PROFITS
OVER
PEOPLE
FACT-FINDING INVESTIGATION REPORT
ON KILLING OF ADIVASI YOUTH
NEAR JINDAL INDUSTRY IN RAIGARH
Dalit Study Circle1
Contact Us
Karbala Para, Behind State Bank of Indore, G.E. Road, Raipur, Chhattisgarh-492001 Contact Phone: 98933-57911 Email: dalitstudycircle@yahoo.com.act-Finding Investigation Report
- Introduction
On 05th May 2005, news appeared in the local daily in Raigarh concerning the firing of Adivasi youth by guards of Jindal. Since it was read by many journals, advocates, social activists, and others the news spread like a wildfire.
Followed by this many social activists from different parts of the state contacted members of Dalit Study Circle and enquired if a fact-finding mission could be undertaken.
Subsequently DSC contacted with people in Raigarh and tried to collect some information about the incident. Since the details of the incident were not as lucid as it was needed, DSC felt the urgent need to set up a fact-finding investigation. A four-member team was constituted in order to investigate the different dimensions of the incidents. On 7-8 May the team visited different areas in Raigarh concerning the case and came forward with several significant findings.
- Facts of the incident
Village Saraipalli comes within Saraipalli panchayat in Raigarh district of Chhattisgarh, at a distance of 8 km from the district headquarters. This village comes under Kotraroad thana.
Saraipalli has a population of nearly 600 with a combination of Adivasis, Dalits and backward communities viz. Gond, Bhaina, Ganda, Sarathi, Agharia, Yadav, Dhobi, and Bairagi. Beyond the complexities and disparities of caste, people are more victimized by the industrial house adjoining their village viz. Jindal.
On the evening of 4th May 2004 Sariapalli was immersed with the celebration of a marriage ceremony. It was around 9.30-10 pm in the night, when a few security guards entered the village picked up Digambar Siddar – an Adivasi youth – and dragged him out of the village towards the Jindal’s expansion area, said Kesar Prasad Siddar. From Digambar’s home the expansion site is just 60 metres far away. Milantin, Digambar’s mother saw her son being rapidly whisked away by the guards, she confirmed before the investigation team. She further said that he was sitting outside the house without knowing what was happening to him and we also didn’t know what has happened. She saw the whole tussle but didn’t understand what was going on.
Some people standing nearby rushed when the guards of Jindal pulled Digambar to the factory area. Before anyone could understand what was happening, one of the guards pointed gun at Digambar and shot. The bullet pierced the neck of Digambar, said Meharlal Siddar. The gun also emits pellets during firing. Another youth – Fanindra Kumar Patel, a first year student of BSc –approaching the spot was stuck on his chest with the pellet discharged during the firing. However he is out of danger.
According to Keshar Prasad Siddar, he reached the spot hearing the gunshot and found Digambar in a pool of blood. Kesar along with few others took Digambar to the hospital where he died. However Kesar remained there till further proceedings were complete.
People heard of some sound like that of crackers and didn’t care much since the marriage ceremony was already on, said one of the youths during the investigation. However within a few minutes of the incident it spread like a wildfire in the whole area.
- Background of the incident
People narrated the immediate background of the incident was suspecting Digambar as a theft. According to them Digambar was taken by the security guards of Jindal under the pretext of theft of construction material from the site, adjoining to the village settlement.
Was Digambar a thief? His mother says that he had never taken anything from anyone. How could her son be a thief? She continues, if he had stolen the material then where it has gone. If he takes it to the market to sell it, he has to pass through the construction site of factory only. Can he go on his own and sell it in the market without anyone’s knowledge? Gauribai, the grandmother of Digambar said that, if he had secretly hidden it somewhere, where did he hide it? Did the guards find the stolen material?
When the factory management and the security guards discovered that some things from the premises are missing, what did they do? Did they register FIR with the nearby police station? What evidence did the company management had to endorse that the things lost was stolen by Digambar Siddar only.
The fact is that he didn’t steal anything. Then why did the guards take him? Rajesh Tripathi of Raigarh Bachao Sangarsh Morcha establishes it, when the expansion project of Jindal was designed; they needed land in the vicinity. And the best option was Saraipalli. Applying different tactics the factory management succeeded in buying land from the people and appropriating the government land too. Most of the purchased land was cultivable land.
