Starving musahar community is still facing exploitation and police torture

Starving musahar community is still facing exploitation and police torture
Sandhya and Mithiles of Shikher Prashikshan Sansthan informed that in village Damahi of Jangal Mahal under Rajgarh Block in district Mirzapur, people of musahar community were dying of starvation. On their information PVCHR, a partner of Right to Food campaign, formed an inquiry team and made a visit to that village on 1 November 2005, 24 Km. away from Chunar. Having traveled 6 Km. through an unpitched road inquiry team reached to Jungle Mahal. Leaving their car behind, members of inquiry team had to walk on foot a distance of 1-5 Km to reach the village
Damahi.
Following members were there in the inquiry team-
Mr. Lenin : State co-coordinator of Right to Food Campaign.
Shruti- Coordinator of Savitri Ba Phule Mahila Panchayat.
Sandhya- Mahila Adhikar Manch.
Anupam- a member of core team of PVCHR.
Statement of members of victim families and fellow villagers

Ramchander (18 Years) S/o. Sri Rajnarayan- I have 4 brothers, one of them is handicapped. I have no land. My mother was ill. She had been suffering from hunger-oriented illness.Taking debt I managed medical treatment for my mother. She had taken no food for 5 days before she died. But neither any official from Block nor village head nor any doctor came to my house. Village head says that he has purchased the vote and he does not care the poor people. Hardly, I find work in an agricultural field through out the whole year. Our livelihoods depend upon collection of dry woods from the jungles. Early in the morning, often we go to the Jungle without food to
collect dry woods. In the evening after returning from jungle I go to market to sell the bundle of dry woods. Next day, by selling the dry woods I earn Rs. 50 to 70. I mean for two days work, I earn Rs.50 to 70. There is no hospital in the village or nearby area. In emergency we have to go to Ahraura(a nearest market). Often patients die in the half way. There is no resource of drinking water in the village. We bring water to drink from the nearby river. I do work in the stone quarry of Rakesh Patel at Shakteshgarh. For medical treatment of my mother and for other essential requirements, I have taken a debt of Rs 10000 from my employer Rakesh Patel. He pays only Rs. 5 to 6 out of Rs. 10, which is actual wage rate. If one dares to leave the work, certainly would be beaten.

Amravati a 12 Years old girl of musahar community told that she used to go the Jungle to collect dry woods. She told that she did not have food for daily. Often she becomes forced to go without food.

Krishnavati Kol told that when musahars and Kols did make demand for their rights, they were called Naxalites. So many innocent persons were beaten badly and were taken away by police.

Ramdulari told that she belonged to Chamar community. There is a piece of agricultural land in the name of her mother. Lallan Patel, and backward caste man of neo-feudal approach, has taken possession over that land. He destroyed the whole plantation of Parval(a kind of vegetable plants) which valued up to Rs.10,000/-. Police took no action against the culprit Lallan Patel.

Ramshakal Musahar told that he had white ration card but never get any food grains. He works as a laborer in the stone quarry of Krishna kumar. He has taken debt from him up to Rs. 7000-8000/. He says that he cannot stop the work, as a labor, of that man until he did not pay the whole debt back to his Employer. If one dares to quit the work, he would be beaten badly.

Daughter of Heerawati (Heerawati died of hunger) told that she could have got only dry bread to eat. She collects Bajra from the fields and eats it without roasting or cocking.

Kevali 55 years (she died after visit of team) old women told that she had no ration card. Due to hunger, her daughter in-law named Heerawati had died 3 years ago and her other younger daughter in law Munga also died of hunger. Munga could not get food for 4 previous days, before she died.

Son of Kevali, Vishnu told that taking debt from his employer Rakesh Chauhan he, some how managed to give medical treatment for her mother. (Be it known that Kevali too died of hunger after some days.)

Phunnu s/o Late Sarju told that on 8th October his father Sarju died of hunger. For 5 days before he died, he could not be able to give him food. He does not get food for everyday. He works in the stone quarry of Rampos of Bairampur. He has taken a loan of Rs. 850 from his employer Rampos. He gets Rs25 to 30 as daily wage. He cannot leave the work on the basis of low wage rate because he has no option.

Secretary of Shikhar Prashikshan Sansthan Sandhya told that she had been working since 1997 among mushar, kol and dalit communities to organize and educate them. She told that until some years back, mushars had not been dying of starvation. They used to collect leaves from the Jungle but now they could not take the leaves from there. Forest department does not allow them to enter into the Jungle. There had been drought for last two years. Agriculture has been a matter of loss due to which they to not find agricultural work. Women of mushahar community are worst affected and they are dying.

Convener of Savitri Ba phule mahila panchayat Shruti was taken aback knowing that on the very day of Deewali, here people are going without food. These people do not have food grains. It is undoubtedly nothing but havoc of hunger. People do not have red cards. They are not getting food grains on white card. They do not find work under the scheme of Food for Work. Employers are exploiting the laborers. In such a situation how may these people save their right to life? Musahars have no food. Women of these families hardly get food in the last because due to patriarchal structure of family they can take food at last if it remains. This is the reason, why cases of hunger deaths of women are more common than the women.

Campaign Coordinator of Right to Food Campaign, UP Dr. Lenin said that, Chief Secretary, District Magistrate and Chief Minister were celebrating Deevali but at the some time mushahar community was facing starvation. It is shameful for independent India.

