India: Condemn The Arrest Of Kartik Naik In Sijimali, Odisha

We publish a statement found in Countercurrents. We have previously reported on this detention, including the protests that the peasants made to free Kartik Naik, where hundreds of peasants burned tires and protested against his arrest.

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 subjail. 

On the same day, over a thousand villagers, from the Sijimali 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 Sijimali. 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 Sijimali, 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 Sijimali 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 Sijimlai 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 19 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 Honorable 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 Sijimali 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 KrushakSabha

45. Swati Azad, Social Activist, Bhubaneswar

46. Tuna Mallick, State Secretary, Adibasi Bharat Mahasabha(ABM)