India: Eyewash tactics of administration in matter of Bonded labour in Jaunpur district of Uttar Pradesh
……………………………………………………………………………………………………………………
ISSUES: Bonded labour; corruption; impunity; threat, right to live with dignity
3rd March, 2011
Dear Friend,
Peoples’ Vigilance Committee on Human rights (PVCHR) got information from 25 labours of brick kiln that came to PVCHR office for help. The labourers are from village Sakara and Phattanpur of district Jaunpur of Uttar Pradesh. The labours were compel to work as bonded and were ill-treated by the owner of the brick klin.
Case detail:
On 28th February, 2011 around 3 pm 15 labour of brick kiln factory resident of village Sakara, Post & police station Rampur and 10 labours of brick kiln resident of village Phattanpur, under jurisdiction sureri of district Jaunpur of Uttar Pradesh in the panic condition came to PVCHR office.
The activists listen to the both survivors group. They went to give complain through affidavit to Commissioner of Varanasi region. On which commissioner directed to the labour office of Janupur to investigate and take appropriate action. The Mushars suffering from fear were psychologically supported to the testimonial therapy.
Testimony of Rajesh
I, Rajesh age 20 years son of Dasrath Vanwasi resident of village Sakara, Post – Rampur under jurisdiction Thana district Janupur of Uttar Pradesh. I work as a labour with my wife Sheela in the brick kiln factory for giving shapes to the bricks. When I was beaten in the brick kiln factory and ran from there from than till now I am spending day in fear and having night mare.
I have problem in listening as the “Pappu Pandit” of owner has harshly beaten in my right ears and still its flowing. I work in the brick kiln of Indramani Singh in Deelapur (Panchawar Dagar), Kerakat of Janupur district of Uttar Pradesh. In one day with my wife I give shape to 6000 bricks and earn 300 Rupees (INR) in a day. Whenever in a weekend we go to claim our half wages for food than he abuse us and said “you do not do work and needs money”. In sickness also he beat us with punch for doing work. We get the remaining money after the end of the season.
Before coming to work Om Prakash Singh (sister in law of Indramani Singh) came to Sakara village and gave 10, 000 Rupees advance to me. He also gave advance to many other people and threatened take or do not take money but you have to go work. We always are beaten by this people. Due to fear we came to work in the brick kiln of Indramani Singh.
Previous year before the Durga Pooja in his factory 15 – 16 person in pair with their children went. It was our first day; we did not eat in the day. In the evening we all sit for the dinner. Immediately Indramani Singh came and started to beat us and said go and give shape to the more bricks. With fear I said sir I will make more bricks. We called him uncle and he beat and scolds us. The behaviour of Mushi and the owner was becoming day to day worse. Till now twice I was beaten by the owner and once by the clerk.
On 17th February, 2011 clerk put shawl in my neck and takes me in the office. Clerk and Bhagu (the son of the labour from the Jharkhand) beat together. On that day I only urge to Clerk sir today I am having stomach ache so, I will not wet the soil. After listening this he started to abuse me by using filthy words. In anger he pushed three feet below to my brother wife and her blouse was torn and sari was untidy.
Actually the owner has bad eyes on my wife Sheela from beginning and they molested her while she was taking water from the hand pump near to the office. “The owner has offered her to sleep with them in the office” and the clerk co-operate with him.
The troubled labour somehow managed to escaped as they were not given minimum wages, compel to forcefully work, making bonded labour and incessantly beaten and abused by the using filthy words indicating the caste. In which many labours were badly beaten by the rod.
Next day 1st March, 2011 at 10 am the fearful Mushars with the support of PVCHR went to Labour office Jaunpur. But while reaching there they came to know that labour officer Sri Vijay Yadav went to investigate in the brick kiln factory.
It’s about 2 pm the labours were called at tehsil by the SDM Kerakat. After that SDM Kerakat with the labours went to the place of incidence, because their house hold commodities were lying there. SDM (Sub divisional Magistrate) Kerakat talks to the other labour in the brick kiln factory and they talked in the favour of their owner. It was their problem because they were in the custody of owner. But the officer was consistently speaking in favor of brick kiln owner and trying to discourage victims.
In the case from village Pure Diyalpur C.O (Circle officer), Madiyahu called to the labour to record their statement. But the statement was recorded in front of the brick kiln owner Subhas Singh and due to the terror of him labour were not giving their statement correctly. C.O and Subhas Singh were interrupting in between and demoralizing the labours by abusing. C.O tried to convince the labour that brick kiln owner is a good person. You all are making fancied by doing this you will be spoiled the brick kiln industry
In the judgment given by honorable Supreme Court in the case of Neeraja Chaudhary vs. State of M.P on 1984
The Commissioners and Collectors have multifarious duties to attend and even if they are anxious to help in eradication of the vice of bonded labour system, which we are sure they are, they would not find time to make any personal inquiry or investigation but they would have to rely on their subordinate officers such as tehsildars and patwaris and at many places, the patwaris and tehsildars being either in sympathy with the exploiting class or lacking in social commitment or indifferent to the misery and suffering of the poor and the down-trodden, the task of identification, release and rehabilitation of bonded labour through the official machinery would be very difficult of achievement.
Collector as a result of an order made by this Court, the tehsildar went to the villages in question and sitting on a dias with the landlords by his side, he started enquiring of the labourers whether they were bonded or not and when the labourers, obviously inhibited and terrified by the presence of the landlords, said that they were not bonded but they were working freely and voluntarily, he made a report to the Collector that there were no bonded labourers.
Bonded labourer in order to derive the benefits of this social welfare legislation, should have to go through a formal process of trial with the normal procedure for recording of evidence. That would be a totally futile process because it is obvious that a bonded labourer can never stand up to the rigidity and formalism of the legal process due to his poverty, illiteracy and social and economic backwardness and if such a procedure were required to be followed, the State Government might as well obliterate this Act from the statute book. It is now statistically established that most of bonded labourers are members of Scheduled Castes and Scheduled Tribes or other backward classes and ordinary course of human affairs would show, indeed judicial notice can be taken of it, that there would be no occasion for a labourer to be placed in a situation where he is required to supply forced labour for no wage or for nominal wage, unless he has received some advance or other economic consideration from the employer and under the pretext of not having returned such advance or other economic consideration, he is required to render service to the employer or is deprived of his freedom of employment or of the right to move freely wherever he wants. Therefore, whenever it is shown that a labourer is made to provide forced labour, the Court would raise a presumption that he is required to do so in consideration of an advance or other economic consideration received by him and he is therefore a bonded labourer
Sample letter
To,
.............
.............
.............
