Due to terror of Police Dalit Asha Mushar is spending his life outside the Varanasi district in India

Right to life with dignity, police torture, Dalit right
__________________________________________________________

1st  March, 2011


Dear Friends,

Peoples’ Vigilance Committee on Human Rights (PVCHR) came to know through testimony from activists working for RCT-PVCHR initiative for testimonial Therapy in Pindra Block of Varanasi district that due to fear of Police a mushar “Asha” is spending his life outside the Varanasi district in India.

Case detail:

Mushars (the mouse eater community) are facing the police torture and they are imprisoned for long time to clean the toilet and throw dirt in prison. Sometime Mushars are not released after completion the duration of punishment. Their stigma is the curse of their life. All over India, the denotified communities are jailed, mob-lynched, tortured to death in police lock-ups. Worst of all, even India's other tribals treat the denotified tribes as "expendable” ones.


In 1871, the British Government of India "notified “certain tribes as "criminals" and passed the notorious "Criminal Tribes Act of 1871." Such people were notified, who, according to the British, were nomadic cattle grazers, wandering singers, acrobats, etc. These people lived in forests, or were nomads.

The term ‘Criminal Tribes’ originates from the British colonial times. The British initiated the Criminal Tribes Act in 1871, referring to around 150 tribes for their so-called “criminal tendencies,” giving the police wide powers to arrest them, control, and monitor their movements. The law in effect was that anyone born into one of the tribes, under this act, was seen as a criminal.

In 1959, Government of India passed the "Habitual Offender's Act "which is not much different from the "Criminal Tribes Act, 1871." http://www.indiatogether.org/bhasha/budhan/birth1871.htm

From testimony of Asha Mushar:

I, Mr. Asha Mushar s/o late Hari Mushar am permanent resident of village Jamapur, Post- Pindra under jurisdiction Phulpur, Pindra Block of Varanasi district in India.


I was happily living with my family members. Suddenly one day the husband of village head Mr. Amarnath Patel called me for allotment of Shop under Publication Distribution System (PDS) on my name on paper, but real ownership to his associates Mr. Sattan Patel. When I went with Sattan Patel to Phulpur police station for the verification, than their posted Inspector “being Mushar how many times you went to the prison”. I did not speak a word and went to Mariyahu in Juanpur District to bring the leaf.


When I was in Mariyahu than one jeep police force came to my house and given threat to my wife and children and inquired about me. When I came back, I immediately rush to the village head house and informed him all the things. He sent me to the police station with his nephew. Where police without saying anything gave indication to me to sit. I was in the police station. Darkness began and I did not return back to my home. When my wife and children came to police station than I was fabricated in the fake case of attempt to robbery with the knife.


I was kept in inhuman custody for the whole night in hostile situation and charged with the case of breaking peace and also in the robbery. “I cannot do my work properly as police is incessantly creating problem.” Due to the fear of police I am driving trolley in another district. I earn a small penny and it is difficult to manage the expense. Not only now-a-days, when I was fourteen year old, only few days of my marriage robbery happened in another village Bhauri. Police on the doubt and being mushers came to my gheeto in mid night. Police took me and my uncle to the phulpur police station while beating. They were continuously beating with lathi (a thick stick) and blood was coming out. Without medication we were detained in the Chaukaghat jail. I was detained for 11 months. In jail I was asked to do work. In the name of food only we get dal and roti to eat and it was difficult to eat. After a week of our release one day police again came to our ghetto in the night. For whole night we were kept in the police custody and judicial custody was done on next day. Around three year I was detained in the jail and one time any how my family member took my bail. My wife any how was managing the need of two ends. Whenever she collects little money she came to visit me in the prison. That time I feel this is punishment of being Mushar caste. I did not go to home due to the fear of police and always have fear and humiliation that police can fabricate me in the false case. I feel guilty that I did not give the pleasure of marriage to my wife.

PVCHR provided the psychological support through testimonial therapy and 16th February, 2011 sent letter to National Human Rights Commission, India, District Magistrate, Senior Superintendent of Police and Director General of Police.

For more information about Mushar community please read: http://musahar.blogspot.com/2008/06/uttar-pradesh-musaharnama.html

Please read the testimony of Asha Mushar in Hindi in given below URL: http://www.sarokar.net/2011/02/पुलिस-की-मार-कारण-शरीर-में/

The testimony of Urmila W/o of Asha Mushar http://www.sarokar.net/2011/02/हमने-तो-शादी-का-सुख-भी-नहीं/


Sample letter

To,

………………………..

…………………………

Subject: please take immediate action to save the life of Asha Mushar from the terror of police.



Dear Sir/Madam



I want to bring in your kind consideration that Mr. Asha Mushar s/o late Hari Mushar is permanent resident of village Jamapur, Post- Pindra under jurisdiction Phulpur, Pindra Block of Varanasi district is spending life outside the Varanasi district due to the fear of police.

I am informed that he was happily living with his family members. Suddenly one day the husband of village head Mr. Amarnath Patel called him for allotment of Shop under Publication Distribution System (PDS) on his name on paper, but real ownership to his associates Mr. Sattan Patel. When he went with Sattan Patel to Phulpur police station for the verification, than their posted Inspector “being Mushar how many times you went to the prison”. He did not speak a word and went to Mariyahu in Juanpur District to bring the leaf.

When he was in Mariyahu than one jeep police force came to his house and given threat to his wife and children and inquired about him. When he came back, he immediately rush to the village head house and informed him all the things. He sent me to the police station with his nephew. Where police without saying anything gave indication to him to sit. He was in the police station. Darkness began and he did not return back to his home. When his wife and children came to police station than he was fabricated in the fake case of attempt to robbery with the knife.

He was kept in inhuman custody for the whole night in hostile situation and charged with the case of breaking peace and also in the robbery. “He cannot do his work properly as police is incessantly creating problem.” Due to the fear of police he is driving trolley in another district. I earn a small penny and it is difficult to manage the expense. Not only now-a-days, when he was fourteen year old, only few days of his marriage robbery happened in another village Bhauri. Police on the doubt and being mushers came to his gheeto in mid night. Police took him and his uncle to the phulpur police station while beating. They were continuously beating with lathi (a thick stick) and blood was coming out. Without medication they were detained in the Chaukaghat jail. He was detained for 11 months. In jail he was asked to do work. In the name of food only they get dal and roti to eat and it was difficult to eat. After a week of their release one day police again came to his ghetto in the night. For whole night they were kept in the police custody and judicial custody was done on next day. Around three year he was detained in the jail and one time any how his family member took his bail. His wife any how was managing the need of two ends. Whenever she collects little money she came to visit him in the prison. That time he feel this is punishment of being Mushar caste. He did not go to home due to the fear of police and always have fear and humiliation that police can fabricate him in the false case. He feels guilty that he did not give the pleasure of marriage to his wife.

Therefore it is kind request please immediately intervene in the case and take appropriate action at earliest.

Thanking You

Sincerely Yours



………………………………..

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. Chairperson

National Human Rights Commission

Faridkot House, Copernicus Marg

New Delhi 110001

INDIA

Fax + 91 11 2338 4863

E-mail: chairnhrc@nic.in


5. 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 + 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)