Chhattisgarh: Naxalites Pardoned, But Tribals Arrested For 'Aiding' Them Still In Jail

Raipur: Amid the government claims of eradicating Naxalism, concerns are now being raised about the plight of tribals languishing in jails for aiding them. Voices are now being raised around their trials and release, particularly of those claimed to be innocent and behind bars for a long time. It is being questioned whether the government is sensitive towards the plight of such individuals and whether it has a roadmap to give them justice.

The tribal community has now started cornering the government on this issue. It is being pointed out that while many of the Naxalites have been rehabilitated and given relief, the fate of tribals accused solely of aiding the militants is hanging fire.

The opposition Congress party has also attacked the government claiming that during their tenure a committee was formed which reviewed several cases and provided relief to the tribals. However, thousands of tribals still remain in jails and FIRs have been filed against many more. The opposition is asking when the government will take concrete action on this issue.

Congress Attacks Government

“Thousands of tribals in Naxal-affected areas, including Bastar, were jailed on minor charges. Many remained imprisoned for years. A committee was formed during the Congress government which led to the release of some individuals but it's unclear how many tribals are in jail today and what the government is doing to secure their release. The government should clarify,” pointed out Arvind Netam, President of Sarva Adivasi Samaj.

Ahead of the 2018 Assembly elections, the Congress promised in its manifesto to release the tribals imprisoned under minor charges or accused of collaborating with Naxalites. At that time, their number was estimated to be around 23,000. It was reported that a large number of tribals were unable to get out of jail due to poor financial condition, lack of legal assistance and sureties.

During the Congress government under Bhupesh Baghel, between 2018 and 2023, Chhattisgarh arrested 1,039 tribals under Naxalism-related charges, in 6,743 cases. These numbers are part of the 16,475 tribals currently lodged in the state's jails, of whom 5,239 stand accused in Naxalism-related cases.

Meanwhile, after coming to power, Baghel's government formed a committee in 2019 under retired Supreme Court judge Justice A K Patnaik. In March 2022, based on the recommendations of the Justice Patnaik Committee, 632 cases against 752 tribals were withdrawn, while cases involving tribals arrested in Naxalism-related cases before 2019, were resolved expeditiously. A total of 1,244 tribals benefited as 811 cases were dismissed.

After March 2022, the process came to a virtual halt. In 2023, the Congress government was ousted. Tribal organisations have repeatedly raised the issue, but no major decision has been taken since then by the Bharatiya Janata Party (BJP) government in power.

Officials Speak Out

On April 26, K R Shah, the president of Chhattisgarh Tribal Development Council (CTDC) released figures in Ambikapur, stating that there are 520 tribal undertrials in Dantewada jail while in Kanker jail, there were 311 (152 male, 159 female) tribal undertrials. He said many of these cases are pending since 2016, meaning that these people have been imprisoned for over 10 years without being convicted. He said, “These are not just statistics, but the story of the shattered lives of hundreds of families.”

In a recent statement, former CM Bhupesh Baghel said, “Bastar was previously a Naxal-affected state. The situation improved after the Congress came to power in 2018. During that time, our government worked to free the tribals lodged in jails. Even today, approximately 4,000 people remain in jails and FIRs have been registered against around 20,000 people. When will these people receive relief?”

Adding to this, the state's former Home Minister Tamradhwaj Sahu said, “Our government formed a committee to release tribals imprisoned under minor sections of law. The committee reviewed the cases and many people received relief. The process was not completed when the government changed. The government should clarify the status of the tribals imprisoned.”

The then Director General of Police (DGP) who was a part of the Patnaik committee along with Sahu, disclosed that the committee held five meetings, in which, while those charged under serious sections like 302 and 307 of the IPC could not be released, others, booked under the Excise Act, Section 279 and other minor sections, were granted relief. He said the government can provide legal aid and lawyers, but direct release is not possible for those charged with serious crimes.

“If the government wishes, it can bring the cases to the Cabinet and decide to withdraw them. When prominent Naxalites have surrendered and returned to the mainstream, it does not seem appropriate to keep poor tribals in jail simply on the charge of collaborating with the Naxalites,” Awasthi underlined.

Legal Minds Concur

This sentiment was also echoed by senior High Court lawyer Diwakar Sinha, who said, “If the government wishes, it can recommend the release of tribals in jail, since the original accused have surrendered and have been pardoned. The final decision can be taken by courts.”

The lawyer argues that the court cannot take suo motu cognisance of this matter. However, in most cases, if the government takes such initiative, the court assumes that once the original accused has received a pardon, their associates should also be pardoned by default.

He added that the issue can also be raised through a PIL. During the hearing, the court could be told that since the original accused, the Naxalites, have surrendered and have been pardoned, those imprisoned for allegedly aiding them, should also be included in the same category and pardoned.

However, Chairman of Chhattisgarh Human Rights Commission, Girdhari Nayak said, “The Commission cannot interfere in the matter since it is sub-judice.”

DyCM Gives Vague Response

The state’s Deputy CM Vijay Sharma gave a vague statement saying the government's rehabilitation policy is not merely a paper plan. It also includes programs like the Bastar Olympics and Bastar Pandum. He added that the government believes that if rehabilitation is possible in the jungle, it is also possible in prisons. Rehabilitated Maoists are meeting with those in prison, and plans are underway to bring them to rehabilitation centers through parole.

“The government will also help them in getting bail so that the people can return to normal life,” he said.

Union Home Minister Amit Shah has stated that the government will do whatever is necessary for the development of Bastar. He stated that development plans will be implemented in a phased manner. However, he did not directly comment on the issue of the release of imprisoned tribals.