One Year of Khagrabari Massacre

Quest for Justice Continues

Research & Writing by

Abdul Kalam Azad

Research & Editorial Assistance by

Aman Wadud

Jhai Foundation

Hatkhuwapara, Azara, Guwahati

 

One Year of Khagrabari Massacre

Quest for Justice Continues Published on First Anniversry of Khagrabari Massacre (Narayanguri, BTAD)

© Jhai Foundation

Published by Jhai Foundation with financial assistance from Dr. Tufajjal Hussain, Life Member, Char Chapori Sahitya Parishad, Asom

Cover Photo by: Chiranjit Gayen

Copy Editor : Parvin Sultan

Cover Design : Sultan Mahmud Mirdha

Printed by : Soft N Tech, Hatigaon, Guwahati -38

Material from this report may be used, duly acknowledging the source

 

To all the victims and survivors of

targeted violence in Assam

Table of Contents

List of Abbreviations ii

Map iii

Acknowledgement iv

Foreword v

Chapter 1 Executive Summery 1

Chapter 2 Khagrabari Massacre and the history of recurrent violence in BTAD 4

Chapter 3 Genesis and Institutionalization of our engagement 12 Chapter 4 Working with the victims 15

4.1 Initial Interventions in Khagrabari Camp 15 4.1.1 Psychosocial Care 15 4.1.2 Relief and Humanitarian Assistance 18 4.1.3 Loss and Relief Gap Assessment 19 4.2 Long Term Work 21 4.2.1 Legal Intervention 22 4.2.2 Entitlement 23 4.3 Activities in other places 25 4.3.1 Hapachara IDP Camp 25 4.3.2 Dwaimuguri Killings 25 4.3.3 Boguriguri Killings 26 4.3.4 Dhekiajuli (Adivasi Massacre) 26 4.3.5 Biswanath Chariali (Adivasi Massacre) 26 4.3.6 Participation in Consultation 27

Chapter 5 Future Course of Action 28

Annexure i) NIA Charge-sheet 30 ii) Article by Aman Wadud on Adivasi Massacre 47 iii) Articles by Abdul Kalam Azad on Hapachara IDP Camp 54 iv) List of Functionaries of Jhai Foundation 56 v) List of Team Members of PEC’s project ‘legal and entitlement support 56 vi) List of Team Member of Aman Biradari’s project ‘Psychosocial Support’ 56

References 56

ii  

List of Abbreviation

ABSU : All Bodo Students’ Union AHRC : Asian Human Rights Commission BAC : Bodo Accord BPAC : Bodo Peoples’ Action Committee BTAD : Bodoland Territorial Area Districts BTC : Bodoland Territorial Council BLT : Bodo Liberation Tigers BPL : Below Poverty Line DC : Deputy Commissioner EPW : Economic and Political Weekly FIR : First Information Report IAY : Indira Awas Yojna IDP : Internally Displaced Persons LS : Lok Sabha NIA : National Investigating Agency MGNREGA : Mahatma Gandhi National Rural Employment Guarantee Act PESA : Panchayat Extension in Schedule Area PEC : Peace and Equity Cell PRA : Participatory Rural Appraisal NDFB : National Democratic Front of Bodoland RTI : Right to Information SDO : Sub Divisional Officer ST : Schedule Tribe

iii  

Map

iv  

Harsh Mander (Aman Biradari), Prita Rani Jha (Peace and Equity Cell), Meghali Senapati (TISS, Guwahati), Santhosh MR (TISS,

Guwahati), Shalini Sharma (TISS, Guwahati), Monirul Hussain (Gauhati University), Teresa Rahman (Thumb Print Magazine),

Seema Mustafa (The Citizen), Ashiquzzaman, Bahadur S. (Rainbow Home), Sajjad Hassan (Aman Insaaf Manch), Mangla Verma (Aman Insaaf Manch), Mahtab Alam (Amnesty International), Ratnadeep Choudhury (Tehelka), Mokhlesur Rahman (Human Right Lawyer),

Syed Ali Safvi (Press TV), Sefali Saini (Delhi Solidarity Forum), Rezwan Hussain (Bagh Hazarika Centre for Cultural Studies) Sofiul

Islam Khan (Bagh Hazarika Centre for Cultural Studies), Vivek Rawal (People in Centre), Mustafa A. Barbhuiya (John Hopkins

University), Anjumanara Begum (Human Right Defender), Abdul Gani (Times of India), Zeenat Arifa Ahmed (Corporate Professional),

Earful Hussain, Mahmud S. Sikander, Rupam Das (Save the Children), Rajan Mohanty (Save the Children), Raju Narzary

(NERSWN), Rashidul Islam, the boatmen, the jawans and officers of IRBN camp at Khagrabari, government officials, the community and

the victims.

 

ACKNOWLEDGEMENT

v  

FOREWORD

It has been a known fact, that the marginalized communities like Muslims of Bengal origin and Adivasis in Assam have been made soft target by different militants and chauvinist groups in the post-independent period. The agitators of Assam Movement killed several thousand people of Bengal origin Muslims in Nellie, Chaowalkhua Chapori, Nagabandha and in many other places. In Nellie alone, more than three thousand people were killed by the agitators with active help from right wing groups. Though FIRs were filed against the perpetrators, as many as 1668 people were arrested, the investigating agency filed the charge-sheet – however, all the cases were dropped to fulfill the political interest of the ruling class. Again, Bodo Movement has killed several thousand people from both Muslims and Adivasi community; lakhs of them have been uprooted from their homes. Thousands of them are still languishing in the relief camps in BTAD and adjoining districts. The Governments – both State and the Central have never bothered to rehabilitate them. Rather, there are instances where government machinery allowed the conflict induced people to be killed in the relief camps by the extremists!

In the year 2014 alone, the outlawed NDBF (S) had carried several massacres in BTAD and adjoining districts including infamous Khagrabari Massacre (May) and Adivasi Massacre (December). The history of these killings of marginalized people shows that none of the killers have ever been brought to justice. In fact almost all the political parties tried to draw the maximum political benefit out of these massacres. Even the civil societies of Assam have miserably failed to arouse the collective conscience of the society.

We, a small civil society group, had decided to intervene on the Khagrabari Massacre. We tried our best to provide not only relief materials to the victims, but to support their struggle to lead a normal life through interventions like psychosocial care, legal and entitlement support etc under the guidance, supervision and active support from the experts like human right worker Harsh Mander, Legal Activist Prita Rani Jha, Bahadur S. and others. This report is the live stories of struggle of the victims and survivors of Khagrabari massacre as well as the trajectory of Jhai Foundation as an organization from an informal committed group. We look forward for comments and suggestions to improve our engagement with the victims and survivors of targeted violence in Assam. Dr. Hafiz Ahmed, President, Jhai Foundation. Dated 2nd May, 2015 Azara, Guwahati

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Chapter 1

Executive Summery

On 1st and 2nd May of 2014, the suspected Bodo militants along with direct assistance of BTC administration carried out a worst form of carnage in Kokrajhar and Baksa districts of BTAD in the northeastern state of Assam. On International May Day, the self styled savior of marginalized Bodo community killed four innocent Muslims in Narshingbari village under Baksa district. On 2nd of May, 2014, the militants along with active participation of forest guards of BTC administration destroyed an entire village called Khagrabari which just is a few kilometers away from Narshingbari. In a meticulously planned attack, 41 people were killed and the entire village was set ablaze. Most of the victims were women and children. Similar attack was carried out in Balapara area of Gossaigaon in Kokrajhar district.

Assam has a long history of police inaction and impunity. In Assam, not a single perpetrator of communal and targeted violence has been punished so far including the criminals responsible for the infamous Nellie massacre where more than three thousand Muslims were killed within a couple of hours in broad day light in 1983. The history of impunity in BTAD area is more grave and shocking, the tripartite BTC accord signed in 2003 by Government of India, Government of Assam and BLT called off the cases against all perpetrators of ethnic violence since 1987 under government of Assam’s surrendered militant’s policy. This culture of impunity is seen as one of the major cause of growing rate of recurring violence against the non-Bodos, especially Muslims in BTAD area. Many of the victims witnessed multiple violence in their life time. The survivors of 1994

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Bashbari Massacre1 were again victimized in 2014 Khagrabari Massacre. One survivor of Bashbari Massacre, who bears a bullet mark on his neck and lost his mother in 1994 massacre lost his daughter in 2014 massacre. Justice has always been a distant dream for these ill fated Muslims living in BTAD area. At the same time the violence induced internally displaced persons are often discriminated and deprived from availing government sponsored schemes and safety net measures. Thousands of families displaced during 1993 violence are still languishing in the IDP camps in various parts of BTAD area as well as outside BTAD area. No government schemes and programmes are reaching those ill fated people.

