[RE: AHRC-HAC-001-2017: Immediately stop demolition drive against Dalit and tribal hamlets in Rewa district of Madhya Pradesh
Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information from the Samaj Chetna Adhikar Manch, Dabhaura about the demolition drive against five Dalit and tribal settlements in Jawa block of Rewa District, Madhya Pradesh. The administration falsely promised the inhabitants of not demolishing their houses on the evening of 2 June 2017, and then demolished 40 houses in Chhipiya village. The AHRC has also learnt that on the plea of the affected people, the High Court of Madhya Pradesh has stayed demolitions until the hearing on the issue is completed. The High Court also slammed the administration for dillydallying on the lease applications by the villagers as well as the haste of the demolitions.
The AHRC strongly condemns the inhuman demolitions by the administration, leaving the residents homeless in temperatures over 45 degrees centigrade, as well as exposing them to disease in the wake of imminent monsoons. The AHRC urges the authorities to arrange shelter for the affected people immediately, and ensure that they are not harassed any further.
UPDATED INFORMATION:
On 31 May 2017, the local administration in Jawa block of Rewa district, Madhya Pradesh had served an eviction notice on some 150 Adivasi and Dalit families living in Chhipiya, Khairaha, Jirahua, Genduraha and Kota villages. The notice had given them a mere three days to evict or face demolitions. The affected residents rushed to the local authorities and pleaded with them not to go ahead with the demolitions as they would violate their rights and leave them to the vagaries of nature, with temperatures over 45 degrees centigrade and the imminent onset of the monsoon. The residents also informed the administration that most of them have government land leases. They also informed them that they have approached the High Court of Madhya Pradesh against the demolition drive.
In the wake of all these developments, the sub divisional magistrate of the area promised to halt the demolition drive in a meeting with the affected people on the evening of 2 June 2017. To the residents’ utter shock, the promise was reneged and 40 houses in Chhipiya village were demolished on the morning of June 3. The residents were also told that their lease documents, issued in 2002, were cancelled in 2006-2007, of which no notice was previously sent to them.
Aghast at such a betrayal by the authorities, the affected people approached the High Court of Madhya Pradesh, Jabalpur which stayed the demolition drive while hearing the case on June 5. The Court slammed the administration for giving a mere three days’ notice for eviction. The judge ordered the district collector to tell the court why no action was taken on lease applications given by the residents within 15 days. He also ordered the administration to not do anything until the hearings on the issue are completed.
SUGGESTED ACTION:
Please write to the authorities listed below, demanding intervention to ensure that the demolitions are stopped immediately. You may also ask them to ensure that all services are provided to the community.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Authorities demolish 40 houses in Chhipiya village of Rewa district, Madhya Pradesh
Identities of the victims: 40 families of Chhipiya village and many others from Khairaha, Jirahua, Genduraha and Kota villages in Jawa block of Rewa District, Madhya Pradesh
Identities of the perpetrators: Local government authorities
Place & Time of Incident: Jawa block, 2012-present
I am writing to you with grave concern regarding the demolition of 40 houses in Chhipiya village of Jawa block, Rewa district, Madhya Pradesh. As you might be aware, the local administration in Jawa block served an eviction notice on some 150 Adivasi and Dalit families living in Chhipiya, Khairaha, Jirahua, Genduraha and Kota villages on 31 May 2017. The notice gave them a mere three days to evict or face demolitions. The affected residents rushed to the local authorities and pleaded with them not to go ahead with the demolitions as they would violate their rights and leave them to the vagaries of nature, with temperatures over 45 degrees centigrade and the imminent onset of the monsoon. The residents also informed the administration that most of them have government land leases. They also informed them that they have approached the High Court of Madhya Pradesh against the demolition drive.
In the wake of all these developments, the sub divisional magistrate of the area promised to halt the demolition drive in a meeting with the affected people on the evening of 2 June 2017. To the residents’ utter shock, the promise was reneged and 40 houses in Chhipiya village were demolished on the morning of June 3. The residents were also told that their lease documents, issued in 2002, were cancelled in 2006-2007, of which no notice was previously sent to them.
Aghast at such a betrayal by the authorities, the affected people approached the High Court of Madhya Pradesh, Jabalpur which stayed the demolition drive while hearing the case on June 5. The Court slammed the administration for giving a mere three days’ notice for eviction. The judge ordered the district collector to tell the court why no action was taken on lease applications given by the residents within 15 days. He also ordered the administration to not do anything until the hearings on the issue are completed.