Subject: please take immediate action to save the life of 25 labours compel to work as bonded labour in brick kiln factory in Jaunpur district of Uttar Pradesh
Name of the victims:
Group I
1. Kailash 25 years s/o Jalim Mushars,
2. Sadhana 20 years w/o Kailash
3. Somaru 21 years s/o late Dasrath Mushars,
4. Kila Mushars 19 years w/o Somar Mushars
5. Mohan 25 years s/o Tinnu Mushars ,
6. Sunita 21 w/o Mohan
7. Anshu 30 years s/o Tinnu Mushars,
8. Dangari 25 years w/o Anshu
9. Pahpar 20 years s/o Trilokti Mushars,
10. Asha 19 years w/o Pahapar
11. Dil Kumar 21 years s/o Munna,
12. Guddi 18 years w/o Dil Kumar
13. Rajesh 20 years s/o Late Dasrath,
14. Sheela 16 years w/o Rajesh
15. Brinda 18 years s/o Late Dasrath
Are resident of village Sakara, Post & police station Rampur district Jaunpur of Uttar Pradesh
Group II
1. Rajendra Mushars 26 years s/o Late Banwari,
2. Seema 24 years w/o Rajendra
3. Nandu 24 years s/o Sri Bhonu
4. Photu 26 years s/o Bhonu
5. Bindu 18 years s/o Bhonu
6. Sunita 17 years w/o Bindu
7. Guddu 20 years s/o late Banwari
8. Nahki 15 years s/o Bhonu
9. Bhonu 65 years s/o late Parsottam
10. Mahadeva 60 years w/o Bhonu
Are resident of village Phattanpur, under jurisdiction sureri of district Jaunpur of Uttar Pradesh
Name of alleged perpetrator:
• Group I
Sri Indramani Singh and Paapu Pandit Village Dilkapur, pachwal dagra, under jurisdiction Kerakat, of Jaunpur district
• Group II
Sri Subhas Singh village pure, Diyalpur post Rampur, under jurisdiction Surari of Jaunpur district & relatives
Date & Place of Incidence: 24th February, 2011 in Brick kiln factory
Dear Sir/Madam,
I am writing to voice my deep concern regarding the cases of slavery and bonded labour reported of 15 labour of brick kiln factory resident of village Sakara, Post & police station Rampur and 10 labours of brick kiln resident of village Phattanpur, under jurisdiction sureri of district Jaunpur of Uttar Pradesh.
I am informed that on 28th February, 2011 around 3 pm these labours of brick kiln factory came to PVCHR in the panic condition came to PVCHR office. The activists listen to the both survivors group. They went to give complain through affidavit to Commissioner of Varanasi region. On which commissioner directed to the labour office of Janupur to investigate and take appropriate action. The Musharss suffering from fear were psychologically supported to the testimonial therapy.
I am also informed that the troubled labour somehow managed to escaped as they were not given minimum wages, compel to forcefully work, making bonded labour and incessantly beaten and abused by the using filthy words indicating the caste. In which many labours were badly beaten by the rod.
Next day 1st March, 2011 at 10 am the fearful Mushars with the support of PVCHR went to Labour office Jaunpur. But while reaching there they came to know that labour officer Sri Vijay Yadav went to investigate in the brick kiln factory.
It’s about 2 pm the labours were called at tehsil by the SDM Kerakat. After that SDM Kerakat with the labours went to the place of incidence, because their house hold commodities were lying there. SDM Kerakat talks to the other labour in the brick kiln factory and they talked in the favour of their owner. It was their problem because they were in the custody of owner. But the officer was consistently speaking in favor of brick kiln owner and trying to discourage victims. Statement of victim’s labour has not been recorded by competent authority.
In the case from village Pure Diyalpur C.O (Circle officer), Madiyahu called to the labour to record their statement. But the statement was recorded in front of the brick kiln owner Subhas Singh and due to the terror of him labour were not giving their statement correctly. C.O and Subhas Singh were interrupting in between and demoralizing the labours by abusing. C.O tried to convince the labour that brick kiln owner is a good person. You all are making fancied by doing this you will be spoiled the brick kiln industry.
Therefore I urge you to take immediate steps to put an end to slave-like practices like bonded labour in the brick kiln factory and take appropriate action as mentioned in the judgement given by honorable Supreme Court Neeraja Chaudhary vs. Government of Madhya Pradesh and Bandhuwa Mukti Morcha vs. Government of India.
To release the victims Musharss suffering from bonded labour and issue release certificate and register the case against brick kiln owner under the Bonded Labour Act, 1976 and under SC ST (Prevention of Atrocities) Act, 1989
Thanking You
Sincerely Yours
....................
Please send letter 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, 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
Thursday, March 03, 2011
Wednesday, March 02, 2011
Kanhar Dam project facing opposition from tribals
http://timesofindia.indiatimes.com/city/varanasi/Kanhar-Dam-project-facing-opposition-from-tribals/articleshow/7603448.cms
VARANASI: The foundation stone laid by chief minister Mayawati for the construction of Kanhar Dam in Dudhi tehsil of Maoist-affected Sonbhadra district on January 15 has triggered a wave of resentment among the locals, mostly tribals, who are now fearing a large-scale displacement.
They have decided to launch a 100-km foot march from the construction site in Amawar village to the district headquarters at Robertsganj on March 10.
Around 5,000 people, under the banner of Kanhar Bachao Andolan, would reach the district headquarters on March 20, said Maheshanand of Gram Swarajya Samiti (GSS).
The GSS, which has been working in Dudhi and other blocks of Sonebhadra district since 1984, has extended its support to the tribals. The People's Vigilance Committee on Human Rights (PVCHR) has also come forward in support of the tribals of affected areas.
However, the district administration of Sonbhadra is unaware about the people's unrest. Chief development officer (CDO) and acting district magistrate Mohammed Shathkat Kamal, when contacted on Tuesday, said that he would look into the matter.
"We would not allow construction of any dam on Kanhar river," said Vishwanath Kharbar, a member of Kanhar Bachao Andolan.
"If a dam is built, it would displace thousands of tribal families from their roots. We are committed to stall the project," he said.
Maheshanad said that the foundation stone was laid by the CM in Lucknow, and later the plaque was fixed at the village. It is not the first time when the locals have opposed the construction of dam on the Kanhar river, a tributary of Sone river.
In 1976 too, then chief minister N D Tiwari had laid the foundation stone of the Kanhar Dam, but the project was stopped due to opposition from people, he added.
He said that because of the dam, 11 villages of Sonebhadra district would get completely submerged and 25 villages would be affected partly causing displacement of about 8,000 families. Besides, 16 villages of Chhattishgarh and five villages of Jharkhand would also be affected.
The GSS has launched an awareness campaign against the Kanhar multipurpose project in 25 villages of UP, Chhattisgarh and Jharkhand.
According to Lenin Raghuvanshi, executive director of PVCHR, the number of members associated with Kanhar Bachao Andolan (KBA) has reached over 3,000.
The KBA has a 22-member central committee, which links up with 25 villages through its local committees.
Hundreds of farmers and landless labourers belonging Gond, Pannika, Karwar, Pariha, Chero, Bhuiyan tribes are facing displacement threat due to Kanhar Dam project.
The women of these villages are taking active part in the movement, said Maheshanand adding that the villagers oppose the construction of the big dam but are in the favour of construction of the small dam for the irrigation through the lift cannel.
It is estimated that about 9,00,000 trees, 2,500 kuccha and 200 pucca houses, 500 wells and about 30 government schools would get submerged in water after the construction of the dam.
