite laws designed to prevent discrimination, social and cultural practices as well as other legislation had a profound discriminatory impact, and discrimination against women, persons with disabilities, indigenous people, and national, racial, and ethnic minorities was a problem. The traditional caste system, as well as differences of ethnicity, religion, and language, deeply divide society. According to the National Commission for Scheduled Castes and Scheduled Tribes, caste clashes were frequent in Uttar Pradesh, Bihar, and Tamil Nadu. [...]"

Document(s): Open document

25.02.2004 - Source: US Department of State

USDOS: Many indigenous women forced into sexual expolitation ("Country Reports on Human Rights Practices - 2003") [#19765],  [ID 6616]

"[...]Many indigenous tribal women were forced into sexual exploitation. According to the Indian Center for Indigenous and Tribal Peoples (ICITP), more than 40,000 tribal women, mainly from Orissa and Bihar, were forced into economic and sexual exploitation; many came from tribes that were driven off their land by national park schemes. Press reports indicated children were routinely trafficked from Assam into Haryana and other North Indian states for sexual slavery under the pretext of entering into arranged marriages.[...]"

Document(s): Open document

06.02.2004 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Report focused on human rights and fundamental freedoms of indigenous people (summary of cases transmitted and replies recieved) ("Indigenous issues: Human rights and indigenous issues E/CN.4/2004/80/Add.1") [#20571],  [ID 6617]

Document(s): Open document

15.09.2003 - Source: World Organisation Against Torture

Maharashtra: Maharashtra State Farming Corporation (MSFC) officials destroyed five huts put up by Adivasi (indigenous) families in Rahata Taluk/ reportedly these demolitions took place in an attempt to force the Adivasis off the land despite the fact that legal proceedings, in relation to their claims over the land, are ongoing ("India: Demolition of 5 homes and continued harassment of Adivasi families [Case IND-FE 270803. 1, Follow-up to Case IND-FE 270803]") [#16097],  [ID 6618]

Document(s): Open document

31.08.2003 - Source: South Asia Human Rights Documentation Centre

The 1989 Prevention of Atrocities Act, which delineates specific crimes against Scheduled Castes and Scheduled Tribes (Dalits) as “atrocities", suffers from a near-complete failure in implementation: increased violence and increased reporting of incidents of violence ("The Prevention of Atrocities Act: Unused Ammunition (HRF/83/03)") [#15672],  [ID 6619]

Document(s): Open document

04.06.2003 - Source: World Organisation Against Torture

Maharashtra, Madhya Pradesh: As a result of a decision to increase the Sardar Sarovar Dam on the Narmada River around 15,000 families are at risk to be evicted; no proper resettlement has been planned for them ("India: risk of forced displacement of 35'000 Adivasis families [Case IND 040603. ESCR]") [#13312],  [ID 6620]

Document(s): Open document

12.03.2003 - Source: World Organisation Against Torture

Kerala: Ongoing harassment of Adivasis (tribal peoples) by the police, reported/ an important number of persons have disappeared since February 2003 in the Muthanga Wildlife Sanctuary located in Wayanad ("India: ongoing harassment and disappearances of Adivasis") [#11366],  [ID 6621]

Document(s): Open document

28.02.2003 - Source: World Organisation Against Torture

Kerala: More than 1,000 Adivasis attacked by the police and the forest protection staff in order to evict them from the Muthanga Wildlife Sanctuary located in Wayanad ("India: violent attack against tribal peoples [Case IND 280203. ESCR]") [#11131],  [ID 6622]

Document(s): Open document

2003 - Source: Child Rights Information Network

Report focused on discrimination against indigenous children (roots and basis of discrimination, displacement, armed conflict) ("Discrimination against indigenous children in India: race, culture and class") [#19925],  [ID 6623]

Document(s): Open document

26.07.2002 - Source: World Organisation Against Torture

Human rights activist, involved in the defence of Adivasis land rights, killed/ since her death, several other activists received death threats for speaking out on the killing and for their continued work in favour of Adivasis’ rights ("Open Letter to the President of India") [#8093],  [ID 6624]

Document(s): Open document

22.10.2001 - Source: World Organisation Against Torture

Ongoing harassment of the Adivasis people by the police in the village of Puntamba reported ("India: release on bail of the 15 detainees arrested for having allegedly attacked the police during a demonstration [Case IND 020701.1, Follow-up of Case IND 020701]") [#4818],  [ID 6625]

Document(s): Open document