Dear friends,
The Asian Human Rights Commission (AHRC) has learned that the administration authority has been neglecting their duty to implement social security schemes for the poor thereby failing to ensure freedom from starvation and hunger. After Mr. Laxman Jagat, a resident of Kuliadongri village Karanbaheli Panchayat, Sinapali block of Nuapada district died of starvation and illness on November 25, 2011, the administration was strongly urged to take proper steps to provide rice and other services in accordance with laws and policies by the affected villagers as well as civil society. It is found that the administration failed to provide food grains since July 2011 under the Public Food Distribution System (PDS). There has been no agricultural work due to drought through a year, yet the administration failed to create work for food in accordance with the MGNREGS (National Rural Employment Guarantee Scheme). While the poor in this drought-hit area found it extremely difficult to manage food, the administration engaged in corruption and were negligent by not implementing available social security programs targeted for the poor, widows, and elderly. In addition, despite several complaints from the villagers earlier, the administration has never responded to the villagers but pledged to provide rice only after the villagers caught the truck by which the Marketing Inspector of the block and Executive Officer of Panchayat tried to sell the government subsidized rice to the market. Yet, the administration failed to keep their promise. Even after Mr. Laxman’s death was reported, the administration provided rice for two villages and partially one village only, failing to fully implement relief in all affected areas. More villagers, widows, children and elderly especially, may face the same fate as Mr. Laxman had to.
CASE DETAILS:
Photo of late Mr. Laxman Jagatf below.
On November 25, 2011, Mr. Laxman Jagat died. He was survived by his wife, a child and 80 year old-mother. He was a rickshaw driver in Raipur, a bit far away from his village from which he could hardly manage sufficient food for the family. The Below the Poverty Line (BPL) card in his parents’ name gives 30 kilograms of rice monthly that is distributed among his family and his brothers’ families. He got ill in October getting weaker and could not drive a rickshaw. His wife had to go to Raipur to get food along with a small daughter.
Rice distribution to the BPL card holders stopped in July. Most of the BPL cards in the village show the last entry on July 11. Due to drought through a year, the poor villagers could not get any agricultural work this year. Neither could Laxman. He expected to get a job under the MGNREGS, but no valid. Instead he got ill due to hard labour and lack of energy, which eventually took his life. While he was sick, his wife carrying her daughter went for seeking food. He died without getting any treatment and proper meals.
While Laxman was dying, the villagers made several complaints to the administration asking for rice distribution. They have reported about these irregularities to the Block Development Office (BDO), CSO and even the district Collector. Yet no one responded. There was rice rotting in godown, whereas the administration did not listen to the poor villagers. On September 21, they found the Marketing Inspector of the block and the Executive Officer of the Panchayat who tried to transport 62 bags of rice from the godown by truck without knowledge of the Panchayat head. The villagers informed the police and the Executive Officer alone was sent to jail.
On September 22, the Marketing Inspector assured that rice would be distributed to the BPL holders, which did not happen. On October 10, the villagers again submitted a complaint to the BDO. The officer promised to distribute rice within a week, but did not. On October 23, the complaint was sent to the Collector and the Chief Secretary Officer but, again no step has been taken. On November 17, the Executive Officer of neighboring Panchayat came to the village and distributed 125 quintals of rice in total, which was far less than what is required.
Karanbaheli Panchayat has a quota of 273 quintals of rice per month and it was more than 1000 quintals for four months between July to October that the administration failed to provide. 16 out of 125 quintals was given to Karanbaheli village. The villagers currently demand rice distribution for four months which they are legally entitled to get.
Furthermore, rice was distributed only in two villages i.e. Kuliadongri and Karanbaheli and partially in Chandel village. The villagers of Badibahal and Dongriguda of Karanbaheli Panchayat have not yet received their quota. Mr. Madhusudan Padhi, Secretary, of the concerned department wrote in a mail that, “the rice (about 400 quintals) has been siphoned off….. the district administration had been asked to ensure distribution.” He also instructed the district administration to ask for the same quantity from Government and assured that the matter would be followed up. Yet, no further step has been taken so far. In neighboring Panchayat, Kusumjore was also found that the BPL families have not received foodgrain for months.
