People’s Vigilance Committee for Human Rights, Uttar Pradesh, India & Asian Human Rights Commission, Hong Kong
On 30 September 2005 a people’s tribunal consisting of senior social activists conducted an inquiry into starvation deaths in eastern Uttar Pradesh state, India. The tribunal was initiated by the People’s Vigilance Committee for Human Rights (PVCHR), which is based in Varanasi, in cooperation with the Asian Human Rights Commission (AHRC), a regional human rights organisation based in Hong Kong.
The participants in the tribunal were retired high court Justice Rambhoosan Malhotra, Bijo Francis, South Asia Desk Officer of the AHRC, Professor Deepak Mallick, Professor of Gandhian Institute for Studies, Dr Ashok Singh, State Secretary of the Uttar Pradesh Indian Medical Association, Dr Rolee Singh, Chairperson of the Child Welfare Committee, K K Roy, State General Secretary of the People’s Union for Civil Liberties and Ashok Kumar Sinha, Programme Officer, ActionAid International (India). On October 1 some of the panelists also visited affected villages.
The tribunal directly heard 25 detailed complaints of starvation from persons of various communities. It also heard comments from many other persons who gathered for the hearing. It learnt that within the last three months, four starvation deaths had been reported in Shankarpur village of Vanarasi and Tanda village of Ambedkar Nagar, Uttar Pradesh. It heard that although starvation deaths are going on, victims’ families are not receiving proper attention from the government authorities and food-for-work schemes are not being properly implemented.
Sheela, the wife of late Kanhaiya from Shankarpur, Varanasi, a weaver who died due to starvation on 18 September 2005 because of the depressed industry, said that, “My husband starved to death after three months of hunger. I have three children. The eldest goes to school but she receives no food under the Mid Day Meal Scheme. I was told that one lakh [one hundred thousand] rupees were spent by the panchayat [village council] for the poor, and particularly those who are starving, but my condition is the same.” Her husband’s death was reported in the media and a member of the District Food & Supply Advisory Committee sent a written complaint to the District Magistrate of Varanasi and the Right to Food Campaign filed a petition with the Supreme Court’s Commissioners and National Human Rights Commission. Subsequently Kanhaiya was given 10,000 rupees under the National Family Benefit Scheme, 50kgs of wheat and rice for one month, and was promised a house.
Subhavati, the wife of Shivnath Musahar from Kushinagar, Varanasi, said that her husband died of starvation and left her to take care of their four children alone. On 6 January 2005 she received some 20kg of rice at the time that her husband was extremely sick and there was some media attention on her case. But this ran out in one week. On January 14 her husband was hospitalized, and was discharged on January 23, but died two days later. She said that she has since received no benefits and is unable to send her children to school. They have to share their food out by eating on alternate days.
Vishambhar, a weaver from Shankarpur, Varanasi, said that he lost his job after the weaving industry declined and converted to power looms. He does not have any land or any other source of income. His wife, Jigna, joined a self-help group and took a loan of 2000 rupees to bribe the village secretary for an allotment of land, but the land allotted was infertile and nothing grew. They became indebted and suffered from acute malnutrition and hunger-related sickness. On 16 April 2005, his wife died of starvation. Within a month, his 16-year-old daughter and two-month-old son also died. After his case was raised locally and internationally (see AHRC appeal in appendix 3), the Block Development Officer gave 20kg of rice, 50kg of wheat and 3 litres of kerosene oil. While the district supply officer claimed that he has also been issued an emergency relief card, in reality no such card was issued.
Prabhawati, the wife of Nagina Musahar from Kushinagar, Varanasi, told how her husband died of hunger. Her only daughter, Sambha, is two-years-old but because of acute malnutrition looks just six-months-old. To survive, Prabhawati begs and sometimes gets work in the fields. After outside intervention she was given 10,000 rupees under the National Family Benefit Scheme and a leaky house.
The tribunal noted that the state government of Uttar Pradesh was failing in its obligations not only by international standards but also relative to many other parts of India. For instance, Andhra Pradesh and Tamilnadu both provide for a verbal autopsy in cases of malnutrition deaths, whereupon if children under five die then everybody is called in for the autopsy-including family and community members-and it is found out whether it was a hunger death or not. This is not done in Uttar Pradesh. The state also has very high child malnutrition, estimated at 51-55 per cent, but it spends just Rs 30-50 on nutrition programmes per child, while other states like Gujarat, Punjab and Haryana spend Rs 90-100, and northeastern states spend more than Rs 500 per child.
The cases that came before the tribunal spoke to how the government has neglected the starving of Uttar Pradesh. Villagers have not received wages after participating in food-for-work schemes, and records are made up by government bureaucrats to give a false impression of the schemes’ functioning. The public distribution system closes for months at a time.
Voices
Kalwati, aged 30, of Raup Village in Sonbhadra district told how she is struggling to feed her five young children since becoming a widow:
“The six of us live in a desparate situation and hunger is a primary concern. We only eat once a day, and the meal normally consists of some rice or roti (flatbread) and salt, nothing more. I even have a red ration card allowing me access to food assistance by the Public Distribution System (PDS). The PDS shop is located eight kilometers away and provides 20kg of rice and 15kg of wheat for 90 rupees. However, the 35kg of wheat and rice that we receive is not sufficient for even 10 days. By the end of every month, we are starving. Everytime we receive more wheat, my children are so hungry they will eat just plain flour. This is what my daughter just did this afternoon.
“My husband was the sole income earner in our family, but he was murdered by the local mafia two-and-a-half years ago¡K Since his death, I have been the sole breadwinner in the family, as my children are too young to work. I weave brooms and straw mats. I earn approximately 2.50 rupees for each broom or mat I sell, and I normally make between five and ten a day, but I have to travel almost eight kilometers everyday just in order to sell my products. The money is not enough to buy anything, maybe a few vegetables at most.
