Tuesday, June 27, 2006

Voice of Voiceless weavers

Voice of Voiceless weavers …………
On 23 May 2006, a Round table meeting was organized under joint aegis of PVCHR, Malviya center for peace research and Bunkar Dastkar Adhikar Manch. The topic of Round Table Meeting was “Banarasi Sarees : Crisis and Solution”
In the meeting representatives of different political parties and weaver’s organizations expressed their grave concern over the devastating situation of centuries old weaving industry pitiable conditions of millions of weavers of Varanasi district, which is getting bad to worse day-by-day. Representatives gathered at the meeting unanimously concluded that the ugly face of globalization has started to pervade silently among working class of Indian society in the form of poverty and marginalisation, particularly among those sections of the society who are earning their livelihood by traditional weaving arts and by involving into syncretic culture of craftsmanship.
PVCHR and Bunkar Dastkar Adhikar Manch have been making massive campaign strenuously for last three years to save the centuries old weaving industry and craftsmanship of Varanasi city, which has its international recognition.
As a result of strenuous and continuous campaigning of PVCHR and Bunkar Dastkar Adhikar Manch the cause of weavers has received not only nationwide but also international sympathy and momentum and it has made possible to draw the attention of planning commission and Indian government as well.
Actually, starvation deaths of 42 weavers in Varanasi district were widely reported by PVCHR drew the attention of FIAN INTERNATIONAL, a human Right organization based in Germany and Asian Human Rights Commission and they joined hands with PVCHR to redress the problems of weavers in India. Going one step ahead convener of PVCHR Dr. Lenin, with the help of renowned Srilankan economist Dr. Darin proposed the concept of ‘Varanasi weavers Trust’ to bring about a radical change in the life of weavers of Varanasi city. Taking in to account the whole effort of PVCHR and Bunkar Dastkar Adhikar Manch Central Planning Commission sent Dr.Sayeeda Hamid, a member of planning commission to Varanasi to have a talk with Dr. Lenin and with the representatives of different weavers organizations. Dr. Lenin told that Round Table Meeting in Varanasi had been organized to discuss about the concept of Varanasi Weavers Trust and about other developments, that had already taken place in this direction. In the round table talk Dr. Lenin told that owing to the international pressure, U.P. Government had asked to commissioner of Varanasi to send detailed report in relation to “Varanasi Weavers Trust”. Dr. Lenin also reported about the decision of meeting with the member of planning commission taken on 16 May 2006,in Delhi. According to Dr Lenin Indian Government has decided to start pilot project for the weavers of Varanasi and Andhra Pradesh.
Tanvir, Gurendar Singh, Abdul Matin,Dy. Director-weaver service center,Dy. Director-Handloom and representative of ICICI Lombard insurance scheme attended the Round Table meeting along with tens of representatives of weavers. Dr. K.N. Bhatt lecturer of G B PANT INSTITUTE, Allahabad, chaired the meeting.
In the meeting following demands were made-
1. Development programme should be made keeping the weavers in center.
2. Government officials should be kept away from the implementation of the programme.
3. Weavers should be given direct participation in the programme.
4. A weavers’ Hospital should be established.
5. AAY cards to all handloom weavers of Varanasi.
6. In the office of Handicraft commissioner there should be established a special cell for weavers.
7. A museum should be established to make the show of the craftsmanship.
8. Implementation of Dr. Darin’s idea in respect of Weavers of Varanasi.
9. To provide easily market to the weavers.
10. To fix ‘handloom mark’ on the production of handloom product to save the handloom weavers from power loom sectors.

On 25 May 2006 Handicraft Development Commissioner made a visit to Varanasi and declared that the policy of ‘Handloom Mark’ would be implemented in favour of weavers by July 2006. It would be greatly helpful for weavers, as the quality of weavers’ goods would not be suspected in foreign countries. Further he told that the central Government has given her consent to start Credit Guarantee Scheme in favour of Handloom weavers. Under this scheme weavers can get up to Rs 25000/ without any Guaranty. He also exchanged his views with weavers over the demand of ‘Yarn Depot’.

