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सरोकार » पुलिस बेगुनाह मुसहर को परेशान करती है
सरोकार » पुलिस बेगुनाह मुसहर को परेशान करती है
पुलिस बेगुनाह मुसहर को परेशान करती है
डॉ. लेनिन रघुवंशी पूर्वी उत्तरप्रदेश में ग़रीब और कमज़ोर लोगों के साथ होने वाले ज़ोर-जुल्म की कहानियां लगातार सरोकार को भेज रहे हैं. इस बार पेश है वाराणसी में पुलिस उत्पीड़न के शिकार कमलेश मुसहर की दास्तां उन्हीं की जुबानी
मेरा नाम कमलेश मुसहर है। मैं ग्राम-गाँगकला, पोस्ट-बड़ागाँव, थाना-बड़ागाँव, ब्लाक-बड़ागाँव, तहसील-पिण्डरा, जिला-वाराणसी का रहने वाला हूँ। मेरे परिवार में मेरी पत्नी शांति देवी है। मेरी तीन लडकियाँ तथा दो लड़के है। सभी लड़कियों और एक लड़के की शादी मैंने किसी तरह कर दी है। अभी एक लड़का जिसकी शादी की उम्र हो गयी है लेकिन पुलिस यातना के कारण शारीरिक रूप से अस्वस्थ होने के कारण अभी तक उसका विवाह नहीं हो पाया है।
पहले मैं शादी में बाजा बजाने का काम करता था, लेकिन अभी अस्वस्थ और दमा के रोगी होने के कारण मै भट्ठे पर अपनी पत्नी की मजदूरी करने में मदद करता हूँ। आज से करीब दस साल पहले अपने परिवार के साथ हँसी ख़ुशी जीवन बिता रहा था। तभी उसी साल (2000) गर्मी के महीने में एक आँधी सी आयी और मेरी जिन्दगी तहस-नहस हो गयी। मैं अपनी बहन के यहाँ लड़के की शादी में धरसौना गाँव में गया था। शादी कुशल-मंगल बीतने के बाद सभी रिश्तेदार अपने घर वापस चले गये। मैं भी वापस घर आ गया। मुझे यह बात उस समय पता नहीं था कि धरसौना में किसी राजभर की हत्या हुई है। शादी से आकर थक कर हम लोग मड़ई के बाहर नींद में सो रहे थे, तभी रात के करीब ग्यारह बजे पुलिस की गाड़ी बस्ती के बाहर आकर रूकी। गाड़ी की तेज आवाज सुनकर मेरी नींद खुली तो देखा-पुलिस! मैं आँख मलते हुए डर से खड़ा हो गया और सोचा इतनी रात को बस्ती में पुलिस क्यो आयी। दरोगा और पुलिस बस्ती में छा गये और १४ लोगों को मेरी बस्ती से ले जाने लगे। रात होने के कारण बस्ती के सभी लोग कहीं अन्दर कहीं बाहर सोये थे। मैंने हिम्मत करके डरते हुए पुलिस से पूछा-‘साहब हमें क्यो ले जा रहे हैं, हमारा गुनाह क्या है।’ तब पुलिस ने गन्दी-गन्दी गालियां देते हुए और मुझे मारते हुए कहा-‘‘साले चलो थाने वहीं तुम्हें बताता हूँ।’’ यह सुनते ही मेरा साँस की रफ्तार और तेज हो गई। मेरे बदन से पसीना निकलने लगा। वो लोग मुझे थाने ले गये। हम सभी लोग परेशान थे। थाने में फूलपुर थाने के गिरफ्तार लोग भी आये थे। थाने में जगह न होने के कारण कुछ लोग बाहर रहते थे कुछ थाने में ताला बन्द करके थाने के अन्दर रह रहे थे। सभी मुसहर ही थाने में थे। मैं रात भर यही सोच रहा था कि क्या इस हत्या के जुर्म के आरोपी सभी मुसहर ही हैं।
साथ ही साथ मुझे अपने परिवार की चिंता भी सता रही थी। जैसे-तैसे रात गुजर गयी, सुबह होने पर कुछ उम्मीद हुई कि शायद ये लोग पुछताछ करके
