Arbitrary arrest and detention
On March 9, 2021, Hidme Markam, 28, an Adivasi human rights activist, was arrested while at an event marking the International Women’s Day organized by the Jail Bandi Rihai Committee (Committee for Release of Prisoners) and the Chhattisgarh Mahila Adhikar Manch at Sameli village under Aranpur police station in Dantewada district of Chhattisgarh.[i] The event was near the site of a recently installed memorial for wo young Adivasi women who died after allegedly been subjected to sexual violence while in police custody.[ii] Markam’s lawyer, Gayatri Suman, who was present at the Sameli meeting, stated that Markam was taken away without an arrest warrant.[iii]
Markam hails from Burgum village under Aranpur Police Station in conflict-ridden Dantewada district in south Chhattisgarh. She belongs to the Gond tribe.
Tribal rights activist Rinchin, who was also present at the time of Markam’s arrest, knew her and is aware that she is being targeted by the state because of her activism.[iv] Markam has been demanding for the release of tribals illegally arrested and detained in jails. She is the convenor of the Jail Bandi Rihai Committee and a member of the Chhattisgarh Mahila Adhikar Manch. She is well-known for her campaigns against large-scale mining projects in Adivasi land. Rinchin asserted that in many such cases Markam is the crucial “connect” between the victims and the larger human rights movement. “Thus, she was like the real link. So, arresting her was a way to cut off that link,” reasoned Rincin.[v] The Peoples Union for Civil Liberties Chhattisgarh (PUCL Chhattisgarh) in its complaint filed with the National Human Rights Commission (NHRC) also claimed that “her arrest is intended to send a message to all those who dare to speak boldly against state repression.”[vi]
Fabricated charges
Markam was linked to six first information reports (FIR)[1] registered at Aranpur police station under various sections of the Indian Penal Code, including murder, the Arms Act, the Explosives Substances Act, and the Unlawful Activities (Prevention) Act (or, UAPA). She is currently in the Jagdalpur central jail.[2]
Immediately after her arbitrary arrest, Dantewada Police released a “Naxali Crime Profile” and wrongly identified her as Kawasi Hidme. Kawasi Hidme, 26, is listed under four FIRs — two from 2016[vii] and two from 2020[viii]— and carried a bounty of Rs 100,000 (~1,300USD). But Hidme Markam has no connections whatsoever with Kawasi Hidme.[ix]
Furthermore, the Dantewada Police issued another press statement showing a photo of Markam and wrongly claiming that she was the president of Janatana Sarkar (which translates to people’s government, a reference to a parallel state of the Maoists). The Janatana Sarkar’s president is linked to five FIRs registered during 2016 to 2020 and carried a bounty of Rs 1.10 lakh (~1,400USD).[x]
The Chhattisgarh Police also falsely claimed that Hidme Markam had been absconding since 2016 after FIRs were filed against her. But Markam has been publicly active in the defense of human rights in Chhattisgarh state, engaging directly with the state officials and police, including Chief Minister, Governor, District Collector and Police Superintendent of Dantewada, Ministers and Members of Legislative Assembly on numerous occasions and photos and videos of some of these meetings are available in public domain. Everyone also knew where she lives and it is not possible for the police to claim they could not have just given her a visit any time.[xi]
On April 8, 2021, seven UN Special Rapporteur sent a joint communique to the Government of India regarding arrest and detention of Markam. But the government stood by their convictions against her. They stated that Hidme Markam was “president of an outfit called Krantikari Adivasi Mahila Sangathan (KAMS)” and her arrest is linked to four cases—less than two cases from that were forwarded by the Chattisgarh police—registered against her at Police Station Aranpur for “her involvement in kidnapping, murder, membership of a banned organization, etc.”[xii]
NHRC proceedings
The National Human Rights Commission of India (NHRC) is currently hearing the petition filed by the Peoples Union for Civil Liberties Chhattisgarh (PUCL Chhattisgarh) seeking for Markam’s “immediate release and quashing of all false cases against her and investigation into her illegal arrest and strict action against police for her illegal arrest.”[xiii] Similar to the government’s response to the joint communique of UN Special Rapporteurs, the police were resolute on the charges of Markam’s arrest.[3]
On October 21, 2021, the PUCL Chhattisgarh submitted its response rejecting the contentions of the police report and reiterated the allegations of fabricated charges and arbitrary arrest of Hidme Markam. On November 18, 2021, the Commission ordered the Chattisgarh’s Director General of Police to submit report about the current status/final outcome of investigation in pending case No. 17/2019 within four weeks.[xiv]
Markam remains in jail
According to Advocate Kshitij Dubey, one of Markam’s lawyers, there is no jail for women. Hidme Markam is detained in a women’s ward at Jagdalpur central jail, which is about 90 kilometers away from Dantewada.[xv] Her lawyer at the high court, Kishore Narayan, asserted that the police case against her is weak. Narayan noted that her location poses a challenge for keeping a proper and sustained communication with her.[xvi]
Her lawyers confirmed on December 3, 2021, that their application for bail was rejected by the Session Court.[xvii]
-----
[1] First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time. (see: https://www.humanrightsinitiative.org/publications/police/fir.pdf)
[2] These six FIRs are: (1) No. 7/2016: The FIR was registered under Sections 147, 148, 149 and 307 IPC; Sections 25 and 27 of the Arms Act; Sections 4 and 5 of the Explosives Substances Act “in which she was involved in firing at the police party and bomb blast with the intention to kill them;” (2) No. 09/2016: The FIR was registered under Sections 147, 148, 149, 307and 120B IPC; Sections 25 and 27 of the Arms Act; Section 3 of the Explosives Substances Act “in which she was involved in firing at the police party and bomb blast with the intention to kill them;” (3) No. 07/2017: The FIR was registered under Sections 363, 364, 366, 302, 342 IPC “in which she was involved in killing of Harish Podiyami S/o Joga Podiyami aged 25 years, resident of Potali Durwapara under Aranapur police station;” (4) No. 17/2019: The FIR was registered under Sections 147, 148, 149, 307, 120B IPC; Sections 25, 27 of the Arms Act; Sections 4 and 5 of the Explosives Substances Act “in which she was involved in firing at the police party with the intention to kill them;” (5) No. 03/2020: The FIR was registered under Sections 302, 364,147, 149, 294, 323, 506 IPC; Section 25 Arms Act “in which she was involved in killing of Madhvi Bhima and Vetti Bajarang, residents of Dhurwapara Potali under Aranapur police station;” and (6) No. 04/2020: FIR registered under sections 147, 148, 149, 307 IPC; sections 25, 27 Arms Act; and sections 3, 5 Explosive Substances Act.
