NAXALISM AND LAW

RELATING IN INDIA

SUBMITTED BY
V.VIGNESH
1st YEAR LL.M
GOVT LAW COLLEGE, TRICIRAPPALI
 CONTENTS OF THIS PROJECT

INTRODUCTION 1

LITRATURE REVIEW 2

OBJECTIVE 2

PART I- GENERAL DISCUSSINON, ORINGIN AND VARIOUS ISSUES 3

 INTRODUCTION – GENEAL DISCUSSION “NAXALISM”

CURRENT SITUTION 3

ORIGIN AND DEVELOPMENT OF NAXALISM IN INDIA 6

1967-NAXALBARI 6

PEOPLES WAR GROUP 8

SOCIAL, ECONOMICAL AND POLITICAL ISSUE AND NAXALISM 9

PARTII- LEGAL FRAMWORK WITH REFERENCE OF TRIBALS AND DALITS

COMMITTEE REPORTS 22

PARTIII- MEASURES TO TACKLE THE NAXAL PROBLEM 24

SUGGESTIONS AND CONCLUSIONS 25

REFERENCE AND BIBLIOGRAPHY 26

INTRODUCTION

In the coming years, Naxalism will become the most important internal security threat to
India. Poverty, maladministration, nepotism, bribery and lack of education were the
traditional causes of this extremism. In Naxalism, there is also a sense of deprivation and
injustice. There is also a sense that the lowest sections of society are not empowered and need
to agitate for their rights. There is a great need to improve the standards of governance in
Naxal-affected tribal areas. Terrorism associated with Islamic fundamentalism is growing;
hence the government has to become more vigilant. At the same time, the right to freedom of
speech and expression should not be misused.

The recent year‘s Naxal incidents have shown a different face of Naxlism, which is far away
from its initial targets. They are not only limited to attacks and explosions but also actively
involved in economic exploitation, paving way for the rich businessman and industrialist to
exploit the land, people and their resources as much as they want.

NAXALITE OR NAXALISM

Is an informal name given to radical, often violent, revolutionary communist groups that were
born out of the Sino-Soviet split in the Indian communist movement. Ideologically they
belong to various trends of Maoism. Initially the movement had its epicenter in West Bengal.
In recent years, they have spread into less developed areas of rural central and eastern India,
such as Chhattisgarh and Andhra Pradesh through the activities of underground groups like
the Communist Party of India (Maoist). The CPI (Maoist) and some other Naxal factions are
considered terrorists by the Government of India and various state governments in India.
STATEMENT OF PROBLEM

The present study focuses on the naxal problem which is a grave threat to constitutional
governance. This study analyzes the origin and current situation of various state and the
social, economic and political condition with reference to naxalism. This study also analyzes
legal framework and constitutional provision with reference to Tribal and Datils who are
main ingredient of Naxal affected area. The aim of this study is provide information about
Naxalism, a threat to constitutional governance.

HYPOTHESIS

 Naxalite movement in mainland India constitutes a grave challenge to democratic

governance.
 Failure of political mechanism and concept of social justice is root cause of naxal as
threat to internal security and Constitutional Governance.

MHEODOLOGY

In this study the methodology is being used is Doctrinal Methods. The present study has
compiled the information by variety of methods of data collection. The data is collected from
various Government Organization and secondary source of information like published
reports, researches, journal and other literature available on the internet.
LITRATURE REVIEW

(R.K.Mishra) 2004 ―The naxalism is a big threat to political security, development and
public perception management front in a holistic manner. Naxalism affect some 170 of
India‘s 602 district. Naxalite means remain an area of serious concern. (P.V. Ramana) 2005
― The wider spread socio-economic, political and regional inequalities present in the country,
coupled with poverty, unemployment and lack of proper infrastructure remain the basic cause
for continuance and spatial expansion of Naxalism.(PM. Manmohan Singh) 2005 ―The
threat of Naxalism is geographically spread out to the more backward region and district of
our country.(The Indian Police Journal) 2009 Naxalism has emerged as the most poteint
threat to internal security in India. The aim of naxals to from a Compact Revolutionary Zone
and a Red Corridor from Pashupati in Nepal to Triupati in Andhra Pradesh is a serious
challenge before our internal security.

OBJECTIVE

 To analyze origin of naxalism and social, economical and political condition of naxal
affected communities.
 To analysis of Legal framework and Constitutional provision with reference to naxal
affected area and communities.

PART I- GENERAL DISCUSSINON, ORINGIN AND VARIOUS ISSUES

INTRODUCTION – GENEAL DIS CUS S ION “ NAXALIS M ”

Naxalism has emerged as the most potent threat to internal security in India. The aim of
naxals to from a Compact Revolutionary Zone and a Red Corridor from Pashupati in Nepal to
Triupati in Andhra Pradesh is a serious challenge before our internal security. With its
growing spatial spread and consolidation, it has acquired gigantic proportions. 1 A look at this
means reveals that Naxal violence has claimed the lives of over 10,000 civilian and security
personnel in the last five years, with a significant rise in the number of killings in left-wing
extremism-hit states. Out of a total of 10,268 casualties between 2005 and May 2010, 2,372
deaths have been reported in 2009 as against 1,769 in 2008 and 1,737 in 2007.2

1
The Indian Police Journal Vol. LVI-No. 4, October- December, 2009
2
http://infochangeindia.org/201006268363/Human-Rights/News/Naxal-violence-Over-10000-people-killed-in-
past-five-years.html
A total of 83 districts in nine states --- Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand,
Madhya Pradesh, Maharashtra, Orissa, Uttar Pradesh and West Bengal -- have been identified
as Naxal-hit 3

Scale of violence as seen in Jehanabad Jail attack, where in up to 600 naxalites took part,
repeated attack on police stations and public functions reveals a threat, which can subsume all
earlier threats to internal security taken together. Thus, we can see that it has lost its regional
connotations and has acquired national proportions. It has become a great threat to Indian
democracy or Constitutional Governance.

The Naxalism, to some extent, can be attributed to the making the most of dissatisfaction and
feeling of perceived neglect and injustice among under- privileged segment owing to functional
inadequacy of field level governance.

The attempt to government through joint anti-naxal operation, announcing dialogs process
and involving Salwa Judum have been inconsistent in the past and leave much scope for
improvement.

CURRENT SITUTION4

As many as 455 people (255 civilians and 200 security personnel) have been killed in Naxal
violence in 2009 (till June-end, and the killings continue), reveal figures released by the
Home Ministry. The Naxal-infested States of Chhattisgarh and Jharkhand accounted for 60
per cent of the total deaths in the country in this period. The figures also reveal that
Chhattisgarh is the State worst-hit by Naxal violence. In the last three years, the State had
topped the list. In 2008, 242 of the total 721 Naxal-related deaths in the country were
reported from the State. In 2007, 369 out of 1,565 Naxal-related deaths in the country were
reported from Chhattisgarh, and in 2006, 388 out of 678 deaths.