The company’s expansion project is planned on this land. With the expansion work, the new fencing is as close as 5 ft. from the settlement. Due to expansion project the routes on two sides had been already blocked, which the villagers used for various purposes, yet people hadn’t opposed as the land was already sold
If the land was already sold then why was the tension between the village people and Jindal’s security guards? Was there any personal enmity between the guards and people? As reported by Rajesh Tripathi that tension groomed between the people and factory administration when the management went on to dig pits in the graveyard of the Adivasis. The Adivasis opposed the act of digging their graveyard and registered their disagreement. People’s argument was that till the time they live in the same settlement their graveyard should not be disturbed, as it was closely associated with their faith and culture. In fact they were undisputed on disturbing their forefather’s holy land once they move out of the settlement. The dispute had been going for some days. Perchance this was the beginning of the story that led to the killing of Digambar Siddar.
The logical end from the above facts draws a clear line of understanding. Since people had voiced against the industrial bullying, it was not tolerable and as a part of teaching them a lesson such an act was unavoidable.
Intimidation tactics of different nature was already on the rise in Saraipalli. Rajesh Patel informed us that about two months back, the guards of Jindal entered the village around 12.30-1 at midnight and asked the villagers why they were still awake. Who are the private guards of Jindal to ask such a question to the villagers? His duty is within the boundaries of Jindal premises not outside it. Do we have some rights within our village or not, continued Rajesh.
Recollecting the night Suresh Kumar Siddar said that people were awake that night because one patient was brought from another village named Kalmi.
Referring to another episode of similar nature, Khemchand Patel said that employees of Jindal come to the village at midnight and blow horns. We had restricted them from entering our village or lances and blow horn during night. Such incidences were already brought to the notice of the company management, yet no concrete action had been taken in this regard.
Much earlier gazing the possibility of fake allegation of stealing and pilfering materials from the Jindal’s construction site, the villagers had taken a decision through their village panchayat that they won’t touch a single thing that of Jindals. Whoever does such an act would be handed over to the police by the villagers as well as excommunicated from the village, updated Suresh Kumar Siddar.
Then why was Digambar murdered? Khemchand Patel says, Jindals want to establish their terror; with this purpose they killed Digambar. Perhaps the guards wanted to finish everyone. After they killed him, the company management had established a means to escape legal measures. Then after we had been hearing that Digambar had stolen something from the construction site. Doubtlessly this is a concocted story. It is to throw dust into the eyes of everyone about the real intension behind.
Hemlal Siddar another Adivasi in his early forties, who runs a petit-shop in the village says that, he and his brothers Khemlal, Narayan, Jawahar, Babulal didn’t sell their land to the Jindals. But the company’s motive was bad and they had dumped iron on the land. He feels that by killing Digambar, perchance the company wanted to convey a strong message to the villagers that anyone who will oppose the motives of Jindal will face the similar consequences. So the motives are clear about Digambar’s killing.
- Opinions about the killed youth
Digambar Siddar was just 19 years and the eldest in the family. He had one younger brother who is approximately 10 years, as told by his family members.
Khemchand Patel described Digambar as a simple man. He continues to say, if anyone slaps on his face, he is someone who wouldn’t say anything back. Rather he would just walk back his way. How can such a humble person do such a crime, who never had any background of criminal character or even the moderate temper. While Khemchand was speaking about Digambar’s background others standing nearby supplemented to it.
Milantin, Digambar’s mother had this to say. He wasn’t a thief nor had habits of moving here and there with friends. Contrary to this he used to be there for anyone in distress.
Reena Choudhary, a young girl about 15 years, hails from Ganda community. She says that the one who was killed was meek and very ordinary.
According to Anita Choudhary, another young lady from the Ganda community, the deceased one was a good man. She doesn’t believe that Digambar had stolen anything. She is of the opinion that it is part of the strategy applied by Jindal to pressurize and threaten them.
This is the same feeling of many people in the village about Digambar Siddar. This puts clear questions on the corporate ethics being followed by the company in the past. Hence an attempt was made to look into some of the activities of Jindal in Raigarh in the past.
- Brief history sheet of Jindal in Raigarh
Raigarh is situated at the eastern boundary of Chhattisgarh, towards its east it touch the eastern boundary of Orissa and Bihar. To the north it is surrounded by Surguja and Jashpurnagar districts, to its west is the Janjgir district. Its southern boundaries touches Mahasamund district.
Jindal industry entered Raigarh in 1989 and established its unit in 1991 under the banner Jindal Steel and Iron Ltd., currently it is known as Jindal Steel and Power Ltd. The plant has been established approximately at a distance of 7 km from Raigarh township. Patrapalli was one of the first villages to come under seize.
According to the people of Pathrapali village, they were told that only 13 acres of land would be taken with their demand for compensative returns. The land will be turned into a beautiful garden, where the children in the countryside could play alike those in the cities. The villager got ensnared in the colourful dream and they could not understand the reasons behind the interest of making a garden by a corporate house for them. However when it came to the demarcation and subsequent fencing a much larger area was covered.
