In the first week of March 2019, the Karbi Anglong Autonomous Council (KAAC) carried out an eviction drive in the Sarke Basti area located on the border of East Karbi Anglong and Hojai districts. The Karbi Anglong district administration claimed that the entire evicted area falls under its jurisdiction and that the people living there were "encroachers". However, the people questioned the validity of the eviction, stating that their area fell under the jurisdiction of Hojai district and not KAAC.
The eviction came in the face of a long-standing border dispute between Karbi Anglong and Hojai. Over 600 families were evicted and 2,700 people were rendered homeless. Kulsum Begum, a heavily pregnant woman, was forcibly dragged out of her home, physically assaulted by the police and paramilitary forces and was later deprived of urgent medical aid. She went into labour and gave birth under the open sky. She succumbed to her injuries on March 11.
The Karbi Anglong administration claims that the border areas constitute a reserved forest, while the Hojai administration claims these are villages mapped by the district revenue department.
Tuliram Ronghang, chief executive member of the KAAC, alleged that the families were undocumented immigrants from Bangladesh who had been living on the land belonging to Karbi Anglong. The families refute the allegations, saying that they are residents of Hojai and Indian citizens.
According to local people, the claims to the disputed area between Karbi Anglong and Hojai have been a cause of concern between the two regions for some time and that the KAAC had attempted many eviction drives in the area previously. But the eviction drive in March 2019 was more systematic and violent. Security forces torched houses and also demolished Chudhury Para Primary School, the only school in the area.
On March 8, 2019, Krishak Mukti Sangram Samiti's Hojai district committee staged a protest in the area demanding a judicial stay against eviction drives until the boundary of the two districts is finalised. But the police, army and paramilitary forces attacked unarmed protesters to disperse them. They resorted to lathicharge, which left more than 30 people injured.
Some residents claimed that civilians from Karbi Anglong district also took part in the violence. The protesters condoned the inaction of the Hojai district administration even as both the district authorities are in negotiation for resolving the long-standing border dispute. The matter is currently pending in the Gauhati High Court.
Several news reports claim that evictions have been a weaponised effort against Assam's Bengali Muslim population.
Demand/Contention of the Affected Community
Demand for legal recognition of land rights
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
Resolution of border dispute
Region Classification
Rural
Type of Land
Common
Non-Forest (Other than Grazing Land)
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?
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
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Case Laws, Forest and Scheduled Area Governance Laws, Constitutional Law
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:
Lack of legal protection over land rights
Land record discrepancies
Forced evictions/dispossession of land
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Gauhati High Court
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Physical attack
Torching of houses
Lathicharge/teargas/pellets
Whether criminal law was used against protestors:
Reported Details of the Violation:
A heavily pregnant woman named Kulsuma Begum was forcefully dragged out of her house and physically assaulted by the police and paramilitary forces. She was left bleeding out in the open and gave birth to a boy, but she succumbed to her injuries on March 11. Security forces also torched houses and demolished Chudhury Para Primary School, the only school in the area. On March 8, police, army and paramilitary forces attacked unarmed protesters to disperse them. They resorted to lathicharge, which left more than 30 people injured.
Date of Violation
March 1, 2019
Location of Violation
Government Departments Involved in the Conflict:
Karbi Anglong Autonomus Council, Hojai District Administration
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Krishak Mukti Sangram Samiti
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?
Ankur is part of the Guwahati-based Uki Research Collective. He is currently pursuing his PhD in 'Popular culture/festival of colonial and post-colonial Assam' at the Centre for Studies in Social Sciences, Kolkata. He has worked in varying capacities with different constituencies and organisations in the Brahmaputra Valley on issues related to river bank erosion, identity, federalism, decentralisation, National Register of Citizens and the Citizenship Amendment Bill, to name a few. His articles have been published in Himal Southasian, Raoit, Kalifa, Open, Economic and Political Weekly, Man and Society as well as in Assamese newspapers, including Asomiya Pratidin and Amar Asom.
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