Tuesday, September 28, 2010

India: Slavery of the children is making mockery of Right to Education Act in India

28th September, 2010

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India: Slavery of the children is making mockery of Right to Education Act in India

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Issue: child labour, bonded labour, impunity, right to education, right to live

 

Dear Friends,

Peoples' Vigilance Committee on Human Rights (PVCHR) directly came to know through the victim (Mohd. Basir) about the suffering of his three children by the power loom owner. These children were being ill-treated and very often beaten by the power loom factory owners for forcing them to work for a longer time and bonded for them.

Case detail:

The three sons of Mohd. Basir residents of house No 19/232A Lallapura, Varanasi city, India were working as bonded child labour in the power loom factory of Mr. Jameedl Hazi of Khalik and his mother-in-law Jamal S/O Hanif near to Makkhu Baba Masjid, Lallapura, Varanasi city, India from last six month.

 

1.     Mohd. Ali s/o  Mohd Bashir aged about 13 years old.

2.     Mubarak Ali s/o Mohd Bashir aged about 11 years old.

3.     Murad Ali s/o Mohd Bashir Aged about 9 years old

 In the six month these children were only remunerated with 3800 INR (first installment of 1800 Rupees and second of 2000 Rupees) and they stop going to their work when they were not paid by the owner during their festival EID. 

 These children were being ill-treated and very often beaten by the above said power loom factory owners for forcing them to work for a longer time. The children were employed on the work from 7 am to 11 pm. They were given just 30 minute break during this time for lunch.

  Bashir has 4 sons and 4 daughters. He has no means of livelihood for his family members other than pulling Rickshaw in Varanasi City. His 17 Years old daughter has been suffering from serious illness for last few months and it has added up the hardships to his family.

For the miner children, who have working for such a long time (16 hours in a day) proved to be harmful for their health and they got ill could not continue their work. But the above named owners of the power loom factory are threatening to the children and their parents to send the children on work. It is also informed that the children were being paid much less for their work.

On 22nd September, 2010 PVCHR sent letter to National Human Rights Commission, District Magistrate, Varanasi and State Human Rights Commission, Lucknow.

 Background Information

This is also known as slave labour and is one of the worst types of labour for children and adults, alike. In fact, in 1976 the Indian Parliament enacted the Bonded Labour System (Abolition) Act; herein declaring bonded illegal. However, the fact remains is that this system of working still continues. According to certain experts approximately 10 million bonded children labourers are working as domestic servants in India. Beyond this there are almost 55 million bonded child labourers hired across various other industries. http://www.childlabour.in/child-labour-in-india.htm

 

In Varanasi district and other parts of Uttar Pradesh people from the socially and economically marginalized 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.

 

Sample letter

To,

……………………..

…………………………

Subject:

 

Name of the victims:

4.     Mohd. Ali s/o  Mohd Bashir aged about 13 years old.

5.     Mubarak Ali s/o Mohd Bashir aged about 11 years old.

6.     Murad Ali s/o Mohd Bashir Aged about 9 years old

7.     Mohd. Bashir s/o Mohd Omar Hazi and his family members

Residents of House No 19/232A Lallapura, Varanasi city,India.

Name of Perpetrators:

1.     Jameel Hazi, S/O Khalik

2.     Jamal S/O Hanif

Both are residents of near to Makkhu Baba Masjid, Lallapura, Varanasi city, India

 

Dear Sir/Madam,

I am writing to voice my deep concern regarding the cases of slavery and bonded labour reported from near to Makkhu Baba Masjid, Lallapura, Varanasi city, India. I am informed that the three sons of Mohd. Basir residents of house No 19/232A Lallapura, Varanasi city, India were working as bonded labour in the power loom factory of Mr. Jameedl Hazi of Khalik and his mother-in-law Jamal S/O Hanif near to Makkhu Baba Masjid, Lallapura, Varanasi city, India from last six month.

 I am also informed that in the six month these children were only remunerated with 3800 INR (first instalment of 1800 Rupees and second of 2000 Rupees) and they stop going to their work when they were not paid by the owner during their festival EID. 

 These children were being ill-treated and very often beaten by the above said power loom factory owners for forcing them to work for a longer time. The children were employed on the work from 7 am to 11 pm. They were given just 30 minute break during this time for lunch

  I am informed that Bashir has 4 sons and 4 daughters. He has no means of livelihood for his family members other than pulling Rickshaw in Varanasi City. His 17 Years old daughter has been suffering from serious illness for last few months and it has added up the hardships to his family.

For the miner children, who have working for such a long time (16 hours in a day) proved to be harmful for their health and they got ill could not continue their work. But the above named owners of the power loom factory are threatening to the children and their parents to send the children on work. It is also informed that the children were being paid much less for their work.

