Alleged atrocities on Adivasis in Kerala by Public Servants

The Commission, on 24 February 2003, issued notice to the Chief Secretary and Director General of Police, Government of Kerala seeking reports from them within two weeks in respect of an incident that occurred on 19 February 2003 in which the police had allegedly opened fire on a gathering of over 1100 Adivasi families protesting against the non-implementation of an agreement reached between the State Government and the Adivasis promising the latter land in the Muthanga forest region of Wayanad district, Kerala. The action of the police, it was also alleged, had resulted in 16 deaths and injuries to a large number of Adivasis, including women and children.





The Commission had earlier received a complaint in respect of this matter from Ms. Nirmala Deshpande, Dr. Syeda Hameed, Dr. Prakash Lewis, Ms. Souparna Lahiri, and others. According to the complainants, the State had resorted to the use of brutal force in its efforts to contain the genuine and long-standing demand of the Adivasis for their land rights. It was further alleged that the “unforgivable and cynical” delay in delivering the land promised by the Government of Kerala had resulted in an unfortunate yet needlessly brutal confrontation resulting in the death of 16 people, including women and children. In addition to those killed in the police firing, scores of others were reported to have been injured or arrested. The complainants also alleged that many Adivasis were left lying in an injured condition inside the forest without medical aid. It was added that most of those arrested had not been produced before a court and that they were being kept in illegal custody by the police.

In response to its notice, the Commission received a report from the Chief Secretary, Government of Kerala dated 10 March 2003. He also forwarded a report from the Director General of Police, Kerala, dated 9 March 2003. On 20 March 2003, the Commission considered these reports and recorded its detailed proceedings.





In those proceedings, the Commission stated that its immediate focus would be on the police firing in the Muthanga forest on 19 February 2003. The Commission added that it would separately consider the larger issue relating to the alleged delay in the delivery of the promised land and matters relating to the rehabilitation of the Adivasis.





As regards the reports submitted by the Chief Secretary and the DGP, Kerala, the Commission noted that both had justified the action of the police in resorting to firing. Both had asserted that the Adivasis had blatantly violated law and had committed the cold-blooded murder of a policeman, after taking him hostage. The police had used all possible restraint and minimum force to deal with the situation. It was stated in the reports that all possible medical help was given to the injured and that the arrested persons were also produced before the Court without any delay. It was maintained that there was only a single death, as against the allegations of the complainant that 16 persons had died as a result of police firing. Both the Chief Secretary and the DGP “concluded” that there was no question of any departmental action being taken against any police personnel as they did not violate any law at any point of time and had acted very much within the parameters of law under the supervision of their superiors.





After considering the reports, the Commission was of the view that they did not meet the allegations contained in the complaint squarely. The reports appeared to be based on information given by the district officials who were present at the spot on 19 February 2003 and whose conduct itself was impugned. The Commission was at a loss to understand as to how the Chief Secretary and the DGP could conclude, without holding any independent inquiry, that not only was the police action justified but that no departmental proceedings against any police/forest official had been called for. The Commission thus held that, prima-facie, it was not satisfied with the reports.





In its Proceedings, the Commission observed that the issue was of great importance as it affected the human rights of a large number of persons belonging to the vulnerable sections of society. Whether or not police firing on 19 February 2003 was justified and whether more force than was necessary was used, as alleged by the complainants, could only be found out by holding an inquiry, through an agency independent of the State machinery. The Commission was thus of the opinion, that there should be an independent inquiry, preferably by CBI, into the police firing and the related incidents, including various allegations of torture, which had taken place in the Muthanga forest region. It strongly recommend to the State Government, therefore, that it take effective steps to get the independent inquiry commenced at the earliest and report in this behalf to the NHRC in 10 days.





As regards the alleged delay by the Kerala Government in providing land to the Adivasis and the matter concerning the rehabilitation of the Adivasis, the Commission called upon the Chief Secretary, Kerala to furnish all documents, including the alleged documents relating to the delivery of land to the Adivasis ousted from the forest and the plan, if any, for their rehabilitation, within four weeks.





The Commission also appealed to all concerned, in the meanwhile, to maintain peace and calm so that the inquiry could be held expeditiously.