INDIA: Post Master misappropriates wages of villagers in Orissa 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the 30 villagers engaged in road construction from February 2011 onward under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA) did not receive their full wages in March. All testified that the Post Master deducted certain amounts from two months wages in the name of loyalty whereas the passbooks say that all were fully paid. The villagers who are mostly illiterate refused to pay but were forced to do so. It is also alleged that the Post Master misappropriated the wages of workers from other villages. The government fund aiming to ensure the livelihood and food security of the poor is continuously abused by the corrupt officials. 

CASE NARRATIVE:

A total of seventeen villagers who have job cards under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) have been constructing a road connected to the village since February 2011. They live in Alanaguda village, Paikapulbeda Panchayat, Dasmantpur block, Koraput in Orissa.

In March, the first payment was deposited on their passbooks and they were informed to withdraw their wages in late March. When they went to the post office located in Paikapulbeda village which is five kilometers away from Alanaguda village to collect their wages individually, the Post Master Mr. Narasingha Pako forced them to pay a fee. The villagers refused, but had no choice but pay since the Post Master has the authority to distribute their payment. The Post Master filled the withdrawal form for all as out of 17 families 15 families are illiterate. Later the post master distributed the payment to the villagers after deducting his fee. Out of 17, four have not received even a single rupee, 11 received less than what they were supposed to be paid. On the contrary, he recorded that all withdrew the full wage. The villagers and deducted wages are as listed below.
(Unit: rupee)

Name caste Job card no. Account No. Total wage Deposit in the passbook Actual wage received Balance Remark
Dambura Lamta Tribe 1375 1201343 3,220 3220 3000 220
Hema Lamta Tribe 1324 1201372 980 942 980
Abhi Lamta Tribe 1391 1201369 630 507 630
Sunadhar Gouda OBC 1471 1201403 2170 2007 1500 670
Narayan Gouda OBC 1311 1201408 1260 1250 1000 260
Durjan Gouda OBC 1494 1201369 1820 1740 1700 120
Ratha Gouda OBC 1322 1201199 1680 1475 1300 380
Sonu Jani Tribe 1455 1120 1120 100 1020 Post master keeps the passbook
Budu Mudli Tribe 1259 1201380 2870 2824 2300 570
Raghunath Jani Tribe 1225 1960 1960 1300 660 Post master keeps the passbook
Kamulu Jani Tribe 1223 1201359 1680 1680
Damu Bhoi OBC 1309 1540 1540
Gabardhan Muduli Tribe 1508 1208380 2660 1850 1850 810
Chaitan Gouda OBC 1221 1201390 2310 1812 1600 710
Sibo Bhoi OBC 1340 700 700 200 500
Total 26600 18187 15850 10750
Total

* OBC: Other Backward Class
Alanaguda is a village which comes under Paikapulbeda Panchayat. The village has 382 families and out of which 144 families are from tribes, officially categorized as Scheduled Tribes in India. Most of the families depend upon agriculture, but a few have title to the land. Agricultural produce from the land is not sufficient as land is not fertile and the villagers do not have effective irrigation system. As many other villagers, they are highly dependent on the government employment scheme for their livelihood, which is rather temporary. Even the government scheme is not implemented properly due to corrupt practice by the relevant officials, for example a Post Master in this case, which causes hunger to the poor in rural area.

Since the MGNREGS was launched in Paikapulbeda Panchayat in 2006, the villagers were engaged in road construction in their own villages in 2009. Accordingly, the villagers of Alanaguda village worked for the road within the village. Later on in early 2011, 20 villagers worked in the neighboring village named Jholaguda village, which is 5 kilometers away from Alanaguda village. None of workers have yet received wages, which is a violation of the MGNREG Act. The Act says that payment should be done in 7 to 15 days of work. For instance, Mr. Abhi Lamta who worked for road construction from RD road to Paiko Street has not received a wage of 700 rupees. He has gone to Panchayat office several times to demand on his wages, which was refused. At present, the work has stopped due to heavy rain and the villagers face serious food insecurity due to lack of resources and food.

Misappropriation of the government fund is not the only reason. The government does not pay the wages on time violating MGNREG Act. Thus the villagers have no other choice but migration to other states like Andhra Pradesh, Tamil Nadu and Maharashtra where they are mentally and physically abused. Further the tribes applied for claims in accordance with the Forest (rights) Act immediately after the act came into force in 2008 to ensure their rights to land. The claims have not been settled till today.