He said, "The project is clearly violating the basic rights given to downtrodden villagers and tribals in the constitution of rights like right to life, right to healthy environment, right to education etc.
He said that to start the project work, negligible amount of compensation was given to some people. "People were paid Rs 30 to Rs 300 for the houses while a petty amount of 30 paise given for a mango tree," he said.
VARANASI: The foundation stone laid by chief minister Mayawati for the construction of Kanhar Dam in Dudhi tehsil of Maoist-affected Sonbhadra district on January 15 has triggered a wave of resentment among the locals, mostly tribals, who are now fearing a large-scale displacement.
They have decided to launch a 100-km foot march from the construction site in Amawar village to the district headquarters at Robertsganj on March 10.
Around 5,000 people, under the banner of Kanhar Bachao Andolan, would reach the district headquarters on March 20, said Maheshanand of Gram Swarajya Samiti (GSS).
The GSS, which has been working in Dudhi and other blocks of Sonebhadra district since 1984, has extended its support to the tribals. The People's Vigilance Committee on Human Rights (PVCHR) has also come forward in support of the tribals of affected areas.
However, the district administration of Sonbhadra is unaware about the people's unrest. Chief development officer (CDO) and acting district magistrate Mohammed Shathkat Kamal, when contacted on Tuesday, said that he would look into the matter.
"We would not allow construction of any dam on Kanhar river," said Vishwanath Kharbar, a member of Kanhar Bachao Andolan.
"If a dam is built, it would displace thousands of tribal families from their roots. We are committed to stall the project," he said.
Maheshanad said that the foundation stone was laid by the CM in Lucknow, and later the plaque was fixed at the village. It is not the first time when the locals have opposed the construction of dam on the Kanhar river, a tributary of Sone river.
In 1976 too, then chief minister N D Tiwari had laid the foundation stone of the Kanhar Dam, but the project was stopped due to opposition from people, he added.
He said that because of the dam, 11 villages of Sonebhadra district would get completely submerged and 25 villages would be affected partly causing displacement of about 8,000 families. Besides, 16 villages of Chhattishgarh and five villages of Jharkhand would also be affected.
The GSS has launched an awareness campaign against the Kanhar multipurpose project in 25 villages of UP, Chhattisgarh and Jharkhand.
According to Lenin Raghuvanshi, executive director of PVCHR, the number of members associated with Kanhar Bachao Andolan (KBA) has reached over 3,000.
The KBA has a 22-member central committee, which links up with 25 villages through its local committees.
Hundreds of farmers and landless labourers belonging Gond, Pannika, Karwar, Pariha, Chero, Bhuiyan tribes are facing displacement threat due to Kanhar Dam project.
The women of these villages are taking active part in the movement, said Maheshanand adding that the villagers oppose the construction of the big dam but are in the favour of construction of the small dam for the irrigation through the lift cannel.
It is estimated that about 9,00,000 trees, 2,500 kuccha and 200 pucca houses, 500 wells and about 30 government schools would get submerged in water after the construction of the dam.
He said, "The project is clearly violating the basic rights given to downtrodden villagers and tribals in the constitution of rights like right to life, right to healthy environment, right to education etc.
He said that to start the project work, negligible amount of compensation was given to some people. "People were paid Rs 30 to Rs 300 for the houses while a petty amount of 30 paise given for a mango tree," he said.
Tuesday, March 01, 2011
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)
__________________________________________________________
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)
Fear of Internal Displacement of Dalit, Tribal and Muslim Minority in Sonbhadra of India
Right Right to life with dignity, police torture, Dalit right
……………………………………………………………………………
28February, 2011
Dear Friends,
Peoples’ Vigilance Committee on Human Rights (PVCHR) got information from the Gramya Swaraj Samiti(GSS) member organization of National Alliance on Testimonial Therapy (NATT) that again foundation stone of Kanhar Dam in Sonbhadra of UP,India inaugurated on 15th January, 2011.
Case detail:
http://www.pvchr.net/2011/02/march-against-forced-displacement-in.html
On 15th January, 2011 at 2 pm the villagers of Sundari gathered in front of the primary school, Sundari against the construction of the dam in the open meeting called by the current village head Mr. Ram Vichar. When again the inauguration of foundation stone of Kanhar Dam by the Chief Minister of Uttar Pradesh Ms. Mayawati on 15th January, 2011 on her birthday. In the meeting they discussed the issue and decided the future course of action.
• Villagers oppose the construction of the big dam but are in the favour of construction of the small dam for the irrigation through the lift cannel.
• They also decided to hold foot-march from Dudhi tehsil to Robersganj district head quarter and cover 100 km starting from March 10th – 20th
More facts about Kanhar Dam
Earlier the foundation stone of the Kanhar Dam was laid in 1976 by the Chief Minister of U.P, Mr. N.D. Tiwari. The proposed Kanhar Dam is located at Amawar village of Dudhi Tehsil in Sonbhadra district of Uttar Pradesh. if Kanhar dam would have been built on Kanhar River, a tributary of the Sone River, west of North Koel and east of Rihand tributaries would have wreaked havoc in Sonebhadra district (Uttar Pradesh), Sarguja District (Chhattisgarh) and Garhwa district (Jharkhand). After completion it would have submerged an area of 3000 hectares. It would have been expected to irrigate 25772 hectares of land in district Sonebhadra and 8,000 hectares in adjoining districts of Jharkhand and Madhya Pradesh. The dam would have displaced over 7,500 families from 25 villages from their ancestral land and homes in Uttar Pradesh, Chhattisgarh and Jharkhand.
Kanhar multipurpose project got approval in September 1976 from Central Water Commission (CWC) with an initial cost of Rs 277.5 millions. It was technically approved in 1979 with a revised estimate of Rs. 558 million. Inter-state dispute between Madhya Pradesh, Bihar and Uttar Pradesh on submergence land was overlooked by CWC, finally sanctioned a revised estimated cost of Rs 694.7 million. The Department of Environment of all three states was ignored completely and also no proper survey was made which concealed and overlooked the real picture of the miserable and pathetic condition of tribals. Preliminary figures estimated 900,000 trees, 2500 kuccha and 200 pucca houses, 500 wells and about 30 Government schools along with few of the other buildings would have doomed under water.
Fourteen villages of Sonebhadra district faced submergence so the tribals living in these villages decided to stall the project and then, they approached Maheshanand of Gram Swarajya Samiti (GSS) for guidance. GSS, which had been working in Dudhi and other blocks of Sonebhadra district since 1984, helped in garnering support and 'Kanhar Bachao Andolan' was formed on 23rd March 2002. Since the formation of Kanhar Bacho Andolan, every year on 23rd March tribals, women and activists gather at the construction site of the proposed project for continuing the struggle and taking to its logical culmination. 23 rd March is a red-letter day in the India's history. It was the day when Bhagat Singh, Sukdev and Rajguru faced the gallows to free the country from British colonial fetters. GSS has facilitated with strategic framework of launching awareness campaign against the Kanhar Multipurpose project in the 25 villages of UP, Chhattisgarh and Jharkhand. It helped Kanhar Bachao Andolan to design its advocacy, action and capacity building programmes in these villages for bringing the local communities together to stall the project. A number of initiatives were carried out viz. meetings, camps, rallies, etc. Support from Civil Society from other parts of the state was received. In fact, Justice Mohd .Z. Yacoob, sitting Judge of constitution of South Africa, patron of Peoples’ Vigilance Committee on Human Rights (PVCHR) also came over, visited the area & participated in the meetings. Most of the work of construction of the dam had been completed.