“I have five children who depend on me to eat. The eldest, Durgavati, is 12 years old. She does not go to school because she needs to stay at home and care for the house and my other children while I am away trying to sell my brooms and mats. My boys, Sadesh, aged 10, and eight-year-old Rajesh both go to school. The two youngest, son Siri Ram and daughter Rinki are too young to attend school and thus also stay at home. In general, most Raup villagers are involved in the broom making industry. As a result, most of the young girls must stay home and take care of the younger children while their parents are away. I never went to school and my daughters will not either. I am not the only person in this situation, the entire village suffers on a daily basis the same way I do. I ask, why is there no ICDS (government run childcare center) here for our children?
“I used to have the ability to work quickly; however, the nerves in my hand were injured some years ago so now one hand is paralyzed. But it is not possible to get medical attention for my health problems. There are no healthcare or medical facilities for the Raup villagers. In 2004, after the newspapers reported our situation, one doctor did come on a single occasion. He gave us some medicines but we never saw him or any other doctor again. The district hospital is seven kilometers away in Robertsganj so we can only go if we have enough money to cover the expenses or enough energy to walk. Also, the government hospitals do not have any medicine to give us so even if we do go there, we still cannot afford to buy medicines from the shops.
“My fellow villagers and I are not asking for much. As a tribal community, all we are asking is for some land that we can cultivate and live on, land that we have a right to. The upper-caste villagers in Raup are a very prosperous community and they are doing very well. However they are threatening us to leave as they are laying claim to this land. Where are we going to go then and how will we be able to live? All I want is for my children to be taken care of so that they can live life with dignity.”
Chotalal, aged 42, son of Mithailal of Oraw village in Pindra Block under Phoolpur Police Station, Varanasi district, explained how the Musahar community struggle to survive under the control of other groups:
“We have no land of our own. We work in the fields of Dakurs and Brahmins. They are the upper caste people. This work is seasonal, for about two months per year. For a full day’s work we are paid 5kg of wheat for a male and 3kg of wheat for a female. We work from 7am to 4pm. Sometimes we get 20-30 rupees per day for men and 5 rupees for women. We have never even hoped for the minimum wage and equal remuneration. If we demanded the minimum wage, the landlords would kill us. If we have any complaints, we must keep quiet. You can’t go to the police: the police mean money here¡K They all work for the landlords.
“For the rest of the year, we work as manual labourers and also make plates out of leaves, which people buy for serving food at marriages and other ceremonies. We earn about 20-30 rupees for making 200 plates.
“The Gramasabah (village council) here has about 90 bigahs (45 acres) of land. This land was taken by the upper castes. We were told that this land was intended to be given to us but the fact is that we do not have this land¡K I was told that some of the property which is currently held by the landlords stands in our names, but we are not able to use it as our own property. However, we still have to work on it as labourers since the property has been taken by them. We are scared to put any claim on our property.
“We are not even allowed to go to the place where the upper caste people live. Even the backward people do not allow us to come to their houses. This is because we are untouchables. But if there is any work in their households, we are expected to go and do the work. If we are found in the upper caste area without being asked to come there for work, we will be beaten. If there is any crime in the locality, we are by default blamed for it. In the past, there was a murder: 13 of our family members were arrested and put in jail. No one ever dared to complain because it would not make a difference.
“Nearly all our children go to school. But their schooling is over after Grade 4. All our children are dropouts from the school. There are no schools that will educate our children for free and we have no money to pay school fees. The government schools are far away. Even though the fees at government schools are nominal, we do not have enough money to pay. We would like to see our children educated and well-employed but this is not a realistic dream.
“We do not have any medical care or hospitals near by. Nobody from the government would ever come here. Some of us have ration cards but we do not have money to buy rations. In the past, we would have to pay at least 100 rupees to buy our rations, because the public distribution shops were so corrupt. Now, the price is normal, at 10 rupees, but we still cannot afford this.”
Bhotu Musahar, aged 55, son of Sukhdev Musahar, residing at Belwa Musahar village, Varanasi district, said that starvation is treated as normal in his village:
“We have stayed here for about six generations. For eight months we work at a brick kiln. The kiln is about 10 kilometers from here. But we have no option. There is a kiln which is in the neighboring property. It is run by Rajendar Thiwari, the most powerful man in Belwa village. The property is on Panchayat [council] land. The place from which the clay is collected for this kiln is from the village property. We were told that this property was earmarked for our community to cultivate and build our huts. But we cannot question this since the person who questions Thiwari would not live to see the next dawn.
“For about ten years we worked for Thiwari. He never paid us any money. He used to abuse us for everything. If someone failed to turn up for work he would beat that person when he came to work next time. If anyone fell sick and failed to turn up for work, then also he would beat the person. Women faced the same treatment. Thiwari’s son used to do the same. His son, Guddu Thiwari, was very young when he used beat us. I was beaten by him when Guddu was only 20. The kiln manager beat us too.
“Thiwari would give us some vegetables for our work, once a week, and that was the only payment. This was not enough for us. It would be over in a day and the rest would be easily damaged, since what he gave us was already rotten. Once in a while we would get dead animals. These were Thiwari’s animals. However, we were not allowed to take any dead animal. Only when Thiwari allowed us we could take them. We never cared how the animal died; we only cared how fast we could cook it. Sometimes we would dig up buried animals a day after without anyone knowing. We did not have any time to fetch food for ourselves since we were not allowed to leave the kiln. We could not earn anything else from other work since no one would employ us. This was because we are untouchables and even if anyone was willing to employ us Thiwari would intervene and prevent it.