Hundred of weavers of Varanasi City organized on 26 April 06 an extensive protest demonstration before District magistrate of Varanasi taking breads in their hands with slogan ‘we want bread’, ‘we want AAY cards’. At present no body knows that what is going to take place in nearby future and in what way the movement of millions of poor weavers will advance. But seeing the anger and experiencing the resentment among weavers, gathered at district headquarter, one could easily anticipate the violent turn of the movement if some appropriate and concrete steps are not taken to redress the pitiable conditions of the weaver community who have lost their employment and facing the hunger situation, Dr. Lenin remarked. Further he said that responsible government officials and policy makers should come forward immediately to meet the terms of the organization like PVCHR working at gross root level among the weavers, farmers and marginalized communities.
A representative of DR.Syeda Hameed ,a member of Planning commission of India, also visited the place of Dharana of Varanasi weavers and had a talk with them. On the same day Dr. Syeda visited a weavers community at Baghawanala of Varanasi.There she met with so many weavers families and was upset to find that children especially girls of weaver families were involved in to making Aggarbatti on contract for which they are paid only 5 to 10 Rs. Per day per family of four persons. She also came to know that 60 percent handloom weaving work has been closed and the weavers have lost their employment, which has thrown them in to starving situation. Human Rights activists associated with PVCHR provided her information of malnutrition which were scientifically mapped out in that community which as follows:
Table 1: No. Of children suffering from malnutrition of various degrees (0-1 years) in three operational area
Vill. Total family surveyed Total children surveyed Details of malnutrition cases
Grade 1 Grade II Grade III Grade IV Total
M F T M F T M F T M F T M F T M F T
Bagwanala 13 9 22 1 1 1 2 3 3 3 6 1 0 1 6 5 10




Table 2: No. of children suffering from malnutrition of various degrees (1-3 years) in three operational area
Vill. Total family surveyed Total children surveyed Details of malnutrition cases
Grade 1 Grade II Grade III Grade IV Total
M F T M F T M F T M F T M F T M F T
Bagwanala 32 40 72 8 6 14 5 0 5 2 2 4 1 1 2 16 9 25

Table 3: No. of children suffering from malnutrition of various degrees (3-5 years) in three operational area
Vill. Total family surveyed Total children surveyed Details of malnutrition cases
Grade 1 Grade II Grade III Grade IV Total
M F T M F T M F T M F T M F T M F T
Bagwanala 30 34 64 3 6 9 0 3 3 0 1 1 0 0 0 3 10 13

On 7July 05 Dr. Lenin sent a letter to the prime minister of India forwarding there with a project document entitled the ‘Varanasi weavers Trust’ as proposed by Dr. Darin to bring the capital market home to the people. But Indian government never seems to be thinking seriously over the proposal made by Dr. Darin and Dr. Lenin. On 27Feb.06 a letter was received by Bunker Dastkar Adhikar Manch from the prime minister’s office in respect of the demands made by Bunker Dastkar Adhikar Manch through their joint memorandum dated 6.10.05. In this letter too, prime minister’s office has not proposed any plan in respect of the starving situations of the weavers. In the same letter received from prime minister’s office, it has been stated that government has started a scheme to provide the facility of health insurance for the weaver’s families and to exempt them from the charges electricity bill. But as Dr. Lenin has remarked that it is too vague to understand its implementation at ground level in actual sense. Dr. Lenin addressing the meeting of weavers made demand to take extensive measures to ensure the employment to the weavers and to provide them all other facilities free of cost. He demanded to take immediate step to establish the ‘Varanasi weavers trust’ by taking the weavers in full confidence.

