20
THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for Civil Liberties, Bihar Published by People's Union for Civil Liberties

THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

  • Upload
    dangbao

  • View
    215

  • Download
    0

Embed Size (px)

Citation preview

Page 1: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

THE BANJHI MASSACRE

Police killing of 15 Adivasison 19 April, 1985

Report of the Fact FlndlnqTeamof the People's Union for Civil Liberties, Bihar

Published by

People's Union for Civil Liberties

Page 2: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

Reader in EnglishUniversity of BiharMuzaffarpur

The Bihar Unit of the People's Union for Civil Libertiessent a fact-finding team to Banjhi village in Sahibganjdistrict where 15 Adivasis including a former Member ofParliament, Shri Anthony Murmu were killed and 25 othersseriously injured when the police fired at them on Friday 19thApril, 1985.

Members of the Fact-Finding Team were:

1. Dr. Prabhakar Sinha,(Acting President; PUCL,Bihar)

2. Shri Jawahar Prasad Karn

3. Shri Ravi Shankar Prasad

4. Dr. Sashi Bhushan

.•..

AdvocatePatna High CourtPatna

AdvocatePatna High CourtPatna.

Social ScientistA.N. Sinha Institute ofSocial SciencesPatna

Copies of this book can be had trom :PUCL National Office.A-11. Pushpanjali.Vikas Marg.Delhi-110092

Price: Rs. 2.00

Printed at The Caxton Press. New Delhi-110055

Page 3: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

PREFACE

Among the growing number of marginal communitiesall over India, the Adivasis, which comprise over 7 per centof the total population, have probably faced the largestnumber of violations of their civil and democratic rights.Their habitats have been steadily eroded or, as in the buildingof dams, completely destroyed. Their distinct culture andlifestyles have been subjected to an almost constant batter-ing by mainstream culture. The penetration of the 'outsider'in-Adivasls areas-the official, the contractor, the industrialist,the multi-national-has thus taken on the character of aninvasion-a war in which most often, the Adivasis 'have lost.

In an attempt to resist this systematic encroachmentinto their lives and the erosion of their ecological base,Adivasis have' over the last hundred and fifty years bravelyfought back. But this attempt to retain their lifestyles andtheir access to resources that had traditionally belonged tothem has been seen as a threat both by the local vestedinterests and by the State. The backlash has taken variousforms-from the violent to the more insidious.

The PUCL has from time to time taken up cases ofthese violations for investigation and action. This is a reporton the killing of 15 Adivasis in Banjhi village of SahibganjDistrict of Bihar in police firing. The report brings out avariety of facets of such atrocities on the Adivasis and parti-

1

Page 4: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

cularlv on the Santhals-the clear conspiracy between thelocal authorities and the local vested interests (the mahajan),the raw and reckless brutality of police firing on the onehand and gun-wielding mahajans on the other, the loot andappropriation of resources that legitimately belong to theAdivasis by the non-Adivasis through the machinery of theState, the contempt and scorn with which both the dead andtha living among the Adivasis are treated as if they belongedto some inferior, species, the killing of Adivasi leaders (inthis case including a former Member of Parliament in policecustody), the shameless cooking up of false charges and theease with which officials are allowed to get away with it all.The Report brings out all these and more. It is not just aReport on the cold-blooded killing of l.5 law-abiding citizensof India; it is also a story of the banal brutalization of theIndian State in its dealings with the Santhals.

The ~ihaf Unit of the PUCL is pursuing the case and theprogress of the official commission of Inquiry. It has alreadymade a series. of recommendations; though still short ofhome rule for the Santhals, if implemented these couldcertainly go a long way in improying the/situation.

I

PUCL will keep you informed on developments in thisregion in the future issues of the Pl)CL Bulletin.

