INDIA: Corrupt police conniving with feudal landlords and utter neglect by the government facilitates extreme exploitation of tribal community in Utta

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

25 January 2006
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UA-035-2006: INDIA: Corrupt police conniving with feudal landlords and utter neglect by the government facilitates extreme exploitation of tribal community in Uttar Pradesh, India

INDIA: Complete collapse of rule of law; Police criminal nexus; Feudal practices; Caste discrimination
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the People's Vigilance Committee for Human Rights (PVCHR), a local human rights group working in Uttar Pradesh, India stating that corrupt officers, particularly those from the local police, are conniving with the feudal landlords thereby facilitating extreme exploitation of the tribal community in Damahi village of Rajgarh administrative block of Mirzapur district in Uttar Pradesh, India.

The AHRC is informed that a fact-finding team within the PVCHR, which visited the village on 1 November 2005, was presented with shocking cases of gross neglect by government agencies and absolute exploitation of the situation by feudal landlords who connive with the local police. The members of the tribal community, also known as the Musahar, face the brunt of the cruelty meted out against them.

Owing to the lack of support from government bodies and existing laws, predominantly forest laws, which prevent the Musahar from leading their traditional way of life, this community is now facing acute hardship, including financial crisis. This situation is exploited by the feudal landlords who lend petty sums to the Musahar and in return make them work in paddy fields and quarries in slave like conditions for salaries far below minimum wage.

The Musahars are often assaulted by their landlords and their women regularly abused. Those who dare to complain to the local police are either further tortured by the police or are handed over to their landlords to be punished in accordance with feudal law, which is illegal. Some members have even died of acute starvation. Even though according to the Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act atrocities committed against the tribal community are a serious offence, no case has been registered under this law to date.

The AHRC in the past has issued several appeals calling upon the international community and the local government in particular to intervene in these cases, particularly in cases from north India where caste discrimination is acute and exploitation remains unchallenged. For further details please see UA-032-2006, UA-218-2005, HA-23-2005, UA-145-2005 , UP-100-2005 and UA-019-2006.

The AHRC is deeply concerned about the recurrence of these cases and calls for your urgent intervention in this matter. The incidents must be investigated into and the perpetrators charged. The police officers who are responsible for denying the victims to register their case must be immediately removed from their respective posts. Their conduct should be inquired into and charges should be laid for dereliction of duty. Those officers who were engaged in torturing the victims must be immediately suspended from service and cases must be registered against them under the relevant provisions of the Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act.

Urgent Appeals Programme
Asian Human Rights Commission

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DETAILED INFORMATION:

Name and address of the victims:
1. Mr Ramachander, 18, son of Rajnarayan
2. Ms Amravati, 12
3. Ms Krishnavati Kol
4. Ms Ramdulari
5. Mr Ramshakal Musahar
6. Ms Kevali, 55
7. Mr Vishnu, son of Kevali
8. Mr Phunnu, son of Sarju
And other Musahar members from Damahi village, Rajgarh administrative block of Mirzapur district in Uttar Pradesh, India
Alleged Perpetrators:
1. Mr Rakesh Patel, quarry owner, Shakteshgarh, Mirzapur district, Uttar Pradesh
2. Mr Rampos, quarry owner, Bairampur, Mirzapur district, Uttar Pradesh
3. Mr Lallan Patel, Damahi village, Mirzapur district, Uttar Pradesh
4. Mr Krishna Kumar, Damahi village, Mirzapur district, Uttar Pradesh
5. Mr Rakesh Chauhan, Damahi village, Mirzapur district, Uttar Pradesh
6. Mr. Arun Kumar, Superintendent of Police, Mirzapur, Uttar Pradesh, Fax: 91 5442 256655 and Tel: 91 5442 252 578
Place of incident: Damahi village, Rajgarh block, Mirzapur district, Uttar Pradesh, India

Case details:

Members from PVCHR visited Damahi village of Rajgarh administrative block of Mirzapur district in Uttar Pradesh, India where they met Mr Ramachander, Ms Amravati, Ms Krishnavati Kol, Ms Ramdulari, Mr Ramshakal Musahar, Ms Kevali, Mr Vishnu, and Mr Phunnu. Each person had a horrifying story of exploitation, neglect and torture to narrate. All of them belong to the Musahar community, who are predominantly forest dwellers and their way of life is much dependent upon the forest, including for food and medicine.

Mr Ramachander belongs to a family of five. They collect firewood from the local forest and sell it at the nearby market, which earns them 40 – 50 rupees (approximately USD 1) on alternate days. However, since they have been prevented from entering the forest, owing to the strict implementation of forest laws, they find it increasingly difficult to collect firewood and to find food.