“Many people died from starvation and a few from injuries suffered at work and also from beatings. We never dared to complain to anyone. Where could we complain? We had seen police officers staying at Thiwari’s house and having dinner with him. Thiwari also used to threaten us that if we ever dared to complain to anyone about this he would get the police to arrest us. He threatened us that instead of the men, he would get the women arrested. So we had no other option. Men, women and children worked for Thiwari. Every child was to work for him. The only concern was whether one could work or not. Young or old, all had to work. Rain or drought everyday we had to work. Even if somebody died and the body was still at home, you still had to go to work or else they would beat us. We were fed up with this situation and the punishments were intolerable.
“It was Dr Lenin who came to our rescue. It was his organisation [PVCHR] which helped us from this mess. He advised us to lodge complaints at the sub divisional magistrates court. But there was no action. Soon there was an opportunity for us to speak at a [tribunal]. After that we came to know that it had asked the magistrate to take action upon our complaint. The magistrate came here. We also came to know that Dr Lenin also had filed a separate complaint on our behalf to the same officer. One day we were all free. However, we were never paid any compensation. We were informed that the magistrate had ordered 20,000 rupees to be paid to us. But when we inquired at the magistrate’s office we were told that since the magistrate is a Brahmin, he would never execute the order, and we were asked to be satisfied with our freedom, and that nothing more is to be expected.
“We have only five ration cards altogether. The ration shop dealer never opens his shop regularly. It is open only one or two days in a week and that too during evening hours. We work in a kiln about 10 kilometers away. By the time we finish our work and return, the shop is closed. The food grains that are to be supplied for a very low price are also sold at a higher price. We are not able to afford such high prices. We know it is illegal. But we cannot complain. The ones who dare to complain will never live to see the result of the complaints. The police, health officer and district administration officers are all teamed against us. Who cares for us?
“Hunger is accepted in our village. It is hard to manage the children. By night they start crying and refuse to sleep [due to hunger]. We have no option. We beat them hard so that they cry for a while and are soon tired and that is how we put our children to sleep.
“Many have died of starvation here. Bahru Musahar’s family is one example. His wife and two children died within four weeks of one another. His daughter Reena died when she was five-years-old. Then his wife Kismati Devi died, and soon his other daughter Hasna, who was nine-months-old: all within about four weeks of this year. Bharu has lost his senses now. This is not strange for us. Every year in July, August, September and October a few children die here due to malnutrition and acute starvation. No one cares for us.”
Appendix 1: Letters of the Indian Supreme Court Commissioner on the right to food to the Government of Uttar Pradesh
Non-compliance of Uttar Pradesh government with Supreme Court orders
Hungercomp/311/UP
05.06.2005
To
Smt. Neera Yadav,
Chief Secretary,
Govt. of Uttar Pradesh,
Lucknow-226001
Sub: Repeated complaints of malnutrition deaths, dated 04.02.2005, 19.03.2005, 16.04.2005, 18.04.2005 and 21.04.2005, from districts of Varanasi, Sonebhadra, Jaunpur, Khusinagar and Mirzapur and poor performance of food schemes
Dear Smt. Yadav,
Kindly refer to my letter dated 19.10.2004, whereby I requested you to take action on a complaint which brought to my notice 62 hunger deaths in eastern Uttar Pradesh. Subsequently I have received another letter from the complainant, stating that no action has been taken on the complaint and now the hunger death toll in the area has increased to 93.
In another letter dated 25.11.2005, I brought to your notice the alleged hunger death of Nagina Mushahar, in Dhogara village, Turkpatti thana, Khushinagar District. While I have received no enquiry or ‘action taken report’ on this, I received another complaint letter on 06.12.2004 stating that no action on the earlier complaint has been taken and that Nagina Mushhar’s family continues to be on the verge of starvation.
I have also received 6 complaint letters on malnutrition deaths and non-performance of food schemes. These reports of malnutrition deaths reported in districts of Varanasi, Sonebhadra, Jaunpur, Khusinagar and Mirzapur (see appendix 1 for the district wise compilation of 6 complaint letters) show that Supreme Court orders are not being implemented in the state.
Performance of the food schemes
A look at the available information on food schemes implemented in these districts presents a very grim picture. In Varanasi, Sonebhadra, Jaunpur, Khusinagar and Mirzapur, from where the deaths are reported, only 31% of the children under 0-6 age group are covered by ICDS. Seventy-one additional ICDS projects (in addition to the existing 64 projects) are required to cover the population as per existing norms. Even among the existing 64 projects nearly 9% of the anganwadi centres are not reporting to your Department of Women and Child Development. The staffing in these projects is also very poor with non-appointment of 19% of the sanctioned anganwadi workers (AWWs) and 30 % of the sanctioned anganwadi helpers (AWHs) in Mirzapur and 11% of the sanctioned AWWs and 12 % of the sanctioned AWHs in Jaunpur (see appendix 2).
In the case of employment related schemes, the five aforementioned districts have utilized only 78% of the allocated funds and 56% of sanctioned food grains under the Sampoorna Gramin Rozgar Yojana (SGRY). Again Mirzapur performed worst with only 39% utilization of food grains. This is despite the fact that Mirzapur is a poor district, and here the percentage of agricultural labour to main workers is 33.78 % (as against 21.4% for UP) and percentage of marginal workers to main workers is 3.39 % (as against 2.94 % for UP). Except Jaunpur in the other three districts (Varanasi, Sonebhadra and Khusinagar) too the proportion of agriculture workers and marginal workers to main workers is much higher than that in U.P. on average.
Though in addition to SGRY, the National Food For Work Scheme was also in operation in districts of Sonebhadra, Mirzapur and Khusinagar, only 7.5 % and 8.6 % of the funds and food-grains were utilized in these districts.
Another fact which is distressing is that in districts of Varanasi, Jaunpur and Khusinagar, women beneficiaries under SGRY constituted of only 13%, 4% and 18% of the total beneficiaries, which is much below the norm of 30 %, which is the proportion of reservation for women in employment schemes.
