Thursday, August 29, 2019

Twenty hundred thousand Indian rupees compensation and charge sheet in case of Bonded labour


Odisha contractor chops off hands of two laborers 

PVCHR filed cases in NHRC. After continuous follows up and advocacy,NHRC provided follows final direction: 

Name of the Complainant: LENIN RAGHUVANSHI, GENERAL SECRETARY, PVCHR
Name of the Victims: NILAMBARA DHANGDA MAJHI & PIALU DHANGADA MAJHI
Address: JAIPATNA AREA, KALAHANDI, ODISHA 

According to the complainant right hands of two migrant workers from Odisha had been cut off by the Labour Contractor and his accomplice because they refused to be taken to Raipur instead of Hyderabad. As per the media report, they have been undergoing treatment in the Government Hospital at Bhabanipatna in district Kalahandi, and the police is trying to locate the suspects. All the cases relate to the same subject. Hence the cases were clubbed together. 4584/18/2/2013 is the leading case. Pursuant to the directions of the Commission, the S.P., Kalahandi intimated the Commission that in this connection crime no. 241 dated 16.12.2013 was registered at Jaipatna PS u/s 342, 323, 326, 307, 387, 506, 294, 120B, 34 IPC r/w Section 3(2)(v) of SC/ST Prevention of Atrocities Act, 1989 , and all seven accused were arrested. After completion of investigation, charge sheet was submitted in the Court. Proceedings under the Migrant Worker's Act and Bonded Labour System (Abolition) Act were also initiated. As per the reports of the Collector, both the victims have been provided Rs.2.00 lakhs each from the Chief Ministers' Relief funds and Rs.3,75,000/- has been deposited in the accounts of each victim under the SC/ST (PoA) Act as compensation. Rs.1,25000/- each will be paid after conclusion of the trial. Rs. 3 lakh was paid to the victim from the Dr. Ambedkar Foundation. Proof of payments has been enclosed. The Collector further submitted that free medical aid was provided to the victim and other rehabilitation measures were also taken by the District Administration. During enquiry it was revealed that the victims are not bonded labourers and they are migrant workers who had gone to Andhra Pradesh for better wage earning. The complainant in his letter dated 29.11.2014 informed that 12 bonded labourers were got released and action had been taken against the accused persons Parbesh @ Parmedundi and nine others. There were children in the released bonded labourers. No monetary relief has been paid to them for their rehabilitation. The complainant requested the Commission to look into his aspect and direct the State Government to take remedial measures in this regard. The Addl. Secretary, Home Department, Government of Odisha, in his earlier report made it clear that the victims and their companions who escaped are migrant labourers and they are not bonded labourers. Therefore, they are not entitled for any benefit under the Bonded Labour System (Abolition) Act. The Commission has perused and considered the material placed on record. Police registered a case and charge sheet was submitted in the Court. All the accused were arrested and remanded to judicial custody. The victims were properly rehabilitated and compensation was also paid to them. Since the required action has been taken by the authorities, no further intervention of the Commission is required in the matter. The case is hereby closed. Inform the complainants accordingly. LINK CASES-4685/18/2/2013, 4956/18/6/2013, 4955/18/6/2013,4953/18/6/2013,4952/18/6/2013, 66/18/6/2014, 537/18/6/2014,949/18/2/2014, 2843/18/6/2014, 2849/18/6/2014,52/18/2/2014


https://www.scribd.com/document/423873346/final-judement-on-Bonded-Labour-case-at-Odisha




Complain:

---------- Forwarded message ---------

From: PVCHR Communication <cfr.pvchr@gmail.com>

Date: Tue, Dec 17, 2013, 3:05 PM

Subject: Odisha contractor chops off migrant labourers’ hands

To: covdnhrc <covdnhrc@nic.in>, jrlawnhrc <jrlawnhrc@hub.nic.in>

Cc: Dr. Lenin Raghuvanshi <lenin@pvchr.asia>


To,

The Chairperson

National Human Rights Commission

New Delhi


Dear Sir,

I want to bring in your kind attention towards the news published in The Hindu on 17th December, 2013



Odisha Police have launched a manhunt to nab a labour contractor and his four henchmen who allegedly chopped off the hands of two migrant workers two days ago, a police official said on Tuesday.

