Baran fact-finding

Fact-finding in Baran district, Rajasthan (10-13 January, 2012)

National Commission for Protection of Child Rights Delhi

Preface An enquiry committee was set up by the NCPCR in early January to investigate two alleged cases of infringement of democratic rights in Baran district, Rajasthan. The enquiry was carried out in the second week of January (10-13 January). The two components of the enquiry were: First, to investigate the alleged incidents of bonded labour, especially bonded child labour. In order to understand this, we talked to Sahariya residents of three villages: Ganeshpura, Sunda-Chenpur and Iklera of Kishanganj tehsil; due to shortage of time we could not visit Shahabad tehsil. Many of the labourers the team spoke to had, in the last two years, fought against their bondage and were now free while some were still bonded. Besides the labourers, we also spoke with landed gentry in two of the three villages mentioned above, government representatives at the panchayat, tehsil and district levels, as well as women activists of Jagrut Mahila Sangathan and social workers of Doosra Dashak and Sankalp voluntary organisations active in the area.

Second, to investigate the alleged abuse of two Sahariya girls in the four-month camp run by the Doosra Dashak in November 2011. To carry out this part of the investigation, we interviewed members of the Doosra Dashak team, including the key person Motilal, as well as the two girl children who happen to find themselves at the centre of the controversy and their families. We also interviewed the police official in charge of investigations, the district collector, the sarpanch, up-sarpanch, and those in the village who the main accused suspects of initiating false charges.

The main findings of this report suggest a nexus between the landed gentry, local panchayat leaders, and the local law enforcement machinery on the matter of false charges against Doosra Dashak. It also throws light on the urgent need for DD curriculum to be vetted by an independent and recognized pedagogist in their life skills camps that are contextual to the area and to the life stages of the children they serve.

Recommendations at the end of the report spell out the specific steps that are required to be taken by the State administration, the police and people's organisations working in the area, to ensure that laws of the land regarding bonded labour are adhered to, ex-bonded labourers are rehabilitated with dignity and justice, and the Doosra Dashak team takes certain urgent corrective steps to avoid incidents of avoidable disjoint between the community’s expectations and their own deliverables.

The enquiry was carried out by a team comprising three citizens in their independent capacity. We urge the government to take appropriate action based on the findings of our report within a suitable timeframe.

Bela Bhatia Honorary Professor Tata Institute of Social Sciences Mumbai (writetobela@gmail.com)

Asha Mishra National Secretary Bharat Gyan Vigyan Samiti Delhi (asham_200@yahoo.com)

G. Sampath Deputy Editor Daily News and Analysis Mumbai (sampathlives@gmail.com)

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Contents Preface

02

Maps

04

1.

Introduction to the area and people

05

2.

The practice of bonded labour in Baran district

07

3.

Doosra Dashak training camp and the alleged abuse of two Sahariya girls

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4.

Summary of main findings

38

5.

Recommendations

40

Annexures

48

References

63

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Map 2: Tehsils of Baran district, Rajasthan

Source : http://baran.nic.in/

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1. Introduction: Area and People Baran district Rajasthan's Baran district has had a distinct administrative identity since 1991, when it was carved out of Kota district (see Map 1). Located in the south-east of the state, bordering Sheopur, Shivpuri and Guna districts of west Madhya Pradesh, Baran, named after an old town of the same name that is now its headquarter, has another distinctive feature: it is home to Sahariya adivasis, who are concentrated in Kishanganj and Shahbad, two of its eight tehsils (see Map 2). In these two tehsils, demarcated as Shahbad sub-division, there are 21,000 Sahariya families (approximately 100,000 people).1 Baran, a largely rural district, has a significant proportion of its population living in rural areas. But even though it is a region that is not too remote considering that it has a fairly good road network and is well connected by rail, and despite heavy central and state government funds that have been coming into the region for the development of the tribals, in real terms one does not see much qualitative change.

Baran remains one of the more deprived districts of Rajasthan. In 2001, only 31 per cent of adult women were literate, 23 per cent of children were fully immunized, and 67 per cent of children were underweight – in this and other respects, Baran’s social indicators are worse than the corresponding averages for Rajasthan, and much worse than the all-India averages (see Table 1 below).2 There have been recurrent stories of starvation deaths in Baran, notably in 2002-03 when a wave of starvation deaths was reported among the Sahariyas and the survivors were subsisting on wild grass.3 Deaths of three Sahariya children below the age of five in October 2011 were also attributed to malnutrition.4 Sahariya adivasis Sahariyas are one of seventy five indigenous groups of India officially known as 'primitive tribal groups’ (PTGs). Though the conceptual category 'primitive' is questionable and needs revision, it nevertheless draws our attention to the deprived living conditions of the Sahariyas. This is due, in part, to the degradation of their natural environment: the traditional occupations of the Sahariyas (e.g. selling mahua and tendu, or making baskets) are heavily dependent on forest resources, which have disappeared rapidly in eastern Rajasthan in recent times. Even the forest resources that were not degraded have often been appropriated by vested interests.

1 Verbal communication from the District Collector, 10 January 2012.

2 While the Table is helpful to understand the situation in the district as a whole, the situation of Sahariyas is likely to be much worse; however, in the absence of a large-scale systematic survey, their predicament can be understood only through writings by journalists and academics, though even these are few and far between.

3 Godbole (2003), Rajalakshmi (2003), amongst others.

4 Ali (2011).

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Sahariyas have been officially classified as one of 75 'primitive tribal groups'of India

Land that the Sahariyas owned has over the decades been alienated or usurped by local dominant castes and communities and those who migrated into these regions, mainly Sikh farmers from Punjab (locally referred to as 'sardars'), who over the decades became legal owners of large tracks of land; their prosperity ensuring that they acquired not only economic power but also political power. As a result, when Sahariyas try to reclaim possession of their small holdings illegally occupied by such elements, their efforts get mostly frustrated by local government functionaries, such as the patwari (revenue personnel at the panchayat level) or those in the forest or police department, who typically side with the occupiers, thus only compounding the misery of the Sahariyas. Despite reservations, the Sahariya leaders have not emerged as a strong political force that may have effectively represented Sahariya interests or safeguarded their rights. The two main political parties in this region are Congress and BJP; party politics has ensured that loyalty to the party and personal political ambition gain precedence over the interests of the community they are expected to represent.

Table 1: Selected Indicators for Baran District Baran Rajasthan Literacy: Adult female literacy rate, 31 34 2001 (%) Child mortality: Probability of dying 99 93 before age 5, 2001 (‰)¹ Immunization: Proportion of children 23 26 fully immunized, 2002-4 (%) Nutrition: Proportion of children who 67 59 are underweight, 2002-4 (%) Standard of living: Proportion of 54 47 households with "low SLI", 2002-4 (%)

India 47 70 52 47 47

Sources: Census of India 2001 and District Level Household Survey 2002-4. ¹ ‰ = deaths per 1,000 infants and children under age five.

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2. The practice of bonded labour in Baran district In India, bonded labour systems affect large numbers of workers. Strong legislative frameworks, including the Bonded Labour System (Abolition) Act, 1976, have not been effective in eradicating this practice. It’s prevalence is further aided by the fact that there have been few systematic or large-scale surveys of its incidence and characteristics that could enable a reliable assessment of the current extent of the problem; according to one recent study, the system continues in no less than 16 states in the country.5 There is micro and macro evidence that the organisation and empowerment of the poor lead to a decline in bondage. Since bonded labour systems are well entrenched in local power structures, with very good linkages with other centres of power, significant organisational strength or powerful linkages are needed among organisations seeking to eradicate the system. Trade unions do not always have a strong presence in the sectors in which bonded labour occurs.

Baran district is one such region where this pernicious and immoral labour arrangement is still alive, especially in Kishanganj and Shahbad, where the Sahariyas reside. Locals point out that the practice is not new, and has been continuing for a long time in the form of the hali system.

Typically, in such an arrangement a labourer - called hali - enters an annual labour contract with the landlord, often in exchange for money taken at the start as loan. In scholarly literature, such a labour arrangement is known as debt bondage.

Any visitor to the area is likely to first come across the sahrana, as the Sahariya settlement usually located outside the main village is called. There are local histories about how the sahariyas had to move to the fringes, sometimes due to cultural or natural causes (such as floods in the Banganga river as in the case of Sunda-Chenpur village), but also due to the oppressive circumstances they endured when they lived in the main village. In these parts, it is interesting to note that amongst the dominant castes and communities are a large number of Sikh farmers who migrated to the area four or so decades ago. The influx may well have some linkage with the political turmoil of those days in Punjab, not unlike previous in-migration during the time of Partition, besides other reasons such as the usual desire for upward mobility. There was already a large Sikh settlement in regions such as Kota, and spilling over to Baran (then part of Kota) must have seemed a natural extension just as these farmers are now expanding to Shahbad district.

Moreover, to enterprising farmers from Punjab, land in the tribal tracks must have seemed an irresistible attraction. Though most of these lands were under cyclical cultivation (since the Sahariyas were nomadic, practised shifting or slash-and-burn) agriculture and subsisted from hunting and gathering forest produce), this was often invisible on paper in the absence or nearabsence of land surveys and up-to-date 'records of rights' that were, as they are now, always lagging behind actual physical occupation and cultivation. While a more systematic study is required to inform us regarding the story of land in these parts, there is no doubt that Sahariyas are indeed 5 See Srivastava (2005) for a comprehensive overview of the incidence of labour bondage in India.

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indigenous people of this region - the etymology of 'Sahariya' also relates them to the jungle as well as to animal life within.

As has been mentioned, Sahariyas are the poorest people of Baran, have few resources, and find basic survival a challenge. Even as corridors of power are abuzz with perfunctory concern about the 'primitive', 'backward', 'malnourished' and 'poor' and huge funds continue to be earmarked for Sahariya 'development' in the shape of many a scheme, the most crucial areas related to their well-being have not been addressed. These are concerned with assured access to their basic resources: land, forests, and labour arrangements that respect the law. Sahariyas have had to contend with uncertainty and insecurity in each of these aspects and the same government that is so enthusiastic about 'schemes' turns lukewarm and lethargic when it comes to recovering the lost lands of the Sahariyas, ensuring that they retain occupation, and taking punitive action against those who transgress. Sahariyas have been able to survive only on the strength of their labour, which has been ruthlessly exploited by the upper caste/class landed gentry. While the situation of those who work as a hali is abysmal, those who are engaged in khuli majduri (unattached labour) do only marginally better.

Situation in the villages In Kishanganj tehsil of Baran district, there are 213 villages and 32 panchayats. 6 During the fact-finding we were able to visit three villages and in two of them (Ganeshpura and SundaChenpur) we were able to speak to the labourers as well as the landed, and in one (Iklera) only to the labourers. Our findings are as follows.

Ganeshpura This is a medium-sized village of 140 households in Kankhra panchayat. Besides Ganeshpura there are ten other villages in this panchayat; all villages are located within a radius of two kilometres. Sahariyas represent 95 per cent of the total population of the panchayat; the remainder is made up of other castes such as Gujar, Chamar, Ahir, Aud, and Sardars.

The 100-odd Sahariya families of Ganeshpura are distributed over three mohallas (hamlets).

A little over half of them (60 families) live in the Sahariya sahrana in Ganeshpura proper. The rest are distributed over two mohallas: Danda (12 families) and Joi (25+ families). The 35 families of the 'sardars', as they are referred to by all including themselves, live in the main Ganeshpura mohalla. The prevailing inequality becomes evident when we observe land ownership patterns in the village for agriculture and homestead purposes as well as differences in the living conditions of the two segments of the village population.

Sahariya existence is marked by everyday insecurity. They do not even have legal titles for 6 see http://baran.nic.in/statistics.htm.

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homestead lands. While families of Danda mohalla had received land from one Chaudhari as bhoodan many years ago, they did not have any papers. Enquiries in the Bhoodan Board office have been futile. “No titles are given for bhoodan land,” they were told. The Joi mohalla families said that their houses were constructed on junglat (forest land) and so they had no papers either. Similar was the situation of the Ganeshpura sahariyas who said that their houses were also built on forest land. They recalled that more than a decade ago they used to get tax notices and had paid taxes for around five years, but after that they stopped receiving the notices. Except five sardar families whose homes are also on bhoodan land, all others have titles for homestead land.

Sahariyas of Ganeshpura are either completely landless (as is the case of the inhabitants of Danda and Joi mohallas) or marginal farmers with small landholdings (roughly 2-3 bighas each). In contrast, except two sardar families who are landless, all the others had khate-vali jameen (land with legal titles). For instance, the up-sarpanch (vice-sarpanch), Keshvant Singh's father owned 70 bighas – the largest holding in the village - that is now divided between his brother and himself.

Besides, Keshvant also owns 10 bighas in Hathwari village (near Kelwada) where the water table, he said, was good.7 Jasvinder Singh alias Sabi's family have also been doing well; he said that his father and uncle together cultivated 250 bighas, out of which 70 bighas was private land in Ganeshpura, and the rest was land taken on lease in different villages.8 Keshvant informed us that aside from 5 sardar families who owned more than 30 bighas, 8 had 15-20 bighas while the larger majority of 20 or so farmers owned 5-10 bighas. Sardar farmers of Ganeshpura grew wheat, rice, mustard, soyabean, bengal gram (chana) and red lentils (masoor).

After keeping what they needed for home consumption, they sold the rest in Kota and Bundi mandis (wholesale markets). “However, it was not as though the sardars were uniformly well off -many had to also do labour work under MGNREGA last year in order to survive – you can check the muster rolls,” he maintained. Rainfed agriculture was not always possible and not all could afford to dig bore wells.

However, while the sardar families may have to reckon with a lean year now and then, for the Sahariya families, most years are bleak -- their small land holdings yield little even in a normal year. Most of the land they own is of poor quality and all of it is rain-fed. In the absence of land, basic education, or other sources of income (we did not come across any Sahariya who owned a cow or buffalo), it is only on their capacity for labour work that their lives rest. Their dependence on the local sardars for work therefore has been total. It is only recently that MGNREGA works have emerged as a viable option besides the odd Sahariya who may offer himself as a hamal (load carrier) or similar work in the town or work for a contractor in brick kilns, road works, etc.

It is interesting to note how the sardar families came to own and occupy land in these areas – similar stories can be heard in other villages (like Sunda-Chenpur below). Keshvant, now in his mid-40s, was born in Ganeshpura. He said that the sardar settlement in Ganeshpura owed its 7 Interview, 11 January 2012.

8 Interview, 11 January 2012.

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existence to five sardars who came here around 50 years ago including his maternal grandfather who had migrated from Bikaner. These five farmers initially gained control over 200 bighas.

Keshvant's father moved to this village after his marriage. Subsequently, his brother also followed.

They worked hard on his grandfather's land and received 17 bighas from him as reward. Slowly they expanded and at the time of his death a few years ago, his father owned 70 bighas.9 Anandi, an elder, explained how the sahariyas became condemned to a life of servitude and forced servility.

Sahariya ne mar-mar kar zameen banai. Banabana kar di. Us samay se hali ban gai. Unka khet badhta raha. Hum mazduri kar ke khatai rahe (Sahariyas nearly died making the land cultivable.

They made the land and gave it [to them]. We became halis since then. Their land kept expanding. We continued to labour --- and survive.) Hali mai zindagi nikal gai (our lives

were spent as halis).

Hali thus became a source of minimalist survival and the bane of their existence. Until a couple of years ago, one or two members from each Sahariya family was working as halis. A closer look into the life of even one hali gives us a better understanding of the workings of such a labour arrangement and how engaging in such a practice determined the contours of the limited lives that the sahariyas were forced to lead.

Homes of a Sahariya and a Sardar farmer in Ganeshpura

9 The land ceiling limit applicable here is 48 bighas per person.

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“I started work as a hali when I was 7.�

Ashok of Joi-mohalla in Ganeshpura knows the hali-system well. Now in his mid-20s, he has already worked as a hali for 17 years. He started early with his older brother, Anarsingh, then 12. Their first job was as goatherds for a Banjara farmer who lived in Hoshiarpur village, around 20 km from their home. Their employer agreed to pay Rs. 3,000 for their service for the year and by so doing earned rights over them as he did over the 15 goats they were supposed to look after. Every morning they headed with their charges to the forest, guiding the goats three-four km inside the sometimes treacherous terrain. Those days their father was working as a hamal in the local bazaar and mother as a khuli (unattached labourer). A younger brother and sister stayed at home; no member of Ashok's family is literate. At the end of the year, they were told that they owed Rs. 6,000 for a goat that had died in their care – even though she had died due to illness. So a thousand rupees were deducted (from Rs. 3,000) and the rest was stated as karja (debt).

After that both brothers returned home and worked as halis for two years there. They were paid at the rate of Rs. 1,500 per boy annually. Their earnings allowed them to clear the debt they had incidentally incurred for the dead goat, that turned out to be double their combined earnings that year!

Ashok's next nine years were spent working as a hali for Gyaniji. His work would begin before 6 am and end at around 7 or 8 in the evening. During the course of the day he was required for different chores -- getting fodder for the cattle, diesel for the engine, operating the mill, etc. He was paid Rs. 1,500 the first year, with a raise every year. In his 9th year, he was earning Rs. 14,000 annually that was paid to him in advance. However, this was far from sufficient to meet his own expenses leave alone contribute to his family's. Moreover, his father disapproved of his late hours and they had regular arguments about this. Ashok decided to quit. But he was not a free man yet since he learnt that he owed Gyaniji Rs. 7,000 for expenses (food, medicine etc.) that he had incurred on him. They agreed that this would be cleared the following year.

