2-11-98

Honourable Gopinathji MundeDeputy C.M. & Minister for Home AffairsMaharashtra StateSecretariateMumbai 400 032

Sir,

Please find enclosed an application by Smt. Tanuja Dipak Pawar, the widow of Dipak Pawar who was shot dead by the police last week.

Smt. Tanuja Pawar does not find the police explanation acceptable and therefore she has appealed for a high level inquiry of the incident and also explanation for the burial of the body under secrecy and without allowing relatives to attend it. She has further requested a second post-mortem.

The suspicion raised about the role of the police, the popular sentiment regarding the incident and the information that we have collected indicate that Tanuja's application is justified. Kindly institute inquiry in this matter as promptly as possible.

Yours sincerely,Balkrishna RenakeMAHARASHTRA BHATKE VIMUKTA SANGHATANAPARISHAD

Smt. Tanuja Dipak Pawar58 Phata, MalshirasDist. Solapur2-11-98

To,Honourable Gopinathji MundeDeputy C.M. & Minister for Home AffairsMaharashtra StateSecretariateMumbai 400 032

Sub: Inquiry regarding the killing of my husband by the police of Malshiras Taluka (Thana Akluj) - regarding the suppression of this incident, threats and physical harm caused to me and my relatives - regarding getting false statements written from us :

Sir,

According to a newspaper report published on 25-10-1998, a dacoit belonging to Malshiras Taluka was killed in Police firing done in self-defence (the name : Dipak alias Irkya Suresh Pawar).

As his lawful wife I would like to state on the basis of my experience and information that my late husband was not a thief or a dacoit; and the police report is false. In support of my claim, I submit the following facts and information. Moreover, I would like to raise some issues and questions.

I am either eighteen or nineteen of age, and my husband was ninteen or twenty, perhaps. We got married two years back. I am now the mother of a child of eight or nine months. We do not own either house or land and such other properties.We lived in a makeshift hut near Crossing No. 58 at Malshiras. I used to beg during daytime and collect crumbs for us. Occasionally I worked on daily wages. After marriage my husband started liquor business. His business flourished for a few months because he paid 'Haptas' to the police.One day, two policemen came to our hut, collected the 'Hapta' and, after having their drink, held my hands : "You have a good-looking wife. Send her to us. We will give her easy work." Their comment was not liked by either of us. After that the amount of 'Hapta' had to be increased. The 'Hapta' could not be afforded, and therefore he stopped the liquor business. Since the police no longer got money from us, they started harassing us :"How can you manage without the liquor business ? You might be stealing .... do it or anything else, but we need our 'Hapta'." Inspite of such threats my husband neither engaged in the liquor-trade nor paid bribes to the police. The police harrassment increased. They took my husband away, kept him in lock-up for an alleged theft :"Work as police informer. Do liquor-trading. Give 'Hapta'. We will free you from this theft case." The police repeatedly told him so. Again, a few months back, he was taken in police custody and beaten up brutally. My husband was scared of this kind of third degree treatment.

Two days before the killing, my husband beat me because of minor disagreements between us. I was upset, and left the house. For four to five days, I used to beg during the day and sleep at the bus-station at Natepute. Then I returned home. It is then that I learnt that he was shot dead by the police while he was moving about enquiring after me at the relatives.

The news read out to me from newspapers, the report from my parents and information given by eyewitnesses lead me to raise the following points. They may raise subscription about the doings and the statements of the police :

1. My parents have informed me that on Saturday (24-10-1998) afternoon at about suspicion to the police went in a vehicle to their house. They put them in the vehicle and took them to the police-station, where they were made to wait for twelve hours (from 2p.m. to 2a.m.). They were asked to put thumb impressions on various documents. They were not allowed to leave even for urination. At 2 hours past midnight the police brought my husband's body after conducting the post-mortem at the hospital. They put my parents in the police vehicle and carried them and the dead body to the burial ground. The people required for digging up the burial place were also brought by the police. The body was wrapped in cloth; my parents were not allowed to unwrap it. They were not allowed to see the face of my husband, too. Salt, which is required for laying in the grave was also brought by the police. They did not permit the burial as per our custom which requires the presence of relatives. There were three jeep-load of policemen in the graveyard. But from

among the relatives, only my parents. The police have taken a photograph of my parents pushing earth into the grave.

2. According to the newspaper report, the dacoits were travelling in a small truck (tempo) carrying milk. The police stopped it with the help of their jeep. The dacoits attacked the policemen (who carried guns) with sticks and swords. Two policemen were seriously injured. The policemen fired rounds in self-defence - and as a result, Dipak Pawar died by being shot in the chest.People in the nearby locality have told us on the condition of anonymity that the time was early dawn, and it was not the hour of pitch darkness. The policemen were beating a single man. When he tried to escape and run away, the police fired, he was shot in the back and collapsed.

3. a)My parents and his people have known him as Dipak. Though I am his wife, I am not aware that he had a second name 'Irkya'. I am not aware why the police referred to him with that name. b)The press reports, too, have stated that the police have observed excessive confidentiality in this matter.

c)There is no knowledge of Dipak carrying any lethal weapon.

d)The small truck carrying milk which the police stopped : To whom did it belong ? Who was the driver ? Did the driver know the dacoits ? Where did they board the truck ? Where were they heading ? Does the driver have a statement to make ? And, why was the truck plying during midnight ? - These questions have not been raised. The driver has not been arrested.

As per my information,1. It is not true that two policemen were seriously injured.2. The police found Dipak alone, while he was looking for me.

3. There were marks on his body indicating that he was beaten up by the police.4. He was shot in the back, not in the chest.

5. The hour was not so dark that he could have taken advantage of the darkness and escaped.6. My father has stated that the police asked him, "Bring Dipak's wife along. We will take her statement and close the case."

Sir, considering all the above points, the police seem to have carried the burial in almost secrecy, in heavy police presence, without unwrapping the body, without allowing my parents to see it, hastily, and with a snap-shot of my parents taking part in it - all this as a cover-up.

Moreover, the police went to our make-shift hut near Crossing No. 58, and thrown about all the belongings inside it. Our rationcard and voter's identity card have been confiscated. The german-silver pots and pans have been crushed. During Diwali I had collected a few sweet-meats by begging in many houses : all that and salt and chilly condiments have been thrown on the ground, mixed with the earth. A few saris which I had have been taken away. A few pots, too. We have kept receipts of purchase for these. The latch and the lock, and the thatched walls are broken.

They treat us cruelly so that life becomes difficult, and we surrender to their whims, so that we write statement of any kind as they desire.

Under the circumstances, I appeal to you to consider the following demands :

1. An inquiry by an independent officer or the C.I..D. may be instituted to investigate the killing of my husband, Dipak Suresh Pawar.2. We are prepared to face police investigation. However, the inhuman treatment given to us, the damages caused to our households, should be brought to an immediate halt. For this purpose, the necessary instructions may be given. Protection may be provided to the following of my relatives as they have to face harrassment :

1. My parents, : Shri Zirpya Mahadu Kale stationed at Akluj Smt. Sharadi Zirpya Kale2. My sister : Smt. Radhabai Hunkarya Bhosale3. My sister-in-law : Smt. Rakma Duryodhan Kale4. My sister-in-law : Smt. Nakushi Shahaja Kale5. My niece : Smt. Sangita Balu Pise6. My aunt : Smt. Shubhabai Hunkar Bhosale

3. A second and reliable post-mortem of my husband's body should be carried out.

Let these requests be conceded in fairness to Justice, Humanity and to a person like me who leads a helpless, inferior, unfortunate life.

Yours humbly,(Impression of right hand thumb)Tanuja Dipak Pawar

For the necessary follow-up, copies to :

1. Shri Ballorishne RenakePresident, MahaBhakte Vimukta Sangha Parished Mumbai

2. Honourable chairman,National Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi 110 001

3. Shri G. N. DevySecretary,Denotified & Nomadic Tribals rights Action Group6, United Avenue, Near Dinesh Mill, Baroda 390 007

4. Shri Laxman GaikwadPresidentMaharashtra Bhatube Vimukta MahasanghG-304, Padmavati Nayan, Film City RoadGoregaon (E), Mumbai 400 063

21 May 1998

Shri Lal Krishna AdvaniUnion Minister for Home AffiarsSouth BlockNew Delhi 110 001

Honourable Shri Advaniji,

We are extremely grateful that you gave us your time to present our views on the plight of the Denotified and Nomadic Tribal Communities of India and to share our sense of outrage about the treatment given to them by the police and other communities.

The approximate population of the communities designated as Denotified and Nomadic Tribes of India's is over two crores, though exact census figures are not available due to change of the DNT status to SC/ST in various states. These communities were identified as 'Criminal' tribes (which included both castes as well as tribes) during the British rule. We have enclosed here a list of such communities available for the year 1952. However, there may be a number of gaps in the list provided. Though the notification was annulled during the early years of independence (1950-52), the police as well as the general public continue to treat most of these unfortunate communities as 'born criminals' and 'habitual criminals'. For instance, the text of "Bombay Habitual Offenders Act, 1959", is enclosed as an example of the series of legal amendments leading to the Denotification. Our recent survey in several districts of Maharashtra, to which this Act applies, showed that the communities are still being treated as 'born criminals'. We brought to the notice of the police authorities, the Press and the Deputy Chief Minister of Maharashtra the cases of atrocities that we came across. In other states of India too, every day brings in instances of mob-lynching, arson and police atrocities caused to the innocent and helpless DNTs.

We have been collecting evidence and atrocity stories and writing/speaking about them in order to create public opinion on this issue. Mahasveta Devi has been working with the DNTs for over two decades in Bengal, Bihar and Orissa. Laxman Gaikwad, a Sahitya Akademi awardee and a DNT himself, has been working in Maharashtra for about fifteen years. There are others in other states involved in the work and helping us in this movement. However, we think that this issue needs to be taken up with the utmost sense of urgency at the highest executive level, so that independence reaches the DNTs.

In our appeal presented to the Ministry of Social Welfare on the 14th of May, we had requested that the following measures be considered in the question of the DNTs.

1. To direct the Police Training Academies (for the IPS as well as state level PS) to remove misleading information about the DNTs from their syllabi.

2. To establish a special cell in the Ministry of Social Justice for undertaking preparation of a fresh and accurate list of Denotified communities, so that directions can be given to the Census of India to take up the survey more comprehensively in the year 2001.

3. To introduce provisions for exemplary punishment to all those in the police and State Governments who are deliberately forcing many of the DNTs to lead a life of criminality.

4. To undertake special programmes of social upliftment and economic betterment of the DNTs through the tribals sub-plans and other schemes already in operation.

5. To launch a massive information campaign aimed at bringing about change in the general attitude towards the DNTs.

6. To introduce a new legislation in the Parliament to cover all aspects of the DNT issue in such a way that the stigma of criminality will be removed from the life of so many million innocent Indians.

We presented a similar petition to the Chairman, National Human Rights Commission on the 14th May. We also had discussions with the Chief Election Commissioner and the Registrar & Commissioner,

the Census of India. During these discussions, various suggestions were considered. The NHRC has formally constituted an Advisory Group to prepare a report by the first week of July. Similarly, Smt Maneka Gandhi, Minister of Social Welfare, has invited us for a meeting in her Ministry at 11.00 a.m. on the 25th May.

While we will be presenting more information related to the DNT issue to these offices, I would like to sincerely urge you to consider the possibility of appointing a National Commission for a comprehensive review of the social and economic situation of the DNTs. Such a commission can bring together inputs from NGOs, Government offices, Legal experts and Members of the Parliament. The Denotified and Nomadic Communities have suffered social injustice for a very long historical period. We hope you will take personal interest in this matter, and if necessary draw the attention of the Prime Minister to this problem, and help these vulnerable section of the Indian Society in ending their miseries.

I shall leave for Delhi (to attend the meeting with Smt. Maneka Gandhi) on the morning of the 24th May. In case this dispatch reaches you before that date and if you would like me to meet you in Gandhinagar---for visiting the infamous Chhara ghetto- kindly inform me at telephone 0265-331968 / 351487 or Fax 0265-331130, which will enable me to reschedule my travel plans. I have prepared a video documentary on the Chharas. In case it suits you to spare 15-20 minutes on the 25th/26th of May, Smt. Mahasveta Devi and I can come to your office and play the documentary.

With regards,

Yours sincerely,

G.N.Devy

Secretary

Listing of Criminal Tribes prior to 1952

UTTAR PRADESH

1. BADAKS and BADHIKS : notified S.C. in Badaun; Kheri; Mathura and Shahjahanpur district of U.P. They are S.C.

2. BANJARA; VANJARI, LAMANI, LAMBHDI, LAMBADI : C.T. in four districts of U.P.

3. Barwars : Worshippers of Hindu Gods and Mohmmedan Pirs : C.T. Gonda; Hardoi; Sultanpur and Bareli Districts in U.P. S.C. there.

4. Bauriah : Baoriess; Baurias; Bawariyas; Bawaris; Marwaris; MOGHIA : C.T. in Muzzaffar Nagar and Meerut district in U.P. S.C. there.

5. BEDYAS : C.T. in parts of U.P. also known as BERIAS.

6. BHANTUS : C.T. in U.P. confined in settlements in U.P. S.C. there.

7. BHARS : C.T. in U.P. once Suryavanshis occupied and rules over Ayodhya. The Chero aborigins banished the Suryavanshis and ruled there. The Aryans drove the Bhars, Cheros and other tribes to the hills, then the tribals came down and re-conquered Ayodhya etc. That is what Elliott says. In U.P. they are Raj Bhars.

8. BORIYA (also ARAKH; Bahelia; Pasi, Raj Pasi) C.T. in Fatehpur and Kanpur districts of U.P.

9. CHAMARS : C.T. in ETAWAH; GHAZIPUR; JAHWPUR, in the rest of U.P. S.C.

10. DALERA/DALARIA : C.T. in BARELLI; Merrut and Moradabad districts of U.P. (Famine Driven).

11. DOMS (MAGHAIYAS; ORIYAS; AUDINIYAS; BANSFORES) : S.C. but C.T. in U.P. MAGHALYS DOMS. ORIYA DOMS are notified S.C. in U.P.

12. DUSADHS (CHAKAIS; PALWARS; MAGHIYAS) : PALWAR DUSADHS C.T. in Balliya district of U.P.

13. GANDHILLAS : C.T. in Muzzaffar Nagar of U.P.

14. Gidhais : C.T. in Moradabad District of U.P.

15. GHOSIS : Muslim herdsmen C.T. in Aligarhi; Etah and Mainpuri districts of U.P.

16. GUJARS : C.T. in U.P. (Tradition cattle grazer)

17. HABURAS : C.T. in U.P. where they are S.C.

18. KANJARS : C.T. in U.P.

19. KARWAL NATS : C.T. in U.P.20. KEWATS : C.T. in Basti district of U.P.

21. KHATIKS : C.T. in Basti & Gonda Districts of U.P.There are Hindu Khatiks and Muslim Khatiks in U.P. , S.C.

22. LODHAS or LODAHS : C.T. in Mainpuri and Fatehpur districts of U.P.

23. MALLAHS : C.T. in U.P.

24. MEWATIS : C.T. in U.P.

25. MUSAHARS : C.T. in Beneras division districts of U.P. (Dravidian Jungle Tribes).

26. NUTS or NATS : C.T. in parts of U.P.

27. OUDHIAS : C.T. in Kanpur and Fatehpur Districts of the U.P.

28. PASIS : C.T. in U.P.

29. SANSIAS : C.T. in U.P. and Delhi

30. TAGA BHATS : C.T. in Saharanpur District of the U.P.

31. BHALIAS/AHERIAS : S.C. in U.P.

HYDERABAD

1. DOMNARS or DOMARS (Reddys and Arais) : in post denotification period C.T. in Hyderabad State.

2. DONGA YERUKANS/KORACHAS/KORAVAS : C.T. in Hyderabad

3. KAIKADIS : C.T. in Hyderabad.

4. KOMAKAPUS : C.T. in Hyderabad State. 5. ODDARS or WODDARS : C.T. in Hyderabad State.

6. TALEGA PAMULAS or PEDDATY-GOLLAS or THELLA PAMAWADS ; C.T. in Hyderabad under the name "THELLA PAMAWADS - YERA GOLLAS, PEDDITI GOLLAS, PARIKINOKKAAS & GURU DASARIS.

7. YENADIS (Madras) or YENADIWADS (Hyderabad) : YENADIS C.T. in Madras, YENADIWAD C.T. in Hyderabad.

MADRAS PRESIDENCY

1. ADI-DRAVIDAS IN Chingelput District

2. Ambalgars/Moottankampadti and Suriyanur; Trichinapalli District.

3. Lambadi in Madras

4. Bhattu Turkas, C.T. in Chittoor District of Madras State

5. BOWAS (PEDDAS and DONGAS) : in Kurnool; Belrarvi; Ananthapur; Cuddapah and Chittoor in the Madras State also known BEDARS/BERAD on or after 1/1/1920 in Bombay State. (Originally a martial people, task force of Hyder Ali or Tipu's army). According to Enthoven in Belgaum an independent Bedar state under the Peshwas. Rebelled against the British, defeated in 1820. In Bombay State Bedar aprising in 1829 and 1825.

5.1 PAIGIAS : C.T. in Madras

6. Buda Bukkalas; also Ghakalas and Pamulas : C.T. in Guntoor District of Madras State.

7. Dasaris (Dongas & Gudas) : C.T. in Madras State, all over.

8. Dommars or Domars (Reddis & Arais) : were a C.T. in Madras State and still in Post-denotification period C.T. in Hyderabad State.

9. GHASIS : C.T. in Vasakhapattanam District in Madras State.

10. IRULARS : C.T. in North and South Arcot; Trichinopoly and Madras City of Madras State; Forest Tribe.

11. Jogis/Jogulas; C.T.

12. KALADIS, also "PARAYARS" C.T. in Ramanad District Classed as S.C.

13. KALLARS (PERAMALAIS; KOOTERPALS and PERIYA SURIYURS) : C.T. in Madura North and South; Tanjore and Trichanapoly Districts.

14. Kanjars : also Madras State

15. KEPUMARIS : Mainly in Kurnool; Salem; Coimbtoor and South Arcot Districts.

16. Kintali Kalingas : were C.T. in 6 villages in Pondur P.S. Limits of Vizagapattanam District.

17. Konda Doras : South Vizagapattanam District (Hill Cultivators)

18. KORACHAS almost all over Madras State under different local names : Koracha; Korava; Erukula; Koravar S.C. in Mysore State.

19. KARUMBARAVAS : C.T. in Ramvad Dist. of Madras.

20. Modigas : C.T. in the Kurnool District.

21. Malas : C.T. in Madras S.C. there.

22. Maravars ( Sambanads and Appanad-Kondayan-Kottai Maravars) : C.T. in Tinnevelly and Ramnad Districts of Madras.

23. Mutharachas : C.T. in Madras State. Same as Muthurians.

24. NAKKALAS : C.T. in East Godavari District.

25. NOKKARS/NOKKANS : C.T. in Chingleput District.

26. ODDARS/WODDARS : C.T. in Madras.

27. PICHARIS : C.T. in Bellary District of Madras. Same as PARDHIS, a hunter tribe.

28. Pichiguntalas : C.T. in Cuddapah District.

29. Poligars : C.T. in Chittoor District - A martial tribe. In a battle with the British 1799-1801 they killed 15 British Officers.

30. PARIYAS/RENGANOOR Parayias of Chittoor District, and REPPUR PARAYIAS of South Arcot District in Madras are C.T. also S.C. in Madras.

31. REDDIKAS : Only a small section notified in East Godavari District.

32. RELLIS : C.T. in Vizagapatanam District.

33. TALYARIS (DVAGUDIS) : C.T. in Cuddapah District.

34. TALEGA PAMULAS, or PEDDATI GOLLAS or THELLA PAMAWADS : Talega Pamulas or Peddati gollas C.T. in Madras. Also known as YERRA GOLLAS; PEDDETI GOLLAS, PARIKINOKKALLAS and GURU DASARIES.

35. TELLUNGAPPALATTI CHATTIS : C.T. in Madras.

36. THOTTIA-NAICKS : also known as Kambalathans or Jathi Pillays, or Tottiyans, C.T. in Madras State.

37. URALIGAUNDANS : C.T. in Tanjor District of Madras.

38. VALAYARS : As early as 1868 they were mentioned as " a low and debased class", in the manual of Madura District. C.T. in Madura and Coimbatoor Districts of Madras State.

39. Vallayankuppam Padaychis : C.T. in South Arcot district of Madras State.

40. Vattaikarans : C.T. in Tanjor District.

41. Vettuya Goundans : C.T. in Trichinapoly District.

42. YATAS : DONGA YATAS : C.T. in Vizagapattanam District.

43. YENADIS (Madras), or Yenadiwads (Hyderabad) : Yenadis C.T. in Madras and Yenadiwads C.T. in Hyderabad.

BOMBAY STATE

1. LAMANIS of Bijapur, Belgaum and Dharwad districts (also known as Sugalis) notified as C.T. in Bombay State.

2. BHAMTAS (IAKARIS) : C.T. in Bombay province. Also known as GHANTICHOR and UCHALYA. In Bombay state known as KHIS-KATTRUS; VADARI, KALWADOAR; TUDUG WAWDAR; KAWATIS.

3. VHAMPTA (Rajput) : Rajput Bhamta or Pardesi Bhamtas are a distinct class than TAKARI BHAMTAS. C.T. in Bombay province.

4. BHILS : Were convicted of non-bailable offences, or were required to give security under Section 110 Cr. P.C. on or 1.1.1920, were notified as C.T. in East and West Khandesh, Nasik, Ahmednagar, Puna and Solopur district in Bombay State.

5. BOYAS ( PEDDAS and DONGAS) also known as BEDARS or BERADS on or after 1.1.1920 C.T. in Bombay State (originally martial people, soldiers of Hydar Ali & Tipu's Army) In Belgaum independent State under the Peshwas. Under

the British they rebelled and were defeated in Bombay State uprising in 1829 and 1895.

6. KALKADIS : C.T. in Bombay State, also Hyderabad.

7. KANJARS : C.T. also in Bombay

8. MAN-GARUDIS : C.T. in Bombay State S.C. there.

9. NIRSHIKARIS, also Hiran Shikari, or Pardhi in Bombay State.

10. TADVIS : C.T. in Bombay on or after 1.1.1920

PUNJAB, PATIYALA, EAST PUNJAB'S STATES UNION AND THE PUNJAB.

1. AHERIAS, or Behelias, or Aheris, or Heris, Patiyala, East Punjab's States Union, and the Punjab S.C. but notified as Tribes.

2. BARRAS : Notified in Punjab; Patiyala and East Punjab's States union S.C.

3. BAURIAH; BAORIESS; BAURIAS; BAWARIYAS; BAWARIS; MARWARIS, MOGHIA : C.T. in Punjab, Delhi as S.C.

4. BEDYAS : C.T. in Punjab

5. BENGALIS/BHANGALIS : C.T. in Punjab

6. BHEDKUTS : C.T. in the Punjab

7. BHURA BRAHMANS : C.T. in Kangra District, Punjab

8. CHHURAS or CHURAS : C.T. in village Savhra in Amritsar dist. and Fatehgarh and Shavhraon in Firozpur District in the Punjab.

9. DHEAS or DHES : C.T. also S.C. in Punjab, Patiyala also East Punjab States Union.

10. DHENWARS : C.T. in the Gurgaon district of Punjab.

11. GANDHILLAS : C.T. in Patiyala district, East Punjab states Union and the Punjab. In Punjab they are S.C.

12. JATS (GUTKAS or DILLONS) : Gurkas and Dillon Jats are C.T. in some parts of the Punjab State.

13. Kanjars : C.T. in the Punjab; Patiyala and East Punjab states union in Punjab S.C. other states S.T.

14. MAHATAMS : C.T. in Firozpur district of Punjab.

15. MEWATIS : C.T. in the Punjab.

16. MINAS : C.T. in the Punjab, Patiyala and East Punjab States Union.

17. NUTS or NATS : C.T. in parts of Punjab.

18. RACHBANDS : C.T. in the Punjab.

19. SANSIAS : C.T. in the Punjab, Patiyala, East Punjab states union.

20. SINGHIKATS : C.T. in the Punjab.

21. TAGUS : C.T. in KARNAL Dist. of Punjab.

RAJASTHAN, MADHYA PRADESH & BHOPAL STATE

1. BAIRAGIS : C.T. in Bhopal State.

2. BANJARA; VANJARI; LAHANI; LAMVHADI; LAMBADI; part Rajasthan and Madhya Bharat, notified in Madhya Bharat, S.C..

3. BANCHHADAS : C.T. in Dhar, Sitaman, Dewas, Indore in Madhya Bharat.

4. BAURIAH; BAORIESS; BAURIAS; VAWRIYAS; BAWARIA; MARWARIS; MOGIA : part of Rajasthan and Madhya Bharat; in Ajmer S.C.

5. BEDYAS : C.T. in Vindhya Pradesh (M.P.) also referred to as BERIAS.

6. BHANMATES : C.T. in Dewas, Madhya Bharat.

7. BHATS : C.T. in Jodhpur division of Rajasthan, wandering poets and singers.

8. BHILS : C.T. in Jallore and Pali districts in Rajasthan (Pressure of Famine)

9. BIJORIA : C.T. in Bhopal

10. CHANDRAVEDIS; SONARIAS; SANALIRIAS : C.T. in Vindhya Pradesh (Chandravedisi Sonurias and Sanurias C.T. in Bhopal State.

11. Kanjars : C.T. in Madhya Bharat; Rajasthan, Ajmer and Bhopal states. They are S.C. in these places.

12. MINAS : MINA CHOWKIDARS have also been notified in some parts of Rajasthan (Better placed as they were former rulers of land later held by Jaipur Kings)

13. MULTANIS : C.T. in Udaipur and Bhilwara of Rajasthan.

14. NAIKS : C.T. in Jodhpur district of Rajasthan.

15. NIRSHIKARIS : C.T. as Pardhi in Madhya Bharat.

16. NUTS or NATS : C.T. in Rajasthan and Vindhya Pradesh.

17. PASIS : C.T. in Vindhya Pradesh

18. SANSIAS : C.T. in Ajmer, Delhi, Bhopal, Madhya Bharat, Rajasthan.

MYSORE, WEST BENGAL, BIHAR, ORISSA, J & K, SAURASHTRA, KUTCH

1. BAURIAH; BAORIESS; MARWARI; BAURIAHS : C.T. in Bihar.

2. BEDYAS : C.T. in West Bengal, also referred to as Berias

3. BHARS : C.T. in West Bengal, Bihar

4. DANDASIS : C.T. in Ganjan district of Orissa. S.C. in rest of Orissa.

5. DHARIS : C.T. in Patna; Munger and Bhagalpur districts of Bihar.

6. DHEKARUS : C.T. in West Bengal, and Santhal parganas of Bihar.

7. DOMS : MAGHALYA, DONS: C.T. in Bihar, only the convicted ones are C.T. in West Bengal.

8. BANSFORE DOMS : C.T. in Bihar

9. ORIYA DOMS and ALIDINIYAS are C.T. in Orissa, Bihar and West Bengal.

10. DUSADHS : CHAKAI AND MADHIYA DAUSADS C.T. in Bihar.

11. GANTICHOR or GANTUKOLLARS : C.T. in Mysore State.

12. GHASIS : C.T. in Orissa also S.C.

13. GONDAS : C.T. in Orissa, convicted ones are C.T. in West Bengal.

14. HANDIJOGIS : C.T. in Banglore and Kokir districts of Mysore state, also S.C.

15. HINGORA : C.T. in Kutch.

16. JAINTRA PANS : C.T. in Orissa. Under Tajpur P.S. alone.

17. KARWAL NATS : C.T. in West Bengal & Bihar.

18. KORACHAS & KORAVAS : C.T. in Mysore States under names. Also ERUKULA and KORAVAR. S.C. in Mysore State.

19. LODHAS or LODAHS : C.T. in Singhum District in Bihar the convicted ones are C.T. in West Bengal. In West Bengal, they are S.C. (correction they are S.T. also found in Mayurbhanj - Mahashweta Devi.

20. MIANS : C.T. in Certain parts Halar district in Saurashtra.

21. MUNDA POTTAS : C.T. in Gunjam District of Orissa.

22. MUSAHARS : C.T. in Bihar, also S.C. there (Dravidian Jungle Tribe)23. ODDARS or WODDARS : C.T. Mysore also S.C. there.

