INDIA: An acting village head assaults human rights defenders and villagers in a corruption cover up

29 September 2009
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INDIA: An acting village head assaults human rights defenders and villagers in a corruption cover up

ISSUES: Threats; human rights defenders; violence against women; corruption
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that police and government officials have refused to look into a case of corruption and sponsored thuggery in a Varanasi village, where leaders are abusing a government scheme to relieve poverty. Human rights activists and villagers were beaten by an organised gang in a village hall after they complained that an audit was being fabricated, and that many of their names were being misused. We have also learned that although the office of the village head was reserved for a female candidate and was won by the wife of a local landlord, it is her husband who runs the village. Reliable reports claim that he has been bribing officials to maintain his position.

CASE DETAILS:

According to information received from the People's Vigilance Committee on Human Rights (PVCHR), a social audit was arranged at the Ahirani Community Centre in Nathaipur village on 14 September by the Badagaon Block Development Officer (BDO). The audit was to look into the operation of the National Rural Employment Guarantee Act, 2005 (NREGA), which is operated by the Village Panchayat – the smallest village administrative unit, last amended in 1999 under the Uttar Pradesh Panchayat Raj Act, 1947. The NREGA is a central government scheme that provides employment to the poor and is supposed to work in tandem with the Panchayat to make sure that village affairs are attended to on a grassroots level, and that villagers are empowered.

The elected village head is charged with keeping payment records under the scheme, and the social audit has been built into NREGA to avoid corruption and allow villagers to lodge complaints. Local human rights organisations are also invited to participate in the audit to ensure transparency.

Though the village head, Ms. Usha Devi, was not present for the audit, her husband, Mr. Lolarak Singh arrived at the community centre with BDO Mr. Atul Mishra, in the latter's vehicle. However when Mishra started reading out the payment records to the villagers, according to procedure, many found that they were falsely recorded as having been employed and paid. A Mr. Lalji objected to the entry of his name in the list, which recorded too many working days. Others started to complain, and claim that embezzlement had taken place.

According to our reports, Singh along with staff of the Village Panchayat, including Mr. Anil Dubey, the Village Secretary and the Assistant Development Officer verbally abused the villagers, and then started to physically push them around. Various women were struck, including a Ms. Chandra Devi. Activists note that Singh and the officers were then joined by known underworld figures, who had been keeping a low profile at the meeting. They reportedly started to beat the villagers, shouting that low caste Dalits have no right to complain against their upper caste masters.

Lalji and Mr. Magala Rajbhar, an activist associated with the PVCHR, tried to intervene and keep the peace, but were beaten by Singh. The BDO called off the meeting and made moves to leave. When asked to call the police by two female PVCHR staff members (Ms. Shruti and her sister Ms. Anupam), he claimed that he would rather report it personally. Shruti requested that she and Lajli go with him and the three tried to leave, but a mob of upper caste men led by Singh reportedly surrounded the vehicle and demanded that Lalji get out. At this point Mishra allegedly pushed Lalji out of his vehicle, and Shruti followed, fearing for his safety. The two were beaten, and one man, Guddu Dubey, known for his links to the underworld, struck Shruti to the ground. Villagers were able to intervene and the two victims were taken to Phulpur Police Station to make a report.

At the station they found that BDO Mishra had not reported the incident. Police refused to register the case or make moves to go to the scene. Left with no other option, Shruti filed a written complaint at the station and returned to the PVCHR office in Varanasi.

ADDITIONAL INFORMATION:

According to local reports, the head position at Nathaipur village was reserved for a female candidate in the past election. The local landlord Lolarak Singh put his wife, Usha Devi forward for the post and since then for all practical purposes, Lolarak has managed the office, allegedly controlling the village with a group of aggressive henchmen and paying regular bribes to village officials. It appears to local activists that officials have colluded in the misappropriation of funds meant for development programmes. The arrival of Singh at the audit with the BDO, plus the lack of action taken by the officer, has done little to assuage these suspicions.

Widespread corruption and the near-impossible task of exposing it, has rendered many of the government-sponsored schemes in rural India a failure. Neither the state government nor its agencies like the revenue department and the police have shown much active interest in the problem. When ordinary villagers protest and fall victim to landlord-sponsored violence, their protection often falls to human rights defenders. This has led to many such defenders being abused, injured and killed.

SUGGESTED ACTION:

Please write to the authorities below expressing your concern and calling for a thorough investigation into the various forms of corruption taking place in Nathaipur village.

The AHRC is sending a letter to the Special Rapporteur on the situation of human rights defenders, calling for an intervention in this case.

To support this appeal please click here:

SAMPLE LETTER:

Dear _________,

INDIA: Please take actions against those who have assaulted human rights defenders and villagers in a corruption cover up

Name of victims:
1. Ms. Shruti Nagavanshi, human rights activist, PVCHR; Varanasi, Uttar Pradesh.
2. Ms. Chandra Devi, wife of Vijay Kumar; Nathaipur village, Pindra Block, Uttar Pradesh.
3. Mr. Mangala Rajbar, human rights activist, PVCHR; Varanasi, Uttar Pradesh.
4. Mr. Lalji Rajbar, son of Pancham Rajbar; Nathaipur village, Pindra Block, Uttar Pradesh.

Name of alleged perpetrators:
1. Mr. Lolarak Singh, alias Arun; son of Lallan Singh; Nathaipur village, Pindra Block, Uttar Pradesh.
2. Mr. Guddu Dubey, son of Phulchand Dubey; Nathaipur village, Pindra Block, Uttar Pradesh 3. Mr. Anil Dubey, staff of the Nathaipur Village Panchayat; Pindra Block, Uttar Pradesh.
4. Village Secretary, Nathaipur Village Panchayat, Pindra Block, Uttar Pradesh.
5. Mr. Atul Mishra, Block Development Officer, Pindra Block, Uttar Pradesh.

Date of incident: 14 September 2009
Place of incident: Ahirani Community Centre, Nathaipur Village, Uttar Pradesh

I am writing to express my concern about the organised assault and threats to the lives of villagers and human rights defenders, resulting from corruption, as reported from Nathaipur Village in Uttar Pradesh.

I am informed that the victims were assaulted by the perpetrators named above on 14 September at the Ahirani Community Centre during a social audit. I am informed that the husband of the village head (and allegedly 'acting chief' of the village) Lolarak Singh was trying to prevent a social audit, along with village officers. The audit was to look into the operation of the National Rural Employment Guarantee Act, 2005 (NREGA), and to allow complaints regarding its operation.

I am informed that much of the violence took place after villagers heard their names being misused and misrepresented in the scheme's financial records, as kept by the village head, suggesting that some kind of embezzlement had taken place.

The victims were threatened and assaulted by the perpetrators in public, and in the presence of Block Development Officer (BDO), Mr. Atul Mishra. This officer not only arrived with the main perpetrator of the violence in his own car, but made no use of his authority or even his duty as a civilian, to report the abuse to the police. Eyewitnesses saw Mishra pushing a human rights defender from his vehicle at the demands of a violent group of thugs, after which the defender and a female colleague were beaten.

I am aware that corruption in the administration of the Village Panchayat is common in India. I am also informed that the landlords, who often control the management of Village Panchayats in rural India, regularly abuse, assault and threaten villagers and activists who question the legitimacy and transparency of their actions – and those of the landlords. I am informed that the incident above is one of many. It is unfortunate and symbolic to see that the BDO, a senior revenue officer, not only neglected to help the victims but appeared to collude with the illegal violence and cover up being perpetrated.

I therefore request that you immediately ensure that the following is undertaken:

1. An immediate investigation into the entire incident;
2. The recording of witnesses' statements, in particular that of the victims named above, by the police;
3. An enquiry into the running of the NREGA schemes in Nathaipur Village Panchayat, particularly regarding the amount of money spent on development programmes;
4. A case against the perpetrators named above for assaulting, injury and obstructing the duty of government servants.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. Chief Secretary
Government of Uttar Pradesh
Shri Lal Bhadur Shastri Bhavan
Lucknow 226001, Uttar Pradesh
INDIA
Fax: +91 52 2223 9283
Email: csup@up.nic.in

2. Director General of Police
1-Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 220 6120 / 220 6174
E-mail: police@up.nic.in

3. Chief Minister
Government of Uttar Pradesh
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234
E-mail: csup@up.nic.in

4. Inspector General of Police
Varanasi Zone
Varanasi, Uttar Pradesh
INDIA
Email: igzonevns@up.nic.in

5. Senior Superintendent of Police
Varanasi, SSP Office
Kachahari, Varanasi, Uttar Pradesh
INDIA
Email: sspvns@up.nic.in

Thank you.

[Hunger Alert] UPDATE (India): Call for more attention on handloom weaver community where five children died of malnutrition in Varanasi

5 March 2009

[RE: AHRC-HAU-001-2008: INDIA: UPDATE (India): Boy suffering from malnutrition dies; 13 others remain at serious risk]
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INDIA: Call for more attention on handloom weaver community where five children died of malnutrition in Varanasi

ISSUES: Right to food; right to health; malnutrition; government neglect; corruption
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Dear friends,

The Asian Human Rights Commission (AHRC) had reported that a two-year-old child had died of malnutrition on May 31, 2008 and thirteen other children were facing the same fate in Dhannipur village, Varanasi district. In fact, five children died of malnutrition in the village within seven months since then. Despite of the intervention and relief from the local government, the weavers have difficulty to get rations at Public Food Distribution System (PDS) shop and suffer from lack of hygiene water supply facility. The neglect and the corruption of the relevant government officers causing child malnutrition deaths remain unpunished.

