Assam violence: Citizens demand rehabilitation, justice as per national standards

Sequence of issues in order of priority

Situation analysis

First set of recommendation

References

Relief

Most of the camps are in schools and thereby have the basic infrastructure in place of water supply, power However sanitation facilities are dismal. The non availability of staff was mentioned as one of the contributing factors. Heath posts are already in place in the camps that we visited however health cards of the individuals are not being made and thus the approach is curative rather than monitoring for prevention .There are reports by civil society groups that only basic medicines are available and that ability to deal with illnesses of children and gynac related services are in- adequate. We have conflicting reports of saree and lungi distribution to families but the exact number of such items that have been dispersed are not available. Similarly each inmate of the relief camp is not registered and uniform record maintained and his/her signature obtained on relief dispersed.  The Districts are following Assam relief manual however they are not aware of recent NHRC and Supreme Court guidelines on relief and rehabilitation. The NHRC guidelines are attached. No evidence of facilities of day care or trauma counseling for children and women were seen in the camps we visited.

Immediate issuance of health monitoring cards. Entering and exit registers. Relief entitlements given with signatures and full transparency including placing on website or notice board what has been disbursed till now. 

Supreme Court guidelines on Dantewada case. NHRC guidelines on relief and rehabilitation and Sphere standards.

Law and Order

From Camps of both communities there is constant plea that the reason of fleeing from their villages is inadequate security pickets in spite of repeated requests. Most of the cases the people fled first and their houses were burnt later. In most cases the fleeing pattern was those who fled were in minority settlement amidst the other Community. Many people from camps complained of constantly calling their respective police stations for security cover remained un attended. In short absence of effective policing and patrolling and in efficient response to pleas for help remained the single point for this exodus apart from rumors and threats. Moreover the complaints and FIRs that are lodged seem to be omnibus and are lodged by the police itself. However such omnibus FIRs will become a subsequent hurdle in delivery of justice and also specific entitlements of individuals either to establish ownership or to recover insurance money and or to become specific naming persons who are responsible for such criminal acts. The number of FIRs awfully inadequate in comparison to number of people injured and killed and community violence.

It is recommended that help desks by police be set up for complaints.  Alternatively Assam legal service authority act through an administrative order sets  up a system of registering complaints in the camp sites for every individual /family  who wants to do so, with copies of complaints given to them. These may be treated as zero number FIR s and given to respective police stations from where they belong. Entry exit pickets along with gram, rakshak dal should be immediately provided to IDP’s who wish to return. The chief minister himself has said that pickets are inadequate, extra forces from the centre need to be brought in alacrity. 

Filing of  legal Cases

All major cases of murder and arson and looting must show appropriate arrests with sections which are not bail able after the initial investigation. Since there are allegations of some existing officials being involved a few major incidence should have special investigation team and show speedy results through fast track courts. The erosion of confidence in justice delivery system needs to be countered.

SIT/special prosecutor/Fast track Court-Special investigation team in the initiating the murder and arson should be established with special officers appointed to. The Chief Ministers plea to appoint CBI for some of as the cases for confidence building measure is appreciated.

Compensation and Return

Compensation package declared can be an important instrument in bringing sense of security and contribute to peace building however the fairness of assessment and the speed at which it is done are important components for it to be effective tool. Death and injury compensation should be done within time frame of two months so that those who are afffected are not reduced to destitution and enter a permanent debt cycle. The assessment process itself had to be transparent in a way that it sync with the individual FIR or the complaint registered. The assessment process should be done with the principle of participation those who are affected must be involved along with the community and other stakeholders. List of assessment made and amounts to be paid should be put up on notice boards and objection invited and reassessments done all within the period of three months. Care should be taken that this itself does no become a tool for legitimizing non-residence prior to the incident. The package is a relief package, which only brings the situation to dealing with the loss. However the package is totally silent on rehabilitation of the people, which are being forced in a situation of vulnerability especially due to death of income earner or injury, which take away livelihood. Thus a long-term rehab plan which also weaves in a peace-building plan has to be developed bottom up with the help of civil society.
Specially women , young people and children who have may have intense negative experience of trauma/ sexual abuse need to be given regular counselling. This long term rehabilitation plan within the context of the earlier conflict needs to be engaged with. State and central govt have to provide resources human and financial  for its implementation.

Full fledged rehabilitation policy needs to be developed which has the necessary political will for implementation.