24. PAIDIS : C.T. in Koraput district of Orissa.

25. PARNAS or PERNAS : C.T. in J & K.

26. SANSIYAS : C.T. in J & K.

27. TALEGA PAMULAS or PEDDATI GOLLAS or THELLA PAMAWADS : C.T. in Orissa.

THE BOMBAY HABITUAL OFFENDERS ACT 1959 (BOM. ACT NO. 61 of 1959)

Contents

PreambleSectionsChapter IPreliminary

1. Short title, extent and commencement2. Definitions

Chapter IIRegistration of Habitual Offenders and Restriction of their Movements.

3. Power of State Government to direct registration of habitual offenders4. Procedure for preparing a register of habitual offenders5. Charge of register and alterations therein6. Power to take finger and palm impression, foot-prints and photographs

at any time.7. Registered Offenders to notify change of residence and to report

themselves8. Procedure by District Magistrates on change of residence of habitual

Offender to other districts9. Duration of registration and re-registration of habitual offenders10. Right to make representations against re-registration, etc.11. Power to restrict movements of registered Offenders12. Power to cancel or alter restrictions of movements13. Powers under sections 11 and 12 also exercisable by certain

MagistratesChapter IIICorrective Training of Habitual Offenders

14. Establishment of corrective settlements15. Power of direct habitual offenders to receive corrective training16. Power to transfer or discharge from corrective settlement

Chapter IVPenalties and procedure

17. Penalty for failure to comply with certain provisions of the Act18. Arrest of persons found outside restriction area or corrective

settlement19. Enhanced punishment for certain previously convicted persons 20. Punishment for certain registered Offenders found under suspicious circumstances21. Penalty for failure to arrest a habitual Offender

Chapter VMiscellaneous22. Bar of Jurisdiction23. Bar of Legal Proceeding24. Power to delegate25. Power to make rules26. Savings27. Repeal and Savings

The Bombay Habitual Offenders Act, 1959[Bombay Act No. 61 of 1959/26th October 1959]

An act to make better provisions for the treatment and training of habitual offenders and for certain other matters.

WHEREAS it is expedient to make better provision for the treatment and training of habitual offenders, and for certain other matters. It is hereby enacted in the Tenth Year of the Republic of India as follows :-

Chapter IPreliminary

1. Short title, extent and commencement - (1) This Act may be called the Bombay Habitual Offenders Act, 1959(2) It extends to the whole of the 1[State of Gujarat].(3) It shall come into force on such date as the State Government may

by notification in the Official Gazette, appoint.

2.Definitions. - In this Act, unless the context otherwise requires -(a) "Code" means the Code of Criminal Procedure, 1898 (V of 1898) :(b) "Corrective settlement" means any place established, approved or

certified for corrective settlement under section 14;(c) Omitted(d) Omitted(e) "habitual offenders" means any person who, since his attaining the

age of eighteen years. -(i) During any consecutive period (whether before or after the commencement of this Act, or partly before and partly after such commencement) of five years, has been sentenced on conviction, on not less than three occasions to a substantive term of imprisonment for one or more of the scheduled offences committed on separate occasions, being offences which are not so connected together as to form parts of the same transaction. and (ii) Such sentence has not been reversed in appeal or revision :

For statement of Objects and Reasons, see Bombay Government Gazettle, 1959 Part V, page 347.

1. Subs. vide Guj. A.O. 19602. Omitted vide ibid.

Provided that in computing the consecutive period of five years aforesaid, any period spent in jail either under a sentence of imprisonment or under detention shall not be taken into account. :(f) "Prescribed" means prescribed by rules made under this Act:(g) "registered offender" means a habitual offender registered or re-

registered under this Act;(h) "scheduled offence" means an offence specified in the Schedule or

an offence analogous thereto;(i) 1[* * *]

Chapter IIRegistration of Habitual Offenders and Restriction of their Movements

3. Power of State Government to direct registration of habitual offenders, - The State Government may direct the District Magistrate to make a register of habitual offenders within his district, by entering therein the names and other prescribed particulars of such offenders.4. Procedure for preparing a register of habitual offenders. - For the purpose of carrying out the direction given under section 3, the district Magistrate or any officer appointed by him in this behalf shall, by notice in the prescribed form to be served in the prescribed manner, call upon every habitual offender in the district -

(a) to appear before him at a time and place specified in the notice;(b) to furnish such information as may be necessary to enable him to enter the name and other prescribed particulars of the habitual offender in the register; and(c) to allow the finger and palm impressions, foot-prints and photographs of the habitual offender to be taken :

Provided that the name and other prescribed particulars of the habitual offender shall not be entered in the register, unless he has been given reasonable opportunity of showing cause why such entry should not be made.

5. Charge of register and alterations therein - (1) The register shall be placed in the keeping of the Superintendent of Police of the district who shall, from time to time, report to the District Magistrate any alterations which ought, in his opinion, to be made therein.(2) After the register has been placed in the keeping of the Superintendent of Police, no fresh entry shall be made in register, nor shall any entry be cancelled, except by or under, an order in writing of the District Magistrate.

6. Power to take finger and palm impressions, footprints and photographs at any time. - The District Magistrate or any officer appointed by him in this behalf may at any time order the finger and palm impressions, footprints and photographs, of any registered offender to be taken.

7. Registered offenders to notify change of residence and to report themselves. -

(1) Every registered offender shall notify to such authority, and in such manner as may be prescribed, any change or intended change of his ordinary residence :

Provided that where such offender changes or intends to change, his ordinary residence to another District (whether within the State or not) he shall notify the change or intended change to the District Magistrate.(2) The District Magistrate may, by order in writing, direct that any registered offender shall -

(a) report himself once in each month, or where the District Magistrate for reasons specified in the order so directs, more frequently, to such authority, and in such manner, as may be specified in the order, and(b) notify any absence or intended absence from his ordinary residence to the authority:

Provided that the District Magistrate may exempt any such offender from notifying any absence or intended absence from his ordinay residence for such period, and under such conditions, as appear to him reasonable.

8. Procedure by Direct Magistrates on change of residence of habitual offender to other district - (1) Where any registered offender changes his ordinary residence to another district within the state, the District Magistrate of the District in which the offender is registered shall inform the District Magistrate of the other district of such change, and at the same time furnish him with the name and other particulars relating to the registered offender in the register.(2) On the receipt of such information, District Magistrate of the other district shall enter in his register the name and other particulars of the registered offender furnished to him, and inform the District Magistrate of the first district of such registration, and thereupon such District Magistrate shall cancel from his register the entry relating to that offender.

Provided that where a registered offender changes his ordinary residence to another district outside the State, the District Magistrate of the first district shall, while furnishing the District Magistrate of the other district with the name and other particulars of the registered offender, make a request to that District Magistrate that he may be informed of the steps if any, which may have been taken in relation to the offender under any law for the time being in force in that other district; and upon the receipt of such information the District Magistrate of the first district shall cancel from his register the entry relating to that offender.(3) Upon the entry of the name and other particulars of a registered offender in any register in the State under sub-section (2), the provisions of this Act and the rules made thereunder shall apply to him as if he has been registered, in pursuance of a direction given under section 3, in the register of the district to which he has changed his ordinary residence.

9. Duration of registration and re-registration of habitual offenders-(1) Subject to the provision of sub-section (3), the registration of a habitual offender under this Act shall, unless earlier cancelled, cease to be in force on the expiry of five years from the date of such registration, and on such cancellation or expiry the habitual offender shall cease to be a registered offender.(2) Notwithstanding the cancellation, or expiry of duration, of registration a habitual offender may be re-registered in accordance with the provisions of this act relating to registration, as often as he is convicted

of one or more of the scheduled offences at any time after such cancellation, or expiry, and subject to the provisions of sub section (3), the re-registration shall unless earlier cancelled, cease to be in force on the expiry of five years from the date of such re-registration.(3) Where a registered offender is, during the period of registration or re-registration, convicted of one or more of the scheduled offences and sentenced to a substantive term of imprisonment, the duration of registration or re-registration shall be extended for a period of five years from the date of his release from such imprisonment.

10. Right to make representations against re-registration, etc. - (1) Any person aggrieved by the registration or re-registration of his name under section 4, or as the case may be, section 9 or by an order under section (2) of section 7, may within prescribed period make a representation to the State Government against such registration, re-registration or order.(2) The state Government shall, after considering the representation and giving the aggrieved person an opportunity of being heard, either confirm or cancel the registration, re-registration or order, as the case may be and shall in the case of confirmation record a brief statement of the reason therefore.11. Power to restrict movements of registered offenders. - (1) If in the opinion of the state Government it is necessary or expedient to the interests of the general public so to do, the State Government may subject to the provisions of sub-section (4), by order direct that any registered offender shall be restricted in his movements to such area, and for such period not exceeding three years, as may be specified in the order.(2) Before making any such order the State Government shall take into consideration the following matters, that is to say, -(a) the nature of the offences of which the registered offender has been convicted, and the circumstances in which the offences were committed;(b) Whether the registered offender follows any lawful occupation and whether such occupation is conducive to an honest and settled way of life and is not merely a pretence for the purpose of facilitating the commission of crime;(c) the suitability of the area to which his movements are to be restricted; and(d) the manner in which the registered offender may earn his living within the restriction area, and the adequacy of arrangements which are or are likely to be, available therefore.(3) A copy of the order shall be served on the registered offender in the prescribed manner.(4) The period specified in an order under sub-section (1) shall in no case extend beyond the period of registration or re-registration, as the case may be, referred to in section 9.

12. Power to cancel or alter restriction of movements. - The State Government may, by order, cancel any order made under section 11, or alter any area specified in an order under the section :

Provided that before making such order, the State Government shall consider the matters referred to in sub-section (2) of section 11 in so far as they may be applicable.

13. Powers under sections 11 and 12 also exercisable by certain magistrates. -

(1) Subject to the provisions of sub-section (3), the powers of the State Government under section 11 and 12 may be exercised also by a Magistrate having power to act under section 110 of the Code, but without prejudice to the exercise of his powers under that section of the Code.(2) A Magistrate acting under section 11 and 12 shall follow, as nearly as may be, the procedure laid down in sections 112,113,114,115 and 117 of the code for an order requiring security for good behaviour:

Provided that the order in writting referred to in section 112 of the Code shall. in addition to setting forth the substance of the information received, state the term, not exceeding three years, during which the order of registration shall be in force.(3) Where the State Government has already made an order under section 11 in respect of a habitual offender, the Magistrate shall not exercise any powers conferred by this section in respect of the same habitual offender, during any period in which the order of the State Government is in force.

Chapter IIICorrective Training of Habitual Offenders

14. Establishment of corrective settlements. -

(1) For the purpose of placing therein such habitual offenders as are directed to receive corrective training under this Act, the State Government may, by notification in the Official Gazette, establish and maintain in the State as many corrective settlements as it thinks fit.(2) The State Government may also approve or certify any privately managed institution (whether known as a settlement or otherwise) as a corrective settlement for the purposes of this Act.

15. Power to direct habitual offenders to receive corrective training.-(1) Where the State Government is satisfied from the report of the District Magistrate or otherwise, that it is expedient with a view to the reformation of a registered offender and the prevention of crime, that the registered offender should received training of a corrective character for a substantial period, the State Government may by order in writing direct that the registered offender shall receive training of a corrective character for such period, not exceeding the duration of his registration or re-registration, as may be specified in the order.(2) Where a habitual offender, who is not more than forty years of age-(a) is convicted of any offence punishable with imprisonment, or(b) is required in pursuance of section 110 of the Code to execute a bond for his good behaviour, and the court or the Magistrate is satisfied from the evidence in the case and other materials on record that is expedient with a view to his reformation and the prevention of crime, that he should receive training of a corrective character for a substantial period, the courier or the Magistrate may, in lieu of sentencing him for such offence or, as the case may be, requiring him to execute such bond, direct that he shall receive corrective training for such term of not less than two nor more than five years, as the court or the Magistrate may determine.(3) Before giving any direction under sub-section (1) or sub-section (2) the state Government, the court or the Magistrate, as the case may be, shall -(a) consult the officer prescribed on the capacity of the corrective settlements to receive the habitual offender.(b) take into consideration the physical and mental condition of the offender, and his suitability for receiving corrective training in a corrective settlement, and(c) give a reasonable opportunity to the offender to show cause why such direction should not be given.(4) A habitual offender, in respect of whom a direction to receive corrective training has been made, shall be placed in a corrective settlement for the term of his training, and while in such settlement shall be treated in such manner and receive such training as may be prescribed.

16. Power to transfer or discharge from corrective settlement - The State Government, or any officer authorised by it in this behalf, may at any time by order in

writing direct any habitual offender who may be in a corrective settlement to be transfered to another corrective settlement or to be discharged therefrom; and according he shall be so transferred or, as the case may be, discharged.

Chapter IVPenalties and Procedure

17. Penalty for failure to comply with certain provisions of the Act.A habitual offender who without lawful excuse, the burden of proving which shall lie upon him, -

(a) fails to appear in compliance with a notice issued under section 4 or(b) intentionally omits to furnish any information required under that section, or furnishes as true any information which he knows, or has reason to believe, to be false or does not believe to be true, or(c) refuses to allow his finger and palm impressions, foot-prints and photographs to be taken by any person acting under an under an order passed under section 6, or(d) fails to comply with the provisions of sub-section (1) of section 7 or with an order of the District Magistrate under sub-section (2) thereof or with an order under section 11, may be arrested without warrant, and shall be punished -

(i) on first conviction, with imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees, or with both, and(ii) on a second or subsequent conviction, with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupes, or with both

Provided that, if the court, after taking into consideration the offender's age and physical and mental condition and his suitability for receiving training of a corrective character, in a corrective

settlement, is satisfied that it is expedient with a view to his reformation and the prevention of crime, that he should receive training of a corrective character for a substantial period, the court may, in lieu of sentencing the offender to any punishment under this section, direct, after giving him an opportunity of showing cause (and after consulting the officer prescribed on the capacity of the corrective settlements to receive him) that he shall receive corrective training in a corrective settlement for term not exceeding three years, as it may determine.

18. Arrest of person found outside restriction area or corrective settlement. - If any person -(a) is found outside the area to which his movements have been restricted in contravention of the conditions under which he is permitted to leave such area, or(b) escapes from any corrective settlement in which he is placed, he may be arrested without warrant by a police officer, police patel or village watchman and taken before a Magistrate who, on proof of the facts, may order him to be removed to such area or to such corrective settlement, there to be dealt with in accordance with this Act and the rules made thereunder.

19. Enhanced punishment for certain previously convicted persons. - (1) Whoever, being a person in respect of whom a direction has been made under section 11 or section 15,and having been convicted of any of the scheduled offences falling under Part I of the schedule is convicted of the same or of any other scheduled offence falling in that Part shall, on conviction, be punished with imprisonment for life or with imprisonment for a term which may extend to ten years.(2) Nothing in this section shall affect the liability of such person to any further or other punishment to which he may be liable under the Indian Penal Code (XLV of 180) or any other law.

20. Punishment for certain registered offenders found under suspicious circumstances. - Whoever, being a person in respect of whom a direction has been made under section 11 or section

15, is found in any place under such circumstances as to satisfy the court -(a) that he was making preparation for committing theft or robbery, shall on conviction, be punished with imprisonment for a term which may extend to three years, and shall also be liable to a fine which may extend to one thousand rupees.

21. Penalty for failure to arrest a habitual offender. - If a police patel or a village watchman having opportunity to arrest any person under section 18,

fails to arrest him in circumstances which are not beyond his control, he shall on conviction be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees, or with both.

Chapter VMiscellaneous

22. Bar of jurisdiction. - No court shall question the validity of any direction or order issued under this Act.

23. Bar of legal proceedings. - No suit, prosecution or other legal proceedings shall lie against the State Government or any person for anything which is in good faith done or intended to be done under this Act.

24. Power to delegate. - The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act except the power under section 25 may also be exercised subject to such conditions (if any) as may be specified in the notification, by such officer not below the rank of a District Magistrate as may be specified therein.

25. Power to make rules. - (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.(2) In particular, and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely :-(a) the form of notice under section 4 and the manner in which such notice may be served.(b) the form of register of habitual offenders and the particulars to be entered therein;

(c) the authority to whom and the manner in which any changes or intended change of ordinary residence shall be notified under sub-section (1) of section 7;(d) the nature of restrictions to be observed by registered offenders whose movements have been restricted;(e) the grant of certificate of identity to registered offenders and inspection of such certificates;(f) the conditions under which the offenders may be permitted to leave the area to which their movements have been restricted or the corrective settlements in which they have been placed;(g) the terms upon which offenders may be dicharged from corrective settlements;(h) the working, management, control and supervision of corrective settlements including the discipline and conduct of persons placed therein;(i) the conditions for, and the manner of, approving or certifying privately managed settlements;(j) the appointment of non-official visitors for corrective settlements;(k) the condition and circumstances under which members of the family of a habitual offender may be permitted to stay with him in a corrective settlement;(l) the periodical review of the cases of all persons whose movements have been restricted or who are placed in corrective settlements under this Act.(m) any other matter which is to be or may be prescribed under this Act.(3) In making rules under this Act the State Government may provide that a contravention of any of the rules shall be punishable with fine which may extend to one hundred rupees.(4) All rules made under this Act shall, as soon as may be after they are made, be laid before the State Legislature.

26. Savings - Nothing in this Act affect the powers of any competent authority under any other law for the time being in force to make an order of restriction or detention, and any order passed or direction made under this Act in so far as it conficts with any other made by a competent authority under such law shall be deemed to be inoperative while the order under such law remains in force.

27. Repeal and savings - On the commencement of this Act, the following Acts, that is to say.-(1) the Bombay Habitual Offenders Restriction Act, 1947 (Bom. LI of 1947).(2) the Hyderabad Habitual Offenders (Restriction and Settlement) Act, 1954 (Hyd. XXII of 1954), and (3) the Saurashtra Habitual Offenders Restriction Act, 194751 (Sau. XXXI of 1951) shall stand repealed :Provided that such repeal shall not affect -(a) the previous operation of any Act so repealed, or anything duly done or suffered thereunder;(b) any right, privilege, obligation or liability acquired, accrued or incurred under any any Act so repealed;(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed;(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, liability, penalty, foreiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed:

Provided further that, subject to the preceding proviso, anything done or any action taken (including orders or rules made, notices issued and settlements established or approved) under any Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force according unless and until superseded by any thing done or any action taken under this Act.

Offences under the Indian Penal Code (XLV of 1860)Chapter XII

Sections231 Counterfeiting coin.232 Counterfeiting Indian coin.233 Making or selling instrument for counterfeiting coin.234 Making or selling instrument for counterfeiting Indian coin.235 Possession of instrument or material for the purpose of using the

same for counterfeiting coin239 Delivery of coin possessed with knowledge that it is counterfeit.

240 Delivery of Indian coin, possessed with knowledge that it is counterfeit.

242 Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.

243 Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof.

Chapter XVI

304 Culpable homicide not amounting to murder.307 Attempt to murder.308 Attempt to commit culpable homicide.311 Being a thug.324 Voluntarily causing hurt by dangerous weapons or means.325 Voluntarily causing grievous hurt326 Voluntarily causing grievous hurt by dangerous weapons or means.327 Voluntarily causing grievous hurt to extort propety, or to constrain to

an illegal act.328 Causing hurt by means of poison, etc., with intent to commit an offence.329 Voluntarily causing grievous hurt to extort property, or to constrain

to an illegal act.332 Voluntarily causing hurt to deter public servant from his duty.333 Voluntarily causing grievous hurt to deter public servant from his

duty.347 Wrongful confinement to extort property, or constrain to illegal act.365 Kidnapping or abducting with intent secretly and wrongfully to confine

person.366a Procuration of minor girl.366b Importation of girl from foreign country.368 Wrongfully concealing or keeping in confinement, kidnapped or

abducted person.369 Kidnapping or abducting child under ten years with intent to steal

from its person.

Chapter XVII

379 Theft.380 Theft in dwelling house, etc.382 Theft after preparation made for causing death, hurt or restraint in

order to the committing of the theft.384 Extortion385 Putting person in fear of injury in order to commit extortion386 Extortion by putting a person in fear of death or grievous hurt.387 Putting person in fear of death or of grievous hurt, in order to commit

extortion.392 Robbery.393 Attempt to commit robbery394 Voluntarily causing hurt in committing robbery.395 Dacoity.397 Robbery or dacoity, with attempt to cause death or grievous hurt.398 Attempt to commit robbery or dacoity when armed with deadly

weapon.399 Making preparation to commit dacoity.400 Belonging to a gang of dacoits.401 Belonging to a gang of thieves402 Assembling for purpose of committing dacoity.411 Dishonestly receiving stolen property.414 Assisting in concealment of stolen property.451 House-tresspass in order to commit offence punishable with

imprisonment.

452 House-trespass after preparation for hurt, assault or wrongful restraint.453 Lurking house-trespass or house-breaking.454 Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment.455 Lurking house-trespass or house-breaking after preparation for hurt,

assault or wrongful restraint.456 Lurking house-trespass or house-breaking by night.457 Lurking house-trespass or house-breaking by night in order to commit

offence purnishable with imprisonment.458 Lurking house-trespass or house-breaking by night after preparation

for hurt, assault, or wrongful restraint.459 Grievous hurt caused whilst committing lurking house-trespass or

house-breaking.460 All persons jointly concerned in lurking house-trespass or house-

breaking by night punishable where death or grievous hurt caused by one of them.

II

Offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (IV of 1956).

461 Living on the earning of prostitution.

25 May 1998

Smt. Maneka GandhiMinister of State (Welfare)Ministry of WelfareShastri BhavanNew Delhi 110 001

Honourable Smt. Gandhi,

We are extremely grateful for your keen interest in the question of the Denotified and Nomadic Tribes of India. On behalf of our colleagues in the Denotified and Nomadic Rights Action Group, we sincerely thank you for inviting us to this meeting.

We have studied the Action plan proposed by the Ministry of Welfare for development of DNTs, which we find is extremely thoughtful and takes into consideration all suggestions made in our petition presented to you on the 4th May 1998.

We submit the following suggestions for your consideration and inclusion in the Action Plan :

1. Definition of the Term 'Denotified and Nomadic Communities' : Since 'Denotified and Nomadic Tribes' is a constitutional category determined by the 1952 repeal of the Criminal Tribes Act, in its stictly constitutional sense the term leaves out other communities which were known as 'Criminal Castes' in the territories of princely states and which were included in the lists of Scheduled Castes and other Backward Classes in various states.

The aim of the Ministry's proposed plan being removal of the stigma of criminality and not drawing up of a seperate schedule of

DNTs as suggested in the Report of the Advisory Committee on the Revision of Lists of SC/ST 1965, it will be desirable to think of the term Denotified and Nomadic Tribes of India as a 'social category' covering all such tribes, castes and communities as were marked during the colonial times throughout India as 'born criminal' or 'habitually criminal'.

2. Indepth Studies: The Ministry's plan to initiate indepth studies (page 6, item no.5) will be extremely useful in assessing the results of allocating SCA funds to the development of DNTs as well as of efforts made by NSFDC, SCDCs and TRIFED. However, such studies will defeat the purpose of the exercise if they yield merely Quan titative tabulations. Since the allocations made under SCP or SCA are Sectorial and Atmosied in nature, the macro-level tabulation may not reflect the actual social transformation effected by the outlays.

Therefore, we humbly submit that the studies to be undertaken may be focused on some of the habitats of major former settlements of DNTs (including the surrounding area of 60 to 80 kms. radius). We further suggest that the following settlement habitats may offer excellent instances for fruitful study: 1. Ahmedabad Settlement (1929 & 1931) where Chharas & Kanjaras

were kept in confinement.2. Sholapur Settlement (1921) where Pardhis, Vaidus, Rajgonds, etc were

kept in confinement.3. Baramati Settlement (1918).4. Steven-nagar Settlement in Andhra (1911).

Similarly, some specific community spread over several States may be made the subject of indepth study so that a comparative perspective on the relation between allocation and social transformation may emerge. For instance the following two communities could be selected in the

initial stages:

A. Lodha Community spread over nine states :

i) Bengal : Schdeuld Tribe, Using Bangla as ingroup language as well as inter-group language.

ii) Orissa : Schedule Tribe, Using Ladha as ingroup language and Lodha, Oriya and Bangla as intergroup languages.

iii) Bihar : OBC, using Bangla as ingroup language and Bangla and Hindi as intergroup languages.

iv) Delhi : Schdule Tribe (?) using Hindi as ingroup as well as intergroup language.

v) Gujarat : Bakshi Panch/OBC, using Braj Bhasha as ingroup language and Braj bhasha, Gujarati and Hindi as intergroup languages.

vi) Maharashtra : OBC, using Hindi as ingroup language and Marathi and Hindi as intergroup languages.

vii) Rajasthan : OBC, using Braj bhasha as the ingroup language and Hindi as the intergroup language.

viii) Uttar Pradesh : OBC, using Hindi as ingroup as well as intergroup language.

ix) Madhya Pradesh : OBC, using Hindi as ingroup as well as intergroup language.

B. ODDAR/ODDE/WODDER/WADAR/ : This community is spread over Andhra Pradesh, Pondicherry, Tamil Nadu, Karnataka, Maharashtra and is segmented in numerous sub-groups such as Mannu Oddar, Sooramari Oddar, Kal Oddar, Mati Wadar, etc., and speaks Telugu, Kannada, Tamil, Marathi, Hindi and an inter-state ingroup language derived from Telugu.

We believe that intensive studies of these communities will clearly indicate the parameters to be used in the action laid dow under item 7, page 7 of the Ministry's Action Plan.

3. Finally, we urge you to rephrase clause 'b' in item 7, page 7 of the Action Plan in the following manner :'for those who have flair for nomadic life',

may be replaced by,

'for those who still have not been settled to agricultural or other residential occupation and do not possess land or other landed property'.

Rephrasing the indentity of such communities in this manner will facilitate identifying their social disadvantage with clarity.

4. We assure you that in the plans made by the Ministry, we will extend our whole hearted co-operation in the task of improving the social condition of the DNTs and removing the stigma of criminality attached to such a large and vulnerable section of our society. We will be prepared to undertake any study or pilot-projects for execution as

suggested by the Ministry.

5. We hope that the Ministry will seriously consider creating a special cell for the social upliftment of the DNTs which can moniter the work done by NGOs on a regular and long-term basis. We suggest that two or three regional Workshops confined to specific DNT habitats may help in defining the role of the Special Cell.

Yours sincerely,

Mahasveta Devi G.N.DevyPresident Secretary

12 June 1998

Honourable Justice Venkatachaliah

Chairman, National Human Rights Commission

New Delhi 110 001

Honourable Justice Venkatachaliah,

I am writing on behalf of Smt. Mahasveta Devi, Shri Laxman Gaikwad and myself as office

bearers of the Denotified and Nomadic Tribals Rights Action Group, with the request to extend help in a

recent incident of police atrocity on a tribal.

Shri Pinya Hari Kale, aged 35, a Pardhi DNT of Tandulwadi village in Baramati Taluka of

District Pune (Maharashtra) was taken into custody by the police on 8th June 1998, was given third degree

treatment, as a result of which he died in custody. His body was kept in partially buried condition at the

time of identification by his wife (and their five children). After identification the body was buried.

There is no doubt that Pinya Hari Kale died due to torture in police custody. We apprehend that the

post mortem report prepared by the police may not reflect the real cause of his death.

We pray to you that the following reliefs be provided to the bereaved family in the interest of

human rights and values.

1. Immediate orders be issued to the police authorities to exhume the body and arrange for a second post

mortem report by independent and high level forensic experts. A copy of the report be given to us.

2. Compensation be paid to the bereaved family as per the norms suggested in its recent report submitted to

the Government of India for custodial deaths.

3. Protection be provided to the family and the Pardhi community till all death rituals are performed as per

their customs.

4. The officials responsible for the custodial death be given exemplary punnishment.

The cases of police atrocities against Denotified Tribals are on a steady increase.Your immediate

action in this particular incident will work as a deterrent.

We, therefore, pray that the National Human Rights Commission and the Chairman of the

Commission take up this case with the seriousness it deserves.

