Our Important Intervention<br> <br> On Nandigram

"For the unfortunate incidents of Nandigram, neither CPI (M) nor BUPC can escape their share of responsibility", the NHRC remarked in an order on February 8, 2008. In this context the Commission also made a few general observations:
(i) The police and the bureaucracy should keep themselves aloof from political influence.
(ii) The party in power should always be alive to its constitutional obligation to rule without favour and prejudice.
(iii) The opposition has a right to highlight the failures of the Government and to educate the people about the policies, which it considers harmful. While it may take recourse to peaceful agitation, it should in no case encourage people to indulge in unlawful activities.
(iv) There should be a continuous dialogue between the party in power and the opposition.
(v) The press has a pivotal role to play in a democratic set up, therefore, it should always adopt a balanced and unbiased approach in reporting the events.
(vi) Whether agriculture land should be acquired or not for industry or projects like SEZ is a moot question. Agriculture being the only source of livelihood for the farmers, compensation in terms of money for acquisition of their land may not be adequate. In the process of rehabilitation of such displaced people as a result of acquisition of land, the Government should take the local people into confidence and it should also ensure alternative means of livelihood and shelter for the displaced.
(vii) Whether in addition to monetary compensation, any other land can be given to relocate or can be linked to the project for which the land is acquired by allocating adequate number of shares and providing employment to at least one member of each affected family.

The Commission's observations came after its investigation team submitted a report on the violence in Nandigram.

It may be recalled that the West Bengal Government proposed to set up a Special Economic Zone (SEZ) and a chemical hub in an area covering around 10,000 acres in Nandigram Block-1 and, for that purpose it proposed to acquire land. On December 28, 2006, Haldia Development Authority circulated an informal notice showing the likely location of the project. The local people resented the proposal for acquisition of land. Violent clashes broke out between the supporters of the party in power, i.e. CPI(M) and the Bhoomi Uchhed Pratirodh Committee (BUPC) - an organization to channelise the protest against the proposed land acquisition. From the middle of January 2007, a large area covering 5 gram panchayats of Nandigram Block 1 was isolated, and police and other Government agencies were prevented by the supporters of BUPC from entering the area. About 2000 people, believed to be supporters of CPI(M), were driven out and they took shelter in the adjoining area across the canal within the jurisdiction of PS Khejuri. On March 14, 2007, the State Government tried to re-establish its writ in the area by force. The attempt of the police force to enter the area was violently resisted by supporters of BUPC.

The police firing on March 14, 2007, was widely condemned in the media and the Commission took suo-motu cognizance of reports published in some national dailies. A case was registered. The Chief Secretary, Government of West Bengal and DGP of the State were asked to submit factual reports. Accordingly, a report dated March 29, 2004, was received from the Chief Secretary, Government of West Bengal.

The High Court of Calcutta also took notice of the incident and held that the action of police to open fire was unconstitutional. It directed CBI to take up investigation of police firing and related cases. It also directed the State Government to pay Rs. Five lakhs each as compensation to the families of the dead, Rs. One lakh each to the injured persons and Rs. Two lakhs each to the rape victims.

After examining its investigation reports, the Commission remarked: "Since the State Government does not appear to have discharged its primary obligation in preventing the attack by CPI(M) cadres on November 6, 2007, it should bear the responsibility for the loss of life and property following the attack."

The Commission suggested that the next of kin of the dead in these incidents and also the injured persons should be compensated in the same manner as directed by the High Court of Calcutta for the victims.

The Commission considered recommending enhanced compensation for fully and partially damaged houses. The Commission also appointed a Committee, consisting of Shri Akhil Kumar Jain, Secretary General, Shri D. Sarangi, Special Rapporteur and Shri A.K. Garg, Registrar, to suggest compensation regarding damage that occurred and to ensure that the monetary relief does not fall in wrong hands and it reaches the genuine persons.