Ramachander stated that the upper caste Hindus in the locality, who own vast agricultural lands and quarries, employ them but take advantage of their situation. Ramachander works for a quarry run by Mr Rakesh Patel. Ramachander alleges that he is paid only 10 rupees per day (42 rupee is USD 1). Finding it difficult to meet the expenses of the treatment of his handicapped brother and ailing mother, Ramachander had to borrow 10,000 rupees (USD 238) from Patel. However, Ramachander’s mother died on her way to the hospital and as of today Ramachander is trying hard to pay back the money borrowed from his employer.

Patel collects 5 rupees from Ramchader’s daily pay as penal interest for the sum borrowed. This has reduced Ramchander’s daily pay to 5 rupee. Ramchander alleges that if he fails to turn up for work, due to any reason, Patel or his men will beat him up the next day when he reports for work. Ramachander was, however, bold enough to complain to the police against this abuse. However, the police refused to accept his complaint and threatened him that if he ever dared complain against Patel again they will beat him themselves. Ramachander was then beaten by Patel and his men for attempting to make the complaint with the police.

Ramachander alleges that the local police connive with the upper caste landowners like Patel and the police only serve them and not the people who are in real need of police help.

Ms Amaravati and Ms Krishnavati Kol allege that if they ever dare to complain or protest about the low wages they are earning they are immediately accused of being supporters of prohibited Naxalite groups. They are threatened that if this were to happen, the local police would arrest them and keep them in custody for days without even registering a case against them. They are also told that while in custody they would be kept in cells along with other male detainees and that the police would beat them up and use foul language against them. They would then, it is threatened, be only freed after an indefinite period of custody and then handed over to the landlords who would force them to work in captivity without pay or food.

Ms Ramdulari belongs to the Chamar community. Ramdulari alleges that her agricultural land was in the name of her mother. However, Ramdulari was evicted from her land by Mr Lallan Patel who destroyed the standing cultivation of Parval (a local vegetable) causing Ramdulari a 10,000 rupee loss. Ramdulari alleges that she complained to the local police about the land grabbing and the destruction of the cultivation against which the local police did not take any action and chased her away from the station saying that the Chamars and other lower caste have no right to complain at police stations.

Mr Ramshakal Mushar alleges that he works for the quarry run by Mr Krishna Kumar from whom Ramshakal has borrowed a sum of 8,000 rupees. Ramshakal alleges that he is paid 10 rupees a day from which Kumar deducts five rupees daily as penal interest. Ramshkal alleges that if he were to complain about this to anyone Kumar would immediately know about this and would beat him.

The AHRC is informed that Ms Kevali died in mid November 2005 from acute starvation. It is also alleged that Kevali’s daughter-in-laws, Heerawati and Munga also died from starvation. It is alleged that Munga died since she did not have food for four continuous days. It is alleged the public distribution system is not functioning in the area.

Mr Vishnu works for Mr Rakesh Chauhan in similar conditions where Vishnu is paid 20 to 30 rupees per day.

Mr Phunnu’s father Sarju also died of starvation on 8 October 2005. Phunnu alleges that he was not able to feed his father for about five days prior to his father’s death. Phunnu works at the stone quarry owned by Rampos who pays him 20 rupees per day. Phunnu alleges that if he ever dared to complain about the slave like working conditions he will lose his job and also will be beaten by the police and his employer Rampos.

The individual cases mentioned above depict not just the plight of a few ill-fated persons in a remote village in north India, but the reality of a large section of people, particularly those from the lower caste.

The AHRC is informed that though the Uttar Pradesh State Government vide its Order dated 22 December 2004 has sanctioned a contingency fund to support these people who are in dire need, the fund is misused by the officers at the district administration. The local police who are responsible to verify the proper distribution of rationed food articles through ration shops connive with the ration shop dealers and permit them to sell the rationed articles on the black market to hotels. Apart from black marketing, the sale of rationed goods to anyone other than to the beneficiary is an offence under the Essential Commodities Act, 1955. While it is the police’s responsibility to charge any offenders of this act, they have instead chosen to turn a blind eye to this and have in fact assaulted any person who dares speak out.

The AHRC is also informed that other domestic legislations like the Minimum wages Act, which provides for a minimum wage to be paid to labourers, and the Bonded Labour (Prohibition) Act, which prohibits bonded labour in the country, have no meaning in the state since the district administration, particularly the local police do not care to implement the law and are conniving with those who exploit the tribal community. The situation as of today is a direct result of the complete collapse of rule of law in the state.

