PUCL condemns the ban on Moolvasi Bachao Manch (MBM)
By PUCL NATIONAL
Ban on Moolvasi Bachao Manch Defeats the Constitutional Rights of a Peaceful Democratic Movement
Chhattisgarh PUCL strongly condemns the ban imposed on Moolvasi Bachao Manch (MBM) under the sections of the Chhattisgarh Special Public Security Act – MBM has been peacefully agitating against the repression of tribals in the guise of anti-Maoist operations, against their displacement from their forests, lands and water sources, and for the protection of their constitutional rights. This step of the BJP government is nothing less than the murder of constitutional rights of a peaceful democratic movement.
Moolvasi Bachao Manch has been agitating for the past few years in democratic and peaceful ways against the killings and arrests of innocent tribals, and against the establishment of police camps in the fifth scheduled areas without the consents of the concerned Gram Sabhas. From the murders of innocent tribals in the Silger movement, to the death of a six-month-old baby in village Mutvendi, and the bombings in Bastar villages by security forces, and the killings of ordinary villagers in Pidia by calling them Maoists – Moolvasi Bachao Manch has raised its voice against all these on behalf of Adivasi villagers by peacefully protesting them. They have been staging indefinite dharnas for the more than two years in Silger, Nambi Dhara, Mukaram, Gorna and many other places, in protest against the opening of new security camps without the permission of the respective Gram Sabhas.
The only reason stated in the State Government notification dated 30.10.2024 for banning the Moolvasi Bachao Manch is that it “continuously opposes development works being carried out by the Central and State Governments in the Maoist-affected areas and opposes the camps of the security forces being built for the operation of these development works and incites the general public against them”. This is a completely false allegation against the Moolvasi Bachao Manch – while they have certainly opposed the camps, it is wrong to say that they have opposed development.
The organization has itself raised the demand for schools and health services in many places, but has consistently protested against extractive industries such as mining and timber, and the construction of roads and bridges to facilitate these. Surely, all communities can decide for themselves what kind of development they want! Is it now a crime to oppose government policies in Maoist-affected areas? Both, the PESA Act and the Recognition of Forest Rights Act have mandatory provisions requiring consent of Gram Sabhas in the Fifth Scheduled Areas, but these provisions are being flagrantly flouted throughout Bastar.
There has never been any violence, or violent activity, or any call for violences in the dozens of demonstrations of the Moolvasi Bachao Manch, nor has the public ever been exhorted to take up arms in any manner. Even the State Government notification does not mention any purported violent activities conducted by them. Public representatives of all electoral parties in the state, and prominent leaders of all hues and social organizations have participated in their protests. The Moolvasi Bachao Manch was also invited for a discussion with the Chief Minister after the Silger incident, and they have been in continuous touch with the Collectors and SPs of various districts of Bastar. Banning a democratic youth organization in this manner is a clear message that the government will not tolerate any dissent with its policies.
Article 19(1)(c) of the Indian Constitution guarantees its citizens the fundamental right to organize and associate. This right gives Indian citizens the freedom to form social, cultural, economic, or political associations, through which they can come together to achieve common goals or interests. The purview of any fundamental right can be limited or curtailed only if there is concrete evidence, and cogent and pressing reasons for it, but the Government notification fails to indicate any such reasons.
The Supreme Court itself has held In Re: ‘Ramlila Maidan Incident Dt 4/5.06.2011 vs. Home Secretary, Union of India & Ors ([2012] 4 S.C.R. 971)’ that –
“200. Freedom of speech, right to assemble and demonstrate by holding dharnas and peaceful agitations are the basic features of a democratic system. The people of a democratic country like ours have a right to raise their voice against the decisions and actions of the Government or even to express their resentment over the actions of the Government on any subject of social or national importance. The Government has to respect and, in fact, encourage exercise of such rights. It is the abundant duty of the State to aid the exercise of the right to freedom of speech as understood in its comprehensive sense and not to throttle or frustrate exercise of such rights by exercising its executive or legislative powers and passing orders or taking action in that direction in the name of reasonable restrictions. The preventive steps should be founded on actual and prominent threat endangering public order and tranquility, as it may disturb the social order. This delegate power vested in the State has to be exercised with great caution and free from arbitrariness. It must serve the ends of the constitutional rights rather than to subvert them.”
Through this ban, the state government is paving the way for handing over the mineral rich, forested land of Bastar to corporate houses by suppressing the voice of indigenous inhabitants of Bastar. It is well-known that ordinary Adivasis and other inhabitants of Bastar are being killed in fake encounters and put in jail under false cases, in the name of anti-Maoist campaigns. Instead of establishing a dialogue with these promising youth, it is sorely disappointing that the State Government is banning this peaceful youth movement and further pushing the youth of Bastar towards Maoism.
Junas Tirkey (President)
Kaladas Dehariya (General Secretary)