Sunday, May 29, 2011
Saturday, May 28, 2011
TESTIMONY OF A DALIT GOVERNMENT OFFICIAL FACING CASTE BASED HARASSMENT & DISCRIMINATION AT WORK PLACE
To,
Prime Minister
Government of India
New Delhi
Subject: re: caste based harassment and discrimination by the dalit government official at the workplace.
Respected Sir,
I bring in bring in your kind attention towards MANISH K BAINIWAL working as GENERAL MANAGER, PEC Ltd. (A Government of India Undertaking - under Ministry of Commerce) is facing cased based harassment and discrimination at workplace. (Please find his testimony as annexure I)
Therefore it is a kind and humble request to you to conduct high level inquiry in this matter and also provide psycho- legal support to him.
Thanking You
Sincerely Yours
Dr. Lenin Raghuvanshi
Secretary General)
Peoples’ Vigilance Committee on Human Rights (PVCHR)
Testimony
I am MANISH K BAINIWAL working as GENERAL MANAGER, PEC Ltd.(A Government of India Undertaking - under Ministry of Commerce)
High Caste people's atrocities & discrimination is not only victimising rural & poor dalits (Scheduled Castes & Scheduled Tribes); the unfortunate deeply rooted tendencies to treat the dalits as lower grade citizens are prevalent in highly advanced corporate & bureaucratic society also and equally serious & inhuman as against the rural & poor dalits.
In my case severe harassment is being inflicted against me in the white collar high profile indian society emanating from these practices, where torture goes on unstopped; and my all complaints to various government authorities have so far gone unheard without action to restrain the continuing torture. Due to no action from anywhere on my complaints, conspired harassment & caste hatred & personal harm is being inflicted repeatedly and increasingly.
Members of depressed castes (dalit communities) who come to senior positions in government & public sector organisations after great struggle, are made easy target by the high caste oppressors, like in my case. The casteist elements dominating the bureaucracy at official positions make the life difficult for them and put all efforts to curb their growth through vicious tricks. This inhuman discrimination & harassment is horrible when someone (SC/ST executive) progresses to the senior position at an early age through his hard work, as in my case.
In my case, the torture goes on unstopped despite the case going upto Supreme Court of India & National Commission for Scheduled Castes & also to other government authorities (pending with NCSC since Sep,2008) ; and therefore casteist management led by Chairman-cum-Managing Director of the organisation enjoying full liberty & impunity to effect all sorts of atrocities against a dalit (Scheduled Caste) employee (me) who dared to complaint against the caste discrimination practiced by them.
I work as a General Manager in a government of India organisation & was posted at New Delhi head office till December,2009 and belong to Scheduled Caste category. In my case, I am a victim of the caste based tendencies of the top officers of the organisation, who do not want any dalit (scheduled caste) officer, at any cost, at the controlling positions in the organisation. In fact, in this govt organisation, some high caste top officials are freely acting as the casteist criminals, misusing their high official positions for caste hatred & caste harassment, and therefore they do not allow any SC/ST senior official to work in controlling position at Delhi Head Office of this organisation (either they force such dalit official to sit idle without important work, or they transfer him outstation arbitrarily). This company is in the business of international trade. Due to the influential positions of high casteist officials, there is no check or restraint over their caste harassment practice, by the Ministry of Commerce & Industry, under whom this company operates. So, Ministry indirectly supports this caste harassments.
As I rose to senior levels at an early age and also became the senior most SC officer at the organisation's head quarters, I became the target of their caste hatred generated conspired actions aimed to harm my career. Since I belong to the most backward & helpless dalit community (Valmiki community or scavenger community), casteist oppressors have found me as easy target. People of such castes (considered to be most backward & weakest caste) who come to senior positions after great struggle, are made easy target by the high caste oppressors, like in my case.
I have an excellent service record and also have all the required qualifications (Bachelor of Engineering - Mechanical & MBA) & job experience to handle any responsibility in the organisation. I have also served as I.E.S. (Indian Engineering Services) which is the highest ranked government service for engineers in India . It was due to my performance that in this organisation became General Manager at an early age of 39 years in 2008. Since I attained senior positions (since year 2003-2004), biased management started various mischievous tricks to keep me away from the responsible/controlling positions. They comprise of some top officials of the organisation working like a communal gang or anti-SC/ST gang (led by CMD (Chairman-cum-Managing Director) of the organisation in these acts) and have been using various tricks to create fake & misrepresented grounds to discriminate against me and to cause torture (physically as well as mentally) and humiliations.
Whenever I have questioned these mala-fide actions & plans, they have humiliated & threatened me also pointing out my caste & category; and also harmed me at every opportunity. For last few years, they have made me sit idle without work, in order to implement their caste based conspiracy to dissociate me from this organisation’s business, treating me as untouchable in a government organisation. Such tendencies are the violation of Constitution of India and also SC/ST (Prevention Of Atrocities) Act but these oppressors are freely carrying out these activities against me in open violation of all laws despite being government officials. They have no fear of any law or any government authority and carry out these inhuman misdeeds unabated. Even they forced me to sit/work in a room for many months in the office which was in dangerous working conditions (with seepage affected damaged ceiling / false ceiling) and also dirty & foul smelling due to severe seepage, where the false ceiling fell twice and I escaped only luckily on two occasions. On another occasion, in order to humiliate me and due to their caste hatred they performed "Puja" (religious worship ceremony, aimed to purify something/some place considered to be untouchable & hated) at the place (hall) in the office where I used to sit and to which they/their accomplice officials were shifting and the three high caste officials of perpetrators’ gang were going to occupy the three rooms in that hall; therefore they purified that place by "Puja" because they considered that place as impure & untouchable due to having been used by a harassed victimized dalit officer.
On the same occasion to harass me in the worst way they shifted me from the bigger room in that hall to a smaller room to accommodate a high caste official (of same rank as mine) in the bigger room and also broke open my room to perform "puja" there too. To further harass I was shifted to a room which was even smaller than the adjacent room of my junior. Humiliating publicly and encouraging other employees to humiliate me has been a regular feature. Discriminations & harassment in my official functioning and in my career development is a common thing for them. Freely they have been flouting the rules/laws, misrepresenting the facts, concealing the facts, creating fake documents to create false grounds to harm me personally and to harm my official functioning at the workplace, misusing their influential official positions. But no authority listens to my complaints against this torture & their misdeeds & crimes. This is further painful that the most important government authority in India responsible for protection against these atrocities - National Commission for Scheduled Castes (NCSC), has not given the justice despite time taking repeated correspondence with them and despite being reported about every misdeed of perpetrators. On repeated persuasions, one "Hearing" & further "Police (Vigilance) Inquiry" (by NCSC) have been conducted, but no justice inspite of this because under the unfair influence of perpetrators, NCSC & Police have been trying to twist the case in their favour, ignoring all the facts & evidences of their misdeeds/atrocities. NCSC & Police also keep ignoring the complaints of our organisation’s SC/ST Employees Welfare Association against the widespread caste harassment & discrimination by the said officials (oppressors). Despite directions by National Commission for SC, to (in the Hearing in Nov,2008)
to stop discrimination & to treat me fairly, oppressors did not stop; rather increasingly harassed me and NCSC did not hear & acted on my complaints of further increased harassment. Thereafter, National Commission unfairly tried to close the case, even before getting the Police Inquiry Report, in August,2009 by making unfair non-relevant basis that "there is no violation of reservation & service safeguard rules for scheduled castes" (although my complaint is against the torture, untouchability, harassment & discrimination; and does not pertain to reservation & service safeguard rules). Also surprisingly, this letter NCSC issued through their SSW Wing which does not deal atrocities & harassment matters (hence stands invalid for my case), whereas my matter is being dealt by their other wing (APCR Wing) which deals with atrocities (and is still pending & being dealt without justice and any control on continuing harassment by oppressors).
Against my application for information under RTI Act (Right To Information Act), NCSC & Police did not give satisfactory replies and denied requested information on my case and therefore I had to appeal to CIC (Central Information Commission) to obtain the relevant information & documents from NCSC files. However it clarifies how the protecter of dalits (NCSC) favour oppressors torturing innocent dalit officers and fools the victim by playing unfair tricks with him & twisting his case in oppressors' favour. Also NCSC tried to endorse the false misrepresented statements against me by the accused people instead of considering the facts submitted by me. To my replies on such unfair dealings by NCSC and to my repeated requests to restrain the continuing atrocities, NCSC does not respond. Due to such irresponsible & unfair approach of NCSC, the Vigilance Inquiry by Delhi Police on NCSC's order, to inquire the atrocities has been totally unfairly & one sided, conducted under connivance between police & oppressors. Like NCSC, Police has also tried to ignore, hide & twist the facts related to atrocities and to highlight the false misrepresented statements by the accused. The Police Inquiry was conducted completely according to wishes of the accused people. Police did not inquire on many incidents of hate & atrocities reported by me, like, oppressors unlawfully influencing the police inquiry by forcing the SC/ST/OBC employees to sign statements in their favour in the form of Commendation Certificates (I & also SC/ST Emplyees Association of our organization reported this incident to police alongwith the documentary evidences, but police unfairly ignored this every time). I have sent the appropriate reply (objections) to the NCSC exposing all this improperness & unfairness in the police inquiry & the oppressors misdeeds/atrocities left uninquired by the police, but police could not reply till date & misrepresent the facts repeatedly according to the wishes of perpetrators (police keep sending only false & divergent replies). Police has not filed the FIR till date. In fact Police is acting as one of the oppressors, instead of being inquiring or law enforcement agency. Matter is still with NCSC and investigations are in progress by NCSC's APCR Section, but no justice even after more than 2.5 years of my complaint. Encouraged by the situation of no justice from anywhere, management has issued transfer order for my transfer from Delhi to Hyderabad on 4.12.2009 ( Hyderabad is 1700 km away from Delhi with 28 hours rail journey). For the transfer they chose the occasion when my daughter & myself were ill and issued the transfer order without relieving order in violation of Government rules. I had no option but to file a court case in Delhi High Court, with the hope that indian judiciary is free from bias and will get justice. However I faced indifferent attitudes there too. I did not get Stay or Abeyance on harassment transfer. High Court rejected the stay on the basis of false grounds given by the management (oppressors) that I have been relieved (in fact I was not relieved which was informed to court under my writ petition but court did not notice this fact & also did not notice the facts of caste harassment & discrimination and the fact that I was transferred in total discrimination since other high caste officers of my rank are never transferred out of station & oppressors have been misusing the situation of the organization having no transfer policy to harass mostly SC/ST employees, by arbitrary transfers. Also High Court did not notice that I was transferred illegally during the pendency of the NCSC investigations against perpetrators).
