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INDIA: Slavery flourishing under police protection in Varanasi, Uttar Pradesh State

February 25, 2006

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

24 February 2006
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UA-074-2006: INDIA: Slavery flourishing under police protection in Varanasi, Uttar Pradesh State

INDIA: Bonded labour and slavery, torture, corrupt policing and government neglect
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from our local partner, the Peoples’ Vigilance Committee for Human Rights (PVCHR), about bonded labour – effectively slavery - being practiced by brick kiln owners in Varanasi District, Uttar Pradesh state, India. Dozens of families have reportedly been bought for small amounts of money and are being forced to work in the brick kilns. They are paid a pittance each week, not as payment, but as money to buy food for survival. This ensures that they are unable to repay their debts to the brick kiln owners and continue to be bound by the vicious circle of bonded labour. The PVCHR is currently protecting two persons who escaped from the custody of their owners. The PVCHR has also lodged a complaint with the authorities in India. However, a complaint lodged with the police resulted in a raid in which the police took into custody two persons who were working at the kilns. The police then took them to the police station and beat them, for having complained against their owners. The police reportedly threatened them with severe consequences if they dare to complain again in the future.

On February 19, 2006, Mr. Suresh (son of Chandrma and a resident of Mahasipur village), Mr. Jagdish (son of Bhagwati and a resident of Phulpur village) and Mr. Sitalu (son of Munnilal and a resident of Mahasipur village) came to the offices of PVCHR in Varanasi to complain about their employer. On inquiry, it was revealed that they were being forced to work at a brick kiln in Amauli village that is jointly owned by three brothers, Mr. Savaru Yadav, Mr. Namuna Yadav and Mr. Namvar Yadav.

Suresh, Jagdish and Sitalu complained that they came to the brick kiln because they were offered Rs. 1000.00 (US 22) as a cash loan by Savaru, Namuna and Namvar, for which they were asked to work at the kiln as a means to pay back their debts. They were also forced to bring their families to work at the kilns. They have been forced to work every day without a break, even when they are sick. Those who have complained have been tied up and beaten. Those who have wanted to leave, promising that they could arrange for payment of their debts by other means, have also been subjected to the same treatment. No-one has been allowed to leave. Apart from the three persons who came to the PVCHR, there are thought to be tens of other families facing similar conditions at these kilns.

The weekly payment for the bonded labourers at the kilns is Rs. 100.00 (US 2) per week. This money is used to buy food for the entire family to stay alive. It is not sufficient to begin aying back the debts. It is alleged that the owners of the kiln also sell families to other kiln owners or industrialists who are in need of labour.

Suresh and Sitalu reportedly felt they could not return for fear of reprisals, however, Jagdish did return since his wife and his father were still at the kiln. Sitalu has informed PVCHR that the owners have agreed to free anyone if they pay Rs. 6000.00 (US 136) per person.

PVCHR filed a complaint at the Chaubeypur police station and also with the District Magistrate of Varanasi about the case on February 19, 2006. However, on receipt of the complaint, the police, on the pretext of raiding the kiln to arrest the owners and to free the people, took into custody Mr. Sachinder and Mr. Chotelal, who were also being held under bonded labour. They were taken to the police station where the Station House Officer shouted at them, asking them why their colleagues had complained against the owners of the kiln. They were tortured and were threatened with further beatings if any more complaints were made against their owners. They were released on February 20, 2006, but only after having to pay Rs. 250.00 to Rs. 1000.00. They arranged payment of the money to the police by borrowing it from other persons.

PVCHR took Sachinder to the District Hospital Varanasi the next day, where the doctor examined him and has provided a medical report detailing his injuries. A complaint, along with a copy of the medical report and a narration of the facts, was immediately faxed to the National Human Rights Commission. A second complaint and copy of the medical report was lodged with the District Magistrate on February 21, 2006. Yet another complaint was filed with the Senior Superintendent of Police on February 22, 2006. None of these complaints have as yet been acted upon.

Bonded labour and slavery is prohibited by law in India. The Bonded Labour (Prohibition) Act 1976 and Sections 371 (on slavery) and 374 (on compulsory labour), if enforced, would prevent such practices. Given that the victims are members of scheduled castes and scheduled tribes, the perpetrators’ acts are also offences under the Section 3 (1) 7 of the Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act 1989.  However, the implementation of these laws depends completely upon the policing system in India. There are rulings by the Supreme Court of India on how to prevent slave-like practices and bonded labour. However, owing to the complete failure of policing in India, the implementation of these laws has failed miserably, at the expense of the illiterate poor of India, which form 70% of India’s population. This is exploited by people like the brick kiln owners in the case above. The police not only collect bribes from the industrialists who engage in bonded labour and slave practices, but will also collect money from those who dare to complain. The police often work for these industrialists to force their workers to continue working without complaint or possibility of escape. In spite of the fact that many such cases have been brought to the notice of the Indian authorities, nothing has been done as yet to bring about any change in the situation.

The AHRC condemns the attitude of the Indian authorities towards these atrocious practices and calls for your immediate intervention in this case. We hope your intervention and concern will help to bring about change in the living conditions of the poor and exploited in India.


