Thursday, October 23, 2014

Tuesday, August 19, 2014

Too early to wed


“I studying in Government primary school after class – VIII all my classmates dropped out from school except three [two belongs from upper caste and one from other backward caste (OBC)]. I grownup in the place near to this area and found that the children of the 99% of the families are not going to the school.  We selected this slum and working here for last 14 years and now young generation are leading their own campaign and ITE(Integrated Technology Education) are integrating in the process. This is the model of the hope based on the resilience against the culture of silence for India in particular and South Asia in general”, Says, Lenin Raghuvanshi, founder and CEO, PVCHR.

The three young girls Chanda, Jyoti and Pooja of Munshi Prem with the support of other children of Chandra Bal Panchayat, Baghwanala, Varanasi flagged a campaign ‘Will not do kitchen, I want to get educate” campaign against child marriage in 2010. They are the first generation among their family.

The inspirations of these girls were the activists of child right centric model villages and teachers of the non – formal education center (NFE) initiated by Jan Mitra Nyas/PVCHR with the support of the Child Rights and You (CRY), support from Ashoka fellowship through Lenin Raghuvanshi and later by Sir Dorabji Tata Trust (SDTT). The NFE centre was inaugurated by PVCHR patron Justice Z.M Yacoob, Sitting Judge Constitution Court of South Africa & Chancellor of University of Durban, South Africa. Process of child theatre against child marriage for right of girls made them to understand the consequence of the child marriage. These three sit together and discussed Mere sath hota toh mai kya jarti (If these things happened with me than what I will do) they know that it is not only the girl child who bears the consequences of early marriage but it equally impacts the lives of those around them.

They lit the campaign from opposing their own children marriage but also prevent other to do so. They are creating awareness in their area through meeting of Bal Panchayat, street march, open letter, signature campaign, slogan, distributing promotional materials and showcasing their theatre play Sindhoor nahi Sikha, which shows the demerits of the child marriage.

They vigil in there are and after getting information of Manisha child marriage they immediately called joint meeting of Munshi Premchandra Bal Panchayat and Kishori Baithak and called Manisha parents. After having long discussion Manisha’s parents agreed to send Manisha to her in-laws house after she attains the age of 18. But next day Manisha husband forcefully took her to his house.

When these girls came to know about this incident, they went to Manisha’s in-laws house and argued them sent back Manisha to her parent house. After a long discussion they agree to bring Manisha back after she attains the age of 18. After this no child marriage is happening in Baghwanala.

The journey was not easy for them they faced several problems to break this deep routed evil which have become a part of Indian society for several centuries. They faced challenges and resistance from their own relatives, community and parents of their friends. Mere phupha bole ki yeh dusro ke mamle mein bol rahi hai isliye ham log iski shadi class 10 ke bad kar denge. (My uncle said she is speaking in the matter of others so, we will do her marry after class 10). The parents of my friends were not allowing to send them because they think there child will also “Yeh log bahut bolti hai aur man ki badhi hai tum logo ke sath rahkar hamari ladki kharab ho jayegi” (These girls speak a lot and are open minded. my daughter will ruin after coming along with you). The people from there area torn the poster and washed the slogan written on the wall “Bal vivah band karo) stopped child marriage but few people in the community supported by signing the petition.

The Manish’s father came to Chanda’s mother shop and threatens her “Apni ladki to samjha dijiye nahi toh ham usko uthwa lenge” (Make your child understand otherwise we will kidnap her.

These hurdles were not sufficient to stop the mission of these three girls without any fear they continued their struggle. They performed the street play not only in Baghwanala but also in many different places showing high rate of child marriage.
In personal life these girls are running pillar to post for their survival and working hard to complete their vision to be on the responsible post for eradicating social evil, says Jyoti. Pooja wants to become teacher for giving valuable education to the next generation. Now they are studying in B.A – II year from Uday Pratap College, Varanasi with the scholarship awarded from Raj Dulari Foundation, Sweden and Ms. Parul Sharma.

Their daring initiative was honoured with Savitri Bai Phule Memorial Award, Marwadi Youth Committee also honored them in the presence of Sri D. K. Thakur, Deputy Inspector General of Police of Varanasi Zone, famous industrialist Sri Jhunjhunwala was present at the occasion. Ms. Chanda honoured with HT Judges Choice Award and her profile published in India today. The Hindustan daily Hindi newspaper honoured initiative by inviting them as one day editor guest.