The Naxals, in January-June 2009 period, attacked 56 economic targets. The increasing
frequency, with which the Naxals have been hitting economic targets, is alarming. The
corresponding figures for the years 2006, 2007, and 2008 were 71, 80, and 109, respectively.

3
Id
4
http://www.governindia.org/wiki/Naxalite_Movement
The brazenness with which the Naxals carried out one of their biggest attacks killing at least
36 policemen, including a Superintendent of Police, in Chhattisgarh in second week of July
2009, has left the security establishment shaken. Prime Minister Manmohan Singh has
described the Naxalite problem as ‗the single largest threat to India‘. 5

The CPI (Maoist) swells the list of indigenous terror groups operating in India to 27, making
India home to the largest number of domestic terrorist organisations in the world. In June
2009, the Ministry of Home Affairs (MHA) named the CPI (Maoist) as 34th terrorist
organisation under the Unlawful Activities (Prevention) Act; seven of these are transnational
terror groups.

CPI (Maoist) join ranks with ULFA and SIMI, and lesser known entities such as
Hynniewtrep National Liberation Council of Meghalaya, Kanglei Yaol Kanba Lup of
Manipur and Akhil Bharat Nepali Ekta Samaj, which though virtually unheard of are
considered deadly enough by the government to be designated as terrorist organisations.

Of the seven transnational terror groups, only two—al-Qaida and LTTE—are truly global
names. The other five are: Lashkar-e-Taiba (LeT), Harkatul Mujahideen, Al Badr, Jamat-ul-
Mujahid and Hizbul Mujahideen (HM), which are all Pakistan based terror outfits fighting
Indian security forces in Kashmir.

Amongst developed countries, only UK has a significant number of terror groups breeding
close to home in form of nine Irish militias such as the Ulster Freedom Fighters and the Irish
Republican Army.

The ‗Red terror‘ spots have begun to pop up in India‘s capital and northern States‘ forest and
hilly areas too. It seems that the Maoists are interested in enlarging their area of influence
outside the jungles of the ‗Red Corridor‘ that runs from the Nepal border down to Andhra
Pradesh. Lately, they have begun targeting India‘s seat of power—New Delhi—and many
other cities by setting up urban bases with the aim to penetrate and influence policy makers,
judiciary, media, civil liberty, human rights, cultural, Dalit, women and youth organisations.
So far, the urban units are not indulging in violence. But who knows when they may start
firing guns.

5
http://inpad.org/res104.html- Naxalism: National Security Implications By Lt.Gen Eric A.Vas [Retd]
Seized documents of the CPI (Maoist) Politburo and Central Committee talk about the need
to run a secret service and unleash psychological wars through effective networking of
various friendly groups in the urban areas.

According to a confidential report of the military intelligence, India‘s 231 districts in 13

States, including three in the NCR, are now being targeted by the Maoists to achieve their
ultimate aim—seize power in Delhi by 2050.6

So far, it is believed that about 170 districts falling under the dreaded ‗Red Corridor‘, also
known as the Dandekaran Belt, are reeling under the Maoist terror. In Chhattisgarh, Bastar‘s
dense jungles are considered to be the Maoists‘ centre of gravity. In southern Bastar, the
Maoists have declared the Chintainer area as their Dandekaran State‘s capital.

The ‗Red Corridor‘ runs through the dense forest and tribal belt, from Nepal through Bihar,
Jharkhand, Orissa, Chhattisgarh, Madhya Pradesh and all the way to Andhra Pradesh and to
the upper reaches of Maharashtra, and some parts of Karnataka. Inside their corridor, the
Naxalites run a parallel government and vow to continue their fight against the state—a full-
fledged war they call ‗people‘s struggle‘.

All the Left-wing militant organisations, including the Maoist Communist Centre (MCC) and
the People‘s War Group (PWG), after their merger are now operating under the flagship rebel
party—CPI (Maoist).

The Central intelligence reports have also issued a warning that the Maoists are now in the
process of identifying ‗new operational areas‘ across the country. They are keenly looking at
industrial belts, where big corporate houses are planning to set up the Special Economic
Zones (SEZs), an easy target to launch violent agitation.

The Central Committee of the CPI (Maoist) has published a secret red book ‗Strategy and
Tactics of the Indian Revolution‘, which is said to be the Naxals‘ Bible. The book says: ―The
central task of the revolution is seizure of political power through protracted People‘s war.‖
Talking about supporting sub-national movements in India, the book says: ―Lakhs of enemy‘s
armed troops have been deployed since long in J&K and the north-eastern States. More and
more nationalities may come into armed confrontation with the reactionary Indian State, so it
6
http://infochangeindia.org/201006268363/Human-Rights/News/Naxal-violence-Over-10000-people-killed-in-
past-five-years.html
will be difficult for the Indian ruling classes to mobilise all their armed forces against our
revolutionary war.‖ It further says the urban areas are one of the main sources which provide
cadre and leadership having various types of capabilities essential for People‘s war.

ORIGIN AND DEVELOPMENT OF NAXALISM IN INDIA 7

The first recorded incident of left wing insurrection in free India was in Telengana.[1946-
1951]. The movement was launched by peasants in their struggle on economic issues against
forced labor, illegal exaction and unauthorised evictions. The movement was directed by the
Communists and soon developed into an uprising against the feudal rule of the Nizam. More
than 4000 lives were lost before the communists finally withdrew the struggle.

1967-NAXALBARI

A revolt took place in three police stations in the Naxalbari area in 1967. About 65 per cent
of the population of those areas are Scheduled Castes and tribals. When the land reform act
was passed in 1955, jotedars started malafide transfer of land. Tribals armed with bows and
arrows forcibly occupied the land, lifted stocks of hoarded rice and killed an inspector of police.
Thereafter there were a number of similar incidents. The leadership of the movement
was by communist cadres The CPI[M] government of West Bengal ordered a major
deployment of police forces and after several operations the movement was squashed.
This culminated in the formation of the Communist Party of India, Marxist- Leninist
[CPI-ML]. About 30 people were killed in this uprising. But the term Naxalite came to
stay. Naxallites are followers of Che Guevara. They believe that once the masses are
convinced that the social wrongs cannot be rectified by pacific action, it is possible to ignite
the spark of revolution. Their aim it to create condition where the authorities are forced
to break the peace. The resultant violence then gathers its own momentum. Naxalism had a far
reaching impact on the entire agrarian scene in India.
Tribals of the Srikakulam district of the eastern ghats are mainly involved in
the organistion and collection of minor forest products. The British had decreed that no land
could be transferred from the tribal to a plainsman without a permit of the district
collector. After independence, traders took full advantage of advantage of inexperienced

