PRESS RELEASE-#India- Don’t allow Govt to ram through land acquisition bill


 

CAMPAIGN FOR SURVIVAL AND DIGNITY

Contact: Q-1 Hauz Khas Enclave, New Delhi. Ph: 9873657844, forestcampaign@gmail.com

 

25.02.2013

To:

Smt. Meira Kumar

Hon’ble Speaker of the Lok Sabha

Lok Sabha, New Delhi

Sub: The Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Bill – request that the same may be sent to a Standing Committee as it has been extensively modified after being tabled in Parliament, depriving the public and in particular affected communities of any possibility of comment

Dear Madam,

We are a national platform of adivasi and forest dwellers’ organisations from ten States. We write to bring to your notice that the government is seeking to ensure the swift passage of the Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Bill and we understand that it may attempt to do so in the next day or two. In this context we wish to draw the following to your attention:

  • The government reportedly intends to move more than 150 amendments to the original Bill.
  • As per the amendments tabled in Parliament in December, these include many areas which were never addressed by either the Standing Committee’s report or the original Bill.
  • In particular, we are dismayed to find that the amendments contain several provisions that adversely affect the rights of Scheduled Tribes and forest dwellers, and in particular permit the destruction of community forests on the payment of arbitrary cash compensation as well as undermining the powers of local bodies under the Forest Rights Act and the PESA Act. Many of these provisions were not in the original Bill and were certainly not recommended by the Standing Committee. Further, they also violate international law.

In light of the fact that the tribals and forest dwellers of this country have been the worst-hit victims of decades of illegal, brutal and inhuman displacement at the hands of the statebasic respect for their democratic rights demands that this Bill be referred to a parliamentary committee for a full review. The government cannot be permitted to use its majority to simply ram through legislations while making a mockery of parliamentary procedures and public consultation. This would be a tremendous disservice to the people of this country and in particular an injustice to those who have already suffered as a result of the callousness of the state.

We trust you will not permit this government to bypass democracy in order to perpetrate one more historical injustice against the tribals and forest dwellers of this country.

Sincerely,

(On behalf of the Convening Collective)

 

__._,_.___

#India- Dalit activist shot dead #humanrights


Feb 13, IE

Dalit rights activist and Bahujan Samaj Party member Chandrakant Jaywant Gaikwad (30) was shot dead by assailants in front of a dhaba in Jamb village of Indapur taluka in Pune district on Tuesday morning.

A case was registered against Satpal Mahadev Rupnavar (22) of Jamb, a “notorious” goon and historysheeter, his aide Santosh alias Lubya Chandalkar and three others at the Walchandnagar police station on the complaint of Dada Shivaji Jadhav (32) of Jamb. Jadhav was with Gaikwad when the latter was shot.

Police suspect the assailants wanted to eliminate Jadhav, with whom Rupnavar had a dispute, but he managed to flee.

Inspector Dashrath Patil said Gaikwad, a resident of Jamb, had come to Mahalaxmi dhaba to meet Jadhav. Around 10 am, the assailants reached there in a jeep and an argument ensued between Jadhav and Rupnavar. As Jadhav managed to escape, Rupnavar allegedly fired at Gaikwad from his revolver and fled.

The incident has created panic in several parts of Indapur. Nearly 300 policemen have been deployed in Jamb to maintain law and order. Senior police officers, including DySP Manoj Lohiya, visited the crime scene. A hunt is on to nab Rupnavar and his aides.

Meanwhile, Dalit activists held agitation and burnt tyres to protest the murder. Gaikwad was known to be an office-bearer of the Rashtriya Dalit Nyay Hakka Samiti, Indapur Taluka.

 

#India- Access to dignity barred for Dalits


Jyotsna Siddharth

Denial of drinking water and toilet facilities in rural areas directly results in increased atrocities against Dalit women

In September last year, 14-year-old Meena (name changed) from the Sansi Dalit caste, was abducted and gang raped by four Rajput men when she stepped outside her house to perform morning ablutions. They later dumped her outside her house before registering an FIR against her name for committing theft in their house. The charges were condemned by the Sansi community and the girl sent to her relative’s place after the medical report confirmed rape.

The incident where this took place, Kalayat in Haryana’s Kaithal district is dominated by the Rajputs with Dalits, particularly Sansis constituting 25 per cent of the village population. Denial of basic facilities such as drinking water or absence of toilets here like several other villages requires minor girls like Meena to walk long distances every day. Dalit women also succumb to atrocities by upper caste communities as most of times the source of drinking water is located in the upper caste fields.

This issue explains the underlying inter-linkages between caste dynamics, lack of basic amenities and the patriarchal character of society. Drinking water and sanitation are the most critical issues that impact women’s lives corresponding to healthcare facilities, education, shelter, livelihood and security. It is the presence and absence of these indicators that symbolises the course of development, especially gender inclusive ‘development’. In most parts of the country, absence of water and sanitation puts women, especially Dalit women, in a vulnerable situation. Walking several miles to fetch water or for toilet often results in incidents of harassment in rural areas.

According to an article by Alexandra Barton on the water project, Indian women in rural regions can walk up to an average of 10 miles a day, carrying up to 15 litres every trip.” The Human Development Report, 2006, states “Women in Africa and Asia often carry water on their heads weighing 20 kg, the same as the average U.K. airport luggage allowance.”

