PVCHR advocacy on Musahar in Nehiya village

Case Details of File Number: 36047/24/72/2013

Diary No: 145069

Name of the Complainant: ANUP SRIVASTAV

Complainant Address: PEOPLES' VIGILANCE COMMITTE OF HUMAN RIGHT, SA 4/2 A, DAULAT PUR

Name of the Victim: LOCAL S.C.PEOPLE

Place of Incident: VARANASI

Date of Incident: 01/01/1991

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.

Status : Action Taken On 12/11/2018

Action Due Date: 21/11/2018