However, after the Khagrabari Massacre, a group of young and energetic people came out from their comfort zone and decided to stand in solidarity with the victims of this barbaric massacre. The young activists were fortunate enough to be guided by one of the most respected human right workers of the country Mr. Harsh Mander. The group was also provided training and capacity building by experts from various fields like humanitarian crisis management, psychosocial support, legal assistance, media advocacy etc. The group started their activities with the victims of Khagrabari Massacre within a very short span of time under the guidance of Harsh Mander and his organization Aman Biradari. They went to Khagrabari for just one month to provide psychosocial support to the victims of the massacre. But they realized the victims needed more than psychosocial support; the group pushed their boundary beyond psychosocial support and undertook other initiatives as well. They conducted loss and relief gap assessment and came up with the key findings and approached various stakeholders including district administration to ease the suffering of the victims. Many organizations and individuals extended their support to the victims in response to the approach of their appeal. However, the government machinery remained reluctant towards the suffering of those disastrous people.

Ensuring the delivery of ‘legal justice and entitlement’ to the victims emerged as one of the most important priority. In the meanwhile the group was successful in getting in touch with legal activist and author Prita Rani Jha. Ms. Jha has a long history of working with the victims of communal violence in Gujarat. She shouldered the responsibility of

                                                            1 Violence induced IDPs from the nearby villages were taking shelter in a government manned camp at Bashbari and they were attacked in the camp itself. 

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providing training and moulding the group to be competent to take up legal and entitlement intervention to ensure justice for the victims. Her organization ‘Peace and Equity Cell’ started a project with the group to provide legal and entitlement support to victims of the Khagrabari Massacre and encouraged the group to get institutionalized.

Thus the group started working with Prita Jha under the aegis of her organization ‘Peace and Equity Cell’. Eventually, the group got registered under the Societies Registration Act as an NGO namely ‘Jhai Foundation’ on 6th of June, 2014.

This report is an endeavour to bring out the live stories of struggle by the victims of Khagrabari Massacre and the engagement of workers and volunteers of Jhai Foundation as well as evolution of Jhai Foundation as an responsible organization in the field of victims support domain. It also tries to draw the contemporary socio-political portrait of BTAD area in this report.

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Chapter 2

Khagrabari Massacre and the history of recurrent violence in BTAD

On 2nd of May, 2014, the villagers of NC Khagrabari were passing every minute in fear and anxiety. Previous night’s incident at Narshingbari already rang the alarm bell for them. They thought, there might be an indefinite curfew due to the incident. The relocation of Bodo families from places like Anandabazar and Kalapani just few kilometres from Khagrabari caused more panic for its villagers and adjoining areas. But they never thought that their village too could be attacked; rather they were in apprehension that they will have to suffer from the indirect impact of the violence and subsequent curfew. The men folk went to the nearby market to purchase the essential commodities and to sell out produces, some of them also went to the Janaja (last rite) of those victims who lost their lives previous night at Narshingbari. At around 3:30pm, the

Thirty six years old Habibar Rahman didn’t pay much attention to the sounds of gunshots. He continued feeding his buffalos in grazing land. But the sounds of gunfire increased and seemed to be coming from his village. He suddenly heard the sound of screaming of women and children and saw black smoke coming out from the huts. He rushed to the village through a narrow lane. He saw the villagers were running towards the jungle and forest beat office. As most of the man folk went to market only women, children and elderly were in the village. He saw his seventy years old mother Ayesha Khatun is also running to save her life. The forest guards and some unidentified extremists were firing upon the villagers indiscriminately. He could identify some of the forest guards – Jayanta Bodo, Anil Bodo and Bijit Bodo among them.. They all were firing their assault rifles. Suddenly he saw that another forest guard Rajen Bodo shot his mother. Seventy years old Ayesha lay down on the ground. Habibar couldn’t help his dying mother! He ran into deep inside the forest!!!

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villagers heard the sound of gunshot in the western part of the village. The sound of the gunshot reminded them of the incident of previous night and they started running here and there to save their lives. Many of them ignored the sound as there is a forest beat office about 2 kilometres far from the western end of the village and the forest guards often open fire to keep away wild elephant, tiger and sometimes smugglers. A woman who fortunately hid inside the toilet to escape from bullet, suddenly she discovered that

the militants were not only resorting to use the firearms; they also ablaze their houses and moved towards the next household. She didn’t have time to think about her own security, she entered inside the burning hut, picked her baby and ran towards the forest. The gunshot increased, the flames of the fire touched the sky.

A group of women were taking health advice from a traditional healer at one of their houses; the children were crowding the healer as if something amazing was going on. Suddenly, everybody started running after hearing the repeated gunshot and seeing the flame as well as the black smoke; but they didn’t know where to go. Some of them ran towards the forest and some other towards the forest beat office at the eastern end of the village. They thought that the armed forest guards would protect their lives. Out of the blue they discovered that the forest guards have closed the door of the beat office and taken position in strategic locations to kill them. The forest guards whom they know by name, who used to visit their houses often to collect vegetables and other stuffs were firing upon them.

For a ten year old boy it was like a bolt from the blue, who used to call a forest guard ‘uncle’; witnessed that he was the target of his uncle’s (?) firearm! Fortunately, he kneels

Suddenly, Mofidul (10) noticed that he was also being targeted; he knelt-down on the ground and escaped the bullet. “I ran faster into the deep inside the forest, climbed a tree and saw how people were being killed”. He stayed in inside the forest for a long time until someone announced from the loudspeaker of the only Masque in the village that the terrorists have fled and asked to return to the village all those who were alive and hiding in the forest. Darkness of night swallowed up the village, some houses were still burning. Army and people from other side of the river were searching for the dead-bodies and injured villagers. Some of the injured were sent to hospital. Mafidul’s only sister was killed in the massacre. He doesn’t know what fault his sister had that she got killed. Mafidul was looking for his other family members along with many others. He remembers how horrifying it was to walk through his own village. He found his father and brother but couldn’t find his mother. They crossed the river, the whole night was gone and the day also, but nobody could say anything about his mother. After five days dead body of his mother found in the river Beki.

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Photo : Mokhlesur Rahman

down and the bullet didn’t hit him. He ran into the forest and climbed a tree. He saw, his seven year old sister is thrown into the high current river Beki to a certain death, his mother tried to swim the river to save her life but the bullet stroke in her chest and she succumbed to death. He spent hours inside the forest!

Another young girl, who saw the extreme form of brutality and inhumanity, she along with others ran towards to the forest beat office to take shelter from the attack of arm militants. But realising the hostility, she jumped into the river along her mother and four siblings. She saw that bullets are being triggered towards them; she went under water and saved herself from the bullet. But another bullet hit her younger brother. Her mother was carrying two of her brothers in her two arms and tried to cross the river, she saw her two small brothers are getting drowned, not being able breath and drinking water. She couldn’t save them; suddenly another bullet hit her mother. Her two brothers got removed from mother’s arm. The brutality didn’t stop there, another bullet killed one more brother and the four months old brother was swamped by the current to river Beki. How she survived she doesn’t know!

The village Khagrabari witnessed such a brutality which no human being can ever imagine. Children were killed by smashing their heads on a power pump machine, by splitting their legs. One and half year old girl child having bullet injury was laying hours in the lap of her mother’s dead body. Women were brutally raped, their private parts mutilated and then killed.

Khagrabari Massacre was not an isolated and sudden attack on the Muslims. But it was part of a series of attacks. Just after the General Election, in fact, there was a series of activities which are definitely knotted with Khagrabari. A simple analysis can connect the dots. On 24th of April one on duty police personnel was killed and two poll officials were injured by an angry mob. The incident occurred at

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Harbhanga polling booth of Gossaigaon under 5 No Kokrajhar LS (ST) Constituency owing to a rumour of EVM malfunctioning. However, the villagers opine that this was a carefully planned and orchestrated incident by the ruling party of BTC administration to blame the Muslims and finally keep them away from participating in the voting.From the very next day of general election, police started torturing and harassing the villagers of Hanbanga, Jamunatari, Balabara etc. The intensity of police atrocities was so inhuman that even children, women and elderly were not spared. Samsul Hoque, an 80 years old partially paralysed man, who was unable to cast his vote on 24th April due to his ill health, while narrating the police atrocities said “At around 3:30am I went outside for defecation, a heavily armed group started beating me up without saying a single word”. His aged wife was too beaten up ruthlessly. Aktara Banu experienced the similar police action at around 4 am. Men in uniform started beating her family members indiscriminately. Her adolescent girl was brutally beaten up. Her ten years old son was kicked at his private parts. His male organ was almost damaged. In another house, a three months old infant was thrown away from mother’s lap. The mother of the newborn baby was also beaten up and was the police tried to strip her clothes, she screamed and ran away. But her fourteen years old daughter couldn’t save herself, she was physically assaulted. In another household, the police intentionally hit on the abdomen of a pregnant woman. The story doesn’t end here. Hundreds of houses belonging to the Muslims were torched by the police, money, ATM card and other valuables were looted, and household assets were destroyed. Three adolescent girls were taken into jungle. After more than two hours they came back. They couldn’t speak out what they have gone through.2 The people of seven villages were living under extreme fear. They couldn’t gather the courage to file even a first information report (FIR) against the police atrocities. After two days of the incident, local right activist and journalist approached the victims and encouraged them to file an FIR. One of the activists Mokhlesur Rahman says “people were extremely afraid; they were not ready to take further risk.” The chief functionary of another right based group said that their organization had approached the Assam

                                                            2 One Local Human Right defender and advocate reported the stories to Abdul Kalam Azad over email and also forwarded video testimony of the victims.  