CONCLUSION-
• Musahar of Damhi Tola of Jungle Mahal of Rajgarh Block in district Mirzapur has died of hunger and hunger oriented illness and still facing starvation.
• Widow women like Makhan Mushahar (75 yrs.) who is qualified for widow pension scheme, is deprived of the benefit of the scheme.
• Musahars of Damhi Tola are dying of Starvation but they do not have red cards. It they are qualified to get the benefits of food securities, then why is they deprived of that. Those who have white cards are not getting food grains.
• Collusion between police and feudal forces is being exercised to torture musahar and Kol communities. But Police do not take any action against the perpetrators belonging to upper caste under SC/ST Act 1989 and Bonded Labor Act, 1976, who take possession over their land forcefully and destroy their crops and pay wages less than the minimum wage rate. Thus administration and police are making violation of article 14 of the Indian constitution. It is crisis of Rule of law. Poor people are frightened and find them unable to exercise their essential rights and they are dying of starvation. It is happening due to prejudiced nature of administration. In the village people have not got work under the scheme of “food for work”. There is no ICDS center in the Musahar Tola which is violation of directions of Honorable Supreme Court.
• UP Government has already issued a GO dated 22 Dec.2004 under which a contingency fund has been set up to provide immediate relief for starving family but it has not been followed in this case.
• Negligence on the part of state Government and District administration:
It should be noted that on an earlier complaint made by us, DR. N.C. Saxena Supreme Court commissioner had given to chief secretary of UP (Hungercomp/311/UP dated 05.06.2005) the following direction:

Performance of the food Schemes
A look at the available information on food schemes implemented in these districts presents a very grim picture. In Varanasi, Sonebhadra, Jaunpur, Khusinagar and Mirzapur, from where the deaths are reported, only 31% of the children under 0-6 age group are covered by ICDS. Seventy-one additional ICDS projects (in addition to the existing 64 projects) are required to cover the population as per existing norms. Even among the existing 64 projects nearly 9% of the anganwadi centres are not reporting to your Department of Women and Child Development. The staffing in these projects is also very poor with non-appointment of 19% of the sanctioned anganwadi workers (AWWs) and 30 % of the sanctioned anganwadi helpers (AWHs) in Mirzapur and 11% of the sanctioned AWWs and 12 % of the sanctioned AWHs in Jaunpur (see appendix 2).In the case of employment related schemes, the five aforementioned districts have utilized only 78% of the allocated funds and 56% of sanctioned food grains under the Sampoorna Gramin Rozgar Yojana (SGRY). Again Mirzapur performed worst with only 39% utilization of food grains. This is despite the fact that Mirzapur is a poor district, and here the percentage of agricultural labour to main workers is 33.78 % (as against 21.4% for UP) and percentage of marginal workers to main workers is 3.39 % (as against 2.94 % for UP). Except Jaunpur in the other three districts (Varanasi, Sonebhadra and Khusinagar) too the proportion of agriculture workers and marginal workers to main workers is much higher than that in U.P. on average.
Though in addition to SGRY, the National Food for Work Scheme was also in operation in districts of Sonebhadra, Mirzapur and Khusinagar, only 7.5 % and 8.6 % of the funds and food-grains were utilized in these districts.
Another fact which is distressing is that in districts of Varanasi, Jaunpur and Khusinagar, women beneficiaries under SGRY constituted of only 13%, 4%
and 18% of the total beneficiaries, which is much below the norm of 30 %, which is the proportion of reservation for women in employment schemes.
In light of continued reports of hunger deaths and poor implementation of food schemes, I recommend the following:

o Set up district-wise enquiries on the reported hunger deaths and provide necessary assistance to these families.
o In a letter dated 9.11.2004, No. 3872/26-06-04, it was mentioned that to prevent malnutrition deaths, discussions are in process to make the village level officials and gram pradhan accountable and to provide adequate funds at district level to provide immediate relief to people in danger of hunger. It was also mentioned that I will be briefed on steps taken on these soon. I request you to kindly update me on the developments in this regard.
o Ensure that all AWCs are operational and reporting and all vacancies are filled in ICDS projects; further send us the details on the steps taken to increase the number of ICDS projects as per existing guidelines.
o Send a report on the reasons for low utilization under SGRY and NFFWSs and action taken to ensure full utilization of food grain and funds under these schemes.


Demands-
1. Immediate relief should be given to the hunger victim families and action should be taken against village head and village secretary and lekhpal.
2. Under the Employment Guarantee Bill 2005, immediately, needy people should be given work for at least 100 days by preparing their list.
3. Action should be taken under Bonded labour Act, 1976 to release stone quarry workers, initiative should be taken to implement extensive rehabilitation programme for them. Stone quarries should be allotted to the workers on lease.
4. Owners of stone quarries are involved in illegal quarries work. It must be checked and revenue collection should be increased.
5. All qualified poor people should be given red cards immediately. Identifying the old women like Makhan,they should be issued Annapurna card.
6. Making judicial inquiry of the police atrocities against musahars and kols in the name of Naxalism,Rule of law should be established so that ultra
7. leftist violence in the reaction of feudal atrocities could be discouraged.
8. In the matter of forceful possession over the land of Ramvati by Lallan patel and for destroying her crop of Parval(a kind of vegetable plants) action should be taken under section 3(1) viii, 3(1) xi, 3(1)ix of SC/ST Act against the culprit. Under rule of SC/ST Act, making a visit of that village, DM and SP should take initiatives for rehabilitation of them under rule of the Act.
9. Strict implementation of Directions of Supreme Court¡¦s commissioners should be ensured.
Video footage of the statements given above made by members of victim families and fellow villagers is available on request.Report is translated in English and edited by Shiv Prasad Singh (Adv.)

INDIA: Feudal lords attack Daliths for claiming proper wage, while police refuse to take action and pressure the victim to withdraw complaint in Uttar

INDIA: Feudal lords attack Daliths for claiming proper wage, while police refuse to take action and pressure the victim to withdraw complaint in Uttar Pradesh, India

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
12 January 2006
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UA-019-2006: INDIA: Feudal lords attack Daliths for claiming proper wage, while police refuse to take action and pressure the victim to withdraw complaint in Uttar Pradesh, India

INDIA: Racial discrimination, murderous assault, corrupt policing, complete failure of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from our local partner PVCHR, a local non-governmental organisation based in Uttar Pradesh detailing that when members of the Dalith community were claiming proper wages for work, they were assaulted by members from the upper caste. Furthermore, when the victims tried to lodge a complaint with the local police, instead of registering it and taking action against the criminals, the police pressurised the victim to withdraw the complaint.