छोड़ देंगे, लेकिन ऐसा नहीं हुआ। एक के बाद एक-एक कर के सभी मुसहरो को छोड़ने लगे। मैं सोच रहा था शायद अब मेरा नम्बर आयेगा। मैं भी अपने घर जाऊँगा, लेकिन मेरी उम्मीदों पर पानी फिर गया। मैं और मेरे साथ चारो लोगों को पुलिस हिरासत से छुटकारा न मिला। मुझसे और इन लोगों से पुलिस बार-बार पुछती-‘‘क्यों, तुमने राजभर की हत्या की है?’ मैंने कहा-‘‘मैं किसी राजभर को नहीं जानता, मैंने किसी को नहीं मारा है।’’ तब वह मुझे डंडे से मारते और बोलते तुम अपना जुर्म कबूल नहीं कर रहे हो। वे मुझे जबरदस्ती हत्या का आरोपी बना रहे थे, कह रहे थे-‘‘तुम्हारी रिश्तेदारी धरसौना है।’’ मैं सोचने लगा रिश्तेदारी होने के कारण मुझे इतनी बड़ी सजा मिल रही है। जहाँ-जहाँ रिश्तेदारी है क्या वहाँ कोई किसी भी तरह की घटना घटेगी तो मैं उसका जिम्मेदार हो जाऊँगा। मैं उनकी मार खाता और रोता रहता, दिन भर यही सिलसिला चलता रहा। दुसरे दिन सभी मुसहरो को छोड़ दिया गया। मुझे ही सिर्फ पुलिस की हिरासत में रखा गया। यह देख मैं और डर गया कि कहीं यह लोग मुझे जेल न भेज दें, तब मेरा और मेरे घर वालों का क्या होगा। मेरी कच्ची गृहस्थी थी, सभी मेरे ऊपर आश्रित थे। घर के लोग जो कुछ बनी मजदूरी मिलती, उसी को करके अपना पेट चला रहे थे। मेरी पत्नी का रो-रोकर बुरा हाल हो गया था। मैं भी पुलिस की मार से कमजोर हो गया था। थाने में रूखा-सुखा मिलता था, पर खाया नहीं जाता था। डंडे मारने से थकने के बाद पुलिस ने जबरदस्ती जुर्म कबूल करने के लिए मेरे पैरों पर रोलर चलवाया, मैं चिखता-चिल्लाता, ‘‘साहब! यह क्या कर रहे है।’’ लेकिन मुझ पर उनको दया नहीं आयी। रोलर चलने के बाद मेरा शरीर ढीला पड़ गया, जैसे लग रहा था जान ही नहीं है। मै बहुत रो रहा था, बार-बार यही शब्द मेरे मुँह से निकलता, मैंने कोई हत्या नहीं की है, मुझे मत मारो, लेकिन वो लोग एक न सुनते। मैंने अपनी जिन्दगी में सोचा भी नहीं था कि यह दिन मुझे देखना पड़ेगा। मेरा घर मेरे बच्चे व पत्नी सभी परेशान और दुःखी थे। मेरी हालत के बारे में सुनकर उनका भी रो-रोकर बुरा हाल हो गया था। पुलिस के इस व्यवहार को देखकर मुझे लगता था मैं यहाँ से जिन्दा वापस अपने परिवार में नही जा पाऊँगा। मार के साथ-साथ पुलिस मुझे भद्दी-भद्दी गालियाँ भी देती थी। तीसरे दिन मेरी स्थिति अधिक खराब होती देख उन लोगों ने मुझे छोड़ दिया। लेकिन मेरे शारीर पर इतनी चोट थी कि मैं अपने पैरों पर उठ कर चल नहीं पा रहा था। कोशिश कर रहा था कि किसी तरह इनके चंगुल से निकल कर मैं अपने घर जाऊं। मैं एक-एक कदम रखते हुए किसी तरह बाहर निकला, तभी फिर पुलिस वाले मुझे बोले ‘‘यहीं रुको, कोई आये-जाये तो उसे पानी पिलाना।’’ यह सुनते ही मेरे होश उड़ गए, “शारीर फिर निर्जीव-सा हो गया। दस दिन तक थाने में रह कर आने-जाने वाले लोगों को नाश्ता-पानी करवाता और खाना बनाता। बार-बार मन में यही ख्याल आता, एक तो मेरे ऊपर इतनी ज्यादती की और मुझे घर पर भी जाने नहीं दे रहे हैं। मुझसे दस दिन तक गुलामी करवाया। मुझे मजदूरी भी नहीं दी। मुझे बहुत दुःख हो रहा था लेकिन वहाँ से छूटने पर मेरी जान में जान आयी, मैं घर चला आया।
