Friday, December 19, 2008

Testomony of Dr.Amar deep Gupta ,police torture survivor

Sunday, December 07, 2008

Message of Dr. Lenin on the 60th Anniversary of UDHR

Thursday, October 02, 2008

Uttar Pradesh: Plight of bonded labour and Negligence from administration

http://www.mynews.in/fullstory.aspx?storyid=10871#


Uttar Pradesh: Plight of bonded labour and Negligence from administration

Manoj Kumar Pandey/Shruti Nagvanshi 2/10/2008 5:23:31 PM(IST)


PVCHR has taken initiative in a matter of bonded labour happening in Choubeypur, Varanasi and send the matter to National Human Rights Commission, New Delhi. National Human Rights Commission had registered the case in the case no. 38403/24/2995-2006/M-4 and inquired the matteer through Administration. The Administration showed only formality and did nothing but to take favour of owner. The inquiry was conducted by Sri D K Singh- Assistant Labour Commissioner, Varanasi and two Labour Enforcement Officer Sri Madhuban Ram and Kamalesh Kumar on M/s Shayam Brick Industry, village/post Amoulee, Police Station- Choubeypur, and Varanasi. Its employer is Namavar Yadav son of Ramadhar Yadav resident of village-Amoulee, Police Station-Chuobeypur, Varanasi. He was not present at the time of inquiry. They found no labours working there, whose name were mentioned in the complaint. Munshi Sri Surendra told that all mentioned labour had taken their wages and went their home at the time of Deepawali. The name he had told was as follows:

1. Sri Suresh son of Chandrama, 2. Sri Sitalu son of Munni Lal,3. Sri Jagdish son of Bhagawati, 4. Sri Bhagawati, 5. Sri Munnar, 6. Sri Kashi, 7. Sri Bahadur, 8. Sri Chotu, 9. Smt Kalawati wife of Jagdish, 10. Smt Lalti wife of Bhagwati, 11. Smt Guddi wife of Bahadur, 12. Smt Panchuei wife of Munnar, 13. Shachindra, 14. Smt Kashmiri wife of Chotu, 15. Smt Munni wife of Suresh, 16. Smt Mangari wife of Sitalu, 17. Smt Geeta devi wife of Kashi.

He was unable to tell the present location of those labours. He also told that all mentioned labours had received their wages in his presence. Due to absence of employer they could not inspect the payment receipt.

Other worker who employed recently were present at spot like, Mithai, Jawahir, Dhanesh, Pappu, Rangeeley, Lal Chandra, Sarju, Dharamveer, Suresh, Ramchandra, Amit, Mannu, Sabna Rambriksha, Nandu, Babulal, Karia, had been inquired. They told they had come there in the last week of Nomvber and they had no idea about those victim people.

The inquiry team found no evidence of bonded labour.

However, having seen the above report, it seems that the inquiry team has not done their work seriously. These reasons for this assumption are as follows:-

· The inquiry team asked only to Munsi Surendra and did not ask its employer who was the main informer. They did not take pain to contact to employer, nor did they give any further direction to him. The statement of munshi cannot be considered beyond the proper doubt whereas the possibility is that munshi Surendra will take the favour of employer.

· They did not inspect any document relating to victim labours from which they could find some reliable evidences about the payment of wages to victims. It is the official duty of Munshi to maintain register. The register is always in the possession of Munshi.

· Their report is based on some labour who did not know the victims and whose identity like their father’s name and residence have not been assured. How their statement can be taken in to consideration, if they have no idea about victims.

· They did not take pain to contact to victim labours, whose residence is not very far from place of occurrence and falling under the jurisdiction of Police Station - Choubeypur.

So the work which has been assign to the inquiry team is not performed by them and they did the work which was of no use. They must contact to employer, victims and inspect the register and other documentary record.

The summary of fact is that all the above mentioned 17 labours are the victim of bonded labour and they are exploited by their employer Namavar Yadav owner of brick klin industry. Three persons of Mushar Community named -1. Sri Suresh son of Chandrama, 2. Sri Sitalu son of Munni Lal, both were resident of village Mahasipur, police station Choubeypur, Varanasi and 3. Sri Jagdish son of Bhagawati resident of village Phoolpur, police station Choubeypur, Varanasi, came to the office of PVCHR, Varanasi, and made a complaint that the owner of brick kiln Namavar Yadav and his companion had made hostage to their family members and were beating them by tiding. Any how they managed to escape from their (owner of brick klin and his companion) capture. They (owner) had not given their (labours’) wages on pretext of loan. On one hand all the above mentioned labours were being deprived from their wages and on other hand they were being beaten by their employer. Any how they managed to save their lives after the intervention of PVCHR and AHRC.