I want to add that the demolition notice does not merely expose these 150 families to the vagaries of the nature, it also violates the rights of the inhabitants living in these villages for up to 30 years. The notice also flouts the Madhya Pradesh Land Revenue Act, 1959, section 162 of which promises regularization of all long time settlements (amended in 2013, purposefully for residential and agricultural purposes).
The Act guarantees tenancy rights of almost all the villages put on notice, as evidenced by the amenities extended to them by the state government over the years. Chhipiya for instance, is a decades old hamlet that has been provided electricity by the government. The authorities have also built toilets in the village and have enrolled residents under the Pradhan Mantri Awas Yojna, promising home allowance of Rupees 1.5 lakh per family. Almost all of the adult residents of the villages are registered voters and have exercised their voting rights in more than four parliamentary elections.
Further, the promise of the regularization of such hamlets was part of the 100 days agenda of the Madhya Pradesh government when it got elected. The eviction notice thus shows the government reneging on its promise. The notice also flouts the Madhyapradesh Arthik Roop se Kamjor Tatha Nimn Aay Varg Ko Aawas Garantee Vidheyak 2017 (or Madhya Pradesh Housing Guarantee for Economically Weaker Sections and Low Income Groups Act 2017), recently passed by the assembly. The Act guarantees a house of 25 square meters or residential plot of land of 45 square meters in areas under the municipal corporations, and in other locations, a residential plot of 60 square meters.
This demolition drive also violates specific international obligations, including Article 11(1) of the International Covenant on Economic Social and Cultural Rights (ICESCR), Article 17(1) of the International Covenant on Civil and Political Rights, and General Comment No. 4 of the Committee on Economic, Social and Cultural Rights. International legal opinion also holds the right to adequate housing as a justiciable and enforceable right as acknowledged by the Special Rapporteur in a report to the 58th session of the Commission (E/CN.4/2002/59).
I therefore urge you to ensure that:
1. The demolition and eviction notice served just before the onset of monsoons and imperils even physical security of the inhabitants, is immediately withdrawn and the drive is stopped;
2. An independent inquiry is set up to investigate the anti-people process for forceful eviction in this case, particularly the ones who led demolitions of 40 houses in Chhipiya, by violating section 162 of Madhya Pradesh Land Revenue Code, 1959; and those found guilty are prosecuted;
3. The 40 families whose houses have already been demolished are compensated and rehabilitated immediately;
4. No eviction/demolition drives are carried out in any form without having a legal framework for giving housing rights with dignity to such rural families.
5. Ensure that the authorities respect the obligations of India as a state party and ensure that the protections offered to its citizens under the International Covenant on Economic Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights are implemented.
I look forward to your prompt action in this matter.
Yours sincerely,
_______
PLEASE SEND YOUR LETTERS TO:
1. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax: +91 11 2338 4863
E-mail: chairnhrc@nic.in
2. The Registrar,
Supreme Court of India,
Tilak Marg
New Delhi-110201
INDIA
FAX 011-23381508
e-mail :- supremecourt@nic.in
3. Thaawar Chand Gehlot,
Minister,
Ministry of Social Justice and Empowerment,
Government of India
Shastri Bhawan,
Dr. Rajendra Prasad Marg, New Delhi
Ph: +91 11- 23381001
Fax: +91 11-23014432
E-mail: min-sje@sb.nic.in
4. Chairperson,
National Commission for Scheduled Castes,
Lok Nayak Bhawan, Khan Market,
New Delhi – 110003
INDIA
FAX: 91-11-24632298
Email: chairman-ncsc@nic.in
5. Mr. Shivraj Singh Chouhan
Chief Minister
Government of Madhya Pradesh
Bhopal, Madhya Pradesh
INDIA
Fax: + 91 755 2441781; 2540501
Email: cm@mp.nic.in
6. Shri Basant Pratap Singh
Chief Secretary,
Government of Madhya Pradesh,
Bhopal, Madhya Pradesh,
India.
Fax: +91 755 2441751; 2441521
Email: cs@mp.nic.in
7. Shri Rahul Jain
District Collector
Collectorate
Rewa
Madhya Pradesh
INDIA
Fax: 07662-242806
Email: dmrewa@mp.nic.in
Thank you
Hunger Alerts Programme
Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)
