INDIA: Three persons from the scheduled caste forced to work as bonded labourers in Varanasi, Uttar Pradesh

21 May 2007
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UA-166-2007: INDIA: Three persons from the scheduled caste forced to work as bonded labourers in Varanasi, Uttar Pradesh

INDIA: Bonded labour; corrupt policing and government neglect
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner, the Peoples' Vigilance Committee on Human Rights (PVCHR), regarding the bonded labour of three persons from the Musahar community in Asbaranpur village of Varanasi district. Musahar is a scheduled caste and considered untouchable by the caste Hindus. It is alleged that on 4 May 2007, the victims were abducted by Mr. Nandu Yadav and were forced to work as bonded labourers in his brick kiln. They were freed after the intervention of the PVCHR on 20 May 2007. The same persons were freed four years ago by a similar intervention. This was after the intervention of Dr. Lenin Raghuvanshi, a member of the Varanasi District Vigilance Committee Against Bonded Labour and the National Human Rights Commission of India. However, no action was taken against Mr. Yadav till now.

CASE DETAILS:
Mr. Ashok Mushar, Mr. Vikrama Mushar and Mr. Munnilal Mushar are the residents of Nindanpur village in Varanasi district, Uttar Pradesh. Musahar community is one of the most marginalised communities in Uttar Pradesh. This community is socially ostracised and economically exploited by caste Hindus for centuries. It is unfortunate that the constitutional mandates against the practice of untouchability [Article 17] and bonded labour [Article 23] have little effect in reality.

According to the information received, on 4 May, 2007 the owner of brick kiln Mr. Nandu Yadav accompanied by his armed men came to the Musahar basti [cluster of houses where the Musahars stay] in Nindanpur village and verbally abused the Musahars and forcibly took Mr. Ashok Mushar, Mr. Vikrama Mushar and Mr. Munnilal Mushar away in his vehicle.

It is alleged that all the three victims had been forced to work as bonded laborers at Yadav's kiln four years ago. It is also alleged that the victims had to face frequent physical and verbal abuse from Yadav and his men every day. They were treated worse than slaves. It is alleged that the victims were freed after the intervention by the convener of the PVCHR, Dr. Lenin Raghuvanshi. Yadav who remained low for the past four years returned to the village on 4 May 2007 to claim his labourers and have abducted the freed men to his kiln. However when the PVCHR came to know about the incident they intervened and the three were released.

Bonded labour is a crime in India. Any person forcing anyone into in bonded labour must be charged with a crime and put to trial. However, this requires police action initiated by the district administration. Even though a complaint was filed with the local police and the district administration against Mr. Yadav, no action has been taken against Yadav so far. It is alleged that since Yadav is an influential person the police is refusing to take any action in this case.

ADDITIONAL COMMENT
In Varanasi district and other parts of Uttar Pradesh people from the socially and economically marginalised communities are still exploited for forced labour. People from these communities are treated inhumanly; physically abused and are paid nothing by their employers.

The domestic law against bonded labour – the Bonded Labour System (Abolition) Act, 1976 provides for punishment for compelling a person to engage in bonded labour. In addition to prescribing punishment for forcing persons into bonded labour, the Act by a declaration freed everyone from bonded labour and prohibits contractual agreements facilitating bonded labour and continuation or extension of any pre-enactment agreement of similar nature. The Act also writes off all pre-enactment debts and liabilities that had resulted in forced labour.

As of today, the practice of bonded labour still continues in several parts of India, particularly in northern India and in southern states except Kerala. Though the law has come into force since 1976, like much other domestic legislation - The Dowry Prevention Act, 1961 and The Scheduled Caste and Scheduled Tribes [Prevention of Atrocities] Act, 1989 - the implementation of these laws have mostly failed in India.

This is because domestic legislations depend heavily of the local police to initiate actions against the perpetrator of a crime. It is for the local police to register a case, investigate it and submit it to the court for prosecution. However, in most cases where the victims are from the marginalised or socially ostracised communities the local police take no action. This is mostly because the widespread prevalence of corruption within the police and the complete lack of accountability on police inaction.

As of today policing in India suffer from corruption, nepotism, insensitivity, incapability to investigate crimes and political influence. Thus far the government has initiated no actions to address these issues, but has resisted all moves to retain policing under the clout of local politicians. The police on the other hand play into this caucus, allowing the rich and powerful to exploit them so that the officers and the establishment as a whole could benefit from the illegal proceeds of such an arrangement. For further information regarding these issues please see http://material.ahrchk.net/hrreport/2006/India2006.pdf

SUGGESTED ACTION:
Please send a letter to the relevant authorities, to the District Magistrate Varanasi in particular, and others listed below, urging them to take immediate action to arrest the alleged perpetrators and provide protection to the victims.

To support this appeal, please click here:

Sample letter:

To
Ms. Veena
District Magistrate
Varanasi, Uttar Pradesh
INDIA
Fax: 91 5422501450
Email: dmvns@satyam.net.in

Dear Madam

INDIA: Three persons from the scheduled caste forced to work as bonded labourers in Varanasi, Uttar Pradesh

Name of victims:
1. Mr. Munnilal Mushar aged about 35 year, a resident of Nindanpur village, Badagaon police station, Varanasi district, Uttar Pradesh
2. Mr. Ashok Mushar aged about 28 year son of Lalchand Mushar , a resident of Nindanpur village Badagaon police station, Varanasi district, Uttar Pradesh
3. Mr. Vikrama Mushar aged about 34 year son of Sukkhu Mushar, a resident of Nindanpur village, Badagaon police station, Varanasi district, Uttar Pradesh
Alleged perpetrator:
Mr. Nandu Yadav, resident of Badagaon village, Badagaon police station, Varanasi district, Uttar Pradesh
Date of Incident: 4 May 2007
Place of Incident: Nindanpur Village, Baragaon police station, Varanasi district, Uttar Pradesh

I am writing to voice my concern regarding the case of bonded labour reported from Nindanpur village in Varanasi district, Uttar Pradesh. I am informed that the above named victims were forced to work as bonded labourers in the brick kiln of the Mr. Nandu Yadav.

According to the information I have received, on 4 May Mr. Nandu Yadav, the owner of brick kiln situated at the Asbaranpur village, accompanied by his armed men came to the Musahar basti of Nindanpur village and forcibly took the three men named above in his vehicle. It is alleged that they were forced to work as bonded labourers for Mr. Yadav till 20 May 2007, the day on which they were freed.

I am also informed that all these three victims had been forced to work as bonded laborers at Yadav's brick kiln 4 years ago. I am informed that the victims were freed from Yadav’s custody, but no case was registered against Yadav at that time. It appears that Yadav has a considerable influence with the local police and that is the reason why he dared to retrun to the village after four years to reclaim his labourers. I am also informed that the local police have not registered a case against yadav even as of toady, though a complaint regarding the 4 May abduction was lodged at your office as well as the office of the Senior Superintendent of Police, Varanasi.

I urge you to take immediate steps to put an end to slave-like practices and bonded labour in all industrial establishments within your jurisdiction. I also urge you to inquire into this case and to take actions against Mr. Yadav and the erring police officers immediately. I also urge you to ensure proper protection to the victims and their families.

Yours sincerely,

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PLEASE ALSO SEND A COPY OF YOUR LETTER 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. Justice A.P. Mishra
Chairperson, The Uttar Pradesh Human Rights Commission
6-A Kalidass Marg, Lucknow,
Uttar Pradesh
INDIA
Fax: + 91 52 2272 6743
Email: uphrc@sancharnet.net

3. The 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

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

Thank you.