Monday, February 8, 2010

LETTER TO THE CHAIRMAN , SC/ST ASSEMBLY COMMITTEE, ORISSA

TRIBAL WELFARE SOCIETY

(HO: New Delhi)

Zonal Office (East Zone)

[Covering Chhattisgarh, Orissa, Jharkhand and W. Bengal]

A/3, Indrajeet Complex; High Court Road. Bilaspur, Pin 495-001. (Chhattisgarh)

Email : tribalwelfare@gmail.com

REGISTERED WITH A/D


20th January ’ 2005

To,

The Chairman

SC ST Assembly Committee

Bhubneshwar. (Orissa)

Sub : Non-Implementation of Rehabilitation package causing hardship and losses to tribals and others at Orissa / Flouting of rules and norms of Rehabilitation of displaced persons at different places of Orissa including Kalinga Nagar. / Criminal activities committed on tribals by non tribals particularly the industrialists. & Indifferent attitude of administrative machinery .

Ref : Discussions with you and other members of the House Committee in the subject at Kalinga Nagar, Dist : Jajpur (Orissa) on dated 17.01.2006

Dear Sir,

This has reference to the discussions undersigned had with you at Kalinga Nagar on 17.01.2006, on the above-mentioned subject. We would like to draw your kind attention to few specific cases where such incidents took place but those poor tribals are still in search of justice due to the indifferent attitude of the administrative machinery. You will agree that such kind of scenario certainly demoralizes the tribals in general and those who have been the victims in particular.

We have also come to know through the newspaper reports which states that outside elements are instigating Adivasis of Kalinga Nagar, including the name of the undersigned as one amongst them. This is far away from the truth, as far as we are concerned. We do not know what others are doing, as it is not our lookout. The fact is that our organization is a National Level NGO, committed to work for the welfare of the tribals. We may further inform you that our Society was born to work for the rehabilitation of the displaced tribals who were the victims of ethnic violence at North Eastern States of our country. The jurisdiction of the Eastern Zone covers the area of Orissa, Jharkhand, Chhattisgarh and W. Bengal. Hope this small piece of information will dispel all your doubts.

We strongly believe that the Kalinga Nagar struggle is a Suo-motto struggle of those Adivasis who are the victims of the wrongly cultivated rehabilitation policy of the Govt. of Orissa. It is also to mention here that those industrial houses, who are competing with one another to establish industries at a very fast rate, in the process have made mockery of the rehabilitation policy. Government of Orissa also is in the grip of those politicians and bureaucrats who are spearheading for a very speedy industrialization, without doing any homework as how those people who will be directly affected by such speedy industrialization will be resettled. It is a hard fact that Adivasis are bearing the maximum burden of displacement and even worst type of air and water pollution. The lives of thousands who are living in the vicinity of highly polluting plants are shattered. State Pollution Control Board has proved to exist on paper only. They are not bothered about the difficulties of the people affected by the polluting industries. Complaints made with the district administration are also going unheard or not replied. This has forced the tribals to believe that the administrative machinery is fully in the grip of the industrialists. Loss of faith and distrust towards administrative machinery is brewing in the minds of those affected persons.

We had drawn your attention that in order to solve the entire situation, one has to address those problems; it should begin with the industrial houses, which have bluntly violated the MOU executed with the state government. All these displacements have been made in the name of giving employment to locals with guaranteed jobs to displaced families. The truth is otherwise. Whiles locals are rushing from post to pillar to get the jobs, people from outside the state of Orissa have been given the reputable positions. Locals are either used in the lowly paid jobs as Rejas or Coolies or as helpers in the name of employment. There are cases where money is paid in the name of employment but no work is taken from them nor are allowed to go within the plant premises. It is a known fact that in the name of providing locals with vast employment opportunities, all this faster industrialization policy of the state is pursued which is evident in the MOUs those companies are executing with Government of Orissa. We bring to you kind knowledge following three cases for conducting a sample survey that will expose the truth.

  1. Nelanchal Ispat Ltd., at Kalinga Nagar. Jajpur District.

Over 700 families have been displaced but jobs have been given to only 185 persons from amongst those displaced families, that too after long struggle. Some reports states that those who have been displaced are over 1000 families.

