Thursday, April 12, 2012

India: Rule of Law or Rule of Lord in Uttar Pradesh of India?

India: Rule of Law or Rule of Lord in Uttar Pradesh of India ?

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ISSUES: Bonded Labour corruption; impunity; threat, right to live with dignityRight to life with dignity, forced disappearance

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12th April, 2012

 

Dear Friends,

Peoples' Vigilance Committee on Human rights (PVCHR) got information from relatives of survivors who came to PVCHR office for help that a young Mushar boy resident of Village Jaam under jurisdiction Sikarara, Jaunpur of Uttar Pradesh was forcefully abducted by the brick kiln owner and police personnel.

Case detail,

I, Tinku Mushahar age- 30 year son of Pauhari Mushar is resident of village Jaam under jurisdiction Sikara of Jaunpur district of Uttar Pradesh. My whole family is involved in making brick at

On 7th April, 2012 I was drenching the soil than four policemen two were in uniform and two were in civil dress and with three other boys came to the brick kiln factory of Maurya Ji. They came to Lashman Vanwasi and asked for the Bharat. Lakshman asked me who is Bharat? When I look back I identify the boys. We all started to run I was caught as my leg was stained with wet soil.

The man in the civil dress said he is S.O of Jamalapur Police Chawki and took me in the four wheeler of brick – kiln owner UP 78 CJ 9093, when I reach to the police chawki. Brick kiln owner Arvind Yadav was sitting there.

After looking me he started to abuse me by using filthy words "I will throw off you and human rights". S.O slapped me and gave his mobile to call Mahatim. When I was taking with him, Arvind Yadav snatched the phone and started to abuse him, "you became the father of Human Rights, you have grown up, you became a leader". S.O also abused him you became a Human Rights Officer bigger officer than me. I stayed in police station for two hours and during that time I do the cleaning of the police chowki.

Around 5 pm Arvind Yadav took me to him house and show me his small gun and said, your father is not caught and used abusive words. He took me to his aunt house and closed me in a room, where food grain was stored. Around 11 pm in the night an old lady gave me mat. There was no light in the room. I cannot sleep whole night due to fear.

Next day morning around 5 am Arvind Yadav came and take me to do the work and again closed me in the room after 6 pm. That time he only gave me food to eat. He asked me to ease in the same room.

Next day i.e. 9th April, 2012 morning they took me to Saidpur district court and took my thumb print in blank paper. Around 1 pm I return and again got engaged in the work.

On 10th April, 2012 when I was working he called me and gave his mobile to talk with my father and ask for 2 lakhs rupees. Meanwhile he started to beat me and phone got disconnected.  After beating me again he ranged and abused my wife Guddi and threat I will also see Mahatim. Now our rule has come and Government is also our

Again he took me to the same labour officer and took my statement that my father took advance of 2 lakhs rupees and said he will hand over me to the office of Human Rights.

Both Arvind and Pappu Yadav park the car near to the PVCHR office and after half an hour they returned. After sitting in car they gave threat to me. When we all started to move Gazipur then I saw the galley of PVCHR office and I jump from the running car and rush to PVCHR office. When the owner came to PVCHR office and did not find me then they return back.

Please read complete testimony in Hindi: http://www.testimonialtherapy.org/2012/04/blog-post_4554.html

On 7th April, 2012 around 4 pm the survivor family called to an activist.  On the advice of the activist Tinku's father Pahuhari immediately went to Police station Rampur to file an application. The Inspector denied to accept the application and asked them to go to Saidpur police station, where the brick kiln owner is residing.

On 9th April, 2012 Pauhari came to PVCHR office immediately telegram was sent to DIG, National Human Rights Commission and other relevant authorities. After getting the contact number of Arvind Yadav Brick kiln owner the activist ranged on his mobile no. +91- 9455668100 and talked with him.  He said, "I am going to Lucknow to meet with Akilesh Yadav, Chief Minister, I don't know where Tinku is, find whether he will be in police station or police chawki.