Now they are receiving well support from the community, parents of their friends. Their mission worked as many parents stopped doing child marriage and providing opportunity to their girls for further study and provide space for their right to expression. Now not only three but other 19 children joined in their mission. It is extraordinary inculcating process to curb down the concept of masculinity, which is decreasing the violence in families and community too. Now with the support from SDTT ITE initiative started and Smart phone for education concept of Henrik, Germany are in process for next milestone of empowerment.  The children learned video documentation from their own voice of India.

Shruti says, ‘when we initiated the school first teacher gave resign and then we appointed a women teacher who faced domestic violence in her life. We initiated adult literacy, campaign against police torture and the illegal activities by the criminal in that area. Whole process in the grass – root are mostly implemented by the women activist and responsible men for women rights so, a gender perspective is very strong in process against the existing concept of masculinity.’

Now in Baghwanala three centres built with support from German Ministry NRW via GIZ GmbH, Indo – German Society of Remscheid, Germany, dalit team, Remschied, Germany and Jan Mitra Nyas.

  1. ·         Women centre for women was built after the donation of land by Ms. Urmila Singh (mother of Ms. Shruti Nagvanshi)  
  2. ·         Community center and office for the weaver the land was donated by the community

  • ·         Raja Suhail Dev Jan Mitra Sikshan Kendra was donated by the community.

Their success story got published in India Today, Times of India, Hindustan Times, Amar Ujala, Sanskar Magazine, Beyond Headline, Inqualab urdu newspaper etc.

Story is written by Shrirn shabana Khan, Program Director, PVCHR with input by Shruti Nagvanshi, Puja and Jyoti

Few Links:



Saturday, May 31, 2014

PVCHR experience on Child Labour


 Child labour continues to be a significant phenomenon in India. According to the NSS (National Sample Survey) 66th round (2009-10), there are 49.84 lakh child labourers across the country, and 23.3 per cent of 15 to 18-year-olds are engaged in some income-earning activity. Uttar Pradesh tops the list as the state with highest number of child labour cases in the age group of 10-14 years and third in terms of worst record between 10-18 years. http://timesofindia.indiatimes.com/india/UP-has-highest-number-of-child-labour-cases-NSS/articleshow/20557864.cms. Child labour is a concrete manifestation of violations of a range of rights of children and is recognized as a serious and enormously complex social problem in India. Working children are denied their right to survival and development, education, leisure and play, and adequate standard of living, opportunity for developing personality, talents, mental and physical abilities, and protection from abuse and neglect.
To curb the child labour Dr. Lenin Raghuvanshi was the founding member of Bachpan Bachao Andolan (BBA) and rescued thousands of child labour from Carpet, domestic child labour, sports, sarees, leathers, brick kiln, agriculture, glass industry and trafficking. During the rescue Dr. Lenin realized for that due to the pathetic economic condition again the children sent for it. So, to prevent child labour Dr. Lenin founded PVCHR and created Indrawar as child labour free village on 1st May, 1996 in presence of pharis Harvey of ILRF, USA & Ms. Abigail Abris of RFK memorial centre for Human Rights through four prolong interventions.
In 2001 with the support from CRY the organization initiated for child rights centric village and focussed on the child protection issues in Harhuwa and Badagaon of Varanasi districts with the most marginalized communities as during rescue all labour belongs to Dalits, OBCs and minorities.  Most of the target communities were working in brick kiln because it was income generating to them. The Children spent 9 months along with their parents in the brick kiln industry.  Children in and around the brick kiln areas are drawn into labour as they tend to help their parents by arranging the bricks for drying and collecting the broken and improperly moulded bricks.  Due to the tenancy system the women and children are not counted as worker. It is trend by the employers to show men as employees and it provides opportunity to escape from ensuring the service to women and children. Once they get older, they are drawn into the trade, having being trained at a young age. This age group is the most vulnerable to exploitation and abuse. The National Policy of Children 2013 declares that all children from 0 to 18 years need to be protected and provided with all the facilities of health, education, nutrition and protection.  
In the finding organization found many female children are subjected to physical and sexual abused. Radha (name changed) 15 years was sold to the brick kiln owner  by her relative  in Jaunpur for two months she was sexually abused by the brick kiln owner Mr. Baiju Yadav. Son of Palo Devi who was also helping his parent was shot by brick kiln owner as he saw him in unavoidable condition with different female worker.
In last two and half year (July 2010 – 2012) the organization rescued and released 243 bonded labour from eastern part of Uttar Pradesh. But in this process we experience the apathy of the administration for not registering case under Child Labour (Prohibition and Regulation) Act 1986 and providing rehabilitation package of 20,000 Rupees and not benefiting children with any social service scheme.  After rescue and identification child are not handed over to parents but were sent to Child Welfare Committee. The influence and muscle power of owner are main reason hurdle for identification, rescue and rehabilitation, which is coming due to caste system of India.
In last 13 years slowly and gradually PVCHR expanded it working areas such as seven districts of Uttar Pradesh with intensive engagement in 200 villages with focus on child rights centric village and torture free model villages. After intensive engagement and awareness building now the parents working in the brick kiln are sending their children to school.  In Sakara village many girls enrolled in residential school and providing tuition to the weak children to maintain retention in the school.
PVCHR brought the issues of Bonded Labour Mushar to the National Human Rights Commission in open hearing on atrocities against schedule caste (SC) in Varanasi on 25 – 26 November, 2013 for providing them with social service scheme. In the hearing NHRC ordered for especially providing work to the mushars during rainy season under MNREGA to prevent malnutrition, hunger death and bonded labour. During the visit of Mr. Anil Parashar to Varanasi and Chunar he issued notice to District Magistrate Varanasi and Mirzapur to provide all detailed information related to brick kiln including the total number of labourers male, female and children with their residential addresses and age. http://www.pvchr.net/2014/04/thanks-to-shri-anil-parashar-and-nhrc.html
In 2013 organization organized public hearing on bonded labour and child labour including the three commissions National Human Rights Commission, National Women Commission and National Commission for Protection Child Rights and Ex- Director General of Police, Uttara Khand. In the hearing the cases of child labour from western part of Uttar Pradesh were presented that children are involved in hazardous industry such as in lock industry, meat industry, Agriculture and recycling of the old mobile.
To eliminate child labour PVCHR provided Psycho-social and legal support to survivors, Meta Legal Intervention, Legal intervention, Medical support, Protection & solidarity, Rehabilitation of community, Peoples’ Advocacy, Public hearing, Awareness and child participation so, they are healed and transformed as human rights defenders; they are fearless and now ready to face and confront their perpetrators; they are now in a better position to reclaim and attain their rights. IT was specifically used for the comprehensive advocacy as on the whole as a very non – expensive approach. The cases of bonded labour across India were monitored in daily newspapers and immediately complaint was sent through email to the various concerned authorities.
The musahar ghetto of Sarai village is bonded labour free village. This was possible with the tireless process and community aspiration for change the community people decided not work as bonded labour in any establishment and now working under MNREGA Scheme. They understood the importance of education and now they enrolled their children in near Government Primary School. http://www.testimonialtherapy.org/2014/02/change-is-possible-we-can.html
Child labour is a complex issue linked with Socio- Economic & political situation in anthropological development of specific marginalized communities. Elimination of child labour means breaking the silence of community through accessibility at common resources in Government scheme of children and their parents in context of child rights approach.

