Saturday, April 30, 2011

Death threat to human rights defenders: a game of impunity by U.P Government in India

Issue: Corruption; impunity; threat, right to live with dignity, Human Rights Defenders

Dear Friends,
Peoples' Vigilance Committee on Human Rights came to know in the meeting on the situation of Human Rights Defender that the lives of human rights defender are in danger in Kabrai  nagar panchayat in Mahoba district in the Indian state of Uttar Pradesh.
PVCHR together with RCT provided psychological support to two Human Rights Defenders Mr. Mangal Singh and Mr.Mohan Lal Verma from Kabrai in the Training of Trainer workshop on testimonial therapy with local support from Institute of Social Development Trust, Chitrakoot.

Case detail:
Testimony of Mangal Singh
Mangal Singh son of Ghasite Singh resident of village Vishal Nagar. Kabrai, District Mahoba. I was worried about the illegal mining since childhood, When I've grown up I raised the voice against the mining around the village. This work is happening together with the mining mafia, lessee and administrative officers. When I raised the voice against them then they were making pressure on me to be quiet. When I discarded all types of temptation than they fabricated me in many fake cases. I fight against all fake cases and was continuously proving clean-handed.
The biggest incident in my life occurred on 3rd November, 2011 when lessee (Mining owner) Ms. Farhad Sultana lodge FIR against me that one week before at 11 am near Kabrai quadilateral I stopped the car threatened, intimidated and threatened death to life and asked for money to her. The case registered against me under section 387.After getting clue of the charges I instantly informed to the I.G about the incidence and escape from the house.
After escaping from home I was wondering here and there and plead with the government. At that time I was very upset because my family members were threatened, intimidated and harassed. Due to fear children were not going to school and they were being intimated by the mining owner in the school. The reason my wife was very worried and her condition become too poor.
I live too upset and eager to meet my family, but I was unable to meet them due to fear. It was more painful for me when I did not participate with my family during festivals. At that time I had great pain and I stayed mentally disturbed. I felt afraid what will happen to my family. Every time I remain fearful with the lessee and administrative officials, because they many times tried to kill and mentally tortured. This time I had great pain and I stayed mentally disturbed because I felt afraid if anything happens to me what will happen to my family. Who will look after them, children were still small. I Spended enough money to fight on numerous fake and my financial situation got worse. Still the case is pending.
My appeal to administration against the owners of mining has not put up any profit, and then I approached the court. The court ordered that security be provided to me but due to political influence   and continued to own the money of lesse, administrative officer did dilatory and inform the court not need to provide protection to him. That concern remains, what will happen now.
Testimony of Mohan Singh Verma
Mohan Singh Verma, age 45 years old is resident of Jawahat Nagar, Kabrai, Mahoba district. The mining of mountain in our village is from last 50 years; mountain is explode and stone is crushed. Our township is under the mountain. When the explosion happened stone 2 to 10 kg falls in our house. As our house is made of mud and stone come to us and our children are hurt. Fear of being injured children and families do not go outside of their home. Due to which many children injured and died in our township.
Application was given to District Magistrate to stop their illegal act, but had no effect on them and they were breaking the mountain through blasting. The blasting starts early morning at 3 am and continues for the whole day. We always live in houses because of anxiety and fear. Feared of being injured our Children are not going school.  I am worried about their future and we gave a memorandum to District Magistrate and did nine days continuous hunger strike to death in front of district headquarter. Mining officer came and assured us for the legal proceeding against them. The work stop for ten days and again the stone crushing started. The ground surface water began to go into the mountain. We got problem of drinking water. After complain to water department they send water for continuously three days. People began to get sick due to the polluted water and most of the children became disabled due to environmental pollution. Our future is not safe due to mining industry. Earth Quacks can happen any time at our place. Here from 200 to 500 crusher industry are working.

Mangal Singh filed civil misc. Writ petition (PIL) No. 63396 of 2009 under article 226 of Indian constitution Vs. State of Uttar Pradesh and others. In the judgment hon'ble Chief Justice C.K. Prasad & Pankaj Mittal that we are of the opinion that the petitioner shall be advised to approach respondent no. 4 Regional officer, pollution department, Jhansi for the redressal of the grievance. Needless to state that in case the petitioner does so, respondent no. 4 shall take appropriate action as permissible in law.  It is made clear that we have not expressed any opinion in regard to the claim made by the petitioner and that shall be examined by respondent no. 4 in accordance with the law.

Several times letter was sent to the concerned authorities to stop the illegal mining and for providing security to the human rights defender but not appropriate action was taken by them.

