UPDATE (India): Arrested protesters released and compensation package offered to the affected villagers 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-164-2005
ISSUES:

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the arrest and atrocities perpetuated by the local police in league with the district administration on villagers protesting against the construction of a dam under the Bhilangana Hydel River Project in Tehri Garhwal District, Uttaranchal.

According to the latest information, activists and organizations associated with the Jan Caravan repeatedly approached the district administration for the release of dam activists besides giving a memorandum to the Chief Minister and other Secretaries. The activists who were arrested were finally released by the district administration on 30 November 2005.

The dam authorities have also offered a compensation package to the villagers though this is yet to be given in writing. The compensation package involves:

a) Rs 2.5 lakhs per year to be given to the Phalenda village and Rs 1.5 lakhs to be given to the Sarona village by the dam authorities for village development,
b) Afforestation programmes, fodder development and soil conservation programmes would be undertaken by the dam authorities,
c) Water would be made available to the villagers through a separate canal which would be provided by the dam authorities,
d) The dumping area of the dam is reduced to two from three.

The AHRC is pleased to note the actions taken by the district administration and the compensation package offered by the dam authorities. However, we still urge the Government of Uttaranchal to conduct the Environment Impact Assessment for the 22.5 megawatt plant so that a total analysis of the impact of this project on the livelihood and health of the villagers and on the environment can be carried out. We also urge the authorities to ensure that no further arrests of protesting villagers takes place and there are no atrocities committed against them.

BRIEF REMINDER OF THE CASE

The Bhilangana Hydel river project in Tehri-Garhwal District, Uttaranchal, was contracted by the Government of Uttaranchal (GOU) to Swasti Power Engineering Ltd, a private company owned by the brothers of Andhra Pradesh’s CM, Mr. RSR.

A contract between the GOU and Swasti Powers was signed on 21 March 2001 wherein Swasti Power was sanctioned an 11 megawatt project on the Bhilangana River for a 35 year lease period. This was given on the basis of completion of a survey and clearance of the EIA (prepared by Acres International) by the Ministry of Environment and Forests. It is to be noted that Acres International, which is a partner of Swasti Powers, was convicted for bribery in 2002 and has been blacklisted by the World Bank on charges of corruption and barred from being involved in any bank contracts for three years.

On 16 October 2003, another contract, this time for a 22.5 megawatt plant was signed between GOU and Swasti Powers for a 40 year lease period. However, when the capacity of the project was unilaterally doubled, the specifications also changed substantially.

It now appears that the GOU considered the short term profitability of the proposed investment and ignored the social and environmental costs that the communities living in that area would have to endure as a result of this project. This is reflected in the absence of any analysis of the socio-economic profile of the local population or mention of the impact on their livelihood, health and other aspects. The impact upon the environment too has been ignored. Apart from the fact that there is no EIA for the new project which is essential (since the last one was for a project of much less capacity), the present EIA makes no mention of the location of quarries required for construction materials, release of oils, greases, the nature of ribbon and ancillary development, the likelihood of heavy metal releases from turbine erosion and the impact of all these on the environment.

This project is said to directly affect the lives and livelihood of seven villages with a population of approximately 5000 people. This mainly includes farmers who have small plots of land and sustain their families on the two crops they are able to grow in a year due to the continuous supply of water from the Bhilangana River. It is alleged that this supply will now be controlled by Swasti Powers and released only as per the company’s calculations of the people’s needs.

The villagers have been protesting in Phalenda, Tehri District against this project and have made a list of demands. The police with help from the local administration arrested 120 protesters in March 2005 and another 79 in July 2005. Another 29 people have been arrested since November 20 for protesting against the violations of government norms. Women were beaten and abused, dragged by their hair and their clothes were torn. As a result of the beatings, some carried scars on their faces even three weeks after the brutality. Families of these protesters have been repeatedly harassed by the police.

SUGGESTED ACTION

Please send a letter to the authorities thanking them for the action taken and further urging them to conduct the Environment Impact Assessment for the 22.5 megawatt plant so that a total analysis of the impact of this project on the livelihood and health of the villagers and on the environment can be carried out.

 

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

SAMPLE LETTER

Dear _________,

Re: INDIA: Arrested protesters released and compensation package offered to the affected villagers

I have received updated information regarding the arrest and atrocities perpetuated by the local police in coalition with the district administration on villagers protesting against the construction of a dam under the Bhilangana Hydel River Project in Tehri Garhwal District, Uttaranchal.

According to the latest information, activists and organizations associated with the Jan Caravan repeatedly approached the district administration for the release of dam activists besides giving a memorandum to the Chief Minister and other Secretaries. The activists who were arrested were finally released by the district administration on 30 November 2005.

The dam authorities have also offered a compensation package to the villagers though this is yet to be given in writing. The compensation package involves:

e) Rs 2.5 lakhs per year to be given to the village -Phalenda and Rs 1.5 lakhs to be given to the village Sarona by the dam authorities for village development,
f) Afforestation programmes, fodder development and soil conservation programmes would be undertaken by the dam authorities,
g) Water would be made available to the villagers through a separate canal which would be provided by the dam authorities,
h) The dumping area of the dam is reduced to two from three.

I am pleased to note the actions taken by the district administration and the compensation package offered by the dam authorities. However, I still urge the Government of Uttaranchal to conduct the Environment Impact Assessment for the 22.5 megawatt plant so that a total analysis of the impact of this project on the livelihood and health of the villagers and on the environment can be carried out. I also urge the authorities to ensure that no further arrests of protesting villagers takes place and no atrocities committed against them.

Yours sincerely, 
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PLEASE SEND A LETTER TO:

1. Shri Narain Datt Tiwari
Chief Minister of Uttaranchal
Chief Minister Niwas, Circuit House
Old Annexe, Cantt. Road
Dehradun - 248 001
INDIA
Tel: +91-135-2665090/ 2665100 
Fax: +91 0135-2665722

2. Shri Namo Narayan Meena
Minister of State for Environment and Forests
R. No 101, Paryavaran Bhavan 
CGO Complex, Lodi Road
New Delhi-3
INDIA
Tel: +91-11-24362131 /24364791

3. Ms Kiran Choudhary Battacharya
Director General of Police
Police Head Quarters
12 Subhash Marg
Dehradun
Uttaranchal
INDIA
Email: dgp@ua.nic.in

4. 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.inn

5. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type : Urgent Appeal Update
Document ID : UP-164-2005
Countries : India,