The concept of Varanasi weaver trust was sent to Chief Minister of UP in to 2004 and in response of this UP Government asked with Commissioner, Varanasi to send a detailed report in this respect through special secretary, textile (DO letter no.4CM/63-Wa0U0 2006). Later Mr. V.B.Vahan, joint director (industry), eastern UP told that report would be send to UP Government by 2 June 2006. In 2005 a team of BBC visited Varanasi and made a documentary on the situation of weavers of Varanasi with the help of PVCHR. Subsequently PVCHR and AHRC published a book on the weavers named as ‘Handloom has become live grave for weavers’.DR. Lenin went to Hong kong at the occasion of WTO meeting and raised the matter of starving weavers of Varanasi by participating a conference organized by Christian Conference of Asia and AHRC.In that sequence Craft council of India and Craft revival Trust organized a round table talk on situation of Varanasi weavers in New Delhi on 14 March 06. In this round table talk Director of UNESCO; India and Director of NIFT and other luminaries participated. As a result of this continuous proliferated campaigning, first time Planning Commission of India called PVCHR and weavers of Varanasi for Brainstorming session on Handloom weavers-Assistance and up gradation. PVCR is also fighting for the cause of weavers of Kushinagar, Tanda(Ambedkar Nagar) and Mubarakpur.
There are some more latest cases of starvation and malnutrition of weavers are being given below:
Painfully Malnutritioned:
It is brought to your kind notice that on 28Dec.05, it came into the knowledge of Vijay Bharti, a community fellow of PVCHR that an 8 years old minor girl Shabanam D/o Nizamuddin R/o. Vill. Shivrampur under Harhua Block in Varanasi district had been suffering from malnutrition. Instantly Vijay Bharti informed in written to village secretary about this case of malnutrition and demanded from him to provide Rs. 1000/- to the victim family in pursuance of UP Government order dated 22-12-04. It should be noted that taking into view the increasing incidents of malnutrition and hunger deaths, on the direction of Supreme Court, the then chief Secretary of UP Sri V.K. Mittal issued a Government order to set up an contingency fund of Rs. 1000/- at village level to avoid apprehended cases of malnutrition and hunger deaths. But it is regrettable that the instruction is not being followed by district administration. Even most of the officials pretend to be uninformed of the aforesaid Government order dated 22-12-04.
It is painful just to look at the health condition of innocent minor girl Shabanam. Her mother Haseena is suffering from cancer and it is a matter of just some days or months to pass her away. Her father is a Handicapped by birth but not wholly. He is able to do many kinds of physical work. Initially he was a carpet weaver but now he has lost his weaving job. At present he works as a laborer. But his earning is awfully insufficient in respect of the medical expenses of her ailing wife and to feed their children. Acting swiftly upon it, Dr. Lenin took painfully malnutrition girl to hospital on 2 jan,06 and she has been diagnosed with ‘Protein energy malnutrition (PEM) and rickets by the doctor. It means that this minor girl, whose physical appearance hardly matches her age, will have minimal chances of survival if she is not given a proper diet and medical care. While the government is laying stress on nutrition and health monitoring, especially among vulnerable segments of society, the real picture is very different, particularly in rural areas of eastern Uttar Pradesh. “Hum kahaan se achcha khurak de sakte hain apne bachchon ko,” (How can I manage good food for our children), questioned Nizamuddin, who lost his carpet weaving job about five years back due to his wife, Haseena’s ill-health and various other reasons. A resident of Shivrampur village, about 10 km from the district headquarters in Harahua development Block, Nizamuddin feeds his family by doing odd jobs. He also had to mortgage his little piece of land for the treatment of his ailing wife. Today, the family was living in utter poverty.
“The present condition of the girl is a clear cut case of malnutrition,” said Dr. Arvind Singh, the state secretary of Indian Medical Association (IMA), adding that such cases of malnutrition in this age was also a shame to society. The gram pradhan, Sheela Devi and the Gram Panchayat committee have also declared the girl to be suffering from malnutrition, and sanctioned a sum of Rs. 1000 under the contingency fund for her health. The panchayatraj department of the state government has authorized the gram panchayats to provide financial assistance to the families facing starvation or malnutrition.
Even though the family has the below poverty line white card, they are not even in a position to purchase food grains regularly with this card.
Meanwhile, People’s Vigilance Committee on Human Rights (PVCHR) has come forward to adopt the child for treatment and proper care. “It is not the only case of malnutrition in this region.” Said Dr. Lenin of PVCHR adding that in the past too, over 90 cases of hunger deaths had been reported to Dr. N.C. Saxena, commissioner of the Supreme Court, who in his letter (dated 05-06-05) to the UP chief secretary, had sought adequate state government action in this regard. The food schemes implemented in Varanasi, Sonebhadra, Juanpur, Kushinagar and Mirzapur district presented a grim picture, he said adding that even in the districts, from where the deaths were reported, only 31 percent of the children in the 0-6 age group had been covered under the Integrated Child Development Scheme (ICDS).
There is no ICDS center in Dalit Tola (Khas Basti) and Minority tola of village Shivrampur. Recently we have medically mapped out some serious malnutrition among children in this tolas.In this tolas weaving has totally been closed and there is no other source of livelihood for them and even Government has not yet taken any step. Even Red-AAY cards have not been made available for the poor Dalit and Minority starving people of village. List of malnutrition as follows:
Table 4: No. of children suffereing from malnutrition of various degrees (0-1 years) in three operational area
Vill. Total family surveyed Total children surveyed Details of malnutrition cases
Grade 1 Grade II Grade III Grade IV Total
M F T M F T M F T M F T M F T M F T