आज भी मुझे पुलिस से डर लगता है क्योंकि पुलिस बेगुनाह मुसहर को ही परेशान करती है। पुलिस की इस घटना से मेरा पारिवारिक जीवन बुरी तरह प्रभावित हुआ। वहाँ से आने के बाद मैं शारीरिक रूप से अस्वस्थ रहने लगा मुझे काम करने में दिक्कत होने लगी। जिसके कारण आर्थिक स्थिति खराब हो गयी है। बच्चे भी अब अलग रहने लगे हैं। एक लड़के की शादी की जिम्मेदारी सिर पर है। टेस्टीमोनियल थेरेपी के तहत ’मानवाधिकार जन निगरानी समिति’ द्वारा टेस्टीमोनियल थेरेपी प्रदान की गयी। टेस्टीमोनियल थेरेपी के तहत मनोवैज्ञानिक व सामाजिक उपचार से राहत मिली थी कि तभी अचानक दिसम्बर माह में मड़ई में आग लग गयी और साड़ी गृहस्थी तबाह हो गयी। सारा समान, बिस्तर, कम्बल, कपड़ा, खटिया और अनाज जलकर खाक हो गए। उसके बाद से तो जीवन और भी बदतर हो गया है। बच्चे अलग रहते हैं। कोई भी आर्थिक मदद नही करता है। ‘मानवाधिकार जन निगरानी समिति’ वाराणसी ने रिहैबिलिटेशन एण्ड रिसर्च सेन्टर फॉर टार्चर विक्टिम्स, डेनमार्क के सहयोग से 9,800 रुपये प्रदान कर हमारे पुर्नवास में सहयोग प्रदान किया है। हम सभी निराशा की गर्त में थे, लेकिन समिति के सहयोग से हमारी जिंदगी में रोशनी आ गयी है और जीवन अब अच्छा लग रहा है।
बरखा सिंह और मीना कुमारी पटेल के साथ बातचीत पर आधारित
डॉ0 लेनिन रघुवंशी 'मानवाधिकार जन निगरानी समिति' के महासचिव हैं और वंचितों के अधिकारों पर इनके कामों के लिये इन्हें 'वाइमर ह्युमन राइट्स अवॉर्ड', जर्मनी एवं 'ग्वांजू ह्युमन राइट्स अवॉर्ड', दक्षिण कोरिया से नवाज़ा गया है. लेनिन सरोकार के लिए मानवाधिकार रिपोर्टिंग करेंगे, ऐसा उन्होंने वायदा किया है. उनसे pvchr.india@gmail.com पर संपर्क साधा जा सकता है.
Tags: kamlesh, police attrocity
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The Musahar community of North India: Bonded to caste slavery
http://www.mynews.in/fullstory.aspx?storyid=3897#
The Musahar community, in Northern India, is socially and economically one of the most marginalized communities in India and they are poorest amongst poor. The Musahar community falls under the category of the Scheduled Caste.
Although the practice of untouchability is a crime in Indian law the Musahar community is not allowed to enjoy ordinary social life with the mainstream society and to share common amenities in the village.