The brutal crime took place on a roadside in Bolangir district on Sunday night. However, it came to light only after the victims reached the government hospital at Bhabanipatna in neighbouring Kalahandi disrtrict, about 420 km from Bhubaneswar the next day.

Police said a local labour contractor paid about Rs.14,000 in advance each to 12 workers from Jaipatna area of Kalahandi district about a fortnight ago for some labour work in Hyderabad, Andhra Pradesh.

But instead of taking them to the promised destination, the workers were being taken to Raipur to work at a brick kiln. The workers refused to work in Raipur and ten of the 12 workers fled, according to police.

Angry at the escape of the workers, the contractor and his henchmen allegedly tried to bring the remaining two workers in a vehicle to their respective homes in Kalahandi district to recover the money given as advance. On their way, the contractor and his henchmen consumed liquor and chopped off the right hands of the two workers, police said.

The victims were identified as Nilambara Dhangda Majhi, 35, and Pialu Dhangada Majhi, 30.

District Superintendent of Police Sarthak Sarangi told IANS: “We have formed two teams and raided the houses of the suspects. Many of the workers have also not yet returned to their homes. Search is on to locate them.”

Odisha’s western districts of Kalahandi, Koraput and Bolangir are considered to be some of the economically most backward areas in the country. Every year, thousands of residents migrate in search of jobs.

Therefore, it is a kind request please take appropriate earliest.


Thanking You


Sincerely Yours


Lenin Raghuvasnshi

Secretary General

PVCHR

Mo: 09935599333



#Odisha #BondedLabour, #Kalahandi, #Bolangir


Wednesday, August 21, 2019

Inauguration of #PVCHR office at #Varanasi

Work of PVCHR and Jan Mitra Nyas on education (2017-2019)



Following ongoing programs and activities related to education of children and adolescences under strategic plan of Jan Mitra Nyas/PVCHR have been implemented to fulfill its vision and mission:

        Direct service delivery:
1.     Providing duniyabi talim (Education for life) and Integrated Approach to Technology in Education (ITE) to 5271 children (2298 Male and 2973 Female) in 20 Madarsa of Bazardiha and Lohta of Varanasi district.
2.     Ms. Parul Sharma, NRI built the capacities of 120 adolescence girls on the issue of human rights, gender, education and health in four days perspective building workshop 5th June, 2017 – 8th June, 2017 in Baghwanala, Varanasi
3.     Started human rights education for class 6 to class 8 in 50 Governments and Primary school in Varanasi district.
4.     Provided 7000 books and other requisite things for establishing library in 20 Madarsa.
5. Awarding scholarship to 130 girls and 2 boys from most marginalized communities to continue their further higher studies with support from Parul Sharma, Helma Ritscher and Raj Dulari Foundation.
6. Dance with color: On 18th February, 2018 PVCHR in joint collaboration of Kalagan Foundation and Benaras School of Fine Art organized “Dance with color with support from Sir Dorabji Tata Trust”. The motive behind organizing the program was to strengthen child participation, motivating creative and creative expression in children.  In this therapy 155 children of the marginalized communities residing in urban slum (Baghwanala and Bazardiha) of Varanasi participated. Through this workshop children learned the importance of the colour and how it affects the person mood, physical and mental health.
7. Running non – formal education center for providing education to 78 children (39 male and 39 female) of marginalized children.

   In joint collaboration with the Government:

·        Jan Mitra Nyas/People’s Vigilance Committee on Human Rights actively participated as NGO partner in the Uttar Pradesh Government program Community Action to end Violence Against Children (CAVACH) campaign for protection of girls. Child. In the training JMN in joint collaboration of Uttar Pradesh Police, UNICEF, Woman Welfare Department built the capacities of 70,278 students (6 years to 12 years old students:26145 and Student above 13 Years:44,133) in 177 primary, secondary schools, Inter college and Madarsas from 1st July – 14th August, 2019 in Varanasi district of Uttar Pradesh.