Shivrampur 34 26 60 8 5 13 5 8 13 8 4 12 2 2 4 23 19 42


Table 5: No. of children suffering from malnutrition of various degrees (1-3 years) in three operational area
Vill. Total family surveyed Total children surveyed Details of malnutrition cases
Grade 1 Grade II Grade III Grade IV Total
M F T M F T M F T M F T M F T M F T


Shivrampur 63 51 114 26 9 35 15 22 37 3 3 6 3 5 8 47 39 86

Table 6: No. of children suffering from malnutrition of various degrees (3-5 years) in three operational area
Vill. Total family surveyed Total children surveyed Details of malnutrition cases
Grade 1 Grade II Grade III Grade IV Total
M F T M F T M F T M F T M F T M F T


Shivrampur 48 40 88 13 9 22 17 12 29 0 3 3 0 1 1 30 25 55

Weavers has no option but to commit sucuide:
Jiut Prajapati son of Mangru resident of village Benipur (Changwar) under Block Arajiline was a weaver. Name of his wife is Ghunni Devi. Jiut and Ghunni have four children namely Santosh (16 years), Ramesh (14 years), Suresh (10 years) and Indrika (6 years). These children do not go to school. As grinding under acute poverty, the weaver Jiut could not get their children enrolled in the school. When he lost his work of weaving he went to Surat (Gujrat) in the hope of earning livelihood for their family members by doing weaving work. But there in Surat he could not earn much to feed his family properly. As having disappointed he returned home. But again he could not find work at home. He took a loan of Rs. 10,000/- (Ten thousand) from a moneylender at the rate of 10% per month as interest and made attempt to feed their family and children. He had yellow ration card bearing the member 4143331. He was landless. He had a thatched house. Deceased weaver’s wife Ghunni Devi told that the loan taken from moneylender has reached up to 1,25,000/- (one lakh twenty five thousand). She also told that for last many days no food was cooked in his home because there was nothing in his home to cook. His children too were facing hunger. She told that his husband Jiut could not bear the sufferings and miseries of the children and committed suicide on 21 March 2006.
The elder son of Jiut Santosh has also taken a loan of Rs. 12000/ from a moneylender and he pays Rs. 900/- each month as interest to the moneylender. He is also a weaver. Father of Jiut Magru aged about 70yrs old neither gets benefit of old age pension nor he receive any kind of benefit under Government schemes. Victim was also not paid Rs.1000/- of contingency fund. Activists from PVCHR Sri Lalbahadur and Siddique Hassan met with village head Phuldei and asked her that whether emergency help committee was formed in the village. At this she replied that the committee had been formed. When it was asked that then why she could not given Rs.1000/- as an emergency help. Member of Block Development Committee Birendra told that younger brother of deceased named Rajbali had also taken a loan of Rs.3000/- from a moneylender. He has two girls. He pays Rs.300/- per month as interest. Birendra Prajapati told that we do not have earth to make earthen pots. The land allotted to them is in the possession of others.
On behalf of administration food inspector of Arajiline Sri Anjani Kumar Singh, Kanungo Manik Chandra Srivastav and Lakhpal Dayashankar Singh and village head Phuldei went to the house of deceased Jiut Prajapati. Anjani Kumar Singh assured to give 50 Kg Rice and lakhpal Dayashankar Singh gave Rs.100/- from his pocket but no body came forward to provide the help of permanent nature like red card or to give Rs. 10,000/- under the scheme of sudden death of family head.
In chegwar tola of the village Benipur, people belonging to Kumhar community (people who make earthen pots) reside. Most of them presently do the work of weaving of Banarasi Sarees. All of them are landless. Total population of this community is 4,000/-. There is no ICDS Centre in this tola. There are only 5 red cards among these people. There should have been 125 red cards among this community. Radheyshyam Patel, a member of village committee told that only 13 red ration cards had been issued in this village in the tenure of farmer village head. But these red ration cards too were not given to genuine persons.
In this tola the situation of all persons are the same. Nathu, a neighbor of Jiut has taken a loan of Rs. 20,000/- from moneylender. But at present he has to pay Rs. 1lakh in which 80,000/- is interest. Villagers told that he had left the house and the money sender has taken his house under his possession. Another weaver named Rajendra Prajapati son of late Ghalayi Prajapati is going through acute poverty. He has three children. Mamata (9yrs), Raj kumar (7yrs) have been suffering from Kala fever. Rajendra told that his children do not go to school. If they will go to school, they would die of hunger. He told that his children did eat bread with salt. Often they do not get food. His waist has become curved like an as a result of malnutrition for a long time. He is on the verge of death caused by malnutrition. He is only 35yrs old.
HA-12-2005:, HU-08-2005:
Case of Hunger death of Dalit weaver Kanhaiya
After urgent appeal of AHRC and FIAN International, wife of Kanhaiya, Ms. Hosila Devi received a red AAY card and ten thousand rupees under the scheme of National family benefit.
She came to PVCHR office on 25 May, 06 and filed an affidavit before DM of Varanasi stating that she along with her three minor children are suffering with hunger situation. But village head Mr. Sunder Yadav appointed a OBCs man as cook for mead day meal in primary school. He did by removing dalit woman from the post of Cook. PVCHR demanded that District administration appoint to Hosila Devi as cook according the direction of Supreme Court and to provide her house under Indira Awas yojana..