Shruti Nagvanshi, Managing Trustee & Shirin Shabana Khan, Program Director 


Saturday, May 3, 2014

Right to participation of children in democracy

For the establishment of real democracy need to be establish from childhood through right to participation at various levels, process, policies and action related to the children by the children.

In this feudal society, head of family takes all decisions. This phenomenon is exists either in patriarchal or matriarchal family. The structure of family and society is constituted on this premise.  Although the democratic system of governance has been adopted in this country, but there is no room for participation of all persons equally. Regarding participation of children, all adults, families and above all society seem to be diffident. If we closely observe behaviors of children, we find that children fight among themselves and become united after sometime. However, this does not happen with adults. Adults make division in the society on the basis of caste, religion, class and gender and try to inject this division among children. Says Lenin Raghuvanshi.

Due to the venerable economic condition the children of Musahars, Chamar and Nats communitiesfrom the very young age are helping hand for their parents such as taking care of their siblings and helping their parents in the their work.  During that time children are exposed to torture and organized violence.

So, in this context it was decided to pilot the concept of Children Parliament against torture in four ways to ensure Right to Participation, Right to survival, Right to Development, and Right to Protection of children between age – group 10 – 18 years in 22 villages of Badagaon and Pindra blocks of Varanasi Districts. As the sustainability of the initiative “Healing and Empowering marginalized communities in India” because these 22 villages are already in the advanced stages for declaring it as torture free model village and we are planning to exit in these villages.

In the formation of the torture free villages we were working with the adults on the torture and organized violence issues and enhancing their capacities on various Act and Guidelines and breaking their silence through various activities. While working on the various issues at the grass – root level activist came across with the many cases related to the children such as child sexual abuse, discrimination and corporal punishment in the school, child marriage, bonded labour and child labour and police torture and caste based discrimination etc.

This concept will provides wider platform for the participation of children and enhancing their capacities on various law, acts and guidelines and schemes related to the children such as POCSO Act, JJ Act etc.  through perspective building workshop, theatre play and meeting and workshop for using Information Technology (IT) as the tool for prevention against torture. From time to time the activist will do monitoring.

