Did they die of hunger? The question haunts Barak Valley

Print Email to Friend| From Tehelka Magazine, Vol 9, Issue 08 Dated 25 Feb 2012 CURRENT AFFAIRS ASSAM Did they die of hunger? The question haunts Barak Valley By Ratnadip Choudhury Death to the T Labourers of Bhuban Valley Tea Estate await government aid Photos: Partha Seal THEY WERE subjected to inhuman exploitation since Independence. And now that they are dying, the quibble over whether it was due to starvation, malnutrition or disease offers no dignity in death — or hope for their kin. Laxity A worker at the NRHM hospital ALSO READ  Rubber steers a storm in Tripura’s cup of tea Hunger in the mine of green gold  Death in your morning Cuppa In the past one month, the news of deaths in Bhuban Valley Tea Estate in Lakhipur sub-division of Assam’s Cachar district took the state by surprise. The district administration puts the death toll at nine; human rights activists claim it is as high as 11. Ironically, the Barak Cha Shramik Union, the flag-bearer of tea tribes or Adivasis, says only four people died. The state government claims it is probing the cause of death. But this offers little hope for the 1,000-odd people who know that the government and the tea tribe leaders have been party to this era of neglect. The Bhuban Valley Tea Estate, owned by a Kolkata-based private firm, was declared sick last October. The garden and factory shut down on 8 October 2011, without paying wages for nine weeks; forget Provident Fund dues and other promised benefits. For four months, they survived on bare rations, with no means of alternative livelihood. Then they started falling ill, and some died without any treatment. While the 500 permanent workers and an equal number of casual labourers fought their battle for survival, leaders of the Barak Cha Shramik Union, said to be close to the ruling Congress in Assam, chose to remain silent. The district administration, headquartered at Silchar, about 30 km from the tea garden, did not try to alleviate the distress in the Bhuban Valley. It could have at least tried to implement the five flagship schemes of the UPA government, like MGNREGA and National Rural Health Mission (NRHM). They are supposed to be operational in the region, but there is no sign of them on the ground. “Just before the closure of the garden, we were told by the management that the estate is suffering losses and we must forget the dues,” says Ram Prasad Tanti, a permanent labourer in the Bhuban Valley garden. “We were told that if the company revives, we will be employed again. We at once took the matter to the workers’ union and the local MLA. They sided with the management, telling us to wait. During this period, so many people died. Had newspapers not reported it, many more would have died here,” he says. To save face, or out of genuine concern, the state government and local MLA and former minister Dinesh Prasad Gowala, who is also general secretary of the Barak Cha Shramik Union, is said to have “convinced” the estate management to reopen the garden on 9 February. But it seems to be a case of too little, too late. ‘Our family lived on one meal of rice and salt per day for three months,’ says Bablu Bauri, an estate worker “When the tea garden was closed down, no one bothered to think about an alternative livelihood for the labourers. They were left to die,” alleges WA Lashkar, from the Barak Human Rights Protection Committee. “These people have no education; they do not know their rights. There is no mechanism in place to check the violation of labour laws,” he adds. His group has now taken up the cause of justice for the laid-off workers. When TEHELKA met the tea estate workers, it heard tales of people eating far less than required for survival and falling prey to disease. “Our family lived on one meal of rice and salt per day for three months,” says Bablu Bauri. “My father died because he was unwell for a long time. His disease aggravated due to lack of nourishment. The local hospital does not have a doctor, we did not have money to either take him to Silchar town or bring a doctor here. He died in front of our eyes.” After his father Atul Bauri, 60, died, Bablu worries about how to save his mother Surabala, who is battling for survival. “We know the garden has reopened in name only,” he says. “It might close down any day. We need alternative sources of income.” But the fiscal condition of other tea gardens in Barak Valley is bleak; the neighbouring villages too are poverty-stricken. THE TEA tribes have been a traditional vote bank for the Congress in Assam. The Tarun Gogoi government has been high on rhetoric about giving them Scheduled Tribe status. But this seems farcical when survival is at stake and wages are disgracefully low. Permanent workers get Rs 55.20 per day and casual workers get only Rs 41, whereas the minimum wage specified for the state is Rs 100 for unskilled workers, and Rs 120 for those who are skilled. “From this wage, a permanent worker had to pay Rs 20 for rations,” explains Prasenjit Biswas, eminent human rights activist of the region. “This is a violation of Tea Plantation Labour Act, 1951, Minimum Wage Act, right to food and livelihood. Thus, this is not only a case of gross violation of fundamental rights but also laws passed by elected bodies have been violated at will.” Laxity a closed tea factory in Cachar Poverty, death and an uncertain future stalk almost every household in Bhuban Valley. The hutments and hamlets that dot the landscape of the tea garden tell the same story. A story of narrowing options, desolation and despair — and increasingly, of death. Pratima Tanti, daughter of Susom Tanti, who died a month ago due to lack of treatment, spoke her heart out, saying, “My father was ailing, which meant we could have a meal only once a day. Since we had no money, he had to die an untimely death.” For children, there are seven Anganwadi centres under the Integrated Child Development Scheme (ICDS) to provide nutrition and healthcare for kids and lactating mothers, but none of the centres open more than twice a month in the garden, so say the local people. When a few Indira Awas Yojana huts were allotted to the garden, they all went to those close to union leaders. The health centre run by the NRHM does not have doctors. It does have stocks of medicines but paramedics did not turn up for duty when people were dying. The paramedics, in turn, allege that they are not paid regularly. “An inquiry into the deaths is going on: We will have to wait for the final report. We will also find out if the Rs 10 lakh grant to the garden under NRHM was utilised. We are also looking into violation of labour laws,” says Harendra Dev Mahanta, the Collector of Cachar district. Almost everyone who could have saved the poor labourers is now trying to pass the buck. This is not unprecedented. A similar wave of deaths was reported from Pathini tea estate in 1991. The government and the union remained silent spectators in that episode as well. With inputs from Arindam Gupta Ratnadip Choudhury is a Principal Correspondent with Tehelka.  ratnadip@tehelka.com