Yours faithfully,

G. N. Devy

17-8-1998

Honourable Shri Jyoti BasuChief MinisterWest Bengal

Honourable Shri Jyotibabu,

There are approximately six crores of Denotified and Nomadic Tribals in India spread over all states and belonging to nearly 190 communities. Because, these communities have been treated as criminal during the colonial times, even after their denotification their lot has not improve much. The Denotified and Nomadic Tribals Rights Action Group has been campaigning to defend the human rights of the DNTs. The campaign is spearheaded by Smt. Mahasveta Devi. 30th August is the day on which the denotification was announced in 1952. We have decided to hold a National Convention of the DNTs on the 30th August this year at Ahmedabad, where one of the settlements was established for the DNTs during the British time. The convention will be attended by the representatives of numerous denotified communities from all parts of the country. We expect that nearly three thousand representatives will attend the convention.

It is our sincere hope that you preside over the convention and address to the representatives of six crores of India's most unfortunate and neglected people. Today, in our country there is no other person in public affairs as widely respected and as deeply loved by people of India in all states and all classes as you are. You are universally known and respected for your integrity and moral stature. It is therefore that we approach you with our humble request to spare one day from your very busy schedule and give us the benefit of your advice. There is fortunately a direct flight (evening) between Calcutta and Ahmedabad; and I hope you will seriously consider sparing a day for this noble cause. Smt. Mahasveta Devi will personally contact you to seek your consent. However, let me add that you will have infinite gratitude from us as well as the six crores of India's DNTs for your kindness in accepting this invitation.

With heart-felt thanks,

Yours sincerely,

G.N.Devy

EXTREMELY URGENT & FOR IMMEDIATE ATTENTION

24 August 1998

Honourable Justice VenkatachaliahChairman, National Human Rights CommissionSardar Patel Bhavan, Sansad Marg, New Delhi 1.

Honourable Justice Venkatachaliah,

Mr. Rasik Thania Chhara, age 44, of Chhara Nagar, Ahmedabad, father of 3 children, was arrested under the provisions of PASA by the Sardar Nagar Police on 21 August 1998, and sent to Porbandar Jail for detention. The arrest was made without any ostensible provocation or justification, and without any existence of apprehension regarding law and order problem in the area.

Our organisation will be holding a National Convention of DNTs at Chhara Nagar on Sunday the 30th August 1998. Mr. Rasik Chhara had been helping us in providing local hospitality for the delegates to the Convention. He also allowed us to use his house as premises for holding a meeting to chalk out our plans for starting a Community Development Centre in that locality. We believe that this unwarranted arrest is not unrelated to Mr. Chhara's participation in social reform.

I pray to you to kindly take immediate steps so that the PASA detention order is revoked before the 28th of August 1998.

All representatives of DNTs from India will be extremely grateful to Your Honour and the NHRC for this valuable help.

Yours sincerely,

G.N.Devy

Hon. Just. D.K. BasuChairman, Legal Aid ServicesWest Bengal

Hon. Just. Basu,

Please pardon the delay in responding to your FAX and telephone message. The convention is scheduled at Ahmedabad on Sunday, the 30th of August at Chharanagar, (a former DNT settlement)

The programme will begin at 10 a.m. and continue till 1. p.m., i.e. the lunch hour. After the lunch break we will have sectional meetings with the representatives of the DNTs

We have made arrangements for your stay at the National Institute of Design guest house.Smt. Mahashweta Devi, Shri Pradip Kumar Ray, Prof. Romila Thapar and some others will also be staying there.We will have a group of legal professionals meeting you at the NID guest house at 6 p.m. on the 30th August, and of course I will at the airport to receive you and Mr. RoyThere is a very good response for the convention and I hope it will achieve the desired results.

With warm regards,

Yours sincerely,

G.N. Devy

Honourable Justice VenkatachalaiahChairman, National Human Rights CommissionSardar Patel BhavanSansad Marg New Delhi 110 001

Honourable Justice Venkatachalaiah,

It has been reported to me that Raju Narubhai Rathod, a Denotified tribal belonging to the Chhara community, died in police custody at the Kandivali police station, Bombay, on 2nd/3rd October 1998. He was forty years old and had a family of wife and three children.

Kindly direct the Maharashtra police to do the following :

1. To initiate criminal procedings against the officials responsible for Raju Rathod's death. 2. To order a second and independent post-mortem, a copy of the report of which may be handed over to Raju's widow. 3. To direct the Government of Maharashtra to pay adequate compensation to the family of the deceased.Considering the high incidence of custodial deaths of Denotified tribals in Maharashtra, it will be greatly appreciated if action is taken by the NHRC promptly.

Thanking you,

Yours sincerely,

G. N. Devy

10-10-1998

Shri Jaspal Sinh RathodPropritor Alpana TheatreHarinagar societyRace Course CircleVadodara

Dear Shri Rathod,

We are extremely grateful that you agreed to permit us the use of Alpana Theatre for a charity

show of Govind Nahlani's film 'Hazar Churasir - Ki Maa'. I grately appreciate your support to the cause of

the welfare of Denotified tribals. The show will be held on 25th October 1998. Kindly let me know the

charges for the us of premises.

With warm regards,

Yours sincerely,

(G. N. Devy)

10-10-98

Mr. Govind NihalaniBombay

Dear Mr. Nihlani,

I am grateful that you agreed to come to Baroda on the 25th October for a cherity show of Hazar Churasir-ki Maa. Thanks also for getting the consent from Smt. Jaya Bachchan.

I am trying to invite Dipa Bhatia and Amol Gupta too for the occasion.

Smt. Mahasveta Devi will arrive in Baroda on the 24th evening by Calcutta-Ahmedabad flight. If you and Jayaji decide to travel on the 24th evening, I will suggest to her that she travel via Bombay so that you can arrive here on the same flight. As soon as I know your convenience, I will send your tickets to you. Meanwhile, please let me know how to arrange for getting the print of the film here.

With warm regards,

Yours truly,

(Ganesh Devy)

FAX : 011-3383979

13-10-98

Executive HeadZee TV NetworkWerliMumbai

Sir,

In the programme 'India's Most Wanted' telecast on Sunday, 11-10-98 from 1.00 to 1.30 a.m., featuring information about Babu Kishan Kale, Shankar Kashiram Pawar and Suratiya Pawar, several statements were made in general about the Pardhi community to the effect that the members of Pardhi community are criminal.

The Denotified & Nomadic Tribes Rights Action Group is an organisation working for social reforms within the Denotified communities and for removing the stigma of criminality of which these communities are victims.

I wish to draw your attention to the fact that the programme telecast by ZEE TV Network has done immense harm to those members of the Pardhi community that lead a life of honesty and hard-work. We have been having a dialogue with the National Human Rights Commission regarding protection of the rights of such people, that is those who belong to Denotified Communities and are wrongly stagmatised just because they are born within a certain community. On the basis of that dialogue I may point out to you that it is quite possible for us to challenge your organisation in the court and bring a stay on further release of such programmes.

However, we also recognise and respect your right to spread information about various social issues to the viewers. As such, instead of taking recourse to the judiciary, I would like to suggest that a meeting between the producer of this programme and a representative of our organisation be arranged at the earliest.

This will give us a chance to point out the damages caused by the programme to thousands of innocent lives. It will also give the producer a chance to continue the programme by modifying its contents.

Please consider the above and let me have your views at the earliest.

With regards,

Yours sincerely,

G.N.Devy)

4-5-1998

Honourable Justice Venkata ChaliahChairmanNational Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi 110 001

Honourable Justice Chaliah,

We are extremely grateful for giving us time to present our views on the plight of the Denotified and Nomadic Tribal Communities of India and to share our sense of outrage about the treatment given to them by the police and other communities.

The approximate population of the communities designated as "Denotified and Nomadic Tribes of India's is over two crores, though exact census figures are not available due to change of the DNT status to SC/ST in various states. These communities were identified as 'Criminal' tribes (which included both castes as well as tribes) during the British rule. We have enclosed here a list of such communities available for the year 1952. However, there may be a number of gaps in the list provided. Though the notification was annulled during the early years of independence (1950-52), the police as well as the general public continue to treat most of these unfortunate communities as 'born criminals and habitual criminals'. For instance, the text of "Bombay Habitual Offenders Act, 1959", is enclosed as an example of the series of legal amendments leading to the Denotification. Our recent survey in several districts of Maharashtra, to which this act applies, showed that the communities are still being treated as "born criminals". We brought to the notice of the police authorities, the press and the Deputy Chief Minister of Maharashtra the cases of atrocities that we came across. In other states of India too, every day brings in instances of mob-lynching, arson and police atrocity caused to the innocent and helpless DNTs.

We have been collecting evidence and atrocity stories and writing/speaking about them in order to create public opinion on this issue. Smt. Mahasvetadevi has been working with the DNTs for over two decades in Bengal, Bihar and Orissa. Laxman Gaikwad, a Sahitya Akademi awardee and a DNT himself, has been working in Maharashtra for about fifteen years. There are others in other states involved in the work and helping us in this movement. However, we think that this issue needs to be taken up with the utmost sense of urgency at highest executive level, so that independence reaches the DNT's. We have come to you to make an appeal on behalf of the 2 crores of the DNT's to persuade the Government of India to take the following steps immediately :

1. To direct the Police Training Academies (for the IPS as well as state level PS) to remove misleading information about the DNTs from their syllabi.

2. To establish a special cell in the Ministry of Social Justice for undertaking preparation of a fresh and accurate list of Denotified communities, so that directions can be given to the Ceusus of India to take up the survey more comprehensively in the year 2001.

3. To introduce provision for examplary punishment to all those in the police and State Governments who are deliberately forcing many of the DNTs to lead the life of criminality.

4. To undertake special programmes of social upliftment and economic betterment of the DNTs through the tribals sub-plans and other schemes already in operation.

5. To launch a massive information campaign aimed at bringing about change in the general attitude towards the DNTs.

6. To introduce a new legislation in the Parliament to cover all aspects of the DNT issue in such a way that the stigma of criminality will be removed from the life of so many million innocent Indians.

We sincerely urge you to take these suggestions for implementation at the very earliest and, thereby, give a new direction to the shameful history of Denotified Communities which has turned millions into people branded as criminals from birth, though in reality they are no less in patriotism than other Indians. We hope you will earn the gratitude of nearly 2 crores of DNTs by taking up this matter with the seriousness that it deserves.

Yours sincerely,

Smt. Mahasvetadevi

Dr. G.N.Devy

Shri Laxman Gaikwad

Shri Anand

Smt. Ananya Chatterjee

Listing of Criminal Tribes prior to 1952

UTTAR PRADESH1. BADAKS and BADHIKS : notified S.C. in Badaun; Kheri; Mathura

and Shahjahanpur district of U.P. They are S.C.2. BANJARA; VANJARI, LAMANI, LAMBHDI, LAMBADI : C.T. in

four districts of U.P.3. Barwars : Worshippers of Hindu Gods and Mohmmedan Pirs : C.T.

Gonda; Hardoi; Sultanpur and Bareli Districts in U.P. (S.C. there).4. Bauriah : Baoriess; Baurias; Bawariyas; Bawaris; Marwaris; MOGHIA

: C.T. in Muzzaffar Nagar and Meerut district in U.P. (S.C. there).5. BEDYAS : C.T. in parts of U.P. also known as BERIAS.6. BHANTUS : C.T. in U.P. confined in settlements in U.P. (S.C. there).7. BHARS : C.T. in U.P. once Suryavanshis occupied and ruled over

Ayodhya. The Chero aborigines banished the Suryavanshis and ruled there. The Aryans drove the Bhars, Cheros and other tribes to the hills, then the tribals came down and re-conquered Ayodhya etc. That is what Elliott says. In U.P. they are Raj Bhars.

8. BORIYA (also ARAKH; Bahelia; Pasi, Raj Pasi) C.T. in Fatehpur and Kanpur districts of U.P.

9. CHAMARS : C.T. in ETAWAH; GHAZIPUR; JAHWPUR, in the rest of U.P. (S.C. there).

10. DALERA/DALARIA : C.T. in BARELLI; Meerut and Moradabad districts of U.P. (Famine Driven).

11. DOMS (MAGHAIYAS; ORIYAS; AUDINIYAS; BANSFORES) : S.C. but C.T. in U.P. MAGHALYS DOMS. ORIYA DOMS are notified S.C. in U.P.

12. DUSADHS (CHAKAIS; PALWARS; MAGHIYAS) : PALWAR DUSADHS C.T. in Balliya district of U.P.

13. GANDHILLAS : C.T. in Muzzaffar Nagar of U.P.14. Gidhais : C.T. in Moradabad District of U.P.15. GHOSIS : Muslim herdsmen C.T. in Aligarhi; Etah and Mainpuri

districts of U.P.16. GUJARS : C.T. in U.P. (Tradition cattle grazers)17. HABURAS : C.T. in U.P. where they are S.C.18. KANJARS : C.T. in U.P.19. KARWAL NATS : C.T. in U.P.20. KEWATS : C.T. in Basti district of U.P.21. KHATIKS : C.T. in Basti & Gonda Districts of U.P.

There are Hindu Khatiks and Muslim Khatiks in U.P. , S.C.22. LODHAS or LODAHS : C.T. in Mainpuri and Fatehpur districts of

U.P.23. MALLAHS : C.T. in U.P.24. MEWATIS : C.T. in U.P.25. MUSAHARS : C.T. in Benaras division districts of U.P. (Dravidian

Jungle Tribes).26. NUTS or NATS : C.T. in parts of U.P.27. OUDHIAS : C.T. in Kanpur and Fatehpur Districts of the U.P.28. PASIS : C.T. in U.P.29. SANSIAS : C.T. in U.P. and Delhi30. TAGA BHATS : C.T. in Saharanpur District of the U.P.31. BHALIAS/AHERIAS : S.C. in U.P.

HYDERABAD1. DOMNARS or DOMARS (Reddys and Arais) : in post denotification

period C.T. in Hyderabad State.2. DONGA YERUKANS/KORACHAS/KORAVAS : C.T. in Hyderabad 3. KAIKADIS : C.T. in Hyderabad.4. KOMAKAPUS : C.T. in Hyderabad State.5. ODDARS or WODDARS : C.T. in Hyderabad State.6. TALEGA PAMULAS or PEDDATY-GOLLAS or THELLA

PAMAWADS ; C.T. in Hyderabad under the name "THELLA PAMAWADS - YERA GOLLAS, PEDDITI GOLLAS, PARIKINOKKAAS & GURU DASARIS.

7. YENADIS (Madras) or YENADIWADS (Hyderabad) : YENADIS C.T. in Madras, YENADIWAD C.T. in Hyderabad.

MADRAS PRESIDENCY1. ADI-DRAVIDAS IN Chingelput District2. Ambalgars/Moottankampadti and Suriyanur; Trichinapalli District.3. Lambadi in Madras4. Bhattu Turkas, C.T. in Chittoor District of Madras State5. BOWAS (PEDDAS and DONGAS) : in Kurnool; Belrarvi;

Ananthapur;Cuddapah and Chittoor in the Madras State also known BEDARS/BERAD on or after 1/1/1920 in Bombay State. (Originally a martial people, task force of Hyder Ali or Tipu's army). According to Enthoven in Belgaum an independent Bedar state under the Peshwas. Rebelled against the British, defeated in 1820. In Bombay State Bedar uprising in 1829 and 1825.

5.1 PAIGIAS : C.T. in Madras6. Buda Bukkalas; also Ghakalas and Pamulas : C.T. in Guntoor District

of Madras State.7. Dasaris (Dongas & Gudas) : C.T. in Madras State, all over.8. Dommars or Domars (Reddis & Arais) : were a C.T. in Madras State

and Still in Post-denotification period C.T. in Hyderabad State.9. GHASIS : C.T. in Visakhapattanam District in Madras State.10. IRULARS : C.T. in North and South Arcot; Trichinopoly and Madras

City of Madras State; Forest Tribe.11. Jogis/Jogulas; C.T.12. KALADIS, also "PARAYARS" C.T. in Ramanad District. Classed as

S.C.13. KALLARS (PERAMALAIS; KOOTERPALS and PERIYA

SURIYURS) : C.T. in Madura North and South; Tanjore and Trichanapoly Districts.

14. Kanjars : also Madras State15. KEPUMARIS : Mainly in Kurnool; Salem; Coimbatore and South

Arcot Districts.16. Kintali Kalingas : were C.T. in 6 villages in Pondur P.S. Limits of

Vizagapattanam District.17. Konda Doras : South Vizagapattanam District (Hill Cultivators)18. KORACHAS almost all over Madras State under different local names

: Koracha; Korava; Erukula; Koravar S.C. in Mysore State.19. KARUMBARAVAS : C.T. in Ramvad Dist. of Madras.20. Modigas : C.T. in the Kurnool District.21. Malas : C.T. in Madras S.C. there.22. Maravars ( Sambanads and Appanad-Kondayan-Kottai Maravars) :

C.T. in Tinnevelly and Ramnad Districts of Madras.23. Mutharachas : C.T. in Madras State. Same as Muthurians.24. NAKKALAS : C.T. in East Godavari District.25. NOKKARS/NOKKANS : C.T. in Chingleput District.26. ODDARS/WODDARS : C.T. in Madras.27. PICHARIS : C.T. in Bellary District of Madras. Same as PARDHIS,

a hunter tribe.28. Pichiguntalas : C.T. in Cuddapah District.29. Poligars : C.T. in Chittoor District - A martial tribe. In a battle with

the British 1799-1801 they killed 15 British Officers.

30. PARIYAS/RENGANOOR Parayias of Chittoor District, and REPPUR PARAYIAS of South Arcot District in Madras are C.T. also S.C. in Madras.

31. REDDIKAS : Only a small section notified in East Godavari District.

32. RELLIS : C.T. in Vizagapatanam District.33. TALYARIS (DVAGUDIS) : C.T. in Cuddapah District.34. TALEGA PAMULAS, or PEDDATI GOLLAS or THELLA

PAMAWADS : Talega Pamulas or Peddati gollas C.T. in Madras. Also known as YERRA GOLLAS; PEDDETI GOLLAS, PARIKINOKKALLAS and GURU DASARIES.

35. TELLUNGAPPALATTI CHATTIS : C.T. in Madras.36. THOTTIA-NAICKS : also known as Kambalathans or Jathi Pillays,

or Tottiyans, C.T. in Madras State.37. URALIGAUNDANS : C.T. in Tanjore District of Madras.38. VALAYARS : As early as 1868 they were mentioned as " a low and

debased class", in the manual of Madura District. C.T. in Madura and Coimbatore Districts of Madras State.

39. Vallayankuppam Padaychis : C.T. in South Arcot district of Madras State.

40. Vattaikarans : C.T. in Tanjor District.41. Vettuya Goundans : C.T. in Trichinapoly District.42. YATAS : DONGA YATAS : C.T. in Vizagapattanam District.43. YENADIS (Madras), or Yenadiwads (Hyderabad) : Yenadis C.T. in

Madras and Yenadiwads C.T. in Hyderabad.

BOMBAY STATE1. LAMANIS of Bijapur, Belgaum and Dharwad districts (also known

as Sugalis) notified as C.T. in Bombay State.2. BHAMTAS (IAKARIS) : C.T. in Bombay province. Also known as

GHANTICHOR and UCHALYA. In Bombay state known as KHIS-KATTRUS; VADARI, KALWADOAR; TUDUG WAWDAR; KAWATIS.

3. VHAMPTA (Rajput) : Rajput Bhamta or Pardesi Bhamtas are a distinct class than TAKARI BHAMTAS. C.T. in Bombay province.

4. BHILS : Were convicted of non-bailable offences, or were required to give security under Section 110 Cr. P.C. on or 1.1.1920, were notified as C.T. in East and West Khandesh, Nasik, Ahmednagar, Puna and Solapur district in Bombay State.

5. BOYAS ( PEDDAS and DONGAS) also known as BEDARS or BERADS on or after 1.1.1920 C.T. in Bombay State (originally martial people, soldiers of Hyder Ali & Tipu's Army). In Belgaum independent State under the Peshwas. Under the British they rebelled and were defeated in Bombay State uprising in 1829 and 1895.

6. KALKADIS : C.T. in Bombay State, also Hyderabad.7. KANJARS : C.T. also in Bombay8. MAN-GARUDIS : C.T. in Bombay State. (S.C. there).9. NIRSHIKARIS, also Hiran Shikari, or Pardhi in Bombay State.10. TADVIS : C.T. in Bombay on or after 1.1.1920

PUNJAB, PATIYALA, EAST PUNJAB'S STATES UNION 1. AHERIAS, or Behelias, or Aheris, or Heris, Patiyala, East Punjab's

States Union, and the Punjab S.C. but notified as Tribes.2. BARRAS : Notified in Punjab; Patiyala and East Punjab's States

Union S.C.3. BAURIAH; BAORIESS; BAURIAS; BAWARIYAS; BAWARIS;

MARWARIS, MOGHIA : C.T. in Punjab, Delhi as S.C.4. BEDYAS : C.T. in Punjab5. BENGALIS/BHANGALIS : C.T. in Punjab6. BHEDKUTS : C.T. in the Punjab 7. BHURA BRAHMANS : C.T. in Kangra District, Punjab8. CHHURAS or CHURAS : C.T. in village Savhra in Amritsar dist.

and Fatehgarh and Shavhraon in Firozpur District in the Punjab.9. DHEAS or DHES : C.T. also S.C. in Punjab, Patiyala also East Punjab

States Union.10. DHENWARS : C.T. in the Gurgaon district of Punjab.11. GANDHILLAS : C.T. in Patiyala district, East Punjab states Union

and the Punjab. In Punjab they are S.C.12. JATS (GUTKAS or DILLONS) : Gurkas and Dillon Jats are C.T. in

some parts of the Punjab State.13. Kanjars : C.T. in the Punjab; Patiyala and East Punjab states union

in Punjab S.C.other states S.T.14. MAHATAMS : C.T. in Firozpur district of Punjab.15. MEWATIS : C.T. in the Punjab.16. MINAS : C.T. in the Punjab, Patiyala and East Punjab States Union.17. NUTS or NATS : C.T. in parts of Punjab.18. RACHBANDS : C.T. in the Punjab.19. SANSIAS : C.T. in the Punjab, Patiyala, East Punjab states union.20. SINGHIKATS : C.T. in the Punjab.21. TAGUS : C.T. in KARNAL Dist. of Punjab.

RAJASTHAN, MADHYA PRADESH & BHOPAL STATE1. BAIRAGIS : C.T. in Bhopal State.2. BANJARA; VANJARI; LAHANI; LAMVHADI; LAMBADI; part

Rajasthan and Madhya Bharat, notified in Madhya Bharat, S.C..3. BANCHHADAS : C.T. in Dhar, Sitaman, Dewas, Indore in Madhya

Bharat.4. BAURIAH; BAORIESS; BAURIAS; VAWRIYAS; BAWARIA;

MARWARIS;MOGIA : part of Rajasthan and Madhya Bharat; in Ajmer S.C.

5. BEDYAS : C.T. in Vindhya Pradesh (M.P.) also referred to as BERIAS.6. BHANMATES : C.T. in Dewas, Madhya Bharat.7. BHATS : C.T. in Jodhpur division of Rajasthan, wandering poets and

singers.8. BHILS : C.T. in Jallore and Pali districts in Rajasthan (Pressure of

Famine)9. BIJORIA : C.T. in Bhopal10. CHANDRAVEDIS; SONARIAS; SANALIRIAS : C.T. in Vindhya

Pradesh (Chandravedisi Sonurias and Sanurias C.T. in Bhopal State.11. Kanjars : C.T. in Madhya Bharat; Rajasthan, Ajmer and Bhopal states.

They are S.C. in these places.12. MINAS : MINA CHOWKIDARS have also been notified in some

parts of Rajasthan (Better placed as they were former rulers of land later held by Jaipur Kings)

13. MULTANIS : C.T. in Udaipur and Bhilwara of Rajasthan.14. NAIKS : C.T. in Jodhpur district of Rajasthan.15. NIRSHIKARIS : C.T. as Pardhi in Madhya Bharat.16. NUTS or NATS : C.T. in Rajasthan and Vindhya Pradesh.17. PASIS : C.T. in Vindhya Pradesh18. SANSIAS : C.T. in Ajmer, Delhi, Bhopal, Madhya Bharat, Rajasthan.

MYSORE, WEST BENGAL, BIHAR, ORISSA, J & K, SAURASHTRA, KUTCH1. BAURIAH; BAORIESS; MARWARI; BAURIAHS : C.T. in Bihar.2. BEDYAS : C.T. in West Bengal, also referred to as Berias3. BHARS : C.T. in West Bengal, Bihar4. DANDASIS : C.T. in Ganjan district of Orissa. S.C. in rest of Orissa.5. DHARIS : C.T. in Patna; Munger and Bhagalpur districts of Bihar.6. DHEKARUS : C.T. in West Bengal, and Santhal parganas of Bihar.7. DOMS : MAGHALYA, DONS: C.T. in Bihar, only the convicted

ones are C.T.in West Bengal.8. BANSFORE DOMS : C.T. in Bihar9. ORIYA DOMS and ALIDINIYAS are C.T. in Orissa, Bihar and West

Bengal.

10. DUSADHS : CHAKAI AND MADHIYA DAUSADS C.T. in Bihar.11. GANTICHOR or GANTUKOLLARS : C.T. in Mysore State.12. GHASIS : C.T. in Orissa also S.C.13. GONDAS : C.T. in Orissa, convicted ones are C.T. in West Bengal.14. HANDIJOGIS : C.T. in Banglore and Kokir districts of Mysore state,

also S.C.15. HINGORA : C.T. in Kutch.16. JAINTRA PANS : C.T. in Orissa. (Under Tajpur Police Station alone).17. KARWAL NATS : C.T. in West Bengal & Bihar.18. KORACHAS & KORAVAS : C.T. in Mysore States under names.

Also ERUKULA and KORAVAR. S.C. in Mysore State.19. LODHAS or LODAHS : C.T. in Singhum District in Bihar the

convicted ones are C.T. in West Bengal. In West Bengal, they are S.C.

20. MIANS : C.T. in Certain parts Halar district in Saurashtra.21. MUNDA POTTAS : C.T. in Gunjam District of Orissa.22. MUSAHARS : C.T. in Bihar, also S.C. there (Dravidian Jungle Tribe)23. ODDARS or WODDARS : C.T. Mysore also S.C. there.24. PAIDIS : C.T. in Koraput district of Orissa.25. PARNAS or PERNAS : C.T. in J & K.26. SANSIYAS : C.T. in J & K. 27. TALEGA PAMULAS or PEDDATI GOLLAS or THELLA

PAMAWADS : C.T. in Orissa.

Listing of Criminal Tribes prior to 1952

UTTAR PRADESH1. BADAKS and BADHIKS : notified S.C. in Badaun; Kheri; Mathura

and Shahjahanpur district of U.P. They are S.C.2. BANJARA; VANJARI, LAMANI, LAMBHDI, LAMBADI : C.T. in

four districts of U.P.3. Barwars : Worshippers of Hindu Gods and Mohmmedan Pirs : C.T.

Gonda; Hardoi; Sultanpur and Bareli Districts in U.P. (S.C. there).4. Bauriah : Baoriess; Baurias; Bawariyas; Bawaris; Marwaris; MOGHIA

: C.T. in Muzzaffar Nagar and Meerut district in U.P. (S.C. there).5. BEDYAS : C.T. in parts of U.P. also known as BERIAS.6. BHANTUS : C.T. in U.P. confined in settlements in U.P. (S.C. there).7. BHARS : C.T. in U.P. once Suryavanshis occupied and ruled over

Ayodhya. The Chero aborigines banished the Suryavanshis and ruled there. The Aryans drove the Bhars, Cheros and other tribes to the hills, then the tribals came down and re-conquered Ayodhya etc. That is what Elliott says. In U.P. they are Raj Bhars.

8. BORIYA (also ARAKH; Bahelia; Pasi, Raj Pasi) C.T. in Fatehpur and Kanpur districts of U.P.

9. CHAMARS : C.T. in ETAWAH; GHAZIPUR; JAHWPUR, in the rest of U.P. (S.C. there).

10. DALERA/DALARIA : C.T. in BARELLI; Meerut and Moradabad districts of U.P. (Famine Driven).

11. DOMS (MAGHAIYAS; ORIYAS; AUDINIYAS; BANSFORES) : S.C. but C.T. in U.P. MAGHALYS DOMS. ORIYA DOMS are notified S.C. in U.P.

