Sunday, October 26, 2008

Uttar Pradesh: Eye wash tactics of Administartion for Dalits

Uttar Pradesh: Eye wash tactics of Administartion for Dalits

Dr. Lenin Raghuvanshi 27/10/2008 10:11:00 AM(IST)

PVCHR has taken initiative in a matter of allotment of land to the Mushar community on lease for agriculture of village Jungle , Vishunpura. The Mushar community is landless and they have no other means of livelihood except to labour in another field at very low wages. Though they have been allotted land from the state but they could not find possession due to order of cancellation of Hon’ble High Court. PVCHR send the matter to National Human Right Commission, New Delhi and requested the matter to be inquired. National Human Right Commission has registered the case in the case no. 6247/24/2005-2006/M-4. National Human Right Commission asked the State administration to hold a inquiry.

The State administration sent its report after inquiry. The inquiry was conducted by DM through SDM Padrouna B.S.Choudhary.. The Revenue Collector made an inquiry through Subordinate Revenue Collector and submitted his report on 6/10/2005. The report makes it clear that six person of Mushar community have been allotted the additional declared land on lease for agriculture purpose. But the Honorable High Court cancelled the order of declaration by Ceiling Authority and transferred to subordinate court for disposal. So there is no possession over land.

However, to declare ceiling is the act of Government, which is cancelled by Honorable High Court, but in this process the interest of Mushar community is fed up. They are schedule caste and landless people. They have no other means of livelihood except doing labour over others’ field. So it is the duty of the state to comply the interest of Mushar on behalf of them.

The details of lease holder of Village Jungle Vishunpura are as follows:-

1. Issri son of Jingga has been allotted Gata no. 280 K/0.182 hectares. This land is pledged to Sant son of Changur, Caste Lonia by taking money.

2. Kishun lal son of Mallu has been allotted Gata no. 230 G/0.235 hectare. This land is pledged to Smt Prabhawati wife of Nageena, Caste Turha by taking money.

3. Narayan son of Shanichar has been allotted Gata no. 147/0.182 hectare. This land is pledged to Dhukhi son of Bhola, by taking money.

4. Virijhan and Ram Chandra both are son of Guptar has been allotted Gata no. 455 M/0.142 hectare. This land is included in road of PWD.

5. Bindheshwari son of Jingga has been allotted Gata no. 283/0.093 hectare. This land is inherited by three sons Kanta, Gulab, Nathuni of deceased Bindheshwari. Kanta and others have pledged to Shambhu son of Chandi by taking money.

6. Somari son of Shimal has been allotted Gata no. 162 CH/0.089 hectare. This land is pledged to Zakirullah son of Khedan, by taking money.

7. Sundar son of Shanichar has been allotted Gata no. 399 M/0.089 hectare and 6M/0.09. This land is pledged to Bhadur son of Jamuna, Caste Lonia and Sudama son of unknown by taking money.

8. Ram Ugrah son of Jiut has been allotted Gata no. 467/0.182 hectare and 720 G/0.081 hectare. Out of which Gata no. 467/0.089 has been sold to Lal Babu Son of Luxmi caste Turha and Gata no.720 G/0.081 was under possession of Mahendra and other, which has been released in favour of Ram Ugrah son of Jiut by Subordinate Revenue Collector on 04/10/05. Mustered has been sown in this Gata no. 720 G/0.081.

9. Other lease holder has possession land.

All the above mentioned lease holder either pledged their allotted land or sold it. One land is included under road of PWD. So the purpose of Government to allot land for agriculture purpose is fed up. They do not have possession over land. There is clear cut provision in UP Zamindari Abolition Act that nontransferable land is neither sold nor be pledged.

Subordinate Revenue Collector has given his action report to SDM Padrouna on 05/10/05 in which he submitted that he gave possession to Ram Ugrah on Gata no. 720 G with the help of police. However the possession of other Mushar community is to be assured. Though the other five people have been allotted land for agriculture purpose but they still have no possession over these land. So immediate possession is their prompt need.

Along with this the inquiry was done in social welfare like ration card, old aged pension, handicapped pension, widow pension. In a report of Subordinate Revenue Collector sent to Revenue Collector on 03/09/05, it is mentioned that there is 24 Mushar families. Out of which five family Kanta son of Bindheshawari, Ramchander son of Guptar, Sunnnar son of Jiut, Kishore son of Jagdev and Gulab son of Bindhashawari, have no ration card. Six family Channar son of Mannu, Narayan son of Shanichar,Ramdhani son of Bachcha, Somari son of Bhimal, Ramagya son of Akalu and Ram Avatar son of Bachcha, have told that their Antyodaya Ration Card(Red Card) has been made, which is in the possession of Village Head Ram Pyare.

Five families have no ration card, though they belong to Mushar community and they are very poor and living below the poverty line. The other six family have Antyodaya Ration Card (Red Card), but it is in possession of Village Head Ram Pyare and they are not being able to get its benefit. The Antyodaya Ration Card (Red Card) holder told that they get 35 kg (wheat+rice) after Rs 100/ per month. The person who do not have ration card, they have given Rs 100/ per body to Village Head Ram Pyare to make ration card.

No family of Mushar community has been allotted Indira Awas. Marachiya wife of late Sunnar,Ramdeya wife of late Guptar,Shamadeya wife of late Bachcha and Badhia wife of late Mallu, are the real candidate of old aged pension, but their pension has not been accepted. There are no women of dependant widow category. Guddu son of Jagdev is eligible for handicapped pension, but nobody gets pension.

Total 14 family of mushar community have been allotted land of Gram Sabha for agriculture purpose, but only 7 persons could get possession. One person Jagdev son of Banshi has been allotted a non-agricultural land and drainage is flowing over land. Remaining six lease holders have no possession over land.

Taking above mentioned circumstances in to account PVCHR requested to national human right commission to ask appropriate authority to do the needful urgently, so that the Mushar community of Village Jungle, Vishunpura, may get possession over allotted land and those who have not been allotted land, may be allotted land and they have not to work over others’ land. If they have been depossesed from their land by any other means, they may get possession over land. All the persons of Mushar community may get their red or white card for which they are eligible. They are also candidates for Indira Awas Yojana, old aged pension, widow pension and they shall be provided these facilities to ensure their constitutional and other statutory right.

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