7
http://inpad.org/res104.html- Naxalism: National Security Implications By Lt.Gen Eric A.Vas [Retd]
 Indian administrators and the poverty of the tribals. They gave them their daily requirements
of tobacco, kerosene, salt and cloth on credit and also lent money for the purchase of
seeds. Ignoring the British decrees, they forced those who owed them money to part with
their land which was then sold to plainsmen who squeezed the tribals, paid them low wages
and made them give up two-thirds of the produce.
In 1967 a clash occurred between a group of tribals going to a meeting of the Marxist Party
and a group of landlords armed with guns. Two tribals were killed. The movement became
violent. There were a series of raids on houses of landlords and moneylenders, cash was looted
and houses burnt down. Charu Mazumdar, the CPI-ML leader who had inspired the Naxalbari
operations, visited the area and gave a fillip to the movement. From December
1968 to January 1969, 29 policemen were killed in action. During 1969 the Naxalities
committed 23 murders and 40 dacoities before the situation was brought under control.
The West Bengal districts of Midnapur and Birbhum bordering Bihar and Orissa have a
sizeable tribal population. The majority are landless labourers. A few are cultivators. From
1967 to 1971 the area saw well planned and organised Naxalite movements fostered by CPI-
LM workers and a host of students from Calcutta University who identified themselves
wholeheartedly with the tribals. Groups armed with spears, bows and arrows attacked houses
of landlords, killed some of them, looted cash and burnt all land deeds. The Government
deployed CRPF and state police and brought the area under control. Almost 150 CPI-LM
supporters were arrested and the movement died down.
From 1968 to 1970 tribal violence erupted in Muzaffarpur district of Bihar. This followed the
usual pattern of blatant oppression of landlords and peasant reactions. These uprisings caused
ripples and spread to other districts of Bihar and into Uttar Pradesh [UP]. These movements
were coordinated by CPI-ML leaders who believed that there would be a mass uprising and
that they could build a Peoples Liberation Army from peasants who had revolted against the
atrocities of landlords and moneylenders.
A British girl, Mary Tyler, who was living in an adivisasi village, was rounded up during a
police search operation. She later wrote about her experience. "The Naxalite crime was the
crime of all those who cannot remain unmoved and inactive in an India where a child crawls
in the dust with a begging bowl, where a poor girl can be sold as a rich man's plaything,
where an old woman must half starve herself in order to buy social acceptance from the
powers that be in her village; where countless people die of sheer neglect, where many are
hungry while food is hoarded for profit, where usurers and tricksters extort the fruits of
labour from those who do the work, where the honest suffer, while the villainous prosper,
where justice is the exception and injustice the rule and where the total physical and mental
energy of millions of people is spent on the struggle for mere survival." It is no wonder that
the movement attracted idealistic students from major universities across India. They left
their studies and went to live in forest villages and share the tribulations of the tribals.
However the movement fizzled out when the Central Reserve Police Force [CRPF] and state
police carried out well-planned raids and search operations.

PEOPLES WAR GROUP8

In the 80s, the CPI-ML formed the Peoples War Group [PWG], which over the years grew
into the most formidable Naxalite formation in the country. The first actions undertaken by
the PWG was in Telenga, Andhra Pradesh [AP], where long suffering tribals were still being
economically and socially exploited by landlords, traders, money lenders and indifferent
government bureaucrats. The crux of the unrest was that in AP, as in many other states, the
land ceiling act was not being imposed. The PWG took the law into their hands and
redistributed nearly half a million acres across AP. In the process, the PWG fought a running
battle with the Telugu Desam government. When the Congress Party came into power in
1989, the government took a soft line with the Naxalites and released a number who were in
detention. The government however did nothing to control the exploitation of tribes. The
PWG began running peoples' courts and giving the general impression of a parallel
government. The Government was forced to adopt a hard line. However, by now the PWG
had acquired AK 47 rifles and began stepping up their violence. They began attacking
railway and electrical installations, police patrols and police stations. Their influence spread
to adjoining tribal areas in Maharashtra, Madhya Pradesh [MP], Bihar, Orissa, Tamil Nadu
[TN] and Karnataka.
In 1992, the PWG was banned and central para-military forces and state police undertook
coordinated operations against it. The results were good. About 3500 Naxalities were
arrested and 8500 surrendered. The PWG lay low but in 1993 commenced operating
in tribal districts of MP and Maharashtra. By now the Group had attained expertise in the
making and detonation of improvised explosive devices [IED]. In 2001 the PWG announced
that it would give sophisticated arms to its guerrillas and extend the war to as many other
states as possible.

8
Id
It is evident that the Naxalites operate in the tribal belt and are welcomed by tribals because of
the administration's indifference to the persistent criminal activities of landlords, money
lenders, forest officials and traders. There has been a response to this simple analysis in
two states. The CPI[M] in West Bengal carried out Operation Barga under which share
croppers were registered and given permanent and inheritable rights on cultivation of their
plots covering a total area of 11 lakhs acres. Besides this, 1.37 lakh acres of ceiling surplus and
benami lands were acquired by the state government and distributed among 25 lakh landless
and marginal cultivators. This saw the emergence of a new class loosely termed rural rich,
which weakened the social and political power enjoyed by landlords in the countryside,
and resulted in the disappearance of moneylenders and Naxalites. In Kerala the upper
classes were generally landlords. They had tenant farmers on their land who deposited half
the crop to their landlords. The landlords and their progeny were educated and took up white
collar jobs in the cities. When the CPI[M] government was elected in the late 50s, it legislated
land tenancy laws that transferred ownership of tenant holdings to those having a tenancy for
12 years. At one stroke hundreds of landlords lost their holdings and tenant farmers got
ownership rights of land they had tilled for long years. This is one of the reasons why the
Naxalite movement did not grow roots in Kerala. It had no cause.