ADDITIONAL COMMENTS:

This case is one of the examples of corruption aggravating food security of the vulnerable communities in rural remote area. Yet, this type of corruption is not taken into account by the government. Recently a massive campaign against the corruption is rapidly emerged calling for anti corruption bill in India. In campaign, people from different caste, profession, and class join hands to raise their voice against corruption as being fed up by the corruption, which is considerably prevalent on the ground as seen in this case. The campaign pressurizes the government to pass the law, yet the government is reluctant to bring lower level officials under the purview of this act.

One of the food security related government scheme, the MGNREGS aims to ensure food accessibility by providing employment to the families in rural area and creating rural livelihood assets to improve the situation of poverty, unemployment and track distress migration etc. The MGNREG Act suggests ensuring the timely payment of wages, which is in fact not efficient in practice. As proved in this case, the government fund for MGNREGS often goes to the corrupt officials’ pockets while the poor beneficiaries face hunger.

SUGGESTED ACTION:
Please write a petition letter to the concerned government agencies to ensure the right to food of the poor and eradicate the corruption which is one of the major causes of food insecurity in India. The AHRC also writes a letter to the UN Special Rapporteur on the right to adequate food.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________, 

INDIA: Call for immediate investigation into misappropriation of the government fund for the poor in Orissa 

Name of the affected: villagers of Alanaguda villager who work under MGNREGS 
Name of the alleged perpetrator: Post Master Mr. Narasingha Pako attached to the Branch Post Office of Paikophulbeda village 
Place of incident: Alanaguda village, Paikopulbeda Panchayat, Dasmantpur Block, Koraput district, Orissa 
Date of incident: since March 2011 

I am writing to covey my deep concern regarding a right to food violation case of 17 families living in Alanaguda village of Paikaphulbeda, Dasmantpur block, Koraput District, Orissa. It is alleged that the corrupt postmaster of Branch Paikaphulbeda has been misappropriating the government funds allocated for the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS). According to the testimonies of the villagers who worked under the scheme, the postmaster deducted some money from the wages when the villagers came to the post office to collect their wages. 

I have received information that in March, the first payment was deposited on their passbooks and workers were informed to withdraw their wages in late March. When they went to the post office located in Paikapulbeda village which is five kilometers away from Alanaguda village to collect their wages individually, the Post Master Mr. Narasingha Pako forced them to pay a service fee. The villagers refused, but had no choice but pay since the Post Master has the authority to distribute the payment. The Post Master filled the withdrawal form for all. Fifteen out of 17 workers are illiterate. Later the post master distributed the payment to the workers after deducting an indefinite fee from each. Out of 17, four have not received even a single rupee, 11 received less than what they were supposed to be paid. On the contrary, he recorded that all withdrew the full wage. I am informed that total payment for 17 workers is 26, 600 INR but they received only 15,850 INR. Accordingly unpaid wage in total is 10,750 INR (238 USD). 

Alanaguda is a village which comes under Paikapulbeda Panchayat. The village has 382 families and out of which 144 families are from tribal community. Most of the people living in this village depend upon agriculture, but the land holdings are very less. Tribals living in the village are cultivating encroached land but as mentioned earlier that their land holdings are less due to which they are not able to fulfill the needs of their family. So they are much dependent on the government employment schemes. However the government schemes are not implemented properly and the poor's money goes into the corruption which causes hunger to them. 

I have learned that MGNREGS was launched in Orissa in 2006, but the villagers were engaged in road construction in their own villages in 2009. Accordingly, the villagers of Alanaguda village worked for the road within the village. Later on in early 2011, 20 villagers worked in the neighboring village named Jholaguda village, which is 5 kilometers away from Alanaguda village, but none of workers have yet received wages which is a violation of the NREGA act which says that payment should be done in 7 to 15 days of work. Mr. Abhi Lamta who worked for road construction from RD road to Paiko Street under MGNREGS has not received a wage of 700 rupees. He has gone to Panchayat office several times to demand on his wages, which was refused. At present, the work has stopped due to heavy rain and the villagers face serious food insecurity due to lack of resources and food. 