It is alleged that on 24 December 2005 Mr. Guddu, son of Lalman accompanied by Mr. Maya Ram were talking with the Secretary of the Village Panchayat (local body). Maya Ram was discussing with the Secretary about the wages of the labourers who were employed for the construction of a toilet in the scheduled caste area. It is alleged that in fact this Secretary was not paying proper wages to the labourers and Ram and Guddu were protesting against this with the Secretary. It is alleged that the village head, Mr. Sharanshankar Singh (alias Nepali Singh) along with one Mr. Ramesh Yadav came to the place and soon he started verbally abusing Guddu and Ram and also assaulted them with an axe and threatened them that they would be shot. It is also alleged that the injured victim tried to lodge a complaint against the assault with the local police, but they would not accept it. As of today it is allged that the local police are forcing the victim to withdraw the complaint.

The AHRC has in the past raised its concern about the growing intolerance against lower caste members, particularly by the caste Hindus in India. In the recent past the AHRC has issued various urgent appeals on this issue, particularly from Uttar Pradesh, a state where feudal systems still remain unchallenged. In most of these cases the police were reported to be aiding the caste Hindus, refusing to take any action. For further details please see UA-218-2005, HA-23-2005 , UA-145-2005 & UP-100-2005. This is yet another disturbing case of such a nature.

The Asian Human Rights Commission (AHRC) is deeply concerned about this case and calls for your urgent intervention in this case. The incident must be investigated into and the perpetrators booked. The police officers who are responsible for denying the victims to register their case must be immediately removed from their respective posts and their conduct inquired into and charged with for dereliction of duty.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims:
1. Mr. Guddu, son of Lalman
2. Maya Ram - both residents of Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh, India

Date and place of the incident: 24 December 2005, at about 4 pm at Piyari village, Varanasi district, Uttar Pradesh, India.

Perpetrators:
1. Mr. Sharanshankar Singh alias Nepali Singh, son of Mr. Ram Gopal Singh
2. Mr. Ramesh Yadav, son of Mr. Balli Yadav
3. Mr. Jawahar Sav
4. Mr. Bhullan

All residing at Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh, India

Case details:

On 24 December 2005 at about 4pm Mr. Guddu, son of Mr. Lalman accompanied by Mr. Maya Ram was talking with the Secretary of the Village Panchayat (local body) near the shop of one Mr. Jawahar Sav, son of Satya Narayan Sav at Piyari. Ram was discussing with the Secretary about the wages to be paid to the labourers who were engaged in the construction of a toilet for the scheduled caste area. It is alleged that the Secretary was not paying proper wages to the workers against which Ram and Guddu were protesting with the Secretary.

In the meanwhile the village head, Mr. Sharanshankar Singh (alias Nepali Singh), son of Mr. Ram Gopal Singh accompanied by Mr. Ramesh Yadav, son of Mr. Balli Yadav arrived there. Both Sharanshankar and Ram Gopal soon began to abuse Guddu and Maya Ram and insulted them by refereeing to their caste. Both Sharanshankar and Ram belong to the lower caste otherwise known as the 'Daliths' in India. Sharanshankar abused them by saying "you dogs! How dare you ask for wages? Last time I did not teach you a hard lesson. This time I will ruin you. I will shoot you."

Sharanshankar soon began to assault Guddu which he resisted. At this time Mr. Jawahar Sav and his son Bhullan gave an axe to Sharanshankar with which he assaulted Guddu on his head. Guddu immediately started to bleed. Soon Ramesh Yadav pulled out his local made firearm and threatened Guddu and Ram that they will be shot.

After the incident Guddu and Ram went to the Chaubeypur police station to lodge a complaint. But the police refused to register a case. Finding that the local police unwilling to help them they went to the District Hospital at Kabirchaura for treatment and posted a written complaint with the Superintendent of Police Varanasi. Though the police head received the information he has not initiated any action against the complaint. However, the police are frequenting the victims' house forcing them to withdraw the complaint.

In this context the AHRC also wish to inform you that the Sharanshankar is also accused of destroying the statue of Dr B. R. Ambedkar (also known as the father of the Indian Constitution and a Dalith by birth) in 2001 and a complaint to this effect was made before the authorities by the PVCHR. In the villages of Eastern Uttar Pradesh attacks on Dalits and practices to insult them in public by the caste Hindus is on the rise. This is perpetrated by the existing feudal landlords who are all against the uprising of the Daliths, who are otherwise considered as the slaves of the caste Hindus.

In this context the AHRC would also like to bring to your attention that according to the Scheduled Caste, Scheduled Tribes (prevention of Atrocities) Act, it is an offense to verbally abuse a member of the Scheduled Caste or Scheduled Tribe with an intention to outrage the person's modesty. It is a more grave offense to assault a member of the Scheduled Caste or Tribe, which attracts severe punishment from that of a regular Indian Penal Code offense. According to the same Act it is also the duty of the Superintend of Police to be directly responsible to inquire into any complaint of abuse against the members of the lower caste. The Act mandates that any such inquiry must be conducted by an officer not less than the rank of a Deputy Superintend of Police.

Suggested action:
The AHRC is deeply concerned about this case and request your immediate intervention . Please write a letter to the addresses listed below expressing your concern about this case.

Sample letter:

Dear ________,

INDIA: Feudal lords attack Daliths for claiming proper wage, while police refuse to take action and pressure the victim to withdraw complaint in Uttar Pradesh

Name of the victims:
1. Mr. Guddu, son of Lalman
2. Maya Ram - both residents of Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh, India

Date and place of the incident: 24 December 2005, at about 4 pm at Piyari village, Varanasi district, Uttar Pradesh, India.