On 10th April, 2012 Tinku's family around 10 am ranged and informed Tinku is hostage by the brick kiln owner and brutally beating him and demanding for 500000 (five lakhs rupees) and also threat for his life.  The condition of Tinku's wife is in advanced phase of pregnancy and her condition is critical.

In this context around 11 am a person informed with an identity of district head of Samaj Wadi Party from his mobile no. 9125639299 ranged on the activist number and said, "Boy is good and nothing will happen to him. I am sending him, this happened in confusion. Some police personnel of Jamalapur police chawki are familiar and that's why they supported to brick kiln owner. The boy was kept in police station for his father presence. When in the evening no one came then brick kiln owner took him to the brick kiln factory. The mobile numbers of labours are on surveillance that's why I got information. I will drop him to his house or office.

Video clipping: http://www.pvchr.net/2012/04/rule-of-law-or-rule-of-lord-in-uttar.html

On 9th April, 2012 letter was sent to Hon'ble Chief Minister of Uttar Pradesh http://www.pvchr.net/2012/04/letter-to-chief-minister-on-bonded.html and on 10th April, 2012 urgent appeal was released in Hindi

 

More Information:

Before that on 20th December, 2012 an application with the affidavit was sent to District Magistrate and Labour Commissioner regarding torture by the brick kiln owner. But not action was taken against the perpetrator contrary they were more tortured by the brick kiln owner.  In this context on 18th February, 2012 written complain along with affidavit was sent to Assistant labour commissioner, Gazipur and District Magistrate – Gazipur than also administration did not took this matter seriously and the torture of the brick kiln owner continues.  

Sample letter

To,

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Sub: Please take immediate action to save the life of Tinku & others

Name of Survivors:

1.     Tinku Musahar, age – around 20 years, s/o Pauhari Village Jaam under jurisdiction Sikarara, Jaunpur

2.     Pauhari Musahar, age – 55 years s/o Prasad Musahar Village Jaam under jurisdiction Sikarara, Jaunpur

3.     Bittan, age – 22 years w/o Makallu Musahar, Village Pacchipur under jurisdiction Badlapur, Jaunpur

4.     Bharat s/o Bishuni, Village Jaam under jurisdiction Sikarara, Jaunpur

5.     Neelu w/o Bharat Village Jaam under jurisdiction Sikarara, Jaunpur

6.     Guddi Musahar w/o Tinku Village Jaam under jurisdiction Sikarara, Jaunpur

7.     Durgawati w/o Pauhari Village Jaam under jurisdiction Sikarara, Jaunpur

 

Dear Sir/Madam

I am writing to voice my deep concern regarding the incident happened with Tinku Musahar s/o Pauhari Village Jaam under jurisdiction Sikarara, Jaunpur.

I am informed that on 7th April, 2012 he was picked up by the four policment (two in civil dress and two in uniform) and three other boys from the brick kiln of Mr. Maurya.

I am also informed that on 7th April, 2012 around 4 pm the survivor family called to an activist.  On the advice of the activist Tinku's father Pahuhari immediately went to Police station Rampur to file an application. The Inspector denied to accept the application and asked them to go to Saidpur police station, where the brick kiln owner is residing.

On 9th April, 2012 Pauhari came to PVCHR office immediately telegram was sent to DIG, National Human Rights Commission and other relevant authorities. After getting the contact number of Arvind Yadav Brick kiln owner the activist ranged on his mobile no. +91- 9455668100 and talked with him.  He said, "I am going to Lucknow to meet with Akilesh Yadav, Chief Minister, I don't know where Tinku is, find whether he will be in police station or police chawki.

On 10th April, 2012 Tinku's family around 10 am ranged and informed Tinku is hostage by the brick kiln owner and brutally beating him and demanding for 500000 (five lakhs rupees) and also threat for his life.  The condition of Tinku's wife is in advanced phase of pregnancy and her condition is critical.

