CBI investigating multi-crore fencing scam in Mizoram

The CBI has launched probe into multi crore India-Bangladesh border fencing scam involving several senior Congress leaders in Chakma District Council in Mizoram, writes PARITOSH CHAKMA

  

www.merinews.com, 9 Feb, 2011: http://www.merinews.com/article/cbi-investigating-multi-crore-fencing-scam-in-mizoram/15842527.shtml

AWAY FROM the media glare, the Central Bureau of Investigation (CBI) is quietly investigating alleged fraud in payment of land compensation to those affected by Indo-Bangla border fencing involving more than Rs 5 crore in Chakma Autonomous District Council (CADC) in Lawngtlai district of Mizoram.

The premier investigating agency is investigating the involvement of several senior Congress political leaders and officials of the CADC and the National Projects Construction Corporation Ltd after a complaint was filed by Laxmi Bikash Chakma, President, Bharatiya Janata Party, CADC.

On February 8, 2011, a two-member team of the CBI arrived at Kamala Nagar, headquarters of CADC and started the investigation. So far, the CBI has reportedly questioned the CADC Chief Executive Member, Kali Kumar Tongchangya and Executive Member in-charge of Revenue department,  Buddha Lila Chakma at the CADC rest house at Kamala Nagar.

Earlier, on August 30, 2010, the Governor of Mizoram had provided sanction to the CBI “for registration of a case under section 120B/420/468/471 IPC and Section 13(2) R/w 13(i)(c)& (d) of Prevention of Corruption Act, 1988 and all attempts, conspiracies, abetment relating to the alleged fraud in payment of land compensation to those affected by Indo-Bangla Border Fencing involving more than Rs 503,96,680 by National Projects Construction Corporation Ltd. and Chakma Autonomous District Council, Mizoram, during the year 2008-2009, to carry out investigation of the same and prosecute the offenders for the aforesaid offences or any other offence/offences made out of the same transactions in the court of competent jurisdiction.”

It is worth mentioning that this is the first ever CBI probe in the Chakma Autonomous District Council ever since the Council was created in 1972.

The CBI in this particular case has a wide ranging mandate to probe “all attempts, conspiracies, abetment relating to the alleged fraud” and to “prosecute the offenders”.

Sources informed that the CBI has already found clinching evidence against certain accused. However, it is to be seen whether the CBI will be able to bring the culprits to justice, many of whom are senior political leaders of the ruling Congress party in the Chakma Autonomous District Council.

My RTI Certificate

Mizoram told to act on starvation of Chakma tribals

Merinews, 7 January 2011, http://www.merinews.com/article/mizoram-told-to-act-on-starvation-of-chakma-tribals/15839478.shtml

On January 5, 2011, Supreme Court Commissioners in the right to food case directed the Mizoram government to immediately provide food and nutrition to over 4,000 Chakma tribal villagers who have been starving for weeks in Lawngtlai district.

By – PARITOSH CHAKMA

OVER 4,000 Chakmas including men, women and children have reportedly been starving for several weeks in four villages – Parva I, Parva II, Parva III and Kamtuli under Chakma Autonomous District Council (CADC) in Lawngtlai district of Mizoram. Mizoram Chakma Development Forum (MCDF), an NGO, which moved to the Commissioners of the Supreme Court (in the case: CWP 196/2001, PUCL v. UOI and others) after inaction by the state government of Mizoram, stated that no food grain under the Public Distribution System has been distributed to the poorest of the poor families since October last year. The authorities of CADC and the state government of Mizoram failed to take cognizance of the severe starvation although the matter was brought to their attention, MCDF stated.

Acting on the MCDF’s complaint the Commissioners of the Supreme Court in the right to food case on 5 January 2011 issued direction to Mizoram Chief Secretary,  Vanhela Pachuau to urgently supply food grain to the poor families from backlog of October 2010 and issue ration cards to all who don't have ration cards.

Further, in their order of January 5, 2011, Commissioner of the Supreme Court Dr N. C. Saxena and Special Commissioner Harsh Mander directed the Chief Secretary of Mizoram to “undertake a survey in all these villages and identify the families, who suffer from acute malnutrition, identify starvation & hunger related deaths (if any) and share information on the full coverage of all these residents of all food and livelihood schemes such as ICDS [Integrated Child Development Scheme], MDM [Mid Day Meal scheme], NREGA [National Rural Employment Act] and pensions in the district Lawngtlai. Please also send us a copy of instructions that would be issued in this direction and an action taken report within one month.”