Perpetrators:
1. Mr. Sharanshankar Singh alias Nepali Singh, son of Mr. Ram Gopal Singh
2. Mr. Ramesh Yadav, son of Mr. Balli Yadav
3. Mr. Jawahar Sav
4. Mr. Bhullan

All residing at Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh, India

I am writing to you to voice my concern about the case of Mr. Guddu, son of Lalman and Mr. Maya Ram both residents of Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh. I am informed that the victims were verbally abused and assaulted by the perpetrators. I am deeply concerned about the frequency in which cases of such nature are being reported from India, and Uttar Pradesh in particular. I am equally concerned about the failure of the local police to register any case on the complaint of the victims. I am shocked to know that the police, apart from refusing to take any action, are also forcing the victims to withdraw their complaint.

I therefore call upon you to take immediate action in this regard. Please order an independent inquiry into the incident and ask the local police to register cases against the perpetrators under the provisions of the Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act. I also urge you to conduct an independent inquiry into the conduct of the local police, particularly in refusing to take any action on the complaint of the victims.

Yours sincerely,
_____________

Please send letters to:

1. Mr. Mani Shankar Aiyar
Minister of Panchayathi Raj
Sastri Bhawan
New Delhi
INDIA
Tel: + 91 11 23381462
Fax: + 91 11 23386118
E.mail: manishankar@sansad.nin.in

2. Senior Superintendent of Police
Mr. Brij Bushan
S.S.P Varanasi
Uttar Pradesh
INDIA
Tel: + 91 542 2500441/ + 91?542 2501450

3. Mr. Gokaran
District Magistrate
Varanasi
Uttar Pradesh
INDIA
Tel: + 91 542 2508585

4. Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh
Chief Minister's Secretariat
Lucknow
Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234

5. Justice A.P. Mishra
Chairperson
Uttar Pradesh Human Rights Commission
6-A Kalidass Marg
Lucknow,
Uttar Pradesh
INDIA
Tel: + 91 52 2272 6742
Fax: + 91 52 2272 6743

6. Shri Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Tel: + 91 11 23074448
E-mail: mailto:chairnhrc@nic.in

7. The National Commission for Scheduled Castes and Scheduled Tribes
Government of India
5th Floor, Loknayak Bhawan
Khan Market
New Delhi 110003
INDIA
Tel: + 91 11 2462 0435
Fax: + 91 11 2462 5378

8. Mr. Doudou Diene
Special Rapporteur on contemporary forms of racism and racial discrimination
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9271
Fax: +41 22 917 9050

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission


Posted on 2006-01-11
Back to [2006 Urgent Appeals]

Human rights activist facing death threats for working with Dalit and Backward Community

Update (UA-138-2005)
INDIA: Human rights activist facing death threats for working with Dalit and Backward Community
I want to draw your attention to village Belwa under Badagaon Block in district Varanasi of UP, India. There is a serious crisis of rule of law in the village because feudal practices are still going on: which is mockery of democracy in India.
For the last 27 years the dalits and the backward community in Belwa Village in Varanasi, Uttar Pradesh, India was not able to cast their vote in any election. The upper caste dominated village in Varanasi District of Utter Pradesh never allowed the lower caste community to enjoy their right to vote. The reasons are manifold. The lower caste and the backward community is a source of free labour and faced all sought of exploitation. The caste Hindus were afraid that if their slaves were allowed to vote, they would capture power, which might eventually put an end to their exploitation.

For the Village Panchayath election, which just concluded on 17 August 2005, Mr. S. N. Giri, an accepted figure and human rights activist working for the dalits and the backward community filed his nomination as a candidate. Mr. Rajendra Tiwari, the former Village Headman who held the post unchallenged for about 25 years immediately realized the threat to his unchallenged power. He had contested the election formerly through his wife when the seat was reserved for a woman candidate. Mr. Tiwari and his men threatened Mr. Giri and told him that if he did not withdraw his nomination he and his colleague Mr. Lenin Raghuvanshi of People’s Vigilance Committee for Human Rights (PVCHR) and their family members would be assassinated.

On receipt of the threat Mr. Lenin of PVCHR contacted the AHRC seeking for help to intervene in the situation. The AHRC immediately issued an Urgent Appeal through its urgent appeals network and also contacted various other local and international organisations, including the UN bodies calling for immediate protection of Mr. Giri and Mr. Lenin. The UN responded through its Special Procedures Branch for Human Rights Defenders. The AHRC also contacted various government bodies and foreign consulates in India seeking support.

Due to the immense pressure from various corners, including from local and international organisations there was a response from the state government. The person who called Mr. Lenin and threatened him was arrested and later released on bail. There was a huge police presence during the immediate days prior to election and during the day of election. The following statement by Mr. Lenin itself would show how elections were held in the past and how it was held on 17 August 2005.

The police did something, which never happened in the past. They came with public address systems and announced at the upper caste Hindu areas that if anyone would create confusion and commotion preventing the dalits and the lower caste from casting their vote they would be immediately taken into custody according to law. Similarly they went to the lower caste houses and announced that they are free to cast their vote and that every protection would be given for them to exercise their right. This continued for two days immediately prior to the election.

The day of poling was interesting. The dalits and the backward community started pouring in from the morning. But initially many stood behind and watched and once they were sure that no one would attack them as in the past they formed long queues and cast their vote. One another interesting element is that the women from the upper caste also came in huge numbers. Probably Mr. Tiwari was convinced that unless he let their women to exercise their right he would fail the election. The District magistrate also came to the place early in the morning and announced that anyone who disrupts the election proceeding would be immediately taken into custody and those who attempt armed attack would be shot.

