INDIA: Slavery flourishing under police protection in
Varanasi, Uttar Pradesh State
URGENT ACTION URGENT ACTION URGENT ACTION URGENT
ACTION
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 Indias 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.
--------------------------------
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 Bhagwatis 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,
----------------
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: [EMAIL PROTECTED]
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: [EMAIL PROTECTED]
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: [EMAIL PROTECTED]
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: [EMAIL PROTECTED]
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: [EMAIL PROTECTED]
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: [EMAIL PROTECTED]
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: [EMAIL PROTECTED]
Thank you.
Urgent Appeals Programme ([EMAIL PROTECTED])
Asian Human Rights Commission ([EMAIL PROTECTED])
Posted on 2006-02-25
Back to [2006 Urgent Appeals]
DR.LENIN (ASHOKA FELLOW) & Shruti,
PVCHR, SA4/2A, DAULATPUR, VARANASI-221002,UP,INDIA.PH.:+91-542-2586688
Mobile:+91-9935599333
Please visit:
http://www.universalrights.net/heroes/display.php3?id=101
www.pvchr.org
www.webspawner.com/users/pvchr
www.pvchr.blogspot.com
www.sapf.blogspot.com
www.antiwto.blogspot.com
www.rtfcup.blogspot.com
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