Friday, August 26, 2011
Wednesday, August 24, 2011
Promoting psycho-legal framework to reduce TOV in India
Promoting psycho-legal framework to reduce TOV in India
International project in India
Country: India
Contact person: Erik Wendt
Partner: People's Vigilance Committee on Human Rights (PVCHR) works towards a democratic India in respect of human rights. The organization does advocacy work and works with campaigns to increase awareness at an international-, national- and at grass-root level. PVCHR works to educate communities about their human rights, and focuses especially on the rights of marginalized groups. They also work to prevent police torture, and to secure the right to food and education. PVCHR has developed a special capacity as a knowledge centre promoting testimonial therapy for psycho-social rehabilitation of torture survivors.
Context: International monitors report widespread violations of human rights, including the use of torture in India, the world's second most populous country.
India has signed the United Nations Convention against Torture (on 14 October, 1997), but the country has not ratified the convention. The Constitution, adopted in 1950, guarantees fundamental rights, such as the right to life and personal liberty, equality before the law, procedural rights, freedom of religion, freedom of expression, cultural and educational rights, and the right to redress in courts. However anti-terror legislation and the cast system in particular have contributed to a culture of impunity. The caste system continues to survive in modern India, and social structure prevents someone from a lower caste to enforce their rights.
Torture is not criminalized in domestic Indian law, and security forces and police perpetrate human rights violations frequently. Despite constitutional guarantees, legal protection and reports in the media, beatings, rape and torture seem to be part of a routine continuing unabated. Police torture has been documented and torture and organized violence (TOV) by both state and non-state parties against minorities occurs in India. Torture is used as standard operating procedure in police investigations of crime. Prisoners are one of the weakest constituencies in the society. They have no voting rights, have very limited access to the outside world, and are under the complete control of the prison authority. Trials can take years, and prisoners wait in overcrowded detention centers. Often, they have no lawyers, live in miserable conditions, do not have access to adequate medical care, and are likely to be tortured or exploited. Individuals who are poor and socially and politically marginalized are especially vulnerable to prolonged detention and ill-treatment. A significant number of torture cases, ill treatment and inhuman behaviour take place every year in the hands of the police. Under Indian law, there is no enforceable right to rehabilitation for torture survivors.
Project:
In a context of impunity, limited access to justice, and limited rehabilitation services, the PVCHR and RCT introduce a psycho-legal approach. The overall objective is a strong and well organized testimonial campaign, which contributes to eliminate impunity for perpetrators of torture in India
The project will work with rehabilitation, community empowerment and sustainable organizational strategies. The rehabilitation work will focus on Testimonial Therapy (TT) and the project will eventually serve as a platform for a scientific research project for validation of the TT approach.
The aim is to increase capacity for delivery of testimonial therapy among the organizations and institutions of the newly created National Alliance of Testimonial Therapy (NATT). NATT has been organized to provide an administrative structure for TT activities in India, including training and research. Information derived from testimonial therapy narratives will constantly be used to shape and strengthen advocacy campaigns supporting the prevention and elimination of torture.
Main activities of the RCT and the PVCHR partnership:
- Member organizations of NATT will be trained on Testimonial Therapy (TT)
- Direct support to survivors of torture through TT.
- Community based honor ceremonies & folk school will be organized to foster community awareness and empower of survivors of TOV.
- Initiation of advocacy campaigns against torture through NATT.
- Setting up of consultation meeting with organizations allied with NATT, as to share knowledge and conduct the TT campaign.
- Prepare and publish information materials about the testimonial approach.
- Lobby with policy makers and governmental agencies, using testimonies to create awareness of the negative impact of torture.
- Publish regular newsletters, pamphlets and reports through the NATT.
- Draw national and international attention to torture in India through the use of web advocacy to disseminate testimonial narratives to a wider range of stakeholders.
- Support victims in court.
About Testimonial Therapy
Testimonial Therapy (TT) is an individual psychotherapy for survivors of torture and other types of organised violence involving the narration of survivors' traumatic experiences. The trauma stories are recorded, jointly edited by the therapist and survivor, and compiled into a document, which maybe used by the survivors to raise public and international awareness about human rights violations. Over the decades TT has been successfully adapted and used in diverse cultural and political contexts.