The AHRC in the past has raised its concern through specific cases about reported instances of extreme exploitation of the poor, particularly the lower caste in India. However, the state administration has failed even to acknowledge the letters the AHRC has written expressing concern on this matter. The situation of the lower caste deserves particular attention given the prevalence of caste discrimination in India and the complete collapse of rule of law. For further details please see UA-032-2006, UA-218-2005, HA-23-2005, UA-145-2005 , UP-100-2005 and UA-019-2006.


SUGGESTED ACTION:
Please write to the relevant authorities seeking their urgent intervention in ensuring a proper investigation into the cases mentioned above.

Sample letter:

Dear _____________,

INDIA: Corrupt police conniving with feudal landlords and utter neglect by the government facilitates extreme exploitation of tribal community in Uttar Pradesh, India

Name and address of the victims:
1. Mr Ramachander, 18, son of Rajnarayan
2. Ms Amravati, 12
3. Ms Krishnavati Kol
4. Ms Ramdulari
5. Mr Ramshakal Musahar
6. Ms Kevali, 55
7. Mr Vishnu, son of Kevali
8. Mr Phunnu, son of Sarju
And other Musahar members from Damahi village, Rajgarh administrative block of Mirzapur district in Uttar Pradesh, India
Alleged Perpetrators:
1. Mr Rakesh Patel, quarry owner, Shakteshgarh, Mirzapur district, Uttar Pradesh
2. Mr Rampos, quarry owner, Bairampur, Mirzapur district, Uttar Pradesh
3. Mr Lallan Patel, Damahi village, Mirzapur district, Uttar Pradesh
4. Mr Krishna Kumar, Damahi village, Mirzapur district, Uttar Pradesh
5. Mr Rakesh Chauhan, Damahi village, Mirzapur district, Uttar Pradesh
6. Mr. Arun Kumar, Superintendent of Police, Mirzapur, Uttar Pradesh, Fax: 91 5442 256655 and Tel: 91 5442 252 578
Place of incident: Damahi village, Rajgarh block, Mirzapur district, Uttar Pradesh, India

I am deeply disturbed to hear of the repeated occurrences of violence and extreme exploitation perpetuated against the lower caste communities in Uttar Pradesh, India. I have been informed that the members of the lower caste, particularly those from the Musahar and the Chamar are exploited by upper caste landowners and businessmen, who force them into slave-like working conditions. Where the lower caste persons have dared complain of this situation, they have been assaulted by the upper caste, and in some cases the police who, it would appear, were given consensus to do so by high ranking police officers.

I am deeply concerned about the frequency in which cases of such nature are being reported from India, and Uttar Pradesh in particular. I am equally concerned about the failure of the local police to register cases at the request of the victims. I am shocked to know that the police, apart from refusing to take any action, are also forcing the victims to withdraw their complaints by referring the complaints to those against whom the complaints were made - the feudal landlords.

I therefore call upon you to take immediate action in this regard, to order an independent enquiry into the state of local policing which entertains jurisdiction over Damahi village and to register cases against the perpetrators under the provision of the Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act. Action should also be taken under the Bonded Labour (prevention) Act and the Minimum Wages Act against those who refuse to pay the minimum wage to their employees. I also urge you to conduct an independent enquiry into the actions of the local police, particularly in refusing to take any action on the complaint of the victims, and into the conduct of the upper caste, particularly in relation to assault.

Yours sincerely,

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PLEASE SEND LETTERS TO:

1. Mr. Mani Shankar Aiyar
Minister of Panchayathi Raj
Sastri Bhawan
New Delhi
INDIA
Tel: + 91 11 23381462
Fax: + 91 11 23386118
E.mail: manishankar@sansad.nin.in

2. The Sub Divisional Magistrate
Chunnar, Mirzapur District
Uttar Pradesh
INDIA
Tel: +91 54 4222 2413

3. Mr Umesh Kumar Mittal
District Magistrate
Mirzapur District
Uttar Pradesh
INDIA
Tel: +91 54 4225 2480, 7400
Fax: +91 54 4225 2552
Email: mir@up.nic.in

4. Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh
Chief Minister's Secretariat
Lucknow
Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234

5. Justice A.P. Mishra
Chairperson
Uttar Pradesh Human Rights Commission
6-A Kalidass Marg
Lucknow,
Uttar Pradesh
INDIA
Tel: + 91 52 2272 6742
Fax: + 91 52 2272 6743

6. Shri Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Tel: + 91 11 23074448
Fax: +91 11 2334 0016
E-mail: chairnhrc@nic.in

7. The 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

8. Mr. Doudou Diene
Special Rapporteur on contemporary forms of racism and racial discrimination
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9271
Fax: +41 22 917 9050

Thank you.