According to Jayant Bohidar, the tranquillity of people in Raigarh had lost after the arrival of Jindal group. Social activists in Raigarh accuse Jindal with forceful displacement, repercussion of workers, applying contract labour system, negligent of air, water, and soil pollution from the factory, environmental impact of mining, despoliation of land, exploitation of water sources, corrupt practices, violation of Constitutional rights, gross violation of human rights, irregularities in mining areas, and so on. Embezzlement and filch is a common episode.
Whenever there are opposition to any of these aspects, Jindal strikes back, says Ramkumar Agrawal, former MLA from Raigarh. He continues to say; in the encyclopedia of Jindal company the major terminologies are “Khareed Lo, Hatta Do, Mitta Do, Phasaa Do” (Buy or remove or eliminate or entrap). How much ferocious and brutal attitude has been adopted by Jindal to fight the gullible masses who are demanding for their sole right to live and livelihood legitimately.
Despite the many hurdles innovated by the company struggle against the Jindals have been going on for more than a decade in Raigarh. Satyabhama was a firebrand Adivasi woman in this area. She was struggling against the government decision to give away water from Kelo river to Jindal. On 19.1.1998 they declared hunger strike till death. And she died on 26.1.1998; the day the country was celebrating its republic all across. Her death had put forward several questions.
Recalling the past experience Jayant Bohidar says, many social activists have been threatened on a number occasions. When the activists refrained from succumbing to the opposition, they were ensnared in fake court cases in different places. People were pressurised to sell their land without opposition.
The present case of Hemlal Siddar and others in Sariapalli where the land has been forcefully taken over for dumping of construction material has ample similitude.
Anita Choudhary narrated different incidences how the workers in Jindal look at the girls in a different way. Most of them are contract labourers. They live in nearby village where Jindal had provided them accommodation. Most of them pass through the village to and fro the factory. Verbal comments, whistling, trying to establish eye contacts, and other harassment are on the rise, she added. Going to school is difficult; Anita had to stop her schools with Std. 8. The reason is that the school was far away from the village and going to schools is never safe for the girl. Now the roads had been blocked then how could we go to schools, she asked the investigation team.
As a part of the Corporate Social Responsibility Jindal has adopted Sariapalli village for social development. While enquired about this then Anita responded like this. The only thing that they do in a year is to distribute some laddu (sweets) to the children in the schools on 15th August and 26th January. If this is what is called as CSR?
Chalmati another lady from Sariapalli said that their land has been despoiled with the dust and now dumping of waste, sand, and iron. This has increased in recent time. She reiterated that it is difficult for girls to move around alone. Dust emission also makes it difficult for students from going to schools as they fall sick quite often.
Contract labour has been the trademark of Jindal in Raigarh. Balmukund Yadav one of the worker’s Jindal from Saraipalli village says that hundreds like him are contract workers. He works as a worker under a contractor named Mohanlal gets a payment of 4100/- since he is a mason. When enquired if they get any Provident Fund or Gratuity or Bonus, Kesar Prasad Siddar told us that there was never any appointment letter, no identity cards or anything, then how could we get any PF or gratuity or bonus? He is working with another contractor for 9 years. He gets a payment of 2800/-. He also pointed that there is not much of occupational safety within the factory. Accidents are very common, but often go unreported.
While talking on these aspects about a dozen labourers from the factory site walked through the lane and when spoke with them they were from Bengal and Jharkhand again working with some contractors. None of them know the exact number but they informed that hundreds from Bengal and Jharkhand are there engaged with their respective contractors.
- Situation After the Incident
People of Saraipalli are fear stuck after the incident. Apparently this was evident from people’s versions. Although there was a long existing fear in the mind of people, this particular incident has prompted the fear psychology.
Anita Choudhary says, she doesn’t like to live in the village anymore. She feels like leaving the village and going somewhere. She is very much afraid after the murder.
Chalmati also resorted to a similar conclusion. She said that the benevolent atmosphere had been badly polluted due to the presence of Jindals. We are not sure how we could continue in this village under this situation.
Rajesh Patel expressed the present state of insecurity as a matter of serious concern. No sense of security is felt within the village. Though the situation was not different earlier, yet people were living in a better-secured state. Today Jindal’s security guards ask us why are we awake at night and tomorrow they will ask us why are we living in this village.
- The Police Action
The investigation team was not able to meet with many police officers. However we were able to meet with the CSP B. M. Puri in a flash. While enquiring about the status of the case he informed us that four security guards who were working in Jindal had been arrested. While asked for a copy of the FIR he refused to give us a copy of the same.