At about 1 pm some people, whom we suspect are the aides of Mr. Tiwari tried to cast vote on false names and tried playing fraud. To our surprise they were arrested and taken into custody. To my memory, but for this election, never was there an election here, which could be anywhere called as an election. On the election day people employed by the upper caste candidate would come, take all the ballot papers, fix the seal of the candidate of their choice and the put it back in the ballot box and the entire election would be over within a matter of few hours and those who challenged this never could live in Belwa anymore.

But this time it was different. I do not know how to thank all those who made this possible for us. Now the question is to maintain the same calm and peace for the counting, which is coming up next week. I hope things will go smoothly. This is the result of a collective work.
After the instruction of SSP Varanasi a FIR was lodged under section 504,506 IPC of crime number 117/2005 at Phoolpur police station on 7 August 2005 against Mr. Ramashray Singh, but FIR was not registered to commit the offence of making disturbance in election process. It should be noted that FIR under crime no. 117/2005 was registered due to the intervention of AHRC. After issuing action alert by AHRC, many protest letters and email were sent from many corner of the world to NHRC, Chief minister of UP, SSP and DM of Varanasi. One of the protest letters in this respect sent by INSEC, Nepal to NHRC, India was treated as a petition (case no.: 14004/24/05-06/UC) and NHRC issued notice to SSP, Varanasi. Then responding to this SSP, Varanasi appointed to SPRa (Superintendent of Police: rural area) for the in-depth enquiry. On a letter from FIAN international, Chief Minister of UP gave an order to SSP, Varanasi to make an enquiry in this case of death threatening.
The feudal forces or upper caste do not want to loose their hold from village, so they try ruthlessly again and again to capture the power anyhow. They are not habitual to tolerate the equality of dalit and backward communities. You can see that on 14 October 2005 during the next voting for block development committee and district panchayat election. They (upper caste) captured the booth for fake voting, as they were very well aware of my absence from the area during election period. Again by booth capturing and giving threatening to dalit and backwards, they knowingly wanted to demoralize the dalit and backwards community. This is the common practice of upper caste people and feudal forces that they know very well that they can maintain their unequal and exploitative social, economic and political privilege by demoralizing dalit and backwards communities. For that purpose they can make threatening, insulting, luring and even killing.
According to the complaint made by villagers of Belwa to District Magistrate of Varanasi on 14.10.2005 during voting two persons named Guddu Tiwari son of Rajendra Tiwari and Dabloo Singh (Muscle man of Rajendra Tiwari) captured force fully booth number 119,120,121,123 and snatched the voting paper from voters and got it stamped for their own candidate and dropped this fake voting papers in ballot box. Till now neither any action was taken against culprits nor the election was cancelled of above-mentioned booths, because Mr. Aparajita Singh, who is Chief election commissioner of UP, is a resident of same village and he played a biased role in this respect to not cancel the election.
Since 2001 Dalit and backward castes children and their parents have been making demand for opening the primary School in dalit ghetto of Belwa village. On 21 October 2005,children from these communities of Belwa village organized a protest before District Magistrate of Varanasi and submitted a petition for opening of primary school under the fundamental right of education. Recently elected members of Local self-Governance signed petition cum resolution and handed it over to the district magistrate, Varanasi on 1 Dec. 2005. Local Self – Governance (LSG) of UP, India has been set up right from village level to District level consisted of three level bodies. The following members of different level of LSG have signed the resolution for opening the Government Primary School at Badepur of Belwa for children of Dalit and Backward Community. Among the signatories all members of Jila Panchayat and BDC of this area have signed the resolution and eight members out of fifteen of Village Panchayat have also signed the said resolution.
Rajesh Kumar Patel (Member-Jila Panchayat/District Council, ward No. 14),Ajit Kumar Singh (Member –Block development Committee),Dinesh Kumar Patel (Member –Block development Committee),Bali Ram (Member –Block development Committee),Shyam Lal (Member –Village Panchayat,Belwa),Vikrama Prasad (Member –Village Panchayat,Belwa), Tara Devi(Member –Village Panchayat,Belwa) ,Hori Lal(Member –Village Panchayat,Belwa) ,Udal Prasad Verma (Member –Village Panchayat,Belwa),Geeta Devi (Member –Village Panchayat,Belwa) ,Girja Devi (Member –Village Panchayat,Belwa),Kishuna Devi(Member –Village Panchayat,Belwa).
In this respect it should also be taken in to account that aforesaid signatories of resolution have expressed their serious apprehension of death threatening from Mr. Rajendra Tiwari, Village Pradhan (head man).
On 13 December 2005, circle officer (police), Cholapur of Varanasi called for to note down the statements of Lenin, SNGiri and Anupam in the case of death threatening given to Lenin, Anupam and SN Giri. In this respect a letter from office of UN High Commissioner for Human Rights, Geneva signed by three respective official (Letter is attached).
In this whole episode it should be noted that no FIR has yet been lodged against the perpetrators in relation to threatening given to a woman activist Anupam. ( An urgent appeal to this effect is attached).

Therefore it is requested that the rule of law should be established and administration should be made accountable to open school in village Belwa to ensure education for Dalit and backward children.








Hkkjr dk LFkk;h fe’ku] tsusok
PERMANENT MISSION OF INDIA
Pankaj Saran TO THE UNITED NATION OFFICES
Minister (Political) 9, RUE DU VALAIS,
Tel # 0041-22-9068686 1202 GENEVA
Fax # 0041-22-9068696
Email: pankaj.saran@ties.itu.int





TELEFAX
No. GEN/PMI/353/37/2004
To: Foreign New Delhi Date: August 17,2005
Rpt: Shri. Kirthy Kumar, Director (HR) MHA, N. Delhi No. of pages: 4

JS (UNES) from Minister (Pol.) Reptd: Director (UNES-II)

Subject: Communication No. G/SO/214 (67-13), G/SO/214 (107-5)
G/SO/214 (78-11) IND 14/2005 dated 16 August 2005 received from
OHCHR.