As a society, we are living on a paradox where women continue to invest time and labour but receive the minimum possible returns. The issue gets further complicated when viewed from a marginalised perspective. A report published on Caste Discrimination against Dalits by Center for Human Rights and Global Justice and Human Rights Watch way back in 2007 described that “Dalits are denied equal access to a spectrum of places and services intended for use by the general public, such as police stations, government ration shops, post offices, schools, water facilities and village council offices. As a result of segregation in water facilities, more than 20 per cent of Dalits do not have access to safe drinking water, only ten per cent of Dalit households have access to sanitation (as compared to 27 per cent for non-Dalit households), and the vast majority of Dalits depend on the ‘goodwill’ of upper-caste community members for access to water from community wells”.

The figures from Census 2011 provide a meaningful insight into current socio-economic scenario of India. Only 43.5 per cent of households have access to tap water and only 32 per cent have water from treated sources while 11.6 per cent continue to draw from untreated sources. Glancing at the Census 2011 data for Scheduled Caste population, it clearly indicates that there has not been much progress in condition of Dalits since 2007. The total population for SC households in rural areas is 32,919,665 of which only 63,48,622 have access to tap water from a treated source. About 4,219,829 SC households till today continue to draw tap water from untreated sources. As far as sanitation in rural SC households is concerned, only 7,520,933 families have latrine facilities within the premises. It is shocking to see that there are about 47,736 households in rural areas and 16,375 in urban areas where night soil continues to be removed by humans.

#Odisha – Campaign on policy intervention for Women land rights #womenrights


 

The situation of Dalit, tribal & marginalize women in needs special attention. They are one of the largest socially segregated groups anywhere.  However, women facing multiple oppressions that violate their fundamental rights. Now the real situations of Dalit, tribal & marginalize women are threatened by rape as part of collective violence by in physically, socially politically and economically. However, today this violence is increasing in society. And these women are ignorance to accesses their rights of life, livelihood and dignity.

Our country is a Part of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Civil and Political Rights. & also a Part of the International Covenant on Economic, Social and Cultural Rights (ICESCR). This treaty not only identifies a range of economic, social and cultural rights, but it also requires that all peoples enjoy these rights, without discrimination.

But the ground reality that the women face sees a complete negation and violation of women’s human rights. These women are the poor, illiterate and powerless with neither access nor control over land & natural resources. They have been victims of structural and social violence making them easy targets for sexual harassment. Atrocities and violence against women are both a means of sustaining systemic discrimination, as well as a reaction when caste and gender norms are challenged.

 

Prospective of women land rights

The principle in Article 1 of the Universal Declaration of Human Rights (December 10, 1948) that “All human beings are born free and equal in dignity and rights”. World without poverty, inequality and social injustice; where all individuals are free and empowered to live in dignity and peace. This is mining less for women without land rights. Land ownership is the only way to women empowerment, dignity, social security, livelihood & human rights.

Discrimination and women Rights over land & natural resources is one of the most complicated issues that are today faced with. As such this is not a new question; however the current format is a relatively newer one. There are specific reasons and compulsion for raising this question at this juncture of history as the betrayal of the betrayed continues for centuries unknown till today. Dalit, tribal & marginalize Women have been active throughout history.  They were actively involved in the land & forest protection Movements & today also they are the strongholds in thousands of villages. They continue to play a critical role in the movements for land rights. For them, land, forest is not only property it is the identity & relationship of the human and mother earth. They have been 78% participation in the land protection, promotion & agricultural production. Which is a great contribution on GDP growth .but However, they are unable to put an end to the structural discrimination and exclusion.  And impunity is used to keep them in their place. It has caused them to start building their own praxis, identity and agency, and build an effective nonviolence struggle to restoration of their relationships with land &forest. That is clearly need in its place is an articulation base on the consciousness of the mother land.

Women need to develop a wider understanding and proper perspective about the diverse dynamics of women rights. One needs an understanding of the logic of the underlying forces that govern the current pattern of ownership. Access to land entitlement is deeply important for Dalit community especially women, where the incidence of poverty is highly correlated with lack of access to land are also an imperative for food security. Without land security and land Bess livelihood efforts to use natural resources in a sustainable manner may not be fruitful. Land ownership is a powerful tool that allows the Dalit community to escape extreme poverty especially women. Secure land right to increase nutrition, school enrolment and reduces the conflict of the community. Hence the crisis of Dalit women and rights over natural resources has to be understood in its historical perspective.

Why this campaign

In the process of life struggle, women were realized their relationship with land and forest. and the obstacles of women empowerment  so they are being initiated in the country by various land rights movement in the women’s perspective.  Govt. also takes some important decision in fever of women like joint entitlement. But in reality it was the partnership not to ownership. Also that not to be changes of the mindset of the society and system also the policy of land reform & women empowerment in women prospective of security & dignity.

So there is a strong need to space for women’s perspective and leadership for land and natural resource rights to consolidate our strategies toward claiming, retaining, distribution and development of land ownership in the name of women for the future generations. As women we have a greater responsibility towards achieving this cause.

The national task force initiated by the government of India is in place for addressing the land question in India. The process is already started. Perhaps this is an opportunity for all of us & the right time to share women’s perspectives with the government of India & state govt. to addressing the land rights in name of women. We shall have more information & experience on women land rights struggle which we send our recommendations and demand about women land rights in ground level women opinion.  Also take as an issue in coming election.

