Rights activists have started organising themselves to discuss the status of Pathalgadi cases filed against 200 tribals, only 60 per cent of which had been withdrawn, signalling a growing disenchantment with the government of Hemant Soren who was able to unseat the BJP by projecting the JMM-led coalition as a champion of tribal rights.
On Friday, Jharkhand Janadhikar Mahasabha, a conglomeration of tribal and rights bodies, organised a state-level seminar in Ranchi to discuss the issue and concluded that the ruling JMM-led government was not honouring its promise of protecting tribals from police atrocities.
On 29 December 2019, after taking oath as chief minister, Hemant announced the withdrawal of all cases against tribals for having launched Pathalgadi, a tribal ritual of honouring their ancestors by erecting stone slabs that had effectively prevented the entry of district administrations in places like Khunti and Seraikela-Kharswan and West Singhbhum.
The chief minister’s announcement was met with widespread appreciation and support. The former government, headed by Raghubar Das, had come down heavily on the Pathalgadi movement and responded with police action after which several cases were filed against those who took part in the stir, including several adivasi village heads.
Cases were filed against 200 named and over 10,000 unnamed people for alleged abetment and obstruction of public servants from discharging their duty, creation of public nuisance, criminal intimidation and sedition.
However, now, a year later, the cases are yet to be withdrawn and many adivasis continue to be in jail, activists pointed out. "Right to Information applications filed in the last few months show that there are 30 FIRs, spread across Khunti (23), Saraikela-Kharsawan (5) and West Singhbhum (2) districts, related to Pathalgadi cases," the Mahasabha noted in a statement.
"District committees, comprising deputy commissioners, SPs and public prosecutors, have recommended withdrawal of only about 60 per cent of the cases (excluding two related to the Kochang gangrape incident). The Khunti district committee has recommended removal of only section 124A/120A/B from seven cases. Regarding action on the recommendations sent by the districts, the home department has simply said that it is ‘under process’," it added.
According to the rights body, the Hemant government’s announcement of withdrawing all Pathalgadi cases indicated that it acknowledged the failure of the earlier government to understand the idea behind the movement and, therefore, undo the damage done.
"However, the recommendation of districts to withdraw just over half the cases and subsequent delays indicate that the political decision of the government is yet to fully translate into action on ground," the statement noted.
"During the Vidhan Sabha election campaign last year, the Mahagathbandhan, led by Hemant Soren, had flagged the then BJP-led state government’s repressive policies and relentless attacks on adivasis, mentioning police atrocities and incidents of lynching. But it is disappointing to note that neither has the Hemant government acted on earlier cases of violations nor has it shown a firm commitment to check violations under its leadership," noted tribal activist Dayamani Barla said at Friday’s seminar.
The activists also added that in the last year, rights violations against tribals have continued, the most glaring instant being the severe assault on 20 adivasis of Chiriyabera in West Singhbhum in June 2020.
"Eleven people were severely beaten and three sustained grievous injuries. The CRPF, accusing the villagers of being Maoists and enraged by their inability to respond in Hindi, beat them up using wooden sticks, batons, rifle butts and boots. Even though the victims clearly told police at the hospital that they were brutally beaten by CRPF personnel, the FIR filed by police obscures many facts and makes no mention of the role of the CRPF in the violence," the manch said.
The FIR, the activists added, was yet to be rectified. No action had been taken against the CRPF personnel and the victims were yet to receive compensation, despite several representations to the DC, SP and DGP.
Cases under the stringent UAPA have been on the rise too. "It is disappointing that the Jharkhand government is yet to check the blatant misuse of UAPA by police. Several daily-wage labourers and farmers of Lalpania (Bokaro) who have been vocal against exploitation of adivasis and moolvasis were booked as Maoists and under UAPA in the last few years. They are still struggling to get bail," the statement said.
Under the earlier government, at least 24 people, most accused of selling / consuming beef or cattle theft, were lynched. The pattern seems to continue under the current regime, the activists rued.
"In July 2020, adivasis were beaten up by a mob on suspicion of selling / consuming beef in Dumka and Jamshedpur. In September 2020, seven adivasis of Simdega were beaten, tonsured and made to chant ‘Jai Shri Ram’. In several cases, victims are yet to be paid compensation and there is an attempt by the police to shield the perpetrators. The government is yet to implement Supreme Court’s order in Tahseen Poonawala case on the subject including provisions such as speedy trial, grant of interim compensation within 30 days, investigation to be monitored by SP and so on," the statement said.
The Mahasabha reminded the Hemant Soren government that it won a decisive mandate against the BJP-led government’s repressive and anti-people policies. "It is expected that the government stands firmly with the people against all forms of exploitation and human rights violations. We sincerely hope that the government reins in security forces and makes the state apparatus pro-adivasi and pro-people," it said.