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