The above mentioned communication (copy attached), jointly signed
by three Special Rapporteurs addressed to EAM, has been received by us yesterday. The case relates to two incidents (on 5 and 10 August 2005) of alleged ill-treatment by high-casts Villagers in District Varanasi (U.P.) to one Dr. Lenin Raghuvanshi and two of his associates who are stated to be running an NGO for the welfare of Dalits.

2. Grateful for facts for reply.






(Pankaj Saran)
Minister (Political)

NATION UNIES UNITED NATIONS
Haut COMMISSARIAT AUX DROITS DE L’HOMME HIGH COMMISSIONER FOR HUMAN RIGHTS


Telefax: (41-22)-9179006 Address:
Telegrams: UNATIONS, GENEVE Palaldos Nations
Telex: 41 29 62 CH-1211 GENEVE 10
Internet: www.
E-mail:


REFERENCE: UA G/SO 214 (67-13) G/SO 214 (107-5) G/SO 214(78-11)

IND 14/2005



16 August 2005
Excellency,

We have the honour to address you in our capacities as Special Rappoteur on contemporary forms of racism, racial discrimination, Xenophobia and related intolerance, Special Rappoteur on the promotion and protection of the rights to freedom of opinion and expression and Special Representative of the Secretary- General on the situation of human rights defenders pursuant to Commission on Human Rights resolutions 2002/68, 2002/48 and 2002/64.


In this connection, we would like to draw the attention of your Government to information we have received concerning Dr. Lenin Raghuvanashi, a Human Rights Defender with the Peoples’ Vigilance Committee for Human Rights (PVCHR), an organization working for Dalit and ‘lower caste’ communities in Varanasi, Uttar Pradesh, India, focusing on education for children, including the setting up of a local school, and the right to self determination for these communities members, his associate Mr. S.N. Giri and Ms. Anupam Naghvanshi, field coordinator for PVCHR.


According to the information received, on 5 August 2005, at approximate 8:00 Dr. Lenin Raghuvanshi allegedly received a phone-call, on his mobile phone, from a man linked to the village authorities (the identify of whom is known to the Special Representative) demanding that Mr. S.N. Giri withdraw his nomination from an election due to be held in Belwa village on 17 August 2005. Furthermore, on 7 August 2005, at approximately 20:35, Dr. Lenin Raghuvanshi allegedly received another phone-call from the same person threatening that if his associate did not withdraw his nomination, Dr. Lenin Raghuvanshi, his family and Mr. S.N. Giri would be shot dead. Dr. Lenin recorded the phone conversation and has lodged a complaint with the Senior Superintendent of the Police and District Magistrate. He has reportedly also fixed a complaint to the Chief Minister of the State. Moreover, previously on 26 August 2003, Dr. Lenin Raghuvanshi had been arrested and detained for 4 hours for organizing a protest before Sub Divisional Magistrate in Varanasi.


It is reported that on 10 August 2005, at approximate 16:00, Ms. Anupam Naghvanshi, was surrounded by a number of people connected to the village authorities (the identity of whom is known to the Special Representative) who asked her why she was encouraging the Dalits and ‘lower caste’ community to cast their vote in the upcoming election. Ms. Anupam Naghvanshi was allegedly threatened with murder if she returned to Belwa village. Ms. Anupam telephoned the police at approximate 18:00 on 10 August 2005 but no officer was dispatched. She then sent a written complain by registered post to Phoolpur police station. It is reported that no action has been taken in this case by Phoolpur police.

His Excellency
Mr. K. Natwar Singh
The Minister for Foreign Affairs
New Delhi, India
In light of fact that the Belwa village and its surrounding areas are reportedly known for booth capturing and election related fraud, and that during the February 2002 elections, people from these communities were allegedly assaulted when they turned out to vote, these threats could constitute an attempt to intimidate Dr. Lenin Raghuvanshi, Mr. S.N. Giri and Ms. Anupam Naghvashi and prevent them from carrying out their human rights work with the Dalit and ‘lower caste’ in Varanasi.


Without in any way implying and determination on the facts of the case, we would like to refer Your Excellency’s Government to the fundamental principles set forth in the Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedom, and in particular article 1 and 2 which state that everyone has the right individually or in association with others, to promote and to strive for the protection and realization Human Rights and Fundamental Freedom at the National and International levels” and that “each State has prime responsibility and duty to protect, promote and implement all human rights and fundamental freedom, inter alia, by adopting such step as may be necessary to create all conditions, necessary in the social, economic, political and other fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all those rights and freedoms in practice”.


We should like to appeal to your Excellency’s Government to take all necessary steps to secure the right to freedom of opinion and expression of the above mentioned persons, in accordance with fundamental principles as set forth article 19 of the Universal Declaration of Human Rights and reiterated in article 19 of the International Covenant on Civil and Political Right which provide that “Everyone has the right to freedom of opinion and expression; this right include freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”.


Furthermore, we should like to appeal to your Excellency’s Government to guarantee the right to equality and non-discrimination of these persons in accordance in article 1 and 2 of the Universal Declaration of Human Rights, as well as article 2.1 of the International Covenant on Civil and Political Rights, ratified by your country on 10 July 1979, where State undertake to ensure to all individuals within their territory, without discrimination, the rights enunciated in the Convention, including right to vote (article 25 b), and article 2.2 of the International Covenant on Economic, Social and Cultural Rights, ratified by your country on 10 July 1979, where States undertake to guarantee to all without discrimination the rights enunciated in the convention, including the right to education (article 13).


We urge your Government to take necessary measure to guarantee that the rights and freedoms of the aforementioned persons are respected. We also request that your Government adopt effective measure to prevent the recurrence of these acts.


