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INDIA: Almost 75,000 people are homeless after being forcibly evicted by the West Bengal government and the Kolkata Municipal Corporation

December 23, 2003

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

23 December 2003
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UA-85-2003: INDIA: Almost 75,000 people are homeless after being forcibly evicted by the West Bengal government and the Kolkata Municipal Corporation

INDIA: Forced eviction of the urban poor; Right to housing; Right to food
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information about case of another forced eviction from West Bengal, India. On 15 December 2003, the West Bengal government and the Kolkata Municipal Corporation jointly carried out a forced eviction along the canal side settlements at the Bagbazar and Cossipore area. About 1,500 families were forcefully evicted without any rehabilitation plan and it is estimated that almost 75,000 people became homeless due to this eviction.

However, this is only one more incident of brutality against poor urban people by the West Bengal administration. On 22 September 2001, about 20,000 people were evicted from Tolly Nullah. On 10 December 2002 another 40,000 people were evicted and on 2 Feb 2003 around 7,000 Untouchables were evicted from Belilious Park, 129 Belilious Road, Howrah. After the eviction, the homeless people have been living in horrendous situations on open streets without shelter and drinking water. AHRC had previously issued an urgent appeal on 18 December 2003 regarding the death by starvation of a 3 year old eviction victim E. M. Shiva, who was one of 7,000 Untouchables who were forcibly and illegally evicted from Belilious Park.

Everyone has the right to life. Article 21 of the Indian Constitution as well as international law clearly mentions the right to life of the people. I request your strong action to support these victims. Please send an appeal letter, fax or email to the West Bengal government and urge them to provide proper housing to the evicted people immediately in accordance with the Constitution and international laws.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

On 15 December 2003, the West Bengal government and the Kolkata Municipal Corporation jointly carried out a forced eviction along the canal side settlements at the Bagbazar and Cossipore area and evicted 1,500 families without any rehabilitation plan. Almost 75,000 people became homeless due to this eviction.

The West Bengal Government and the Kolkata Municipal Corporation did not provide any prior notice of the eviction, nor did provide rehabilitation to the residents. As in previous evictions, the administration mobilized heavily armed policemen and paramilitary forces and the operation was conducted while the men were absent for their work and only the women and children were left to face the brunt of the violent evictions.

All the families had been living at the Bagbazar and Cossipore area for 40-50 years. They have ration cards showing the address of this area as proof of their legal permanent possession and residence. They even voted for elections from this address.

The Indian government has signed and ratified the International Covenant on Economic, Social and Cultural Rights (ICCPR) which clearly recognizes the right to adequate housing. Moreover, Article 21 of the Indian Constitution mentions the right to life of the people. The UN Commission on Human Rights and the Committee on Economic, Social and Cultural Rights have also declared forced evictions as prima facie violations of human rights, in particular the right to adequate housing.

The Indian government, as a state party, should intervene in the forced evictions taken place in West Bengal and give all possible assistance to the victims to ensure their right to life.

SUGGESTED ACTION:
Please send a letter, fax or email to the local authorities and express your concern of this serious case. Please email a copy of your appeal letter to Rabial Mallick at rabial@cal.vsnl.net.in, an officer of the Christian Institute on the Study of Religion and Society, an NGO working for this case.

1. Shri Budhadev Bhattacharya
Chief Minister
Government of West Bengal
Kolkata
INDIA
Fax: +91 33 2214 5480
E-mail: precycm@wb.nic.in or cm@ub.gov.in

2. Shri Subrata Mukherjee
Mayor
Kolkata Municipal Corporation
Fax: +91 33 2244 2578
E-mail: cmcmayor@vsnl.net

3. Shri Ashok Bhattacharya
Minister-in-charge of Urban Development & Municipal Affairs
Government of West Bengal
Fax: +91 33 2214 3853
E-mail: cpimwb@cal3.vsnl.net or micma@wb.gov.in

4. Mr. Miloon Kothari
Special Rapporteur on adequate housing
Room 4-066
UNOG-OHCHR, CH-1211, Geneva 10
SWITZERLAND
Fax: +41 22 917 9010
E-mail: rhada.hcr@unog.ch

5. Special Rapporteur on the Right to Food
c/o Sally-Anne Way
Assistant to the Special Rapporteur on the Right to Food
IUED, 24, rue Rothschild
CP 136, CH 1211 Geneva 21
SWITZERLAND
Fax: +41 22 906 59 83
E-mail: sally-anne.way@iued.unige.ch

6. Shri Justice A. S. Anand
Chairperson of the National Human Rights Commission
Sardar Patel Bhawan
Sansad Marg
New Delhi - 110 001
INDIA
Tel: + 91 11 2334 0891 / 2334 7065
Fax: + 91 11 2334 0016 / 2336 6537 / 2334 4113
E-mail: chairnhrc@nic.in

Sample letter:

Dear

Re: Almost 75,000 people are homeless after being forcibly evicted by the West Bengal government and the Kolkata Municipal Corporation

I have received, with great concern, the report that the government of West Bengal and the Kolkata Municipal Corporation forcibly evicted about 1,200 families (almost 75,000 people) without any rehabilitation plan, living along the canal side at the Bagbazar and Cossipore area on 15 December 2003.

The Government of West Bengal and the Kolkata Municipal Corporation did not give any notice of eviction to the residents and did not consider the legal status of the affected families who have been residing in that place for 40-50 years. As previous evictions, the administration mobilized heavily armed policemen and paramilitary forces and they destroyed the houses of the families while the men were absent for their work and only the women and children were left to face the brunt of the violent evictions.

However, this is only one more incident against poor urban people by the West Bengal administration. On 22 September 2001, about 20,000 people were evicted from Tolly Nullah. On 10 December 2002 another 40,000 people were evicted and on 2 Feb 2003 around 7,000 Untouchables were evicted from the Belilious Park, 129 Belilious Road, Howrah. On 18 December 2003, a 3 year old E. M. Shiva, who was one of 7,000 Untouchables evicted from the Belilious Park, died by starvation.

Even though, the Indian government has signed and ratified the International Covenant on Economic, Social and Cultural Rights (ICCPR) which clearly recognizes the right to adequate housing, the government has not observed its international responsibility of calling to account the West Bengal government and the Kolkata Municipal Corporation for their violations of the rights of its citizens.

Therefore, I urge the government of India to rectify these matters and instruct the government of West Bengal and the Kolkata Municipal Corporation to:

- resettle the eviction victims, including those who were previously evicted since 2001
- compensate the victims in accordance with international laws
- ensure the security and health of the victims and provide full and immediate assistance
- hold a dialogue with the affected families and some civil organizations in order to find a working solution
- stop all planned forced evictions without notification, and draw up a resettlement plan immediately

I look forward to hear of your intervention in this matter.

Yours faithfully,



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Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-85-2003
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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.