www.asianage.com/columnists/no-respect-human-life-496

Asianage

06JAN2014
No respect for human life

Teesta Setalvad <http://www.asianage.com/teesta-setalvad-495>

*Modi’s statement that ‘relief camps are baby-making factories’ has become
iconic of state abdication and cruelty. Uttar Pradesh chief secretary’s
claim that “no one dies of cold; go check Siberia” has joined this cruel
iconography.*

No man’s land is land under international law, land between nations or
disputing parties, land under dispute, where uncertainty and ambiguity
govern, land that no authority or state controls but significantly where no
laws, national or others, apply.

Internally displaced persons (IDPs), especially those displaced by man-made
tragedies, deliberate plans of development or natural disasters are
recognised as among the world’s most vulnerable people because they have
not crossed international borders but remain under the protection of their
own government, even though the government’s abdication of its fundamental
duties and people’s rights may be the cause of their desperate flight.
Responsibility for their welfare must and should rest with the state.
However, the culture of impunity prevalent in a country that has failed to
book powerful state actors for their fundamental failure in governance — to
protect, without prejudice or bias, the lives of the poor and
underprivileged as much as the politically shrill and powerful — has
blurred responsibility for the plight and conditions of IDPs.
In 2002, as 1,68,000 IDPs were forcibly and cruelly evicted from their
homes by marauding mobs in Gujarat, Citizens for Justice and Peace (CJP)
supported a PIL that finally ensured that the Gujarat state accepted
responsibility for the rations (grains, tea, milk and sugar) that was until
then being borne by community organisations. The plight of those who were
forced to live as cattle herd in essentially difficult conditions was made
worse by the state’s desperate rush to hold elections. This meant “cleaning
up” the blood and gore by forcibly closing the camps.
Eleven years later, the response of the state, under a different political
dispensation, after the violence in Uttar Pradesh’s four districts of
Muzaffarnagar, Shamli, Meerut and Baghpat, is worse.
Faced with five petitions in the Supreme Court, and keen to maintain the
gloss on its blemished image, the nine reports filed by the Uttar Pradesh
government are obfuscations of the reality on the ground. As lead
petitioners in one of the cases, we have submitted proof that the reports
of the district officials contradict what the state is officially
submitting to the highest court of the land.
Over 33,000 people forcibly displaced from their homes by the terror
unleashed by a more powerful Jat community are today living on open state
and Central government land and private residences. Those in “camps” live
in sub-human conditions — many were living in tents, in bitter cold and
rain and this resulted in several deaths — until they were forcibly
evicted. Nineteen camps in Shamli district and two in Loi were and are
testimony to the gross abdication of state responsibility. Food and
clothing was donated generously by private individuals; state presence in
distribution was limited to a fortnight except the packets of milk that
continued to come to Mallakpur relief camp until recently. (In
September-October 2013 the numbers were 45,000).
Even as the state cynically carried out forcible evictions, three-year-old
Uvez died in the Manna Majra camp on Christmas Eve, December 24, 2013. The
affidavit filed before the Supreme Court in mid-December contains the names
of 23 children and adults who had died in the camps because of ailments
related essentially to the inhuman conditions in sub-human temperatures.
Two twin baby girls died within hours of being born as far back as
September 10, 2013, at the Jaula camp. Days before we travelled again
through the camps where it is impossible to stay after 5 pm, when wind and
cold settles in, two-day-old Chhotu (he was not given a name), son of
Manga, died; one-day-old Chhotu (again, he was not even given a name), son
of Azad, died at Phugana on November 28, 2013.
A few kilometres away from the Mallakpur camp is a colony of re-settlers,
displaced by a flood 30 years ago. The state has no desire to vacate them
from their irregular habitats and these colonies in Rathoda, Baghpat and
Soop-Silana have become their permanent home.
Both sets of IDPs had to make homes on forest/state government land, yet
the state appears to be treating the two sets of IDPs differently. Why?
What is worse? Death by mob violence (over 80 dead and a few dozen missing)
or those deaths that were avoidable and yet took place under the state’s
redoubled watch in these camps?
Narendra Modi’s statement on September 9, 2002, at the temple town of
Becharaji in Mehsana, the launching pad of his Gaurav Yatra and 2002
election campaign, that “relief camps are baby-making factories” has become
iconic of state abdication and cruelty. And Mulayam Singh Yadav’s sickening
statement that “those in relief camps are Congress and BJP workers” and his
chief secretary’s claim that “no one dies of cold; go check Siberia” have
joined this cruel iconography.
Pushed by outrage and criticism, and the findings of a government
committee, the Uttar Pradesh government was compelled, three days after
Mr Yadav’s irresponsible comments, to admit that 34 deaths had indeed taken
place in the relief camps between September 7 and December 20.
As we have pleaded in the petition, the Supreme Court should appoint a
court commission (like it did at the time of the right to food petition) to
ensure regular and impartial monitoring of the ground situation and
feedback to the court. Though 436 FIRs have been filed in Muzaffarnagar,
little action has been taken. Powerful accused with allegiance to the BJP,
like Sangeet Som, have not just been released on bail but were even
felicitated in Agra with the PM-in-waiting in tow. Chilling accounts of
brutal sexual violence on 19 girls and women await legal and judicial note
and redressal.
Responsibility for the protection of fundamental rights (right to life,
property and protection before the law) under the Indian Constitutional
lies not just with the state government, but ultimately also with the
Centre. At least as far as the IDPs are concerned what stopped the Centre
from calling in the Army to ensure that our own people, little babies and
pregnant women (there are over 100 in the camps) are well fed, clothed and
protected from the cold? The same obduration that cuts across party lines,
and the fact that our political elites have little respect for human life.
It is this bitter reality that impelled a movement in this country to
demand the enactment of a law that fixes responsibility for perpetrated and
mass communal violence and humane rehabilitation — the Prevention of
Communal and Targeted Violence (Right to Justice and Reparations) Bill.
Strident opponents of the bill, including the forces that have benefited
from communal polarisation, have so far succeeded in bullying the Centre
from even tabling the proposed law for discussion. It remains to be seen if
this UPA government, though floundering and weak, will keep the promise
made in its Common Minimum Programme in 2004, and at least table the
proposed legislation in the Rajya Sabha, to then be debated under the next
dispensation.

* The writer is a journalist, legal rights activist and secretary of
Citizens for Justice and Peace*




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