Print Email to Friend| From Tehelka Magazine, Vol 9, Issue 08, Dated 25 Feb 2012

URL: http://tehelka.com/story_main51.asp?filename=Ne250212Hunger.asp

Bhuvan valley: ‘Stay hungry and shut up’ seems to be the food security policy of Assam government

Waliullah Ahmed Laskar[1]

Those whose near and dear ones reportedly died of hunger and lack of medical care in Assam are now being told to shut up and say only what they are told to say. In a tea garden in the North East Indian state where more than 14 people died of hunger, malnutrition and lack of medical care are now being harassed and pressurized into signing papers stating that all is well with them. With the help of their husbands and other male members of their families, workers and helpers of the Anganwadi centres under the Integrated Child Development Scheme (ICDS) in the Bhuvan valley tea garden of Cachar district took signatures of the labourers and other villagers on 31 March 2012 on a paper that stated that the beneficiaries were being provided with sufficient nutrition and other services as required under the scheme and that they did not have any complaint regarding functioning of the centres. They took signatures of particularly those residents who provided the Barak Human Rights Protection Committee (BHRPC), the local rights group that brought the cases of hunger deaths in the garden into the light, with information about their situation during its fact-finding study.

The BHRPC reported that the Bhuvan Valley Tea Estate, a tea garden owned by a private company based in Kolkata, which employed about 500 permanent and another 1000 casual workers, was abandoned by the owners in October 8, 2011 without paying the workers their outstanding wages and other dues. It resulted in loss of means of livelihood of the workers and pushed them into the condition of starvation and famine that led to the deaths of ten people till 27 February 2012. According to the fact-finding report[2] issued on 1 February, the workers were deprived of their rights as they were forced to do overwork and were paid very low wages (Rs. 41.00 for casual workers and 50.00 to 55.00 for permanent workers) without being provided with any medical treatment while working and, after closure, had the payment of their wages, provident fund and bonus suspended. The rights of plantation workers to fair wage, bonus, provident fund, housing and basic medical facilities in accordance with the Plantation Labour Act, 1951 have not been implemented. In the course of closure, the government failed to make any intervention to guarantee their fundamental rights to live with dignity. It is further found that basic medical care and food distribution for the poor under the government schemes including the ICDS have not properly reached even those workers who lost their livelihoods and that it was one of the causes that led to the deaths. 