In 2008, the testimonial method was introduced to People's Vigilance Committee for Human Rights (PVCHR) - a human rights organisations providing legal assistance to torture survivors in one of the most socioeconomically marginalised regions in India Unique features of the TT version developed during this process included: (1) a brief format (three to four sessions) including psycho-education, monitoring and evaluation; (2) conducted by non-professional counselors; (3) a testimony ceremony; (4) a meditative exercise; and (5) a context-specific manual and training course for counselors. The testimony delivery ceremony is considered the 'turning point' of this brief-format TT and involves presentation of the testimony document to participants before significant others. It symbolises the transition of the survivors' private and subject pain into the public, legal and political sphere.
A preliminary study conducted in India indicated a positive effect of TT as assessed by increased well-being scores and information obtained from interviews with survivors and the trained human rights workers. Also in 2008, the brief-format TT was introduced to Sri Lanka for survivors of torture and ill-treatment. A manual was compiled and Sri Lankan human rights activists and community workers were trained in taking testimonies, as well as in monitoring and evaluation. In 2009 TT was introduced to The Transcultural Psychosocial Organisation Cambodia (TPO Cambodia)and in 2010 to Balay in the Philippines.
TT is not one, clinical counseling or rehabilitation method amongst many others, but a specific form of "political" therapy which should be conducted within the framework of a justice process, a human rights movement, or a political or feminist movement. This requires that counselors are convinced of the struggle for human rights and justice, and that some counselors are more suited to conduct TT than others.
Read more: Homepage dedicated to Testimonial Theraphy
Saturday, August 20, 2011
Wednesday, August 17, 2011
Immediate enactment of anti - torture bill
http://www.ipetitions.com/petition/antitorture/
To,
H.E President of India
Government of India
New Delhi
Respected Madam,
· Ratification of United Nation Convention Against Torture (UNCAT)
· Rehabilitation policy for the survivors of Torture and Organized Violence.
· Immediate enactment of anti – torture bill in context of United Nation Convention (UNCAT). Open letter to Prime Minister of India on Prevention of Torture Bill, 2010 http://pvchr.blogspot.com/2010/07/prevention-of-torture-bill-2010.html , Open letter to Civil Society Organizations of India on Prevention of torture Bill, 2010 http://bargad.org/2010/09/20/pvchar-torture-bill/
Thanking You
Sincerely Yours
..................
To,
H.E President of India
Government of India
New Delhi
Respected Madam,
· Ratification of United Nation Convention Against Torture (UNCAT)
· Rehabilitation policy for the survivors of Torture and Organized Violence.
· Immediate enactment of anti – torture bill in context of United Nation Convention (UNCAT). Open letter to Prime Minister of India on Prevention of Torture Bill, 2010 http://pvchr.blogspot.com/2010/07/prevention-of-torture-bill-2010.html , Open letter to Civil Society Organizations of India on Prevention of torture Bill, 2010 http://bargad.org/2010/09/20/pvchar-torture-bill/
Thanking You
Sincerely Yours
..................
Information about NATT in Hindi
Information about National Alliance on Testimonial Therapy in Hindi:
About NATT Hindi[1]
Application form:
Application Form
About NATT Hindi[1]
Application form:
Application Form
Tuesday, August 16, 2011
Sunday, August 14, 2011
Wednesday, August 10, 2011
Friday, August 5, 2011
NHRC takes notice, seeks explanation
NHRC takes notice, seeks explanation
NEW DEHLI, August 4: The National Human Rights Commission (NHRC) has taken
cognizance on a complaint regarding death of Nazim Rashid, aged 28 years, in the police custody at Sopore town. The Commission has asked Director General (Investigation) to collect the requisite reports from the concerned authorities within eight weeks. It has also issued notice to Director General Police (DGP), Jammu & Kashmir as to why the intimation about the death in judicial custody was not communicated within 24 hours to the Commission, as per its guidelines.
The Commission had received a complaint about the incident from Dr. Lenin of People's Vigilance Committee on Human Rights, PVCHR on August 1, 2011 through email, whereby he had referred a news link which alleged that Nazim Rashid, resident of Alamdar Colony of Krankshiven was tortured to death by the Special Operation Group (SOG) of police and Army officials in Sopore Town.