In this context around 11 am a person informed with an identity of district head of Samaj Wadi Party from his mobile no. 9125639299 ranged on the activist number and said, "Boy is good and nothing will happen to him. I am sending him, this happened in confusion. Some police personnel of Jamalapur police chawki are familiar and that's why they supported to brick kiln owner. The boy was kept in police station for his father presence. When in the evening no one came then brick kiln owner took him to the brick kiln factory. The mobile numbers of labours are on surveillance that's why I got information. I will drop him to his house or office.

Before that on 20th December, 2012 an application with the affidavit was sent to District Magistrate and Labour Commissioner regarding torture by the brick kiln owner. But not action was taken against the perpetrator contrary they were more tortured by the brick kiln owner.  In this context on 18th February, 2012 written complain along with affidavit was sent to Assistant labour commissioner, Gazipur and District Magistrate – Gazipur than also administration did not took this matter seriously and the torture of the brick kiln owner continues.  

Therefore it is kind request please take appropriate action at earliest to save the life of Tinku and others. The perpetrator should punished under section 3(i)(iii), section 3(i)(iv), section 3(i)(x), section 3(i)(xi), section 3(i)(xv) and section (2), section (2) (II) of Scheduled Caste and Scheduled Tribes Prevention of Atrocities Act and Bonded Labour Abolition Act.

 

Thanking You

 

Sincerely yours

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Please send letter to

 

1.Mr. Akhilesh Singh Yadav,

Chief Minister

Chief Minister's Secretariat

Lucknow

Uttar Pradesh - INDIA

Fax: + 91 522 223 0002 / 223 9234E-mail: csup@up.nic.in 

 

2. Shri Mukul WasnikMinister, Ministry of Social Justice & Empowerment

Sardar Patel Bhawan

Sansad Marg

New Delhi - 110 001INDIA

Fax: + 91 11 23742133E-mail: ddpg2-arpg@nic.in 

 

3. Chairperson,National Commission for Scheduled Castes

5th Floor, Lok Nayak Bhawan

Khan Market

New Delhi 110 003INDIA

Fax + 91 11 2463 2298E-mail: jointsecretary-ncsc@nic.in , chairman-ncsc@nic.in 

 

4. The Prime Minister

Prime minister of India,

Prime minister office,

New Delhi - 110101 - INDIA

Fax no. - +91 11 - 23016857, 23019545.

E-mail : pmosb@pmo.nic.in

 

5. Chairperson, National Human Rights Commission

Faridkot House, Copernicus Marg

New Delhi 110001 INDIA

Fax + 91 11 2338 486

E-mail: chairnhrc@nic.in

 

6. The Registrar

Supreme court of India,

Tilak Marg, New Delhi - 110001 - INDIA.

Fax No. - + 91 11 23381508, 23381584.

E-mail :- supremecourt@nic.in

 

7. District Magistrate,

Jaunpur - Uttar Pradesh - 222002.

India.

Fax No. - +91 05452 260201, 240240

E-mail - upjau@nic.in

 

8. Ministry of Labour and Employment

Minister Labour and Employment,

120, A-Wing, Shram Shakti Bhawan,

New Delhi-110001 INDIA

Tel: +91 11 2371 0240/ 2371 751

 

9. Superintendents of Police

Jaunpur- Uttar Pradesh - 222002.

India.

Tel & Fax No. - +91 5452 261660, 261203

 

10. Superintendents of Police

Gazipur, Uttar Pradesh 

India.

 

11. District Magistrate

Gazipur, Uttar Pradesh 

India.

 

12. Director General of Police

1-B.N., Lahari Marg / Tilak Marg,

Lucknow - 226001 - Uttar Pradesh - INDIA

Fax No. - +91 522 2206120, 2206174

E-mail - police@up.nic.in

 

 Urgent Appeal Desk (pvchr.india@gmail.com )

 

Peoples' Vigilance Committee on Human Rights (PVCHR)

www.pvchr.asia