Police had registered a case under sections 147, 148, 149, 302, 307 of IPC, sections 25, 27, 30 of Arms Act and section 2(5) of SC/ST Atrocities Act against the four accused guards.
Apart from this the district collector had announced a compensation of Rupees One Lakhs to the family of the Digambar Siddar another Rupees Two Lakh had been given by the Jindal administration.
CSP Puri also informed the investigation team that one guard was also admitted during the same night at 10 pm. He claimed that a case had been filed against the security guards. However he confirmed that no case had been registered against anyone from the Jindal management.
When enquired with the family members of Digambar if they had got a copy of the FIR or copy of the Post Mortem (Autopsy) Report, the answer was a big no!
- Arising Concerns
First and foremost is that the corporate houses often cash such incidences since it easily passes the message of money power to the people. People living in terror and fear are not healthy sign for democracy. The fear psychology has been crucially designed in this case of proving that anyone who would try to break the shackles of power and domination will be defeated without any response.
In Raigarh people have got less faith in the police and administration, since they strongly feel that the Jindal runs it. Here is how Rajesh Tripathi puts it. There is no administration or police or even legal framework for the poor. All is perfectly reserved for the rich. Jindal is running a parallel government in Raigarh. Everything is bought and sold, just like a commodity in the market. For the administrative officials Raigarh is the pastureland in the whole of Chhattisgarh.
Constitutional bodies like the gram sabha, panchayats never heard. Even there are plenty of agents to overt the panchayat in the big man’s favour as and when wanted. Then what is law and order or administration to the ordinary person? People are compelled to accept their life as per the whims and wishes of the corporate empire. The present status of accepting whatever is going on is taken as a part of their fate.
The fact that police is acting in a disreputable manner is clear in various incidences. Since there was a pressure, the guards have been arrested. But the real people behind are not brought into limelight. It should be noted that the assassination of trade union leader Com. Shankar Guha Niyogi was a planned move of the industrialists in Bhilai. Hence there is an underlying factor in this case too about the involvement of Jindal management,, which hadn’t ever taken by the police into serious account. The Jindal management is equally responsible in this case since it has a clear track of such incidences and tendencies in the past.
Killing of Adivasi youth is a clear violation of human rights. Violations of human rights in the past haven’t taken into serious account in Raigarh particularly related with Jindal group. This in particular had been the weakness of police and administration in Raigarh.
Whenever such incidences happen what utmost is done is to provide some monetary compensation. But human rights violations cannot be compensated with money only. It is vital to take appropriate measures to prevent violation of human rights and occurrence of such incidences in future. Furthermore, non-existence of such a mechanism gives a free hand to the culprits with criminal tendencies. If such measures are not taken it will be in a way or other leaving the culprits. Leaving the Jindal management scot-free in the past had in a way armed it with renewed confidence and courage to carryon such activities without any difficult in future. Hence in a way the police are also party in continuity of human rights violation.
Article 21 of the Constitution ensures the right to live and livelihood as a fundamental right of every citizen. Article 39(a) states the right to earn a dignified livelihood. Article 39 (b) upholds that the State shall in particular direct its policy towards securing – that the ownership and control of the material resource of the community are so distributed as best to sub-serve the common good; that the operation of the economic system does not result in the concentration of the wealth and means of production to the common detriment. Article 46 states that the State shall promote….the Scheduled Caste and the Schedule Tribes, and shall protect them from social injustice and all forms of exploitation. The activities of Jindal plant near Saraipalli in Raigarh – in particular the recent killing of Adivasi youth – constitutes a gross violation of the constitutional rights determined and asserted in it.
India has been a signatory to the UN Declaration on Forced Eviction ever since 26.8.1991 and is duly obliged to respect that commitment,, which categorically states that “the ultimate responsibility for preventing evictions rests with the government” and “Forced Evictions constitute a gross violation of Human Rights”. The declaration adds, “Consciously that Governments often seeks to disguise the violence that may be associated with forced eviction by using terms as ‘cleaning the urban environment’, ‘urban renewal’, ‘overcrowding’ and progress and development’. Conscious that misguided development policies can result in mass forced eviction”.
“Aware that forced evictions can be carried out, sanctioned, demanded, proposed initiated or tolerated by a number of actors, including but not limited to occupation authorities, national governments, local governments, developers, planners, landlords, property speculators and bilateral and international financial institutions and aid agencies.” Verily Jindal is a case of planned development or planned eviction. This needs to be challenged at all levels. There are many other laws being violated.
Violation of right over livelihood is a gross violation of human rights; whether it is forest, or land or aqua resources. There are sufficient provisions to protect people right over livelihood resources based on Constitution of India. These rights of the people should be upheld by the administration rather than functioning as puppets of industrial houses.
