D. K. Basu Guidelines

D.K. Basu guideline

NHRC sends notice to state a day after police gun down five

http://www.pvchr.net/2012/02/nhrc-sends-notice-to-state-day-after.html

‘‘कही यह मुसहर होने का दण्ड तो नही’’

http://myselfsuffering.blogspot.in/2012/02/blog-post.html

India: Impunity in case of trafficked bonded labour from Chhatisgarh: a story of aam-jan (common people) in India

http://www.pvchr.net/2012/02/india-impunity-in-case-of-trafficked.html

Voice of Voiceless "Torture, Testimonies and Right to Health"

Vol. 2 No. 3

Invitation for the inauguration of Savitri Bai Phule Women Centre

Dear All,

Greetings from PVCHR

You are cordially invited to participate in the inauguration of Savitri Bai Phule Women Center. The centre will be jointly inaugurated by Prof. Priyankar Upadhayay, Director, Malviya Centre for Peace and Research and UNESCO Chair for Peace and Intercultural Understanding Banaras Hindu University (BHU) and Helma Ritscher, Chairwoman, Indo-German Society of Remscheid, Germany

The center was built with with financial support from German Ministry NRW via GIZ GmbH and Indo – German Society of Remscheid, Germany. The land was donated by Mrs. Urmila Singh.

Thanking You

Lenin Raghuvanshi
Executive Director
PVCHR/JMN
www.pvchr.asia, www.pvchr.net

http://issuu.com/elias.schmidt/docs/brochure_pvcrh_2011?mode=window&backgroundColor=%23222222

Tea labourers die of starvation due to exploitation of garden management and government apathy in Assam

House of Atul Bauri who recently died allegedly of starvation. His daughter and other family members are in front of the house.

Barak Human Rights Protection Committee (BHRPC) has learnt about 11 recent deaths due to starvation, malnutrition and lack of medical care in Bhuvan Valley Tea Estate, a privately owned tea garden, in the district of Cachar in North-East Indian state ofAssam. The conditions of at least 5 others are so bad that it would be hard for them to survive a month without urgent medical and nutritional intervention. Arbitrary and exploitative actions of both the estate management and government drove about three thousand labourers and their families on the verge of starvation. The management abruptly closed the garden on 8 October, 2011 without paying wages due for 9 weeks, dues from provident fund and other benefits and alternative livelihood. The government public distribution system (PDS) and health care facilities are conspicuous by their absence. It is feared that without urgent and substantial intervention reports of deaths will keep coming.

BHRPC learnt about the deaths from the reports published on 16 January, 2012 in the local newspaper about a gathering of the tea labourers in front of the district administrative headquarters at Silchar. The labourers gathered to know the outcome of the tripartite meeting among district administration, Barak Cha Shromik Union (a tea plantation labourers union known to be affiliated with ruling political party) and estate management about the situation of tea garden and labourers. Speaking to the news reporters the labourers informed that 9 persons had already been died due to starvation and malnutrition till 15 January.

BHRPC members with local leaders at Chengjur on 27 January 2012

To verify the claims of the labourers and gather more information about the situation BHRPC formed a fact-finding team comprising of Dr. Prasenjit Biswas, Mr. Neharul Ahmed Mazumder, Mr. Sadique Mohammed Laskar, Mr. Waliullah Ahmed Laskar, Mr. Raju Barbhuiya and Mr. Nirmal Kumar Das. The team visited the tea garden area on 27 January and talked with the victims, their family members, neighbours and leaders of the labourers. This report is the outcome of that exercise.

It is learnt that Rameshwar Kurmi (45), Subhasini Paul (80), Shachindra Ree (32), Shyamacharan Bauri (55), Nagendra Bauri (55), Sonamani Pandey (40), Bharati Kal (45), Susham Tanti (35) Ratna Goala (50) and Atul Bauri lost their lives due to starvation, malnutrition and lack of medical care. All were labourers or ex-labourers of the tea garden or their dependents.

Ramashish Dushad lying on a bedstead, his legs are swollen and infected.

Mr. Ramashish Dushad (80) of Didarkhush Grant is suffering from swelling on his legs and is now completely impaired, his body does not even permit him to get up from the bed. He is an ex-labourer. According to him, he did not receive his dues from provident fund, gratuity and arrears. He has none to take care of him, and he has no such ability to engage someone as caretaker, moreover the management and the government are indifferent about him. He is waiting for his last moment.