However after the report and evidences given by PVCHR, Asian Human Right Commission (AHRC) had issued an urgent appeal on 24th February 2006, http://www.ahrchk.net/ua/mainfile.php/2006/1553/in which the AHRC condemns the attitudes of Indian authorities towards these atrocious practices. The name of victims and perpetrators and place of incident had been mentioned clearly in this urgent appeal. It had been clearly mentioned in the urgent appeal that Suresh, Sitalu, Jagdish, were offered Rs 1000/ as cash loan by Savaru, Namuna, and Namvar for which they were asked to work at kiln to pay back their debts. They were also forced to bring their family to work at kiln. They were forced to work even if they ill. If they complained, they had been tied up and beaten. If someone tried to pay their debts by other means they were subjected to same treatment. They were never allowed to leave the kiln. They were paid Rs 100/ weekly for their food stay survival of family but it was not sufficient for repayment of their debts. It is alleged that owner of the kiln also sell families to the other kiln owner who are in need of labour.

The labour informed PVCHR that owner agreed to free them if they pay Rs 6000/ per person. PVCHR filed a complaint at Choubeypur police station and also with DM of Varanasi about the case on 19th February, 2006. However, on receipt of complaint, the police on pretext of raiding the kiln to arrest the owner and to free the people took in to custody Sachinder and Chotelal, who were being held under bonded labour. They were taken to the police station where the SO shouted at them, asking them why their colleagues had complained against the owner of the kiln. They were tourtured and threatened. They were released on 20th February, but only after having to pay Rs 250/ to Rs 1000/.

Dr lenin is the member of District Vigilance Committee on bonded labour established under Bonded Labour (Prohibition) Act, 1976 so PVCHR initiated the matter and took Sachinder to District Hospital, Varanasi the next day where the doctor examined him and has provided a medical report detailing his injuries. A complained along with medical report and a narration of fact was immediately faxed to National Human Right Commission. A second complaint and copy of the medical report was lodged to District Magistrate on 21st February, 2006. Yet another complaint was filed with the Senior Superintendent of Police on 22nd February.

The act of the above mentioned perpetrators are the offence under section 371, 374 of Indian Penal Code. As per section 371 if a person exports , imports sells, buys, traffic or deals in slave, he shall be punished with imprisonment for life or with imprisonment up to ten years and liable to pay fine. As per section 371 if a person compels any person to do labour against his will, he shall be punished with imprisonment up to one year or fine or both.

Supreme Court in Bandhua Mukti Morcha Vs Union of India (AIR 1984, SC 802) held that if a person has taken some amount in advance and he have to do labour to repay his debts, it will come under definition of bonded labour. The act of the police is the direct violation of the ruling given in Neeraja Choudhary Vs State Of Madhya Pradesh (Air 1984 Sc, 1103, 1104) in which it was held with majority that Magistrate or other higher will initiate the proceeding related with bonded labour and police or other below rank officer do not take initiation because they are considered to be hand in glove with owner and they ask the question whose answer tends against the labour , which is unconstitutional.

UP State Government should strive to eradicate bonded labour if it exists in any form because there is no scarcity of law to prevent bonded labour in India like Bonded Labour (Prohibition) Act, 1976, section 371,374 of Indian Penal Code. In spite of these statutes the Apex Court of India gives its direction from time to time on how to prevent slave like practices and bonded labour. However these statutes and direction are of no use in absence of proper implementation and implementation depends completely upon policing system. Illiteracy is another factor to influent adversely the implementation of this law. Our Apex Court held that article 21 of the constitution direct that Bonded Labour (Prohibition) Act, 1976 was passed to implement the Directive Principle of State Policy by taking in to account the basic needs of bonded labour. If the State fails to implement Bonded Labour (Prohibition) Act, 1976, it will be violation of article 21. Article 21 of the constitution passed this Act by abolishing bonded labour. It is the constitutional duty of under article 23 to welcome all the complaint related with bonded labour.

