Saturday, June 2, 2007

NHRC Inspection - Kolam Tribal Starvation Deaths

VIDARBHA JAN ANDOLAN SAMITI :
11, Trisaran Society, In front of Somalwar School, Khamla, Nagpur – 440 025
Tel No. (0712) 2282457 Mob No. 9422108846 / 9371137653 / 9373121947
(Regd Office : At Post : Pandharkawada-445 302, Tq : Kelapur, Distt : Yavatmal)
Ref No. VJAS/PIL-HC/Kolam Deaths/175/2007, June 2, 2007

NHRC VISIT Regarding STARVATION & MALNUTRITION DEATHS OF KOLAM TRIBALS :

NHRC Team to visit vidarbha on 4th june to have on the spot of fact finding report on kolam starvation death and condition regarding Drinking Water, Health Care & BPL Benefits to Kolam Tribals

Petitioner VJAS to raise all issues of plights of Tribals and lack of support from Government before NHRC

After having very difficult task to save the Maharashtra Govt. before Nagpur Bench of Mumbai High Court in PIL pertaining to most serious issues of Starvation & Malnutrition Deaths of Kolam Tribals in Yavatmal District, Now team of NHRC(Natinal huma right commission) headed Dr.L.P.Mishra is visitng on 4th june to vidarbha .This is the NHRC special team will visit all kolam pods to see in to facts raised by the Kishor Tiwari of Vidarbha Jan Andolan Samiti regading Government Apathy & lack of timely support from Mantralaya to address the various issues involving Right to Food, Shelter – Gharkul, Health Care, Education, Drinking Water, etc. to be made available to the distressed Tribals family in the Yavatmal District by the Ground Level Administration in solving the issues and the look in to the the Officials limitations in speedy implementing the Tribal Schemes for want of budgetary supports and approvals of the State Government.

Along with NHRC team ,it is reported Amravati Divisional Commissioner Dr. Sudhir Goyal , PIL Petitioner Vidarbha Jan Andolan Samiti President Sh. Kishore Tiwari and Counsels Adv. Firdos Mirza, Adv. Vinod Tiwari, Adv. Ajay Somani, Asst. Govt. Pleaders Smt. Bharti Dangre & Sh. Arvind Mujumdar and host of the Government Officials from Yavatmal District including District Collector Dr. Harshwardhan Kamble, Z.P. CEO Dr. Sikar Pardesi, Additional Tribal Commissioner Sh. Hmant Limaye, Dy. Commissioner - Civil Supply Sh. Hemant Pawar, Dy. Commissioner Sh. Jaywant Choudhari, I.D.T.P. Project Officer Sh. S.N.Saidane, Dr. Rathod (District Health Officer), Dy. Director of Health Services of Akola and other Officials of Tribals Development and District Administration will visit these kolam pods.NHRC is investigating the complaint filled by Petitioner Sh. Kishore Tiwari in the year 2003, in the wake of untimely, sudden starvation deaths of 52 Kolam Tribals which rocked entire nation in the year 2003.

It may be recalled that the report of High Power Committee appointed by the Hon'ble High Court had pointed out serious issues pertaining to Poor Health-Care, Contaminated & Poisonous Drinking Water, poor conditions of Ashram Schools run by Politicians, short coming in BPL Schemes and denial of benefits to the poor & innocent tribals families residing in 710 villages of tribals belts of Yavatmal Districts. Upon perusal of the report and on the request of PIL Petitioner, the High Court had ordered State Government to take immediate steps and submit Action Taken Report on the serious points raised by the High Power Committee headed by the Divisional Commissioner, Amravati in which Top IAS Officials where the Members of the said fact finding committee who all are the part of administration governing the control of various schemes. But in the joint meeting, officials express their limitations in solving various burning problems of the Tribals inspite of knowing fully well, as they lack in getting timely support from the State Government at Mantralaya even after their repeated efforts.

According to VJAS NHRC team will certainly be shocked to note that many of the villages are forced to drink fluoride contaminated and poisonous drinking water, non availability of Doctors in Tribals area, miserable conditions of shelter and housing, mis-managed Ashram Schools run by the Politicians, non inclusion of illegible families in BPL List due to delay in finalization of BPL list at Mantralaya level, guaranteed employment to the Tribals, etc.