Saturday, June 17, 2006

INDIA: District Magistrate orders the arrest of a human rights defender for the second time

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT
APPEAL


ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Update on Urgent Appeal

14 June 2006------------------------------------------------------
UP-122-2006: INDIA: District Magistrate orders the arrest of a human rights defender for the second time

INDIA: Illegal detention; arbitrary arrest; custodial torture; breakdown of rule of law
-----------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from our local partner, People’s Vigilance Committee on Human Rights (PVCHR), regarding the illegal arrest, detention and torture of Mr. Santhosh Patel, a staff member of PVCHR, on 7 June 2006. At the time of incident Mr. Santhosh was meeting the District Magistrate Mr. Rajiv Agarwal along with other villagers from Belwa village to lodge complaints of corruption and other discriminatory practices of public officers responsible for Belwa village. Mr. Santhosh was previously arrested and detained under similar circumstances by the order of the same District Magistrate against which the AHRC issued an Urgent Appeal (UA-156-2006). In relation to this incident the AHRC lodged a complaint with the National Human Rights Commission of India [registered as case number 4440/24/2006-2007/UC]. The Commission then directed Senior Superintendent of Police Varanasi to investigate into the case and place the report before the Commission on or before 24 June 2006.
Mr. Santhosh is a human rights activist working for PVCHR in Uttar Pradesh, India and is based in Belwa village. Belwa, a remote village within the Varanasi district faces acute poverty which is due to the exploitation of the lower caste community by the feudal landlords. The AHRC in the past has issued appeals relating to cases from Belwa. Please see UA-138-2005; UP-95-2005; UP-100-2005; UP-166-2005 & UA-068-2006. In regards to the previous incident PVCHR filed a complaint with the National Human Rights Commission of India [petition number 41875/24/2005-2006] on 3 March 2006 alleging that owing to the lack of action by government agencies, the residents of Belwa village are suffering from various problems, of which starvation and acute malnutrition is of particular concern. The complaint was filed by Mr. Santhosh through PVCHR. It was no doubt in response to this earlier incident that the latest attack against Mr. Santhosh took place.

Background information:


Due to the wide publicity of issues such as caste discrimination, exploitation of the poor and acute poverty in Belwa, there were many inquiries with the government agencies expressing concern about the residents from there. There were several inquiries from various agencies of the United Nations and other regional and international human rights groups regarding Belwa. It is also reported that owing to the immense pressure, the state government of Uttar Pradesh recently issued a circular which states that in each case of human rights violation, particularly on hunger and starvation related issues, the victim must be paid a sum of Rs. 1000/- (USD 23) on report of the case and for failure of follow up the Village Secretary, the Block Development Officer and the District Magistrate would be held responsible for dereliction of duty. When problems from Belwa made the daily news, the village suddenly saw a series of visits by many important persons for the first time in their history. One such visitor was Ms. Sayeed Hameed, a member of the Planning Commission.

It was at this time that on receipt of the complaint filed by Mr. Santhosh that the Commission ordered an inquiry. In response, the state administration responded through a directive of the District Magistrate asking the local Tahasildar, Mr. Mohan Ram of Pindara Tahasil (a small division of the district) to visit Belwa and to force the villagers to give statements contrary to the actual situation. The Tahasildar visited Belwa in the first week of May and started forcing residents, of whom a large number are illiterate, to give thumb impressions on pieces of plain paper. Fearing that the district officer would later misuse these blank papers with signatures, Mr. Santhosh intervened and asked Mr. Mohan Ram why he was gathering the thumb impressions from the villagers. He also asked him to release the money according to the government order to the victims. At this point the officer became angry with Mr. Santhosh and soon after left.