UPDATED INFORMATION:

We had warned that thirteen children were suffering from acute malnutrition and had asked the relevant government authorities in Varanasi district as well as Uttar Pradesh to take action. Soon after that report, a two-year-old boy Shahabuddin out of thirteen children at risk died of malnutrition (AHRC-HAC-008-2008 and AHRC-HAU-001-2008).

After Shahabuddin died, the Dhannipur village council gave 25 kilogrammes of rice and INR1000 (USD 19.4) as immediate relief. The AAY ration card under the Public Food Distribution System (PDS) which is issued to the poorest families below the poverty line (BPL) was also issued to the victim's family.

Despite the fact that the other malnourished children were taken to the Community Health Centre and the District Magistrate (DM) and Chief Medical Officer (CMO) had subsequently visited the village, another two-year-old child Shaheena Parveen died of malnutrition on 5 July 2008. Thereafter on 29 July, two and half-year-old Imaran died of malnutrition. Again, two-year-old Mohammad Isharak died of malnutrition on 8 November.

Not until four children had died of malnutrition in the village, did the local administration take significant action in the matter. The entire village, in particular the handloom weaver community is facing starvation and loss of children due to malnutrition.

The BPL ration card (white card) was issued to all fourteen families whose children were malnourished and the PDS shop was opened 500 meter away from the community. Ten kilogrammes of wheat were distributed to about fifty families by way of immediate assistance. Health camps were organised three times and an Anganwadi Centre for the Integrated Child Development System (ICDS) was set up to provide nutrients and vaccines to cater to the health care of the children.

For the first time in the community, basic facilities such as hand-pumps for water supply, electricity, Roller Compacted Concrete (RCC) road, public sanitation etc. were initiated. Meanwhile, another four-month-old child Shabeena died of malnutrition in the village.

Among the five victims' families, only two victims' families received INR 1000 as an immediate relief. The AAY ration card was issued to four families while one was given the white card. The families who were provided with ration card to collect rations at the PDS shop at a cheaper price subsidised by the government, still face difficulties in getting rice and wheat.

According to them, the shopkeeper neither records it in his register nor in their ration cards. This leaves ample scope to alter the records later. Further, the shopkeeper charges the card holders INR 10 as loading charges, and allegedly cheats them on weights as well. This is a crime under the Essential Commodity Act 1955. The ration card holders think that the shop will be closed soon since the problems are recognized. Apart from the fourteen families who have been issued ration cards, there are many other community members suffering from hunger who do not have any ration card.

There is an allegation against the village council. Only two out of fourteen hand pumps provided for the village by the government are installed in the victims' community. The supply of adequate drinking water is one of the keys preventing disease and ensuring food security.

ADDITIONAL COMMENTS:

Given the fact that the village council and Block council are in charge of the welfare and development of the village, and is a basic social unit to take care of malnutrition and death of the children in the village, it is apparent that the village council used to exclude the children suffering from malnutrition as well as the poor. Dhannipur village is mostly occupied with handloom weavers facing serious economic crisis for decades since the handloom weaving industry declined due to cheap product from power-loom weavers or China.

The response to the child victims' families by the village council and Block council also explains its lack of responsibility as well as coherent and obvious counter plan to get the victims released. In particular, the way they issue the ration card has not reflected the living condition of the poor. This also explains why no relevant officer visits the community. Moreover, the PDS shopkeeper's unlawful management is not monitored at all. Despite their neglect causing food insecurity, no one was punished for its neglect of duty and corruption.

Although thirteen children had been taken to the public health institution after one boy died at first, the public health system failed to save another four children even after they were found to be malnourished.

Dhannipur village is declared as a special village by the district government after five children's deaths. On the one hand, the village is being improved with construction of basic infrastructure, but on the other hand, five victims' families and others in the same community have no substantial improvement in their living condition.

SUGGESTED ACTION:
Please write a letter to express your concern about the handloom weaver community of Dhannipur village.

The AHRC has also written a separate letter to the UN Special Rapporteur on the Right to Food calling for their intervention.

To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

INDIA: Please take stronger measures to stop malnutrition deaths

Children who died of malnutrition:
1. Shahabuddin, two years old, son of Mohammad Idrish, died on May 31, 2008
2. Shaheena Parveen, two years old, daughter of Rustam, died on July 7, 2008
3. Imran, two and half years old, son of Shahid, died on July 29, 2008
4. Mohammad Isharak, two years old, son of Mohammad Rahim, died on November 8, 2008
5. Shabeena Bano, four months old, died on December 26, 2008
Other affected people: Handloom weavers in Dhannipur village, under jurisdiction of Kashi Vidya Peeth Development Block, Varanasi district, Uttar Pradesh
Relevant government authorities who neglect their duty:
1. Village council (Panchayat) of Dhannipur village including village head
2. Primary Health Centre and Community Health Center for Dhannipur village
The alleged person violating right to food: PDS shopkeeper in Dhannipur village
Location: Handloom weaver community in Dhannipur village, under jurisdiction of Kashi Vidya Peeth Development Block, Varanasi district, Uttar Pradesh

I am writing to express my concern about the handloom weavers who lost five children due to malnutrition within seven months in Dhannipur village of Varanasi district.

I have learned that the Asian Human Rights Commission (AHRC) had reported that a two-year-old child died of acute malnutrition in May 2008 and thirteen children were identified as malnourished at that time. Despite the fact that all the children were taken to the public hospital, four more children died of malnutrition after that. It is very shameful to hear that the public health system totally failed to prevent child malnutrition deaths.

I am informed that not until the five children died, were the AAY ration cards under the Public Food Distribution System (PDS) issued to the weavers suffering from hunger. As it has been earlier reported by the AHRC, handloom weavers in Varanasi are exposed to food insecurity and unemployment as the weaving industry gets clogged cheap products either from power-loom weavers or China. Nevertheless, these malnutrition deaths reflect the fact that the government is indifferent to their sad plight.

After all these deaths, the relevant government authorities provided ration cards, a PDS shop and a Child Care centre (Anganwari center) to ensure food security and child health care in the village. At the same time, they initiated construction of infrastructure such as water pumps, electric supply and roads.

However, I am informed that only four of the victims' families got AAY card which is issued to the poorest among below the poverty line family while one of them got a white card. I am further informed that there are many weavers who do not have any ration card. Moreover, the PDS shopkeeper does not record of food distribution either on his register or on the card holders' card. It is alleged that he under weighs the ration assigned and even charges INR 10 as loading charges. I am aware that this is a crime under the Essential Commodities Act 1955.

I have also learned that the relevant government authority including village council did not provide equal and sufficient assistance to all the victims, which explains that there is no coherent and immediate system to apply to all the victims in order to prevent the malnutrition death and ensure the food security. Only two out of twelve hand pumps allocated by the local government were given to the community. There is no drainage system and proper sanitation facility causes disease thereby affecting on food security.

I am of the opinion that the relevant authorities consistently neglect their duty of preventing malnutrition deaths and providing immediate relief to the victims. However, no one has been punished for neglect and corruption for malnutrition deaths.

I am glad to hear that the village is declared as a special village by the local government authority to ensure their food security and to improve their living condition. On the other hand, the substantial change has yet to come to the weavers including the victims' families since they do not have proper work for a living.

In the light of this, I urge you to ensure these;

1. Please investigate into the record, unlawful management at the PDS shop. If any corruption thing is found, please take actual action on it and arrange a real fair shop for the poor.

2. Please pay attention to other weavers' living condition in the community and issue more ration cards

3. Please provide more hand pumps and drainage system to the community which is essential to ensure food security and health care

4. Please pay attention to the weavers' economic crisis to ensure their food security in a sustainable manner

5. Please punish the public servants who neglected their duty of preventing malnutrition deaths and ensuring food security

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Justice Mr. Balakrishnan
Chief Justice of India
Through the Office of the Registrar General
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: +91 11 2338 3792
E-mail: supremecourt@nic.in

2. Ms. Mayawati
Chief Minister
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: +91 522 223 0002 / 223 9234
E-mail: csup@up.nic.in

3. Ms. Meira Kumar
Minister, Ministry of Social Justice & Empowerment
Sardar Patel Bhawan
Sansad Marg
New Delhi - 110 001
INDIA
Fax: +91 11 2374 2133
E-mail: ddpg2-arpg@nic.in

4. Commissioner
Varanasi Division
Kutchahry, Varanasi
Uttar Pradesh
INDIA
Fax: +91 542 228 2345
E-mail: commvar@up.nic.in

5. Country Director
World Food Programme
2 Poorvi Marg, Vasant Vihar
New Delhi 110057
INDIA
Fax: +91 112 615 0019
E-mail: wfp.newdelhi@wfp.org

Thank you.

Search this section: Advanced Search Printer Friendly Version [Hunger Alert] INDIA: Hunger strike protester dies while demanding fairness in

20 February 2009
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INDIA: Hunger strike protester dies while demanding fairness in food distribution

ISSUES: Right to food; corruption
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Dear friends,

The Asian Human Rights Commission (AHRC) has received the information from the People's Vigilance Committee on Human Rights (PVCHR) that a young man died of hunger while on a hunger strike held in Varanasi district on 12 February 2009. Until he died, the deceased victim had been demanding issuance of a ration card under the Public Food Distribution System (PDS) which was ignored by local administration. On the other hand, the Assistant Development Officer (ADO) and Station House Officer (SHO) of Phoolpur police station made attempts to stop the hunger strike and even threatened the human rights activists against supporting the poor in Varanasi.

CASE DETAILS:

Mr. Keshaw Ram (age 28) died on 12 February 2009 during a hunger strike held in Sitapur district of Uttar Pradesh state (UP). He lived with his mother, his wife and two children in Shivpuri village, Pahala Block in Sitapur district of UP.

