Assam
Sonapur
,
Kachutali pt-1
,
Kamrup Metropolitan
Published :
Dec 2024
|
Updated :
November 19, 2024
Violent eviction drive in Assam's Kachutali village leaves 2 dead, renders hundreds homeless
Reported by
Sarup Sinha
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
150
Households affected
720
People affected
2021
Year started
33
Land area affected
150
Households affected
720
People Affected
2021
Year started
33
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Encroachment by Non-Right Holders (Other than Caste-based)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

A massive demolition drive took place in Kachutali village of Sonapur, Assam, which turned deadly on 12 September 2024. Kachutali, primarily inhabited by Bengali Muslims, is less than 20 km from Guwahati.

The eviction began on 9 September 2024, to clear 100 bighas of notified tribal land. Tensions escalated when the displaced villagers reoccupied the land on 12 September 2024. As officials resumed the demolition process, the protesters opposed it, leading to a clash between villagers and authorities. The police retaliated with open firing that resulted in the deaths of Haider Ali and Jubahir Ali. Thirty-three others were injured in the clash, including government and police officials.
  
Less than two weeks after the last incident, on 24 September 2024, the Kamrup metropolitan district of Assam resumed the eviction in Kachutali village. During the first phase of eviction, over 150 families were evicted, and about 237 structures were demolished. The second phase of eviction saw further demolition of about 250 homes.
 
Many of the residents of Kachutali, displaced by river erosion in their native Morigaon district, have resided in Kachutali for decades. They claim to have purchased the land but lack formal documents. The residents also emphasise that they possess necessary documents such as Aadhaar cards, ration cards, and voter ID cards. The villagers are often given derogatory labels like "Bangladeshis" and accused of practising "land jihad."
 
“Who will look after my kids? We could not cook for the past three days as our house lies in ruins. Are we not the people of Assam? Check our NRC, Aadhaar — if you think we are not from Assam, send us to Bangladesh,” a villager told the media.
 
The authorities justified the action by claiming that the village was situated within a tribal belt, where only certain "protected classes" are allowed to own land.
 
While Assam Chief Minister Himanta Biswa Sarma defended the eviction, opposition parties, including the All India United Democratic Front (AIUDF) and the Raijor Dal, condemned the police action. The All Assam Minority Students’ Union (AAMSU) also slammed the government. “Why does the government not take action against those who sold this piece of land to the villagers, if it falls under tribal belts and blocks? How come the villagers have land deeds?” an AAMSU leader told the media.
 
Himanta also alleged that the Congress party had incited the protesters, stating, “It was a peaceful eviction drive in Sonapur, a tribal belt and block. The evicted people had left for their original homes in the Darrang and Morigaon districts, and we were tracking them. From (Thursday) morning, the Congress started provoking people against the eviction.”
 
Himanta has been a vocal proponent of evictions, declaring that the government intends to clear all illegal settlers. While the evictions have garnered support from local organisations like All Assam Tribal Sangha and Veer Lachit Sena, critics view the eviction drive as part of a broader campaign by the Assam government for targeting Bengali-origin Muslim minorities.
 
After the eviction, forty-eight villagers filed petitions with the Gauhati High Court on 20 September 2024, arguing that they held land titles. The court ordered a halt to the eviction of those petitioners until the district authorities reviewed their claims. Despite the HC order, the demolition of other homes in the area continued.
 
On 25 September 2024, forty-eight villagers of Assam filed a contempt petition in the Supreme Court. The residents claimed that the demolitions violated the Supreme Court's directive dated September 17 staying all demolitions across the country until October 1. The petitioners argued that their right to housing/shelter, guaranteed under Article 21 of the Constitution, was being violated. They also claimed that the authorities did not provide any notice or formal communication regarding the eviction or demolition.
 
In its first hearing on 30 September 2024, the Supreme Court issued a [stay order ](
https:/assamtribune.com/assam/sc-stays-eviction-in-sonapurs-kosutuli-demands-report-from-assam-govt-within-3-weeks-1553192)on further evictions and demolition in Sonapur.

The eviction drive was part of a broader attempt to address encroachment issues in Assam, particularly in tribal belts or block areas. Notably, there are 47 Tribal Blocks and Tribal Belts in the state – 30 Tribal Blocks and 17 Tribal Belts. The government had notified these areas a few decades ago to safeguard the land rights of the protected class of the state.

The All Assam Tribal Sangha had previously sent an SOS to the government, demanding action against encroachments that had reportedly been ignored for years. Local leaders and tribal groups expressed frustration over the lack of action from authorities despite persistent complaints.

The incident sparked a renewed debate on land rights and the treatment of marginalized communities in Assam as the affected population, largely comprised Bengali Muslim communities. 

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to get back acquired land

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

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

Indian Penal Code (IPC)

Section 304: Punishment for culpable homicide not amounting to murder. Section 326: Voluntarily causing grievous hurt by dangerous weapons or means. Section 147: Punishment for rioting. Section 148: Rioting, armed with a deadly weapon.

Criminal Procedure Code (CrPC)

Section 100: Right of private defense against the body. Section 144: Power to issue order in urgent cases of nuisance or apprehended danger.

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

Residential area, Agricultural land

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?

4
Additional Information

Government Departments Involved in the Conflict:

District Administration of Kamrup (Metro), Revenue and Land Management Department, Assam; Sonapur Circle Office, Office of the Deputy Commissioner, Kamrup (M)

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

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 Minority Students’ Union, All Assam Tribal Sangha and Veer Lachit Sena

5
Information on the use of criminal law

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

Indian Penal Code (IPC)

Section 304: Punishment for culpable homicide not amounting to murder. Section 326: Voluntarily causing grievous hurt by dangerous weapons or means. Section 147: Punishment for rioting. Section 148: Rioting, armed with a deadly weapon.

Criminal Procedure Code (CrPC)

Section 100: Right of private defense against the body. Section 144: Power to issue order in urgent cases of nuisance or apprehended danger.

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?

Legal Supporting Documents

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Author
Reported by
Sarup Sinha

Sarup is a researcher and doctoral student in Political Science at the North-Eastern Hill University, Shillong. His research interests lie in the area of ethnic and land conflicts, political ecology and development and urban spaces of Northeast India. He has a Masters’ degree in Development Studies from the Indian Institute of Technology, Guwahati. He has previously done research/internships with NABARD, Oxford Microfinance Initiative (renamed Oxford Development Consultancy) and CSDS (Lokniti Programme).

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to get back acquired land

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area, Agricultural land

Whether the project was stalled due to land conflict

Source/Reference

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