MCDF has hailed this order as historic. “This is a historic order from the Supreme Court Food Commissioners as this goes beyond food security. MCDF is well aware that many Chakma families in Mizoram have been denied welfare schemes including PDS food grain, old age pension, maternity benefit scheme, nutrition etc. MCDF will monitor the implementation of the Supreme Court Commissioners’ order by the Mizoram government very closely.” – stated Mr Hemanta Larma, President of MCDF in a statement released to the media yesterday.

Larma further started that his organization complained to the Supreme Court Commissioners on 28 December 2010 after no action was taken by the Mizoram authorities to prevent possible starvation deaths in the affected villages if the situation deteriorated further.

These affected villages are located in far flung areas near to the Indo-Myanmar border and they do not have access to food grain even in the open market. On December, 23, 2010 MCDF had submitted petitions to the Deputy Commissioner, Lawngtlai district and the Chief Secretary, Mizoram government but the plea fell on deaf ear, the statement added.

Thousands of tribals starving in Mizoram, claims NGO

Deccan Herald, 24 December 2010, http://www.deccanherald.com/content/123140/thousands-tribals-starving-mizoram-claims.html

Aizawl, Dec 23, (IANS) :

Over 4,000 Chakma tribal people in Mizoram have been starving for the past few weeks, a non-governmental organisation said Thursday.

"Over 800 Chakma tribal families comprising over 4,000 men, women and children in four villages in Chakma Autonomous District Council (CADC) areas of southern Mizoram have been starving for several weeks," New Delhi based Mizoram Chakma Development Forum (MCDF) said in a letter to the Mizoram government.

MCDF president Hemanta Larma said: "No food grain under the Public Distribution System (PDS) have been supplied to the AAY (Antyodaya Anna Yojana) and BPL (Below Poverty Line) card holders since October."

"People belonging to APL (Above Poverty Line) have got their quota of rice and other materials till Nov 26, making clear that the richer have been given more importance than the poor and poorest families," the petition said.

It was submitted to Mizoram Chief Secretary Pu Van Hela Pachuau and deputy commissioner of Lawngtlai district.

The letter added that the failure of the state government to ensure food security and non-supply of food grain under PDS were direct violations of the Supreme Court orders on the Right to Food case and Article 21 of the Indian constitution.

Mizoram government officials have also admitted about the severe food crisis in Lawngtlai and other districts.

Mizoram Chief Secretary also held a meeting with Union Cabinet Secretary K.M.  Chandrasekhar earlier this month in New Delhi demanding urgent supply of food grain.

The central government has been supplying food grain, cooking gas, fertilisers and other essentials to northeastern states.

Inadequate railway service to the mountainous region is the main bottleneck in maintaining uninterrupted supply of food grain and other essentials.

A senior Mizoram government official told reporters that six out of the state's eight districts are facing a severe shortage of food grain and other essentials.

"The Mizoram chief secretary, during his meeting with the union cabinet secretary, has suggested six proposals, including building of adequate numbers of godowns, to overcome the recurring problem," he said.

Occasional road blockades by local organisations and disruption of railway services due to heavy rains during monsoon have also contributed to such shortages in Meghalaya, Manipur, Tripura, Mizoram, Nagaland, Arunachal Pradesh and southern and western Assam.

No rehabilitation yet for Mizoram's 35,000 fencing victims

Merinews.com, 28 September 2010, http://www.merinews.com/article/no-rehabilitation-yet-for-mizorams-35000-fencing-victims/15831573.shtml


By Paritosh Chakma

ON SEPTEMBER 27, 2010, Mizoram Home Minister R Lalzirliana informed the State Assembly that over 35,000 people from 45 villages are required to be relocated inside the fence due to the India-Bangladesh border fencing in Mizoram.

He said this while replying to a question from opposition Mara Democratic Front (MDF) MLA, P P Thawlla. Participating in the discussion, Chief Minister Lal Thanhawla said that the state government had approached the Centre many times but each time received the same reply: “We have not done any relocation in other states.”

This is the first time that the issue of rehabilitation for the border fencing victims was discussed in the Mizoram Assembly. There has been a series of protests by the victims over the issues of compensation and rehabilitation but there has been no word from the Centre regarding rehabilitation inside the fence.

Earlier in a RTI reply dated 16th December 2009 the Ministry of Home Affairs (Border Management) has stated that “Neither this Ministry has prepared any plan for rehabilitation nor any proposal has been received in this Ministry from Govt. of Mizoram”.

The move to shift the people came when the Indian government has decided to fence India's 4,095 km border with Bangladesh running through West Bengal, Assam, Meghalaya, Tripura and Mizoram so as to curb infiltration, smuggling, trans-border movement of militants and other anti-national activities.

