1. Hon'ble Mr. Justice Nagendra Kumar Jain Chairperson, Rajasthan State Human Rights Commission INTERNSHIP PROJECT ON THE NAXAL CONFLICT AND ITS HUMAN RIGHTS IMPLICATIONS Submitted to: Submitted by: Shailendra Tiwari 1st year B.A.LLB.(Hons.) DR.RML NLU- Lucknow (U.P.)

2. Naxal affected prominent areas of India

3. All the parties in the Naxalite conflict i.e. the security forces, the Salwa Judum activists and the Naxalites are responsible for serious violations of international human rights and humanitarian laws. The Naxal conflict and its human rights implications

4. According to the estimates of Asian Centre for Human Rights, the security forces and the Salwa Judum cadres have killed 330 persons during 2006. Of them, 114 persons were killed in Chhattisgarh, 108 in Andhra Pradesh, 36 in Maharashtra, 27 in Jharkhand, 21 in Bihar, 17 in Orissa,4 in West Bengal, 2 in Uttar Pradesh and 1 in Karnataka. Human rights violations by the Security Forces

5. Across Dantewada district, the Salwa Judum activists have not only been given the responsibility for manning the camps but also the authotity and duty for maintenance of law and order. They have also been given the impunity for carrying out atrocities like arbitrary killings, torture, rape etc especially while bringing the villages under the Salwa Judum campaign. ACHR Violations by the vigilante groups

6. The Naxalites have been responsible for gross violations of international humanitarian laws including abduction, hostage taking, torture, hacking to death, shooting from point blank range, executions after trial by its socalled Peoples’ Court, Jana Adalat etc. The Salwa Judum activists, alleged police informers, alleged class enemies among the impoverished Adivasis and those who defy their diktat have been specific targets of the Naxalites. Violations of international humanitarian laws by the Naxalites

7. Sl No.StatesSecurity Forces CiviliansTotal 1Andhra Pradesh 72027 2Bihar12 24 3Chhattisgar h 57192249 4Jharkhand412061 5Karnataka000 6Maharashtra42024 7Madhya Pradesh 011 8Orissa448 9Uttar Pradesh 000 10West Bengal10818 Total135277412 Killings by the Naxalites in 2006

8. NAXALISM AND ITS ANTI-HUMANITARIAN ACTIVITIES 1.Indiscriminate killing of civilians 2.Killing of police informers 3. Killing of political party activists Political activists killed by the Naxalites included former MLA Hari Prasad alias Ghamari in Bihar on 2 January 2006,two Bharatiya Janata Party leaders - Ramchandra Sinha, spokesman of BJP’s Dongergarh unit, and Babla in Rajnandgaon district of Chhattisgarh on 30 March 2006 etc. Trials in Jana Adalats 5. Several people were displaced internally by naxlatite activities. 4. Trials in Jana Adalats In their strongholds, the Naxalites ran parallel justice system. The Naxalites continued to deliver kangaroo justice through socalled Jana Adalats, Peoples’ Courts. In Chhattisgarh, thousands have fled their villages and abandoned their paddy fields fearing attacks either by the Naxalites for opposing them or by the Salwa Judum activists and the security forces, for allegedly supporting the Naxalites. Dantewada is the largest district in the Bastar region of Chhattisgarh having 1354 villages in 11 Development Blocks. In March 2006, there were a total of 45,958 Adivasi villagers from 644 villages in 6 blocks of Dantewada district who have been living in relief camps. The villages where IDP camps have been established were Bhairamgarh, Geedom, Bodli, Bangapal, Matwara, Jangla, Naimed, Kutru, Pharsegarh, Talnar, Gangalur, Nelsanar, Pinkonda, Kodoli, Karkeni, Bedare, Etamkudum, Cherpal, Bijapur, Murdandha, Aachapalli, Gangakud, Usur, Pharaspal, Konta, Arrabore, Dornapal, and Dantewada.

9. Recommendations To the Central government of India: Create a separate Ministry for the development of the Naxalite affected States in line with Ministry of Development of North Eastern Region (DoNER) in order to oversee speedy development of the Naxalite affected areas; Intervene with the State governments not to adopt policies and practices which prolong and accentuate the Naxalite conflict; Intervene with the State government of Chhattisgarh to stop the Salwa Judum campaign and ensure that civilians are not involved in the conflict with the Naxalites and that no counterinsurgency or security measure be taken which directly or indirectly increases the risks of the civilians; and Take initiatives for holding dialogues between the State governments and the Communist Party of India (Maoists)).

10. To the Communist Party of India (Maoists): Declare cease-fire with the concerned State Governments for holding talks for peaceful resolutions of the conflicts and facilitate dismantling of all the Salwa Judum relief camps and return of the camp inmates to their respective villages with full safety and security; Provide guarantees that no person, who has lived in the temporary camps, by own volitionor force, or participated in the Salwa Judum campaign shall be harmed and that safety and security of those returning to their villages from the temporary relief camps be fully ensured; Stop targeting of the civilians and unarmed persons and use of explosives and land mines; Stop taking of hostages and immediately release those being held as hostages; Ensure full respect for the Geneva Conventions Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non- International Armed Conflicts (Protocol II) and make a public statement committing to ensure respect for the same; and Stop the use and recruitment of children in hostilities and immediately ban Bal Mandal (Children’s Division).

11. Endnotes 1. 'Naxalism single biggest internal security threat', The Economic Times, 14 April 2006 2. Naxal-affected areas increase, The Asian Age, 5 August 2006 3. Maoists storm jail in Orissa, free 40 prisoners, The Hindu, 25 March 2006 4. Iron hand in Koda war on Maoists, The Telegraph, 4 December 2006 5. Maoists hijack train, flee with rifles, The Indian Express, 11 December 2006, http://www.indianexpress.com/story/18326.html 6. Police seizes Naxal cache of 600 rockets, 27 launchers, The Deccan Chronicle, 9 September 2006 7. Large haul of ammunition & landmines in Kolkata, The Pioneer, 13 October 2006 8. 12 killed as Maoists target marriage party, The Times of India, 17 May 2006 9. Central Govt ayes copter use during anti-Naxal drive, The Hitavaida, 6 December 2006

12. Join hands to curb naxalism and bring the naxals in mainstream………thank you,

13. For any further information related with project and its subject matter Contact: Shailendra Tiwari Dr. Ram Manohar Lohiya National Law University- Lucknow Kanpur Road, LDA Colony, Lucknow (U.P.) mob: 7379539390 e-mail: shailendra.nlul@gmail.com