Taking above mentioned circumstances in to account PVCHR humbly requested to National Human Rights Commission to ask appropriate authority to do the needful urgently so that the victim of bounded labour may become free from the fear of perpetrators and they should be given proper relief along with compensation and their wages. PVCHR also quopted the decission given by Supreme Court in Neeraja Choudhary Vs State Of Madhya Pradesh (Air 1984 Sc, 1103, 1104) in which Justice Bhagwati held with majority that under the provision of Bonded Labour (Prohibition) Act, 1976 it is not only necessary to detect bonded labour and make them free but also their rehabilitation is more necessary because in lack of this they may become the victim of poverty and exploitation.

Monday, July 21, 2008

Behaviour of police with Musahars in UP

http://www.mynews.in/fullstory.aspx?storyid=6147

My name is Pahalu Mushar. I am permanent resident of village Atesua under jurisdiction Cholapur in Varanasi district. In my hamlet two jeep policemen came in the evening. They were asking about my brother Umesh I immediately answered we submit a written statement in Court that we did not have any further relation with him. Umesh never come to visit us.

Police took me in jeep to Cholapur police station from there to Laksharpur and from there to Katharganj and then to Diesel Locomotive Work (D.L.W). He asked for my sister’s house. I with policemen’s went there and my sister husband whose name is Sipahi and he is suffering from night blindness. S.I asked my sister husband to follow him to police station. He urges that he will come to police station in morning. After that they took me to Adalhat police station and I was put in the prison. From Gyanpur, Bhadohi police took Subhas Mushar in custody. Subhash was imprisoned in same cell with me.

Then eight police constables with S.I gathered in police station. One police constable bring screw driver and start repairing old cartridge. I was begging to police constables and S.I for my release, if you want you can beat me 10 lathi or I will give you ten thousand Rupees but please don’t involve me in fake case. I start crying because S.I and police constable starts abusing me. In police station a photograph was taken with all police constables, S.I and cartridge was kept in front of me. I was begging to Police Constables and S.I. how my children and wife will nourished. On next day I was prosecuted and I was punished for one month and seven days. My first day in prison was very painful when I was asked to sweep the floor in front of everyone. I feel shame as I did not do this work earlier in my house.

When I release from prison that time I face problem in meeting with my relatives. When I rummage around for my daughter marriage then they understand me thief. Being an innocent I went to prison that’s why they understand me like that. Now I am facing in arranging my daughter marriage. In prison I have nightmares that my family members are starving and police is abusing and beating my family members.

After returning from prison still I have this problem and I wake with up in the night and saw all people in my family are sleeping.

Police arrest me two times in the night once policemen from five police station came with five jeep and encircle my hamlet that I time I was prosecuted in fake case of ganja. Second time I charged in making cartridge. After taking in many police stations they kept me in prison in another district. I was panic in way as police can do my encounter. I afraid as police are coming when I saw of light of vehicle in my village. I am facing lots of problem as police involved in many fake cases.

Translated Ms. Shabana Khan

Testomony came in to the workshop orgainsed by RCT and PVCHR.

Friday, July 18, 2008

Uttar Pradesh: Rule of law or rule of feudal

http://www.mynews.in/fullstory.aspx?storyid=6195#



Uttar Pradesh: Rule of law or rule of feudal

Shruti Nagvanshi/Shabana Khan 18/6/2008 6:38:52 PM(IST)


Thirteen Mushar tribe families are residing in Chaturpur, Benipur and Lagdharpur village Block Rampur under jurisdiction Newariya in Jaunpur district of Uttar Pradesh are compressed to work as a bonded labour by Mr. Alam Singh son of Gajraj Singh in the neighbor village Kadihad of same jurisdiction.

Mr. Alam Singh is owner of cowshed and field. Alam Singh often comes with gun in Mushars hamlet to search children for work. When Mushars women protest to send their children and husband Alam Singh went inside their house where Mushar women's are sleeping. Alam Singh search children and adult male by taking off clothes from women body When he did not find children he starts beating women and doing vulgar activities which are a heinous work to hit the dignity of the women. Alam Singh forcefully took and brutally beat children to work in cowshed. .

Asha Mushar wife of Bechu Mushar said we are defamed with the day to day brutal behavior of Alam Singh and nobody is ready to marry with our son. Even Alam Singh also beat my son in law and forcefully took him to work and many other people are working in Alam Singh cowshed like Halchal 17 year old son of Lalji from last year is working in Alam Singh cowshed earn only 20 Rupees per day.