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Human Rights Commission to take suo motu cognizance of the incident. But Assam Human Rights Commission insisted on registering criminal cases with the same local police station which carried out the inhuman atrocities! In the meanwhile on 30th of April, Pramila Rani Brahma, the former Agriculture Minister of Assam gave an explosive statement that the Muslims of BTAD area have not voted for their official candidate and that may lead to the defeat of Chandan Brahma. Her statement was condemned by people across the political establishment and people feared of a rerun of 2012’s ethnic cleansing which claimed more than hundred lives and displaced more than 4.5 lakhs people. On next day i.e. on 1st of May, 2014, the first attack was on a prominent journalist of BTAD Mr. Dhananjoy Nath at around 6:45pm. He sustained bullet injury. The second attack was at around 7:30pm at Narshingbari, where three people were killed on the spot and two girl children got two bullet injuries. One of them Rashida Khatun (12) lost both her parents. Her elder sister Shamela Khatun (14) and Ramzan Ali (7) also became orphans. The third incident happened at around 12:00am mid night, a heavily armed militant group killed eight people and injured at least four including women and children at Balapara, just few kilometres away from the place where the police carried out inhuman atrocity on the wee hours of 25th of April, 2014. And 2nd of May, 2014 was the black day for the people of Khagrabari, which completely changed their lives for forever! To know the background of this violence, we will have to dig out a bit of history to understand the causes behind the recurrence of violence in the region. We need to understand the history of Bodo Movement, history of migration and socio-political happenings in post colonial Assam. Bodo is one of the most marginalized communities of Assam. They belong to one of the plain tribes of Assam. On the other hand the victim of this current disaster or massacre whatever we call it is again another most marginalised community of Assam. They belong to Bengal origin Muslims, whose ancestors were brought to Assam under colonial policy to engage them in agricultural activities to ‘grow more food’ in scarcely populated Assam (Baruah, 2012). There is a huge controversy regarding the continuance of the wave of this migration. Many scholars say that the

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migration of Muslim peasants stopped after the independence (Guha, 2011). Many others believe that the migration is still continuing (Deka, 2010). There was a huge six years long agitation led by All Assam Students’ Union against the migration and which turned violent and killed thousands of people across the state of Assam. The agitation was supported by many ethnic and tribal groups of Assam including Bodo. But after the culmination of the movement through Accord, many tribal groups including Bodos realized that the leadership of Assam Agitation were not keen to solve the long standing socio-economic and political problems of their tribes. The leadership of Bodo community also perceived the same notion and called for a separate students’ organisation exclusively for their own community3. All Bodo Students’ Union demanded a separate state called Bodoland and setting up of autonomous district councils in the southern bank of Brahmaputra and inclusion of Bodo-Kachari of Karbi Anglong in the sixth schedule (Editorial, EPW 1989). Despite the continuation of democratic movement of ABSU (instances of violence was also present in the movement of ABSU), arms movement started in the later 90s. The militant groups started carrying out violent attack on political opponents like activists of Plain Tribe Association of Assam, non-Bodo communities, Assam government employees etc demanding a separate state (Mishra, 1989). In 1993 Bodo Accord (Memorandum of Settlement) was signed between the government and the All Bodo Students’ Union (ABSU)/Bodo Peoples’ Action Committee (BPAC) combined. As per the accord signed, government of Assam formed the BAC comprising contiguous geographical areas between river Sankosh and Mazbat/River Pasnoi. The accord provided a vague geographical area and lacked constitutional validity. The villages having more than 50% Bodo people would be included in the council. But getting the required numbers of villages having more than 50% Bodo to form a contiguous Bodo homeland was not easy. Though BAC was formed but it failed to meet the aspirations of the agitators. Since the formation of BAC, violence against the non-Bodos was intensified. Bashbari massacre in 1994, clashes between Adivasis and Bodos in 1996, targeted violence against Bengali Hindus and other non-Bodos are literally seen as a process of ethnic cleansing (Rajagopalan, 2008).

                                                            3 Bodo Agitation: Wage of Prejudice (A Correspondent) 1st April, 1989, Economic and Political Weekly 

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A decade after the formation of BAC, another tripartite agreement was signed between Bodo Liberation Tigers (BLT which was in ceasefire since 2000), the Assam Government and the Central Government which created the Bodoland Territorial Council. BTC accord provided a defined geographical area and constitutional validity under sixth schedule. The accord also made provisions for the rehabilitation of internally displaced persons induced by ethnic violence and few amendments were made to sixth schedule to provide safeguards to the right and privilege of the non-Bodos living within the demarcated area. However, those cosmetic changes failed to ensure the protection of civil, political, economic and human rights of non-Bodos. Land ownership is one of such issues. The BTC accord provides land rights to the non-tribals as well. But in practicality, the provision is not working at all. On the other hand the provision of the accord helps the council to grab the land left behind by the IDPs. On the other hand abduction, extortion, killing, ethnic violence etc remained an everyday business in the newly formed Bodoland Territorial Area Districts. Impunity was given to all perpetrators since 1987, not a single legal case was pursued against the hundreds of deaths and lakhs of forced displacement. As many as 28 departments of state government were transferred to the councils, along with central government being directed to provide a 100 crores fund every year for infrastructural development of the area. The accord made a provision of 46 members council with 30 reserved seats for Schedule Tribes, 5 seats for non-Tribal, 5 seats opened and 6 seats to be nominated by Governor of Assam. The demographic profile of the demarcated area has nearly 28% scheduled tribe population and remaining 72% are non-tribals including Muslims, Adivasis, Koch Rajbongshis, Assamese and Bengali Hindus. This means, 75% seats of are reserved for 28% citizen and 25% seats for 72% citizen. This was not the only attempt to forbid the political participation of social majority within the council. The accord dismantled the Panchayati Raj Institutions within the council area and suggested Village Council Development Committee, which is to be selected by the BTC4! [What a paradox, in one hand government promoted extension of Panchayat Raj Institutions in the tribal areas through Panchayat (Extension to the Schedule Area) Act – 1996 on the other hand destroyed the same in another tribal area!]                                                             4 BTC Accord 2003  

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But the larger agenda of the Bodo leadership was still not achieved. To substantiate the demand of statehood, tribal should have at least 50% of total population. Ethnic cleansing, extortion, kidnap etc remained rampant in the demarcated area of BTAD. 2011 Census recorded lowest population growth in the area despite having high presence of all the stimuli of high population growth like poverty, illiteracy, child marriage etc. On the other hand, large number of illegal arms remained with the ex-militia who joined mainstream politics through the accord. Some of the ex-BLT cadres were engaged by BTC administration as casual guards in Manas National Park with lump sum remuneration (Rs. 2000-3000). But all of them were provided with weapon. They remain engaged in smuggling of forest resources5. The engagement of those ex-BTLs in government works actually works like legitimizing their wrong doings by the state. At the same time another faction of militia remained outside the ambit of mainstream politics. In 2003, when BTC accord was signed at that time NDFB was regarded as one of the strong militant outfits among the Bodo separatist groups. But the government of Assam as well as India didn’t feel it necessity to bring them to the table of discussion. It remains a big question that how the state thought of bringing long term peace in Bodoland without taking the deadly NDFB on board. As a result extortion, violence and killing remained rampant in entire BTAD and Assam as well.                                                             5 One Forest Guard narrated the story of smuggling of forest resources by the armed ex-BLTs who are engaged as guards in the Manas National Park. The responded also informed that, he was intimidated by those ex-BLTs not to interfere in their business. When he opposed, he was attacked by unidentified gunman, fortunately he survived.  

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Chapter 3

Genesis and Institutionalization of our Engagement

Violence always comes with destruction, devastation and human suffering. Violence not only shows its cruelty to the victims but it transmits to fellow human beings and does hurt. It proves once again that human being does differ from other living thing and they feel the pain of fellow human being. The feeling of guilt, culpability and responsibility arouse in human mind and perhaps that is humanity.

The Khagrabari Massacre shocked the humanity once again for the misdeeds of fellow human beings. The spontaneous public solidarity shown to the victims and survivors of the gruesome massacre reassures the faith on humanity. There are hundred and thousand of common masses who share the sorrow and agony with those ill fated victims and survivors through whatever means they can. A number of humanitarian organizations extended their helping hand and support towards those aggrieved men, women and children. Journalists, activists, social workers, policy advocates, writers from all over the country and abroad visited the victims and pledged to minimise the suffering of the victims.

