annual report print final.qxd - Asian Centre for Human Rights

INDIA HUMAN RIGHTS REPORT 2005 Andhra Pradesh
the upper castes hired labourers from
Kurnool for cultivation. An inquiry was
ordered but the Dalits continued to be
denied work. 42
V. Atrocities against the Adivasis
For the last three decades, indigenous
peoples of Andhra Pradesh had been facing
discrimination in the administration in
justice.
In 1974, the State government of
Andhra Pradesh issued a notification
pertaining to the application of Criminal
Procedure Code (CrPC), 1898, instead of
the CrPC, 1973 to the Scheduled and tribal
areas in Adilabad, Warrangal, Khammam,
East Godavari, Vasakhapatnam,
Vizianagaram and Srikakulam districts. 43
The 1973 Code has a provision for setting
off the period served by undertrial
prisoners while calculating a sentence of
imprisonment. But since the Code was not
applicable to tribal areas, prisoners in
these areas had to serve the full sentence
imposed on conviction, notwithstanding
the period served as undertrials. Further,
the benefit of anticipatory bail for nonbailable
offences provided under the 1973
Code was not available to the tribals. 44 In
March 2004 the Supreme Court held the
non-extension of benefits of amendments
of the CrPC of 1973 to the Scheduled
Areas as illegal. On 25 March 2004, the
state government reportedly issued an
order extending the provisions of the CrPC
of 1973, to all the tribal areas in the State.
Over 3,000 tribals languishing in jails even
after serving out their sentences were
8
ordered to be released. 45
The indigenous peoples also faced
forced evictions. On 22 September 2004,
the forest officials attempted to destroy the
crops of the tribals of Pathipaka village
under the Chintarevupalli reserve forest
range in Vararamachandrapuram mandal
in Khammam district. About 100 tribal
farmers raised crops in an area of 80-acres
which allegedly falls in the
Chintarevupalli forest area. The forest
officials remained silent when the tribals
ploughed the land and sowed seeds.
However, when the crops reached reaping
stage, the forest officials sought to destroy
them. 46
The Scheduled Areas inhabited by
indigenous peoples also have little access to
health care facilities. According to a report
of the National Family Health Survey-II,
the scheduled tribes of Andhra Pradesh
have not been getting access to good
medical and health care facilities. There has
been lack of doctors and paucity of
medicines. The primary health centres are
far from their dwelling places. The
womenfolk suffer the worst. More than
60% of the 24,57,809 tribal women in
Andhra Pradesh reportedly get married
before the age of 18 but pregnant tribal
women rarely get access to a qualified
doctor. The survey reported that 43.1 per
cent of pregnant tribal women do not get
ante-natal check ups. About 80 per cent of
them give birth to their babies at their
homes. 47
The State government has also not
taken measures for extension of scheduled