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]

Rule of Law in Belwa, Varanasi, India Petition

Rule of Law in Belwa, Varanasi, India Petition

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

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

Voice of voiceless Musahars

Prabhawati, the wife of Nagina Musahar from Kushinagar, UP, told how her husband died of hunger. Her only daughter, Sambha, is two-years-old but because of acute malnutrition looks just six-months-old. To survive, Prabhawati begs and sometimes gets work in the fields. After outside intervention she was given 10,000 rupees under the National Family Benefit Scheme and a leaky house.

Mr. Chotalal, aged 42, son of Mithailal of Oraw village in Pindra Block under Phoolpur Police Station, Varanasi district, explained how the Musahar community struggle to survive under the control of other groups:

"We have no land of our own. We work in the fields of Thakurs and Brahmins. They are the upper caste people. This work is seasonal, for about two months per year. For a full day's work we are paid 5kg of wheat for a male and 3kg of wheat for a female. We work from 7am to 4pm. Sometimes we get 20-30 rupees per day for men and 5 rupees for women. We have never even hoped for the minimum wage and equal remuneration. If we demanded the minimum wage, the landlords would kill us. If we have any complaints, we must keep quiet. You can't go to the police: the police mean money here. They all work for the landlords”.

"For the rest of the year, we work as manual labourers and also make plates out of leaves, which people buy for serving food at marriages and other ceremonies. We earn about 20-30 rupees for making 200 plates”.

"The Gramasabah here has about 90 bigahs (45 acres) of land. This land was taken by the upper castes. We were told that this land was intended to be given to us but the fact is that we do not have this land. I was told that some of the property which is currently held by the landlords stands in our names, but we are not able to use it as our own property. However, we still have to work on it as labourers since the property has been taken by them. We are scared to put any claim on our property”.

"We are not even allowed to go to the place where the upper caste people live. Even the backward people do not allow us to come to their houses. This is because we are untouchables. But if there is any work in their households, we are expected to go and do the work. If we are found in the upper caste area without being asked to come there for work, we will be beaten. If there is any crime in the locality, we are by default blamed for it. In the past, there was a murder: 13 of our family members were arrested and put in jail. No one ever dared to complain because it would not make a difference”.

"Nearly all our children go to school. But their schooling is over after Grade 4. All our children are dropouts from the school. There are no schools that will educate our children for free and we have no money to pay school fees. The government schools are far away. Even though the fees at government schools are nominal, we do not have enough money to pay. We would like to see our children educated and well-employed but this is not a realistic dream”.

"We do not have any medical care or hospitals near by. Nobody from the government would ever come here. Some of us have ration cards but we do not have money to buy rations. In the past, we would have to pay at least 100 rupees to buy our rations, because the public distribution shops were so corrupt. Now, the price is normal, at 10 rupees, but we still cannot afford this."

Mr. Bhotu Musahar, aged 55, son of Sukhdev Musahar, residing at Belwa Musahar village, Varanasi district, said that starvation is treated as normal in his village:

"We have stayed here for about six generations. For eight months we work at a brick kiln. The kiln is about 10 kilometers from here. But we have no option. There is a kiln which is in the neighboring property. It is run by Rajendar Tiwari, the most powerful man in Belwa village. The property is on Panchayat land. The place from which the clay is collected for this kiln is from the village property. We were told that this property was earmarked for our community to cultivate and build our huts. But we cannot question this since the person who questions Tiwari would not live to see the next dawn”.

"For about ten years we worked for Tiwari. He never paid us any money. He used to abuse us for everything. If someone failed to turn up for work he would beat that person when he came to work next time. If anyone fell sick and failed to turn up for work, then also he would beat the person. Women faced the same treatment. Tiwari's son used to do the same. His son, Guddu Tiwari, was very young when he used beat us. I was beaten by him when Guddu was only 20. The kiln manager beat us too”.

"Tiwari would give us some vegetables for our work, once a week, and that was the only payment. This was not enough for us. It would be over in a day and the rest would be easily damaged, since what he gave us was already rotten. Once in a while we would get dead animals. These were Tiwari's animals. However, we were not allowed to take any dead animal. Only when Tiwari allowed us we could take them. We never cared how the animal died; we only cared how fast we could cook it. Sometimes we would dig up buried animals a day after without anyone knowing. We did not have any time to fetch food for ourselves since we were not allowed to leave the kiln. We could not earn anything else from other work since no one would employ us. This was because we are untouchables and even if anyone was willing to employ us Tiwari would intervene and prevent it”.

"Many people died from starvation and a few from injuries suffered at work and also from beatings. We never dared to complain to anyone. Where could we complain? We had seen police officers staying at Tiwari's house and having dinner with him. Tiwari also used to threaten us that if we ever dared to complain to anyone about this he would get the police to arrest us. He threatened us that instead of the men, he would get the women arrested. So we had no other option. Men, women and children worked for Tiwari. Every child was to work for him. The only concern was whether one could work or not. Young or old, all had to work. Rain or drought everyday we had to work. Even if somebody died and the body was still at home, you still had to go to work or else they would beat us. We were fed up with this situation and the punishments were intolerable”.

"It was Dr Lenin who came to our rescue. It was his organisation [PVCHR] which helped us from this mess. He advised us to lodge complaints at the Sub Divisional Magistrate’s court. But there was no action. Soon there was an opportunity for us to speak at a [tribunal]. After that we came to know that it had asked the magistrate to take action upon our complaint. The magistrate came here. We also came to know that Dr Lenin also had filed a separate complaint on our behalf to the same officer. One day we were all free. However, we were never paid any compensation. We were informed that the magistrate had ordered 20,000 rupees to be paid to us. But when we inquired at the magistrate's office we were told that since the magistrate is a Brahmin, he would never execute the order, and we were asked to be satisfied with our freedom, and that nothing more is to be expected”.

"We have only five ration cards altogether. The ration shop dealer never opens his shop regularly. It is open only one or two days in a week and that too during evening hours. We work in a kiln about 10 kilometers away. By the time we finish our work and return, the shop is closed. The food grains that are to be supplied for a very low price are also sold at a higher price. We are not able to afford such high prices. We know it is illegal. But we cannot complain. The ones who dare to complain will never live to see the result of the complaints. The police, health officer and district administration officers are all teamed against us. Who cares for us?”

"Hunger is accepted in our village. It is hard to manage the children. By night they start crying and refuse to sleep [due to hunger]. We have no option. We beat them hard so that they cry for a while and are soon tired and that is how we put our children to sleep”.

"Many have died of starvation here. Bahru Musahar's family is one example. His wife and two children died within four weeks of one another. His daughter Reena died when she was five-years-old. Then his wife Kismati Devi died, and soon his other daughter Hasna, who was nine-months-old: all within about four weeks of this year. Bharu has lost his senses now. This is not strange for us. Every year in July, August, September and October a few children die here due to malnutrition and acute starvation. No one cares for us."