Sunday, August 27, 2006

RTI and Appeal of Aruna Roy

Jantar Mantar ,

New Delhi
20th August , 2006

Dear friends,

The Government of India's decision not to table the RTI amendments Bill in this session of Parliament, is a great democratic success. We have all collectively contributed to it. There can be no doubt that the wide spectrum of overwhelming support for this issue, from many States, even those under floods, political parties , media, different individuals, groups and networks, Anna Hazare and Sandeep Pandey on an indefinite hunger strike, mobilizing support, has strengthened democratic processes and ensured accountability of an elected government to its people. The referendum has amply proved the tremendous interest and commitment of the ordinary citizen.

We are all aware that it is only a conditional commitment from the Government. The following is an extract from the PTI report on the governments commitment:

"Government has dropped the move to amend the Right to Information Act in the current session of Parliament to keep out of public purview file notings in some areas.

Minister of State for Parliamentary Affairs Suresh Pachauri said here that following a decision taken by Prime Minister Manmohan Singh, the amendment bill was not likely to be introduced in the current session Parliament concluding on August 25.He said there have been considerable apprehensions about the proposed changes and clarifications in the Right to Information Act. Congress President Sonia Gandhi and the Prime Minister have received several representations in this regard and it has been decided that the issue should be first discussed with all stakeholders, he said.

In view of this, Pachauri said, the bill to amend the RTI Act was not likely to be introduced during the current session of Parliament as decided by the Prime Minister." PTI

We would like to take this opportunity to tell you how much the Campaign to Save the RTI Act, (and its dharna at Jantar Mantar) appreciates your participation and support.

We are wrapping up the dharna, but not the Campaign! We have to work hard to keep up public pressure. We must take up the government's promise to engage with " stake holders", and ensure that this interaction takes place. Please continue:

With the referendum- the secnd round of counting will be on the 24th and results can be given at 65121727
With the signature and letter campaigns
Organising meetings and discussing the issue widely
Putting Pressure on political parties
Meet your MPs
Please do stay in touch.

In solidarity,

Aruna Roy

(On behalf of the Campaign)

Wednesday, August 16, 2006

Record Note of discussions held in the Brain Storming Session on Handloom Weavers — Assistance & Upgradation

