16^th August, 2023

Rayagada, Odisha

On 16^th August, 2023, HRDs Dhanful Majhi, Sitaram Majhi, and Anil Nayak, leaders of the NSS, arrested while traveling from Rayagada to Bhubaneshwar by District Police of Rayagada in connection with multiple FIRs. Their arrest was not informed to their family and also underwent brutal custodial torture from 16^th to 21^st August, 2023, which is violation of D.K Basu Guidelines.

The reason for their illegal arrest began From proposed bauxite mining in the Siji Mali and Kutru Mali mountains Rayagada by Vedanta and Adani groups, several human rights defenders (HRDs) have been subjected to legal actions, including arrests and allegations of criminal activities. The situation has raised concerns about potential rights violations and the use of force against those opposing the mining projects. The controversy began with the allocation of mining leases to Vedanta and Adani without obtaining the necessary permissions from Gram Sabha, as mandated by the Forest Rights Act, 2006. The negligence of public hearings for environmental clearance further fueled tensions, with allegations that attempts were made to influence local communities through promises of financial incentives. The events Leading to Legal Actions are follows-

On 2 August, 2023, local leaders questioned Vedanta and its contract firm, Maitri Infrastructure and Mining India Pvt Ltd, which was threaten by Maitri company employees with police support. On 4^th August 2023, CEO of Maitri Infrastructure visited villages Sagarbarai and Sunger, leading to a peaceful protest by tribals at the proposed mining site.

On 5^th August 2023, FIR registered against three HRDs and 100 others for alleged unlawful assembly, road blockage, Dharna and Charges under various sections of the IPC based on a complaint by Pitabas Nayak. Similarly, on 7^th August 2023, another FIR against the same HRDs and others for similar charges based on a complaint by Pradip Kumar Behera.  On 8^th August 2023, additional FIR against HRDs and others based on a complaint by Somadatta Padhan. On 12^th August 2023, yet another FIR was filed against three HRDs and 200 others for rioting, criminal intimidation, and other charges based on a complaint by Pitabas Nayak.

Human Rights Defenders’ Alert (HRDA) strongly believes that this act is a reprisal for 3 EHRDs environmental activism, HRDA believes it is violation of various standards including Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, condemn torture or cruel treatment.

Article 21 of the Indian Constitution and corresponding international treaties affirm the right to life and liberty, protecting against arbitrary arrest or detention. Therefore, HRDA India demands following actions from NHRC-

• To direct the Director General of Investigation of the NHRC to initiate a transparent, independent inquiry in the illegal arrest and custodial torture the HRDs and submit the report to NHRC within Two Weeks.
• To direct the Director General of Police of Orissa to produce within 48 hours copies of all relevant documents pertaining to the arrest and torture for an independent examination by the Hon’ble Commission.