One of such a fact finding team came to Khagrabari under the aegis of Centre for Policy Analysis, New Delhi. The team comprised of writer and human rights activist Harsh Mander, social scientist Anuradha Chenoy, senior journalists Jatish Jacob, Anand Suhay and Seema Mustafa.

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The fact finding team was assisted by two local activists Abdul Kalam Azad and Aldrin Majumdar in the camp while another group of people under the active participation of Aman Wadud, Hafiz Ahmed and Rezwan Hussain arranged a consultation in Guwahati with the civil society and the fact finding team.

The team visited the village Khagrabari, which was demolished; they met the victims and survivors. The survivors shared the horrifying stories of brutality, cruelty and breach of trust. No word is enough to describe their mental shock and trauma. After visiting the camp Harsh Mander realized that the victims and survivors needed proper care and assistance to come out from the mental trauma, especially the children who saw their parents and family members being killed in front of their eyes, whose houses were burnt, who saw their friends being brutally killed. They needed proper counselling and psychosocial care in order to get back to a normal adult life. While returning from the temporary make-shift camp, Harsh Mander and Abdul Kalam Azad discussed the possibilities of undertaking such humanitarian programme for those victims, while Aman Wadud shouldered the responsibility to support the victims on legal front pro bono.

Later on, a detailed discussion was held with Meghali Senapati, Associate Dean of Tata Institute of Social Sciences, Guwahati and Abdul Kalam Azad was entrusted to form a group with social work students from TISS Guwahati to provide psychosocial support to the victims of Khagrabari Massacre. Subsequently, a team was formed with three student social workers from TISS Guwahati and with active participation of local community workers and activists. Abdul Kalam Azad, Dinesh Kumar Singh and Chiranjit Gayen from TISS and community workers Shajahan Ali Ahmed, Shakil Ahmed and Ratul Hussain joined the group to undertake one month fulltime psychosocial support work in the camp.

Aman Biradhari, a peoples’ campaign for secularism and the sister concern of Centre for Equity Studies came forward to help the programme logistically. Mr. Bahadur, a senior fellow from Rainbow Home, Hyderabad helped the team to design a concrete one month fulltime programme. He also provided two days orientation to the proposed programme at Tata Institute of Social Sciences, Guwahati and thus, the working with the victims of Khagrabari formally started.

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That was the beginning. While working in the camp, the team was facilitated by Harsh Mander to come in touch with author and legal activist Prita Rani Jha. Mr. Jha is the chief functionary of Peace and Equity Cell and co-authored a book on mass violence and state apathy. Ms. Jha promptly designed and operationalised a project to provide ‘legal and entitlement support’ for the victims to ensure delivery of justice through capacity building. Ms. Jha also encouraged to institutionalize the group activities and eventually the group registered themselves under Societies Registration Act – 1860 as Jhai Foundation and continued the engagement with victims.

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Chapter 4

One Year of Engagement: never-ending stories of suffering and struggle

In the last one year the group has undertaken a number of activities with the victims to minimize their suffering. This chapter is divided into three broad sections. The first section deals with the initial interventions in the camp, second section talks about the long term interventions i.e. legal, entitlement and capacity building initiatives and the third section deals with the activities undertaken with the victims of targeted violence beyond Khagrabari camp. Here is a brief note of the work undertaken so far

4.1 Initial Interventions in Khagrabari Camp: In the aftermath of the massacre, three member team of student social workers from Tata Institute of Social Sciences, Guwahati joined hands with the local community workers and had undertaken the following activities:

4.1.1 Psychosocial Care: Every disaster affects the victims and survivors both physically and mentally. The mental suffering is not at all less painful than the other. Hence, the person exposed to disaster needs mental care and support to help him to cope up with changing state of affairs. World Health Organization says that the people in distress need humane, supportive and practical help to overcome their suffering. The WHO defines this support as Psychological First Aid, which not only covers psychological affairs but also the social. It includes providing practical support and care, assessing the needs and concerns, helping

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the people to meet their basic needs, connecting them to information, services and social support and protecting them from further harm. WHO further says that to provide all these support and care one need not be a certified professional counsellor or psychiatric and this is not psychological debriefing (World Health Organization). The history of Psychosocial Care is not so old. Psychosocial consequences were never taken seriously in relief and rehabilitation process. Long term study of psychosocial problems after the Bhopal Gas Tragedy helped to start the gradual acceptance of need of psychosocial care. For the first time, psychosocial care was implemented by community level workers during the super cyclone in Orissa. The intervention had demonstrated the nature of the needs of vulnerable groups, the possibility of community level workers to provide care and the effectiveness of such care. The experience in Orissa actually established a new approach to psychosocial care. Under the leadership of people like Harsh Mander and R Srinivasa Murthy, psychosocial care was made simplified and of wide use. In later stages, psychosocial care was extensively used in successive disaster situations like Gujarat Massacre. Bahadur S. senior fellow at Rainbow Home designed a month long program for the camp and provided training to the members of the group. Aman Biradari provided the learning materials on psychosocial care and support which were developed by R Srinivasa Murthy in association with Action Aid. By first week of June, 2014, the group became ready to undertake the proposed work and set out for Khagrabari camp in Baksa. The group (Currently Jhai Foundation) started working on the proposed work based on the principles of humanism, peace, justice and truth. Major areas of work can be identified as follows: a) Engagement with the general inmates: The members and volunteers

conducted Participatory Rural Appraisal (PRA) exercise to assess the situation in the devastated village and the camp. PRA tools like Relationship Mapping, Cobb Web analysis etc were used to understand social and psychological impact of the massacre among the villagers. It was worrisome to note that the disaster has affected the women severely; literally their world was shrunk due to the massacre. Their mobility, decision making capacity and space, family relation everywhere women were pushed to margins. The guilt feeling of not

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being able to save their own children relentlessly harassed their personal time. Many women reported that, they couldn’t sleep, the horrifying image of the carnage disturbed their daily life. Though thankful to the donors and supporters who helped them during the time of distress but the feeling of being dependent on the relief pained many of the victims and survivors. The group members closely worked with the youths of the camp to address various issues in the camp. The group members conducted regular meeting with the youths to enhance their capacity to support their families as well as camp inmates. The members of the psychosocial care group worked with them very closely to help them to come out of such negative feelings and tried to bring them back to normalcy.

b) Working with children: The traumatized children were one of the most important target groups of this intervention. The group undertook various activities with the children as suggested by the manuals development by WHO and R Srinivasa. Storytelling, experience sharing, drawing, playing various games are noteworthy.

Dinesh Kumar Sing playing with the children

‘Save the Children’ an international organization for children built a Child Friendly Space (CFS) at the camp and allowed the group to use the premise to undertake the activities with the children.

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Children displaying their drawing on the massacre

The children shared the horrific incidence, drew the incident on paper. It was a great experience to note that the education system which was completely broken started attracting children within couple of days of intervention. The intervention immensely helped the children to recover from the mental trauma. After withdrawal of the activities by the group, Save the Children took over and continued for another three months of activities in the same Child Friendly Space.

c) Relief Gap Assessment: The team conducted relief gap assessment with the active participation of the inmates. The major findings were i) lack of lighting facility in the camp. The administration provided only one generator for the entire camp. After the horrifying incident, the inmates were frightened and lack of proper lighting facility in the camp multiplied their fear. ii) The tents were set up on the ground. The administration started earth-filling on tents but discontinued after doing the same only on three tents for unknown reason and iii) as the victims are Muslims and observing Ramadan in the camp, the families were not in a position to prepare suitable food during Ramadan.

4.1.2 Relief and Humanitarian Assistance: After conducting the relief gap

assessment, the group decided to approach various stakeholders for their support and help including the government administration. One organization and three individual responded to the group to support the victims. Zakat Foundation of

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India promptly provided one set of Three Eveready Torch light to each family living in the tent. Zakat Foundation also send fruits to the victims as Ramadan gift. Two individuals Zeenat Arifa Ahmed and Anjuman Ara Begum provided essential commodities like rice, salt, pulse, milk, sugar, oil, soaps etc to the camp inmates and Ashiq-uz-Zaman provided educational items like books, pen, paper, pencils, chocolates etc for the children living in the camp.