Mizoram's Dampa tiger reserve to evict 227 tribal families

By Paritosh Chakma

(Merinews, 25th September 2010,
http://www.merinews.com/article/mizorams-dampa-tiger-reserve-to-evict-227-tribal-families/15830777.shtml )

THE EXTENSION of Dampa Tiger Reserve in Mamit district in western belt of Mizoram is going to displace as many as 227 tribal families – all belonging to Chakma community from Andermanik village. All these are poor people without livelihood, except for Jhum cultivation upon which the forest officials have imposed restrictions. For the past one year, there has been no cultivation due to fear of the long hand of the law.


Incidentally, these villagers or their ancestors had been evicted once from the Dampa Tiger Reserve area in 1989 and resettled by the state government outside the DTR area in the present Andermanik village. However, all in the name of tiger protection, the forest department is all set to evict them once again.

As per the “Revised Guidelines for the Ongoing Centrally Sponsored Scheme of Project Tiger” (February 2008) of the Ministry of Environment & Forests, Government of India, the Andermanik villagers have been offered two options: Option I – Take the entire package amount (Rs. 10 lakhs per family) and the Forest Department will not be involved in any rehabilitation / relocation process . Option II – The Forest Department will carry out relocation / rehabilitation of village from the tiger reserve.

The money being offered is lucrative – Rs 10 lakhs per family, that is a total of Rs 22,70,00,000 (Twenty Two Crores Seventy Lakhs) for the entire village. But thanks to the absolute lack of transparency and secretive attitudes of the officials, the villagers have been divided into supporters of Option I and Option II.

If the villagers opt for Option I, they take Rs 10 lakh per family but need to find their own homes – somewhere, somehow (so says the Guideline as per the interpretation of the officials). The officials also interpreted to them that their Village Council would be dissolved (Andermanik is a full-fledged Village Council/Court). The villagers are strongly opposed to the dissolution of their Village Council.

In case of option II, the following package is proposed, at the rate of Rs. 10 lakhs per family: Agriculture land procurement (2 hectare) and development – 35% of the total package; Settlement of rights – 30%, Homestead land and house construction – 20%, Incentive – 5%, and Community facilities – 10% The District Commissioner of Mamit has allegedly told the village leaders in no uncertain terms that each family would be getting not more than Rs 2 lakhs if they opt for Option II. The rest (i.e. Rs 8 lakh from each family) would be used by the state government to provide land title, develop their lands, and create infrastructure in the new village site. The villagers feel they are being cheated.

The villagers have been completely kept in the dark about the land acquisition and relocation/rehabilitation. This displacement process absolutely lacks transparency; so much so that the villagers do not know about the fate of government servants such as teachers! The teachers fear that they may lose their jobs after relocation.

The local MLA and Deputy Speaker, John Rotluangliana has promised the Andermanik villagers a new life in a “model village”. But few are ready to buy his assurance. How can they forget so soon that in 1989 eviction they had received only Rs 5000 or so out of the promised Rs 1 lakh per family? No one knows where the money had gone. The politicians had promised everything. But even today the Andermanik village has no road connectivity and no health care centre. The villagers have to track hostile terrains to have access to PDS food grain or medicine from the nearest shop at Rajiv Nagar which is 18 km away!

(Also read, The Pains of Mizoram's Andermanik villagers" at http://paritosh-chakma.blogspot.com/2010/09/pains-of-mizorams-andermanik-villagers.html  )

The pains of Mizoram’s Andermanik villagers

By Paritosh Chakma

Andermanik is a village inhabited by ethnic Chakma tribals in Mamit district of Mizoram. There are 227 families with population not less than 750. All these are poor people without livelihood, except for Jhum cultivation upon which the forest officials have imposed restrictions. For the past one year, there has been no cultivation due to fear of the long hand of the law.

The Forest Department of Mizoram claims that Andermanik village falls within the Dampa Tiger Reserve area, and hence must leave their homes and hearths. In practical sense, this is a ridiculous claim. This is because these innocent villagers were evicted from the Dampa Tiger Reserve area in 1989 and resettled by the state government outside the DTR area at the present Andermanik village. All in the name of tiger protection! At that time the officials promised them Rs 1 lakh per family but they actually received only a few thousands.

It is said that there are only a little over 1,400 tigers left in this country. And, therefore, their protection is a supreme necessity. Agreed. However, this has provided to Mizoram government another opportunity to displace the minority tribals who are extremely poor and mostly illiterate. The forest officials claim that there could be 5 or 6 tigers in Dampa Tiger Reserve which has an area of 500 sq km. Pench Tiger Reserve in Maharashtra with only 257 sq. km has 14 tigers and Bhadra Tiger Reserve in Karnataka with a total area of 492 sq. km has 35 tigers. So, is it really necessary to increase the area of the Dampa Tiger Reserve at the cost of the tribal villagers? But the Mizoram government is not worried; it is rather happy. By increasing the Dampa Tiger Reserve area it is going to accomplish three motives at one time: evict the minority Chakma villagers, earn good name as protector of tigers/environment and fill its purse with Central funds under Project Tiger Scheme.

