A peaceful protest has been ongoing for 250 days against iron-ore mines in the Surajgarh hills of Maharashtra. Tribals from 70 villages, mainly from the Madia-Gond community (PVTG) are protesting the proposed mines. The police have been interrogating protesters and attempting to stop the protest. Companies, including Omsairam Steels, JSW Steels, Sunflag Iron and Steel, were given leases for six new mines in May 2023, which is oppose by Adivasi communities, citing that is their sacred lands, environmental damage, and threats to their livelihoods especially agriculture.  On 20^th November, 2023, around 1,000 police and security personnel arrived at the protest site and firstly they separated 8 Leaders, searched, and forcibly taken by helicopter to Gadchiroli, with their mobiles confiscated. Huts were demolished, belongings confiscated, and a lathi charge resulted in severe injuries. Police used batons to intimidate and prevent the recording of videos or photographs. Approximately 100-150 protesters were taken away in trucks, with reports of assault during arrests. Thirteen protesters, in addition to eight leaders, were formally arrested and held at Ettapalli police station. On November 21, 2023, a FIR (0074/2023) was registered against 21 individuals, which including the leaders and the Charges were include assault, wrongful restraint, rioting, criminal conspiracy, obstructing public servants, and criminal intimidation. The HRDs were sent to Chandarpur Jail, and the judicial magistrate noted lapses by the police, including communication failures. Leaders, like Mangesh Narote, faced harassment and received a show cause notice under Section 110. Narote was accused of being a Naxal supporter and opposing the mining project. He was summoned for Weekly visits and interrogations continued for 4 months, leading to mental torture and stress.

The Right to protest is recognised under several international instruments, including:

The International Covenant on Economic, Social and Cultural Rights (Article 8),

Article 5 (a) of the Declaration on Human Rights Defenders 1998 states that “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, to meet or assemble peacefully”.

Women defenders often face more risks when participating in collective public action because of perceptions of the traditional role of women in some societies, and they become targets of non-state actors (A/61/312, para. 72)

HRDA strongly believes that the use of brutal force on tribal HRDs, detention of HRDs and registration of FIRs is an act of reprisal for their activism to protect their land, water and forest rights.

HRDA India urges the NHRC to takes following actions-

• To urgently invoke the Commission’s powers under section 12 (b) to intervene in the lower courts to squash the false FIRs against the peacefully protesting farmers and in any intervention in the high court challenging the detention of the 21 HRDs.
• To direct the Director General of Police of Maharashtra to initiate an immediate, independent, thorough, transparent, effective, and impartial investigation into the above-mentioned incident of the illegal arrest, assault and torture of tribal protestors and submit a report to the NHRC within four weeks.