Thursday, May 26, 2011

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
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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)