NHRC has been adked for urgent needs for protection of deprived Tribal families whose fundamental Rights to Live & Liberty is infringed due to negligence of State Government as the Tribals have been denied Right to Food, Shelter, Health – Care, Drinking Water & Education inspite of the directions from the Hon'ble High Court.

Limitations of timely support from Mantralaya, the results expected have not been seen effectively, even after four years of continued efforts of the District Administration. The Petitioner was very critical upon the lack of support from State Government and its apathy towards the burning issues of the Tribals in Yavatmal district for which the Vidarbha Jan Andolan Samiti is fighting continuously since last Seven Years.

Kishor Tiwari
Vidarbha JanAndolan Samiti

Friday, May 4, 2007

High Court Directs Maharashtra government - Kolam Tribals

Ref No. VJAS/PIL-HC/Kolam Deaths/175/2007, MAY 4, 2007
PRESS NOTE – URGENT :
PIL ON STARVATION & MALNUTRITION DEATHS OF KOLAM TRIBALS :

HIGH-COURT ORDER TO GIVE B.P.L. CARD, POTABLE WATER, AND HEALTH CARE TO ALL KOLAM TRIBALS FACING STARVATION & MALNUTRITION DEATHS IN YAVATMAL DISTRICT OF VIDARBHA REGION.

Nagpur Bench of Mumbai High Court, after daily sitting of PIL Kolam Tribals Starvation & Malnutrition Deaths in Yavatmal District of Vidarbha Region, which is most affected due to non implementation of various schemes for the benefit of poor tribal families residing in the 710 tribal villages of Nine Talukas of Yavatmal District for protection of fundamental rights of Food, Shelter, Education, Health and Drinking Water ordered Govt. of Maharashtra to issue B.P.L. card, food under Anttyodaya Scheme, potable water and health care and asked Petitioner Vidarbha Jan Andolan Samiti President Kishore Tiwari, to visit all Kolam pods and update progress made by the Govt. in this regard and asked A.G.P. to take all urgent steps to comply in removing tribal hardships reported by petitioner, with out consulting the Hon High Court.
Serious lapses and non compliance of state govt. should be brought before notice of the high court in the vacation too. Here is the text of the order.

TEXT OF ORDER Hon. High Court's Order:
---- QUOTE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY -
APPELLATE SIDE
Writ Petition No. 535 of 2006
CORAM: A.H.JOSHI AND R.C.CHAVAN , JJ DATED: 27.04.2007
1. Learned AGP Mrs. Bharti Dangre makes a statement that she has been able to undertake exercise, of doing the analysis of the tabulated statement furnished by the Learned Advocate Mr. F.T. Mirza for the petitioners.
2. Learned AGP further states that the management for providing Potable water by tankers to villages are already in existence.
3. Learned Advocate Mr. F.T. Mirza states that the petitioner states that the petitioner has positive information that the tankers really do not reach majority of the villages.
4. Learned AGP submits that the petitioner or his Advocate may visit various villages and shall furnish their observations on facts as may be seen , through the Assistant Government Pleader, and if any deficiency is found, it shall be quickly responded even without waiting for the orders of the Court.
5. Learned Advocate for the petitioner states that the petitioner shall visit various villages and based on fact as would be found shall issue necessary communication to the learned AGP. We leave it to the petitioner after waiting for a week if adequate compliance is not done, petitioner may move to the Vacation Judge for appropriate orders if emergency is in existence.
6. In so far as providing facilities to the tribals and primitive tribals living below poverty line or Antodayas classification is concerned, learned AGP has made a statement that the survey is completed, however, list is not complete since the scrutiny of objections.
7. We direct that scrutiny of objections as to be tribals and primitive tribals be taken and disposed off with priority and rather first in order and be completed most expeditiously. A report of progress be furnished within three weeks on affidavit.
8. We hope and expect the learned AGP shall communicate the expectation of this Court to the Government and to take up the matter with top priority.
9. The petition be listed on board for further orders if necessary on 15.6.2007
10. Steno copy of this order be supplied to the learned Advocates on payment of necessary charges as per rule.
JUDGE JUDGE