In light of continued reports of hunger deaths and poor implementation of food schemes, I recommend the following:
1. Set up district-wise enquiries on the reported hunger deaths and provide necessary assistance to these families.
2. In a letter dated 9.11.2004, No. 3872/26-06-04, it was mentioned that to prevent malnutrition deaths, discussions are in process to make the village level officials and gram pradhan accountable and to provide adequate funds at district level to provide immediate relief to people in danger of hunger. It was also mentioned that I will be briefed on steps taken on these soon. I request you to kindly update me on the developments in this regard.
3. Ensure that all AWCs are operational and reporting and all vacancies are filled in ICDS projects, further send us the details on the steps taken to increase the number of ICDS projects as per existing guidelines.
4. Send a report on the reasons for low utilization under SGRY and NFFWSs and action taken to ensure full utilization of food grain and funds under these schemes.
With regards
[Signed]
Dr N C Saxena
Enclosures:
Appendix 1; Appendix 2; Complaint Letters
Uttar Pradesh government agrees to two advisors from the Supreme Court on right to food
6th July 2005
Advisorappoint/322/UP
To
Smt. Neera Yadav
Chief Secretary
Government of Uttar Pradesh
Lucknow
Sub: Advisor to Commissioner of the Supreme Court
Dear Smt. Neera Yadav
In the case of PUCL vs Union of India and others, Writ Petition (Civil) 196 of 2001, the Supreme Court has by order dated May 8, 2002 appointed me as Commissioner to the Supreme Court.
In my capacity as the Supreme Court Commissioner, I can take the assistance of reputed individuals and organizations to help me with this task.
I am glad to inform you that Mr. I.C. Dwivedi and Ms. Arundhathi Dhuru have agreed to help me in this endeavor in your state. I request you to give them all cooperation as has been directed by the Supreme Court¡K
The main roles of the advisors will be:
(a) To send the commissioner regular updates about the situation in the state;
(b) To convey to the commissioner any appeal for intervention that may be made in the state;
(c) To work towards a more effective monitoring and redressal system within the state.
In addition, the advisor and the secretariat will also assist in
(a) An analysis of performance of relevant schemes using macro data;
(b) Response to emergencies, like drought, starvation deaths, etc;
(c) Gathering information from the state governments on the performance of the relevant schemes and programmes;
(d) Articulating alternative demands regarding state policy especially on hunger;
(e) Preparing periodic state reports;
(f) Working towards accountability norms for public programmes related to food and food security;
(g) Arranging visits of the commissioners if necessary;
(h) Liaising with local networks, individuals and organisations to gather information from the district level and other sublevels;
(i) Handling other requests that the commissioners may make to them from time to time;
(j) At the request of the commissioners, agree to be a part of various committees pertaining to the orders of the court, or organize suitable alternatives for the same;
(k) Liaising constantly with the government on grievances and grievance redressal processes within the relevant schemes.
I will work closely with the advisors and respond to the appeals received from different states through the advisor. Advisors will be in constant touch with government authorities, in particular with the nodal officer, over the issues cited above. For this purpose, I have requested state governments to appoint a nodal officer. The advisors will liaise with this nodal officer on behalf of the Commissioner. In case the state government does not appoint a nodal officer the Chief Secretary of that state will be the contact person.
I request you to provide Shri I.C. Dwivedi and Ms. Arundhati Dhuru any relevant information that they may request from you. Please instruct your officers to fully cooperate with them towards ensuring effective monitoring of the orders of the Supreme Court.
With Regards,
[Signed]
Dr N C Saxena
CC: Shri Ajit Seth, Assistant to Commissioner, UP
Appendix 2: “NGO lends an ear to hunger victims”
Hindustan Times, 1 October 2005
The victims of hunger were heard at a programme called Indian People’s Tribunal (IPT) as part of the Right to Food campaign here on Friday.
The campaign was organized by the Hong Kong-based NGO Asian Human Rights Commission in association with the Varanasi-based NGO People’s Vigilance Committee for Human Rights.
A 42-year-old Chotalal of Orwa village, in Varanasi, explained in detail the condition of the landless ‘mushahars’ (nomadic tribesmen) in his village. “Although the village council has about 45 acres of land that was to be given to them, it was taken over by the upper caste villagers,” he alleged.
He said he was told that some of the property which was currently held by the landlords stood in their name, but the situation is otherwise. “We are not able to use it as our own property,” he added. “We still have to work on it as labourers since the property has been captured by the landlords,” Chotalal alleged.
For the rest of the year, they work as manual labourers. For a day’s work in the fields, the men may get Rs 20-30 but he women get only five rupees. They also make plates used for serving food at marriages and other ceremonies out of leaves, from which they earn about Rs 20-30 for 200 leaf plates.
“We have never even hoped for minimum wage and equal remuneration. If we demand minimum wages, the landlords will kill us. If we have any complaints, we are asked to keep quiet. One can’t go to the police, as police means money here,” Chotalal alleged.
“This is because we are untouchables. If we are found in the upper caste areas without being asked to come there for some work, we are beaten up,” he said.
One Vishambhar, a handloom weaver who lost his wife and two wards allegedly due to malnutrition, said that a number of handloom weavers have left weaving and got engaged in other occupations like Rikshaw pulling but some physically weak weavers were either wandering in search of occupation or begging door to door.
Vishambhar, a native of Shankerpur village, alleged that his wife, Jiyana, two-month-old son Sheetla Prasad and daughter Soni (18) died due to malnutrition. His other three kids Prabhu Narayan (15), Chandani (12) and Suman (6) were living in an orphanage.
