The National Human Rights Commission (NHRC) has issued a final reminder and sought for Action Taken Reports (ATRs) from the Ministry of Home Affairs (MHA) and the Chief Secretaries of Chhatishgarh, Andhra Pradesh, Telangana, Maharashtra and Madhya Pradesh on the issue of prolonged plight and ordeal faced by the victims of Salwa-Judum.
Moved by a petition filed by civil rights activist amd Supreme Court lawyer Radhakanta Tripathy, the Apex Human Rights Panel of India passed the order.
The petitioner, Tripathy, has sought for an intervention of the Commission on issues concerning large number of tribals, mostly Scheduled Tribes (STs), who are alleged to have been internally displaced from Chhattisgarh due to Salwa Judum.
The plight of the displaced people due to police and Naxal violence in 2004-05 has been continuing till today. As many as 55,000 tribals had to leave Chhattisgarh and migrate to Andhra Pradesh, Telangana, Maharashtra, Madhya Pradesh and Odisha, These internally displaced tribals are living in forest area of Andhra Pradesh, Telangana, Maharashtra, Madhya Pradesh and Odisha, said Tripathy.
These tribals have been deprived of the benefits of social welfare schemes like job cards, ration cards, health insurance cards, potable drinking water etc despite the lapse of more than seventeen years of displacement.
Tripathy pointed out that on July 2011, the Supreme Court banned “Salwa-Judum” and directed the state of Chhattisgarh to disband any militia force founded to combat Maoist guerrillas. However, the victims of Salwa-Judum still languish with prolonged injustice.
Contending the major unresolved issues which are being faced by these displaced families are their land and tribal status, the petition stated that even though these victims are entitled for forest rights under Forest Rights Act, most of them don't have Individual Forest Rights (IFR) or Community Forest Rights (CFR) and the issue of ST certificates to the displaced STs.
This inaction and failure of the union and state Governments deprive the victims of availing benefits of various social welfare schemes of the government, he said.
Post the Naxal violence and Salwa Judum, these victims migrated to neighbouring states wherein their present condition is miserable. Tripathy requested the NHRC for an independent enquiry such as a comprehensive survey of the victims and a proper database for them like protection, visit by Special Rapporteur/ Special Monitor of the Commission.
The NHRC will hear the matter by its Full Commission (The Chairperson and all members of the Commission) after the reports from the centre and states are received.
The use of Salwa Judum by the government for anti-Naxal operations was criticized for its violations of human rights and poorly trained youth acting in counter-insurgency roles. The court also ordered the government to investigate all instances of alleged criminal activities by Salwa Judum.
The violation of basic human rights has been continuing due to failure, negligence and inaction of the centre and States. The females suffer from malnutrition, sickle cell, anaemia and other issues related to pregnancy, delivery and menstrual hygiene. The Children lack proper nutrition and care. Subsequently, they are deprived of education, Tripathy said.
Although the Odisha Government has submitted an interim reply, neither the centre nor five states have submitted any reply to the NHRC till date.