Mandip Singh hired him at Rs. 20,000 (per year). At the end of the first year, Ashok was able

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to clear his debt to Gyaniji. He stayed for another year with Mandip and then left to work for Janak Singh (of ‘Thakar’ Rajput caste) in Sunda-Chenpur village, where he worked for three years.

The first year with Janak started at Rs. 12,000 as advance. His boarding, lodging and other miscellaneous expenses were borne by Janak, who also maintained the accounts, as did all landlords. At the end of the year of full-time work, Janak told him that he owed him Rs. 20,000 (including food and other charges).

I did not have money, so continued to work for him, and cleared the debt (Rs. 20,000) the following year. So that year I was left with no money. So I continued to work for him for the third year. At the end of that year, he said I owed him Rs. 30,000. I was now quite desperate.

That is when we heard about the developments in Iklera. We heard that a girl had been raped there. We also heard about the efforts of the sanstha (organisation) who took up her case and were fighting on her behalf. A few of us decided to meet the sanstha people. We went there and met Vijay and master-saab (teacher; reference here is to Motilal) and told them our story.

I became active in their campaign and started participating in the dharnas (sit-ins). We went twice to Jaipur. One was the do sau din valla dharna (where the demand for 200 [labour days under MGNREGA] was raised). The second dharna was about the bandhaks (bonded). I liked being in the dharna. We spoke about our situation to the government officials in Jaipur and to the Collector. Phir hum chute (then we were released [from bondage].) In our village 32 halis were released (9 from Danda and 23 from Joi mohalla).

Aab hamai mukti mil gai hai. aab bandhak mai nahi jaigai. Badi mushkil se chute hai. (Now we are free. Now we will not go for bonded work. We have been able to secure our release with great difficulty).

However, even though these 32 labourers were released or declared themselves as free more than a year ago, only five of them have received the mukti praman patra ('released from bonded labour' certificate) - four in Joi-mohalla and one in Danda-mohalla; Ashok has also not received it.

And none has received the full rehabilitation package. This is very serious since the certificate is the first step of the rehabilitation process. As we have seen in Ashok's case, being in bondage means being caught in a cycle of indebtedness. These labourers and their families don't have any back-up, whether it be property, savings or wealthy relatives and friends. Any delay in their rehabilitation only pushes them one step towards accepting a labour arrangement where the terms of employment are exploitative. So far, in order to make ends meet these labourers have been taking up daily-wage work (at Rs. 100 per day), which they have been able to get only in the last few months, or travelling to Baran or Kelwada to work as casual labourers. But none of them have gone back to their former employers.

During the year, government officials came once and took the testimonies of the 32 bonded labourers as well as their employers. But after that there has been silence from the government quarters and the ex-bonded labourers have had to fend for themselves without any official help or support.

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Sunda-Chenpur Sunda-Chenpur village, in Khandela panchayat, is widely acknowledged as the bastion of Sikh landlordism (even by the sardars of other neighbouring villages such as Ganeshpura). 10 It is a small village of 53 households (45 of sahariyas, 7 of sardars and 1 rajput). The sahariyas live in one sahrana – known as Chenpur -- though some of their houses are dispersed. The rajput household is adjacent to the Sahariya sahrana, facing the road beyond which flows the Banganga river. Beyond the river are lands which belong to sardar families. The sardars have made individual houses on their farms and the farm size of each is so large that, as you drive through, you see only large expanses of green fields and only from time to time get a glimpse of a house or a roof top. These houses are large, built in the typical farmhouse style one sees outside Delhi or in plush parts of Punjab.

If a visitor to these parts were to meet Pravin Singh alias Bitta (grandson of one of the 7 sardars who first came to Sunda), of somewhat dubious fame, and soon after (or before) also meet Matralal, a Sahariya elder, as we did, the local history and politics of this village and region – the past, present and what happened in between – would not be so difficult to surmise. Even their appearance and the circumstances of their everyday life speak volumes of the reality of their existence – as oppressor and oppressed.

Landlord 'Bitta'of Sunda village (holding the newspaper)

“This land was our own.”

Matralal does not look like it, but is said to be ninety years old. A thin reed of a man, he comes doggedly holding his bamboo shaft. Devilal, an articulate ex-bonded labourer, had insisted that if we wanted to hear their story from olden times, then he was the man to meet. But Matralal had other things on his mind. His indignation almost palpable, pointing at a half-built stone structure close to where we were sitting on string cots, he said:

Matralal, a Sahariya elder, of SundaChenpur village

10 Besides Sunda Chenpura, other villages in this panchayat are Amroli, Kerla, Halauni and Koti Kheda.

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The half-built grain bank The junglat people [forest department] came yesterday [11 January] and forcibly stopped the construction, alleging that the land on which it was being built was forest land. We wanted to build a grain bank, so that in time of need, grain can be provided to the needy and we do not have to go to the landlords for help. Why did the junglat fellows stop us, when this land belonged to our forefathers – when it was our own?

Since many sahariyas of Sunda-Chenpur had become free a year ago this was a crucial venture for ensuring their self-reliance. All the people in the sahrana had contributed towards the cost of the building. Devilal explained that the sahariyas were upset because their grain bank occupied less than a bigha of land but it had been stopped while that of three sardar farmers who had for long occupied over 10 bighas of land across the road - visible from where we were sitting – as chakks (threshing floor) had never been questioned, leave alone hindered.

“This is the kind of official discrimination that we face regularly here,” said Pappu (exbonded labourer of Balbir Singh) and Kishore (ex-bonded labourer of Paramveer Singh). Sadly, their bondage has become the principal marker of the identity of the sahariyas in these villages.

“We have brought the stay and can continue to cultivate” We could appreciate Pappu's remark better when we went to Bitta's house, where we could see for ourselves the results of “official discrimination.” His house was less than 2 km from the Sahariya sahrana but what a world of difference it was. While the sahariyas lived in small-sized kuccha or semi-pucca houses and could boast of only a few quality household items like a cot, steel utensils, a goat or two, landlord Bitta's house was like a palace in comparison - a two-storeyed building with a high compound wall in pale green, with a few vehicles parked outside (a couple of jeeps, tractors, motorcycle), dogs, and Bitta himself, perhaps in his forties, his rounded pink cheeks reminding one of apples in a Kashmiri orchard. While one wished Bitta good health, one could not help contrasting the circumstances of the two sections of the population.

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Land - who ploughs, who reaps ?

Bitta's family is said to own thousands of acres of land (4000 acres, according to one estimate) in many different villages. According to the ex-bonded labourers who have worked on his land, his grandfather owned 1300 bighas of land in this village alone, which are now under the joint ownership of Bitta and his brother Rampi, who lives and works in Kota.

Besides, a large parcel of Chenpur land (450 acres according to Bitta) that belonged to the Bigoda cooperative society (registered in 1969-70 by a group of sardar farmers and a couple of token sahariyas) has been under the illegal control of his family. Labourers informed us that Umraon Singh (father or grandfather of Bitta) also sold society land (eg, 85 bighas to Kulwant) as though it was his private land. The society was advantageous in other ways since, as Bitta informed us, government loans for agricultural purposes are more easily available to a society. This control was wrested by ex-collector R. S. Ghatala and the land was distributed to the sahariyas. We could not gather the full story but learnt that a legal suit was subsequently filed by Bitta who managed to obtain a stay over the proceedings; the stay has also allowed him to retain control and cultivation until the final judgement of the court.

The injustice of this interim arrangement was evident to us as we sat talking to him in an open space in front of his house, on one side of which was a large shed which housed at least fifty – perhaps more - large-sized robust buffaloes. After our interview was over, he took some of us to see how jaggery was being prepared from the sugarcane that grew in his fields, passing huge stacks of hay, stores of grain, large-sized jaggery cakes kept to dry before they were fit for the market, tractors, other implements that one usually sees in a large farm and quite a few retainers and more humble-looking “hired hands” who were busy with their chores – we were clearly amidst opulence.

In Bitta's courtyard - jaggery being prepared and readied for the market 15

No shortage of food here

And this is not the only land that Bitta and his likes have usurped. As discussed earlier, not all Sahariyas own land, and those who do, are marginal farmers. In Chenpur, only 7 or 8 out of 45 Sahariya families were said to be land owners; the largest land-holding being of Matralal (see below) and Amarlal (who owned 12 bighas, cultivated by his daughter and son-in-law after his death). Further, due to government revenue official-landlord connivance, the quality of land that the Sahariya farmers own is generally sub-standard. Secondly, any plot of land adjoining the landlord’s runs the risk of illegal occupation by him. Four cases illustrate these problems: 1.

Matralal owns 15 bighas and 18 biswas (20 biswas make up a bigha). Out of this, 12 bighas are under his occupation; he can cultivate about half of this since the other half is stony. The rest is under the occupation of Bitta and another sardar farmer of Sunda, Matralal maintained.

2.

Babulal, Shyamlal and Pappu (sons of Jagna) collectively own 8 bighas. They are cultivating 4 bighas and alleged that 2 bighas were in the illegal occupation of Bitta’s family for the last two decades since that land is adjacent to Bitta’s house. One of the brothers, Babu, made a little hut on the occupied land. That land is good since the government canal passes near that.

However, the three brothers have not been able to regain control over it. According to Babu, “The patwari did not measure the land properly. The patwaris are under the influence of the landlords. Whenever they come to the village, they first go to the landlord’s house and he accompanies them to the land; therefore, they work under his guidance and influence.

Sahariyas inevitably have pathar, nalla, khada (land unfit for cultivation) as their share, while the landlords get the more fertile land. I used to cultivate that land, but now that land is lying fallow for the last two decades.”

3.

Devilal owns 10 bighas adjacent to Babu’s land. He said that one bigha of his land was under Bitta’s occupation.

4.

Mukesh, Ramsingh, Mohan and Pappu (sons of Gopal) own about 12 bighas of land. They cultivate 8 bighas. The rest is under the occupation of sardar farmers, in all likelihood under Paramveer’s occupation since his field is adjacent to theirs.

Bitta, of course, denied having occupied any parcel of land that belonged to the Sahariyas; we could not meet Paramveer to check what he had to say.

16

That Bitta's family members should be in prominent roles in local political postings did not come as a surprise. Some sardars indicated that one reason why the bonded-labour story gained prominence recently was because of the intra-sardar community tension that resulted after Bitta's mother accepted the BJP offer and switched over from the Congress, the party favoured by the sardars so far, in order to be made the chairperson of the mandi. The general criticism of the Bitta family that followed this transgression of loyalty included other anomalies that were hidden so far – glossed over by the sardar kith-kin network.

There are not many quarters from where the Sahariyas can expect justice. Even though the sarpanchs of both the panchayats we visited were Sahariyas, and the up-sarpanch a Sardar, it was understood that sardar domination and influence over the panchayat prevailed. 11 As one Sahariya labourer mentioned: “zamindar gram panchayat par havi hain” (landlords are dominating the panchayats). Indeed, if most local institutions of governance are dominated by those who are locally powerful, what hope for justice can marginalised and vulnerable groups like the Sahariyas have?

Iklera village Iklera village made history of sorts in late 2010. It is from here that the rebellion started.

Sixteen halis of the Sahariya sahrana of the village decided to break free and paved the way for many other halis, from far and near.

Iklera, our driver informed us, was off the main road, on the way back to Baran. It was almost dark by the time we left Sunda. The roads become quiet soon after dark in these parts. As the jeep sped on the tarred road, we saw few signs of life in the arched light of its headlights. Our silence, somewhat meditative at this hour, was broken at the sudden leftward lurch, as the jeep left the road and plunged into the dark fields. A few more bumpy minutes and we had reached – it seemed to us – nowhere. It took us a little while to discern the faint outline of huts, most of which were immersed in darkness. Sand and other building material were piled here and there. A single solar street lamp stood downcast at a distance. We headed towards it, and as our driver had predicted, people soon started assembling.

And there, sitting on a hurriedly brought string cot, with the help of a torch light, we wrote our notes while the labourers sat and stood around. It was cold and one could see how ill-clad they were - their appearances, like their stories, were heart-wrenching.

This settlement, still in the making, was made up of rebels - those who had already quit, some recognized by the government and some still waiting to be recognized as a “bonded labourer.” Such recognition would make them eligible for the government rehabilitation package – 11 The sarpanch of Kankhra panchayat (of which Ganeshpura is part) is Phulchand Sahariya of Kankhra village and the upsarpanch is Tejwant Singh of Ganeshpura. Likewise, the sarpanch of Khandela panchayat (of which Sunda-Chenpur are part) is Babulal Sahariya of Khandela and the upsarpanch is Sarabjeet Kaur.

17

much sought after, yet little more than crumbs, as we were soon to discover.

It is important to note that 11 Iklera landlords who had employed the 16 halis were not Sikhs, as in the case of Ganeshpura and Sunda, but from local dominant castes and communities, including Dhakad (chandravanshi rajputs, known by their surname, Nagar) and muslims. Dhakads and Sikhs are officially recognized as “backward” and included in the OBC list in Rajashtan.

The stories of Kanhaiya and Prakash below are representative of the general pattern of servitude in the area. While Ashok’s story showed us the relationship between livelihood and bondage, as well as the cyclical relationship between indebtedness and bondage, and how children, youth and entire families may get trapped for years, the stories below reveal the causes that may compel somebody to “choose” this labour arrangement. Further, we also begin to see similarities between the hali practice and slavery as we know it elsewhere in the world.

“I needed twelve thousand for my son’s marriage.”

Kanhaiya (son of Hiralal), in his mid-30s, is landless and has eight members in his family.

He said that he became a hali because he needed Rs. 12,000 for his son's marriage. The next three years of continuous work on landlord Roopnarayan Nagar’s fields however did not reduce the loan but increased it to Rs. 20,000, even though, according to Kanhaiya, no expenses had been incurred on him except a small amount of up to Rs.100 for medical expenses. “My lunch would come from home and on days when food could not be sent, I had to work without food,” he recalled.

All else applied in his case as was the practice in the region: there were no work timings – he could be required early mornings or late evenings as per the requirement in the fields and the convenience of the landlord. On days he was absent (naga), double the ‘wage’ due to him was deducted in the landlord’s ledger.

He was also a hali for Jagdish Chotulal (of Mina tribe) in Aalampora village for one year, after borrowing money for his daughter's ceremony (bacchi ke baal nikalne ke samay). One day when he was irrigating the fields which were at a distance of 4 kos from where the well was located, the engine stopped. The landlord came and beat him up for being careless. “That night after work I ran away and came here. Aalampora is 15 kos from here and it took me one day and one night to reach here.”

“He sold me for twenty thousand to Chotman.”

Prakash (son of Prahlad, 30 years-old) was also seated with Kanhaiya and others. He said: We were landless and were bandhak with Chotman [Chothmal Nagar] and Hansraj Dhakad. I worked for Hansraj. I worked there for five years. At the end of five years, Hansraj told me that my karja had become 15,000. Bees hazar mai usne mujhe Chotman ko bech diya (Hansraj sold him for Rs. 20,000 to Chotman.)

18

I had worked for Chotman for five years. My daughter fell ill and was hospitalised. I donated blood in order to get blood for her. After that I felt weak, and for four-five days I stayed at home. Then Hansraj came and said that Chotman was calling me. Hansraj took me with him to Chotman’s grain store and both of them beat me up severely. I started bleeding from my nose and mouth. They also pulled my hair and beat my head against the wall. They continued to do so until Chotman’s wife intervened and said “itna mat maro nahi to mar jaiga (don’t beat [him] so much, otherwise he will die.” I was then told to stop crying and clean the cattle shed. For the next two hours, I was made to fill around 40 tagari of cow-dung and pile it up in one place. They instructed me that after this task was over I should go to the fields and irrigate the fields. Having given this instruction they set off for Kishanganj. 12 As soon as they left, I ran home and told my wife [Gitabai] all that had happened. We decided to file an FIR. But at the police station at Kishanganj, the thanedar refused to register one.

Finally, his testimony was taken down but not his signature. He was told that the miscreants would be arrested by the evening. When no action was taken during the next five days, he and his wife decided to go with the members of the Jagrut Mahila Sangathan who were going to attend the dharna at Jaipur. There, they related their story as well as the circumstances of the other halis.

This issue was then taken up in a major way by the dharna participants with the higher government officials including the Chief Minister. He then summoned the Collector. On their express instructions the SDM and the tehsildar went to Iklera and conducted an enquiry. The following day the Collector also visited Iklera and talked to the halis.

Pehle kisi Iklera ke kisi Sahariya ke pass ration card ya job card nahi tha (before, no Sahariya of Iklera had a ration card or job card). After their visits, we [45 Sahariya households] got them.

