Residents of the Bharalumukh locality of Guwahati and environmental conservationists protested against the Assam government's decision to cut down trees in the area for a newly proposed Railway Over Bridge (ROB) project.
Locals said that about six days ago authorities marked around 70 trees to be chopped down for a road-over-bridge project near the ST 5 railway crossing at Bharalumukh. They said some trees marked to be uprooted or felled are over 100 to 200 years old. Residents of all age groups, including children and senior citizens, came out in huge numbers and held placards protesting the plan of the authorities. "We don't want flyovers. Don't cut down the trees," one of the protestors said.
Earlier, massive protests were held by multiple individuals and organizations in Dighalipukhuri, in the heart of the city, and the project was replanned after the Gauhati High Court's intervention.
On 10 November 2024, Guwahati police detained three individuals, including graffiti artist Marshal Baruah, for allegedly painting a wall writing "Kick Himanta Save Nature" during a protest against tree felling in Bharalumukh. The other detainees are Ankuman Bordoloi, a spokesperson for Jatiya Yuva Vahini, and Kamal Kumar, who was later released by the police.
While they were being interrogated, civilians and media were barred from entering the Bharalumukh police station. Initially, the protesters wrote "Please Himanta Save Nature," but the message was changed to "Kick Himanta Save Nature" to reflect their frustration with the Chief Minister Himanta Biswa Sarma-led BJP government's anti-environment and tree-felling approaches.
While railway authorities argue that the overbridge is necessary to reduce traffic congestion, the public works department is exploring options to minimize tree removal. Community leaders emphasize the need for transparency and alternative solutions to protect the environment.
The day after the arrests, hundreds of civilians, including artists and members from various organizations and political groups, came together to call for the release of the graffiti artist and others who were detained for allegedly using derogatory slogans directed at the Chief Minister on a canvas during a protest against the proposed tree-felling in the Bharalumukh area.
An environmental activist told LCW, "The movement to protect the environment has been ongoing for quite some time, and there are numerous areas in Assam facing similar or even more significant threats. We have been working collectively and in an organized manner to ensure the success of our movement. Despite the numerous challenges we encounter daily, we are striving to foster a sense of community ownership. Unfortunately, the government has not taken adequate measures to protect our environment, which is already at risk. They are yet to conduct a public meeting, Environmental Impact Assessment study or address the issue of traffic congestion."
Demand/Contention of the Affected Community
Opposition against environmental degradation
Demand to cancel the project
Complaint against procedural violations
Other Demand/Contention of the Affected Community
Public hearing, EIA study and Community Consent before any further tree removal
Region Classification
Urban
Type of Land
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
Arrest
How many people did the police detain or arrest?
2
What is the current status of the detained/accused persons?
Currently under arrest
Did the person face any violence while in police custody?
Don't Know
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
They were produced before a magistrate, but there was a delay beyond 24 hours
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
Bharatiya Nyaya Sanhita, 2023
Section 189(2)/189(3)/192/224/270/351(3)/352/353(2)
Prevention of Damage to Public Property Act
Section 3
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
Yes they were informed, Yes they had access
In cases where the accused person approached the court for bail, was bail granted?
No
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
Project underway despite protests
Original Project Deadline
2026
Whether the Project has been Delayed
No
Significance of Land to Land Owners/Users
Religious/Sacred/Cultural value, Other environmental services
Whether the project was stalled due to land conflict
No
Source/Reference
Total investment involved (in Crores):
₹
99
Type of investment:
Investment Expected
Year of Estimation
2025
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.
Whether claims/objections were made as per procedure in the relevant statute
No
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:
Violation of environmental laws
Violation of free prior informed consent
Non-consultation with stakeholders
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
GAUHATI HIGH COURT
Case Number
PIL/64/2024
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
On November 10, three individuals, viz., Marshall Baruah, Ankuman Bordoloi, and Kamal Kumar were arrested in Guwahati after allegedly creating an objectionable painting during protests against tree felling for a railway over bridge. While Kumar was later released, an FIR was registered against Baruah and Bordoloi on Sunday night, after which they were arrested. The arrests took place with charges including unlawful assembly and criminal intimidation. The Graffiti, critical of the State Govt's ecologically destructive developmental works, was made by Marshall Baruah. According to reports, the slogan was intended as a message of frustration directed at the state government, led by Chief Minister Himanta Biswa Sarma, for its decision to cut down trees for road and bridge projects. Both the detainees (Marshall and Ankuman) were taken into custody during the early morning hours and interrogated, while access to the police station had been restricted for civilians and media. This incident raises concerns about levying unjust charges used against freedom of expression and the right to peaceful protest, as the detention of individuals for voicing dissent may constitute a violation of human rights. Currently, they are held under custody in the Lokhra Central Jail in Guwahati. (https://indianexpress.com/article/india/graffiti-artist-arrested-in-guwahati-over-painting-critical-of-cm-himanta-9665014/)
Date of Violation
November 9, 2024
Location of Violation
Bharalumukh
Government Departments Involved in the Conflict:
Assam Public Works Department (APWD), Indian railways (Civil Engg. Department)
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:
Citizens Coordination Committee
What was the action taken by the police?
Arrest
How many people did the police detain or arrest?
2
What is the current status of the detained/accused persons?
Currently under arrest
Did the person face any violence while in police custody?
Don't Know
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
They were produced before a magistrate, but there was a delay beyond 24 hours
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
Bharatiya Nyaya Sanhita, 2023
Section 189(2)/189(3)/192/224/270/351(3)/352/353(2)
Prevention of Damage to Public Property Act
Section 3
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
Yes they were informed, Yes they had access
In cases where the accused person approached the court for bail, was bail granted?
No
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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