I joined the transfer in March,2010. Before that I was on medical leave since the transfer. Fearless of any law of the country, casteist management continue using the various harassment methods and tactics to spoil my record. In disregard to any law I am posted at Hyderabad branch without my requirement there since there is no work there & also adequate resources/staff/office items for the work are not intentionally provided by oppressors with the aim to harm my official functioning there too and hence to harm my service record. Also a senior officer of GM level is not required at all there but still I was transferred and court did not notice this fact too. Obviously that place (Hyderabad office) is maintained by the casteist management as a place, exclusively for harassment of dalits, as all employees posted there are dalits & OBC ( 3 are SC/ST and 1 is OBC); also that place being maintained in shameful conditions without basic facilities required for executives (due to perpetrator's intentions of harassment & humiliation). I have also experienced the legal system of India and worried how legal system will help which has the highest responsibility to provide justice without any partiality and who are called "my lord" only because all should be equal for them............!! One of the high court judge even resorted to biased discriminatory behaviour in the court hearings even made casteist remarks. So, the Judge himself acted as perpetrator. I have complained against him in the Ministry of Law & Justice and action on the complaint is pending. To know about the action taken on my complaint against the judge, I had to go upto CIC under the RTI Act, where CIC directed the CPIO (Central Public Information Officer) of the Ministry of Law & Justice, to forward my complaint to the concerned authorities. Even after no action informed to me, after the CPIO/Deptt of Justice forwarded my complaint to Chief Justice of Delhi High Court for action.view by him; hence, I had to again send RTI Appeal to CIC against the public information authorities of both (Deptt of Justice & Delhi High Court).After I did not get the justice due to insensitiveness of judiciary at high court, I went to Supreme Court but did not get justice from there, where my grievances of discrimination & caste harassment remained unaddressed; and court did not notice arbitrariness and misuse of their official position in the Government by the oppressors. In the process and Supreme Court’s decision not going in my favour, casteist management has got highly encouraged to take the revenge for court cases & complaints, by torturing me by all sorts of conspired harassment actions.
They are bent upon to spoil my service record and to implicate me in false & fake charges ; and there is nobody whom I can complaint against this inhuman harassment & atrocities (atrocities - in return of my long dedicated performance for the organisation/government). Under the circumstances, I am forced to be kept transferred at the far-off place from my family, for the whole life, since there are no transfer rules / transfer policy in this organisation and casteist management misuse this position to victimise the selected employees (mostly SC/ST employees on proportional basis) to transfer them for their whole service period; and no court of law asked them on this irregularity & arbitrary functioning); and also I am exposed to further unlawful arbitrary revengeful torture under this situation. The Question is:- When the qualified & well income people & high officials can not get justice from anywhere and casteists enjoy the full liberty to torture them even in the government organisations based in the Capital of India, how the poor & weak ordinary dalits will get justice and from where ?
After Supreme Court decision on 5th July,2010 oppressors got highly emboldened and started repeated harassment actions like they have the license to harass me. Repeated harassment, like, not sanctioning my medical leaves; withdrawing my statutory delegated powers for sanctioning my tours; causing heavy financial losses by reducing my PRP(performance related pay) by forcibly downgarading my performance by cutting off inputs required for work/performance (like - staff, office equipments, official tours, trainings, proper work allocation etc), denying the relevant trainings; denying the officially required information for my official functioning; making my subordinates work against me; unfairly not considering my claim for the vacant position recently created at my home town station (Delhi) & unfairly giving charge of that position to other high caste official unlawfully without any office order and also creation of fake documents for that purpose; creating fake documents to unfairly deny me the essentially required trainings; & serving the memo with fake charges ; not writing my CR for year 2009-10 till date (not sending to me self-appraisal form or such other part of CR to be filled/signed by me), denying the essential resources for my official functioning, like- staff, furniture, office equipment hence forcing to work in a shameful working conditions with rotten & broken furniture in insufficient quantity, despite being an international trade company requiring highest standard ambience / facilities / furniture which it is in fact maintaining in other office premises but denying to my office due to caste hatred; also forcing such sub-standard conditions for official dormitory in Hyderabad by denying facilities & upgradation.
In fact oppressors maintain this branch office only for harassment of SC/ST/OBC employees posted here not for organisation's business/benefit, since all 4 employees posted here are only SC/ST/OBC; hence these casteist bureaucrats are practicing caste harassment by maintaining exclusive harassment/torture places using govt funds (all posted out of station with no limit specified for their transfer period in the absence of transfer policy/rules, hence harassment postings for all).
Ministry of Commerce & Industry, which is the controlling Ministry of this organization, has been regularly informed on the repeated caste harassment taking place but they have never exercised any restraint / check over the casteist oppressors. Ministry has the duty to check such inhuman caste discrimination in the organizations working under them, but in this case of caste harassment they only act as mute spectator, and hence indirectly support oppressors.
Recently I filed the court cases in Delhi High Court against the casteist officials' extreme unlawful harassment action of making my medical leave unauthorised, deducting my salary on this false ground, stopping my due annual increment & serving memo with fake charges; Court has served notice to them and has asked them to submit their counter reply. (In the latest CIC order dt.31.12.10 against my RTI application dt.7.7.10 for knowing the reasons for delay in sanction of my medical leave, CIC has ordered the oppressors to allow me the inspection of their records because they were denying me the information sought under my RTI application) . Despitr CIC order,accused officials again denied the inspection of records requested by me during my leave in Delhi in 17-21 January,11, due to which I had to again send the RTI Appeal to CIC on 19.1.11. I could inspect the records during my leave but, in order to michievously deny inspection, oppressors asked me to inspect after this period and at the same time also sent some documents (stated to be information required under my RTI appeal/application), which were not complying to RTI requirements). Also in my RTI appeal dt.19.1.11 I have requested CIC to impose penalty on them for intentional harassment to me in RTI matter & for violation of RTI rules.
Again on 15.4.2011 the oppressors, denied required information against my RTI application dt.18.3.11, where I sought the relevant information after I was heavily harmed financially by unfairly & mischievously reducing my PRP (performance related pay) in Feb,2011 by unfairly reducing my CR Rating ; Again I had to send the RTI Appeal.
I wait how court will decide this time ! I am fighting against the harassment in the court and hope one day I will get justice (though so far I have experienced that judiciary is insensitive in the caste atrocities matters and treats victim/complainant like culprit and oppressor like complainant). The case given here is only in brief. In fact there is a long list of irregularities, misdeeds, falsifications, misrepresentation, inventions of false grounds, concealments committed by the oppressors (casteist management), from which courts, SC Commission & authorities have constantly turned a blind eye. This can be explained through detailed discussions or through documents.
This is an international trade company of Govt Of India where I work. And during my service there I gained expertise in handling the company's business (although always made to work with the minimum possible resources & facilities & support due to general attitude of caseist people against SC/ST) and therefore, was getting in the line to reach the controlling positions of the company in due course of time. This is the reason, conspiracies & harassment started by casteist CMD & his accomplices to prevent such prospects for a Dalit, at any cost.
In this company no other high caste officer of my rank or above has been transferred outstation second time. In fact except some rare exceptions all of them are never transferred through out their service. But I have been transferred second time. Earlier I was transferred to Chennai (in 1998). Only one other SC GM (now CGM) in this company was also transferred outside Delhi earlier. I have been the senior most SC (dalit) officer at Delhi HQ with further scope of growth which was not tolerable to casteist management officials, hence they conspired to harass & harm me.
In fact these casteist official’s approach of discrimination & harassment against me has now taken the form of my destruction, as nobody in the whole system checks these inhuman abuses.I need justice against the continuing unchecked inhuman caste hatred motivated torture & harassment.
You can contact him on: -
MANISH K BAINIWAL,
GENERAL MANAGER, PEC Ltd.(A Government of India Undertaking - under Ministry of Commerce),
Ph. 91-9701698882, 011-65152998
Email Id: bainiwalm@yahoo.co.in
Prime Minister
Government of India
New Delhi
Subject: re: caste based harassment and discrimination by the dalit government official at the workplace.
Respected Sir,
I bring in bring in your kind attention towards MANISH K BAINIWAL working as GENERAL MANAGER, PEC Ltd. (A Government of India Undertaking - under Ministry of Commerce) is facing cased based harassment and discrimination at workplace. (Please find his testimony as annexure I)
Therefore it is a kind and humble request to you to conduct high level inquiry in this matter and also provide psycho- legal support to him.
Thanking You
Sincerely Yours
Dr. Lenin Raghuvanshi
Secretary General)
Peoples’ Vigilance Committee on Human Rights (PVCHR)
Testimony
I am MANISH K BAINIWAL working as GENERAL MANAGER, PEC Ltd.(A Government of India Undertaking - under Ministry of Commerce)
High Caste people's atrocities & discrimination is not only victimising rural & poor dalits (Scheduled Castes & Scheduled Tribes); the unfortunate deeply rooted tendencies to treat the dalits as lower grade citizens are prevalent in highly advanced corporate & bureaucratic society also and equally serious & inhuman as against the rural & poor dalits.
In my case severe harassment is being inflicted against me in the white collar high profile indian society emanating from these practices, where torture goes on unstopped; and my all complaints to various government authorities have so far gone unheard without action to restrain the continuing torture. Due to no action from anywhere on my complaints, conspired harassment & caste hatred & personal harm is being inflicted repeatedly and increasingly.
Members of depressed castes (dalit communities) who come to senior positions in government & public sector organisations after great struggle, are made easy target by the high caste oppressors, like in my case. The casteist elements dominating the bureaucracy at official positions make the life difficult for them and put all efforts to curb their growth through vicious tricks. This inhuman discrimination & harassment is horrible when someone (SC/ST executive) progresses to the senior position at an early age through his hard work, as in my case.
In my case, the torture goes on unstopped despite the case going upto Supreme Court of India & National Commission for Scheduled Castes & also to other government authorities (pending with NCSC since Sep,2008) ; and therefore casteist management led by Chairman-cum-Managing Director of the organisation enjoying full liberty & impunity to effect all sorts of atrocities against a dalit (Scheduled Caste) employee (me) who dared to complaint against the caste discrimination practiced by them.
I work as a General Manager in a government of India organisation & was posted at New Delhi head office till December,2009 and belong to Scheduled Caste category. In my case, I am a victim of the caste based tendencies of the top officers of the organisation, who do not want any dalit (scheduled caste) officer, at any cost, at the controlling positions in the organisation. In fact, in this govt organisation, some high caste top officials are freely acting as the casteist criminals, misusing their high official positions for caste hatred & caste harassment, and therefore they do not allow any SC/ST senior official to work in controlling position at Delhi Head Office of this organisation (either they force such dalit official to sit idle without important work, or they transfer him outstation arbitrarily). This company is in the business of international trade. Due to the influential positions of high casteist officials, there is no check or restraint over their caste harassment practice, by the Ministry of Commerce & Industry, under whom this company operates. So, Ministry indirectly supports this caste harassments.
As I rose to senior levels at an early age and also became the senior most SC officer at the organisation's head quarters, I became the target of their caste hatred generated conspired actions aimed to harm my career. Since I belong to the most backward & helpless dalit community (Valmiki community or scavenger community), casteist oppressors have found me as easy target. People of such castes (considered to be most backward & weakest caste) who come to senior positions after great struggle, are made easy target by the high caste oppressors, like in my case.
I have an excellent service record and also have all the required qualifications (Bachelor of Engineering - Mechanical & MBA) & job experience to handle any responsibility in the organisation. I have also served as I.E.S. (Indian Engineering Services) which is the highest ranked government service for engineers in India . It was due to my performance that in this organisation became General Manager at an early age of 39 years in 2008. Since I attained senior positions (since year 2003-2004), biased management started various mischievous tricks to keep me away from the responsible/controlling positions. They comprise of some top officials of the organisation working like a communal gang or anti-SC/ST gang (led by CMD (Chairman-cum-Managing Director) of the organisation in these acts) and have been using various tricks to create fake & misrepresented grounds to discriminate against me and to cause torture (physically as well as mentally) and humiliations.
