INDIA: Three and a half year wait for justice for the brutal murder of an Adivasi (tribal person) by a forest official in Gujarat. 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the murder of an adivasi by an Indian Forest Department staff member on 20 September 2001. Manishbhai leaves behind a young wife and four young daughters.

Almost three and a half years have now passed since this murder. Despite a police complaint having been lodged and a criminal case currently pending at Vyara Fast Track Court regarding this, the perpetrator has yet to be brought to justice for his crime. Indeed, the perpetrator today walks free, despite having been charged with a non-bailable offense. Meanwhile, the only response from the Forest Department officials is that under the Forest Act, there is no provision to provide compensation to the dependants of the victim if the death was caused by a forest department official. Such a response inadequately helps Manishbhai’s widow and children in their current fight to survive.

We call for your urgent intervention in this case. Please send a letter to the National Commission for Scheduled Castes and Scheduled Tribes requesting them to order a thorough and proper enquiry so as to establish the facts behind Manishbhai’s murder. Please also urge the commission to seek compensation for the victim’s family and provide them any protection that is necessary.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Manishbhai Motibhai Vasava, age 30
Address: at Katiskuva village, near Tokarvav, Taluka Uchchhal, District Surat, Gujarat, India.
Place of incident: On the State Highway No. 53, about 1½ kms from Tokarvav village, Taluka Uchchhal, District Surat, Gujarat, India.
Date of incident: 20 September 2001.

Case Details:

Manishbhai, a 30-year adivasi man was a resident of Katiskuva village. When his original village was submerged because of the Ukai dam, he was rehabilitated in Katiskuva village along with other adivasis. His people lost everything because of the dam. Manishbhai became a landless labourer who had to fend for himself and his dependants as a daily wager. He was married and a father of four daughters.

On 20 September 2001, Manish was walking along the State Highway No.53 with his friend Arvindbhai Tandaliyabhai Vasava of Tokarvav village. He was carrying a small piece of wood for household use. In the evening, forest guard Jitubhai Lalsingbhai Valvi, the beat guard of Gwan Range (close to Tavli Range), was passing by along with two forest watchmen. Upon seeing Manishbhai, with a piece of wood, he became infuriated and took his 12-bore rifle and shot Minishbhai. The bullet pierced through his mouth. Manishbhai died instantly in a pool of blood. It is alleged that Jitubhai was under the influence of liquor. It is also alleged by the adivasis living in the forest area that forest department officials and watchmen are often under the influence of liquor and harass the people unnecessarily.

Manishbhai was the only salary earner in the family. Due to his murder his young widow and his four young daughters now have no means of support. After the murder, Manishbhai’s family forced his wife, Ravitaben and her children to leave the home as they thought that it was an ill omen to keep her there. She is now living at her parent’s house experiencing the hard realities of life.

The Police Sub Inspector (PSI) Mr. Damor himself filed a First Information Report (F.I.R.) under Section 302 of Indian Penal Code (IPC) and Section 25 (c) of Indian Arms Act (case no. 561/2001) at Uchchhal Police Station. Based on this, Jitubhai was arrested. His bail application was rejected at Vyara Additional Sessions Court. Jitubhai stated to police that he saw four or five bullock carts carrying wood from the forest and that Manishbhai and Vasava were leading the group. He claims he went to stop them and that his pistol accidentally fired off a shot, hitting the victim in the face. As stated earlier, however, witnesses to the shooting claim that Jitubhai was drunk and that he shot Manishbhai deliberately from only centimetres away. In regards to this matter also, there have also been allegations that witnesses have been pressured and bribed into withdrawing from the case.

A criminal case is now pending at Vyara Fast Track Court. The case no. is 13/2002. Later he was released on bail by the High Court of Gujarat. Ravitaben made applications to the Collector of Surat, and to the Social Welfare Officer on 12 November 2001 to file the case under The Scheduled Caste/Scheduled Tribes (prevention of Atrocities) Act, 1989 and requested rightful compensation. She also requested the Forest Authorities to look into the case impartially and provide compensation. So far there has been no response from anyone. The Forest Department officials’ response was that under the Forest Act, there is a provision to provide compensation to the dependants of the victim if the death was caused by the wild animals but there is no such provision if death is caused by a forest department officials. The fear is that Jitubhai, the perpetrator, may walk free without any punishment while the victims’ dependants rely on others for their survival.

This murder raises serious concerns regarding the issues of advasis and dalits. While the Scheduled Caste-Scheduled Tribes Prevention of Atrocities Act (1989) gives special protection to marginalized communities, including in regard to land being forcibly taken away from them, the act is never used. In most cases the police refuse to entertain complaints made by Dalits, and if by chance they do register a complaint, they do so under other legislation.

The AHRC urges the Government of Gujarat to immediately look into this case and order a full and impartial investigation. Ravitaben and her dependants should be provided their rightful compensation. The case should be filed under the Prevention of Atrocity Act, 1989 as the forest guard, as an appointed government official, effectively wields the power to oppress and inflict pain on the adivasis and dalits. This is similar to the offences narrated against the upper caste in the above said act. We also urge the Government of India to take up this issue of effective implementation of the above said act. Denying the dependants of the victim their right to live with dignity (and without hunger) is a serious violation of national and international laws.

SUGGESTED ACTION:
Please send a letter, fax or email to the National Commission for Scheduled Castes and Scheduled Tribes urging them to order a thorough and independent inquiry into this incident so that further such violations do not take place. Please also urge them to ensure that the compensation to Ravitaben and her dependants is paid and that protection is provided if necessary.
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