Even after publication of the disturbing reports, the authorities did not take any effective actions except re-opening of the garden on 9 February 2012 while maintaining that the deaths were not caused by starvation[3]. The situation, therefore, continued to worsen. The BHRPC again on 11 February reported about critical health conditions of 43 other people[4]. Among them two more people died on 18 and 22 February[5]. The chief minister of Assam wrote a letter on 29 February giving details of actions taken by the government while at the same time he still maintained without any proper inquiry that these deaths were not caused by starvation. Actions of the government were, at beast, inadequate and misleading, said the BHRPC in a statement[6]. As a result, deaths continued unabated in the tea garden and on 10 March the BHRPC had to report two more deaths[7]. 

Ramashish Dushad on 27 February lying on a bedstead,
his legs are apparently swelled and infected. He died on
28 February.

On the other hand, after publication of the reports some human rights groups, individual rights defenders and section of national media conducted independent investigations and took up the issue. Among the groups the Asian Human Rights Commission (AHRC), a Hongkong based rights body, taking up the case wrote to the United Nations special rapporteur on the right to food and issued two hunger alerts world wide[8]. The Varansi (in Uttar Pradesh) based rights group People’s Vigilance Committee on Human Rights (PVCHR) also sent letters to the authorities in India. Another civil society team from Guwahati visited the tea garden on 22 and 23 February. The group was comprised of Saito Basumatary, coordinator of the People’s Rights Forum, Wilfred Topno, president of Adivasi Sahitya Sabha- Assam, Stephen Ekka, director, of the PAJHRA, Godfrey Here, secretary of the Nawa Bihan Samaj and Rejan Horo, organizing secretary, central committee of the AASAA  and issued a statement corroborating the findings of the BHRPC after they made an extensive study of the situation. New Delhi based noted social activist Swami Agnivesh also engaged with the government in dialogue and pressed for the amelioration of the situation[9].

Apart from carrying stories on the situations in the garden by some national media outlets such as Indo-Asian news services, press trust of India and papers like the Asian Age, Times of India and the Telegraph (Kolkata), the CNN-IBN[10] and the Tehelka magazine conducted their own inquiry. The CNN-IBN continuously aired news on the situation and held a talk show while the Tehelka magazine published an in-depth story[11].

Meanwhile, on the complaint of the BHRPC the Supreme Court commissioners on the right to food took cognisance of the matter and asked their Assam state advisor for a report.[12] The national human rights commission also registered cases and started proceedings.[13]

These interventions generated certain amount of heat that was felt by the relevant quarters in New Delhi and Dispur. And reportedly even the prime minister’s office was asked to look into the reports forcing the Assam CM to act[14]. But instead of taking substantial and prompt actions, he ordered an additional chief secretary Mr. PK Choudhury to conduct an inquiry and minister for excise and sports Mr. Ajit Singh to keep vigil on the situation. He held a meeting to discuss their feedback and decide further actions on 11 March. From the reports in the press it seemed that the government was trying to shift the entire blame on the estate management who, according to the chief secretary, was not responding to official communiqués from the deputy commissioner as well as the labour department and “neglecting” the garden[15].  The reports were totally silent about the stand of government on the role of its officers, particularly those who were responsible to ensure that the gardens were run in accordance with law, and those who were responsible for proper implementation of the flagship schemes. However, it is learnt that the CM instructed the officials to cause some ring wells dug in the gardens to make drinking water available for the residents and to take some other ameliorating measures[16].

Bablu Bauri lying in his courtyard.
His father died of hunger recently.