People from the Musahar community are deprived of owning property, means of livelihood, and education. For their survival they work as laborers in the agricultural fields or do some other hard physical labour. The remuneration for such work is given in kind, mostly discarded food or grains. Due to this they do not have any savings that they could use during times of need. This forces them into starvation at times when they have no regular work.
In such a situation Musahar community largely depends upon the Public Distribution System (PDS) to get food grains at subsidised rate for their survival. But due to corruption in the bureaucracy and due to an almost defunct judiciary, often weaker sections of society are denied of the food grains in the villages because the PDS licensee can easily escape from their criminal offences and malpractices.
Musahars are estimated between 5 lakhs to 7 lakhs in Uttar Pradesh and concentrated in eastern belt of Uttar Pradesh in districts Kushinagar, Maharajganj, Deoria and are also found in Siddharthnagar, Mau, Jaunpur, Chandouli, Gazipur, Mirzapur and Varanasi districts. Exact figures are not available as they are included in SC category in the state but were not counted separately in last census. They are estimated to be closer to 3 millions in Bihar.
For the purpose of the present study villages Dhuriyaghat, Karmaini and Doghra from block Kasaya in district Kushinagar, villages Ledhi and Ramnagar Badiya from block Nichllol in dist Maharajganj and village Ranipur from block Katiya in dist Gopalganj were visited.
A landless community which was traditionally dependent on forest was slowly pushed from the forest areas as forests were nationalized, depleted and land based economy took over. A resource less community found itself on the mercy of landed class which exploited them as bonded labourer for the weeding, harvesting and cleaning the fields. This work of cleaning the field from rats and later using the grain from rats burrow may have given them the name 'Musahars' (musa-rat and ahar-diet) and hence community whose diet is rats.
The community was further pushed towards pauperization as lands were divided and the harvesters were introduced. With the forests out of bound for the community they also lost their supplementary income which they used to get from supplying leaf plates during marriages and community events.
Brahmins, Thakurs, Yadavs are the main land holders in the area. But the landholdings of Musahar community are almost nil or meager. In villages we visited (5 in U.P. and 1 in Bihar) only 25% of people from 2 villages had land and average land holding is not more than 1 to 2 bigha. They got these lands when the Land Ceiling Act was implemented. But in 75% of cases they do not have control over land as original landholders had managed to get stay orders from the court. Plus their land is not irrigated, stony and far away near forest.
Musahars work as agricultural labourers for land holding castes and mainly do weeding and harvesting work. They earn Rs 40/-(men) and Rs 25/-(women) for harvesting and Rs 25/-(men) and Rs 15/-(women) for the weeding work. These wages are far below the minimum wages of Uttar Pradesh which is Rs100/-. Both these jobs are seasonal and give them employment for not more than 3 months in a year.
In rest of the year they either work as casual labourers for both agricultural and non-agricultural works earning not more Rs 40/- to Rs 60/- a day.
Many of them also work in the brick –kilns and earn Rs 70/- a day but here also their incomes are not substantial as none of them are skilled to do work of a fireman which is highly specialized work in the brick-kiln.
In the lean agricultural season due to lack of any other livelihood options Musahars migrate to other parts of the country traveling up to Delhi and Punjab where they work as casual labourers in construction industry earning not more than Rs 70/- to Rs 80/- a day and merely surviving on these wages. Some of them also move towards Jaipur where they are employed in the small textile units to colour the cloth and earn up to Rs 100/- a day. But all these jobs are in unorganized, underpaid sectors and they are part of the vast pool of migrants merely surviving on pittance. As a result none of them are able to break the cycle of bondage and poverty.
The family back home survives on the casual labour and also on debts. Marwaris and Brahmins are the main money lenders in the area. The interest rates are not less than 10% and mounting up to 15% to 20% which binds them to permanent bondage.
The status of Musahars is so pitiable that they do not even own the land on which they have built their kachha houses. They stay on the common lands of gram panchayat on the outskirt of the main village even far off from other SC houses. Devoid of electricity, proper roads, water and sanitation Musahars bastis look like castaway.