The trust of the disinherited had been shattered and disowned by the disingenuous attitude of proximity of industrial houses with the state. In the past even the highest offices of the President and the Governor closed eyes and remained disabled to use their prerogative powers. Certain isolated attempts were made, that too under tremendous pressure. All attempts were only to sugarcoat and water-down the efforts of democratic protests and peaceful opposition, which give an impetus to the Jindal to capitalise the situation and overthrow the people’s aspirations.
- Recommendations
Under the above-mentioned circumstances it is vital to initiate an impartial investigation into the whole incident of the killing of Digambar Siddar and indirect pressure tactics of Jindal Company. All the cases of human rights violation should be seriously looked into since there are clear narrative chronologies of many incidences of similar nature in Raigarh in the past.
All those behind the killing of Digambar Siddar including the overall management of Jindal as well as the tardy police and administrative officials should be brought under the clutches of law. Unless there is an uncorrupt, honest, sincere and strong administrative and police set-up all such anti people activities will continue as in the past.
Ensure security to the inhabitants of Saraipalli and also to all other villages in the vicinity affected by the Jindals as well as other industries in Raigarh. Proper direction should be given to the administration to ensure the safety and security of people living under utter terror and fear, particularly the villages in the surrounding areas of the plant. Failure in doing so will have severe impact.
The state government should take precautionary measure of preventing such atrocious incidences on ordinary villagers, particularly weaker section in future since it is a constitutional right.
Ensure the constitutional rights, human rights, political rights, educational and health rights of the people in Raigarh, which has been thrashed by the corporate houses. Any infringement of these rights are violation of a whole set of human values and particularly the very right to existence and survival. It is recommended to set-up a vigilance committee comprising of social activists and local villagers from the affected villages in Raigarh in order to continuously monitor violation of any of these.
The killed persons family should be properly compensated so that they resume their lives anew and afresh. Compensation is not just in terms of monetary disbursement but also at large in creating an environment of justice and peace. Sense of liberty and tranquillity needs to be inculcated, which had been lost due to the demise of their beloved one. In reality no compensation could fill their psychological and cerebral wound to the family, but all possible efforts should be made.
Fanindra Kumar Patel, who survived the pellets, should be provided with protection as his life is still on the point of Jindals. It is not impossible, as in the past, that he and his family could be bribed and threatened to shut their mouth. Such aspects should be taken into serious account. It is not to be debated that the treatment cost of the injured person should be borne by the factory management.
Immediately stop the expansion project and look into the legitimacy of the expansion program. If the permission had been granted or not? Also the questions such as environmental clearances, the extents of land purchased from people, the extents government land appropriated vis-à-vis actual acquired land, occupational security to the workers, etc. should be investigated by an independent body.
The state should become more responsible and accountable to the masses. In a globalised era, the sweeping changes in political structures, coupled with the disempowerment of state, it won’t be so easy for the people to survive. All measure of a ‘welfare state’ has disappeared in the whirlwind of planned development and further outgrown with the globalisation liberalisation policies. Democratic space should be defended in its best form or the situation will instigate people to become anti-social elements.
- Conclusion
The picture is lucid in Raigarh how the concept of industrialisation under planned development had gone against the people. How intensively the anti people policies had come up in the past to the extents of eliminating ordinary people like Digambar is as clear as black and white.
Industrial revolution,, which made a colourful and dreamy entry, is turning out to be the worst form of human development. The steady economic growth of industries with active support from the state machinery is directly proportional to the unchecked exploitation of masses. Most of them belong to marginalised communities such as Dalits, Adivasis, women, are the sufferers of this trauma.
Decolonisation of erstwhile colonies invariably saw the elite take control of political power. Naturally they were inclined to capitalism preferring to inherit the colonial state – its laws, structure and character – rather than to transform it fundamentally in ways to respond to the most urgent needs of the oppressed sections.
With the advent of globalisation, sweeping changes have come about already, throwing to the winds the earlier pretensions and legitimacy, of the state and the political system that controls the state. This has become possible in many ways, one of, which is the extension of economic rationality to all spheres of public and even private lives. The corporate houses easily flout even laws and rights. This unique phenomenon is the salient features in the case of Jindal industry in Raigarh.
Until such situation remains, many more Digambars will have to sacrifice their life on the altar of industrial development. This challenge still remains in its crude form. We appeal to all progressive forces, media, and concerned people and individuals to undertake the challenge.
On behalf of the fact-finding investigation team: Goldy M. George, Sandya Bodelkar, Virendra, and V.K. Prasoon