Mr. Prakash Ghatowar (80) and his daughter-in-law Moni Ghatowar (32) of Didarkhush Grant are also suffering from swelling on their legs. They also narrated the same story of government apathy and injustices of the management. They are deprived of livelihood, remunerations and proper medical treatment. Prakash is half fed with his family of one daughter-in-law, three daughters and grandchildren. He lost his physical strength and in no position to exert himself in any kind of manual works. His grand children Pinki Ghatowar (17), Kamalabati Ghatowar (15) and Rinki Ghatowar (12) are compelled to collect firewood from the far off jungles and sell them in the far off markets ignoring their studies. Prakash and Moni are suffering from acute mal-nutrition and may die if no early intervention is made.

Prakash Ghatowar and Moni Ghatowar

Belbati Bauri sitting at veranda of her house made of mud (second from left)

Belbati Bauri (75), wife of late Debendra Bauri, is also waiting for her last moment. She is week, pale and in need of medical care. Although her son Sricharan Bauri was a permanent labourer in the estate, he was not getting any ration, medicine or remuneration for last six months. Ironically they were regarded as being above poverty line (APL) family, and therefore, are not eligible for government schemes meant for the poor. According to them, other facilities provided by the PDS did not reach to them properly. Other members of the family including a college girl Moni Bauri engaged themselves in hazardous works like collecting firewood and selling them for food and medicine for themselves and the sick members. The family has six members.

Putul Bauri showing his swollen legs (left).

Putul Bauri (50) is also suffering from swelling of his legs. His health does not allow him to work, so he resorted to beggary. Wiping his tears again and again he tried to express his sufferings and his anger against the estate management and the labour unions. According to him, the situation of the labourers of the tea garden did not become so bad in a day. It took decades. The labour unions did not raise their voice against the unjust and exploitative policies of the management; for example, wages lower than the all Assam average, non-payment of wages, non-payment of other benefits, gratuity and making the labourers to work overtime without remuneration. Condition of his health is very bad.

Bablu Bauri lying in his courtyard. His father died of hunger recently.

Bablu Bauri (25) and his mother Surabala Bauri (55) had been living under-fed for months. Bablu' father Atul Bauri (60), died recently due to malnutrition and lack of medicine. Bablu was a casual worker in the estate though he worked regularly. They are now confined within the house as it is not permitted by ritualistic rules of their community to go outside the house after death of a family member. They can not go outside in search of livelihood.

Plantation labourers Bashistha Dushad (42), Anjana Dushad (42), Gulab Dushad (50), and some other grassroots leaders like Shyamlal Tanti (45), Budhan Goala (45), Mahendra Majhi (36), Jaharlal Goala, Kamal Ghosh, Nirmal Goala, Luchan Kumar Ghosh and Bachun Satnami narrated the story of their sufferings and expressed their grievances against the indifference of the administration in spite of several representations from them.  They stated that for years the estate management was exploiting them in various ways. Some of the labourers were employed as permanent labourers and are paid wages as low as rupees 50/- per day at the time of the closure and the rest were engaged as casual workers and paid even lower wages at rupees 41/- even though they worked for years. It is also alleged that the estate management did not provide any residential quarters for housing the labourers and their families. The management has engaged hired hooligans to suppress the voice of the exploited whenever they tried to protest, the labourers said.

Villagers taking bath in the cannel, the only source of water.

They also claimed that while the neighbouring estates were providing facilities in spite of all drawbacks, this estate was exploiting them. The wages of the labourers remained pending for long under various pretext, they were told that the estate was suffering loss and would recover very soon but that soon did never come. The management tried to push them to such a situation that the workers would be compelled to search for alternative livelihood and would forget their dues. The workers demanded their dues and stopped working. The estate closed down on 8 October, 2012. Since then the management escaped and engaged their agent named Fulan Ahmed, a local resident as assistant manager to suppress the protest. Finding no other way the workers approached the administration several times. The Deputy Commissioner of Cachar district assured them that he would find a way out. However, the labourers are not in a position to trust any assurance from the government or the management.