In spite of their numerical strength in many villages of eastern Uttar Pradesh they are reduced to inconsequential status as they are neither organized as vote bank nor do they have resources either tangible in terms of land or money nor skills to bargain their position in society.
Traditionally they had voted for the landed class who were their masters in life represented by Congress party but in the last state election they shifted their allegiance to Bahujan Samaj Party. But this shift has largely gone unnoticed in a state where highest numerical caste of 'Chamar' followed by second highest 'Brahmins' have joined hands to form the winning alliance.
The community which has been left behind by the society finds itself at the tail end of all the government schemes. As one of the poorest group who do not have any sustainable livelihood options and hence who faces severe food insecurity, they should have been entitled to receive the maximum benefits of food schemes. But here also they are at the receiving end.
The PDS was initiated in India decades ago to help the marginalised and the poor sections of Indian society. It is a system through which the government distributes rationed articles for subsidised price. However, the PDS shop owners/licensees do not distribute the articles for the poor people, but sell the articles in black market to private hotels.
Illegal dealing in rationed articles is a crime under the provisions of the Essential Commodities Act, 1955. However, it is for the local police to register a crime and investigate it. But since the police fail to do this duty owing to massive corruption and the rationed articles never reach the needy.
The same long standing question is that why does it happen? Why the people, who are already in a convenient position and enjoying the privileges of good social and economic living conditions, could dig into the resources earmarked for the poor amongst the poorest?
It is possible only because of the endless division of Indian society on the basis of caste and institutionalised corruption. Centralised, complex and absolutely obscure nature of bureaucracy leaves no place for transparency at any level within the system; even the judiciary is no exception to this. In such a situation, the state police have been reduced to a uniformed, but bottom to top corrupt force paid from the government exchequer.
This is probably the reason why in spite of several judgments and directions of Supreme Court of India regarding right to food the judgments failed to have any effect to change the status quo. The plight of 18 Musahar families of Sarai village of Varanasi who are still deprived of the benefit of the social security schemes and right to food is a glaring example.
I urge to Chief Minister of Uttar Pradesh to express my concern for the state government''s abject failure to address the ongoing corruption and negligence of district administration at different levels which is causing starvation and malnutrition among Musahar community. I call for investigations and disciplinary action to be taken against the government officials responsible for failure to ensure the right to livelihood of the poor amongst the poorest.
Saturday, February 14, 2009
Friday, December 19, 2008
Sunday, December 07, 2008
Tuesday, December 02, 2008
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.
Friday, June 20, 2008
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
Sunday, April 06, 2008
Thursday, May 31, 2007
लोक विद्यालय वाराणसी के बेलावा मे
एशियन ह्यूमन rights कमीशन के बासिल, जैक, बीजो और मानवाधिकार जन निगरानी समिति के लेनिन के बीच बातचीत के बाद तय किया गया कि वाराणसी के बेलवा गाव मे मुसहर लोगो का लोक विद्यालय चलेगा जब जुलाई से सितम्बर २००७ तक मुसहरो को कोई काम नही मिलाता है , जिससे उस समय वे कर्ज और भुखमरी के शिकार होते है।मुसहर परिवारो को उस समय लोक विद्यालय मे भाग लेने के लिए स्कालरशिप दीं जायेगी। साथ मे ही एक आचार संहिता का निर्माण किया जा रहा है, जिससे उनके बीच समता, संघर्ष,संघटन को खड़ा किया जा सके।साऊथ कोरिया की जिन्जू आजकल बेलवा के मुसहरो की कहानी लिख रही है। आपकी साथी - श्रुति
मोबाइल नंबर : 9935599330
INDIA: Three persons from the scheduled caste forced to work as bonded labourers in Varanasi, Uttar Pradesh
Asian Human Rights Commission - Urgent Appeals
INDIA: Three persons from the scheduled caste forced to work as bonded labourers in Varanasi, Uttar Pradesh
URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
21 May 2007-------------------------------------UA-166-2007: INDIA: Three persons from the scheduled caste forced to work as bonded labourers in Varanasi, Uttar Pradesh
INDIA: Bonded labour; corrupt policing and government neglect-------------------------------------
Dear friends,
The Asian Human Rights Commission (AHRC) has received information from its local partner, the Peoples' Vigilance Committee on Human Rights (PVCHR), regarding the bonded labour of three persons from the Musahar community in Asbaranpur village of Varanasi district. Musahar is a scheduled caste and considered untouchable by the caste Hindus. It is alleged that on 4 May 2007, the victims were abducted by Mr. Nandu Yadav and were forced to work as bonded labourers in his brick kiln. They were freed after the intervention of the PVCHR on 20 May 2007. The same persons were freed four years ago by a similar intervention. This was after the intervention of Dr. Lenin Raghuvanshi, a member of the Varanasi District Vigilance Committee Against Bonded Labour and the National Human Rights Commission of India. However, no action was taken against Mr. Yadav till now.
