-- AHRC Urgent Appeals Desk (UA-29-2005)

24 February 2005

Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned by the illegal eviction of a Dalit family by about 15 armed non-Dalit villagers which took place in Balli Kripal Pur village, Tehsil Bikapur sub-district, Faizabad district, Uttar Pradesh, India on 8 July 2004. The family members are now living in a desperate situation after losing all their possessions. They also live in fear of a second attack by the perpetrators as they are pursuing the case in the court.

Although the evicted family reported the incident to the Tarun Police Station, the police refused to file a case. The family then lodged complaints with the National Commission for Scheduled Castes, the Uttar Pradesh State Human Rights Commission, the Chief Minister of Uttar Pradesh and District Magistrate of Faizabad regarding the incident. Needless to say, there has been no action taken by these authorities to investigate the case or to arrest the attackers.

We urge your urgent intervention in this matter. Please urge the local authorities to inquire about this incident so that the perpetrators are brought to justice without delay. Please also urge them to provide compensation and relief to the evicted family and take legal action against the police officers and public servants who wilfully neglected their duties in this case.

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

Name of the victims:
1. Babu Lal, 55 years old, son of Guruddin, farmer and married with two sons and three daughters, belongs to the Chamar Community of Dalits [Untouchable]
2. Prem Kumar (Babu Lal's son)
3. Mantora (Babu Lal's wife)
4. Kamlesh (Prem Kumar's wife)
5. Other family members of Babu Lal
Place of incident: Balli Kripal Pur village, Tehsil Bikapur sub-district, Faizabad district, Uttar Pradesh, India
Alleged perpetrators:
1. Ramjeet, son of Rampher, belongs to Kurmi family
2. Mansha Ram, son of Jagmohan, belongs to Kurmi family
3. About 13 other armed men belonging to the peasantry community in the village
4. Officers attached to the Tarun Police Station, Tehsil Bikapur, Faizabad, India
Date of incident: 8 July 2004

Case details:

At around 11:00am on 8 July 2004, about 15 villagers armed with guns and other weapons, belonging to the peasantry community, came in a jeep (no 5286) to the house of Babu Lal in Balli Kripal Pur village, Tehsil Bikapur sub-district, Faizabad district, Uttar Pradesh, India. Babu Lal, a landless farmer belonging to the Chamar community of Dalits, was not at home at that time; only his wife Mantora, his son Prem Kumar and his daughter-in-law Kamlesh were present.

Some of the armed villagers severely beat Mantora, Prem Kumar and Kamlesh and then forced them to sign a blank piece of paper. Meanwhile, other villagers demolished Babu Lal's house and took all his possessions. Among them were Ramjeet (son of Rampher) and Mansha Ram (son of Jagmohan), both of whom belong to the powerful Kurmi family, which is part of the village's peasantry community. Although the attack took place during daylight, the attackers left the house without any fear or obstruction.

After the incident, Babu Lal's family, along with other Dalit villagers rushed to the Tarun Police Station--located within three kilometres from the victim's house--to lodge a complaint. The police refused to file a case however, allegedly saying, "It is your problem. We would not like to be a party to your game. We don't want to come there even for urinating". Even when Mrs. Karmpati Devi, the Sarpanch [head of village administration] went to the police station to ask the police to take action regarding this matter, they refused to do anything.

Babu Lal then lodged complaints with the National Commission for Scheduled Castes, the Uttar Pradesh State Human Rights Commission, the Chief Minister of Uttar Pradesh and District Magistrate of Faizabad regarding the incident. Needless to say, there has been no action taken by these authorities to investigate the case or to arrest the attackers.

Although Babu Lal took the case to the local magistrate court where it is currently pending, Babu Lal is skeptical as to whether his family can get justice. He says that the judicial system in India is too slow and has criticized the inaction of local authorities regarding his case under the pretext that the matter is in the court. Since the incident, Babu Lal and his family have lost all their possessions and live in a desperate situation. They are staying in a small hut together with another Dalit family. The family also lives in fear of a second attack by the perpetrators as they are pursuing the case in the court.


BACKGROUND INFORMATION:

Thirty-three per cent of the Balli Kripal Pur village population consists of the Chamar community of Dalits (343 persons out of 1018). In 1997, due to its high population of Dalits, the village was declared as an Ambedkar village under the development scheme for Dalit villages designed by then Chief Minister Ms. Mayawati, herself a Dalit. By being so designated, the state government was required to provide landless Dalits in the village land entitlement for their houses in a specially designated residential area and other facilities including the building of roads.