ADDITIONAL IMFORMATION:
The late Laxman’s family is not the only one facing extreme poverty and starvation in this area. It is broadly found that many poor villagers confront starvation under the same circumstances. Drought brought more difficulties to the poor and the vulnerable groups like widows or elderly. The government did not pay special attention to drought and rather enjoyed more corruption and negligence. Failure of rice distribution is not the only problem to be raised. The overall social security system has been collapsed by the corrupt and mal-functional administration.
Mr. Durbal Nag of the village with BPL number 3656 may face same fate. His wife said, “Agriculture labour is not available in the village, where I could have earned money to feed my husband and son.” Mr. Durbal has been bedridden for one month. Durbal’s only son is an orthopedically challenged. Durbal’s wife cannot go out of the village to find employment leaving the sick husband at home. Durbal is in his 60’s but no social security scheme supports him and his family.
The situation of Ratnakar Nag (55 years old) and his mother Bijli (85 years old) is pitiable. Ratnakar is unable to work since last 3 months. His mother cooks food looking after him. The only source of income is the Old Age Pension (monthly 200 rupees, USD 3.78). Without subsidized rice by the PDS, the family is not able to purchase enough rice in open market.
Mr. Khetra Chinda of Chindapada in Badibahal village of Karanbaheli Panchayat died in a brick kiln in Hyderabad in 2010. His wife Rama returned to the village with her children after his death. None of the children go to school currently. Rama used to go to another village to do agricultural labour leaving the children with the old mother in law. Rama has not yet been provided the government support like National Family Benefit Scheme targeted for the family who lost bread earner or widow pension. Her agricultural labor cannot make sufficient food for her family and drought hit this year would expectedly make situation worse.
SUGGESTED ACTION:
Please write a letter to the government agencies below to express your concern about the poor who face starvation and deaths in Nuapada district due to collapse of social security programs caused by corrupt administration. Please note that the administration had not responded to the complaints by the villagers who have not received subsidized rice suffering from lack of agricultural work due to drought through a year.
The AHRC is writing separately to the UN Special Rapporteur on the right to adequate food.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Call for end up corruption and negligence causing starvation and death to the poor in Odisha
Names of the affected:
1. Mr. Laxman Jagat, died of starvation and illness, a resident of Kuliadongri village Karanbaheli Panchayat, Sinapali block of Nuapada district
2. BPL families in Sinapali block who have not received subsidised rice for months
3. Widows and elderly who have not received other social security schemes such as widow pension, old age pension, etc.
Place of incident: Sinapali block of Nuapada district, Odisha
Date of incident: 2011
I am writing to you to express my deep concern about the poor who have died facing starvation and relevant sicknesses in 2011, and those who are still on the threshold of death due to hunger and hunger induced sicknesses in Odisha.
It is very regretful to hear that at the end of the year, Mr. Laxman died suffering hunger and illness on November 25 and others face similar fate. I would like to throw a question that what you have been doing while people suffer from starvation and end up with death.
As you must know, there have been reports about deaths through a year in Odisha. Those who died of sicknesses suffering from starvation always confronted neglect of the administration officials excluded from the social security programs which they were entitled to get, by the moment they died, or even after death.
I have observed so far that when we report the death to you asking for attention and remedy, the administration authority often tried to find a way to avoid responsibility by saying that they did not die of starvation but died of sickness. Or the administration provided little rice and money either by charity or in accordance with existing schemes after death, and suggested that you committed your mandate. At the end, your authority and relevant officials enjoy impunity from the administrative and moral responsibility for contribution to starvation death. In many cases, your authority does not even listen to the complaint from the poor or vulnerable groups like tribe, widows, or elderly. There has been no exception so far, neither is this case.
Thus, I am not writing to you to know if Mr. Laxman died of starvation by post-mortem, by which you may suggest that he did not die of starvation as his stomach was not completely empty. Certainly, this is not the way to interpret what hunger is and to prove how one dies suffering from hunger. I am writing to urge you to commit full implementation of government schemes and policies targeting the poor and vulnerable groups under your jurisdiction, which is no more than the administrative and legal mandate as a government official. I am not asking something beyond your mandate, but asking not to enjoy corruption and impunity beyond your mandate. When you enjoy them, the poor die in your country.
I am aware from previous complaints sent to you that Nuapada district administration and Sinapali block authority have never properly responded to the complaints since August. The villagers of Sinapali block have been facing drought through a year which made the poor more difficult to get food from agricultural work. Agricultural work was not available and the government did not offer any job under the rural employment scheme - MGNREGS. Even worse, rice distribution stopped since July. Many had to go for migration seeking food.