Rajni KothariPresident

PEOPLE'S UNION FOR CIVIL LIBERTIES

2

Page 5: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

A team of People's Union for Civil liberties, Bihar,consisting of its Acting President, Dr. Prabhakar Sinhaand three of its Secretaries: Shri Jawahar Prasad Karrr,Shri Ravi Shankar Prasad, Advocates, Patna HighCourt and Dr.. Sashi Bhushan, Social' Scierrtist,A. N. Sinha Institute, Patna, visited Banjhi village of

- Sahibganj District, Bihar, on May 30, 1985 to make acomprehensive enquiry into the police firing there onApril 19, 1985 in which 15 Adi~asis including ShriAnthony Murmu, former Member of Partlarnent (LokSabha.) were killed. The PUCLenquiry was undertakenwith special reference to the following aspects :

(i) The genesis of the entire" incident andwhether the local administration took any.preventive measures in.this regard;

(ii) Whether the police firing was at all necessaryand justified in the circumstances, and

(iii) Whether the conduct of the police after thefiring was justified particularly in matters ofinstitution of cases, disposal of dead bodies,etc.

The Santhals and their grievances

The Santhals have primarily lived a subsistence lifeand attempted to retain their distinct identity and independ-ence despite reqular outside interference. In the recent past,they have been 'systematically exploited and harassed by non-tribals in a number of ways. Though the Santhal ParganasTenancy Act prohibits sale and pifting of land in the SanthalParganas, a sizeable portion of it is in illegal occupation ofmoneylenders and other 'outsiders' in almost every village inthe full knowledge of the government officials. The govern-ment officers and moneylenders are, as a rule, in league and,as such the.tentacles of the moneylenders are too strong and

3

Page 6: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

too many for the Santhals to resist. They have been placingtheir grievances before the higher authorities, but have recei-ved any relief so far. Consequently, there is a strong feelingof resentment and anger. Some of their grievances are as .follows :-

(1) Illegal occupation of their best land, such as lowlying cultivable fields, areas in market centres, communitygrazing land, etc.

(2) Illegal and unlicensed money-lending at exorbitantinterests, facilitated by the non-availability of Governmentloan or financial aid.

'(3) Deprivation of the time-old fishing rights by thegovernment's auctioning of their ponds and rivers.

(4) Control of the government financial sources andwelfare schemes by the locally powerful landlords andmahajans, who wield substantial power at the politicaland administrative levels.

(5) Police terror because of their simplicity andignorance of the legal procedures.

(6) Contemptuous attitude of the officials who considerthem as uncivilized and barbarian.

(7) Abuse of their women-folk.

{S) Non-functioning or improper functioning of theCamp Courts in which both the parties are to make their oralsubmission to the SDO who gives his verdict then and there.

These and several other grievances have created a gulfbetween the tribals and non-tribals-officials and others-which needs to be bridged at the earliest if a permanentbreach between these two sections of the society has to beaverted. -lf this breach ultimately takes place the situation in

4

Page 7: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

the tribal area may go out of control and many more Banjhismay take place in future.

Place of occurance

The events under investigation took place in a villaqeBanjhl, police station Borio, District Sahibganj, which isabout 18 km. from Sahibganj town. In spite of availabilityof pucca road, communication is very poor. The villageconsists of a non-tribal hamlet Banjhi Bazar (population 686)and a tribal hamlet, Banjhi Santhal (population 1109).

Genesis of Events

There is a big pond in the village spread over an areaof about 69 biqhas=. It is very fertile for fishing and fishingrights are settled every year by the local administration as thepond is Gairmajarua Aam. In course of the enquiry, thePUCL team found that the pond had been settled for the year1985-86 with one Mati Bhagat, a non-Adivasi for a paltrysum of Rs. 2000. It is indeed a measure of the extent ofexploitation of the Adivasis of the area that except once, thepond in question has always been settled with non-Adivasisthough it is situated in a predominantly tribal area. It wasfound that the local administration never made any attemptto form a co-operative society of the Adivasis of the area inorder to settle the fishing rights to them.

On March 25, 1985 at about 10 a.m. the tribal peopleof Banjhi and neighbouring villages went to the Banjhi pondfor fishing. The tribal people were called by Mati Bhagat forthe purpose. According to the custom in the area, only after15th March of the settlement year, Adivasis are allowed tofish in the pond. According to the tribal people, Mati Bhagatinstructed them to fish only in one part of the pond and toleave out the other part on·the plea that there were poisonoussnakes there. The Santhals did not comply with his instruc-

• 1 bigha=.65 acre, 1 acre=.404 hectare

5

Page 8: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

tion to fish only in one corner of the pond because there weretooman y people to fish in a small area. Thereupon, MatiBhagat brought the officer-in-charge of the Borio policestation and the Circle Officer of Borio, who too insisted uponthe Santhals to avoid fishing in the area specified by MatiBhagat.