In the anti-dam movement, women are at the forefront. When the Government expressed its unwillingness to go by people's wishes, women resolved that they would not allow the government to displace them. Women resolved to chase away those working in the project site. Women do not allow project related vehicles, machinery or personnel.
Viswanath Karwar, the chief functionary of Kanhar Bachao Andolan, “Guided by Gram Swarajya Samiti' tribals have been able to launch a relentless struggle for stalling the project. We could continue it as the feeling of losing land and forest is as stronger among the tribals as consequences of displacement. Tribals know if they are displaced then it would wreak havoc with their entire way of life and culture. Most importantly it would dismantle them from their ancient culture. It would rob their identities
Within a span of six years, Kanhar Bachao Andolan membership had swelled to 3025. It includes 1720 men and 1305 women. The Andolan has 22-member Central committee which links up with 25 villages through its local committee. The Central Committee’s office is in Sundari village, the first village to be submerged by the Kanhar dam, if constructed. Prior to its formation, the front ranking activists of KBA made a recce of the villages falling in the submergence zone. It facilitated the process of developing local committees in these villages. These local committees link up with the Central Committee for talking ahead the struggle. These committees have been formed in 11 villages consisting of 22 members with equal participation of men and women. The role of this Committee is to keep itself informed of the latest stand of the Government on the dam, keep others updated on the issue, plan out the strategy and mode of protest.
"Majority of the peasants and landless labourers belonging Gond, Pannika, Karwar, Pariha, Chero, Bhuiyan tribes and Muslims were facing displacement from the Kanhar project. Few among them are small and medium peasants but its predominantly landless peasants. Though few of the villagers have been issued job cards to work under much-touted National Rural Guarantee Employment Scheme (NREGP) but 60 to 70 percent villagers are forced to migrate to Gujarat and Maharashtra for earning their livelihood,” said Viswanath Karwar.
“After a lot of deliberations a consensus emerged from those facing displacement community that construction of the dam should be stalled forthwith. It was the women who took the lead in the struggle. Armed with whatever implements they had they launched physical assault on the workers. The workers, fearing their safety fled from the site. The construction of the dam has come to grinding halt. The machinery and spare parts have been dismantled and sold as scrap”, added Viswanath Karwar.
The struggle of the tribals shows that they cannot be subjugated by the pushing over them the development projects. The dominant development model is itself antagonistic to their survival. Gram Swarajya Samiti had been able to kindle in them through their struggle they establish their right not merely over their resources but also their right to life a life of their own choice amidst an environment over which they have control. The chief functionary of GSS Mr. Maheshanad faced the intimidation from the Kanhar Banao group.
As per UP Revenue Act, till 1986 there was no facility for Record Operation in the area. Thus all report were made on the basis of erroneous surveys. Taking advantage of this forest department took the land of poor innocent tribals under its possession, declaring it as reserve forest under section 4 and 20 of Indian Forest Act but forest dept flagrantly violated the provision of the forest act by not giving any notification neither in the invernacular nor to the villagers and Pradhan.
In a hurry to start the project work, the authorities gave negligible amount of compensation to some people. Most of them accepted it with a note of decent. As has been the practice shrewd landlord inhumanly took over the land of the poor and innocent traumatized people on throwaway prices to negotiate comparatively better compensation from authorities. Even today most of the poor residing on their land have got no compensation at all.
Lot of public money has been pumped into Kanhar Project. Sheer wastage of Rs. 50 – 60 cr in road, building, paint, soil etc is clearly visible which aggravate the agony of the people affected. The relief and rehabilitation is standing last in the queue of getting fund and therefore rehabilitation as such has been the last priority. The project is clearly violating the basic rights given to downtrodden villagers and tribals in the constitution of rights like right to life, right to healthy environment, right to education and many others. Government on the other hand, itself violates law by hindering and destroying the rich forest full of bio-diversity. Livelihood and culture of more than 7500 families from 25 villages is on the verge of extinction. Priminiary figures estimate 5000 sq. Km land, 9 lakh trees, 2500 kuccha and 200 pucca houses, 500 wells and about 30 govt school along with other building shall be doomed under water.
Earlier instances of Rihand dam, NTPC, coal mines etc. In such an apathetic situation the innocent poor traumatized people, for securing of their life and livelihood are demanding the following.
1. The people should not be uprooted from the land and forest of their ancestral settlements.
2. An independent high –level committee should be setup to enquire into the anomalies under the project mainly –
• Misuse of public funds under the project due to negligence of the project authority.
• Violations of recommendations given by the CWC and Environmental Board.
3. The compensation as paid to illiterate and ignorant people 25 year should be seen in the light of guidance’s given by the Supreme Court in the context of displacement and rehabilitation.
4. The relief and rehabilitation policy should strictly follow the guidelines and recommendation given by the NWDTA (Narmada Water Dispute Award)
5. A National Rehabilitation policy should be drafted with the consultation of displaced people.
These demands should be seen in the light of resettlement and rehabilitation national standards/SC verdicts/ and international convents to which India is also signatory.
Resettlement and Rehabilitation
India lacks a national policy on Rehabilitation Resettlement primarily because this area as per the seventh schedule of the constitution is responsibility of the state and not the center. Kanhar project, has reiterated the fact that resettlement and environment are if only secondary importance to the Government of India. Even after authenticated figures of massive involuntary displacement and planned implementation of rehabilitation if any. Established as synonyms of power since II world war by industrial and developing countries have built high dams in rural forest and frontier regions. Usually this development has resulted in the incursion of lands of indigenous and tribal people. The special socio – economic situation of these groups first gave rise to measures to protect person subject to involuntary resettlement.
The earlier international recognition of involuntary resettlement occurred in 1957 in that year International Labour Organization (ILO) passed Convention 107, which required that indigenous or tribal oustee families be “provided with lands of quality at least equal to that of the lands previously occupied by them, suitable to provide for their present need and future development.” India subsequently ratified the convention in September, 29, 1958. So, it becomes mandatory for the authorities to follow the convention ratified by India.
In 1980, the worlds bank adopted for the first time a general resettlement policy. Indeed the World Bank made clear in the policy that there must not only be resettlement but also rehabilitation. Therefore the policy provided that, upon resettlement, displaced persons should “regain at least their previous standard of living”. Such persons were to include those displaced by dams and canals.
Further in 1982, the World Bank developed a policy specified designed for tribal people. The policy provided that the customary usage of tribal land should be respected and required that the tribal people should only be displaced when the borrowing country can safeguard the integrity and well being of the tribal people effectively through resolution or other measures.
