India: Please take immediate action to the save the life 5 families of dalits bonded labour in Varanasi.
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ISSUES: Bonded labour; corruption; impunity; threat to Dalit, right to live with dignity
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3rd May, 2010
Dear friends,
Peoples' Vigilance Committee on Human Rights (PVCHR) came to know through its activist regarding the case of five migrant bonded labour families from Dalit community in village Mauza Sarai under jurisdiction Phulpur, tehsil Pindra of Varanasi district, Uttar Pradesh India. The Musahar are tortured and continuously getting threat from brick kiln owner. Now the musahars are hiding themselves in Mani Tal and surrounded by the influenced people of brick kiln owner.
Case detail:
The five mushars families of Mauza Sarai under jurisdiction Phulpur, tehsil Pindra of Varanasi district were working as labour in the brick kiln factory of Mr. Bablu Singh Mauza Umndi under jurisdiction Shivpur, Tehsil – Sadar district Varanasi since Hindu festival Dasahra, 2009 till now i.e. 7 months.
1). Ram Dayal Mushars s/o Lochan Mushar & Sunita
2). Bhola Mushar s/o late Lochan Mushar & Vaguara
3). Dinesh Mushar s/o Rajendra Mushar & Rita Mushar
4). Sudhir Mushar s/o Indrajeet Mushar and Seema Mushar
5). Manish Mushar s/o Rajendra Mushar and Himanshu Mushar
All five Mushars couples were engaged from mixing of mud till shaping of the brick. The Mushars were remunerated 300 INR for making the 1000 bricks. In seven month they make 9, 40,800 bricks and reimbursed with the advance of 5000 Rupees to each couple and 56000 Rupees for the foodstuff with the cost of 500 rupees for week. Still wages of 2, 67,880 Rupees is remaining
When the mushars started withdrawing remaining wages than brick kiln owner started torturing them. He only allows one person from each family to purchase the necessary things and return back to factory with in 10 – 15 minutes from market. While being late they were abused and soon after that brick kiln owner started to close the door from the outside. The Mushars hide themselves in Manital and they are frighten when they see any vehicle coming towards them.
PVCHR immediately intervened and gave telephonic information to the District Magistrate, Varanasi and also sent petitions to SDM Pindra & Sadar, District Magistrate, Varanasi and National Human Rights Commission, New Delhi. Hence till today no action taken by the appropriate authority.
Other relevant Facts:
This problem is not only faced by the five Mushars family but also 26 Mushars of village were working on the brick kiln factory of Mr. Raja Babu in Village Kashipura, block – Araziline in Varanasi district. On 11th March, 2010 they gave their official declaration but SDM (Sub – divisional Magistrate) Sadar & labour officer did not take any action against the brick kiln owner. On 18th March letters sent to various authorities, but still the bonded labour are not reimbursed with the remaining wages and not receive rehabilitation certificates. The same problem faced by eight mushers of Lakhirampur, under jurisdiction Badagaon of Varanasi district.
Background Information
In Varanasi district and other parts of Uttar Pradesh people from the socially and economically marginalized communities are still exploited for forced labour. People from these communities are treated inhumanly; physically abused and are paid nothing by their employers.
The domestic law against bonded labour – the Bonded Labour System (Abolition) Act, 1976 provides for punishment for compelling a person to engage in bonded labour. In addition to prescribing punishment for forcing persons into bonded labour, the Act by a declaration freed everyone from bonded labour and prohibits contractual agreements facilitating bonded labour and continuation or extension of any pre-enactment agreement of similar nature. The Act also writes off all pre-enactment debts and liabilities that had resulted in forced labour.
As of today, the practice of bonded labour still continues in several parts of India, particularly in northern India and in southern states except Kerala. Though the law has come into force since 1976, like much other domestic legislation - The Dowry Prevention Act, 1961 and The Scheduled Caste and Scheduled Tribes [Prevention of Atrocities] Act, 1989 - the implementation of these laws have mostly failed in India.
This is because domestic legislations depend heavily of the local police to initiate actions against the perpetrator of a crime. It is for the local police to register a case, investigate it and submit it to the court for prosecution. However, in most cases where the victims are from the marginalized or socially ostracized communities the local police take no action. This is mostly because the widespread prevalence of corruption within the police and the complete lack of accountability on police inaction.
As of today policing in India suffer from corruption, nepotism, insensitivity, incapability to investigate crimes and political influence. Thus far the government has initiated no actions to address these issues, but has resisted all moves to retain policing under the clout of local politicians. The police on the other hand play into this caucus, allowing the rich and powerful to exploit them so that the officers and the establishment as a whole could benefit from the illegal proceeds of such an arrangement. Please visit given below URL to know the condition of Mushars, http://musahar.blogspot.com/2008/06/uttar-pradesh-musaharnama.html.
Sample letter
To,
……………………..