After some discussion, the Santhals moved into thepond for fishing. While fishing in the zone restricted by MatiBhagat and the police, they stumbled on the dead body of atribal. Sathals identified the dead body as that of Hijra .Matru Murmu of village Sabaiya, P. S. Borio. According tothe villagers of Sabaiya, Matru Murmu had gone to attend awedding ceremony a few days earlier wearing gold and silverornaments and since then he had been missing. It is saidthat as soon as Matru's dead body was pulled out of thepond, Mati Bhagat and members of his family fled away on atruck from the village. The tribal people became suspicious.Mati Bhagat's earlier insistence on fishing in only one part ofthe pond, the discovery of Matru's body from the prohibitedarea and disappearance of Mati Bhagat from the village gaverise to the suspicion among the Adivasis that Moti Bhagatmust have a hand in the murder of Matru. The Santhalsrequested the Circle Officer and the police officer of Boriopolice station who were present there, to take immediateaction against Mati Bhagat. The officer-in-charge gave averbal assurance to them that he would take action againstBhagat.

In this connection, it may be stated that an FIR in theBorio police station (Borio PS Case No. 35/85) was insti-tuted by one Shankar Hari, Chowkidar of the village undersections 302 and 201 of the Indian Penal' Code againstunknown. This case relates to the recovery of the dead bodyof Hijra Matru Murmu from the pond. In the FIR it is clearlystated that 5000-6000 Santhals who were fishing in thepond. when the body of Matru Murmu was recovered,

6

Page 9: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

suspected the hand of Mati Bhagat of the village Banjhi inthe killing of Matru Murmu. However, the police did not takeany action against Mati Bhagat despite the fact that the bodyof Matru was found in the presence of.the Circle Officer andthe officer-in-charge of Borio police station. Yet ShankarHari, who is an illiterate chowkidar was chosen to becomethe informant of such a grave bccurance which significantlybecame the precursor of the major holocaust which tookplace on April 19. The team, in the course of the enquiry,further learnt that the dead body of Matru was not takeneither for postmortem or for autopsy and was left openbeside the pond for three days to become a prey to dogs andvultures. After three days the skeleton was taken away bythe police.

Although the police had assured the Santhals of takingaction against the culprits, what followed instead was a com-bined action of the police and the mahajans (i.e, money-lenders as they are called by the local tribals) of the villageon the Banjhi Adivasis the same evening. They unleashed areign of terror on the Santhals at the village market. TheSanthcls had gathered there for the usual weekly marketwhen a jeep load of police from Borio police station arrivedthere. A number of tribal people who were present in themarket told us that without any provocation whatsoever onthe part of the tribal people, the police and the local rnaha-jans began beating the tribal men and women indiscriminately.As a result, the following persons were badly injured:

1) Buddhi Hansdak of village Kendua2) Penda Murmu of village Sablapur

I

3) Lukhi Hansdak of village Jamkindor4) SupaI Hansdak of village Kendua5) Chunni Kishu of village Rakso.

It was reported to us that besides a police constable,the followin.g non-tribal people took part in beating up tribals:

7

Page 10: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

1) Mansur Mia2) Mukti De3) Mahest Bhagat4) Hira Bhagat •5) Badri Bhagat6) Nata Bhagat7,) Madan BhagatAll of them are from village Banjhi.

The calculated and combined atrocity of the police andthe mahajans terrorised the Santhals so much that no Santhaldared to go to the market thereafter for their daily necessities.

It was also found that to teach the Santhals a lesson,Borio P. S. Case No. 34/85 under Sections 147, 149, 452,379, 427 and 935 of the Indian Penal Code was institutedagainst 5-6 thousand unknown Santhals on the same day, l.e.on March 25, 1985. In this FIR it has been alleged thatconsequent upon the discovery of the dead body of MatruMurmu, the Santhals : who were fishing in the pond gotagitated and set fire to the godown of Moti Bhagat anddemaged his house, as they suspected his hand in, themurder of Matru Murmu. This FIR was also lodged by thesame illiterate Shankar Hari, the chowkidar of the village.