Fourteen of us got the praman patra. Rukbeer aur Kalulal ko mukti nahi mili (Rukbeer and Kaluram were not freed [they were refused the certificate]

On the day of our visit, we found that it was a matter of much consternation amongst the labourers that Kalulal and Rukbeer had been refused recognition as bonded labourers and denied the mukti praman patra (see Table 2). Their claim that they had worked as halis for two and four years respectively, after which their initial debt that was to be adjusted against the wages due to them for work during that period was shown by their employers to have nearly doubled, was ignored by the authorities. Instead, erroneous conclusions were drawn on grounds that don't hold any water. In Kaluram's case, in the meeting that was held where the certificates were distributed (attended also by the district Collector), he was asked by the SDM if he knew the name of his employer's grandfather. He did not know and this seems to have been used against him. “Why was he asked this question and how did knowledge or ignorance about this matter?”, asked Kaluram and his friends, who suspected foul play. His employer, they said, was related to the pradhan of the panchayat who may have influenced the sarpanch and the officials to not take up his appeal. Besides, this question 12 This incident occurred between eight and nine in the morning in the month of Kartik (October-November) 2010.

19

or similar questions, had not been asked to any of the other labourers in order to establish their credentials.

In Rukbeer's case, the SDM informed him that he had been excluded from the list because of lack of “proof.”The labourers recognize this to be unjust because now that they have understood the law they know that it stipulates the onus on the employer rather than the labourer to provide such a proof.

Table 2: Details of bonded labourers whose claims were rejected in 2010 Name

1.

Kaluram Mangilal

2.

Rukbeer Matralal

Original village of labourer Pipalda

Employer and his village

Years of bondage

Details

Other comments

Babulal Nagar (Mishai)

2

He had taken Rs. 15,000 at the beginning of the first year. At the end of the second year after full time work he was told that he owed Rs. 28,000.

His mukti praman patra (certificate) is reported to have been brought by the SDM but taken back.

Labourers suspect foul play.

4

He moved to Iklera since his sister is married in this village.

At the beginning of the first year, he had taken Rs. 8,000. At the end of four years of full-time work, he was told that he still owed Rs. 15,000.

When he enquired, the SDM told him that he had been excluded from the list because of lack of “proof.”

Subakra Ramkishan Nagar (Sheopur, MP) (Iklera) Iklera (since 8 years)

Source: Interview, Sahariya sahrana, Iklera, 12 January 2012.

Note: Both labourers are residing in the Sahariya sahrana of Iklera village with other ex-bonded familes (recognized and as yet unrecognized by the government). Unless otherwise mentioned, names of all villages mentioned are from Kishanganj tehsil.

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Rehabilitation Package Fourteen others who received the certificates received the rehabilitation package two months later (on 6 January 2011; see 'Chronology'). This rehabilitation package from the central government includes cash and material worth Rs. 20,000. Of this, Rs. 1000 is paid when the labourers are given the certificate. The remainder is paid in kind. Those who had received this package talked about the ten goats each had received and one male goat who had to be shared between two families, two small quilts that did little to ward off the cold, two tin sheets and measly food items (10 kg rice, 10 kg sugar, 5 kg jaggery, 2 kg oil, 2 kg lentils, 100 gm tea leaves) that included nothing for infants. Most had sold their goats after two of them died due to some illness in the first week. Besides the package, they were also given job cards and ration cards.

We had taken a small sample from one of the quilts. It did not seem like wool to us but we thought we would check with a more knowledgeable person. This we did when we met the Principal Secretary (Labour) in Jaipur. He promptly confirmed it to be “kachra” (waste).

The rehabilitation package is far from adequate. It was first designed in 1978 when assistance of up to Rs. 4000 per bonded labourer was approved. This was raised to Rs. 6250 in 1986, Rs. 10,000 in 1995, and Rs. 20,000 in 2000. It has not been enhanced since. Several steps need to be taken if the package really aims at “rehabilitating” those who were forced into bondage.

For instance, the package should be revised regularly as prices increase; it should be planned keeping the labourer's family in mind, especially dependent children and elders, and not him alone; it should aim at providing each released bonded labourer with an asset, or an asset-building capability; and it should have a component of compensation at its core. The state is responsible to the labourer and his family for not being able to alleviate their circumstances as a result of which they were pushed into bondage and forced to live a miserable existence. And subsequently too, the state failed to locate such labourers and take corrective measures, as it continues to do even today in Baran district. Compensation for government inaction should be built in the rehabilitation package.

Struggle for Mukti The struggle of the Iklera labourers had now started making waves in the area. Many labourers started coming to Iklera. The 'Chronology of events' attempts to capture the mani developments of the first few months of the struggle from October 2010 onwards. According to a list prepared by Jagrut Mahila Sangathan and Sankalp, as of late January 2012, 151 labourers had applied for their release, of which 44 were confirmed by the government to have been bonded labourers and had received their certificates – only 14 however had received the full rehabilitation package. Out of the 151, most were from Kishanganj (112) and Shahbad (19) (Annexure 5). Table 3 includes details of 14 labourers whose applications – amongst others - had not been heard when we met them in Iklera on 12 January 2012. Fresh applications keep coming in. Two applications forwarded to us by the JMS have been included as Annexures 4A and 4B. 21

Chronology of Events (October 2010 – February 2011)*

2010 27 October: 16 sahariyas from Iklera village (Kishanganj tehsil) who had been working as halis for 11 landlords of the same village broke their silence by speaking out at the Mazdoor Haq Satyagraha in Jaipur. Pressure from civil society groups resulted in the district administration ordering an investigation, declaring 14 of them bonded, and officially releasing them on 13 November. On 16 January, they were given the rehabilitation package from the centre and also given job cards and ration cards.

29 November: A second group of 6 labourers from Rajpura, Karvarikala, Pinjana and Jaitpura (Kishanganj tehsil) came forward to break free from their bondage and lodged a complaint with the administration. Nothing happened for the next two weeks. On 13 December, testimonies of 5 labourers was taken by the SDO Kishanganj and one on 17 December.

Subsequently, investigations in all these cases were completed but they were declared to be ineligible for rehabilitation.

Re-investigation in 4 cases has been requested.

24 December: A group of 10 labourers from Kelwada (Shahbad tehsil), Karjuna (Ataru tehsil) and Mayda ran away from their employers and came to Iklera. They had been working as halis for periods varying between one and 6-7 years. Their cases were presented to the administration.

2011

10 January: Malkhan and Roopchand (from Rampuriya-Lakhakhedi village) and Tejkaran (from Bhawadgadh-Premnagar) demanded to be freed from bonded labour. Ghasi, Malkhan and Roopchand's father, had also been working as hali for one Chittarlal Meena for years. The SDO Kishanganj asked them to come on 18 January to present their testimony. On the same day Chittarlal Meena came to the SDO’s office and took them away. Malkhan ran away to Kota but Roopchand resumed working for Chittarlal again. A frustrated Ghasi said: “We are being asked for proof, what proof can we give?”

Their testimonies were not recorded. Tejkaran’s testimony was recorded on 22 January but no action has been taken so far.

12 January: A group of 9 labourers from Sunda demanded freedom from bondage. They were all working as halis for Pravin Singh, Pratap Singh and Balvir Singh, for 6 to 15 years. Their testimonies were taken on 21 January. Three of them did not have a ration card and one did not have a job card.

24 January: 21 labourers from four villages of Kishanganj tehsil – Sunda (16), Khankhra (2), Khedla (2) and Acharpura (1) – came forward for their release. They had also been working as halis for sardar farmers. Seven of them did not have ration cards and four did not have job cards.

3 February: 20 labourers from Ganeshpura, Khankra, Jawaipura and Gordhanpura (Kishanganj tehsil) gave their demand for release. In this group, some have been hali for 9 to 20 years. Four of them did not have ration cards and two did not have job cards.

4 February: 4 labourers from two villages of Kishanganj tehsil – Sunda (3) and Jawaipura (1) gave their demand for release.

7 February: 5 dalits from Muhal village (Shahbad tehsil) who had been working as halis for farmers of Kirad caste, demanded their release. After giving their testimonies, they are at home. These were the first cases of non-Sahariyas in bondage who came forward for their release.

8 February: A group of 14 halis from Alampura (Chabra tehsil) fled their village from their oppressive landlords had come to Iklera on coming to know of the released bonded labourers through a milkman. On 29 January, their employers came to Iklera threatening to tie them up with ropes and drag them back. Among them were women who had been sexually harassed and a relative of one of them had also been raped by their employers. On 8 of February, their testimonies were recorded by the SDO of Chabra tehsil. None of them have ration or job cards. * This is an edited version of a chronology prepared by Jagrut Mahila Sangathan, Kishanganj.

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Table 3: Details of 14 bonded labourers whose applications had not been heard (as on 12 January 2012) Name 1. Kalulal Ratanlal

Original village of labourer Pinjna

2. Babulal Ratanlal

3. Raju Babulal (age: 18 years)

Matralal Nagar (Anta tehsil)

4

Pinjna

Kuldeep Sardar (Kelwada, Shahbad tehsil)

2

Pinjna

Bachan Sardar (Kelwada, Shahbad tehsil)

2

Ramesh Kamravati (Anta tehsil) Ramesh Kamravati (Anta tehsil) Parman and Seth Nagar (Achrava, Atru tehsil) Rameshwar Nagar (Merela) Shomaram Meena (Sakrauda)

2

4. Jagdish Daulatram Rajpur Pahri 5. Suman Jagga

Employer and his Years of village bondage

Rajpur Pahri

6. Ramkaran Shyamlal

Achrava

7. Kalulal Srilal

Achrava

8. Kalulal Nainkilal

Sakrauda

2

Details He had borrowed Rs. 15,000 during the first year to repay a loan taken from somebody else that was taken to tide over medical expenses during family illness. After four years, he was told he had a debt of Rs. 40,000. He left work a year ago, sent an application, but there was no response.

He owed Rs. 13,000 at the end of one year of work to a previous employer. Kuldeep paid those dues for him and asked him to work for him. At the end of two years Kuldeep told him that his debt had become Rs. 21,000.

Babulal and Kalulal are brothers.

Raju had borrowed Rs. 9,000 for treatment of his ill mother. One day when he was irrigating the fields, he left his work to go home for a little while to check on his mother and prepare food for her. However, Bachan's son came after him on his motorcycle and beat him severely saying that “my fields are overflowing.” He then took him to the centre of the village and beat him up again.

Jagdish and Suman (mentioned below) are cousins. na

2

na

2

na

2

After two months of leaving work, Shomaram caught him in the bazaar one day; there were 10-12 others with him. Accusing him of stealing a gold chain and calling him a chor (thief), they subjected him to a severe thrashing – slapping him, hitting him, and kicking him. They then took him to the jungle and there was another round of maarpeet. Kalulal’s relatives informed the police.

Fortunately, they took prompt action and rounded up the culprits and took them to the police station, where an FIR was filed.

Shomaram and his two sons were arrested.

This incident occurred in the summer of 2011.

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9. Jagdish Ramswarup

Rampuria

Hemraj Nagar (Merda)

4

na

10. Somat (alias Somchand) Mangilal 11. Giriraj Kishorilal

Kherona

Tinku Rajput (Nargod)

2

na

Achrava

Akraj Nagar (Karjano) Chandramohan Nagar (Nargad)

2

na

3

He had borrowed Rs. 4,000 at the start. At the end of the three years he was told that his debt was now Rs. 15,000.

7

na

na

na

12. Radhashyam Prabhulal

Narmada (Padum panchayat, Guna, MP)

Iklera (since 3 years) 13. Lalaram Bansiram Kushipur Narendra Hiralal (Bamori tehsil, Gujar Guna, MP) (Barauda, Chhabra tehsil) 14. Brijmohan Kushipur na Ghasilal

Source: Group interview, Sahariya sahrana, Iklera, 12 January 2012.

Note: The above-mentioned labourers are residing in the Sahariya sahrana of Iklera village with other exbonded families (recognized and as yet unrecognized by the government). Unless otherwise mentioned, names of all villages are from Kishanganj tehsil. na: not available

Halis -- conferring for justice

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What we saw in Iklera convinced us that despite representations to, and some sporadic relief from, the district administration, no systematic arrangements had been made for the safety and “just and proper resettlement and rehabilitation” of the released bonded labourers. It was an act of immense courage for the labourers to break free from the old patterns of servitude and leave their employers overnight even though they knew that this would make them totally vulnerable since they were bereft of any other livelihood option and did not even know from where their next meal would come from. Some of them were mothers holding infant children, some with a lifetime of tolerance etched on their faces, living entirely on the hope that their lives would change for the better. While each labourer family has a different story, they all are facing hurdles to survival and don’t know how to overcome them. The immediate problem any of them leaving their villages confront, even if temporarily, is food; not even their immediate food security had been ensured.

From the many stories that the labourers shared with us we could feel the very real fear of retaliation that they had of vengeful actions from their employers for daring to leave them. This fear was higher in case of a few landlords notorious for their oppressive ways. Even if the labourers had left their homes to escape that oppression, preferring to live under the open skies in Iklera, intimidation and persecution hadn’t stopped. There had already been many instances when a former employer had come to harass his hali and drag him back. Women said that they were unable to sleep at night, and had to be constantly on guard, fearing the residents of Iklera Sagar - that included the landlords whose labourers were freed – knowing that they were in a belligerent mood. While the labourers acknowledged that the district police had been responsive and helpful, they felt that a strong signal that ought to have been sent by the district administration in order to thwart any possible act of intimidation by their former employers -- was still awaited.

Sankalp, Jagrut Mahila Sangathan and Doosra Dasak have played a crucial role in bringing to the fore the plight of the bonded labourers, almost all Sahariya adivasis. They have interviewed many of them, prepared their case studies and highlighted these stories in the media as part of their ongoing campaign since the last two years. Apart from that, they have also conducted more systematic socio-economic household surveys where basic information regarding the bonded labourer and his family were collected, especially specific details regarding his employment as a hali. These exercises exposed many rich landowners who were forced to change their ways and could no longer continue their old exploitative economic arrangements with impunity. While many of them have attempted to reassert their dominance over the individual hali/s under them, their ire against the Jagrut Mahila Sangathan, Doosra Dashak and the parent organisation, Sankalp – who they view as the instigators and 'trouble makers', has found voice in more recent times through an attempt to malign the unquestioned credibility that these grassroot organisations have enjoyed so far amongst the Sahariyas of the area by making false allegations against them, as we shall see in the next chapter.

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Who is a bonded labourer?

Despite all the direct evidence that we got to see and hear, as mentioned above – and the reality is likely to be certainly worse -- oddly enough, there is still confusion in the minds of landlords as well as some of the officials we met regarding who should be counted as a bonded labourer, and whether halis could be included in the category? One official, we were surprise to hear, said: “According to the criteria laid out in the Act, all the halis in Baran are bonded labourers!”

Others pointed at the benefits of the system that ensured regular employment for the labourer and regular availability of labourers for the farmers. Instances of malnourishment-induced starvation deaths were brushed off as exceptions. A widespread judgement regarding the root cause of Sahariya impoverishment was put at “laziness” and their propensity towards drink.

If there is indeed such confusion that comes in the way of official stringent action in this arena, then this subject calls for a public debate, so that farmers and their supporters (also in public positions) understand the criteria, that is the standard bearer internationally, of what construes “free” and “bonded” labour. Salient features of the Act can be appreciated from the box below: The Bonded Labour System (Abolition) Act, 1976 The Act defines bonded labour as a system of forced or partly forced labour whereby debtor has or is presumed to have entered into an agreement with the creditor to the effect that – 1.

In consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, on such advance, or

2.

In pursuance of any customary or social obligation, or

3.

In pursuance of an obligation devolving on him by succession, or

4.

For any economic consideration received by him or by any of his lineal ascendants or descendants, or

5.

By reason of his birth in any particular caste or community, he would – •

Render, by himself or through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, or

•

Forfeit the freedom of employment or other means of livelihood for a specified period or for an unspecified period, or

•

Forfeit the right to move freely throughout the territory of India, or

•

Forfeit the right to appropriate or sell at market value any of his property or product of his labour or the labour of a member of his family or any person dependent on him, and includes the system of forced, or partly forced, labour under which a surety for a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect that in the event of the failure of the debtor to repay the debt, he would render the bonded labour on behalf of the debtor.

The Act recognises as illegal all such practices and vests powers with the District Magistrate or any officer designated by him to uphold the provisions of the Act including initiating inquiries into whether such a system is in practice in the district and if so, eradicate it and rehabilitate persons or families affected (Sections 10, 11 and 12).

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3.

The Doosra Dashak training camp and the alleged abuse of two Sahariya girls

Doosara Dashak office in Bhavargadh

Sankalp and Doosra Dashak Sankalp Sankalp is a small voluntary organization based in village Mamoni of Shahbad Panchayat Samiti, Baran district.13 It was started by Motilal and two of his friends in 1983. They were motivated to work in this area because it was among the most backward in Rajasthan (once called the kalapani of Rajasthan), and had a large population of Sahariyas. Initially, Sankalp focused on various development works such as installing handpumps, providing health care, and helping the Sahariyas to sell minor forest produce. After a few years, however, Sankalp came to the conclusion that the development and liberation of the Sahariyas depended first and foremost on better education. As one of the Sahariya activists put it, “if someone is attacking us with a sword, we should also, if not attack, at least pick up the sword to protect ourselves”.

Over the years, Sankalp developed and explored various forms of educational interventions for Sahariya children: non-formal education centres, shiksha karmis, residential hostels, night schools, among others. An abiding concern was the need to make education relevant for Sahariya children, and relate it to their lives. Sankalp also developed innovative teaching methods geared to the needs of Sahariya children. Starting on a small scale, Sankalp’s educational programmes gradually covered many villages of Shahbad and Kishanganj Blocks. Aside from its educational programmes, Sankalp is 13 For an introduction to Sankalp's work see Dogra (2006) and Sankalp (2006).

