Incompatibility of Security Laws and Human Rights: Case of Naxalite Movement and Tribals in Odisha, India

Abstract

In India, several special security laws in the naxalite affected are responsible to violate national and international human rights guarantees, both by the naxals and security forces. The indigenous tribal people are experiencing three kinds of human rights violation due to naxalite movement; firstly, naxals are involved in killing, abduction, summary trail, execution and torture of civilians; secondly, secondly, security forces are responsible for arbitrary arrest, illegal detention and torture and thirdly, chronic forms of HR violations like right to life, land, development induced/conflict induced development, displacement due to security reasons, forest laws and others. This paper is an empirical study in the naxalite affected Koraput region in the state of Odisha to have a critical examination of the extent of human rights violations and tries to locate the contradictions of the stand poised by the government of India and International human rights legal framework. Secondly, to identify the limitations of international human rights laws, especially IHL and UDHR to deal with specific population groups like tribals in India. Finally, it argues for alternative ways for the protection of Human Rights of the indigenous populations in the conflict areas.