On 10 September 2008, Keshaw had applied for an Antyodaya Anna Yojana (AAY) card under the PDS which issues these to the poorest of the poor living below the poverty line. His fair demand was ignored by the village council and block development council dealing with various government welfare schemes for the poor including issuing of ration cards.

Keshaw struggling against hunger and government neglect since then, attended the hunger strike in Pahala Block of Sitapur district organized by Voice of People (VOP). He made an impassioned plea for an AAY card drawing the government's attention during the hunger strike. His pleas fell on deaf ears. Keshav died. There was no food grain found at his home when he died.

Not until his death, did the local administration issue the AAY to his family and 30 kilograms of wheat as well. The VOP requested the local administration for providing financial support the the victim's family which has been yet responded. Furthermore, Keshaw is not the only one who suffered from hunger and food insecurity in his village. There are more than 200 families facing a similar situation. According to the PVCHR, the families are demanding AAY cards, land for housing, land for farming, and other developmental government projects. Despite, the local administration has been consistently ignoring their starvation and poverty.

It is alleged that the local administration neglects its duty of preventing hunger deaths. It not only fails to implement various government policies for the poor, but also attempts to violate their cultural rights. The local government compels the victim's family to cremate the corpse while it is customary for the family and the community to bury the dead.

DETAILS ON HUNGER STRIKE:

The VOP organized a hunger strike on 12 February 2009 in 60 Blocks of 22 districts including Sitapur district in UP. It has been asking for more attention on the issues faced by the marginalized and socially weak groups such as the Dalit community. Despite many written statements to the concerned authorities, the administration failed to respond. The VOP therefore decided to organize a hunger strike with the intention of sending a distress signal to the State government as well as the local administration concerning the food insecurity and absence of basic infrastructure suffered by many villagers. Mr. Vijay Raj Yadav, the District Secretary of VOP had already intimated the Chief Minister of UP and District Magistrate (DM) of Varanasi by post on 23 January 2009.

When the hunger strike was on in the Pindra Block of Varanasi, the DM of Varanasi came and assured the participants that he would fulfill their demands by 17 February. The participants' demands were as follows:

1. Employment under National Rural Employment Guarantee Act (NREGA).
2. Pension for the old, the widows, and the handicapped.
3. Installation of hand-pumps and construction of roads in the villages inhabited
by marginalized communities.
4. Implementation of family welfare schemes.
5. Construction of houses for the villagers living below poverty line.

All these demands are nothing new. They are all government schemes to ensure the right to food and to prevent hunger deaths in India, which is enshrined in Supreme Court Order 2005 on the right to food. What the people were demanding was that the government implements these promises which had so far remained on paper.

Instead, the Assistant Development Officer (ADO), Pindra Panchayat pressurized the protesters to call off the hunger strike. The protesters did not succumb to the pressure and continued their hunger strike expecting the District Magistrate to honour his promise. Moreover, although the strike was peaceful, the Station House Officer (SHO) of Phoolpur police station Mr. R N Pandey attached to Pindra Block also threatened the protesters with dire consequences and insisted that the human rights activists call off the strike.

The SHO of Phoolpur police station has slapped false charges against the human rights activists of the PVCHR. The Phoolpur police often threaten them and withdraw their support to the poor, thereby violating the right to freedom of speech and expression. For the previous appeals regarding the Phoolpur police' violent action against human rights activities, please see AHRC-UAU-007-2008, AHRC-UAU-004-2008, and UA-305-2007.

The intimidation of the local police and the negligence of local administration illustrate their unwillingness to prevent hunger deaths and ensure the food security in India. Rather, they attempt to conceal the true picture of hunger and poverty, and force the human rights activists to be silent.

Till date, on 18 February 2009, thirteen protesters of Pindra Block of Varanasi district continue to struggle for these demands while the local administration consistently ignores its duty.

SUGGESTED ACTION:
Please send a letter to the authorities mentioned below expressing your concern about hunger deaths in Varanasi. Please take a note that not until the death of a protester, did the local government take any action for the poor suffering from food insecurity.

The AHRC has also written a separate letter to the UN Special Rapporteur on the Right to Food calling for intervention.

To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

INDIA: Please stop hunger deaths in Uttar Pradesh

Name of victim: Mr. Keshaw Ram (age 28), a resident of Shivpuri village, Pahala Block, Sitapur district, Uttar Pradesh
Relevant government officials and authorities:
1. Chief Minister of UP
2. DM of Varanasi district, UP
3. DM of Sitapur district, UP
4. Pahala Block development Authority, Sitapur district, UP
Name of persons threatening human rights activists and attempting to halt the hunger strike:
1. Mr. Ashok Singh, the Assistant Development Officer (ADO) of Pindra Block Council (Pindra Panchayat), Varanasi district, UP
2. Mr. R N Pandey, Station House Officer (SHO) of Phoolpur police station, Pindra Block, Varanasi district, UP

I am writing to express my concern about the victim who died of hunger during hunger strike in Sitapur of Uttar Pradesh, on 12 February 2009. Mr. Keshaw Ram, the deceased victim lived in Pahala Block, Sitapur district of UP.

I am informed that the deceased victim attended the hunger strike organized by the Voice of People (VOP) on that day. He had been suffering from starvation and demanding an AAY card earmarked for the poorest of the poor living below the poverty line, in order to buy the rations subsidized by the government and sold at a cheaper price.

I am informed that on 10 September 2008 Keshaw had applied for an AAY card, which was denied by the village council. Since then, he had to starve and was compelled to join the hunger strike. The hunger strike was an attempt to raise an alarm about hunger and starvation faced by more than 200 villagers. The victim was desperate due to the fact that the local administration neither made available the government welfare schemes for the poor nor paid attention to their suffering. There was no food found at the victim's home when he died.

I have learned that not until he died, did the local government issues the AAY card to his family along with a meager 30 kilograms of wheat. The government also provided land and relief fund for the family which was came out all after his death.

I have studied that various forms of government schemes for the poor are enshrined in Supreme Court Order on the right to food (2005) in order to prevent hunger deaths as well as ensure food security in India. However, no government seems to have the willingness to prevent hunger deaths.

On the contrary, the Assistant Development Officer of Pindra Block Panchayat forced the peaceful demonstrators to call off their strike held in Varanasi district.

Although the strike was conducted in a peaceful manner, the Station House Officer (SHO) of Phoolpur police station Mr. R N Pandey attached to Pindra Block also threatened the participants and human rights activists to stop the strike. Both, the local administration and the police violate the right to freedom of speech and expression. I am aware that the Phoolpur police station has imposed false charges on the human rights activists, threatening and interrupting their support for the poor.

In Pindra Block of Varanasi district, thirteen participants are still on a hunger strike calling for the government's attention and immediate action to prevent hunger deaths and ensure food security for the poor.

I, therefore, request you to take the following actions:

1. Provide all government welfare schemes including ration cards and land for the deceased victim's family and other families facing the same hunger situation in Pahala Block of Sitapur district without any delay;

2. Fulfill the demands of the hunger strikers so as to ensure food security for the poor in Varanasi;

3. Punish those who neglect their duty of preventing hunger deaths and implement the government schemes for the poor, the absence of which causes hunger deaths, and;

4. Punish the local administrative officials and police officials violating the right to freedom of speech and expression and even threatening the participants to stop the hunger strike.

I will keep monitoring the hunger strike and the government response.

I am looking forward to your immediate action and more attention on this issue.

Yours sincerely,

--------------
PLEASE SEND YOUR LETTERS TO:

1. Ms. Mayawati
Chief Minister
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 522 223 0002 / 223 9234
E-mail: csup@up.nic.in

2. Justice Mr. Balakrishnan
Chief Justice of India
Through the Office of the Registrar General
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: +91 11 2338 3792
E-mail: supremecourt@nic.in

3. Ms. Meira Kumar
Minister, Ministry of Social Justice & Empowerment
Sardar Patel Bhawan
Sansad Marg
New Delhi - 110 001
INDIA
Fax: + 91 11 2374 2133
E-mail: ddpg2-arpg@nic.in

4. Commissioner
Varanasi Division
Kutchahry, Varanasi
Uttar Pradesh
INDIA
Fax: +91 542 228 2345
E-mail: commvar@up.nic.in

5. Mr. Sanjay Kumar
District Magistrate
Sitapur District
Uttar Pradesh
INDIA
Fax: +91 5862 242 615
E-mail: sit@up.nic.in

6. Director General of Police
1-Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 220 6120 / 522 220 6174
E-mail: police@up.nic.in

7. Country Director
World Food Programme
2 Poorvi Marg, Vasant Vihar
New Delhi 110057
INDIA
Fax: +91 112 615 0019
E-mail: wfp.newdelhi@wfp.org

Thank you.

INDIA: Intoxicated police officers assault 12 families in Varanasi

10 February 2009
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INDIA: Intoxicated police officers assault 12 families in Varanasi

ISSUES: Torture; violence against women and children; impunity; corruption
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Savitribhai Phule Women's Association and the People's Vigilance Committee on Human Rights (PVCHR) about an incident in which intoxicated police officers assaulted the members of 12 families in Varanasi. It is reported that the police officers who attacked the families at night did not spare the old, pregnant women or the children.

CASE DETAILS:

On 29 January, at about 1:30am about 50 police officers from the Cantonment Police Station of Varanasi district arrived at Hukulganj (Dharkar Ghetto). The officers arrived in six vehicles. Hukulganj is within the jurisdiction of the Cantonment Police Station. Hukulganj is a place by the side of the public road in Varanasi. 12 families from the Dhakar community live there in huts.

As soon as the officers arrived, they entered the huts and started assaulting the residents. The officers spared none. Men, women, children and even pregnant women were not spared. While assaulting the people, the officers were shouting at them to vacate the place as soon as possible.