Compensation:
With the court’s 1993 decision in Nilabati Behera v.. State of Orissa, a constitutional right to monetary compensation for the unlawful deprivation of an article 21 right, seems well entrenched. Articulating the underlying principle on which the liability of the state arose for payment of compensation, the court stated. It may be mentioned straight away that award of compensation in a proceeding under article 32 by this court… is a remedy available in public law based on strict liability for contravention of fundamental rights to which the principle of sovereign immunity does not apply.
Although the numbers of people who will lose land in this project is an estimate, those who do lose land to the canal and irrigation system are offered compensation under the Land Acquisition Act of 1894. The acquisition of land under the Land Acquisition Act, though has often meant that farmer who lose their land are compensated at rates substantially lower than replacement costs. Thus, villagers living in the path of the canal have not been provided with resettlement benefits, as World Bank policy has required. In the case of the Kanhar, India and the affected states bound themselves to meet stricter standards for resettlement and rehabilitation that the government has agreed to in the past. India has ratified convention 107 in 1958. Furthermore, India and the concerned states signed the credit and loan agreements with the World Bank that contain explicit standards for resettlement and rehabilitation. Despite formal agreement to comply with these standards through India did not comply with the norms.
Why the International treaties and conventions should be adhered to?
In India, it is a settled principal of law that international treaties and conevants to which India is signatory, as well as established principles of international law, are to be read into the legal regime and fundamental rights of citizen of India. The Supreme Court has held in a large number of cases that International treaties and convenants can be read into the domestic fundamental rights guaranteed by the constitution. In Gramaphone Co. of India Ltd. Vs. B.B Pandey this court has held that:
There can be no question that nations must march with the international community and the municipal law must respect rules of international law even as nations respect international opinion. The comity of nations requires that rules of international law may be accommodated in the municipal law even through express legislative sanction provided they do not run into the conflict with the act of parliament. The doctrine of incorporation also recognizes the position that the rules of international law are incorporated into the national law and considered being under an obligation within legitimate limits, to so interpret the municipal status as to avoid confrontation with the comity of nations or the well established principles of international law.
Further in PUCL vs. Union of India this court while dealing with the applicability of the International Convenants on Civil and Political Rights 1966 held that “for it present it would suffice to state that the provisions of the convenants and which elucidate and go to effectuate the fundamentals rights guaranteed by our constitution, can certainly be relied upon by court as facets of those fundamental rights and hence enforceable as such”
In CERC vs. Union of India this court directed that the rules framed by the international labour organization for safety for the use of asbestos shall be binding in the convention and all industries in the country. This was also on the principle that International conventions can be read into domestic law. The WCD (World Commission on Dam) also relies upon international convention such as ILO 107 and ILO 169, the former of which has been ratified and is binding on India. Clearly on the basis of settled principles, these international declarations, treaties and charter can and would guide the elucidation of the domestic law in the country, in particular the fundamental rights.
Sample letter:
To,
………………………
……………………….
Sub:Fear of Internal Displacement of Dalit, Tribal and Muslim Minority in Sonbhadra of India
Dear Sir/Madam,
I want to bring in your kind attention on 15th January, 2011 at 2 pm the villagers of Sundari gathered in front of the primary school, of Sundari of Sonbhadra in UP against the construction of the dam in the open meeting called by the current village head Mr. Ram Vichar. When again the inauguration of foundation stone of Kanhar Dam by the Chief Minister of Uttar Pradesh Ms. Mayawati on 15th January, 2011 on her birthday. In the meeting they discussed the issue and decided the future course of action.
• Villagers oppose the construction of the big dam at kanahar but are in the favour of construction of the small dam for the irrigation through the lift cannel.
• They also decided to hold foot-march from Dudhi tehsil to Robersganj district head quarter by five thousand tribal and cover 100 km starting from March 10th – 15th, 2011.
I am informed that earlier the foundation stone of the Kanhar Dam was laid in 1976 by the Chief Minister of U.P, Mr. N.D. Tiwari. The proposed Kanhar Dam is located at Amawar village of Dudhi Tehsil in Sonbhadra district of Uttar Pradesh. if Kanhar dam would have been built on Kanhar River, a tributary of the Sone River, west of North Koel and east of Rihand tributaries would have wreaked havoc in Sonebhadra district (Uttar Pradesh), Sarguja District (Chhattisgarh) and Garhwa district (Jharkhand). After completion it would have submerged an area of 3000 hectares. It would have been expected to irrigate 25772 hectares of land in district Sonebhadra and 8,000 hectares in adjoining districts of Jharkhand and Madhya Pradesh. The dam would have displaced over 7,500 families from 25 villages from their ancestral land and homes in Uttar Pradesh, Chhattisgarh and Jharkhand.
I am also informed that fourteen villages of Sonebhadra district faced submergence so the tribals living in these villages decided to stall the project and then, they approached Maheshanand of Gram Swarajya Samiti (GSS) for guidance. GSS, which had been working in Dudhi and other blocks of Sonebhadra district since 1984, helped in garnering support and 'Kanhar Bachao Andolan' was formed on 23rd March 2002. Since the formation of Kanhar Bacho Andolan, every year on 23rd March tribals, women and activists gather at the construction site of the proposed project for continuing the struggle and taking to its logical culmination.
Therefore it is kind request please consider the demands of the villagers from Sunadari to oppose the construction of the big dam at Kanahar but are in the favour of construction of the small dam for the irrigation through the lift cannel. It is noted that big dam is responsible for international displacement and United nations(UN) mentioned the internal displacement persons as internal refugees.
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. Shri Pandhari Yadav
District Magistrate
Sonbhara
Phone: 05444-222190(O)
05444-222090 (Fax)
Email: dmson@up.nic.in
2. 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
3. Dr. Manmohan Singh
Prime Minister of India
Prime Minister Office
South Block, New Delhi -110001
Fax. No – 23016857, 23019545
Email: pmosb@pmo.nic.in
4. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg,
New Delhi, PIN 110001
Fax No. 23384863
E-Mail: covdnhrc@nic.in, ionhrc@nic.in
5. Shri Srikanta Panda
Director (IT), M/o Water Resources
421, Shram Shakti Bhawan
Rafi Marg, New Delhi -110001
Dirit-mowr@nic.in
6. Dr. Chaloka Beyani
Special Rapporteur on the human rights of internally displaced persons
Office of the High Commissioner for Human Rights
Palais des Nations
CH-1211 Geneva 10
Fax: + 41 22 917 9006
Switzerland
Email: urgent-action@ohchr.org
Urgent Appeal Desk (pvchr@pvchr.org)
Peoples' Vigilance Committee on Human Rights (PVCHR)
http://www.pvchr.org/
http://www.pvchr.net/
……………………………………………………………………………
28February, 2011
Dear Friends,
Peoples’ Vigilance Committee on Human Rights (PVCHR) got information from the Gramya Swaraj Samiti(GSS) member organization of National Alliance on Testimonial Therapy (NATT) that again foundation stone of Kanhar Dam in Sonbhadra of UP,India inaugurated on 15th January, 2011.