  1. Bhusan Steel Ltd., at Thelkolei (Sambalpur District)

Over 1000 families have been displaced. Houses and landed property of nearly 600 Adivasis have been lost in the process. We have reports that a very limited number of about only 10 persons from those families have got the job, within the company. Many of those who are said to be employed are not allowed to go within the company premises. They have been ordered to report at a community center at the Rehabilitation Camp and are paid some money in the process without giving them any job to do.

Ex-Army men who were given land for their rehabilitation, that land has also been acquired, and even their pucca constructed houses have been bulldozed in the night hours destroying their belongings also. We also bring to your kind notice that those affected persons have stated to us that till date, no job or compensation has been paid to them and on the contrary, the police authorities have registered false cases against them.

  1. Orissa Cement Ltd., Rajgagnpur, Sundergarh District.

This company is producing cement on a large area of land acquired from tribals since last many years. The company manages maximum of its work with the help of contractors. Those contractors, flouting labour rules are exploiting laborers by paying them lowly paid wages, making the mockery of the rules laid down for payment of wages to workers in cement industries. Many of those displaced persons have been given VRS. Those who raise their voice to protect their rights are under the threat of being dismissed from service and hence, despite the grievances, are forced to suffer silently.

  1. Exploitation of natural water resources

Those industrial houses have dug up a number of large diameter deep bore wells through which they are constantly exploiting water resources for their industrial uses, in the process pushing the entire community around the plant to face the water scarcity not only for their agricultural but for drinking and sanitary purposes also.

The uncontrolled exploitation of the water from River Brahmani and Hirakud dam has also vast devastating effects on the people, who were till date depending on those water bodies for their routine needs imperiling the lives of those people coming under its effect.

  1. Severe Air and Water pollution.

In the mad rush for rapid industrialization, it is a very big question that how despite of strict rules laid down for preservation of Air and Water from pollution, how those highly polluting plants have got clearance one after another. There are cases where there are no Gram Sabhas held, or Gram Sabhas have strongly opposed the setting up of such plants or even without the approval of Maps by the Gram Sabhas the State Pollution Control Board have issued “No Objection Certificate” and also “Consent to Operate” at the scheduled areas, despite the violation of the norms and rules laid down for issue of such statutory permission.

The complaints made to the State Pollution Control Board are not heard nor even letters written to them are not replied. The silence of the State Pollution Control Board despite the lives of thousands of those who are adversely affected, leads one to believe that there is some thing wrong some where.

  1. Indifferent attitude of the local administration towards tribals

There are examples of Forcible occupation of the land belonging to tribals by non-tribals, Violations of their constitutional rights in the name of Industrialization, Benami transactions of their land in the name of tribal by Non Tribal persons and atrocity committed by non tribals on tribals in collusion with police authorities, all these happenings have taken place at Sundergarh District of Orissa. We here below mention few of the specific cases, for your perusal and purpose.

  1. Forcible occupation of the agricultural land

Sukra Mahali, a tribal of Village Khairban

A piece of agricultural land belonging to Shri Sukra Mahali (A Tribal) has been forcibly encroached by Shri Santosh Pareekh and few others (All non tribals) who have constructed a Sponge Iron Plant at village Khairban, GP Birkera, Block : Latikata, Sundergarh District. Copy of the complaint filed with National comission for ST, Govt. of India, New Delhi is enclosed herewith as Annexure – 1. Minister of State for Home Affairs, Govt. of India has also written a DO Letter to the Hon’ble chief Minister of Orissa. However, fact remains that the possession of the land is still to be restored in favor of Shri Sukara Mahali.

Jakarius Munda of Village Budakata.