Children with educational kits

4.1.3 Loss and Compensation Assessment: The team conducted a survey to assess the amount of loss incurred due to the massacre and arson. The major losses investigated are agriculture, livestock, immoveable properties, household assets, cash and ornaments. Structured questionnaire was used to gather the information. To avoid exaggeration of loss, the interview was conducted in front of at least one fellow villager who can substantiate the claim of the respondent. At the same time, the respondent was made aware that the collection of data through the interview does not imply that s/he will get any compensation against the loss incurred. As part of the methodology, the principle of humanism, peace, justice and truth was thoroughly discussed with the respondent before taking the interview. The survey was conducted among the members of 50 households who were subjected to the loss in the violence. The study reveals that out of 50

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household surveyed 40 household reported that they have suffered loss of agriculture due to the violence, 19 household informed that they have suffered loss of livestock in the violence. Economically, the village was mostly dependent on cow and buffalo rearing. As the village is situated near the Manas National Park, there is suitable grassing land for animal husbandry. But the violence has severely affected animal husbandry and many of the respondents reported that they have lost a number of cows and buffalos as they shifted to other bank of the river for nearly two weeks and there was no one to look after the animals. Out of 50 household only one house escaped the devastation, remaining 49 houses were gutted in the arson, same is finding in case of household asset. Forty five household reported that their golden and silver ornaments were looted or destroyed during the massacre. As the village is almost isolated from the mainland and hardly have access to formal financial sector, the villagers used to invest their surplus income in form of ornament. Similar trend was observed in case of loss of hard cash, as many as 47 respondents reported that they have lost hard cash in violence. In monetary terms the total loss incurred in the villages is nearly 1.5 crores. Highest loss reported in ‘immoveable property’ head i.e. INR 53,00,000/- and lowest loss reported against the head of ‘livestock’ i.e. INR 6,44,500/-. The bar-chart shows the volume of loss in various heads.

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As far as relief, rehab and compensation is concerned, there is a known pattern of providing relief and rehabilitation to the displaced people in Assam. Uddipana Goswami has analyzed the rehabilitation process adopted by Assam government in a very explicit way: “The cycle of state response to conflict-induced displacement in Assam usually runs along the following pattern: immediately after the violence, temporary relief camps are set up in local educational institutions and government office buildings. Subsequently makeshift cramped shelters are built on government land. While there is a security outpost near the camp to provide protection to the camp inhabitants, field interviews have revealed that security personnel also sometimes cause insecurity inside the camps. The government provides Gratuitous Relief (GR) in the form of rice; lentils, and oil regularly for a few years till the makeshift camps take on the nature of permanent settlements. When the GR stops and the people are forced to vacate the camps and to look for rehabilitation, they are provided only with a small rehabilitation grant (RG).”6 Similar pattern is being followed in Khagrabari camp as well. Government has provided Rs. 50,000/- against the house-burnt, no other compensation is given to the victims against the economic loss incurred in the violence. However, Chief Minister Tarun Gogoi visiting the victims declared that the burnt houses will be made under the Indira Awas Yojna. The GR has been stopped by the administration after 90 days of the incident. One of the group members Abdul Kalam Azad met the district magistrate of Baksa district and shared the findings, the DM informed him that the administration can’t build the burnt houses under IAY scheme as the victims were living on forest land. Whereas, the victims claimed that the land where they are residing is patta land. The DM also informed that there is no instruction from the government to rehabilitate the victims in any means.

4.2: Long Term Work: While working with the victims, it was felt that without ensuring justice – it is not possible to establish long term peace and reconciliation in the already fractured society. And hence, it was decided to work with the victims to support them to                                                             6 Goswami, U. (2007). Internal Displacement, Migration, and Policy in Northeastern India. Washington: East West Center. 

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enhance their capacity to struggle for rights, entitlements and justice. Ms. Prita Rani Jha of Peace and Equity Cell came down to provide training, capacity building and guidance to materialize the decision. As proposed, the members and volunteers started working with Peace and Equity Cell in their project on providing ‘legal and entitlement’ support to the victims of Khagrabari Massacre. The long term work can be broadly categorized into two sections i) Capacity building and entitlement support and ii) legal support. 4.2.1 Legal Interventions: We have already discussed that, Assam has a long history of providing impunity to the perpetrators of targeted violence. Miscarriage of justice has incentivized the perpetrators to repeat the brutality on humanity. Until and unless such perpetrators are brought to justice, pogroms like Khagrabari will continue to occur. Till today not even a single perpetrator of chain of massacres since 1983 has been punished, lack of legal intervention is one of the main reasons for such gross injustice to the victims. Hence, it was decided to support the victims and survivors to fight their legal battle. Aman Wadud has taken up the responsibility to provide all necessary legal support to the victims and survivors. Hence, it was decided to support the victims and survivors to fight their legal battle. The team having faith on the principle of humanism, peace, justice and truth – believed that timely delivery of justice will ensure long term peace and reconciliation in this fractured society. Immediately after Naranyanguri Massacre, Chief Minister Tarun Gogoi announced that the cases will be investigated by NIA, it was reported that Assam government has written to NIA to take over the case. In the meantime a Special Investigation Team (SIT) headed by a Deputy Superintendent of Police was formed to smoothly hand over the case to NIA. But days and months passed but the massacre case was not handed over to the NIA. When the group started enquiring with relevant sources, the group came to know that government of Assam didn't follow up the case. After writing to NIA, Assam government received affirmative response from NIA but there was no response from Assam government for long. The group requested Harsh Mander to take up the issue with Home Secretary, Assam so that the case may be handed over to NIA as soon as possible. Finally NIA took up the case on 22/07/2014, i.e. almost 3 months after the occurrence of the incident. 17 people were named in the 51 different FIRs lodged by victims at Gobardhana Police Station. Assam Police clubbed all cases into one and handed over to NIA, NIA lodged FIR as RC-02/2014/NIA-GUW where it named 8 persons as accused. Assam Police

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arrested 13 accused, 11 of them were granted bail before NIA took up the case. Finally on 31/10/2014 NIA filed charge-sheet against 4 accused namely Rajen Boro, Jayanta Boro, Nijam Basumatary and Malloajit Kherkatari under sections 302, 307, 326, 148, 149, 436, & 506 of IPC and Section 16 of UP (P) Act, 1967 as amended. (Charge sheet is annexed along with this report)

As far as providing legal support to the victims of Khagrabari is concerned, the group has undertaken the following activities to support the victims in their struggle for justice: a) Recording of Statement u/s 164: The group has assisted the witnesses to record their

statement before the first class magistrate in Guwahati. The volunteers from the village accompanied the witnesses to Guwahati and in Guwahati Advocate Aman Wadud, an uprising advocate and executive member of Jhai Foundation assisted them whenever required during the recording of statement.

b) Collection of Legal Documents: The group has collected the copies of FIR and other legal documents like statement u/s 164, charge-sheet, bail-order etc. pertaining to the case analyzed the same within the team as well as with the informant and witnesses.

c) FIR Quashing: One of the accused Nijam Basumatary filed application under Sec 482 Crpc before the Hon’ble Gauhati High Court to quash the FIR vide Gobardhana PS Case no. 64/2014 . Aman Wadud appeared before the Hon’ble court and filed an affidavit on behalf of the informant opposing the application. The application to quash the FIR was filed based on an official circular of government of Assam which provides immunity to the officers who resorted to violence to control mob. However, the Hon’ble court has dismissed the application filed by one of the accused Nijam Basumatary.

d) Trial: The trial has started at Special NIA Court, Guwahati. Aman Wadud is regularly appearing and facilitating the witnesses and he will also appear on all subsequent hearings.

4.2.2 Entitlement Support: The study on loss and compensation assessment revealed that the victims of the massacre did suffer more than just economic loss. Almost every household lost their valuable documents like voter Id card, PAN card, Ration card, Job card, land document, bank account, insurance policy etc. For those illiterate and semi-

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literate people, it is a big deal to generate the duplicate copy from the government department. Along with the issues of documents, there are some other important cases where the victims need support. As we have already mentioned the reluctance of the government machinery to provide relief and rehabilitation, it is found that the victims who got injured and fortunately survived in the massacre are entitled to get compensation under government policy. But not a single victim of injury has received any compensation from the administration. One of the victims has used the ex-gratia amount received against death of one family member to meet the medical expense of another injured family member. The group undertook capacity building initiative among the victims and survivors and encouraged them to approach the administration to get their due rights and entitlement. However, the administration remained reluctant towards their rights and entitlement guaranteed by constitution of the India. Eventually, Abdul Kalam Azad, met the District Magistrate of Baksa 2nd week of Decemver, 2014 and raised the following discussion points: a. Valuable Documents Destroyed in the Massacre: Abdul Kalam Azad shared the survey

findings and about the damage of valuable document. He also proposed to support the district administration to mobilize the victims whenever required to speed up the process of providing them with fresh document. DC appreciated the proposal and informed that he will convene a meeting with all the concerned departments as early as possible and shall start the process within a reasonable time. However, till last week of April, 2015, no process has been initiated by the district administration, whereas, the victims will require the document to register their name in the upcoming National Register of Citizen by end of July, 2015. If they fail to produce the document before NRC updating officials, their name wouldn’t appear in the NRC and they will be marked as illegal immigrants.

b. Compensation for the Injured: Total six injured victims from Khagrabari (5) and Narsinghbari (1) have not been provided any compensation. The issue was taken up in the meeting. In the meeting the DM showed his concern and immediately called the Sub Divisional Officer (Relief and Rehab) to join the meeting. DC asked the progress report from the SDO within next day and promised that the compensation amount will be released as soon as possible. But till April, 2015, the victims have not received the compensation amount against injury.