But the woes of the labourers were far from over. There was complaint that labourers were not getting loans from provident fund to get over their cash crunch as the authorities did not released the fund even though the management had already paid 50% of the arrears of PF through the district administration. Even the PF claims of the dead labourers were also not being cleared. It was also alleged that the Anganwadi centres were not providing food staffs and other services of their mandate, doctors were not available in the estate hospital and problems of drinking water, sanitation and electricity worsened. When the BHRPC drew attention of the district magistrate/deputy commissioner (DM/DC) Mr Harendra Kumar Devmahanta he ordered two separate inquiries into the grievances about functioning of Anganwadi centres and release of PF giving the responsible officers 10 days time. And he said that he was active in ensuring potable water, medical facilities and electricity in the tea estate. A water supply plant will be set up and till it is done water would be supplied daily by tanks. Besides, a doctor from the nearby primary health centre (PHC) would visit the estate hospital once a week, till a permanent doctor was be appointed, he assured.[17] The meeting between the BHRPC members and the DC took place on 30 March and it was attended by two additional DCs, assistant labour commissioner and district social welfare officer. The last mentioned officer is responsible for running ICDS in the district.

The Supreme Court of India directed the central and state governments to universalise the functioning of ICDS and stated that “(t)he universalisation of the ICDS involves extending all ICDS services (Supplementary nutrition, growth monitoring, nutrition and health education, immunization, referral and pre-school education) to every child under the age of 6, all pregnant women and lactating mothers and all adolescent girls”.[18]

The central government formulated a Nutritional and Feeding Norms for SNP[19] in ICDS and it was approved by the Supreme Court.[20] It states that “children in the age group of 6 months to 3 years must be entitled to food supplement of 500 calorie of energy and 12-15 gm of protein per child per day in the form of take home ration (THR). For the age group of 3-6 years, food supplement of 500 calories of energy and 12-15 gm of protein per child must be made available at the Anganwadi Centres in the form of a hot cooked meal and a morning snack. For severely underweight children in the age group of 6 months to 6 years, an additional 300 calories of energy and 8-10 gm of protein would be given as THR. For pregnant and lactating mothers, a food supplement of 600 calories of energy and 18-20 gm of protein per beneficiary per day would be provided as THR”.[21]

It can be shown in a table more conveniently with money ear-marked for each beneficiary in each category:

Category	Rate in rupees per beneficiary per day	Calories	Proteins in gm
Children below 6 years	4.00	500	12-15
Severely malnourished children	6.00	800	20-25
Pregnant and lactating mothers	5.00	600	18-20

Table-I[22]

Rs. 4.00 is ear-marked for every adolescent girl per day.

It is another question as to whether this money can still buy that much calories and proteins even after three years of severe food inflation from the time of approval of the Supreme Court and particularly in this part of the country which is known for high prices of food staffs.

As per the Supreme Court rulings, this nutritional support shall be provided 300 days in a year by providing for 25 days per month.

Now, let us take a look on how all these get translated in the ground in the form of actual dietary intake by the beneficiaries. A famous(!) statement of the then Prime Minister Mr Rajiv Gandhi may be remembered that only Re. 0.15 would reach the actual beneficiary from Re. 1.00 meant for the poor and the remaining Re. 0.85 would get siphoned off by those who were entrusted with the task of reaching the beneficiaries with the benefit of the money. Still the situation is same if not worse. The BHRPC team were told during their fact-finding study visit on 27 February by the residents of the Bhuvan valley that there were 7 Anganwadi centres in the garden but none of them were properly functioning. They were opened only once or twice in a month. It indicates that the children and women of the tea garden were receiving about 0.01 per cent of the money allotted for their nutritional support and some health services. The situation has certainly improved since.