ODWF Action in Odisha

Odisha Dalit women forum is a collective power of Dalit women in Odisha, an initiative to strengthen leadership of dalit, tribal & marginalize women and to build their capacities, knowledge and skills. Which raise their voice & concerns, on security, livelihood and dignity with campaign on women land & natural resources rights in a nonviolence action process ODWF create a mass opinion against violence, discrimination on cast, class, and gender.

As the continue process of our women land rights campaign it is a opportunity for ODWF  to initiate this mass awareness about the recommendation to national taskforce process for land reform policy to get more accountable of govt. for women dignity and security. So ODWF group decided that initiate this mass campaign for more participation of women in this national policy intervention process.

 

Objective of the campaign:

  • Create awareness about Importance of Land Rights among all women.
  • To reduce conflict in the society by enabling women to gain access and ownership over mother earth and natural resources.
  • To create awareness among the tribal, Dalit women on their rights over life and livelihood and sensitize the people on different legal aspects related to land, forest and natural resources.
  • To build up a relationship of women for their common action to achieve land rights.
  • To make accountability the Government for proper implementation of the women Land Rights Law & sensitize the administration.
  • Awareness to Collection of signature and demands for women land rights and to send the national and state govt.

This programme will sensitize to understand the land and mother relationship and linkage established with state, national and global movement and generates a support for women land rights prospective. This understanding will help to develop sustainable livelihoods of society to peace and justice that build to protect towards both, violence as well as the Risks of Globalization.

ODWF Coverage area

Sl. No. District Nos. of coverage Villages No of peoples participation Campaign in charge
1 Baleswar 14 217 Ms. Charubalajena
2 Balangir 10 168 Ms. Nirupama mahar
3 Bhadrak 7 145 Ms. pritirekha jena
4 Cuttack 9 146 Ms. Nayana nayak
5 Dhankanal 10 170 Ms. Rasmirekha
6 Jagatshingpur 5 90 Ms.Bijayalaxmi
7 Nayagad 10 160 Ms.sumitra nayak
8 Khordha 40 680 Ms. Nalininayak
9 Kalahandi 60 970 Ms. Sakuntala harpal
10 Rayagada 14 260 Ms. Nurjahan pani
 11 Nabarangpur 10 136 Ms. Swapnalata babu
12 Malkanagir 15 340 Ms. S .susan
13 Koraput 10 180 Ms. Nalin khemund
14 Kaujhra 15 245 Ms. Kanak nayak
15 Maurbhanja 17 350 Ms. Minati sahoo
16 Sambalpur 5 150 Ms. Anita bag
17 Kandhamal 20 350 Ms. Antima nayak
18 Gangam 25 420 Ms. S .jamuna
19 Gagapati 11 180 Ms. Anusaya sabhapati
20 puri 6 150 Ms. Swati
21 Baragad 5 125 Ms. Jogeswari
22 Subarnapur 10 170 Ms. Mamdodari  chatria
23 Baudh 10 190 Ms. Sebati  behera
24 Jajpur 10 210 Ms. Nerupama naik
25 Debgarh 7 120 Ms. Mamuni sarbhang
26 Nuapara 8 150 Ms. Suravi seth
27 Kendrapada 10 170 Ms. Kausalya mallik
28 Sundargarh 10 190 Ms. Anna kujur
373 6832

 

ODWF also collaboration with other women forum for this campaign and send their recommendation to stat & national govt. from their respective area of Odisha.

 

Campaign Action

Organize rally, awareness yatra, foot march, mass meeting, signature campaign, media mobilization; give memorandum through local authority to stat CM & PM of India

Appeal

At this occasion we welcome & appeal all the women and community to come together and articulate a clear demand and peoples plan for achieve the women land rights ,for secure our mother, family community &Society.

 

Mother earth call to mother come together achieve to rights over me for security, dignity& empowerment of mother hood.  We believe change the world.

                  JAY BHEEM

 

                                                Sandhya Devi

                             ODISHA DALIT WOMEN FORUM

                        At- Banpur, Dist- Khurda, Odisha, 752031

                      Ph- o6756-223439 (o), 9437140550, 8280056895

             Email-odwforissa@yahoo.in  & savetribal@yahoo.com

 

#India-A dalit’s family on brink of extinction #humanrights #torture #Vaw


Inline images 1

Ms. Chintamoni Mondal & her son

1 February 2013

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi

 

Respected Sir

 

I want to draw your attention on our complaint dated 20.4.2012, about  ghastly torture perpetrated upon Mr. Bharat Mondal, belongs to Schedule Caste community, by posted Border Security Force personnel at Murshidabad district.  The background of the incident; Mr. Bharat Mondal was an agrarian laborer before losing his lands to erosion by the river. This is a problem also faced by many of Bharat’s neighbors, and like them, Bharat had no means of livelihood or income to support his family of six. Although Bharat has a job entitlement card under the Mahatma Gandhi National Rural Employment Guarantee Act 2005 scheme, he did not get any work, and so had to allegedly resort to cross-border smuggling of cattle for income.