12. DUSADHS (CHAKAIS; PALWARS; MAGHIYAS) : PALWAR DUSADHS C.T. in Balliya district of U.P.

13. GANDHILLAS : C.T. in Muzzaffar Nagar of U.P.14. Gidhais : C.T. in Moradabad District of U.P.15. GHOSIS : Muslim herdsmen C.T. in Aligarhi; Etah and Mainpuri

districts of U.P.16. GUJARS : C.T. in U.P. (Tradition cattle grazers)17. HABURAS : C.T. in U.P. where they are S.C.18. KANJARS : C.T. in U.P.19. KARWAL NATS : C.T. in U.P.20. KEWATS : C.T. in Basti district of U.P.21. KHATIKS : C.T. in Basti & Gonda Districts of U.P.

There are Hindu Khatiks and Muslim Khatiks in U.P. , S.C.22. LODHAS or LODAHS : C.T. in Mainpuri and Fatehpur districts of

U.P.23. MALLAHS : C.T. in U.P.24. MEWATIS : C.T. in U.P.25. MUSAHARS : C.T. in Benaras division districts of U.P. (Dravidian

Jungle Tribes).26. NUTS or NATS : C.T. in parts of U.P.27. OUDHIAS : C.T. in Kanpur and Fatehpur Districts of the U.P.28. PASIS : C.T. in U.P.29. SANSIAS : C.T. in U.P. and Delhi30. TAGA BHATS : C.T. in Saharanpur District of the U.P.31. BHALIAS/AHERIAS : S.C. in U.P.

HYDERABAD1. DOMNARS or DOMARS (Reddys and Arais) : in post denotification

period C.T. in Hyderabad State.2. DONGA YERUKANS/KORACHAS/KORAVAS : C.T. in Hyderabad 3. KAIKADIS : C.T. in Hyderabad.4. KOMAKAPUS : C.T. in Hyderabad State.5. ODDARS or WODDARS : C.T. in Hyderabad State.6. TALEGA PAMULAS or PEDDATY-GOLLAS or THELLA

PAMAWADS ; C.T. in Hyderabad under the name "THELLA PAMAWADS - YERA GOLLAS, PEDDITI GOLLAS, PARIKINOKKAAS & GURU DASARIS.

7. YENADIS (Madras) or YENADIWADS (Hyderabad) : YENADIS C.T. in Madras, YENADIWAD C.T. in Hyderabad.

MADRAS PRESIDENCY1. ADI-DRAVIDAS IN Chingelput District2. Ambalgars/Moottankampadti and Suriyanur; Trichinapalli District.3. Lambadi in Madras4. Bhattu Turkas, C.T. in Chittoor District of Madras State5. BOWAS (PEDDAS and DONGAS) : in Kurnool; Belrarvi;

Ananthapur;Cuddapah and Chittoor in the Madras State also known BEDARS/BERAD on or after 1/1/1920 in Bombay State. (Originally a martial people, task force of Hyder Ali or Tipu's army). According to Enthoven in Belgaum an independent Bedar state under the Peshwas. Rebelled against the British, defeated in 1820. In Bombay State Bedar uprising in 1829 and 1825.

5.1 PAIGIAS : C.T. in Madras6. Buda Bukkalas; also Ghakalas and Pamulas : C.T. in Guntoor District

of Madras State.7. Dasaris (Dongas & Gudas) : C.T. in Madras State, all over.8. Dommars or Domars (Reddis & Arais) : were a C.T. in Madras State

and Still in Post-denotification period C.T. in Hyderabad State.9. GHASIS : C.T. in Visakhapattanam District in Madras State.10. IRULARS : C.T. in North and South Arcot; Trichinopoly and Madras

City of Madras State; Forest Tribe.11. Jogis/Jogulas; C.T.12. KALADIS, also "PARAYARS" C.T. in Ramanad District. Classed as

S.C.13. KALLARS (PERAMALAIS; KOOTERPALS and PERIYA

SURIYURS) : C.T. in Madura North and South; Tanjore and Trichanapoly Districts.

14. Kanjars : also Madras State15. KEPUMARIS : Mainly in Kurnool; Salem; Coimbatore and South

Arcot Districts.16. Kintali Kalingas : were C.T. in 6 villages in Pondur P.S. Limits of

Vizagapattanam District.17. Konda Doras : South Vizagapattanam District (Hill Cultivators)18. KORACHAS almost all over Madras State under different local names

: Koracha; Korava; Erukula; Koravar S.C. in Mysore State.19. KARUMBARAVAS : C.T. in Ramvad Dist. of Madras.20. Modigas : C.T. in the Kurnool District.21. Malas : C.T. in Madras S.C. there.22. Maravars ( Sambanads and Appanad-Kondayan-Kottai Maravars) :

C.T. in Tinnevelly and Ramnad Districts of Madras.23. Mutharachas : C.T. in Madras State. Same as Muthurians.24. NAKKALAS : C.T. in East Godavari District.25. NOKKARS/NOKKANS : C.T. in Chingleput District.26. ODDARS/WODDARS : C.T. in Madras.27. PICHARIS : C.T. in Bellary District of Madras. Same as PARDHIS,

a hunter tribe.28. Pichiguntalas : C.T. in Cuddapah District.29. Poligars : C.T. in Chittoor District - A martial tribe. In a battle with

the British 1799-1801 they killed 15 British Officers.

30. PARIYAS/RENGANOOR Parayias of Chittoor District, and REPPUR PARAYIAS of South Arcot District in Madras are C.T. also S.C. in Madras.

31. REDDIKAS : Only a small section notified in East Godavari District.

32. RELLIS : C.T. in Vizagapatanam District.33. TALYARIS (DVAGUDIS) : C.T. in Cuddapah District.34. TALEGA PAMULAS, or PEDDATI GOLLAS or THELLA

PAMAWADS : Talega Pamulas or Peddati gollas C.T. in Madras. Also known as YERRA GOLLAS; PEDDETI GOLLAS, PARIKINOKKALLAS and GURU DASARIES.

35. TELLUNGAPPALATTI CHATTIS : C.T. in Madras.36. THOTTIA-NAICKS : also known as Kambalathans or Jathi Pillays,

or Tottiyans, C.T. in Madras State.37. URALIGAUNDANS : C.T. in Tanjore District of Madras.38. VALAYARS : As early as 1868 they were mentioned as " a low and

debased class", in the manual of Madura District. C.T. in Madura and Coimbatore Districts of Madras State.

39. Vallayankuppam Padaychis : C.T. in South Arcot district of Madras State.

40. Vattaikarans : C.T. in Tanjor District.41. Vettuya Goundans : C.T. in Trichinapoly District.42. YATAS : DONGA YATAS : C.T. in Vizagapattanam District.43. YENADIS (Madras), or Yenadiwads (Hyderabad) : Yenadis C.T. in

Madras and Yenadiwads C.T. in Hyderabad.

BOMBAY STATE1. LAMANIS of Bijapur, Belgaum and Dharwad districts (also known

as Sugalis) notified as C.T. in Bombay State.2. BHAMTAS (IAKARIS) : C.T. in Bombay province. Also known as

GHANTICHOR and UCHALYA. In Bombay state known as KHIS-KATTRUS; VADARI, KALWADOAR; TUDUG WAWDAR; KAWATIS.

3. VHAMPTA (Rajput) : Rajput Bhamta or Pardesi Bhamtas are a distinct class than TAKARI BHAMTAS. C.T. in Bombay province.

4. BHILS : Were convicted of non-bailable offences, or were required to give security under Section 110 Cr. P.C. on or 1.1.1920, were notified as C.T. in East and West Khandesh, Nasik, Ahmednagar, Puna and Solapur district in Bombay State.

5. BOYAS ( PEDDAS and DONGAS) also known as BEDARS or BERADS on or after 1.1.1920 C.T. in Bombay State (originally martial people, soldiers of Hyder Ali & Tipu's Army). In Belgaum independent State under the Peshwas. Under the British they rebelled and were defeated in Bombay State uprising in 1829 and 1895.

6. KALKADIS : C.T. in Bombay State, also Hyderabad.7. KANJARS : C.T. also in Bombay8. MAN-GARUDIS : C.T. in Bombay State. (S.C. there).9. NIRSHIKARIS, also Hiran Shikari, or Pardhi in Bombay State.10. TADVIS : C.T. in Bombay on or after 1.1.1920

PUNJAB, PATIYALA, EAST PUNJAB'S STATES UNION 1. AHERIAS, or Behelias, or Aheris, or Heris, Patiyala, East Punjab's

States Union, and the Punjab S.C. but notified as Tribes.2. BARRAS : Notified in Punjab; Patiyala and East Punjab's States

Union S.C.3. BAURIAH; BAORIESS; BAURIAS; BAWARIYAS; BAWARIS;

MARWARIS, MOGHIA : C.T. in Punjab, Delhi as S.C.4. BEDYAS : C.T. in Punjab5. BENGALIS/BHANGALIS : C.T. in Punjab6. BHEDKUTS : C.T. in the Punjab 7. BHURA BRAHMANS : C.T. in Kangra District, Punjab8. CHHURAS or CHURAS : C.T. in village Savhra in Amritsar dist.

and Fatehgarh and Shavhraon in Firozpur District in the Punjab.9. DHEAS or DHES : C.T. also S.C. in Punjab, Patiyala also East Punjab

States Union.10. DHENWARS : C.T. in the Gurgaon district of Punjab.11. GANDHILLAS : C.T. in Patiyala district, East Punjab states Union

and the Punjab. In Punjab they are S.C.12. JATS (GUTKAS or DILLONS) : Gurkas and Dillon Jats are C.T. in

some parts of the Punjab State.13. Kanjars : C.T. in the Punjab; Patiyala and East Punjab states union

in Punjab S.C.other states S.T.14. MAHATAMS : C.T. in Firozpur district of Punjab.15. MEWATIS : C.T. in the Punjab.16. MINAS : C.T. in the Punjab, Patiyala and East Punjab States Union.17. NUTS or NATS : C.T. in parts of Punjab.18. RACHBANDS : C.T. in the Punjab.19. SANSIAS : C.T. in the Punjab, Patiyala, East Punjab states union.20. SINGHIKATS : C.T. in the Punjab.21. TAGUS : C.T. in KARNAL Dist. of Punjab.

RAJASTHAN, MADHYA PRADESH & BHOPAL STATE1. BAIRAGIS : C.T. in Bhopal State.2. BANJARA; VANJARI; LAHANI; LAMVHADI; LAMBADI; part

Rajasthan and Madhya Bharat, notified in Madhya Bharat, S.C..3. BANCHHADAS : C.T. in Dhar, Sitaman, Dewas, Indore in Madhya

Bharat.4. BAURIAH; BAORIESS; BAURIAS; VAWRIYAS; BAWARIA;

MARWARIS;MOGIA : part of Rajasthan and Madhya Bharat; in Ajmer S.C.

5. BEDYAS : C.T. in Vindhya Pradesh (M.P.) also referred to as BERIAS.6. BHANMATES : C.T. in Dewas, Madhya Bharat.7. BHATS : C.T. in Jodhpur division of Rajasthan, wandering poets and

singers.8. BHILS : C.T. in Jallore and Pali districts in Rajasthan (Pressure of

Famine)9. BIJORIA : C.T. in Bhopal10. CHANDRAVEDIS; SONARIAS; SANALIRIAS : C.T. in Vindhya

Pradesh (Chandravedisi Sonurias and Sanurias C.T. in Bhopal State.11. Kanjars : C.T. in Madhya Bharat; Rajasthan, Ajmer and Bhopal states.

They are S.C. in these places.12. MINAS : MINA CHOWKIDARS have also been notified in some

parts of Rajasthan (Better placed as they were former rulers of land later held by Jaipur Kings)

13. MULTANIS : C.T. in Udaipur and Bhilwara of Rajasthan.14. NAIKS : C.T. in Jodhpur district of Rajasthan.15. NIRSHIKARIS : C.T. as Pardhi in Madhya Bharat.16. NUTS or NATS : C.T. in Rajasthan and Vindhya Pradesh.17. PASIS : C.T. in Vindhya Pradesh18. SANSIAS : C.T. in Ajmer, Delhi, Bhopal, Madhya Bharat, Rajasthan.

MYSORE, WEST BENGAL, BIHAR, ORISSA, J & K, SAURASHTRA, KUTCH1. BAURIAH; BAORIESS; MARWARI; BAURIAHS : C.T. in Bihar.2. BEDYAS : C.T. in West Bengal, also referred to as Berias3. BHARS : C.T. in West Bengal, Bihar4. DANDASIS : C.T. in Ganjan district of Orissa. S.C. in rest of Orissa.5. DHARIS : C.T. in Patna; Munger and Bhagalpur districts of Bihar.6. DHEKARUS : C.T. in West Bengal, and Santhal parganas of Bihar.7. DOMS : MAGHALYA, DONS: C.T. in Bihar, only the convicted

ones are C.T.in West Bengal.8. BANSFORE DOMS : C.T. in Bihar9. ORIYA DOMS and ALIDINIYAS are C.T. in Orissa, Bihar and West

Bengal.

10. DUSADHS : CHAKAI AND MADHIYA DAUSADS C.T. in Bihar.11. GANTICHOR or GANTUKOLLARS : C.T. in Mysore State.12. GHASIS : C.T. in Orissa also S.C.13. GONDAS : C.T. in Orissa, convicted ones are C.T. in West Bengal.14. HANDIJOGIS : C.T. in Banglore and Kokir districts of Mysore state,

also S.C.15. HINGORA : C.T. in Kutch.16. JAINTRA PANS : C.T. in Orissa. (Under Tajpur Police Station alone).17. KARWAL NATS : C.T. in West Bengal & Bihar.18. KORACHAS & KORAVAS : C.T. in Mysore States under names.

Also ERUKULA and KORAVAR. S.C. in Mysore State.19. LODHAS or LODAHS : C.T. in Singhum District in Bihar the

convicted ones are C.T. in West Bengal. In West Bengal, they are S.C.

20. MIANS : C.T. in Certain parts Halar district in Saurashtra.21. MUNDA POTTAS : C.T. in Gunjam District of Orissa.22. MUSAHARS : C.T. in Bihar, also S.C. there (Dravidian Jungle Tribe)23. ODDARS or WODDARS : C.T. Mysore also S.C. there.24. PAIDIS : C.T. in Koraput district of Orissa.25. PARNAS or PERNAS : C.T. in J & K.26. SANSIYAS : C.T. in J & K. 27. TALEGA PAMULAS or PEDDATI GOLLAS or THELLA

PAMAWADS : C.T. in Orissa.

For Submission to the NHRC

The following is the text of the note on Advisory Group on the Human rights of the De-notified Communities and others similarly placed communities prepared by Dr. Rajeev Dhavan and submitted to the National Human Rights Commission.

Introduction :

1.1. From the end of the eighteenth century through to Independent India, successive British regimes in India followed a policy of constituting certain communities and groups as criminal through various statutory and other notifications. (Reg. XII of 1793 : Act XXX of 1836 : Notification of Criminal Tribes and Castes Act 1871, renewed in 1910 and 1920)

1.2. The statutory demarcation of their communities added to their isolation and further victimization, led to invidious treatment being meted out towards them, the destruction of their existing or potential resource base, increasing social and governmental persecution and the continuance of inhuman treatment towards them from one generation to the next, with no hope or respite.

1.3. The Criminal Tribes Act 1871-1911 was repealed in Madras in 1947 and Bombay in 1949 and more generally, in 1952 (following the All India Criminal Tribes Enquiry Committee of 1949). However, the plight of these 'so-called' tribes --- now statutorily renamed 'denotified communities' (DC) or vimukta jatis has worsened. According to one estimate drawn from the census, the Census of 1961 placed their number at 27,102,180 in 1961. Such estimates are inexact. Various government reports simply refer to these communities as "unspecified". A large number of peoples are thus, even excluded from the memory of enumeration.

1.4. Although British settlements for these communities proved to be persecutorial ghettos, some ameliorative measures were suggested for their plight - a sentiment echoed in the Report of the Backward Classes Commission (1955) but, never firmly put into effect.

None the less, the possible benefits of the repeal of the Criminal Tribes Act in 1952 was short lived, in that 'Habitual Offenders' legislation was passed by various States opening up precisely the same avenues for mal-identification and persecution as the Criminal Tribes Act of 1871.

1.5. Over the last few years, various concerned literatures and activities have pointed to the continuing plight of the DCs and asked for the creation of a National Commission to examine the issue.

( see DNT Rights Action Group newsletter : Budhan by Mahasveta Devi and others)

1.6. There is sufficient testimony that the DCs are amongst the most disadvantaged and discriminated against communities in the world and live in conditions of constant and continuous persecution. Possessed of no resources and little programmatic help, there is little possibility of social redemption for them or their children for generations to come.

The Proposal :

2.1. Following discussions with the National Human Rights Commission (NHRC), it is proposed that an Advisory Group by the NHRC be set up :

(a) To examine and report on the predicament of the denotified communities and others similarly placed on an ongoing basis ;

(b) and, in particular,

(I) To consider how the NHRC public authorities and the public generally can be apprised of the predicament of these communities.

(ii) To document information and data on the said communities;

(iii) To advise on how serial Demography and geographical location of these communities can be ascertained in the Census;

(iv) To report on atrocities and prosecutions and denial of human rights to these communities by officials and others; and suggest what can be done by way of immediate and long term

remedies in respect of such action's denials;

(v) To make any further reports or recommendations on any other matter referred to the by the NHRC or which the Advisory Group considers appropriate.

2.1 The Advisory Group may add to their number with the permission of the Chairperson of the MHRC, and, may - at its own discretion - appoint such further subgroups to assist it in its work.

2.3 The Advisory Group may have its meeting at the commission which shall provide such assistance and support as it may consider appropriate.

In response to the Petition submitted to the Nationa Human Rights Commission by the Denotified and Nomadic Tribes Rights Action Group and the Note prepared by Dr. Rajeev Dhavan, the NHRC issued the following order :

"The Petition above mentioned was placed before the commission on 18-5-1998 and as per directions therein, the Commission has constituted an Advisory Group set out below to examine the matter and advise the Commission as to the nature of the enquiries that the Commission could undertake as well as the recommendation that it could make to the Central/State

Governments on areas of human rights concerns in respect of the 'Denotified Tribes' and to furnish its advice and suggestions within two months :1. Shri B. D. Sharma, Chairman2. Smt. Mahasveta Devi, Member3. Dr. G. N. Devy, Member4. Shri Laxman Gaikwad, Member5. Smt. Ananya Chatterjee, Member

6. Dr. Rajeev Dhavan, Senior Advocate Supreme Court of India, as the Legal Advisory of the Advisory Group.

I am, therefore, to forward, herewith a copy of the Commission's directions dated 18-5-1998 and to request you to submit the report by 17-7-1998 for placing it before the Commission."

(Signed by Shri E. I. Malekar, Assistant Registrar--Law--National Human Rights Commission)

Report by the Advisory Group

The approximate population of the communities designated as Denotified and Nomadic Tribes of India's is over six

crores, though exact census figures are not available due to change of the DNT status of SC/ST in various states. These

communities were identified as 'Criminal' tribes (which included both castes as well as tribes) during the British rule. Though

the notification was annulled during the early years of independence (1950-52), the police as well as the general public

continue to treat most of these unfortunate communities as 'born criminals' and 'habitual criminals' (for instance, the text of

'Bombay Habitual Offenders Act, 1959'). In India every day brings in instances of mob-lynching, arson and police atrocities

caused to the innocent and helpless DNTs. We have been collecting evidence and atrocity stories and writing/speaking about

them in order to create public opinion on this issue. Mahasveta Devi has been working with the DNTs for over two decades in

Bengal, Bihar and Orissa. Laxman Gaikwad, a DNT himself, has been working in Maharashtra for about fifteen years. There

are others in other states involved in the work and helping us in this movement. However, we think that this issue needs to be

taken up with the utmost sense of urgency at the highest executive level, so that independence reaches the DNT's.

Itinerant and nomadic communities have always eluded the understanding of mainstream population. Though these

communities had been playing a useful role in the villages as traders of food grains, salt etc., suppliers of forest produce, and

entertainers, their touch-and-go existence had woven a cloud of suspicion and mystery around them. As the static pattern of

life changed to one supported by large scale communication networks like roads, railways etc. and industries, under the

colonial rule, most of the functions performed by the wandering communities became irrelevant. Having no land and other

resources to bank on, some sections of the communities were forced to oppose the British law.

After the Mutiny, the British administration, in a paranoid mood, was seeing crime everywhere. Their inability to

understand the life-style of the wandering communities compounded by the suspicion that some of them had aligned with the

Mutineers led them to take a very harsh view on these people. Following the philosophy of caste system, they interpreted that

crime too was a caste based feature in India. This culminated in the enactment of the first Criminal Tribes Act in 1871, which

was followed by harsher versions in 1911 and in 1924.

Under these Laws, the local administrations had wide powers to identify and notify whole communities as criminals and to

regulate and confine them in prison-like settlements. A larger number of communities were thus declared as criminal tribes

throughout the country. Once a community was declared criminal, every member of it, irrespective of the fact whether the

individual had committed any offence or not could be confined. Whereas an ordinary convict sent to jail had some limit to his

sentence, and some hope of final release, a member of a criminal tribe under the Criminal Tribes Act had none. Once he or she

was 'settled' it could be for life, rather for the posterity too. Such settled people were also used as captive labour by landlords

and industrial establishments in connivance with the police. After Independence, in 1952, the new Government repealed the

Criminal Tribes Act. All the erstwhile criminal tribes are henceforth known as Denotified communities or Vimukta jati.

The old settlements have grown into ghettos where outside light hardly penetrates. No educational or employment

opportunities worth mentioning are available to them. At the same time, there is ample scope to carry on crime and to get

deeper into it. Organised gangs and mafia, in collusion with police are eager to recruit them into their armies. As for the

communities which were not kept interned during the British regime, they still wander carrying out odd jobs which have

practically lost relevance in the present day world. Most of them are forced to wander into cities in search of livelihood which

is hard to find as they are not trusted by the public. Police make it more difficult by drawing a picture of dreaded criminals

about them. Avoided by public, harassed by police and ocassionally lynched by mobs, their existence is threatened from all

sides.

It is unthinkable that a section of people who are among the earliest occupants of this sub-continent and constituting about

6% of its population are forgotten, deprived of a dignified life and persecuted in the most inhuman manner even after half a

century of Independence. During the British period, though confined and used as captive labour, efforts were made to take

them away from crimes; but now, on the other hand, police and vested interests have kept them engaged in criminal activities

alone. The Governments both at the Centre and in the States have completely igonered their rights to live decently. Being

unorganised and not easily identifiable they seldom appear in the electoral rolls, and hence they do not attract the attention of

political parties. The NHRC is therefore the sole arbiter to help these communities to achieve justice and regain dignity among

the peoples of this country.

Though the repugnant Act has been repealed, the perception of the police towards the DNCs has not changed. Both in

training and practice, they continue to hold on to the old concept of branding the whole communities as born criminals. The

Action Group who have visited some of the surviving settlements have found that they still live a socially isolated life. Further,

the Habitual Offenders Acts which the States have passed almost immediately after the repeal of the Criminal Tribes Act, are

being used by police to harass the communities.

Recommendations :

1. A retired senior police officer of high reputation may be appointed in every state by the Commission to watch the cases

of atrocities against DNCs and to report them to the commission. Where there is a concentration or an old settlement

existing, a separate officer may be appointed at the district level.

2. Since the police training is still faulty in this respect, the National Police Academy and other institutions imparting

training to police officers may be advised to reorient their outlook.

3. NHRC may take the necessary steps leading to the repeal of the Habitual Offenders Act.

4. Survey has shown that some of the DNCs have since been included under Scheduled Castes, Scheduled Tribes and

Other Backward Classes, but several of them still continue in the general category. This means that while the DNCs are

the most discriminated among the discriminated, the facilities and reliefs available to the citizens of India are not

available to most of them, which must be made available by the Government.

5. For any kind of affirmative action, the people should be properly identifiable and ascertainable. Since the DNCs are not

reflected separately in census or other classifications, ameliorative action also becomes difficult. It is recommended that

the Central/State Governments may be directed to make a proper enumeration of the DNCs.To establish a special cell in

the Ministry of Social Justice for undertaking preparation of a fresh and accurate list of Denotified Communities, so that

directions can be given to the Census of India to take up the survey more comprehensively in the year 2001.

6. The DNCs have virtually no access to any kind of resources. They have no land or other vocational skills to bank on,

except a few who have been pursuing the work of stone cutters, blacksmiths etc. Whatever skill they had, they were

forced to give it up during the period of persecution. Ameliorative action could be on the following lines :

a. Allotment of land by Government on community basis.

b. Establishment of schools and vocational training institutes.

c. Mapping of priority areas. Settlements which are still in existence may be considered for taking up pilot programmes.

d. DNCs may be encouraged to form their own associations to manage the schemes.

e. Establishment of Co-operative Societies where the communities have their traditional skills or professions.

f. State governments may be asked to work out action plans for DNCs with specific provisions in the plans. The planning

commission may be advised in this regard. Special care needs to be taken to make sure that the schemes drawn for the

purpose do really reach the target beneficiaries. Since the notification of criminal tribes was done district/area-wise in

the past, a situation exists where a community is 'criminal' in one district and not so in others. There is, therefore, a

possibility of the schemes being hijacked by others for whom they are not meant.

7. A new and more specific Atrocities Legislation pertaining to the DNCs should be drafted and presented to the

Parliament for enactment with immediate effect.

8. To launch a massive information campaign aimed at bringing about change in the general attitude towards the DNCs.

B. D. Sharma P. Satchidanandan

Mahasveta Devi Ananya Chatterjee

G. N. Devy Rajeev Dhavan

Laxman Gaikwa

2-1-99

Honourable Justice D.K.BasuChairman, Legal Aid ServiceWest Bengal5, Kiran Shankar Roy RoadCalcutta 700 001

Honourable Justice Basu,

Please find enclosed 4 pages containing the exact order from Justice Shri M.N.Venkatachaliah, Chairperson, Nationa Human Rights Commission, in the case of custodial death of Pinya Hari Kale, a Denotified Tribal from Baramati, Maharashtra. It is after a long struggle by the DNT Rights Action Group that for the first time the NHRC has issued an order giving proper compensation in such a case. I grately appreciate your help and support in this struggle. The compensation given is only an interim relief, and it will be necessary to press for the final relief in the court. I have written accordingly to Advocate Mihir Desai of Bombay. I am also getting in touch with Chief Secretary, Maharashtra State. Please advise me if any further action is necessary.

With New Year Greetings,

Yours sincerely,

G.N.Devy

26 December 1998

The following resolution was passed unanimously at the Gujarat Denotified & Nomadic Tribes (DNTs) - Annual Convention held on 26 December 1998 in Baroda. A copy of this resolution is being forwarded to you to present it before the Gujarat Government, Central Government and the Social Welfare Ministries of various states :-

1. In order to determine the future of the Gujarat DNTs, for their progress and social security, it is essential to form an independent category for them. At present, they are scattered among the Scheduled Castes, Scheduled Tribes and Other Backward Castes, and should be brought under one single category - 'The Denotified & Nomadic Tribes'.

2. At present, the DNTs are suffering from economic backwardness, lack of educational opportunities and social injustice. For the all-round progress of the DNTs, it is essential to provide primary education, career-oriented education and guidance, subsidised loans for business, as well as land for building their houses.

3. Especially the DNTs are considered to be 'criminals' by the police and the rest of the society. This attitude needs to be changed through awakening people by an extensive use of various mass media.

4. It is necessary that the government starts at least five vocational educational institutions, arrange subsidies and grants and train the DNTs for 6 to12 months to eradicate unemployment among them and help the educated and uneducated DNT women and men.

5. In the areas where agricultural land is not available, the government should provide waste/kharaba or grazing land for 10 to 15 years for cultivation to DNTs.

6. The eminent writer Professor Kanji Patel, is unanimously elected as the Convenor of the Gujarat unit of the All-India DNT-Rights Action Group (DNT-RAG).

7. The Gujarat unit is hereby authorised by the All-India DNT-RAG to negotiate with the government in the interests of the DNTs.

16 January 1999

Chief SecretaryGovernment of MaharashtraSecretariateNariman PointBombay-400 021

Sub : Compensation to be paid to the widow of the victim of a custodial death.

Ref : National Human Rights Commission No. 314/13/98-99/ACD

Sir,

I have been elected by the National Human Rights Commission, Law Division, New Delhi by letter dated 24.12.1998, copy of which has been sent to you directly, to discuss with you the matter of compensation to be paid to the widow of Pinya Hari Kale, who died in police custody on 08.06.1998, at Baramati, District Pune, Maharashtra State.

