INDIA: Almost 75,000 people are homeless after being forcibly evicted by the West Bengal government and the Kolkata Municipal Corporation
INDIA: Forced eviction of the urban poor; Right to housing; Right to food
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information about case of another forced eviction from West Bengal, India. On 15 December 2003, the West Bengal government and the Kolkata Municipal Corporation jointly carried out a forced eviction along the canal side settlements at the Bagbazar and Cossipore area. About 1,500 families were forcefully evicted without any rehabilitation plan and it is estimated that almost 75,000 people became homeless due to this eviction.
However, this is only one more incident of brutality against poor urban people by the West Bengal administration. On 22 September 2001, about 20,000 people were evicted from Tolly Nullah. On 10 December 2002 another 40,000 people were evicted and on 2 Feb 2003 around 7,000 Untouchables were evicted from Belilious Park, 129 Belilious Road, Howrah. After the eviction, the homeless people have been living in horrendous situations on open streets without shelter and drinking water. AHRC had previously issued an urgent appeal on 18 December 2003 regarding the death by starvation of a 3 year old eviction victim E. M. Shiva, who was one of 7,000 Untouchables who were forcibly and illegally evicted from Belilious Park.
Everyone has the right to life. Article 21 of the Indian Constitution as well as international law clearly mentions the right to life of the people. I request your strong action to support these victims. Please send an appeal letter, fax or email to the West Bengal government and urge them to provide proper housing to the evicted people immediately in accordance with the Constitution and international laws.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
On 15 December 2003, the West Bengal government and the Kolkata Municipal Corporation jointly carried out a forced eviction along the canal side settlements at the Bagbazar and Cossipore area and evicted 1,500 families without any rehabilitation plan. Almost 75,000 people became homeless due to this eviction.
The West Bengal Government and the Kolkata Municipal Corporation did not provide any prior notice of the eviction, nor did provide rehabilitation to the residents. As in previous evictions, the administration mobilized heavily armed policemen and paramilitary forces and the operation was conducted while the men were absent for their work and only the women and children were left to face the brunt of the violent evictions.
All the families had been living at the Bagbazar and Cossipore area for 40-50 years. They have ration cards showing the address of this area as proof of their legal permanent possession and residence. They even voted for elections from this address.
The Indian government has signed and ratified the International Covenant on Economic, Social and Cultural Rights (ICCPR) which clearly recognizes the right to adequate housing. Moreover, Article 21 of the Indian Constitution mentions the right to life of the people. The UN Commission on Human Rights and the Committee on Economic, Social and Cultural Rights have also declared forced evictions as prima facie violations of human rights, in particular the right to adequate housing.
The Indian government, as a state party, should intervene in the forced evictions taken place in West Bengal and give all possible assistance to the victims to ensure their right to life.
SUGGESTED ACTION:
Please send a letter, fax or email to the local authorities and express your concern of this serious case. Please email a copy of your appeal letter to Rabial Mallick at rabial@cal.vsnl.net.in, an officer of the Christian Institute on the Study of Religion and Society, an NGO working for this case.
1. Shri Budhadev Bhattacharya
Chief Minister
Government of West Bengal
Kolkata
INDIA
Fax: +91 33 2214 5480
E-mail: precycm@wb.nic.in or cm@ub.gov.in
2. Shri Subrata Mukherjee
Mayor
Kolkata Municipal Corporation
Fax: +91 33 2244 2578
E-mail: cmcmayor@vsnl.net
3. Shri Ashok Bhattacharya
Minister-in-charge of Urban Development & Municipal Affairs
Government of West Bengal
Fax: +91 33 2214 3853
E-mail: cpimwb@cal3.vsnl.net or micma@wb.gov.in
4. Mr. Miloon Kothari
Special Rapporteur on adequate housing
Room 4-066
UNOG-OHCHR, CH-1211, Geneva 10
SWITZERLAND
Fax: +41 22 917 9010
E-mail: rhada.hcr@unog.ch
5. Special Rapporteur on the Right to Food
c/o Sally-Anne Way
Assistant to the Special Rapporteur on the Right to Food
IUED, 24, rue Rothschild
CP 136, CH 1211 Geneva 21
SWITZERLAND
Fax: +41 22 906 59 83
E-mail: sally-anne.way@iued.unige.ch
6. Shri Justice A. S. Anand
Chairperson of the National Human Rights Commission
Sardar Patel Bhawan
Sansad Marg
New Delhi – 110 001
INDIA
Tel: + 91 11 2334 0891 / 2334 7065
Fax: + 91 11 2334 0016 / 2336 6537 / 2334 4113
E-mail: chairnhrc@nic.in
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: Almost 75,000 people are homeless after being forcibly evicted by the West Bengal government and the Kolkata Municipal Corporation
I have received, with great concern, the report that the government of West Bengal and the Kolkata Municipal Corporation forcibly evicted about 1,200 families (almost 75,000 people) without any rehabilitation plan, living along the canal side at the Bagbazar and Cossipore area on 15 December 2003.
The Government of West Bengal and the Kolkata Municipal Corporation did not give any notice of eviction to the residents and did not consider the legal status of the affected families who have been residing in that place for 40-50 years. As previous evictions, the administration mobilized heavily armed policemen and paramilitary forces and they destroyed the houses of the families while the men were absent for their work and only the women and children were left to face the brunt of the violent evictions.
However, this is only one more incident against poor urban people by the West Bengal administration. On 22 September 2001, about 20,000 people were evicted from Tolly Nullah. On 10 December 2002 another 40,000 people were evicted and on 2 Feb 2003 around 7,000 Untouchables were evicted from the Belilious Park, 129 Belilious Road, Howrah. On 18 December 2003, a 3 year old E. M. Shiva, who was one of 7,000 Untouchables evicted from the Belilious Park, died by starvation.
Even though, the Indian government has signed and ratified the International Covenant on Economic, Social and Cultural Rights (ICCPR) which clearly recognizes the right to adequate housing, the government has not observed its international responsibility of calling to account the West Bengal government and the Kolkata Municipal Corporation for their violations of the rights of its citizens.
Therefore, I urge the government of India to rectify these matters and instruct the government of West Bengal and the Kolkata Municipal Corporation to:
– resettle the eviction victims, including those who were previously evicted since 2001
– compensate the victims in accordance with international laws
– ensure the security and health of the victims and provide full and immediate assistance
– hold a dialogue with the affected families and some civil organizations in order to find a working solution
– stop all planned forced evictions without notification, and draw up a resettlement plan immediately
I look forward to hear of your intervention in this matter.
Yours faithfully,
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