PLANNING COMMISSION
VILLAGE & SMALL ENTERPRISES DIVISION
Sub: Record Note of discussions held in the Brain Storming Session on Handloom Weavers — Assistance & Upgradation:
held under the chairpersonship of Dr. Syeda Hameed, Member, Planning Commission, on May, 2006, in Yojana Bhawan, New Delhi.
List of participants is annexed.
A brain storming session on handloom weavers — Assistance & Upgradation was held under the chairpersonship of Dr. S’yeda Hameed, Member, Planning Commission, to consider issues like:
• Hank yarn
• Enforcement of Handloom Reservation Order
• Credit data base/MIS on handloom sector
• Availability of credit
• Technology support
• Marketing support, and
• Other miscellaneous issues
Member (SH) welcomed all the participants to the meeting and thanked Shri B.N. Yugandhar, Member, Planning Commission, for sparing his valuable time for handloom weavers. She stressed upon the need to draw a clear picture from the brain storming session to provide major inputs to handloom weavers for assistance and upgradation. The Prime Minister had desired that a new direction need to be provided to the handloom sector so as to enable it to regain its past glory and improve the living conditions of weavers, most of whom were below the poverty line.
She further stated that her recent visits to Varanasi, Behrampur, Bhadhohi, etc, had given her an understanding of the ground level realities and the problems faced by the weavers. Most of the weavers were found to be living in very difficult conditions. The schemes/programmes under
implementation by various State Governments and Central Government were not showing the desired results and most of the weavers were unaware of these schemes.
All the participants were encouraged to enter into free and frank discussions and were free to come out with their feelings and suggestions. It was necessary to find out why funds were not reaching the targeted beneficiaries and why the desired outcome was not being achieved. She requested Member (BNY) to give his valuable suggestions for ameliorating the poor conditions of weavers.
Member (BNY) stated that he was happy to be present and thanked Member (SH) for giving him an opportunity to express his views for the betterment of weavers. About 40 years back the office of Development Commissioner of Handlooms was created at his instance when Shri P.N. Haksar was the Deputy Chairman, Planning Commission. That time also non-availability of credit facilities, inadequate inputs for marketing, use of old looms and technology, inadequate availability of hank yarn, etc, were the problems faced by handloom weavers. These were perennial problems of the handloom sector, which persisted even today. While similar problems for other sectors of our economy were provided with some sort of solutions, the problems of handloom sector had remained unsolved so far. He requested the participants to discuss threadbare all major problems affecting them and also to indicate probable solutions needed as per their perception.
Member (BNY) further suggested that as indicated in the background note circulated by the office of DC(Handlooms), it appeared that hank yarn was available to handloom weaver in sufficient quantity. However, ground reality dk’ not match with this scenario and even today small pockets of handloom weavers were unable to get hank yarn in desired counts, quality and quantity. The suggestion of Deputy Chairman, Planning Commission, for subsidization of hank yarn could also be considered in this meeting to evolve suitable solution for the hank yarn problem.
Member (BNY) further mentioned that the Prime Minister had also stressed the need to find out solutions about the hank yarn problem. The credit requirement of the handloom sector was not more than Rs.10,000 to 15,000 crore, which could be met by providing credit cards to weavers. The credit requirement of handloom sector could be included under the District Credit Plan in the beginning and NABARD might be able to provide refinancing facilities. Modernisation of looms and equipment was necessary and could be done on priority basis. New designs could be introduced to enhance marketability of handloom products. To improve marketing also, there was need to provide further impetus and new inputs so as to enable handloom weavers to sell their products in domestic as well export markets. The state governments should take up the problem of enforcement of Handloom Reservation Act vigorously and it needed to be ensured that powerlooms did not encroach upon the handloom sector.
Member (BNY) further stated that if necessary fresh programmes/Plan schemes could be introduced in the Eleventh Plan so that the handloom weavers’ profession could be considered dignified and the present tendency of abandoning this age-old tradition due to economic hardship could be reduced. He desired that each weaver should be able to earn at least Rs.2,000-3,000 per month to come above the poverty line.
Member (SH) stated that deep concern of the Prime Minister about the handloom sector had given an opportunity to provide radical solutions for the handloom sector. The weavers from Varanasi could also discuss their problems particularly narrated during her visit so that probable solutions could be worked out. It could also be discussed whether more funds could be provided to handloom sector for their upliftment. It was also observed that the present schemes were not able to delivery the required benefits at the doors of the weavers. All participants could discuss the agenda items and also indicate probable solutions.
Adviser (I&VSE) welcomed all the participants and requested them to give their view on the agenda issues as well as their personal views and experiences and probable solutions so that the handloom sector could be
strengthened and living conditions of the weavers in particular could be improved significantly.
During the discussions, the following major issues emerged:
1. For smooth and effective implementation of developmental and promotional schemes/programmes for the upliftment of handloom weavers identity cards with photo were considered as being essential. These cards could indicate the condition of the weaver, number of looms, type of weaver products, quantity of hank yarn required in terms of quality and counts, his credit requirements, ration entitlement, health facilities, admission in vocational training institutions/ ITIs, etc. Further, the same card could be used for multiple purposes.
2. Weavers falling below the poverty line could be provided RED/Antyodaya cards so as to enable them to have their entitlement of ration at subsidized rates also through the same card.
3. The need for providing new designs, quality dyes, and measures for protection of weavers’ designs through IPRs, copyrights, patenting, etc, was emphasized.
4. The need for reducing import of Chinese silk was stressed. Such imports were reducing the marketability of handloom products in competition with powerlooms. Chinese silk was more suitable for powerlooms, thus enabling powerlooms to produce handloom items and designs at cheaper rates.
5. Non-availability of credit from financial institutions was identified as a problem facing the handloom sector. This created the dependence of handloom weavers on middlemen and master weavers. Such financial dependence in turn created the opportunity for exploitation of the actual weaver by the middlemen and master weavers. The need for credit facilities for handloom sector could be met by providing them credit from banks/FIs on terms similar to those given to agriculture sector. NABARD
could be provided the corpus by GOl to enable it to refinance the credit/loans from commercial banks provided to weavers. The difference between the normal rate of interest and the rate charged to the weavers could be subsidized by the GOl. The annual subsidy burden of such a scheme was estimated to not exceed Rs.250-300 crore annually.
6. The cooperatives inthe handloom sector were presently performing well but historical debts/loans were dragging them down. The cooperatives could be relieved from their historical debt burden by waiver/write off of old debts/loans. If required a revolving fund could be created for this purpose to provide relief to cooperatives on a case-to-case basis.