Surprisingly this case has been numbered as Borio,P.S. Case No. 34/85 though this deals with the occurrencewhich arose as a result of the discovery of the body ofMatru Murmu which case No. is 35/85 already recorded.Thus t is a case of the consequence preceding thecause.

On 26 March the Santhals of Banjhi called ameeting of the tribal people or the neighbouring villages toregister their protest against the atrocities committed onthem the previous day. At that meeting Shri HarNarayan -Prasad, a sub-divisional officer of Sahibganj,Shri Buddh Ram Kindo, Deputy Superintendent of Police,

8

Page 11: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

Sahibqanj and the Sub Inspector of Police were also present.The tribal people drew their attention to the incident ofMarch 25, and requested them to take action againstthe culprits. According to Santhals, they handed over a listof known non-tribal people who were consistently oppressingand criminally assaulting them. The Santhals also demandedthat the market of Banjhi be removed from the village Banjhito the neighbouring village Sahaiya and they be allowed tofish in the pond.

The tribal people gave the team a copy of their writtenassurance said to have been given to the Santhals by theSOO promising them that the culprits responsible for themurder of Matru Murmu and for committing atrocities onthem would be caught and punished. .

Although the SOO had given a written assurance tothe Santhals as aforesaid, nothing was done to fulfil it.According to the tribal people, the culprits were found freelymoving about at Banjhi and the police in spite of the assu-rance, did not take any action against them and as suchthey realised that the administration was in league withMahajans and indifferent to the injustice done to them.

In this background another meeting at village Rakso,was called by the tribal people on April 15 and at thatmeeting also they demanded action against Mati Bhagat andother culprits, but nothinq-was done.

Friday,-..April 19, 1985

On the morning of April 19, some Santhals demandedthat the logs of wood stacked in their field' by one SadiqueMian of village Banjhi be removed as they wanted to culti-vate their fields. Sadique Mian and many other non-Adivasishad been in the practice of stacking their logs of woods oftenillegally felled from the jungle in the fields of adivasis tilltheir final disposal, The demand of the adivasis infuriated

9

Page 12: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

Sadique Mian and other non-tribals and with a view to teachthem a lesson for their audacity they opened fire with country-made pistols to terrorise the tribals. At about 11.30 a.rn., inprotest, a meeting was held in which about six hundredSanthals participated. They were discussing about the waysto protect their lives. In the meantime, the SOD, OSP anda bus load of police and a truck load of non-tribals carryingguns and fire-arms arrived there. The Santhals, when theycame to know about the arrival of the SOD, decided to senda delegation of five tribals led by Anthony Murmu (ex-MP)to approach the SOO and in order to arrive at a solution in apeaceful manner, especially because the SOO had given thema written assurance earlier. The delegation consisted of thefollowing:

1. Anthony Murmu (ex-MP)2. Madan Murmu3. Barka Murmu4. Jetha Murmu5. Babu Lal Soren

As the delegation went to meet the SOO w~o was nearthe 'Panchayat Bhawan' situated in the market area of villageBanjhi. the rest of the participants of the meeting remained inthe Santhal basti. The delegates met the SOO and the OSPon the verandah of the government dispensary opposite tothe Panchayat Bhawan and complained against the firing onthe tribals on that morning by the non-tribals. According toeye-witnesses when the delegation were talking to the autho-rities, Gspal Bhagat of. village Banjhi was also present withthe SOO and the following persons, all from the village werestanding with pis,tols on the roof tops :

"

1. Mohan Bhagat3. Kayum Bhagat5. Mansur Mian7. Oeva Bhagat

2. Oilip Bhagat4. Bhadri Bhagat6. Mohammed Jamaluddin8. Kalyan Bhagat

10

Page 13: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

The SDO, after hearing the grievances of the delegatestried to explain away the firing by saying that there were nogun shots but only bursting of crackers. He was not readyto believe the version of the delegates that the tribals hadseen the non-tribal youths holding guns aiming at them.