CASE DETAILS:Mr. Ashok Mushar, Mr. Vikrama Mushar and Mr. Munnilal Mushar are the residents of Nindanpur village in Varanasi district, Uttar Pradesh. Musahar community is one of the most marginalised communities in Uttar Pradesh. This community is socially ostracised and economically exploited by caste Hindus for centuries. It is unfortunate that the constitutional mandates against the practice of untouchability [Article 17] and bonded labour [Article 23] have little effect in reality.
According to the information received, on 4 May, 2007 the owner of brick kiln Mr. Nandu Yadav accompanied by his armed men came to the Musahar basti [cluster of houses where the Musahars stay] in Nindanpur village and verbally abused the Musahars and forcibly took Mr. Ashok Mushar, Mr. Vikrama Mushar and Mr. Munnilal Mushar away in his vehicle.
It is alleged that all the three victims had been forced to work as bonded laborers at Yadav's kiln four years ago. It is also alleged that the victims had to face frequent physical and verbal abuse from Yadav and his men every day. They were treated worse than slaves. It is alleged that the victims were freed after the intervention by the convener of the PVCHR, Dr. Lenin Raghuvanshi. Yadav who remained low for the past four years returned to the village on 4 May 2007 to claim his labourers and have abducted the freed men to his kiln. However when the PVCHR came to know about the incident they intervened and the three were released.
Bonded labour is a crime in India. Any person forcing anyone into in bonded labour must be charged with a crime and put to trial. However, this requires police action initiated by the district administration. Even though a complaint was filed with the local police and the district administration against Mr. Yadav, no action has been taken against Yadav so far. It is alleged that since Yadav is an influential person the police is refusing to take any action in this case.
ADDITIONAL COMMENT In Varanasi district and other parts of Uttar Pradesh people from the socially and economically marginalised communities are still exploited for forced labour. People from these communities are treated inhumanly; physically abused and are paid nothing by their employers.
The domestic law against bonded labour – the Bonded Labour System (Abolition) Act, 1976 provides for punishment for compelling a person to engage in bonded labour. In addition to prescribing punishment for forcing persons into bonded labour, the Act by a declaration freed everyone from bonded labour and prohibits contractual agreements facilitating bonded labour and continuation or extension of any pre-enactment agreement of similar nature. The Act also writes off all pre-enactment debts and liabilities that had resulted in forced labour.
As of today, the practice of bonded labour still continues in several parts of India, particularly in northern India and in southern states except Kerala. Though the law has come into force since 1976, like much other domestic legislation - The Dowry Prevention Act, 1961 and The Scheduled Caste and Scheduled Tribes [Prevention of Atrocities] Act, 1989 - the implementation of these laws have mostly failed in India.
This is because domestic legislations depend heavily of the local police to initiate actions against the perpetrator of a crime. It is for the local police to register a case, investigate it and submit it to the court for prosecution. However, in most cases where the victims are from the marginalised or socially ostracised communities the local police take no action. This is mostly because the widespread prevalence of corruption within the police and the complete lack of accountability on police inaction.