27

also involved in other activities such as the promotion of solar energy and conducting youth camps and building awareness around issues such as human rights and laws, government schemes and Panchayati Raj. Sankalp is helping the Sahariyas to build their own organizations, including a women’s organization (Jagrut Mahila Sangathan) and a youth organization (Yuva Shakti Sangathan).

Jagrut Mahila Sangathan, active in 70-80 villages of Shahbad and Kishanganj Blocks, helps women to resist oppression and violence, take up local issues collectively, and play an active role in all decisionmaking processes.

Motilal addressing a meeting of sahariyas in Pipalda village (October, 2010)

Sankalp has on many occasions worked together with the government, for instance, in capacity building of local government workers, such as anganwadi karyakartas.

In recent times, the organisation and the local sangathans associated with it have played an important role in state wide campaigns in times of drought (eg, Akal Sangharsh Samiti) and more recently for effective implementation of MGNREGA and RTI through Suchna evum Rojgar ka Adhikhar Abhiyan.

Motilal training anganwadi workers (2010)

Struggle for increase in minimum wages

During the last two years, the organisation has been actively campaigning on bonded labour issue and working towards the release and rehabilitation of such halis and bandhaks.

Dialogue with Kisan Sangh on bonded labour (March, 2011)

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Doosra Dashak From 2001 onwards, Sankalp became closely associated with Doosra Dashak (DD), a statewide programme focusing on adolescents, particularly adolescent girls (in the age group of 11-20 years – their “second decade”). Foundation for Education and Development is a registered trust in Delhi (with Anil Bordia as its Chairperson). The main activity of this trust is to implement the Doosra Dashak programme. The overarching goal of Doosra Dashak is to “provide relevant, holistic education to adolescents who were deprived of schooling, and to make this education a lever for socio-economic transformation”. It started with two tehsils of two districts of Rajasthan, but has since spread to nine tehsils of Rajasthan as well as a few other states of India. 14 In Baran district, it has been functioning in Kishanganj tehsil with the help of four workers of Sankalp, who it employed for the purpose. Motilal is one of them. He is the Secretary of Sankalp and the Director of the Doosra Dashak programme in Kishanganj, with which he has been involved since its inception.15 It is in the course of this work that Sankalp workers helped form local sangathans like the Jagrut Mahila Sangathan (registered in 2002 and working independently since) and the Yuva Shakti Sangathan in 2003-04 (which is unregistered). These organisations are now playing an important role in local campaigns in the area – whether for work and wages, release of bonded labourers, etc.

As part of the DD programme, Sankalp started running four-month residential camps for adolescents, selected by the field workers from among the most disadvantaged communities in the area. Aside from residential camps, the Doosra Dashak programme includes many other activities as well, such as short-term thematic camps, science exhibitions, issue-based campaigns, sports competitions, organization building, and a series of training programmes for PRI representatives,

A 2010 batch of the residential camp - students and teachers 14 Work in these nine tehsils is directly funded by the Foundation through the Doosra Dashak units. Besides, it also funds two NGOs to work on this in their work areas.

15 For further details regarding implementation of the Doosra Dashak programme in Baran see Doosra Dashak (2011).

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school management committees, anganwadi workers and others.

The residential camps aim at imparting integrated basic education to the adolescents. This involves not only basic learning skills such as literacy and numeracy, but also overall personality development. For instance, an effort is made to inculcate values of democracy, peace, justice and equality. Linking learning with practice (e.g. learning of health matters with the practice of cleanliness and hygiene) is another abiding concern. By November 2011, 19 residential camps involving 890 girls and boys had been conducted in Kishanganj, and nearly 1,500 adolescents had participated in the short-duration camps. In the nine batches of girls so far, around 500 Sahariya girls from 100 villages of Kishanganj tehsil have participated and completed the course. By end2011, Doosra Dashak covered 161 villages in Kishanganj.

Ameena teaching maths in a camp class (December, 2011)

Figuring out the time with Raksha teacher (Jan, 2012)

The camps build on unconventional, activity-based methods including games, songs, theatre, films, poster making, small group discussions, etc. Their idea is to communicate concepts and contextually relevant knowledge in simple, non-intimidating and enjoyable ways. Since the teachers are also from the same area as their students, they can better comprehend their needs and plan the sessions keeping in mind the problems that they may face.

This work has won wide appreciation from students as well as parents in the region.

Learning about the digestive system with Raksha teacher (Jan, 2012)

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The Case The two girls in question, Babli (14 years old) and Meenakshi (15 years old), had enrolled in one such training camp at the DD centre in Bhavargadh, around 35 km from Baran town. They had got admitted to the camp on November 4, 2011. About 12 days later, on November 17, the mothers of the two girls visited the camp and asked to withdraw their daughters from the camp. Efforts by the DD to convince the mothers and their daughters otherwise proved futile, and the mothers took the girls back with them to their village.

Babli and Meenakshi

About a month later, on December 19, a local television channel, ETV, ran a story wherein they claimed that DD staffers had misbehaved with two girls from the Sahariya community who had enrolled in the camp – the girls were allegedly shown pornographic films, were forced to dance, and indecent photographs were taken of them.

On December 20, the local police lodged an FIR against Motilal and five other staff members of DD including Vijay Singh and four female teachers charging them under sections 354 (“Assault or criminal force to woman with intent to outrage her modesty”) and 294 (“Obscene acts and songs”) of the Indian Penal Code; and 3-xi (“whoever, not being a member of a SC or ST, assaults or uses force to any woman belonging to a SC or ST with intent to dishonour or outrage her modesty”) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (1989), and launched an investigation. (Annexure 1). It was at this stage that Motilal, suspecting a conspiracy among the local landlords to besmirch the name of his NGO, asked for a fact-finding team from the National Campaign for the Protection of Child Rights (New Delhi) on December 21 to come over and ascertain the facts of the case (see Annexure 2). On December 26, Motilal also filed an FIR against Jaswinder Singh Sabi for his role as described on p. 36 below.

The fact-finding team visited the area from January 10-13 and during this period met with: (i) Government officials including the district Collector, the case investigating officer and other concerned officials from the local administration; (ii) Doosra Dashak members including Motilal and other staff members, teachers, girl students enrolled in the then ongoing DD camp, and activists of the Jagrut Mahila Sangathan. (iii) the two girls and their mothers, other members of the Sahariya community in Ganeshpura, sardar farmers and Jaswinder Singh (alias Sabi), who besides being one of the large sardar farmers is also General Secretary for Youth Congress for Lok Sabha and a man with some political clout in the area; (iv) the sarpanch (Phoolchand Sahariya) and deputy sarpanch of Kankhara panchayat (Tejwant Singh); and (v) Bharat Singh, the husband of DD staffer, 31

Aruna, who persuaded the girls to enroll in the DD camp.

Highlights of the various meetings (i) Government Officials The Collector, Mr. Saravanan, briefed the FF team about the incident and the action taken by the local administration. He informed us that the case was being investigated by a 4-member team comprising Kalyan Banjara, Additional Superintendent of Police in-charge (ASP), two lady constables, and a sub-inspector. According to the Collector, the organization DD has been doing a great job of educating the local Sahariya children in the age group of 11-20 years. They were doing this since 2001, and the current batch was the tenth one. He also stated that Motilal enjoyed an impeccable reputation in the region as a social worker.

According to Mr. Kalyan Banjara, the entire incident was in all likelihood a conspiracy planned by Jasvinder Singh Sabi, who, besides being a local landlord farmer and youth congress leader, also had a criminal record. Sabi had become agitated, as were other Sardar farmers, when Sankalp started working on the issue of bonded labour in the Sahariya belt of Baran district and were successful in getting some of them released.

Mr. Banjara reported that after he took charge of the investigation he had gone to the DD office to meet the girls enrolled in the camp, and spoke with 25-30 girls. He perused the course material, including the modules on sexual education, reproductive health, etc. The girls were being taught through activity-based learning methods, and those who were shy and hesitant to begin with gradually gained in confidence as they took part in cultural activities, including singing and dancing. He found that the hostels were well maintained and that students (including the other girls from Ganeshpura village were still enrolled there) were happy.

He said that he also met the sarpanch, Phoolchand Sahariya, who, according to him, was unhappy at not being given adequate importance by DD, who had been working closely with the Sahariyas. “They never invite me to their office or involve me in their key initiatives,” he reportedly complained.

(ii) Doosra Dashak members We met with Motilal, co-accused Vijay Singh and other female teachers at the DD residential camp at Bhavargadh. Motilal narrated the work that Sankalp had been doing in the villages of Kishanganj and Shahbad tehsils since 1983, their involvement with the Doosra Dashak programme in the last decade, and more recently their campaign and action related to the prevalence of bonded labour in the region. He said: “Ever since we started our campaign for the mukti of labourers working as halis of the sardar landlords, who have been the prime beneficiaries of the hali bonded labour system, they found us to be a nuisance. That’s why they cooked up these allegations 32

against DD staffers, so that we lose our credibility, especially among the Sahariyas, and are forced to move out of the area or stop our work.”

He also explained that both the girls in question had problems during their stay as gutka (tobacco) was disallowed in the camps, and on more than one occasion they had been caught and censured by DD staff for taking gutka secretly. Besides, the girls did not like the strict discipline of the camp, where they had to follow a fixed daily routine and had to follow timings, procedures and activities laid down for all students – besides the girls, there are 47 other girl-students in the camp that has continued according to schedule after the instance.

Teachers we met shared with us about their teaching methods and routine and showed us the syllabus and teaching material. Members of the Jagrut Mahila Sangathan also shared with us about their activities.

(iii) At Ganeshpura We met both the girls, Babli and Meenakshi, and also Rampiyari and Gobari – aunt and mother of the girls – in their village, Ganeshpura. Like other Sahariya women of their hamlet, Rampiyari and Gobari have been engaged in khuli majduri (casual labour) in the houses of the sardar farmers. They are paid at the rate of Rs. 100 per day. Some sardar farmers, they said, engage several women for domestic work on monthly basis (at Rs. 2500-3000 per month). Since the last 7-8 years both girls had also been working with them and were paid the same rate. Meenakshi's father, Puram, is a hali with Paramveer Singh (at Rs. 18,000 annually) where he works as a cowherd; before this he worked for Kashmir Singh for five years (at Rs. 20,000 annually). Their families, like other Sahariya families in their village, rely on the sardar families for their economic sustenance. The goodwill of their employers is therefore crucial for their survival.

Rampiyari and Gobari

The mothers said that after Diwali there was a gap of ten days or so when the girls did not have work. Bharat told them about the camp, and the mothers felt that if the girls went to attend it, they would be taken care off – would get food, clothes, and would “learn something” – and so both of them joined the camp. Five other girls from Ganeshpura were already there.

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But after only a few days, the mothers got a call from them asking them to come and take them home. They complained that they were told to dance and sing songs; “bad films” were also shown to them. They alleged that one man took their photos in a humiliating pose, though they didn’t know the name of this person. They could not understand how they were going to learn anything there without pencils, notebooks, etc. The mothers also complained to us: “Vahan padhailikhai to kuch hoti nahi thi. Kevala nach-gana karvate the (they were not teaching them anything there, only dancing and singing would go on).

The girls were initially very quiet but eventually confirmed this version of the events and told us that after a few days, when they went to the Kankhara market to get something stitched, they ran into the sarpanch, Phoolchand Sahariya, who asked them why they had come back so hurriedly from the camp. Subsequent to this conversation, he visited the girls’ home. The very next day, they were visited by a cameraman; the girls’ mothers told him that they didn’t like the camp.

The girls also alleged that Rs. 100 from each of them was taken from them towards their ten day stay at the camp. Also, other things that had been given to them at the camp, like hair oil, soap, etc. and materials and learning aids were also taken back by a female teacher.

Empty gutka sachets found behind their house in Ganeshpura

Babli and Meenakshi laugh away after our examples of ice-breakers.

We had a long conversation with the girls and their mothers about teaching methods. We explained how songs and dance were used in group exercises as “ice-breakers” so that initial shyness, hesitations and self-doubt could be overcome, they could develop confidence, and learn to express themselves. The girls were shy with us too, and it took some time for them to talk which happened especially after we showed a dance step or two that provoked giggles and laughter.

Likewise, with the mothers too, giving several examples about the knowledge they had and if they were to teach us what they know – for example, how to plaster the floor with cow-dung and mud, how to thatch the roof, or how to sow seeds in the fields – all of which could be done with a 34

blackboard but done more effectively if they were to show it by doing it --- and this was education too! Mothers agreed. They said: “Hum anpadh aadmi hai. Dar lag jata hai. Hum samjhe nahi (We are illiterate. We were afraid. We did not understand.”

Behind their houses, we found empty packets of gutka, reminding us again of the role that their gutka habit and its prohibition may have played in making them restless and uncomfortable in the camp. We explained the ill-effects of gutka and how it could cause cancer and that that was the reason why it could not possibly be entertained in an educational institution. All this they understood when it was explained to them, which had not been the case before.

While in the village, the fact-finding team also met other Sahariya families. They were not ready to tell us much. They told us to ask those girls and their mothers about the incident. But the villagers were unanimous that Motilal was a good person and that he had helped them in many ways. They said that six other girls from their village were attending the camp and they had had no complaints of any kind. Some villagers, especially a relative of the girls, were concerned that it would be difficult for the girls to get married given that “their reputation had been tarnished” by this incident.

We also met the sarpanch, panch, and Jasvinder Singh 'Sabi'. They all admitted that Sankalp was a good organization. They said that the DD had worked well for the last ten years providing education to the Sahariya children. But they too were surprised as to how anyone could teach children without notebooks, pencils, etc.

The fact-finding team members explained to them that there are different kinds of educational methods, and in DD camps, the children were being taught through activity-based participatory methods that are essential for the capacity building of the children. To this, they responded that Motilal should have mentioned this to them but he hadn’t. They also complained that, since the incident came into the limelight, they had been getting threatening calls from unknown persons.

Further evidence A number of documents and written testimonies were also presented to the team, including: 1. Memorandums submitted by the Samast Sahariya Samaj (Shahbad and Kishanganj, Baran) to the District Collector and the Superintendent of Police on 24 December 2011 (Annexures 3A and 3B).

2. Letter by the women of the Samast Sahariya Samaj, who are also members of the Jagrut Mahila Sangathan, to the State Women's Commission, Rajasthan, on 26 December 2011 (Annexure 3C).

A few points are worth noting from these documents.

First, there is wide appreciation of the work done by Sankalp for the last 27 years and Doosra Dashak for the last decade among the Sahariyas of the area. It is also pointed out that in the camps for Sahariya girls organised so far, there has never been a complaint of such nature before.

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Second, this alleged incident is seen as an attempt by the sardar farmers to malign the organisation because it has been campaigning not only against bonded labour but also for better wages and employment opportunities for the Sahariyas under MGNREGA. This meant a serious treat that the labourers would leave their employers or demand higher wages.

Third, Jaswinder Singh Sabi took personal interest in this matter because some of the released bonded labourers were his relatives.

Fourth, after the alleged incident, on 17 December, pressure was put on the women of Kalimati village by a person identified by one of them as “our congress neta�. They said they he had come to their village in a black vehicle and told them that no teaching was happening in the Bhavargadh camp, that their girls were being made to dance, and that indecent photographs were being taken of them. He told them that they should withdraw their daughters from the camp and that if they did so he would ensure that they receive Rs. 1.5 lakhs from the government. Believing him, two women went to the camp, but after staying the night there and talking with their daughters who denied that anything untoward was happening , they returned home.

Fifth, on 19 December Jaswinder Singh Sabi is reported to have gone to the Doosra Dashak office at Bhavargadh, posing as a visitor who was highly appreciative of the organisation, and asked questions about the organisation's work to Vishwajeet Sarkar, Aainamati and Mina Prajapati, employees of the organisation. He also video-graphed the organisation's premises from outside as well as inside. That same evening, ETV (Rajasthan) covered as a news item the alleged sexual harassment of Sahariya girls in the Doosra Dashak camp and also carried some of these images (one of which also included Vishwajeet Sarkar), proving that they were the same as those taken earlier that day by Jaswinder Singh Sabi.

Sixth, after the ETV news coverage and before the filing of the FIR, the SP as well as the Collector also visited the organisation to enquire about the matter. ETV journalist Lal Singh Faujdar, who had reported the news, also came and spoke with the Kalimati women who were then present in the camp. They told him about Jaswinder Singh Sabi's visit to their village and his exhortations based on information that had proved to be false. However, Faujdar, did not carry this in his reporting of the alleged incident.

Seventh, independent persons have since contacted former girl students in eight villages as well as those who were in the same camp as Babli and Meenakshi, and all have denied the occurrence of any sexual harassment or misbehaviour of any kind in the camps.

Eighth, in their letter to the Women's Commission of Rajasthan, women activists of the Jagrut Mahila Sangathan highlight the efforts they had to make to motivate the Sahariya parents to send their daughters to these camps, and to encourage the girls themselves. They express concern that petty games of local politicians should not harm their collective efforts to reach education to the Sahariyas, in a region where the education of girls is a key and has already brought about positive changes in their lives.