Appendix 3: Appeals issued by the AHRC on starvation in eastern Uttar Pradesh
Local government ignores starving mother and her three hungry daughters in Uttar Pradesh
21 July 2005
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HA-17-2005: INDIA: Local government ignores starving mother and her three daughters in Uttar Pradesh
INDIA: Malnutrition and hunger; government neglect and inaction; landlessness
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Dear friends,
The Asian Human Rights Commission (AHRC) has received new information from the Social Development Foundation (SDF) in Delhi on a case involving the hunger and malnutrition plaguing one family in Sonebhadra, Uttar Pradesh. Despite repeated pleas for food assistance from local authorities, the mother and young children continue to live with extreme hunger.
The AHRC urges you to write to the District Magistrate of Uttar Pradesh and related authorities requesting that immediate food assistance be provided to the victims. We further ask that the inaction by local administration be investigated and condemned.
Urgent Appeals Desk – Hunger Alert
Asian Human Rights Commission (AHRC)
———————————————————–
DETAILED INFORMATION:
Location: Ghorawal Tehsil village, Sonebhadra District, Uttar Pradesh
Persons affected: Rajkumari, age 30, and her daughters Usha (5), Rita (4) and Sangeeta (7 months)
Rajkumari is a 30 year-old mother of three daughters, Usha, Rita and Sangeeta. She is a dalit (scheduled caste/’untouchable’) woman with no land and lives with a physical disability. Her husband, Lal Chand recently developed a psychiatric disorder and abandoned his home. Currently, no one knows where he is and his family has lost their only source of income.
After Lal Chand’s disappearance, Rajkumari could not provide for her family’s needs. Her parents in law were not willing to take in the family so Rajkumari moved to her parent’s home in Papari No. 2 village, Robertsganj Block. Her parents, like many other dalits in the area, are landless agricultural workers. Her father is a daily wage labourer and due to a severe drought in the region this year, work has been sporadic. As a result, even in his old age, Rajkumari’s father attempts to work everyday but is struggling to provide for his family.
Currently, the family is facing hunger and malnutrition, and has made several pleas to local authorities concerning their hunger situation. Her mother, Tetari, approached the district magistrate of Sonebhadra for assistance but nothing has been received. The head of the village, Mr. Kashi, also has not provided any assistance for the family despite being aware of their current situation.
On April 26, 2005 Rajkumari also attempted to meet with revenue officials and other authorities at the district headquarters in Robertsganj but failed to meet anyone. Authorities at both the District Magistrate and Sub-District Magistrate’s offices refused to understand her plight. Such was her desperation that Rajkumari even tried to leave her children behind thinking that it would be better for them, but her mother would not allow it.
Recently, Chaupal, a local organization, has been intervening in the case. On April 26, 2005, the organization wrote a letter to the district magistrate asking him to address the current hunger situation the family is facing. However, despite repeated attempts at communication, nothing has been done at the administrative level.
BACKGROUND INFORMATION:
Starvation is not a new concern in the Sonebhadra district and it is puzzling that in this case, the local authorities have not become involved.
In September 2004, several cases were reported to the District Magistrate and Chief Minister of Uttar Pradesh regarding starvation in the district. Some 40 villagers had walked over 40 kilometers from their villages during the monsoon season in order to voice their hunger concerns at the district headquarters in Robertsganj. The victims also showed what they were eating, which mostly consisted of leaves and roots from the forest.
The villagers, mostly landless adivasis (indigenous people), have been involved in a land dispute with the forest department for some time. Their landless state severely hinders the villagers’ ability to provide food for themselves.
Please see HA-01-2004 for detailed information on the starvation cases that have been occurring in the district for the past few years.
SUGGESTED ACTION:
Please write to the District Magistrate of Uttar Pradesh and the other related officials below requesting that the district administration take immediate action in this starvation matter before more lives are lost.
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Dear Mr. __________
Re: INDIA: Local government ignores starving mother and her three hungry daughters in Uttar Pradesh
Location: Ghorawal Tehsil village, Sonebhadra District, Uttar Pradesh
Persons affected: Rajkumari, age 30, and her daughters Usha (5), Rita (4) and Sangeeta (7 months)
I am deeply disturbed to learn of the government’s inaction in the hunger situation plaguing Rajkumari and her family in the Sonebhadra district, despite attention already having been directed to their plight.
According to the information I received, Rajkumari and her three daughters are living in intolerable conditions and have lost their only source of income. Her husband, Lal Chand, developed a psychiatric disability and abandoned the family some time ago. As Rajkumari herself is physically disabled, she had to return to her father’s home in Papari No. 2 village, Robertsganj. Her father however, is also a landless adivasi and thus, cannot support the entire family.
While the mother and children slowly come closer to death by starvation, the local administration has yet to provide any kind of food assistance to the family, despite repeated pleas from the family. On April 26, 2005 Rajkumari attempted to meet with revenue officials and other authorities at the district headquarters in Robertsganj but failed to meet anyone. Authorities at both the District Magistrate and Sub-District Magistrate’s offices refused to understand her plight. Such was her desperation that Rajkumari even tried to leave her children behind thinking that it would be better for them, but her mother would not allow it. Village head, Mr. Kashi, has also not afforded any assistance to the family despite being aware of their current situation.
Recently, Chaupal, a local organization, has been intervening in the case. On April 26, 2005, the organization wrote a letter to the district magistrate asking him to address the current hunger situation the family is facing. However, despite repeated attempts at communication, nothing has been done at the administrative level. Meanwhile, Rajkumari and her children continue to live in hunger and abject poverty.
In this regard, I would like to remind you of your obligations under international and national law to safeguard the right to food of the residents under your administration. I am extremely disappointed in the lack of sufficient and timely action in providing assistance and compensation to the victims in this case and request you take immediate action to ensure that Rajkumari and her daughters do not lose their lives to starvation. I further ask that an investigation be conducted into this inaction.