The incident in the words of a victim, Mrs. Vimala, is reproduced below:

My name is Vimla. I am about 40 years old. I am a resident of Hukulganj (Dharkar ghetto), under the jurisdiction of the Cantonment Police Station in Varanasi district. I am living in a small hut with my family. My family includes my husband, three sons, a daughter, daughter-in-law, and a grandson. All of us are engaged in making and selling household items from bamboo.

Like my family, other 45 persons live in 12 huts in this place. We are staying here since several generations. We are all engaged in the same profession.

On 29 January at about 01.30 am about 50 police officers, or probably slightly more, arrived near our huts in six police vehicles. Once the officers arrived, they started assaulting us with sticks. They assaulted our children, women, old persons and those who were sleeping. While beating us they were also threatening us that we should vacate the place before the morning. They said, otherwise they would ruin the huts by throwing explosives.

The officers were drunk and their intention was not good. They misbehaved with the women. They tried to sexually abuse the women and when the women objected, they brutally beat them up. A Police Sub-Inspector entered my hut, dragged me by holding my legs, and fixed a gun at my mouth, when I tried to lean on my bed. He threatened and yelled at me to run away.

When I asked him the reason, he beat me on my arm and dragged me outside from my hut. I am suffering from intolerable pain from the assault. We all were perplexed and terrorised with the sudden attack on our community and the incident created a chaotic scene.

The officers even did not spare the old persons. The officers assaulted a 70-year-old woman named Lachi with a stick. Then they assaulted Rekha, a pregnant mother, who is in the advanced stage of her pregnancy.

Many persons were injured in the incident. They destroyed our household articles and destroyed the utensils. The officers destroyed the huts of eleven families. By then, some persons from the neighbouring communities had gathered there. Before the officers left, they set on fire the huts belonging to four families. Our household and livelihood articles were burned. We suffered great loss.

After the incident, we informed the District Magistrate of Varanasi about the incident. The information was sent by local speed post. A complaint was also given to the Additional District Magistrate in person. In both complaints we requested the officers to provide medical treatment and to arrange for a medico-legal examination of the injured. But our request is ignored till now. The officers have also threatened us to remain silent about the incident.

A video of the incident is available at http://www.youtube.com/watch?v=jzGZoRQbhbk&feature=email.

BACKGROUND INFORMATION:

The Dharkar families have been living by the side of the road since the past four generations. They earn their livelihood by making baskets and other household articles from bamboo. Before moving to the current location in Hukulganj, these families were residing at Nazul Land number 33 in Varanasi.

'Nazul Land' is government or municipality land leased to private individuals or to entities like schools by a municipal authority for non-agricultural purposes. Prior to the allotment of the land, the municipality has to satisfy that the land is barren and that no agricultural activity is possible on it. Once the lessee does not require the possession of the land, or if the leasor decides to terminate the lease, the land has to be returned to the leasor. Due to wide-spread corruption, often the lessee illegally converts or uses the land for illegal purposes, including resale for profit with the knowledge of the leasor.

In old municipalities like Varanasi, where government land were once under the Zamindari system (old Indian feudal practice legalised by the British and later abolished by the government by an Act of the Parliament) large extents of lands that were taken over by the municipalities were handed over to individuals, exploiting the laws relating to Nazul Lands. Land number 33, where the Dharkar families were previously staying was also was leased out in similar circumstances to private individuals.

The Zamindari system, (feudal system of land holding acquired by birth right) was abolished by the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, a law that came into operation in the state in 1951. A subsequent amendment that was made to this law incorporated Section 122 (b) (4) (f) to ensure that Nazul Lands not under the possession of the members of the Scheduled Caste (SC) or the Scheduled Tribe (ST) will be repossessed by the government to be allotted to the members of the SC or ST communities.

A person named Prakash Singh Patel, resident of Bari Bazar, Varanasi had persuaded the Dharkar families to vacate from Nazul Land number 33 on the pretext that he would construct a boundary wall to secure the place for the safety of Dharkar families. Believing Patel, the Dharkar vacated the land. But after the construction of the wall, Patel denied to hand over possession of the land to the Dharkar families. He chased them away from the land. It is since then; the Dharkar families started living at Hukulganj by the side of the road.

The victims had filed two petitions with the authorities seeking assistance. The first petition was filed on 13 January to the District Magistrate of Varanasi, seeking his approval to allot houses to the Dharkar under the Kanshi Ram Shehri Gharib Awas Yojna, a state government scheme that envisages allotting 100,000 free houses each year to the poor. The second petition was filed on 27 January at the office of the Additional District Magistrate, requiring the officer to repossess Nazul Land number 33 from Patel and allot it to the Dharkar. Both petitions were not acted upon.

It is in this context that the assault upon the Dharkar community assumes relevance, in addition to the fact that illegal and arbitrary force was used upon the families by the police. It is suspected that Patel, who found that his illegal possession of Nazul Land number 33 could be in jeopardy due to the petitions submitted by the Dharkar families, Patel bribed the police officers to threaten the Dharkar to vacate the place from where they are staying. Patel was of the expectation that Dharkar being the members of the lower caste and destitute, with no one to take up their cause, would move to some other place, so that they would no more claim their legal right over Nazul Land number 33, which he is planning to illegally profit from.

Varanasi is a city in India, like many other similar cities, where the destitute and the poor live in temporary sheds and huts in open areas by the side of the roads, under bridges and in any available place. The police officers never care to interfere with the life of these people unless there has been some pressure from higher authorities or someone has bribed them. It is equally important to note here that no other similar settlements were disturbed by the police on 29 January, or any day prior to this date or after. It is also an important point to be noted that the police action was just an hour past mid night.

A police force otherwise reluctant even to write down a complaint if a person visits the police station, to disturb a selected neighborhood, threatening, assaulting and abusing the inhabitants in the huts and further asking them to vacate the place within dawn, implies to anyone who knows the manner in which the police operate in India, that the police were acting at the behest of Patel. However, the police and Patel underestimated the fact that Dharkar community also, however poor they might be, have now a means to speak out.

Under the Indian law, a police officer do not have a legal right to enter a house, irrespective of the fact, whether it is a hut or a mansion, in public or private place, unless they have specific authority under a warrant. Needles to say, abuse of women and children and assaulting persons are not sanctioned any law in India. Instead such acts are crimes punishable under appropriate laws in the country.

On 8 January, as a result of several attempts by the local human rights groups, a clerk from the office of the Circle Inspector of Police visited the place. The clerk insisted that the statements of the injured have to be recorded without the presence of human rights activists. The victims refused and the clerk returned, threatening that he would record that they do not have any complaints. This is also a process unheard of in law. According to the Criminal Procedure Code, 1973, if a statement regarding a crime has to be recorded, it has to be taken down by a police officer and a copy of the statement be handed over to the informant.

Additionally, the crime of destruction of huts, abuse and assault of the Dharkar families is an offense under the Section 3 of the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989. Under Rule 7 (1) of the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Rules, an officer below the rank of the Deputy Superintendent of Police do not have authority to investigate a crime that is alleged to have committed under the Act. According to Section 17 (1) of the Act, the District Magistrate has a mandatory responsibility to hold an enquiry upon the incident and order investigation about the incident. Failing to do so, would be a crime under the Act.

SUGGESTED ACTION:
Please write letters to the authorities listed below, urging them to take immediate steps to provide protection to the families. The incident must be investigated by a senior police officer and a crime must be registered against the officers involved in the incident. Additionally, it must also be ensured that appropriate land is allotted to the Dharkar families by the state government.

The AHRC has also written letter to the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance calling for an intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear _________,

INDIA: Police officers who assaulted 12 Dharkar families must be punished

Name of victims:
1. Rajendra, aged about 35 years, son of Kattal
2. Lachi, aged about 70 years, wife of Late Jangi
3. Vimla, aged about 40 years, wife of Gulab
4. Rekha, aged about 19 years
5. Somaru, aged about 35 years, son of Lallu
6. Gulab, aged about 42 years, son of Budheram
7. Madan, aged about 42 years, son of Kedarnath
8. Ghurelal, son of Late Kattal
9. Vinod, son of Lallul
10. Srawan Kumar, son of Ghure
11. Matruram, son of Lallu
12. Lallu, son of Sukhdev
13. Gulab, son of Pardeshi
(All the above persons are residents of Hukulganj, within the jurisdiction of Cantonment Police Station, Varanasi district, Uttar Pradesh)
Alleged perpetrators: 50 police officers stationed at the Cantonment Police Station, Varanasi district, Uttar Pradesh state, who could be identified by the victims
Date of incident: 29 January 2009

I am writing to express my concern about the incident reported to me concerning the assault upon 12 Dharkar families in Hukulganj in Varanasi, Uttar Pradesh. I am informed that on 29 January at about 01.30 am about 50 police officers from the Cantonment Police Station in Varanasi assaulted the members of 12 families staying at the Dharkar Ghetto in Hukulganj in Varanasi. It is reported that the officers were under the influence of alcohol.

I am also informed that the police officers who attacked the families at night did not spare the old, pregnant women or the children. The officers, estimated to be 50 in number, arrived in six vehicles. Hukulganj is within the jurisdiction of the Cantonment Police Station in Varanasi district. The victims were staying in 12 huts at Hukulganj, by the side of the public road.

As soon as the officers arrived, they entered the huts and started assaulting the residents. The officers spared none. Men, women, children and even pregnant women were not spared. While assaulting the victims, the officers were shouting at them to vacate the place as soon as possible.