Karna hoga ahsas har Bacha hai khas (We have to feel that all children are unique) this initiative started in 2003 through participation of children in children parliament in Baghwanala an urban slum of Varanasi. Now 10 children parliament are functioning in 22 villages child rights centric village with the participation of 195 children (127 female 94 male).  The name of the bal panchayat are on the name of eminent personalities and social reformer such as Munshi Prem Chandra Bal Panchayat, Savitri Bai Phule Mahila Panchayat. The perspective building of the children done through various activities i.e. Workshop, meeting and theatre play etc. The outcome of participation was children opposed the child marriage and child sexual abuse. Says Shruti Nagvanshi, Child Rights activist.


Shirin Shabana Khan is Program Director at management committee and Program Manager of PVCHR – Dignity initiative “Healing and Empowering marginalized Committee in India

Thursday, March 13, 2014

Proposed point by PVCHR for the election Manifesto for the political parties in India


We, Peoples Vigilance Committee on Human Rights (PVCHR)( an initiative of Jan Mitra Nyas) in India, desiring that State embodies the aspirations of the People, aver the need for greater efforts for promoting the sovereignty of the People through democratic values and structures based on nonviolence and justice.

We uphold social democracy and economic equity through sustainable development.

We advocate optimum and equitable utilization of resources for the benefit of the people, providing them adequate forum to influence and participate in decisions on natural resource use and management.

We reaffirm the inalienable right of the People of India to basic needs including food, clothing, shelter, health, education, social security and productive work as dignity of labour.

Democracy

We cherish and uphold the Rule of Law, sovereignty of the people, a system of governance that ensures devolution of power, People's right to self-rule and control over natural resources.

We advocate full independence of the judiciary, adhering to internationally recognized values and principles. People beneficial law making process has to be participatory, representative and fully transparent.

We believe that People have sovereign rights to take decisions on matters concerning their lives, and urge periodic review of all international commitments and national laws to enable people to exercise sovereignty.

We maintain that governance improvements have to begin and end with the People and that their empowerment can result only when power is devolved through effective structural changes in character of Shraman Culture[i] (culture of inclusiveness) based on justice, nonviolence and rule of law.

We also maintain that existing social, economic and political imbalances hinder nation- state building and that the legislature, executive and the judiciary must be fully accountable to the People.

We uphold the information right to people through participation in decision-making and governance.

To organize a non-violence force in against and oppose the attempt of the Saffron brigade to saffronise the rainbow culture of the country. We strongly support the pluralism of our Nation and are determined not to allow anyone to destroy the pluralistic atmosphere of the country.

Fight State and non-state actors' suppression on the right to expression with democratic mind-set to put them right.

Equal, Secular, Free Compulsory elementary education is the responsibility of the government and the gimmicks with education should be stopped.

Struggle to enact the anti- torture legislation and to ratify the UN convention against torture by India.

Discrimination

We affirm that discrimination based on gender, caste, creed, religion, ethnicity and disability is a major obstacle to meaningful participation of People in political, economic and social field.

We call for patriarchy-free secular India, and support the individual's right to self-determination and development and uphold their duty to national integration.

Demand laws and their enforcement in regard to bonded labour,child labor , sexual harassment, discrimination based on caste & gender and attack on minority.

We resolve for an immediate and effective end to untouchability, the worst form of discrimination and demand interventions as follows to take in politics:

·         Programs for the uplift of the Dalits and mechanisms to empower them for defend their rights. 

·         Reservations(affirmative action), in public as well as the private sector, to ensure participation of all at all levels starting from primary schooling and across all spheres of life.
·         Reservations to enable at least 33% representation of women in all spheres of private and public life.

·         Discrimination to be considered a real life problem.
·         Review of existing laws and modifications to incorporate the implementation of international instruments. http://annihilatecaste.org/wp-content/uploads/2012/10/SCST_PoA_Act_20_years_report_card-on-PoA-Act.pdf

·         To implement the recommendation of report of Sachchar' Committee and Justice Rangnath Mishra on Muslim minority, which is going to benefit to lower caste Muslim. 

·         Community based planning according to their need based on anthropological development.

·         Implement SPECIAL COMPONENT PLAN FOR SCHEDULED CASTES AND TRIBAL SUB-PLAN FOR SCHEDULED TRIBES AND SCHEDULED CASTES AND SCHEDULED TRIBES DEVELOPMENT AUTHORITIES (PLANNING, ALLOCATION AND UTILIZATION OF FINANCIAL RESOURCES) Bill 2013. http://www.ncdhr.org.in/latestinterventions/final-draft-on-scst-legislation-english


Food sovereignty

We believe the right to food is a fundamental right and must be assured through guarantees to equality in work, justice, uniform minimum wages and land reform.