In this regard kindly give me an appointment on 27th/28th January 1999 (days on which I plan to be in Bombay) so that I can meet you and finalise the arrangements to be made regarding the investment of the compensation amount of Rs. 1,75,000/- which will be paid by the State of Maharashtra.

Kindly confirm the appointment by a speed post letter or telephone at 0265-331130, 0265-351487.

Yours faithfully,

(Dr. G. N. Devy) Secretary

Denotified and Nomadic Tribes Action Group

Copy to : Deputy Registrar, Law Division, National Human Rights Commission

20.01.99

Shri Sunil AroraAsstt. RegistrarNational Human Rights CommissionLaw DivisionSardar Patel BhavanSansad MargNew Delhi - 110 001

Dear Shri Arora,

Kindly refer to your letter No. 213/6/98-99 dated 26.10.1998 regarding the arrest of Shri Rasik Chhara under the provision of PASA Act on 21.08.1998.

In this matter I wish to state that there is no offence recorded against Rasik Chhara immediately preceding his arrest and warranting the use of PASA, particularly since there was no social disturbance in Ahmedabad leading to the breakdown of peace or law and order.

I agree that for offences recorded in police records involving Rasik Chhara, it is necssary to take proper action under Law leading to prosecution.

Please note that he has not been convicted of offences ascribed to him by the police from time to time.

Rasik Chhara's case is a classic instant of how even a person with an L.L.B. degree but belonging to a Denotified Community can become a victim of history and get criminalised. Your intervention therefore in the matter will be of atmost importance. He has already spent five months in jail. If you think it fit, kindly order the State of Gujarat to release him.

Thanking you,

Yours faithfully,

(G.N. Devy)

20.01.99

Shri Sunil AroraAsstt. RegistrarNational Human Rights CommissionLaw DivisionSardar Patel BhavanSansad MargNew Delhi - 110 001

Dear Shri Arora,

Kindly refer to your fax letter 468/13/98-99 dated 06..01.99 regarding custodial death of Ramesh Shankar Kale and Prabhu Laxman Kale.

In this regard I wish to draw your attention to the report received from the Home Department, Government of Maharashtra cited by you. The report is silent on the death of Ramesh Kale. It mearly states that Prabhu Laxman Kale is still alive. We do not contest the fact that Prabhu Kale is alive. In fact, we are grateful to the Maharashtra Police that Prabhu Kale is still alive.

However, it is a fact that Ramesh Kale died in police custody. I enclose newspaper reports from three Marathi dailies, one of which shows the District Collector in a photograph and his statement to the effect that Ramesh Kale died in custody, is also included. Moreover, a three-year old girl child also died in the panic caused at the time of Ramesh Kale's arrest. The picture of her grave is also carried in the newspaper reports.

In my earlier complaint I had requested for appropriate punishment to the police officer responsible for Ramesh Kale's death. I wish to now add that the police authorities should also be held responsible for presenting to the NHRC a misleading statement. With the request for appropriate action,

Yours faithfully

(G. N. Devy)

Encl. : As above

22-1-99

ToThe DirectorBhanwarSony TelevisionMumbai

Sir,

I write to you on behalf of the Denotified & Nomadic Tribals Rights Action Group, Baroda.

The group is headed by the eminent Magssasay award winner Smt. Mahasveta Devi & Sahitya Akademi Award Winner Shri Laxman Gaikwad & G.N.Devy.

As your serial BHANWAR deals with real life court cases, we would surely have something to interest you. Our group works for the atrocities committed against innocent tribals by the police generally, and other people in power.

For your information I am enclosing herewith three issues of of the Newsletter Budhan which is named after Budhan Sabar, a Tribal killed in police custody.

It is a matter of grave concern that these atrocities are commited on a daily basis. It would be a great service to the neglected communities if the wrongs committed on them reach out to a large number of concerned people through the media.

You can write to us at our Baroda Office at 6, United Avenue, Near Dinesh Mill, Baroda 390 007.

Thanking you,

Yours sincerely,

(Manju Ramanan)

DNT/99/204/02/99

Shri Manoj Agarwal, I.P.SDistrict. Superintendent of Police (Rural)GodhraDist. Panchmahals

Respected Sir,

The Denotified & Nomadic Tribals Rights Action Group (DNT-RAG) has organised a

cultural 'mela' at Kaleshwari Naal on the Lunawada-Modasa Road on the 14th February, 1999

from 9.a.m. onwards. Members of the Nat, Turi, Madari, Bajania, Wodder etc. comunities will be

displaying their skills. Around 5,000 to 10,000 people are expected to gather for this event.

We extend a heart-felt invitation to you to be present for this festive occassion. It will

boost the morale of the people. Further details could be had from one of our organisers Professor

Kanji Patel, 12, Gayatri Society, Lunawada-389 230 (Tel. No. :- 02674-20788).

We look forward to your participation.

Yours Sincerely,

Dr. G. N. Devy

DNT/99/12

25-02-99SuperintendentBaroda Central PrisonBaroda

Sir,

I seek to request you in my capacity as the National Secretary of Denotified and Nomadic Tribes -

Rights Action Group, to consider granting leave on parole to Shri Arjun Rama Shitode for a period of

one week in the month of March for the following reasons :

1) The wife of Shri Arjun Rama Shitode has not been keeping well and suffers from intermittent

fever.

2) His daughter is of marriageable age as per the customs of the community and needs attention in

this regard.

3) The family has to move to another house as the present house at Mujmahuda is in a very bad

condition.

All these above matters require attention of Shri Arjun Rama Shitode who is the only adult male

member in the family. I have known the family for some years. I have been working with the Deore

Gosai community in Baroda. I am prepared to take personal responsibility for good conduct of Shri

Arjun Rama Shitode when he is on leave on parole. On humanitarian grounds this request may be

granted.

Yours faithfully,

G. N. Devy

DNT/99/18

11-03-99

Shri B. Laxmana

Branch Manager

State Bank of India

Baramati Branch - 413 102

1. NHRC 314/13/98-99 ACD dated 22.12.1998

2. Ministry of Home Affairs, Maharashtra Government, HRC/0798/100/Pol.-14,

dated 18-02-1999

3. Your telegram dated 22-02-1999

Sir,

With reference to the above communications, I wish to state as follows :

A) Shri Laxman Gaikwad, Vice-President of Denotified & Nomadic Tribes

Rights Action Group is fully authorised by us to represent the DNT-RAG in

the matter.

B) The deceased Pinya Hari Kale has left behind him the following 7 dependents :

1. Chandrasena Pinya Kale (wife)

2. Vaijnath Pinya Kale (son) - Age 20 years

3. Mithun Pinya Kale (son) - Age 18 years

4. Ramesh Pinya Kale (son) - Age 12 years

5. Sachin Pinya Kale (son) - Age 8 years

6. Kayamat Pinya Kale ( daughter) - Age 5 years

7. Soni Pinya Kale (daughter) - Age 3 years

C) Shri Avinash Gaikwad of Baramati will present the 7 persons named above in

your branch as per your requirements.

D) The amount of Rs. 1,75,000/- is to be invested in the following manner :

Bank : State Bank of India

Term of Deposit : 3 years

Amounts :

Account I

1. Chandrasena Pinya Kale

2. Kayamat Pinya Kale Total : Rs. 50,000/-

Account II

3. Vaijnath Pinya Kale

4. Mithun Pinya Kale

5. Ramesh Pinya Kale

6. Sachin Pinya Kale

7. Soni Pinya Kale

Rs. 1,25,000/-

Other Conditions :

1. The deposits cannot be withdrawn before the completion of the 3 year term.

2. The deposits can be withdrawn after obtaining a letter of consent from

Shri Laxman Gaikwad, Mumbai OR Shri Avinash Gaikwad, Pune.

3. The interest accruing on the deposits may be paid to the beneficiaries once every month.

4. No loans will be advanced against the deposits.

I would like to thank you for your co-operation in the matter.

Yours sincerely,

G. N. Devy

Copy to : Police Inspector, In-charge, Baramati Police Station, Baramati, Dist. Pune.

DNT/99/19

13-03-99

Social Defence Officer

Pune District

Maharashtra

Sir,

The Denotified & Nomadic Tribes Rights Action Group had taken up the case of

compensation for custodial death of Pinya Hari Kale of Baramati to be paid to his

dependents. We had made a representation to the National Human Rights

Commission in this matter and the NHRC directed the Chief Secretary, Maharashtra

Government to offer interim relief to the widow and six children of the deceased,

Pinya Hari Kale.

I am grateful to you that the Social Defence Department too has agreed to offer an amount of Rs. 2,00,000/- as compensation as per the provisions of the Maharashtra State Government. I am writing to you to request that the amount of compensation to be paid may be invested in the State Bank of India in the following manner :

Bank : State Bank of India

Term of Deposit : 3 years

Amounts :

Account I

1. Chandrasena Pinya Kale

2. Kayamat Pinya Kale Total : Rs. 50,000/-

Account II

3. Vaijnath Pinya Kale

4. Mithun Pinya Kale

5. Ramesh Pinya Kale

6. Sachin Pinya Kale

7. Soni Pinya Kale

Rs. 1,50,000/-

Other Conditions :

1. The deposits cannot be withdrawn before the completion of the 3 year term.

2. The deposits can be withdrawn at the end of the term after obtaining a

letter of consent from Shri Laxman Gaikwad, Mumbai OR Shri

Avinash Gaikwad, Pune.

3. The interest accruing on the deposits may be paid to the beneficiaries once every month.

4. No loans will be advanced against the deposits.

Shri Avinash Gaekwad of Baramati will present the 7 persons named above before

the Manager, State Bank of India and also work subsequently as Administrator for

the 2 Accounts.

I hope in the interest of the dependents of Pinya Hari Kale you will agree to make the

above arrangements.

Thanking you,

Yours sincerely,

G. N. Devy

Copy to : 1. Shri B. Laxmana, Manager, State Bank of India, Baramati

2. Shri Avinash Gaekwad, Baramati

DNT / 99 / 2016 March 1999

Shri C. P. SinghDirector General of PoliceGujarat StateAhmedabad

Dear Shri Singh,

I am grateful that you so kindly ageed to give me the time to meet you today to

discuss the issue of the Denotified and Nomadic Tribes of Gujarat. I send this fax to

confirm that I will arrive in your office by 03.00 p.m.. I have requested Smt. Mallika

Sarabhai and Shri Ratan Kodekar who are involved in our activity related to the

DNTs to accompany me. They have agreed to do so.

Till some years back I used to teach at The Maharaja Sayajirao University of Baroda

as a Professor of English, and was occupied in writing literary books (one of which

was given the Sahitya Akademi Award). However, since 1996 I have been working

voluntarily with the tribal, nomadic and denotified communities. The Denotified and

Nomadic Tribes Rights Action Group is active in various States of India under the

guidance of Smt. Mahasweta Devi. I work as the national secretary of the DNT-

RAG. We publish Budhan, copies of which I will bring with me for your perusal.

We have established community develpment centres, artists co-operatives and

non-formal schools for the DNTs at a number of places.

The total population of the DNTs in Gujarat is approximately 30,00,000. Most of

these are getting assimilated in the urban environ, but some of them are still kept in

crime. The purpose of my meeting you is to discuss the ways by which we can help

the unfortunate sections of the DNTs to move out to a life of respectability. I know a

large number of them who are willing to give up the life of crime altogether. I

ardently hope that you will extend all possible help in bringing about a change in

their life.

Once again thanking you,

Yours sincerely,

G. N. Devy

DNT/99/17

29-04-99

Smt. Maneka Gandhi

Minister for Social Justice & Empowerment

Shastri Bhavan

New Delhi - 110 001

Dear Smt. Gandhi,

You may recall that last year Smt. Mahasveta Devi and I met you in your

office to discuss problems pertaining to Denotified & Nomadic Tribes. You

were kind enough to convene a special meeting of officers in the Ministry to

consider the situation of Denotified & Nomadic Tribals. The meeting was

held on 25th May 1998. During this meeting we were advised to prepare

specific project proposals and to submit them by 29th May 1998.

Accordingly, we submitted 2 proposals, one for a project in West Bengal

and another for a project in Gujarat. Both proposals were duly endorsed by

the respective State Governments. However, we have not recieved any

response from your office regarding these proposals so far.

The approximate population of Denotified & Nomadic Communities in India

is 6 crores. Their social and economic condition is worse than that of other

tribals and urban poor. The Denotified & Nomadic Tribes Rights Action

Group has been running some non-formal schools, community

development centres, and co-operatives of craftsmen for the DNTs. From time

to time we have tried to approach various State Governments and the National

Human Rights Commission to get compensation for the victims of atrocity.

On an average 3 to 4 denotified tribals die in atrocity incidents in our country

everyday. The Denotification Act of 1952 has not helped in improving their

lot. On this background, it is sad the government has been so passive

regarding the DNTs.

Madam, we look upon you as a leader with moral courage and conviction. We

earnestly hope that you will pay very special attention to this most miserable

section of India's tribal community and provide them social justice. I will

therefore be grateful if you instruct the Ministry to take up the necessary

follow-up measures discussed and agreed upon during the meeting held on

25th May 1998. I will also be grateful if you could kindly inform us of the

measures taken during the last year in this direction. We are planning to hold

a National Convention of DNTs in July this year. The delegates attending

it will feel happy if they get any assurance from you regarding the social

welfare of India's 6 crores DNTs.

With regards.

Yours sincerely,

G N Devy

Copy to : Shri Laxman Gaekwad304 Padmavati NagarFilm City RoadGoregaon(E)Mumbai - 700 019

Smt Mahasveta Devi18A Ballygunje Station RoadCalcutta.

Shri Kanji Patel12 Gayatri SocietyLunawada 389 230Panchmahal

Shri D. K. Basu, ChairmanLegal Aid Service5 Kiran Shankar Roy RoadCalcutta.

Shri Ratan Kodekar11/116,117 Bhadreshwar Housing ColonySardarnagarAhmedabad 382 475

Shri P Satchidanandan80C Pocket A, Sukhdev ViharNew Delhi 110 025.

DNT/99/18

31-03-99

Honourable Justice VenkatachaliahChairmanNational Human Rights CommissionSardar Patel BhavanSansad Marg New Delhi 110 001

Honourable Justice Venkatachaliah,

During the last few months, we brought to the notice of the NHRC, several

atrocity cases involving denotified tribals in Maharashtra. You have helped us

tremendously by examining these complaints so quickly. Your judgement in

the case of Pinya Hari Kale's death came as a ray of hope to the Pardhi

community in Maharashtra.

I write today with sadness in my heart to say that not very far from Baramati,

some days back, a Vanjara boy of 22 years of age was maimed to death. The

name is Ravindra Prahlad Vanve, time 10.30 p.m., date 14 March 1999,

location Lakdi Road, Baramati, Police Station, Indapur. Ravindra belonged to

Vanjara community, a nomadic by tradition. The people who killed him

formed an anonymous group.

The police may, perhaps, take some action. They may not, perhaps. The

question is whether the DNTs of India can be given some relief by bringing

about a systemic change. Youy have given us a patient hearing over the last

year, offered us an opportunity to prepare a comprehensive report and have

accepted our recommendations. This is really a tremendous help. We need

some more help, Sir. Could you please give me and Shri Anand of

our Action Group time to come and see you to discuss further steps in this

matter? I will be deeply grateful if you agree to give him an appointment as

soon as possible. Shri Anand's Delhi telephone number is 6828959. Kindly

inform Shri Anand of the time and date, for which I will be thankful.

Yours faithfully,

G N Devy

DNT/99/19

08-04-99

Honourable Justice R. A. MehtaChaimanGujarat Judicial Akademi5 Law GardensAhmedabad 380 006

Honourable Justice Mehta,

Let me say once again that I am really grateful for your sparing time for our

discussion regarding the proposed seminar on Denotified & Nomadic Tribes.

Please find enclosed a copy of the outline of the proposed seminar sent to National

Human Rights Commission. My visit to Delhi has to be deferred by one week. As

soon as I return from Delhi on 17th April, I will inform you of the NHRC's view in

the matter.

With warm regards,

Yours sincerely,

G N Devy

DNT/99/22

08-04-99

Shri Gopinath MundeHonourable Deputy Chief Minister & Minister for HomeGovernment of MaharashtraSecretariateBombay - 400 001

Honourable Shri Gopinath Munde,

During the last year we have received a number of reports regarding attacks on

Denotified & Nomadic Tribals in Maharashtra. It is sad and surprising that even after

your Government has established an independent Ministry for the DNTs and a

National Human Rights Commission and as several times pointed to the high scale of

atrocities, the situation has not improved so far.

We have received a report from Shri Bhaskar Gautam Wanve about a brutal killing

of Ravindra Prahlad Wanve in Baramati Taluka on 14th March 1999. The deceased

belonged to Vanjara community. The family of the deceased feel that the police is

not doing enough to bring the culprits to book. I will appreciate if you take personal

interest in this case and do justice to the family of the victim. I will be grateful if you

inform us regarding the action taken in the matter.

Yours faithfully,

G N Devy

Copy to : Shri Bhaskar Gautam WanveSarpanchGrampanchayat LakadiTal. Indapur, Dist. PuneMaharashtra

Shri Avinash GaekwadDNT-RAG - MaharashtraOffice No. 4Bhagwan ChowkBaramati TalukaPune - 413 102

DNT/99/

13-04-99

Shri Anil MukimDistrict Magistrate & CollectorVadodara

The Denotified & Nomadic Tribes Rights Action Group publishes a bi-monthly

magazine, Budhan. The magazine has subscribers in various states all over India. In

order to gain permission from the Postal Department to allow us to send the

magazine at a subsidised rate, we require to register the name of the magazine-

Budhan - and to issue a declaration for the same. For this purpose, we request you

to give us the necessary forms.

In case this proforma is not available kindly grant us the endorsement for registering

the magazine. After getting the endorsement from you, DNT-RAG would be issuing

the registration forms to the Registrar of Publication, Government of India.

Thanking you,

Yours sincerely,

G N Devy

DNT/99/24

20-04-99

Shri Sunil Arora

Asstt. Registrar (Law)

National Human Rights Commission

Sardar Patel Bhavan

Sansad Marg

New Delhi - 110 001

Sub. : Custodial death of Ramesh Shankar Kale

Ref. : Your communication No. 468/13/98-99

Sir,

I am grateful to you for forwarding to me a copy of the police report received from

Home Secretary, Government of Maharashtra regarding the custodial death of

Ramesh Shankar Kale on 27-06-1998.

In this connection I wish to draw your attention that according to the police report

Ramesh Kale was certified dead on 30-06-1998. I sent a complaint to your office on

07-07-1998 after getting the news of police atrocity. I received the communication

from your office on 06-01-1999 giving a gist of submission by the Home

Department, Government of Maharashtra. In that communication, the particulars

given were pertaining to Prabhu Laxman Kale, who was arrested with Ramesh

Shankar Kale. The name of Ramesh Shankar Kale, too, was mentioned as a 'co-

accused' of Prabhu Laxman Kale. The communication states that Prabhu Laxman

Kale 'is staying with his family members', and "Allegations regarding his killing in

police custody are false," is the conclusion.

This statement is a deliberate twisting of facts, as is clear from the submission made

by Home Secretary, Maharashtra Government, a gist of which was sent to me on 09-

04-1999 by your office.

The recent submission from Maharashtra Government states that "10 policemen were

arrested. The Magisterial enquiry has been initiated by the District Magistrate which

is still under progress". The case was registered on 26-07-1998. But the Home

Department does not seem to be aware of this fact for several months as your

communication of 06-01-1999 may clearly indicate.

I would like to reiterate that not only be a compensation of Rs. 7,00,000/- (Rs. Seven

lakhs) be paid to the widow and dependents of Ramesh Shankar Kale, but also the

Home Secretary, Government of Maharashtra be clearly be reprimanded for

deliberate twisting of facts and misguiding the National Human Rights Commission

in a case of brutal violation of a poor denotified tribal's human rights. Sir, we have

been receiving complaints from Mangalveda and Baramati area of Maharashtra

regarding police atrocity so frequently that it is difficult to believe that the police in

that area are protectors of Law and Order. I make this statement as a serious

comment on the working of police and I am prepared to provide sufficient evidence

to support it. I hope the National Human Rights Commission will take a serious view

of the situation while hearing this case.

Yours faithfully,

G N Devy

DNT/99/25

23-04-99Justice VenkatachaliahChairmanNational Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi - 110 001

Honourable Justice Venkatachaliah,

Last year in the month of May, a family of Pardhis residing at Taradgaon near Lonand under Lonand Police Station, District Satara of Maharashtra State, was assaulted by the upper caste residents of the village. The house of this family was burnt to ashes and the family was threatened with dire consequences if they tried to report to the police about the incident of arson and assault. The Denotified & Nomadic Tribals Rights Group made special efforts to alert the Police Department at Lonand to the the plight of the endangered family. Smt. Mahasveta Devi and I had personally gone to Lonand Police Station to request protection to the family in the first week of June 1998.

Smt. Chhaya Salya Bhosle who belongs to this family, and whose photographs are enclosed with this appeal, was severely beaten up on 1st April 1999. She is being threatened by the people in the village. The police ought to have registered the case of assault as a cognizable offence and also initiated the procedure to make provision of compensation under the Prevention of Atrocities Act. Unfortunately nothing of the kind has happened. Smt. Chhaya Salya Bhosle belongs to the Pardhi community, which is a denotified community. I have a strong feeling that the repeated assaults are mounted in order to snatch away the small piece of land that the family owns.

Sir, I request you to kindly seek an information report from the Maharashtra Police about the steps taken to protect the life and property of Smt. Chhaya Salya Bhosle and to punish the offenders. The increasing incidence of atrocity on the DNTs of Maharashtra make me feel sad. Please help us in bringing justice to the unfortunate victims by taking immediate action in this matter.

With regards.

Yours faithfully,

G N Devy

Encl. : 1) Report from doctor at the Primary Health Centre

2) 2 photographs of Smt. Chhaya Salya Bhosle

Copy to : Smt Mahasveta Devi18A Ballygunje Station RoadCalcutta.

Shri Laxman Gaekwad304 Padmavati NagarFilm City RoadGoregaon(E)Mumbai - 700 019

Shri Kanji Patel

12 Gayatri SocietyLunawada 389 230Panchmahal

Shri D. K. Basu, ChairmanLegal Aid Service5 Kiran Shankar Roy RoadCalcutta.

Advocate Ratan Kodekar11/116,117 Bhadreshwar Housing ColonySardarnagarAhmedabad 382 475

Shri P Satchidanandan80C Pocket A, Sukhdev ViharNew Delhi 110 025.

DNT/99/29

27-04-99

Mr. N. Gopalaswami, IASSecretary GeneralNational Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi - 110 001

Dear Mr. Gopalaswami,With reference to our discussion in your office on 08-04-99 regarding

the proposed seminar on "Denotified & Nomadic Tribes of India : Rights, Reforms and Rehabilitation", I submit a copy of the proposal that was sent to you on 02-04-98. In my discussion with Honourable Justice Venkatachalliah, he had suggested Ahmedabad as the venue and July as the suitable time for the seminar. As I mentioned to you during our discussion, Honourable Justice R. A. Mehta, presently President, Gujarat Judicial Academi and formerly a Chief Justice of Gujarat High Court has expressed his willingness to extend the involvement of Gujarat Judicial Akademi in conducting the seminar. Considering these points it will be desirable to start sending the first round of invitation letters. I hope you will take the necessary action in the matter and also formally write to Justice R. A. Mehta seeking collaboration.

In case you would like me to supply addresses of the invitees, I would be glad to send the necessary addresses. Please also let me know if you would like us to make arrangements for the venue in Ahmedabad and accomodation for the outstation participants, which will help me in moving about it in good time.

Yours sincerely,

G N Devy

Copy to : Honourable Justice R. A. MehtaPresident Gujarat Judicial Akademi5, Law Garden RoadAhmedabad - 380 007

Encl. : As above

2-10-98

Mr. N. GopalaswamiSecretary GeneralNational Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi 110 001

Dear Mr. Gopalaswamy,

Thank you very much for your fax letter of 28 September. It will indeed be very useful to seek the views of governmental authorities and a cross-section of the society regarding the place of the Denotified tribes in our country. I submit the following points for the Commission's consideration apropos the suggestion of holding a Seminar on Denotified Tribes :

1. The title of the Seminar could be "The Denotified and Nomadic Tribes of India : Rights, Reforms and Rehabilitation".

2. Organisational responsibility and venue :a) If the NHRC plans to take the organisation responsibility, the venue should be either New Delhi (where many governmental persons can participate) or Hyderabad (where many police officers can participate);b) If the NHRC would like the Denotified and Nomadic Tribes Rights Action Group to take up the organisational responsibilities, the venue should be Ahmedabad (Where a former settlement for Criminal Tribes is in existence, situated not very far from the Sabarmati Ashram) or at Sholapur (where the 'settlement' opened by Jawaharlal Nehru in 1952 is in existence).

3. Dates and Duration :The duration should be two days and the dates should fall between 29 Nov. and 20 December 1998 (either 29,30 November or 19,20 December, preferably)

4. Budget :I suggest the following approximate budget :

A. Travel Costs for 40 participants air/rail 2,50,000/-B. Accommodation for 3 nights 40,000/-C. Catering 40,000/-D. Local arrangements 10,000/-E. Incidentals, telephone, etc. 5,000/-F. Stationery, printing, photocopy 10,000/-

Total Rs. 3,55,000/-

2-10-98

Mr. N. GopalaswamiSecretary GeneralNational Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi 110 001

Dear Mr. Gopalaswamy,

Thank you very much for your fax letter of 28 September. It will indeed be very useful to seek the views of governmental authorities and a cross-section of the society regarding the place of the Denotified tribes in our country. I submit the following points for the Commission's consideration apropos the suggestion of holding a Seminar on Denotified Tribes :

1. The title of the Seminar could be "The Denotified and Nomadic Tribes of India : Rights, Reforms and Rehabilitation".

2. Organisational responsibility and venue :a) If the NHRC plans to take the organisation responsibility, the venue should be either New Delhi (where many governmental persons can participate) or Hyderabad (where many police officers can participate);b) If the NHRC would like the Denotified and Nomadic Tribes Rights Action Group to take up the organisational responsibilities, the venue should be Ahmedabad (Where a former settlement for Criminal Tribes is in existence, situated not very far from the Sabarmati Ashram) or at Sholapur (where the 'settlement' opened by Jawaharlal Nehru in 1952 is in existence).

3. Dates and Duration :The duration should be two days and the dates should fall between 29 Nov. and 20 December 1998 (either 29,30 November or 19,20 December, preferably)

4. Budget :I suggest the following approximate budget :

A. Travel Costs for 40 participants air/rail 2,50,000/-B. Accommodation for 3 nights 40,000/-C. Catering 40,000/-D. Local arrangements 10,000/-E. Incidentals, telephone, etc. 5,000/-F. Stationery, printing, photocopy 10,000/-

Total Rs. 3,55,000/-

5. Participants :1. Minister for Home Affairs, Central Govt. or an officer deputed by him.2. Secretary, Ministry of Home Affairs, Central Govt. or an officer deputed

3. Director, Police Training Academy, Hyderabad or an officer deputed 4. Director General of Police, any two states where the DNTs number over 50

lakhs (i.e.Maharashtra, Gujarat, M.P., Karnataka)5. As above.6. Two retired high court Judges dealing with PASA cases from the remaining two states.7. As above.8. A legal expert familiar with the history of Criminal Tribes Acts.9. Two Investigative TV journalists10. As above11. Three Editors of prominent news paper, North east, South12. As above13. As above14. Five Representatives of DNT-RAG.15. As above16. As above17. As above18. As above19. As above20. Three Directors of Tribal Welfare Boards or Secretaries of Social Welfare Departments from three states.21. As above22. As above23. Two Representative of the Social Justice Ministry - dealing wht DNT cell24. As above25. Chief Election Commissioner or an officer deputed by him26. Registrar General, Indian Census or an officer deputed by him27. Chairman, National Human Rights Commission 28. Secretary General, NHRC, 29. Three Heads of the NHRC State cells. 30. As above31. As above32. Three leaders, activists of Denotified Tribes33. As above34. As above35. Six prominent citizens including Parliamentarians, artists, writers, film makers, etc.36. As above37. As above38. As above39. As above40. As above.In addition to the above, there should be provision for about 20-30 local

personalities to attend the Seminar as observers :

6. Procedure :The Seminar should be divided in six sessions :Session One : Inaugural speech by the Chairman of the NHRC

and a key-note presentation by a representative of the DNT-RAG.