As per the “Revised Guidelines for the Ongoing Centrally Sponsored Scheme of Project Tiger” (February 2008) of the Ministry of Environment & Forests, Government of India, the Andermanik villagers have been offered two options:

Option I – Take the entire package amount (Rs. 10 lakhs per family) and the Forest Department will not be involved in any rehabilitation / relocation process

Option II – The Forest Department will carry out relocation / rehabilitation of village from the tiger reserve.

The money being offered is lucrative – Rs 10 lakhs per family, that is a total of Rs 22,70,00,000 ( Twenty Two Crores Seventy Lakhs) for the entire village. Big money. But the major problem lies in the lackluster, secretive attitudes of the officials and politicians who are involved.

From the interaction this writer had with the village leaders, it clearly appears that the officials have adopted a policy of spreading misinformation and keep the entire affair non-transparent for reasons best known to them. And, they have succeeded. Today, the villagers are a divided lot. We have learnt well from the Britishers the policy of “Divide and Rule”.

If the villagers opt for Option I, they take Rs 10 lakh per family but need to find their own homes – somewhere, somehow (so says the Guideline as per the interpretation of the officials). The officials also interpreted to them that their Village Council would be dissolved (Andermanik is a full-fledged Village Council/Court). The villagers are strongly opposed to the dissolution of their Village Council.

Contrary to the opinion of the officials, Section 7.22.4 of the National Rehabilitation and Resettlement Policy, 2007 provides that “While shifting the population of the affected area to the resettlement area, the Administrator for Rehabilitation and Resettlement shall, as far as possible, ensure that: a) In case the entire population of the village or area to be shifted belongs to a particular community, such population or families may, as far as possible, be resettled en masse in a compact area, so that socio-cultural relations and social harmony amongst the shifted families are not disturbed.” Therefore, the question of disintegration of the Village Council of Andermanik does not arise after rehabilitation.

Article 10 of United Nations Declaration on the Rights of Indigenous Peoples provides that “Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.” But the right to “free, prior and informed consent” of the Chakma tribals in this case has been thrown out of the window, as the villagers have been completely kept in the dark about the land acquisition and relocation/rehabilitation. This displacement process absolutely lacks transparency; so much so that the villagers do not know about the fate of government servants such as teachers! The teachers fear that they may lose their jobs after relocation.

In case of option II, the following package is proposed, at the rate of Rs. 10 lakhs per family: Agriculture land procurement (2 hectare) and development – 35% of the total package; Settlement of rights – 30%, Homestead land and house construction – 20%, Incentive – 5%, and Community facilities – 10%

Here too, there is a problem. The District Commissioner of Mamit has allegedly told the representatives of the Andermanik village that each family would get only Rs 2 lakhs (for the purpose of house construction) out of Rs 10 lakhs and the rest (i.e. Rs 8 lakh from each family) would be used by the state government to provide land title, develop their lands, and create infrastructure in the new village site. The villagers feel they are being cheated.

The local MLA and Deputy Speaker, Mr. John Rotluangliana has promised the Andermanik villagers a new life in a “model village”. But few are ready to buy this assurance. How can they forget so soon that in 1989 displacement they received only Rs 5000 out of the promised Rs 1 lakh per family? No one knows where the money had gone. The politicians had promised everything. But even today the Andermanik village has no road connectivity and no health care centre. The villagers have to track hostile terrains to have access to PDS food grain or medicine from the nearest shop at Rajiv Nagar which is 18 km away!

The village leaders told this writer that they won’t settle anything less than Rs 5 lakh per family in cash in addition to land title, livelihood and other basic facilities in their new village which the authorities must undertake with the remaining amount i.e. Rs 11 crore 35 lakh (Rs 500,000 X 227). I absolutely believe the villagers are justified in their demand. There is no doubt that the real answer to this problem lies in the total respect of the “free, prior and informed consent of the indigenous peoples” of Andermanik village by the authorities. That means that the villagers have the right to know what’s happening with them and everything should happen with their free will and prior consent. The poor should get the maximum benefits of land acquisition.

( This article is also available at Mizoram Express, 18 September 2010: http://mizoramexpress.com/index.php/2010/09/the-pains-of-mizorams-andermanik-villagers/ )