But how much improved? A typically ‘well-functioning’ Anganwadi centre in Cachar district gets approximately Rs. 1,200.00 per month. The break-up may be shown in a table:

Category	Total number. of beneficiary	Rs. per head per day	Total amount per category per day
Children below 6 years	50	4.00	200.00
Severely malnourished children	Nil	6.00	Nil
Adolescent girls	38	4.00	152.00
Pregnant and lactating mothers	22	5.00	110.00
Total	-----	------	462.00

Table-II[23]

For one month the amount stands at Rs. 462.00 x 25 days = Rs. 11550.00, say 12000.00. When this scribe talked with the worker of such a typical centre she confided with the condition of anonymity that Rs 3000.00 is taken away by the supervisor apparently for himself/herself, child development project officer (CDPO), the district social welfare officer and other higher-ups, Rs. 1000.00 by the president of the centre management committee and another Rs. 1000.00 by the member secretary of the committee and Rs. 500.00 by each worker and helper from this 12000.00 and the remaining Rs. 6000.00 is spent on the beneficiaries.

The worker of a centre is ex-officio member-secretary of the centre management committee and in most cases her husband or any other member of her family or any relative is the president, though the rule book says the president should be the member of the Gaon Panchayat elected from the area covered by the centre.

If the 7 Anganwadi centres in the Bhuvan valley tea garden function as per rules in the book apparently a worker will incur a loss of Rs. 1500.00 (1000.00 as member secretary and 500.00 as worker), president Rs. 1000.00 and helper Rs. 500.00 of their ‘extra-money’ per month. But it is not important for them that this ‘sacrifice of extra-money’ can go a long way to save some precious human lives. So, they coerced the labourers and other villagers to sign a paper stating that the beneficiaries were being provided with sufficient nutrition and other services as required under the scheme and that they did not have any grievances regarding functioning of the centres.

The presence of the district social welfare officer in the meeting of 29 March and he being ordered to submit a report within 10 days about the complaint regarding function of the ICDC, and the incident of taking forcible signature of the Bhuvan valley residents on the very next day can not be a mere co-incidence.

It is a very sorry and sad commentary on the sense of responsibility as well as humanity of some of the officers and public servants who govern the people and implement the government policies, laws duly passed by legislative bodies and orders made by law courts.

It also shows that the Assam government has not only failed to protect the right to life with dignity of the tea workers in the Bhuvan valley by ensuring availability of adequate food, water, sanitation and health care but it is now also  taking away right to make noise, yell, cry and weep at the time of dying from hunger.

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Note: The Article is also published at other places including the NewsBlaze, BHRPC site with the title of Assam Government Fails to Protect Right to Life With Dignity of Tea Workers and Bhuvan valley: don’t take away right to cry and weep! respectively.

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[1] The writer is a human rights defender based in Guwahati, Assam can be reached at wali.laskar@gmail.com

[2] Barak Human Rights Protection Committee (BHRPC). “Tea labourers die of starvation due to exploitation of garden management and government apathy in Assam.” Barak Human Rights Protection Committee (BHRPC), 2012. Web. 1 February 2012 <http://bhrpc.wordpress.com/2012/02/01/hungeralert1/>

[3] “Bhuvan Valley: no hunger deaths.“ Sakalbela 18 February 2012 Silchar ed. Print.

[4] Barak Human Rights Protection Committee (BHRPC). “Situation of hunger deteriorates in Assam tea garden.” Barak Human Rights Protection Committee (BHRPC), 2012. Web. 11 February 2012 <http://bhrpc.wordpress.com/2012/02/23/situation-of-hunger-deteriorates-in-assam-tea-garden/>

[5] Barak Human Rights Protection Committee (BHRPC). “Two more people died in Assam tea garden.” Barak Human Rights Protection Committee (BHRPC), 2012. Web. 23 February 2012 <http://bhrpc.wordpress.com/2012/02/23/hungeralert3/>

[6] Barak Human Rights Protection Committee (BHRPC). “Assam government’s actions regarding starvation deaths are inadequate and misleading.” Barak Human Rights Protection Committee (BHRPC), 2012. Web. 3 March 2012 < http://bhrpc.wordpress.com/2012/03/03/assam-governments-actions-in-starvation-deaths-are-inadequate-and-misleading/>