When the Chief Ministers of Chhattisgarh, Maharashtra, AP, Orissa and Bihar
ask how the Naxalite problem could be solved, they have to be told to impose the land
ceiling. Many would admit in private that this is impossible as the upper caste landlords
would never allow the land ceiling act to be enforced. Here then is the crux of the problem

SOCIAL, ECONOMICAL AND POLITICAL ISSUE AND NAXALISM

The Naxalite movement is almost four decades old now. Beginning in a single State (West
Bengal), it has now spread over a wide area, affecting and influencing the lives of lakhs of
people. The Government of India has estimated that the movement is now active in about 125
districts spread over 12 states. There were many reports and committee who submitted their
view about the social, economical and political condition of the community belongs to naxal
affected area. The Naxalite movements are part of an overall scenario of poverty, deprivation,
oppression, and neglect in large parts of the country. 9

The Condition of Dalits, Adivasis and Women

The main support for the Naxalite movement comes from dalits and adivasis. It is thus useful
to begin this chapter with a brief look at the condition of these social categories. Dalits and
adivasis comprise about one fourth of India‘s population: Dalits constitute 16 per cent and
Adivasis 8 per cent. Most of them (80 percent of Dalits and 92 percent of Adivasis) live in
rural areas. High levels of rural poverty therefore, are likely to indicate high distress among
SCs and STs. Bihar, Orissa, Madhya Pradesh, Uttar Pradesh and West Bengal are the States
with highest rural poverty, and they also account for a high proportion of SC and ST poor.
Seventy percent of the SC poor are in these five States, whereas only 55.8% of the SC
population of the country is in these five States. And 63% of the ST poor are in these five
States whereas the proportion of the country‘s ST population in these States is only 49%.In
addition; they suffer from multi faceted oppression and denial of justice, social legal and
political rights.
Dalits are mainly in the northern states as well as in pockets of Tamil Nadu, Andhra Pradesh
and Karnataka. While there is no simple correspondence between the areas under Naxalite
influence and the proportion of Dalits and Adivasis in the population, it is the case that these
areas generally have relatively high Dalit or Adivasi concentration. However, there are many
districts with high proportions of Adivasis or Dalits but little Naxalite activity, such as in
Punjab, Haryana, Gujarat, Rajasthan and Madhya Pradesh. Poverty does create deprivation
but other factors like denial of justice, human dignity, cause alienation resulting in the
conviction that relief can be had outside the system by breaking the current order asunder.
Other factors are also likely to be involved. For example in large areas, inhabited by bhils and
some other tribals where the situation is seemingly peaceful may face this problem with the
spread of awareness and consciousness.

DALITS 10

Dalits continue to face wide-ranging economic, social disadvantages, and day to day
humiliation and degradation, denial of justice and violent atrocities in India. By and large the

9
Development Challenges in Extremist Affected Areas — Report of an Expert Group 2009
10
http://lawcommissionofindia.nic.in/old_reports/Report%20No.%20157.pdf
Dalit condition is marked by high incidence of poverty, low education, limited employment
opportunities and marginalization in all spheres of public life.

High poverty: In 2004/05, the proportion of SCs below the poverty line was as high as 36.8
per cent in rural and 40% in urban areas. This was much higher than the corresponding poverty
ratio for the population as a whole – 28% in rural and 25.7% in urban areas. Similarly,
the proportion of STs below the poverty line was 47.3% in rural and 33.3% in urban areas,
which was again much higher than the poverty ratio for the population.
Low education: Dalits had been excluded from the education system for centuries. In the
post-independence period educational opportunities have slowly opened up for them, but
education levels continue to be very low among Dalits and the gap between Dalits and non-
Dalits remains very wide
Limited employment opportunities: As mentioned earlier most Dalits live in rural areas.
The incidence of landlessness is higher among the SCs than among the others. Ten per cent
of SC households are landless and another 77 per cent are near-landless, whereas the
corresponding percentages are 4.8 and 63 for the non-SC/STs. Nearly half (45.6 per cent) of
SCs are agricultural labourers. The level of urbanization and diversification of work in favour
of non-farm activities is lower among SCs than non-SC/STs. These facts indicate that the
persistently high poverty of SC households is closely associated with low levels of ownership
of capital assets like land, low levels of education and considerably lower diversification of
avenues of employment.
Political marginalization: The right to vote is an important political right which has added to
the empowerment of the dalits as well as added to their status. However, dalits have often had
to struggle in order to assert this right and struggle again to demand accountability from the
elected representatives. The reins of power have remained with the dominant sections of
society, whether it be the upper castes or in recent years the middle castes.
Social discrimination: Dalits continue to face many kinds of social discrimination, related
for instance to residence, food, clothing, marriage and employment. Even untouchability, the
most blatant form of social discrimination against Dalits, persists in many forms. A recent
study of untouchability in 565 villages in 11 states identified no less than 63 types of
untouchability practiced in many villages of the country.
Human rights violations: Large-scale human rights violations, crimes and atrocities have been
perpetuated against the SCs in the rural areas. These pertain to civil rights (right to vote,
right of access to public places, etc.), social rights (freedom of movement, access to
VIVEK PYASI

education, etc.), economic rights (ownership of property, change in employment, operating

businesses, joining labour unions, etc.) and political rights (participation in democratic
governance).
The genesis of discontent among Dalits lies in the age-old caste-based social order, which
condemns them to a life of deprivation, servility, and indignity. The Constitution of India and
various legislative and policy measures have created entitlements to undo this structure of
oppression. But the traditionally privileged classes have had an undue influence on the
process of implementation of these measures.
In the famous report of the commissioner of SC/ST in 1988(28th report) the commissioner
attributed the violence related to both Dalits and STs to three causative factors. One, unresolved
land disputes related to allotment of government lands or distribution of ceiling surplus lands
to SC/ST persons.
Two, tension and bitterness on account of non-payment or underpayment of prescribed
minimum wages.
Three, resentment of upper castes over the manifestation of awareness among the SCs and
STs about their rights and privileges as enshrined in the Constitution and various other laws
relating to their welfare.
The National Commission11 on SCs and STs in its report in 2004 analyzes violence against
SCs and STs between 1997 and 2001, as published by the National Crime Record Bureau under
the Ministry of Home Affairs. It shows that between 1997 and 2001, 127933 atrocities against
SCs were committed which gives an average figure of 25587 per year. The figure relating to
STs was considerably lower. The total number of atrocities against STs for the same period
was 21426 cases with an annual average of 4285 cases. The newly set up National
Commission for STs indicates that figures of atrocities against the tribal communities in
the central tribal belt of Madhya Pradesh and Chattisgarh have shown a significant increase
between 2001 and 2004 – from 2021 in 2001 to 3012 in 2002 and 2553 in
2003, reaching 2343 in 2004. This is the belt which is most affected by Naxalite violence as
reported in the annual report of Union Home Ministry for 2006. Figures clearly show that there
has not been any let up in the incidence of atrocities/violence against this marginalized group
till very recently.