7. For better and effective implementation of developmental programmes/ schemes, groups of grassroot workers involving weavers, experts, activists, state/Central government, etc, could be mobilised. Convergence should be made effective by involving all departments related to weavers’ development. To enable the implementing agencies to get adequate flow of Plan funds it was suggested that the present system of canalising Plan funds through state government/district treasuries could be discontinued and the implementing agencies should get Plan funds directly from Central Govt.
8. The schemes could be run in weavers’ clusters/colonies on a need based assessment. Evaluation of such schemes to be carried by independent organizations.
9. As far as possible the schemes could be made simple to follow, which even an illiterate weaver could understand. The schemes should not be only under cooperatives but weavers working with master weavers could also be covered to ensure that the 85 per cent of weavers outside the cooperatives also benefit.
10. For effective implementation of developmental programmes/schemes, the Implementing Agency should also ensure that benefits reached only the handloom weavers and not powerloom workers.
11.The need of establishing market places/sales outlets for handloom weavers at district level was emphasized and state governments could set up such district level markets exclusively for weavers, enabling them to sell their products without involving middlemen/master weavers.
12.A mechanism could be created for the handloom sector to enable the handloom weavers to supply their products for domestic as well as export markets through a marketing organization. Handloom weavers could participate in the functioning of this organization by becoming shareholders and could enjoy the benefits of wider marketing and increased earnings.
13. The need for creating national level raw material bank and national hank yarn price information bureau was stressed upon by various participants so as to enable weavers to get the required quality and counts of hank yarn at reasonable prices even within the smaller concentrations of weavers. The National Handloom Development Corporation could be strengthened and more number of yarn depots could be established so that availability of hank yam improved in smaller pockets of weavers.
14. It was also suggested that a data base with respect to demand for hank yarn in terms of counts and quality for handloom clusters could be set up to enable NHDC to supply the required quantity and quality of hank yarn to handloom weavers within the smaller concentrations.
15.The price fluctuations of silk yarn was more disturbing to weavers and the need for a raw material bank was echoed by most of the participating weavers.
16.To ensure reasonable wages to weavers of handloom products, it was felt that a Wage Board like organization could be established for handloom sector. To ensure reasonable wages for weavers from master weavers was a difficult task as it involved market-oriented aspects and hence this issue would need further deliberations.
23. For modernisation and technological development it was suggested that weavers could be consulted before taking up such scheme on a large scale. Experts in the field could also be involved while formulating schemes for handloom sector.
24. It was suggested that financial aid and marketing support to master weavers could be given based on the number of weavers with I-cards that they employ.
25. It was suggested that the marketing events organized by office of Development Commissioner (Handlooms) should encourage sales of only 100% Handloom fabrics and no products from powerlooms should be exhibited.
26.The handloom sector has got distinctive disadvantages of unorganised nature and weak financial base. To enable the handloom sectOr to grow in tandem with the economy it was felt necessary that all weavers should be organised in such a manner so that they become a vibrant and economically viable segment.
27. It was proposed that to help old aged/handicapped/disabled weavers, an old-age pension along with adequate welfare measures could be provided to enable them to live peacefully at the fag end of their life.
Prof. Abhijit Sen, Member, Planning Commission joined the discussions at this stage and stated that the handloom sector was depicting long, glorious tradition of Indian culture and heritage. This sector would need support from the government so that it could grow in line with other sectors of the economy. The handloom sector would also need specific inputs in terms of new designs, assured quality raw material at reasonable prices, adequate technological inputs like improved looms, weaving methods, modern dyeing techniques and marketing support, etc. Referring to the suggestion of carrying out pilot projects in the handloom sector, he stated that it was necessary to take up massive promotional programme for the whole country in place of
17. It was felt unanimously by all participants that there was an acute need for establishing ‘label’ or ‘mark’ to distinguish handloom products from powerloom products. It was also deliberated that labeling should Indicate the quality of yarn used, blending of various fibres, qualities of fabrics, types of finishing, types of dyes, colour fastness, etc.
18.To enable e-marketing of handloom products it was necessary to make available information about handloom products of the manufacturing organization on websites with proper facilities of e-marketing. This aspect would be most important in terms of achieving higher export targets and spreading the reach and demand of handloom products overseas.
19. A directory indicating specialities of weavers, their capacities, number of looms, etc, need to be prepared.
20.Special schemes for women weavers would go a long way in encouraging higher and better contribution from women weavers/entrepreneurs and female members of weaver families.
21. It was proposed that Weavers’ Service Centres (WSCs) could be entrusted with the task of enforcing the Handloom Reservation Act. The present enforcement agencies are not having sufficient manpower for proper enforcement of the Act. Technical training should be provided extensively to all enforcement officials to enable them to distinguish between powerloom and handloom products.
22.To ensure reliable data collection system for building up of a strong data base for handloom sector it was suggested that the final year/second year students of the 6 IIHTs could be deployed for collecting the relevant data from handloom sector. A census of looms and handloom weaver could be conducted at village level through local panchayats and administrative bodies. This would be particularly relevant for carpet weavers in handloom sector.
concentrating upon a few pockets. The handloom sector has all the potential to grow as the weavers had the background of ethnic traditions, weaving techniques, designs, etc.
Adviser (I&VSE) stated that all the participants, especially weavers and activists from Varanasi had provided excellent practical suggestions. It was suggested that in consultation with the office of DC(Handlooms), these would be evaluated and specific programmes/scheme could be formulated for the Eleventh Plan, ensuring faster growth and development of handloom sector. He mentioned that the weavers below the poverty line would need to be provided with immediate measures like RED/Antyodaya cards, multipurpose I.Cards and facilities with respect to health insurance and education for their children. There was an .urgent need to provide schools for chldren of hand loom weavers in remote areas and public-private partnership could be encouraged.
Concluding the discussions, Member (SH) thanked the participants for providing valuable inputs and she assured them that in consultation with the office of DC(Handlooms) specific measures would be taken up. She was concerned about inadequate health facilities in weavers’ concentrations around Varanasi, Bhadohi, Behrampur, etc. In the next brainstorming session more attention could be focused on these aspects to elicit view for focusing on precise proposals that could be taken up in those areas by the office of DC(Handlooms), state governments, NGO and other organisations involved in the handloom sector.
The meeting ended with a vote of thanks to the chair