According to the eye-witnesses as the meeting with theSDO was in progress the tribal people who were waiting atthe meeting place for the arrival of the delegates, movedforward from Santhal bastis towards Panchayat Bhawan andreached the market to know as to why the delegates had notyet returned. At this, the SDO sent back two of the dele-gates namely Jetha Murmu and Barka Murmu with instruc-t ions to make the tribal people wait for some more time.

According to eye-witnesses, namely Jetha Murmu,Barka Murmu and others, within minutes, a few non-tribalsapproached the SDO Har Narayan Prasadand raised an alarmthat their houses had been set on fire. Without verifying it,the SDO ordered the two members of the delegation namelyAnthony Murmu and Madan Murmu, to be taken inside thePanchayat Bhawan. Thereafter, about four police menpushed them inside the hall. Simultaneously, the SDOordered for firing and accordingly the police started firingupon the tribals indiscriminately in which some of the armednon-tribals also joined. In the course of its enquiry, thePUCl team found that no lathi charge or tear gas precededthe actual firing as is normally done nor any warnlnp given.Many R.,ersonsdied on the spot and many more sufferedbullet and pellet injuries. After the firing, the mob dispersedImmediately. The Santhals narrated before us that they wereat a loss to understand, as to what happened to their twoleaders namely Anthony Murrt:lu and Madan Murmu who werelocked inside the Panchavat Bhawan by the police. It is onlytwo days later that they learn that Anthony Murmu andMadan Murmu were killed in custody. This apprehensionwas confirmed as some of the Santhals noticed blood stains

/'

11

Page 14: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

- Banjhi

in the grain godown adjoining the Panchavat Bhawan.

The following persons died in the firing and accordingto the eye-witnesses they were taken in a truck and a bustowards Sahibganj :

1. Anthony Murmu2. Madan Murmu3. Madgu Murmu4. Thakur Tuddu5. Dumca Besra6. Tribhuwan Mahri7. Anna Murmu8. Sakorla Tuddu9. Dukka Tuddu

10. Isore Murmu11. Barka Murmu12. Kandon Murmu13. Munshi Maraia14. Panda Maradi15. Badgo Hembrum

- Khari

- Harkso- Sawaiya

- Paharpur

- Kendua- Tudua-.«andor

According to witnesses the following persons wereinjured in the firing :

1. Maran Murmu2. Mando Soren3. Juggu Hansda4. Pradhan Hansda5. Raju Marandi6. Lukhi Ram Marandi7. Chunka Soren8. Dukha Tuddu9. Supal Hansda

10. Ghena Mardi11. Dunu Murmu12. Ramsai Marhi

12

- Madwa- Kari- Sawaiya

- Banjhi

- Kendwa

- Rakhso- Mongra

Page 15: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

13. Munsa Hembram14. Barka Hansdak15. Durga Soren16. Badri Hansdak17. Chand Murmu18. Ram Soren19. Hardas Hansdak20. Jetha Mardi21 . RagardhamTuddu22. Damca Hansdok23. Sam Marandi24. Sibu Maraiya25. Ghusa Murmu

Mangri Tikkar- Kodma- Metio- Kandor- Jam Kunder

/ - Diggi- Koldiha- Khijiria- Kedua

- Rakso

- Banjhi

Most of the injured received bullet or pellet mjunes,Notable among the injured who received pellet injurieswas Ghusa Murmu of village Banjhi. Pellet is not used bypolice, which goes to confirm that 'non-triblas also fired atthe same time along with the police.

On enquiry, it was revealed that the dead bodies weretaken to Bhagalpur where all excluding Anthony Murmu werecremated at Barari Ghat. Neither the nearest· relation wereinformed nor the bodies were given to them. The brother ofShri Anthony Murmu, B. Murmu, who is posted as SupplyInspector at Bhagalpur, had great difficulty in getting thebody of his brother. He told us when the team met him atBhagalpur that he noticed multiple injuries on the body ofAnthony Murmu and it also had a foul smell. He furthersaid thfft he was forced to bury the body in the presence ofthe policemen in the cemetry situated in Sahibganj Mahaliain Bhagalpur.