[7] Barak Human Rights Protection Committee (BHRPC). “Deaths continue unabated in Assam tea garden.” Barak Human Rights Protection Committee (BHRPC), 2012. Web. 10 March 2012   <http://bhrpc.wordpress.com/2012/03/10/hungeralert4//>

[8] (a) Asian Human Rights Commission—Hunger Alert Programme. “INDIA: Assam government failed to ensure the right to life with dignity of tea plantation workers leading to ten deaths.” Asian Human Rights Commission, 2012. Web. 7 February 2012  <http://www.humanrights.asia/news/hunger-alerts/AHRC-HAU-001-2012/AHRC-HAC-002-201>

    (b) Asian Human Rights Commission—Hunger Alert Programme. “INDIA: Two more estate workers die from starvation while the government denies responsibility.” Asian Human Rights Commission, 2012. Web. 27 February 2012  < http://www.humanrights.asia/news/hunger-alerts/AHRC-HAU-001-2012>

[9] “Swami Agnivesh writes to Assam CM on starvation deaths.” The Sentinel. Web. 5 February 2012 Silchar ed.  <http://www.sentinelassam.com/cachar/story.php?sec=2&subsec=12&id=105944&dtP=2012-02-05&ppr=1>

[10]  Sen, Arijit. “Stay hungry: The story behind Assam tea”. IBNLive. Web. 21 February 2012. < http://ibnlive.in.com/blogs/arijitsen/148/63192/stay-hungry-the-story-behind-assam-tea.html>

[11]  Choudhury, Ratnadip. "Did they die of hunger? The Question Haunts Barak Valley." Tehelka 25 February: 10-11. Print.

[12]  “SC Commissioners take note of starvation deaths.” The Assam Tribune. Web. 2 March 2012 Guwahati ed.  <http://www.assamtribune.com/scripts/detailsnew.asp?id=mar0212/state07>

[13] NHRC Case No.  51/3/2/2012

[14]  “Dispur rap on garden for deaths” The Telegraph. Web. March 2012 Kolkata ed. <http://vv.telegraphindia.com/1120314/jsp/northeast/story_15246290.jsp>

[15] Ibid

[16] “Government will run the garden in case owners unable: Gogoi.” Dainik Samayik Prasanga 14 March  2012 Silchar ed. Print.

[17] Roy, Sipra. “Bhuban Valley TE labourers not getting loans from PF.” The Seven Sisters Post. Web. 1 April Guwahati ed. <http://sevensisterspost.com/?p=1944# >

[18] People’s Union for Civil Liberties Vs. Union of India and Others (Writ Petition (civil) 196 of 2001); date of Judgement: 13/12/2006 in IA Nos. 34, 35, 40, 49, 58, 59, 60, 61 and 62

[19] SNP stand for Supplementary Nutrition Programme.

[20] People’s Union for Civil Liberties Vs. Union of India and Others (Writ Petition (civil) 196 of 2001); Date of Judgement: April 22, 2009

[21] Ibid

[22] Ibid

[23]  It is a hypothetical table based on survey of several Anganwadi centres and meant to show break-up of a typical centre in Cachar district. It needs to be noted that they don’t maintain list of severely malnourished or underweight children.

Where army is police and police is goons

BHRPC submits cases of extra-judicial executions in Barak valley to the UN Special Rapporteur

