Laws For Naxalism In India And Need For Reforms
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This Blog is written by Ramae Krisshna Reddy from Symbiosis Law School, Noida. Edited by Naina Agarwal.
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INTRODUCTION
Modern insurgencies have a variety of features that involve disputes of divisions of personality, underdevelopment, ambition, development, and ability. The most dangerous threat to India’s territorial integrity, prosperity and wellbeing have come from the Naxalite insurgency or ‘people’s war’ that manifests in large areas of eastern, central and southern India. The Maoist movement highlights India’s interior weaknesses, which makes India also vulnerable to external threats.
ORIGIN OF NAXALISM
The term ‘Naxal’ derives from the name of the village Naxalbari which is in West Bengal. Naxalbari, the village used to be an epicenter for this movement which was instigated by communist leaders against landowners of the state.
Since India’s independence in 1947, the Adivasis (indigenous tribal people of the forests) and other rural people have had various grievances. Subsequent governments and bureaucratic administration have largely neglected these oppressed classes resulted in aggression in mass people led to forming insurgent groups known as ‘Naxalite groups’. Naxals are considered left-wing communists who are disciples of Maoist ideology.
The first split within the Communist Movement of India took place in 1964 when the Communist Party of India (CPI), the material body from which all subsequent Communist parties have originated got divided and gave birth to the second Communists Party of India, called Marxist CPI(M). Karl Marx, the founder of Marxism theory encapsulates the effect of capitalism on labor, productivity, and economic development and overturn capitalism in favor of communism. Therefore, the Naxalite movement received intellectual establishment from the stream of Marxist ideology.
SIGNIFICANCE
The main objective of Naxals is to bring up the living standard of oppressed people. Initially, the leaders preached massive participation of peasants for the forcible occupation of Benami land but later on, they emphasized liquidation of class enemies through the use of guerrilla tactics.
As people from Naxal areas are exploited at all levels due to their economic condition and educational background. There is no development work in their area. This growing dissatisfaction has led to the rise of racism. Thus, they started revolt for seeking their needs.
IMPACT
The effectiveness of the Naxalite movement as a result of the role of social justice in India is even more serious. Established political systems cannot afford the poor and tribal people have their rights, so the Naxals are taking an anti-democracy path to get the government’s attention in a violent manner.
In a country like India which is a democratic country, all citizens have a right to oppose the policies of the government in a candid way. But the Naxalites don’t believe in this path. Day by day the idea of Naxalism is growing rapidly. According to the reports by experts Naxal community spread across more than eighty districts in ten states namely Bihar, Jharkhand, Madhya Pradesh, Chhattisgarh, Orissa, West Bengal, Uttar Pradesh, Andra Pradesh and recently in Maharashtra.
The Indian government also acknowledged that Naxalism is a serious problem before India’s internal security. Indian states have also viewed the movement as a ‘law and order’ problem and responded with force. But a ‘law and order’ approach to the Naxalite insurgency is unlikely to provide a permanent solution to the issue, as it would not effectively address deep-rooted grievances felt for decades by a majority of the rural poor in India.
STATUTORY PROVISIONS
The architects of the Constitution, being aware of the distinct identity of the tribal communities provided certain articles for the tribal people including-
1) Article 244
4) Article342
6) Article 339
7) Provisions of Panchayats (Extension to Scheduled Areas) Act 1996 (PESA)
8) Followed by 73rd and 74th amendments of the Indian constitution.
9) Forest Rights Act, 2006: The Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 or the Forest Rights Act recognizes the rights of the scheduled tribes and forest dwellers who have been living in the forests for years but their rights have still not been recognized. The Ministry of Environment and Forests has also allowed the use of 1 hectare of land for non-forest purposes and conversion of kutcha roads into pakka roads.
10) Chhattisgarh Special Public Securities Act, 2006: This bill provides a definition of unlawful activities, declaring an organization unlawful, the formation of an advisory board wherever the state government feels the need for its establishment, procedure of the formation of the advisory board, action of the advisory board, penalties viz punishments even for not committing a crime, the power to notify a place being used for unlawful activities and taking occupation of such place thereof and revision/bar against intervention by the courts.