It may be noted that an FIR being Borio P. S. CaseNo. 53 of 1985 was instituted on April 23, on the basis of afardbayan of one Ranju Marandi of village Sabaiya. Thisfardbayan w.as recorded in the Sadar Hospital, Sahibganj by

Page 16: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

the Inspector of the Sahibganj town police station where theinformant was lying injured. In this FIR inter-alia it has beenalleged that on April 19, the tribals were attacked by thenon-tribals who were variously armed. They fired upon theSanthals as a result of which many persons were injuredincluding the informant. It is indeed curious that in this FIRno mention at all has been made about the firing made bythe police nor any statement about what happened toAnthony Murmu, who is mentioned in this FIR as having ledthe tribals. This omission becomes all the more conspicu-

, ous when it is found that this FIR was lodged after fourdays of the occurrence. We took the evidence of RanjuMarandi in which he stated that he' is not aware of thecontents of the FIR in which he had been shown as aninformant. '

According to the FIR lodged by SOO, Sahibganj relatingto the incidents of April 19 which is ~umbered as Borio P, S,Case No. 49/85, he was informed by the Oy. CommissionerSahibganj, that, the tribals of the vi lIage Banjhi were blockingthe Road to the village by felling trees on it and werepreventinq non-tribals from entering the village, The FIRfurther states that the SOO managed to reach the village byclearing the road and found a mob of Adivasis numberingfifteen thousand armed with bows-arrows and other lethalweapons indulging in arson involving a post office and 4-5houses of non-adivasis. According to the SOO as stated inthe FIR he declared the assembly unlawful and ordered thetribals to disperse which they defiantly refused to do.Thereupon the SOO ordered for lathi charge and bursting oftear gas shells which again accarding to him failed to dis-perse the mob and made them more via lent.. According tothis FIR, violent Adivasis attacked the police force by shootingvolleys of arrows from different directions. Fearing the lossof government property and lives of police personnel heordered the police to fire 5 rounds initially and 20 rounds

14

Page 17: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

thereafter, resulting in killing of 15 adivasis.

It is indeed curious that a 15,000 strong mob of violenttribals shot arrows at the police force and nobody wasinjured seriously enough to be taken to a hospital - for treat-ment. It is also curious that by this volleys of arrows shotbv 15,000 tribals, only six policemen suffered injuriesaccording to FIR lodged by the SDO.

Conclusion

The PUCL team found that the simple and innocenttribals are being systematically exploited and harassed by thenon-tribals of the area and the growing awareness of theirrights and consciousness of the injustice and humiliation towhich they are subjected, have given rise to a strong sense ofhostility towards non-tribals {called Dikus) among them. Thenon-tribals not only exploit them but treat them with anarrogance which would inevitably invite the hostility of thosehumiliated. The public servants who as a rule are non-tribals are no exceptions and have the same feeling ofsuperiority over the tribe's. ' In addition, local officials arealmost always in league with the non-tribals. This role ofthe local officials has given rise to a deep suspicion amongstthe Adivasis against them. Consequently, they are not inthe eyes of the Adivasls impartial public servants to whomthey may turn for justice but are allies of their exploiters.This has seriously undermined their roles as dispensers ofjustice and with their eroded credibil-ity they are least likelyto promote peace between the Adivasis and non-Adivasis ofthe area.

Had administration acted immediately after the ·disco-very of the dead body of Hijra Matru Murmu by taking actionagainst Moti Bhagat the situation would not have gone on

-deteriorating leading to the tragic events of the April 19.Though the dead body of Hijra Matru Murmu was found on

15

Page 18: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

March 25, and the FIR was lodged then only (in which theSanthal's suspicion that Moti Bhagat was responsible for itwas recorded), the police continued to sit over the matter tillApril 24 i.e., till 5 days after the firing. It is only after thefiring that a warrant of arrest was issued against him on April24 by the SOM, Sahibganj. Again, no arrest was made andonly 50 truck loads of wood was attached by the policeunder section 82 and 83 of Cr.P.C. The callous attitude ofthe administration towards Adivasis is also evident from thefact that the dead body of the unfortunate Hijra MatruMurmu was left on the bank of the pond for three days tobe -eaten by dogs and vultures, although it was found in thepresence of police officer of Borio P.S. and the circle officerof the area.