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Last but not least, it is clear from these documents that the Sahariyas stand behind Sankalp and Doosra Dashak in this matter. Indeed, they have made a collective request for withdrawing of the FIR and action against those responsible for this harassment.

Post-enquiry developments An important development that has occurred since our fact-finding in January is that Jasvinder Singh (alias Sabi) of Ganeshpur who became the Yuva Congress Lok Sabha Mahasachiv (Baran-Jhalavad region) in early 2011 and had four criminal cases against him (all of which were committed after his appointment) but had not been arrested due to political patronage, was finally arrested on 9 February from Taleda in Bundi district and is in jail ever since. (see Annexure 6).

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4.

Summary of Main Findings

Bonded labour is a big issue in Baran district. Most of the farmers own large tracks of land and have been employing labourers (local Sahariya tribals) on an annual basis, sometimes for many years at a stretch, with little or no wages in lieu of a distress loan taken earlier. Such a bonded labour arrangement – locally called the hali system – has been prevalent in the Kishanganj and Shahbad tehsils of Baran district for a long time.

Doosra Dashak, a voluntary organisation, and its parent organization Sankalp, have been working in the area for many years (DD since 2001, and Sankalp since 1983). Amongst other activities they have been campaigning against bonded labour and in the last two years they have actively attempted to free them. Quite a few recently released bonded labourers have attested to the fact that DD has been helping them to come out of their bondage.

The mothers of the two girls were both employed, as free labourers, with the Sardar landlords of Ganeshpura. Sabi, the scion of one of the landed sardar families, and an aspiring politician, has been under pressure from other big landlords to do something to ‘fix’ the NGO that has been working with the Sahariyas and helping them come out of bonded labour.

Here, it must be noted that the local economy of Baran is highly dependent on the hali system. The farm labourers are employed on a small loan – which can be as little as Rs 1,500 – and they work on the farm of the local landlords for years together ostensibly to pay off the loan with interest. Basically they get no compensation for their daily work apart from food grains and (in some cases) some small cash to meet medical expenses – so this is a farm economy that runs profitably on the basis of not paying the labourers (most of them Sahariyas), or paying them, annually, what would amount to a fraction of the daily minimum wage (Rs 135 per day).

In this scenario, when these Sahariyas are released from hali, the same landlords have to pay them on a per day basis – for which the norm in this district is Rs 100 per day. So the action against the hali system has raised the cost of farming for the landlords. This combined with the general sad state of agriculture in the country marked by farmer distress and inadequate prices for agricultural produce, has made the availability of cheap (aka bonded) labour a critical factor in the profitability of agriculture for these farmers. The landlords, therefore, were unhappy with the work of Sankalp and DD, which have been instrumental in eroding the hali system in these two blocks of Baran district.

So, when the local sardar leader Sabi got to know that two girls had returned early from the camp, he summoned them to ascertain the details.

These two girls were the least literate of all the girls who had enrolled at the DD camp. As such, their idea of an educational camp was one that included things like notebooks, blackboard, reading and writing, pen and pencils, etc of the more conventional kind. But the DD camp was a more unconventional one that focused as much on life skills – such as hygiene, reproductive health, 38

gender and human rights awareness, inculcating a scientific temper, building confidence, etc – as on more conventional elements of schooling such as literacy and numeracy, aimed at enabling them to go back and continue their schooling in the government school system.

It so happens that in this particular year, the module on reproductive health and sex education, which in previous years had been taught in the third or fourth months, was advanced to the beginning of the course. According to the DD head, Motilal, the teachers had noticed that in a few previous batches girls who had their first menstruation during the course tended to leave midway. It was felt that if the nature of female physiological development was taken up earlier in the course, such instances of drop-outs could be avoided. Therefore, they decided to advance the module towards the beginning.

What this ended up doing was to prematurely expose two girls – with very little exposure to the outside world – to films, and to talk about sex education. This part of the course, to these girls who had a very traditional understanding of “going to school”, came as a culture shock, and they began to wonder about the education they were getting.

It is also a fact that both these girls were severely addicted to gutka – which is banned in the DD residential centre, given that it has been linked to a number of diseases, including mouth cancer.

The staffers who were supervising the girls warned the girls against consuming gutka in the premises, and when the warning was not heeded, confiscated the gutka bought by the girls.

It appears likely that all these new and sudden restrictions on the girls – hitherto used to doing as they pleased in their village – combined with the culture shock of the sex education modules, and an element of home sickness, made the girls want to leave. From the parents’ perspective, when they saw that the girls were not really on course to attain literacy, they figured that they were better off putting the girls to work in the farm.

Word spread, and speculation mounted, when the girls returned home after barely 10 days at the DD camp. When the local sardars heard of it, they decided to make use of the opportunity.

Jaswinder Singh Sabi, in collaboration with the deputy sarpanch, got the girls to write a complaint alleging that they left the camp because of misbehaviour of the DD staffers. The girls and their mother were reportedly given Rs 5,000 by Sabi and promised another Rs 1 lakh from the government if they agreed to file such a complaint.

And once the girls and their family had been coaxed into maintaining the story, the local media and the police were drawn into the script, to fulfil their respective parts – of maligning DD, and registering a case against DD, respectively.

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5.

I.

Recommendations

On Bonded Labour in Baran district

The prevalence and continuation of bonded labour in Baran district represent a form of systemic injustice that has no place in a democracy. The fact that the practice is endemic in these parts speaks of the extent to which governments, past and present, have been ineffectual.

The present government should correct this historical injustice to the Sahariyas - the poorest of the poor in Rajasthan and amongst the most vulnerable in the country as a whole - by implementing The Bonded Labour (Abolition) Act (1976) pro-actively. A few urgent steps that can be taken in this respect have been mentioned below.

A.

Identification

1.

Systematic survey in each panchayat (32 in Kishanganj and 27 in Shahbad) should be conducted to identify labourers who may be working as a hali or bandhak.

2.

Burden of proof: The SDOs of the respective blocks should be strictly instructed not to ask for ‘proof’ or ‘evidence’ from bonded labourers who approach them with a complaint/application for release from bonded labour. They need to be instructed that, as per the Bonded Labour Act, the burden of proof lies with the landlord, and therefore, lack of ‘proof’ cannot be a reason for rejecting an application from a bonded labourer (see Table 2).

3.

Active overseeing authority: There should be some form of recourse for bonded labourers whose application is either rejected or kept pending for a long time. The labourers should be able to approach such an overseeing authority in case the local SDO refuses to process their complaints. If the District Collector is such an authority, then he should take cognizance of all such cases (see Table 3).

B.

Rehabilitation

4.

Mukti praman patra ('released from bonded labour' certificate): This is the basic document that the labourer needs to secure the rehabilitation package. The state administration should make it simpler for such labourers to get their praman patra and should issue it expeditiously.

This document also protects the labourer, at least to some extent, from any harm that his exemployer may attempt to cause him.

5.

The present rehabilitation package needs to be re-evaluated and revised. It includes Rs 1,000 in cash (given with the praman patra) and subsequently Rs 19,000 worth of livestock and provisions. However the package is ill-thought out, unbalanced, and grossly inadequate. (for further details as reported to our team see p. 21; see also G. 22 below).

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6.

The rehabilitation of released bonded labourers should be done expeditiously. We came across labourers, for instance in Ganeshpura, who had not heard from the government agencies even after a year of “release” and were awaiting rehabilitation. While a few of them had received the praman patra, most had not received even that much. According to a survey done by Doosra Dashak, out of the 108 complaints made by bonded labourers, only 45 had received a reply from the government so far. (See also Table 3).

7.

The overseeing authority mentioned above (A.3) should also monitor and take appropriate action in case of delayed rehabilitation measures.

8.

Mahatama Gandhi National Rural Employment Guarantee Act (MGNREGA) payments.

Payment under MGNREGA has to be made within 15 days. However, in the villages we visited nowhere were the labourers getting their wages in time; instead a delay of 3-4 months was said to be the norm. Besides, labourers are almost never paid their full stipulated MGNREGA wage (Rs 119 per day’s work at the time of enquiry). The district administration should investigate and ensure that the wages are paid in full and that there are no delays; if there are delays, then a mechanism should be set up whereby they are compensated for such delays (more on this below).

9.

Ration cards and job cards: Surveys should be done to find out whether every Sahariya household, especially the newly released bonded labourers, have ration cards and job cards, and to provide both to all those who do not have them. This should be completed within a stipulated time frame that is clear and binding on the local administration.

C.

Punitive Measures

10.

FIRs need to be initiated against all those landlords from whom Sahariya bonded labourers have been released in the last two years, and subsequently, whose names are on record.

11.

The district administration should take action against landlords and other employers who do not pay the basic minimum wage (Rs 135 per day at the time of enquiry) to farm and other labourers – currently, Rs 100 per day is paid in most places, subject to seasonal demands for workers.

12.

Initiate proceedings against landlords – wherever complaints have been received – under the SC and ST (Prevention of Atrocities Act), 1989, for atrocities committed against Sahariya bonded labourers, which have also been well documented by journalists and local NGOs.

D. 13.

Improving Government Functioning Since the last 5 years the three crucial postings in the labour department of Baran are vacant – there is no labour welfare officer, labour inspector or lower divisional clerk. Personnel 41

working on deputation come from Jhalawar, 85 km from Baran. This situation should be corrected urgently and immediate recruitments made.

14.

A separate cell within the district labour office should be created to address the bonded labour issue. This will allow for work to be carried out with greater focus; field visits and necessary investigations of bonded labour can be done in collaboration with the SDO and the Collectorate.

15.

State, District and lower level officers should undergo training where they will get some grounding in the situation of tribals in the country, alienation of their basic resources, and contemporary deprivation. Within that larger framework, the sociological history and context of the hali system, the gradual takeover of Sahariya lands by various landlords, and the right interpretation of the Bonded Labour Act would need to be situated. Most critically, this training/orientation workshop should disabuse officials of their prejudices against the Sahariyas – prejudices (such as ‘Sahariyas are lazy’, ‘Sahariya men are drunkards’, etc) that render them unsympathetic and therefore less disposed to implement the law and rehabilitation schemes for the benefit of the Sahariyas.

16.

Have the Collector’s office file a monthly status report to a designated authority about the progress made on the applications for bonded labour certificate from alleged bonded labourers, and their subsequent rehabilitation via issuance of ration cards, job cards, etc.

17.

Ensure better coordination between the Forest and Revenue departments so that the Sahariyas are not victimized by a lack of coordination between the two.

E.

Village-specific Recommendations

18.

In Sunda-Chenpur village, the land on which the grain bank is being built by the Sahariyas should be regularized so that they do not continue to live in fear of forest officials tearing it down – as it is a key resource that can protect them from slipping back into bonded labour.

19.

Issue homestead land pattas to all the Sahariya families who have built their houses on forest land and/or Bhoodan land in the villages of Ganeshpura, Sunda-Chenpur and Iklera. This is essential to ensure that they are not driven out of their settlements again, or at least get due compensation if they end up having to move elsewhere. It will also give them a sense of much-needed security about their homes.

20.

Initiate proceedings to restore to the Sahariyas lands that have been usurped by other landlords. This is particularly applicable in the case of the Sahariyas of Sunda-Chenpur village, where the local landlord Pravin Singh alias Bitta has allegedly usurped Sahariya private land (eg, of Matralal) as well as hundreds of acres of “society” land. His occupation had been removed by ex-collector Mr. R. S. Ghatala and the land distributed to the Sahariyas, but the land is again under his occupation as he has secured a stay from the court.

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F. 21.

Government Promises In March 2011, the chief minister made some declarations regarding tribal development in Rajasthan. He also announced a separate package (88.1-10) for the development of sahariyas of Baran. These included provisions for Sahariya residents of Kishanganj and Shahbad (also covered under the centrally sponsored – PTG scheme) and those in the other 6 tehsils (who are not covered). The package included a promise of action on several fronts.

Some of the more notable ones, as listed below, need to be monitored for effective implementation. (i)

“Sahariya land under occupation will be freed and given back to them.”(point 88.8) (See below for further discussion).

(ii)

“Ration cards and free grain under Antodaya - 35 kg per family - to be given to each Sahariya household.” (as per decision taken in 2009-10) However during our fact-finding we found that many Sahariya families do not have ration cards; this was especially the case among families with young married sons, who customarily move out of their parents' household and live separately. Most of these youngsters did not have ration cards.

(iii)

“A systematic survey of the situation of indebtedness amongst Sahariya households of Baran needs to be undertaken in order to assess the situation.” (88.7)

(iv)

In 2011, the state government had announced that “the Sahariyas would be eligible for 200 days of labour work, 100 days under MGNREGA and an additional 100 days, the expenses of which would be borne by the state government.” However, we did not find any evidence of this on the ground.”(88.7)

(v)

“A residential colony will be built for families who are struggling to come out of bondage, or have done so, in Iklera.” (88.7)

(vi)

The chief minister acknowledged during his Baran visit that he found that information about existing government schemes was very low among the sahariyas; their literacy levels were very low, and their health care needs were not being met due to inadequate health care services. Progress in each is a necessary part of a long term strategy for Sahariya development. Constant monitoring of progress is of utmost importance (88.0).

(vii)

Since sahariyas living in 6 tehsils of Baran (other than Kishanganj and Shahbad) did not benefit under any development schemes (according to the observations made in the declaration document), they should be brought under the purview of appropriate schemes (88.1).

43

(viii)

G.

In the administrative year 2011-12, a thousand houses (bhavan) were going to be constructed for Sahariya families (88.9).

Four Crucial Intervention Areas In order to ensure that people do not slip back into bondage, it is crucial that they have enough to tide them over for some time. For this, not only do their debts need to be cancelled but care should be taken that their earning capacity increases, food security schemes are in place and they are beneficiaries of the same (ie, all should have a ration card and there should be a functioning Public Distribution System), and the rehabilitation package is a generous one. The long term strategy to fight bonded labour would therefore have to aim to decrease the labourers' economic vulnerability, increase social security, and over time enhance their political consciousness so that they have a greater capacity for political participation and are thereby able to protect themselves from exploitation and greed of the dominant sections as well as guard their constitutional rights. Four interventions are particularly crucial in this respect.

22.

Rehabilitation Package The present package has not been enhanced since 2000.16 The package should be revised keeping inflation in mind; it should be planned keeping the family, especially dependent children and elders, in mind and not just the labourer; it should provide each released bonded labourer with an asset, or an asset-building capability; and it should have a component of compensation.

The state is responsible to the labourer and his family for not being able to alleviate their circumstances as a result of which they were pushed into bondage and forced to live a miserable existence. And subsequently too, the state failed to locate such labourers and take corrective measures. We strongly recommend that the government should take responsibility by providing adequate compensation to the labourer for its inaction. This should be built in the rehabilitation package and a set amount should be given per labourer (to be calculated according to the length of time in bondage). This can be kept as a fixed deposit in the local bank on their names.

23.

Land (i)

“Sahariya land under occupation will be freed and given back to them�(point 88.8).

After the CM's declaration, the district administration conducted a survey in

16 The rehabilitation package was first designed in 1978 when a rehabilitation assistance of up to a ceiling limit of Rs. 4000 per bonded labourer was approved. This amount was raised to Rs. 6250 in 1986, to Rs. 10,000 in 1995, and Rs. 20,000 in 2000.

44

Kishanganj and Shahbad. 980 cases (446 of Kishanganj and 534 of Shahbad) were identified where land of Sahariya khatedars was illegally occupied by others.

However, the Kishanganj list needs to be corrected since the list does not include 135 cases of Digoda (Khakhra panchayat) and Chenpura (Khandela panchayat) villages that had been identified in the 'prashasan gaon ke sang shibir' that the local government had organised in these villages. They had pattas for the land but it was not in their occupation. The tehsildar later made a list of the 135 and announced that he had got their land measured (126 bighas in Digoda and 277 bighas in Chenpura) and allotted it to them, but it seems that this was not carried through on the ground. (ii)

Cognizance should also be taken of government land that may be under illegal occupation that should be retrieved and distributed amongst the landless and marginal Sahariya farmers in the area with due legal process.

(iii)

Security over homestead land needs to be ascertained by conducting a systematic survey of all Sahariya sahranas. Wherever people are found to have no pattas for their homestead land, appropriate steps should be taken to ensure that that land is regularised in their favour, be it Bhoodan land or Forest land.

(iv)

Forest land: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, should be implemented expeditiously.

This would include not only the land that the Sahariyas have been cultivating but do not have titles for, but also forest land that today does not have forest cover that may be used by Sahariya or other poor for housing and cultivation purposes. Since on record such land is shown as 'forest land' they run the risk of being evicted any time.

(v)

24.

Panchayats Extension to the Scheduled Areas (PESA) Act, 1996: The actual forests – the original homeland of the Sahariyas - are being fast depleted through illegal felling, encroachments, and alienation for non-agricultural purposes without the knowledge of the tribals. A powerful weapon in the hands of the tribals, the PESA Act, that can allow them to be vigilant about such malpractices and further selfgovernance at the panchayat level, has not yet been fully implemented in Rajasthan.

It is imperative that the state government should expeditiously do so.