 

It is revealed in our fact finding that around 8am on 30 December 2011, Bharat attempted to smuggle seven or eight head of cattle across the border when the Border Security Forces (BSF) jawans apprehended him. They roughly handled him, stripped him naked and assaulted him severely. The BSF hit him repeatedly with wooden sticks and rifle butts and also kicked him with boot clad feet. Bharat’s left arm was broken as a result of the violent assault. Bharat bled profusely and lost consciousness, whereupon the BSF jawans left him to die.

 

When Bharat’s wife, Ms Chintamoni Mondal, heard about the torture and critical condition of her husband, she rushed to the scene with a few neighbors and brought Bharat to Godhanpara Block Primary Health Centre for treatment. The doctor who attended to Bharat at GBPHC referred Bharat to the Domkal Sub-Divisional Hospital and Baharampur New General Hospital because of the severity of Bharat’s condition. We also informed the Commission that though his family desperately needs the income, Bharat’s condition precludes the possibility of returning to work.

 

The BSF personnel subsequently warned Bharat’s family and neighbours against registering a complaint at the police station or disclosing details of the incident to others. Yet the aggrieved family somehow plucked up the courage to make a written report before the Superintendent of Police of Murshidabad on 23 March 2012 and forwarded a copy of that complaint to the Officer-in-Charge of Raninagar Police Station. Individuals who had witnessed the incident include Mr Sri Nath Mondal (son of Mr Amir Chand Mondal), Mr Panchanan Mondal (son of Mr. Dhananjay Mondal), Ms Sumitra Mondal (wife of Mr Sri Nath Mondal) and other residents of the Char Sahebnagar Village, Harudanga Post Office under the jurisdiction of Raninagar Police Station in Murshidabad. Despite the effort to pursue the matter through established branches of the justice system, the police have not taken any action to investigate and prosecute the BSF jawans responsible for the senseless, unprovoked and violent attack on Bharat which forced his wife to make a complaint before the Additional Chief Judicial Magistrate; Lalbagh’s Court under section 156 (3) of Criminal Procedure Code against the perpetrators.

 

In this given context, Mr. Bharat Mondal’s family is living under severe distress and penury. His wife; Ms. Chintamani Mondal made an appeal before the Block Development Officer of Raninagar II Block on 8.10.2012, copying it to the District Magistrate of Murshidabad district where she narrated her woes and requested for an early respite but till date no action has been taken. Mr. Bharat Mondal lost all his physical ability to work and more or less in a crippled physical condition due to torture perpetrated upon him by the BSF. His family consists of his wife and four minor children; all aged between 5 to 15 years, and out of school. Though, Bharat’s wife made subsequent request to local Panchayet for enlistment in BPL category but unheeded. Her dwelling (a hutment) is in dilapidated condition and during the last monsoon she with her minor children and ailing husband forced to spend nights on open fields. She is in very week physical condition and worried about very physical existence of her family. She visited the said BDO in number of times and requested for governmental deliverances but without any respite.

 

I am requesting your Commission to direct the relevant authority to extend the livelihood options (i.e. BPL card, NVNG, Annapurna, etc) to this tortured family who are living in brinks of extinction.

 

 

Sincerely Yours

 

 

 

 

(Kirity Roy)

Secretary- MASUM

National Convener- PACTI

#Mumbai- Gang Raped twice Dalit girl is firm in resolve to make it big #Vaw


VINAYA DESHPANDE, The Hindu

72-year-old house-owner had promised to put the domestic help in school; 18-year-old male servant also assaulted her

The 13-year-old came here last year, resolved to study and make it big. Her 35-year-old mother of four, who is unemployed, widowed and illiterate, sent her to the city from a small hamlet in Satna district of Madhya Pradesh, hoping that her earnings would help to sustain the family. But Damayanti Koda (the name changed) is a distraught woman today.

“They promised me that they would put her in a good school if she came here and helped the family. They also got two new dresses stitched for her. I was very happy that my child would be spared the grind of poverty. I thought she would also help me feed the three mouths in the house. But look at what they have done to her. I will not send her anywhere now,” a teary-eyed Damayanti told The Hindu.

Her daughter Saraswati (the name changed) was gang-raped twice by the 72-year-old house-owner and an 18-year-old male servant in December last in the house where she worked as a domestic help. A family friend of the accused had brought Saraswati from the hamlet to Kalyan in Thane district in July, promising the mother that she would be sent to school, given food and shelter in lieu of some household help for the pregnant daughter-in-law of the accused.

Around eight months ago, when Damayanti had come to drop her daughter at the house, she was charmed by their riches. “They have a sprawling house with two floors. They also have land in the area. After their friend offered to pay my daughter Rs. 2, 000 a month and promised to put her in school, I said, what will I do keeping her in poverty here? How am I to feed four children when I myself cannot work?” she said.

Her husband, a daily labourer, died three years ago after undergoing an operation to remove kidney stones. Damayanti has herself undergone an operation to remove stones from her gall bladder. The surgery has left her weak and frail, unable to work, depending on her parents and brother for support. The family has already borrowed money from relatives to pay up the medical expenses.

Her eldest daughter has studied up to Standard X and works as a domestic help in the village. Saraswati studied up to Standard VII before leaving school to go to Kalyan. Her two younger brothers are in school.

“When I came here, I was in awe of the family. They are rich. They kept me well. Bhabhiji promised me that she would send me to school. But two months after my coming here, there were no signs of it. They made me work continuously, from 6 a.m. to 9 p.m. I did not complain,” Saraswati said.