Shri Jakarius Munda Village: Budakata Post: Biringatolly, PS & Block: Kutra. Dist: Sundergarh (Orissa), has also filed a complain before the National Commission for Schedule Tribe, Govt. of India, New Delhi, requesting to restore the ownership and possession of his land which has been force fully taken away by a Non tribal Shri Sanwarmal Gadodia by exercising pressure through his muscle men. Sanwarmal Gadodia forced him to sale his land in favour of Francis Xavier Kispotta of Taldih village. Francis Xavier Kispotta has sold the land to a Non tribal Sanwarmal Gadodia. Many tribal like him have also fallen pray to the pressure tactics of Sanwarmal Gadodia. Shri Jakarius has stated under an Affidavit that he has never visited the Tehsil office or Registrar’s office for registering the sale deed in respect of his land in question. Few persons have forcibly obtained his signatures on some papers and registers, under the threat that if he dares to reclaim the land, he will be severely beaten by making him naked and if he don’t obey his orders, he will be killed. Copy of complains is enclosed.

  1. Atrocity committed on tribals by Non-tribals in collusion with the police authorities.

There are many examples to illustrate this fact. However, Few of them are brought to your notice for your kind perusal and purpose.

i) The house of Shri Dashrath Mahali a tribal of village Khairban, GP Birkera, Latikata Block of Sundergarh District was damaged by the dumper truck driven by the drunken Supervisor of Shree Balaji Metallic Pvt. Ltd., Despite his complain filed with the local police station, no action has been taken against the driver, nor the vehicle has been seized, nor the owners have been prosecuted, nor the poor tribal has been compensated. Copy of the complain filed with the National Commission for Schedule Tribe, Govt. of India, is enclosed herewith.

ii) Ms. Christina Xess a tribal lady of village Khairban, GP Birkera, Latikata Block of Sundergarh District was publicly humiliated by Shree Santosh Pareekh, owner of Shree Balaji Metallic Pvt. Ltd., ( A Sponge Iron Plant) She was first dashed by the car that was driven by Santosh Pareekh and subsequently, she was pulled by her clothers and pushed aside, tearing her blouse in the process. Copy of her Compalin lodged with the local PS is enclosed herewith. You will be surprised to know that instead of taking action against Santosh Pareekh, the poor tribal lady was arrested from her house during mid night hours.

iii) Few tribal youth have been severely assaulted within and outside Kinjirkela Police Station by few antisocial elements, who are engaged in carring on illicit liquor trade etc. Those tribal youth have been sent to jail on falsely created criminal cases that never happened. Our complain in the matter sent to The National Commission for Schedule Tribe is enclosed herewith.

You will be surprised to note that the so called investigation report that has been sent to the National Commission for ST, Govt. of India, exposes more that what it tries to hide. All those tribal youth have been stated to belonging to Schedule Castes and while those who have been named as accused, suffered severe skull injuries,. No mention has been made about their hospitalization and on the contrary, they have been termed as absconders and so on. Police have managed to send to jail many tribal youth on false charges of attacking police station. Who will believe the planted story of the OIC of Kinjirkela Police Station. Copy of the complain is enclosed herewith along with the letter of the National Commission for Schedule Tribe and copy of report of the S.P. Sundergarh in the matter.

Besides the above, there are instances of the following at Sundergarh District in the matter of

(i) Violations of the constitutional rights of the tribals in the name of industrialization.

(ii) Dishonoring the wishes of the villagers passed through the Resolutions passed by the Gram Sabha at Panchayat level.

(iii) Economical losses and humiliation to live like a second class

citizen in my own village due to the pollution emitted by Shrishti Ispat Sponge Iron Ltd., at Budakata, Shree Balaji Metallic Pvt. Ltd at Khairban, OCL’s Sponge Iron Plant at Jampalli and many more can be seen at Sundergarh, Keonjhar and Jahrsuguda District.

As assured by you, we look forward to the visit of House Committee to all those affected areas where above-mentioned incidents have taken place so as to repair the demoralized moral of the poor and downtrodden tribals. Your visit will certainly add to the chances that the justice will be done to the victimized Adivasis.

Looking forward to getting your full support and co-operation in the matter.

Thanking you and with regards,

Yours truly,

For Tribal Welfare Society

S/d

(Pravin Patel)

Director – East Zone Affairs. And

General Secretary, Central Committee.

Encl: As stated above with Index.

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