The villagers have reported about these irregularities to the Block Development Office (BDO), CSO and even the district Collector. Yet no one responded. There was rice rotting in godown, whereas the administration did not listen to the poor villagers. On September 21, they found the Marketing Inspector of the block and the Executive Officer of the Panchayat who tried to transport 62 bags of rice from the godown by truck without knowledge of the Panchayat head. The villagers informed the police and the Executive Officer alone was sent to jail.
On September 22, the Marketing Inspector assured that rice would be distributed to the BPL holders, which did not happen. On October 10, the villagers again submitted a complaint to the BDO. The officer promised to distribute rice within a week, but did not. On October 23, the complaint was sent to the Collector and the Chief Secretary Officer but, again no step has been taken. On November 17, the Executive Officer of neighboring Panchayat came to the village and distributed 125 quintals of rice in total, which was far less than what is required.
Karanbaheli Panchayat has a quota of 273 quintals of rice per month and it was more than 1000 quintals for four months between July to October that the administration failed to provide. 16 out of 125 quintals was given to Karanbaheli village. The villagers currently demand rice distribution for four months which they are legally entitled to get.
Furthermore, rice was distributed only in two villages i.e. Kuliadongri and Karanbaheli and partially in Chandel village. The villagers of Badibahal and Dongriguda of Karanbaheli Panchayat have not yet received their quota. Mr. Madhusudan Padhi, Secretary, of the concerned department wrote in a mail that, “the rice (about 400 quintals) has been siphoned off….. the district administration had been asked to ensure distribution.” He also instructed the district administration to ask for the same quantity from Government and assured that the matter would be followed up. Yet, no further step has been taken so far. In neighboring Panchayat, Kusumjore was also found that the BPL families have not received foodgrain for months.
While the administration was neglecting their duty for the poor, Mr. Laxman died on November 25. He was a rickshaw driver living with his wife, a daughter and 80 year-old mother. The BPL card in his parents' name gave 30 kilograms of rice a month which was distributed among his family and his brothers'. He also expected the government to offer job under the scheme as drought hit the area but no job was available. After rice distribution stopped in July, he found extremely difficult to manage food and life, and got ill in October.
I am of the opinion that Laxman's death clearly explains how the government's neglect and corruption drives a poor to death. I am aware that there are more villagers who face same fate, children, widows and elderly especially.
I therefore, urge you to provide all delayed foodgrain and other social security schemes to all beneficiaries under your jurisdiction. The administration should take immediate step to implement all to prevent further death and hunger. It is not enough to send one official with some rice to the affected areas reported, but as your legal and administrative mandate, your authority should commit exactly what laws and policies say. I will continuously monitor and inform to the international society who is more concerned about hunger and food insecurity in India. I would like to remind you of the fact that the Government of India is legally binding to the international human rights laws and state governments and local administrations are the ones who are the main duty bearers to ensure freedom from hunger in national and international context.
I look forward to your immediate response in this matter.
Sincerely yours,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Naveen Patnaik
Chief Minister
Naveen Nivas, Aerodrome Road
P.O.Bhubaneswar
751001 Odisha
INDIA
E-mail: cmo@ori.nic.in
2. Mr. B.K Patnaik
Chief Secretary, Panchayati Raj
Government of Odisha, Bhubaneswar
Odisha
INDIA
E-mail: csori@ori.nic.in
3. Arti Ahuja
Commissioner-cum-Secretary
Women and Child Development Department
Government of Odisha
INDIA
Fax: +91 674 2396 756
Email: wcdsec.or@nic.in
4. Anu Garg
Commissioner-cum-Secretary
Department of Health and Family Welfare
Government of Odisha
INDIA
FAX: +91 674 240 0674
Email: orhealth@ori.nic.in
5. Bishnu Prasad Panda
Collector of Nuapada District
Collectorate
Nuapada Tanwat, Nuapada District
Odisha 766105
INDIA
Fax: +91 6678 223465
E-mail: dm-nuapada@nic.in
6. Secretary
Orissa Human Rights Commission,
Toshali Bhawan(2nd Floor),Satyanagar,
PO:Satyanagar,
Bhubaneswar-751007
Odisha, INDIA
Fax: +91 674 257 2010
Email: ohrc@nic.in
Thank you.
Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)