Yours sincerely,
—
PLEASE SEND YOUR LETTERS TO:
1. Mr. Alok Kumar
District Magistrate
Sonebhadra
Collectorate
Robertsganj
Uttar Pradesh
INDIA
2. Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh
Chief Minister’s Secretariat
Lucknow
Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002/2223 9234
Email: cmup@up.nic.in
PLEASE SEND COPIES TO:
1. Justice A.P. Mishra
Chairperson
Uttar Pradesh Human Rights Commission
6-A Kalidass Marg
Lucknow, Uttar Pradesh
OR
27 Park Road
Allahabad
Uttar Pradesh
INDIA
Tel: +91 52 2272 6742
Fax: +91 52 2272 6743
Email: uphrc@sancharnet.in
2. Justice A. S. Anand
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Tel: +91 11 2338 2742
Fax: +91 11 2338 4863
Email: covdnhrc@nic.in, ionhrc@nic.in
3. Chairman
National Commission for Scheduled Castes
5th Floor, Loknayak Bhawan,
Khan Market,
New Delhi-110 003
INDIA
Tel: +91 11 2 463 2298 / 2462 0435
E-mail: chairman-ncscst@ncscst.nic.in
4. Mr. Jean Ziegler
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
Tel: +41 22 917 9300
Fax: +41 22 9179010
Email: sect.hchr@unog.ch
5. Mr. Gian Pietro Bordignon
Country Director
World Food Programme
2 Poorvi Marg, Vasant Vihar,
New Delhi 110057
INDIA
Tel: +91 11 2615 0001
Fax: +91 11 2615 0019
Thank you.
Urgent Appeals Programme-Hunger Alert
Asian Human Rights Commission (AHRC)
Three members of one family starve to death in Varanasi, Uttar Pradesh
9 June 2005
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HA-12-2005: INDIA: Three members of one family starve to death in Varanasi, Uttar Pradesh
INDIA: Starvation death, denial of right to livelihood, government inaction and neglect
———————————————————————
Dear friends,
The Asian Human Rights Commission (AHRC) has received new information from the People’s Vigilance Committee for Human Rights (PVCHR) in Uttar Pradesh concerning three starvation deaths in one family during April and May 2005. The surviving members are also facing imminent death due to starvation.
The AHRC urges you to write to the Chief Minister of Uttar Pradesh stressing your concerns for this family and others going hungry in the Varanasi area. The government should be actively involved in providing adequate assistance to ensure that starvation deaths do not occur.
Urgent Appeals Desk-Hunger Alert
Asian Human Rights Commission (AHRC)
———————————————————–
DETAILED INFORMATION:
Persons affected: Vishambhar, son of Ramnandan, and his three surviving children
Location: Sankarpur village, Chiraigoan police post, Varanasi district, Uttar Pradesh
Vishambhar, a weaver, lives together with his surviving children in a thatched hut, after his wife and two children died in April and May 2005. His wife Jigna died on April 16 and his 16-year-old daughter Soni died on April 21 due to starvation and hunger-related diseases. On May 21 his two-month old son also died from starvation. He and the others that are still alive are facing imminent death for want of food.
Vishambhar lost his job as a weaver due to a market downturn in the last four years. Since then, the government has failed to give even minimum assistance to weavers like him, as required by law. Instead of providing Vishambhar a red ration card, for those in the worst situation, it has given him a white card. Meanwhile, Vishambhar has no land or any other way to get some food.
After several media reports on this case, the administration gave Vishambhar a meagre ration of 50kg of wheat and 20kg of rice, which will only last for a few months.
Vishambhar’s case is not an isolated one. There are many more cases of starvation deaths which are either unreported or have facts suppressed by the administration. However, Vishambhar has submitted an affidavit to the District Magistrate in Varanasi to plead his case.
His plea:
1. Give orders to issue Vishambhar a red card, food for work, and place him under other support schemes.
2. Absolve him from liability to repay the loan amount under such schemes.
3. Take appropriate action against the negligent authorities for the death of his newborn son, and against the panchayat (village) secretary and others for taking no action to prevent starvation deaths in the village.
SUGGESTED ACTION:
After visiting the village, the PVCHR representatives sent a petition to key persons in government and other agencies. Please support their petition by also sending a letter to the Chief Minister of Uttar Pradesh on this case. A sample letter follows.
—————-
Dear Mr. Yadav
Re: Three starvation deaths in one family in Varanasi, Uttar Pradesh; others facing imminent death
I am deeply disturbed to hear of the deaths of two children and their mother due to acute malnutrition and hunger related illnesses in Varanasi, Uttar Pradesh.
According to the information I have received, Vishambhar, a weaver, lives together with his surviving children in a thatched hut, after his wife and two children died in April and May 2005. His wife Jigna died on April 16 and his 16-year-old daughter Soni died on April 21 due to starvation and hunger-related diseases. On May 21 his two-month old son also died from starvation. He and the others that are still alive are facing imminent death for want of food.
Vishambhar lost his job as a weaver due to a market downturn in the last four years. However, he was not issued a red ration card, only a white card. However, Vishambhar has no land or any other way to get some food.
I understand that after several media reports on this case, your administration gave Vishambhar a meagre ration of 50kg of wheat and 20kg of rice, which will only last for a few months. This is by no means sufficient. Vishambhar has now submitted an affidavit to the District Magistrate in Varanasi to plead his case, as follows:
1. Give orders to issue a red card, food for work, and place him under other support schemes (ie: Indira Awash Yojana scheme).
2. Absolve him from liability to repay the loan amount under the said scheme/s.
3. Take appropriate action against the negligent authorities for the death of his newborn son (ie: ICDS Department), and against the panchayat (village) secretary and others for taking no action to prevent starvation deaths in the village.