As of today policing in India suffer from corruption, nepotism, insensitivity, incapability to investigate crimes and political influence. Thus far the government has initiated no actions to address these issues, but has resisted all moves to retain policing under the clout of local politicians. The police on the other hand play into this caucus, allowing the rich and powerful to exploit them so that the officers and the establishment as a whole could benefit from the illegal proceeds of such an arrangement. For further information regarding these issues please see http://material.ahrchk.net/hrreport/2006/India2006.pdf
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Dear Madam
INDIA: Three persons from the scheduled caste forced to work as bonded labourers in Varanasi, Uttar Pradesh
Name of victims: 1. Mr. Munnilal Mushar aged about 35 year, a resident of Nindanpur village, Badagaon police station, Varanasi district, Uttar Pradesh 2. Mr. Ashok Mushar aged about 28 year son of Lalchand Mushar , a resident of Nindanpur village Badagaon police station, Varanasi district, Uttar Pradesh 3. Mr. Vikrama Mushar aged about 34 year son of Sukkhu Mushar, a resident of Nindanpur village, Badagaon police station, Varanasi district, Uttar Pradesh Alleged perpetrator: Mr. Nandu Yadav, resident of Badagaon village, Badagaon police station, Varanasi district, Uttar PradeshDate of Incident: 4 May 2007Place of Incident: Nindanpur Village, Baragaon police station, Varanasi district, Uttar Pradesh
I am writing to voice my concern regarding the case of bonded labour reported from Nindanpur village in Varanasi district, Uttar Pradesh. I am informed that the above named victims were forced to work as bonded labourers in the brick kiln of the Mr. Nandu Yadav.
According to the information I have received, on 4 May Mr. Nandu Yadav, the owner of brick kiln situated at the Asbaranpur village, accompanied by his armed men came to the Musahar basti of Nindanpur village and forcibly took the three men named above in his vehicle. It is alleged that they were forced to work as bonded labourers for Mr. Yadav till 20 May 2007, the day on which they were freed.
I am also informed that all these three victims had been forced to work as bonded laborers at Yadav's brick kiln 4 years ago. I am informed that the victims were freed from Yadav’s custody, but no case was registered against Yadav at that time. It appears that Yadav has a considerable influence with the local police and that is the reason why he dared to retrun to the village after four years to reclaim his labourers. I am also informed that the local police have not registered a case against yadav even as of toady, though a complaint regarding the 4 May abduction was lodged at your office as well as the office of the Senior Superintendent of Police, Varanasi.
I urge you to take immediate steps to put an end to slave-like practices and bonded labour in all industrial establishments within your jurisdiction. I also urge you to inquire into this case and to take actions against Mr. Yadav and the erring police officers immediately. I also urge you to ensure proper protection to the victims and their families.
Yours sincerely,
--------------------
PLEASE ALSO SEND A COPY OF YOUR LETTER TO:
1. Ms. Mayavati Chief Minister, Chief Minister's SecretariatLucknow, Uttar PradeshINDIAFax: + 91-522-2230002/2239234Email: csup@up.nic.in
2. Justice A.P. MishraChairperson, The Uttar Pradesh Human Rights Commission6-A Kalidass Marg, Lucknow,Uttar PradeshINDIAFax: + 91 52 2272 6743Email: uphrc@sancharnet.net
3. The National Commission for Scheduled Castes and Scheduled TribesGovernment of India5th Floor, Loknayak BhawanKhan MarketNew Delhi 110003INDIAFax: + 91 11 2462 5378Email: chairman-ncsc@nic.in
4. Mr. Yashpal Singh, IPSDirector General of PoliceTilak Marg, LucknowUttar PradeshINDIAFax :+91 52 2220 6120, 2220 6174 E-mail : police@up.nic.in
Thank you.
Urgent Appeals Programme Asian Human Rights Commission (ahrchk@ahrchk.org)
Posted on 2007-05-21
Back to [2007 Urgent Appeals]