[3] Responding to the NHRC’s notice, the Deputy Inspector General of Police, Chhattisgarh has filed a report on August 12, 2020 stating that “the police on 09.03.2021 had taken into custody of a woman who was identified as Hidme Markam, the president of the prohibited Maoist organization KAMS in a rally organised for release of jail inmates in Sameli, Dantewada.” The police claimed that she was an accused in four criminal cases registered at PS Aranpur and the Chhattisgarh administration has declared a reward of Rs.10,000/- against her. During investigation interrogation report was prepared based on the statement of independent witnesses and self-surrendered members namely Ramesh Kumar Markam, Deva Mandavi, Ku. Deve Markami who had identified Hidme Markam “as one involved in Naxali organisation to spread Naxal ideology and arranging food for the Naxals who come to the village.” In three of the cases viz. FIR No.7/2016, 9/2016 and 7/2017 after completion of investigation charge sheet was filed in the Court of Judicial Magistrate First Class, Dantewada and in case No. 17/2019 the investigation has been completed and the charge sheet is pending for presenting before the Honorable Court. (Proceedings dated 13 September 2021 in NHRC Case No. 155/33/14/2021)
-----
[i]. Vishnukant Tiwari, “Chhattisgarh: Civil Society Members Demand Release of Tribal Rights Activist Arrested Under ‘Naxal Charges’”, NewsClick, March 10, 2021, https://www.newsclick.in/Chhattisgarh-Civil-Society-Members-Demand-Release-Tribal-Rights-Activist-Arrested-Under-Naxal-Charges
[ii]. Joint communique of seven United Nations Special Procedures mandate holders to the Government of India regarding the arrest and detention of MsHidme Markam, April 8, 2021, https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26326
[iii]. Telephonic interview with Ms Gayatri Suman, lawyer for Hidme Markam, July 17, 2021
[iv]. Telephonic interview with Ms Rinchin, tribal rights activist from Chhattisgarh and member of the Chhattisgarh Mahila Adhikar Manch and a colleague of Ms Hidme Markam.
[v]. Telephonic interview with Ms Rinchin, tribal rights activist from Chhattisgarh and member of the Chhattisgarh Mahila Adhikar Manch and a colleague of Ms Hidme Markam.
[vi]. Proceedings dated 31 March 2021 in NHRC Case No. 155/33/14/2021
[vii] FIR No. 07/2016: Registered under sections 147, 148, 149, 307 IPC; sections 25, 27 Arms Act; and sections 4, 5 of Explosives Substances Act; and FIR 09/2016: Registered under sections 147, 148, 149, 294, 307, 102B IPC; sections 25, 27 Arms Act; and sections 3,5 of Explosives Substances Act.
[viii] FIR No. 03/2020: Registered under sections 147, 148, 149, 294, 323, 506, 364, 302 IPC; and sections 13, 23, 38(2), 39(2) Unlawful Activities (Prevention) Act; and FIR 04/2020: Registered under sections 147, 148, 149, 307 IPC; sections 25, 27 Arms Act; and sections 3, 5 Explosive Substances Act.
[ix]. Telephonic interview with Ms Gayatri Suman, lawyer for Hidme Markam, July 17, 2021
[x]. Sukanya Shantha, “When Process Is Punishment: Hidme Markam's Activism and the Sketchy Cases Against Her”, The Wire, April 5, 2021, https://thewire.in/rights/hidme-markam-chhattisgarh-arrest-adivasi-rights
[xi]. Telephonic interview with Ms Rinchin, tribal rights activist from Chhattisgarh and member of the Chhattisgarh Mahila Adhikar Manch and a colleague of Ms Hidme Markam.
[xii]. Letter of Permanent Mission of India to the United Nations Office and other International Organizations to the Secretariate of the Human Rights Council, NV.GEN/PMI/353/16/2020 dated June 7, 2021
[xiii] NHRC Case No. 155/33/14/2021
[xiv]. Proceedings dated 18 November 2021 in NHRC Case No. 155/33/14/2021
[xv]. Telephonic interview with advocate Advocate Kshitij Dubey, August 13, 2021.
[xvi] Telephonic interview with Advocate Kishore Narayan, August 16, 2021.
[xvii] . Telephonic interview with Gayatri Suman on December 3, 2021
%2020.49.20.png)