On 7th May, 2008 Alam Singh took Atala 8 year's old child of Ramashray Mushar , Somara eight year and Rajesh seven year old child of Bindu Mushar, Subhash son of Sama Mushar took these children to work in cowshed..

On 6th May, 2008 Vikas eight year son of Sama Mushar was taken to work in a cowshed.

Parmila wife of Sama Mushars, Phul Dei wife of Late Bechu Mushar and Bechu Lal son of Basanta and Bindu son of Babau Mushar Murat Mushar son of Ishwar these people state that they are having difficulty in managing need of the family in 20 Rupees. Those people who have card are not getting ration in appropriate weight. Eight family of Mushar are still cardless.

Alam Singh father Gajraj Singh is also much influenced person and earlier he was also accused of dalits torture case.

On 7th May, 2008 Mushars protest in front of commissioner office when he denied to take their demand and direct them to go to police station. Then Mushars send letter to Commissioner and on 13th May, 2008 letter was sent to Chief Minister of Uttar Pradesh, National Human Rights Commission and National Child Commission, National Sc/St Commission.

On 6th June, 2008 Assistant Registar (Law) National Human Right Commission send letter to District Magistrate of Jaunpur and copied to Principal Secretary of Government of Uttar Pradesh and to Dr. Lenin Convener of Uttar Pradesh.

D.M, Jaunpur U.P is directed to depute a competent officer for enquiry at the spot and identification of bonded labour, if any if any bonded labour is founded immediate steps be taken for his release. D.M Jaunpur is also directed to take necessary steps on the other grievances mentioned in the complaint.

An action taken report be submitted to the commission within two weeks positively.

Accordingly, I am forwarding here a copy of the complaint for taking appropriate action in the matter as per the directions of the commission. It is requested that an action taken report be sent to the commission within 2 weeks from the date of receipt of this letter.

After this order Mr. Alam Singh are continuously coming and beating and threating these Mushars people.

www.pvchr.blogspot.com

www.nhrc.nic.in

Friday, July 04, 2008

Field visit report of Jinju

Field report 4

Place: Musahar community, Anei Village, Baragaon Block
Date: 1 December 2007, Wednesday

1. Ramesh and his family
2. Munna (husband) and Gangajali (wife)
3. Majinu (husband) and Meeta (wife)
4. Ghurahu (husband) and (wife)
5. Vije Klumar and his son
6. Working place of Majinu’s family ---- around Bramin’s house

***

1. Ramesh and his family
Ramesh is living with his wife and children in one mud house. In front of his mud house, one brick house for his family is under construction. Ramesh bought 1,000 pieces of brick at 1,800 rupee from the brick kiln. There is one more mud house next to Ramesh’s house which is Pradahan’s house for which another brick house is under construction.

► Family
- Ramesh: weaving at Muslim’s handloom in Anei village
- Wife: working in the paddy field
- Eldest daughter: Sima (10-11yrs), usually goes to school, but when both father and mother go for work, she has to look after her siblings at home instead of going to school.
- Second daughter: 5-6 years ago, died one year after birth. She had fever at that time.

Today, Ramesh is winding yarn at home and will go for weaving tomorrow. His wife went for reaping in the field early morning. Sima is looking after her siblings at home.

2. Muuna (husband) and Gangajali (wife)
Munna has tilled potato plot the day before yesterday and got some pain all over his body since that night. He has not worked since yesterday due to his illness. He got 50 rupee as daily payment. There is still some paddy to be reaped in the field where he is working.
He was making a list of musahar in Anei village including name, father’s name, and ration card issued. He said that the list would be sent to Lucknow, capital of Varanasi district.
Jigar does not deny me any more. Whenever I meet this baby, he denies me with closing his eyes or turning his head around. He has been afraid of me as if I would give him offence.

2. Majinu (husband) and Meeta (wife)
Majinu, Meeta and Majinu’s parents are doing agricultural work near the Bramin farm owner [Kamlakar Shukla]’s house. Majinu’s eldest daughter brought only steamed rice for their meal to the working place. Meeta has made fuel with cow’s waste for one hour and half at upper caste Radhe’s home in the morning and moved to this place to join the agricultural work. Since last October, she has been working for Radhe and is provided one meal per a day and will get 20kg wheat and one Sari for 7-8 months labour excluding rainy season in October next year. Meeta and Majinu’s parents are working hard, while Majinu is talking a rest beside them.