Whenever I have questioned these mala-fide actions & plans, they have humiliated & threatened me also pointing out my caste & category; and also harmed me at every opportunity. For last few years, they have made me sit idle without work, in order to implement their caste based conspiracy to dissociate me from this organisation’s business, treating me as untouchable in a government organisation. Such tendencies are the violation of Constitution of India and also SC/ST (Prevention Of Atrocities) Act but these oppressors are freely carrying out these activities against me in open violation of all laws despite being government officials. They have no fear of any law or any government authority and carry out these inhuman misdeeds unabated. Even they forced me to sit/work in a room for many months in the office which was in dangerous working conditions (with seepage affected damaged ceiling / false ceiling) and also dirty & foul smelling due to severe seepage, where the false ceiling fell twice and I escaped only luckily on two occasions. On another occasion, in order to humiliate me and due to their caste hatred they performed "Puja" (religious worship ceremony, aimed to purify something/some place considered to be untouchable & hated) at the place (hall) in the office where I used to sit and to which they/their accomplice officials were shifting and the three high caste officials of perpetrators’ gang were going to occupy the three rooms in that hall; therefore they purified that place by "Puja" because they considered that place as impure & untouchable due to having been used by a harassed victimized dalit officer.
On the same occasion to harass me in the worst way they shifted me from the bigger room in that hall to a smaller room to accommodate a high caste official (of same rank as mine) in the bigger room and also broke open my room to perform "puja" there too. To further harass I was shifted to a room which was even smaller than the adjacent room of my junior. Humiliating publicly and encouraging other employees to humiliate me has been a regular feature. Discriminations & harassment in my official functioning and in my career development is a common thing for them. Freely they have been flouting the rules/laws, misrepresenting the facts, concealing the facts, creating fake documents to create false grounds to harm me personally and to harm my official functioning at the workplace, misusing their influential official positions. But no authority listens to my complaints against this torture & their misdeeds & crimes. This is further painful that the most important government authority in India responsible for protection against these atrocities - National Commission for Scheduled Castes (NCSC), has not given the justice despite time taking repeated correspondence with them and despite being reported about every misdeed of perpetrators. On repeated persuasions, one "Hearing" & further "Police (Vigilance) Inquiry" (by NCSC) have been conducted, but no justice inspite of this because under the unfair influence of perpetrators, NCSC & Police have been trying to twist the case in their favour, ignoring all the facts & evidences of their misdeeds/atrocities. NCSC & Police also keep ignoring the complaints of our organisation’s SC/ST Employees Welfare Association against the widespread caste harassment & discrimination by the said officials (oppressors). Despite directions by National Commission for SC, to (in the Hearing in Nov,2008)
to stop discrimination & to treat me fairly, oppressors did not stop; rather increasingly harassed me and NCSC did not hear & acted on my complaints of further increased harassment. Thereafter, National Commission unfairly tried to close the case, even before getting the Police Inquiry Report, in August,2009 by making unfair non-relevant basis that "there is no violation of reservation & service safeguard rules for scheduled castes" (although my complaint is against the torture, untouchability, harassment & discrimination; and does not pertain to reservation & service safeguard rules). Also surprisingly, this letter NCSC issued through their SSW Wing which does not deal atrocities & harassment matters (hence stands invalid for my case), whereas my matter is being dealt by their other wing (APCR Wing) which deals with atrocities (and is still pending & being dealt without justice and any control on continuing harassment by oppressors).
Against my application for information under RTI Act (Right To Information Act), NCSC & Police did not give satisfactory replies and denied requested information on my case and therefore I had to appeal to CIC (Central Information Commission) to obtain the relevant information & documents from NCSC files. However it clarifies how the protecter of dalits (NCSC) favour oppressors torturing innocent dalit officers and fools the victim by playing unfair tricks with him & twisting his case in oppressors' favour. Also NCSC tried to endorse the false misrepresented statements against me by the accused people instead of considering the facts submitted by me. To my replies on such unfair dealings by NCSC and to my repeated requests to restrain the continuing atrocities, NCSC does not respond. Due to such irresponsible & unfair approach of NCSC, the Vigilance Inquiry by Delhi Police on NCSC's order, to inquire the atrocities has been totally unfairly & one sided, conducted under connivance between police & oppressors. Like NCSC, Police has also tried to ignore, hide & twist the facts related to atrocities and to highlight the false misrepresented statements by the accused. The Police Inquiry was conducted completely according to wishes of the accused people. Police did not inquire on many incidents of hate & atrocities reported by me, like, oppressors unlawfully influencing the police inquiry by forcing the SC/ST/OBC employees to sign statements in their favour in the form of Commendation Certificates (I & also SC/ST Emplyees Association of our organization reported this incident to police alongwith the documentary evidences, but police unfairly ignored this every time). I have sent the appropriate reply (objections) to the NCSC exposing all this improperness & unfairness in the police inquiry & the oppressors misdeeds/atrocities left uninquired by the police, but police could not reply till date & misrepresent the facts repeatedly according to the wishes of perpetrators (police keep sending only false & divergent replies). Police has not filed the FIR till date. In fact Police is acting as one of the oppressors, instead of being inquiring or law enforcement agency. Matter is still with NCSC and investigations are in progress by NCSC's APCR Section, but no justice even after more than 2.5 years of my complaint. Encouraged by the situation of no justice from anywhere, management has issued transfer order for my transfer from Delhi to Hyderabad on 4.12.2009 ( Hyderabad is 1700 km away from Delhi with 28 hours rail journey). For the transfer they chose the occasion when my daughter & myself were ill and issued the transfer order without relieving order in violation of Government rules. I had no option but to file a court case in Delhi High Court, with the hope that indian judiciary is free from bias and will get justice. However I faced indifferent attitudes there too. I did not get Stay or Abeyance on harassment transfer. High Court rejected the stay on the basis of false grounds given by the management (oppressors) that I have been relieved (in fact I was not relieved which was informed to court under my writ petition but court did not notice this fact & also did not notice the facts of caste harassment & discrimination and the fact that I was transferred in total discrimination since other high caste officers of my rank are never transferred out of station & oppressors have been misusing the situation of the organization having no transfer policy to harass mostly SC/ST employees, by arbitrary transfers. Also High Court did not notice that I was transferred illegally during the pendency of the NCSC investigations against perpetrators).
I joined the transfer in March,2010. Before that I was on medical leave since the transfer. Fearless of any law of the country, casteist management continue using the various harassment methods and tactics to spoil my record. In disregard to any law I am posted at Hyderabad branch without my requirement there since there is no work there & also adequate resources/staff/office items for the work are not intentionally provided by oppressors with the aim to harm my official functioning there too and hence to harm my service record. Also a senior officer of GM level is not required at all there but still I was transferred and court did not notice this fact too. Obviously that place (Hyderabad office) is maintained by the casteist management as a place, exclusively for harassment of dalits, as all employees posted there are dalits & OBC ( 3 are SC/ST and 1 is OBC); also that place being maintained in shameful conditions without basic facilities required for executives (due to perpetrator's intentions of harassment & humiliation). I have also experienced the legal system of India and worried how legal system will help which has the highest responsibility to provide justice without any partiality and who are called "my lord" only because all should be equal for them............!! One of the high court judge even resorted to biased discriminatory behaviour in the court hearings even made casteist remarks. So, the Judge himself acted as perpetrator. I have complained against him in the Ministry of Law & Justice and action on the complaint is pending. To know about the action taken on my complaint against the judge, I had to go upto CIC under the RTI Act, where CIC directed the CPIO (Central Public Information Officer) of the Ministry of Law & Justice, to forward my complaint to the concerned authorities. Even after no action informed to me, after the CPIO/Deptt of Justice forwarded my complaint to Chief Justice of Delhi High Court for action.view by him; hence, I had to again send RTI Appeal to CIC against the public information authorities of both (Deptt of Justice & Delhi High Court).After I did not get the justice due to insensitiveness of judiciary at high court, I went to Supreme Court but did not get justice from there, where my grievances of discrimination & caste harassment remained unaddressed; and court did not notice arbitrariness and misuse of their official position in the Government by the oppressors. In the process and Supreme Court’s decision not going in my favour, casteist management has got highly encouraged to take the revenge for court cases & complaints, by torturing me by all sorts of conspired harassment actions.
They are bent upon to spoil my service record and to implicate me in false & fake charges ; and there is nobody whom I can complaint against this inhuman harassment & atrocities (atrocities - in return of my long dedicated performance for the organisation/government). Under the circumstances, I am forced to be kept transferred at the far-off place from my family, for the whole life, since there are no transfer rules / transfer policy in this organisation and casteist management misuse this position to victimise the selected employees (mostly SC/ST employees on proportional basis) to transfer them for their whole service period; and no court of law asked them on this irregularity & arbitrary functioning); and also I am exposed to further unlawful arbitrary revengeful torture under this situation. The Question is:- When the qualified & well income people & high officials can not get justice from anywhere and casteists enjoy the full liberty to torture them even in the government organisations based in the Capital of India, how the poor & weak ordinary dalits will get justice and from where ?
After Supreme Court decision on 5th July,2010 oppressors got highly emboldened and started repeated harassment actions like they have the license to harass me. Repeated harassment, like, not sanctioning my medical leaves; withdrawing my statutory delegated powers for sanctioning my tours; causing heavy financial losses by reducing my PRP(performance related pay) by forcibly downgarading my performance by cutting off inputs required for work/performance (like - staff, office equipments, official tours, trainings, proper work allocation etc), denying the relevant trainings; denying the officially required information for my official functioning; making my subordinates work against me; unfairly not considering my claim for the vacant position recently created at my home town station (Delhi) & unfairly giving charge of that position to other high caste official unlawfully without any office order and also creation of fake documents for that purpose; creating fake documents to unfairly deny me the essentially required trainings; & serving the memo with fake charges ; not writing my CR for year 2009-10 till date (not sending to me self-appraisal form or such other part of CR to be filled/signed by me), denying the essential resources for my official functioning, like- staff, furniture, office equipment hence forcing to work in a shameful working conditions with rotten & broken furniture in insufficient quantity, despite being an international trade company requiring highest standard ambience / facilities / furniture which it is in fact maintaining in other office premises but denying to my office due to caste hatred; also forcing such sub-standard conditions for official dormitory in Hyderabad by denying facilities & upgradation.
In fact oppressors maintain this branch office only for harassment of SC/ST/OBC employees posted here not for organisation's business/benefit, since all 4 employees posted here are only SC/ST/OBC; hence these casteist bureaucrats are practicing caste harassment by maintaining exclusive harassment/torture places using govt funds (all posted out of station with no limit specified for their transfer period in the absence of transfer policy/rules, hence harassment postings for all).
Ministry of Commerce & Industry, which is the controlling Ministry of this organization, has been regularly informed on the repeated caste harassment taking place but they have never exercised any restraint / check over the casteist oppressors. Ministry has the duty to check such inhuman caste discrimination in the organizations working under them, but in this case of caste harassment they only act as mute spectator, and hence indirectly support oppressors.