_____________________________________________________________
Planning Commission
(Village &Small Enterprises Division)
Sub:Brain Storming Session of Handloom Weavers on 16.05.2006 under the Chairpersonship of Dr. Syeda Hameed, Member, Planning Commission at Yojana Bhavan, New Delhi
LIST OF PARTICIPANTS
1) Dr. (Mrs.), Syeda Hameed, Member, Planning Commission .. .in Chair
2) Shri B.N. Yugaridhar, Member, Planning Commission
3) Prof. Abhijit Sen, Member, Planning Commission
4) Ms. Gunjan Veda, Consultant to Member (SH), Planning Commission
5) Shri R.C. Jharntani, Adviser (1&VSE), Planning Commission
6) Shri S.G. Raoot, Jt. Adviser, Planning Commission
7) Shri Shashi Kant, Deputy Adviser, Planning Commission.
8) Dr. D.S. Gangwar, AddI. Development Commissioner (Handlooms), Ministry of Textiles, Udyog Bhavan, New Delhi 110011
9) Shri Satyam Sharda, it. Development Commissioner (Handlooms), Ministry of Textiles, Udyog Bhavan, New Delhi 110011
10) Shri Manoj Jam, DDC(HL). O/o Dev. Comm. (Handlooms), Mb Textiles, Udyog Bhavan, N .Delhi
II) Shri J.N. Singh, Textile Commissioner, O/o Textile Commissioner, New CGO Bldg., 48, New Marine Lines, Mumbal 20
12) Shri N.M. Mugadur, Jt. Textile Commissioner, O/o Textile Commissioner, New CGO Bldg..48, New Marine Lines, Mumbai 20
13) Shri V.K. Goyal, Managing Director, NHDC Ltd., Vikas Deep, Station Road, Lucknow
14) Shri Banarsi Bahadur Bharti, Dy. Director, O/o the Regional Textile Commissioner NOIDA, UP
1 5) Shri S.P. Singh, Dy. Director, Weaver’s Service Centre, Chowkaghat, Varanasi 22 1002
16) Ms. Harmeet Sarin, Programme Officer, ILO, IHC, Lodi Road, New Delhi
17) Shri Adarsh Kumar, AIACA, D-602, Chittranjan Park, New Delhi
18) Shri D. Jayaramiah, Director (Retd.), G-6, Plot No.21, CSR Apartments, Huda Complex. Saroon Nagar, Hyderabad 35
19) Shri G. Govarthana, H.No.17-32, C/O Murli Saree Emporium, Srinagar Colony. Dilsad Nagar, Hyderabad
20) Dr. (Ms.) Rolee Singh, Convener, PAHARUA, C 14/160, B-2, Shambhunath Singh Marg, Sonia, Varanasi, UP
21) Dr. Lenin, Converner, PVCHR, SA4/2A, Daulatpur, Varanasi, UP
22) Shri Tanveer Ahmed Siddique, i-i 9/66 Ban Bazar, P.S. Jaitpura, Varanasi
23) Shri Nizzamudin, Bunkar Colony, PVCR, i-I 1/89 Nati Emil, P.S. Jaitpura, Varanasi, UP
24) Shri Mustaq All, Village Deendayalpur, Dubkian, PS changepur, Varanasi, UP
25) Shri Siddique Hasan, Convenor, Bunkar Dsastakar Manch, SA4/2A, Daulatpur, Varanasi
26) Shri Kranti Bhushan, PAHARUA Jan Sangathan, Hinchanpur, Chaksundar Pur, Gyan Pur, Badohi, UP 221308
27) Shri Mayank Misra, Regional Manager, ICICI, LOMBARD, GIC Ltd., Birla Tower, 25, Barakhamba Road, New Delhi 110001
28) Shri Puneet Anand, ICICI , LOMBARD, GIC Ltd., Birla Tower, 25, Barakhamba Road, New Delhi 110001.