(ii) On the basis of the evidence of the Adivasis ofBanjhi the FIRs filed in connection with the various incidents(at Banjhi) and other relevant materials, the PUCL team hascome to the conclusion that the firing on April 19 wasunwarranted and unjustified. The FIR filed by the SOO itselfreads like a concocted story in so far as it states that a 15,000strong mob of violent Adivasis rained arrows on the policeparty from different directions which resulted in injuries toonly six police men. It has been found that they were notinjured seriously enough to need the treatment of competentallopathic doctors and instead were given Ayurvedic treat-ment.

The team is also of the opinion that the minor incidentof burning of 4 to 5 small houses was the deed of non-adivasis who wanted a pretext to shoot the Adivasis andalso to give the pretext to the police to open fire. It cannot,however, be categorically stated whether they acted on theirown or in collusion with the administration.

(iii) The facts and circumstances also establish thatfully armed jion-Adivasis were on the scence of occurrence

16

Page 19: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

with full knowledge of the SOO and the police party andthat they also opened fire on the Adivasis injuring many ofthem and maybe even killing a few of them. In the absenceof the postmortem report it cannot be categorically statedwhether any Adivasi was killed by their firing though a strongpossibility exists.

(iv) The enquiry team is of the firm opinion thatAnthony Murmu and Madan Murmu, the detained members ofthe delegation were killed in police custody itself and not as aresult of the firing on the crowd of the Adivasis.

(v) The PUCL team has come to the conclusion thatgovernment officers concerned have been callous towards theAdivasis both living and dead. Their contempt for the livingis evident in the wanton killing of 15 Adivasis withoutjustification and for the dead in· the manner the deadbodies were disposed of. The dead body of Hijra MatruIVLJrmuwas left by the Circle Officer and the police partyon the bank of pond for three days and those of the victimsof the firing on April 19, were disposed of at Bhagalpur bythe administration without any attempt to hand them over totheir near relatives. The fact that the dead bodies except thatof Anthony Murmu were cremated at Barari Ghat at Bhagal-pur without ascertaining the religion of the victims and theappropriate manner of performing their last rites itseif speaksvolumes about the official attitude. Anthony Murmu could..be buried in a cemetry only because he was fortunate inhaving his brother posted at Bhagalpur, who made all possi-ble efforts to get him buried, even though it could be doneonly under the shadow of the guns of the police men guard-ing the place and the dead body.

Suggestions

In view of the magnitude of the exploitation and illtreat-ment of the. Santhals it is imperative that the government

17

Page 20: THE BANJHI MASSACRE - People's Union for Civil … · THE BANJHI MASSACRE Police killing of 15 Adivasis on 19 April, 1985 Report of the Fact FlndlnqTeam of the People's Union for

undertakes immediate legislative as well as administrativemeasures to put an end to the systematic oppression onthe Adivasis. It is not an accident that there has been aspate of police firings in the tribal areas of Bihar. To citeonly a few examples there were police firings in Gijisman in1979, Saraiyahaat in 1980, Belajori in 1982 and Banjhi in1985-all places in the Santhal Paragans. Police firings inthe district of Singhbhum are even more frequent. The follo-wing steps are suggested to defuse the tension between thenon-tribals and the Adivasis.

(i) A Commission should be set up to study the prob-lems of the tribal people and recommend ways and meansto end exploitation and harassment.

(ii) Specially selected government officials should beposted in tribal areas who respect the rights of Adivasis overland and other resources.

(iii) Immediate steps should be taken to restore to theSanthals their land illegally occupied by the non-tribal'mahajans '.

(iv) Some of the problems like fishing rights may betaken care of by forming cooperatives of the tribal people andsettling the ponds to the cooperative of the area, concerned.

(v) Immediate steps should also be taken to ensurethat their women-folk are not molested or abused and thetribal people as a whole are not subjected to harassment orinsulting treatment by non-tribals.

These measures may defuse the tension and providethe government the necessary time for taking comprehensivemeasures to finally solve the problems of the Adivasis whilstcreating conditions for the Adivasis to live relatively undis-turbed and in dignity.

Prabhakar SinhaJawahar Prasad KarnShashi BhushanRavi Shankar Prasad

Published by Y.P. Chhibbar, General Secretary, NationalP.U.CL, A-! 1, Pushpanjali, Vikas Marg, Delhi-92

18