Under this scheme, 40 landless Dalit families, including Babu Lal's family, were given land for their houses by the Sarpanch on 26 March 2003. However, this was not welcomed by the peasantry community, including the influential Kurmi family. As Babu Lal was granted land at an area (no. 569) located in front of Mr. Jagmohan's house, who is a member of the Kurmi family, him and other non-Dalit villagers created trouble during the ceremony on March 26 when government officials were to grant land entitlement to Babu Lal. Therefore, the ceremony was completed on March 30 in the presence of district magistrate Mr. Alok Kumar. Mr. Kumar assured that action would be taken against all those who attempted to interfere with the given to the Dalits.

Local human rights groups are concerned that Babu Lal's case was initiated by the non-Dalit community as an example to other Dalits in the village. They are concerned that if this case is not adequately addressed it will trigger severe violence amongst the two village communities, which can then spread to other areas. Since Ms. Mayawati's party representing Dalits and other marginalized communities lost the 2004 election to a party that represents the interests of the peasantry and other powerful castes, violence against the Dalits and tension in the village has increased.   

While the Scheduled Caste-Scheduled Tribes Prevention of Atrocities Act (1989) gives special protection to marginalized communities, including in regard to land being forcibly taken away from them, the act is never used. In most cases the police refuse to entertain complaints made by Dalits, and if by chance they do register a complaint, they do so under other legislation.

SUGGESTED ACTION:
Please send a letter, fax or email to the addresses below and express your concern about this serious case.

Sample letter:

Dear ___________,

Re: INDIA: A dalit family evicted from their house suffers from inaction of the local authorities

Name of the victims: 1) Babu Lal, 55 years old, son of Guruddin, farmer and married with two sons and three daughters, belongs to Chamar Community of Dalits , 2) Babu Lal's family
Address of the victim: residing in Balli Kripal Pur village, Tehsil Bikapur sub-district, Faizabad district, Uttar Pradesh province, India
Alleged perpetrators:
1) Ramjeet, son of Rampher, belongs to Kurmi family, 2) Mansha Ram, son of Jagmohan, belongs to Kurmi family, 3) About 13 other armed attackers belong to peasantry community in the village, 4) Tarun police in Tehsil Bikapur, Faizabad, India, who refused to file the case
Date of incident: 8 July 2004

I was disturbed to hear that Babu Lal, a farmer belonging to the Chamar Community of Dalits and his family was forcibly evicted by about 15 armed non-Dalit villagers from their house in Balli Kripal Pur village, Tehsil Bikapur sub-district, Faizabad district, Uttar Pradesh, India on 8 July 2004. The family's house was demolished by the attackers and they are now living in a desperate situation after losing all their possessions.

The family lodged a complaint to the Tarun police, but they refused to file the case. The other concerned authorities, including the National Commission for Scheduled Castes, the Uttar Pradesh State Human Rights Commission, the Chief Minister of Uttar Pradesh and the District Magistrate of Faizabad, have done nothing about this matter despite complaints having been lodged with them. There has been no attempt to arrest the perpetrators.

I therefore urge you to:

1. Instruct that a First Information Report (FIR) of this case is filed against the perpetrators under the provisions of SC/ST (Prevention of Atrocities) ACT 1989.
2. Provide adequate and immediate compensation and relief to the family members of the victim as per provisions of the Rule 12 of SC&ST (Prevention of Atrocities) Rule 1995.
3. Take legal action against the police officers and public servants who wilfully neglected their duties in this case according to the SC&ST (Prevention of Atrocities) Rule 1995.
4. Take genuine action to strictly implement SC/ST (Prevention of Atrocities) ACT 1989 and the SC&ST (Prevention of Atrocities) Rule 1995.
5. Take concrete and effective steps for the sustainable economic development of Dalits in the area and enforce the welfare laws regarding the landless farmers in the area.

I look for your urgent intervention in this matter.

Yours truly,


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SEND A LETTER TO:

1. Chairman
National Commission for Scheduled Castes
5th Floor, Loknayak Bhawan,
Khan Market,
New Delhi-110 003
Tel: +91 11 2 4632298 / 2 4620435
E-mail: chairman-ncscst@ncscst.nic.in

2. Mr Mulayam Singh Yadav
Chief Minister of Uttar Pradesh
Chief Minister's Secretariat
Lucknow
Uttar Pradesh
INDIA
Fax: + 91-522-2230002/2239234
Email: cmup@up.nic.in

3. Justice A. S. Anand
National Human Rights Commission
Sardar Patel Bhaven, Sansad Marg
New Delhi 110 001
INDIA
Tel: + 91 11 23346244
Fax: + 91 11 23366537
E-mail: ionhrc@hub.nic.in or chairnhrc@nic.in

4. Justice A P Mishra
Chairperson
Uttar Pradesh Human Rights Commission
Lucknow
Uttar Pradesh
INDIA
Tel: + 91 522 2726742
Fax: + 91 522 2726743
Email: uphrc@sancharnet.in

5. Mr. Doudou Diene
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
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 (AHRC)