When a category of people is continuously oppressed for years and government policies have always thrown a blind eye towards the needs of these classes of people, they slowly resolve to form organizations to overthrow the government machinery. They are often scrutinized as anti-nationalists, terrorists, and Naxal. The core issue lies in determining the route to regain the confidence of the oppressed and stabilize peace and public order in the state. Salwa Judum was a State-backed militia group formed by the government to curb Naxalism and Maoist activities in the state.

The true intention of the group was to put an end to Maoism but it turned out to be an institutional revolt against the Maoists. It is portrayed as a people’s struggle against the Naxal and the government’s deterrent against the rooting of Maoist groups. However, at some point, it turned out to be a tit-for-tat scenario diverging from its true motive. Counter violence in an institutional manner has paved the path to continuous attacks and the loss of many lives in the state of Chhattisgarh. The constitutionality of Salwa Judum, why it was organized and its future are relevant topics of discussion to critically analyze this movement.

Origins of Salwa Judum

Salwa Judum was militia trained and mobilized by the late Congress leader Mahendra Karma in different parts of Chhattisgarh in 2005. It was a pilot project initiated by the government to curb Naxalism. At the very beginning, the group was believed to be a spontaneous rebellion from the rural tribes against the continued violence of Naxal groups. However, much later it was reported that it was a well-organized tactic of the government to supersede the Naxal power through local chains. The state government recruited, trained the youth as Koya Commandos, or SPOs (Special Police Officers), and supplied arms and tactic support to the Salwa Judum was largely criticized by various entities including human rights organizations, top courts, and the general public claiming that counter-violence is not a means to end terrorism.

In 2011, the Supreme Court banned these illegal groups as aggressions began to take momentum, still, the waves of Salwa Judum are visible on the outskirts of Chattisgarh. It was alleged that the group consisted of many former Maoists and the ideology of the group was abused to gain control over the public. Many lost their lives in the continuous conflicts between the two groups. Many of the volunteers were former Maoists. Many people were killed; there were numerous allegations of the Judum entering and burning villages, several accusations of sexual assault, and thousands being displaced from their homes.  The public was left with no other options other than to surrender to the terrorists or resort to Salwa Judum camps.

Many lost their settlements and were tagged as refugees fleeing to neighboring states. Rumors began to fill the air that Salwa Judum sought to conscript villagers, displaced the entire villages to cut the flow of local aid to the Maoists, and was shifted to detention camps. The people who lost their lives are untraced and do not have a solid count by the government. It can be addressed as a massacre planned and executed.

Supreme Court Intervention to end the State-Sponsored Terrorism

In the case of Nandini Sundar & Ors vs State Of Chhattisgarh, the petitioner put forth the constitutionality of tribal organizations in the state of Chhattisgarh aided by the state to engage in conflict against the Naxal. It was alleged that the financial assistance facilitated by the government exploited the illiterate tribes forced to join the groups as SPOs, and given firearms to undertake tasks that only members of the official and formal police force ought to be undertaking. Many thousands of them have been appointed, and they are being paid an honorarium of Rs 3000 per month, which the Union of India reimburses as contented by the petitioner. The court reiterated that the groups formed in this manner are illegal and encroaching on the fundamental right to life under Article 21, the right to freedoms under Article 19, and the right to equality under Article 14 granted in the Constitution of India.

The Supreme Court directed the CBI to take immediate investigation on the matter and curb the rooting of these groups. The bench constituted by Justice B. Sudershan Reddy and Justice S.S. Nijjar said that The primordial value is that it is the responsibility of every organ of the state to function within the four corners of the constitutional responsibility. That is the ultimate rule of law. Again in the case of Kartam Joga & Others v. State of Chhattisgarh, The Apex Court has reiterated the role of central and state governments to safeguard the life of citizens and end unwanted interferences with the terrorist triggering institutional conflicts. Thus the judiciary has actively exercised its power to curb unlawful riots deteriorating peace and public order.

Controversies raised by the Naxal Conflict

• Recruitment of child soldiers to the groups trained in arms and injecting antisocial and anti-human perspectives to inbuilt internal disturbances.  A survey conducted by the Forum for Fact-finding Documentation and Advocacy (FFDA) revealed that over 12,000 minors were being recruited to Salwa Judum from the southern district of Dantewada in Chhattisgarh Government had officially recruited 4200 Special Police Officers(SPO) majority recognized as minors. The real figures are still untraced and vague.
• Large-scale displacement was witnessed by the state of Chhattisgarh with the rooting of Salwa Judum troops. The public was astonished by the daily rebellion, gunshots, and explosions that forced them to migrate to other states leaving settlements in search of new niches. There is no authentic data on the total migration level. But Himanshu Kumar of Vanvasi Chetna Ashram, a non-governmental organization has disclosed to the news reporters of The Mint in 2008 that, nearly 30% of the tribal population(Southern Chhattisgarh) has been displaced at various times during this armed conflict between Salwa Judum and the Maoists., with half of them in the camps and half in the forests and many took refuge in Andhra Pradesh.
• Huge human rights violations including abuse, rape, murder, etc increased at the advent of armed rebellion. Many were tortured by the troops of Salwa Judum believing to be cooperating with the Naxal. The United Nations had criticized the inhumane conditions existing in Chhattisgarh as a pertinent human rights issue. The basic human right to live with dignity, movement, free speech, equality, access to resources was questioned.
• Strengthening terrorism by constant suppression of the local tribe. As the protective force itself resorted to violence and killed the near ones, many took the opposite side to supersede their land free of government force. Public trust in the government relief began to shatter and citizens gave no heed to the orders and directions of the government. The situation led to chaos as political parties began to color the militia group on political grounds. 
• Failure to rehabilitate the refugees and surrender. The government failed to bring in relevant policies to bring the original citizens back to the state. Even though there existed abundant resources to provide a livelihood to these tribal groups. The government threw a blind eye towards the needs of these villagers. Thus, many resisted coming back to their hometown.

The Current Status

Though the Supreme Court judgment in 2011 has cleared the air, the unofficial groups of Salwa Judum are still persistent in many places. The judgment has not been clearly implemented giving rise to new struggles. It is being reported that nothing has been done by the state as well as the central government to effectively mitigate the situation in Chhattisgarh. Years passed but nothing has been done to implement the judgment. It is embarrassing to note that the State government has merely renamed the SPOs. They are now known as the District Reserve Guard (DRG). There has been no significant change after the judgment as the government has not taken active steps in preparing policies to dissolve these groups which have become invisible force after the 2011 judgment of the Supreme Court. The roots are still persistent in parts of the state where the government machinery is still impenetrable.

Conclusion

Violence to counter violence is not an option before a secular democratic nation like India. In order to curb the growth of the Naxal, the government should reach out to every corner of the nation. Proper education and training should be given to illiterate people to remain out of this vicious circle. Resources should be reserved for these tribal communities to integrate into the common public. The land ceiling should be fixed and equitable distribution of land should be implemented to secure land for these displaced groups.

The penetration of terrorism is stronger in the tribal areas therefore proper protection and tribal rights should be provided. The state should allocate more funds for the upliftment of these marginalized communities.  The gap between local communities and the general public can only be bridged by government intervention in the form of resource allocation, infrastructure development, employment opportunities, enhanced health care facilities, and education to bring the suppressed out of this vicious circle of isolation. Proper surveillance is also needed in such areas. when the government machinery reaches out to these areas through direct channels.