Tuesday, August 15, 2006

[AHRC Open Letter] INDIA: Inquiring officer of Uttar Pradesh Human Rights Commission must inquire impartially into cases rather than trying to broker

[AHRC Open Letter] INDIA: Inquiring officer of Uttar Pradesh Human Rights Commission must inquire impartially into cases rather than trying to broker for respondents
FOR IMMEDIATE RELEASE
August 15, 2006
AHRC-OL-048-2006

An Open Letter to the Uttar Pradesh State Human Rights Commission from the Asian Human Rights Commission (Hong Kong) & People's Vigilance Committee for Human Rights (India)
Justice A P Mishra
Chairperson
Uttar Pradesh State Human Rights Commission
6-A Kalidass Marg
Lucknow Uttar Pradesh
INDIA

Fax: + 91 532-2726743
Email: uphrc@sancharnet.in


Dear Justice Mishra

INDIA: Inquiring officer of Uttar Pradesh Human Rights Commission must inquire impartially into cases rather than trying to broker for respondents

The Asian Human Rights Commission (AHRC) and People’s Vigilance Committee for Human Rights (PVCHR) appreciate the concern of the Uttar Pradesh State Human Rights Commission about the hunger deaths, acute starvation and fabrication of cases against human rights defenders reported from Varanasi, Uttar Pradesh. The two organisations also appreciate the deputing of Additional Superintendent of Police Vijay Kumar Dixit to investigate these cases, but regret to inform you that he is not conducting his duties as required.

On 14 August 2006 the inquiry officer met a group of human rights defenders at the office of the Senior Superintendent of Police in Varanasi. Those present were Santhosh Patel, a human rights defender working in Belwa village; Lenin Raghuvanshi, convenor of the PVCHR; and S N Giri, a social activist. Among the respondents, Rajendar Thiwari, head of Belwa, and Mohan Ram, the Tahasildar from Pindara Tahasil, were also present at the meeting. However, the participants were shocked when instead of investigating the allegations the officer instead tried to have the complainants reconcile with the respondents unconditionally.

There is no question of reconciliation here. The AHRC and PVCHR have through their work reached specific conclusions about why people in the Mushahar and Nut communities are starving to death.

As the Additional Superintendent of Police appears to be confused about his role, we request that you give him further instructions. You may offer him the following questionnaire as a guide for his work, so that he will not waste any more time attempting pointless negotiations:

1. What action has the District Magistrate (DM) of Varanasi taken on the starvation death of Seema Musahar (aged nine months) in Belwa, which was brought to his notice on 29 July 2006? [AHRC HA-07-2006]

2. Did the DM take any action on the letter dated 11 July 2006 written by Laxmina Musahar asking for help to save her child? If the DM did not take any action, what prevented him from doing so?

3. What action did the DM take on the starvation death of Phoolchand Musahar from Belwa, which was reported to his office on 18 June 2006?

4. What action did the DM take after being informed about the death of Muneeb Musahar of Belwa on 29 May 2006?

5. The DM has categorically stated that all these deaths were from various ailments. What is the basis of this statement and which medical record can the DM produce to support it?

6. Since the reported deaths of Mrs. Jigna and Ms. Soni on 16 and 21 April 2005, what action did the DM take to prevent similar deaths in Sankarpur village?

7. Since the reported death of Mr. Kanhaiya from starvation-related illness on 18 September 2005 also in Sankarpur what action has the DM taken to give relief to his family? [AHRC HU-08-2005]

8. Why are starvation deaths and hunger in Varanasi most often reported from among the lower-caste community?

9. Do government public distribution shops function in all places in Varanasi?

10. How many persons living in Belwa, Oura, Sankarpur and Bagvanalla have been listed to receive free or subsided rations and join food for work programmes?

11. At what point have Musahars and other lower-caste residents of Belwa started to receive free or subsidised rations?

12. Why did the DM order the detention of Santhosh Patel when he tried to lodge a complaint with him on 10 May 2006 in connection with a case pending before the National Human Rights Commission? (Case No. 41875/24/2005-2006) [AHRC UA-156-2006]

13. Has there been a complaint against Mohan Ram alleging forceful collection of thumb impressions on empty papers from villagers in the Musahar part of Belwa in order to forge documents for the National Human Rights Commission? If so, what action has the DM taken against whoever in his staff made this groundless complaint?

14. How many persons from lower castes have their names included in the voters list in Varanasi, specifically from Belwa, Oura, Sankarpur and Bagvanalla? If the number of names is far less than the populations of lower-caste persons in these villages, why are there so many names missing?

15. Have any complaints been lodged with the DM against the Public Distribution Shop licensees (Kotedars) who are licensed to sell rationed articles in Varanasi? If so, what action has been taken on these complaints?

16. Are there any proper records of stock and sale kept at the local cooperative store in Belwa run by Ramesh Singh? Has the DM received any complaints regarding this shop? If so what action has been taken to inquire into these complaints?

17. What has the Varanasi district administration--and the DM in particular--done to prevent any further needless starvation deaths?