Recently I filed the court cases in Delhi High Court against the casteist officials' extreme unlawful harassment action of making my medical leave unauthorised, deducting my salary on this false ground, stopping my due annual increment & serving memo with fake charges; Court has served notice to them and has asked them to submit their counter reply. (In the latest CIC order dt.31.12.10 against my RTI application dt.7.7.10 for knowing the reasons for delay in sanction of my medical leave, CIC has ordered the oppressors to allow me the inspection of their records because they were denying me the information sought under my RTI application) . Despitr CIC order,accused officials again denied the inspection of records requested by me during my leave in Delhi in 17-21 January,11, due to which I had to again send the RTI Appeal to CIC on 19.1.11. I could inspect the records during my leave but, in order to michievously deny inspection, oppressors asked me to inspect after this period and at the same time also sent some documents (stated to be information required under my RTI appeal/application), which were not complying to RTI requirements). Also in my RTI appeal dt.19.1.11 I have requested CIC to impose penalty on them for intentional harassment to me in RTI matter & for violation of RTI rules.
Again on 15.4.2011 the oppressors, denied required information against my RTI application dt.18.3.11, where I sought the relevant information after I was heavily harmed financially by unfairly & mischievously reducing my PRP (performance related pay) in Feb,2011 by unfairly reducing my CR Rating ; Again I had to send the RTI Appeal.
I wait how court will decide this time ! I am fighting against the harassment in the court and hope one day I will get justice (though so far I have experienced that judiciary is insensitive in the caste atrocities matters and treats victim/complainant like culprit and oppressor like complainant). The case given here is only in brief. In fact there is a long list of irregularities, misdeeds, falsifications, misrepresentation, inventions of false grounds, concealments committed by the oppressors (casteist management), from which courts, SC Commission & authorities have constantly turned a blind eye. This can be explained through detailed discussions or through documents.
This is an international trade company of Govt Of India where I work. And during my service there I gained expertise in handling the company's business (although always made to work with the minimum possible resources & facilities & support due to general attitude of caseist people against SC/ST) and therefore, was getting in the line to reach the controlling positions of the company in due course of time. This is the reason, conspiracies & harassment started by casteist CMD & his accomplices to prevent such prospects for a Dalit, at any cost.
In this company no other high caste officer of my rank or above has been transferred outstation second time. In fact except some rare exceptions all of them are never transferred through out their service. But I have been transferred second time. Earlier I was transferred to Chennai (in 1998). Only one other SC GM (now CGM) in this company was also transferred outside Delhi earlier. I have been the senior most SC (dalit) officer at Delhi HQ with further scope of growth which was not tolerable to casteist management officials, hence they conspired to harass & harm me.
In fact these casteist official’s approach of discrimination & harassment against me has now taken the form of my destruction, as nobody in the whole system checks these inhuman abuses.I need justice against the continuing unchecked inhuman caste hatred motivated torture & harassment.
You can contact him on: -
MANISH K BAINIWAL,
GENERAL MANAGER, PEC Ltd.(A Government of India Undertaking - under Ministry of Commerce),
Ph. 91-9701698882, 011-65152998
Email Id: bainiwalm@yahoo.co.in
Thursday, May 26, 2011
Chero & Bhaiga - Tribal Conference 2011
India's oldest primitive tribes are Baiga & Chero tribe, which found in costal side of Sone River in Sonebhadra district. It is considered that their principal residence lies in the eastern part of the Satpuda Mountain. These tribes depend on the forest resources and do farming on Jhum. Currently their traditional farming has been banned and their existences are at risk, because they learned no other and don’t have ownership on land.
The conference held from 24th April, 2011 evening to 25th April evening in village Devatan (Launga Dam), Block – Chopan under jurisdiction – Kaun of Sonbhadra district of Uttar Pradesh.
The two-day conference focused on brainstorm session to protect tribal culture and 25 survivors of witch craft, torture and organized violence by the police were honored by the testimony, shawl and garland.
Programs begin with the tribal culture and workship of their God. Hanif Bhai “Adivasi Vikas Seva Samiti sing the revolutionary songs and fill the people with the passion. Bhudhi Ram Toppo survivor of police torture and the feudal system shared his anguish and National President of the Chero society and the chief guest Hari Ram Chero called to be companion in his struggle. Ram Prasad Bharti, ex- survivor now associated with the same mainstream. Give the social message by singing a song.
The chief guest at the conference highlighting on the tribal culture and stated" with the time our culture is declining and its protection is necessary. We people should stay away from evils like alcohol and excessive emphasis on education of children otherwise will be capture in the chain of slavery
He excited after hearing the context of the Program and even started to narrate his own testimony “Since I came into politics, I also became the victim of police torture, I am facing more than 20 case on myself, it is all due to big people." The program was headed by writer and novelist Ram Nath Shivendra Nath ji and he addressed, “he called tribal have to identify their power and continue their power to struggle to identify and through life on the life, culture and people residing in the mountain.”
Mr. Upendra Kumar, Peoples’ Vigilance Committee on Human Rights honored the chief guest with shawl and garland and Satyaprkash and Pintu assigned him the poster. Mr. Upendra Kumar briefly explained about testimonial therapy and highlighted that the self suffering of the survivors should be kept between the responsible people provide much psychological relief to the survivor. The survivors are again inspired to re-join in the mainstream of society. On this ceremonial launch the survivor express their pain and agony by sing song.
In the night all people have collective dinner. The program was facilitated by senior advocate Ashok Tiwari and program was attended by the Charo community dignitaries and collaborative peoples’ organization such as Adivasi Vikas Seva Samiti, Peoples’ Vigilance Committee on Human Rights and Sarvodaya Sikshan Sansthan.
The conference held from 24th April, 2011 evening to 25th April evening in village Devatan (Launga Dam), Block – Chopan under jurisdiction – Kaun of Sonbhadra district of Uttar Pradesh.
The two-day conference focused on brainstorm session to protect tribal culture and 25 survivors of witch craft, torture and organized violence by the police were honored by the testimony, shawl and garland.
Programs begin with the tribal culture and workship of their God. Hanif Bhai “Adivasi Vikas Seva Samiti sing the revolutionary songs and fill the people with the passion. Bhudhi Ram Toppo survivor of police torture and the feudal system shared his anguish and National President of the Chero society and the chief guest Hari Ram Chero called to be companion in his struggle. Ram Prasad Bharti, ex- survivor now associated with the same mainstream. Give the social message by singing a song.
The chief guest at the conference highlighting on the tribal culture and stated" with the time our culture is declining and its protection is necessary. We people should stay away from evils like alcohol and excessive emphasis on education of children otherwise will be capture in the chain of slavery
He excited after hearing the context of the Program and even started to narrate his own testimony “Since I came into politics, I also became the victim of police torture, I am facing more than 20 case on myself, it is all due to big people." The program was headed by writer and novelist Ram Nath Shivendra Nath ji and he addressed, “he called tribal have to identify their power and continue their power to struggle to identify and through life on the life, culture and people residing in the mountain.”
Mr. Upendra Kumar, Peoples’ Vigilance Committee on Human Rights honored the chief guest with shawl and garland and Satyaprkash and Pintu assigned him the poster. Mr. Upendra Kumar briefly explained about testimonial therapy and highlighted that the self suffering of the survivors should be kept between the responsible people provide much psychological relief to the survivor. The survivors are again inspired to re-join in the mainstream of society. On this ceremonial launch the survivor express their pain and agony by sing song.
In the night all people have collective dinner. The program was facilitated by senior advocate Ashok Tiwari and program was attended by the Charo community dignitaries and collaborative peoples’ organization such as Adivasi Vikas Seva Samiti, Peoples’ Vigilance Committee on Human Rights and Sarvodaya Sikshan Sansthan.
India: Whimper of Internally Displaced persons in Tanda of Ambedkar Nagar district in Uttar Pradesh of India
India: Whimper of Internally Displaced persons in Tanda of Ambedkar Nagar district in Uttar Pradesh of India
……………………………………………………………………………………………………………………............................................
Right to live with dignity, internally displacement, intimidation ……………………………………………………………………………………………………………………............................................
26th May, 2011
Peoples’ Vigilance Committee on Human Rights (PVCHR) came to know through testimony taken by the activists working for RCT-PVCHR initiative for testimonial Therapy in Tanda Block of Ambedkar Nagar district in Uttar Pradesh, India that 76 families are facing flood erosion in Chinatura village of Ambedkar Nagar district of Uttar Pradesh.
Case detail:
My name is Ram Kripal, age 50 years. I am resident of village Chintaura, Post – Mubarakpur, Tehsil – Tanda of Ambedkar Nagar district of Uttar Pradesh. I manage the need of my family by working as a labour and driving rickshaw. We were residents of Manjhi, but settled down here due to the river to be flooded during the rainy season and our fields and villages were drowned. At that time we had to flee.
In 1975 we met with the Sub Divisional Magistrate (SDM) Baba Hardev and say our problem to them. Immediately 76 families settled down in Chintaura one km away on vacant government land, but we did not found the land paper. Three year before in year 2007 in the southern part of our village there was the land of Aftab. He made sale deed of 1 biswa of land to Dheeraj, Orderly of SDM and 1 ½ Biswa to Ashok Prakash Gupta, LIC agent. They fenced the ground and open the door near to our hut. I opposed and Dheeraj and Om Prakash started to use bad words. Dheeraj being orderly of the SDM called police to betrayed me. Police came and took me holding for night and I was released on the next day morning. I several times went to the jail. My family members used to make call to Shankha Lal Manjhi, Member of Parliament and every time I was released due to the influence of M.P. instead of misbehaving police provide support to me. They took grabbed me in custody due to pressure of SDM. Villagers laugh on me as I was detained several times. They threat me for the life and pressurized to vacate the land. but I not afraid, I dare to fight and filed the case of the land in the office of S D M and am fighting case. I always worried and I need not even come at night. For this land I spent more than 47000/- so I had to face much difficulty.
On August 9, 2010 at 12 noon endurance (orderly) and Om Prakash brings to 20 people and demolished my hut with the tractor. In the hut they spoil all the essential day to day items. When I protested they started to threaten me. I immediately gave application to District Magistrate (DM) and he assures for the spot check, but till now no action taken by him. Three days later I gave application to SDM. SDM taking the side of Orderly said “settle down I will give you one biswa land somewhere else. After ''hearing this I was shocked. Again on 18 August, 2010 I met with the SDM he sent me with the Lekhpal and Tehsildar to see the land. Instead of land they show me pit. I refused to take the land.
More information about Chintaura:
The displaced people of Chintaura are deprived from all government schemes such as Antodaya Anna Yojana Card, work in MNREGA, hospital and education etc. In the folk school held on 29th March, 2011 in Chintaura (Kewatahiya). Sursati said “we people did not get work in MNREGA. But when we demand than we are informed that there is no work and they will provide the work when it is available”. Rajesh said “We did not get medicine from the Community Health Centre and they prescribed all the medicine from outside.” Prabhawati said “we are not getting benefit under Mahamaya garib Aarathik Madad Yojana. Ram Samuksha, “I am 60 years old and I am not getting benefit of Pension Scheme. Paan Devi said, “ANM and ICDS worker are not coming to our village and due to which pregnant mother and children are unimmunized.