MGNREGA Given that MGNREGA is the primary, if not the only, lifeline for the Sahariyas who have come out of bonded labour, the state and local administration should ensure that (1) all those who are eligible have job cards, (2) 200 days of employment per year are assured to them as promised, and (3) wages are paid on time and as per the stipulated MGNREGA rate. There should be absolutely no delay in the payment of wages, especially in the two tehsils of Kishanganj and Shahbad. Sahariya labourers cannot afford to wait for their wages 45

– as it is, the deadline of 15 days for payment of wages under the Act is a long time for them.

If the payment of wages is delayed beyond the limit of 15 days, workers should be compensated. Under Schedule II, Section 30 of MGNREGA (read together with the Payments of Wages Act), they are entitled to Rs 3,000 per worker if the wages are yet to be paid at the time of application for compensation, and Rs 2,000 if the wages have been paid by that time. What is important is to ensure pro-active payment of compensation without waiting for the affected workers to apply, since their ability to submit formal applications is very limited. Useful recommendations for this purpose are available in the report of the “Working Group on Wages” constituted by the Ministry of Rural Development (see http://nrega.nic.in/CEGC/Wages.pdf). After the 47-days dharna (Mazdoor Haq Satyagraha) organised in Jaipur in October-November 2010 by Suchna Evum Rozgar Adhikar Abhiyan, the Government of Rajasthan had agreed to make arrangements to ensure that MGNREGA workers are paid compensation for late payments.

Active implementation of MGNREGA in the area and timely payment of wages could do a great deal for the liberation of bonded labourers – this must be one of the foremost action points.

25.

Minimum Wages After the Jaipur dharna, the Government of Rajasthan had also agreed that it would index the state minimum wage with inflation. However, this is yet to be done: even though the Government of Rajasthan did increase the MGNREGA wage rate once after the dharna (from Rs 119 per day to Rs 133 per day), it was an ad hoc revision, and there is still no system to ensure automatic increase every year in line with price increases. Such a system should be put in place without delay – it is a very simple matter.

Another long-standing demand of people's movements is the payment of minimum wages to MGNERGA workers. It may be recalled that under Section 6.2 of the Act, the statutory minimum wage applicable to agricultural workers in a particular state is also applicable to MGNREGA workers. Though Section 6.1 seemingly allows the Central Government to override this provision and set separate wages for MGNREGA workers without being bound by the Minimum Wages Act, the courts (in Andhra Pradesh and Karnataka, separately) have declared that it would, in fact, be unconstitutional to override the Minimum Wages Act and pay MGNREGA workers anything less than the minimum wage. An appeal against these orders by the Central Government to the Supreme Court has been rejected. In fact, the matter had already been settled many years ago (in 1983) in the context of relief works in Rajasthan, in a famous Supreme Court judgement in the case Sanjit Roy vs Government of Rajasthan, where the Supreme Court declared that paying workers engaged on relief works anything less than the minimum wage would amount to “slave labour”. Recent orders of the 46

High Courts and Supreme Court, along with numerous legal opinions, have upheld this view. Therefore, MGNREGA workers in Rajasthan are certainly entitled to the statutory minimum wage. Further, the statutory minimum wage should be revised at periodic intervals through a fair and objective process, as per the provisions of the Minimum Wages Act. In fact, the workers of India (and for that matter everywhere) are entitled not only to a “minimum wage” but also, as a natural right, to a “fair wage”. It is strange indeed that the official standard of aspirations for the (manually) working population does not move beyond the basic minimum requirement while all other sections of the population who are engaged in “service” of other kinds (be it government servants, teachers, doctors or others) deserve better. Such a situation gets stranger when we note that the market prices of all items are the same for everybody. If we believe in the idea of natural human equality -- that all men and women are born equal – and in the idea of equal citizenship, that our constitution upholds, then such callous disregard for the majority of the Indian population cannot be tolerated and should be corrected urgently.

II.

On the issue of alleged molestation of girls at DD camp

26.

Investigate the role of the local ETV personnel in the whole incident, specifically who got them to telecast the story about the alleged molestation of the two Sahariya girls, and why it was telecast without any counter-version from the DD staffers.

27.

Re-investigate the role of Mr Jaswinder Singh Sabi, Mr Phoolchand Sahariya and Mr Tejwant Singh in the whole saga.

28.

DD to re-look at its current practice of introducing the sex education module right at the beginning of the 4-month residential camp, and instead, consider shifting it towards the end, as earlier.

29.

DD to ensure that all teachers and staff at the camp receive appropriate training in providing education to teenagers, especially girls.

30.

DD to have their course materials vetted by an independent, recognized pedagogist.

31.

DD to adequately sensitise and thoroughly inform the parents and the children about the nature and content of the course, and the rules of residence (no gutka, etc) prior to admission, so that any misunderstanding or wrong expectation about the course is avoided. This can perhaps be done through a small workshop or seminar by DD in concerned Sahariya villages.

47

Annexure 1

48

Annexure 2

सेवा मे, शरीमती शािनत िसहा अधयक-राषटरीय बाल सुरका आयोग, नरइ िदलली.

िदनाक- 21 िदसंबर, 2011.

िवषय:- बाल शोषण की िनषपक जाच करवाने के करम मे महोदया, जैसा की आपको िविदत है िक दूसरा दशक पिरयोजना राजसथान राजय के बारा िजले के बलॉक-िकशनगंज मे 11-20 वषर आयु वगर के िकशोर-िकशोिरयो की िशका एवं िवकास का कायर कर रही है. िपछले एक वषर मे पिरयोजना दारा इस केतर मे सहिरया जनजाित के लोगो को बनधुआ मजदूरी से िवमुकत करवाने हेतु अिभयान चलाया जा रहा है. लग-भग 150 से अिधक बनधुआ मजदूर िवमुकत करवाये जा चुके है. दूसरा दशक दारा िकशोर-िकशोिरयो के िलए चतुमािसक आवासीय िशिवर संचािलत िकये जाते है. पाच नवमबर, 2011 से संसथा दारा िकशोिरयो के िलये आवासीय िशिवर संचािलत िकया जा रहा है. कैमप के दौरान खाखरा पंचायत के गणेशपुरा गाव से दो मिहलाऐ ं यह कहकर दो बिचचयो को वािपस ले गइं िक उनके यहा पर मजदूरी का काम है, इसिलए हम इनको केमप से वािपस ले जा रहे है. उसके एक माह पशात संसथा के कायरकताओं पर यौन शोशण का आरोप लगाया गया. पुिलस दारा संसथा के दो कायरकताओं एवं चार मिहला अधयािपकाओे​े​े कें िखलाफ धारा 354, 294, एवं एससी-एसटी एकट के अनतगरत मुकदमा दजर िकया गया. हमारा ऐसा मानना है चूंिक िपछले एक वषर मे जो बनधुआ मजदूरो को मुकत करवाने का अिभयान चलाया गया है उसके फलसवरप यहा के जमीदारो ने हमारे िखलाफ षडयंतर िकया है. हमारा आपसे अनुरोध है िक आप अपने सतर पर एक िनषपक जाच आयोिजत करवाने का कष करे तािक सही बात उजागर हो सके. सादर,

भवदीय मोतीलाल दूसरा दशक पिरयोजना बारा, राजसथान

49

Annexure 3A

Kkiu fnukad % 24-12-2011 ftyk dysDVj] ckjkaA egksn;] fiNys dqN fnuksa ls ehfM;k ds ek/;e ls ;g izpkfjr fd;k tk jgk gS fd fd’kuxat CykWd esa ladYi laLFkk } kjk lapkfyr nwljk n’kd ifj;kstuk ds deZpkfj;ksa us vkoklh; f’kfoj esa i<+us okyh fd’kksfj;ksa ds lkFk v’yhy gjdrsa ,oa NsM+NkM+ dh gSA [kka[kjk iapk;r ds x.ks’kiqjk xkao dh nks yM+fd;ksa ds ek/;e ls dqN yksxksa }kjk Hkaojx<+ iqfyl Fkkus esa izkFkfedh ntZ djkbZ xbZ gSA izkFkfedh esa ladYi laLFkk ds Jh eksrhyky] Jh fot; esgrk ,oa f’kfoj esa i<+kus okyh pkj v/;kfidkvksa ds f[kykQ vkjksi yxkdj /kkjk 294] 354 ,oa ,l0Vh0 ,l0lh0 ,DV ds rgr izdj.k ntZ fd;k x;k gSA 'kkgkckn ,oa fd’kuxat {ks= ds lHkh yksx Hkyh Hkkafr tkurs gSa fd ladYi laLFkk fiNys 27 o"kksZa ls bl {ks= ds oafpr oxZ fo’ks"k :i ls gekjs tutkfr ds yksxksa dh f’k{kk ,oa fodkl ds fy, dk;Z dj jgh gSA laLFkk ds }kjk lapkfyr dk;Zdzeksa ls gekjs leqnk; ds yksxksa esa f’k{kk dk izlkj gqvk gSA blds dkj.k gekjs lekt ds cgqr ls uo;qod@uo;qofr;ka ljdkjh lsokvksa esa dke djus yxs gSaA {ks= ds yksxksa dks lwpuk ds vf/kdkj] dke ds vf/kdkj ,oa taxy tehu ds vkUnksyu ls tksM+dj ykHkkfUor fd;k gSA vdky ds nkSjku gekjs tutkfr ds yksxksa dks jkstxkj fnykus ds fy, la?k"kZ fd;k vkSj lkotZfud forj.k iz.kkyh dk ykHk yksxksa dks fey lds blds fy, vfHk;ku pykdj dke fd;k gSA gekjk leqnk; yEcs le; ls buds }kjk lapkfyr xfrfof/k;ksa esa tqM+dj dke dj jgk gSA fiNys dqN efguksa esa laLFkk }kjk tkxzr efgyk laxBu ds lkFk feydj cU/kqvk etnwjksa ds foeqfDrdj.k dk vfHk;ku pyk;k gS rFkk ncax ,oa izHkko’kkyh yksxksa ls mudh tehuksa dks okfil fnykus ds fy, vfHk;ku 'kq: fd;k gSA vkt gekjs lekt ds 150 ls Hkh vf/kd cU/kqvk etnwj foeqDr gks pqds gSaA laLFkk }kjk efgyk ,oa tkfrxr mRihM+u ds f[kykQ Hkh leqnk; ds lkFk da/ks ls da/ks feykdj dke fd;k gSA ge fiNys 27 o"kksZa ls budh lsokvksa ls ykHkkfUor gks jgs gSa vkSj brus yEcs le; esa vkt rd efgykvksa@yM+fd;ksa dks mRihfM+r djus dh ckr u rks ns[kh gS vkSj u gh lquh gSA cfYd tc&tc Hkh efgykvksa ds mRihM+u dh ckr lkeus vkbZ gS] laLFkku us muds f[kykQ iqjtksj vkokt mBkbZ gS vkSj U;k; fnyk;k gSA fiNys fnuksa ,d lqfu;ksftr rjhdksa ls ehfM;k esa buds f[kykQ tks izpkj gqvk gS] og ncax ,oa izHkko’kkyh yksxksa dh ,d lkft’k gSA pwafd laLFkk ds iz;klksa ls cU/kqvk etnwj foeqDr gq, gS rFkk gekjs lekt ds fy, ljdkj us izR;sd ifjokj dks eujsxk esa o"kZ Hkj esa 200 fnu rd etnwjh nsus dh ?kks"k.kk dh gSA bl dkj.k bu yksxksa dks igys ls vf/kd etnwjh nsdj viuk dke djokuk iM+rk gSA ;s yksx pkgrs gSa fd fdlh rjg ls laLFkk ds yksx {ks= ls gV tk, ;k lgfj;k leqnk; ls foeq[k gks tk,] rkfd ;s igys ds Hkkafr budk 'kks"k.k dj ldsA buds vf/kdkjksa dh ekax mBkus vkSj budks laxfBr djus okys yksx u jgs vkSj ;s igys dh Hkkafr gekjk 'kks"k.k dj ldsA lkft’k djus okys yksx fiNys fnuksa dkyhekVh xkao esa igq¡pdj gekjs lekt dh efgykvksa lss dgk fd ftudh yM+fd;k¡ laLFkk esa esa i<+ jgh gS] os viuh yM+fd;ksa dks okil ysdj vk;sA ogk¡ ij rks rqEgkjs yM+fd;ksa dks upkrs gSa vkSj mudh v’yhy QksVks [khaprs gSaA rqe rqEgkjh yM+fd;ksa dks ogka ls ysdj vkvks rks ge rqEgsa ljdkj ls 1-50&1-50 yk[k :i;s fnyok;saxsA bl ckr dks lqudj gekjh lekt dh efgyk,¡ ,oa yM+fd;ksa ds ifjtuksa us laLFkk esa tkdj ns[kk vkSj ogka ij i<+ jgh yM+fd;ksa ls feys ,oa muls ckrphr dhA yM+fd;ksa us dgk fd gekjs lkFk fdlh Hkh izdkj dk dksbZ xyr O;ogkj ugha gksrk gSA ge rks ;gka ij vPNh rjg jgrh gSAa gesa fdlh ckr dh ijs’kkuh ugha gSA vkt gekjs leqnk; us blls O;fFkr gksdj lekt dh cSBd dh gS vkSj ;g fu.kZ; fy;k gS fd laLFkk ds f[kykQ lkft’k djus okyks dk ge iqjtksj fojks/k djsaxsA gekjk lekt bl Kkiu ds ek/;e ls iz’kklu ls ekax djrk gS fd & 1. laLFkk ds yksxksa ds f[kykQ tks izdj.k ntZ fd;s gSa] mudks fujLr dj ,Q vkj yxkbZ tk;sA 2. "kM+;a= djus okys yksxksa dss f[kykQ l[r dk;Zokgh dh tk,A leLr lgfj;k lekt 'kkgckn ,oa fd’kuxat ¼ckjka½

50

Annexure 3B

Kkiu fnukad % 24-12-2011 ftyk iqfyl v/kh{kd] ckjkaA egksn;] fiNys dqN fnuksa ls ehfM;k ds ek/;e ls ;g izpkfjr fd;k tk jgk gS fd fd’kuxat CykWd esa ladYi laLFkk } kjk lapkfyr nwljk n’kd ifj;kstuk ds deZpkfj;ksa us vkoklh; f’kfoj esa i<+us okyh fd’kksfj;ksa ds lkFk v’yhy gjdrsa ,oa NsM+NkM+ dh gSA [kka[kjk iapk;r ds x.ks’kiqjk xkao dh nks yM+fd;ksa ds ek/;e ls dqN yksxksa }kjk Hkaojx<+ iqfyl Fkkus esa izkFkfedh ntZ djkbZ xbZ gSA izkFkfedh esa ladYi laLFkk ds Jh eksrhyky] Jh fot; esgrk ,oa f’kfoj esa i<+kus okyh pkj v/;kfidkvksa ds f[kykQ vkjksi yxkdj /kkjk 294] 354 ,oa ,l0Vh0 ,l0lh0 ,DV ds rgr izdj.k ntZ fd;k x;k gSA 'kkgkckn ,oa fd’kuxat {ks= ds lHkh yksx Hkyh Hkkafr tkurs gSa fd ladYi laLFkk fiNys 27 o"kksZa ls bl {ks= ds oafpr oxZ fo’ks"k :i ls gekjs tutkfr ds yksxksa dh f’k{kk ,oa fodkl ds fy, dk;Z dj jgh gSA laLFkk ds }kjk lapkfyr dk;Zdzeksa ls gekjs leqnk; ds yksxksa esa f’k{kk dk izlkj gqvk gSA blds dkj.k gekjs lekt ds cgqr ls uo;qod@uo;qofr;ka ljdkjh lsokvksa esa dke djus yxs gSaA {ks= ds yksxksa dks lwpuk ds vf/kdkj] dke ds vf/kdkj ,oa taxy tehu ds vkUnksyu ls tksM+dj ykHkkfUor fd;k gSA vdky ds nkSjku gekjs tutkfr ds yksxksa dks jkstxkj fnykus ds fy, la?k"kZ fd;k vkSj lkotZfud forj.k iz.kkyh dk ykHk yksxksa dks fey lds blds fy, vfHk;ku pykdj dke fd;k gSA gekjk leqnk; yEcs le; ls buds }kjk lapkfyr xfrfof/k;ksa esa tqM+dj dke dj jgk gSA fiNys dqN efguksa esa laLFkk }kjk tkxzr efgyk laxBu ds lkFk feydj cU/kqvk etnwjksa ds foeqfDrdj.k dk vfHk;ku pyk;k gS rFkk ncax ,oa izHkko’kkyh yksxksa ls mudh tehuksa dks okfil fnykus ds fy, vfHk;ku 'kq: fd;k gSA vkt gekjs lekt ds 150 ls Hkh vf/kd cU/kqvk etnwj foeqDr gks pqds gSaA laLFkk }kjk efgyk ,oa tkfrxr mRihM+u ds f[kykQ Hkh leqnk; ds lkFk da/ks ls da/ks feykdj dke fd;k gSA ge fiNys 27 o"kksZa ls budh lsokvksa ls ykHkkfUor gks jgs gSa vkSj brus yEcs le; esa vkt rd efgykvksa@yM+fd;ksa dks mRihfM+r djus dh ckr u rks ns[kh gS vkSj u gh lquh gSA cfYd tc&tc Hkh efgykvksa ds mRihM+u dh ckr lkeus vkbZ gS] laLFkku us muds f[kykQ iqjtksj vkokt mBkbZ gS vkSj U;k; fnyk;k gSA fiNys fnuksa ,d lqfu;ksftr rjhdksa ls ehfM;k esa buds f[kykQ tks izpkj gqvk gS] og ncax ,oa izHkko’kkyh yksxksa dh ,d lkft’k gSA pwafd laLFkk ds iz;klksa ls cU/kqvk etnwj foeqDr gq, gS rFkk gekjs lekt ds fy, ljdkj us izR;sd ifjokj dks eujsxk esa o"kZ Hkj esa 200 fnu rd etnwjh nsus dh ?kks"k.kk dh gSA bl dkj.k bu yksxksa dks igys ls vf/kd etnwjh nsdj viuk dke djokuk iM+rk gSA ;s yksx pkgrs gSa fd fdlh rjg ls laLFkk ds yksx {ks= ls gV tk, ;k lgfj;k leqnk; ls foeq[k gks tk,] rkfd ;s igys ds Hkkafr budk 'kks"k.k dj ldsA buds vf/kdkjksa dh ekax mBkus vkSj budks laxfBr djus okys yksx u jgs vkSj ;s igys dh Hkkafr gekjk 'kks"k.k dj ldsA lkft’k djus okys yksx fiNys fnuksa dkyhekVh xkao esa igq¡pdj gekjs lekt dh efgykvksa lss dgk fd ftudh yM+fd;k¡ laLFkk esa esa i<+ jgh gS] os viuh yM+fd;ksa dks okil ysdj vk;sA ogk¡ ij rks rqEgkjs yM+fd;ksa dks upkrs gSa vkSj mudh v’yhy QksVks [khaprs gSaA rqe rqEgkjh yM+fd;ksa dks ogka ls ysdj vkvks rks ge rqEgsa ljdkj ls 1-50&1-50 yk[k :i;s fnyok;saxsA bl ckr dks lqudj gekjh lekt dh efgyk,¡ ,oa yM+fd;ksa ds ifjtuksa us laLFkk esa tkdj ns[kk vkSj ogka ij i<+ jgh yM+fd;ksa ls feys ,oa muls ckrphr dhA yM+fd;ksa us dgk fd gekjs lkFk fdlh Hkh izdkj dk dksbZ xyr O;ogkj ugha gksrk gSA ge rks ;gka ij vPNh rjg jgrh gSAa gesa fdlh ckr dh ijs’kkuh ugha gSA vkt gekjs leqnk; us blls O;fFkr gksdj lekt dh cSBd dh gS vkSj ;g fu.kZ; fy;k gS fd laLFkk ds f[kykQ lkft’k djus okyks dk ge iqjtksj fojks/k djsaxsA gekjk lekt bl Kkiu ds ek/;e ls iz’kklu ls ekax djrk gS fd & 1. laLFkk ds yksxksa ds f[kykQ tks izdj.k ntZ fd;s gSa] mudks fujLr dj ,Q vkj yxkbZ tk;sA 2. "kM+;a= djus okys yksxksa dss f[kykQ l[r dk;Zokgh dh tk,A leLr lgfj;k lekt 'kkgckn ,oa fd’kuxat ¼ckjka½