Within two months, she started facing the lusty eyes of the house-owner, the girl alleged. He would frequent the place where she slept and touch her when she was asleep. He would even grab her when she worked alone in a room. When she complained to his daughter-in-law, she was beaten up and asked to keep quiet, Saraswati said.

Emboldened, the accused, along with an 18-year-old male servant, raped her on two occasions in December. When she cried, begging for help, they threatened her with dire consequences.

“They did not even allow me to call home … I was beaten up and threatened. One day, I was taken in a car, and they told me that the male servant who raped me would marry me after I turned 18. I refused it. They beat me up again and threatened to kill me, so I said yes,” she said. But the feisty girl managed to call up her mother one day and asked her to take her home immediately.

“I sent my nephew from Nashik within two days after I received a call from her,” Damayanti said. While her nephew picked up Saraswati from the house on January 2 this year, she came to the city only by January-end. With the help of an organisation named Hindu Rashtrasena, the family lodged a complaint with the Kalyan police on January 28 against the alleged rapists, the daughter-in-law and the woman who got Saraswati from Madhya Pradesh. While the two men are behind bars, the two women are yet to be arrested.

The police filed a case under Sections 376(2)(g), 506, 34 of the Indian Penal Code; Sections 4 and 12 of the Prevention of Children from Sexual Offences Act; Sections 23 and 26 of the Juvenile Justice Act; and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

A medical examination established that it was a case of rape, the police said.

Now Saraswati wants to put the past behind her. The sparkling eyes have turned dull and the smile disappears when someone talks about the incident.

When asked about it, she skirts the topic. “I want to go back to the village and study. I want to do a job and earn well,” she says. She and her mother do not see any point in their staying back to get justice.

“I have four children to take care of. How can I stay back? We want to forget about it. Our family honour has been lost … We don’t want anyone to know about it,” Damayanti said. Getting Saraswati married in the next three-four years is her priority.

But Saraswati is firm in her resolve to study and make a good future for herself.

 

#India- Three dalits cut into pieces in Maharashtra #Vaw #Honourkilling


 

 

To

National Human Rights Commission, New Delhi.

A. COMPLAINANT’S DETAILS

1. Name: Manuski Trust
State: Maharashtra – 411006

B. Incident Details

1. Incident Place: Kharwandi, Ganeshwadi, Taluka: Newasa
2. State: Maharashtra
3. District: Ahmednagar
4. 1st January, 2013 C. Victim Details

1. Name of Victim
a. Sandeep Thanwar Male 26 Yrs Kinhi, Bhusawal, Jalgaon
b. Sachin Gharu Male 22 Yrs Erandol, Jalgaon
c. Rahul Kandare Male 20 Yrs Malkapur, Buldhana

2. No. of Victims: 3

3. State: Maharashtra

4. Religion: Hindu

5. Caste: SC

D. Brief Summary of facts allegations of human rights involved (Please see Appendix attached as Facts and Observation)

E. Whether complaint is against Members of Armed Forces/ Para-Military

F. We request the Chairperson, to

a. The matter should be given to CID for further investigation b. Immediate Relief and Compensation to be given to victims family c. The matter should be referred to special court and expedite the matter in 120 days..

*

 

After interviewing with the relatives of the deceased victims, villagers and police officials we are forwarding herewith the following observations of the fact finding committee.

1. The three deceased

1. Sandeep Raju Thanwar ( Age : 26, Resident of Village Kinhi, Taluka Bhusawal, District Jalgaon),
2. Sachin Sohanlal Gharu (Age: 22, Resident of Erandol , Jalgaon),
3. Rahul Kandare (Age: 20, Resident of Malkapur, District Buldhana) were working as Manual Scavengers at Trimurti Education society, Nevasa phata, District Ahmednagar. All of them belong to Mehter community (Scheduled Caste). All the three victims are migrated to the said village and stayed on the campus in the Trimurty School.

2. On 1st January 2013 Sandeep Thanwar received a phone call from one Mr Ashok Navgire informing him to reach the residence of Mr. Popat Vishwanath Darandale at Ganeshwadi Nevasa to clean the septic tank. Sandeep Thanwar along with Sachin Gharu and Rahul Kandale left for the residence of Poapt Darandale at around 11:00 am.

3. At around 8:30 pm Kapil Raju Thanwar, younger brother of Sandeep, received a phone call from Sonaii Police Station that dead body of Sandeep Thanwar in found in the Septic tank of Mr. Popat Dharandale. Kapil Thanwar rushed towards the residence of Mr Popat Thanwar. Kapil inquired with Mr Paraksh Dahrandale and Popat Dharandale about Sachin Gharu and Rahul Kandlae. He was informed that both of them left the place of incidence.

4. On 1st January 2013 at around 10:40 pm one Mr. Mukesh Changre, a relative of Sachin Thanwar filed a complaint in the Sonaii Police station. The dead body of Sandeep was thereafter send for postmortem.