·        In the CAVACH process District Magistrate of Varanasi selected Ms. Shruti Nagvanshi and Mr. Mangla Prasad for building the capacity of teachers of Badagaon, Pindra and Harhua block of Varanasi district.

·        Built the capacities of children in 10 primary schools on hand washing and prevention from the communicable diseases in joint collaboration of ANM and school teachers.

·         Built the capacity of the local resident for the formation of School Management Committee in Varanasi, Allahabad, Sonbhadra, and Ambedkar Nagar districts of Uttar Pradesh.

·        In 22 Kishori Hamjholi (adolescence group), a group of 596 adolescent girls were informed about menstruation, personal hygiene, adolescent health, and nutrition through IC material, group work, discussion and play. Kishori Swasthya and Poshan Mela, (Adolescence Health and Nutrition Fair) focused on the need to eat a balanced diet. In a documentary screened at the Mela, the Menstrupedia explained ‘good touch’ and ‘bad touch’, and quiz contest was also organised. The girls who gave the right answer were awarded sanitary napkins. 

Advocacy, Research and Lobby:
  •  JMN/PVCHR was the part of the report They Say We’re Dirty" Denying an Education to India’s Marginalized on the exclusion of children from marginalised groups from accessing education in India. https://www.hrw.org/report/2014/04/22/they-say-were-dirty/denying-education-indias-marginalized
  •   On the complain Government school open in Belwa of Varanasi district and Raup Ghasia Basti, Robertsganj Sonbhadra district. 
  •   On 26th June, 2019 met with Ms. Rita Bahuguna, Minister, Women and Child Development for providing free/subsidized sanitary pads to the girls of Marginalized communities and install vending pad machine in schools.
  •  Acted as resource center for building the capacities of adolescence of other organization, doing research on grass root reality of Government school in Bihar and giving training to the teachers of Government Schools in Gujarat.
                               #JanMItraNyas  #PVCHR #Education




Contact follows for details:
Shruti Nagvanshi at shruti@pvchr.asia


Dr.Rajeev Kumar Singh at rajeevpvchr@gmail.com

Anup Srivastava at anup.pvchr@gmail.com

Monday, August 19, 2019

Ending modern slavery in India

Although India has made huge efforts in recent years to end modern slavery, the Global Slavery Index estimates that around eight million people in India were in some form of modern slavery in 2016. The British Safety Council asked three global experts how India can eradicate all forms of slavery.
Safety Management asked three experts on modern slavery for their views on how India can eradicate  all forms of modern slavery.  We interviewed: 
• Elise Gordon, a research analyst at the Walk Free Foundation, a philanthropic organisation that campaigns to end modern slavery around the globe, and publishes the Global Slavery Index that seeks to measure the extent of modern slavery  
 • Terry FitzPatrick, communications and advocacy director at Free the Slaves, a non-governmental organisation that works to end all forms of slavery globally 
• Dr. Lenin Raghuvanshi, founder and CEO of the People’s Vigilance Committee on Human Rights, a non-governmental organisation  in India that fights for the rights  of marginalised people in  North Indian states.

Article published in Safety Management magazine of August 2019 edition published by British safety Council (https://en.wikipedia.org/wiki/British_Safety_Council and https://www.britsafe.org/about-us/introducing-the-british-safety-council/our-international-reach/ )

Please find article:

#India #BritishSafetyCouncil #Slavery #BondedLabour #PVCHR #FreeTheSlave #India #Bharat #U4HumanRights #LeninRaghuvanshi






