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Published on
March 24, 2022
March 11, 2023
Edited on
March 24, 2022
On September 20 and 23, 2021, the Assam government carried out two eviction drives in Dhalpur 1 and Dhalpur 3 areas in Darrang district’s Sipajhar village. The government intended to free 607 hectares of ‘encroached’ char areas (shifting riverine islands of fertile land formed by the waters of the Brahmaputra). Subject to a continuous process of deposition and erosion, these land masses are temporary and, like the flow of the river itself, are subject to change almost every year.
At least 1,300 Bengali-Muslim families residing in the chars were evicted during the demolition drive. The government reportedly issued a notice at midnight on September 18, and by the morning of September 20, the police and district administration started clearing the houses. After the first round of evictions, the residents were served another eviction notice at night on September 22.
The demolition drive on the morning of September 23 turned violent when the people protested. Police, dressed in riot gear and armed with sticks and guns, reportedly clashed with protesters and shot dead one person. A video that captured a photographer stomping on the lifeless, bullet-ridden body of the victim, went viral on social media, which forced Chief Minister Himanta Biswa Sarma to order a judicial probe in the matter. Following public outrage over the brutality, the Assam Police arrested the photographer and handed his case to the Criminal Investigation Department. A 12-year-old boy was also killed in police firing. Some houses were set ablaze.
The government claims that the houses demolished were illegal structures, but the evictees counter that they have been living in the area for over 40 years. Many of the families had moved from other districts like Nagaon, Barpeta and Goalpara in the 1970s and 1980s after they lost their land to erosion.
The land dispute stems from the state’s decision to free government lands from ‘encroachment’. Nearly a month after taking over as the chief minister, Sarma announced that the government will use about 25,666 acres of land “freed from encroachers at Gorukhuti, Sipajhar, in Darrang for agricultural purposes”.
The Bengali-Muslims whose houses were demolished allege victimisation by the Assam government and call their eviction ‘forceful’. At the start of the eviction drive, the authorities reportedly asked them to move to a spot next to the river, which is flood-prone and unfit for habitation. The displaced families now find themselves cramped in shanties propped up with whatever is left of their homes, without access to basic amenities like toilets.
Following the evictions, a public interest litigation was filed by Debabrata Saikia, a senior Congress leader, seeking the formulation of a rehabilitation, compensation and resettlement policy for the evicted people. In October 2021, The Gauhati High Court directed the Assam government to file an affidavit in the matter. The state’s advocate-general had sought three weeks to comply.
In the next hearing on November 3, 2021, Sipajhar Revenue Circle Officer Kamaljeet Sarma, representing the Assam government, submitted the affidavit in the court, which stated that the government had earmarked 130 hectares for relocating the evicted families if they could prove their citizenship, besides a set of other requirements. The government also stated that the evictees were not eligible for compensation as they were ‘encroachers’ and were, in fact, ‘liable to be evicted at any time’.
The probe into the killings had not begun until December 2021 as the retired Gauhati High Court judge leading the inquiry did not have staff for the investigation.
Meanwhile, the Darrang district administration has started the rehabilitation of the families. On February 15, 2022, at least 66 families were relocated to Shyampur area. The district administration has reportedly made arrangements for clean drinking water and access to toilets along with road connectivity.
Demand for rehabilitation
Demand for compensation
Demand to retain/protect access to common land/resources
Rural
Common and Private
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
Yes
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Non-rehabilitation of displaced people
Non-payment of compensation/promised compensation
Lack of legal protection over land rights
Violation of fundamental rights
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
The Gauhati High Court
Case Number
PIL 65/2021, PIL (Suo Motu) 6/2021, PIL 76/2021, PIL 69/2021
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Killing
Physical attack
Torching of houses
Displacement
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Two people, including a teenaged boy, were killed and many others injured, including policemen. Some houses were razed to the ground while others were set ablaze.
Date of Violation
September 23, 2021
Location of Violation
Sipajhar, Assam
Nature of Protest
Protests/marches
Government Departments Involved in the Conflict:
Revenue Department, Home and Political Department, Assam Police
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
All Assam Minority Students Union, Prabajan Virodhi Manch, Sangrami Satirtha Sammelan, Dakshin Mangaldai Gowala Santha
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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