Session Two : The Law and the DNTs. Four Presentations

Session Three : The Police and the DNTs. Four Presentations

Session Four : Social Justice for the DNTs. Presentations by representatives of Denotified Tribes

Session Five : Social Justice for the DNTs. Presentations by Governmental Authorities

Session Six : The DNTs. : Rights, Reforms and Rehabilitation Round Table discussion on the Report prepared by the Advisory Group.

Conclusions : Comments by the Secretary General, NHRCThe exercise should involve a thorough examination of the Report that the Advisory Group has submitted and a revision of the Report for implementation of the recommendations made in it.

I will be grateful if you let me have your response to these suggestions. It may be useful for us to meet to finalise the plans. And I will be glad to make a short visit to Delhi if you so suggest.

Yours sincerely,

(G.N.Devy)

28.01.1999

Shri Anil Mukim, I.A.S.Collector & District MagistrateKothi BuildingVadodara

Dear Shri Mukim,

You may remember our discussion regarding the housing-land issue of the Bajania community in Manjalpur, Vadodara. A copy of the court order is enclosed for your easy reference. Thirty one persons from that community have submitted application for land allocation nearly three years back. Kindly advise the Mamlatdar to trace the missing file and take the necessary action expeditiously, or to seek fresh application forms if necessary. The Bajania community is prepared to withdraw the suit if you advise them so.

I hope this long pending problem of a poor community will be solved immediately.

With warm regards,

Yours sincerely,

G. N. Devy

Encl. : as above

28.01.99

Honourable Justice VenkatachaliahChairman National Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi - 110 001

Honourable Justice Venkatachaliah,

I received a letter from Tanuja Deepak Pawar dated 2nd. Nov. 1998 which was a copy of her letter to Shri Gopinath Munde, Deputy Chief Minister and Minister for Home Affairs, Maharashtra State. The letter mentioned that a copy was being forwarded to Your Honour. However, on recent enquiries, I was told that the letter was not sent to him. Therefore, though late, I forward the letter herewith.

The original letter was in Marathi. We have translated it into English, sentence by sentence and without editing it in any manner. It was published in Budhan (Oct-Nov 1998 on pages 24-27). In lieu of a typed text, I enclose a copy of Budhan, which may be treated as the said letter.

Tanuja Deepak Pawar, who lives by begging that Malshiras, in District Solapur, Maharashtra. She lost her husband through police atrocity. He was shot in the back and died. He belongs to the Pardhi Denotified Tribe. In order to conceal the horror of this inhuman killing, the police have concocted a story about Deepak Pawar being a dacoit on the run. Tanuja is not even twenty years old. She has a whole life of begging before her. Added to it now is the risk of being physically abused. Kindly direct the Government of Maharashtra to provide immediate interim relief of at least Rs. 5,00,000/- for which I will be extremely grateful.

With regards.

Yours sincerely,

G. N. Devy

Encl. : Budhan (Oct-Nov 1998)

DNT/99/24

20-04-99

Shri Sunil Arora

Asstt. Registrar (Law)

National Human Rights Commission

Sardar Patel Bhavan

Sansad Marg

New Delhi - 110 001

Sub. : Custodial death of Ramesh Shankar Kale

Ref. : Your communication No. 468/13/98-99

Sir,

I am grateful to you for forwarding to me a copy of the police report received from

Home Secretary, Government of Maharashtra regarding the custodial death of

Ramesh Shankar Kale on 27-06-1998.

In this connection I wish to draw your attention that according to the police report

Ramesh Kale was certified dead on 30-06-1998. I sent a complaint to your office on

07-07-1998 after getting the news of police atrocity. I received the communication

from your office on 06-01-1999 giving a gist of submission by the Home

Department, Government of Maharashtra. In that communication, the particulars

given were pertaining to Prabhu Laxman Kale, who was arrested with Ramesh

Shankar Kale. The name of Ramesh Shankar Kale, too, was mentioned as a 'co-

accused' of Prabhu Laxman Kale. The communication states that Prabhu Laxman

Kale 'is staying with his family members', and "Allegations regarding his killing in

police custody are false," is the conclusion.

This statement is a deliberate twisting of facts, as is clear from the submission made

by Home Secretary, Maharashtra Government, a gist of which was sent to me on 09-

04-1999 by your office.

The recent submission from Maharashtra Government states that "10 policemen were

arrested. The Magisterial enquiry has been initiated by the District Magistrate which

is still under progress". The case was registered on 26-07-1998. But the Home

Department does not seem to be aware of this fact for several months as your

communication of 06-01-1999 may clearly indicate.

I would like to reiterate that not only be a compensation of Rs. 7,00,000/- (Rs. Seven

lakhs) be paid to the widow and dependents of Ramesh Shankar Kale, but also the

Home Secretary, Government of Maharashtra be clearly be reprimanded for

deliberate twisting of facts and misguiding the National Human Rights Commission

in a case of brutal violation of a poor denotified tribal's human rights. Sir, we have

been receiving complaints from Mangalveda and Baramati area of Maharashtra

regarding police atrocity so frequently that it is difficult to believe that the police

in that area are protectors of Law and Order. I make this statement as a serious

comment on the working of police and I am prepared to provide sufficient evidence

to support it. I hope the National Human Rights Commission will take a serious view

of the situation while hearing this case.

Yours faithfully,

G N Devy

2-10-98

Mr. N. GopalaswamiSecretary GeneralNational Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi 110 001

28.01.1999

Shri Anil Mukim, I.A.S.Collector & District MagistrateKothi BuildingVadodara

Dear Shri Mukim,

You may remember our discussion regarding the housing-land issue of the Bajania community in Manjalpur, Vadodara. A copy of the court order is enclosed for your easy reference. Thirty one persons from that community have submitted application for land allocation nearly three years back. Kindly advise the Mamlatdar to trace the missing file and take the necessary action expeditiously, or to seek fresh application forms if necessary. The Bajania community is prepared to withdraw the suit if you advise them so.

I hope this long pending problem of a poor community will be solved immediately.

With warm regards,

Yours sincerely,

G. N. Devy

Encl. : as above

28.01.99

Honourable Justice VenkatachaliahChairman National Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi - 110 001

Honourable Justice Venkatachaliah,

I received a letter from Tanuja Deepak Pawar dated 2nd. Nov. 1998 which was a copy of her letter to Shri Gopinath Munde, Deputy Chief Minister and Minister for Home Affairs, Maharashtra State. The letter mentioned that a copy was being forwarded to Your Honour. However, on recent enquiries, I was told that the letter was not sent to him. Therefore, though late, I forward the letter herewith.

The original letter was in Marathi. We have translated it into English, sentence by sentence and without editing it in any manner. It was published in Budhan (Oct-Nov 1998 on pages 24-27). In lieu of a typed text, I enclose a copy of Budhan, which may be treated as the said letter.

Tanuja Deepak Pawar, who lives by begging that Malshiras, in District Solapur, Maharashtra. She lost her husband through police atrocity. He was shot in the back and died. He belongs to the Pardhi Denotified Tribe. In order to conceal the horror of this inhuman killing, the police have concocted a story about Deepak Pawar being a dacoit on the run. Tanuja is not even twenty years old. She has a whole life of begging before her. Added to it now is the risk of being physically abused. Kindly direct the Government of Maharashtra to provide immediate interim relief of at least Rs. 5,00,000/- for which I will be extremely grateful.

With regards.

Yours sincerely,

G. N. Devy

Encl. : Budhan (Oct-Nov 1998)

To,Francis ParmarPrincipal St. Xavier's CollegeNavrangpuraAhemdabad-38007

Sir,

We are an NGO that works with Denotified Tribes. We have set up a

Chharanagar Comminity Development Centre in order to bring about some

positive change in and otherwise crime infested and liquor brewing area.

The Chhara youth often find a discriminatory and prejudiced attitude while

seeking admissions as they are branded as 'thieves' and 'criminals'. We are

trying to help them. Three young Chhara boys have applied for admission.

May we request you to consider them on merit.

They are :- 1. Alok Kaglekar (Form No. 56)

2. Rami Kodekar (Form No. 55)

3. Himanshu Kodekar (From No.65)

They are part of a drama troupe, being excellent actors and Himanshu is also

a sports person.

We write this on behalf of Dr. Devy who has initiated a library in the

Chharanagar slum Considering their admission sympathetically will go a

long way in bringing about a positive change in their lives.

Thanking you,

Geeta Chauhan

DNT/99/

19-7-99

Shri L. Mansinh, I.A.S.SecretarySocial Welfare DepartmentGandhinagar

Dear Shri Mansinh,

Our group is working for the denotified and nomadic communities. The approximate population of these communities in India is 6 crores. They are extremely poor and due to their special history are deprived of even the basic necessities of life. As suggested by Dr. P.K.Das, former Secretary, Social Welfare Department, we had held a meeting of the Social Welfare Department and the Denotified and Nomadic Tribes Rights Action Group in Godhra on 22 April, 1999. As a result we have received 133 applications from Panchmahals. The applicants have no place to stay and have to keep moving from one village to another. Since the Social Welfare Department has taken keen interest, we request you to take necessary steps to help them. Please let us know if you need us to assist the administration and kindly inform us what steps have been taken in this regard.

Thanking you,

Yours sincerely,

G.N.Devy

Copy to : 1. Shri Rakesh, District Collector, Panchmahal2. Shri Zalasaheb, Social Welfare Officer, Social Welfare

Department, Godhra

DNT/99

11-08-1999

Attention Mr. K. V. S. Rao

Dear Mr. Rao,

I will be grateful if you would draw the attention of Honourable Justice Venkatachaliah to the fact that my request for further information regarding the NHRC's proposed seminar on DNTs, sent to the Secretary General on 27th April, has remained unanswered. I will very much appreciate if the necessary action in the matter is expedited.

Thanking you,

Yours faithfully,

G.N.Devy

16-09-98

Shri Anil Mukim, IASCollector & District MagistrateVadodara DistrictKothi BuildingVadodara

Dear Shri Mukim,

You are aware that the category of people designated as 'Denotified & Nomadic Tribes' was created by the Constitution in 1952 in order to free the communities covered by the Criminal Tribes Act of 1871 during the colonial times. Many of these communities are nomadic in character and they have been moving across state frontiers. One such community is Davre-Gosai, which originally belongs to Maharashtra. Some of the Davre-Gosai people have settled in Gujarat at Ahmedabad, Baroda and other places. They need to be given a proper caste-certificate. However, in Baroda they have been denied it. A proper certificate will help us to rehabilitate these people and to bring them to the main-stream. I am approaching you with the request to instruct the social welfare department to issue the necessary certificate and oblige. I am enclosing a list of all Davre-Gosai residents of Baroda for your perusal. I will be grateful for this help.

Thanking you,

Yours sincerely,

(G.N. Devy)

National Seminar onThe Social Identity of Denotified and Nomadic Tribes27-28th October 1999

A large number of itinerant communities were 'notified' during the colonial rule and brought under the draconian provisions of the Criminal Tribes Act, initially formulated in 1871 and continuosly revised till 1921. The Denotification that followed India's Independence in 1952, has not effected any substantial change in the social identity of the communities, though their legal status has now changed to the DNTs (Denotified & Nomadic Tribes). The atrocities perpetrated on them by the surrounding communities, mainly in the rural areas, but also and often in the cities, as well as the irregularities in the official use of the Habitual Offender's Act, specially made for them, continue to increase in number and variety.

Sociologists, anthropologists, legal experts and human rights activists in India have only exceptionally paid attention to the problem of the cultural identity of the Denotified Communities and their human rights. These communities now are distributed among the constitutional categories of SC, ST and OBC variously in different states.

The National Human Rights Commission had appointed last year a Special Group to draw up a list of measures for bringing about a change in the social status of the DNTs. A copy of that report is enclosed. Moreover, it is necessary to discuss the issues involved more closely by bringing about various perspectives including that of administration, activists, scholars and thinkers. It is with this view in mind that Indira Gandhi Rashtriya Manav Sangrahalaya, Bhopal, and the Denotified & Nomadic Tribes Rights Action Group have decided to organise a National Seminar on the theme of the Social Identity of DNTs at Bhopal on 27-28 October 1999. We would like to invite you to participate in this seminar and make a presentation on the issue bringing in the statistics and data available with you, your personal experience of dealing with the DNT issue and your perspective on how the DNTs could be offered an opportunity to free themselves of the stigma attached to their social origin and status. What we are seeking is not so much of academic and written presentation, but a statement of well-informed concern and a vision plan.

The IGRMS will be glad to offer you your travel costs for journey for the seminar and arrange for your accomodation from the 26th to 28th October.

Dr. G. N. Devy, Secretary, DNT-RAG has agreed to work as the seminar Co-ordinator. Should you need to have more details, you may contact him at : 6, United Avenue, Near Dinesh Mill, Baroda 390 007 (Phone : 331130, 351487 (O) 314098 (R)). We will be grateful if you let us have your consent to participate in the seminar at the earliest.

Yours sincerely,K. K. ChakravartyDirectorIndira Gandhi Rashtriya Manav Sangrahalaya

DNT/99/11.10.99

Shri Mansing, I.A.S.SecretaryDepartment of Social WelfareBlock No. 5SecretariateGandhinagar

Dear Shri Mansing,

As you are well aware our State has a large number of Denotified and Nomadic communities. In addition to the communities listed by the State Government as vimukta ane vicharti janjati, there are other nomadic groups that have altogether escaped official listing. The population of such communities may be approximately 35 lakh. You are well aware that the peculiar history of notification has made the situation of the DNTs a challenge for the machinery implementing social welfare measures. I enclose for your perusal some issues of Budhan (not Bhudan, please) and also to give an idea as to our involvement in the work related to the DNTs.

Last year we had a series of meetings with Dr. P. K. Das while he was handling the Social Welfare Department. My colleagues who met Dr. Das include Smt. Mahasveta Devi, Shri Kanji Patel who is a well known Gujarati writer, advocate Shri Ratan Kodekar and numerous representatives of Denotified Tribes' Committees. We also had a Workshop with the District Social Welfare Office at Godhra, and we have been in touch with District Welfare Officers elsewhere. During these meetings we found that both the Legislation and the Administration of Gujarat State are far more sympathetic to the DNTs than similar other agencies are in other states. However, our reports from Taluka and District level workers show that there are several bottlenecks in the implementation of widow pension schemes, funding for house construction and scholarships for DNTs. Also, the listing will have to be updated, particularly in the districts on the borders of Rajasthan, Madhya Pradesh and Maharashtra. With these things in view I and my colleagues would like to seek an appointment and discusss some of these matters personally with you. The main point we would like to discuss is the possibility of holding a State level meeting of District Welfare Officers exclusively for the DNT welfare. We can perhaps bring persons like Justice D. K. Basu of Calcutta, Prof. Romila Thapar, Smt. Mahasveta Devi and others to brief to the District Officers regarding the history, the legal aspects and social considerations of the DNTs. I hope you will consider this request and suggest a suitable day (after 25th October).

With warm regards,

Yours sincerely,

G. N. Devy

DNT/99/24.10.99

Shri Sunil AroraAsstt. Registrar (Law)National Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi 110 001

Sub. : Your letter dated 12.10.99 regarding arrest and detention of Shri Rasik Thania Chhara

Sir,

We submitted a petition to the National Human Rights Commission regarding the detention of Shri Rasik Thania Chhara under the provisions of PASA in August 1998. Our contention was not related to the procedure of the arrest and detention. It was related to the reasons for the arrest. From our perspective the circumstances leading to the arrest were as follows:a) A meeting was held in Chharanagar, Ahmedabad in June 1998 to discuss the work of reformation to be taken up by the Denotified and Nomadic Tribes Rights Action Group. Shri Rasik Thania Chhara was present for this meeting. The Chhara community unanimously decided that a library should be set up in Chharanagar (the library has subsequently been set up by us there).b) During this meeting a press reporter representing the Abhiyan magazine was present. He spoke to a number of persons including Shri Rasik Thania Chhara. Shri Rasik Thania Chhara was reported to have voiced his anger towards the Police Department for perpetuating the stigmatised life of denotified communities.c) Shri Rasik Thania Chhara was arrested under PASA a day or two after the Abhiyan report appeared.

Considering the above we conclude that the arrest was caused by Shri Rasik Thania Chhara's statement in the press. It is true that there is a file in his name with the Police Department. We would like any and all legal action to be taken against Shri Rasik Thania Chhara as per the normal legal and police procedures. However, the use of PASA to restrict criticism ( and justified criticism) is not desirable in a democratic state where the freedom of expression is considered to be an inviolable human right.

I apologise that I did not send a reply to the NHRC's previous letter dated 28.04.99. The reason however was that Shri Rasik Thania Chhara's term under PASA was about to be completed and also his case was being heard in the Gujarat High Court on the basis of a petition that he has filed.

I will sincerely urge the NHRC to consider the above stated facts while making a judgement in this case. Whereas I agree that PASA or such other restrictive laws should be available for the general maintenance of law and order, the use of such provisions in excess may violate the human rights of citizens. Our petition was pleading for the avoidance of excess use of PASA.

Yours faithfully,

G. N. Devy

DNT / 99 / 63

26.10.99

Honourable Justice VenkatachaliahChairmanNational Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi 110 001Phone 011-3361611

Honourable Justice Venkatachaliah,

Last year, when we prepared a Report on the Status of Denotified and Nomadic Communities, it was suggested by the NHRC that a National Seminar be held to discuss and finalise the Report prepared by us. I am glad to say that the Indira Gandhi Rashtriya Manav Sangrahalaya (IGRMS), Bhopal has agreed to convene such a seminar. Dr. K. K. Chakravarty, Director of IGRMS will be writing personally to you to invite you for the Inaugural Address and I sincerely hope that you will accept this invitation. In the meanwhile, may I request you to allow us to discuss the Report during the proposed seminar ? I will indeed be grateful for your consent.

With regards,

Yours sincerely,

G. N. Devy

Copy to : Dr. K. K. Chakravarty

DNT/99/23-11-99

Shri Jual OramHonourable Minister for Tribal AffairsGovernment of India64 South AvenueNew Delhi 110 001

Honourable Shri Oram,

A large number of communities that resisted the expansion of the British rule and the activities of European missionaries came to be listed as 'Criminal Communities' throughout the nineteenth century. Most of these were nomadic tribal communities. A special law was formed to bring them under the colonial subjugation; it is known as The Criminal Tribes Act, 1871. Nearly 190 nomadic tribal communities were brought under the draconian provisions of the CTA between 1871 and 1924. Special settlement areas were created for their detention. In 1952, after Independence, the so-called criminal tribes were made free from the settlements and provisions of the CTA. They were initially treated as 'ex-criminal tribes', but since 1955, on a suggestion made by Jagjivan Ram, they came to be called the 'Denotified & Nomadic Tribes'. Our estimate, based on various census figures, is that their present population is approximately 6 crores. The DNT-RAG has prepared a detail report on the basis of work carried out in Maharashtra, Gujarat, Bengal and other states, for the development of the Denotified Tribes and bringing a measure of social justice to them. I shall be grateful if you advise me as to whether the Denotified Tribes fall within the preview of the Ministry of Tribal Affairs, and if we should submit the report to you for your consideration. Please find enclosed copies of Budhan which may give more information about the DNTs.

Thanking you,

Yours sincerely,

Dr. Ganesh N. Devy Secretary

DNT/99/24.12.99

Honourable Justice BhattChairpersonOther Backward CommissionBungalow No.228/1 - Kh-1Sector No. 19Gandhinagar 382 019

Honourable Justice Bhatt,

As Secretary of DNT-RAG, I would like to submit to you that a nomadic community which recognises itself as Deore-Gosai, and has been recognised by this name from the 16th century, has settled since 1930s in three towns of Gujarat, namely Baroda, Surat and Ahmedabad. The total population of the inhabitants of this community in Gujarat is 4000 approximately. Their tribal occupation has been of itinerant fortune tellers. Now some of the children have started attending schools and other professions.This community is spread in Maharashtra and Gujarat, the Justice Antrolikar Committee of 1937 mentioned in its Report having visited localities of Deore-Gosais in the then Bombay Presidency Area.

Both men and women among the Deore-Gosais work from day to day and live on the meagre wages or collection from door to door fortune telling trips. The average income per family rarely exceeds Rs. 600/- or Rs. 700/- per month. Besides there is no certainty of employment. During monsoon their localities get flooded if the rains are heavy. The Deore-Gosai community has so far not been listed in the community categorised as other backward classes to which most of the nomadic communities belong.

I would like to urge Your Honour to kindly send a representative of the Commission to visit any of the three localities of Deore-Gosais to verify the facts, and kindly do the favour of including this community in the list of communities covered by the Commission. I would like to emphasise that their demand is genuine and that we know this community for a fairly long time and have found it fully deserving of help.The Deore-Gosais are residing at :

a) Bhairavnagar, Mujmahuda, VadodaraTheir Panch is Shri Narayan Shegar and Shri Rajendra Shegar.

b) Tapri Falia, Near Darpana Cinema, SuratTheir Panch is Shri Baburao Shinde.

c) Laxmi Narayan Society, Maninagar, AhmedabadTheir Panch is Shri Dadarao Savant.

I will be extremely grateful if you kindly look into the matter sympathetically.

Yours faithfully,

G. N. Devy

DNT/99/14.12.99

Honourable Justice VermaChairmanNational Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi 110 001

Honourable Justice Verma,

The Denotified & Nomadic Tribes Rights Action Group has been working with denotified and nomadic communities. Last year the National Human Rights Commission had formed a Working Group on our request to prepare a Report on the present status of the Denotified and Nomadic communities. The Report was prepared and submitted to the National Human Rights Commission in August 98. Since then there have been instances of custodial deaths and mob lynching in which the victims were from the denotified communities. The Human Rights Commission has of course provided prompt redressal in the cases that we brought to the Commission's notice. However, it is necessary to think of evolving a national policy, keeping the human rights angle in view, related to the denotified and nomadic communities. Smt. Mahasveta Devi, who is the President of DNT-RAG and I would like to seek an appointment with you to discuss the possibility of setting up another Working Group towards this end. We plan to be in Delhi from the 19th to 22nd of this month; and we will be grateful if you could spare some time for this purpose. In case it is possible to fix an appointment, kindly let me have a message at Baroda (0265 - 331130) or at Bhopal (IGRMS - Tel.- 0755-545458 till the 18th of December).

Thanking you,

Yours faithfully,

G. N. Devy

DNT/99/

14.12.99

Honourable Justice VermaChairmanNational Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi 110 001

Honourable Justice Verma,

Your office may have already received my request for an appointment. I write again with a deep sense of anguish to draw your attention to a gruesome massacre of Pardhis at Baramati which took place on 29th November. In this incident police personnel attacked innocent Pardhi persons during night and using sharp weapons killed them on the spot. The name of the persons murdered by the police are :

1. Shri Raja Omkar Bhosle 222. Shri Sachin Baban Bhosle 183. Shri Nitin Duryodhan Kale 19

Several others are seriously injured.

The NHRC had delivered a judgement in the custodial death cause of Shri Pinya Hari Kale in which the Police Department at Baramati was made to pay a compensation of Rs. 2 lakh. It is clear that that the police are now seeking revenge for what they consider as humiliation at the hands of the NHRC. I will be grateful if this case is handled expeditiously so that more Pardhi lives are not lost.

Among other things that we would like to discuss with you, the Baramati massacre will be an important issue. Kindly confirm if an appointment is possible.

Yours faithfully,

G. N. Devy

INDIRA GANDHI RASHTRIYA MANAV SANGRAHALAYA, BHOPALNational Seminar onThe Social Identity of Denotified & Nomadic Tribes16-17th December 99

Indira Gandhi Rashtriya Manav Sangrahalaya, Bhopal hosted a National Seminar on the theme of The Social Identity of Denotified and Nomadic Tribes, jointly organised by Denotified & Nomadic Tribes Rights Action Group and the Indira Gandhi Rashtriya Manav Seminar. The seminar was held at Bhopal on 16-17th December 99. A list of participants is enclosed (Enclosure 1). Those who participated included writers, journalists, anthropologists, government officers, activists and representatives of Denotified Communities from Bengal, Maharashtra, Karnataka, Gujarat, Madhya Pradesh and Delhi.

2. The discussion was focussed on :a. The history of Denotified Communities and their social identity.b. Atrocities that the DNTs have to face and the ways of bringing social justice to them.c. The nature and scope of activism necessary for bringing about the change in societal attitudes.

3. As the context for discussion, the text of the Report prepared by the Working Group on the Status of Denotified and Nomadic Tribes, constituted by the National Human Rights Commission in May 1998, was circulated among the participants.

4. The letter inviting participation in the seminar stated as follows :

"The NHRC had appointed a Special Group last year to draw up a list of measures for bringing about a change in the social status of the DNTs. A copy of that Report is enclosed and it awaits discussion. Moreover, it is necessary to discuss the issues involved more closely by bringing to various perspectives including that of administration, activists, scholars and thinkers. We would like the participants to make presentations on the issue, bringing in the statistics and data available, their personal experience of dealing with the DNT issue, and their perspective on how the DNTs could be offered an opportunity to free themselves of the stigma attached to their social origin and status. What is sought is not so much of an academic and written presentation, but a statement of well-informed concern, a vision plan."

5. The following suggestions came up during the discussion at Bhopal :a. To have a fresh census made for the Denotified and Nomadic Communities.b. To supplement the official statistics as well as the information available in various surveys as a corrective to the present attitude of prejudice.c. To prepare a common list of Denotified Communities, now spread over SC, ST and OBC categories of Denotified Communities.d. To bring all Denotified communities uniformally under the provisions of the Prevention of Atrocities Act.e. To persuade an agency like the National Human Rights Commission to publicise comparative status of the ratio between total population and convicted criminals for Denotified Communities and other communities.f. To provide opportunities of skill-based, non-formal education for the children from Denotified Communities.

6. The participants in the Seminar jointly urge the National Human Rights Commission to consider the suggestions made in the Seminar and :a. To direct the Census of India to take up a fresh enumeration of Denotified Communities.b. To direct various State Governments to provide available land on wasteland for a) cultivation and b) habitation of Denotified Communities.c) To direct the Government of India to bring all Denotified Communities under one single category preferably an independent category or at least together with the other Scheduled Tribes.d) To advise the Government of India to set up a Commission for the Denotified Communities for the purpose of preparing lists of such communities more scientifically than before.e) To create special sub-plans for DNTs on the line of the Tribal Sub-plans.f. To repeal the Habitual Offenders Act of India.

7. As a follow up action originating out of the deliberations, the IGRMS and DNT-RAG have resolved to deepen its work with DNTs. The following activities and programmes can be taken up as a component of the diversification and de-museumisation drive of the IGRMS:a. A meeting of representatives of the Denotified and Nomadic Communities will be held in Bhopal to explore and document the oral traditions, knowledge systems, life styles, etc.b. The IGRMS will create a space both at Bhopal as well as in the Denotified Communities habitats for installing their cultural and social practices and cultural specimens.c. A few meetings will be organised in the midst of the Denotified and Nomadic Communities in different parts of the country on occasions which are of significance to those communities.d. Collaborative efforts will be taken up, wherever possible, in the areas of publication, dissemination and advocacy.

K. K. Chakravorty G. N. DevyDirector, IGRMS Director, BRPC

DNT/99/67

25.12.99

Honourable Justice VermaChairpersonNational Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi 110 001

Honourable Justice Verma,

We are indeed grateful that you so readily gave your valuable time for listening to us on 20th December. In the past we had submitted a petition to the Human Rights Commission seeking help for India's Denotified and Nomadic Tribals. The total number of Denotified communities is, as far as we know, one hundred and ninety one, and their approximate population, six crore. We have been told about innumerable cases of custodial deaths, mob lynching and torture of members belonging to Denotified Communities, and the Rights Action Group itself has handled many such cases. The National Human Rights Commission has been extremely co-operative in getting justice to the widows of victims and dependents of persons unnecessarily jailed.