Legal action required

In such a situation, it is urged to lodge an FIR against the perpetrators under appropriate sections of Bonded Labour Regulation and Prevention Act, 1976 and Child Labour Regulation and Prevention Act, 1986 immediately so that the poor victims' family could be able to get effective legal remedy and the perpetrators be punished.

 

Yours sincerely,

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

PLEASE SEND YOUR LETTERS TO:

1. Krishna Tirath
Minister of Women and Child Development
Government of India
INDIA
Fax: +91 11 2331 4788
E-mail: krishnatirath@yahoo.in

2. Mr. Justice K.G. Balakrishnan
Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax + 91 11 2338 4863
E-mail: chairnhrc@nic.in

3. Mrs. Shantha Sinha
Chairperson
National Commission for the Protection of Child Rights (NCPCR)
5th Floor, Chnadralok Building, Janpath,
New Delhi
INDIA
Fax: +91 11 23731584
E-mail: ncpcr.india@gmail.com / shantha.sinha@nic.in

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


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

6. Director
Department of Women Welfare & Child Development,
Government of Uttar Pradesh,
Jawahar Bhawan, Ashok Marg,
Lucknow
Uttar Pradesh
INDIA
Fax: +91 522 228 6140

7. District Magistrate,Varanasi,India.

Thank you.

PVCHR (pvchr@yahoo.com)

 

Tuesday, September 07, 2010

Open letter to Prime Minister of India and Member of Parliament in India on AFSPA

Greetings from PVCHR and Wide Angel.

Sir, we are happy to know that the Government of India is considering amendments to the Armed Forces Special Powers Act (AFSPA). The media reports about your active engagement with the main  opposition party for consensus building in this regard. We consider it as a positive development.

The Government of India in response to the face an extra ordinary situation placed the entire state of Manipur under the Armed Forces Special Powers Act 1958, (AFSPA) way back in 1980. At present, according to security analysts, there are around 44 underground groups operating across the state representing different religious and cultural identities. The civilian security personnel ratio according to a 2009 report is 40: 1, an indicator of a state in emergency. The security responses to the political crisis were unwarranted. Such measures have never worked in any part of the world. Regular election might give an impression of the presence of a legitimate government. But where is governance? The 'responsibility to rule' has shifted from a civilian government had tilted the balance of from a civilian government to man in uniform. Armed with extraordinary power, the security agencies engaged in fake killing, custodial killing, rape, and other forms of human rights violations with impunity.  The claim of foreign hand in perpetuating the crisis continues to hunt the government. Manipur chief minister Okram Ibobi Singh himself admits, "Over 12,000 security personnel and insurgents, and 8000 innocent people have lost their lives till date. People are insecure, angry, feel cheated and humiliated. 

It is necessary to understand the people of the state. How many times the Prime Minister of this country or the Leader of the Opposition leader in the parliament visited in the beleaguered state? Committees have been set up to look into the human rights violations undeniable under the constant pressures by the human rights groups from the state, as well as those working at the in the national and international level. Where are the reports? Justice B. P. Jeeven Reddy Commission, deputed to study and report to the Government of India about the Armed Forces (Special Powers) Act, 1958 submitted its findings way back in 2005.  The Prime Minister of India responded by stating in a press conference that the law will be withdrawn as early as possible. Since then nothing is heard about the governments' plan to withdraw the law. Such open ended answers reflect the casualness of the government and hurt people.

The entire state and people in the rest of the country forget the brutal killing of Manorama Thangjam, 32, by the men of Assam Rifles in July, 2004 and the following public outcry?  How can the world forget grief-stricken angry women stripped naked in front of the Kangla Fort (headquarters of the Assam Rifles), demanding justice. Those are the shameful moments for each of us. The government unfortunately measures people's opinion through the reports filed by the security agencies. There is a clear disconnect between the centre and the people of the state on what form 'reason'. The state does not figure in the priority list of the government as well as the political parties due its low 'political premium'.

When the world recognizes and shows solidarity with the non violent protest of Irom Sharmila, that entered into the 7th year for demanding establishment of rule of law and repeal of AFSPA entirely from the state, the political system both in Delhi and Manipur get into the brass task toundermine the strength of non violence through their silence and ignorance. Her's is the longest protest for a social cause by any single individual anywhere in the world. Reacting to her hunger strike, and the public support across the globe, the frustrated  Mr.  Okram Ibobi Singh, the Chief Minister told in the Manipur State Assembly that the state government had to spend around Rs 147,000 in two years to keep Sharmila 'alive'. We are sure; the Britishers never said such thing against Gandhiji. Neither the security agencies, nor the political class have learned the meaning and experience of non violence, except using it as a debit card.   

