INDIA: Corrupt practices promoting caste-based discrimination in Uttar Pradesh

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the People’s Vigilance Committee on Human Rights [PVCHR], a human rights organisation based in Varanasi, Uttar Pradesh regarding the continuing caste-based discrimination against the Musahar community in the state. It is reported that the Musahars in Hamirpur village were threatened and abused by the Block Development Officer (BDO) and the head of Badagaon block. It is further reported that the reason why the Musahars were abused and threatened was because they refused to pay bribes to the officers and also lodged a complaint against them.

CASE DETAILS:

The Musahars are one of the most marginalised untouchable communities living in India. Untouchability, though prohibited in law is still practised in India. To provide support to the Musahar community the government has launched a programme to provide trolleys to the members of the Musahar community in the state. The trolleys were to be distributed free of cost to the Musahars. In September 2007 some trolleys were to be distributed to the Musahars in Hamirpur village of Badagaon block in Varanasi district. The BDO and the head of the block demanded Rupees 2,000 (USD 52) as bribe from the Musahars for every trolley that were to be handed over to the Musahars. The Musahars refused to pay the bribe and demanded that the trolley must be distributed to them complying with the government scheme.

The states in India are divided into districts, blocks, tehsils (units of government), panchayats and villages for administrative purposes. Mr. Dhanai Musahar son of Juthu Musahar living in the village, submitted a written complaint regarding the demand for bribe on the Tehsil day held in Pindra block, Varanasi on September 18, 2007. People come with their grievances on the Tehsil day. Tehsil days are held on every Tuesday in all Tehsil offices in Uttar Pradesh. Once Dhanai filed the complaint, the Musahar community in Hamirpur village got their trolleys.

At about 10am on September 27, 2007, when Dhanai was in Nathaipur village, he was threatened by Mr. Lolarak Singh, son of Lallan Singh, the village head of Nathaipur and Mr. Rajan Singh, son of Ram Ujagar, a teacher at the Hamirapur primary school. Lolarak Singh and Ram Ujagar abused Dhanai referring to his mother and sister using abusive language, indicating their caste and referring them as ‘untouchables’. Lolarak and Ram belong to the upper caste.

Later, Lolarak and Ram forcefully took Dhanai to Badagaon block and forced him to sign on a blank paper. Lolarak and Ram again threatened Dhanai saying that if Dhanai made a complaint regarding the incident to anyone, no trolley would be allotted to him and that he would be killed. Kanchan, Mangri, Halchal and Vindyavasani of the Musahar community have witnessed the incident. However, they are so scared that they are afraid to make a statement about the incident.

Dhanai is feeling insecure now and is afraid whether the paper that he signed will be used against him. Dhanai is also afraid to approach the police station to make a complaint against his assailants.

ADDITIONAL INFORMATION:

After this incident, the members of the Musahar community in Hamirpur village filed a complaint to the government on October 1, 2007 informing the state government authorities that they are denied all facilities through the government schemes unless they paid bribes to the concerned officers. Among several issues the Musahars requested the state government to ensure that the (1) welfare schemes for the widows and the aged from the Musahar and the Nut community are distributed properly, (2) to ensure the distribution of ration cards to the members of the lower caste communities, (3) to make sure that the land allotment from the village to landless lower caste families are made without further delays, (4) to ensure the daily functioning of the child care centre where the lower caste communities lives and (5) to take immediate steps to prevent the atrocities committed against the lower caste communities in the village by the upper caste. The complaint was filed to the Sub Divisional Magistrate (SDM) of Pindra who came to hear the people. The SDM promised to take immediate steps to address the complaints and the issues raised by the Musahars but thus far done nothing.

The Block Development Office is a government agency that works for rural development. The office, also commonly known as the Block Office, provides the rural community with the facilities for welfare under various government schemes. The corruption of government officials in the Block Office and the village head who play a role in delivering the government service at different levels, leads to the failure of this government service. This has a direct bearing upon the livelihood issues of the ordinary people, particularly upon those who are marginalised. For further information please see HA-003-2007 and HA-010-2007.

The AHRC therefore urges you to write to the relevant authorities to investigate this case and ensure that the alleged perpetrators should be punished. As long as this deep-rooted corruption continues, the supports from the government will never reach the marginalised people.

SUGGESTED ACTION:
Please write to the Chief Minister of Uttar Pradesh to express your concern for ongoing corruption and caste-based discrimination against Musahars in the state. Please call for investigations and disciplinary actions to be taken against the concerned government officials. The AHRC is also writing a separate to the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance to bring this case to his attention.

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