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

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/

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

http://www.ahrchk.net/ua/mainfile.php/2007/2399/
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
SUGGESTED ACTION:
Please send a letter to the relevant authorities, to the District Magistrate Varanasi in particular, and others listed below, urging them to take immediate action to arrest the alleged perpetrators and provide protection to the victims.
To support this appeal, please click here:
Sample letter:
To
Ms. Veena District MagistrateVaranasi, Uttar PradeshINDIAFax: 91 5422501450Email: dmvns@satyam.net.in
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]