Our organisations' initiative for establishing 'Testimonial Therapy' has helped in empowering victims of torture and their psychological rehabilitation. While advocating for 'Right to Rehabilitation' of the victim, we stand solidly behind the rational and democratic demands of the people. Working with the victims and meeting cross section of the people of the state including Ms Sharmila, Co-awardees of Gwangju Human Rights Award, we had the realization of the deepening frustration of the people against the main land Indians. The centre might claim, but the state does not function. Systemic failure is complete.  The government both at the state and at the centre aptly replicates the three monkeys of Gandhiji for all wrong reasons.

PVCHR and wide angle therefore requests you to:

1) Encourage the Government of India to immediately withdraw the Armed Forces (Special Powers) Act, 1958;

2) Suggest the government to constitute an independent agency to investigate and prosecute cases of human rights violations committed by the state agencies in Manipur;

3) Recommend the government to implement the recommendations made by the Justice B. P. Jeevan Reddy Commission submitted to the government in 2005;

4) Urge the government to simultaneously find a political solution to the problems affecting rule of law in Manipur though a process of interactive dialogue with the people and their leaders, thereby creating an environment of mutual respect and understanding. Necessary to believe that absence of violence does not mean absence of conflict. 

With warm regards,

Dr. Lenin Raghuvanshi, Executive Director, PVCHR, Varanasi

Mr Montu  Ahanthem, Secretary, Wide Angle, Manipur

 

 

 

 

We have communicated  our grievances, demanded justice for the victims and argued for a just, democratic, systemic response to the larger issues of the state time to time through letters to people who matter, or writing blogs, which are mentioned below. 

· India: Please take immediate action to save the life of the Female Human Rights Defender in Manipur, India.

http://pvchr.blogspot.com/2009/08/india-please-take-immediate-action-to_19.html

· Thanks from the mothers of Manipur to you

http://testimony-india.blogspot.com/2009/08/thanks-from-mothers-of-manipur-to-you.html
· PVCHR actions against torture in Manipur
http://testimony-india.blogspot.com/2009/08/pvchr-actions-against- torture-in.html

· Open letter in the matter of Manipur
http://testimony-india.blogspot.com/2009/08/open-letter-in-matter-of-manipur_02.html

http://pvchr.blogspot.com/2009/08/petition-in-murder-in-plain-sight-at.html

http://www.tehelka.com/story_main42.asp?filename=Ne080809murder_in.asp

 

Open letter to Shri Rahul Gandhi for repeal of AFSA on 2 August 2009.Please visit:

 http://testimony-india.blogspot.com/2009/08/open-letter-in-matter-of-manipur_02.html

 



--
Dr. Lenin
Executive Director-PVCHR/JMN
Mobile:+91-9935599333
 
This message contains information which may be confidential and privileged. Unless you are the addressee or authorised to receive for the addressee, you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail to pvchr.india@gmail.com and delete the message. Thank you.

Saturday, September 04, 2010

Invitation

Dear All,

VOP (Voice of People) is a peoples organization with an individual membership of more than 50000 in 18 districts of Uttar Pradesh. VOP is facilitating people centered processes with an objective of ensuring child rights by addressing linked macro issues and advocating for pro children policies and proper implementation.

VOP along 14 with civil society organizations from various districts of UP have undertaken a study on status of Govt. schools and their functioning. The study includes aspects on infrastructural sufficiency, budget allocations and deployment, workforce sufficiency and allotment, mid day meals etc; stretching to 80 variables related to functioning of schools. Data from secondary sources including Govt. information will also be shared for assessment of a progress made in lines of ensuring education for every child.

To share the status and facts from the study, VOP is organizing a press conference for highlighting the analysis and efforts made by the state towards making education a fundamental right of every child after enforcement of the Right to Education Act.

We would like to invite you for the sharing and expect valuable inputs from all to enrich the discussion.


Regards

R.B.Pal General Secretary,VOP
Dr.Lenin
Campaign Coordinator
VOP – Voice of People
Contact: 9415183210

Venue: Lucknow Press Club, China Bazaar,
Near Tulsi Cinema.
Date : 5/9/10
Timing: 11:00 to 13:00

Thursday, September 02, 2010

Vigilance against torture

Vigilance against torture

Peoples' Vigilance Committee on Human Rights (PVCHR) of India welcomes the decisions of several political parties and their members in the upper house of Parliament (Rajya Sabha) to bring an amendment motion for removing shortcomings in the Prevention of Torture Bill, 2010 by referring it to the Select Committee.

Immediately, after the lower house (Lok Sabha) passed the bill on May 6 this year in a hurried manner, PVCHR sent an open letter to Prime Minister Manmohan Singh, citing a comparative analysis done by PVCHR and Rehabilitation and Research Center for Torture Victims (RCTV), Copenhagen-Denmark showing what the present bill offers and what the UNCAT desires. The Indian bill not only falls short of the specifications of the UNCAT but also provides for the protection of perpetrators instead of victims.

The PVCHR has come across stories of torture suffered by some people including MPs. The bill in its present form would only undermine the common man's trust in the state.

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