We advocate that all aid and trade agreements and legal instruments be subject to public scrutiny to ensure their transparency and accountability.
Demand National law for landless agricultural laborers and domestic workers as skill workers.

Ensure purchase of weavers and farmers produce while the 'Public distribution System' prices should be brought at half of present process.

Provide homes to the homeless and provide shelter to the homeless in urban areas.

Rule of law:

The human rights situation in Indian states the PVCHR noted that increasing police power coupled with flourishing feudal social structure in Uttar Pradesh, a vast majority is oppressed on various grounds such as class, caste and gender. Gap is widening between people and police who lacks accountability as a result the victims of police harassment and torture do not get justice.

Police accountability mechanism should be developed and strengthened in order to establish the rule of law.

The absence of proper police accountability promotes crime incidents, communal riots and contributes to public sense of insecurity. Accountability based policing system can put a check on the institutional discrimination.

There should be defined provisions for reparation. Compensation is hardly paid to victims of police accesses. Because nobody is paid and no one pays and therefore police feels free to act in an undemocratic manner. It is therefore required that a compensatory mechanism should be evolved with international standards under which victims of police atrocities and communal onslaughts can be rehabilitated in a place of his or her choice with same economic standards.

Police should be sensitized to respect diverse cultures, traditions and religions. Police personnel should be given on-job training for this purpose and they should also be sensitized towards the culture of human rights.More often police action in any incident is found to be one sided. There is a need to clearly identify the aggressor and the aggrieved. No attempt should be made to target a person belonging to a particular religious community specially the Muslim minority without credible evidences. Indian Police have pre-conceived notions about the Muslims, for instance the notion that Muslim is one such community that is always involved in instigating riots and so on. This mentality provides the space and opportunity to the lower level police officials to act arbitrarily. Such tendency and practice gets further encouragement due to negligence shown by the senior level officers.

For an independent and unbiased functioning of the police, it is highly essential that people from all communities, faith and religion should be recruited in the force. Steps should be taken to develop spirit of secularism among police personnel. A secular police force is crucial for a country which is diverse in culture. Some lessons can be drawn from developed western nations.

Police administration should strictly follow the reformatory steps suggested by various police reform commissions from time to time and the guidelines provided by the Supreme Court of India. Indian police structure is the by-product of British colonial model which needs transformation.

 Cases related to death in police custody and death in encounter against the concerned police officials should be registered and investigated in the same manner as it is done in cases related to ordinary citizens who attempt to kill or who has killed someone in self defense. In addition, the responsibility to investigate cases related to death in police custody should be entrusted to an independent and impartial agency.

Court proceedings are a lengthy process which takes many years to ensure justice for the victim. Legal provisions with regards to police custody during the trial period should be clearly defined. Judicial magistrates or judges should be held responsible for not following the due process of law or ignoring the legal process.

Police complaint committees should be officially formed at the district levels which should function as per the guidelines suggested by the police commissions from time to time.

In mostly states of India, police administration there is a common practice of giving out of turn promotions to police officials on the basis of their work performance, this practice should be immediately stopped. The practice has contributed to the culture of false police encounters.

Grievance Redressal Mechanism of State Human Rights Commission should be further strengthened. There should be an impartial body with sufficient man power to investigate the cases of human rights violations.

In cases related to police torture, use of Right to Information Act should be promoted.

Supreme Court of India’s guidelines with regard to bail procedure should be strictly followed. This can help in proving speedy justice to the cases related to arrest and disappearance. This will also help minimize the cases of human rights violations.

In general there is a practice when some people are arrested on the basis of mere suspicion; they are presented before the media during press briefings of senior police officials as a mark of good work by the police. Photographs of such accused are immediately published by the media. But when they are declared innocent and freed, they generally do not figure in media reports. This practice should be immediately stopped.

People should not expect police to achieve more than they can do as per their capabilities. This tendency compels police administration to use illegal methods and practices to achieve desired results.

Repeal the UAPA[ii] immediately.

In sum, PVCHR noted that increasing incidences of human rights violations are a matter of serious concern for Indian society and democracy as a whole. There is a need to reform the functioning of police and improve its image so that faith of the victims and people can be re-established on the justice system in the country.
___________________________________________________________________________
Contact: PVCHR,SA 4/2 A, Daulatpur,Varanasi-221002,India
Mobile:+91-9935599333  email:pvchr.india@gmail.com