Case detail:
http://www.pvchr.net/2011/02/march-against-forced-displacement-in.html
On 15th January, 2011 at 2 pm the villagers of Sundari gathered in front of the primary school, Sundari against the construction of the dam in the open meeting called by the current village head Mr. Ram Vichar. When again the inauguration of foundation stone of Kanhar Dam by the Chief Minister of Uttar Pradesh Ms. Mayawati on 15th January, 2011 on her birthday. In the meeting they discussed the issue and decided the future course of action.
• Villagers oppose the construction of the big dam but are in the favour of construction of the small dam for the irrigation through the lift cannel.
• They also decided to hold foot-march from Dudhi tehsil to Robersganj district head quarter and cover 100 km starting from March 10th – 20th
More facts about Kanhar Dam
Earlier the foundation stone of the Kanhar Dam was laid in 1976 by the Chief Minister of U.P, Mr. N.D. Tiwari. The proposed Kanhar Dam is located at Amawar village of Dudhi Tehsil in Sonbhadra district of Uttar Pradesh. if Kanhar dam would have been built on Kanhar River, a tributary of the Sone River, west of North Koel and east of Rihand tributaries would have wreaked havoc in Sonebhadra district (Uttar Pradesh), Sarguja District (Chhattisgarh) and Garhwa district (Jharkhand). After completion it would have submerged an area of 3000 hectares. It would have been expected to irrigate 25772 hectares of land in district Sonebhadra and 8,000 hectares in adjoining districts of Jharkhand and Madhya Pradesh. The dam would have displaced over 7,500 families from 25 villages from their ancestral land and homes in Uttar Pradesh, Chhattisgarh and Jharkhand.
Kanhar multipurpose project got approval in September 1976 from Central Water Commission (CWC) with an initial cost of Rs 277.5 millions. It was technically approved in 1979 with a revised estimate of Rs. 558 million. Inter-state dispute between Madhya Pradesh, Bihar and Uttar Pradesh on submergence land was overlooked by CWC, finally sanctioned a revised estimated cost of Rs 694.7 million. The Department of Environment of all three states was ignored completely and also no proper survey was made which concealed and overlooked the real picture of the miserable and pathetic condition of tribals. Preliminary figures estimated 900,000 trees, 2500 kuccha and 200 pucca houses, 500 wells and about 30 Government schools along with few of the other buildings would have doomed under water.
Fourteen villages of Sonebhadra district faced submergence so the tribals living in these villages decided to stall the project and then, they approached Maheshanand of Gram Swarajya Samiti (GSS) for guidance. GSS, which had been working in Dudhi and other blocks of Sonebhadra district since 1984, helped in garnering support and 'Kanhar Bachao Andolan' was formed on 23rd March 2002. Since the formation of Kanhar Bacho Andolan, every year on 23rd March tribals, women and activists gather at the construction site of the proposed project for continuing the struggle and taking to its logical culmination. 23 rd March is a red-letter day in the India's history. It was the day when Bhagat Singh, Sukdev and Rajguru faced the gallows to free the country from British colonial fetters. GSS has facilitated with strategic framework of launching awareness campaign against the Kanhar Multipurpose project in the 25 villages of UP, Chhattisgarh and Jharkhand. It helped Kanhar Bachao Andolan to design its advocacy, action and capacity building programmes in these villages for bringing the local communities together to stall the project. A number of initiatives were carried out viz. meetings, camps, rallies, etc. Support from Civil Society from other parts of the state was received. In fact, Justice Mohd .Z. Yacoob, sitting Judge of constitution of South Africa, patron of Peoples’ Vigilance Committee on Human Rights (PVCHR) also came over, visited the area & participated in the meetings. Most of the work of construction of the dam had been completed.
In the anti-dam movement, women are at the forefront. When the Government expressed its unwillingness to go by people's wishes, women resolved that they would not allow the government to displace them. Women resolved to chase away those working in the project site. Women do not allow project related vehicles, machinery or personnel.
Viswanath Karwar, the chief functionary of Kanhar Bachao Andolan, “Guided by Gram Swarajya Samiti' tribals have been able to launch a relentless struggle for stalling the project. We could continue it as the feeling of losing land and forest is as stronger among the tribals as consequences of displacement. Tribals know if they are displaced then it would wreak havoc with their entire way of life and culture. Most importantly it would dismantle them from their ancient culture. It would rob their identities
Within a span of six years, Kanhar Bachao Andolan membership had swelled to 3025. It includes 1720 men and 1305 women. The Andolan has 22-member Central committee which links up with 25 villages through its local committee. The Central Committee’s office is in Sundari village, the first village to be submerged by the Kanhar dam, if constructed. Prior to its formation, the front ranking activists of KBA made a recce of the villages falling in the submergence zone. It facilitated the process of developing local committees in these villages. These local committees link up with the Central Committee for talking ahead the struggle. These committees have been formed in 11 villages consisting of 22 members with equal participation of men and women. The role of this Committee is to keep itself informed of the latest stand of the Government on the dam, keep others updated on the issue, plan out the strategy and mode of protest.
"Majority of the peasants and landless labourers belonging Gond, Pannika, Karwar, Pariha, Chero, Bhuiyan tribes and Muslims were facing displacement from the Kanhar project. Few among them are small and medium peasants but its predominantly landless peasants. Though few of the villagers have been issued job cards to work under much-touted National Rural Guarantee Employment Scheme (NREGP) but 60 to 70 percent villagers are forced to migrate to Gujarat and Maharashtra for earning their livelihood,” said Viswanath Karwar.
“After a lot of deliberations a consensus emerged from those facing displacement community that construction of the dam should be stalled forthwith. It was the women who took the lead in the struggle. Armed with whatever implements they had they launched physical assault on the workers. The workers, fearing their safety fled from the site. The construction of the dam has come to grinding halt. The machinery and spare parts have been dismantled and sold as scrap”, added Viswanath Karwar.
The struggle of the tribals shows that they cannot be subjugated by the pushing over them the development projects. The dominant development model is itself antagonistic to their survival. Gram Swarajya Samiti had been able to kindle in them through their struggle they establish their right not merely over their resources but also their right to life a life of their own choice amidst an environment over which they have control. The chief functionary of GSS Mr. Maheshanad faced the intimidation from the Kanhar Banao group.
As per UP Revenue Act, till 1986 there was no facility for Record Operation in the area. Thus all report were made on the basis of erroneous surveys. Taking advantage of this forest department took the land of poor innocent tribals under its possession, declaring it as reserve forest under section 4 and 20 of Indian Forest Act but forest dept flagrantly violated the provision of the forest act by not giving any notification neither in the invernacular nor to the villagers and Pradhan.
In a hurry to start the project work, the authorities gave negligible amount of compensation to some people. Most of them accepted it with a note of decent. As has been the practice shrewd landlord inhumanly took over the land of the poor and innocent traumatized people on throwaway prices to negotiate comparatively better compensation from authorities. Even today most of the poor residing on their land have got no compensation at all.