The labourers and their families living in the garden area further stated that they were also deprived from the benefits of various welfare schemes launched by the central government and state government. For example, there are only about 7 Anganwadi centres in the whole estate where more than three thousand people are living. The centres are run under the Integrated Child Development Scheme (ICDS) to provide nutrition and health care for the children, adolescents and gestating and lactating mothers. The Supreme Court of India in People'sUnionfor Civil Liberties and others vs. Union of India and others (Writ Petition (C ) No. 196 Of 2001) directed the governments to establish such a centre in every settlement that has at least 40 children under six but no Anganwadi.

Even these few centres are not properly functioning, according to the local inhabitants. They said that workers and helpers of Anganwadi centres come only once or twice in a month. But they also cautioned not to go by the records maintained in the office of the Child Development Project Officer (CDPO) since they maintain false records to show proper utilisation of the money which they siphon off to other channels.

There are also a few houses granted under the Indira Awas Yojna (IAY) in the garden area. However, the people claimed that most of such houses are grated to the labourers who are connected with management and the labour union affiliated with ruling party of the state. The poorer are completely deprived from the IAY.

There is, of course, a house proclaiming through its signboard to be a health centre run under National Rural Health Mission of the government ofIndia. But the local people informed that it is not functioning properly. According to them, it is run by an unqualified practitioner. Moreover, the medicines are not made available.

Villager washing cloth in the same canal

There was also a canal reportedly dug under a scheme under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA), an Act of parliament that provides for 100 days of work for one person from every household and in case of non-availability of work it guarantees unemployment allowance for the same number of days. Due to corruption the provisions of the Act are not implemented properly, particularly in remote areas. The people of the area stated that it is the only work done under MGNREGA in the garden area and it provided only few workdays for only some labourers.

They also stated that the canal is the only source of water. It gives them water for all types of use. People bath in it as well as wash their utensils, cloths and use the same water for drinking and cooking foods.

A woman taking drinking water from the same canal

It is also learnt that the district authority sanctioned Rs 15 lakh per year for primary health care, but there is no sign of its utilization. There is an ambulance, but the driver demands rupees 400 as fare from each patient, which is not affordable to them.

The meeting in the office of the Deputy Commissioner, Cachar resolved that the estate would be opened on January 23, 2012; but nothing happened like that. Again on January 25, 2012 another meeting held in the conference hall of the Deputy Commissioner. ADC Mr. Debashish Chakrabarti, ADC Mr. S. K. Das, Assistant Labour Commissioner Mr. K. Singson, the MLA and the Scretary of Barak Cha Shramik Union Mr. Dinesh Prasad Goala, Assistant Manager of the Tea Estate Mr. Fulan Ahmed and others took part in the meeting. This meeting decided that a committee will be formed under the chairmanship of the SDO (civil) of Lakhipur Sub Division to manage the estate. The workers are still anxious about their future.

BHRPC finds that the anti labour policy of the management and the political interference has led to this situation; every estate is more or less affected by this. The management exploits the illiterate workers with the acquiescence of the authorities, the government facilities does not reach to the beneficiaries, there is no facility provided for the senior citizens and the healthcare facilities are only for namesake. Malnutrition, illiteracy and uncertainty are the common ingredients of the lives of the tea labourers.

Children in front of Belbati Bauri's house.

 

Dr. Prasenjit Biswas (Director, Research and Study)

Waliullah Ahmed Laskar (Director, Law and Legal Affairs)

Neharul Ahmed Mazumder, (Secretary General)

Sadique Mohammed Laskar (Joint Secretary)

Raju Barbhuiya ( Executive Member)

Nirmal Kumar Das (Associate Member)

 

Silchar

1 February 2012

Assault on RCT-partner in India

http://www.rct.org/servicenavigation/news-and-activities/news/2012/02/assault-on-rct-partner-in-india.aspx

Assault on RCT-partner in India

Published 01.02.2012

Death threats against and assault on leader of RCT's Indian partnerorganization.

Lenin Raghuvanshi, founder and leader of RCT's Indian partnerorganization People's Vigilance Committee on Human Rights (PVCHR), has been assaulted on his way back from an evening meeting in Varanasi. Lenin Raghuvanshi has a history of death threats and was knocked to the ground at beaten and kicked several times.

He has been treated at the hospital and is under the circumstances doing well.

PVCHR has worked with RCT since 2008. The organization 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.

"I'm glad Lenin is okay, though shaken. Unfortunately this isn't the first time he has been assaulted", states Erik Wendt, RCT program manager for Asia.

"It's difficult know the exact motive, but as far as I'm informed it has to do with PVCHR being engaged in an election process in Varanasi".