In August 1998, we submitted a report prepard by the Advisory Group. After a series of meetings for deliberations we were informed by a letter from Shri N. Gopalaswami, Secretary General, dated 28th September 1998 that the Human Rights Commission had decided to hold a National Seminar to seek a cross-section of opinion on the issue. I was asked to send names of participants and the modalities of the seminar which I submitted to the NHRC first by post on 2nd October 1998, and subsequently by hand on 2nd November 1998. After waiting for several months for further information regarding the seminar, we decided to accept the suggestion made by the Indira Gandhi Rashtriya Manav Sangrahalaya, Bhopal to hold a similar seminar on December 16-17, 1999. A list of participants to the Bhopal Seminar is enclosed. The suggestions made by the participants are also enclosed in a separate statement. Also enclosed are copies of our publication Budhan which include :

a. the text of Criminal Tribes Act of India, 1871b. Habitual Offenders Act, 1959c. Antrolikar Committee Report, 1950

Our prayer to you is as follows :

a. To direct the Census of India to take up a fresh enumeration of Denotified Communities.b. To direct various State Governments to provide available land on wasteland for i) cultivation and ii) habitation of Denotified Communities.

c. To direct the Government of India to bring all Denotified Communities under one single category preferably an independent category or atleast together with the other Scheduled Tribes.d. To advise the Government of India to set up a Commission for the Denotified Communities for the purpose of preparing lists of such communities more scientifically than before.e. To create special sub-plans for DNTs on the line of the Tribal Sub-plans.f. To repeal the Habitual Offenders Act of India.

We will be extremely grateful if you consider these prayers and initiate the necessary action. We would also like to request you to give us one more hearing after you have gone through the enclosed documents.

Yours faithfully,

Smt. Mahasveta Devi Dr. G. N. Devy

Address for correspondence :

Denotified & Nomadic Tribes Rights Action Group6 United Avenue, Near Dinesh Mill, Baroda 390 001 Tele-fax : 0265-331130, E-mail : bhasha@lwbdq.lwbbs.net

Enclosures :

1. Report submitted by the Advisory Group to the NHRC2. A copy of the letter received from Shri N. Gopalaswami, Secretary General 3. Modalities of the proposed National Seminar on the Denotified Communities4. List of participants to the Bhopal Seminar held on 16-17th December 19995. Statement about the Bhopal Seminar6. Copies of Budhan

DNT/99/29.12.99

Shri Anil VaishI/19 Gandhi NagarJaipur 302 015

Dear Shri Vaish,

You may remember that last year Smt. Mahasveta Devi visited Jaipur for a programme you had organised. During her visit, you had discussed the possibility of her second visit to Jaipur, mainly for initiating work related to denotified tribal communities in Rajasthan. That visit could not take place due to her illness. However, she has now decided to make the visit in March 2000. I will accompany her, and so also will six other colleagues from Delhi and other parts of India.

What we plan to do is to hold a meeting spread over two days. The aim of the meeting will be to have an opportunity of discussing with some senior administrative officers and police officers as also some NGOs the ways in which work related to denotified communities can be initiated in Rajasthan. We depend on your help in this matter.

We will be grateful if you could do the following for us :

i. To decide on the invitees for the meeting and extend an invitation to those persons on our behalf.ii. To identify a suitable venue for the meeting.iii.To find some reasonably priced accomodation for eight persons.

Please let me know if you would be able to spare time for this work. I will be extremely grateful for a prompt reply.

Yours sincerely,

G. N. Devy

Copy to : Dr. K. K. Chakravarty, Director, IGRMS, Bhopal

DNT/99/

29.12.99

Honourable Justice VermaChairpersonNational Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi 110 001

Honourable Justice Verma,

You may have already received our previous letter giving details of the meeting held at the Indira Gandhi Rashtriya Manav Sangrahalaya, Bhopal on the denotified communities. In order to initiate the work related to rehabilitation and social upliftment of denotified communities in Rajasthan, Haryana and Punjab- mainly the Kanjars and the Sansis- we are planning to hold a two day open meeting in Jaipur in March 2000. The meeting will be attended by a number of activists from other parts of India, NGOs in Rajasthan, senior IAS officers and media persons. It will be jointly organised by the DNT-RAG and the IGRMS, and our local host will be Shri Anil Vaish, IAS.

We would like to invite you to come for the meeting and preside over the Inaugural Session. Dr. K.S. Singh, formerly of the Anthropological Survey of India, and an active supporter of the DNT-RAG, will speak in the same session. We are also extending an invitation to the Registrar of the Census of India. Your participation will assure the Denotified Communities of our country that they have at least some hope of regaining their human dignity in one country. I and Smt. Mahasveta Devi earnestly hope that you will accept this invitation. I will be grateful to have your letter of acceptance at an early date.

Yours sincerely,

G. N. Devy

DNT/99/

05.01.2000Shri Shekhar Dutt, I.A.S.Principal SecretaryDepartment of Tribal WelfareGovernment of Madhya PradeshVallabh BhavanBhopal

e-mail : psedspyw@vallabh.mp.nic.in

Dear Shri Dutt,

It was indeed very nice to meet you at Bhopal and especially to hear you speak at the IGRMS seminar at Bhopal. As the result of our campaign, the National Human Rights Commission has agreed to convene a meeting of Chief Secretaries of various states, where Smt. Mahasveta Devi and I will have to make a presentation regarding the Denotified Communities. This meeting is likely to be held within a fortnight, and definitely before 26th January.

It will help us enormously to have some accurate official information on the Provisions made by Rajasthan Government for the social welfare of the Denotified Communities. May I request you to kindly obtain this information and send it to me by fax (0265-331130) / e-mail (bhasha@lwbdq.lwbbs.net) / speed post.

I do hope you will offer this help, for which I will indeed be very grateful.

Yours sincerely,

G. N. Devy

DNT/2000/

02.02.2000

Honourable Justice VermaChairpersonNational Human Rights CommissionSardar Patel BhavanSansad Marg

Honourable Justice Verma,

Thank you very much for the message sent to me by fax regarding the convenience of dates for attending the proposed meeting on Denotified & Nomadic Communities in Jaipur, sent by fax today. Since I will be in Delhi to attend the meeting scheduled for 15th February, I think it may be desirable for me to discuss in person with your office the dates that may suit you. We will indeed be quite happy to change the dates for the Jaipur meeting to suit your convenience. But I am extremely keen to have the benefit of your presence during the meeting.

With regards,

Yours sincerely,

G. N. Devy

DNT/2000/

02.02.2000

Dr. Suresh VermaDirectorShri Harish Chandra Mathur Regional Institute of Public AdministrationJawaharlal Nehru MargJaipur 15

Dear Dr. Verma,

I hope you received the fax we sent regarding the proposed seminar on Denotified tribals to be held at Shri Harish Chandra Mathur Regional Institute of Public Administration, Jaipur on 10th & 11th March 2000. Since I was waiting for your response, I have not been able to write to the participants extending a firm invitation.

Meanwhile I received a message from Justice J. S. Verma, Chairperson, National Human Rights Commission indicating that 10th & 11th March will not be suitable for him. Since he is very keen on attending the seminar, and since I have still not sent out invitations to the participants, it may be appropriate to change the dates. However, this cannot be done unless I knew which other dates would be convenient for you. Therfore, my request is to kindly cancel the booking made for accomodation etc. for10th-11th March. When I see Justice Verma in Delhi on the 15th February, I will know what choice of dates he offers to us. After which, I will write to you again to find out which of those dates are convenient for you. I am sorry for the inconvenience caused.

With warm regards,

Yours sincerely,

G. N. Devy

Copy to : Shri Anil Vaish, I.A.S., Jaipur

DNT/2000/

01.03.2000

Shri B. K. BhattacharyaChief SecretarySecretariatKarnataka

Dear Shri Bhattacharya,

It was indeed a great pleasure to meet you at the National Human Rights Commission meeting in Delhi on 15th March 2000.

You may have already received the Minutes of the Meeting. According to the decision made with reference to recommendation No. 8, I have been advised to "Identify locations and areas where a survey of socio-economic conditions would be undertaken after Dr. Devy can identify locations and areas where a survey could be taken up in association with the different State Governments". I will be grateful to you, therefore, if you could kindly provide me a list of communities residing in your State and which were notified during the British period (even if they are no longer specially designated as Denotified Communities and have been merged in SC, ST or OBC). This information will enable me to comply with the National Human Rights Commission's instructions. In case your State Administration has any information about the exact location of Reformatory Settlements in your State created under the Criminal Tribes Act 1871/1924, kindly send the information to me.

Smt. Mahasveta Devi and I are planning to visit you personally in April this year to discuss the Welfare Measures for the Communities under question. We will be indeed grateful if you could indicate a day of your convenience to enable us to make our travel plans.

With warm regards,

Yours sincerely,

G. N. Devy

Copy to : Honourable Justice J. S. Verma, Chairperson, NHRCShri S. Jalaja, Joint Secretary, NHRCSmt. Mahasveta Devi, President, DNT-RAG

DNT/2000/

07.03.2000

Shri Mithun ChakravartyMonark HotelHavelock RoadOotyTamil Nadu

Dear Shri Chakravarty,

You may recall that Smt. Mahasveta Devi spoke to you some days back regarding a certain tribal community in Gujarat which is continuously harassed by police and is living the life of destitution inspite of working very hard in many honest professions. The name of the community is Waghri. They are denotified tribals and were at one time notified by the British government as a criminal tribe. There are several other denotified tribal communities in Gujarat. Their total population is thirty lac. I am enclosing a few copies of the Budhan magazine (named after Budhan Sabar who died in Purulia police custody for your reference. With Smt. Mahasveta Devi I am working towards tackling the problems of denotified and nomadic tribes.

The Waghri community in Gujarat literally worships you and has a tremendous admiration for your acting talents as well as social commitment. They have requested me repeatedly to invite you to address to them. Similarly, the Chharas, the Vichparas, Bajanias, Wadis and others are keen that you come for the meeting and address them.

All these years I restrained myself from disturbing you from knowing that you are a busy person. But in recent days the situation in Gujarat has changed beyond remorse. There are far too frequent attacks by the police on tribal communities. We are fighting a really difficult battle for their dignity and self-respect. I shall be grateful if you could spare one or two days to visit Gujarat and to speak to them. You can choose any date of your convenience and let me know the date so that I can organise a State level meeting of denotified communities.

By way of introduction, may I add that I am a literary person and used to be a Professor at the Baroda University and have been working with tribals in the area of education, human rights and culture.

With warm regards,

Yours sincerely,

G. N. Devy

DNT/2000/

08.07.2000

Honourable Justice J. S. VermaChairpersonNational Human Rights CommissionSansad BhavanSardar Patel BhavanNew Delhi 110 001

Honourable Justice Verma,

We have received frequent complaints from the members of Denotified Communities in Maharashtra regarding police atrocity. Ever since the National Human Rights Commission judgement in the Pinya Hari Kale case made the Maharashtra police pay a compensation of Rupees two lakh to his widow, the police harassment has increased manifolds.

On 6th June 2000, in between the early hours of 5.00 a.m... and 7.00 a.m., a young boy of 14 years 6 months residing at Yesgaon Diggi in Taluka Gangadur of Aurangabad District was first overpowered by policemen, his hands and legs were tied with a rope and handkerchief, and was shot from a close distance. The boy's name is Nitin alias Neelkanth Potya Kale. The single bullet shot was enough to cause heavy bleeding and subsequent death before he could be given any medical attention. His father is nearly 60 years old. The police prevented him from travelling in the van in which the almost dead Nitin was being carried. The father is now kept in police lockup at Aurangabad. The Police Commissioner Shri Vishnu Dev Mishra and the Police Inspector James Ambildhage have been insensitive to the horror caused by this child murder. Nitin's parents are extremely poor and aged.

Whatever reforms we do to improve the lot of the Denotified Communities in our country , the perception of the police that every DNT is a "born criminal" does not seem to change. My letter to the Chief Secretary of Maharashtra written after our March 2000 meeting at the NHRC, urging him to give an appointment to discuss welfare measures for DNTs in Maharashtra, has remained unanswered for the last two months.

Under the circumstances our only hope is to seek justice through the intervention of the National Human Rights Commission. I request you with an utmost sense of concern and anxiety to kind cause a thorough inquiry in this incident and to initiate measures to punish the offenders and to get adequate compensation for the parents of Nitin. I will indeed be grateful for your help.

With warm regards,

Yours sincerely,

G. N. Devy

DNT/2000/38

12.07.2000

Dr. S. C. GosaiChairpersonOther Backward CommunitiesBungalow No. 228/ASector 19Gandhinagar 382 019

Dear Dr. Gosai,

You may recall that we have had some correspondence regarding the inclusion of the Davre branch of Gosavis residing in Gujarat in the category of Scheduled Tribes. In this connection you had written a detailed letter addressed to Smt. Mahasveta Devi (No. AVP/8, dated 11-01-2000) asking for the details of the leaders of the community and the list of names of persons of the community residing in Gujarat.

I would like to bring to your notice the recent Supreme Court judgement in the matter which confers on all Gosavis the status of Scheduled Tribe. A copy of the Supreme Court judgement is enclosed for your perusal.

In the light of the judgement, kindly do the necessary procedure so that the Gosavi (Davre) community in Gujarat can get the necessary caste-certificate, and oblige.

Thanking you,

Yours faithfully,

G. N. DevySecretary

31.07.2000.

Honourable Justice J. S. VermaChairpersonNational Human Rights CommissionSardar Patel BhavanSansad BhavanNew Delhi 110 001

Honourable Justice Verma,

In pursuance of the resolution passed during the Meeting held at the National Human Rights Commission for social justice and welfare to Denotified Communities, we have contacted representatives of different states who were present for the Meeting. Smt. Satwant Reddy, I.A.S., Welfare Secretary, Punjab Government, has agreed to be in Delhi on Wednesday, 2nd August. Smt. Mahasveta Devi, myself and the eminent writer from denotified community, Shri Laxman Gaikwad will be meeting her. We would feel extremely privileged if we could meet her in your presence. I sincerely apologise for giving a very short notice. However, I do hope you will spare some time on the afternoon of Wednesday to initiate and guide the series of Meetings that will begin with our meeting with the representative of Punjab. Smt. Mahasveta Devi as well as Smt. Satwant Reddy find 4.00 p.m. as the convenient hour. I do hope it suits you. However, we will be prepared to make a suitable change as per your convenience. I will be grateful if you accept our humble request.

Thanking you,

With warm regards,

Yours sincerely,

G. N. Devy

DNT/2000/

07.11.2000

Shri Bongirwad, IASChief SecretaryGovernment of MaharashtraNariman Point Bombay

Dear Shri Bongirwad,

In the month of March 2000, the National Human Rights Commission had convened a Meeting under the Chairmanship of Honourable Justice J. S. Verma, which was attended by Shri M. R. Patil on behalf of Government of Maharashtra as well as Chief Secretaries of seven other States in which there is a sizeable population of denotified communities. This meeting was convened on behest of Smt Mahasveta Devi who is the President of Denotified & Nomadic Tribes Rights Action Group and has been working to rehabilitate the denotified tribals of West Bengal over the last two decades. It was unanimously resolved that the DNT-RAG does the follow up work in different States and meet the Chief Secretaries for discussing welfare measures as well as the cases of violation of human rights involving the denotified tribals. In this connection we wrote two letters to you but received no reply. I was told that the Registrar General of the National Human Rights Commission has had a conversation with you on telephone on this matter. He informed us that we should personally meet you when Smt Mahasveta Devi visits Bombay. However, on inquiring with your office we were told that you will not be available in Bombay on the 9th of November, the day Smt Mahasveta Devi is passing through Bombay. Therefore, we are sending this fax to draw your urgent attention to the following facts :

1. The population of denotified communities in Maharashtra is the highest in India and, at the same time, their economic and educational condition is relatively low in comparison to the dues in other States (such as Punjab, Rajasthan, Madhya Pradesh and Gujarat) which we have visited.

2 The number of atrocity cases or the cases perceived as atrocity by the dues, is alarmingly high in Maharashtra.

3. There are excellent social workers, some of whom are distinguished award winning writers from the dues who are prepared to work for the welfare and rehabilitation of the dues.

4. The awareness about this issue of notification and subsequent denotification is relatively high among the senior police officers in the Maharashtra State.

5. Considering all the above, kindly organise a meeting of senior social workers such as Shri Laxman Gaikwad, Shri Atmaram Kaniram Rathod, Shri Ranjit Naik, Shri Avinash Gaikwad, Dr. Ajay Dandekar and such others for initiating a joint action plan of rehabilitation on the lines of the scheme mooted by Shri Ram Rajya Nimbalkar of Phaltan.

6. Kindly also advise the Police Department to take immediate interest in the following four atrocity cases involving Pardhi victims, all of which have been reported by Shri Avinash Gaikwad of Baramati :

1 Zargarwadi case, Baramati taluka2 Nilkantha Otya Kale case, Aurangabad3 Umrao Rama Bhosle case, Kayak Police Station, District Nasik4 Parewadi case, District Aurangabad

We will be grateful if you let us know the results or the findings of these cases which we can report to the NHRC.

We would like to assure you that we will extend our fullest co-operation to any Department handling the enquiry so that the wrong doers are punished and social justice is met in keeping with the great tribal of social reform that Maharashtra has for its history.

Thanking you,

Yours faithfully,

G. N. Devy

Copy to :

1 Shri Subhash Malhotra, I.P.S., Director General of Police, Maharashtra State2 Shri Laxman Gaikwad, Vice-President, DNT-RAG3 Shri Avinash Gaikwad

22.03.2001

We, the residents of Sanjay Nagar, situated near Dinesh Mill, Vadodara 7, belonging to the Sansi Community which is a Denotified Community, voluntarily form a Social Reform Committee. The Committee will be known as Gujarat Sansi Kalyan Samiti. The Samiti accepts affiliation with the All India Denotified & Nomadic Tribes Rights Action Group, whose headquarters are situated at 6 United Avenue, Near Dinesh Mill, Vadodara 7.

The main Community Workers designated by the Samiti are :

1. Pappu Bhagirath Dabhar

2. Mukesh Mala Dabhar

3. Prabhu Bhagirath Dabhar

4. Rakesh Malia Dabhar

5. Manoj Rutosh Dabhar

DNT/2000/21.6.2000

Shri Ratan Kodekar11/116-167, Bhadreshwar Housing ColonySardar NagarAhmedabad 382 475

Dear Ratan,

It has been a long time since I heard from you.Occasionally Dakshin, Sanjay and Roxy speak to me on telephone. It is good to know that they are all working for Mallikaben and are happy.

I hope someone from Chharranagar will do the follow up of our application to the Social Welfare Department regarding the library space.

Please let me know if any progress is made in that direction. A lot of time and energy has been spent by yourself and our colleagues in creating atleast some movement in Chharanagar.We must not let the movement die. Please therefore do your best to revive it.

I am interested in finding out if our library is still functioning, whether any arrangement for the Librarian's salary is made and if students are asking for books of any particular kind.If I know these things some arrangements can be made.

Please therefore write to me at your convenience.

With best wishes

Yours sincerely

G. N. Devy

DNT/2000/3122.6.2000

Smt. Kiran Vijay Singh, I.A.S.Principal SecretaryGeneral Administration DepartmentGovt. of Madhya PradeshRoom No. 447, 4th Floor, Ballabh BhavanArera Hills,Bhopal, M.P.

Dear Smt. Kiran Vijay Singh,

We had written to you a letter dated 01-03-2000 ,Ref No. DNT/2000/12 requesting suitable date for appointment for Mahashweta Devi and myself subsequent to the meeting held at the National Human Rights Commission.

I am writing again today, since we have not received any reply from you.Smt. Mahashweta Devi and I would like to meet you in the last week of July or on

the Ist week of August to discuss the social welfare provisions for the Denotified and Nomadic groups in your state. I will indeed be grateful if you let me know the date of your convenience.

This will help us to finalise the travel schedule.

With regards.

Yours sincerely

G. N. DevySecretaryDNT-RAG

DNT/2000/3122.6.2000

Shri V. B. P. Nair, I.A.S.Principal SecretaryHome DepartmentHyderabadAndhra Pradesh

Dear Shri Nair,

We had written to you a letter dated 01-03-2000 ,Ref No. DNT/2000/12 requesting suitable date for appointment for Mahashweta Devi and myself subsequent to the meeting held at the National Human Rights Commission.

I am writing again today, since we have not received any reply from you.Smt. Mahashweta Devi and I would like to meet you in the last week of July or on

the Ist week of August to discuss the social welfare provisions for the Denotified and Nomadic groups in your state. I will indeed be grateful if you let me know the date of your convenience.

This will help us to finalise the travel schedule.

With regards.

Yours sincerely

G. N. DevySecretaryDNT-RAG

DNT/2000/3122.6.2000

Shri P. M. A. HakimPrincipal Secretary, Govt. of MaharashtraTribal Development DepartmentHigher & Technical Education DepartmentMantralaya Annexe, 4th FloorMumbai

Dear Shri Hakim,

We had written to you a letter dated 01-03-2000 ,Ref No. DNT/2000/12 requesting suitable date for appointment for Mahashweta Devi and myself subsequent to the meeting held at the National Human Rights Commission.

I am writing again today, since we have not received any reply from you.Smt. Mahashweta Devi and I would like to meet you in the last week of July or on

the Ist week of August to discuss the social welfare provisions for the Denotified and Nomadic groups in your state. I will indeed be grateful if you let me know the date of your convenience.

This will help us to finalise the travel schedule.

With regards.

Yours sincerely

G. N. DevySecretaryDNT-RAG

DNT/2000/3122.6.2000

Shri B. K. Bhattacharya, I.A.S.Chief Secretary KarnatakaSecretariat, BangaloreKarnataka

Dear Shri Bhattacharya,

We had written to you a letter dated 01-03-2000 ,Ref No. DNT/2000/12 requesting suitable date for appointment for Mahashweta Devi and myself subsequent to the meeting held at the National Human Rights Commission.

I am writing again today, since we have not received any reply from you.Smt. Mahashweta Devi and I would like to meet you in the last week of July or on

the Ist week of August to discuss the social welfare provisions for the Denotified and Nomadic groups in your state. I will indeed be grateful if you let me know the date of your convenience.

This will help us to finalise the travel schedule.

With regards.

Yours sincerely

G. N. DevySecretaryDNT-RAG

DNT/2000/3122.6.2000

Smt. Satwant Reddy, I.A.S.Principal Secretary (Welfare)Secretariat, ChandigarhPunjab

Dear Smt. Reddy,

We had written to you a letter dated 01-03-2000 ,Ref No. DNT/2000/12 requesting suitable date for appointment for Mahashweta Devi and myself subsequent to the meeting held at the National Human Rights Commission.

I am writing again today, since we have not received any reply from you.Smt. Mahashweta Devi and I would like to meet you in the last week of July or on

the Ist week of August to discuss the social welfare provisions for the Denotified and Nomadic groups in your state. I will indeed be grateful if you let me know the date of your convenience.

This will help us to finalise the travel schedule.

With regards.

Yours sincerely

G. N. DevySecretaryDNT-RAG

DNT/2000/3122.6.2000

Shri Sandeep Bagchi, I.A.S.Joint SecretaryMinistry of Home AffairsNorth BlockNew Delhi

Dear Shri Bagchi,

We had written to you a letter dated 01-03-2000 ,Ref No. DNT/2000/12 requesting suitable date for appointment for Mahashweta Devi and myself subsequent to the meeting held at the National Human Rights Commission.

I am writing again today, since we have not received any reply from you.Smt. Mahashweta Devi and I would like to meet you in the last week of July or on

the Ist week of August to discuss the social welfare provisions for the Denotified and Nomadic groups in your state. I will indeed be grateful if you let me know the date of your convenience.

This will help us to finalise the travel schedule.

With regards.

Yours sincerely

G. N. DevySecretaryDNT-RAG

DNT/2000/3122.6.2000

Shri Manish Gupta, I.A.S.Chief Secretary, West BengalSecretariat, CalcuttaWest Bengal

Dear Shri Gupta,

We had written to you a letter dated 01-03-2000 ,Ref No. DNT/2000/12 requesting suitable date for appointment for Mahashweta Devi and myself subsequent to the meeting held at the National Human Rights Commission.

I am writing again today, since we have not received any reply from you.Smt. Mahashweta Devi and I would like to meet you in the last week of July or on

the Ist week of August to discuss the social welfare provisions for the Denotified and Nomadic groups in your state. I will indeed be grateful if you let me know the date of your convenience.

This will help us to finalise the travel schedule.

With regards.

Yours sincerely

G. N. DevySecretaryDNT-RAG

DNT/2000/3122.6.2000

Shri Inderjit Khanna, I.A.S.Chief Secretary, RajasthanSecretariat, JaipurRajasthan

Dear Shri Khanna,

We had written to you a letter dated 01-03-2000 ,Ref No. DNT/2000/12 requesting suitable date for appointment for Mahashweta Devi and myself subsequent to the meeting held at the National Human Rights Commission.

I am writing again today, since we have not received any reply from you.Smt. Mahashweta Devi and I would like to meet you in the last week of July or on

the Ist week of August to discuss the social welfare provisions for the Denotified and Nomadic groups in your state. I will indeed be grateful if you let me know the date of your convenience.

This will help us to finalise the travel schedule.

With regards.

Yours sincerely

G. N. DevySecretaryDNT-RAG

DNT/RAG/32

1.07.2000

To,The Conservator of ForestsEastern Division,Nasik

Sir, Our organistion works for the rights of Tribal and Denotified Communities. Smt Mahashveta Devi is our President.

We have received a representation from the residents of the village Pimpaldhar,Taluka- Baglan which falls within your jurisdiction regarding the transfer and allotment of land No. 14-- 43/40/27/21. A list of 35 names containing complete inventory of those who have been cultivating the above said land is enclosed.On making enquiries with the Revenue Department, we were told that the necessary action falls within your authority.

After inquiring the judiciousness and the propriety of the case, we are approaching you with a request to facilitate the allotment and expedite the transfer of the land to those included in the list. I do hope that you will take a sympathetic view of this request

Thanking You

Yours faithfully,

G.N. Devy(Secretary, DNT RAG)

C.C to1) Chief Secretary,Govt of Maharashtra,Secretariat, Nariman Point, Mumbai 400021

2) Smt. Mahashveta Devi, 18/A,Bortika Ballygunje Station Road, Calcutta 700019

DNT/RAG/33

1.07.2000

To,Shri Pathak,The Assistant Collector and Sub Divisional MagistrateSub Divisional Magistrate Office, Chhota Udepur

Sir, There is a small component of Chamtha operation in Chota Udepur and nearby

talukas.The Chamthas are included in the list of the Denotified and Nomadic tribes in the Stateof Gujarat

These people have been traditionally nomadic in habit and have engaged in the work of rock masonary and rock crushing, and usually have kept donkeys as the beast of burden.After the denotification in 1952, they have gradually started settling down.However,since they don't own land their residential rights in the respective villages have remained disputed.

It may be desirable to make a beginning towards the rehbilitation by issuing temporary or permanent ration cards to them.

I enclose a copy of one such complaint to you.We keep receiving complaints like this regularly.Please look into this matter. I hope you will take a sympthetic view view on the land rights towards the Denotified and Nomadic communities and help them in getting their rights.

Thanking You

Yours faithfully,

G.N. Devy(Secretary, DNT RAG)

DNT/RAG/32

1.07.2000

To,The Conservator of ForestsEastern Division,Nasik

Sir, Our organistion works for the rights of Tribal and Denotified Communities.Smt Mahashveta Devi is our President.

We have received a representation from the residents of the village Pimpaldhar,Taluka- Baglan which falls within your jurisdiction regarding the transfer and allotment of land No. 14-- 43/40/27/21. A list of 35 names containing complete inventory of those who have been cultivating the above said land is enclosed.On making enquiries with the Revenue Department, we were told that the necessary action falls within your authority.

After inquiring the judiciousness and the propriety of the case, we are approaching you with a request to facilitate the allotment and expedite the transfer of the land to those included in the list. I do hope that you will take a sympathetic view of this request

Thanking You

Yours faithfully,

G.N. Devy(Secretary, DNT RAG)

C.C to1) Chief Secretary,Govt of Maharashtra,Secretariat, Nariman Point, Mumbai 400021

2) Smt. Mahashveta Devi, 18/A,Bortika Ballygunje Station Road, Calcutta 700019

After inquiring the judiciousness and the propriety of the case, we are approaching you with a request to facilitate the allotment and expedite the transfer of the land to those included in the list. I do hope that you will take a sympathetic view of this request

Thanking You

Yours faithfully,

G.N. Devy(Secretary, DNT RAG)

C.C to1) Chief Secretary,Govt of Maharashtra,Secretariat, Nariman Point, Mumbai 400021

2) Smt. Mahashveta Devi, 18/A,Bortika Ballygunje Station Road, Calcutta 700019

DNT/RAG/34

1.07.2000

To,The Collector and District MagistrateMagistrate Office, SabarkanthaHimmatnagar

Sir,

Our orgnisation works for the welfare of theDenotified and Tribal communitiesand Smt.Mahashveta Devi is our President.

