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

INDIA HUMAN RIGHTS REPORT 2005 Orissa
with the murder of his brother. However,
the district and sessions judge of
Sundergarh acquitted him in the case in
1992 because of the lack of evidence. The
state government had challenged the lower
court’s order in the High Court. He was rearrested
in 1993 following a high court
order. While ordering his re-arrest the high
court however had directed that the
accused might be released on bail bond of
Rs. 5,000 and two sureties. But he failed to
arrange any. His plight came to light in
August 2004 when he wrote a letter to the
Chief Justice of the High Court explaining
his ordeal. 32
Displacement by development
projects continues to play havoc with
indigenous peoples. In January 2004, the
Orissa High Court reportedly stayed the
acquisition of tribal lands by Jindal Steel
Company in Deojhar village of Keonjhar
district. The court also served show cause
notice on the state government. A writ
petition filed by 77 Adivasi people
including one Phutakar Munda alleged
that the company illegally acquired lands
in tribal populated Sialijoda and Ketabeda
villages of Deojhar. Large portion of about
244.68 acres of lands already acquired by
the company include cultivable lands,
grazing field and forestlands. 33
On 1 February 2004, officials of the
Sterlite India Limited with help of local
police evicted about 35 families from
Kinari under Belamba of Kalahandi
district. They were asked to pack their
belongings and kept in the rehabilitation
colony constructed on the slope of a hill by
the company and bulldozed the entire
Kinari village. The Advasis from
Kapaguda, Belamba, Turiguda,
Sindhbahali, Boringpadar and Basantapada
villages have been opposing the
establishment by the Sterlite Company. 34
The indigenous peoples of Kashipur
block, Rayagada district have been facing
atrocities from the security forces for
protesting the forcible takeover of their
lands for Utkal Alumina’s bauxite mine
and refinery, promoted by the Aditya
Birla Group and Canadian mining giant
Alcan. On 20 September 2004, a Chief
Minister’s office release stated that the
compensation per acre of unirrigated
upland has been enhanced from Rs
21,000 to Rs 1 lakh, while for paddy land
it has been increased from Rs 50,000 to
Rs 1.5 lakh. The upgraded compensation
for homestead land stood at Rs 8 lakh per
acre against the earlier rate of Rs 71,000.
The package has been allegedly formally
approved in the Zilla Parishad and the
Gram Sabhas of three villages -
Ramibeda, Kendukhunti and D’Koral,
from where people would be displaced. 35
However, indigenous peoples continued
their protests. On 25 November 2004,
Orissa Chief Minister Naveen Patnaik
was quoted as saying that anti-mining
struggles would be firmly dealt with. On
1 December 2004, a peaceful gathering of
about 300 Adivasis and dalit residents,
predominantly women, was lathicharged
and all entry into and exit from the
Kashipur villages was temporarily
banned. 36 The government has also failed
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