Protests against Army Atrocities Fuels Inter-Community Clashes in Assam

A blockade of National Highway by protesters in Tinsuiki District of Assam against the killing of a youth by Indian Army personnel in an alleged fake encounter spiralled into inter-community clashes after angry adivasi tea garden labourers attacked the supporters of the Blockade with sharp weapons on Sunday, May 13 2007.

The Assam Tribune reports:

"The death toll in the Doomdooma area increased to eight as tension continued following clashes between two groups of people at Tiphuk and Rupai Siding since Sunday evening.

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...the police today opened fire on an irate mob at the Hansara area around 8 am, following which one person died and two of them sustained serious injuries. The dead has been identified as Sukra Tati (42)."

The Sentinel further states:

"In another incident, one protester died while 40 others were injured when the truck they were travelling turned turtle near the Kakopathar BDO office at Sikolijan Khumsang gate this morning. The administration was taking the protesters blocking the road on a truck (AS-21-3610) from Rupai to Kakopathar. The deceased has been identified as Babul Das (30) of Kakopathar. The injured were rushed to the Tinsukia Civil Hospital and Assam Medical College and Hospital, Dibrugarh.

Meanwhile, curfew has been extended to Digboi from this morning with Army jawans staging a flag march at Kakopathar, Pengeri, Bordumcha and Doomdooma to prevent any untoward incident."

In a related news, The Morung Express reports:

"Arunachal Pradesh Chief Minister Dorjee Khandu has sent an SOS to his Asom counterpart Tarun Gogoi as crisis of essentials deepened in Dibang valley and Lower Dibang valley districts in the state due to blockade of National Highway number 37 in the neighbouring state."

Army Confesses to Fake Encounters in Assam

Calling the killing of a youth in Assam last week "unfortunate", Indian Army officials in Guwahati said on Thursday they have ordered a probe to punish guilty officials involved in the fake encounter.

"The killing of Budheswar Moran was unfortunate," Major General NC Marwah, general-officer-commanding (GOC) of the second Mountain Division, told reporters. "I assure you that the inquiry would be impartial and those found guilty will be punished," he added.

The killing of 24-year-old Moran in an alleged encounter over the weekend in eastern Assam's Tinsukia district has led to protests with hundreds of people blocking highways since Monday near Doomdooma, 515 km east of Guwahati. The army had claimed Moran was a "hardcore militant" of the outlawed United Liberation Front of Asom (ULFA). But locals and family members say that Moran was innocent and that he had no links with any rebel group.The army on Wednesday announced a court of inquiry.

The Assam government also ordered an independent probe to investigate the death following the widespread protests."The very fact that the GOC admitted to the fake killing vindicates our stand that such state-sponsored terrorism is rampant in Assam in the name of countering militancy," said Lachit Bordoloi, who heads the Manab Adhikar Sangram Samity (MASS), a leading rights group in Assam. [Source: Morung Express]

Irom Sharmila Granted Bail

A Delhi court on Friday granted bail to human rights activist Irom Chanu Sharmila, who has been on a fast-unto-death for over six years demanding repeal of the Armed Forces (Special Powers) Act. She has been charged with attempt to commit suicide. For details see this report.

"Green" Courts and the Intent of MoEF

Kalpana Sharma expresses concern over the nature of the proposed "Green" Courts and the lack of sincerity and transparency with which the Ministry of Environment and Forests (MoEF) is dealing with the exercise:

"...The substance of the proposed law should be in the public domain and ought to be debated by people beyond those in government before it is presented in Parliament. But none of this will happen if the MoEF has its way.

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The excuse being used to set up an environmental tribunal is that there are too many cases pending in courts. A Central tribunal in Delhi and regional ones, it is argued, will take the burden off the courts. The plan is based on the assumption that the groups presently taking matters to court will be satisfied with the civil remedies that the environmental tribunal will offer. What is not so well known is that apart from communities with grievances, proponents of projects can use the tribunals to clear their projects if they feel aggrieved that they have been denied permission on environmental grounds. The government would argue that such a set-up would obviate the need for specific committees as the tribunal could set up its own committees to look into specific projects.

On the surface, this appears reasonable. But people selected by the government will man the tribunals. When the majority of the cases that land up in court concern government policy and the perception of groups and communities that the government is violating its own laws, how can such tribunals be viewed as impartial?

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It is also significant that the Ministry wants to change the definition of the word "expert." It restricts it to people with certain educational qualifications as well as people with experience in administration. In other words, people with science and economics degrees will qualify as also retired bureaucrats but people with decades of experience in understanding and monitoring the environment and the inter-linkages between different aspects of the environment will be kept out. This appears a deliberate attempt to exclude the activists who have served with distinction on numerous "expert" committees over the last two decades and who have also been the ones asking uncomfortable questions."

Acquired Land is Property of the Government, Says the Supreme court

As the question of acquisition of land by the State comes into spotlight with protests in Singur and Nandigram among many other zones, the Supreme Court of India has affirmed an expanded the scope of the theory of eminent domain under which vests in State the power of acquiring land.

The Court said that once a piece of land has been duly acquired by the Government under the Land Acquisition Act, it becomes the sole property of the State. Critically, it held that even if the purpose of the acquisition no longer exists, the State can dispose of the same to anyone for the market value.

The Apex Court was hearing a matter relating to acquisition of land by Tamil Nadu Housing Board for construction of multi-storied apartments in Padi Village of Tamil Nadu's Ambattur Taluk in 1978. Even after passage of 21 years, the building project did not come up and the affected persons moved the State Government and later the Madras High Court demanding that the acquired land be handed back to them.

Arunachal Pradesh Assembly Asks for AFSPA Repeal

The Arunachal Pradesh State Assembly, acting on a private motion moved by Wangling Lowangdong, an Independent Member, has resolved that the State Government should take steps to approach the Centre for the repeal of the Armed Forces (Special Powers) Act from the State.

The original motion had pleaded for an immediate repeal of the Act by the State Government from the districts of Tirap and Changlang where the Act has been in vogue since September 1991. However, the Chief Minister said the Act promulgated by the Centre could not be lifted by the State and suggested that the State could approach the Centre for its repeal.

The House adopted the motion incorporating the suggestion of Chief Minister Gegong Apang and resolved that the State Government should take steps to approach the Centre for the removal of the anti-terror law.

Manipur Assembly Defeats Move to Repeal AFSPA

The Manipur State Assembly rejected, by voice vote on 19th March 2007, a private member`s resolution to urge the Union Government to repeal the draconian Armed Forces Special Powers Act, AFSPA 1958. The resolution was moved by MLAs Radhabinod Koijam of the NCP and RK Anand and I Ibohanbi of the MPP.