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INDIA: Feudal lords attack Daliths for claiming proper wage, while police refuse to take action and pressure the victim to withdraw complaint in Uttar Pradesh, India

January 11, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
12 January 2006
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UA-019-2006: INDIA: Feudal lords attack Daliths for claiming proper wage, while police refuse to take action and pressure the victim to withdraw complaint in Uttar Pradesh, India

INDIA: Racial discrimination, murderous assault, corrupt policing, complete failure of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from our local partner PVCHR, a local non-governmental organisation based in Uttar Pradesh detailing that when members of the Dalith community were claiming proper wages for work, they were assaulted by members from the upper caste. Furthermore, when the victims tried to lodge a complaint with the local police, instead of registering it and taking action against the criminals, the police pressurised the victim to withdraw the complaint.

It is alleged that on 24 December 2005 Mr. Guddu, son of Lalman accompanied by Mr. Maya Ram were talking with the Secretary of the Village Panchayat (local body). Maya Ram was discussing with the Secretary about the wages of the labourers who were employed for the construction of a toilet in the scheduled caste area. It is alleged that in fact this Secretary was not paying proper wages to the labourers and Ram and Guddu were protesting against this with the Secretary. It is alleged that the village head, Mr. Sharanshankar Singh (alias Nepali Singh) along with one Mr. Ramesh Yadav came to the place and soon he started verbally abusing Guddu and Ram and also assaulted them with an axe and threatened them that they would be shot. It is also alleged that the injured victim tried to lodge a complaint against the assault with the local police, but they would not accept it. As of today it is allged that the local police are forcing the victim to withdraw the complaint.

The AHRC has in the past raised its concern about the growing intolerance against lower caste members, particularly by the caste Hindus in India. In the recent past the AHRC has issued various urgent appeals on this issue, particularly from Uttar Pradesh, a state where feudal systems still remain unchallenged. In most of these cases the police were reported to be aiding the caste Hindus, refusing to take any action. For further details please see UA-218-2005, HA-23-2005 , UA-145-2005 & UP-100-2005. This is yet another disturbing case of such a nature.

The Asian Human Rights Commission (AHRC) is deeply concerned about this case and calls for your urgent intervention in this case. The incident must be investigated into and the perpetrators booked. The police officers who are responsible for denying the victims to register their case must be immediately removed from their respective posts and their conduct inquired into and charged with for dereliction of duty.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims:
1. Mr. Guddu, son of Lalman
2. Maya Ram  - both residents of Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh, India

Date and place of the incident: 24 December 2005, at about 4 pm at Piyari village, Varanasi district, Uttar Pradesh, India.

Perpetrators:
1. Mr. Sharanshankar Singh alias Nepali Singh, son of Mr. Ram Gopal Singh
2. Mr. Ramesh Yadav, son of Mr. Balli Yadav
3. Mr. Jawahar Sav
4. Mr. Bhullan

All residing at Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh, India

Case details:

On 24 December 2005 at about 4pm Mr. Guddu, son of Mr. Lalman accompanied by Mr. Maya Ram was talking with the Secretary of the Village Panchayat (local body) near the shop of one Mr. Jawahar Sav, son of Satya Narayan Sav at Piyari. Ram was discussing with the Secretary about the wages to be paid to the labourers who were engaged in the construction of a toilet for the scheduled caste area. It is alleged that the Secretary was not paying proper wages to the workers against which Ram and Guddu were protesting with the Secretary.

In the meanwhile the village head, Mr. Sharanshankar Singh (alias Nepali Singh), son of Mr. Ram Gopal Singh accompanied by Mr. Ramesh Yadav, son of Mr. Balli Yadav arrived there. Both Sharanshankar and Ram Gopal soon began to abuse Guddu and Maya Ram and insulted them by refereeing to their caste. Both Sharanshankar and Ram belong to the lower caste otherwise known as the 'Daliths' in India. Sharanshankar abused them by saying "you dogs! How dare you ask for wages? Last time I did not teach you a hard lesson. This time I will ruin you. I will shoot you."

Sharanshankar soon began to assault Guddu which he resisted. At this time Mr. Jawahar Sav and his son Bhullan gave an axe to Sharanshankar with which he assaulted Guddu on his head. Guddu immediately started to bleed. Soon Ramesh Yadav pulled out his local made firearm and threatened Guddu and Ram that they will be shot.