Lot of public money has been pumped into Kanhar Project. Sheer wastage of Rs. 50 – 60 cr in road, building, paint, soil etc is clearly visible which aggravate the agony of the people affected. The relief and rehabilitation is standing last in the queue of getting fund and therefore rehabilitation as such has been the last priority. The project is clearly violating the basic rights given to downtrodden villagers and tribals in the constitution of rights like right to life, right to healthy environment, right to education and many others. Government on the other hand, itself violates law by hindering and destroying the rich forest full of bio-diversity. Livelihood and culture of more than 7500 families from 25 villages is on the verge of extinction. Priminiary figures estimate 5000 sq. Km land, 9 lakh trees, 2500 kuccha and 200 pucca houses, 500 wells and about 30 govt school along with other building shall be doomed under water.
Earlier instances of Rihand dam, NTPC, coal mines etc. In such an apathetic situation the innocent poor traumatized people, for securing of their life and livelihood are demanding the following.
1. The people should not be uprooted from the land and forest of their ancestral settlements.
2. An independent high –level committee should be setup to enquire into the anomalies under the project mainly –
• Misuse of public funds under the project due to negligence of the project authority.
• Violations of recommendations given by the CWC and Environmental Board.
3. The compensation as paid to illiterate and ignorant people 25 year should be seen in the light of guidance’s given by the Supreme Court in the context of displacement and rehabilitation.
4. The relief and rehabilitation policy should strictly follow the guidelines and recommendation given by the NWDTA (Narmada Water Dispute Award)
5. A National Rehabilitation policy should be drafted with the consultation of displaced people.
These demands should be seen in the light of resettlement and rehabilitation national standards/SC verdicts/ and international convents to which India is also signatory.
Resettlement and Rehabilitation
India lacks a national policy on Rehabilitation Resettlement primarily because this area as per the seventh schedule of the constitution is responsibility of the state and not the center. Kanhar project, has reiterated the fact that resettlement and environment are if only secondary importance to the Government of India. Even after authenticated figures of massive involuntary displacement and planned implementation of rehabilitation if any. Established as synonyms of power since II world war by industrial and developing countries have built high dams in rural forest and frontier regions. Usually this development has resulted in the incursion of lands of indigenous and tribal people. The special socio – economic situation of these groups first gave rise to measures to protect person subject to involuntary resettlement.
The earlier international recognition of involuntary resettlement occurred in 1957 in that year International Labour Organization (ILO) passed Convention 107, which required that indigenous or tribal oustee families be “provided with lands of quality at least equal to that of the lands previously occupied by them, suitable to provide for their present need and future development.” India subsequently ratified the convention in September, 29, 1958. So, it becomes mandatory for the authorities to follow the convention ratified by India.
In 1980, the worlds bank adopted for the first time a general resettlement policy. Indeed the World Bank made clear in the policy that there must not only be resettlement but also rehabilitation. Therefore the policy provided that, upon resettlement, displaced persons should “regain at least their previous standard of living”. Such persons were to include those displaced by dams and canals.
Further in 1982, the World Bank developed a policy specified designed for tribal people. The policy provided that the customary usage of tribal land should be respected and required that the tribal people should only be displaced when the borrowing country can safeguard the integrity and well being of the tribal people effectively through resolution or other measures.
Compensation:
With the court’s 1993 decision in Nilabati Behera v.. State of Orissa, a constitutional right to monetary compensation for the unlawful deprivation of an article 21 right, seems well entrenched. Articulating the underlying principle on which the liability of the state arose for payment of compensation, the court stated. It may be mentioned straight away that award of compensation in a proceeding under article 32 by this court… is a remedy available in public law based on strict liability for contravention of fundamental rights to which the principle of sovereign immunity does not apply.
Although the numbers of people who will lose land in this project is an estimate, those who do lose land to the canal and irrigation system are offered compensation under the Land Acquisition Act of 1894. The acquisition of land under the Land Acquisition Act, though has often meant that farmer who lose their land are compensated at rates substantially lower than replacement costs. Thus, villagers living in the path of the canal have not been provided with resettlement benefits, as World Bank policy has required. In the case of the Kanhar, India and the affected states bound themselves to meet stricter standards for resettlement and rehabilitation that the government has agreed to in the past. India has ratified convention 107 in 1958. Furthermore, India and the concerned states signed the credit and loan agreements with the World Bank that contain explicit standards for resettlement and rehabilitation. Despite formal agreement to comply with these standards through India did not comply with the norms.
Why the International treaties and conventions should be adhered to?
In India, it is a settled principal of law that international treaties and conevants to which India is signatory, as well as established principles of international law, are to be read into the legal regime and fundamental rights of citizen of India. The Supreme Court has held in a large number of cases that International treaties and convenants can be read into the domestic fundamental rights guaranteed by the constitution. In Gramaphone Co. of India Ltd. Vs. B.B Pandey this court has held that:
There can be no question that nations must march with the international community and the municipal law must respect rules of international law even as nations respect international opinion. The comity of nations requires that rules of international law may be accommodated in the municipal law even through express legislative sanction provided they do not run into the conflict with the act of parliament. The doctrine of incorporation also recognizes the position that the rules of international law are incorporated into the national law and considered being under an obligation within legitimate limits, to so interpret the municipal status as to avoid confrontation with the comity of nations or the well established principles of international law.
Further in PUCL vs. Union of India this court while dealing with the applicability of the International Convenants on Civil and Political Rights 1966 held that “for it present it would suffice to state that the provisions of the convenants and which elucidate and go to effectuate the fundamentals rights guaranteed by our constitution, can certainly be relied upon by court as facets of those fundamental rights and hence enforceable as such”
In CERC vs. Union of India this court directed that the rules framed by the international labour organization for safety for the use of asbestos shall be binding in the convention and all industries in the country. This was also on the principle that International conventions can be read into domestic law. The WCD (World Commission on Dam) also relies upon international convention such as ILO 107 and ILO 169, the former of which has been ratified and is binding on India. Clearly on the basis of settled principles, these international declarations, treaties and charter can and would guide the elucidation of the domestic law in the country, in particular the fundamental rights.
Sample letter:
To,
………………………
……………………….
Sub:Fear of Internal Displacement of Dalit, Tribal and Muslim Minority in Sonbhadra of India
Dear Sir/Madam,
I want to bring in your kind attention on 15th January, 2011 at 2 pm the villagers of Sundari gathered in front of the primary school, of Sundari of Sonbhadra in UP against the construction of the dam in the open meeting called by the current village head Mr. Ram Vichar. When again the inauguration of foundation stone of Kanhar Dam by the Chief Minister of Uttar Pradesh Ms. Mayawati on 15th January, 2011 on her birthday. In the meeting they discussed the issue and decided the future course of action.
• Villagers oppose the construction of the big dam at kanahar but are in the favour of construction of the small dam for the irrigation through the lift cannel.
• They also decided to hold foot-march from Dudhi tehsil to Robersganj district head quarter by five thousand tribal and cover 100 km starting from March 10th – 15th, 2011.