Guwahati, 28 March: “Ours is a case of doing works of police by the army and using the regular state police by ruling politicians as their personal army” said Waliullah Ahmed Laskar during his oral presentation at the North Eastern regional briefing to the United Nations special rapporteur on extrajudicial, summary or arbitrary executions held today here at Ashoka Brahmaputra hotel. Mr. Laskar, director of law and legal affairs of the Barak Human Rights Protection Committee (BHRPC) added, “although there are no terrorist activities and any home grown insurgent groups in Barak valley that can pose a threat to the national integrity and security the Armed Forces (Special Power) Act, 1958 is in force in the valley along with the rest of Assam and parts of some other North East Indian states and Jammu and Kashmir. The Act empowers the army personnel to use lethal force against civilians even to the causing of death on mere suspicion that they may act in breach of any law or any order along with the power to enter into any doweling places by breaking their entrance and search and seize anything without warrant and arrest any person without warrant and keep the arrestees in custody for unspecified times without charge. The AFSPA also places the army above the law, constitution and judiciary for acts claimed to be done under the Act by barring institution of prosecution, suits or any judicial procedure in any court inIndia.” He further added that the state police also operate under a similar draconian law called the Assam Disturbed Areas Act, 1955 and showed how the Assam Police Act, 2007 is a fraud on the people as well as on the Supreme Court of India in so far as it claims to conform with requirements of directives issued by the supreme court in Prakash Singh and others Vs. Union of India and others.

He also submitted a report to the special rapporteur professor Christof Heyns, who is on a fact-finding mission inIndiafrom 19 March to 30 March, containing cases of extra-judicial or arbitrary killing of innocent people both by the state police and armed forces of the central government. Cases that were submitted include 1. killing of one Islamul Hoque Choudhury (of Sonai, Cachar) by police because he became to threat to them as he witnessed how they tortured another person to death, 2 extra-judicial killing of Hashmat Ali (Kalain, Cachar) by police after being bribed by another person to teach him a lesson, 3. death of Motahir Ali (Kalain, Cachar) caused by torture in police custody as his family could not pay the amount of bribe demanded by the police for his release, 4. death of Mr. Moyfor Raja (Katlicherra, Hailakandi) in police custody due to torture, 5. fake encounter killing of Jamir Uddin (Katlicherra, Hailakandi) by central reserve police force personnel, 6. death of Iskandar Ali (Dholai, Cachar) caused by indiscriminate firing of  CRF personnel at a market place, 7. killing of a car driver by police apparently for speeding and 8. extra-judicial execution of Iqbal Hussain Laskar (Algapur, Hailakandi) by army after they picked him up and some other cases.

The BHRPC urged the special rapporteur to recommend to the authorities inIndiato 1. to repeal the Armed Forces (Special Power) Act, 1958; 2. to repeal the Assam Disturbed Areas Act, 1955; 3. to make the Unlawful Activities Prevention Act, 1967 compatible with international human rights standards by amending the Act; 4. to bring the Assam Police Act, 2007 in conformity with the directives of the Supreme Court of India through amendment; 5. to amend the Protection of Human Rights Act, 1993 to extend the jurisdiction of both the state and national human rights commissions to conduct independent inquiries into cases of alleged human rights violations by the armed forces and to lengthen the limitation period of one year to five years; 6. to constitute an independent commission headed by a retired chief justice of a high court or the supreme eligible to be appointed as the chief justice of India with adequate numbers of members from the civil society to conduct time-bound inquiries into all allegations of extrajudicial, summary or arbitrary executions leading to the initiation of prosecution and provision of adequate reparation; 7. to constitute special courts to conduct trial of all cases of extrajudicial, summary or arbitrary executions under direct monitoring of the Supreme Court of India; and others.

At the meet presided over by Justice W A Shishak, former chief justice of the Chhattisgarh high court, Mr Babloo Loitongbam of Human Rights Alert (Manipur), Ms. Bubumoni Goswami, chairperson of the Manabadhikar Sangram Samiti (MASS, Assam), Ms Rosanna Lyngdoh of the Impulse NGO Network (Mehgalaya), Taring Mama of the Association for Civil Rights (Arunachal Pradesh), Neingulo Krome of the Naga Peoples Movement for Human Rights (Nagaland), Anthony Debbarma of the Borok Peoples Human Rights Organisation (Tripura) and others also made both oral and written submissions.

