Fr. Stan Swamy, Aloka Kujur and other human rights defenders

Jharkhand

HRDA has issued an urgent appeal to the National Human Rights Commission of India on 1^st July, regarding the Judicial harassment of Fr. Stan Swamy, Aloka Kujur and other human rights defenders.

On July 26, 2018, the Jharkhand police filed a case of sedition and other sections of the Information Technology Act, against 20 well known and reputed Adivasi activists, including Fr Stan Swamy, Aloka Kujur, Vinod Kumar, Rakeshroshan Kiro etc, for publishing posts on Facebook critical of the government policies and actions and for their prominent role in the Pathalgadi movement. In the FIR, no progress in the investigation was made and no charge sheet has been filed till date against any of the 20 accused in spite of one year having passed. The Pathalgadi movement opposes government’s proposal to introduce land acquisitions laws and state domicile eligibility. The Adivasi activists have viewed these reforms as infringing upon their land rights under ninth schedule of the Constitution. Though they were not arrested after the FIR was filed, it is largely believed that this was an intimidation tactic to threaten and silence those who have been campaigning against state government’s policies and actions favouring the corporates.

It was alleged that people from Anigarha village of Khunti abducted three security guards of BJP leader Karia Munda from his house and that Munda and his family were not present when the incident took place. The violence took place after the police personnel lathi-charged and beat up the silently-protesting villagers associated with the Pathalgadi movement of the village. According to the FIR, the activists played a leading role in manipulating the innocent and uneducated villagers against the government and prodding them towards ‘anti-national’ activities. In the FIR, the Inspector of Police also accused the activists of misinterpreting the constitutional provisions and spreading their interpretation among the villagers of Khunti through their ‘anti-national’ speeches and propaganda. He alleges that the activists use social media to spread ‘anti-national’ propaganda.

According to the activists, Jharkhand government is solely focusing on corporate interests and is introducing repressive land acquisition policies to facilitate acquiring land. This can be proved by the amendments the government introduced in the Chotanagpur Tenancy Act and the Santhal Parganas Act. Further, the attempts to rearrange the demographic balance through changes in the domicile policy would shift the balance away from the Adivasis. The present case is also an example of blatant violation of freedom of speech and expression guaranteed under Article 19 (1) (a) of the Constitution of India for mere criticism of state action.

HRDA prayed for thorough investigation and to take immediate actions on the perpetrators of the case.