After the incident Guddu and Ram went to the Chaubeypur police station to lodge a complaint. But the police refused to register a case. Finding that the local police unwilling to help them they went to the District Hospital at Kabirchaura for treatment and posted a written complaint with the Superintendent of Police Varanasi. Though the police head received the information he has not initiated any action against the complaint. However, the police are frequenting the victims' house forcing them to withdraw the complaint.

In this context the AHRC also wish to inform you that the Sharanshankar is also accused of destroying the statue of Dr B. R. Ambedkar (also known as the father of the Indian Constitution and a Dalith by birth) in 2001 and a complaint to this effect was made before the authorities by the PVCHR. In the villages of Eastern Uttar Pradesh attacks on Dalits and practices to insult them in public by the caste Hindus is on the rise. This is perpetrated by the existing feudal landlords who are all against the uprising of the Daliths, who are otherwise considered as the slaves of the caste Hindus.

In this context the AHRC would also like to bring to your attention that according to the Scheduled Caste, Scheduled Tribes (prevention of Atrocities) Act, it is an offense to verbally abuse a member of the Scheduled Caste or Scheduled Tribe with an intention to outrage the person's modesty. It is a more grave offense to assault a member of the Scheduled Caste or Tribe, which attracts severe punishment from that of a regular Indian Penal Code offense. According to the same Act it is also the duty of the Superintend of Police to be directly responsible to inquire into any complaint of abuse against the members of the lower caste. The Act mandates that any such inquiry must be conducted by an officer not less than the rank of a Deputy Superintend of Police.

Suggested action:
The AHRC is deeply concerned about this case and request your immediate intervention . Please write a letter to the addresses listed below expressing your concern about this case.

Sample letter:

Dear ________,

INDIA: Feudal lords attack Daliths for claiming proper wage, while police refuse to take action and pressure the victim to withdraw complaint in Uttar Pradesh

Name of the victims:
1. Mr. Guddu, son of Lalman
2. Maya Ram - both residents of Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh, India

Date and place of the incident: 24 December 2005, at about 4 pm at Piyari village, Varanasi district, Uttar Pradesh, India.

Perpetrators:
1. Mr. Sharanshankar Singh alias Nepali Singh, son of Mr. Ram Gopal Singh
2. Mr. Ramesh Yadav, son of Mr. Balli Yadav
3. Mr. Jawahar Sav
4. Mr. Bhullan

All residing at Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh, India

I am writing to you to voice my concern about the case of Mr. Guddu, son of Lalman and Mr. Maya Ram both residents of Piyari village within the jurisdiction of Chaubeypur police station, Varanasi district, Uttar Pradesh. I am informed that the victims were verbally abused and assaulted by the perpetrators. I am deeply concerned about the frequency in which cases of such nature are being reported from India, and Uttar Pradesh in particular. I am equally concerned about the failure of the local police to register any case on the complaint of the victims. I am shocked to know that the police, apart from refusing to take any action, are also forcing the victims to withdraw their complaint.

I therefore call upon you to take immediate action in this regard. Please order an independent inquiry into the incident and ask the local police to register cases against the perpetrators under the provisions of the Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act. I also urge you to conduct an independent inquiry into the conduct of the local police, particularly in refusing to take any action on the complaint of the victims.

Yours sincerely,
_____________

Please send letters to:

1. Mr. Mani Shankar Aiyar
Minister of Panchayathi Raj
Sastri Bhawan
New Delhi
INDIA
Tel: + 91 11 23381462
Fax: + 91 11 23386118
E.mail: manishankar@sansad.nin.in

2. Senior Superintendent of Police
Mr. Brij Bushan
S.S.P Varanasi
Uttar Pradesh
INDIA
Tel: + 91 542 2500441/ + 91?542 2501450

3. Mr. Gokaran
District Magistrate
Varanasi
Uttar Pradesh
INDIA
Tel: + 91 542 2508585

4. Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh
Chief Minister's Secretariat
Lucknow
Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234

5. Justice A.P. Mishra
Chairperson
Uttar Pradesh Human Rights Commission
6-A Kalidass Marg
Lucknow,
Uttar Pradesh
INDIA
Tel: + 91 52 2272 6742
Fax: + 91 52 2272 6743

6. 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: mailto:chairnhrc@nic.in

7. 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

8. Mr. Doudou Diene
Special Rapporteur on contemporary forms of racism and racial discrimination
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9271
Fax: +41 22 917 9050

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-019-2006
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.