---- UNQUOTE

Earlier taking very serious view on continual apathy of administration, asked PIL Petitioner kishore tiwari to add Central Government concerned officials as respondents and ordered the State Government to direct Amravati Divisional Commissioner to submit details of action taken reports by Wednesday 25 th April as Hon. High Court has decided, to hold urgent daily hearing in the matter of PIL filed, asking High Court to save dying Kolam Tribal community, due to apathy of govt.
The Division Bench of the High Court at Nagpur, consisting of Justice Shri Ambadas H. Joshi and Justice Shri R.C. Chavan while hearing the Public Interest Writ Petition filed by Vidarbha JanAndolan Samiti President Shri Kishore Tiwari in the matter of infringement of fundamental rights to Live & Life of the poor tribal families in the Tribal Belt of Yavatmal District,

Last month too, High court ordered Petitioner Vidarbha Jan Andolan Samiti President Shri Kishore Tiwari & all concerned officials of the State Government to implement the Action Taken Report on the Kolam Tribals Starvation & Malnutrition Deaths in Yavatmal District of Vidarbha Region, which is most affected due to non implementation of various schemes for the benefit of poor tribal families residing in the 710 tribal villages of Nine Talukas of Yavatmal District for protection of fundamental rights of Food, Shelter, Education, Health and Drinking Water to be made available to the tribals.

The tribal families who all are deprived of basic means of life such as food, shelter, education, health & drinking water due to the apathy of the State Government in implementation the various welfare schemes, even after the report from the High Power Committee appointed by the High Court in the PIL.
It may be recalled that the PIL Writ Petition was filed way back in May 2003 when the 52 Kolam Tribals died of starvation in Yavatmal District. The Hon. High Court Division Bench at Nagpur, had appointed various committees from time to time during the period of last 3 ½ years and finally had directed the State Government to submit Action Taken Report.

Petitioner Kishor Tiwari has decided to visit all 700 kolam pods and will submit video recorded report of progress on high-court various orders and pathetic condition kolam tribals in vidarbha.
from : Vidarbha JanAndolan Samiti

Monday, April 23, 2007

Include Government Officials as Respondents

VIDARBHA JAN ANDOLAN SAMITI :
11, Trisaran Society, In front of Somalwar School, Khamla, Nagpur – 440 025
Tel No. (0712) 2282457 Mob No. 9422108846 / 9371137653 / 9373121947
(Regd Office: At Post: Pandharkawada-445 302, Tq: Kelapur, Distt: Yavatmal)
Ref No. VJAS/PIL-HC/Kolam Deaths/175/2007, April 25, 2007
PRESS NOTE – URGENT - PIL ON STARVATION & MALNUTRITION DEATHS OF KOLAM TRIBALS :

HIGH COURT ORDER TAKES SERIOUS VIEW ON PLIGHTS OF KOLAM POOR TRIBALS FACING STARVATION & MALNUTRITION DEATHS IN YAVATMAL DISTRICT OF VIDARBHA REGION.
NAGPUR, DATED 23rd April 2007 :

Nagpur Bench of Mumbai High-Court has today taken very serious view asked PIL Petitioner to add central govt. concerned officials as respondents and ordered the State Government to direct Amravati Divisional Commissioner to submit details of action taken reports by Wednesday 25th April, as High Court has decided to hold urgent daily hearing in the matter of PIL filed asking high court to save dying Kolam Tribal community due to apathy of govt.

The Division Bench of the High Court at Nagpur consisting of Justice Shri Ambadas H. Joshi and Justice Shri R.C. Chavan while hearing the Public Interest Writ Petition, filed by Vidarbha JanAndolan Samiti President, Shri Kishore Tiwari, in the matter of infringement of fundamental rights to Live & Life of the poor tribal families in the Tribal Belt of Yavatmal District,

Earlier last month, High court ordered Petitioner Vidarbha JanAndolan Samiti President Shri Kishore Tiwari, & all concerned officials, of the State Government, to implement the Action Taken Report on the Kolam Tribals Starvation & Malnutrition Deaths in Yavatmal District of Vidarbha Region, which is most affected, due to non implementation of various schemes for the benefit of poor tribal families residing in the 710 tribal villages of Nine Talukas of Yavatmal District for protection of fundamental rights of Food, Shelter, Education, Health and Drinking Water to be made available to the tribals.