ADIVASI S

11
National Commission report 2004
There are 84.3 million tribal people (also known as Scheduled Tribes) in India according to
the census of 2001. They are present in all the States except Punjab, Haryana, Delhi and the
Union Territories of Pondicherry and Chandigarh, and are located mostly in hilly and forest
areas. The architects of the Constitution, being conscious of the distinct identity of the tribal
communities and their habitat, provided certain articles exclusively devoted to the cause of
the tribal people, including Articles 244,12 244A, 275(1),13 342, 338(A) and 339. Following
these provisions in the Constitution aimed at ensuring social, economic and political
equity, several specific legislations have been enacted by the Central and State
Governments for the welfare and protection of tribal people and their tribal domain.
In the seventies, a serious attempt to focus on the tribal population in the planning process
was made in the form of a Tribal Sub Plan strategy. The process of bringing all tribal
majority areas under the Fifth Schedule of the Constitution was also taken up. The 73rd14
and the 74th amendments to the Constitution of India, followed by the Provisions of
Panchayats (Extension to Scheduled Areas) Act 1996 (popularly known as PESA), brought
in a new model for self government in the Fifth Schedule areas of the country. Despite
the plethora of development plans, programmes and activities initiated in the tribal
areas, the majority of Scheduled tribes still live in conditions of serious deprivation and
poverty. The tribal people have remained backward in all aspects of human development
including education, health, nutrition, etc. Apart from socio-economic deprivation, there has
been a steady erosion of traditional tribal rights and their command over resources.
Unrest and discontent are not new to tribal areas, nor is it just a post-independence
phenomenon. The earliest uprisings against the British, in the closing decades of the 18 th
century, were triggered by colonial expansion into the forests. The uprisings were generally
suppressed by force. Over the last century, all the tribal communities have had their political,
social and economic life changed under the impact of the colonial administrative system. The
most significant of these changes has been the loss of command over their resources.
In general, the contradiction between the tribal community and the State itself has become
sharper, translating itself into open conflict in many areas. Almost all over the tribal areas

12
(1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and
Scheduled Tribes in any State specified in Part A or Part B of the First Schedule other than the State of Assam.(2) The
provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the State of Assam.
13
(1) Such sums as Parliament may by law provide shall be charged on the Consolidated Fund of India in each year as
grants-in-aid of the revenues of such States as Parliament may determine to be in need of assistance, and different sums may
be fixed for different States
14
THE CONSTITUTION (SEVENTY-FOURTH AMENDMENT) ACT, 1992
including Nagaland, Manipur, Tripura, Assam, Jharkhand, Orissa, Chhattisgarh, Maharashtra,
Andhra Pradesh and Kerala, tribal people seem to feel a deep sense of exclusion and alienation,
which has been manifesting itself in different forms. The Report of the Expert Group on
Prevention of Alienation of Tribal Land and its Restoration (October 2004) pointed out that
the socio-economic infrastructure among the tribal people is inadequate, thereby
contributing to their disempowerment and deprivation. 15

Apart from poverty and deprivation in general, the causes of the tribal movements are many:
the most important among them are absence of self governance, forest policy, excise policy,
land related issues, multifaceted forms of exploitation, cultural humiliation and political
marginalization. Land alienation, forced evictions from land, and displacement also added to
unrest. Failure to implement protective regulations in Scheduled Areas, absence of credit
mechanism leading to dependence on money lenders and consequent loss of land and often
even violence by the State functionaries added to the problem. In physical terms, much of the
Adivasi condition derives from the fact that they predominantly inhabit forest areas.
According to the Forest Survey of India Report 2003, about 60% of the forest cover of the
country
and 63% of the dense forests lie in 187 tribal districts, i.e. districts covered by the Fifth and
Sixth Schedules to the Constitution. This has many consequences which impinge on the
condition of adivasis. The commercial and industrial over exploitation of forest produce
including timber and minerals create hazards for ecological balance. Adivasis are
traditionally aware of the ecological interest of preserving forest cover, and the protection of
biodiversity including wildlife conservation for their community life.

WOMEN16
The subjugation of women is another important aspect of the deeper maladies that afflict rural
India and contribute to popular unrest. In spite of formal equality with men under the law,
Indian women continue to face wide-ranging disadvantages, whether it is in terms of property
rights, workforce participation, educational opportunities, and access to health care or
political representation. India has some of the worst indicators of gender inequality in the
world, including a very low female-male ratio, a major gender bias in literacy rates, and a low
15
Government of India (2004), Report of the Expert Group on Prevention of Alienation of Tribal Land and its
Restoration (New Delhi: Ministry of Rural Development).
16
REPORT OF AN EXPERT GROUP TO PLANNING COMMISSION GOVERNMENT OF INDIA NEW DELHI
APRIL,2008
share of women in the labour force. Gender related development indicators such as maternal
mortality rates and sex-selective abortion also shed a sobering light on the predicament of
Indian women. Even simple demographic indicators bring out the exceptionally low status of
women in Indian society. For instance, the female-male ratio in the population (0.93 at the
time of the 2001 Census) is among the lowest in the world. This reflects persistent
discrimination against girls starting from early childhood, even in matters of basic nutrition and
health care. For instance, they have lower rates of economic participation, lower literacy rates,
low shares of earned income and abysmally low share in positions of power and influence
in public life. In matters of basic education, health and nutrition, Indian girls and women fare
very poorly again.
Government initiatives to address these wide-ranging disadvantages women face have not gone
very far. Even the National Rural Employment Guarantee Act (NREGA), which is a potential
source of empowerment for women (in so far as it gives them independent income earning
opportunities and equal entitlements visa-vis men), is yet to overcome traditional patterns of
gender inequality and female subordination. The economic and social disadvantages of women
in Indian society reflect a whole gamut of patriarchal norms and practices such as patrilineal
inheritance, patrilocal residence, the gender division of labour, the gender segregation of
public spaces, and the discouragement of widow remarriage. There is a common perception
that the position of women in India has improved significantly in last few years due to
affirmative action taken on behalf of the state. However, 136 countries for
which data exist, India‘s Gender Development Index rank is 96. 17

ACCESS TO BASIC RESOURCES

Much of the unrest in society, especially that which has given rise to militant movements
such as the Naxalite movement, is linked to lack of access to basic resources to sustain
livelihood.

FORESTS
The conflict pertaining to forest dwellers‘ rights to land and forest produce is a major source
of unrest in large parts of the country. The very notion of a symbiotic relation should have
implied that no inherent conflict could be seen between such communities and their habitat,

17
UNDP Human Development Report 2006
but no such understanding informs the law concerning forest conservation. Thus, large areas
that were traditionally the habitat of forest dwelling communities, which means principally
adivasis, were declared reserve forests without any recognition, let alone accommodation of
the rights of those communities. The Forest Conservation Act, 1980 made this position
irreversible by declaring that no forest land shall be diverted to non-forest use without the
permission of the Union government. The punitive provisions of the Act meant that eviction
of adivasi occupants of forest land took place on a regular basis, resulting in considerable
deprivation and suffering.
Forest conservation has found a strange companion in industrial forestry. While the rightsof the
forest-dwellers are severely restricted in the name of forest conservation, the forests are
increasingly shaped to suit the needs of industry. This has resulted in the forest dwellers
simultaneously losing access to land and to a variety of forest produce of day to day use and
value. Joint Forest Management (JFM), which was envisaged as a remedy for this has in
many cases merely institutionalized this state of affairs. It is expected that the new act, viz.
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act
2006, which has come into force from 1st January 2008, will make a difference if
implemented faithfully.