The family members of Nazim alleged that their son was picked up by the SOG of police in the presence of army officials on the afternoon of the 30th July, 2011 for questioning in connection with the killing of a labourer, Muhammad Ashraf Dar, who was killed by militants.
On July 31, 2011 they came to know through some journalists that Nazim died in police custody and also post mortem was conducted in presence of a Magistrate. The family of deceased also alleged that the body of Nazim was not handed over to them.
Abdul Rashid Shall, father of Nazim alleged that he saw the dead body of his son. There were visible marks of torture in it and it was swollen since they forcibly fed him with buckets of water.
http://www.greaterkashmir.com/news/2011/Aug/5/nhrc-seeks-explanation-from-jk-police-85.asp
NHRC seeks explanation from JK police
PRESS TRUST OF INDIA
New Delhi, Aug 4: The National Human Rights Commission (NHRC) Thursday sought explanation from Jammu and Kashmir Police as to why it did not intimate it about the death of a youth in custody within the stipulated 24 hours.
The action came after NHRC received a complaint from an activist about the incident. An NHRC spokesperson said the Commission has asked its Director General (Investigation) to collect requisite reports from concerned authorities within eight weeks and report to it.
It has also sought an explanation from the state's Director General of Police as to why the intimation about the death in police custody was not communicated within 24 hours to the Commission as per its guidelines, the spokesperson said. The complaint was with regard to the death of Nazim Rashid (28) in police custody in Sopore of North Kashmir on July 31.
"The Commission received a complaint about the incident from Dr Lenin of People's Vigilance Committee on Human Rights, on August one through email, whereby he referred a news link which alleged that Rashid, resident of Alamdar Colony of Krankshiven was tortured to death by the Special Operation Group (SOG) of police and Army officials in Sopore Town," the spokesperson said.
On July 31, a 28-year old shopkeeper, Nazim Rashid, was allegedly tortured to death in police custody in north Kashmir's Sopore area. Nazim was picked by the security forces from his home Saturday afternoon for questioning in connection with the killing of a civilian in the area.
heard to unheard testimonies of marginalized by state
An analysis report on the cases of dalits atrocities were written "Can dalits make a claim of their fundamental rights in the Raj of Ms. Mayawati?" http://www.pvchr.net/2011/04/can-dalits-make-claim-of-their.html was sent to the concerned authorities for the taking appropriate action.
The investigation started in all cases intervention of DGP and on 5 August, 2011 we recieved explanation in each cases from DIG Mr. Ashutosh Pandey.
Letter
Explanation
The investigation started in all cases intervention of DGP and on 5 August, 2011 we recieved explanation in each cases from DIG Mr. Ashutosh Pandey.
Letter
Explanation
The cases produced in the People’s Tribunal hears tales of SHRC apathy in the face of rights violations
Cases to SHRC
For more information about Peoples' hearing please visit the URL:http://www.mediachargesheet.com/?p=483
For more information about Peoples' hearing please visit the URL:http://www.mediachargesheet.com/?p=483
Thursday, August 4, 2011
Acknowledgement letter: Complaint regarding 'Dabango dwara garib ko di gayi yatna ke sandarbh main'
---------- Forwarded message ----------
From: jrlawnhrc <jrlawnhrc@nic.in>
Date: Thu, Aug 4, 2011 at 2:10 PM
Subject: Acknowledgement letter
To: pvchr.india@gmail.com
From: jrlawnhrc <jrlawnhrc@nic.in>
Date: Thu, Aug 4, 2011 at 2:10 PM
Subject: Acknowledgement letter
To: pvchr.india@gmail.com
Dated: 4.8.2011
Case No. 30012/24/692011
S Sub : - Complaint regarding 'Dabango dwara garib ko di gayi yatna ke sandarbh main'
Sir,
With reference to your letter dated 8.7.2011, addressed to the Chairperson of the Commission, I am directed to acknowledge the receipt of the letter. It is being placed before the Commission.
The Case Number, as mentioned above, may kindly be referred to, in future correspondence in the matter.