SUGGESTED ACTION:

Please send a letter to the relevant authorities, to the District Magistrate Varanasi in particular, and others listed below, urging them to take immediate action to arrest the alleged perpetrators and provide protection to the victims. Please ensure that strong disciplinary/criminal action is taken against police officers who have failed in their duty to take action and investigate the case.

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Suggested letter:

Mr. Gokaran
District Magistrate
Varanasi, Uttar Pradesh
INDIA

INDIA: Slavery flourishing under police protection in Varanasi, Uttar Pradesh State


Name of victims:

(1) Suresh, son of Chandrma, a resident of village Mahasipur
(2) Jagdish, son of Bhagwati, a resident of village Phulpur
(3) Sitalu, son of Munnilal, a resident of Mahasipur
(4) Sachinder
(5) Chotelal
(6) Bhagwati, father of Jagdish
(7) Munnar, brother of Bhagwati
(8) Kashi, son of Bhagwati
(9) Bahadur, nephew of Bhawati
(10)  Kalawti, wife of Jagdish
(11)  Lalati, wife of Bhawati
(12)  Guddi, wife of Bahadur
(13)  Panchuyee, wife of Bhagwati’s brother

All are residing under the jurisdiction of Chaubeypur police station, Varanasi District, Uttar Pradesh, India.

Name of alleged perpetrators:

(1) Savaru Yadav
(2) Namuna Yadav
(3) Namvar Yadav
All are residents of Amauli village under the jurisdiction of Chaubeypur police station, Varanasi District Uttar Pradesh, India
(4) Station House Officer, Chaubeypur police station, Varanasi District Uttar Pradesh, India

Date of incident: From 2005 to date

Place of incident: Amauli village under the jurisdiction of Chaubeypur police station, Varanasi District Uttar Pradesh

I am writing to voice my deep concern regarding the cases of slavery and bonded labour reported from Amauli village, under the jurisdiction of Chaubeypur police station, Varanasi District, Uttar Pradesh. I am informed that tens of families are being forced to work as bonded labourers for brick kiln operators. Paltry pay ensures that they cannot escape the clutches of bonded labour by repaying their debts to the owners of the brick kilns. I am shocked to learn that the owners of the brick kilns even sell these persons to other operators, if necessary with the help of the police, the Chaubeypur police in particular.

It is worrisome to know that when a complaint was lodged by a local human rights organisation with the police, instead of helping the victims by rescuing them from captivity, the police took into custody two of the victims and beat them at the police station. The police also threatened them with further beatings if they ever dared to complain about their owners again.

I am concerned by the fact that there has been no action taken by the District Magistrate, in spite of the fact that he has received a complaint from the victims detailing their plight.

I therefore urge you to take immediate steps to put an end to slave-like practices and bonded labour in all industrial establishments, in the brick kiln owned by the perpetrators named above in particular, and to immediately free these persons from bonded labour. I also urge you to initiate an impartial inquiry into the alleged police torture of two victims and ensure that any guilty police officers are immediately removed from service and prosecuted, and to guarantee that adequate reparation is awarded to the victims.

.  

Yours sincerely,
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PLEASE SEND COPIES TO:

1. Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234
Email: csup@up.nic.in

2. Mr. K. Natwar Singh
External Affairs Minister
Akbar Bhavan, Chanakya Puri
New Delhi-110021
INDIA
Tel: +91 11 26114451, Extn.1205/1219, 24103071, 24103205
Fax: + 91 11 23010700 / 23010680
E-mail: usfsi@mea.gov.in

3. Mr. Navneet Sikera
Senior Superintendent of Police
Varanasi
INDIA
Tel: +91 54 22502655, +91 98 3950 4898 (mobile)
Fax: +91 54 2250 1450

4. 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

5. Shri Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail: chairnhrc@nic.in

6. The National Commission for Scheduled Castes and Scheduled Tribes
Government of India
5th Floor, Loknayak Bhawan
Khan Market
New Delhi 110003
INDIA
Fax: + 91-11 2462 5378

7. The Regional Director
International Labour Organisation
11th Floor, United Nations Building
Rajdamnern Nok Avenue
P.O. Box 2-349
Bangkok 10200,
THAILAND
Fax: + 66 - 22883056
E-mail: bangkok@ilo.org

8. Ms. Leyla Tegmo-Reddy,
Director and ILO Representative in India
International Labour Organization
Sub Regional Office for South Asia
India Habitat Centre, 3rd Floor, Core 4B
Lodi Road, New Delhi 110 003
INDIA
Fax: + 91 11 24602111
E-mail: sro-delhi@ilodel.org.in


9. Mr. Jullian Parr
Chief Technical Adviser
Promotion the Prevention and Elimination of Bonded Labour in South Asia (PEBLISA) Sub-regional Programme, International Labour Organization
Sub Regional Office for South Asia
India Habitat Centre, 3rd Floor, Core 4B
Lodi Road, New Delhi 110 003
INDIA
Fax: + 91 11 24602111
E-mail: sro-delhi@ilodel.org.in


10. Mr. Juan Somavia
Director General
International Labour Organisation
International Labour Office, 4, route des Morillons
CH-1211 Geneva 22
SWITZERLAND
Fax: + 41 - 227988685
E-mail: cabinet@ilo.org

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-074-2006
Countries :
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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.