Answers to these and like questions would help the Uttar Pradesh State Human Rights Commission to reach a better understanding of conditions in the affected villages, and the need for appropriate action. The AHRC and PVCHR suggest that the Additional Superintendent of Police refrain from further compromising his integrity and impartiality and instead stick to this line of inquiry, looking into the details and surrounding circumstances of each case as he has been instructed. If he proves unable to do the same, it would lead us to suggest that he should be withdrawn from his duties and a more appropriate person be appointed.

We remain only too happy to provide any further assistance in this regard.

Yours sincerely

Bijo Francis

South Asia Desk Officer
Asian Human Rights Commission, Hong Kong

Lenin Raghuvanshi

Convenor
People's Vigilance Committee for Human Rights
Varanasi, Uttar Pradesh, India

Sunday, August 06, 2006

An Open Letter to the District Magistrate of Varanasi, India by the Asian Human Rights Commission

[AHRC Open Letter] INDIA: Will local officials act on child deaths?
FOR IMMEDIATE RELEASE
July 28, 2006
AHRC-OL-036-2006

An Open Letter to the District Magistrate of Varanasi, India by the Asian Human Rights Commission

Mr. Rajiv Agarwal
District Magistrate
Varanasi, Uttar Pradesh
INDIA

Fax: 91 5422501450

Dear Mr. Agarwal

INDIA: Will local officials act on child deaths?

Today, July 28, 2006 a nine-month-old child, a baby resident of Belwa village in your district of Varanasi died due to malnutrition. Her case is known to you. Her name was Seema Musahar. Her parents, Laxmi and Chotelal had sought your help. The best you could do was get her admitted to the Varanasi District Hospital. That was not much good. Her mother wrote to you again on July 11, requesting 1000 rupees from your emergency assistance fund. She has not received any reply yet. Now the child is dead. The parents may soon end up this way too, as they have no land, no income, and no food.

They are not alone. We know that there are at least 30 other families in Belwa in similar conditions, and at least two other children have died of hunger in the same village during recent months, not to mention other persons in the village and those in other parts of your district.

Is it what you want? Although you have received many reports about these conditions, and are known to have visited Belwa in person, the deaths are continuing and there does not seem to be any sustained response to the situation. On the contrary, people from the affected communities and other sympathetic observers state that your attitude towards the Musahar community is one of disdain and contempt. The people have formed the impression that you do not care what happens to them. Human rights defenders have gathered that you are out to get them.

Please be informed that the Asian Human Rights Commission is reporting your actions worldwide, to the interest and concern of United Nations officials, the media and to other rights groups and professionals. Please be aware that we strongly condemn your continuing disregard for starving children and their families who are living in destitute conditions. We are calling for immediate action to stop further deaths and address those that have already occurred within your jurisdiction, including that of Seema Musahar.

Any death by starvation is a tragedy. A child's starvation death is a double tragedy. It is also a family tragedy, and an indication that many others are close to death. Where the concerned authorities have no interest in such deaths and do nothing to stop them, the tragedy is compounded many times over: it is nothing short of a disaster resulting from criminal negligence.

Whether or not you have anything to share by way of law, justice and humanism is what we are now asking. Whether or not you have any morality, human decency or capacity to recognise your obligations is what you must now prove. We are waiting for your response, as are the people of Belwa and your district.

Yours sincerely

Basil Fernando
Executive Director
Asian Human Rights Commission, Hong Kong




Posted on 2006-07-28
Back to [AHRC Statements 2006]

HUNGER ALERT (India): Children dying of starvation due to uninterested government officials

HUNGER ALERT (India): Children dying of starvation due to uninterested government officials
HUNGER ALERT HUNGER ALERT HUNGER ALERT HUNGER ALERT HUNGER ALERT

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Hunger Alert

28 July 2006
------------------------------------------------------
HA-07-2006: INDIA: Children dying of starvation due to uninterested government officials

INDIA: Starvation; hunger; malnutrition; government neglect; caste discrimination; feudalism; bonded labour; non-functioning welfare schemes
-------------------------------------------------------

Dear Friends,

Staff of the Asian Human Rights Commission (AHRC) together with staff of the People's Vigilance Committee for Human Rights (PVCHR) in Uttar Pradesh, India have received news that a child died of starvation this morning, 28 July 2006 due to wanton government inaction and neglect because of caste discrimination. Nine-month-old Seema Musahar died of starvation in Belwa village, Varanasi despite repeated desperate attempts of her family to get help from local officials. She is reportedly the third child to die of starvation in her village in the last couple of months. This is even though the poverty and hunger of the local community has been widely reported and is known to the officials. The starving people have allegedly received no help because they belong to an "untouchable" community. More children are sure to die in this village unless there is prompt action by state officials for the victims and against the local officials who appear to have deliberately failed to due their duties.


