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Legal Review by
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Updated by
Published on
March 11, 2023
Edited on
Land Area Affected (in Hectares)
Starting Year
Laika and Dodhia Villages
Laika is located in Tinsukia and Dodhia is located in Dibrugarh district
Tinsukia
Protected Areas
National Park
In the aftermath of the 1950 earthquake in Assam, caused by a continental collision, thousands of families from the Mising tribe, living along the banks of the Brahmaputra, were displaced as the earthquake changed the course of the river by several kilometres. The government of Assam established the Laika and Dodhia forest villages in Dibru and Saikhowa forests, respectively, between 1951 to 1957 to settle the Mising community (Dibru forest was notified as a reserve in 1890 and Saikhowa was notified as a forest reserve in 1929). In 1986, the Dibru and Saikhowa forest reserves were merged to form the Dibru-Saikhowa Wildlife Sanctuary, which got the status of a biosphere reserve in 1997 before being notified as a national park in 1999.
The rehabilitation of the residents of Laika-Dodhia villages have remained a contentious issue since. Successive governments in the state have failed to rehabilitate the displaced families as they could not find suitable land. And the families that are currently residing here have been displaced multiple times due to recurrent floods and erosion.
The Takam Mising Porin Kebang (TMPK) alleges that Dibru-Saikhowa Wildlife Sanctuary was upgraded to a national park without consulting the forest dwellers living in the area.
According to a news report, the Mising families lack basic facilities, such as electricity and water supply, and have been denied access to government welfare schemes since 1986, although a government notification mandated that the residents be permitted to reside in the forest area till they are shifted elsewhere.
The flood in the state in 2012 again displaced the Mising community from Laika-Dodhia and they moved to Namphai forest reserve but were evicted by the forest department. In the years that followed, the Mising community has faced several evictions and harassment at the hands of forest officials. In 2013, the authorities burnt down newly built huts of the Mising families who had settled in Namphai, calling them ‘encroachers’. Local people too protested against their settlement, raising slogans such as ‘Mising go back!’ Following another major flood in 2017, the Misings entered Tarani forest reserve, but there too the local people resisted, which led to armed intervention by the police.
On July 21, 2017, a meeting was chaired by the deputy commissioner in Tinsukia with the district administration, forest department and TMPK representatives, where it was unanimously decided that the state government “will take all necessary steps for the rehabilitation of the legal inhabitants of Dodhia forest village in Dibru Saikhowa National Park” within eight months. Three years have passed since, but the rehabilitation is yet to materialise.
On October 20, 2020, in a letter addressed to the Tinsukia Wildlife Division for the relocation of Laika and Dodhia residents, 373 hectares of land were proposed to be allocated in Owguri area of Upper Dehing Reserve Forest division. But during a detailed survey, it was found that rehabilitation would involve the felling of 8,000-10,000 trees. It could further lead to human-animal conflict due to close proximity to a dense forest. A committee constituted by the Tinsukia deputy commissioner had also objected to the rehabilitation of all people into a single area in Owguri.
About 3,000 Mising residents of Laika-Dodhia have been staging a protest since December 2020 at a makeshift site near the deputy commissioner’s office, which went on for more than 43 days. Three protesters, including a 24-year-old pregnant woman and another 50-year-old woman, died due to cold and lack of health facilities at the makeshift camp.
On December 29, Congress leader Debabrata Saikia wrote a letter to Assam Chief Minister Sarbananda Sonowal seeking urgent resolution of the issue and demanded legal land rights for the Mising community. Citing how four schools in Laika were washed away by floods, Saikia highlighted the constitutional provisions that he said were violated, such as the Right to Education and the Right to Life. He had also written to the National Human Rights Commission, alleging gross injustice to the Mising community.
On December 30, Sonowal constituted a 10-member committee headed by Environment and Forest Minister Parimal Suklabadya. The committee submitted its proposal to the state on January 8, 2021, suggesting alternative sites for rehabilitation. The new proposal seeks to divert 135 hectares of forestland under Lakhimpur forest division for Dodhia residents, 166 hectares of Paharpur reserve forest and 72 hectares of land from Namphai forest reserve for Laika residents. The proposal has not found any support from a large section of the Mising tribe. Community members, along with the TMPK, have made their own list of favourable places for rehabilitation. They have also demanded that each family moving out of the national park should be given 0.67 hectares of land.
Demand for rehabilitation
Demand to retain/protect access to common land/resources
Demand for legal recognition of land rights
Rural
Common
Forest
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
Forest and Scheduled Area Governance Laws
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.
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
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-implementation/violation of FRA
Non-rehabilitation of displaced people
Forced evictions/dispossession of land
Lack of legal protection over land rights
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Gauhati High Court
Case Number
WP(C)/353/2021, WP(C)/723/2016
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Other harassment
Torching of houses
Whether criminal law was used against protestors:
Reported Details of the Violation:
In 2013, authorities burnt down newly built huts of the Mising families who had settled in Namphai, calling them ‘encroachers’.
Date of Violation
Location of Violation
Na
Nature of Protest
Protests/marches
Campaigns (grassroots organisations/press releases/media)
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Department of Environment and Forests, Government of Assam, Principal Chief Conservator of Forests, Lakhimpur Forest Division, Tinsukia Wildlife Division, Chief Wildlife Warden of Assam
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?
N/A
Communities/Local Organisations in the Conflict:
Takam Mising Porin Kebang (All Mising Students' Union), All Assam Students' Union, All India Tribal Students Association-Assam
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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