LAND18
Even those who know very little about the Naxalite movement know that its central slogan
has been ‗land to the tiller‘ and that attempts to put the poor in possession of land have
defined much of their activity. The importance of land as a livelihood resource cannot be
overstated. While only 18% of the GDP comes from agriculture today, the proportion of the
workforce that is engaged in agriculture is 58%. And it is 64% in the case of the Scheduled
castes. Forty per cent of rural households have no land or less than half an acre of land. The
estimated number of landless rural families in the country is 1.30 to 1.80 crores. The number
of small and marginal operational holdings has been increasing steadily over the years. While
the economy is at present growing at a rate of about 8% to 9%, agriculture which provides
employment to 58% of the country‘s workforce is growing at less than 3%. This is rightly
seen as signifying rising economic disparities between the agricultural and non-agricultural
sectors of the economy, but it also signifies continued immiseration of the lower strata in the
rural community in an absolute sense. Since insecurity and exploitation of tenants is a

18
Id 16
widespread phenomenon, tenancy reforms of various kinds have been attempted right from
the time of independence. While some States have banned tenancy altogether, some have
provided statutory security against eviction, including preferential right of the tenant to
purchase the land if the landlord wants to sell it. But instead of improving the lot of tenants,
these reforms have only driven tenancy underground. Waste or barren land that belongs to the
Government is increasingly intended for industries and Special Economic Zones, and the
landless poor are fast losing the ‗right‘ they had, namely to hope that the land would be
distributed to them. The situation in the Scheduled areas is on a different footing. What
distinguishes such areas in this context is the protection statutorily\ afforded to the Scheduled
tribes from alienation of their land to non-tribals. Today the States which contain Fifth
Schedule areas have laws preventing such alienation. The laws which prohibit land alienation
also provide for means of restoration of the alienated land to the tribals. However, with
economic reforms there is pressure to dilute the laws prohibiting tribal land alienation and
permit leasing of mineral-bearing land in the Fifth Schedule areas to private companies.

SPECIAL ECONOMIC ZONE 19

Land acquisition for Special Economic Zones (SEZ) has given rise to widespread protest in
various parts of the country. Large tracts of land are being acquired across the country for this
purpose. Already, questions have been raised on two counts. One is the loss of revenue in the
form of taxes and the other is the effect on agricultural production. In both these debates there
is no understanding that land is a livelihood resource. Whether it is multi-cropped or single
cropped, whether it is fertile or infertile, it is the source of livelihood for the farmer and also
for other rural inhabitants whose livelihood depends directly or indirectly on land. The very
notion of a SEZ requires a single huge block of land, and therefore it is impossible to avoid
acquiring productive land if SEZs are to be established at all. Thus, the notion of an SEZ,
irrespective of whether it is established in multi-cropped land or not, is an assault on a major
livelihood resource. The SEZ Act permits the government to exempt the units set up therein
from various laws and there is a promise that such exemption will be given in the matter of
labour laws.

LABOUR, UNEMPLOYMENT, AND WAGES

19
Bid
If landlessness has always been the focus of much social unrest among the rural poor,
unemployment and insecurity of livelihood is a growing source of dissatisfaction and anger
among youth, both in urban and rural areas. While the relatively rapid growth of the Indian
economy in recent years has been a cause of celebration, the employment scene gives little to
cheer about. The overall shape of the economy has been characterized by three related facts:
the share of agriculture and allied activities, mining and quarrying in the GDP has dropped
steadily over the years, from 59% in 1950-51 to 28% in 1999-2000 and about 18% now. The
share of manufacturing grew from 13% in 1950-51 to 24% in 1990-1991, but has remained
stagnant thereafter, the difference being filled by the steadily expanding tertiary sector.
However the share of agriculture in the workforce has declined only from 72% in 1970 to
62% in 1999-2000 and about 58% now. This disparity between the rapidly falling share of
agriculture in the GDP and the much slower decline of its share in employment means that a
progressively greater share of workers are concentrated in a segment that produces
progressively less and
less of the society‘s income. But distress in the agricultural sector is not merely relative, it is
absolute. Minimum wages for agricultural work are not implemented except where the labour
market is itself favorable to the workers, such as in double or triple cropped areas. Moreover,
among workers in the rural sector the majorities are self-employed (including small farmers)
and not wage workers. For the self-employed the Minimum Wages Act has no application
and their standard of living is determined by the slow growth of productivity in the rural sector.

DISPLACEMENT AND REHABILITATION

Displacement, which is, in fact, enforced eviction of people from their lands and natural
habitats, has for long been a serious problem. Displacement takes place on account of
development projects such as large irrigation projects, industrial and mining projects, power
plants, declaration of sanctuaries and national parks, setting up of field firing and testing
ranges and a myriad other activities of the State itself. Displacement is a multi-dimensional
trauma, with far reaching impacts, which cannot easily be compensated. The displacement
caused by large projects can be physical, occupational and even cultural. Unless the nature
and magnitude of displacement in all its dimensions are fully analysed and appropriate safety
nets put in place, well in advance of the implementation of the project itself, it will lead to
discontent. The track record of the Government in this regard has so far been dismal and
those likely to be displaced are rightly apprehensive about their future. It is important,
therefore, that in the case of all major projects, including SEZs, socioeconomic impact
appraisals are carried out by independent expert institutions so that, before the project is
implemented, effective steps are taken to upgrade the skills of the members of the families
likely to be affected, so as to ensure that they are in a position to take full advantage of the
livelihood opportunities provided by the project. Such a step will minimize the trauma of
displacement.20
As tribal areas are also rich in mineral resources, the mining projects proposed such as in
Orissa, Jharkhand and Chhattisgarh threaten the very existence of tribal people. Protest action
becomes an inevitable consequence of displacement, such as in Kalinganagar and in Kashipur
people‘s movement against Utkal Alumina Rayagada district, Orissa. Apart from the physical
and occupational displacement caused by large projects, in the case of the Fifth Schedule
areas, unless the tribals are resettled in the same scheduled tract, they will face deprivation of
the special rights that have accrued to them by virtue of the schedule. For example, the tribals
in the scheduled areas enjoy presumptive right of ownership of the land and minerals (Refer
SC judgment in CA Nos. 4601-02 of 1997 on SLP Nos. 17080-81 in Samata vs State of
Andhra Pradesh and others)21. Also, the Fifth Schedule requires the Government to review
any law before it can be extended to the notified areas, so as to ensure that such a law is
appropriately adapted to safeguard the interests of the tribals. In view of this, as far as the
notified areas are concerned, projects that cause displacement need to be avoided. Even if the
setting up of a project becomes inevitable strictly on the ground of public interest, as laid
down by the Hon‘ble Supreme Court in the Samata judgment, it should be on the basis of the
prior consent given by the Gram Sabhas and through involvement of the tribals as owners of
the projects. The Government should evolve suitable mechanisms to ensure this.