Yours faithfully,
(A.K. Parashar
Acknowledgement letter:Complaint regarding 'Dabang or Police dwara di gayi yatna ke sandarbh main'
---------- Forwarded message ----------
From: jrlawnhrc <jrlawnhrc@nic.in>
Date: Thu, Aug 4, 2011 at 2:06 PM
Subject: Acknowledgement letter
To: pvchr.india@gmail.com
From: jrlawnhrc <jrlawnhrc@nic.in>
Date: Thu, Aug 4, 2011 at 2:06 PM
Subject: Acknowledgement letter
To: pvchr.india@gmail.com
Dated: 4.8.2011
Case No. 30015/24/692011
To,
Dr. Lenin
Secretary General - PVCHR
E-mail Id- pvchr.india@gmail.com
S Sub : - Complaint regarding 'Dabang or Police dwara di gayi yatna ke sandarbh main'
Sir,
With reference to your letter dated 8.7.2011, addressed to the Chairperson of the Commission, I am directed to acknowledge the receipt of the letter. It is being placed before the Commission.
The Case Number, as mentioned above, may kindly be referred to, in future correspondence in the matter.
Yours faithfully,
(A.K. Parashar
Acknowledgement letter:Complaint regarding Musafir Ghasia, Vill. PS. Robertsganj.
---------- Forwarded message ----------
From: jrlawnhrc <jrlawnhrc@nic.in>
Date: Thu, Aug 4, 2011 at 12:38 PM
Subject: Acknowledgement letter
To: pvchr.india@gmail.com
From: jrlawnhrc <jrlawnhrc@nic.in>
Date: Thu, Aug 4, 2011 at 12:38 PM
Subject: Acknowledgement letter
To: pvchr.india@gmail.com
Dated: 4.8.2011
Case No. 30032/24/692011
To,
Dr. Lenin
Secretary General - PVCHR
E-mail Id- pvchr.india@gmail.com
Sub : - Complaint regarding Musafir Ghasia, Vill. PS. Robertsganj.
Sir,
With reference to your letter dated 8.7.2011, addressed to the Chairperson of the Commission, I am directed to acknowledge the receipt of the letter. It is being placed before the Commission.
The Case Number, as mentioned above, may kindly be referred to, in future correspondence in the matter.
Yours faithfully,
(A.K. Parashar
Tuesday, August 2, 2011
FREED LABOURERS & PVCHR ACTIVISTS
 | National Human Rights Commission, New Delhi, India |
| Case Details of File Number: 25102/24/72/2011 | |
| Diary Number | 88121 |
| Name of the Complainant | PVCHR ED |
| Address | < PCHR.INDIA@GMAIL.COM > |
| VARANASI , UTTAR PRADESH | |
| Name of the Victim | FREED LABOURERS & PVCHR ACTIVISTS |
| Address | VARANASI, |
| VARANASI , UTTAR PRADESH | |
| Place of Incident | VARANASI |
| VARANASI , UTTAR PRADESH | |
| Date of Incident | 6/1/2011 |
| Direction issued by the Commission | Issue notice to the DM, Varanasi, U.P., calling for a report within four weeks. |
| Action Taken | Notice Issued |
| Status on 8/3/2011 | Response from concerned authority is awaited. |
Note: For further details kindly contact National Human Rights Commission, Copernicus Marg, New Delhi, PIN 110001 Tel.No. 23385368 Fax No. 23384863 E-Mail: covdnhrc@hub.nic.in
Disclaimer: Neither NHRC nor NIC is responsible for any inadvertent error that may have crept in the Complaint Information being published on NET. The Complaint Information on net is for immediate information to the Complainants/ Victims.