Meanwhile the state government also issued 11 ‘Andyodaya cards’ (government permits for receiving rationed articles through the ration shop or co-operative shop) to the villagers. However, when the villagers went to the local co-operative managed by Mr. Ramesh Singh, the shopkeeper failed to provide any rationed articles and said that items such as rice, sugar and kerosene were out of stock. It is alleged that the articles were sold on the black market for a higher price.

It is regarding these matters that Mr. Santhosh, who is physically handicapped and from a lower caste community of Belwa, went to meet the District Magistrate on June 7. On this day the District Magistrate was holding a meeting with local people to hear their complaints. However, at the venue when Mr. Santhosh tried to lodge complaints to the Magistrate about the discriminatory attitude followed by certain teachers at the village school and also about the corruption of some public servants the District Magistrate accused Mr. Santhosh of being a tout and broker who creates nuisances to the district administration. He then ordered Mr. Santhosh be arrested.

Mr. Santhosh was detained at Shivpur police station. Only when Mr. Santhosh was produced before the local Judicial Magistrate, the next day, June 8, did he come to know that a crime was registered against him under Sections 151 of the Criminal Procedure Code of India [a provision to detain persons from committing serious offences] and under Sections 107 and 116 of the Indian Penal Code [provisions for punishing persons from abetment of crime]. PVCHR arranged for a lawyer to appear on behalf of Mr. Santhosh and apply for bail, which was allowed by the Magistrate.

While in custody, at the Shivpur police station, Mr. Santhosh was tortured by the Station House Officer, Mr. N. N. Singh. He was also threatened by the officer who warned him he would be harshly punished if he continued with his human rights work. On the request of Mr. Santhosh, he was examined by a doctor and the medical certificate was produced in court. The case will be again taken up at the Judicial Magistrate Court on June 21 for the second hearing and Mr. Santhosh is to be present before the court on this date.

Other relevant information:
The Executive Magistrates in India are revenue officers enjoying a certain amount of quasi judicial powers. These include, among others, to order the arrest and detention of persons to preserve public order. It is by misusing this authority that the Executive Magistrate ordered the detention of Mr. Santhosh in this case. The Executive Magistrate also enjoys a considerable amount of authority over the police within the officer’s jurisdiction. The Judicial Magistrate on the other hand is a regular court. It is the local police, by law, who are empowered to investigate cases. The circumstances indicate that since the complainant in Mr. Santhosh’s case is an Executive Magistrate the investigation will in no way be impartial. Therefore it is highly unlikely that the allegation of torture, and arbitrary arrest and detention will be investigated impartially by the police and therefore justice will not be served. Furthermore, given the pace of judicial proceedings in India, chances are that the case at the Judicial Magistrate Court will be dragged on for years and Mr. Santhosh will have to report in court, which is far away from his place of work, at least once a month for many years to come. This fact strongly suggests that the case itself has been registered as a pressure tactic against Mr. Santhosh in the hope that he withdraws from engaging in human rights work. The law in India mandates that a criminal case registered against any individual can only be withdrawn if the state chooses so, and subject to the approval of the court trying the case.

The AHRC has in the past raised serious concerns about the failure of justice dispensation mechanisms in India. However, in most cases the perpetrators involved are police officers and other uniformed officers. In this case the situation is such that the Executive Magistrate and the local police have combined their forces to fight against a human rights activist and this in itself warrants serious consideration by anyone who is interested in the promotion and protection of human rights.

SUGGESTED ACTION:

Please send a letter to the relevant authorities seeking for an immediate and effective investigation into the incident and calling for the perpetrators to be prosecuted. The AHRC also calls for a strong stance to be taken against crimes committed by police officers and on investigation and prosecution of such cases. Please write in particular to the District Magistrate Mr. Rajiv Agarwal and the Chief Minister of Uttar Pradesh, Mr. Mulayam Singh Yadav.