STARVATION DEATH OF SEEMA MUSAHAR ON 28 JULY 2006

Nine-month-old Seema Musahar died this morning, July 28 in Belwa village, Varanasi, Uttar Pradesh after desperate attempts of her mother, 35-year-old Laxmi Musahar to get help for her infant at the local health centre and other places. As the AHRC mentioned in a statement issued yesterday July 27 (AS-180-2006), Laxmi had to pawn her two saris to a neighbour to get some money with which to take her child to get treatment, but still this was not enough to save her.

Laxmi and her husband 40-year-old Chotelal have been out of work due to the struggle that they had joined against the persistent use of bonded labour in Varanasi. They had been working as labourers at a brick kiln for which they had received only pitiful amounts of low-quality grain and chaff as payment. The AHRC has written about this modern form of slavery going on in Varanasi in a previous appeal: UA-074-2006. After they had left the work, Seema's parents could get virtually no food, and Laxmi was not able to produce milk for her child.

On June 18, Laxmi's father, Phoolchand, had already also died of starvation. After that, the family met with the District Magistrate of Varanasi, Rajiv Agarwal, who is the responsible local officer, together with two other local officials, the Block Development Officer and Sub Divisional Magistrate. The parents explained that they had no access to any government welfare schemes. But the district magistrate just gave a note to admit them to the district hospital in Varanasi. Seema was admitted to hospital on June 26 but discharged on July 1 without getting adequate treatment.

On July 11 Laxmi wrote to the District Magistrate requesting 1000 rupees (USD 20) from emergency funds to help her family but received no reply. So it was that when little Seema was on the verge of death her mother again took her to the primary health centre some 9km from the village in the ultimately vain hope that she could be kept alive.


MORE IN BELWA COULD DIE SOON; CAUSE IS CASTE DISCRIMINATION

The PVCHR earlier documented the death of Muneeb Musahar, a 3-year-old boy of the same village as Seema, on May 29. Like Seema, he was taken for medical attention just before his death and found to be in a critical condition. On May 26 the primary health centre at Baragaon recorded that he weighed only 10kg and was suffering severe malnutrition. Yet, although in his case his family had been issued with a "red card" that would entitle them to government rations, Muneeb died. At least one other child there has died in similar conditions in the last two months.

According to what staff members of the AHRC and PVCHR have seen on the ground in Belwa, at least 30 families are starving. Many have said that they cook food only once every four or five days. There is no access to any public distribution schemes or government assistance programmes in the village.

All of this is going on despite the fact that the conditions in Belwa are well-known to the authorities and general public. The local news media have reported on the starvation deaths and severe malnutrition, as have groups including the AHRC and PVCHR, and have lodged complaints with the National Human Rights Commission, which has issued notices to the authorities. After such actions, not only have the local officers not taken steps as required but instead they have increased attacks on the local population which appear intended to drive the people back into total submission. These include the alleged extrajudicial killing of Santosh Kumar Singh by the police in March 2006 (UA-081-2006), as well as other incidents of harassment and arrest of local persons, including those working with the PVCHR (UA-156-2006; UP-122-2006; UA-068-2006; UP-166-2005), on the orders of the district magistrate. However, the local people have refused to be cowed and are continuing to fight against the attempts to silence them, most recently holding a public meeting on July 1 to demand justice for Muneeb's family and action to stop further deaths.

The reason for the deliberate inaction and hostility of the authorities is because the village head, district magistrate and others are reported to be caste-minded feudalists and landlords who have no interest in the conditions of the Musahars, an "outcaste" community. The AHRC has written about atrocities against Musahars and other so-called "untouchable" groups in earlier appeals, including: UA-032-2006; UA-019-2006. The District Magistrate Rajiv Agarwal is known to hold Musahars in contempt and is alleged to have publicly abused them. When on a previous occasion he came to the village under pressure due to appeals, he visited only to the house of the village headman, who shares his attitudes, and went away. He deliberately avoided having contact with any of the local people who are suffering. Some have accused him of deliberately starving them out of existence.

Belwa is also not the only village in Varanasi where people are starving to death. See for instance: HU-08-2005. Please also read about the People's Tribunal on Starvation in Uttar Pradesh in the December 2005 edition of article 2 (vol. 4, no. 6; www.article2.org).


SUGGESTED ACTION:

Please write to the chief minister of Uttar Pradesh to express outrage at these deaths and demand that there be redress for the families and urgent action to stop further deaths. Please also call for an immediate inquiry into the alleged negligence and caste discrimination of all the local authorities involved in these incidents with a view to having them removed from their offices and where necessary criminal proceedings started against them.


Sample letter:

Dear ________,

INDIA: Starvation deaths in Varanasi due to caste hatred of District Magistrate

Name of latest victim: Seema Musahar, 9-months-old, daughter of Laxmi Musahar (35) and Chotelal Musahar (40)
Names of the alleged negligent officials:
1. Rajiv Agarwal, District Magistrate, Varanasi
2. Abhimanyu Singh, Block Development Officer, Badagaon
3. Sameer Verma, Sub Divisional Magistrate, Pindra
4. Village head, Belwa
5. District Medical Officer, Varanasi
Place of incident: Belwa Village, Badagaon Block, Varanasi District, Uttar Pradesh
Date of incident: 28 July 2006

I am writing to you to express my outrage at the death of another child in Varanasi district of Uttar Pradesh as a result of deliberate inaction of caste-obsessed local government officials.