A hope for justice
Investigation started in the cases handed over to the National Human Rights Commission (NHRC) during the regional convention held on 26 June on the occasion of International Day Against Tortureat Lucknow the state capital of Uttar Pradesh. http://www.testimonialtherapy.org/2011/07/forum-for-voice-of-victims.html
fulegan mushahar
Lalchand[1]
fulegan mushahar
Lalchand[1]
Monday, August 1, 2011
RAM DAYAL MUSHARS S/O LOCHAN MUSHAR & SUNITA
| National Human Rights Commission, New Delhi, India |
| Case Details of File Number: 37528/24/72/2010-BL | |
| Diary Number | 97953 |
| Name of the Complainant | LENIN, EXECUTIVE DIRECTOR |
| Address | PEOPLE'S VIGILANCE COMMITTEE ON HUMAN RIGHTS, S A4/2A, DAULATPUR, |
| VARANASI , UTTAR PRADESH | |
| Name of the Victim | RAM DAYAL MUSHARS S/O LOCHAN MUSHAR & SUNITA |
| Address | MAUZA SARAI, PHULPUR, TEH- PINDRA, |
| VARANASI , UTTAR PRADESH | |
| Place of Incident | SHIVPUR TEHSIL- SADAR |
| VARANASI , UTTAR PRADESH | |
| Date of Incident | 1/1/1991 |
| Direction issued by the Commission | "The Commission vide its proceedings dated 29.4.2011 observed and directed as under:- "The report submitted by ADM, Varanasi cannot be accepted. The Commission, therefore, directs the Additional District Magistrate (Varanasi) to depute a team of at least two senior officers as per provisions of section 10 of the Bonded Labour System (Abolition) Act, 1976 to the spot who shall record the statements of the brick kiln owner, examine the records in the light of the allegations made by the alleged bonded labourers in their affidavit and also record their statements by visiting their village, which falls 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 positively on the following points:- 1. Whether any advance was given to the alleged bonded labourers, as alleged. 2. Whether the labourers worked for 28 weeks as claimed by them. 3. Whether the employer has maintained proper records of bricks made by the labourers and payments made to them from time to time. 4. Whether minimum wages have been paid to the labourers. 5. Whether a sum of Rs.2,67,880/- is due to the labourers as claimed by them. If not, how much is due. 6. (a) Whether the provisions of all labour laws have been followed by the employer? (b) If not, whether the labourers are entitled to be declared as bonded labourers." The aforesaid directions were conveyed to Additional District Magistrate, Varanasi, Uttar Pradesh on 9.5.2011 calling for a report by 9.6.2011. However, no response has been received from him till date. Issue a reminder to the Additional District Magistrate, Varanasi to expedite the enquiry and submit the report to the Commission within four weeks positively." |
| Action Taken | Additional Information Called for (Dated 7/7/2011 ) |
| Status on 8/1/2011 | Response from concerned authority is awaited. |
Note: For further details kindly contact National Human Rights Commission, Copernicus Marg, New Delhi, PIN 110001 Tel.No. 23385368 Fax No. 23384863 E-Mail: covdnhrc@hub.nic.in
Disclaimer: Neither NHRC nor NIC is responsible for any inadvertent error that may have crept in the Complaint Information being published on NET. The Complaint Information on net is for immediate information to the Complainants/ Victims.
NHRC response on Bonded labour case
| National Human Rights Commission, New Delhi, India |
| Case Details of File Number: 8826/24/39/2011-BL | |
| Diary Number | 39639 |
| Name of the Complainant | LENIN, SECRETARY GENERAL |
| Address | MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2A, DAULATPUR, |
| VARANASI , UTTAR PRADESH | |
| Name of the Victim | BONDED LABOURER & OTHERS |
| Address | VILL. SAKARA, PO. RAMPUR, PS. RAMPUR, |
| JAUNPUR , UTTAR PRADESH | |
| Place of Incident | SAKARA |
| JAUNPUR , UTTAR PRADESH | |
| Date of Incident | 1/1/1991 |
| Direction issued by the Commission | These proceedings shall be read in continuation of the earlier proceedings of the Commission dated 26.4.2011. In response, a letter dated 9.6.2011 has been received from Distt. Magistrate, Jaunpur along with the copy of the report dated 16.5.2011 received from Sub-Divisional Magistrate, Madiahu having been sent to the Commission vide letter dated 17.5.2011. Perusal of the same reveals that during enquiry the statement of Rajender, Guddu, etc. was recorded who informed that the rate for moulding of bricks was fixed at Rs. 300/- per thousand bricks but the brick kiln owner made payment only @ Rs.150/- per thousand bricks. On demand of full wages they were threatened by the persons named in the statement. During enquiry brick kiln owner Subhash Singh was also examined who stated that the labourers came at his brick kiln on 7.9.2010 and have not been coming to the brick kiln since 20.2.2011. It is further revealed that all the labourers were given a diary wherein the details of the work done and payment made was written by him or his munshi. The labourers have been paid the wages as per the work done by them. Since he has to take some amount from the labourers and as such they have made this false complaint so that they may not have to return the said amount due to him. It is also revealed that since the brick kiln owner failed to produced the books of accounts and as such criminal action has been taken. The labourers have also expressed danger to their lives and as such they are not going back to their houses. Incharge police station Sureri has been requested to provide protection to them. The Commission has considered