Suggested letter:

Mr. Rajiv Agarwal
District Magistrate
Varanasi, Uttar Pradesh
INDIA

Fax: 91 5422501450

Dear Mr. Rajiv Agarwal,

INDIA: Human rights activist detained for a second time

Name of victim: Mr. Santhosh Patel, staff of People’s Vigilance Committee for Human Rights, Varanasi, Uttar Pradesh, India
Names alleged perpetrators:
1. Mr. Rajiv Agarwal, Distrcit Magistrate, Varanasi, Uttar Pradesh
2. Mr. N. N. Singh, Station House Officer, Shivpur Police Station, Varanasi, Uttar Pradesh
Date of incident: 7 June 2006
Place of incident: District Magistrate’s Office, Varanasi, Uttar Pradesh

I write to strongly condemn the arrest and detention of Mr. Santhosh Patel, a human rights activist working for the People’s Vigilance Committee for Human Rights (PVCHR) in Varanasi, India. I am appalled to learn that as the officer responsible for ensuring law and order in the district it was in fact you who ordered the arrest of Mr Santhosh, for the second time, simply because he is reporting cases of human rights violations in the state and you wished to silence him. I am also informed that you required the police to register a false case against Mr. Santhosh, and that he was tortured while in custody by the Station House Officer, Mr. N. N. Singh.

I am informed that your office is aware that Belwa village is facing acute problems related to poverty, starvation and malnourishment along with a complete breakdown of the rule of law. I am also informed that there are feudal landlords who are exploiting the situation in connivance with government agents.

I also understand that your office has been under pressure to sort out problems reported from Belwa and that the National Human Rights Commission of India has initiated action on a complaint filed by Mr. Santhosh. I am aware that one of your subordinate officers, Mr. Mohan Ram, the Tahasildar of Pindura Tahasil visited Belwa village and forced residents to sign plain pieces of paper. This, it is believed, was an attempt under your instruction to forge documents to be presented before the National Human Rights Commission.

It is evident from the facts and circumstances of the case that you are using your authority to silence human rights activists who are trying to lobby your office for a proper implementation of law and order within your jurisdiction. Your act calls for condemnation and the Station House Officer of Shivpur police station must be immediately suspended from duty.

I urge you to accept the mistake that you have committed and publicly applogise to Mr. Santhosh for illegally detaining him.

Yours sincerely
-----------------

PLEASE SEND A SEPARATE LETTER TO THE CHIEF MINISTER OF UTTAR PRADESH:

Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh
Chief Minister's Secretariat
Lucknow
Uttar Pradesh
INDIA

Fax: + 91 52 2223 0002 / 2223 9234

Dear Mr. Mulayam Singh Yadav,

INDIA: Human rights activist detained for a second time

Name of victim: Mr. Santhosh Patel, staff of People’s Vigilance Committee for Human Rights, Varanasi, Uttar Pradesh, India
Names alleged perpetrators:
1. Mr. Rajiv Agarwal, Distrcit Magistrate, Varanasi, Uttar Pradesh
2. Mr. N. N. Singh, Station House Officer, Shivpur Police Station, Varanasi, Uttar Pradesh
Date of incident: 7 June 2006
Place of incident: District Magistrate’s Office, Varanasi, Uttar Pradesh

I write to strongly condemn the arrest and detention of Mr. Santhosh Patel, a human rights activist working for the People’s Vigilance Committee for Human Rights (PVCHR) in Varanasi, India. I am appalled to learn that the District Magistrate of Varanasi, as the officer responsible for ensuring law and order in the district in fact ordered the arrest of Mr Santhosh, simply because he is reporting cases of human rights violations in the state and therefore wished to silence him. Mr. Santhosh was arrested by a direct order by the Executive Magistrate on 7 June 2006 and was released on bail from a Judicial Magistrate on June 8.

I am also informed that this is the second time that the same officer has misused his authority. Mr. Santhosh was arrested in a similar fashion on 11 May 2006 and was later released by the Magistrate following the intervention by other local human rights activists.

I am informed that your office is aware that Belwa village is facing acute problems related to poverty, starvation and malnourishment along with a complete breakdown of the rule of law. I am also informed that there are feudal landlords who are exploiting the situation in connivance with government agents.

I also understand that the office of the Magistrate is under pressure and that the National Human Rights Commission of India has initiated action on a complaint filed by Mr. Santhosh. I am also informed that in connection with the earlier arrest the Commission has registered a case which is also currently under investigation.

I am aware that Mr. Santhosh was tortured while in custody by the Station House Officer, Mr. N. N. Singh and a doctor examined Mr. Santhosh and the medical certificate was produced in court. Mr. Santhosh was then released on bail the next day and asked to be present himself before the court on June 21 for the next hearing of the case.