In view of the urgency of the matter, we would appreciate a response on the initial step taken by your Excellency’s Government to safeguard and rights of above mentioned persons in compliance with the International instruments.


Moreover, it is our responsibility under the mandates provided to us by the Commission on Human Rights and reinforced by the appropriate resolutions of General Assembly, to seek to clarify all cases brought to our attention. Since we are expected to report on these cases to the Commission, we would be grateful for your cooperation and your observations on the fallowing matters, when relevant to the case under consideration.




1. Are the facts alleged in the above summary of these cases accurate?

2. Has a complained been lodged by or on behalf of the alleged victims?


3. Please provide the details, and where available the results, of any investigation and judicial or other inquiries carried out in relation to this case. If no inquires have taken place or if they have been inconclusive please explain why.

4. In the event that the alleged perpetrators are identified, please provide the full details of any prosecution which have been undertake; Have penal, disciplinary or administrative sanctions been imposed on the alleged perpetrators?


We undertake to ensure that your Government’s response to each of these questions is accurately reflected in the reports we will submit to the Commission on Human Rights for its consideration.


Accept, Excellency, the assurances of our highest consideration.






Doudou Diene
Special Rapporteur on contemporary forms of racism, racial discrimination,
Xenophobia and related intolerance




Ambeyi Ligado
Special Rapporteur on the promotion and protection of the right to freedom of
Opinion and expression



Hina Jilani
Special representative of the Secretary-General on the situation
Of human rights defenders






UPDATE (India): Another human rights activist threatened for working with Dalits in Uttar Pradesh


UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
Update on Urgent Appeal
11 August 2005
[UA-138-2005: INDIA: Human rights activist facing death threats for working with Dalit and Backward Community]
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UP-95-2005: INDIA: Another human rights activist threatened for working with Dalits in Uttar Pradesh
INDIA: Human rights defenders; Threats and intimidation; Government and police inaction
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that further threats have been made to a colleague of Dr. Lenin Raghuvanshi, who we reported on only two days ago as having received death threats (See further UA-138-2005).
The AHRC has confirmed information that further to this earlier threat to Dr. Lenin and his colleague Mr. S. N. Giri, the same people have now threatened Ms. Anupam Nagvanshi, who likewise works in Belwa Village for the dalits and backward people. On 10 August 2005, Ms. Anupam was surrounded by Mr. Ranjendra Thiwari, his son Mr. Gudu Thiwari and their men, while she was talking to the villagers in Belwa. The following is Ms. Anupam’s statement of what happened:
“I work with Dr. Lenin at the PVCHR. Yesterday while I was working with the villagers in Belwa, I was surrounded by Mr. Rajendra Thiwari, his son Mr. Gudu Thiwari and their men. Then Mr. Ranjendra Thiwari asked me why I was telling the daliths and the backward people in the village that they can also cast their vote in the coming election? He further said why I should worry about the local body election in the village and why I should educate the daliths and the backward community in the village? He said that my work and that of my orgnaisation and my colleagues result in loss of free manpower in the village. They said that the daliths and the members of the backward community do not have a right to be educated and to participate in any election.
They threatened me that they would murder me if I ever dared to come to this village and that they are not happy of outsiders like me and my colleagues coming and talking to the daliths and the backward community in Belwa village. I am scared that these people will murder me even if I am not in Belwa village. Later Mr. Baba Singh, the elected Block Development Head came and met me and said that I am like a daughter to her and that I should never enter Belwa village. I said that I would complain to the police regarding all these to which he said that the police and the administration is only to serve Mr. Thiwari and himself and they would not take any action upon my complaint.”
The situation in Belwa and neighbouring villages is such that the might of the upper caste is prevailing over those working for human rights in the area. Human rights activists are fearful for their lives, particularly since the local administration has not yet extended their support in preserving law and order in the region. The immediate retaliation of the caste Hindus with the support of the local civil administration is to suppress any act that might liberate the dalits and backward community from their servitude.
Despite this incident having been brought to the attention of the state and central administration, no action has been taken by the government agencies to safeguard life and preserve law and order in Varanassi and the surrounding villages, where human rights activists are engaged in working with the lower caste community.
In light of this, we request that you write to the relevant authorities listed below seeking their intervention in this case. The state and central government must take immediate action in this case, including affording protection to Ms. Anupam, Dr. Lenin and Mr. S. N. Giri in particular, and human rights activists in general.


INDIA: Human rights activist facing death threats for working with Dalit and Backward Community


URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
9 Aug 2005
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UA-138-2005: INDIA: Human rights activist facing death threats for working with Dalit and Backward Community
INDIA: Human rights defenders;
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Dear friends,