According to a victim, Vimla, the officers started assaulting the victims with sticks as soon as they arrived. They assaulted children, women, old persons and those who were sleeping. While beating the victims the officers also threatening them that they should vacate the place before the dawn. The officers reportedly said that if they disobeyed they would ruin their huts by throwing explosives.

The officers were reportedly drunk and their intentions were not good. They misbehaved with the women. They tried to sexually abuse the women and when the women objected, they brutally beat them up. A Police Sub-Inspector entered Vimla's hut, dragged her by holding her legs, and fixed a gun at her mouth, when she tried to lean on her bed for support. The officer threatened and yelled at Vimla to run away.

When Vimla asked the officer the reason his behaviour, the officer assaulted Vimla on her arm and dragged her outside the hut. It is also reported that the officers did not spare the old persons. The officers reportedly beat a 70-year-old woman named Lachi with a stick. They assaulted Rekha, a pregnant mother, who is in the advanced phase of her pregnancy.

Many persons were reportedly injured in the incident. The officers destroyed household articles and the utensils. The officers destroyed the huts of eleven families. Before the officers left, they set on fire the huts belonging to four families.

I am informed that even though complaints were filed at the office of the District Magistrate and the Additional District Magistrate in Varanasi, no action is taken so far in the incident. I am surprised to know that the only person who turned up at the place to record the statements of the victims is just a clerk from the office of the Circle Inspector of Police, who refused to record the statements of the victims in the presence of human rights activists.

I am further informed that the Dharkar families seeking allotment of Nazul Land number 33, from where they were illegally evicted, was the provocation for the assault. I am informed that Mr. Prakash Singh Patel, a resident of Bari Bazar, Varanasi is the person who might have instigated and bribed the police officers to engage in the illegal act narrated above.

I am further informed that Patel has forcefully and illegally evicted the victims from Nazul Land number 33 in order to illegally profit from the land. I am also aware that the atrocities committed against the victims are offences punishable under Section 3 of the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989.

I therefore request you to take immediate actions to ensure:
1. the safety of the victims named above and that of their families;

2. that an impartial investigation is conducted upon the incident;

3. the statements of the victims are recorded in the presence of persons of their choice by a police officer not below the rank of a Deputy Superintendent of Police;

4. the police officers against whom the victims allege acts of assault are immediately suspended from service;

5. that the Nazul Land number 33, currently under the illegal possession of Mr. Prakash Singh Patel, a resident of Bari Bazar, Varanasi is recovered by the government;

6. that this land or any other suitable land under the Nazul Land scheme is allotted to the victims, and;

7. that the victims are covered under the Kanshi Ram Shehri Gharib Awas Yojna and free houses are allotted to them without any further delay.

Yours sincerely,

----
PLEASE SEND YOUR LETTERS TO:

1. Ms. Mayawati
Chief Minister
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: +91 522 2230002 / 2239234
E-mail: csup@up.nic.in

2. Secretary to the Government
Uttar Pradesh State Government
5th Floor ¡V Lal Bahadur Sastri Bhavan
Lucknow, Uttar Pradesh
INDIA

3. Director General of Police
1-Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 220 6120 / 220 6174
E-mail: police@up.nic.in

4. Additional Director General of Police (ADG) Human Rights Division
1Tilak Marg Lucknow
Uttar Pradesh
INDIA
E-mail: humanrightshq@up.nic.in

5. Ms. Meira Kumar
Minister, Ministry of Social Justice & Empowerment
Sardar Patel Bhawan
Sansad Marg
New Delhi - 110 001
INDIA
Fax: + 91 11 23742133
E-mail: ddpg2-arpg@nic.in

6. Chairperson
National Commission for Scheduled Caste
5th Floor, Lok Nayak Bhavan
Khan Market, New Delhi 110003
INDIA
Fax: + 91 11 24625378
E-mail: jointsecretary-ncsc@nic.in

7. Dr. Rajesh Kumar Mishra
Member of Parliament - Varanasi Constituency
33, Meena Bagh
New Delhi- 110 003
INDIA

8. Rahul Gandhi
Member of Parliament
2, Tughlak Lane
New Delhi- 110 011
INDIA
Fax: +91 11 23018550

9. Mr. Shripad Sirodakar
Senior Superintendent of Police
Varanasi, SSP Office, Kachahari
Uttar Pradesh
INDIA
E-mail: sspvns@up.nic.in

10. Inspector General of Police
Varanasi Zone
Varanasi District, Uttar Pradesh
INDIA
E-mail: igzonevns@up.nic.in

11. District Magistrate
Varanasi
Uttar Pradesh
INDIA
Fax: +91 54 2234 8313
E-mail: dmvsn@satyam.net.in

Thank you.

[Hunger Alert] UPDATE (India): Call for more attention for hand-loom weavers suffering from hunger and Tuberculosis in Varanasi

30 January 2009

[RE: HU-005-2007: INDIA: A handloom weaver suffering from tuberculosis and poverty for 22 years]
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INDIA: Call for more attention for hand-loom weavers suffering from hunger and Tuberculosis in Varanasi

ISSUES: Right to health; extreme poverty; government neglect
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Dear friends,

The Asian Human Rights Commission (AHRC) has recently received information that a handloom weaver living in the Lohta area suffers from Tuberculosis (TB). Lohta located in the Varanasi district has been dominantly occupied by handloom weavers who suffer from poverty and TB as their industry declines. The AHRC has continuously reported the weavers' extreme poverty. This aggravates their health situation due to infection with TB, particularly in Lohta. The local government has not taken any substantial action in this area, while reporting a reduction in the number of TB cases.

UPDATED INFORMATION:

The AHRC has been reporting the extreme poverty and TB which are endemic with handloom weavers living in Lohta of Varanasi District since 2007.

It was reported in HA-012-2007 [Handloom weavers and their family members may die from tuberculosis in Uttar Pradesh due to poor living conditions] that eight handloom weavers and their families in Lohta suffered from TB and hunger. In another previous case, HU-005-2007, Mr. Mahmoodul Hasan also suffered from TB for many years.

All of the weavers living in Lohta found it difficult to provide food for their family as the weavers had lost their jobs due to the decline of the handloom weaving industry. These weavers infected with TB even could not do any other work as they became weaker. This vicious circle of the extreme poverty and the ailment constantly threatens the weavers and their families' lives.

Another handloom weaver, Mr. Ahmed Ansari living in Lohta reportedly suffers from TB. He went to the Primary Health Centre (PHC) of Kashi Vidhyapith Block and was put on medication for the last three months. However, as is shown in many other weavers' cases, he also had to stop treatment in order to support his wife and four children. Moreover, he had no other option for making a living other than pulling a rickshaw. The more he works, the worse he gets as intensive physical labour aggravates the disease.

It is reported that R S Verma, Chief Medical Officer said that the Designated Microscopy Centre (DMC) covering all eight Blocks in Varanasi district has made diagnostic facilities available to all sections of the society. However, Ahmed could not access the DMC in Lohta as the facilities are not properly known to the handloom weavers who are the most vulnerable group infected with TB.

Due to the extremely indigent living conditions of the handloom weavers, they can neither provide daily food for their families not get them fully treated. While the weavers infected with TB get treated, other family members find it difficult to obtain food. Eventually this forces the infected weavers to go back to work to feed their families. Incidentally, the weavers cannot even find work such as rickshaw-pulling, or construction work on a regular basis.

Although there are some facilities established under the Revised National Tuberculosis Control Programme (RNTCP), and success stories were reported, there is no additional support for the rest of the family members while the main bread winner infected with TB is under treatment.

In a people's tribunal for weaver's and artisans organized by the Varanasi-based People's Vigilance Committee (PVCHR), in collaboration with Action Aid International India (AAIA), the AHRC and Bunkar Dastakar Adhikar Manch (BDAM) on 18 December 2007, many handloom weavers in Varanasi district appealed against their poverty and the deaths from TB infection and hunger. For the details on the tribunal, please go to the Ethics in Action.

The AHRC demands that the local government take more positive action to eradicate TB infection and death by TB in Varanasi. In particular, in the Lohta area, the relevant authorities should directly care for the many handloom weavers exposed to TB infection and lack of food.

SUGGESTED ACTION:

Please write a letter to express your concern about the handloom weavers suffering from lack of food and TB infection in Lohta, Varanasi.

The AHRC has also written a separate letter to the UN Special Rapporteur on the Right to Health and World Health Organisation calling for their intervention.

SAMPLE LETTER:

Dear __________,

INDIA: Please stop Tuberculosis and extreme poverty threatening handloom weavers in Varanasi

Name of the victim suffering from TB and hunger: Mr. Ahmed Ansari and other handloom weavers who are either suspected to be or infected with TB, living in Lohta area, Varanasi district, Uttar Pradesh
Relevant government authorities: Ministry of Health and family welfare
Location: Lohta Panchayat, Kashi Vidhyapeed block, Varanasi district, Uttar Pradesh

I am writing to express my concern about the handloom weavers suffering from TB infection as well as lack of food in Varanasi.

I have learned that the Asian Human Rights Commission (AHRC) has reported the handloom weavers' extreme poverty and endemic aliment among them since 2007. The AHRC along with local human rights groups held a tribunal for weavers and artisans living in the Varanasi district. Many of the weavers, coming from different areas in Varanasi to participate in the tribunal, suffered either from lack of food or from a TB infection which sounded alarms to the people of the world.

I have discovered that all of the weavers living in the Lohta area of Varanasi district found it difficult to provide food for their family as the weavers have lost their jobs due to the decline of the handloom weaving industry. The weavers infected with TB even could not do any other work because they were too weak. This vicious circle of the extreme poverty and the persistent presence of TB infection threaten the weavers and their families' lives on a daily basis.

