Reported by
Legal Review by
Edited by
Updated by
Published on
March 13, 2022
March 11, 2023
Edited on
March 13, 2022
Land Area Affected (in Hectares)
Starting Year
Lumding
Nakhuti , Kamarpani, Bhetnala, Paglabasti, Hajibasti, Langsipai
Hojai
Forest Administration (Other than Protected Areas)
In its latest bid to free forests from encroachments, the Assam government carried out multiple eviction drives in several locations of the Lumding reserve forest in Hojai district.
On November 7 and 8, 2021, at least 145 Garo and Chakma tribal families were evicted by the forest department. These included 55 Garo families in Paglabasti, 60 Garo and Chakma families in Hajibasti and 30 Garo families in the Langsipai area. In addition, 200 Muslim families living in Kamarpani and 170 families in Bhetnala were also evicted from the reserve forest.
The government started the eviction drive on September 30, 2021, under the directions of the Gauhati High Court. Thousands of security personnel, including Assam Police, Central Reserve Police Force and the paramilitary, were deployed to prevent any untoward incident.
On November 11, the Indigenous Rights Advocacy Centre (IRAC) moved the National Human Rights Commission seeking immediate intervention against the gross ‘human rights violations’ of the tribespeople without rehabilitation and resettlement, terming it ‘illegal’. IRAC also asked the state to pay a compensation of INR 10 lakh and issue land _pattas _(titles) to each of the evicted families. Representatives from the Muslim, Garo and Chakma communities submitted separate memorandums to the prime minister and the home minister indicting threat and repression.
The Lumding reserve forest, which also serves as an elephant corridor, covers an area of 22,403 hectares, of which 1,410 hectares were allegedly under ‘encroachment’. The forest department reportedly used elephants, excavators and tractors to destroy all establishments. According to officials, over 550 huts, along with other temporary structures, were demolished during the eviction. The authorities stated that as many as 1,000 people voluntarily left their homes.
According to local media reports, the Chakma families were provided temporary settlements in Deka Gaon. Suhas Chakma, founder of the Chakma Development Foundation of India, said that over 110 Chakma families have been illegally evicted from the Lumding Circle since November 8 despite the Chakmas inhabiting the area for more than 40 years.
On November 9, the All Assam Minority Students’ Union staged a sit-in protest at Jantar Mantar in New Delhi, alleging targeted harassment of the Muslim communities in Assam. Meanwhile, state Chief Minister Himanta Biswa Sarma and the Hojai Police denied claims that land brokers were responsible for all the encroachment. The police subsequently detained a few land brokers for settling many families in the Lumding Reserve Forest in return for cash.
One of the evictees told the media that his family has been living in the area for more than 20 years and demanded the authorities to resettle them to a suitable place and provide some land. The headman of Langsipai Garo village told a local news channel that the people of his village did not want to vacate the land as they had nowhere else to go. Another person informed that the authorities notified them three days before the eviction instead of the procedural 15 days. The evictees clarified that they were assigned temporary rehabilitation in the Baghtila area as directed by the police and Circle officer; however, they claimed that the land was unsuitable as it did not have basic amenities. About 204 families were relocated to a temporary relief camp in a grazing reserve in Changmaji village, which is a recently harvested rice field with sharp stubbles, without access to safe drinking water or toilets.
“No sleep, no water, no treatment. The government should either kill us or save us,” a woman told the media as her 10-year-old child slept on the ground, looking visibly sick.
Demand for rehabilitation
Demand for legal recognition of land rights
Demand to retain/protect access to common land/resources
Demand for land titles for the landless and displaced
Urban and Rural
Common
Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Forced evictions/dispossession of land
Non-rehabilitation of displaced people
Non-implementation/violation of FRA
Lack of legal protection over land rights
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
National Human Rights Commission
Name(s) of the Court(s)
The Gauhati High Court
Case Number
PIL 37/2021
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
At least 145 Garo and Chakma tribal families were evicted from the Lumding reserve forest without rehabilitation and resettlement. Another 200 evictees from these minority communities have alleged human rights violations after they were resettled in temporary camps following the eviction without basic amenities and in unhygienic conditions.
Date of Violation
November 7, 2021
Location of Violation
Lumding Reserve Forest Area
Nature of Protest
Complaints/petitions/letters/memorandums to officials
Protests/marches
Campaigns (grassroots organisations/press releases/media)
Government Departments Involved in the Conflict:
Hojai district administration, Hojai Deputy Commissioner
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
All Assam Minorities Students’ Union, Chakma Development Foundation of India
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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