Thursday, August 15, 2019

Politicisation of Hunger and the Right's Based Claim: Voices from the Margin



ACADEMIC JOURNAL ARTICLE
Madhya Pradesh Journal of Social Sciences

Politicisation of Hunger and the Right's Based Claim: Voices from the Margin

Article excerpt

For most of the poor and oppressed group, the local social structures in which they negotiate their lives determine their life chances and opportunities. Where are they placed in the hierarchy of the social status determines access to basic entitlements. In the recent years we see an increasing tendency within the civil society groups to project the demands of the poor and oppressed groups in the language of rights. What does this mean for the agency of a community at the margin of body politics? The implementation of the right-based claim tends in practice, to define state authorities and agencies as the primary duty-bearers in protecting and promoting rights and emphasises individual citizens as rights-holders. This shifts the burden of negotiation from society to state pitting individual actor against the state. The state is also afar easier target to pressurise for the enforcement of rights than families, clans and caste structures. This paper focuses on a specific case of mediation by a voluntary agency on the behalf of a migrated tribal group for securing fight to food and livelihood in a town area. The politicisation of #hunger death within #Ghasia community became a rallying point for acquiring various government entitlements and the increased presence of community was felt in the public sphere.
**********
For most of the poor and oppressed group, the local social structures in which they negotiate their lives determine their life chances and opportunities. Where are they placed in the hierarchy of the social status determines access to basic entitlements. For some this even means witnessing hunger deaths year after year. For communities like Musahars and Ghasias in Eastern Uttar Pradesh who are the deprived underbelly of the depressed caste, and report largest number of hunger deaths from the State, managing two square meals a day is the biggest struggle of life. Though the processes of democracy have interalia aroused their consciousness, but they are still caught in the web of multiple marginalities. The developed assertiveness and self awareness (brought about by witnessing the development processes and the experience of democracy) fit awkwardly with the prevalent patterns of economic and social dominance. This rise of consciousness tends to create contradiction and challenges. What is the way out? A quick look at the ways in which such contradictions have been attempted to be resolved in the recent past across the nation by similarly placed group brings forth three reactions: spontaneous violent outburst among the marginalised (the case of naxalite resistance); increased participation of those at the margin in the institutionalised democratic processes (dalit movement); or action mediated by an outside agency committed for increasing democratic space and life chances of those at the margin. The first option requires ideological commitment and has an obvious limitation of unleashing reactionary forces from the state creating instability, the second requires substantial mobilisation along with electoral leverage to generate effective ripples, and the third operates on a seemingly available but fragile domain of negotiations. For a community that has neither the ideological commitment nor the electoral leverage and the third option is far more attractive. They get easily persuaded by the claims of various intervening agencies to fulfill their half realised citizenship.
Such interventions acquired political salience in the mid 1970s and have continued to be active on a variety of issues which, in their perception are directly or indirectly related to what they see as their long term goal of democratising development and transforming society, these emerging international and national intervening agencies/social action groups at the grassroots level, are centrally concerned with forcing greater responsiveness from the State by securing the state given entitlements to the target population. …

Wednesday, August 14, 2019

Action in case of Bonded labour

child&bonded Labour Wed, Aug 14, 2019 at 3:23 PM
To: SHRAM1@gmail.com, pvchr.india@gmail.com

Respected Sir
Please Find the Attachment

Thank's With Regard's

From,

Child & Bonded Labour Section
Labour Commissioner Office, Uttar Pradesh
G.T. Road Kanpur.



#BondedLabour #PVCHR

Friday, August 02, 2019

21 Lakhs compensation, CBI investigation and prosecution for conviction in process in case of rape of 13 year old girls and her mother


PVCHR founder and CEO filed complaint in National Human Rights Commission (#NHRC).  Case number is  28617/24/18/2016.  Please find follows link:




21 Lakhs Indian rupees (Twenty hundred thousand rupees) compensation, CBI investigation and prosecution for conviction in process in case of rape of 13-year-old girls and her mother

The complainant in his complaint dated 2.8.2016 has drew attention of the Commission towards a news report titled "Noida Women, daughter raped near Bulandshahar highway," reported in the English Daily the Hindustan Times dated 2.8.2016. Further it has also been published in the national online new in Hindustan Times http://www.hindustantimes.com/india-newsNoida-woman-daughter-gangraped-near-bulandshahr-highway-15-detained-story-MSD1pXA4bAIhiV6caVsb9B.html. The newspaper report has stated that one women and her teenage daughter was, allegedly gang raped after they were waylaid on the Ghaziabad-Aligarh highway. The culprits dragged the women and her daughter and raped them for over 2 hours. It is also alleged that the miscreants tied up the male members and assaulted the women and her daughter and after committing the crime, they fled after robbing the family of cash and other valuables.