3. Ghurahu (husband) and Malti (wife)► family member: 3 sons and two daughter, one son died.
Dines: 13 year-old son, reading in 8th grade, sometimes works in the field but usually read books.
Second son: died one week after birth
Sansan: 8 year-old son, reaping in the paddy field these days, and goes to school as well.
Ramji: 5 year-old son
Pinka: 4 year-old daughter
Rima: 2 year-old daughter

livelihood▪ agricultural labour: Ghurahu has been working in Bramin Haribans Shukla’s paddy field for last 2 years. He gets one forth of output as wage. After Ghurahu’s father passed away, he started working in the field at 14-15 years old. When he had some problem with heath, he started weaving to make a rupee for the treatment. Before working in Haribans Shukla’s paddy field, he has worked in many other fields only in Anei village. 2 years before, one Bramin field owner has paid either cash or grain which was available as it might chance. When he was not properly paid, he moved to another field for work. However, he did not answer differences among many Bramin farm owners whom he has worked for. He prefers cash as a payment since he can get health treatment with cash.

weaving: quit weaving 3-4 years ago since he could merely managed 400 rupee a month which was too low to support his family. Sometime he earned 400 rupee in either two months or three months. He has worked in Gunciam’s handloom in Raipur village and was paid 400 rupee for one small carpet same as Munna. However, he had to take loans to manage food and other living expenses for his family while he was weaving. He made a loan from time to time from Bindu who belongs to Chamar community of Anei village 4 year ago and has 7000 rupee debt. He did not pay it back yet. He doesn’t want to make a loan any more, and is merely engaged in agricultural work.

Q: Is it enough to feed your family merely on agricultural work now?
G: yes, it is enough.
Q: How many meals do you take a day?
G: once or twice a day. These days we have take twice meal a day but only steamed rice with salt.
Q: then, is this meal enough for your family to live?
G: No, not enough. Only streamed rice cannot produce energy for us. We eat only rice during the harvest period of rice, while eat only wheat during the harvest period of wheat. We never get both at the same time. How can we eat enough food?
Q: then, do you think it is enough for you to support you family under this condition now?
G: no, not enough.

At first, he said he is feeding his family enough through his agricultural labour. However, come to think of his living condition and meal, nothing is enough. When he has no work in the field, he has to sit back home.

► health careMalti delivered all the children at home. The health condition of all children is fine. Ghurahu and his eldest son Dines have been at the PHC due to symptom of vomiting and diarrhea 2 years ago. They got treated with glucose, some tablets and injections. He has never been at the private hospital.

► ration card
Ghurahu have got red ration card. He buys ration from the ration shop either on 4th or 5th of every month. According to Ghurahu, the ration shop opens two days a month for musahar people. He was neither asked to pay money for the issue of ration card nor paid money. To buy the grains from the ration shop, he usually borrows money from 3-4 upper caste Thakur in Anei village and pays back with his labour. If he borrowed 25 rupee from Thakur, he would work at his farm for a day. He did not manage money for buying rations this month yet. He will try to save cash, but if he failed, he would go to borrow 95 rupee from several Thakur.

Q: Do you usually borrow money from Thakur or manage rupee for yourself?
G: If we can save some money, we would not borrow money from Thakur.
Q: How can you save money?
G: I do some work in the field one day, and then I will ask my farm owner to let me do another work to make rupee. Then I work at his home to manage 95 rupee to buy grains from ration shop. If I need more money for treatment or something else, I do either more work at his place or borrow money from Thakur.
Q: Do you frequently work at farm owner’s house to make rupee? What kind of work do you do at his house?
G: I do any kinds of work I can like feeding cattle and so on.

[He did not mention exact name and his experience. He was talking as if he talked about the third one. Like him, musahars who are merely engaged in agricultural work find it difficult to make cash for managing other food, clothes, or health treatment.]