5. On 2nd January 2013 the relatives of Sandeep received a phone call from the Sonaii police station that dead body of the other two members was found in the agricultural land of Mr Ramesh Darandale at Ganeshwadi, Nevasa. After visiting the spot where the dead bodies were found, people witnessing were shocked to see the dead body of Sachin Gharu. Both of his lower limbs were amputed from the knees and both the upper limbs were amputed from the shoulder. Also his head was chopped from the body. There were marks of injury on the head of Rahul Kandare. His dead body was also found near to the dead body of Sachin Gharu. Dead body of Sachin Gharu and Rahul Kandale were sent for Postmortem.

6. F.I.R was filed at Sonaii Police Station on 2nd January 2013 at 9”00 p.m. The Police arrested Mr. Ramesh Darandale, Prakash Darandale, Sandeep Kure Ashok Navgire and Popat Darandale. They were charged under section 302, 201 and 34 of the Indian Penal Code. On 5 th January 2013 after a representation made by the some social activists to the District Collector Ahmednagar the Accused s were charged with section 120(b) of Indian Penal Code and Section 3(2)(5) of Scheduled Caste and Scheduled Caste (Prevention of Atrocities Act) 1989.

7. The fact finding committee also perused the postmortem report of all the three victims. In the report of Sandeep Thanwar the Doctor made an opinion that the death is due to cardio respiratory arrest due to asphyxia due to drowning. The body was stained with fecal matter. But it is pertinent to note that no faecal matter was found in the mouth or lungs of the dead body. The stomach was empty. Neither water, nor faecal matter nor food material is found in the stomach. This creates a strong suspicion that Sandeep Thanwar might have been killed by strangulation and then thrown in the septic tank. In case of the postmortem report of Sachin Gharu, the report do mention about the amputed limbs and head of Sachin, but what is surprising is that the report mention that the dead body was found wearing a jeans pant and a baniyan. If his lower limbs are amputed from the keens then in such a case jeans pant should have been torn. But the Postmortem report doesn’t mention the same. On the contrary it does mention that mud is stuck to all over the body, clothes wet with water. Thus it is possible that Sachin was made naked, killed, and then clothes were put on his body.

All the three victims belong to scheduled caste community. There is a whisper amongst the villagers that there was a love affair between Sachin and a girl from the Darandale family. This love affair was not appreciated by the family members of Darandale. This seems to be a case of Honour killing. The Police are investigating the case but has not yet been able to find out the motive behind this heinous murder.

There is no further development in the investigation. The accused are upper caste Hindus having a strong political influence in the locality. There is a sense of fear in the minds of the members of Scheduled Caste Community in the locality.

Members of Fact Finding Team:

Dr. Nitish Nawsagary, LLB LLM Ph D
Dr. Sidhartha Dhende
Adv. Sidhartha Shinde
Adv. Arun Jadhav, Member NHRC
Ms. Manisha Tokale
Mr. Sunil Chavan
Adv. Priyadarshi Telang
Mr. Rajendra Kale

 

source-http://atrocitynews.com

 

#India- Activists decry linking maternity benefits to population control #Vaw #Reproductiverigghts


New Delhi, Jan 26 — Civil society groups have expressed shock at a parliamentary panel’s recommendation to restrict the nutritional support under government schemes to only two children per family and to disqualify mothers of more children from maternity benefits.

 

Debunking the need for coercive measures to promote population stabilisation, A.R. Nanda, former secretary, department of family welfare, said that India’s population growth has already slowed down considerably and the figures from the 2011 Census show that the decadal growth at 17.64 percent is the lowest in the last 50 years.

 

Reviewing the National Food Security Bill, the parliamentary standing committee on food, consumer affairs and public distribution has recommended that maternity benefits under government schemes should be restricted to only the first two children. The steps to link entitlements to population control or family size need to stop and emphasis should be laid on providing women with adequate nutritional supplements which should be extended to women from socially and economically weaker backgrounds, Nanda said on the sidelines of a function here on girl child.

 

Jashodhara Dasgupta from National Alliance for Maternal Health and Human Rights (NAMHHR) said that according to National Family Health Survey III, nearly 60 per cent of the most vulnerable women of the age group of 15-49 years have more than two children. “They will be disqualified from maternity benefits; these include the Scheduled Castes, Scheduled Tribes, the poorest and those with no education,” Dasgupta was quoted as saying in a release. As such, disqualifying vulnerable women from maternity benefits just because they give birth to more than two children is a cruel denial of their reproductive and economic rights, she said. Maternity benefits and support are most essential for the well being of poor women and for the future generation of our country, she said. There is an urgent need to delink the supplementary nutritional programmes and maternity entitlements from the two-child norm, else the “inclusive agenda” of the government will be defeated, she added.

 

The activists strongly recommended that maternity benefits and nutritional support schemes should be made unconditional. There should be no restrictions in access to these public support programmes with regard to age or parity.

 

The government should ensure minimum support facilities at work, including creches, wage compensation, nursing breaks and adequate maternity leave for exclusive breast feeding, for poor women in the country, they said.

 

Abhijit Das, convenor of the National Coalition Against Two-Child Norm and Coercive Population Policies, New Delhi, expressed “serious concerns that such a disqualification would be gender-insensitive”.
The recommendations have also been objected to by the National Commission for Protection of Child Rights (NCPCR).