THE PROCESS OF ADJUDICATION

Of all the things that are known about the Naxalites, their Peoples Courts are perhaps the
most notorious. While the abuses that have been reported about them are not all false, taking
that to be the whole story would not be quite correct. The fact is that such informal, rough
and ready forums of dispute resolution did in a way respond to the felt need. Considerable
frustration gets built up in society when disputes and conflicts are not settled in time and in a
just and fair manner. The judicial system we have is time consuming in nature. It is too

20
W. Fernandes (2008), ―The Human Cost of Development - Induced Displacement‖, in India Social Development Report,
New Delhi : Oxford University Press.
21
1997 8 SCC 191
formal, too remote and too slow. The parties to the dispute lose control over even the terms
and details of the dispute once it goes to Court. Cost and delay in the formal adjudication
tends to legitimize the totally illegal Peoples Courts of the extremists in the minds of the
poor. In recent years a lot of attention has been focused on Alternative Dispute Resolution
systems, called ADR in brief. This alternative starts with the premise that disputes must be
encouraged to be resolved through negotiations between the parties, failing which the matter
can be taken to Mediator, Arbitrator or the Court. Negotiation, Mediation, Arbitration (failing
which the matter can of course go for adjudication) are the three steps it envisages. It is doubtful
that the notion of ADR as thought out till now has much relevance to the kind of issues ordinary
people would want quick resolution of. Moreover, thinking about ADR has not freed
adjudication from formality, for it is premised on the existence of a written contract or terms
of dealing, perhaps statutory rules, and documented evidence of the grievances and the reply.
A way out is to have participatory elected Nyaya Panchayats. In several States Nyaya
Panchayats are functioning very well. Universalisation of the system might reduce the current
problem. A number of disputes concerning rights of the poor in Government land, rights of
tenants, rights in ceiling surplus land, rights in land of erstwhile superior right- holders like
zamindars, and of adivasis in the Scheduled areas are the subject of Special Laws which provide
for adjudication by quasi-judicial tribunals. Even in these fora, matters drag on for years with
the landlord continuing in possession on the basis of stay orders, causing erosion in the
poor persons‘ faith in the establishment.

GOVERNANCE
Articles 14, 15 and 16 of Indian Constitution22 provide the framework for a harmonious
conjuncture of equality as citizens and compensatory discrimination and affirmative action in
favour of SCs/STs and the other backward sections in certain areas. The Directive Principles
cast an obligation on the State to promote the educational and economic interests of these
sections, and social and economic justice and equality. These mandates have been translated
into specific policy instruments for social justice. Reservation provisions in public services
are intended to ensure that the vast gap in educational attainments and economic status does
not stand in the way of occupying decision making positions. This has been done by earmarking
a percentage share in recruitment and promotion to them. Similar provisions for
entry into educational institutions seek to ensure equality of opportunity for acquiring

22 th
CONSTITUTION OF INDIA, V.N,SHUKLA, 11 edition, Eastern Book Company, 2008
eligibility qualifications to compete in the employment market and to take up desired
professional vocations. Political participation is facilitated by a percentage share of seats in
elected democratic bodies at the State, central and PRI levels and representation in the
Central and State cabinets. The dedicated committees of the Parliament and State legislature
advice concerned Government on matters concerning these communities. Constitutional and
statutory bodies [National/State Commissions] have also been created for safeguarding the
interests of these communities and to protect their entitlements against encroachment by non-
eligible persons and neglect by the State. There is, however, a failure of governance, which
has multiple dimensions and is not confined to the inefficiency of the delivery system only. It
is not fortuitous that overwhelmingly large sections of bureaucracy/ technocracy constituting
the delivery system come from landowning dominant castes or well to do middle classes,
with their attachment to ownership of property, cultural superiority, purity pollution governed
behavior and a state of mind which rationalizes and asserts their existing position of
dominance in relation to others. This influences their attitudes, behavior and performance. As
it happens, the politics has also been aligned with this social segment which constitutes the
power structure in rural and urban areas since colonial times. It is this coalition of interests
and social background that deeply affect governance at all levels. The failure of political
leadership is typically reflected in enacting weak laws when it comes to effectuating the
promise to empower the poor and the marginalized or ensure social/ economic justice to
them. This facilitates their subversion in multiple ways. On the other hand,laws which restrict
their rights, such as the forest conservation laws, are given teeth and pursued aggressively at
the behest of vested interests, such as, for instance, the forest bureaucracy and elite
environmentalists. Nevertheless, Government has not been oblivious of the governance
deficit in the implementation of development programmes as a whole. The Tenth Five Year
Plan recognized that better governance holds the key to achieving effective results for the
development programmes initiated by the Government.
PARTII- LEGAL FRAMWORK WITH REFERENCE OF TRIBALS AND DALITS

Pre-independence
Indian Forest Act 1927
The Indian Forest Act of 1927 gives jurisdiction to the state government over forests and
prohibited grazing, cultivation and charcoal burning, stone quarrying in the forest area
without any prior permission. (Ministry of Tribal development, Government of India 1998)
Post-independence
After independence much more attention was paid to the welfare of tribal people. However
there was no national policy about the tribal people to translate the constitutional provisions
into action. In 1952 tribal development Guidelines agreed upon the indicators of tribal
development should be the quality of their life and not the money spent. After this policy not
much done on ground level towards the tribal rights and it was the time when Naxalites entered
into the tribal belts in the eastern states of India. In 1988 new forest policy introduced with
special attention to:
1. Replacement of contractors by tribal cooperatives,
2. Protection, regeneration and optimum collection of Minor forest products ,
3. Development of forest villages on par with revenue villages,
4. Undertaking integrated area development programmes to meet the needs of the tribal
economy. (Ministry of tribal Development, of India 2005)
Latest the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 also tries to address the problem of tribals. National Environment Policy
2004 also recognized that ―forests are the traditional homes of forest dwelling tribes.
Forest Act 2006
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006 is empowers tribals by giving them security of tenure, access to minor forest
produce, and a big stake in the preservation of natural spaces.
Prevention of Atrocities
Prevention of Atrocities Act, 1989 was introduced to prevent the atrocities against the tribes.
To ensure effective participation of the tribals in the process of planning and decision-
making, the 73rd and 74th Amendments of the Constitution are extended to the Scheduled
Areas through the Panchayat (Extension to the Scheduled Areas) Act, 1996. (Planning
Commission Of India,Government Of India 2008)
PESA Act
In 1996 the Panchayat (Extension to Scheduled Areas) Act was introduced and Gram Sabha
got the highest authority to decide over the natural resource which includes Non Timber
Forest Produce (NTFP) and also got the authority to collect, process, transport and market
NTFP freely. (Ministry of tribal Development,Government of india 2005) It clearly supports
the Fifth Scheduled and the rights of the Gram Sabhas in the Scheduled Areas. The Land
Acquisition Act, the Mines and Minerals Development Act, the Forest Management Act, the
Environment Protection Act and others are superseded by the Land Transfer Regulation Act
or the Fifth Schedule.