About internal displacement:
The United Nation Guiding Principles on Internal Displacement under its various principles For the purposes of these Principles, internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border. http://reliefweb.int/sites/reliefweb.int/files/resources/AB752ABEA5C1EFFCC1256C33002A8510-idp.html
Who are the internally displaced:
Person who have been forced to flee their homes suddenly or unexpectedly in large number, as a result of armed conflict, internal strife, systematic violations of human rights or man -made disasters and who are within the territory of their own country. The internally displaced quickly become the poorest of poor subject to abuse and exploitation and to rates of malnutrition, disease and mortality well beyond those of the still settled population.
Guiding principles:
Principle 3:
1. National Authorities have the primary duty and responsibility to provide protection and humanitarian assistance to internally displaced person within their jurisdiction.
Section III. Principles Relating to Protection during Displacement
Principle 12
1. Every human being has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention.
2. To give effect to this right for internally displaced persons, they shall not be interned in or confined to a camp. If in exceptional circumstances such internment or confinement is absolutely necessary, it shall not last longer than required by the circumstances.
3. Internally displaced persons shall be protected from discriminatory arrest and detention as a result of their displacement.
4. In no case shall internally displaced persons be taken hostage
Sample letter
To,
………………………………………….
………………………………………….
Dear Sir/Madam,
I want to bring in your kind consideration about the internal displacement of villagers of Chintaura, Post – Mubarakpur, Tehsil – Tanda of Ambedkar Nagar district of Uttar Pradesh. Earlier they were residents of Manjhi, but settled down in Chintaura due to the river to be flooded during the rainy season and their fields and villages were drowned. At that time we had to flee.
In 1975 they met with the SDM Baba Hardev and say their problem to them. Immediately 76 families settled down in Chintaura one km away on vacant government land, but they did not found the land paper. Three year before in year 2007 in the southern part of their village there was the land of Aftab. He made sale deed of 1 biswa of land to Dheeraj, Orderly of SDM and 1 ½ Biswa to Ashok Prakash Gupta, LIC agent. They fenced the ground and open the door near to their hut. Ram Kripal opposed and Dheeraj and Om Prakash started to use bad words. Dheeraj being orderly of the SDM called police to betrayed him. Police came and took him holding for night and he was released on the next day morning.
Ram Kripal several times went to the jail. His family members used to make call to Shankha Lal Manjhi, Member of Parliament and every time he was released due to the influence of Member of Parliament. Instead of misbehaving police provide support to him. They grabbed him in custody due to pressure of Sub Divisional Magistrate (SDM). Villagers laugh on Ram Kripal as he was detained several times. They threat him for the life and pressurized to vacate the land. But he did not afraid, he dare to fight and filed the case of the land in the office of S. D. M and am fighting case. I always worried and I need not even come at night. For this land he spent more than 47000/- so he had to face much difficulty.On August 9, 2010 at 12 noon endurance (orderly) and Om Prakash brings to 20 people and demolished his hut with the tractor. In the hut they spoil all the essential day to day items. When he protested they started to threaten him. Ram Kripal immediately gave application to District Magistrate and he assures for the spot check, but till now no action taken by him. Three days later he gave application to SDM. SDM taking the side of Orderly said “settle down I will give you one biswa land somewhere else. After ''hearing this he was shocked. Again on 18 August, 2010 he met with the SDM he sent me with the Lekhpal and Tehsildar to see the land. Instead of land they show me pit. he refused to take the land.
Therefore I want to inform you that the displaced people of Chintaura are deprived from all government schemes such as Antodaya Anna Yojana Card, work in MNREGA, hospital and education etc. In the folk school held on 29th March, 2011 in Chintaura (Kewatahiya). Sursati said “we people did not get work in MNREGA. But when we demand than we are informed that there is no work and they will provide the work when it is available”. Rajesh said “We did not get medicine from the Community Health Centre and they prescribed all the medicine from outside.” Prabhawati said “we are not getting benefit under Mahamaya garib Aarathik Madad Yojana. Ram Samuksha, “I am 60 years old and I am not getting benefit of Pension Scheme. Paan Devi said, “ANM and ICDS worker are not coming to our village and due to which pregnant mother and children are unimmunized”.
Therefore it is kind request please immediately intervene in the case and take appropriate action at earliest.
Thanking You
Sincerely Yours
..............
Please write letter to:-
1.Kuwar Vikram Singh
District Magistrate
Ambedkar Nagar, Uttar Pradesh
Phone no: 246999
Fax no: 244107
E-mail: dmamb@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)
……………………………………………………………………………………………………………………............................................
Right to live with dignity, internally displacement, intimidation ……………………………………………………………………………………………………………………............................................
26th May, 2011
Peoples’ Vigilance Committee on Human Rights (PVCHR) came to know through testimony taken by the activists working for RCT-PVCHR initiative for testimonial Therapy in Tanda Block of Ambedkar Nagar district in Uttar Pradesh, India that 76 families are facing flood erosion in Chinatura village of Ambedkar Nagar district of Uttar Pradesh.
Case detail:
My name is Ram Kripal, age 50 years. I am resident of village Chintaura, Post – Mubarakpur, Tehsil – Tanda of Ambedkar Nagar district of Uttar Pradesh. I manage the need of my family by working as a labour and driving rickshaw. We were residents of Manjhi, but settled down here due to the river to be flooded during the rainy season and our fields and villages were drowned. At that time we had to flee.
In 1975 we met with the Sub Divisional Magistrate (SDM) Baba Hardev and say our problem to them. Immediately 76 families settled down in Chintaura one km away on vacant government land, but we did not found the land paper. Three year before in year 2007 in the southern part of our village there was the land of Aftab. He made sale deed of 1 biswa of land to Dheeraj, Orderly of SDM and 1 ½ Biswa to Ashok Prakash Gupta, LIC agent. They fenced the ground and open the door near to our hut. I opposed and Dheeraj and Om Prakash started to use bad words. Dheeraj being orderly of the SDM called police to betrayed me. Police came and took me holding for night and I was released on the next day morning. I several times went to the jail. My family members used to make call to Shankha Lal Manjhi, Member of Parliament and every time I was released due to the influence of M.P. instead of misbehaving police provide support to me. They took grabbed me in custody due to pressure of SDM. Villagers laugh on me as I was detained several times. They threat me for the life and pressurized to vacate the land. but I not afraid, I dare to fight and filed the case of the land in the office of S D M and am fighting case. I always worried and I need not even come at night. For this land I spent more than 47000/- so I had to face much difficulty.
On August 9, 2010 at 12 noon endurance (orderly) and Om Prakash brings to 20 people and demolished my hut with the tractor. In the hut they spoil all the essential day to day items. When I protested they started to threaten me. I immediately gave application to District Magistrate (DM) and he assures for the spot check, but till now no action taken by him. Three days later I gave application to SDM. SDM taking the side of Orderly said “settle down I will give you one biswa land somewhere else. After ''hearing this I was shocked. Again on 18 August, 2010 I met with the SDM he sent me with the Lekhpal and Tehsildar to see the land. Instead of land they show me pit. I refused to take the land.
More information about Chintaura:
The displaced people of Chintaura are deprived from all government schemes such as Antodaya Anna Yojana Card, work in MNREGA, hospital and education etc. In the folk school held on 29th March, 2011 in Chintaura (Kewatahiya). Sursati said “we people did not get work in MNREGA. But when we demand than we are informed that there is no work and they will provide the work when it is available”. Rajesh said “We did not get medicine from the Community Health Centre and they prescribed all the medicine from outside.” Prabhawati said “we are not getting benefit under Mahamaya garib Aarathik Madad Yojana. Ram Samuksha, “I am 60 years old and I am not getting benefit of Pension Scheme. Paan Devi said, “ANM and ICDS worker are not coming to our village and due to which pregnant mother and children are unimmunized.
About internal displacement:
The United Nation Guiding Principles on Internal Displacement under its various principles For the purposes of these Principles, internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border. http://reliefweb.int/sites/reliefweb.int/files/resources/AB752ABEA5C1EFFCC1256C33002A8510-idp.html
Who are the internally displaced:
Person who have been forced to flee their homes suddenly or unexpectedly in large number, as a result of armed conflict, internal strife, systematic violations of human rights or man -made disasters and who are within the territory of their own country. The internally displaced quickly become the poorest of poor subject to abuse and exploitation and to rates of malnutrition, disease and mortality well beyond those of the still settled population.
Guiding principles:
Principle 3:
1. National Authorities have the primary duty and responsibility to provide protection and humanitarian assistance to internally displaced person within their jurisdiction.
Section III. Principles Relating to Protection during Displacement
Principle 12
1. Every human being has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention.
2. To give effect to this right for internally displaced persons, they shall not be interned in or confined to a camp. If in exceptional circumstances such internment or confinement is absolutely necessary, it shall not last longer than required by the circumstances.
3. Internally displaced persons shall be protected from discriminatory arrest and detention as a result of their displacement.
4. In no case shall internally displaced persons be taken hostage
Sample letter
To,
………………………………………….
………………………………………….
Dear Sir/Madam,
I want to bring in your kind consideration about the internal displacement of villagers of Chintaura, Post – Mubarakpur, Tehsil – Tanda of Ambedkar Nagar district of Uttar Pradesh. Earlier they were residents of Manjhi, but settled down in Chintaura due to the river to be flooded during the rainy season and their fields and villages were drowned. At that time we had to flee.
In 1975 they met with the SDM Baba Hardev and say their problem to them. Immediately 76 families settled down in Chintaura one km away on vacant government land, but they did not found the land paper. Three year before in year 2007 in the southern part of their village there was the land of Aftab. He made sale deed of 1 biswa of land to Dheeraj, Orderly of SDM and 1 ½ Biswa to Ashok Prakash Gupta, LIC agent. They fenced the ground and open the door near to their hut. Ram Kripal opposed and Dheeraj and Om Prakash started to use bad words. Dheeraj being orderly of the SDM called police to betrayed him. Police came and took him holding for night and he was released on the next day morning.
Ram Kripal several times went to the jail. His family members used to make call to Shankha Lal Manjhi, Member of Parliament and every time he was released due to the influence of Member of Parliament. Instead of misbehaving police provide support to him. They grabbed him in custody due to pressure of Sub Divisional Magistrate (SDM). Villagers laugh on Ram Kripal as he was detained several times. They threat him for the life and pressurized to vacate the land. But he did not afraid, he dare to fight and filed the case of the land in the office of S. D. M and am fighting case. I always worried and I need not even come at night. For this land he spent more than 47000/- so he had to face much difficulty.On August 9, 2010 at 12 noon endurance (orderly) and Om Prakash brings to 20 people and demolished his hut with the tractor. In the hut they spoil all the essential day to day items. When he protested they started to threaten him. Ram Kripal immediately gave application to District Magistrate and he assures for the spot check, but till now no action taken by him. Three days later he gave application to SDM. SDM taking the side of Orderly said “settle down I will give you one biswa land somewhere else. After ''hearing this he was shocked. Again on 18 August, 2010 he met with the SDM he sent me with the Lekhpal and Tehsildar to see the land. Instead of land they show me pit. he refused to take the land.
