India: A family denied of their rights faces eviction

Hunger Alert Case: AHRC-HAC-004-2012

Click here to send an APPEAL LETTER

06 August 2012
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INDIA: A family denied of their rights faces eviction that may push it to starvation

ISSUES: Right to food; inhuman and degrading treatment; hunger, starvation, corruption; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Manabadhikar Suraksha Mancha (Masum) that the family of a single parent Ms. Sarathi Mondal from district Murshidabad in West Bengal is living under the continuous threat of eviction from the authorities without any rehabilitation. Ms. Mondal, who lost her husband long ago and lives with her teenage son now, has made numerous attempts to get access to the welfare schemes of the state which she rightfully deserves. All her requests like for ration card and a house has been repeatedly turned down by the authorities. The authorities, however, are now threatening to evict her from the thatched hut she has built on the government land.

CASE NARRATIVE:

Ms. Sarathi Mondal, wife of Late Haripada Mondal and aged about 43 years, belongs to Schedule Caste (Chai) community. She lost her husband and is now living with her minor son; Gobinda Mondal aged about 15 years. The family was forced to erect their thatched hut on the government land after losing their dwelling and all other belongings continuous erosion and finally the flash flood caused by river Padma in the year 1998. She is living at village Char Sahebnagar, Post Office Border Para, Police Station Raninagar of District Murshidabad in West Bengal from the year 1999. Now, her dwelling is on the verge of collapse and she is not in a condition to repair it. The condition has merely worsened due to monsoon. The worried mother; Ms. Sarathi is also not in a position to fend for her minor son who has no support other than her. The influential political persons of the locality are trying to dislodge her from the place with ulterior reasons thus compounding her agony. Sarathi, under tremendous pressures from this section, failed to lodge a formal complaint to local police but she made an application before the District Magistrate stating her impoverished situation and requested for adequate arrangement of her adobe under the scheme of Indira Awas Yojna and relevant Patta (ownership/ title) of the land in which she is residing with her son. Before making a complaint to the District Magistrate on 24.6.2012, she made several requests to the concern Panchayat members but did not receive any response from them.

It is an utter failure of deliverances on the parts of State machineries and irony lies on the fact that Sarathi does not possess ration card or any other governmental documents stating her socio- economic identity. Her name has not been listed in below poverty category, which further deprives her from receiving benefits of schemes meant for poor and disadvantaged.

Sarathi categorically demanded for patta (title) of the land in which she is residing now, In this connection she also made a request in given format to Block Land and Land Reform Officer; Raninagar Block under Domkal sub division of Murshidabad district stating the schedule of the land as under Basgora Mouza, JL No. 87, Dag No. 1734. The area of the said land is 5 decimal. However, no measure has been taken by that office until now.

SUGGESTED ACTION:
Please write to the authorities mentioned below demanding immediate intervention in Ms. Sarathi Mondal's case. You may also demand an inquiry into why she was not provided with ration card and benefit of other welfare schemes that she is entitled to.

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Click here to send an APPEAL LETTER

SAMPLE LETTER:

Dear __________,

INDIA: A family denied of their rights faces eviction that may push it to starvation

Name of the victim: Mr. Sarathi Mondal, wife of late Mr. Haripada Mondal, aged about 43 years, of Char Sahebnagar village, Border Para Post, Raninagar Police Station Murshidabad district, West Bengal, India.
Place of incident: Char Sahebnagar Village.

I want to draw your kind attention to the pitiable and pathetic situation Ms. Sarathi Mondal, wife of Late Haripada Mondal and aged about 43 years, belongs to Schedule Caste (Chai) community is being forced to live into. She lost her husband and is now living with her minor son; Gobinda Mondal aged about 15 years. The family was forced to erect their thatched hut on the government land after losing their dwelling and all other belongings continuous erosion and finally the flash flood caused by river Padma in the year 1998. She is living at village Char Sahebnagar, Post Office Border Para, Police Station Raninagar of District Murshidabad in West Bengal from the year 1999. Now, her dwelling is on the verge of collapse and she is not in a condition to repair it. The condition has merely worsened due to monsoon. The worried mother; Ms. Sarathi is also not in a position to fend for her minor son who has no support other than her. The influential political persons of the locality are trying to dislodge her from the place with ulterior reasons thus compounding her agony. Sarathi, under tremendous pressures from this section, failed to lodge a formal complaint to local police but she made an application before the District Magistrate stating her impoverished situation and requested for adequate arrangement of her adobe under the scheme of Indira Awas Yojna and relevant Patta (ownership/ title) of the land in which she is residing with her son. Before making a complaint to the District Magistrate on 24.6.2012, she made several requests to the concern Panchayat members but did not receive any response from them.

It is an utter failure of deliverances on the parts of State machineries and irony lies on the fact that Sarathi does not possess ration card or any other governmental documents stating her socio- economic identity. Her name has not been listed in below poverty category, which further deprives her from receiving benefits of schemes meant for poor and disadvantaged.

Sarathi categorically demanded for patta (title) of the land in which she is residing now, In this connection she also made a request in given format to Block Land and Land Reform Officer; Raninagar Block under Domkal sub division of Murshidabad district stating the schedule of the land as under Basgora Mouza, JL No. 87, Dag No. 1734. The area of the said land is 5 decimal. However, no measure has been taken by that office until now.

I therefore urge you to ensure
1. Immediate issuing of ration card to her;
2. Inclusion of her name in BPL category;
3. Ensuring of all entitlements as prescribed in different governmental schemes for a widow from Schedule Caste community living in total destitution;
4. Providing her with accommodation under Indira Awas Yojna accommodation for her;
5. Immediate delivery of Patta (title) of the land to Sarathi in which she is living;
6. Proper investigation into her allegations related to ulterior motives to dislodge her from her dwelling and involvement of a section of Panchayat representatives in it.

Sincerely,
_______

PLEASE SEND YOUR LETTERS TO:

1. Ms. Mamata Banerjee
Chief Minister
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 22144328
Email: cm_wb@nic.in

2. Chief Secretary
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 2214 4328
Email: chiefsec@wb.gov.in

3. Director General & Inspector General of Police
Government of West Bengal
Writers Buildings, Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: dgp_westbengal@gmail.com

4. Additional Chief Secretary (Home)
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Email: sechome@wb.gov.in

5. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax: + 91 11 2338 4863
E-mail: chairnhrc@nic.in

6. Shri. Harsh Mander
Office of the Supreme Court Commissioners
B-68, 2nd Floor, Sarvodaya Enclave
New Delhi-110017
Phone: (011) 26851335, (011) 26851339
Fax: (011) 41829631
Email: sc.commissioners@gmail.com

7. Superintendent of Police
Murshidabad
BMP Police Office
Berhampore 742101, Murshidabad District
West Bengal State
INDIA

Thank you

Hunger Alerts Programme
Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)

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