the report. The copy of the statement which is on the file does not reveal as to on which date it was recorded, by whom it was recorded as it is not certified by any of the members of the investigating teams. In the report it has not been stated that as to on which date Sub-Divisional Magistrate along with other officers visited the brick kiln. The labourers have expressed apprehension about danger to their lives and incharge police station Sureri has been requested to provide protection to the labourers. When the brick kiln owner has not produced any books of accounts how statement made by the brick kiln owner that the labourers owe him money can be relied upon. The said statement is recorded by Labour Enforcement Officer, Jaunpur on 3.3.2011 which prima-facie shows that the Investigating team visited the brick kiln on 3.3.2011. As per the statement made by the brick kiln owner, the labourers stopped coming to the brick kiln w.e.f. 20.2.2011. In these circumstances, Commission is unable to place reliance on the report. The report received is an eye wash. Parliament has enacted various legislations including Bonded Labour System (Abolition) Act, 1976. Various other Statutes, such as Payment of Wages Act, 1936; Minimum Wages Act, 1948; Prevention of Scheduled Castes and Scheduled Tribes (Atrocities) Act, 1989; Interstate Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979; Contract Labour (Regulation and Abolition) Act, 1920; Child Labour (Prohibition and Regulation) Act, 1976; Employment and Conditions of Service Act, 1979; and Weekly Holidays Act, 1942 were required to be examined. It was the duty of the enquiry officer to have seen whether there is complete compliance of all the labour legislations. The provisions contained in Section 10 of the Act are not strictly followed while making an inquiry. Attention is not paid to the provisions contained in sub-clause (g) of Section 2, which points out the system of forced or partly forced labour where one has to presume that labourer has entered into an agreement with the creditor to the effect that in consideration of an advance obtained by him or for any economic consideration received by him, he would render services without wages or with nominal wages and he forfeits the freedom of employment or other means of livelihood or he forfeits the right to move freely or forfeits the right to appropriate or sell at market value any of his property or product of his labour or the labour of a member of his family. This includes the system of forced or partly forced labour and presumption is required to be raised. Sub-clause (i) of Section 2 defines 'nominal wages'. If the wages, which are less than the Minimum Wages fixed by the government, are paid the provision is attracted. The officer should know about the decision of the Apex Court wherein the broad, liberal and expansive interpretation of the definition of 'bonded labour system' is given. According to the interpretation, it is not necessary to prove beyond doubt the element of loan/debt/advance in the creditor/debtor relationship. Such an element can always be implied or assumed. This is on account of the fact that the creditor and the debtor represent two diametrically opposite sections of the society. Traditionally, the debtor is poor, resourceless and in need of defence, whereas the creditor is rich, resourceful and dominant. Thus, their relationship is an unequal exchange relationship. If the debtor is rendering certain services to the creditor without any wage or with nominal wage, it is to be presumed that he is doing it not out of any charity but out of some economic consideration. It is on account of this that it is not necessary to prove beyond doubt the element of loan/debt/advance. The provisions contained in Article 23 of the Constitution of India are also not noticed by the officers. Even if remuneration is paid, labour supplied by the persons would be hit by Article 23 if it is forced labour i.e. service has been rendered by force or compulsion. Article 23 strikes at all forms of forced labour even if it has its origin in a contract voluntarily entered into by the person obligated to provide labour or service. It should not be forgotten that the poor people in this country, who are uneducated or mostly belong to Scheduled Castes and Scheduled Tribes, have no other alternative but to survive on the earth with whatever is paid. They are required to do work as directed by their masters and they have no alternative but to accept whatever is paid to them. It is for the officers exercising powers under the Bonded Labour System (Abolition) Act, 1976, to read between the lines and to understand the circumstances under which a poor person is compelled to work. He would send a complaint as a last resort. Without making any inquiry from such labourers and accepting the version of the employer is nothing but breach of the duty cast upon them. It is their duty to raise a presumption when the employer has failed to produce relevant records required to be maintained under the Minimum Wages Act and to declare labourers as bonded labourers when they are not paid Minimum Wages according to law and no satisfactory evidence is produced as pointed out under the Minimum Wages Act. Law mandates that the employer shall maintain registers and records giving particulars of employees employed by him, the work performed by them, the wages paid to them and the receipt obtained. When the brick kiln owner claims that he has paid minimum