The special rapporteur who is accompanied by the UN human rights officer Irina Tabirta and other staff said in his concluding remark that he was thankful to the government of India for extending invitation to his mandate to the country and he assured the participants that he would take up the issues raised here with the government of India and is going to have a press conference in Delhi on 30 March where he would share his preliminary recommendations. He is expected to submit his report on the situation of extra-judicial execution inIndiato the UN human rights council and the General Assembly of the UN at the end of this year. Neharul Ahmed Mazumder, secretary general of the BHRPC stated this in a release to media

Read the full submission of the BHRPC to the UN Special Rapporteur on Summary Execution

Reports on starvation deaths in Assam

Waliullah Ahmed Laskar

Tea Labourers dying of hunger in Assam

Residents of a tea garden in South Assam are dying reportedly of hunger, malnutrition and lack of medical care. Barak Human Rights Protection Committee (BHRPC) has so far learnt about 14 recent deaths, prima facie, caused by starvation, malnutrition and lack of proper medical care in the Bhuvan Valley Tea Estate, a tea garden owned by a private company based in Kolkata, in the district of Cachar in North-East Indian state of Assam. As the Tea Estate, in which about 500 permanent and another 1000 casual workers were working, was closed down in October 8, 2011,  they lost their jobs and till 27 February 2012 ten workers lost their lives. According to the fact-finding report issued by the BHRPC on 1 February, the workers have been deprived of their rights as they were forced do overwork and were paid very low wages without being provided any medical treatment while working and, after closure, had the payment of their wages and their provident fund suspended. The rights of plantation workers to fair wage, bonus, provident fund, housing and basic medical facilities in accordance with the Plantation Labour Act, 1951 have not been implemented. In the course of closure, the government failed to make any intervention to guarantee their fundamental rights. It is further found that basic medical care and food distribution for the poor have not reached those workers who lost their livelihoods and that it is one of the causes leading to the deaths.  Even after the publication of the disturbing report the authorities did not take any actions except re-opening of the garden on 9 February and denial of starvation deaths. Therefore, the situation continued to worsen. The BHRPC again on 11 February reported the critical health conditions of 43 other people. Among them two more people died on 18 and 22 February which was also reported by the BHRPC. The Chief Minister of Assam wrote a letter on 29 February giving details of actions taken by the government while at the same time he said that these deaths were not caused by starvation without any proper inquiry. Assam government’s actions were, at beast, inadequate and misleading,said the BHRPC in a statement. On the other hand, deaths continue unabated in the tea garden and on 10 March the BHRPC reported two more deaths. (Please click on the links above for details.)

AFSPA: Legal terror

The non-state armed group (insurgents, extremists or terrorists, whatever you may call them) need to be dealt with and contained because they violate rights of the people to live peacefully, they try to impose their will on the people and the state unlawfully and violently trampling the constitutionalism and the rule of law that are sine qua non for civilised human existence. It is the mandate of the state to maintain the reign of law and constitution and the writ of the government established by law along with ensuring security and safety of the person and property of the citizens. But when the state through its security forces and law enforcement agencies commits more atrocious acts than the acts which it professes it is fighting the difference between the non-state terrorists and the state gets blurred. 

The armed forces of India when operate under the Armed Forces (Special Power) Act, 1958 in North East India or in Jammu and Kashmir (under J&K version) do not act for enforcement of the constitution and the law of the land or for protection of the life and property of the citizens. Because, they operate outside the constitutional and legal system of the land. The AFSPA places them above the constitution, law and human rights obligations. The AFSPA gives them the power to commit atrocities and wreak terror on the citizens which they are supposed to combat and prevent and protect the citizens from, with additional guarantee of immunity from any accountability.The mischief that is addressed in the statute is doubled by its provisions. To purportedly prevent the people from the terror of certain armed groups the sate itself has unleashed its unmatched terror upon the very people under the AFSPA. And it is not only in law but very much in practice.

The inevitable conclusion is that this piece of legislation is not meant for protection of the people and the democratic way of life because it kills both of them. This Act serves to protect the land and its resources from the people who live there. This is in tune with the declaration made by then prime minister Indira Gandhi during the unrest in Mozoram in 1980s that she did not care for the people but the land and cleared the land by bombing from the air.