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c. Missing Cases: Two minors have been missing since the massacre. As per the government rule, the administration was not able to declare them as killed and sanction the ex-gratia amount to the family members. DC was requested to consider case as exceptional and rely on circumstantial evidence. DC informed that as six months have already passed, he will be able to process the case. He directed the SDO to carry out the necessary formalities and assured that the families will get the amount by a month or so. In this case also the family members of the deceased have not received the ex-gratia amount.

d. Livelihood and Developmental Schemes: DC’s attention was drawn regarding the livelihood problems of the victims. Most of the victims had to discontinue their livelihood generating activities like animal husbandry, fishing, sand-gravel collection, firewood collection etc since the massacre. Also the scheme MGNREGA is not being implemented in the village. DC assured us that he will visit the camp soon and will take livelihood development initiative and will resume MGNREGA. Unfortunately, he has not been able to visit the camp till April, 2015.

Now, capacity building initiatives are being undertaken among the victims to approach the government officials from their own to follow up the issues. 4.3 Activities in Other places: Apart from the works with the victims of Khagrabari Massacre, the functionaries of Jhai Foundation are also working with other victims of targeted violence in Assam.

43.1 Hapachara IDP Camp: The people displaced in 1993 violence in present day BTAD are still languishing in the camps. The Hapachara camp is home to over 1600 families. Abdul Kalam Azad, Secretary of Jhai Foundation has been frequently visiting the camp and advocating for their rights through his writings. (Please see the annexure to read his articles) 4.3.2 Dwaimuguri Village: Bodo people are one of the worst sufferers of ongoing violence in BTAD area. Thousands of common Bodo people are being killed by the terrorists who claim to be the custodian of Bodo nationality. Priya Basumatary is one of such example. A 16 year old girl from Dwamuguri village under Chirang district was brutally killed by the suspected NDFB (S) terrorists in front of her villagers on August 20, 2014 for being alleged police informer. Her parents were

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also badly beaten up by the terrorists. Later on, the police kept her parents isolated in an undisclosed location without basic facilities including medical and essential goods. Abdul Kalam Azad went to Priya Basumatary’s village and also met her parents. Her parents were kept in inhuman condition by the administration. 4.3.3 Baguriguri Village: On July 11, 2014 four lemon traders were killed by suspected NDBF (S) terrorists. Sajahan Ali Ahmed and Shakil Ahmed mobilized the local students and general people and protested against the brutal killing demanded security and compensation. Abdul Kalam Azad joined the team next day and visited the aggrieved families. Abdul facilitated various national and international media persons to cover the incident and he himself also wrote at indiaresists.com. 4.3.4 Dhekiyajuli: On 23rd December, 2014 more than 80 Adivasis were massacred by suspected NDFB (S) terrorists in Sonitpur and Kokrajhar district. 6 people were killed from Batasipur of Dhekiyajuli under Sonitpur district. Abdul Kalam Azad visited the victims along with Harsh Mander as a part of fact finding team under the aegis of Delhi Solidarity Forum. (Download the fact finding report here)

4.3.5 Biswanath Chariali: 31 Adivasi people were killed on 23rd Decemeber, 2014 in Biswanath Chariali. Aman Wadud and Abdul Kalam Azad visited the relief camps and provided humanitarian assistance to the victims. Aman Wadud has written an article on The Thumbprint Magazine highlighting the issues of Adivasis and the need for proper interventions. (Please see annexure to read his article) Abdul Kalam Azad again visited the villages with Harsh Mander and conducted meetings with district administration to ensure proper relief and rehabilitation.

4.3.6 Participation on Consultation: Advocate Aman Wadud was invited to speak on a consultation program on "Responding to contemporary challenges to secularism in India" by Alternative Law Forum at Bangalore. He spoke on the session "The instigation of pogroms against the minority community". He discussed the chain of massacres in Assam, particularly about Naranyanguri massacre and failure of civil society in providing justice to the victims of

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massacres in Assam since 1983. The consultation was attended by various dignitaries from all over country including Teesta Setalvad, Irfan Engineer, Babu Mathew, legal activist and author Prita Rani Jha, Professor Saumya Uma of National Law School of India University, Human Right Activist Mahtab Alam (Amnesty International), Supreme Court Lawyer Warisha Farasat etc.

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Chapter 5 Future Course of Action

There has not been substantial improvement of law and order situation in BTAD areas since the massacre. There are number of cases happening every other day in BTAD. In the second week of July, four petty traders from Muslims community were killed by the suspected terrorists. Most horrific incident happened on August 10, 2014 in Chirang district of Assam. One young school girl Priya Basumatary (16) was brutally killed by the suspected terrorist group “National Democratic Front of Bodoland”. The terrorist group alleged Priya to be an informer of Indian Army. All the villagers were asked to gather in an open field by the NDFB cadres and Priya was brutally killed in front of her parents and the villagers. Abdul Kalam Azad visited Priya Basumatary’s village and also met her parents in Bongaigaon in solidarity. The December, 2014 massacre against the Adivasi people once again shocked the conscience of the general public. On the Christmas Eve nearly 100 people were killed by the suspected NDFB (S). After the Adivasi massacre, the central government initiated action against the outlawed organization. A good number most wanted terrorists have been arrested so far. However, the law enforcing agencies have not been able to arrest the alleged mastermind of the massacre and head of NDFB (S) faction Sangbijit so far.

As far as the victims of Khagrabari Massacre are concerned, the main battle to get justice will start once the trail of the legal cases begin. In this course, Jhai Foundation will continue its support to the victims of Khagrabari massacre under the leadership of its Executive Member and Advocate Aman Wadud and in collaboration with Peace and

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Equity Cell and other likeminded organizations on pro bono. The team will continue to stand with the victims in solidarity in every point of their struggle to ensure the delivery of justice. The volunteers will accompany the witnesses during the hearings whenever they are summoned and Advocate Aman Wadud will provide all sorts of legal support to the victims. Jhai Foundation is committed to support the victims of Khagrabari massacre to get the justice as well as it will take endeavor to assist the victims of targeted violence from the marginalized communities like Bodo, Muslims, Adivasi, Karbi etc in coming days.

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Annexure 2: Abdul Kalam Azad’s article on Hapachara Camp

IDPs of Lower Assam: Twenty-one years of displacement and suffering

Abdul Kalam Azad

"The millions of displaced people in India are nothing but refugees of an unacknowledged war....." - Arundhati Roy

On a sunny Sunday in late August, our vehicle parked in front of Hapachara Lower Primary School adjacent to National Highway 31, a four hour journey from Guwahati, the gateway to North-eastern states of India. The smooth road, beautiful hills and never-ending greenery almost made us forget that we were in search of a black spot of human history, the internally displaced persons camp located in Hapachara village under Bongaigaon district of Assam. We approached a scrap vendor taking shelter under a huge tree and asked for directions.

Forty five year old Romej Uddin not only showed us the way to the camp, but also informed us that he himself is a camp inmate. The left bylane from the National Highway took us to the village. As the street narrowed, we suddenly came upon a congested human settlement across just over an acre of land. An elderly person sitting in a medicine shop warned us that the actual camp is just ahead. We crossed a small plot of agricultural land and found another settlement, more congested, filthier and more inhuman. A few people were sitting under a tin roofed open house without any walls, door or window, and some women were drying boiled rice grain nearby. As we joined the group in the open house, within a few minutes the house filled up. Everyone had a grimy story to tell, everyone had a reason to lament, and yet, everyone also held a dim ray of hope for a brighter day to end their two decades long journey of suffering and betrayal.

There are 1118 families living in the Hapachara IDP camp set up on a piece of private land measuring 10 bighas (nearly 1 and half hector) owned by Rustam Ali in 2000 against an annual rent of Rs. 7000. On October 7, 1993, the Bodo militants started targeted violence against the Muslim minority (Muslims constitute some 30 percent of the state population) of Sidli subdivision, Kokrajhar district, Assam. The violence spread to other Muslim dominated villages in Bijni subdivision, Bongaigoan district (presently

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under Chirang district after the district reshuffle under the BTC Accord) and the arson continued till October 11. Officially 3658 families or about 18000 people were affected by the violence (Goswami 2008). As many as 72 people lost their lives in the massacre. Officially, compensation for death was provided to only 10 or so families (Hassan 2014). The inmates of this camp are from Sidli subdivision of Kokrajhar district. After the violence, they were taking shelter in a government manned relief camp at Patabari under Sidli police station for two years. Though paramilitary forces were deployed to provide security to camp inmates from the attack of Bodo militants, yet within a couple of months two persons, Harej Ali and Gunjar Ali were killed by the militants just outside the camp. To avoid further attacks the camp was shifted to Anandabazar, on the other side of the Kanamakra river. Even there the insecurity continued, with one Baser Ali killed near the river by smashing his head by stone. It was almost impossible for the inmates to go outside the camp. They were strictly instructed by the security personnel not to go outside the camp without permission and getting permission was not an easy task. The eyewitnesses describe the horrifying physical and mental consequences of daring to break the order. They were literally confined in the camp. One day, the security personnel suddenly disappeared from the camp, and the government food and other essential relief supplies were stopped. The inmates then had no option but to leave the camp.

