Gender: Diverse Women For Diversity

Public Hearing On Violation Of Constitutional Rights And Repression Of Tribals In Nagarnar, Bastar

All India people's resistance forum, association of voluntary agencies for rural development, Delhi forum, diverse women for diversity, Gandhi peace foundation, human rights law network, Indian confederation for indigenous and tribal people, Indian social institute, insaaf, institute for social sciences, jan hasthashkep, kisan sangharsh samiti (bharat jan andolan), national centre for advocacy studies, Navdanya, other media, peace, people's union for civil liberties, people's union for democratic rights, pria, sruti, research foundation for science, technology and ecology, and other organisations

Invite you to a Public Hearing to be held on Friday, April 5, 2002, from 10 am. To 2 pm. at India International Centre, Annexe, about the denial of the Constitutional Rights of the tribals to their resources as well as to their right to State protection, and violence against them.
Some of the salient features of this violation of tribal rights in Bastar include:

• In accordance with the 73rd Amendment, followed by Provision for Panchayats (Extension to the Scheduled Areas Act 1996), the local tribal communities of Nagarnar passed a resolution that the State safeguard their constitutional rights in any decision related to the proposed steel plant.
• The public servants, including the District Collector, who is the highest competent executive authority for dealing with tribal rights, choosing to abdicate their responsibility to protect the tribals, collaborated with the National Minerals Development Corporation (NMDC) and played a pivotal role in committing criminal and penal offences in the open with impunity, disobeyed the law, trampled the rules and also ignored Guidelines and other processes.
• There has been unprecedented violence against tribal women, with over 60 women jailed for supposed "heinous" crimes.
• The working of the Gram Sabha - the pivotal unit of the democratic process guaranteed by the Constitution, which is now fundamental to governance in the Scheduled Areas, has been subverted.
• The recommendations of the National Commission for Scheduled Castes and Scheduled Tribes, the highest Constitutional authority for the protection of the tribal people under Art. 338, have been treated like waste paper.
• The NMDC has taken over the land of the tribal people unlawfully, with the backing of the State. The administration, ganging up with anti-social elements, has created a reign of terror with vulgar show of authority, use of force, misuse of legal processes and victimization of activists. The people are at the mercy of a hostile and enraged administration, which is out to teach them a lesson for approaching national authorities.

The Nagarnar Episode is indicative of the virtual demolition of the Constitutional edifice in tribal areas that are rich in natural resources. It forebodes dangerous trends for the democratic and ecological fabric of the entire nation. It is the equivalent of communal riots in Gujarat.

The jury for the Public Hearing will comprise of Sh. Naresh Chandra and Sh. K.B. Saxena (ex Secretaries of the Government of India), Dr. Ram Dayal Munda, Dr. Bundi Oraon, eminent Jurists, MPs, members of the National Commission for Women and other well-known citizens.

Please join us to find a collective response to uphold our Constitution and our democracy in these troubled times.