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26th August 2025 (20 Topics)

SalwaJudum Judgment of SC

Context:

The Supreme Court’s 2011 judgment banning SalwaJudum has resurfaced in political debate after allegations against Justice B. Sudershan Reddy, Opposition’s Vice-Presidential candidate.

Background of SalwaJudum

  • SalwaJudum (“peace march” in Gondi) was a state-backed civilian militia movement launched in 2005 in Chhattisgarh to counter Maoist insurgency.
  • It mobilised tribal youth, sometimes forcibly, into Special Police Officers (SPOs), also known as Koya Commandos.
  • It was accused of serious human rights violations, including burning of villages, killings, and displacement.
  • The movement was widely criticised by activists and human rights organisations.

Special Police Officers (SPOs)

  • SPOs were appointed under the Chhattisgarh Police Act, 2007.
  • They were armed civilians trained to fight Maoists, paid an honorarium of about ?3,000 per month.
  • Recruitment included youth, often under 18 years old, lacking education and proper training.

Case Before the Supreme Court

  • In Nandini Sundar vs. State of Chhattisgarh (2011), the legality of appointing SPOs and arming civilians to counter Maoists was challenged.
  • Petitioners argued this violated Article 14 (Equality before Law) and Article 21 (Right to Life with Dignity).

Supreme Court Judgment (2011)

  • Declared SalwaJudum illegal and unconstitutional.
  • Held that the state cannot arm civilians and deploy them in counter-insurgency operations.
  • SPOs were found to be inadequately trained, underage, and used as cannon fodder in Maoist areas.
  • Directed the government to:
    • Disband SPOs and SalwaJudum.
    • Withdraw firearms issued to them.
    • Refrain from using surrendered Maoists or civilian groups in combat roles.
    • Deploy only properly trained police and paramilitary forces.

Significance of Judgment

  • Reaffirmed constitutional supremacy over executive expediency.
  • Stressed that rule of law cannot be sacrificed for short-term gains in counter-insurgency.
  • Upheld the principle of protection of tribal rights and dignity under Articles 14 and 21.

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