The Hindu : Girijans see a ray of hope in landmark judgment

Online edition of India's National Newspaper
Monday, Mar 15, 2004

Andhra Pradesh

Andhra Pradesh

Girijans see a ray of hope in landmark judgment

By Santosh Patnaik

VISAKHAPATNAM, MARCH. 14. The Supreme Court ruling has come as a ray of hope for the Girijan prisoners, who are languishing in various jails even after completion of their sentence.

Once the State Government nullifies the `discriminatory' 1974 notification and implements the CrPC of 1973 instead of the old one for the Girijans, about 3,000 Girijans languishing in jails for no fault of theirs even after completion of their sentence, will get the opportunity to walk into freedom.

"It's a wonderful judgment. I consider it a boon to the hapless Girijans who stay in jails due to non-consideration of their remand period while serving a sentence,'' the Central Prison Superintendent, Sunil Kumar, told

The Hindu.

The Supreme Court in its ruling on Friday directed the State Government "to apply uniformly the 1973 Code to the entire State,'' and warned the Government that the court would scrap it if the Government did not nullify 1974 notification. The ruling termed "historic'' by many is expected to benefit 60 to 70 prisoners lodged in the Central Prison at Adavivaram, near here. Though the remission of remand period is considered for non-Girijans, the 1974 notification denied this facility to the Girijans of nine scheduled districts for whom the old CrPC was being applied.

As a result, the officials were following two laws, one for tribals and another non-tribals, causing consternation among the Girijan right activists and social action groups for past three decades.

The State Human Rights Committee chairman, Venugopala Rao, was shocked when he came to know about the disparity during a visit to the Central Prison near here a year and a half ago and immediately announced that he would take up the case in the apex court to do justice to the girijans.

"Better late than never. We are happy that after so many years of struggle, finally the Supreme Court has come to the rescue of innocent Girijans,'' remarked an activist of the Andhra Pradesh Girijan Sangham.

The Girijan rights activists also want that the disparity in enlarging the Girijans on bail should go. Due to classification of the Mandal Revenue Officers as the executive magistrates, getting a bail is considered a Herculean task for the Girijans.

For instance, following death of a woman in a lorry accident, about 20 Girijans staged a rasta roko at Araku in June 2003.

After their arrest, the revenue officer passed a bail order stating that they should produce two sureties each by gazetted officers.

"How can innocent and illiterate Girijans get surety from Government officers. After our intervention, we could get bail by appealing in the district court,'' the Centre of Indian Trade Unions (CITU) State president, Ch. Narsing Rao, said.

Another classic instance of injustice being followed in the agency area is that in the event of transfer of an MRO, the trial has to start afresh by his successor, thereby delaying the conviction process further. "This should also go,'' a senior police officer, commented, on condition of anonymity.

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