On July 8, Arunachal police detained two anti-dam activists claiming that they were likely to cause a 'public order issue', on the same day that the Union power minister visited Itanagar to review the status of several hydropower projects

The day-long detainment of two anti-dam activists on Monday, July 8, in Itanagar, Arunachal Pradesh, was equivalent to harassment and a violation of the democratic rights of indigenous communities, said several environmental and human rights organisations.

The state police arrested lawyer and anti-dam activist Ebo Mili and convenor of the Siang Indigenous Farmers’ Forum Dugge Apang on July 8, claiming that they were likely to cause a “public order issue”. The two activists were later released on the same day after signing a bond that they would not participate in activities for the next year that might ‘breach the peace’.

The activists, incidentally, were hoping to organise a peaceful demonstration in the city on July 8 and meet Union power minister Manohar Lal Khattar in person and hand over a memorandum at the Itanagar secretariat, for which they were in the process of taking necessary permissions from the deputy commissioner. Khattar was in the city to review hydropower projects with state government officials, including the controversial 11,000-megawatt Upper Siang multipurpose power project.

Two anti-dam activists were detained for an entire day

On the morning of July 8, Arunachal police arrested lawyer and anti-dam activist Ebo Mili at Itanagar. The police took Mili into preventive custody. On the same day, Arunachal police also arrested Dugge Apang, another anti-dam and pro-river activist in Itanagar. Apang is the convenor of the Siang Indigenous Farmers’ Forum (SIFF).

According to the Indian Express, the Itanagar police said in a statement that they took this action after “reliable sources” reported that both Mili and Apang were “likely to disrupt the forthcoming public meeting involving the Honorable Chief Minister and Union Ministers” on July 8 and “attempt to cause a public order issue.” The police took this “preventive action”, to “maintain public order”, they said in a statement quoted by Hindustan Times.

The Arunachal police ultimately released both Mili and Apang on Monday evening — but only after both signed a bond promising not to participate in further activities that may be considered “breaching the peace” for one year.

Mili is no stranger to being apprehended for crimes he has not committed. In August last year, the state police detained him for staging a peaceful protest outside a banquet hall in Itanagar, where the Bharatiya Janata Party government was engaged in signing memoranda of understanding with public sector undertakings to continue the construction of 12 stalled hydropower projects in the state.

As per the Indian constitution, it is not against the law to protest peacefully, Mili, a lawyer, told The Wire on July 9.

“I was made to sign a bond, and placed under monitoring for one year,” Mili told The Wire. “But yesterday the police could not file an FIR against me because I had not done anything to breach the peace, so they made me sign another bond for one more year.”

As per news reports, the state police detained both Mili and Apang under Section 128 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) that states that an Executive Magistrate can require a person to show cause why the person should not be ordered to execute a bond or bail bond for his good behavior for a period of time not exceeding one year, if the Magistrate feels that there is reason to believe that the person could commit a cognizable offence.

While the law permits the police can detain individuals if they are “apprehensive” that their actions might affect public order, the law also makes it clear that this power should not be abused, Mili told The Wire.

Violation of democratic rights

The Indian Express quoted members of the Siang Indigenous Farmers’ Forum as saying that they had no intention to disrupt the day’s events and that the activists were in the process of seeking permission from the Deputy Commissioner for a peaceful demonstration in Itanagar town, to hand a memorandum to Khattar in person at the Itanagar Secretariat.

The Wire accessed a copy of the letter that the activists were hoping to file for seeking permission for this. The letter clearly states that permission was being sought for a “peaceful demonstration against the rampant building of dams and the sale of our land”, and specified the location of the demonstration in Itanagar as well.

Several environmental and human rights organisations have come out in support of Mili and Apang, and condemned their “unlawful” detainment. The Centre for Research and Advocacy, Manipur, (CRA) and Affected Citizens of Teesta (ACT) expressed their concerns at the detention of both Mili and Apang in a press note on July 8.

“The arbitrary detention of Advocate Ebo Mili and Mr. Dunge constitute a harassment and violation of fundamental rights of indigenous human rights defenders for raising legitimate concerns with large hydropower projects over the Siang and Dibang River basins in Arunachal Pradesh,” the CRA and ACT said in their press note.

The duo’s “arbitrary detention” without an arrest warrant represents “a violation of democratic rights enshrined under India’s constitution and the indigenous peoples’ rights, as guaranteed under the UN Declaration on the Rights of Indigenous Peoples, 2007”, the press note declared.

The press note also called on the Government of India to stop the “arbitrary detention” of Mili and Apang and “to stop all forms of harassment of indigenous human rights defenders for asserting their indigenous rights and concerns with unsustainable development”.

How is it even possible to detain the two activists when they hadn’t done anything, and when they hadn’t even been given an opportunity to present their letter to the Deputy Commissioner to seek permission for the peaceful march, asked a member of the local community who did not want to be named.

“They’re even trying to control how we think, let alone act,” the resident, from an indigenous community in the state, told The Wire. “This is very concerning, also because of the timely coincidence of the [amended] FCA which cites national security and defense as a reason for getting away with such projects that have a huge impact on our lands and people.”

The Union government recently amended the Forest Conservation Amendment Act of 1980. One of the new clauses that the legislation includes is that projects coming up in areas within 100 km of India’s borders will not require forest clearance, unlike before. Experts have pointed out how this, and a few other new clauses added as part of the amendment to the FCA can result in huge tracts of forest land being opened up to developmental activities and tourism.

Minister reviews the status of hydro projects

The Union minister for power, Manohar Lal Khattar, arrived at Itanagar, Arunachal Pradesh, on July 8.

“Reviewed various ongoing hydropower projects, comprehensive scheme of transmission & distribution and the revamped distribution sector scheme in the state,” Khattar posted on social media platform X, formerly Twitter, on July 8. “Arunachal Pradesh has demonstrated a steadfast commitment to enhancing its power infrastructure, resulting in significant strides in sustainability.”

Chief minister Pema Khandu who also took part in the discussions claimed that they are “committed to overcoming any challenges” to expedite the completion of hydropower projects in the state. “These projects are not only vital for meeting the state’s power needs but also for contributing to the national grid and boosting our economy,” he tweeted.

Among the 60-odd hydropower projects being planned in the state is also the 11,000 megawatt Upper Siang multipurpose project, which has been pushed forward as a counter to China’s dam on the Brahmaputra. However, local communities have raised several concerns including loss of crucial forest and community land, among others.