I was recently informed that another handloom weaver, Mr. Ahmed Ansari from Lohta reportedly suffered from TB. He went to the Primary Health Centre (PHC) of Kashi Vidhyapith Block and was kept on medication for the last three months. However, as is shown in other cases, he also had to stop his treatment in order to support his wife and four children. Moreover, he had no other option for making a living other than pulling a rickshaw. The more he works, the worse he gets as intensive physical labour aggravates the disease.

I am aware that the rate of TB infection in India was the highest in the world according to the World Health Organisation report 2007. I am also aware that the relevant local governments have made efforts in order to stop the spread of TB such as the establishment of the Designated Microscopy Centre (DMC). Despite this, many handloom weavers who are more exposed than others to TB infection and poverty cannot access proper facilities to get fully treated.

Therefore, I urge you to take more positive and substantial action and give more attention to the handloom weavers in Lohta of the Varanasi district. Please take note that the weavers and their families need an appropriate livelihood and regular food while the main bread winners attempt to completely recover.

I further urge you to ensure that the handloom weavers should be helped to be freed from their extreme poverty resulting in the lack of adequate food. Unless the handloom weavers have appropriate work to support their families with sufficient nutritious food, the Indian government will never eradicate TB.

Yours sincerely,

----------------
PLEASE SEND YOUR LETTERS TO:

1. Dr. Anbumani Ramadoss
Minister
Ministry of Heath and Family Welfare
Chamber No.348, Nirman Bhawan
New Delhi -110 011
INDIA
Fax: +91 11 2306 2358

2. Dr. Jagdish Rai
State TB Officer (STO)
26-F, Swasthya Bhawan,
Lucknow, Uttar Pradesh
INDIA
Fax: +91 522 262 3980

3. Ms. Mayawati
Chief Minister
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 522 223 0002 / 223 9234
E-mail: csup@up.nic.in

4. Secretary to the Government
Uttar Pradesh State Government
5th Floor – Lal Bahadur Sastri Bhavan
Lucknow, Uttar Pradesh
INDIA

5. Dr. S.J. Habayeb
World Health Organization (WHO) Representative to India
World Health Organization India Office
534, 'A' Wing, Nirman Bhawan, Maulana Azad Road
New Delhi – 110 011
Fax: +91 11 23062450

6. Stop TB Department
World Health Organization
20 avenue Appia
1211 Geneva 27
Switzerland
Fax: +41 22 791 31 11
Email: tuberculosis@who.int

Thank you.

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

3 August 2007

[RE: HA-006-2007: INDIA: Five-year-old Musahar boy may die from starvation in Raitara of Pindra village in Varanasi in the coming days; HA-007-2007: INDIA: Five-year-old Dalit girl facing imminent death from starvation in Raitara village of Varanasi in Uttar Pradesh; HA-008-2007: INDIA: Two-year-old girl facing imminent death from starvation in Raitara village of Varanasi in Uttar Pradesh]
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HU-002-2007: INDIA: District administration responds to Hunger Alerts in Uttar Pradesh

INDIA: Right to food; caste based discrimination; failure of the local administration; corruption
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner the People's Vigilance Committee on Human Rights [PVCHR], a human rights organisation based in Varanasi, Uttar Pradesh that the Varanasi district administration has responded to hunger alerts issued by the AHRC regarding cases from Raitara Musahar ghetto in Pindra village. Raitara is in Varanasi district of Uttar Pradesh. The AHRC in the past two weeks had issued three hunger alerts, reporting cases of acute starvation from Raitara.

UPDATED INFORMATION:

The AHRC on three previous occasions had issued hunger alerts reporting cases of acute starvation from Raitara Musahar ghetto in Pindra block of Varanasi district. The first case, issued on July 17, 2007 was concerning Mulayam Musahar, a boy aged five years. Mulayam is suffering from Grade III malnourishment. After reporting this case the AHRC had also reported two other cases in succession. The case of Maya Musahar, a five-year-old girl suffering from Grade IV malnutrition, was reported on July 23, 2007 and that of Rema Musahar, a two-year-old girl, also suffering from Grade IV malnutrition, was reported on July 31, 2007.

The state government, on receipt of the hunger alerts has responded to the call for immediate help by the residents in the Musahar ghetto of Raitara. It is reported that the state government has ordered the district administration to immediately intervene in the situation. It is reported that the Block Development Officer [BDO] from Pindra block had visited Raitara. This was the first visit by a government officer to Raitara Musahar ghetto.

It is reported that the BDO after his visit has formed a village level committee of three persons to monitor the situation in Raitara. The Lekpal [a revenue officer], the Village Secretary and the Assistant Development Officer from the Block Office are the members of this committee. It is also reported that this committee will inquire into the existing cases where a Red Ration Card has been issued to persons who were not qualified to receive subsidised ration through the Public Food Distribution System [PDS].

A Red Ration Card is issued to a person/family who is poor and below the poverty line entitling the person to receive food grains through the PDS shops at a highly subsidised rate. After a preliminary inquiry the committee has recommended to cancel 30 Red Ration Cards already issued. It is reported that some of those who lost their cards after the committee's inquiry were in fact affluent persons in the locality who had obtained their cards through fraud and making use of corrupt officers in the system.

The committee is also expected to look into issuing new cards to the residents of Raitara Musahar ghetto. It is expected that the committee will soon complete their work and within a few weeks the entire residents of Raitara Musahar ghetto will have appropriate ration cards to claim ration through the PDS shops.

After the hunger alerts were issued, a medical doctor from the nearby public heath centre also visited Raitara Musahar ghetto. The doctor examined all the children and also those who require medical attention in the ghetto. This is the first time a government doctor has visited Raitara Musahar ghetto.

In the mean while Mr. Santhosh, a local activist working with the PVCHR organised a public protest before the Block Development Office in Pindra calling for the government to immediately address the issue of acute starvation in Raitara Musahar ghetto. Santhosh has also filed an application under the Right to Information Act, 2005 with the government authorities asking for information on several counts including the action initiated against the officials who are responsible for issuing ration cards for non-eligible persons.

Additionally, the District Magistrate of Varanasi has also promised that all government welfare schemes will be implemented at Raitara Musahar ghetto within the end of the second week of August 2007.

The AHRC while appreciating the state government's initiative to address the problems in Raitara Musahar ghetto is equally apprehensive about the progress in implementing the government welfare schemes in Raitara. The AHRC and the PVCHR is concerned whether the food shortage of the Musahar families in Raitara would continue for several months before any concrete plan of action is implemented in the village. The AHRC and the PVCHR is also concerned whether the starving Musahar families will be immediately provided with enough food grains as an interim arrangement till the situation is completely contained.

The AHRC had also reported through its earlier hunger alerts that the village head of Raitara, Mr. Rajkumar Yadav, is responsible for keeping away the government schemes from being of any benefit to the Musahar families in Raitara. Even as of today there are several Musahars who are working as bonded labourers in brick kilns and farms owned by Mr. Rajkumar Yadav. The AHRC and PVCHR is also calling upon the district administration to intervene in this issue as well with the help of the local police.

The District Magistrate must ensure that all bonded labourers currently being forced to work by Rajkumar Yadav must be immediately released. Bonded labour being a crime, Rajkumar Yadav must be charged under the Bonded Labour System [Abolition] Act, 1976. The district administration must also ensure that caste based discrimination is no more entertained against the Musahar community in Raitara by the upper caste community, particularly the community led by the village head Mr. Rajkumar Yadav.

The administration must also ensure the safety of all human rights activists attached to the PVCHR working in Raitara Musahar ghetto. This is because that there is an apprehension that Rajkumar Yadav may target some of the human rights activists attached to the PVCHR for taking up the issue of the Musahar families in Raitara Musahar ghetto, who were thus far under the absolute control of the village head and starved and forced to work.

SUGGESTED ACTION:
Please write letters to the concerned authorities listed below and urge them to make sure that the initiative of the government to implement welfare programmes in Raitara Musahar ghetto are not stalled. Please write to the District Magistrate of Varanasi in particular so that the conduct of Mr. Rajkumar Yadav, the village head of Pindra is investigated and the bonded labourers are released immediately from his custody.

To support this appeal, please click here:

Sample letter:

Dear __________,

INDIA: Please make sure that there will be no more cases of starvation in Raitara Musahar ghetto of Pindra village in Varanasi

Name of the victims: The residents of Raitara Musahar ghetto in Pindra village, Varanasi district, Uttar Pradesh
Place of incident: Raitara Musahar ghetto, Pindra

I am writing to express my appreciation of the state government's initiative to address the acute food shortage in Raitara Musahar ghetto in Pindra village of Varanasi district. I am informed that the Asian Human Rights Commission (AHRC) and its local partner, the People's Vigilance Committee on Human Rights (PVCHR), had sent out three successive hunger alerts in the past two weeks reporting instances of acute food shortage from Raitara and that the response of the state government was in answer to these alerts.

I am informed that the Block Development Officer [BDO] from Pindra block who visited Raitara Musahar village in the past week has formed a three person committee to look into cases of misuse of authority in issuing Red Ration Cards to the people. I am also informed that after a preliminary inquiry the committee has recommended the cancellation of 30 Red Ration Cards issued in the name of non-eligible persons in Pindra. I am also informed that the District Magistrate of Varanasi has promised the residents of Raitara Musahar ghetto that all government welfare schemes will be implemented in the village within a few days.

However I am concerned about the pace of implementation of the government welfare schemes in Raitara. I am afraid that the situation of food shortage in the Musahar families of Raitara is so acute that in absence of an immediate interim measure there is a possibility for the children, particularly Mulayam Musahar, Maya Musahar and Rema Musahar facing malnutrition in the Raitara may not survive to benefit from the long-term intervention the government is planning in Raitara.

