Lungsung in Kokrajhar district falls under the Bodoland Territorial Areas District, now renamed as Bodoland Territorial Region. In the early 1970s, Adivasis, mostly Santhals, settled in Lungsung. Most of them were either landless farmers or erosion-induced Internally Displaced Persons (IDPs). Landless farmers from both Adivasi and Bodo communities settled in the villages of Morabari, Bhom Amguri, Saharjuri, Maharjuri and Radha Nagar. In Morabari and Bhom Amgrui villages, the Bodos were able to get land _pattas _(titles) as well.
The Plain Tribes Council of Assam (PTCA), once a strong political movement to assert the rights of indigenous tribespeople, such as the Bodos, took initiatives in the early 1970s to rehabilitate landless Bodo farmers in Haltugaon division. The movement was led by Samar Brahma Choudhury, who was the forest minister under the Gulab Borbora government in Assam.
However, the Adivasis (non-Bodo tribals, mostly Santhals) lacked political patronage and faced hostility from the government. They were first evicted in 1974 during the Congress rule as they were alleged to have occupied forestland. The community leaders met Charan Narzary, the founder of the PTCA but did not receive any protection. The state's forest department claims that the Adivasis have encroached highly bio-diverse forest and hence must be evicted.
During the 1996 Bodo-Adivasi conflict, an outlawed Bodo terror group allegedly evicted the non-Bodo Adivasis from the area. The conflict saw the displacement of over 2.5 lakh people in Kokrajhar and Gosaigaon. Similar clashes occurred in 1998, triggering another wave of exodus from both the communities as hundreds lost their lives. The Adivasis spent nearly a decade in IDP camps in Joypur (Kokrajhar) and Runikhata (Chirang). The government did not provide any rehabilitation and the Adivasis started returning to Lungsung from 2003 onwards. But in 2006, the BTAD administration evicted them again.
Another eviction drive was carried out in 2010, in which 56 villages were targeted. Houses were torched and schools and properties were vandalised. However, forest officials had to withdraw the operation as they faced resistance from the people.
The extent of brutality in the eviction drives was such that a house was torched while a two-and-a-half-year-old was sleeping inside the hut. The boy later succumbed to his injuries. No action was taken against the officials while 33 Adivasis were arrested for protesting. The Santhal Adivasis demanded recognition as Scheduled Tribe that would enable them to get rights under the Forest Rights Act, 2006. In 2014, the outlawed National Democratic Front of Bodoland (Songbijit) killed eight Adivasis from Lungsung on Christmas eve and displaced thousands others.
Another eviction drive was launched in 2016, but this time the forest department sent a notice to 56 villages and gave a week's time to vacate the land. The Adivasis claim that the forestland belongs to them and that they would not leave the land at any cost. While they do not have title deeds to the land, experts claim that since the villages are forest villages, the Adivasis are entitled to forest rights over the land as per the Forest Rights Act, 2006.
The struggle for land rights is also entrenched with the separatist struggle of Bodos to claim a separate statehood called Bodoland.
Demand/Contention of the Affected Community
Demand for legal recognition of land rights
Demand for rehabilitation
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
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?
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?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws
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.
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-implementation/violation of FRA
Non-rehabilitation of displaced people
Scheduled Tribe status or lack of status
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Killing
Torching of houses
Arrest/detention/imprisonment
Raid/break-in/theft
Whether criminal law was used against protestors:
Reported Details of the Violation:
1996: Houses were burnt and people were forcefully displaced by alleged Bodo terror groups to clear the land; 2006: The Bodoland Territorial District Areas (now Bodoland Territorial Region) administration launched eviction drives and demolished houses and other properties; 2010: The BTAD administration again launched an eviction drive. Houses were burnt, and foodgrains and cattle were looted; 2010: False cases were filed, and 33 people were imprisoned; 2010: A two-and-a-half-year-old boy, Mangal Murmu, was burnt alive during an eviction drive. He died after a few months; 2014: Eight people were shot dead and a few houses were torched by alleged Bodo terror groups]
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Forest Department of Assam, Bodoland Territorial Council
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:
Adivasis
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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