More information

Kabrai is one of the numerous mining sites of limestone and granite in Bundelkhand. Kabrai is surrounded by the 13 village in the area of 5 – 10 km of Kabrai. Their total population is of 90 thousand and in which 25 thousand are mining labours. According to the information given by the mining department on 225 mountains already 294 are on lesse.  In the last ten years the numbers of crasher increases more than 4 times. In the normal circumstance the density of the partial is Microgram per cubic meter but same in Kabrai is 1800. (source tehelka magazine)
One of the enduring images that have stayed with us was that of the huge craters in the ground – 250 feet deep – at Kabrai; 400-450 feet high mountains reduced to craters by blasting due to granite mining. According to an organization 5000 trucks filled with granite leave Kabrai every day.
Mining also happens to be the only "industry" for the desperate people of the region. Dalits, landless agricultural labourers and marginal farmers work in these mines in extremely hazardous conditions for pitifully low wages. Accidental deaths due to blasting, loss of hearing, blindness due to flying stone chips (during the manual breaking of stones) and silicosis are regular occurrences. Kabrai mines have 165 stone crushers in an area of length 20 kms. There are more than 1000 stone crushers in and around Mahoba which crush the stones mined from the hills.

Other relevant facts:
Uttar Pradesh's Vindhyachal and Bundelkhand range, long known for its natural environs, has now come under grave threat due to widespread illegal mining Hundreds of acres of fertile land have been rendered barren due to illegal mining. The farmers have given up ploughing the fields. The mining mafia have set up around 500 illegal quarries and dynamite and compressors have shattered the serenity of the region.

Hundreds of acres of fertile land have been rendered barren due to illegal mining. The farmers have given up ploughing the fields. The mining mafia have set up around 500 illegal quarries and dynamite and compressors have shattered the serenity of the region. Machines are used for digging 10-15 feet deep holes in which dynamite is blasted. About a thousand such detonations are carried out each day. These blasts throw out rock pieces with such a high intensity that at times people get killed

Sample letter
To,
………………………………
……………………………

Sub: please take immediate action to save the life of human rights defenders in Mahoba district.
Dear Sir/Madam

I want to bring in your kind consideration about the illegal mining happening in Kabrai  nagar panchayat in Mahoba district in the Indian state of Uttar Pradesh. I am informed that this work is happening together with the mining mafia, lessee and administrative officers.
The blasting starts early morning at 3 am and continues for the whole day. People always live in houses because of anxiety and fear. Feared of being injured their children are not going school.  They gave a memorandum to District Magistrate and did nine days continuous hunger strike to death in front of district headquarter. Mining officer came and assured them for the legal proceeding against them. The work stop for ten days and again the stone crushing started.
When the human rights defender Mr. Mangal Singh son of Ghasite Singh resident of village Vishal Nagar. Kabrai, District Mahoba and Mohan Singh Verma, resident of Jawahat Nagar, Kabrai, Mahoba district raised the voice against them then they were making pressure on them to be quiet and fabricated them in fake cases.They many times tried to kill and mentally tortured.
Every time they remain fearful with the lessee and administrative officials, because they many times tried to kill and mentally tortured. Mangal Singh appealed to the administration against the owners of mining has not put up any profit to him, and then he approached the court. The court ordered that security be provided to him but due to impact and continued to own the money of lesse, administrative officer did dilatory and inform the court not need to provide protection to him.
Therefore it is kind request please take appropriate action to save the lives of the human rights defenders and environment of Mahoba District

Sincerely Yours

…………………………….

Please send letter to
1.Ms. Mayawati
Chief Minister
Chief Minister's Secretariat
Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 223 0002 / 223 9234

2. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax + 91 11 2338 4863

3. Mr. Jairam Ramesh
Government of India
Ministry of Environment & Forests
Paryavaran Bhavan
CGO Complex, Lodhi Road
New Delhi - 110 003.
(INDIA).

4. District Magistrate
Mahoba District
Uttar Pradesh
Fax No: 244156

5. Mrs Margaret Sekaggya
Special Representative of the Secretary General for human rights defenders
Att: Ben Majekodunmi
Room 1-040
C/o OHCHR-UNOG, 1211 Geneva 10,
SWITZERLAND
Tel: + 41 22 917 93 88              + 41 22 917 93 88     
Fax: + 41 22 917 9006

6. Chairman
Uttar Pradesh Pollution Control Board
PICUP Bhawan
3rd Floor, B Block
Vibhuti Khand, Gomiti Nagar
Lucknow -226010
Fax: +91-522 -2720764


Urgent appeal desk (pvchr@pvchr.org)PVCHR




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