Chhattisgarh
,
Nagadabra and Tandidahra villages in Pandariya Block
,
Kabirdham
Published :
Nov 2020
|
Updated :
Police, Forest Department Allegedly Assault Baiga Community in Chhattisgarh, Evict 150 Households
Reported by
Deepika Joshi
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
720
People affected
2002
Year started
121
Land area affected
Households affected
720
People Affected
2002
Year started
121
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

In 2016, the Joint Forest Management Committee (JFMC) of Kodwagodan and Mathpur panchayats, in collusion with the state forest department, allegedly destroyed crops and fenced agricultural land in Nagadabra village located in Pandariya block. The forest department also took away grazing animals of the farmers and returned them only after being bribed. From 2017 to 2019, multiple incidents of violence took place in Nagadabra when the police teamed up with the forest and revenue departments and destroyed houses and beat up people. The authorities claim that the Nagadabra residents have settled on land for which they do not have title deeds. The residents, on the other hand, refute this allegation. Faglu Baiga, the village head and one of the first persons to migrate from the hills to settle in Nagadabra, showed LCW his land deeds/patta to prove his ownership. However, he adds that the situation is complicated as the people have been given land deeds for plots adjacent to the land where they reside, creating confusion over ownership. Violence also broke out in the new hamlet of Tandidahra adjacent to Nagadabra. After the monsoons in 2016, about 75 families from the Baiga community settled in Tandidahra after receiving written permission from the sub divisional magistrate, hoping to eventually get title deeds for the land. This settlement was also attacked thrice from 2017 to 2019 by the JFMC of Kodwagodan and Mathpur panchayats, forest department, revenue department and the police. The residents were assaulted, newly made huts were burnt, water sources were destroyed, land was bulldozed and agricultural equipment and mobile phones were confiscated. In July 2018, the villagers were evicted the authorities forcefully corralled them and their cattle into trucks and dropped them off in a faraway village. At least 150 households (75 each in Nagadabra and Tandidahra) have been affected by the crackdown by the administration. Almost all of these families are from the Baiga tribe, listed as PVTG (particularly vulnerable tribal group). When the villagers and local activists protested against the violence, they were assaulted and beaten up by the police. Various complaints were also lodged at the block, district and state levels over the years. But no significant action has been taken, except for a report sent by the State SC/ST Commission in 2017 to various district authorities after conducting an inquiry, in which it asked the district authorities to resolve the issue after discussing with the communities and to provide land to the families instead of evicting them. The protesters too have demanded a stop to the violence by the forest, revenue and police departments, resolution of confusion over _pattas _for adjacent plots of land in Nagadabra and resettlement of the 75 families from Tandidahra. They have not taken any legal recourse yet. On September 17, 2020, the state authorities again destroyed standing crops grown by farmers in Nagadabra and let animals loose on the fields. The villagers submitted written complaints to the district collector, police and the forest department. "We grow crops in the hope that we will earn our own food and yet they are destroyed," one of the residents told LCW. They are now trying to file a public interest litigation at the Chhattisgarh high court. Meanwhile, the households that were trying to settle in Tandidahra have moved back to their native villages of Birhuldeeh, Fifdi and Karhalu in the hills, to name a few, for fear of violence by state authorities and neighbouring panchayats, although they have not abandoned their claim on the land.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand for promised land

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

Forest and Non-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?

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?

4
Additional Information

Government Departments Involved in the Conflict:

Forest Department, Revenue Department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

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:

5
Information on the use of criminal law

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?

Legal Supporting Documents

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Author
Reported by
Deepika Joshi

Deepika has been working in Chhattisgarh on health systems, social determinants of health, food security, tribal health and forest rights through research, advocacy and community engagement. She is an active member of the People’s Health Movement, Right to Food Campaign and People’s Union for Civil Liberties, Chhattisgarh.

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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand for promised land

Complaint against procedural violations

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

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

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