The majority of the Muslims of present day BTAD (Bodoland Territorial Area Districts) are of Bengal origin, while a small number are aboriginal converts to Islam from Koch Rajbongshi. After Assam, a scarcely populated and natural resource rich province, was annexed by the British in 1826 through the treaty of Yandaboo, the British administration encouraged migration of agricultural workers from densely populated Bengal. The advent of the Indian Railway and migration friendly policy helped the administration to bring large numbers of Muslim agricultural workers from Bengal. The colonial administration introduced family tickets from Bengal to Assam, recruited colonization officers in Nagaon, Barpeta and Darrang to look after the issues of migrants. From the early 1930s however, the aboriginal Assamese communities started opposing the migration of Bengalis. After India's independence and partition, another flow of migration started however, of Hindus from newly formed Pakistan (Guha 2011).

After three decades of independence, an unprecedented movement against migrants took place in Assam. Initially, the 'Assam Movement' focused on aboriginal unification against all other Indian 'bohiragot' or outsiders. According to some political analysts however, the intrusion of right wing ideologists like RSS into the movement leadership caused it to become a movement against the Bengali origin Muslims (Citizens' Rights Preservation

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Committee (CRPC), Assam 2011). The peaceful democratic movement eventually became violent, and within a few hours on February 18, 1983 more than 3000 Muslims of Bengali origin were killed in Nellie, Nogaon district (present day Morigaon). Similar attacks happened in Chaolkhuwa Sapori, Gohpur, Mukalmuwa (Goswami 2013). After six long years, the movement under the leadership of the All Assam Students' Union (AASU) came to an end through the "Assam Accord" in 1985.

Various Assamese tribes participating in the Assam Movement realized that the 'Assam Accord' was not going to serve their aspirations. Decision making power within the AASU and their subsequent political party called the Asom Gana Parishad had been hijacked by upper caste Hindus. The Bodo leadership which was earlier demanding for a union territory for plains tribes called 'Udayachal', narrowed their demands to an exclusive 'Bodoland', a full-fledged state. Since the late 1980s and early 1990s, the Bodo underground group targeted mainstream Assamese people in present day BTAD area. In 1993 for the first time, Muslims were targeted on a large scale. The inmates of Hapachara camp were among the victims of this violence.

Subsequent to the violence and large scale displacement, the Bodo Accord of 1993 was signed between the government and the All Bodo Students' Union (ABSU)/ Bodo Peoples' Action Committee. The Accord formed the Bodoland Autonomous Council, comprising a contiguous geographical area between the river Sankosh and Mazbat/river Pansoi. The Accord entitled villages having more than 50 percent Bodo population to be included in the council. It was not an easy task for the Bodo leadership to find adequate villages having more than 50 percent Bodo population without eliminating other tribes from such villages. For this reason, targeted violence against Non-Bodos intensified after the formation of the council, seen as a process of ethnic cleansing (Rajagopalan 2008). In 1994, a relief camp of Muslim IDPs in Bashbari, Barpeta district (now in Baksa) was attacked by Bodo militants. Nearly a hundred inmates were massacred in the government manned relief camp at Bashbari High School. These growing incidents of violence, insecurity and complete breakdown of livelihood options mounted pressure on the inmates of Anandabazar relief camp. They finally left the camp without knowing where they were heading to, merely desperate to get away from the reach of the Bodo extremists. They found Rustam Ali, who agreed to give his 10 bighas of agricultural land at the present location to set up a temporary camp against an annual payment of Rs. 7000. In the last 14 years the rent has increased manifold; today they are paying Rs. 48000 per annum.

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Though they escaped from the fear of persecution and execution, their plight continued to follow them in the form of starvation, malnutrition, disease, lack of education and livelihood. Seventy-year-old Abdul Jalil once had 26 bighas of agricultural land, more than 15 cows and his own house to live in. In the camp, he has nothing beyond a sense of security. The government has demonstrated only indifference towards these uprooted people. The inmates of various camps united and continued various protest demonstrations and demanded their safe return to their villages. Over a decade later, they are still waiting for some response. Many of the inmates migrated to various cities in search of livelihoods. They went as far as New Delhi to work as rag pickers, construction workers, domestic help and so on. Abdul Jalil's two sons are working as agricultural labourers in Nagaon districts of upper Assam.

In 2003, the government gave more power to the Bodo militia through a tripartite agreement signed by the State/Provincial Government of Assam, Central/Federal Government of India and the surrendered Bodo Liberation Tigers BLT. This agreement created the Bodoland Territorial Council (BTC) with a demarcated geographical area and constitutional validity under the sixth schedule of the Indian Constitution. Impunity was given to the perpetrators of violence and not a single legal case was pursued against the multitude deaths and displacement. As many as 28 state government departments were transferred to the councils, while the central government was directed to provide a 100 crores annual fund for infrastructural development. The accord made a provision of a 46-member council, with 30 reserved seats for Scheduled Tribes, five seats for non-Tribals, five seats open and six seats to be nominated by the Governor of Assam. The demographic profile of the demarcated area constitutes 28 percent scheduled tribes, while the remaining 72 percent is made up of non-tribals including Muslims, Adivasis, Koch Rajbongshis, Assamese and Bengali Hindus. In other words, 75 percent of seats are reserved for 28 percent of the citizens, while 25 percent of seats are reserved for 72 percent of the citizens. This was not the only attempt to forbid the political participation of the area's social majority within the council. The accord dismantled the Panchayati Raj Institutions (PRIs) within the council area, to be replaced by the Village Council Development Committee, selected by the BTC. The PRIs were given the authority and responsibility to oversee development under the 73rd amendment of the Indian Constitution, as well as to ensure the participation of all sections of society, including marginalized groups like scheduled castes, scheduled tribes and women. In 1996, the government extended PRIs in scheduled areas as well, under the Panchayat (Extension to the Schedule Area) Act. Paradoxically, the BTC replaced the PRIs with the Village Council Development Committee, which literally keeps non- Bodos away from grassroot developmental decision making.

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The accord showed a ray of hope however, for those displaced by the ethnic violence, especially the inmates of Hapachara camp. Section 13 of the accord talks about a Special Rehabilitation Programme (SRF), under which the BTC was to provide suitable land for the rehabilitation of the displaced persons. This provision not only gave hope to the displaced Muslims, but also the lakhs of displaced Adivasis who were uprooted by the Bodo militants through a series of violent attacks in 1996 and 1998. Over a decade later, not a single family has yet been rehabilitated under the programme.

The camp inmates of Hapachara, Bordup, Garogaon, Salabila, Bangalduba continued their struggle in the form of democratic protest, sit-ins, hunger strikes. In 2004, after more than a decade of their displacement, the Assam Minister of Rehabilitation visited inmates in their camps and agreed to provide 10 days of ration per month. Government officials showed up one day to survey the camps without prior notice to the inmates. The inmates who had gone to work in nearby towns or villages and those who had migrated to other places were deliberately not included in the list of beneficiaries. In Hapachara camp more than 500 families were excluded and deprived from minimum government support. A total of 1685 families in all camps who were displaced in 1993 were deprived from getting the monthly 10 day ration.

The inmates continued their struggle jointly, demonstrating in front of the state secretariat in Dispur. Finally in 2010, the Assam Government agreed to compensate the IDPs with Rs. 50,000. The government refused to resurvey the camp however, and instead stipulated that only the displaced families who had received a) 10 days ration per month and b) Rs. 10,000 compensation in 1995 will be eligible for the rehabilitation package of Rs. 50,000. In this process, 95 families from Hapachara camp who had received 10 days ration but not the Rs. 10,000 were dropped from the list. As a result only 557 families received Rs. 50,000. Amongst all the camps, the total number of deprived families is more than 1600. The government further stipulated that after receiving the Rs. 50,000, the family will have to leave the camp forever. Is Rs. 50,000 enough to rehabilitate a family which lost everything in the course of forced displacement? Today, there are two settlements in Hapachara: one is of those IDPs who have received the Rs. 50,000 and the other is of those who are still fighting for the package. There is little difference between the two camps.