 

The parliamentary standing committee’s other recommendations, which include diluting the existing commitments of the government to provide nutritional security to children, have also drawn criticism from the civil society as well as the NCPCR.
IANS

 

 

#India- Dalit woman languishing in penury for 7 months ,officials are sleeping ,- Pl don’t disturb #Vaw


 

10 January 2013

 

To

The Hon’ble Chairman

NHRC

Faridkot House

Copernicus Marg

New Delhi – 1

Ref. Our earlier complaint dated on 23rd July and 31st July 2012

Respected Sir

 

I want to draw your attention on the impecunious living of few aged women at the Char area of Raninagar Block- II. Though, on 16th of August, the Block Development Officer of Raninagar Block-II, called Ms. Agni Oraon; wife of Late Ludhu Oraon; aged about 72 Years, Ms. Kamala Bewa; wife of Late Panjatan Sekh; aged about 75 years and Ms. Minoti Mondal; wife of Late Jiten Mondal; aged about 76 years, all residents of village- Char Sahebnagar, Post- Borderpara, Block- Raningar- II of Domkal Sub Division to his office, where he made assurance that all of them will be distributed with constructed house in 3 decimals of land and they will be enlisted in BPL listing and as beneficiaries under Annapurna Yojna and provided with food grains. We understood that BDO Raninagar ll acted upon your Memo No. 1198/EN/JM dated 21 August 2012. But till date no positive measures have been taken for the same.

 

In this connection we made it clear in our previous communiqué that there are score of other such persons living in penury at the said area; who lost their livelihood in perennial river erosion.

 

In this connection we referred names of Ms. Malati Oraon, belong to Schedule Tribe community, aged about 43 years, w/o Mr. Sentu Oraon, estranged by her husband and forced to live in destitution while not getting any prescribed state deliverances. She is living with her daughter Smt Bisakha Oraon, aged about 11 years and mentally deranged brother Sri Biresh Sardar s/o Kantamoni Sardar aged about 62yrs. She lives at Village- Char Sahebnagar, P.O. Border Para, Police Station – Raninagar, Dist: Murshidabad, Pin Code – 742308 and Ms. Sarathi Mondal belong to Schedule Caste community, aged about 43 years, wife of Late Haripada Mondal and living at village- Char Sahebnagar, Post Office- Border Para, Police Station- Raninagar, and District- Murshidabad. We have made appeals for extensions of benefits of these persons under governmental deliverances before your good office on 23rdJuly and 31st July 2012, respectively.

 

Ms. Malati Oraon erstwhile living at Nirmal Char of Char Borderpara locality under Malibari Gram Panchayet became homeless with nearly 1000 of her neighbors after the devastating erosion caused by the river Padma and they had to shift from the said place without any of their belongings. They started living at Char Sahebnagar after erecting nearly 100 small thatched huts on a road and living there for nearly 12 years. The road, on which they have built their huts, is not a main thoroughfare of the village rather a less used road by the villagers for transporting their agricultural inputs. The land detail of the said road is Mouja: Bansh Gara, J.L No. 87, Daag – 1761/1630. Ms. Malati Oraon was in a precarious condition because her husband Sri Sentu Oraon had left her with their minor girl child namely Bisakha Oraon of 11yrs to fend. The destitution increased as she has to maintain her mentally retarded elderly brother.  Malati is in brink of starvation with her two dependent because the apathetic attitude from panchayet as well as block level civil governance and absence of mandatory provisions for destitute.

 

Ms. Malati Oraon and her neighbors of the village Char Sahebnagar were tortured inhumanly almost regularly by a group under the lead of two persons namely Jhalu Mondal and Ravi Mondal of the same village. According to Malati this group was acting under the bad influence and instruction of Head of Gram Panchayet of Malibari – 1 and Head of Gram Panchayet of Kalitala – 1. Jhalu Mondal and others were creating trouble to Malati & her neighbors with an ulterior motive to vacate them from their dwellings and use the place for their benefits.  The schedule tribe families of this area are in a very pathetic condition due to negligent attitude of duty bearers.

 

On 05.04.12 around 4pm at afternoon when 62 yrs old Biresh Sardar, a mentally retarded person was returning home with his cow then on his way back Jhalu Mondal and Ravi Mondal with some other people attacked him with bamboo stick and rod and started beating him. Malati came to save her brother from the battering and she was also brutally beaten by these miscreants. Malati and her bother were severely injured and they were profusely bled they did not have even on their sense. When the neighbours found them in the poor condition they rescued them and brought them to Godhapara Primary Health Centre for medical treatment. The treatment was done in the hospital and on 06.04.12 Malati Oraon lodged a complaint to the Officer- In- Charge of Raninagar Police Station, Murshidabad stating all the facts of 05.04.12 and prayed for proper investigation of this heinous act of Jhalu Mondal and others.

 

But it is very unfortunate that the Police force did not take the complaint seriously and not duly registered her complaint. On 01.05.12 on and around 12pm at Noon when Malati and her family were not present in their hut, in that opportune moment the perpetrator Jhalu Mondal and others entered to her hut and they stole medical prescriptions and reports and some of their belongings from her hut. This incident was also reported in writing by the victim Malati Oraon to the Officer- In- Charge of Raninagar Police Station, Murshidabad on 02.05.11. But the police did not take any action against the perpetrators Jhalu Mondal and others.  Then on 11.06.12 Malati Oraon found no other way made a complaint stating all the facts of the incidents on 05.04.12 and 01.05.12 to the District Magistrate of Murshidabad.

