Case Details of File Number: 36047/24/72/2013
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Diary No: 145069
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Name of the Complainant: ANUP SRIVASTAV
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Complainant Address: PEOPLES' VIGILANCE
COMMITTE OF HUMAN RIGHT, SA 4/2 A, DAULAT PUR
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Name of the Victim: LOCAL S.C.PEOPLE
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Place of Incident: VARANASI
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Date of Incident: 01/01/1991
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Action Taken:
The matter rested thus when the Commission
directed that the State Administration should get a special survey of the
entire Musahar community living in the State conducted and include their
names in the BPL list, Antodaya list and other lists as per their
eligibility. This should be done as a special case and should not be
dependent upon exclusion of an equal number of names from the BPL list as per
the existing provisions. Similarly, this exercise should also not await
publication of the fresh list. State Government shall make out efforts to
complete this process of enumeration within a period of three months and
report compliance to the Commission by 31st March, 2014. In response, the ADM
(Administration), Varanasi, Uttar Pradesh vide communication dated 12.3.2015
submitted that the matter was enquired through District Development Officer,
Varanasi, who has informed that in Pindra Block, Varanasi, all the
complainants have been provided ration card, identity card and hand pump has
been established in Musahar Basti, which is in working order. However, in the
general village panchayat so far Lohia Awas have not been given but as soon
as the grant is received, the same will also be given to the villagers. The
Commission further considered the matter on 27.8.2015 when it observed and
directed as under: - “The report has received only in respect of Pindra
Block, Varanasi but the Commission on 27.11.2013 has requested the State
Government of Uttar Pradesh to make all efforts to get a special survey of
the entire Musahar community living in the State of UP conducted and ensure
inclusion of their names in the BPL list, Antodaya list and other lists as
per their eligibility. The same has not been received. Chief Secretary,
Government of UP be asked to order special survey in the light of direction
issued by the Commission on 27.11.2013 and response be submitted within eight
weeks. Copy of proceedings dated 27.11.2013 be sent to the Chief Secretary,
Government of UP for information and action thereon”. In response, the DM,
Varanasi, submitted a report dated 20.05.2017 along with a report of Lekhpal
dated 16.04.2016, District Supply Officer dated 04.10.2016, District welfare
Officer, Varanasi, dated 29.04.2016, BDO Pindra, Varanasi, dated 28.04.2016,
Project Director, District Village Development Authority, Varanasi, dated
27.05.2016 and BDO, Pindra, dated 24.05.2016. The report reveals that the
different departments of the District have stated that they have taken stock
of the Musahar community in the Gram Sabha of Nehiya. The authorities have
stated that they have given Musahar community all the benefits under the
authorized benevolent scheme of Govt. of India as well as Govt. of UP. The
reports have revealed that Musahar community has been given the election
card, Antodaya/Ration Card, Old Age Pension and benefits under the scheme of
Samajwadi Pension Yojna. The Commission again considered the matter on
20.9.2017 when it observed and directed as under: - “The Commission perused
the record and observed that it had directed the Chief Secretary, Govt. of
UP, vide its proceedings dated 27.08.2015 to get a special survey of the
Musahar community living in the entire State of UP, conducted and ensure inclusion
of their names in the BPL list, Antodaya list and other lists as per their
eligibility and submit a report within eight weeks. The non-inclusion of the
names of the families of Musahar community in the category of very poor and
thus denying them the benefits of various social security and social welfare
schemes of Centre and the State Government tentamounts to violation of their
right to life with dignity, gurarateed under Article 20 of the constitution.
Hence, if the suggested survey and the follow up action thereon is delayed
any further, the Commission shall take recourse to coercive action u/s 13 of
the Protection of Human Rights Act, 1993. However, it appears that the survey
has not been conducted, as directed by the Commission. The Commissions, therefore,
directs the Chief Secretary, Govt. of UP, to get a survey conducted of the
Musahar community living in various districts of UP and submit a report on
the points as directed by the Commission in its proceedings dated 27.08.2015
within four months positively”. In response, the Chief Secretary, Government
of Uttar Pradesh vide his communication dated 22.1.2018 has submitted a
report on constituting a committee for giving benefits under social welfare
schemes to the people of Mushahar community in the State. The details of such
beneficiaries under certain schemes in four districts of Gorakhpur Zone have
also been indicated. The Chief Secretary Government of Uttar Pradesh shall
see that the initiatives taken by him are monitored and reviewed periodically.
Since the initiative has been taken at the highest level in the State, no
further intervention on the part of the Commission is called for and the case
is closed.
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Status : Action Taken On 12/11/2018
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Action Due Date: 21/11/2018
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Wednesday, March 6, 2019
PVCHR advocacy on Musahar in Nehiya village
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