The Asian Human Rights Commission (AHRC) wishes to bring to your immediate attention the situation faced by Dr. Lenin Raghuvanshi, a human rights activist working for the Dalits and the backward class in Varanasi, Uttar Pradesh, India. Dr Lenin and his colleagues have been subjected to death threats from the upper castes to stop working for the dalit and backward classes.
Dr Lenin has been working in Belwa village, largely to provide education to children from the dalit and backward class who have been denied this right by the upper castes. The state government has not provided schooling for this community despite their long-standing demand.
The backward classes and the dalits have also been denied the right to vote. Belwa village and its surrounding areas are known for booth capturing and election related fraud. During the February 2002 election, people from these communities were brutally assaulted when they went to vote. Belwa will hold another election on 17 August 2005. Mr Giri, Dr Lenin's associate has filed his nomination and is expected to be a strong contender due to his popularity amongst the backward community.
On August 5, Mr.Rama Sharay Singh called Dr Lenin on his mobile phone (No: 9415810955) and demanded that Mr. Giri withdraw his nomination. Around the same time, Mr.Giri also received death threats in the village where he was working. Once again, on August 7, Mr Singh called up Dr. Lenin and said that if the nomination was not withdrawn, Mr Giri and his family would be shot dead.
Dr. Lenin recorded the conversation, made copies of it and is now meeting the Senior Superintendent of Police, Mr. Brij Bushan and the District Magistrate, Mr. Gokaran to lodge his complaint. Dr. Lenin has also faxed a complaint to the Chief Minister of the state regarding the incident.
In this context, the AHRC requests you to intervene and call upon the Government of India and the State Administration of Uttar Pradesh in particular, to provide full protection to Dr. Lenin, Mr. S. N. Giri and their families. An impartial inquiry into the incident must also be conducted immediately. Please also urge the State Human Rights Commission to conduct an independent inquiry into the incident and make public its report and findings. The district administration should immediately consider the long pending request of the Dalit and backward community of Belwa to open a public school for the children. The National Commission for Scheduled Castes and Backward Community should also look into the incident, conduct an inquiry into the situation of Dalits and backward community in Uttar Pradesh and recommend effective measures to the State as well as the Central Government in order to put an end to the existing caste based oppression and discrimination. And finally, the State as well as National Election Commission should inquire into the incident and take appropriate action against those who are threatening Mr. S. N. Giri to withdraw his candidature.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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Case Details:
Since 2000, Dr. Lenin has been working with the dalits and the backward community in Belwa village, under the jurisdiction of the Phoolpur police station in Varanasi. One of the issues Dr. Lenin focuses on is education for children from the Dalit and backward community and the right to self determination for these community members. Dr. Lenin’s colleague, Mr. S. N. Giri is also involved in this work. Mr. Giri is an accepted person among the Dalits and the backward community in the village.

To provide education to the children from these communities, Dr. Lenin with the help of the benefactor families and with financial assistance from CRY, an international organisation, has started a local school where approximately 200 children receive primary education. It is alleged that the local village head Mr. Ranjedra Thiwari, who has held this position for the last 27 years, is opposed to the presence of this school. Since the post of the village head has been reserved for a woman, Mr. Thiwari’s wife is holding the post. It is also alleged that Mr. Thiwari in the past has publicly declared that the children from the Dalit and backward community do not have a right to education and that no one from this community has the right to cast their vote in any election. Mr. Thiwari comes from the upper Brahmin caste.

It is alleged that owing allegiance to the pressure from the upper caste community, the state government has not provided any school for the lower caste and backward community in this village despite their long pending demand. These children are also not permitted to attend other schools. On 26 August 2003, Dr. Lenin and his colleagues, together with the support from the local lower caste and backward community, organised a protest before the Sub Divisional Magistrate in Varanasi. Dr. Lenin was immediately arrested and detained by the authorities. The Sub Divisional Magistrate also comes from the same caste as Mr. Thiwari. Dr. Lenin was released after four hours of detention following a huge outcry from individuals and groups within the national and international community.
This village and its surrounding places are known for booth capturing and election fraud. In 2001, a people’s tribunal headed by Mr. Justice Sukumaran concluded after a public hearing that there is a clear denial of the right to vote for Dalits and the backward community. The tribunal in its report categorically stated that the police, administration and even the judiciary is biased against the Dalits and the backward community. Belwa was also in the news when there was rampant booth capturing during the 21 February 2002 election in which Mr. Ajay Rai was declared elected to the state legislative assembly. During this election, many people from the Dalit and backward community were brutally assaulted when they came to cast their vote. It is alleged that Mr. Rai is known for his involvement in numerous criminal activities.

Belwa will hold another election on 17 August 2005. Mr. Giri, Dr. Lenin’s associate has filed a nomination from Belwa and it is expected that he will be a strong contender in the election owing to his popularity amongst the poor, Dalits and the backward community. On August 5 at about 8 am, a Mr. Rama Sharay Singh called Dr. Lenin on his mobile phone (number 9415810955) and demanded that Mr. Giri withdraw his nomination. Dr. Lenin responded that to file the nomination and to stand for election is Mr. Giri’s right and that no one can object to that. Around the same time, Mr. Giri also received threats in the village where he was working and therefore immediately went to Dr. Lenin’s office in Varanasi. At about 8.35 p.m. on August 7, Mr. Singh again called Dr. Lenin on the same number and threatened that if Mr. Giri did not withdraw his nomination, Dr. Lenin and his family and Mr. Giri will be shot dead.

This is not the first time that Dr. Lenin and his colleagues have come under the line of fire of the upper castes. On 13 November 2001, Mrs. Durga, an activist associated with Dr. Lenin’s organisation and her husband Mr. Adya Prasad were attacked by Mr. Thiwari and his armed men. A month ago, on October 23, Dr. Lenin and his wife Mrs. Shruti were attacked by Mr. Thiwari’s men for organising an educational campaign. Immediately after the incident, Mr. Thiwari called Dr. Lenin and informed him that he would be murdered along with his family if he continued his work. Mr. Thiwari has also threatened that he would kill Ms. Asha Devi, a teacher in the local school for educating Dalit children.

This incident is yet another glaring example of how the upper caste dominates the lower caste and the backward community in India and exposes the poor defence that the Government of India continues to use when challenged on caste issues.
BACKGROUND INFORMATION
Varanasi and the surrounding region was, in the past, known for Lord Buddha’s work and his early activities. However, this region is now known for hardcore and often fanatic upper caste Hindu religious activities and propaganda. The region is infamous for upper caste atrocities against the lower and backward castes such as bonded labour, systematic oppression, feudal systems of punishment where the entire village is punished in the most inhuman way for alleged acts of disrespect by the members of lower caste and also for destruction of statues of Dr. B. R. Ambedkar, in Dalit and backward class villages.
For centuries, education has been denied to the children from the Dalit and the backward community. Even political leaders who have been elected in this region have publicly stated that the children from these communities must not be provided education and members from this community should not be allowed to participate in elections. It is within this environment that Dr. Lenin and his colleagues are working for the Dalits and the backward class.