The tribal families who all are deprived of basic means of life such as food, shelter, education, health & drinking water, due to the apathy of the State Government in implementation the various welfare schemes, even after the report from the High Power Committee appointed by the High Court in the PIL.
It may be recalled that the PIL Writ Petition was filed way back in May 2003 when the 52 Kolam Tribals died of starvation in Yavatmal District.
The High-Court Division Bench at Nagpur had appointed various committees from time to time, during the period, of last 3 ½ years and finally, had directed the State Government to submit Action Taken Report.

Today when the matter come up for hearing the Petitioner's Counsel Adv. Adv. Ajay Somani pointed out various shortcomings in the implementation of various schemes for the tribals.
After hearing both the sides, High Court ordered State Government to direct Divisional Commissioner at Amravati to submit details of action that govt. has taken so far, as per as kolam tribal basic issues of food, potable water, health care and shelter is concern and nominate the responsible officer not below the rank of collector in order to fix accountability of govt.
Lapses in the implementation of various schemes for kolam tribal and have regular in the matter of implementation of the Action Taken Report, for the welfare of the poor tribal families residing in the Nine tribal Talukas of Yavatmal District.
A.G.P. Bharati Dangare appeared for the Government of Maharashtra.

Monday, March 26, 2007

Semantics of Race, Caste and Class

Dear Bahujan Samaj Members,

I have been reading about a UN Committee on the Elimination of Racial Discrimination (CERD) Report, that has called upon the Indian government to ensure an immediate end to the violence on Dalits and a repeal of the Armed Forces Special Powers Act.

Please note, this UN Committee, is headed by Linos Alexander Sicilianos, a Greek European. Apparently, CERD held two sittings in Geneva on February 23 and 26. The CERD issued its report soon thereafter, from Geneva this month.

The report has found that the 1. "de facto segregation of Dalits persists" and highlighted 2. systematic abuse against Dalits, including torture and extra-judicial killings, 3. an "alarming" extent of sexual violence against Dalit women, and 4. caste discrimination in post-tsunami relief.

I found it interesting that the report highlights a discrepancy between the statement of Indian Prime Minister ManMohan Singh and the official Indian UN dleegation. While the committee hands out kudos to the Prime Minister, it has thought fit to criticize Indian UN bureaucrats for their so called, "arrogant rejection of well documented abuses against Dalits in India".

It has also referred to a mysterious European terminology complaining that "the Indian delegation has resorted to a semantic debate on the difference between caste and race. "

Very interesting. Please feel free to comment.

The story is at : http://www.hindustantimes.in/news/181_1958208,0008.htm

Warm Regards,

Nagarjuna

http://groups.yahoo.com/group/bahujansamaj/

Wednesday, March 21, 2007

Tears, Maharashtra Onions and Bureaucrats

The real reasons for Maharashtra government and politicians apathy towards starvation deaths of Maharashtra KOLAM tribals are being revealed now like the skins of the Maharashtra Onion. One by one the Maharashtra onion peels are coming off :
PIL ON STARVATION & MALNUTRITION DEATHS OF KOLAM TRIBALS :

STATE GOVERNMENT'S APATHY TOWARDS SOLVING THE BURNING ISSUES OF TRIBALS SURFACED IN JOINT MEETING :
Drinking Water, Health Care & BPL Benefits to Kolam Tribals heldup for want of timely support from Mantralaya :
1. Officials expressed inability due to limitations on their part.

PIL Petitioner to raise all issues of plights of Tribals and lack of support from Government before High Court on 29th March, 2007 Hearing :
NAGPUR, DATED 21st March, Wednesday :

The Joint Meeting organized by the State Government after the Orders of Nagpur Bench of Mumbai High Court in PIL pertaining to most serious issues of Starvation & Malnutrition Deaths of Kolam Tribals in Yavatmal District, has witnessed Government Apathy & lack of timely support from Mantralaya to address the various issues involving Right to Food, Shelter – Gharkul, Health Care, Education, Drinking Water, etc. to be made available to the distressed Tribals family in the Yavatmal District by the Ground Level Administration in solving the issues as the Officials expressed their limitations in speedy implementing the Tribal Schemes for want of budgetary supports and approvals of the State Government.

