Tribal undertrials cry injustice, go on hunger strike

Around 50 adivasis of Gadchiroli district incarcerated at the Nagpur Central Prison as political prisoners have commenced a hunger strike from 10th December, the International Human Rights Day.

For the past two years, these undertrials have been protesting the failure of the judicial process and high handedness of the local district police. These tribals have not even been presented in the court for as many as 23 months. Many have expressed shock and surprise that this is happening to people from a district which has Maharashtra home minister RR Patil himself as guardian minister.

Several of these adivasis have been repeatedly re-arrested immediately after the courts threw out earlier cases against them. “We have not even been able to come out of prison and go home before the police keep arresting us as Naxalites. Some of us have been in prison for nearly six years now,” says a handwritten letter written by the inmates circulated by their lawyer Surendra Gadling.

Gadling told DNA, “When they find that many of the cases are being thrown out by courts , they simply stop presenting them.”

Sure enough RR Patil said, “This must be happening in isolated cases and is being exaggerated. Often police find themselves short-staffed and do not have enough manpower to take the under-trials. Our government is committed to justice.”

Incidentally, Patil's assurances must leave many with a feeling of deja vu. In April 2011, replying to a question raised by MLC Shoba Fadnavis Patil had promised the legislative council that he would review all cases of tribals arrested under Naxalism charges in Gadchiroli.

“Its been 21 months since,” Fadnavis says, “If the government was serious there would be at least some movement. Here we see the more and more injustices being heaped on the hapless tribals. This is a recipe for disaster as the state governement is going on alienating its own people.”

Fadnavis' words ring true when one looks at the case of one and half-year-old Azad Kalmati who was born in the Amravati prison after his mother was arrested when five months pregnant. He has lived there with his mother while his father Rajesh Kalmati, despite numerous pleas to the authorities, has been kept in the Nagpur prison.

Incidentally, the local court threw out the case made out against the couple earlier on September 23. “Just when we were hoping that we will be reunited as a family, the police have filed a new case under the Arms Act against us,” complains Rajesh in another letter written from prison.

Gadling says he is shocked at the callousness with which the police are disregarding even Supreme Court guidelines on not handcuffing under-trials. “The few who are taken to court are fettered and handcuffed. This is done to break their spirit to fight injustice.”

The hunger strikers main demand relates the to the government's apathy in making the newly constructed Gadchiroli district prison operational. “If the prison is in the same district at least our families can come visit sometimes. Now the cost of travelling to the far off prisons prevents them from doing so.”

The new prison, constructed over 17.5 hectares at a cost of around Rs 14 crore two years ago, is already in shambles with most of the doors windows and fixtures including electrical and sanitary parts worth over Rs 20 lakh already stolen. The prison department says it cannot take charge of he building in its present condition.

While the PWD department and the Prisons' Department slug it out, tribals of Gadchiroli are incarcerated in Nagpur, Amravati and Chandrapur- prisons, often even 300 km from the trial courts.

Senior police officials admit that the state government could tackle several logistical and human problems by simply getting the Gadchiroli prison operational. Patil refused to comment on when this is likely to happen.