wages under Minimum Wages Act then it is for him to produce documentary evidence in proof of payment to show that he has paid wages in accordance with law. It is for this purpose that he is required to maintain muster roll. If the employer fails to produce the books of accounts then the Distt. Magistrate or the officer authorized by him must raise the presumption that the labourers were kept as bonded labourers. Every employer is required to maintain a register of wages in form X. He shall mention the details of the person employed complete the entries pertaining to wage period. A wage slip in form XI shall be issued by every employer to every person employed by him. He shall get the signature or thumb impression of every person employed, on the register of wages and wage slip. These entries in the register shall be authenticated by the employer or any person authorized by him in this behalf. A muster roll shall be maintained by every employer at the work spot and kept in form IX and the attendance of each person employed in the Establishment shall be recorded daily in that form within three hrs. of the commencement of the work shift. It has been observed by the Commission that the team who visits the brick kiln for inspection does not take trouble to verify as to whether the employer is maintaining these records as mandated by Law. The team also does not verify if the entries in the register of wages and wage slips have been authenticated by the employer or by any other person authorized by him in this behalf. In the absence of these books of accounts a duty is caste on Distt. Magistrate to presume that the allegations made in the complaint are true and they are being kept as bonded labourers. The Commission, while calling upon the District Magistrate to submit the report, specifically pointed out that he shall not only report about the functioning of the Vigilance Committee but shall also convey about the assistance taken of Member /Members of such Committee, a Non-Governmental Organization or a Social Worker during the enquiry giving all details. The Supreme Court, in case Neeraja Choudhary Vs. State of M.P. reported in (1984) 3 SCC 243, has pointed out that it would be difficult to rely on the enquiry or investigation made by subordinate officers such as Tehsildars and Patwaris as they are found either in sympathy with the exploiting class or lacking in social commitment or indifferent to the misery and sufferings of the poor and the downtrodden. Panchayats may have vested interests and having regard to the functioning, may not be more effective in the task of identification and release of bonded labourers. The Apex Court pointed out the incident about the Tehsildar making an enquiry and submitting a report. Apex Court pointed out that whenever any officer of the District Administration goes to a place for identification and release of bonded labourer on the basis of the information given by such representative of the Social Action Group, he shall take such representative with him and a copy of report made by him shall be handed over immediately to such a representative. Despite this decision reported in 1984, today, the situation has not at all improved. The District Magistrate was, therefore, asked to take the assistance of a Member of the Vigilance Committee or a Social Worker or an NGO, who can in a friendly manner talk to the labourers. The labourers realizing that the person, who has come to enquire, is a friend and may communicate the truth. To suppress these aspects, it is found that in no case so far it is reported that the District Magistrate or his subordinate has taken the assistance of an NGO or a Social Worker or a Member of a Vigilance Committee despite pointing out the need. Report prepared without assistance of such independent agency cannot be relied upon. If the enquiries are not conducted immediately by the officer concerned amounts to nothing but frustrating the object of the Act. The philosophy of the Constitution, the intention of the Parliament in enacting and amending Labour Welfare Legislation and interpreted by Supreme Court that the denial of minimum wages tantamount to forced labour and infringement of Article 23 of Constitution of India thus, affecting the provisions of Bonded Labour System (Abolition) Act. It is clear that there is a violation of human rights and various labour welfare legislation. The damage caused cannot be repaired but can be remedied by declaring them as bonded labourers and further by rehabilitating after issuance of certificate in accordance with the policy of the government. However, if the Distt. Magistrate, Jaunpur, UP is unable to act within a period of four weeks as per mandate of law, and direction of the Supreme Court given in various decisions, he shall personally appear before the Commission and shall explain the reasons thereof on 5.8.2011 at 11.00 A.M. On failure of either, coercive process may be issued. |
| Action Taken | Additional Information Called for (Dated 6/30/2011 ) |
| Status on 8/1/2011 | Response from concerned authority is awaited. |
Note: For further details kindly contact National Human Rights Commission, Copernicus Marg, New Delhi, PIN 110001 Tel.No. 23385368 Fax No. 23384863 E-Mail: covdnhrc@hub.nic.in
Disclaimer: Neither NHRC nor NIC is responsible for any inadvertent error that may have crept in the Complaint Information being published on NET. The Complaint Information on net is for immediate information to the Complainants/ Victims.