One of the most pertinent questions arising here is whether the Indian state considers rehabilitation and resettlement as a 'reward' or 'entitlement' (L.J. Bartolome, C. de Wet, H. Mander, V.K. Nagraj 2000). It is unfortunate that instead of accepting rehabilitation as an entitlement or right for displaced people, the government rather offers it as a 'reward'

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against the sacrifice made by the displaced persons. The government remains indifferent even in cases of humanitarian crisis. The Internal Displacement Monitoring Centre (iDMC) observes that in Assam and Tripura, food shortages and lack of health care leave the internally displaced in acute hardship. Its report further stated that "The state governments say they have no money to provide relief to the displaced population and that they depend on support from the central government," (iDMC 2007). The central government seems even more reluctant; despite the formulation of its National Resettlement and Rehabilitation Policy in 2007, it continues to grossly fail in addressing the issues and concerns of the large numbers of IDPs in the country.

International organizations like the Internal Displacement Monitoring Centre, Norwegian Refugee Council and other human rights organizations have been asking the Indian government to enact relevant law in accordance with the United Nations Guiding Principles on Internal Displacement (Azad 2013). Principle 18 of the said UN Guidelines says, "At the minimum, regardless of the circumstances and without discrimination, competent authorities shall provide internally displaced persons with and ensure safe access to a) essential food and potable water, b) basic shelter and housing, c) appropriate clothing and d) essential medical and sanitation." This holds the state duty bound to provide relief and rehabilitation to IDPs, which is seen as their basic rights. Those bodies have also recommended the Indian government to form a constitutional body like the National Human Rights Commission or the National Commission for Women to protect the rights of internally displaced persons. A government that can shamelessly say it has no money to feed those ill fated people however, can hardly be expected to formulate such law or make any competent body.

It must be asked though, how much money is actually needed for the resettlement and rehabilitation of IDPs? Is India poorer than Azerbaijan, Bosnia, Herzegovina, Colombia, Croatia, Georgia (Ahmed 2008), all of which have made the necessary legal and constitutional arrangements for their IDPs? On October 7, 2014, the IDPs of Hapachara camp marked the 21st anniversary of their displacement. Is it really too expensive for the world's largest democracy to do its duty to its own people?

References Ahmed, Shahiuz Zaman. "IDPs in South Asia: Issues and Challenges." In Internally Displaced Persons in South Asia, by Shahiuz Zaman Ahmed Debamitra Mitra, 3-22. Agartala: Icfai University Press, 2008. Azad, Abdul Kalam. "The Internal Displacement Persons: Issue Roared in Assam Assembly." Eastern Crescent, May 2013. Citizens' Rights Preservation Committee (CRPC), Assam. "Approach Paper (National Convention on D Voter in 2011 in New Delhi)." Citizens' Rights Preservation Committee (CRPC), Assam, 2011.

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Goswami, Sabita. Along the Red River. New Delhi: Zubaan, 2013. Goswami, Uddipana. "Nobody's People: Muslim IDPs of Western Assam ." In Blister on Their Feet: Tales of IDPs in India's Northeast, by Samir Kumar Das, 176-188. Sage, 2008. Guha, Amalendu. Jagaran (Char Chapori Sahitya Parishad Asom), 2011. Hassan, Sajjad. "Summery of Assam Visit (Un-published)." September 2014. iDMC. India: Large Number of IDPs are unassisted and in need of Protection. Switzerland : iDMC Norwegian Refugee Council, 2007. L.J. Bartolome, C. de Wet, H. Mander, V.K. Nagraj. Displacement, Resettlement, Rehabilitation, Reparation, and Development. Cape Town: WCD Thematic Review I.3, 2000. Rajagopalan, Swarna. Peace Accords in Northeast India: Journey over Milestones. Washington: East West Centre , 2008. [The article published in December issue of Ethics In Action, a journal of Asian Human Rights Commission, Hong Kong. Link: http://www.humanrights.asia/resources/journals-magazines/eia/EIAV8N6/EIAV8N6P7#.VMDdK7s4mos.gmail]

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Annexure 3: Aman Wadud’s Article on Adivasi Massacre

BY AMAN WADUD

Around 12 kms from Biswanath Chariali towards West Kameng district of Arunachal Pradesh passing through Pabhoi Tea Estate, Tinihuti, a picturesque foothill of the Eastern Himalayas is now a refugee camp for around 3000 Adivasis, Nepali and Karbi population. A local journalist says NDFB( S) runs a parallel government here. From hefty collection of extortion from Tea Garden owners, a percentage of salary from government servants to sacks of rice from farmers every cultivation session, everyone should pay extortion money or terrorist tax to NDFB (S).

Any denial to pay terrorist tax could cost life. In the recent years, two tea garden managers were murdered and one kidnapped and released after paying ransom money. Prominent businessman Adilur Rahman was killed by NDFB(S) in his Mahalakshmi Tea Estate in the same area. On fateful 23rd December, NDFB(S) was on killing spree, it targeted Adivasis all over Assam, Phulbari village just 4 km from Tinihuti Police outpost suffered the most, 37 people mostly children were mercilessly killed by NDFB(S) terrorist. Phulbari village comprised of Adivasi tea workers, Nepalis and Karbis, NDFB(S) who can orchestrate mass murder at will targeted only Adivasis this time. The Nepali and Karbi population also fled Phulbari in fear of getting killed and has now taken shelter in Tinihuti High School and Hamukjuli Primary School.

The relief camps which are in government schools are unhygienic and over crowded with inmates, classrooms has been converted in to bed rooms. Although government is providing with relief materials but it is inadequate, a week after attack makeshift toilets are only under construction in Hamukjuli camp, clean drinking water is another major problem. At a time when Swach Bharat and Nirmal Assam campaigns are at its peak, Tinihuti and Hamukjuli relief camp which are directly maintained by the district administration has made joke of Swach bharat and Nirmal Assam campaign.

Interestingly people from all over Assam are pouring in at relief camps to provide with relief materials, from rice, daal, nutritious biscuits, tonned milk, soaps to blanket and used clothes. The inmate of relief camps wants to go back home but the fear of being attacked again has hold them back. 2 km away from Phulbari village stands the breathtaking Eastern Himalayan range, locals belief NDFB(S) commits heinous crime and

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hide in the dense forest of Himalayas , this time too they are believed to be hiding here. Although Army is patrolling villages but there’s no news of Army operation in the mountains of Eastern Himalayas which separates Assam and Arunachal Pradesh.

On 2nd May this year, Bodo militants from NDFB and Ex BLT cadres along with Bodo forest guards attacked NK Khagrabari village attached to Manas National Park. In 30 minutes they massacred 41 innocent Muslim villagers. Apart from NIA filing charge sheet against 4 accused, government has not done enough to prevent such well planned attack. The attack on 23rd December across Assam on Adivasis should not surprise given government’s soft stand in dealing with terrorist.

Muslims, Adivasis, Nepalis and Karbis are victims of well planned attack; they all are divided by religion, caste and language but united by poverty, illiteracy and government apathy.

This chain of violence on our impoverished and underprivileged fellow citizens must outrage us, the outrage must generate public consensus against terrorism and force government to act tough against terrorist organisations, or we will miserably fail in our duty to stand with our fellow citizens.

[The article was published on The Thumb Print Magazine on December, 29, 2014]

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Annexure 4: List of Functionaries of Jhai Foundation 1) Dr. Hafiz Ahmed, President 2) Aldrin Majumdar, Vice President 3) Abdul Kalam Azad, Secretary 4) Aman Wadud, Executive Member (Legal) 5) Naresh Mitra, Executive Member (Media) 6) Imdad Ullah Khan, Executive Member (Treasurer) 7) Kangan Deka, Executive Member (Management)

Annexure 5: List of Team Member of PEC’s project ‘legal and entitlement’ support 1) Abdul Kalam Azad 2) Aman Wadud 3) Shajahan Ali Ahmed 4) Shakil Ahmed 5) Jeshmina Khatun

Annexure 6: List of Team Member of Aman Biradari’s project ‘Psychosocial Support’ 1) Abdul Kalam Azad 2) Dinesh Kumar Singh 3) Chiranjit Gayen 4) Aman Wadud 5) Shajahan Ali Ahmed 6) Shakil Ahmed

References:

Baruah, S. (2012). India Against Itself. London: Oxford University Press.

Deka, H. (2010). Prabajan Aaru Anuprabesh. Guwahati: Aank Baak Publishers.

Guha, A. (2011). Brahmaputra Upotryokara Axomiya Xomajot Bohiragot: Ek Dristipat. Jagaran (Souvenir of Char Chapori Sahitya Parishad, Asom .

Mishra, U. (1989, May). Bodo Stir: Complex Issues, Unattainable Deamnds. Economic and Political Weekly , 1146-1149.

Rajagopalan, S. (2008). Peace Accords in Northeast India: Journey over Milstones. Washington: East West Centre.

World Health Organization, W. T. (2011). Psychological First Aid: Guide for Filed Workers. Geneva: WHO.