51

Annexure 3C

fnukad 26-12-2011 v/;{k jkT; efgyk vk;ksx t;iqj fo"k;% lgfj;k vkfnoklh c sf V;k s a dk s cgdku s] iz y k sH ku n su s vkS j mUg s a f'k{kk l s o af pr dju s d s iz ; kl dh tk ap dju s vkS j nk sf "k;k s a d s f[kykQ dkjZ o kbZ dh ek ax d s l an HkZ e s a egksn;k 19 fnlacj dh 'kke dks bZVhoh jktLFkku U;wt pSuy ij ,d [kcj izlkfjr gqbZ ftlesa Hkaojx<+ dh nwljk n'kd ifj;kstuk ds vkoklh; f'kfoj esa nks ukckfyx ckfydkvksa }kjk ifj;kstuk funs'kd eksrhyky] ,d vU; dk;ZØe leao;d fot; esgrk rFkk 4 efgyk v/;kidksa ij vkjksi yxk;k x;k fd bu lc us mudk ;kSu mRihM+u fd;k o mUgsa v'yhy fp= fn[kk,A vxys fnu 20 fnlacj dks Hkaojx<+ Fkkus esa ,d ,QvkbZvkj Hkh ntZ djokbZ xbZA mijksDr Ng yksxksa ds f[kykQ Hkkjrh; naM lafgrk dh /kkjk 354]294 rFkk ,llh,lVh vR;kpkj fuokj.k vf/kfu;e dh /kkjk ¼3½ ds rgr f'kdk;r ntZ dh xbZ gSA bl ekeys dh tkap ,llh@,lVh lSy ¼ckjka½ ds mi v/kh{kd dY;k.key catkjk }kjk dh tk jgh gSA 1.

egksn;k ge vkidk /;ku bl ckr dh rjQ fnykuk pkgrs gSa fd Hkaojx<+ esa nwljk n'kd ifj;kstuk fiNys nl lkyksa ls dke dj jgh gSA bl ifj;kstuk dk ,d [kkl dke gS lgfj;k ckfydkvksa esa f'k{kk ds izfr psruk iSnk djukA mUgsa izsfjr djds pkj ekg ds vkoklh; f'kfoj vk;ksftr djukA fiNys nl o"kksZa esa ,sls vusd f'kfoj vk;ksftr fd, x, gSaA igys dHkh Hkh bl rjg dh f'kdk;r ugha dh xbZ gSA ifj;kstuk ds funs'kd eksrhyky bl {ks= esa dk;Zjr ladYi laLFkk ds lfpo Hkh gSaA muds ekxZn'kZu esa fiNys 30 o"kkZsa ls lgfj;k lekt ds fodkl o laxBu dk dke fd;k tk jgk gSA efgyk mRihM+u dh ckr gks ;k lgfj;kvksa ds ekuokf/kdkj dk ekeyk ;g nksuksa laLFkk,a lekt ds lkFk muds gdksa dh iSjoh esa muds lkFk [kM+h gSaA fiNys o"kZ laLFkk }kjk bl {ks= esa ca/kqvk lgfj;k vkfnokfl;ksa dh foeqfDr dk O;kid vfHk;ku pyk;k ftlds ifj.kkeLo:i 146 lgfj;kvksa dks ca/kqvk etwjh ls eqfDr fnykbZ xbZA 2.

laLFkk ds ekxZn'kZu esa cus lgfj;k efgykvksa ds tkxzr efgyk laxBu dh ge lc efgykvksa dks bl f'kdk;r ds ewy esa ;gh dkj.k utj vkrk gSA fiNys o"kZ pyk, x, ca/kqvk eqfDr vfHk;ku ds dkj.k bl bykds ds dbZ tehankj vkSj izHkko'kkyh yksx laLFkk ls [kkls ukjkt utj vk jgs FksA bUgha esa ls ,d gSa tlfoanj flag lkch tks ;wFk dkaxzsl yksdlHkk ds egklfpo ¼ckjka&>kykokM+½ Hkh gSaA buds fj'rsnkjksa ds ;gka ls Hkh ca/kqvk etnwjksa dks eqDr djok;k x;k FkkA 3.

?kVukØe 4 uoacj dks Hkaojx<+ esa pkj ekg dk vkoklh; f'kfoj vkjaHk gqvkA bl f'kfoj esa orZeku esa 47 yM+fd;ka i<+ jgh gSaA 17 uoacj dks x.ks'kiqjk xkao dh nks vkSjrksa fpYykrh gqbZ vkbZaA mUgksaus mykguk fn;k fd laLFkk us ca/kqvk etnwjksa dks eqDr djokdj mUgsa csjkstxkj cuk;k gSA mUgksaus dgk blhfy, vc os viuh csfV;ksa dks f'kfoj esa ugha j[ksaxhA os mUgsa ys tkus dks vkbZ gSaA laLFkk ds funs'kd eksrhyky ds vuqlkj mUgksaus mUgsa dkQh le>k;k ysfdu oks ugha ekuha vkSj viuh csfV;ksa dks ysdj pyh xbaZA ml fnu nwljk n'kd ifj;kstuk dh chvkjih,e dh cSBd ds fy, laLFkk ds lHkh QhYM dk;ZdrkZ Hkh vk, gq, FksA cSBd esa vk, dk;ZdrkZvksa esa ls djhcu vk/kk ntZu dk;ZdrkZvksa us bl ckr dh iqf"V dh gSA 4.

52

bl ?kVuk ds ckn 17 fnlacj dks ,d dkys jax dh xkM+h dsyokM+k {ks= ds dqN xkaoksa esa ?kwerh jghA bl xkM+h esa lokj nks vksgnsnkj ;qod dkyhekVh xkao esa x,A dkyhekVh dh 4 lgfj;k efgykvksa lfgr 5&7 Ldwyh Nk=ksa ds vuqlkj dkys jax dh xkM+h esa vk, ,d ;qod us mUgsa dgk fd Hkaojx<+ esa lapkfyr nwljk n'kd ifj;kstuk esa i<+ jgh xkao dh yM+fd;ksa ds diM+s [kksydj mUgsa upk;k tk jgk gS rFkk mudh rLohjsa [khaph tk jgh gSaA ml ;qod us dgk fd vxj xkao dh os yM+fd;ka tks nwljk n'kd ifj;kstuk eas i<+ jgh gSa mUgsa xkao ys vkvksxs rFkk tks eSa dgwaxk oSlk dg nksxs rks ljdkj ls Ms<+ yk[k #i, fnyokÅaxkA xkao ds yM+ds o efgyk,a ml ;qod dks ugha tkurs gaS ysfdu muesa ls ,d crkrh gS fd oks gekjs dkaxzsl ds usrk gaSA 5.

;qok dkaxzsl usrk dh ckrksa ij fo'okl dj dkyhekVh xkao dh nks efgyk,a Hkaojx<+ fLFkr laLFkk esa i<+ jgh viuh yM+fd;ksa dks ysus ds fy, Hkh xbZaA mudh yM+fd;ksa us dksbZ v'yhyrk ugha gksus dh ckr dghA oks nksuksa efgyk,a jkr laLFkk esa gh #dhA mUgksaus crk;k fd tlfoanj flag lkch us tks ckrsa dgha oks lHkh >wBh fudyhaA 6.

19 fnlacj dks gh ;g usrk Hkaojx<+ ds rstkth ds MkaMk fLFkr nwljk n'kd ifj;kstuk ds dk;kZy; esa foftVj cudj x;k vkSj laLFkk ds dk;ZdrkZ fo'othr ljdkj ls laLFkk o laLFkk ds dk;ksZa dh tkudkjh yhA tkudkjh ysrs gq, og laLFkk ds dk;ksZa dh iz'kalk djrk jgk vkSj laLFkk Hkou ds gkWy o dejksa dh fofM;ksxzkQh Hkh dhA 19 fnlacj 'kke dks bZVhoh jktLFkku U;wt pSuy ij nwljk n'kd ifj;kstuk ds dk;ZdrkZvksa }kjk lgfj;k yM+fd;ksa ds lkFk v'yhyrk dh [kcj izlkfjr gqbZA og [kcj bZVhoh jktLFkku ds ckjka ftyk laoknnkrk yky flag QkStnkj }kjk Hksth xbZ FkhA bZVhoh jktLFkku U;wt pSuy ij fn[kk, x, fofM;ks QwVst esa laLFkk ds Hkou dks Hkh fn[kk;kA mu QqVst esa fo'othr ljdkj Hkh utj vk;kA oks QqVst ogha Fkh tks tlfoanj flag lkch us laLFkk ds foftV ds nkSjku yh FkhaA 7.

20 fnlacj dks Hkaojx<+ iqfyl us laLFkk ds funs'kd eksrhyky lfgr 5 dk;ZdrkZvksa ds f[kykQ Hkkjrh; naM lafgrk dh /kkjk 354] 294 o ,llh@,lhVh vR;kpkj fuokj.k vf/kfu;e dh /kkjk ¼3½ ds rgr ekeyk ntZ dj dk;Zokgh vkjaHk dhA blls iwoZ ,lih o dyDVj us Hkh Hkaojx<+ igqap dj ekeys dh tkudkjh yhA Vhoh i=dkj yky flag QkStnkj Hkh ogka igqapk Fkk] mlus laLFkk ds yksxksa ds lkFk dkyhekVh xkao dh mu efgykvksa dh ckbV Hkh yh FkhA mu efgykvksa us lkQ lkQ crk;k fd dkaxzsl dk ;qok usrk xkao esa vk;k Fkk vkSj mudh laLFkk esa yM+fd;ksas ds lkFk v'yyhyrk gksus dh >wBh tkudkjh nh FkhA mUgksaus ;g Hkh crk;k fd ml dkaxzsl ;qok usrk us yM+fd;ksa dks laLFkk ls ys vkus o muls mlds eqrkfcd dgyokus ij ljdkj ls Ms<+ yk[k #i, fnyokus dk izyksHku Hkh fn;k FkkA ysfdu mu efgykvksa dh ckbV dk izlkj.k ugha fd;k x;kA izlkj.k fd;k tkrk rks okLrfodrk mlh fnu turk ds lkeus vk xbZ gksrhA 8.

vkoklh; f'kfojksa esa v'yhyrk dks ysdj iwoZ esa vk;ksftr vkoklh; dSaiksa esa i<+ pqdh yM+fd;ksa o orZeku esa dSai esa i<+ jgh yM+fd;ksa ls laidZ fd;k x;kA yM+fd;ksa us vkjksiksa dks fljs ls [kkfjt djrs gq, crk;k fd laLFkk esa ,slh dksbZ gjdr ugha gksrh gSA djhcu 8 xkaoksa dh mu yM+fd;ksa ls laidZ lk/kk x;k tks iwoZ esa bl laLFkk ds vkoklh; dSaiksa esa jgh gaSA muesa esa ls ,d us Hkh laLFkk eas v'yhyrk ds ckjs esa ugha crk;k vkSj uk gh vU; fdlh izdkj dh f'kdk;r dhA 9.

orZeku esa nwljk n'kd ifj;kstuk ds vkoklh; dSai esa 47 yM+fd;ka v/;;ujr gaSA mu yM+fd;ksa esa ls ,d Hkh yM+dh laLFkk ds dk;ZdrkZvksa }kjk v'yhy fQYe fn[kkus o uaxk djds upkus ;k v'yhy gjdrsa djus ds vkjksiksa dks lgh ugha Bgjkrh gSA oks dgrh gS fd laLFkk esa fdlh izdkj dk HksnHkko ugha fd;k tkrk] laLdkj fl[kk, tkrs gSaA 10.

ge lc lgfj;k efgyk,a tkurh gSa fd lgfj;k fd'kksfj;ksa dks ?kj ls ckgj ykdj vkoklh; f'kfojksa esa f'k{kk izkIr djus dks izsfjr djus esa ge lc dks cgqr esgur djuh iM+h gSA [kwc le; Hkh yxk gSA bl izfØ;k esa 53

tqM+dj muds thou esa dkQh ldkjkRed cnyko Hkh vk;k gSA gesa Mj gSa fd O;fDrxr LokFkZ dh bl jktuhfr ds pyrs dgha gekjs lekt dh csfV;ka vius fodkl vkSj f'k{kk ls oafpr u gks tk,aA blhfy, gekjk vki ls vuqjks/k gS fd bl ekekys esa vki rqjar n[ky nsdj ge lc efgykvksa ds lkFk U;k; djsa vkSj nksf"k;ksa ds f[kykQ dkjZokbZ djsaA ge gS a