Vide proceedings dated 05.07.2018, the Commission had observed and directed as under:

“Pursuant to the directions of the Commission, the SP, Human Rights, Uttar Pradesh, has filed his report dated 29.08.2016 along with the report of SSP, Bullandshahar, dated 12.08.2016 and the report of ASP, City, Bullandshahar, dated 10.08.2016. The report of Joint Secretary, Government of Uttar Pradesh, vide his communication dated 20.10.2016 has filed the report of SP, Human Rights, dated 01.12.2016. The SP, Crimes, dated 30.11.2016, copy of the report of the DIG, Meerut, dated 27.1.2016 and 22.11.2016, the report of the ASP, Bullandshahar, dated 20.11.2016, report of the IG, Uttar Pradesh, dated 01.08.2016 and the report of the DGP, Uttar Pradesh, dated 03.08.2016, the report of the Special Secretary to the Government of Uttar Pradesh, dated 25.08.2017 are also on record. The report reveals that a FIR No. 838/16 U/S 395/397/ 376-D IPC and U/S 3/4 of POCSO Act was registered in Police Station Kotwali Dehat. During investigation, three accused persons namely, Salim @ Beena @ Dewanji, Jubair @ Parvej @ Sunil and Sajid were arrested and sent to jail. Thereafter, the investigation was transferred to CBI. Both the victim has been awarded Rs.50,000/- each through Red Cross Society and Rs.7 lakhs each from the Victim’s Compensation Scheme i.e. Rani Laxmi Bai Women Honour Fund. The Ghaziabad Administration has also allotted two houses to the victim. The victim has also got admitted in school at Gautam Budh Nagar. In addition, Rs.3 lakhs each has been awarded to the victim from the Chief Minister Fund. The DGP has also formulated a detailed policy dated 01.08.2016 and 03.08.2016 for further safety of the women. 
The Commission has considered the reports.

In view of the reports, the comments of the complainant are warranted in this case along with the status report from the CBI.
Consequently, the Director, CBI, New Delhi, is directed to file the current status report in this case. Registry to send the copies of the aforesaid reports to the Director, CBI, for his information and filing of requisite report. 

The comments of the complainant be also called for, within six weeks. Registry to send copies of the aforesaid reports to the complainant, for his necessary information and offering of comments”. 

Since, the concerned authority has not filed the requisite report, the final reminder was directed to be issued to file the requisite report vide proceedings dated 19.03.2019. 

Pursuant to the directions of the Commission, the Superintendent of Police, CBI, Special Crime-III, New Delhi, vide his communication dated 21.06.2019 has filed the report of Inspector of Police, CBI, SC.III, New Delhi, dated Nil. The report reveals that vide order dated 12.08.2016, in Criminal Writ Petition (PIL) No. 18005/16 and No. 18231/16 the Hon’ble High Court of Allahabad, directed CBI to take over the investigation of case Crime No. 838/16 registered at Police Station Kotwali Dehat, District Bullandshahar. The said case was re-investigated by the Central Bureau of Investigation vide RC-6(S)/16/SC.III/ND on 18.08.2016 and took over the further investigation of the case. On 05.11.2016 a chargesheet was filed in the Court of Additional Sessions Judge, FCT-II/Spl. Judge, POCO ACT at Bullandshahar U/S 394/395/397/376-D and 342 IPC r/w 120-B/34 IPC and U/S 4 of the POCSO Act against the accused persons namely Salima @ Bina @ Diwanji and accused namely Juber @ Sunil @ Parvej and Shajid. Further investigation was kept open U/S 173(8) of the Cr.P.C. against their accomplice / associate. A supplementary chargesheet was filed on 18.04.2018 in the Court of Additional Sessions Judge-8, Spl. Judge, POCSO Act, Bulalndshahar, Uttar Pradesh. In the said supplementary chargehsheet the details of roles of other accused in commission of crime were elaborated. The names of the additional accused persons namely Dharambir @ Raka @ Jitender, Naresh @ Sandeep Baheliya and Sunil Kumar @ Sagar. However, further investigation against their accomplice / associates continued U/S 173(8) Cr.P.C. However, the trial is pending at the stage of recording of the prosecution evidence. 