I am aware that misappropriation of the government fund is not the only reason causing hunger and food insecurity in the village. The government does not pay them wages on time violating MGNREG Act. Thus the villagers have no other choice but migration to other states like Andhra Pradesh, Tamil Nadu and Maharashtra where they are mentally and physically abused. Further the tribes applied for claims in accordance with the Forest (rights) Act immediately after the act came into force in 2008 to ensure their rights to land. The claims have not been settled till today. 

I am of the opinion that corruption is rampant in India, which drives the vulnerable communities like tribes in rural area into serious food insecurity and hunger. The government, however, does not seem to have strong willingness to eradicate corruption. Recently a massive campaign against the corruption is rapidly emerged calling for anti-corruption bill in India. In campaign, people from different caste, profession, and class join hands to raise their voice against corruption as being fed up by the corruption, which is considerably prevalent on the ground as seen in this case. 

I am aware that MGNREGS is one of the schemes which aim to ensure food accessibility by providing employment to the families in rural area and creating rural livelihood assets to improve the situation of poverty, unemployment and track distress migration etc. The MGNREG Act suggests ensuring the timely payment of wages, which is in fact not efficient in practice. As proved in this case, the government fund for MGNREGS often goes to the corrupt officials’ pockets while the poor beneficiaries face hunger. 

Nevertheless, rampant corruption and bureaucratic inefficiency have prevented it from entirely fulfilling this goal so far. I am aware that although social audits are supposed to be held for every project implemented under this scheme, the villagers in reality have very little legal remedies because of the neglect and the corruption of the government officials or simply because they are unaware of those procedures. 

I therefore, urge you to conduct immediate investigation into the case and take a legal action against the relevant officials who are involved in the corrupt practice. In addition, I urge you to take proper step as to the applications submitted by the tribes who claim their right to land. 

I am of the opinion that their corrupt practice violates the right to food of the poor and aggravates food insecurity in India. Most of all, payment and compensation should be granted to the workers in accordance with the laws and the policies. Please be noted that the Government of India still fails to ensure freedom from hunger and the right to food to all although it is legally obliged by the international human rights laws. 

I look forward to your immediate response. 

Yours sincerely, 

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PLEASE SEND YOUR LETTERS TO

1. Mr. Naveen Patnaik 
Chief Minister 
Naveen Nivas, Aerodrome Road 
P.O.Bhubaneswar, Dist. Khurda 
751001 Orissa 
INDIA 
Fax: +91 674 239 0562 
Email: cmo@ori.nic.in 

2. Surendra Nath Tripathi, IAS 
Commissioner-cum-Secretary 
Department of Rural Development 
Government of Orissa, Bhubaneswar 
INDIA 
Fax: +91 674 253 6641 
Email: rdsec@ori.nic.in 

3. Mr. Bikram Keshari Arukh 
State Minister 
Ministry of Rural Development 
Bhubaneswar, Orissa 
INDIA 
Fax: +91 674 2536 641 
Email: rdsec@ori.nic.in 

4. Mr. Mahedeo Singh Khandela 
Minister of State for Tribal Affairs 
Ministry of Tribal Affairs 
Room No. 135- 'C' Wing, Nirman Bhawan 
New Delhi – 110011 
INDIA 
Fax: +91 11 2306 2771 

5. Mr. Santosh Sarangi, IAS 
Commissioner-cum-Secretary 
Department of SC & ST Development 
Government of Orissa 
Bhubaneswar, Orissa 
INDIA 
Fax: +91 674 239 3249 
Email: sarangi.santosh@gmail.com 

6. Sachin R. Jadhav 
Collector of Koraput 
Collectora 
Koraput 
Orissa 
INDIA -764020 
Email: dm-koraput@nic.in 

7. 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 

8. Mr. Pradeep Kumar 
Commissioner of Central Vigilance Commission 
Satarkata Bhavan 
A-Block, GPO Complex, INA 
New Delhi - 110 023 
INDIA 
Fax: +91 11 24651010/24616286 
E-mail: vigilance@nic.in, cvc@nic.in 

Thank you. 

Right to Food Programme (foodjustice@ahrc.asia) 
Asian Human Rights Commission (ua@ahrc.asia)
Document Type : Hunger Alert General
Document ID : AHRC-HAG-002-2011
Countries : India,
Issues : Corruption, Right to food,