Collateral damage: Adivasis caught between police and Naxals

Political dialogue, employment and academic opportunities will give tribal communities a fighting chance against vulnerability

Madkam Hunga, 25, spent five years in detention before acquittal. He was a suspect awaiting trial in connection with the 2017 Maoist attack on the Central Reserve Police Force in Chhattisgarh.

“Even we didn’t know such a thing would happen. We were in the village,” says Hunga. On the unfortunate day, the villagers were busy celebrating bija pandum, a tribal festival, in Burkapal village, located around 72 km from Sukma town of southern Chhattisgarh.

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In the period Hunga spent in jail, his house crumbled. One of his two children, a six-year-old, is differently abled. Caring for her became difficult — Hunga’s wife had passed away in 2016.

His life was disrupted. Had he not been detained, he could have tried to have his daughter treated and spent time rebuilding his house.

“We had no idea that we would be taken to jail,” he says. Now back in the village, his focus is on tilling land and taking care of his mother. The other option is to go to Andhra Pradesh for work. “We are all innocent. We are surviving on farming and manual jobs,” he says.

Villagers from the neighbouring hamlets of Sukma were accused of colluding with the Communist Party of India (Maoist), a banned insurgent organisation, during an ambush on the 74th battalion of the Central Reserve Police Force in 2017.

The jawans were guarding a road that was under construction. Twenty-five of these jawans were killed in the ambush. The attack was carried out by 200 to 250 Maoists on the road connecting Burkapal and Chintagufa in Sukma.

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Travelling through Burkapal and other hamlets, DH located 16 Adivasi villagers among the 121 acquitted by a National Investigation Agency (NIA) court in Dantewada on July 15. The trial was in connection with the 2017 attack.

“We are going through the court verdict, based on which we will take our next step,” says Sundarraj P, inspector general of police, Bastar region.

They talk about having lost dear ones, not being able to care for old parents and young children, and spending all their savings on lawyers’ fees. They also talk in despair about houses that gave in to the inclement weather and livelihood opportunities lost. The impact of the detention — the miseries and the losses — are there for all to see on these pensive faces. Lost in thought, many tend not to engage, pleading innocence and maintaining that they had no role to play in the tragedy.

The court’s acquittal can be interpreted in two ways. First, that the prosecution could not prove charges against the accused. Or, as human rights activists argue, the villagers were rounded up without sufficient investigation.

Around twelve kilometres from Burkapal is Minpa. The road to Minpa, lined with dense foliage, is a lifeline for surrounding villages. Kawasi Pojja is a young man in his 20s. His only assets are his old parents and siblings. He has resumed tilling on a patch of land that he owns.

Pojja had been to another nearby settlement, Chintagufa, with fellow villagers, representing a bridegroom. They went to visit the bride’s house in June 2017. The visit was part of a wedding that was to be solemnised. At Chintagufa, Pojja was detained.

Returning home after five years, he says his parents want to get him married. They have grown older. But opportunities to earn a living are few.

At Karigundam, another settlement, acquitted villagers narrate how the five-year detention changed their lives.

The Burkapal verdict is a case in point. As far as Chhattisgarh is concerned, a wider legal development is underway.

The Bhupesh Baghel-led government, which came to power in 2018, took the decision to review police cases against the Adivasis in the state. Adivasis are prone to detention in cases related to left-wing extremism. In March 2019, a Committee headed by retired Justice A K Patnaik was formed.

The Committee was to review all cases registered under the Indian Penal Code (IPC), National Security Act (NSA), Unlawful Activities (Prevention) Act (UAPA) and other central Acts, besides offences under state Acts.

Available information suggests that around 600 cases against Adivasis have been withdrawn, following the suggestions of the committee. But such a move is yet to have a larger impact on people stuck in cases concerning Naxalism.

Apart from the Burkapal case this year, perhaps the most significant is that of the 2011 case against Adivasi rights activist Soni Sori, and three others — all of whom have been acquitted of charges by a special court in March.

A large number of cases in the region are ‘Naxal cases’, explains Bichem Pondi, a lawyer who defended the accused in the Burkapal case.

In cases concerning left-wing extremism (LWE), laws like UAPA, Arms Act, Explosive Substances Act and IPC sections that are non-bailable are considered.

“The Adivasis usually have no money to pay legal fees. Their families have no idea what the charges are and what crime is keeping the accused in jail. All they ask is when their loved ones will come home,” says Pondi.

Many activists and locals, too, cast aspersions on the administration. One out of four police personnel believes that Adivasis are likely to be engaged in Naxalite activities, according to a 2021 report.

Given the remoteness, different cultures and languages, the ‘othering’ of tribal communities is common. It is assumed that a section of the tribal population is influenced by left-wing extremism.

Land rights still elude many tribal communities and make it easy for Maoist insurgents to influence locals.

The administration

From the point of view of the administration and the forces, it is a never-ending war against the Maoists. Such a critical and sensitive situation, in their view, leaves absolutely no scope to believe that such a massive attack could have been attempted without the assimilation of local information and support.

Police and public order are state subjects. At the national level, the Union government, however, took up a national policy and action plan in 2015 to tackle left-wing extremism. The policy approach involves security measures and development interventions.

For security, the Union government provides CRPF battalions with training, arms and equipment, funds for the modernisation of state police forces, and capacity building. The construction of fortified police stations is also one of the activities.

Development activities include building roads, better telecommunication connectivity, skill development of the youth, and financial inclusion through the opening of bank branches and installation of Automated Teller Machines (ATMs). New post offices are also being opened in affected areas.

Decline in incidence

The implementation of this policy has brought down LWE violence — by around 77% in 2021 compared to the year 2009. According to a Rajya Sabha reply by Nityanand Rai, Minister of State for Home Affairs, the number of incidents reduced from 2,258 in 2009 to 509 in 2021.

The number of deaths — of civilians and security forces personnel — in 2021 stood at 147, 85% lower than 1,005 in 2010. The geographical presence of extremists has reduced from 96 districts in 2010 to 46 in 2021.

Under the Bastar division, which covers seven districts including Sukma, 2,710 out of 4,011 villages were under the influence of the left-wing extremists until 2018. Over four years, influence has been eliminated from 589 villages.

However, the consistent engagement between the security forces and the extremists in the affected areas has left villagers trapped as collateral damage in a vicious cycle of suspicion.

Pondi says that a more focused investigation should be done in such cases, instead of suspecting all people in a given village. The officer who investigates should have knowledge of the language spoken by the Adivasis. “Mend their fields, make them self-reliant and offer academic opportunities,” he adds.

Soni Sori feels that proper investigation should be carried out before villagers are charged. While extremists claim to be fighting against the forces, their actions leave tribals to suffer in a difficult situation. The Burkapal ambush is one instance.

Activist and lawyer Bela Bhatia, who also fought the case, says the Adivasis in affected areas are not able to live normal lives and there is no place where they are completely safe.

“They can be picked up under suspicion by either side. Police may accuse them of being Maoists and Maoists may think they are police informers,” she says. “The only hope is if there is a declaration of a ceasefire that both sides respect and an unconditional political dialogue is initiated,” she adds.