--

 

 

 

NHRC recommended a relief of Rs 25000/- u/s 3(1)(x) of the SC/ST (prevention of atrocities) Act in the matter dalit boy in Tamil Nadu humiliated for collecting drinking water

Diary Number	28074
Name of the Complainant	DR. MOHAN LAL PANDA, ADVISOR PVCHR
Address	R/O B-202, NEELACHAL APPT., PLOT-3, SEC-4, DWARKA,
	SOTH WEST DELHI , DELHI
Name of the Victim	A. VASANTHA KUMAR 7 HIS FATHER & OTHERS
Address	STUDENT OF CLASS X NALLICHETTY PALAYAM TOWN ANNUR,
	COIMBATORE , TAMIL NADU
Place of Incident	KARIKKILIPALAYAM
	COIMBATORE , TAMIL NADU
Date of Incident	6/12/2011
Direction issued by the Commission	These proceedings are in continuation of the earlier proceedings of the Commission. As per the news report under consideration, a dalit boy named A.Vasanthakumar of Nallichettypalayam was forbidden from fetching water from a public tap located at Karikkilipalayam by three women of Chettiyar community. He was also abused in caste name and was also beaten up. Pursuant to the direction of the Commission, the Secretary to the Govt. of Tamilnadu, Tribal welfare Department, has sent his report dated 19.7.2011. As per the report, the incident in question took place on 12.6.2011 at about 21:00 hours. Crime No. 989/11 u/s 323, 506 (i) IPC r/w 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 was registered at P.S. Annur. One accused has since been arrested. The three women accused are yet to be arrested. The report further says that the District Collector of Coimbatore has reported that the proposal from the Police Department, Social Justice and Human Rights wing , is yet to be received and on receipt of the same, the first installment of the relief at Rs. 6250/- out of the total relief amount of Rs. 25,000/- shall be released to the victim. The report further says that a Peace Committee meeting was convened by the RDO, Coimbatore, on 23.6.2011 in which people from Nallichettipalayam and Kurukillyampalayam villages and their representatives participated and it was resolved that the people of Nallichettipalayam would be permitted to take drinking water from the public tap at Kurikiliyampalayam. The people of Nallichettipalayam were also warned that action under the law would be taken if any such complaint was received. From the report above mentioned, it would appear that the Govt. has taken appropriate steps in the matter. Relief of Rs. 25,000/- u/s 3(1)(x) of the SC/ST (Prevention of Atrocities) Act is required to be paid to the victim. Payment of 25% is to be paid when chargesheet is sent to the Court and the rest on conviction. The District Collector, Coimbatore, is directed to ensure that relief is paid to the victim as per law at the two stages. A copy of these proceedings be sent to the District Magistrate for information and necessary action. No further intervention of the Commission in the matter is required and the case is closed.
Action Taken	Concluded and No Further Action Required (Dated 1/18/2012 )
Status on 2/3/2012	The Case is Closed.

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 intervention in the matter of death of 2 people and 5 injured in lathicharge & police firing in Ganjam district, Orissa.

Case Details of File Number: 1271/18/5/2011
Diary Number	23572
Name of the Complainant	DR. LENIN, SECRETARY GENERAL
Address	PVCHR, SA 4/2A, DAULATPUR,
	VARANASI , UTTAR PRADESH
Name of the Victim	TWO PEOPLE KILLED & MORE THAN 50 INJURED
Address	KODALA,
	GANJAM , ORISSA
Place of Incident	KODALA
	GANJAM , ORISSA
Date of Incident	7/13/2011
Direction issued by the Commission	In the area of Police Station Kodala, District Ganjam, Orissa, two persons died and five sustained injuries on 15.07.2011 when the police fired on the agitating mob of about 4000 people, which had become violent. A report dated 24.08.2011 has been received from the SP, Ganjam. As per the report, a magisterial inquiry is being conducted on the incident. The Government has given ex-gratia amount of Rs.2 lakhs each to the next of kin of the deceased persons. The Government has also borne all the medical expenses incurred on the injured persons. The SP, Ganjam, is directed to forward to the Commission copies of the inquest reports, postmortem reports, MER, injury reports of the policemen and the public persons and proof of payments of ex-gratia relief within six weeks.
Action Taken	Additional Information Called for (Dated 1/12/2012 )
Status on 2/3/2012	Response from concerned authority is awaited