The meeting was held at Nagpur Yesterday on 20th March, 2007 at Divisional Commissionerate, under the Chairmanship of Amravati Divisional Commissioner Dr. Sudhir Goyal in which PIL Petitioner Vidarbha Jan Andolan Samiti President Sh. Kishore Tiwari and Counsels Adv. Firdos Mirza, Adv. Vinod Tiwari, Adv. Ajay Somani, Asst. Govt. Pleaders Smt. Bharti Dangre & Sh. Arvind Mujumdar and host of the Government Officials from Yavatmal District including District Collector Dr. Harshwardhan Kamble, Z.P. CEO Dr. Sikar Pardesi, Additional Tribal Commissioner Sh. Hemant Limaye, Dy. Commissioner - Civil Supply Sh. Hemant Pawar, Dy. Commissioner Sh. Jaywant Choudhari, I.D.T.P. Project Officer Sh. S.N.Saidane, Dr. Rathod (District Health Officer), Dy. Director of Health Services of Akola and other Officials of Tribals Development and District Administration attended the emergent meeting organized pursuant to the Orders of Hon'ble High Court which is hearing the PIL filled by Petitioner Sh. Kishore Tiwari in the year 2003, in the wake of untimely, sudden starvation deaths of 52 Kolam Tribals which rocked entire nation in the year 2003.

In the meeting, the Officials submitted detailed reports based upon the Action Taken Report submitted by the State Government in the High Court alongwith the Affidavit on various aspects pertaining to issues of Right to Food, Shelter, Health-Care, Drinking Water, Education of the deprived Tribals in Yavatmal District.

It may be recalled that the report of High Power Committee appointed by the Hon'ble High Court had pointed out serious issues pertaining to Poor Health-Care, Contaminated & Poisonous Drinking Water, poor conditions of Ashram Schools run by Politicians, short coming in BPL Schemes and denial of benefits to the poor & innocent tribals families residing in 710 villages of tribals belts of Yavatmal Districts. Upon perusal of the report and on the request of PIL Petitioner, the High Court had ordered State Government to take immediate steps and submit Action Taken Report on the serious points raised by the High Power Committee headed by the Divisional Commissioner, Amravati in which Top IAS Officials where the Members of the said fact finding committee who all are the part of administration governing the control of various schemes.
But in the joint meeting, officials express their limitations in solving various burning problems of the Tribals inspite of knowing fully well, as they lack in getting timely support from the State Government at Mantralaya even after their repeated efforts.

The joint meeting was shocked to note that many of the villages are forced to drink fluoride contaminated and poisonous drinking water, non availability of Doctors in Tribals area, miserable conditions of shelter and housing, mis-managed Ashram Schools run by the Politicians, non inclusion of illegible families in BPL List due to delay in finalization of BPL list at Mantralaya level, guaranteed employment to the Tribals, etc.

The Petitioners counsel Adv. Firdos Mirza and Adv. Vinod Tiwari raised various short comings in the report and traced to record the same in the Minutes of meeting so that it can be pointed out before the Hon'ble High Court for passing appropriate orders / directions to the State Government in light of urgent needs for protection of deprived Tribal families whose fundamental Rights to Live & Liberty is infringed due to negligence of State Government as the Tribals have been denied Right to Food, Shelter, Health – Care, Drinking Water & Education inspite of the directions from the Hon'ble High Court.

The joint meeting was conducted in a very cordial and non - adversial manner, in which officials expressed their serious concern towards the implementation of various schemes for the Tribals but due to limitations of timely support from Mantralaya, the results expected have not been seen effectively, even after four years of continued efforts of the District Administration. The Petitioner was very critical upon the lack of support from State Government and its apathy towards the burning issues of the Tribals in Yavatmal district for which the Vidarbha Jan Andolan Samiti is fighting continuously since last Seven Years.

As ordered by the Hon'ble High Court, the report of the Joint Meeting alongwith the Minutes will be placed before the Hon'ble High Court on the next date of hearing on 29th March, 2007.