► Land issue“We have demanded on our land for farming to District Magistrate before. Two government officials, Lakhbal and Nayab tehsidar have visited the musahar community but they have merely measured the land for house. We have complained again on our land for farming, but I don’t expect to be distributed our land for farming soon.
“Through our generations, our father and grandfather and much former generation all had no land for farming. That is why we don’t have any land for farming either. We have right to have land for farming but no relevant government authority have come to allot land for us so far. The District Magistrate should send superintendent officer to our community for distributing land for farming.
“We have been demanding on our land to the all village heads who have worked in our village. After being 18 years old, I got a right to vote for the village head. Every village head said and promised to give us the land for farming before he elected and even after. However, no village head kept his word.
“I will not cast a vote for present village head again. There were two candidates for last election; the former village head Ajay Shukla and present village head Hosila Singh. All musahars including me have cast a vote to present village head Hosila Singh since he promised to distribute land for farming. He, however, has done nothing for it. I will never cast a vote to him. If there is an intelligent musahar candidate educated for next election, I will support him.
“No one has come to our community to listen our story so far. What good is it your writing like this? The Block Development Office said we could get blankets for winter before, but they did not provide it. We did not obtain anything. Is there any use in talking and writing like this?
“Some activists [Mangla and Anupam] are fighting for us. We are expecting to get something we want through this fighting. I don’t know how to fight since I was not educated. However, if anyone helps and supports us for fighting, I would join and fight together. 2 months ago, I joined one meeting in Alahabad. Many people came and spoke out. They said “you must unite in order to fight for your all rights.”

5. Vije Klumar and his son Nakharu
Vije Klumar was making pot for hitting his house. In winter, musahar put the pot with straws firing in it inside the house for hitting. His wife died 4-5 months ago and he has only one son living together. His parents also passed away. He is weaving at Katwaru’s handloom in Raipur and came back home around 3 pm since he has to do housework including cooking. He has red ration card and now living in brick house which belongs to his uncle. He is demanding on his own house but people used to say that he doesn’t need his house because he is living in a house. He usually buy ration from the ration shop every month. When he has no money to get the ration, he borrow some money from other in the community. Last month, he had no work.

6. Working place of Majinu’s family ---- around Bramin Kamlakar Shukla’s house
Both Munna’s family and Majinu’s family are working in Kamlakar Shukla’s paddy field. According to Kamlakar Shukla’s wife, both of two families are paid one forth of total output as wage. In Anei village, there are two kinds of payment for agricultural labour. In the case that people are paid one forth of total output like these two families, they don’t pay any other expenses than their own labors. In the case that the farm owner pays 50% of total output, agricultural labourer has to pay 50% of all kind of expenses like seeds or fertilizer etc.

***

After short talking with Ramesh, I met one old man from chamar community of Anei village in front of Munna’s house. He has retired in 1994 from the textile department in Mumbai. He had worked as a superintendent. After getting the news from TV regarding Jigar’s hunger situation, he came to musahar community to look into Jigar’s condition. He wanted to give a lecture to enlighten the musahar especially focusing on importance of education.

Wednesday, June 18, 2008

Behaviour of police with Musahars in UP

http://www.mynews.in/fullstory.aspx?storyid=6147#



Behaviour of police with Musahars in UP

Dr. Lenin & Mangala Prasad 18/6/2008 10:23:47 PM(IST)


My name is Pahalu Mushar. I am permanent resident of village Atesua under jurisdiction Cholapur in Varanasi district. In my hamlet two jeep policemen came in the evening. They were asking about my brother Umesh I immediately answered we submit a written statement in Court that we did not have any further relation with him. Umesh never come to visit us.

Police took me in jeep to Cholapur police station from there to Laksharpur and from there to Katharganj and then to Diesel Locomotive Work (D.L.W). He asked for my sister’s house. I with policemen’s went there and my sister husband whose name is Sipahi and he is suffering from night blindness. S.I asked my sister husband to follow him to police station. He urges that he will come to police station in morning. After that they took me to Adalhat police station and I was put in the prison. From Gyanpur, Bhadohi police took Subhas Mushar in custody. Subhash was imprisoned in same cell with me.


Then eight police constables with S.I gathered in police station. One police constable bring screw driver and start repairing old cartridge. I was begging to police constables and S.I for my release, if you want you can beat me 10 lathi or I will give you ten thousand Rupees but please don’t involve me in fake case. I start crying because S.I and police constable starts abusing me. In police station a photograph was taken with all police constables, S.I and cartridge was kept in front of me. I was begging to Police Constables and S.I. how my children and wife will nourished. On next day I was prosecuted and I was punished for one month and seven days. My first day in prison was very painful when I was asked to sweep the floor in front of everyone. I feel shame as I did not do this work earlier in my house.