…………………………
Subject: Please take immediate action to the save the life of Dalit bonded labour
Name of the victim:
1. Ram Dayal Mushars s/o Lochan Mushar & Sunita
2. Bhola Mushar s/o late Lochan Mushar & Vaguara
3. Dinesh Mushar s/o Rajendra Mushar & Rita Mushar
4. Sudhir Mushar s/o Indrajeet Mushar and Seema Mushar
5. Manish Mushar s/o Rajendra Mushar and Himanshu Mushar
Name of alleged perpetrator:
Mr. Bablu Singh, village - Mauza Umndi under jurisdiction Shivpur, Tehsil – Sadar district Varanasi, Uttar Pradesh, India
Dear Sir/Madam,
I am writing to voice my deep concern regarding the cases of slavery and bonded labour reported from village Mauza Umndi under the jurisdiction of Shivpur.police station, Varanasi District, Uttar Pradesh. I am informed that five of families are being forced to work as bonded labourers for brick kiln factory of Mr. Bablu Singh Mauza Umndi under jurisdiction Shivpur, Tehsil – Sadar district Varanasi since Hindu festival Dashra, 2009 till now i.e. 7 months.
I am also informed that all five Mushars couples were engaged from mixing of mud till shaping of the brick. The Mushars were remunerated 300 INR for making the 1000 bricks. In seven month they make 9, 40,800 bricks and reimbursed with the advance of 5000 Rupees to each couple and 56000 Rupees for the foodstuff with the cost of 500 rupees for week. Still wages of 2, 67,880 Rupees is remaining
When the mushars started withdrawing remaining wages than brick kiln owner started torturing them. He only allows one person from each family to purchase the necessary things and return back to factory with in 10 – 15 minutes. While being late they were abused and soon after that brick kiln owner started to close the door from the outside. Now the Mushars hide themselves in Manital and they are frighten when they see any vehicle coming towards them.
PVCHR immediately intervened and gave telephonic information to the District Magistrate, Varanasi and also sent to SDM Pindra & Sadar, District Magistrate, Varanasi and National Human Rights Commission, New Delhi. Hence till today no action taken by the appropriate authority.
I am concerned by the fact that there has been no action taken by the District Magistrate, in spite of the fact that he has received a complaint from the victims detailing their plight. I therefore urge you to take immediate steps to put an end to slave-like practices and bonded labour in all industrial establishments, in the brick kiln owned by the perpetrators named above in particular, and to immediately free these persons from bonded labour
Our Demands
- Instruct the DM, Varanasi to immediate to action to save the life of 5 families of Mushar and issue release certificate
- Reimbursing of the remaining wages from the brick kiln owner
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Ms. Mayawati
Chief Minister
Chief Minister's Secretariat
Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 223 0002 / 223 9234
E-mail: csup@up.nic.in
2. Shri Mukul Wasnik
Minister, Ministry of Social Justice & Empowerment
Sardar Patel Bhawan
Sansad Marg
New Delhi - 110 001
INDIA
Fax: + 91 11 23742133
E-mail: ddpg2-arpg@nic.in
3. Chairperson
National Commission for Scheduled Castes
5th Floor, Lok Nayak Bhawan
Khan Market
New Delhi 110 003
INDIA
Fax + 91 11 2463 2298
E-mail: jointsecretary-ncsc@nic.in or chairman-ncsc@nic.in
4. Director General
International Labour Organisation
International Labour Office, 4, route des Morillons
CH-1211 Geneva 22
SWITZERLAND
Fax: + 41 - 227988685
E-mail: cabinet@ilo.org
5. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax + 91 11 2338 4863
E-mail: chairnhrc@nic.in
6. Director and ILO Representative in India
International Labour Organization
Sub Regional Office for South Asia
India Habitat Centre, 3rd Floor, Core 4B
Lodi Road, New Delhi 110 003
INDIA
Fax: + 91 11 24602111
E-mail: sro-delhi@ilodel.org.in
7. Chief Technical Adviser
Promotion the Prevention and Elimination of Bonded Labour in South Asia (PEBLISA)
Sub-regional Programme, International Labour Organization
Sub Regional Office for South Asia
India Habitat Centre, 3rd Floor, Core 4B
Lodi Road, New Delhi 110 003
INDIA
Fax: + 91 11 24602111
E-mail: sro-delhi@ilodel.org.in
8. Ministry of Labour and Employment
Minister Labour and Employment,
120, A-Wing, Shram Shakti Bhawan,
New Delhi-110001
INDIA
Tel: +91 11 2371 0240/ 2371 7515
Fax: +91 11 2371 1708
E-mail: laborweb@nic.in
9. Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 917 93 88
Fax: + 41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR ON CONTEMPORARY FORMS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE)
Email: urgent-action@ohchr.org
Urgent Appeal Desk (pvchr@pvchr.org)
Peoples' Vigilance Committee on Human Rights (PVCHR)
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