I am informed that earlier the foundation stone of the Kanhar Dam was laid in 1976 by the Chief Minister of U.P, Mr. N.D. Tiwari. The proposed Kanhar Dam is located at Amawar village of Dudhi Tehsil in Sonbhadra district of Uttar Pradesh. if Kanhar dam would have been built on Kanhar River, a tributary of the Sone River, west of North Koel and east of Rihand tributaries would have wreaked havoc in Sonebhadra district (Uttar Pradesh), Sarguja District (Chhattisgarh) and Garhwa district (Jharkhand). After completion it would have submerged an area of 3000 hectares. It would have been expected to irrigate 25772 hectares of land in district Sonebhadra and 8,000 hectares in adjoining districts of Jharkhand and Madhya Pradesh. The dam would have displaced over 7,500 families from 25 villages from their ancestral land and homes in Uttar Pradesh, Chhattisgarh and Jharkhand.
I am also informed that fourteen villages of Sonebhadra district faced submergence so the tribals living in these villages decided to stall the project and then, they approached Maheshanand of Gram Swarajya Samiti (GSS) for guidance. GSS, which had been working in Dudhi and other blocks of Sonebhadra district since 1984, helped in garnering support and 'Kanhar Bachao Andolan' was formed on 23rd March 2002. Since the formation of Kanhar Bacho Andolan, every year on 23rd March tribals, women and activists gather at the construction site of the proposed project for continuing the struggle and taking to its logical culmination.
Therefore it is kind request please consider the demands of the villagers from Sunadari to oppose the construction of the big dam at Kanahar but are in the favour of construction of the small dam for the irrigation through the lift cannel. It is noted that big dam is responsible for international displacement and United nations(UN) mentioned the internal displacement persons as internal refugees.
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. Shri Pandhari Yadav
District Magistrate
Sonbhara
Phone: 05444-222190(O)
05444-222090 (Fax)
Email: dmson@up.nic.in
2. 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
3. Dr. Manmohan Singh
Prime Minister of India
Prime Minister Office
South Block, New Delhi -110001
Fax. No – 23016857, 23019545
Email: pmosb@pmo.nic.in
4. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg,
New Delhi, PIN 110001
Fax No. 23384863
E-Mail: covdnhrc@nic.in, ionhrc@nic.in
5. Shri Srikanta Panda
Director (IT), M/o Water Resources
421, Shram Shakti Bhawan
Rafi Marg, New Delhi -110001
Dirit-mowr@nic.in
6. Dr. Chaloka Beyani
Special Rapporteur on the human rights of internally displaced persons
Office of the High Commissioner for Human Rights
Palais des Nations
CH-1211 Geneva 10
Fax: + 41 22 917 9006
Switzerland
Email: urgent-action@ohchr.org
Urgent Appeal Desk (pvchr@pvchr.org)
Peoples' Vigilance Committee on Human Rights (PVCHR)
http://www.pvchr.org/
http://www.pvchr.net/
Sunday, February 27, 2011
Invitation of Human Rights Defenders
Dear Friends,
Greetings from PVCHR.
You are cordially invited to participate in the meeting on the situation of human rights defender of Uttar Pradesh hold by PVCHR (Peoples ‘Vigilance Committee on Human Rights) under EU project on reducing the police torture of Muslim Minority and Human Rights Defenders Alert. The purpose of the meeting is those human rights defenders associated with Minority, Dalit, Tribal, Women and Children of Uttar Pradesh are continuously getting threat. Now the question arises about the security of human rights defenders.
The National Human Rights Commission, India, 2010 has listed 25 cases related to Human Rights Defenders, out of which 12 cases are from Uttar Pradesh. The national and regional political parties have been expressing their concerns on growing number of attacks on the human rights defenders in the state.[i]
Mr. Ajeet, Ms Manju and Mr. Atul Sharma face extreme threat for their work against child trafficking. Both Sanjay and Anil Singh from Bundelkhand known for their work on water rights and empowerment of women lost their activist father last year. The accused, a sympathizer of ruling party absconded from the court premises and now threat to kill both brothers. Dalit activist, Mr. Harilal was killed by the mafias controlling employment generation programme for poor like MGNEREGA. Mr. Mangla who works on dalit rights was denied bail by the court on a bailable offence. Dr. Lenin Raghuvanshi, Shruti Nagvanshi with five colleagues’ were charged under IPC 505 B. Also Ms. Shruti faced attack by the Upper caste people. The state of Uttar Pradesh throws an interesting example of nexus among judiciary, police, political parties and non state actors against the human rights defenders.
Date: 16th March, 2011 Time: 10 am to 4 pm
Place: Paradkar Smriti Bhawan, Maidagin, Varanasi
Looking forward for your kind participation.
With regards,
Dr. Lenin
Executive Director/Secretary General -PVCHR/JMN
Mobile:+91-9935599333
http://www.pvchr.org/
http://www.pvchr.net/
http://www.youtube.com/watch?v=QneeF845MfE
________________________________________
[i] http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.nhrc.nic.in%2FHRD_cases.doc&h=13124
Greetings from PVCHR.
You are cordially invited to participate in the meeting on the situation of human rights defender of Uttar Pradesh hold by PVCHR (Peoples ‘Vigilance Committee on Human Rights) under EU project on reducing the police torture of Muslim Minority and Human Rights Defenders Alert. The purpose of the meeting is those human rights defenders associated with Minority, Dalit, Tribal, Women and Children of Uttar Pradesh are continuously getting threat. Now the question arises about the security of human rights defenders.
The National Human Rights Commission, India, 2010 has listed 25 cases related to Human Rights Defenders, out of which 12 cases are from Uttar Pradesh. The national and regional political parties have been expressing their concerns on growing number of attacks on the human rights defenders in the state.[i]
Mr. Ajeet, Ms Manju and Mr. Atul Sharma face extreme threat for their work against child trafficking. Both Sanjay and Anil Singh from Bundelkhand known for their work on water rights and empowerment of women lost their activist father last year. The accused, a sympathizer of ruling party absconded from the court premises and now threat to kill both brothers. Dalit activist, Mr. Harilal was killed by the mafias controlling employment generation programme for poor like MGNEREGA. Mr. Mangla who works on dalit rights was denied bail by the court on a bailable offence. Dr. Lenin Raghuvanshi, Shruti Nagvanshi with five colleagues’ were charged under IPC 505 B. Also Ms. Shruti faced attack by the Upper caste people. The state of Uttar Pradesh throws an interesting example of nexus among judiciary, police, political parties and non state actors against the human rights defenders.
Date: 16th March, 2011 Time: 10 am to 4 pm
Place: Paradkar Smriti Bhawan, Maidagin, Varanasi
Looking forward for your kind participation.
With regards,
Dr. Lenin
Executive Director/Secretary General -PVCHR/JMN
Mobile:+91-9935599333
http://www.pvchr.org/
http://www.pvchr.net/
http://www.youtube.com/watch?v=QneeF845MfE
________________________________________
[i] http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.nhrc.nic.in%2FHRD_cases.doc&h=13124
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