Therefore I want to inform you that the displaced people of Chintaura are deprived from all government schemes such as Antodaya Anna Yojana Card, work in MNREGA, hospital and education etc. In the folk school held on 29th March, 2011 in Chintaura (Kewatahiya). Sursati said “we people did not get work in MNREGA. But when we demand than we are informed that there is no work and they will provide the work when it is available”. Rajesh said “We did not get medicine from the Community Health Centre and they prescribed all the medicine from outside.” Prabhawati said “we are not getting benefit under Mahamaya garib Aarathik Madad Yojana. Ram Samuksha, “I am 60 years old and I am not getting benefit of Pension Scheme. Paan Devi said, “ANM and ICDS worker are not coming to our village and due to which pregnant mother and children are unimmunized”.
Therefore it is kind request please immediately intervene in the case and take appropriate action at earliest.
Thanking You
Sincerely Yours
..............
Please write letter to:-
1.Kuwar Vikram Singh
District Magistrate
Ambedkar Nagar, Uttar Pradesh
Phone no: 246999
Fax no: 244107
E-mail: dmamb@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)
Monday, May 23, 2011
विस्थापन के दर्द की कहानी
मेरा नाम रामकृपाल (उम्र-50 वर्श), पुत्र-स्व0 राम अवध, ग्राम-चिंतौरा, पोस्ट-मुबारकपुर, तहसील-टांडा, जिला-अम्बेडकर नगर (उ0प्र0) का निवासी हूँ। मै पढ़ा लिखा नही हूँ, मेरी पत्नी का नाम कलावती है। मेरी दो लड़किया मीरा (उम्र-30 वर्श) और मीना (उम्र-15 वर्श) व एक लड़का धमेन्द्र (उम्र-17 वर्श) के है। मैं मजदूरी व रिक्षा चलाकर अपने परिवार को चलाता हूँ।
हम लोग मांझा के निवासी थे, लेकिन वहाँ नदी के किनारे बसे होने के कारण बरसात के समय में नदी के बाढ़ आ जाने के वजह से हमारा खेत व गाँव डूब जाता था। उस समय हम लोगो को ईधर-उधर भागना पड़ता था। उसी समय उन्नीस सौ पचहत्तर में हमारे तहसील के एस0डी0एम0 बाबा हरदेव सिंह से हम लोग मिले और अपनी समस्या को कहे। जिस पर एस0डी0एम0 साहब ने तत्काल उसी समय हम लोगो को अपने गाँव से एक कि0मी0 दूर चिंतौरा में खाली सरकारी जमीन पर छिहत्तर माँझी परिवारो को बसाए, किन्तु किसी को जमीन का कागज नही मिला था। हम लोग वहाँ झोपड़ी बनाकर रह रहे थे।
आज से तीन वर्ष पहले सन् दो हजार सात में हमारी झोपड़ी के दक्खीन में आफताब की जमीन थी, जिनकी जमीन एस0डी0एम0 के अर्दली धीरज एक बिस्वा व एल0आई0सी0 के एजेन्ट ओम प्रकाश गुप्ता ने डेढ़ बिस्वा बैनाम कराए। जमीन को घेरवाकर हमारी झोपड़ी की ओर अपनी बाउन्ड्री का दरवाजा खोल दिए। जिस पर मैने विरोध किया की हमारे झोपड़ी की ओर दरवाजा क्यो खोल रहे है। तब धीरज व ओम प्रकाश द्वारा मुझे भद्दी-भद्दी गालियां दिया जाने लगा और धीरज ने एस0डी0एम0 का अर्दली होने के कारण पुलिस को फोन करके मुझे पकड़वा दिया। पुलिस आयी और मुझे पकड़कर थाने ले गयी रातभर मुझे थाने में रखने के बाद सुबह छोड़ा। इस प्रकार मुझे एस0डी0एम0 के अर्दली धीरज व ओमप्रकाश ने सात बार जेल भेजवाया लेकिन मेरे घर वाले हमारे क्षेत्र के सांसद शंखलाल मांझी के यहाँ फोन कर देते थे और मुझे सांसद जी छुड़वा देते थे। पुलिस वाले न मुझे गाली देते, न मारते थे, बल्कि मेरा सहयोग करते थे। केवल एस0डी0एम0 के दबाव में आकर मुझे पकड़कर लाते थे। बार-बार पुलिस वालों के पकड़कर थाने लाने के वजह से गाँव वाले मेरी हँसी लेते थे। मुझे जान से मारने की धमकी दिया और जमीन छोड़कर भाग जाने को कहाँ, लेकिन मैं डरा नही, मैं हिम्मत करके लड़ता रहा और जमीन का मुकदमा मैंने एस0डी0एम0 के यहाँ कर दिया और मुकदमा लड़ रहा हूँ। मुझे हमेशा चिंता रहती है और रात में नीद भी नही आती है। इस जमीन के लिए मैं कुल 47,000/- रु0 से अधिक दिया, जिससे मुझे काफी दिक्कत का सामना करना पड़ता था।
9 अगस्त, 2010 को दोपहर 12 बजे धीरज (अर्दली) व ओम प्रकाश ने करीब 20 की संख्या में लोगों को लेकर आए और मेरी झोपड़ी को ट्रैक्टर से गिरवा दिए। झोपड़ी के अन्दर चुल्हा, बारह हजार ईटा, गद्दा, लकड़ी, बास, खटीया आदि पर मिट्टी गिरवाकर पटवा दिए। जब मैने विरोध किया तो मुझे धमकी देने लगे। मैंने उसी दिन तुरन्त डी0एम0 को प्रार्थना पत्र दिया। डी0एम0 ने मौके की जाँच का आश्वासन दिया, किन्तु कोई जाँच नही हुयी। तीन दिन बाद मैं एस0डी0एम0 के यहाँ प्रार्थना पत्र दिया। जिस पर एस0डी0एम0 ने अर्दली धीरज का पक्ष लेते हुए बोले-‘‘तुम समझौता कर लो, मंै तुम्हे एक बिस्वा जमीन कही दिलवा दूँगा।’’ यह सुनकर मै सन्न रह गया। दिनांक 18 अगस्त, 2010 को एस0डी0एम0 से पुनः मिला तो उन्होंने तहसीलदार व लेखपाल के साथ मुझे जमीन देखने के लिए भेज दिए। मुझे जमीन के जगह गड्ढ़ा दिखाया गया। मैने वह जमीन लेने से इन्कार कर दिया।
आज यह घटना सुनाकर मुझे अच्छा लग रहा है। मुझे मेरी जमीन मिले और मेरे साथ न्याय हो।
संझार्शरत पीडि़त: रामकृपाल
साक्षात्कारकर्ता:बरखा सिंह $ सत्य प्रकाष
Fwd: Arrest of Pahalu Mushar alias Ramesh and fear of his encounter
--------- Forwarded message ----------
From: DIG Police ComplaintCell Lucknow <digcomplaint-up@nic.in>
Date: Tue, May 24, 2011 at 11:05 AM
Subject: Fwd: Arrest of Pahalu Mushar alias Ramesh and fear of his encounter
To: sspvns@up.nic.in, DIG Varanasi <sspvns-up@nic.in>, igzonevns@up.nic.in, IG Zone Police Varanasi <igzonevns-up@nic.in>, igzonevns@rediffmail.com
Cc: pvchr.india@gmail.com
----- Original Message -----
From: PVCHR ED <pvchr.india@gmail.com>
Date: Monday, May 16, 2011 7:47 pm
Subject: Arrest of Pahalu Mushar alias Ramesh and fear of his encounter
To: sspvns@up.nic.in, DIG Varanasi <sspvns-up@nic.in>, igzonevns@up.nic.in, IG Zone Police Varanasi <igzonevns-up@nic.in>, igzonevns@rediffmail.com, DIG Police ComplaintCell Lucknow <digcomplaint-up@nic.in>, NHRC <ionhrc@nic.in>, supremecourt@nic.in, cj@allahabadhighcourt.in
From: DIG Police ComplaintCell Lucknow <digcomplaint-up@nic.in>
Date: Tue, May 24, 2011 at 11:05 AM
Subject: Fwd: Arrest of Pahalu Mushar alias Ramesh and fear of his encounter
To: sspvns@up.nic.in, DIG Varanasi <sspvns-up@nic.in>, igzonevns@up.nic.in, IG Zone Police Varanasi <igzonevns-up@nic.in>, igzonevns@rediffmail.com
Cc: pvchr.india@gmail.com
To,
D.I.G./S.S.P., Varanasi.
The complaint Shri The complaint Dr. Lenin Raghuvanshi, Secretary General, Executive Director / Secretary General -PVCHR/JMN, SA 4/2 A, Daulatpur, Varanasi-221002, Mobile:+91-9935599333, E-Mail ID:- pvchr.india@gmail.com, is being forwarded to your kind attention and response.
Addl.S.P. (P/G),
D.G.P. Hqrs, U.P.
Lucknow.
----- Original Message -----
From: PVCHR ED <pvchr.india@gmail.com>
Date: Monday, May 16, 2011 7:47 pm
Subject: Arrest of Pahalu Mushar alias Ramesh and fear of his encounter
To: sspvns@up.nic.in, DIG Varanasi <sspvns-up@nic.in>, igzonevns@up.nic.in, IG Zone Police Varanasi <igzonevns-up@nic.in>, igzonevns@rediffmail.com, DIG Police ComplaintCell Lucknow <digcomplaint-up@nic.in>, NHRC <ionhrc@nic.in>, supremecourt@nic.in, cj@allahabadhighcourt.in
> Dear Sir,
>
> Greetings from PVCHR.
> Today,Mrs. Chanda Musahar of Atesua ploce station : Cholapur, Varanasi came on 7.30 PM of 16 May 2011 to my office.She told that Cholapur police detainsed her son Umesh Mushar from Mohaw.
>
> She is in fear and trauma because she is thinking that police of Cholapur police station is going to kill her son.Due to fear of plice extra judicial killing,Umesh told his name as ramesh.
>
> Before that her son Pahalu faced torture of police.
>
> Please see link:
>
>
>
>
>
>
> Please do need ful according the rule of law.
>
> With kind regards,
>
>
> Dr. Lenin
> Executive Director/Secretary General -PVCHR/JMN
> Executive Director/Secretary General -PVCHR/JMN
> SA 4/2 A, Daulatpur, Varanasi-221002
> Mobile:+91-9935599333
> Mobile:+91-9935599333
>
> Hatred does not cease by hatred, but only by love; this is the eternal rule.
> --The Buddha
>
> "We are what we think. With our thoughts we make our world." - Buddha
>
>
> This message contains information which may be confidential and privileged. Unless you are the addressee or authorised to receive for the addressee, you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail to pvchr.india@gmail.com and delete the message. Thank you.
>
NHRC noticed to ADM, Varanasi for fact statement & enquiry in the case of Ram Dayal, Bonded Labour
Ramdayal
The commission therefore, directs the Additional District Magistrate (Varanasi) to depute a team of at least two senior officers as per provision of section 10 of the Bonded Labour System (Abolition) Act, 1976 to the spot who shall record the statement of the brick kiln owner, examine the records in the light of the allegations mabe by the alleged bonded labourers in their affidavits and also record their statement by visiting their village, Which fall in District Varanasi. The inquiry team shall conduct the inquiry strictly in accordance with the provisions of the Bonded Labour System (Abolition) Act, 1976 and submit a report to the commission within four weeks.