We have received an individual complaint from Shri Chamtha Galbaji Chhaganji, from Village Malpur, Dist Sabarkantha.He has been cultivating land in the Revenue Survey Number --107/2 of Malpur for the last 30 years.The transfer of land to his name has not been made so far.A copy of his application and details of land are enclosed.

Please look into this matter at the earliest. I hope you will take a sympthetic view on thie issue of land rights and help Shri Chamtha Galbaji Chhaganji towards getting his rights.

Thanking You

Yours faithfully,

G. N. DevySecretary

DNT/RAG/35

1.07.2000

To,Shri Mansingh IASPrincipal SecretaryDepartment of Social WelfareGovernment of GujaratSecretriat,Gandhinagar

Dear Shri Mansingh,Please find enclosed the representation received from a Chamtha community in

Panchmahal district.I am also enclosing a photocopy of a Supreme Court judgement in the case of

Gosawis and Dowre Gosawis for your perusal.In our state the Chamthas particularly of Panch Mahals, and the Gosawis in

Baroda, Ahemadabad and Surat districts have not been receiving the benefits of various provisions made by our state for the Social upliftment of the Denotified and Nomadic tribes. I will be extremely grateful if you can consider this issue and initiate some measure of welfare for these communities.

I am preparing a detailed petition on behalf of the (Dowre) Gosawi community.I will be vety grateful if you permit me to discuss it with you in person.

Thankyou

Yours faithfully,

G. N. DevySecretary

DNT/RAG/34

1.07.2000

To,The Collector and District MagistrateMagistrate Office, SabarkanthaHimmatnagar

Sir,

Our orgnisation works for the welfare of theDenotified and Tribal communitiesand Smt.Mahashveta Devi is our President.

We have received an individual complaint from Shri Chamtha Galbaji Chhaganji, from Village Malpur, Dist Sabarkantha.He has been cultivating land in the Revenue Survey Number --107/2 of Malpur for the last 30 years.The transfer of land to his name has not been made so far.A copy of his application and details of land are enclosed.

Please look into this matter at the earliest. I hope you will take a sympthetic view on thie issue of land rights and help Shri Chamtha Galbaji Chhaganji towards getting his rights.

Thanking You

Yours faithfully,

G. N. DevySecretary

DNT/RAG/35

1.07.2000

To,Shri Mansingh IASPrincipal SecretaryDepartment of Social WelfareGovernment of GujaratSecretriat,Gandhinagar

Dear Shri Mansingh,Please find enclosed the representation received from a Chamtha community in

Panchmahal district.I am also enclosing a photocopy of a Supreme Court judgement in the case of

Gosawis and Dowre Gosawis for your perusal.In our state the Chamthas particularly of Panch Mahals, and the Gosawis in

Baroda, Ahemadabad and Surat districts have not been receiving the benefits of various provisions made by our state for the Social upliftment of the Denotified and Nomadic tribes. I will be extremely grateful if you can consider this issue and initiate some measure of welfare for these communities.

I am preparing a detailed petition on behalf of the (Dowre) Gosawi community.I will be vety grateful if you permit me to discuss it with you in person.

Thankyou

Yours faithfully,

G. N. DevySecretary

16.06.2000

Mr. Amit GargDirector, PublicationGyan Publishing House5 Ansari RoadNew Delhi 110 002

Dear Mr. Garg,

Kindly refer to your letter dated 12th June addressed to Smt. Mahasweta Devi regarding writing a Foreword to a proposed publication on denotified criminal communities by Dr. Giriraj Shah, former Inspector General of Police.

In this regard I would like to inform you that Dr. Shah has already sent the text of his Introduction to us with a similar request. After going through the text we found that 95% of the material in it is plagiarized from articles published in the magazine Budhan by us. I am somewhat intrigued by the fact that when I spoke to him on telephone yesterday Dr. Shah gave me the impression that he had not heard the name of the magazine at all. Therefore, I tend to believe that someone else may have compiled the material for Dr. Shah's benefit.

Besides, Dr. Shah has also attached a copy of the proceedings of a national-level meeting at the National Human Rights Commission, Delhi (which contained an extensive note prepared and signed by Smt. Mahasweta Devi and myself). I do not know if that enclosure too is being included in the publication for which Dr. Shah claims authorship.

Smt. Mahasweta Devi and I would indeed like to encourage any publication on denotified communities, and we are prepared to overlook the author's dependence on the sources easily available to him.

However, Smt. Mahasweta Devi will not consider the request for writing a Foreword to Dr. Shah's work unless she is assured by him or you that it is not entirely plagiarized.

It is indeed very interesting that an officer of IGP's rank is taking interest in the work of social upliftment of communities wrongly stigmatised as criminals and thieves and indeed it will be very great contribution to set examples of respectable writing for the scholars of future generations who will work in this area.

I will be grateful if you can kindly reassure us that the proposed work is originally written by Dr. Shah.

With warm regards,

Yours sincerely,

G. N. Devycopy to : Smt. Mahasweta Devi

To,Honorable Justice M.N.VenkatachaliahChairmanCommission for Constitutional ReviewBangalore

Honorable Justice M.N. Venkatachaliah,

On behalf of the Denotified and Nomadic Communities spread in various states of India and on behalf of the organisations formed by the members of these communities as well as voluntary agencies and human rights groups working with them, I would like to submit the following for due consideration by the Constitutional Review Commission ;

1. A Schedule listing Denotified and Nomadic Communities may be added to the Constitution and may be related to the same Articles in the Constitution as the Schedule of Tribes and the Schedule of Castes.

2. If it is found that the introduction of a new Schedule is not fesible or desirable, the communities belonging to the category of Denotified and Nomadic Communities, be identified (with asterix or italics) , in the Schedule of Tribes and the Schedule of Castes.

3. In accordance with the guiding principles of the Constitution and in the nature of social justice ,a specific Constitutional guarantee to the Denotified and Nomadic Communities is requested.

Thanking you

Yours sincerely

G.N. Devy

TO,HONORABLE JUSTICE M.N. VENKATACHALIAHCHAIRPERSONCOMMISSION FOR CONSTITUTIONAL REVIEWBANGALORE

HONORABLE JUSTICE M.N. VENKATACHALIAH,

ON BEHALF OF THE DENOTIFIED AND NOMADIC COMMUNITIES SPREAD OVER VARIOUS STATES OF INDIA, AND ON BEHALF OF THE ORGANISATIONS FORMED BY THE MEMBERS OF THESE COMMUNITIES, AS WELL AS VOLUNTARY AGENCIES AND HUMAN RIGHTS GROUPS WORKING WITH THEM, I WOULD LIKE TO SUBMIT THE FOLLOWING :

1. A SCHEDULE LISTING DENOTIFIED AND NOMADIC COMMUNITIES MAY BE ADDED TO THE CONSTITUTION TO BE RELATED TO THE SAME ARTICLES IN THE CONSTI- TUTION AS THE SCHEDULE OF TRIBES AND THE SCHEDULE OF CASTES.

2. IF IT IS FOUND THAT THE INTRODUCTION OF A NEW SCHEDULE IS NOT FOUND FEASIBLE OR DESIRABLE, THE COMMUNITIES BELONGING TO THE CATEGORY OF DENOTIFIED AND NOMADIC COMMUNITIES BE IDENTIFIED ( WITH ASTERIX OR ITALICS) IN THE SCHEDULE OF TRIBES AND THE SCHEDULE OF CASTES.

3. IN ACCORDANCE WITH THE GUIDING PRINCIPLES OF THE CONSTITUTION AND IN THE NATURE OF SOCIAL JUSTICE, A SPECIFIC CONSTITUTIONAL GUARANTEE TO THE DENOTIFIED AND NOMADIC COMMUNITIES IS REQUESTED.

THANKING YOU

YOURS SINCERELY

G.N. DEVY

DNT/RAG/3718 . 7 . 2000

Shri B.P. Sharma (IAS)Deputy SecretaryAdministration DepartmentGovernment of Madhya PradeshSecretariat, Bhopal

Dear Shri B.P. Sharma,

Thankyou for your letter number 8-22/2000/1/13, dated 10 July 2000 asking us about points of our agenda .

After discussing the matter with Shri Shekar Dutt, I would like to confirm that Tuesday the 29th of August be decided as the date for the meeting. I and Mahashweta Devi plan to arrive at Bhopal from Baroda on the 29th morning. I will be grateful if you could arrange for our accomadation at the Bhopal circuit house, and kindly send to me the particulars of accomadation. Smt Mahashweta Devi is advanced in age and keeps indifferent health. therefore I will appreciate your kind gesture. As agenda for the meeting, we suggest the following points

1. Resettlement of Kanjars, south of Indore.2. Literacy education for girls.3. Police training and sensitisation. Dr. K.K. Chakravarty, Director - Musem of Man, Bhopal, had organized a useful seminar on the DNT's last year in Bhopal.We will feel very pleased if he too is invited for this meeting.

with regards

Yours sincerely

G. N. Devy

C.C. to Shri Shekar Dutt SM,( IAS), Principal Secretary, Dept. of Tribal Welfare,Govt. of Madhya Pradesh, Vallabh Bhawan, Bhopal 462004.

DNT/RAG/3818 . 7 . 2000

Shri Amar Singh (IAS)Human Rights DepartmentMinistry of Home AffairsGovernment of Rajasthan,Secretariat, Jaipur

Dear Shri Amar Singh,

Thankyou for your letter dated 7.7.2000 ,number F . 2 (1) HHR / 2000, regarding the meeting related to the Denotified tribes of Rajasthan.

I am writing to confirm that Smt. Mahashveta Devi and I will participate in the meeting. We plan to arrive in Jaipur on the evening of 2nd August or early morning on the 3rd from Delhi.I will be grateful if you could arrange for our accomadation at the Jaipur Circuit House, and kindly send to me the exact particulars of the accomadation.

Smt. Mahashweta Devi is advanced in age and keeps indifferent health. Therefore, I will appreciate your kind gesture.

As tentative agenda for discussion I enclose a copy of the minutes of the NHRC meeting held in Delhi on 15th February, 2000.

With regards,

Yours sincerely

G. N. Devy

You are cordially invited to attend the

performance of a short play in Hindi

Tanuja Deepak Pawar

and the discussion following it,

on Tuesday, the 8th August,

at 6.30 p.m.

Smt. Mahasveta Devi will be the Chief Guest for the programme

Venue :

Mahavir Kasaratshala,Near Water Tank, KubernagarAhmedabad

Secretary, DNT-RAG

R.S.V.P. : Advocate Ratan Kodekar, Tel. 2863232

01.07.2000

Shri K. V. S. RaoAssistant to ChairpersonNational Human Rights CommissionSardar Patel BhawanSansad MargNew Delhi 110 001

Dear Shri Rao,

We expect the following persons to reach the National Human Rights Commission office tomorrow, i.e.Wednesday, 2nd August 2000 :

I) At 3.00 p.m. :

1. Smt Mahasveta Devi, DNT - Rights Action Group2. Dr. G. N. Devy, DNT-RAG3. Shri Laxman Gaikwad, DNT-RAG4. Dr. Anil Pandey, DNT-RAG5. Dr. Manager Pandey, DNT-RAG6. Dr. Meena Radhakrishna, DNT-RAG7. Shri P. Satchidanandan, DNT-RAG8. Smt Geeta Dharmarajan, DNT-RAG9. Shri Tathagat Bhattacharya, DNT-RAG

II) At 4.00 clock :

Smt Satwant Reddy, I. A.S., Welfare Secretary, Government of Punjab

I am extremely grateful that you arranged for the Meeting at the NHRC. The Meeting is scheduled at 4.00 p.m. However, our other colleagues will reach the office at 3.00 p.m. to discuss and decide the exact Agenda.

With warm regards,

Yours sincerely,

G. N. Devy

Honourable Justice J. S. VermaChairpersonNational Human Rights CommissionSansad BhavanSardar Patel BhavanNew Delhi 110 001

Honourable Justice Verma,

Shri Umrao Rama Bhonsale belonging to the Pardhi denotified community in Maharashtra was killed in police firing on the night of Saturday, the 19th August 2000, in the area of Karjat police station, Taluka Karjat, Dist. Ahmednagar. The police shot at a number of others. Some others are injured, of whom Pintya Unchya Kale is one. The person who died has a three year old girl shild and a wife. Her name is Chingalabai Umrao Bhonsale. She has contacted me and requested me to beg for justice and protection from you. The body of the deceased was handed over to his brother in law; but the police have framed cases against more than twenty Pardhis to justify the killing. Besides other Pardhis are being chased into Satara and Pune districts. There is so much fear that a large number of them are on the run.

I requested urgent action from the National Human Rights Commission so that the victimised community can return to their daily work. I further request that if the police department is found responsible for the killing, the persons, concerned be punished according to the law and a suitable compensation be paid to the daughter and the wife of the deceased.

I wish to personally visit you to plead for justice if an appointment can be given today afternoon. I will be in Delhi today (contact telephone between 11 a.m. & 2 p.m. 3387064 -- Sahitya Akademi), and will be most grateful for the favour.With regards,

Yours sincerely,

(Signed for G. N. Devy)

28.08.2000

Shri Shekhar Dutt, I.A.S.Principal SecretaryGovernment of Madhya PradeshBhopal

Dear Shekharji,

I am truly sorry that the meeting scheduled for the 29th August will be required to be postponed owing to Smt Mahasveta Devi's inability to travel to Bhopal this week. However, we will both be in Bhopal to attend a seminar at the Indira Gandhi Rashtriya Manav Sangrahalaya on 3rd and 4th of October. And I will be most grateful if you consent to schedule the meeting on the afternoon of the 3rd October. Kindly confirm if this date suits you.

With warm regards,

Yours sincerely,

G. N. Devy

DNT/2000/41

07.11.2000

Shri Bongirwad, I.A.S.Chief SecretaryGovernment of MaharashtraNariman Point Bombay

Dear Shri Bongirwad,

In the month of March 2000, the National Human Rights Commission had convened a Meeting under the Chairmanship of Honourable Justice J. S. Verma, which was attended by Shri M. R. Patil on behalf of Government of Maharashtra as well as Chief Secretaries of seven other States in which there is a sizeable population of denotified communities. This meeting was convened on behest of the Denotified & Nomadic Tribes Rights Action Group of which I am the President. It was unanimously resolved that the DNT-RAG does the follow up work in different States and meet the Chief Secretaries for discussing welfare measures as well as the cases of violation of human rights involving the denotified tribals. In this connection we wrote two letters to you but received no reply. We were told that the Registrar General of the National Human Rights Commission has had a conversation with you on telephone on this matter. He informed us that we should personally meet you when I visit Bombay. However, on inquiring with your office I was told that you will not be available in Bombay on the 9th of November, the day I am passing through Bombay. Therefore, we are sending this fax to draw your urgent attention to the following facts :

1. The population of denotified communities in Maharashtra is the highest in India and, at the same time, their economic and educational condition is relatively low in comparison to the denotified communities in other States (such as Punjab, Rajasthan, Madhya Pradesh and Gujarat) which we have visited.

2 The number of atrocity cases or the cases perceived as atrocity by the denotified communities, is alarmingly high in Maharashtra.

3. There are excellent social workers, some of whom are distinguished award winning writers from the denotified communities who are prepared to work for the welfare and rehabilitation of these communities.

4. The awareness about this issue of notification and subsequent denotification is relatively high among the senior police officers in the Maharashtra State.

5. Considering all the above, kindly organise a meeting of senior social workers such as Shri Laxman Gaikwad, Shri Atmaram Kaniram Rathod, Shri Ranjit Naik,

Shri Avinash Gaikwad, Dr. Ajay Dandekar and such others for initiating a joint action plan of rehabilitation on the lines of the scheme mooted by Shri Ram Rajya

Nimbalkar of Faltan.

6. Kindly also advise the Police Department to take immediate interest in the following four atrocity cases involving Pardhi victims, all of which have been reported by Shri Avinash Gaikwad of Baramati :

1 Zargarwadi case, Baramati taluka2 Nilkantha Otya Kale case, Aurangabad3 Umrao Rama Bhosle case, Kayak Police Station, District Nasik4 Parewadi case, District Aurangabad

We will be grateful if you let us know the results or the findings of these cases which we can report to the NHRC.

We would like to assure you that we will extend our fullest co-operation to any Department handling the enquiry so that the wrong doers are punished and social justice is made in keeping with the great tradition of social reform that Maharashtra has for its history.

Thanking you,

Yours faithfully,

Mahasveta Devi

Copy to :

1 Shri Subhash Malhotra, I.P.S., Director General of Police, Maharashtra State2 Shri Laxman Gaikwad, Vice-President, DNT-RAG3 Shri Avinash Gaikwad, social activist, Baramati

DNT/2000/

25.11. 2000

ManagerState Bank of IndiaBaramati 413102

Sir,

With reference to our telephonic conversation regarding the investments made from the compensation given by the Police Department to the heir of the deceased Shri Pinya Hari Kale, and deposited with your branch, I would like to recommend in my capacity as signatory and advisor to the two accounts, the following :

1. As Shri Vaijnath Pinya Kale is no more alive, the interest accruing on the amount deposited in his name and held in Trust by the Bank, maybe remitted to Smt Chandrasena Pinya Kale for the period as specified in '2'.

2. The period for which Smt Chandrasena Pinya Kale becomes the beneficiary be restricted to the duration till Shri Vaijnath's immediate brother becomes legally qualified to operate the account on attaining the stipulated age of 18.

Kindly take the necessary steps to enable the members of the family to avail the compensation for the purpose for which it was paid.

Thanking you,

Yours faithfully,

G. N. DevySecretaryDNT-RAG

DNT/2000/08.12.2000

Dr Giri Raj Shah, I.P.S.Century Pulp & PaperLalkua 262 402Dist NainitalUttaranchal

Dear Dr Shah,

Please refer to your letter dated 29.11.2000 regarding the Foreword of your proposed volume. Smt Mahasveta Devi lives in Calcutta. Her address is 18 A Ballygunj Station Road, Calcutta 700 019 and her telephone number is 4408777. In the past I have spoken to you on telephone and subsequently I have written to your publishers. It is sad that your publisher did not forward my letter to you or consult you on this matter. When your first letter came with a typescript enclosed, we found that the material contained in it was mostly plagiarised. The articles from which it was plagiarised have been published in the Budhan magazine. When I spoke to you on telephone you stated that you were completely unaware of the existence of such a magazine, which was surprising. After that I wrote to your publisher asking if he was certain that the rest of the book too is not based or borrowed materials. He wrote back promptly refuting the suggestion. Thereupon, we published a section from the typescript, side by side with the original source of the material in the Budhan issue of April-June & July-September 2000. I will feel highly obliged if you prepare a statement explaining the miraculous similarity between what you claim to be your writing and the identical piece published in Budhan (and prior to that in The Times of India, Delhi), which looks in every word like its source. As editor of Budhan, I think it is fair for me to give you an opportunity to make a statement in your defence. I must add however, that I happen to be the author of the original piece. There are other sections in your typescript which read identical with other texts produced by other persons involved with the Denotified & Nomadic Tribes Rights Action Group. Meanwhile, I am forwarding your recent dispatch to Smt Mahasveta Devi.

Yours sincerely,

G. N. Devy

Copy to : Smt Mahasveta Devi

DNT/2000/

16.12.2000

Honourable Justice BhattChairpersonCommission for Other Backward CommunitiesBungalow No 228/1-Kh-1Sector No 19Gandhinagar 382 019

Honourable Justice Bhatt,

With reference to the letter from Shri S. C. Gosai, Secretary, Commission for Other Backward Communities (dt 11.01.2000; No APV/8/1) in response to our letter (dated 24.12.1999; No DNT/99/66), regarding the inclusion of Gosai (Davri) community in the list of Other Backward Communities, I humbly submit the following :

1. Shri Narayan Nana Segar, who is a highly respected social worker and cultural leader of the Gosai Davri community, has prepared, as per your advice, a list of heads of families belonging to the said community and residing in the State of Gujarat. Their list is enclosed for your perusal.

2. The Social Welfare Department is familiar with the living conditions of this community and we are requesting the District Social Welfare Officer to send their comments on the matter for your consideration.

3. A recent Supreme Court Judgement in the case of the nomadic Gosai community in Maharashtra to which the roots of Gosai (Davri) community can be traced historically, has ruled that the said community be given the benefit of inclusion in the State list of nomadic communities. A copy of the Judgement is enclosed for your information.

4. Considering all the above, I humbly request you to arrange for a hearing of the Elderman of the community in your office or an inspection of their locality in Baroda, Surat or Ahmedabad. We will be glad to be of assistance to you in this matter.

Thanking you,

Yours sincerely,

G. N. Devy

Submitted through : District Welfare Officer (OBC-DNT section)

Copy to : Shri Narayan Nana Segar, Bhairav Nagar, Mujmahuda, Post Akota, Vadodara

DNT/2000/

04.01.2001

Shri C. D. PatelSecretaryOffice of the Commission for

Other Backward CommunitiesBungalow No 228/A,'kh' TypeSector - 19Gandhinagar

Sub. : Regarding inclusion of Gosai (Davri) community in the State list of Other Backward ClassesRef : OBC/COM/FNo. 168/2000/1030

Dear Shri Patel,

Kindly refer to your letter dated 21st December 2000 to Smt Mahasveta Devi, President of DNT-RAG, which she has directed to me for the necessary action.

In this regard I would like to inform you that the particulars about Gosai (Davri) community asked for by you were sent by post to the Commissioner, Other Backward Communities on 16th December 2000. A copy of that communication is enclosed for your perusal. We have received a reply from the Commission in response to this letter and an on the spot inquiry is scheduled for the 29th of January at Baroda which may please be noted.

With warm regards,

Yours sincerely,

G. N. Devy

Copy to : Smt Mahasveta Devi, President, DNT-RAG

DNT/2001/0426.01. 2001

Dear

You know that almost all my life I have been fighting for the tribals. Bonded labour, tribal land alienation, contractor's labour, tribal forest rights, tribals exposed to silicosis and asbestosis hazard in Singbhoom, exploitation of tribal women in brickfields of West Bengal. I have written reports, fought with the authority, did what I could. Then I fought for the denotified tribes of India and fought court cases for denotified tribal killings on behalf of the Paschim Banga Kheria Sabar Kalyan Samiti of Purulia, West Bengal, of which I happen to be the Working President. Then in 1998, I founded an all India forum for the rights of denotified communities. In March 1998 we established the Denotified & Nomadic Tribes Rights Action Group as an all India organisation. Since then our movement has spread to many states and has received considerable attention in the media at the national level. During these years I have met excellent younger workers like Laxman, Ganesh, Kanji, Ratan, Meena, Ajay, Avinash, Ratankatyayni, as well as senior leaders like Ranjit Naik, Anil Pandey, Atmaram Rathod and many others.

I have been seeing tribal land eviction for dam and industry construction from the time of the Damodar Valley dam construction, Ranchi Heavy Industries, and Bokharo Plants. I think, it is time to identify the exact problems faced by the tribals. Mass tribal land eviction is going on for decades for big dam and other constructions. Forests are filled and forest dependent tribals are largely evicted.Agricultural tribal communities are forced to become casual labours. Tribals of India have become a floating mass, nameless and faceless. They are denied of every right promised in the Constitution.The so-called reservation has not benefited the tribals as they are absolutely marginalised. They have been denied of education and other benefits. From the time of Independence till date, Government of India spends oceans of money for tribal development. Who benefits? Definitely not the tribals. Every law and act made for protection of the tribals benefit non-tribals.

The denotified communities are even worse off. They have become totally expendable to the system. So if the evicted tribals are denied of land for land, or money for land, the denotified communities are hounded and tortured by police and society, all the time.I appeal to you all to found a common forum for the tribals and the denotified communities of India and form a common front.

I am now seventy five and we need to lead our movement to its ultimate conclusion by entering the phase of a massive jan-jagaran programme, and challenging the Government of India through the Supreme Court. Therefore, we will need an organisational discipline so that our limited resources are used effectively and the desired results are achieved. I would therefore like to invite - all of you who feel for the tribals and denotified communities - to join hands with me once again and to create a National Forum for the rights of Tribals and Denotified Communities (The National Forum for Tribals and Denotified Communities) with headquarters at 6 United Avenue, Near Dinesh Mill, Vadodara 390 007.

Based on my experience of long years, I visualise the new organisation to have the following components :

1. Every DNT locality will nominate one representative

2. In every state a Coordination Committee. Though I am not in a position to travel so much, I will try to travel to every state once a year to meet the Co-ordination Committee.

3. One Co-ordinator for every state.

4. Every community in each state will form a Committee on the line of Paschim Bangal Kheria Sabar Kalyan Samiti, taking into consideration of the local needs.

5. We will have one national level meeting of all members of State Co-ordination Committees in the month of March to chart out the course of action for the coming months.

I appeal to you in the interest of the most oppressed to come together and give your all to this movement which I am launching out of desperation as the very ultimate in my life.

Yours,

Mahasveta Devi

DNT/2001/

26.01.2001

Honourable Justice J. S. VermaChairpersonNational Human Rights CommissionSardar Patel BhavanSansad MargNew Delhi 110 001

Honourable Justice Verma,

I write this letter out of desperation and anxiety regarding the results of the historic Meeting that you so kindly convened on 15th February last year on the issue of denotified communities and which was attended by government representatives of 8 States. You may recall that one of the most important resolutions passed during that Meeting was regarding repealment of Habitual Offenders Acts in different States.

Subsequent to the Meeting and in accordance with your directions, I and other office bearers of the Denotified & Nomadic Tribes Rights Action Group, had Meetings with the Welfare Secretaries of Punjab and Gujarat, and Chief Secretary of Rajasthan. The Chief Secretary of Maharashtra was inaccessible and unavailable despite several attempts made by us to contact him. None of the 8 States represented in the Meeting and party to the Resolution of repealing the Habitual Offenders Acts have made any attempt in that direction so far. If this is the situation, pardon me for saying that the State Governments are making a mockery of the noble principles that the National Human Rights Commission seeks to follow, and this is also an instance of complete lack of sensitivity towards the human rights and welfare needs of the most underprivileged denotified and nomadic communities.

Sir, while working with these communities my colleagues and I experience day after day and in each and every locality of tribals and denotified communities, a limitless desperation and alarming sense of dismay. I, for one, will be least surprised if a total cynicism towards the Indian Constitution and the rule of Law develops among these people. Considering that the situation of complete apathy persists, I would like to urge the NHRC to convene an urgent Meeting of government representatives of all those States that participated in the last Meeting and call for

an Action Taken Report (ATR) from each of the States. I do not know if the NHRC is in a position to deal with the contempt of its Directives, however, I distinctly recall that during the Meeting you had mentioned that the word 'shall' used by you will be interpreted by the States with sufficient respect. Further, my prayers are to allow me as well as Vice President of DNT-RAG, Shri Laxman Gaikwad and Secretary of DNT-RAG, Dr. G. N. Devy, to attend the Meeting as and when it is convened. On behalf of all tribals and denotified communities of India without any ray of hope, I will be most grateful to the NHRC and you, in particular.

Thanking you,

Yours faithfully,

Mahasweta Devi

24.03.2001

Shri K. R. NarayananHonourable President of IndiaRashtrapati BhawanNew Delhi 110 001

Honourable Shri Narayanan,

I write out of an immense sense of anxiety and concern for the shocking idea that any bill like the Madhya Pradesh Special Areas Security Bill 2000 can acquire the status of law in our country. I appeal to you for your immediate intervention in the matter and to stop the passage of the bill which will become a lethal weapon in the hands of the police and the bureaucracy for use against outspoken critics of the system.

On behalf of all my tribal friends and colleagues, I request that the progress of this idea be brought to an immediate halt by using whatever Constitutional powers are vested in your office.

With warm regards,

Yours sincerely,

Dr. G. N. Devy Secretary, DNT-RAG

Copy to :1. Governor, Madhya Pradesh, Rajyapal Bhawan, Bhopal.2. Shri J. S. Verma, Chairman, National Human Rights Commission, Sardar Patel Bhawan, Sansad Marg, New Delhi 110 001.3. Honourable Chief Minister, Madhya Pradesh, Shamla Hills, Bhopal.4. President, All India Congress Committee, (Congress I), 20 Janpath, New Delhi 110 0015. Shri Raghvendra/Shamim, Shramik Adivasi Sangathan, Shahpur, Dist. Betul, Madhya Pradesh 460 4406. Ms Seema Misra, Amnesty International, G 13, 1st Floor, Hauz Khas Market, New Delhi 110 016.