Saturday, June 04, 2011

Open letter to Chief Minister of Uttar Pradesh against the threat for rule of Law


Respected Bhahan Ji,

 I want to bring in your kind attention towards the news published in today various newspapers in Varanasi of India.  http://www.scribd.com/doc/57065296/SDM-Sadar-Mr-Vivek-IAS-officer-started-enquiry-against-PVCHR-for-defending-the-case-of-bonded-labour

On 4th June, 2011 Dainik Jagaran in page no 9 published " Shak Ke ghere mein NGO" (NGO in the circle of doubt) and wrote three days before one  NGO produced the cognizance to district administration regarding 12 bonded labour in the brick kiln factory situated in cholapur and which became counterfeit. SDM gave the order to Tehsilar for the enquiry against the NGO.

It is known that on 31st May, 2011 Nanhu, Asha and Ram Awatar of Musahar community came to my office and I personally spoke to them in detail. Afterwards on 1st June, 2011 affidavit of Puspa, Munna, Ram Avatar, Asha and Nanhu was written before the District Magistrate. http://www.scribd.com/doc/57067129/Affidavit-of-bonded-labour   I did all these things as the member of the district vigilance committee on bonded labour under Bonded labour Act 1976 and I am also Executive Director/Secretary General of Peoples' Vigilance Committee on Human Rights (PVCHR) So, I took the help from the PVCHR activist Mr. Shiv Pratap Chaubey to take the runaway bonded labour to meet with the district administration.

These people went to the office of Hon'b ADM (Administration) office. After reading the testimonies as affidavits and taking with the bonded labour, he immediately send them to the SDM Sadar, Mr. Vivek. On SDM instruction, Nayab Tehsildar (sri Ragvendra Singh) and Labour office did raid the brick kiln factory.

After raid Nayab Tahsildar (a Revenue officer) gave 500 Rs conveyance to the bonded labour to return back to home. Sri Shiv Pratap Chaubey took Mushars to the office of SDM. Where they were given threat by the SDM and he also said immediately I will call to S.P Chanduali to bring your criminal history, on which immediately our colleague Sri Mrityunjay intervened and he was also threaten.  http://www.scribd.com/doc/57069958/Shiv-Pratap-Affidavit  http://www.scribd.com/doc/57066741/Statement-of-Mrityunjay

Instantly PVCHR release urgent appeal and sent letter to all concerned authorities including National Human Rights Commission. http://www.pvchr.net/2011/06/india-indian-administrative-service.html

 In this context on 2nd June, 2011 a daily newspaper Hindustan published "5 families were released from brick kiln" which write on the information of Dr. Lenin and direction of SDM, Sadar revenue department liberated 5 bonded families from the brick kiln factory in Gosaipur in evening.

After getting threat from SDM, Mushars became afraid. On my personal request PVCHR activists provided psychological support through testimonial therapy to the fearful labours. After that statement of Nanhu resident of Chanduali and Sudarshan from Gazipur were recorded in the video.  http://www.youtube.com/watch?v=JiPHg-R9exg&feature=share, http://www.youtube.com/pvchrindia#p/a/u/0/LqeLpD5L-qQ

In the statement it is clearly stated about the ill –treatment and getting forceful signature on the paper. Together with them the testimony of other labour were taken.

In the judgment given by honorable Supreme Court in the case of Neeraja Chaudhary vs. State of M.P on 1984. It is clearly stated that often big official send Tehsildar and he directly ask question – are you bonded? When the advance is given or any economical obstacle is should be believed as bonded.

If you look the news published on 4th June, 2011 newspaper which wrote problem about less reimbursement of wages and 56 thousand as advance to workers. It is the clearly case of bonded labour as mentioned under judgement of judgment given by honorable Supreme Court in the case of Bandhuwa Mukti Morcha vs. Government of India.

Hon'b  SDM instead of doing enquiry on the Bonded Labour System (Abolition) Act, 1976, Payment of Wages Act, 1936; Minimum Wages Act, 1948; Prevention of Scheduled Castes and Scheduled Tribes (Atrocities) Act, 1989; Interstate Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979; Contract Labour (Regulation and Abolition) Act, 1970; Child Labour (Prohibition and Regulation) Act, 1976; and Weekly Holidays Act, 1942 is giving threat to member of the district bonded labour vigilance committee, colleagues of his organization and bonded labour. Now the news is published in the newspaper to suppress the fact and defamation it and giving threat for the indirect enquiry.

In such condition I am putting my resignation in this context from membership of District committee on Bonded labour with the given below demands –

o   To conduct high level enquiry and take appropriate action for the entire circumstances.

o   Provide security to the labours.

 

Thanking You

Sincerely Yours

 

(Lenin Raghuvanshi)

Secretary General

Note: Please write letter to Chief Minister of Uttar Pradesh csup@up.nic.in

 

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