I would like to remind you of your obligations under international and national law to all people residing in the state of Uttar Pradesh to respect, protect and fulfill the right to food. Accordingly, I urge you to order a thorough investigation of the case, and to establish the prevailing conditions in the children’s village with a view to preventing further starvation among children and other residents there.
Finally, I urge you to order a separate investigation into the alleged negligence of the village authorities, and any other concerned state officers, with a view to holding them liable for their breach of these obligations to the two children concerned. In this regard, I would like to stress that the right to food can be made effective only through enforcement of the right by way of criminal action against persons or agencies responsible for the violations.
Yours sincerely
—
PLEASE SEND YOUR LETTERS TO:
Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh
Chief Minister’s Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91-522-2230002/2239234
Email: csup@up.nic.in
PLEASE SEND COPIES TO:
1. Justice A. S. Anand
National Human Rights Commission
Sardar Patel Bhaven, Sansad Marg,
New Delhi – 110 001
INDIA
Tel: + 91 11 23346244
Fax: + 91 11 23366537
E-mail: ionhrc@hub.nic.in or chairnhrc@nic.in
2. Justice Shri R.C. Lahoti
Chief Justice of India
1, Tilak Marg
New Delhi-110001
INDIA
Tel: +91 11 23388922, 23388942
Fax: +91 11 23383792
3. Justice A P Mishra
Chairperson
Uttar Pradesh Human Rights Commission
6-A Kalidass Marg
Lucknow Uttar Pradesh
INDIA
OR
27 Park Road
Allahabad, Uttar Pradesh
INDIA
Tel: + 91 532-2726742
Fax: + 91 532-2726743
Email: uphrc@sancharnet.in
4. Mr. Jean Ziegler
UNCHR, 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 22 917 9010
Email: sect.hchr@unog.ch
5. Mr. Anthony Banbury
Regional Director
World Food Programme
Unit No. 2, 7th Floor
Wave Place Building
55 Wireless Road
Lumpini, Patumwan,
Bangkok 10330
THAILAND
Tel: +66-2-6554115
Fax: +66-2-6554413
Email: Anthony.banbury@wfp.org or Bkk.unescap@un.org
6. Mr. Pedro Medrano Rojas
Country Director World Food Programme
2 Poorvi Marg, Vasant Vihar,
New Delhi 110057
INDIA
Tel: +91-11-26150000
Fax: +91-11-26150019
Email: wfp.newdelhi@wfp.org
7. Dr. N.C.Saxena and Mr. S.R.Sankaran,
Commissioners,
Supreme Court of India
SAMYA, R-38A, 2nd floor,
South Extention – part 2,
New Delhi – 49
INDIA
Email: commissioners@vsnl.net
Thank you.
Urgent Appeals Programme-Hunger Alert
Asian Human Rights Commission (AHRC)
Woman starves to death while her family continues to suffer from hunger in Sonbhadra, Uttar Pradesh
3 November 2005
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HA-27-2005: INDIA: Woman starves to death while her family continues to suffer from hunger in Sonbhadra, Uttar Pradesh
INDIA: Starvation death; government neglect and inaction; abject poverty
———————————————————————
Dear friends,
The Asian Human Rights Commission (AHRC) has received disturbing information from the People’s Vigilance Committee for Human Rights (PVCHR) and other sources regarding the hunger situation of one family who has already lost a member to starvation in Sonbhadra, Uttar Pradesh (UP), India. Chirauji Devi died on July 10, 2005 due to the acute lack of food. Her husband and several other family members are also on the verge of death owing to hunger.
Poorly administered government schemes as well as blatant government neglect are mostly responsible for the hunger situation that persists in the Sonbhadra district. The AHRC asks you to write to the local administration and Chief Minister of Uttar Pradesh pressing them to take immediate action in this case in order to protect, respect and fulfill the right to food for this family, and the many others suffering in the state.
Urgent Appeals Desk – Hunger Alert
Asian Human Rights Commission (AHRC)
———————————————————–
DETAILED INFORMATION:
Location: Bichpai village, Robertsganj post, Sonbhadra District, Uttar Pradesh
Persons affected: Chirauji Devi, died of starvation on July 10, 2005. Husband Kedar, sons Rambilas and Vijay Kumar, daughter-in-law Sunita and grandchildren Sonal, Shivani, and Sonu.
Chirauji Devi had not cooked any food in her home for 14 days before she collapsed to death on July 10, 2005. Afflicted with stomach pains for days, she finally died after surviving for days on an empty stomach. Chirauji leaves behind seven family members that include her husband, children and grandchildren, who are now suffering immensely from hunger and malnutrition. In particular, her husband Kedar is sick and on the verge of death.
Chirauji was the sole income earner in her family and had been struggling to provide for their livelihoods. For over one month prior to her death, she had been working as a pond digger under the national Food-for-Work programme, which guarantees 100 days of paid work. However, Chirauji received no payment for her work, even after several requests to local officials and the village council head in her area. Despite the terrible living conditions, Chirauji and her family members were also only white card ration holders, and the price of rations under this Above Poverty Line Scheme (APL) was still too expensive. The family had not been able to afford any rations for three months and should have been given red ration cards under the Below Poverty Line Scheme (BPL).
Chirauji’s family had previously been rather self sufficient, owning one acre of agricultural land which was their main source of livelihood. However, severe drought in the Sonbhadra district, coupled with Kedar’s illness and a son’s handicap meant that suddenly, the family had to rely on Chirauji as the sole provider. For over eight months, Chirauji’s family has suffered from extreme hunger, malnourishment and poverty, eating at most one time daily. The surviving family members continue to endure these extreme hardships and will soon suffer the same fate as Chirauji if the government does not intervene immediately and appropriately.
After Chirauji’s death, hundreds of workers and labourers from the Bichpai village and surrounding areas came together to also demands for their wages. However, no action has been taken in this matter either.
