Condemn The Arrest Of Anti-Mining Activist Kartik Naik In Tijimali, Odisha


  • September 27, 2024
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Kartik Naik is one of the leading Dalit activists from the anti-mining group Ma Maati Maali Surakhya Manch (Rayagada-Kalahandi) in Odisha. Kartik is among the activists who are resisting the setting up of a bauxite mine in the Sijimali/Tijmali hills in Rayagada and Kalahandi districts of South Odisha by Vedanta Ltd.

 

Thirty-year-old Kartik was picked up by the Kashipur police on 19 September, 2024 around 11.30 am. Thousands of villagers from the Tijimali region marched to the police station to demand his release under false and fabricated charges. But, Kartik still remains in jail.

 

A large number of trade unions, peasant unions, human rights organisations, anti-mining struggle groups, mass organisations and activists from Odisha have come forward and condemned the arrest of Kartik Naik. In a statement released to the press, they have expressed concern that instead of following the democratic norms and the due process of law in assuring Adivasis and Dalits their rights in Schedule V areas, the Odisha government is acting blatantly illegally and at the behest of mining companies. 

 

The signatories have demanded immediate release of Kartik Naik, and withdrawal of all cases and FIRs pending against the people resisting the Sijimali bauxite mining project.

 

The full statement is given below:

 

CONDEMN THE ARREST OF KARTIK NAIK IN TIJIMALI, ODISHA

 

PRESS STATEMENT

27 September 2024

Bhubaneswar, Odisha

 

We, unequivocally condemn the arrest of Kartik Naik, a vocal and committed leader of the struggle against Vedanta’s bauxite mining in South Odisha.

 

Thirty-year-old Kartik was picked up by the Kashipur police on 19 September, 2024 around 11.30 am as he left the bank. He was whisked off to the Kashipur JMFC court after a brief halt at the Kashipur police station. After a few hours, he was then held in the Raygada sub-jail.

 

On the same day, over a thousand villagers, from the Tijimali region, marched to the police station to demand his release. They staged a protest till late evening. The administration and police had a tough time quelling their rage and sense of injustice. They eventually agreed to release Kartik Naik, and also promised that no more false and fabricated charges would be foisted on the people of Tijimali. However, it came to light that yet another FIR was lodged against 200 villagers by the police and administration that night itself, allegedly for the havoc the villagers created at the police station. And, Kartik remains in jail. 

 

Speaking from the jail, Kartik Naik has expressed concern for his people. He has said he is prepared to face jail or even sacrifice his life to protect the mountains and the forests from mining. He has urged people to continue the anti-mining struggle in the region through ahimsa and peaceful means. Kartik has said that since the people are struggling for rights enshrined in the Constitution, the struggle will continue as long as the Constitution remains.

 

The region of Tijimali, Kutrumali, and Majhingmali, inhabited mainly by Adivasis and Dalits, spreads across Kashipur of Raygada district and Thuamal Rampur of Kalahandi district. This area comes under the Fifth Schedule of the Constitution. However, people’s opinions were not sought, nor their consent taken, when the bauxite reserves of Tijimali and Kuturumali were leased to Vedanta and the Adani group, respectively. This is a deep violation of Constitution- mandated procedure. 

 

Rather, a contract company of Vedanta by the name of Mythri began doing the rounds of the villages of Tijimlai early last year, getting intelligence on the villagers.

 

In September 2023, people of the region denounced the proposed mining plans of Vedanta and exposed the intimidation tactics, at the two Public Hearings for an Environment Clearance for the proposed mining. Villagers deposed about how mining would adversely affect their lives, livelihood, streams and the entire habitat. Most importantly, the site location is the abode of the sacred deity, Tijiraja. 

 

People also sent an appeal to the President of India on Republic Day 2024 for the implementation of their constitutional rights. 

 

Most recently, people conducted their own Gram Sabhas from August 30 to September 4, 2024, in eight villages of Kashipur block and two villages of Thuamal Rampur block. This was as per their rights under the Forest Rights Act & PESA act. They rejected the fake Gram Sabhas that the administration had held on 8 December, 2023, which had a massive police force and which was held in the presence of company personnel. Complaints were registered by people in the two police stations against the fake gram sabhas.

 

The strong unity of the people for over 1.5 years has certainly alarmed the administration, which has, therefore, now begun another round of repression. 

 

Kartik’s arrest is on the basis of an FIR filed by Mythri company, regarding a controversial incident that allegedly took place on January 12, 2024. The Mythri company personnel claim that they were attacked by about 40 people at a village. Almost all the names they gave are those of local leaders or members of Maa Maati Maali Surakhya Manch, the organisation steering the anti-mining protests. One of the names is Kartik’s.

 

The police are taking action on the FIR after 9 months, which raises many questions, as all the persons are visible and known, and, moreover, have maintained a public presence. Some of the issues in the arrest are as follows. 

 

First, the Raygada police obtained arrest warrants through the court on August 29, 2024  as apparently the accused were “absconding”.  The court issued NBWs without sending any notice or summons to the eleven persons, including Kartik Naik, thereby not following the principles and procedures set out by the Honourable Apex court in many cases.

 

Second, all the named people followed a regular daily routine and were clearly not absconding. Some had even organized Gram Sabhas, and were highly visible. Kartik himself was picked up as he stepped out of a bank where he had applied for a loan to set up a small grocery shop on the main road. 

