INDIA: Arbitrary police raids of the houses of a human rights activist and poor peasants in Varanasi, Uttar Pradesh state

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-101-2007
ISSUES: Arbitrary arrest & detention,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner the People’s Vigilance Committee on Human Rights (PVCHR) based in Uttar Pradesh, India, regarding the police raid of the house of a human rights activist and poor peasants. It is alleged that the peasants have been falsely implicated in criminal offences while they were opposing the payment of a water tax as they have not been receiving water for irrigation for the last 3 years from the canal passing through their villages.  
 
CASE DETAILS:

According to the information received poor peasants of several villages namely Badepur, Dhebhuaha, Nagapur under Badagaon Block and Pindrai, Chuppepur, Aswalpur under Pindra Block in Varanasi district have been deprived of water to irrigate their fields and crops.  It has been informed that there has been no water supply through the canal passing through these villages in spite of the continuous demands of villagers. Due to lack of water the farmers of this area have been facing hard times for the past three years. In spite of this authorities are forcefully collecting water tax from villagers. Peasants of this area are opposing the payment of water tax as they are alleging that they have been deprived of water for last 3 years. Time and again authorities will visit the villages and threaten the villagers that if they do not pay the water tax they would be sent to jail. Meantime 4 children of Badepur village in Badagaon Block died of hunger and malnutrition.

On 25 November 2006, peasant farmers of this area organized a protest march and demanded water supply through the canal but nothing was done by the authorities. Then again on 1 December 2006 the villagers buried the effigy of the Minister of Irrigation of Uttar Pradesh in the canal to draw the attention of authorities towards their problem but again it went unnoticed.
 
On 12 December 2006 villagers submitted a memorandum before the District Magistrate of Varanasi to exempt them from the payment of water tax. After that Additional District Magistrate (administration) Varanasi gave assurance that if farmers were not getting water for irrigation then they should be exempted from the payment of water tax. Again on 27 December 2006 the peasants complained to Jiledar ‘VI’ Varanasi, Irrigation Division of Jaunpur. At this he also assured that he would enquire into the matter and would ask the responsible persons that if the peasants were not getting water then they should be exempted from the payment of water tax.

Again on 2 January 2007 villagers complained to the Sub Divisional Magistrate (SDM) Pindra to exempt them from the payment of water tax. The SDM wrote to the Station Officer of Phulpur police station and to the concerned authority of the irrigation department to furnish a report in this respect. Again on 3 January 2007 villagers complained to the District Magistrate of Varanasi. The District Magistrate forwarded the complaint to the concerned executive engineer of the irrigation department. Here it should be noted that this was the peak time for irrigation but ironically all efforts made by the villagers proved to be fruitless and nothing was done to supply them water to irrigate their fields and crops.

But on 10 January 2007 an Amin (A lower official who collects revenue in villages) went in Chuppepur village of Pindra Block to collect the water tax. Annoyed, the villagers asked him to go. But the Amin threatened them and asked to pay the water tax otherwise that he would inform the police and that he would ask the police to beat-up the villagers and collect the water tax and later put then in the jail. At this villagers asked him to call the police and other authorities to put them into the jail. The Amin returned. However, the villagers later knew that a complaint was lodged by the Amin at the police station against several villagers and also a local human rights activist Mr. Santhosh Patel under various sections of the Indian Penal Code. The local police are now threatening the villagers and raiding their houses at random. It is also reported that the human rights activist was arrested by the local police on 25 March and is still in judicial custody to date.

SUGGESTED ACTION:
Please write to the Chief Minister of Uttar Pradesh and the district administration of Varanasi asking them to withdraw the case and also to permanently except the place from water tax after conducting a survey of the area.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

INDIA: Arbitrary police raids of the houses of a human rights activist and poor peasants in Varanasi, Uttar Pradesh state

Name of the victims:
1. Mr. Radhey Shyam Pathak, son of Ganga Ram Pathak 
2. Mr. Santosh Patel 
3. Mr. Vikki, son of Radheyshyam
4. Mr. Ram Savek Patel, son of Arolu
5. Mr. Barasati Patel, son of Mathura
6. Mr. Salaru, son of Puroshatam
[All are residents of Chuppepur village of Pindra Block, Varanasi district]
Date and time of incident: 10 January 2007 at about 10.30am
Alleged perpetrators: The District Administration of Varanasi

I am concerned to know that several poor farmers in Badepur, Dhebhuaha, Nagapur under Badagaon Block and Pindrai, Chuppepur, Aswalpur under Pindra Block in Varanasi district while being denied water for irrigation are forced to pay water tax for the water they have not received. I am also informed that the villagers have been protesting against this injustice for the last several years but no one is ready to hear their complaint.

I am informed that in a recent incident in a recent incident a revenue collector approached the villagers and threatened them that if they failed to pay the taxes they will all be booked by the police and later detained in jail. In fact the officer on his way back from the village has allegedly lodged a false complaint at the Phulpur police station against the local human rights activist Mr. Santhosh Patel and several villagers. Mr. Patel was arrested by the police on 25 March and is still in judicial costudy to date. Also the police is now raiding their houses at random on the pretext of arresting the defaulters and the accused in the compliant lodged by the revenue collector.

I therefore request you to intervene in this case to order an impartial inquiry and to take appropriate measures withdraw the criminal case registered against the villagers. I also request you to take appropriate actions to see to it that a survey of the area is conducted and the demands of the villagers met so that from next faming season the villages are provided with enough water for cultivation.

Sincerely yours

_______

PLEASE SEND YOUR LETTER TO:

1. Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh & Minister for Irrigation
Chief Minister’s Secretariat 
Lucknow 
Uttar Pradesh 
INDIA 
Fax: + 91 191 2546466

2. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
c/o Mr. Carlos Villan Duran
Room 4-066, OHCHR, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Fax: +41 22 9179010

3. The District Magistrate
Varanasi, Uttar Pradesh
INDIA
Fax: 91 5422501450

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-101-2007
Countries : India,
Issues : Arbitrary arrest & detention,