Police Outrage in Muthanga

REPORT OF JOINT FACT-FINDING TEAM OF THREE BANGALORE-BASED HUMAN RIGHTS ORGANISATIONS

A team constituted by three human rights organizations in Bangalore—Vigil India Movement, SICHREM and PUCL---undertook a fact-finding mission on the police firing and excesses on tribals in Waynad district of Kerala. The following were the members of the team: Mr. Mathews Phillip, Executive Director of SICHREM, Mr. R. Manohar, Vice President of PUCL-Karnataka, Mr. Joseph Bernard, media activist, and Mr. Saji Thomas, Coordinator of Vigil India Movement. The team visited Muthanga, the scene of the firing, Nambikolli on Sultan Bathery-Ooty Road, where Ms. C.K. Janu and Mr. M. Geethanandan were arrested, and Pulithooky tribal settlement in Noolpuzha panchayat, and talked to several eyewitnesses to the incidents and other persons, including Adivasis.

About 1,000 families entered the Muthanga forest range in small groups with their possessions and settled down there from Jan 4 onwards. Their settlement was peaceful, causing no hindrance to the inhabitants of neighbouring localities. They had with them no firearms or other lethal weapons.

On Feb 17 morning some persons set fire to the new habitation of Adivasis at Thagarapadi in the Muthanga range by throwing lighted, kerosene-soaked dry elephant dung. The Adivasis immediately put out the fire. They also detained 21 persons, including forest officials, who entered their new habitations on Feb 17 evening. They believed that these persons were responsible for the arson. All tof them were released on Feb 18 after a dialogue between the members of the AGM on the one hand and the District Collector, Mr. K. Gopalan, and forest and police officers on the other. None of the hostages was subjected to physical torture.

According to eyewitnesses, on Feb 19 morning at 7am a major police operation got under way. An estimated 500 policemen entered the Muthanga forest, and at 9.45 am they started indiscriminate firing of teargas shells, followed by brutal lathi-charge. The Adivasis retaliated with bows and arrows, sticks and agricultural implements. Several women, including some pregnant women, aged persons and children sustained grievous hurt, including head injuries and multiple fractures. Some media persons who were witnesses to these attacks also came under attack and sustained injuries. After some time the Adivasis retreated to inner forests. Police burnt their huts and unleashed brutal violence against all those who were around, who were actually children, women and the aged who could not run away.

The first phase of police action was over by 11.30 am. Finding that the Adivasis did not posses any firearms or other weapons, police chased them into the forest. The Adivasis took two police constables and a forest official as hostages. Police resorted to firing at 12.45 pm. Three Adivasis were injured. The Adivasis handed over to authorities one hostage, who was seriously injured. They also asked for the service of a doctor to attend to the injured Adivasis and hostages. The Adivasis took media persons to their camp to show the hostages and allowed them to take their photographs. Instead of negotiating with the AGM for the release of the detained police constable and the forest official, police started indiscriminate firing and lathi charge at 5.45 pm, after threatening and chasing the media people out. This resulted in casualties. The government version is that only two persons were killed in the incidents: an Adivasi, Mr. Jogi, died in the police firing, and Vinod, police constable, died of injuries inflicted after he was taken hostage. However many are missing even now, about two weeks after the incidents. This raises a presumption that many might have been killed during the operation. Immediately after the police operation, the place was closed and even the media was denied access to the area for 15 hours. This raises the suspicion that the police wants to hide something from the people.

The official version is that police firing was inevitable as a policeman and a forest official were taken hostages and the AGM was planning a violent struggle. This can be rebutted on the following grounds.

1. The forest department officials who were taken hostages on Feb 17 were released the next day. None of them was physically tortured or harmed. Even on Feb 19 the hostage who was seriously wounded was voluntarily handed over for medical treatment.
2. The Gothra Mahasabha volunteers had approached the authorities with a request for providing assistance of a doctor to treat the police official and the Adivasis injured in the first round of police firing at about 12.45 pm on Feb 19.
3. Media persons present in the area and those who visited the two injured officials have testified that the two had not suffered any fatal injuries. Had timely medical attention been given, the life of the policeman could have been saved.
4. Between 12.45 pm and 5.45 pm, the police and other officials were engaged in planning a further attack without making any effort for mediation and peaceful settlement. The police acted in utter disregard for the safety and security of the hostage policeman in resorting to firing without trying to negotiate. For the above reasons we conclude that the police firing at Muthanga was unjustified and avoidable.

1. The Kerala Government should try and resolve the issue through an amicable settlement with the Adivasis. It must immediately begin negotiations with the Gothra Mahasabha leaders and implement the promises made to them in the agreement of October 6, 2001.
2. It has been officially confirmed that the police fired 18 rounds in Muthanga on February 19. But only very few people with bullet injuries have so far been admitted to hospitals. It can be reasonably presumed that many with bullet wounds are missing. The government with the involvement of civil society groups should try to find the missing people, some of whom may be wandering in the forests. The police have in their possession all details of the people who had participated in the struggle in the Muthanga forests. It should publish the list so that others may not be falsely implicated.
3. The State government is duty bound to ensure that all Adivasis who went to settle in Muthanga forest have returned to their respective places.
4. The State government must immediately stop unlawful arrests and torture of innocent people. Police must stop terrorising Adivasis in their colonies.
5. Livelihood of about 1,000 Adivasi families who went to settle in Muthanga has been destroyed by the police action. The government must immediately provide livelihood assistance to ensure the survival of these families. This includes free ration, medical assistance etc. Otherwise there is every chance of many hunger deaths in Adivasi colonies.
6. The government must give compensation to the relatives of the Adivasis who died or were injured in the police action. Compensation for the deceased Adivasis must be on the same basis as has been announced for the police constable. The government must not discriminate between citizens who died due to unjustifiable, avoidable and indiscriminate firing and the police personnel who died in the same action.