 

It is to be noted that while people struggle to win their constitutionally mandated rights, the administration responds only through extreme control using rough intimidation tactics. 

 

For instance, in the period preceding the State Assembly and General elections of 2024, the Executive Magistrate sent a show cause notice to activists and leaders, to state why they should not be directed to sign a bond to keep peace and tranquility in the area. This was done under s. 107 CrPc, that is tantamount to being a “habitual offender” in the eyes of the law. This law is itself a remnant of the Criminal Tribes colonial legislation. 

 

Criminalizing entire communities who seek to protect their lives and habitat through undemocratic and repressive measures has been the modus operandi of the police and administration from colonial times till the present. 

 

We are deeply concerned that instead of following the democratic norms and the due process of law in assuring Adivasis and Dalits their rights in Schedule V areas, the Odisha government is acting blatantly illegally and at the behest of mining companies. 

 

It is deeply ironic that though there is an Adivasi President of India and now an Adivasi Chief Minister, the illegal and coercive exploitation of natural resources, especially in Schedule V areas, continues, alienating Adivasi and Dalit communities from their sustenance, livelihood, identity, and habitat. Their courage to protect the mountains and forests is met with sharp repression and arrests. 

 

We, the undersigned, demand the Odisha Government to:

 

1. Withdraw all cases and FIRs pending against the people resisting the Tijimali bauxite mining project.

 

2. Release Kartik Naik immediately. 

 

3. Uphold the resolutions of the Gram Sabhas held by the people from August 30 to September 4, 2024. 

 

4. Take the necessary action as per the complaints filed by the people in Kashipur and Thuamal Rampur police stations on 23.09.24 and 24.09.24, respectively.

 

Endorsed By:

 

  1. Abani Gaya, Advocate and Convenor, Manav Adhikar Surakhya Manch (MASM)
  2. Ananta, Advisor, Lokmukti Sangathan, Jharsuguda
  3. Ashok Pradhan, Convenor, Paschima Odisha Krushaka Sangathan Samanvya Samiti
  4. Bichitra Patra, Trade Union Centre of India (TUCI), Odisha
  5. Biswapriya Kanungo, Advocate and Activist, Bhubaneswar
  6. Chandranath Dani, Advocate, Human Rights Defenders Alert India (HRDA)
  7. Dandapani Mohanty, Human Rights Activist, Berhampur
  8. Debaranjan, Ganatantrik Adhikar Surakhya Sangathan (GASS), Odisha
  9. Dr Randall Sequira, Kalahandi
  10. Evangelina Kullu, Indigenous Cultural Activist, Rajgangpur
  11. Gopinath Nayak, Basti Surakshya Mancha, Bhubaneswar
  12. Hena Barik, President, Basti Surakshya Mancha, Bhubaneswar
  13. Laxmi Nrusingha, Lok Shakti Abhiyan, Berhampur
  14. Lenin Kumar, Poet, Bhubaneswar
  15. Lingaraj Azad, Advisor, Niyamgiri Suraksha Samiti (NSS), Kalahandi
  16. Madhusudan, Mulniwasi Samajsevak Sangh, Berhampur
  17. Mahendra Parida, General Secretary, AICCTU
  18. Meena Bhoi, AIRWO
  19. Narendra Mohanty, Campaign against Fabricated Cases
  20. Nigamanand Sadangi, Writer, Bhubaneswar
  21. P Parvati, General Secretary, Odisha MNREGA Sramika Union
  22. Prafulla Samantara, Lok Shakti Abhiyan, Odisha
  23. Pramod Mohanty, AITUC, Jeypore
  24. Pramodini Pradhan, PUCL, Odisha
  25. Prasant Paikray, Spokesperson, Anti-Jindal & Anti-POSCO Movement
  26. Pratap Ch Pradhan, National Secretary, IFTU
  27. Pratap Nayak, Secretary, All India Kishan Mazdoor Sabha (AIKMS)
  28. Radhakant Sethi, AICCTU
  29. Radharani Maharana, AIRWO
  30. Raja Raman, Student of Adivasi Movements, Bhubaneswar
  31. Ramchandra Badatya, Secretary, TUCI
  32. Ranjana Padhi, Author and Activist, Bhubaneswar
  33. Rumita Kundu, Human Rights Activist, Bhubaneswar
  34. Sandeep Pattnaik, Social Activist, Bhubaneswar
  35. Sankar Sahu, Inquilab, All India Krantikari Kisan Sabha (AIKKS), Odisha
  36. Saroj Mohanty, Convenor, Deshi Bihana Surakhya Mancha
  37. Sasi Rekha Behera, Secretary, Gharoi Mahila Sramika Union
  38. Sharanya, Activist, Koraput
  39. Simanchal Das, Basti Surakshya Mancha, Bhubaneswar
  40. Soumya Nath, University of Sussex
  41. Srikant Mohanty, State Secretary, Chasi Mulia Sangha (AIKMKS)
  42. Srimanta Mohanty, Political Activist, Bhubaneswar
  43. Sudhir Pattnaik, Media Person, Bhubaneswar
  44. Suresh Chandra Panigrahi, General Secretary, Odisha Krushak Sabha
  45. Swati Azad, Social Activist, Bhubaneswar
  46. Tuna Mallick, State Secretary, Adibasi Bharat Mahasabha (ABM)

 

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