When I release from prison that time I face problem in meeting with my relatives. When I rummage around for my daughter marriage then they understand me thief. Being an innocent I went to prison that’s why they understand me like that. Now I am facing in arranging my daughter marriage. In prison I have nightmares that my family members are starving and police is abusing and beating my family members.


After returning from prison still I have this problem and I wake with up in the night and saw all people in my family are sleeping.


Police arrest me two times in the night once policemen from five police station came with five jeep and encircle my hamlet that I time I was prosecuted in fake case of ganja. Second time I charged in making cartridge. After taking in many police stations they kept me in prison in another district. I was panic in way as police can do my encounter. I afraid as police are coming when I saw of light of vehicle in my village. I am facing lots of problem as police involved in many fake cases.

Translated Ms. Shabana Khan

Testomony came in to the workshop orgainsed by RCT and PVCHR.

Wednesday, June 11, 2008

Uttar Pradesh: Musaharnama

http://www.mynews.in/fullstory.aspx?storyid=5855#

Uttar Pradesh: Musaharnama

Dr. Lenin Raghuvanshi/Shruti Nagvanshi 11/6/2008 4:35:05 PM(IST)


Almost 6550 Mushar families are living in sixty six villages of eight blocks in Varanasi district of Uttar Pradesh. Actually after sixty years of independence on one hand India is shining and GDP increase up to 9 %. India is in continuously ahead in producing steel, vehicle and computer. On another still Mushar are marginalized from education, food and housing, road, livelihood and resources.

In the name of housing Mushars only have one hut with the hay roof however in few hamlets only one or two families get benefit of Indira Awas Yojana (IAY). After independence thousand of houses were constructed but it did not reach to Mushars. In this condition Mushars are compelled to live with their family member in summer, winter and rainy season.

In rainy season Mushar’s hut are drown with rain water sink from the roof and they throw these water with the eating utensil. Mushars spend entire night by sitting beside wet mud. This can be a reason of epidemic and finishes life millions people from hamlet to hamlets.

Mushars depend on their traditional source of livelihood like making plates from leaf and selling dried stick. These plates are only used in few marriage and funeral ceremony (Daswa and Terahi). Selling of leaf now shrink upto Pandariba area. Mushars from far place gathered in the evening at Pan Dariba and spends entire night in open sky without bothering about cold, rain and hot to sell leaf to the Pan shop. They receive less than half amount of minimum wages.

Mushars tradition occupation is in danger as today lots of trees are being chopped down. So these marginalized families are compelled to work as bonded labour in brick kiln factory. Mushars starts soaking mud from mid night in lantern till the afternoon and again in the evening they engage in their routine work.

Mushars has to complete target of making 1000 Bricks and in return they get 140 Rupees. Mushars did not get complete wages in last day of the week as owner of the Brick Kiln factory assured Mushars for final calculation of amount in the Holi or Dusshera festival. In between Mushars weekly get 200 to 250 Rupees for their managing two end of the family.

Work of shaping brick starts in the month of October and ends in June. Mushars related with this work strongly struggle with family starvation in the month of July, August and September, as in these three month brick Kiln factory is closed. Mushars took debt from Brick Kiln owner and they work as bonded labour to reimburse money in the month of October. However owner of the factory took benefits as Mushars people are illiterate and do calculate amount their own desire. That’s why Mushars did not get actual wages of making bricks. Almost 90 % of labour are reproves from owner of the factory.

Socially Mushars did not have any social existence, they are considered as slave in caste based feudal society. In any caste when their children covered with mud or women are wearing dirty cloth then caste based people indicates that person as Mushars.

Till today’s Mushars are called for supper in the terahi (a funeral ceremony happened in Hindu religion) to have fame he feed many Mushers. Sometime in the name of food Mushars family member walk long distance and they are being reproves. It is true that girl of Mushars being raped when they return home by selling leaf plate and also returning home by taking residual food.

Few places lands are allot but till now they did not get possession as feared with upper caste and backward caste people as several times they are beaten by them. Mushars believe that they will never get possession of land. Which results few incidences of these types are heard by administration that Mushars sell the allotted land and buyer pay few pennies that is exception. From last few year Mushars did not get possession of land to the Mushars families. This year only 26 Mushars of Anei village gets possession of land.