JAGESHWARI DEVI,SONEBHADRA , UTTAR PRADESH and NHRC
| National Human Rights Commission, New Delhi, India |
| Case Details of File Number: 12216/24/69/2011-WC | |
| Diary Number | 56055 |
| Name of the Complainant | LENIN, EXECUTIVE DIRECTOR |
| Address | PEOPLE'S VIGILANCE COMMITTEE ON HUMAN RIGHTS, S A4/2 A, DAULATPUR, |
| VARANASI , UTTAR PRADESH | |
| Name of the Victim | JAGESHWARI DEVI |
| Address | R/O VILL. KARAHIYA, |
| SONEBHADRA , UTTAR PRADESH | |
| Place of Incident | VILL. KARHIYA |
| SONEBHADRA , UTTAR PRADESH | |
| Date of Incident | 7/31/2010 |
| Direction issued by the Commission | The case No. 31884/24/69/2010-WC has already been registered in the Commission and the case No. 12216/24/69/2011-WC has now been registered on the complaint of Dr. Lenin, Executive Director, People's Vigilance Committee on Human Rights, S A4/2 A, Daulatpur, Varanasi, Uttar Pradesh. Both the cases relate to the same subject and therefore be clubbed together. (Link File No. 31884/24/69/2010-WC) |
| Action Taken | Notice Issued |
| Status on 8/1/2011 | Response from concerned authority is awaited. |
Note: For further details kindly contact National Human Rights Commission, Copernicus Marg, New Delhi, PIN 110001 Tel.No. 23385368 Fax No. 23384863 E-Mail: covdnhrc@hub.nic.in
Disclaimer: Neither NHRC nor NIC is responsible for any inadvertent error that may have crept in the Complaint Information being published on NET. The Complaint Information on net is for immediate information to the Complainants/ Victims.
Acknowledgement Letter:Complaint regarding four persons killed on 19.7.2011 in the name of witch by the perpetrators
http://petition-nhrc.blogspot.com/2011/07/blog-post_29.html
---------- Forwarded message ----------
From: jrlawnhrc <jrlawnhrc@nic.in>
Date: Mon, Aug 1, 2011 at 3:22 PM
Subject: Acknowledgement Letter
To: pvchr.india@gmail.com
From: jrlawnhrc <jrlawnhrc@nic.in>
Date: Mon, Aug 1, 2011 at 3:22 PM
Subject: Acknowledgement Letter
To: pvchr.india@gmail.com
Dated: 1.8.2011
Case No. 326/33/0/2011
To,
Dr. Lenin
Secretary General - PVCHR
E-mail Id- pvchr.india@gmail.com
Sub : - Complaint regarding four persons killed on 19.7.2011 in the name of witch by the perpetrators.
Sir,
With reference to your E-mail dated 29.7.2011, addressed to the Chairperson of the Commission, I am directed to acknowledge the receipt of the letter. It is being placed before the Commission.
The Case Number, as mentioned above, may kindly be referred to, in future correspondence in the matter.
Yours faithfully,
(A.K. Parashar)
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