I am also equally concerned why no actions have not been initiated against the village head of Pindra village Mr. Rajkumar Yadav, who has been allegedly forcing Musahar community into bonded labour. I am informed that bonded labour practices are prohibited in law in India and also attract prosecution, since bonded labour is a crime. I therefore request you to also look into this aspect of working conditions of the Musahar community in Raitara Musahar ghetto.

I further request you to take immediate steps so that an inquiry is initiated into the conduct of those officials who were responsible for issuing 30 Red Ration Cards which are now recommended to be canceled by the committee constituted by the BDO. I also request you to ensure the safety of the human rights activists working for the PVCHR in Raitara so that they are not threatened by the village head Mr. Rajkumar Yadav.

I request you continued support for the Musahar families residing in Raitara Musahar ghetto and to ensure that the situation of acute food shortage in Raitara is addressed immediately.

Yours truly,


___________

PLEASE SEND YOUR LETTER TO:

1. District Magistrate
Varanasi, Uttar Pradesh
INDIA
Fax: 91 5422501450

2. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Tel: + 91 11 23074448
E-mail: chairnhrc@nic.in

3. National Commission for Scheduled Castes and Scheduled Tribes
Government of India
5th Floor, Loknayak Bhawan
Khan Market
New Delhi 110003
INDIA
Tel: + 91 11 2462 0435
Fax: + 91 11 2462 5378

4. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
c/o Mr. Carlos Villan Duran
Room 4-066, OHCHR, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010

5. Mr. Doudou Diene
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
C/o OHCHR-UNOG
1211 Geneva 10,
SWITZERLAND
Tel: + 41 22 917 93 88
Fax: + 41 22 917 9006

Thank you.

[Hunger Alert] GENERAL(India): Hundreds of families deprived of all benefits of the government welfare programmes in Asanahar village in Sonbadra dist

25 July 2007
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HG-001-2007: INDIA: Hundreds of families deprived of all benefits of the government welfare programmes in Asanahar village in Sonbadra district of Uttar Pradesh

INDIA: Caste based discrimination; failure of the local administration; corruption
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner the Grama Swaraj Samithi (GSS), a human rights organisation based in Dudhi, Sonbadra district of Uttar Pradesh that hundreds of families staying in and around Asanahar village of Pati panchayat of the district are deprived of all benefits from the government welfare programmes. It is reported that the village is cutoff from the rest of the district and that the villagers, predominantly of various the tribal communities have to walk at least 15 kilometers to reach the ration shop, post office or any other government offices. Cases of starvation and malnutrition are also reported widely from the village. It is alleged that this neglect is because of caste based discrimination meted out against remote tribal communities in the state.

CASE DETAILS:

Asanahar village of Pati panchayat is in Sonbadra district of Uttar Pradesh. The district though known as the 'power house' of north India lacks all basic facilities, including drinking water, electricity, telecommunication, post office or even a Public Food Distribution (PDS) shop. The district is often referred to as the 'power house' after the construction of two major power stations, the Rehand power station in the sixties and the Obra Thermal Power Station in the seventies. The construction of these two power stations within sixty kilometers of each other, literally converted the Renu River into a huge lake. As the water level increased, the villagers in several villages within the catchment area of the dams that houses the power stations had to seek higher lands to live.

One such village affected by the construction of these power stations is Asanahar village of Pati panchayat. The villagers though have got used to the conversion of their river to a lake, is in deteriorating state of extinction due to several causes, of the most important is the neglect by the state administration.

Asanahar is not easily accessible since it is remotely located. Though the river has been turned into a lake, there is no motorboat or any other facilities provided to the residents of the village by the state administration. This forces the villagers to walk for about 15 to 20 kilometers to reach the nearest public facility. The other option is to row a country boat for about three to four hours to the nearest village and then walk for another ten kilometers to reach the state highway.

This lack of inaccessibility coupled with complete neglect of the state administration has isolated the families living in these villages from the rest of the state and its services. In Asanahar village alone there are about 400 families. There is a Government Primary School in the village. However there are no regular classes. There are no teachers or any other instructors. There is however a 'Shikshamitru' [meaning teaching friend] posted in the school. Due to lack of supervision and responsibility, this person, an alcoholic remains drunk day and night and has continued neglecting his work ever since his appointment. He does not come to the school at all. There are about 500 school age children in the village who have no access to any kind of education facility in Asanahar. Primary education is a fundamental right in India. The total population of Asanahar is estimated to be about 1800.

According to the government scheme every village must have an Anganwadi, a childcare centre under government scheme, that provides basic care and facilities to children. Asanahar has none. Facilities like those provided by the public health department have never reached Asanahar ever. The nearest PDS shop is about 15 kilometers from the village. The villagers allege that the shop often remains closed and even when it is open the licensee sells them lesser quantity of food grains than what they are entitled for. There are some 200 families that have received ration cards which entitle them to claim ration though the PDS shop. The Block Development Office is about 45 kilometers away while the nearest post office is also some 20 kilometers away. To reach all these places the villagers have to walk.

While the children in the rest of the country received free immunisation for serious ailments like polio, the children at Asanahar were completely ignored. There are about 200 persons with a job-card that entitles them to claim job for a minimum of 100 days an year under the Jawahar Rozgar Yogna [a government scheme to provide employment in development programmes to ensure minimum employment and wages for the rural poor]. However, none of them have ever been employed by the state government for any programmes. In a similar fashion the death and birth of the villagers never get recorded by the government since the government does not care to do it.

In spite of all these remoteness, there are two set of government officials who regularly visit Asanahar. They are police constables and forest officers. They come to Asanahar to collect forced bribes. They force money out of the villagers threatening them that they would be charged for using forest produce like firewood if they failed to pay off.

While remaining cut off from the rest of the state, the residents of Asanahar also find that their source of drinking water is getting highly polluted. Industrial establishments like the Hindalco [produces aluminum], Canoria Chemicals [chemical factory] and the Carbon Black [a company by the Birla Group] flush all their industrial as well as domestic waste into the Renu River, which is now a lake. The extreme pollution, which is gradually increasing in alarming levels have polluted the water and the aquatic life is badly affected. The fish from the river turned lake was a stable source of food for the villagers, which has now decreased considerably.

Throughout the river one could see non-biodegradable debris ranging from empty plastic bottles to remains of large polymer packing cases allegedly discarded by the industrial units. It is also alleged that the housing apartments that sprung-up after the construction of the power stations and the factories also flush their domestic waste into the river which has increased the possibility of endangering the life of anyone who depend upon the untreated water from the river. The villagers also fear that if there is an outbreak of any infectious and serious disease due to the contamination of drinking water the villagers have no other option other than to wait for imminent death.

The AHRC in the recent past has reported about the alarming number of cases of Fluorosis [a clinical condition due to excess fluoride intake, damaging bones and bone joints] from these parts of Uttar Pradesh state. The cases of fluorosis were however reported from the neighboring villages comprised in Chopan, Dudhi and Myorpur blocks of Sonbadra district. For further information please see HA-001-2007.

On top of all these the villagers in Asanahar also face extreme poverty and resultant malnutrition. Though identified cases of starvation deaths are yet to be reported from Asanahar, it is very likely that in the near future villagers would die from starvation and malnourishment in Asanahar and neighboring villages. Malnutrition and poverty in Asanahar is the direct result of government neglect of this place.

As of now several villages in Pati panchayat faces similar situations. Unless immediately attended to, it is very likely that hundreds of families in Pati panchayat, particularly in Asanahar, will die due to starvation and hunger or from being infected with diseases that could have been prevented had the state administration cared about these people.

SUGGESTED ACTION:
Please write to the authorities mentioned below expressing your concern for the villagers in Asanahar and requesting the state government to intervene.

To support this appeal, please click here:

Sample letter:

Dear __________,

INDIA: Please take immediate action to save the lives of hundreds of families in Asanahar village of Sonbadra district in Uttar Pradesh

Victims: The residents of Pati panchayat, particularly of Asanahar village in Sonbadra district of Uttar Pradesh

I am writing to you to express my concern regarding the situation of the residents in Asanahar village of Pati panchayat of Sonbadra district of Uttar Pradesh. I am concerned to know that the villagers are isolated and cutoff from the rest of the state since decades and that the benefits of the government welfare programmes are yet to reach Asanahar village.

I am informed that the nearest Public Food Distribution Shop (PDS shop) and the Post Office from the village are about 15 kilometers away and that the Block Development Office is about 45 kilometers away from the village. I am also informed that the Government Primary School does not have any teacher and that about 500 children are deprived of minimum primary education, which is their fundamental right.

I am informed that Asanahar village alone has about 400 families and the total population is about 1800. I am also informed that the only source of drinking water and a source of food by way of fishing, the Renu River, is getting alarmingly polluted by the indiscriminate disposal of industrial and domestic waste. I am also informed that the Public Food Distribution Shop which is located 15 kilometers away does not open regularly and that the licensee cheats the villagers by not selling the villagers adequate food grains that they are entitled for. I am also informed that in Asanahar alone there are about 200 persons holding a job card, but never received any employment by the state.

I therefore urge you to immediately intervene in this case and take appropriate steps so that:

1. the Government Primary School in Asanahar functions properly and adequate numbers of teachers are appointed in the school;

2. a post office and a PDS shop is opened in the village so that the villagers have easy access to the facilities of these government services;

3. the indiscriminate pollution to the Renu River is studied and checked to ensure that the river is no more polluted and steps initiated to reduce the effect of the past pollution, and;

4. the officials of the state government health services regularly visit Asanahar and neighboring villages so that all necessary and primary health care of the villagers are met.