I therefore urge you to immediately order an impartial inquiry into the acts of the Executive Magistrate, Mr. Rajiv Agarwal and also to the alleged act of torture committed by Mr. N. N. Singh upon Mr. Santhosh while he was in custody. I strongly urge you to immediately suspend both officers from service pending inquiry and award interim compensation to Mr. Santhosh for his illegal detention and also for the torture committed against him. I also urge you to take appropriate steps to withdraw the prosecution case lodged against Mr. Santhosh.

Yours sincerely
-----------------------

PLEASE SEND COPIES TO:

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

2. 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

3. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
E-mail: MChingSimon@ohchr.org / urgent-action@ohchr.org

4. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org / urgent-action@ohchr.org

5. Mr. Doudou DIÈNE
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 41 22 917 93 88
Fax: + 41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR ON CONTEMPORARY FORMS OF RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE)
Email: urgent-action@ohchr.org

5. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
Attn: Mr. Carlos Villan Duran
OHCHR-UNOG
1211 Geneva 10,
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010
Email: sect.hchr@unog.ch/ urgent-action@ohchr.org

6. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR ON EXTRA-JUDICIAL, SUMMARY, OR ARBITRARY EXECUTIONS)
Email: lventre@ohchr.org / urgent-action@ohchr.org
Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Wednesday, June 14, 2006

MEETING ON VARANASI WEAVERS TRUST

VARANASI WEAVERS TRUST
Stakeholders’ Meeting
23 May 2006


Held at Diamond Hotel, Varanasi, UP

Participants

Deputy Director, Handlooms
Deputy Director, Varanasi Weaving Center
Sardar Maqbool Hassan, Bunkar Biradari
Representative, Congress (I)
Representative, Samajwadi Party
Representatives of all major Weavers’ Organbizations
Human Rihgts groups, weavers and public who participated at the meetings with the Planning Commission of India held in Varanasi.

Organizers

Malviya Center for Peace Research,BHU
IRC
PVCHR

The session was chairted by
Dr K. N. Bhatt, G B Pant Institute, Allahabad

Discussion

Nizammuddin, Ishtyak and Siddique Hasan informed participants of the meetings with Planning Commission team in Varanasi.

Dr Lenin presented Dr Darin’s proposal for the Varanasi Weavers Trust.

Considered opinions were presented by the stakeholders and observers present.

RESOLUTION

The meeting unanimously resolved that
The state Government of Uttar Pradesh should immediately implement the shceme for the “Varanasi Weavers Trust” presented in the Report by Dr Darin presented to the State by Dr Lenin and PVCHR.
There had been much discussion on this report in numerous forums and groups so far and it was felt that it was now the time to act.

_______________________________________________Dr Lenin

Saturday, June 10, 2006

Deatention of PVCHR activist in Varanasi of India

It is brought to your kind notice that on the order of District Magistrate Varanasi human rights activist Shri Santosh Patel associated with PVCHR has once again been arrested and detained in shivpur police station .Be it known that the said activist Santosh Patel went to tahasil today on 7/06/06 on the occasion of Tahasil Day along with other villagers named Ram narayan Patel and Radhey shyam to put their problem before the concerning officials. DM Varanasi in place of taking their grievances in to his notice arbitrarily gave order of arrest of Santosh Patel for unknown reasons. In this respect it should be noted that the said activist Santosh Patel was arrested on 10/05/06 & detained in shivpur police station for 8 hours on the order of same D.M of Varanasi.
Sir Santosh patel today went to Tahsil of Varanasi along with Radhe shyam and Ram Narayan to make complain about discriminatory practices of some teachers against children of deprived community in middle school of Belwa village and to complaint about the irregularities in making of Ration cards and bribery taken by junior engineer from Raghubar Patel father of Santosh Patel.
That on the information of arrest of Santosh Patel when fellow Human Rights Activists Anupam and Anand went to Tahsil Varanasi to know reason behind the arbitrary arrest of Santosh Patel then D.M Varanasi said that Santosh patel is a tout or broker who creates nuisance for the district administration. This statement of D.M Varanasi clearly exhibits that he avoid to face the problem of common people and act as a dictator.
Please take necessary steps for early release of sri Santosh Patel and to teach a lesson to D.M Varanasi.

Shiv prasad

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