According to the information I have received, Seema Musahar died on the morning of July 28 in her village after desperate attempts by her mother to get help at a primary health centre some 9km distant. Seema died because her parents have been out of work due to the struggle against bonded labour in Varanasi, a form of modern-day slavery that I find incredible is still being practiced in Uttar Pradesh. Seema's parents had been working as labourers at a brick kiln for which they had received only pitiful amounts of low-quality grain and chaff as payment. After they had left the work, they could get virtually no food and Laxmi was not able to produce milk for her child.

I am shocked to learn that in addition to this on June 18, Laxmi's father, Phoolchand, had already also died of starvation. After that, the family met with the District Magistrate, Block Development Officer and Sub Divisional Magistrate, who are named above. Although the officials learnt that the starving family had no access to any government welfare schemes, the District Magistrate just gave a note to admit them to the district hospital in Varanasi. Seema was admitted to hospital on June 26 but discharged on July 1 without getting adequate treatment. On July 11 Laxmi wrote to the District Magistrate requesting 1000 rupees (USD 20) from emergency funds to help her family but received no reply, after which Seema died.

I am aware that this is by no means the only recent starvation death in Belwa and that many other people are at risk. Muneeb Musahar, a 3-year-old boy, also died of starvation on May 29. Like Seema, he was taken for medical attention just before his death and found to be in a critical condition. On May 26 the primary health centre at Baragaon recorded that he weighed only 10kg and was suffering severe malnutrition. Yet, although in his case his family had been issued with a red ration card, Muneeb died. At least one other child has died in similar conditions in the last two months in the village, where over 30 families are reported to be starving, and cooking food only once every four or five days.

All this is going on without there being any public distribution schemes or government assistance programmes in Belwa, and despite the fact that the conditions there are well-known to the authorities and general public. The local news media have reported on the starvation deaths and severe malnutrition, and the National Human Rights Commission has taken cognisance of complaints and issued notices to the concerned authorities. However, instead of taking steps as required, the local authorities have reportedly persecuted the people more and the District Magistrate has repeatedly ordered the arrest of human rights defenders working in the area.

I am informed that the reason for the deliberate inaction and hostility of the authorities is because the Belwa village head, District Magistrate and others are reported to be caste-minded feudalists and landlords who have no interest in the conditions of the Musahars. The District Magistrate is known to hold Musahars in contempt and is alleged to have publicly abused them. I am informed that when on a previous occasion he came to the village under pressure due to public appeals about starvation there, he visited only to the house of the village headman and went away. Some of the Belwa villagers have accused him of intending to starve them out of existence, and from the evidence available to me I share this concern.

At a time that India is pretending to become a world power, people in Uttar Pradesh are living under barbaric subhuman conditions. I demand that you act immediately to bring an end to their suffering, as follows:

1. Ensure emergency grants and subsequent full redress to the families of persons who have starved to death in Belwa, including the families of Seema and Muneeb Musahar. A special local committee of credible persons should be established for the purpose of ensuring that this is done.

2. Initiate full and fair legal and criminal investigations into the deaths, through an independent investigative team from outside of the district, with a view to laying charges against any persons found responsible for a failure of duty to prevent the deaths.

3. Suspend at once the District Magistrate, Block Development Officer, Sub Divisional Officer, Village Head and District Medical Officer identified above, subject to the completion of the necessary inquiries.

4. Launch all necessary government welfare schemes in Belwa and open a food distribution centre and primary health centre there without delay.

5. Allocate agricultural land to landless families in Belwa, with priority given to the families of victims of starvation deaths, and other necessary measures to see that the local people are gainfully employed and able to support themselves.

I trust that you will take immediate action with regards to the above as this is a matter of the utmost seriousness and one that places the reputation of the whole of India at jeopardy.

Yours sincerely,

------------------------
PLEASE SEND LETTERS TO:

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


PLEASE SEND COPIES TO:

1. Mr. Rajiv Agarwal
District Magistrate
Varanasi, Uttar Pradesh
INDIA
Fax: 91 5422501450

2. 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

3. 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: chairnhrc@nic.in

4. 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

5. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
c/o Mr. Carlos Villan Duran
Room 4-066, OHCHR, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010

6. Mr. Doudou Diene
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
C/o OHCHR-UNOG
1211 Geneva 10,
SWITZERLAND
Tel: + 41 22 917 93 88
Fax: + 41 22 917 9006


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)


Posted on 2006-07-28
Back to [2006 Urgent Appeals]

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