11) Rehabilitation and Resettlement Policy, 2007: The main aim of this act is to minimize the displacement of people and to promote non-displacing or least displacing alternatives. The Government issued a rehabilitation policy on 11 October 2007 for the easy displacement of people who lose their land for industrial growth. Under this policy land in change for land will be given, job perspective to at least one member of the family, vocational training and housing benefits including houses to people in rural areas and urban areas will be some of the benefits.
12) CSPS Bill, 2005: It provides the District Magistrate unconditional powers to notify places which he thinks are being used for unlawful activities without any prior notification. There is no requirement of production of anything as evidence to prove that the said place is being used for unlawful activities. It is just a violation of principles of natural justice as the aggrieved parties don’t even get a fair hearing. This bill also provides that any revision application has to be filed with the High court only, challenging the validity of the order of the government. This petition has to be filed within 30 days and that no court has jurisdiction against any decision of the court. Any kind of application or form of revision or injunction by a court or officer except for the High court and the Supreme Court regarding any action to be taken as a follow up to the order of the government has been barred in this Bill. So it can be said that this bill was totally uncalled for and has only be brought to act as a blandishment to the people.
These laws have caused a lot of troubles to the tribals and scheduled castes by negating the spirit of scheduled tribes under the constitution and other laws in the country. As per the Unlawful Activities Prevention Act (UAPA), the government has proscribed all organizations that have connections with any Naxal activities.
CRPF using extra-judicial authority: As some raids on Maoists controlled areas have resulted in extrajudicial killings and executions. One such case was in 2012 CRPF killed 17 Adivasis, including 7 children claiming that they were Maoists. But on inquiry, they revealed that they were innocents. Thus, the killing by CRPF is unprovoked and extrajudicial.
ANALYSIS
After taking all points into consideration, Naxalism poses a threat to internal security. It needs to be addressed to the oppressed people in society and should cater to their conventional needs. They need to build faith in democracy. Naxalism is more of a social, political, and economic problem rather that law and order problem. The government should look after the necessities of these people like solving the basic issues of roads, water, electricity, and afforestation for indigenous tribes. The government should take imperative action to protect this society from exploitation. As there are large scale human violations, crimes and atrocities have been perpetrated against the SC’s in the rural areas, these type of atrocities needs to be stopped which also helps in gaining faith in democracy and its leaders.
Apart from deprivation of needs and poverty in general there are many causes for tribal movement and the most important among them is the absence of forest policy, multifaceted forms of exploitation, land-related issues, and self -governance. However, the only way for an established system like India is to ensure balanced economic development, principles of equity, and social justice.
CONCLUSION
The state must, therefore, start solving this conflict legally, strengthen security forces, and should minimize the collateral damage. Under India’s constitution, the maintenance of public order is the responsibility of States. As there are certain provisions in the Indian constitution for the tribal community. It is the government’s responsibility to protect society from exploitation. The insurgent groups should address their demands to the nearest constituency so that their demands can be analyzed and fulfilled. Thus, I want to conclude by quoting Dr. Ambedkar, “Democracy is the system of governance that will bring about a revolutionary change in the economic and social life of people. In the name of a majority democracy, we should guarantee that minorities will not be wronged.”
REFERENCE
Articles referred
(1) Research Review- International Journal of Multidisciplinary Vol. 4 Issue 2, Feb. 2019, P.no. 880.
(2) Lennart Bendfeldt.
(3) Naxalism: The Maoist Challenge to the Indian State, posted in 2010.
(4) Indian Journal of Research, Vol. 5 Issue.6, June 2016, P.No. 408.
(5) Naxalism: National Security Implications By Lt.Gen Eric A.Vas [Retd].
Websites referred
(1) http://lawcommissionofindia.nic.in
(2) https://idsa.in/jds/4_2_2010_NaxaliteMovementinIndia_rdixit
(4) https://www.jstor.org/stable/26631541
(5) https://www.efsas.org/publications/study-papers/an-introduction-to-naxalism-in-india/