 

The Raninagar Police Station has not registered a First Information Report (FIR), though the two complaints have enough material for the same. The offences meted were cognizable in nature. So, this was a clear violation of section 154 of Criminal Procedure Code. The police not even treated the incident according to the spirit lies in ‘The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act’ and not booked the errant according to its purview. Though, the offence was identical to the listed offence of atrocities in chapter 2, section 3(1) (v) of the Act as ‘Wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water’. The police personnel defied the Act by violating section 4 as said in the Act as ‘Whoever being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, willfully neglects his duties required to performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.

 

In other hand, Ms. Sarathi Mondal lost her husband and now living with her minor son; Gobindo Mondal aged about 15 years. The mother – son duo forced to live in government vest land by erecting thatched hut after loosing their dwellings and all other belongings in incessant erosion and flood caused by river Padma in the year 1998. Ms. Sarathi Mondal aged about 43 years, wife of Late Haripada Mondal is living at village- Char Sahebnagar, Post Office- Border Para, Police Station- Raninagar, and District- Murshidabad from the year 1999.  Now, her dwelling is in verge of collapse and she is not in a condition to repair it. The worried mother; Sarathi is also not in a position to fend her minor son. The influential political persons of the locality are trying to dislodge her from the place with ulterior reasons, which compounded her agony. Sarathi under tremendous pressures from this section failed to lodge a formal complaint to local police but she made an application before the office of the District Magistrate stating her impoverished situation and requested for adequate arrangement of her adobe under the scheme of Indira Awas Yojna and relevant Patta (ownership/ title) of the land in which she is residing with her son. Before making a complaint to the District Magistrate on 24.6.2012, she made several requests to the concern Panchayet functionaries but not received any response from them.

 

It is an utter failure of deliverances on the parts of State machineries and irony lies on the fact that Ms. Sarathi does not posses ration card or any other governmental documents stating her socio- economic identity. Her name has not been listed in bellow poverty category which further deprived her from receiving benefits of listed schemes meant for poor and disadvantaged.

 

Ms. Sarathi categorically demanded for patta (title) of the land in which she is residing now, In this connection she also made a request in given format to Block Land and Land Reform Officer; Raninagar ll Block under Domkal sub division of Murshidabad district stating the schedule of the land as under Basgora Mouza, JL No. 87, Dag No. 1734. The area of the said land is 5 decimal. But till date no measure has been taken by that office.

 

I also want to draw your attention that apart from these referred persons a large number of aged and impoverished populace are living at the said Char area, who are being continuously deprived off the governmental deliverances meant for this section of people. In this regard I made specific complaints to you for few of them, who are being left of from the benefits. Please extend the benefits to the persons for whom I made request and conduct a census for identification of such persons of the area.

 

In this connection I demand for:-

 

  • The victims; Ms. Malati Oraon and Ms. Sarathi Mondal must be provided with prescribed assistance or benefits in accordance to the state deliverances; Antodaya and Annapurna Yojna, she and her family must be enlisted under BPL category and 100 days employment must be guaranteed to them under MGNREGA.
  • The complaint made by Ms. Malati Oraon should be registered as First Information Report (FIR) and an apt inquiry should be initiated
  • The livelihood of the victims is at stake and the police and block administration did not even treat the incident according to the spirit lies in ‘The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act’ and not booked the errant according to its purview. Though, the offence was identical to the listed offence of atrocities as ‘Wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water’. So the errant should be booked under the prescribed penal provisions of ‘The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act’
  • Malati Oraon with her brother should be financially compensated for their loss borne due to physical torture and ransacking of their house
  • The victims should provided with a proper shelter and safety and security of the victim should be guaranteed with due protection measures
  • The irresponsible and delinquent police personnel, block administration and Panchayet officials should be charged for non compliance of legal provisions
  • The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act should be complied by the law enforcing agencies in verbatim.

 

Thanking You

 

 

 

 

(Kirity Roy)

Secretary – MASUM

 

Rape political tool in India: UN #Vaw #Caste


 #India- Chastity, Virginity, Marriageability, and Rape Sentencing #Vaw  #Justice #mustread
Zia Haq, Hindustan Times
New Delhi, January 10, 2013

Dalit women constitute the worst victims of sexual violence in India, along with rapes committed by security forces, a UN-authorised status report has said.  A large proportion of such crimes against Dalit women take place in Uttar Pradesh, a state which until recently had a Dalit woman as chief minister, according to figures cited in the “Status Report 2012” by the UN’s working group on human rights in India The review noted that two women are raped every hour, and every six hours, a married woman is found beaten to death, burnt or driven to suicide.

Although the brutal rape of a woman in Delhi sparked a national rage, rural women — often poor, illiterate and from disadvantaged sections – bear the worst brunt. Only a fraction these cases are reported, the UN group said.

Abduction of Scheduled Caste women are rampant in Uttar Pradesh, which accounted for 58.8% of the cases in 2011, the year assessed.

Rape is often used as a tool for political and social subjugation of Dalit women, doomed to the lowest rungs of society due to caste-based prejudices. “Sexual violence against Dalit women is a systemic way of enforcing status quo of the Dalits…,” the review said.

Rapes by security forces is another key offender, it noted. Despite circumstantial evidence, often “probes are thwarted to facilitate their exoneration”.

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