The commission therefore, directs the Additional District Magistrate (Varanasi) to depute a team of at least two senior officers as per provision of section 10 of the Bonded Labour System (Abolition) Act, 1976 to the spot who shall record the statement of the brick kiln owner, examine the records in the light of the allegations mabe by the alleged bonded labourers in their affidavits and also record their statement by visiting their village, Which fall in District Varanasi. The inquiry team shall conduct the inquiry strictly in accordance with the provisions of the Bonded Labour System (Abolition) Act, 1976 and submit a report to the commission within four weeks.
NHRC forwarded complain to SHRC
Kamlesh_Mushahar
The complaint of Kamlesh Mushar was placed before the Commission on 20th April, 2011. Upon perusing the complaints, the commission directed as follows.
The grievance raised in the complaint relate to the matter. Which is subject of the state. Let the complaints be transferred to the Uttar Pradesh State Human Rights Commission u/s 13 (6) of the protection of Human Rights Act, 1993. For disposal in accordance with the provision of the Act.
The complaint of Kamlesh Mushar was placed before the Commission on 20th April, 2011. Upon perusing the complaints, the commission directed as follows.
The grievance raised in the complaint relate to the matter. Which is subject of the state. Let the complaints be transferred to the Uttar Pradesh State Human Rights Commission u/s 13 (6) of the protection of Human Rights Act, 1993. For disposal in accordance with the provision of the Act.
Fwd: Complain of SC atrocities in UP
---------- Forwarded message ----------
From: DIG Police ComplaintCell Lucknow <digcomplaint-up@nic.in>
Date: Fri, May 20, 2011 at 6:17 PM
Subject: Fwd: Complain of SC atrocities in UP
To: sspald@up.nic.in, Senior Superintendent of Police Allahabad <sspald-up@nic.in>, ig_zoneald@rediffmail.com, igzoneald@up.nic.in
Cc: spsbr@up.nic.in, Superintendent of Police Sonebhadra <spsbr-up@nic.in>, digrmir@up.nic.in, digrmzp12@sify.com
----- Original Message -----
From: UP Police Computer Cetre Lucknow <uppcc-up@nic.in>
Date: Friday, May 13, 2011 5:33 pm
Subject: Fwd: Complain of SC atrocities in UP
To: DIG Police ComplaintCell Lucknow <digcomplaint-up@nic.in>
Cc: PVCHR ED <pvchr.india@gmail.com>
>
> ----- Original Message -----
> From: PVCHR ED <pvchr.india@gmail.com>
> Date: Friday, May 13, 2011 5:33 pm
> Subject: Complain of SC atrocities in UP
> To: Jaimini Kumar Srivastava <ionhrc@nic.in>, uppcc@up.nic.in
>
> of cases, with more detail regarding atrocities on Dalit communities
>
> --
From: DIG Police ComplaintCell Lucknow <digcomplaint-up@nic.in>
Date: Fri, May 20, 2011 at 6:17 PM
Subject: Fwd: Complain of SC atrocities in UP
To: sspald@up.nic.in, Senior Superintendent of Police Allahabad <sspald-up@nic.in>, ig_zoneald@rediffmail.com, igzoneald@up.nic.in
Cc: spsbr@up.nic.in, Superintendent of Police Sonebhadra <spsbr-up@nic.in>, digrmir@up.nic.in, digrmzp12@sify.com
To,
D.I.G./S.S.P., Allahabad
The complaint Dr. Lenin, Executive Director/Secretary General -PVCHR/JMN, Mobile:+91-9935599333, E-Mail ID:- pvchr.india@gmail.com is being forwarded for enquiry and necessary action. If there is no legal hassle regarding this matter then kindly send brief reply to the complainant under intimation to this HQ regarding action taken with in 07 days.
Addl.S.P. (P/G),
D.G.P. Hqrs, U.P.
Lucknow.
C.C.- S.P., Sonbhadra, for enquiry and necessary action
----- Original Message -----
From: UP Police Computer Cetre Lucknow <uppcc-up@nic.in>
Date: Friday, May 13, 2011 5:33 pm
Subject: Fwd: Complain of SC atrocities in UP
To: DIG Police ComplaintCell Lucknow <digcomplaint-up@nic.in>
Cc: PVCHR ED <pvchr.india@gmail.com>
> Sir
> The message from above email is being forwarded to your kind attention and response.
> UPPCC
>
> ----- Original Message -----
> From: PVCHR ED <pvchr.india@gmail.com>
> Date: Friday, May 13, 2011 5:33 pm
> Subject: Complain of SC atrocities in UP
> To: Jaimini Kumar Srivastava <ionhrc@nic.in>, uppcc@up.nic.in
>
> of cases, with more detail regarding atrocities on Dalit communities
>
> (1)Ms. Rita Devi daughter of Vimla Devi, a 12 years old girl belonging to dalit community, is a resident of Koyala Kandi village under Shivkuti police station, Allahabad district. On January 3, 2010 Rita, as being a daughter of a very poor parents, was returning from her work of sweeping, washing clothes and pots of her employers at around 7 pm, when two men namely; Betu and Jalim, belonging to Yadav community, came to her and forcefully picked her up to sit on their motor bike and took her to a house behind Sri Ram Park. There was a man already present there and all three persons raped her one by one. The crime was complained with the police and the perpetrators were arrested.
>
> (2)Mrs. Lalli Devi wife of Gulab, a 35 years old lady belonging to Dhrkar (scheduled caste) community, is a resident of Tikari village under Phulpur police station, Allahabad district. Lalli Devi lives in her thatched hut with her 10 years old son and her husband. Lalli Devi's family was allotted a piece of land under Indira Awas Yojna to construct a room. But meantime some upper caste men of her village namely, Devi Prasad Mishra, Rammurti and other got a stay order from the Court not to construct the room. After three years stay order of the perpetrators was vacated and Mrs. Lalli Devi's family started to build a room on the allotted piece of land. But on July 3, 2010 the perpetrators came to the place armed with sticks and demolished the constructed room and they set her hut on fire. When Lalli Devi opposed it, they assaulted Mrs. Lalli Devi, her son and husband. They also paraded her naked. The offence was complained with the police and case was registered but no immediate action was taken against the perpetrators.
>
> (3) Mrs. Lilawati wife of Pancham, aged about 40 years belonging to Chamar community is a resident of Kodsar village under Tharwai police station, Allahabad district. Mrs. Lilawati has a young daughter and had arranged her marriage. She was trying to receive financial help from the government for the marriage of her daughter under welfare scheme of the state of Uttar Pradesh. Mrs. Lilawati went to the house of the village head Mrs. Meena Devi for her help and to get her signature on the application. Mrs. Meena told Lilawati that she was village head only for the name. Meena further advised her to meet her husband Mr. Nandlal, who was actual man performing all works as a village head. According to Lilawati when she went to Mr. Nandlal, he asked her to come in the room and forcefully he raped Lilawati in the room on January 9, 2010. Mrs. Lilawati tried her best to escape her rape but it is reported that the door was shut from outside. The incident was complained with the police but no action was taken against the perpetrator, then Mrs. Lilawati filed the complaint in the Court under 156(3) of Criminal Procedure Code.
>
> (4) Mrs. Guddi Devi wife of Gulabchandra, aged about 27 year old dalit woman belonging to Chamar community, is a resident of Sathar village under Sarai Mamerez police station, Allahabad district. On July 4, 2010 perpetrators Shiv Narayan Yadav, Basant Lal Yadav, Ramkarn Patel along with three- four policemen came to the house of the victim Mrs. Duddi Devi and illegally started to construct building on her land. When Mrs. Guddi Devi opposed the illegal construction, the above named perpetrators beat her cruelly and she got badly injured. The incident was complained with the police but no FIR was registered against the perpetrators, then the victim filed the complaint in the Court under 156(3) of Criminal Procedure Code.
>
> (5) Ms. Guriya aged about 11 years was a daughter of Madangopal belonging to a tribal community from Vadhwar village under Koraw police station, Allahabad district. It is alleged that the daughter of Mr. Ramashankar Patel alias Lala had been ailing for sometimes and the family of Ramashankar had been involved in some witch hunting activities as believing in to cure her ailing 22 years old daughter. It is said that on 11.11.2010 the victim Guriya went to see the witch hunting activities at the home of Jhunnilal Patel son of Banshidhar Patel along her with 4 years old brother but she never returned home. On 13.11.2010 father and other family members of the victim went to the Koraw police station to register the case regarding missing of Guriya but Sub Inspector, Mr. Virenndra Mishra, refused to register the case and reprimanded the victim father and his family members and forcefully confined them to stay at the police station. Next day on 14.11.2010 dead body of Guriya was recovered from a well behind the house of Jhunnilal Patel. It is alleged by Mr. Madangopal that his daughter has become a victim of human sacrifice but police registered no case against the perpetrators.
>
> (6) Mrs. Rajkali wife of Ramsagar belonging to dalit community, a resident of Sikari village under Barahsil police station, Allahabad was beaten by the upper caste persons (Brahmins) on 10.7.2010 while she was opposing the perpetrators for not taking away the compost belonging to her family. The victim complained with the police and other authorities, including National Human Rights Commission and National Commission for Scheduled Caste and Scheduled Tribe about the incident about the incident but no action was taken against the perpetrators, then the victim, with the help of Peoples' Vigilance Committee on Human Rights filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.
>
> (7) Mr. Rakesh Pasi son of Shankar Lal, a resident of Tikara Pipari village under Kaurihar police station, Allahabad district was detained at the police station for whole night, severely tortured and threatened by Mr. Hashimuddin, in-charge of Lalgopalganj police post, Allahabad district on 28.5.2010 for refusing to work as a bonded labor. The victim complained with concerned authorities, including National Human Rights Commission and National Commission for Scheduled Caste and Scheduled Tribe about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.
>
> (8) Mr. Sanjay Pasi son of Ramkaran Pasi, a resident of Sarai Alam village under Sarai Mamrez police station, Allahabad district belonging to a dalit community, was assaulted and beaten and seriously threatened on 25.10.2010 at the polling booth by upper caste persons, for daring to make his wife Mrs. Shanti Devi, a candidate for the post of village head in the Panchayat election held on 25.10.2010. The victim complained with concerned authorities like District Election Officer and National Commission for Scheduled Caste and Scheduled Tribe about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.
>
> (9) Mr. Lalchand son of Ramnaval belonging to Chamar community is a resident of Ranipur village under Sarai Mamrez police station, Allahabad district. Mr. Lalchand was a candidate for the post of village head in the Panchayat election, held on 25.10.2010. The influential Yadav candidate forcefully captured the polling booth for fake voting. When the victim opposed it they assaulted, beat and insulted the victim. The victim complained with concerned authorities like District Magistrat, State Election Officer, National Commission for Scheduled Caste and Scheduled Tribe and National Human Rights Commission about the booth capturing and assault on the victim, but no action was taken against the perpetrator.
>
> (10) Mr. Gangavishnu son of Ramautar and mr. Kallu Mistri son of Rameshwar Prasad belonging to Chamar community are residents of Dusauti village under Handiya Police station, Allahabad district. It is alleged that upper caste candidates offered money to the above named victims to caste their votes in his favour. But the victim refused to accept the money and wished to cast their votes according to their independent will. But this offence of these victim caused havoc for them. The upper caste candidate pulled the victims out of their homes and beat them, insulted them by using filthy language and threatened them to face the consequences. The victim complained with concerned police authorities about the incident, but neither any FIR was registered in the police station nor any action was taken against the perpetrators.