Monday, March 19, 2007

19 March 2007 - HC Orders to Amaravati DC

Ref No. VJAS/PIL-HC/Kolam Deaths/175/2007, March 19, 2007

PRESS NOTE – URGENT
PIL ON STARVATION & MALNUTRITION DEATHS OF KOLAM TRIBALS :
HIGH-COURT ORDERS IN PIL :
STATE GOVERNMENT TO HOLD URGENT MEETING ON TOMORROW – 20TH MARCH, 2007 FOR IMPLEMENTATION OF ACTION TAKEN REPORT FOR THE BENEFIT OF POOR TRIBALS FACING STARVATION & MALNUTRITION DEATHS IN YAVATMAL DISTRICT OF VIDARBHA REGION.

NAGPUR, DATED 19th March, Monday

Consequent upon the Nagpur Bench of Mumbai High-Court orders the State Government has now finally directed to Amravati Divisional Commissioner to hold urgent meeting on 20 th March, 2007 at Nagpur Divisional Commissionerate, along with the PIL Petitioner Vidarbha JanAndolan Samiti President Shri Kishore Tiwari & all concerned officials of the State Government to implement the Action Taken Report on the Kolam Tribals Starvation & Malnutrition Deaths in Yavatmal District of Vidarbha Region. The tribal belt of Yavatmal District is most affected due to non implementation of various schemes for the benefit of poor tribal families residing in the 710 tribal villages of Nine Talukas of Yavatmal District and the poor tribals are deprived of fundamental rights of Food, Shelter, Education, Health and Drinking Water even after the directions of Hon'ble High-Court.



It may be recalled that, on 14 th March, 2007, the Division Bench of the High-Court at Nagpur consisting of Justice Shri Ambadas H. Joshi and Justice Shri R.C. Chavan while hearing the Public Interest Writ Petition filed by Vidarbha JanAndolan Samiti President Shri Kishore Tiwari in the matter of infringement of fundamental rights to Live & Life of the poor tribal families in the Tribal Belt of Yavatmal District, passed the above order. The High-Court is seriously concerned with the facts that, the tribal families are deprived of basic means of life such as food, shelter, education, health & drinking water due to the apathy of the State Government in implementation the various welfare schemes, even after the report from the High Power Committee appointed by the High-Court in the PIL.

It may be recalled that the PIL Writ Petition was filed way back in May 2003 when the 52 Kolam Tribals died of starvation in Yavatmal District. The High-Court Division Bench at Nagpur had appointed various committees from time to time during the period of last 3 ½ years and finally had directed the State Government to submit Action Taken Report.

As per the orders of the High-Court, the Minutes of the Meeting will have to be submitted within 10 days and next date of hearing has been fixed for 29 th March 2007.

Friday, March 16, 2007

High Court Orders Kolam Tribal Deaths ATR Implementation

HC Ordered Implementation Of Action Taken Report :
In Kolam Tribals Deaths :

Nagpur Bench of Mumbai High-Court has ordered the State Government to direct Amravati Divisional Commissioner to hold urgent meeting along with the PIL Petitioner Vidarbha Jan Aandolan Samiti & all concerned officials of the State Government to implement the Action Taken Report on the death of Kolam Tribals due to Starvation & Malnutrition in Yavatmal District of Vidarbha Region. The Division Bench of the High-Court at Nagpur consisting of Justice Ambadas H. Joshi and Justice R.C. Chavan while hearing the Public Interest Writ Petition filed by Vidarbha Jan Andolan Samiti President Kishore Tiwari on infringement of fundamental rights of the poor people in the Tribal Belt of Yavatmal District, passed the above order.

It may be recalled that the PIL was filed in May 2003 when the 52 Kolam Tribals died of starvation in Yavatmal District.
The High-Court Division Bench at Nagpur had appointed various committees during the period of last 3 ½ years.
Today when the matter come up for hearing the Petitioner's Counsel Advocate Firdos Mirza, Adv. Vinod Tiwari and Adv. Ajay Somani pointed out various shortcomings in the implementation of various welfare schemes for the tribals,
For which, the bench ordered State Government, to arrange meeting with the Amravati District Commissioner along with petitioner Vidarbha Jan Andolan Samiti and other concerned officials.
The next date of hearing has been fixed as 29th March 2007 by the Honourable Court.