Hunger, malnutrition and starvation continue to plague hundreds of Indians in Sonbhadra district as well as throughout Uttar Pradesh. It is a problem that the local, district and state level administrations are clearly aware of and acknowledge, however little action is taken. Many victims receive no aid or rehabilitation. Furthermore, the Food for Work and SGRY (employment generation) programmes are rarely implemented and often people under Below Poverty Line ration schemes are not provided with regular nor sufficient food assistance.
SUGGESTED ACTION:
Please write to the district magistrate of Sonbhadra and the Chief Minister of Uttar Pradesh, reminding them of their commitments to respect, fulfill and protect the right to food of the people under their jurisdiction. Immediate food assistance and wages must be provided to the hunger-stricken family, as well as the hundreds of other labourers awaiting their dues. Furthermore, the inadequacies of the Public Distribution System and other employment generation schemes in the state should be addressed.
—————-
Sample letter:
Dear ____________
RE: INDIA: Woman starves to death while her family continues to suffer from hunger in Sonbhadra, Uttar Pradesh
Location: Bichpai village, Robertsganj post, Sonbhadra District, Uttar Pradesh
Persons affected: Chirauji Devi, died of starvation on July 10, 2005. Husband Kedar, sons Rambilas and Vijay Kumar, daughter-in-law Sunita and grandchildren Sonal, Shivani, and Sonu.
I was recently informed of the starvation death of one woman and the disturbing hunger situation of her family residing in Sonbhadra District, Uttar Pradesh, India. Chirauji Devi died on July 10, 2005 after reportedly not having cooked food in her home for 14 days. She was the sole provider for her family, which includes her ailing husband, handicapped son, daughter-in-law and three grandchildren. The surviving family members continue to live in desperate conditions, with at most one meal to eat per day.
One month prior to her death, Chirauji began the work of digging ponds under the national Food for Work Programme. Almost daily, she worked as a labourer at the pond, however received no compensation for her work. Even after appealing to local officials and the gram pradhan (village head), Chirauji still received no wages for the days she worked. Furthermore, although the family were white ration card holders, they were suffering such economic hardship that they could not even afford to buy rations for three months at the reduced price. Additionally, no other assistance or wages have been granted to the family at this time.
It is appalling to hear that even after being provided with government assistance and employment schemes, Chirauji died directly from the lack of food. Her husband Kedar is on the verge of death and will suffer the same fate shortly if assistance is not provided. Her grandchildren are malnourished and will also fall sick soon. In a state like Uttar Pradesh, where the local government acknowledges that hunger deaths are occurring, it is disturbing to know that food and work assistance is rarely given. It is even more shocking to realize that when assistance is provided, it is insufficient to protect and fulfill the right to food and life of the people.
This is not the first instance of hunger and starvation in Sonbhadra that has come to my attention in recent months. It is my understanding that hunger and malnutrition is a very real and prevalent problem, one which needs immediate attention. Thus, I urge you investigate the circumstances surrounding Chirauji’s death and the hunger situation her family is currently suffering. Furthermore, immediate food assistance and wages must be provided to the hunger-stricken family, as well as the hundreds of other labourers awaiting their dues. Finally, the inadequacies of the Public Distribution System and other employment generation schemes in the state need be addressed.
Yours sincerely,
—
PLEASE SEND LETTERS TO:
1. Mr. Alok Kumar
District Magistrate Sonbhadra
Collectorate, Robertganj
Sonbhadra District
Uttar Pradesh
INDIA
Tel: +91 54 4422 2190
Fax: +91 54 4422 2090
2. Mr. Mulayam Singh Yadav
Chief Minister of Uttar Pradesh
Chief Minister’s Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91-522-2230002/2239234
Email: csup@up.nic.in
PLEASE SEND COPIES TO:
1. Ms. C.R. Ramani
Chief Secretary of Uttar Pradesh
Chief Secretary Office
Government of UP
Shri Lal Bhadur Shastri
Lucknow 226001
Uttar Pradesh
INDIA
Tel: +91 52 2223 8212
Fax: +91 52 2223 9283
Email: csup@up.nic.in
2. Justice A. S. Anand
National Human Rights Commission
Sardar Patel Bhaven, Sansad Marg,
New Delhi – 110 001
INDIA
Tel: + 91 11 23346244
Fax: + 91 11 23366537
E-mail: ionhrc@hub.nic.in or chairnhrc@nic.in
3. Justice A P Mishra
Chairperson
Uttar Pradesh Human Rights Commission
6-A Kalidass Marg
Lucknow Uttar Pradesh
INDIA
Tel: + 91 52 2272 6742
Fax: + 91 52 2272 6743
4. Dr. N.C. Saxena and Mr. S.R. Sankaran
Commissioners
Supreme Court of India
SAMYA, R-38A, 2nd floor
South Extention – part 2
New Delhi – 49
INDIA
Fax: +91-11-5164 2147
Email: commissioners@vsnl.net
5. Mr. Jean Ziegler
UNCHR, 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 22 917 9010
Email: sect.hchr@unog.ch
6. Mr. Anthony Banbury
Regional Director
World Food Programme
Unit No. 2, 7th Floor
Wave Place Building
55 Wireless Road
Lumpini, Patumwan
Bangkok 10330
THAILAND
Tel: +66-2-6554115
Fax: +66-2-6554413
Email: Anthony.banbury@wfp.org or Bkk.unescap@un.org
7. Mr. Gian Pietro Bordignon
Country Director
World Food Programme
2 Poorvi Marg, Vasant Vihar,
New Delhi 110057
INDIA
Tel: +91-11-26150000
Fax: +91-11-26150019
Email: wfp.newdelhi@wfp.org
Thank you.
Urgent Appeals Programme – Hunger Alert
Asian Human Rights Commission (AHRC)