There are many reasons for low education ratio in Mushars than other lower caste as this is general incidence that Mushars children are beaten and discriminate by the colleagues and teacher of that school and Musahar Children escape from school.

From generation feudal caste based Manuwadi thought is the reason form schedule caste is marginalized from education. When Gulab Mushars of Belwa village went to school and he made mistake in writing teacher split and asked him to lick after this incidence which insist Gulab to rid away from school. Upper caste children beat Gaharu Mushar with stone in the way to school and left the school as he feared to get injured in eyes and head.

Mushars girl assist their mother in making plates from leaves. They saw school from far away that teacher brutally beat students with sticks. These children are feared with the behavior of teacher and they were not ready to go school after their parent’s motivation. Teacher scolds Mushars children that after studying you will not designate as collector. Instead of appreciating children teachers dispirit them. Suresh Mushar 9 nine year old child from Ayer Mushars ghetto was studying in Government Primary school near his village. In the lunch time his teacher hides his bag. Suresh was beaten badly when he asked for his bag to the teacher. She abused by saying Chamar and Mushars children will win the area after being educated. To make this situation as it is impassive administration is continuous engage in putting manure.

From Communist party to BSP is taking personal benefit from Mushars. Never representative raise the agenda of Mushars after looking entire scenario, Mushars are searching for their option. “Awake these communities’ people being a ladder you have to grasp the success because you don’t know to be a leader and you have to learn to change your own condition. Village head to Member of Parliament are taking benefit of this caste. However this caste still stands in the last row in our society.

Day to day Mushars are facing the police torture and they are involved in fake case of robbery happened in any village and they are imprisoned for long time. Sometime Mushars are not released after finishing the duration of punishment. In the police station they are compelled to clean toilet and throw the dirt.

Mushars did not have any permanent employment opportunities and these Mushars working in brick kiln factory are struggling for food. State Government and administrate is not agree to consider after having large Government scheme they wants to save themselves. In the effect Corruption, caste based discrimination they are not getting bread for two times and which result to the death of their children.



Translated by Ms. Shabana Khan and data collection by Ms. Anupam Nagvanshi

www.cry.org

www.ahrchk.net

http://pvchr-folkschool.blogspot.com/

Sunday, April 20, 2008

Problem of Musahar in UN report

www2.ohchr.org/english/bodies/hrcouncil/docs/7session/A-HRC-7-5-Add1.pdf

Punish politicians, bureaucrats for hunger deaths: Human Rights Commission

http://southasia.oneworld.net/article/view/137977/1/3494

We Beat Our Children to Sleep

http://www.thesouthasian.org/archives/2006/we_beat_our_children_to_sleep.html

International human rights award recognizes Dalit struggle for dignity

http://www.actionaidindia.org/Dalit_struggle_for_dignity.htm

INDIA: STRUGGLE OF MUSAHARS IN DAMHI OF MIRZAPUR, A RAY OF HOPE AGAINST MARGINALIZATION

http://www.rghr.net/mainfile.php/0902/1222/

Bonded labourers from Musahar community in danger

http://www.pucl.org/Topics/Industries-envirn-resettlement/2002/musahar.htm

Hunger in Musahar at Kushinagar

http://groups.yahoo.com/group/chhattisgarh-net/message/566

Why Karmeena Musahar died

http://infochange.dreamhosters.com/index.php?option=com_content&task=view&id=5661&Itemid=112

India: Starving to Death in Uttar Pradesh

http://www.hrsolidarity.net/mainfile.php/2007vol17no03/2541/

INDIA: Starving Musahar community face exploitation in Mirzapur, Uttar Pradesh

http://www.global-sisterhood-network.org/content/view/784/76/

HUNGER ALERT (India): Corruption causes starvation in Musahar community in Varanasi, Uttar Pradesh

http://www.ahrchk.net/ua/mainfile.php/2007/2312/

HUNGER ALERT (India): Corruption causes starvation in Musahar community in Varanasi, Uttar Pradesh

http://www.ahrchk.net/ua/mainfile.php/2007/2312/

UPDATE(India): District administration responds to Hunger Alerts in Uttar Pradesh

http://www.foodjustice.net/ha/mainfile.php/ha2007/98/