The Commission has considered the reports.

In view of the aforesaid reports, the CBI has filed the supplementary charge-sheet, the further investigation against accomplice / associates is still in process U/S 173(8) Cr.P.C. and the trial is in the stage of recording of prosecution evidence. 

The monetary compensation and other assistance such as allotment of houses etc. has already been granted to the victim, as mentioned in the proceedings of the Commission dated 05.07.2018. The DGP, Uttar Pradesh, has also formulated a detailed policy dated 01.08.2016 and 03.08.2016 for further safety of the women. The comments of the complainant were also called for, but he has filed his comments despite being asked by the Commission.

In view of the facts and circumstances of the case, the Director, CBI, New Delhi, is directed to proceed with this case, till its logical conclusion. With this direction, no further intervention of the Commission is required and the case is closed.

---------- Forwarded message ---------
From: PVCHR Communication 
Date: Tue, Aug 2, 2016 at 12:17 PM
Subject: Noida woman, daughter raped near Bulandshahr highway, 15 detained
To: covdnhrc , NHRC
Cc: Dr. Lenin Raghuvanshi


To,                                                                                              
The Chairperson,
National Human Rights Commission,
New Delhi.

Respected Sir,
I want to bring in your kind attention towards the news published in the national online news in Hindustan Times on 2nd August, 2016 regarding Noida woman, daughter raped near Bulandshahr highway, 15 detained http://www.hindustantimes.com/india-news/noida-woman-daughter-gangraped-near-bulandshahr-highway-15-detained/story-MSD1pXA4bAIhiV6caVsb9N.html
Police have detained 15 people for the alleged gangrape of a woman and her teenage daughter in Uttar Pradesh’s Bulandshahr district.
UP chief minister Akhilesh Yadav asked the principal secretary of the home department and the director general of police on Sunday to monitor the probe into the case that has sent shock waves across the nation.
A Noida-based family of five people, including the 13-year-old girl and her mother, was headed to their native place in Shahjahanpur in a car late on Friday night. Miscreants waylaid them on the Ghaziabad-Aligarh highway, dragged the woman and her daughter out of the vehicle and raped them for over two hours, the family complained.
Police registered a case of robbery, rape and wrongful confinement. Senior officials rushed to the spot, and the Uttar Pradesh Special Task Force was roped in for the investigation. Three suspects were identified.
“Fifteen suspects have been nabbed for interrogation...hope that the accused would be arrested soon,” Daljit Singh, additional director general ( law and order), said.
Miscreants threw a piece of metal at the car when it was passing through Dostpur village at around 1:30am, forcing the driver to stop, police said. When the driver got out to examine the damage, the criminals, who were hiding on the roadside, overpowered him and allegedly forced him to drive the car off the road and into the fields.
The gang then tied up the male members and assaulted the woman and her daughter. The miscreants fled after robbing the family of cash and other valuables. The victims managed to reach the Dehat Kotwali police station in the morning.
“A detailed questioning is underway... and we have got substantial leads so far. Our teams are working on the case,” said Vaibhav Krishna, senior superintendent of police, Bulandshahr.
Laxmi Singh, inspector general of police of the Meerut Range, too said: “We have important clues.”
Police suspect the involvement of Bawariyas -- a nomadic tribe in northern India --- in the crime. “The modus operandi of criminals points towards tribal Bawariya gangs, though we have been working on all possible angles to crack the case,” SSP Krishna said over phone from Bulandshahr.
Kotwali Dehat sation officer Ram Sain Singh was relieved from the charge of the case after police reported his negligence, the SSP said.
India brought in more stringent laws against sexual offenders after the fatal gang rape of a student in Delhi in December 2012, but they have failed to stem the tide of violence against women across the country.

Therefore it is kind request please take appropriate action at earliest.



Thanking You,

Sincerely Yours,
Dr. Lenin Raghuvanshi
Founder and CEO
Peoples' Vigilance Committee on Human Rights
SA 4/2 A Daulatpur, Varanasi - 221002
Mobile No: +91-9935599333
#Rape #PVCHR #U4HumanRights