Maharashtra Ordered By High Court

Ref No. VJAS/PIL-HC/Kolam Deaths/175/2007, March 14, 2007
PRESS NOTE – URGENTPIL ON STARVATION & MALNUTRITION DEATHS OF KOLAM TRIBALS :

HIGH-COURT ORDERS STATE GOVERNMENT TO HOLD URGENT MEETING FOR IMPLEMENTATION OF ACTION TAKEN REPORT FOR THE BENEFIT OF POOR TRIBALS FACING STARVATION & MALNUTRITION DEATHS IN YAVATMAL DISTRICT OF VIDARBHA REGION.

NAGPUR, DATED 14th March, 2007

Nagpur Bench of Mumbai High-Court has ordered the State Government to direct Amravati Divisional Commissioner to hold urgent meeting along with the PIL Petitioner Vidarbha JanAndolan Samiti President Shri Kishore Tiwari & all concerned officials of the State Government to implement the Action Taken Report on the Kolam Tribals Starvation & Malnutrition Deaths in Yavatmal District of Vidarbha Region, which is most affected due to non implementation of various schemes for the benefit of poor tribal families residing in the 710 tribal villages of Nine Talukas of Yavatmal District for protection of fundamental rights of Food, Shelter, Education, Health and Drinking Water to be made available to the tribals.

The Division Bench of the High-Court at Nagpur consisting of Justice Shri Ambadas H. Joshi and Justice Shri R.C. Chavan while hearing the Public Interest Writ Petition filed by Vidarbha JanAndolan Samiti President Shri Kishore Tiwari in the matter of infringement of fundamental rights to Live & Life of the poor tribal families in the Tribal Belt of Yavatmal District, passed the above order. The tribal families who all are deprived of basic means of life such as food, shelter, education, health & drinking water due to the apathy of the State Government in implementation the various welfare schemes, even after the report from the High Power Committee appointed by the High-Court in the PIL.

It may be recalled that the PIL Writ Petition was filed way back in May 2003 when the 52 Kolam Tribals died of starvation in Yavatmal District. The High-Court Division Bench at Nagpur had appointed various committees from time to time during the period of last 3 ½ years and finally had directed the State Government to submit Action Taken Report.

Today when the matter come up for hearing the Petitioner's Counsel Adv. Firdos Mirza, Adv. Vinod Tiwari and Adv. Ajay Somani pointed out various shortcomings in the implementation of various schemes for the tribals.

After hearing both the sides, High-Court ordered State Government to direct Divisional Commissioner at Amravati to hold urgent meeting of all officials concerned along with the Petitioner and his Counsels in the matter of implementation of the Action Taken Report for the welfare of the poor tribal families residing in the Nine tribal Talukas of Yavatmal District.

The Minutes of the Meeting need to be submitted within 10 days of the Order and next date of hearing has been fixed for 29th March 2007, the High-Court Ordered.

Sunday, February 18, 2007

Adivasi father and Son Suicide Pact

Western Vidarbha :

1. SHYAMRAO CHANDRABHAN KINAKE VILLAGE- UMARI-YAVATMAL
2. VINOD SHAYRAO KINAKE-VILLAGE-UMARI-YAVATMAL
Shyam and Vinod were a adivasi father and son duo.
Huge debt, healthcare costs and agrarian distress are assumed to be behind the tribal father and son suicide pacts.
The Divisional Commissioner in charge of Relief, Shri Sudhir Goyal is reported to be shedding crocodile tears and giving interviews to media - "My heart goes out for those who ended their lives out of acute frustration and for their bereaved families even as I am worried about those caught in the web of a flawed system".
The Finance Minister Shri Chidambaram and Shri Sharad Pawar of Central Congress government, have no time to even meet representatives of suicidal and indebted farmers with no hope.
Congress Government seems more keen on implementing Farm Exit Policy for Vidarbha farmers rather than the announced Prime Minister package.
Kolam Tribal deaths and Action Taken Reports are being monitored by Nagpur Bench of Maharashtra High Court.