COMMITTEE REPORTS 23

Bandopadhyay Committee: In May 2006, the Planning Commission appointed an expert

committee headed by D. Bandopadhyay, a retired IAS officer instrumental in dealing with the
Naxalites in West Bengal in the 1970s. The expert committee has underscored the social,
political, economic and cultural discrimination faced by the SCs/STs across the country as a
key factor in drawing large number of discontented people towards the Naxalites. The
committee established the lack of empowerment of local communities as the main reason for
the spread of the Naxal movement. Choosing its words carefully, the report states that "We
have two worlds of education, two worlds of health, two worlds of transport and two worlds
of housing...''

The expert committee delved deep into the new conflict zones of India, i.e. the mines and
mineral rich areas, steel zones, as well as the SEZs. The report holds the faulty system of land
acquisition and a non-existent R&R Policy largely responsible for the support enjoyed by the
Naxalites. On the other hand, the committee makes a forceful plea for a policy and legal
framework to enable small and marginal farmers to lease-in land with secure rights while
landless poor occupying government land should not be treated as encroachers.

For the first time in the history of the Naxal movement, a government appointed committee
has put the blame on the State for the growth of the movement. Providing statistics of 125
districts from the Naxal-affected States, the committee finds out that the state bureaucracy
has pitiably failed in delivering good governance in these areas. The report recommends

23
http://cpim.org/marxist/198501_marxist_naxalism_Prakash.htm
rigorous training for the police force, not only on humane tactics of controlling rural violence
but also on the constitutional obligation of the State for the protection of fundamental rights.

PARTIII- MEASURES TO TACKLE THE NAXAL PROBLEM24

The primary responsibility for tackling the naxalite situation rests with the State
Governments, and they have to take coordinated measures for this purpose. In various
reviews and discussions mentioned earlier, the State Governments have been advised to take
the following measures:-

 Time-bound action for augmenting the police force in the State (with reference to
police-population ratio), and for filling up existing vacancies, particularly in the
Districts and Police Stations in the Districts / areas affected by naxalite violence.

 Develop suitable incentives for persons who are posted in these areas and a rotation
policy for people posted in these areas. Action to ensure that the Police Stations and
Police Outposts in the areas affected by naxalite activities are provided the necessary
infrastructure in terms of secure Police Station buildings (with perimeter security),
barracks, armory, mess arrangements, etc.

 Urgently raise special forces and, in the meanwhile, earmark a reasonable component
of the State Police for being provided with special commando/ jungle warfare related
training, for which establishment of training facilities within the State and, in the
interim, tie ups with the Army, CPFs and other States with such facilities could be
made.

 While the importance of strengthening the capabilities of intelligence gathering in the

State generally is important, a special thrust should be given in terms of strengthening
these arrangements in the naxalite affected areas.

 Adherence to the standard operating procedures for various types of police and
security force operations so as to pre-empt possible ambush/attacks and minimize
casualties.

 Focused measures should be adopted to ensure that the field and intermediate level
functionaries of key departments such as health, education, drinking water, electricity,

24
http://lawcommissionofindia.nic.in/old_reports/Report 2008
 revenue and other development departments could be available and accessible to the
people.

 Identify critical infrastructure and development projects in the affected areas, as also
critical infrastructure gaps, particularly in the sphere of connectivity, and formulate
action plans to ensure the timely implementation of such projects.

 Create mechanisms for public grievance redressal, mass contact and public awareness,
for creating an overall positive environment and confidence among the people in the
local administrative machinery.

 Under a well conceived strategy, a publicity and counter propaganda campaign should
be mounted.

Plan for Naxal-hit States:

The Union Home Ministry has unveiled a new Rs 500-crore fully Centre-sponsored scheme
which will be implemented by State governments—for Naxalism-hit States. Centre will give
Rs 135-crore a year to the States under the scheme.

The scheme has five important objectives: To provide mobility to the police by upgrading
existing roads in inaccessible areas; to build camping grounds and helipads at strategic
locations in remote areas; to strengthen police stations that have been identified as being at
risk; to upgrade and strengthen approach roads to police stations and outposts where there is
risk of IEDs and landmines, and to provide for critical needs, specific to the areas where
holistic anti-naxal measures are being taken in a focused manner.

The States have been asked to prepare integrated action plans in the most affected districts to
achieve the objectives. For this, the ministry has identified 15 action points that include
preparation of a comprehensive connectivity plan for the 33 districts seriously affected by
Left-wing extremism.
SUGGESTIONS AND CONCLUSIONS

Naxalite problem at present is the greatest threat to the internal security of India. The root
cause of Naxalism is the glaring inequality in rural India based on unequal distribution of
land. From the above discussion I can conclude that the main problem with naxal affected
area is poverty and poor administration. The Naxal problem is a pointer to the poor efforts of
the GOI and the State Governments in looking after the needs of the rural peasants and the
adivasis. This situation deserves to be rectified very fast. Thousands of crores of public
money are spent in acquiring battle ships and submarines, rather purposelessly since an all-
out war is a modern impossibility. Most of it could be diverted for the improvement of the
poor. The implementation of Government policies and the proper use of political mechanism
can be use for fight with Naxalism which is a gravest threat for Constitutional Governance
and Indian Democracy.
REFERENCE AND BIBLIOGRAPHY

BOOKS REFERRED

The Naxal challenge: causes, linkages, and policy options - P. V. Ramana, Observer
Research Foundation - 2008

The Indian Police Journal Vol. LVI- No.04, October-December, 2009

Good Governance An Integral Approach, S.L. Goel, Deep and Deep Publication Pvt. Ltd
2007

CONSTITUTION OF INDIA, V.N. SHUKLA, EDITED BY M.P. SINGH,11 TH EDITION ,

EASTERN BOOK COMPANY LUKNOW, 2008

ARTICLE REFERRED

Naxalism: National Security Implications By Lt.Gen Eric A.Vas [Retd]

HT Naxal National Debate::Arundhati Roy and Gladson Dungdung on CNN-IBN Debate on
Naxalism

WEBSITES REFERRED

http://cpim.org/marxist/198501_marxist_naxalism_Prakash.htm

http://infochangeindia.org/201006268363/Human-Rights/News/Naxal-violence-
Over-10000-people-killed-in-past-five-years.html

http://lawcommissionofindia.nic.in

http://www.ccsindia.org/ccsindia/policy/rule/studies/wp0041.pdf