Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

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, 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.