>
> (11) Ms. Guddi, aged about 22 years, daughter of Mr. Jwala Prasad belonging to Chamar community is a resident of Kerwa Ranhor village under Copan police station, Sonebhadra district. Ms. Guddi was sexually exploited by a upper caste person for a long time and when she became pregnant was deserted by her upper caste lover and threatened not to tell about it anybody. The victim complained with concerned police authorities and National Commission for Scheduled Caste and Scheduled Tribe about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.
>
> (12) Mrs. Bhagwani wife of Ramesh belonging to Chamar community is a resident of Kamhardih village, Robertsganj. On the date and time when the incident took place Mrs. Bhagwani was pregnant and groaning under the pain of mature pregnancy. At such a time persons belonging to upper caste came to her and asked her to go on work. When she refused they assaulted and beat her mercilessly. The victim complained with concerned police authorities and National Commission for Scheduled Caste and Scheduled Tribe about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.
>
> (13) Mr. Biharilal son of Sumer, belonging to Chamar community, is a resident of Ranhor village under Chopan police station, Sonebhadra district. Mr. Biharilal was assaulted, beaten, insulted and abused for the offence that he dared to oppose the indecent comment on women of his community by some upper caste goons on 2.5.2010. The victim complained with concerned police authorities and National Commission for Scheduled Caste and Scheduled Tribe about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.
>
> (14) Vinod Kumar Pasi son of Kamla Prasad Pasi, belonging to a scheduled caste community, is a resident of Gothwa village under Sarai Mamerez police station, Allahabad distritct. There is piece of land allotted for the victim's family to construct a room under housing scheme of the Uttar Pradesh state government. It is alleged that the perpetrators, belonging to influential Yadav community, are trying to take possession over the allotted land illegally. The illegal dispossession of the poor family from their land was complained with concerned administrative authorities but nothing was done to stop the perpetrators from their illegal acts. For complaining with the authorities, on 2.7.2010 the perpetrators assaulted and beat the victim for opposing the illegal dispossession from his allotted land. The incident was complained but no action was taken by the police. The victim complained with concerned police authorities and National Commission for Scheduled Caste and Scheduled Tribe about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.
>
> (15) Mr. Kashi son of Basawan, originally a resident of Naugarh, Chandauli had been working for last 10 months at the house of Mr. Salim son of Ishahak, a resident of Nai Bazar village under police station Robertsganj, Sonebhadra district. The victim was working for Rs. 1600 monthly wage. On 23.7.2010 when the victim asked for his wage for 10 months, he was beaten, abused and insulted for demanding his due wages. The victim complained with concerned police authorities but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.
>
> (16) Mr. Ramkewal son of Lalmani from Dhobi community aged about 62 years old is a resident of Arawali village under Robertsganj police station Sonebhadra district. On 23.7.2010 upper caste persons came to the house of the victim and asked for the victim. At that time the victim was not present at his house. The Victim's wife Amarawati told them that her husband was not at home. Then the perpetrators started abusing her husband using filthy language. When Mrs. Amarawati opposed it the perpetrators abused her and beat her. They also tore her clothes and sexually harassed her. Seeing this when her son Vinod opposed it they also beat her son Vinod. When the victim and her family members went to the police station to complain about the incident, the police officer reprimanded them and asked them to leave the police station. Then the victim complained with higher police authorities and National Commission for Scheduled Caste and Scheduled Tribe but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.
>
> (17) Mr. Purushottam Chaudhari son of Sahangu Prasad, a resident of Munsafi colony, Robertsganj belonging to a dalit community was assaulted and beaten on 12.5.2010 by upper caste persons for standing his motor bike before the shop of the perpetrators. The victim complained with concerned police authorities about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.
>
> (18) Mrs. Mangri kol wife of Taulan Kol, is a resident of Parsauna Khurd village, Ghorawal police station, Sonebhadra district and belongs to a tribal community. On 3.5.2010 some upper caste persons as being drunk came to the shop of the victim and began to sexually harass the victim. It is alleged that the perpetrators dragged the victim inside a house to rape her. But having heard the cries of the victim some came to the place and saved the victim. It is alleged that the perpetrators not being successful to rape the victim they beat her and made her seriously injured. The victim complained with concerned police authorities and National Commission for Scheduled Caste and Scheduled Tribe but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.
>
> (19) Mr. Laxaman son of Hiraman, belonging to a Dhobi community, is a resident of Arangi village under Karama police station, Sonbhadra district. The victim is an educated person and works as a Shikshamitra. On 26.4.2010 the perpetrators came to my house and started to abuse and beat my family members. When we opposed it, they demolished our huts and took away the thing from my house and threatened by putting pistol on the head of my father to keep quiet. The perpetrators assaulted, threatened the victim and his family to vacate the possession over the land. The victim complained with concerned police authorities but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.
>
> (20) Mr. Sudhirbabu son of Vikrma Prasad, belonging ot Chamar community, is a resident of Sukrut Tola under Robertsganj police station, Sonebhadra district. The victim and others families have been living for 30-40 years on the land of Gram Samaj by making their thatched huts. On 29.08.2010 at around 10 am scores of upper caste persons came to the place armed with lathis, guns and with a bulldozer and threatened us to vacate the land. They said that they had purchased the land. The victim asked them to show the paper. At this they began to abuse us and to remove our huts otherwise they would kill us under the bulldozer. They demolished out huts with the help of bulldozer and destroyed everything in our houses. They also killed our animals by the bulldozer. The victims complained about the incident with the commissioner and other police authorities. They also complained with the National Commission for Scheduled Caste and Scheduled Tribe but no action was taken against the perpetrators. Then with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.
>
> (21) Mr. Rajesh kumar son of Jamuna Prasad is a resident of Ward No. 3, Chaman Ganj under Koraw police station, Allahabad district. The victim is a human rights activist and has been associated with Peoples Watch, Tamilnadu and Peoples Vigilance Committee on Human Rights. Mr. Rajesh kumar, as a human rights activist, has been working for the rights of marginalized and weaker sections of the society. It is alleged that Mr. Rajesh kumar received information on his mobile from Suhas village that some upper caste persons had paraded a dalit women naked and insulted her. On the basis of the information received Mr. Rajesh kumar prepared an application and went to the Koraw police station to lodge his complain about the incident. But due to influence of the perpetrators, the police officer of Koraw police station refused to register the complaint of Mr. Rajesh kumar. When Mr. Rajesh Kumar told the officer that he was human rights activist them Mr. Ashok Kumar Yadav, Sub Inspector at the Koraw police station abused, insulted and threatened Mr. Rajesh kumar and refused to register the complaint.
>
> (22) Mr. Shiv Shankar Pasi son of Nanku, belonging to a scheduled caste community, is a resident of J.73/4 Sarai Maswanpur under Kalyanpur police station, Allahabad district. Mr. Shiv Shankar's sister, who was widow used to live at 587D, 2 Drumand Road, Civil Lines. On 25.7.2010 Mr. Balkrishn Tripathi son of Ganga Prasad Tripathi murdered the sister of the victim for money after hatching a conspiracy. The perpetrator, Mr. Balkrishn Tripathi was a broker in selling out a house owned by victim' sister. It is reported that the house was sold out for Rs. 14 lakhs. Further it is alleged that Mr. Balkrishn Tripathi committed the murdered the victim's sister for this money. It is alleged that after committing murder, Mr. Balkrishn Tripathi himself went to the police station and lodged an FIR as claiming himself to be the husband of the deceased. The victim has complained about the facts with concerned higher police authorities and has filed a case in the Court.
>
> (23) Mr. Abhayraj son of Ramakant, belonging to Chamar community, is a resident of Mishrapur village under police station Koraw, Allahabad district. Mr. Abhayraj is a student. It is alleged that on 04.05.2010 while he returning to his home from taking both at around 10 am, he was stopped by Mr. Sushil son of Hari Mohan, who is Brahmin, on the way and was force by Mr. Sushil to give his mobile to make a call. When the victim refused to give his mobile to Mr. Sushil then he started abuse and insult her by using filthy language. When the opposed it then Mr. Sushil threatened the victim to kill him. On hearing our voices some other Brahmins men came to the place and beat the victim. When victim went to the police station to complain about the incident, Sub Inspector refused to register the FIR of the victim. Then victim complained with other higher police authorities about the incident but no action was taken against the upper caste perpetrators. In the end, the victim filed a complained in the Court under Section 156(3) of Criminal Procedure Code.
> >
> --
> Dr. Lenin
> Executive Director/Secretary General -PVCHR/JMN
> Mobile:+91-9935599333
> Executive Director/Secretary General -PVCHR/JMN
> Mobile:+91-9935599333
>
> Hatred does not cease by hatred, but only by love; this is the eternal rule.
> --The Buddha
>
> "We are what we think. With our thoughts we make our world." - Buddha
>
>
> This message contains information which may be confidential and privileged. Unless you are the addressee or authorised to receive for the addressee, you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail to pvchr.india@gmail.com and delete the message. Thank you.
>
Friday, May 20, 2011
महिला उत्पीड़न मामले पर एसपी गंभीर
सोनभद्र Friday, May 20, 2011 | Last Update - 3:00:59 PM IST
सोनभद्र। जिले के पिछले और दुरूह इलाको में अंध विश्वास के कारण महिलाओं का उत्पीड़न हो रहा है। आए दिन कहीं महिला को डायन बता कर पीटे जाने तो कहीं महिला पर भूत प्रेत करने का आरोप लगा कर प्रताड़ित किए जाने की घटनाएं घटित हो रही हैं। मानवाधिकारों के हनन को रोकने वाली संस्था अंधविश्वास से प्रेरित उठाए गए मामलों को पुलिस अधीक्षक ने गंभीरता से लिया है। म्योरपुर चौकी क्षेत्र की दो घटनाओं में कर पुलिस ने पीवीसीएचआर को भी अवगत कराया है।
दुद्धी, कोतवाली, म्योरपुर और बभनी थाना क्षेत्रों में पिछले छह महीने में अधंविश्वास के वशीभूत होकर उत्पीड़न की आधा दर्जन घटनाएं घटित हुई हैं। इन घटनाओं के पीछे ओझाओं का हाथ रहा है। म्योरपुर के बलियरी गांव मे महिला को डायन बता कर आग में झोंकने, डायन का आरोप लगा कर महिला को पीटने, भूत प्रेत के चक्कर में ली शिक्षक की जान लेने, अंध विश्वास में जीजा द्वारा साली की जीभ काटे जाने जैसी घटनाओं को पीवीसीएचआर के एक्जीक्यूटिव डायरेक्टर/सके्रटरी जनरल डा. लेनिन ने जिला कोआर्डिनेटर सत्यप्रकाश के माध्यम से शासन में भेज दिया। पुलिस उपमहानिरीक्षक के स्तर से पुलिस अधीक्षक को मामले की जांच के लिए पत्र आया। इसे गंभीरता से लेते हुए पुलिस अधीक्षक दीपक कुमार ने मामले की जांच कराया। पाया गया कि जगेसरी देवी की जीभ काटने के मामले में आरोपी के खिलाफ मुकदमा दर्ज कर आरोपियों को जेल भेजा जा चुका है। दूसरे प्रकरण में सोमारी देवी और उसके पति के बीच सुलह समझौता हो गया है।
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