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

INDIA HUMAN RIGHTS REPORT 2005 Orissa
compensation of only Rs 1,000 in
accordance with the compensation
prescribed under a state government
resolution adopted in 1985. The NHRC
directed the State Government to take
appropriate remedial measures under the
relevant provision of SC & ST
(Prevention of Atrocities) Act, 1989. In
July 2003, Orissa government admitted
that the scale of relief prescribed under
the ST/SC (Prevention of Atrocities)
Rules 1995 had not been implemented in
the state so far. The state government on
27 February 2004 declared to pay Rs
5,250 more to the victim as
compensation. 27
In July 2004, an ashram built by the
Dalits at Badaya village under Aul Block
in Kendrapara district was demolished by
officials from the Revenue Department
allegedly in connivance with the upper
caste people. The Dalits in protest urged
the District Magistrate to allow them to
change their religious faith under the
Orissa Freedom of Religion Act. 28
In September 2004, NHRC issued a
notice to the Kendrapada district
administration in connection with the
assault of family members of Alekh
Behera, a Dalit, by a group of upper caste
villagers at Pahana village under Patkura
police station limits in Kendrapada
district. The upper caste villagers also
allegedly forcefully drove away other
Dalit villagers from their houses. When
the district administration allegedly failed
to give protection, the ostracized Dalit
families approached NHRC. 29
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V. Atrocities against the Adivasis
The Adivasis, indigenous peoples,
face discrimination, eviction, extensive
land alienation and displacement due to
development projects which do not benefit
them but destroy their cultural identities.
Adivasi inhabited areas are known for
famine, and every year thousands of
indigenous peoples from Orissa reportedly
migrate to other parts of the country
especially Mumbai, Hyderabad, Surat and
Assam in search of livelihood. From
March to May 2004, more than 8,000
indigenous peoples from Paralakhemundi
district, 2,500 tribals from Gumma block
reportedly left for Mumbai. 30
Denial of access to minor forest
produce has left thousands of Adivasis
without any means of livelihood. Forest
officials have filed thousands of
complaints against indigenous peoples for
collecting minor forest produce. On 11
October 2004, the State government
reportedly directed the Forest Department
to withdraw all 11,424 minor cases
involving forest produce of less than Rs
100. Indigenous peoples are often harassed
in petty forest offences while the timber
mafia continues its business with virtual
impunity. 31
Poverty severely impacts access to
justice by indigenous peoples. Duga
Munda of Patadiha village in Sundergarh
district had to spend 11 years in jail as he
was too poor to pay for his bail bond of Rs
5,000 until the Orissa High Court ordered
his release on 8 November 2004. He was
arrested in October 1991 in connection