Yours sincerely,

----------------------

PLEASE SEND YOUR LETTER TO:

1. Dr. Anbumani Ramadoss
Minister of Health & Family Welfare
Government of India
Nirman Bhavan,
New Delhi 110 011
INDIA
Tel: +91 11 2306 1647, 2306 1751, 2306 1661
E-mail: hfm@alpha.nic.in

2. Ms. Mayawati
Chief Minister
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 522 - 2230002/2239234
Email: mayawati@sansad.nic.in

3. National Commission for Scheduled Castes and Scheduled Tribes
Government of India
5th Floor, Loknayak Bhawan
Khan Market
New Delhi 110003
INDIA
Fax: + 91 11 2462 5378

4. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
Room 4-066, OHCHR, Palais Wilson
Rue des Paquis 52, Geneva
SWITZERLAND
Fax: +41 22 9179010

5. Dr. S.J. Habayeb
WHO Representative
Office of the WHO Representative to India
Rooms 533-535, 'A' Wing
Nirman Bhawan, Maulana Azad Road
New Delhi, 110011
INDIA
FAX: +91 11 2301 2450
E-mail: wrindia@whoindia.org

Thank you.

INDIA: Medical doctor from Dalit community abused at the clinic and the local police refusing to take action

6 June 2007
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UA-180-2007: INDIA: Medical doctor from Dalit community abused at the clinic and the local police refusing to take action

INDIA: Insult based on caste based discrimination; police inaction; deep-rooted and continuing caste based prejudices
---------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner the People's Vigilance Committee on Human Rights (PVCHR) in Uttar Pradesh regarding an incident where a Dalit medical doctor was insulted in front of her patients. It is alleged that the doctor was insulted when she refused to prescribe medicines as demanded by the patient. It is also alleged that the insult upon the doctor was based on caste prejudices. The doctor had complained to the local police about the incident, but the police have refused to take any action upon the incident.

CASE DETAIL:

Dr. Usha Kiran, is from a scheduled caste family. Dr. Usha is currently working as the Senior Medical Officer at the Varanasi Division of the North Railway. According to the information received, on May 5, 2007 at about 11.45am when Dr. Usha was busy with her consultation in the clinic Mr. J. P. Dubey, an employee of North Railway stationed in Varanasi came to the railway clinic and entered the consultation room. Dubey did not care to wait for the other patients who had arrived at the clinic earlier than him to finish their consultation. After entering the room Dubey demanded that Dr. Usha must examine him immediately.

Dr. Usha told Dubey to go outside and wait and also to collect a registration slip from the counter. The registration slip provided at the counter is given to the patients on a payment of two rupees. This is also used as a prescription slip by the doctor. The clinic is managed by the Northern Railway for the staff and also for outsiders who wish to consult the doctor. However, Dubey did not go out from the room and started raising his voice asking the doctor to examine him. Dr. Usha examined Dubey and prescribed him some medicines. The medicine was supplied outside the consultation room at the pharmacy.

Dubey went out from the consultation room, got his medicines from the pharmacy and returned to the consultation room demanding prescription for more medicine. This time Dr. Usha refused to agree with Dubey and informed him that she can not prescribe medicines according to Dubey’s demands. Dr. Usha informed Dubey that there are several other patients waiting outside who had to be attended immediately and who had also arrived at the clinic earlier. Dr. Usha asked Dubey to go out from the room and to wait if he had anything further to inform her.

Dubey at this point became very angry and started to insult Dr. Usha using filthy language and indecent gestures. Dubey also shouted at Dr. Usha saying that since Dr. Usha is from a Dalit community she had an obligation to treat Dubey giving him the priority of being from an upper caste. Dubey soon became violent and Dr. Usha suspected that he would assault her, called for help. Mr. Vishwanath, an employee at the clinic and Mr. Awdesh Ram, the Section Engineer came inside and had to remove Dubey from the consultation room. Dr. Usha on the same day filed a written complaint at the Sigra Police Station asking the local police to take action against Dubey. However the police have taken no action so far against Dubey.

BACKGROUND INFORMATION:

Insult, physical or verbal, with an intention to intimidate a member of the Scheduled Caste or Scheduled Tribe is an offense according to a special law, the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 of India. This law mandates that if there is a complaint by any member of the Scheduled Caste or the Scheduled Tribe revealing an offense punishable under this law, the complaint must be registered and investigated by an officer not below the rank of the Deputy Superintendent of Police. The law also requires that the trial of cases registered under this law must be conducted in special courts constituted for that purpose. However, in India, very often the complaints to the police are not investigated by the police and they fail to investigate cases unless they are bribed or due to external pressure. This attitude worsens when it comes to investigation of cases of atrocities committed against the members of the lower caste.

The situation of the members of the lower caste has not changed much in India. Forced social isolation is the most commonly used tactic by the upper caste against the dalits. Caste prejudices dominate the social realm and is reflected in every aspect of societal interactions. People often refer to surnames indicating their ‘caste rank’. Even if a person is superior to another in office hierarchy, if the caste of the superior is ‘inferior’ to the subordinate, then the chances of the subordinates treating the superior officer with respect or with equal status is much less. This factor is evident from the above case.

Dr. Usha and Dubey are employed by the Northern Railway. However Dr. Usha is a senior medical officer whereas Dubey is a low-ranking staff. The arrogance and impatience of an upper caste Hindu, Dubey, required to wait for a dalit, that too a woman to examine him is reflected in his comment '…I will see to it that you are punished in a way a person from your caste deserve to be punished…'. This attitude of higher and lower social status, determined by the caste, is what that prompted Dr. B. R. Ambedkar, the father of the Indian Constitution to resign from his first job as the Military Secretary to the then Baroda State.

At the core, the attitude towards the lower caste by the members of the upper caste has not changed in India. This is precisely why caste discrimination is till flourishing in India. In addition to the deep-rooted belief of origin, birth and rebirth of caste Hindus a criminal justice system that has failed to function as expected has also contributed to the continuation of caste based discrimination in India. For further details please see INDIA: Failed justice mechanisms ensure most Indians do not benefit from economic development.

SUGGESTED ACTION:
Please send a letters to the relevant authorities listed below calling for an immediate investigation into this case.

To support this appeal, please click here:

---------------------------------------

Sample letter:

Dear _________,

INDIA: Medical doctor from Dalit community abused at the clinic and the local police refusing to take action

Name of the victim:
Dr. Usha Kiran, Senior Medical Officer, Varanasi Division of North Railway, currently working at North Railway Health Centre, Varanasi, Uttar Pradesh
Alleged perpetrators:
1. Mr. J. P. Dubey, (Loco), North Railway, Varanasi district, Uttar Pradesh state
2. Officer-in-Charge, Sigra Police Station of Varanasi, Uttar Pradesh state
Date and place of Incident: May 5, 2007 in Varanasi

I am writing to express my concern regarding an incident of intentional insult of a medical doctor from the dalit community by an upper caste Hindu in Varanasi. I am also concerned about the lack of police action in this case in spite of the doctor complaining to the local police – the Sigur Police Station.

I am informed that the doctor in this case, Dr. Usha Kiran, the Senior Medical Officer stationed at Varanasi working with the Northern Railway was insulted and threatened by Mr. J. P. Dubey, a subordinate staff also working with the Northern Railway. The incident happened on 5 May 2007 at the Northern Railway Medical Clinic in Varanasi while Dr. Usha was examining her patients. Dubey, allegedly barged into the consolation room demanding medicines without caring to wait for his turn.

It is alleged that Dr. Usha prescribed medicines for Dubey at the first instance after the consultation. Dubey who allegedly collected his medicines from the pharmacy returned to the consultation room insisting the doctor to prescribe more medicines which the doctor declined. It is alleged that at this juncture Dubey became angry with the doctor and abused her, verbally, indicating that since she is from a dalit community she must be punished for her disrespectful attitude towards the member of an upper caste, in the manner fitting her lower caste status.

I am surprised to know that even though the doctor lodged a written complaint at the Sigur Police Station on the same day even after a month the police have not registered a case against Dubey or investigated the case. I am informed that the incident described above is an offense under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. I am also informed that the local police in general is hesitant to investigate crimes and refuse to investigate cases coming under the purview of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 in particular.

I am concerned about the continuing disregard of the local administration, particularly the police, to investigate cases of atrocities committed against the members of the lower caste. I therefore urge you to take immediate action in this case so that the Sigur police is instructed to take appropriate actions in this case and also to make sure that if Dubey is found guilty of the offense be punished in accordance to the law. I also urge you to initiate a separate inquiry to find out why the Sigur police refused to initiate an inquiry in this case thus far and to take actions against the police officers at the Sigur Police Station who failed to take any action upon the complaint.


Yours sincerely,

----------------------

PLEASE SEND YOUR LETTERS TO:

1. Ms. Mayavati
Chief Minister, Chief Minister's Secretariat, Lucknow
Uttar Pradesh
INDIA
Fax: + 91-522-2230002/2239234
Email: csup@up.nic.in

2. Ms. Veena
District Magistrate
Varanasi, Uttar Pradesh
INDIA
Fax: 91 5422501450

3. Justice A.P. Mishra
Chairperson
Uttar Pradesh Human Rights Commission
6-A Kalidass Marg, Lucknow
Uttar Pradesh
INDIA
Fax: + 91 52 2272 6743
Email: uphrc@sancharnet.net

4. The Director General of Police
Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Fax :+91 52 2220 6120, 2220 6174
E-mail : police@up.nic.in

5. Chairperson
National Commission for Scheduled Castes and Scheduled Tribes
Government of India
5th Floor, Loknayak Bhawan
Khan Market
New Delhi 110003
INDIA
Fax: + 91 11 2462 5378
Email: chairman-ncsc@nic.in


Thank you.