Wednesday, February 14, 2007

Kolam Starvation Deaths Data - ATR

In a PIL filed with the Nagpur Bench, of Maharashtra High Court, clarifications, data and figures have been requested regarding Action Taken Reports (ATR), submitted by the state government.
Exact figures and data, have been requested for Kolam Habitation, Yavatmal, deaths between July 2006 - December 2006.
The Honourable High Court has asked for the comments to be returned within 15 days.

RESPONDENTS :
1. The State of Maharashtra,
Through The Chief Secretary, Mantralaya, Mumbai – 32. 2. The Secretary,
Department of Tribal Development, Mantralaya, Mumbai – 32.
3. The Secretary,
Department of Food & Civil Supply, Mantralaya, Mumbai – 32.
4. The Divisional Commissioner, Amravati Revenue Division, Camp, Amravati.
5. The District Collector, Yavatmal, District – Yavatmal.

The Petitioner Kishor Tiwari, strongly objected the Govt. of Maharashtra's submission, and told to High Court, that Govt. of Maharashtra, is not serious in saving Kolam tribals in Vidarbha as they have acted just against their Action Taken Report in areas of health care, food supply, housing, child and women welfare etc.
He pointed out that the Govt has reduced the staff and fund on these programmes and over thousand Kolam tribals have been deleted from the list of BPL families in the recent past. The ICDS scheme has completely failed and more malnutrition and child deaths have been reported in the Vidarbha.

The High Court was shocked to learn from the govt. reply on the final report that Kolam tribals are asked to go to work 140 k.m. away from their actual habitat and they have not even provided basic facilities of shelter, food and education. The govt. has misused the 9% reserved fund meant for tribals for the salaries of babus in the state, which is against the constitutional provision, Kishor Tiwari informed the honourable court.

The Kolam starvation PIL has been listed in next 15 days

Points raised in petition are :
1. The beneficiaries of Annapurna and Antodaya Scheme are not included in the list of below poverty line.
2. Supply and quality check of the food-grains of PDS :
3. Clothing to the Kolambs :
4. Shelter to Tribal families: It was found that the Kolams are not having shelter and in monsoon season they have to pass sleepless nights on trees and hence a special project for housing is required.
5. Drinking Water : The report demonstrated the sorry state of water supply so also the availability of potable drinking water to the tribals and also the fluoride contaminated water.
6. Health Services Recommendations is to have qualified Doctors, trained staff and adequate medicines.
7. Regular Employment to the tribal.
8. Education to Tribal Families. The Commissioner has found in various villages the nutritious diets in the schools was not supplied, neither the Khichadi is distributed. The post in Ashram Schools were found vacant.
9. Benefit of various schemes of Central / State Govt.
10. Budgetary allocations for Tribal sub-plan for implementation of the basic schemes of food, shelter, health, education and water.
11. Sensitization of Government officials, about the Tribal issues, for understanding their problems.

The petitioners have pointed out, with disappointment, that the Action Taken Report is not at all a report but is an eye-wash having not a single statement about what action in which area is taken.

Tuesday, February 13, 2007

Malnutrition and Kolam Tribals Starvation PIL

Malnutrition Amongst Kolam Tribals :

The Nagpur Divisional Bench of Mumbai High Court is siezed of the matter of the difference between ground level reality and the Action Taken Reports filed in the High Court, concerning Kolam tribal deaths and lakhs of malnutrition cases being reported by the state health authorities.

Starvation, malnutrition and hidden hunger amongst tribals and indebted farmers, are issues that are of prime importance even as the Central Congress government is considering ways of opening up the food retail sector to foreign investment and global logistics experts in food retail.

Public interest litigation, regarding tribal families malnutrition cases, amongst tribals, deserve attention by the state health authorities, not only in Maharashtra but also in West Bengal, Orissa, Jharkhand and Gujarat.
Somehow, the media gets awakened to the issue of malnutrition only when there are a few starvation deaths.
Tribals are being asked to walk as much as 140 kilometres to avail of state government provided food and basic nutrition.
There is an urgent need to review if the Indian Agriculture Ministry is pursuing policies and global trade agreements that are causing local food insecurity amongst large sections of Indian population like children, women and tribals, who do not have adequate health protection.