54

Annexure 4A

lsokesa] Jheku~ mi[k.M vf/kdkjh egksn;] fd'kuxat] ftyk&ckjkaA

fnukad % 31-01-2012

fo"k; % ca/kqvk etnwjh ls eqfDr fnyokus ckcr~A egksn;th] mijksDr fo"k; esa fuosnu gS fd eSa gfjvkse lgfj;k iq= Jh jaaxyky lgfj;k] mez 32 o"kZ] fuoklh xkao lw.Mk] rglhy&fd’kuxat] ftyk ckjka dk jgus okyk gw¡A esjs ifjokj esa ge dqy 5 lnL; gSA eSa Lo;a] esjh iRuh ,oa 2 iq= ,oa 1 iq=h gSA esjs ikl jk’kudkMZ o tkWcdkMZ ugha gSA esjs ikl fdlh Hkh izdkj dh dksbZ tehu Hkh ugha gSA eSa cpiu ls gh gkyh ds :i esa dk;Z dj jgk gw¡A lcls igys esa cyohj flag fuoklh lw.Mk ds ikl gkyh ds :i esa dke ij yxkA mlds ;gka ij eSaus igys lky 1500 :i;s lky ds fglkc ls] nwljs lky 3000 :i;s lkykuk ds fglkc ls dke fd;kA rhljs lky tc eSaus fglkc djok;k rks esjs ekFks 10]000 :i;s dk dtkZ fudky fn;kA cyohj dk dtkZ pqdkus ds fy, eSaus fcV~;k iq= mejko flg fuoklh lw.Mk ds ikl dke ij yxkA fcV~;k ls eSaus 10]000 :i;s uxn ysdj cyohj dks pqdk,A lky ds var esa tc fglkc djok;k rks fcV~;k us esjs ekFks 14]000 :i;s dk dtkZ fudky fn;kA fcV~;k dk dtkZ pqdkus ds fy, eSa rjflag fuoklh lw.Mk ds ;gka gkyh yxkA eSaus muls 14]000 :i;s ysdj fcV~;k dks pqdk,A rjflag ds ;gka 13]000 :i;s lkykuk ds fglkc ls dke djuk r; gqvkA eSua s rjflag ds ;gka ij lky Hkj dke fd;kA lky ds var esa rjflag us esjs ekFks 15]000 :i;s dk dtkZ fudky fn;kA rjflag dk dtkZ pqdkus ds fy, eSa txnh’kflag vVoky] fuoklh txnsoiqjk ds ;gka gkyh yxkA eSaus muls 15]000 :i;s ysdj rjflag dk dtkZ pqdk;kA txnh’kflag vVoky ds ;gka ij dke djrs gq, eq>s 7 lky gks pqds gSaA eSa txnh’kflag vVoky ds ;gka ij izFke lky 12]000 :i;s] nwljs lky 14]000 :i;s] rhljs lky 15]000 :i;s] pkSFks lky 15]000 :i;s] ik¡pos lky 17]000 :i;s] NBs lky 15]000 :i;s ,oa bl lky 19]000 :i;s lkykuk ds fglkc ls dke dj jgk gw¡A txnh’kflag vVoky lkyHkj esa eq>s gj 15 fnu esa ek= 30 fdyks xsgw¡ ds vykok dqN Hkh ugha nsrk gSA gj lky fglkc djus ds ckn esjs ekFks dtkZ c<+k nsrk gSA bl izdkj fiNys lky tc fglkc fd;k rks esjs ekFks 50]000 :i;s dk dtkZ fudky fn;kA tc dHkh eq>s iSlksa dh vko’;drk gksrh rks txnh’kflag vVoky eq>s iSls ugha nsrk gSA os esjs iRuh ds uke ij etnwjh ds isVs iSls nsrk gSA esjh iRuh muds ;gka ij [ksrhckM+h dk dke djrh gSA vHkh orZeku esa esjh iRuh foUrks"k ds ekFks 1150 :i;s gSA eSa tc dHkh ukxk djrk gw¡ rks esjs 100 :i;s izfrfnu ds fglkc ls ukxk dkVrk gS vkSj dtZ esa tksM+ nsrk gSA bl izdkj lky nj lky gekjs ekFks dtkZ c<+rk tk jgk gSA 10&12 fnu igys eSa esjs ifjokj lfgr ogka ls Hkkxdj lw.Mk xkao vk;k gw¡A fnukad 30-01-2012 dks txnh’kflag vVoky dk iq= gjrst flag esjs xkao lw.Mk esa vk;kA ml oDr eSa ?kj ij ugha FkkA mlus esjh iRuh ls dgk fd gekjs iSls pqdk nks ;k fQj dke djus pyksA vxj ckn esa dksbZ ckr gks xbZ rks gels er dgukA vc eSa txnh’kflag vVoky ds ;gka ls dk;Z ls eqDr gksuk pkgrk gw¡A vr% vkils fuosnu gS fd esjk dtkZ ekQ fd;k tk;s vkSj ca/kqvk etnwjh mUewyu dkuwu ds rgr esjh iquokZl dh O;oLFkk dh tk;sA izkFkhZ gfjvke iq= jaxyky lgfj;k] xzke &lw.Mk] iapk;r [k.Msyk] iapk;r lfefr fd’kuxat] ftyk ckjkaA 55

Annexure 4B

fnukad % 31-01-2012 lsokesa] Jheku~ mi[k.M vf/kdkjh egksn;] fd'kuxat] ftyk&ckjkaA fo"k; % ca/kqvk etnwjh ls eqfDr fnyokus ckcr~A egksn;th] mijksDr fo"k; esa fuosnu gS fd eSa bUnzthr lgfj;k iq= Lo0 jes’k lgfj;k] tkfr lgfj;k] mez 18 o"kZ] fuoklh lw.Mk] rglhy fd’kuxat] ftyk ckjka dk jgus okyk gw¡A esjs ekrk^&firk cpiu esa gh xqtj xqtj x;s FksA eq>s esjh ukuh us iky&iksl dj cM+k fd;kA ,d ckj esjh ukuh cgqr chekj iM+hA muds bykt ds fy, gekjs ikl iSls ugha FksA blfy, eSa ijeohj ljnkj ds ;gka 2500 :i;s lkykuk ds fglkc ls dke ij yxkA ,d lky ds ckn tc eSaus fglkc djok;k rks ijeohj us esjs ekFks 10]500 :i;s fudkysA ijeohj ljnkj ds dtkZ pqdkus ds fy, eSa txnh’k flag vVoky] fuoklh txnsoiqjk ds ;gka gkyh yxkA muds ;gka ij 5]000 :i;s lkykuk ds fglkc ls dke djuk r; gqvkA eSaus muls 10]500 :i;s ysdj ijeohj ljnkj dk dtkZ pqdk;kA lky Hkj dke djus ds nkSjku txnh’k flag vVoky gkyh chekjh esa eq>s dHkh&dHkkj 100&50 :i;s ns fn;k djrk FkkA blds vykok os eq>s vkSj dqN Hkh ugha nsrk FkkA eq>ls jkr&fnu dke djokrk FkkA fiNys lky tc fglkc djok;k rks esjs ekFks 11]000 :i;s dk dtkZ fudkykA eSa bu lc ls ijs’kku gksdj 10&12 fnu igys ogka ls Hkkxdj lw.Mk esa vk x;k gw¡A vc muds ifjokj okys eq>s /kedh ns jgs gSa fd gekjs iSls okil ykSVk ns ;k fQj gekjs ;gka ij dke djus pyA ugh arks vPNk ugha gksxkA eSa ogka ij ugha tkuk pkgrk gw¡ vkSj bl dke ls eqfDr pkgrk gw¡A orZeku esa eSa esjs ekekth ds lkFk lw.Mk esa gh jgrk gw¡A esjs ikl jk’kudkMZ o tkWcdkMZ Hkh ugha gSA vr% vkils fuosnu gS fd esjk dtkZ ekQ fd;k tk;s vkSj ca/kqvk etnwjh mUewyu dkuwu ds rgr esjh iquokZl dh O;oLFkk dh tk;sA

izkFkhZ bUnzthr iq= jes’klgfj;k] xzke &lw.Mk] iapk;r [k.Msyk] iapk;r lfefr fd’kuxat] ftyk ckjkaA

56

Annexure 5

eq f Dr ds fy, vkos n u i= yxk, c a/ kq v k etn wj ,o a eq D r gq , c a/ kq v k etn wj ks a dh l wp h (as on December 2011) xk ao okj c a/ kq v k etn wj k s a dk fooj.k ¼CykW d &fd’kux at ½ Øetn wj dk firk dk uke tkfr xk ao dk uke l auke 1 gfjvkse lgfj;k jaaxyky lgfj;k lgfj;k lw.Mk 2 bUnzthr lgfj;k Lo0 jes’k lgfj;k lgfj;k lw.Mk 3 eksgu xksiky lgfj;k lgfj;k lw.Mk 4 y{e.k lqjs’k lgfj;k lw.Mk 5 mEesn lgfj;k Jo.k lgfj;k lgfj;k lw.Mk 6 lq[kohj jes’k lgfj;k lgfj;k lw.Mk 7 fd’kuyky Jh fpUVwyky lgfj;k lw.Mk 8 jktw fpaVw lgfj;k lw.Mk 9 izrki usuX;k lgfj;k lw.Mk 10 Jkedq¡oj gfjyky lgfj;k lw.Mk 11 ckyth Jo.k lgfj;k lw.Mk 12 v’kksd Jo.k lgfj;k lw.Mk 13 lkoU;k usuX;k lgfj;k lw.Mk 14 gsejkt izrki lgfj;k lw.Mk 15 lhrkjke usuX;k lgfj;k lw.Mk 16 jkeLo:i nsohyky lgfj;k lw.Mk 17 izrki Jo.k lgfj;k lw.Mk 18 fd’kksj lgfj;k lw.Mk 19 Hkhek ';keyky lgfj;k lw.Mk 20 dSyk’k lgfj;k Jh;k lgfj;k lw.Mk 21 ckcwyky txuk lgfj;k lw.Mk 22 iIiw eFkqjkyky lgfj;k lw.Mk 23 jes’k Jhyky lgfj;k lw.Mk 24 ijeohj ckcwyky lgfj;k lw.Mk 25 [ksjk Jhyky lgfj;k lw.Mk 26 lq’kiky fpUVw lgfj;k lw.Mk 27 j.kthr chjcy lgfj;k lw.Mk 28 xqykcckbZ fd’kuyky lgfj;k lw.Mk 29 jkeflag xksiky lgfj;k lw.Mk 30 xCcy lgfj;k eksguyky lgfj;k lw.Mk 31 eqds’k xksiky lgfj;k lw.Mk 32 tksxsUnz fd’kuyky lgfj;k lw.Mk 33 rstiky chjcy lgfj;k x.ks’kiqjk

eq D r gq ,



     





 

   57

34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74

tuosn /kujkt lqjs’k ftUnj NksVw 'kEHkw eqjkjh cqnnk fouksn fnYyw] pEikyky eqjkjh xkscjhyky v’kksd c`teksgu Hkhejkt v’kksd jk/ks’;ke eksguyky /khjt jk/ks’;ke jkefd’ku dEeks izsejkt lkser jktw lqyrku lgfj;k] cuokjhyky y[ku eqUukyky jkefuokl ccyw Åadkj ukjk;.k gtkjhyky es?kjkt jfo /kujkt ckcwyky lksek j?kqohj

dk’khyky ckyfd’ku gydw iwje gYdwjke lhrkjke jkeizlkn prjk QwypUn jes’k dYyw NksVwyky xkscjhyky irjsyky jkedqekj eksguyky jkeizlkn uFkqvk ek/kksyky jRRkk Qwypan ekbvks jRrk vtqZu feJh feJh psrw jkeiky jkeukFk /kUukyky xaxkjke xksjsyky fgjkyky NksVwyky ek/kksjko 'kadjyky HkS:yky Hk¡ojyky Jh ukjku Jhyky]

lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k] lgfj;k] lgfj;k lgfj;k] lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k

x.ks’kiqjk x.ks’kiqjk x.ks’kiqjk x.ks’kiqjk x.ks’kiqjk x.ks’kiqjk x.ks’kiqjk x.ks’kiqjk x.ks’kiqjk x.ks’kiqjk x.ks’kiqjk x.ks’kiqjk x.ks’kiqjk x.ks’kiqjk x.ks’kiqjk tokbZiqjk tokbZiqjk tokbZiqjk tokbZiqjk [kka[kjk [kka[kjk [kka[kjk [kka[kjk] [kka[kjk] vpkjiqjk [ksM+yk] [ksMyk] xksj/kuiqjk xksj/kuiqjk xksj/kuiqjk xksj/kuiqjk xksj/kuiqjk xksj/kuiqjk xksj/kuiqjk xksj/kuiqjk xksj/kuiqjk xksj/kuiqjk xksj/kuiqjk xksj/kuiqjk xksj/kuiqjk xksj/kuiqjk





58

75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112

jkeLo#i ';keyky jktsUnz c`teksgu txnh’k dkMwyky ckcwyky jktw txnh’k ey[kku :ipUn rstdj.k izgykn jkeizrki vk’kkjke jkefd'ku jkefoykl dSyk’k ';keyky Niyh Hkksxhyky dUgS;kyky eFkqjkyky j?kqohj lhrkjke eydsr vkseizdk’k bUnzthr Kkuh uUnyky j?kqohj ca’khyky f’ko’kadj iIiwyky ?ku’;ke t;jke dsnkjk lqjs’k

j?kqUkkFk Jo.k ’kadjyky ckcwyky jruyky jruyky ckcwyky jkeLo:i ?kklhyky ?kklhyky cDlw jkethyky enuyky x.ks’kjke jkeLo:i enu fd’ku xjhck jaxk ihyw ghjkyky X;kjlk eFkqjk eFkqjkyky eFkjk izgykn fdluk fdluk izHkwyky txUukFk txUukFk ijljke dkM+wyky x.ks’k txUukFk dkM+wyky dkywyky

lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k pekj lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k lgfj;k

tsriqjk rykoM+k xhxpk xhxpk xhxpk ihatuh ihatuk] ihatuk] jkeiqfj;k jkeiqfj;k ¼yk[kk[ksM+h½ jkeiqfj;k ¼yk[kk[ksM+k½ Hkaojx<+ ¼iszeuxj½ xkscjpk djojh dyk lksMkuk Mk.Mk nsyksn dkyhekVh ¼eqgky½ dkyhekVh ¼eqgky dkyhekVh ¼eqgky½ dkyhekVh ¼eqgky dkyhekVh ¼eqgky bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk bdysjk dk MkaMk



            29

59

xk ao okj c a/ kq v k etn wj k s a dk fooj.k ¼CykW d &’kkgckn½ Ø- l a- etn wj dk uke firk dk uke tkfr 113 lqeu tXxk lgfj;k 114 fxjkZt ckyfd’ku lgfj;k 115 eksguyky euQwy lgfj;k 116 ckyh euQwy lgfj;k 117 uRFkw cnzhyky lgfj;k 118 /kujkt euQwy lgfj;k 119 ccywyky eaxw lgfj;k 120 dUgS;k jkepUnz lgfj;k 121 dj.k vtqZu lgfj;k 122 jfoUnz ?khL;k lgfj;k 123 ?khL;k eFkqjk lgfj;k 124 jkds’k ca’kh lgfj;k 125 NksVwyky dYyw lgfj;k 126 x.ks’k uoyk lgfj;k 127 eukst Hk¡ojyky lgfj;k 128 y{eh jes’k lgfj;k 129 lksuw uRFkw lgfj;k 130 ftrsUnz ve`ryky lgfj;k 131 eukst ek¡xhyky lgfj;k

xk ao dk uke jktiqj ihiy[ksM+h ihiy[ksM+h ihiy[ksM+h ihiy[ksM+h ihiy[ksM+h f[kfj;k Hkk¡rhiqjk Hkk¡rhiqjk dsyokM+k dsyokM+k dsyokM+k dsyokM+k dsyokM+k dsyokM+k dsyokM+k dsyokM+k dsyokM+k dsyokM+k

eq D r gq ,

xk ao okj c a/ kq v k etn wj k s a dk fooj.k ¼CykW d &NcM +k ½ Ø- l a- etn wj dk uke firk dk uke tkfr 132 j?kqohj Jhyky lgfj;k 133 dtksM xksiky lgfj;k 134 jkeflag jkeyky lgfj;k 135 jk/ks';ke dtksM+ lgfj;k 136 txnh'k eUukyky lgfj;k 137 iIiwyky jkeyky lgfj;k 138 nhun;ky jkexksiky lgfj;k 139 iIiw Nhrjyky lgfj;k 140 dj.kflag jken;ky lgfj;k 141 dUgS;kyky xksiky lgfj;k 142 jkeyky Hkaojyky lgfj;k 143 ctjax yky eFkjk yky lgfj;k 144 dkywyky xksiky lgfj;k 145 jkefd'ku jkeLo:i lgfj;k 146 eqds'k mQZ lqUnj ekaxhyky lgfj;k

xk ao dk uke dksyw[ksM+k vkyeiqjk vkyeiqjk vkyeiqjk vkyeiqjk vkyeiqjk vkyeiqjk vkyeiqjk vkyeiqjk vkyeiqjk vkyeiqjk vkyeiqjk vkyeiqjk vkyeiqjk vkyeiqjk

eq D r gq ,               14

60

xk ao okj c a/ kq v k etn wj k s a dk fooj.k ¼CykW d &vV:½ Ø- l a- etn wj dk uke firk dk uke tkfr 147 fxjkZt fd’kksjhyky lgfj;k 148 jkedj.k ';keyky] lgfj;k 149 cq)hyky x.kiryky lgfj;k

xk ao dk uke vpjok vpjok djtwuk

eq D r gq ,  1

xk ao okj c a/ kq v k etn wj k s a dk fooj.k ¼ CykW d &xq u k] fuo sj h e/;iz n s’ k Ø- l a- etn wj dk uke firk dk uke tkfr xk ao dk uke 150 txnh’k nkSyrjke lgfj;k dapuiqjk ¼xquk½ 151 eqds’k ekaxhyky lgfj;k fuosjh]¼e/;izns’k½

vc rd dq y vko sn u yxk, c a/ kd etn wj

& 151

vc rd eq D r gq , ¼iz e k.k i=½ fey s etn wj

&

eq D r gq ,

44

Source: Prepared by Jagrut Mahila Sangathan and Sankalp.

61

Annexure 6

Table 4: Criminal Cases registered against Jaswinder Singh 'Sabi' No.

1.

Date

15 April 2011

Case Extortion from the contractor of Simaliya toll plaza.

Sections Section 420:

Cheating and dishonesty inducing delivery of property

Section 406:

Punishment for criminal breach of trust

Section 120B: Punishment of criminal conspiracy

2.

3.

22 July 2011

10 September 2011

Section 447: As part of an ongoing land dispute, destruction of ripe Section 427: crops on 20 bighas of land in Khushiyara village, Shahbad tehsil.

Section 504: Section 143: Accosting and beating two youngsters who were on a motorcycle near Parvati Section 341: river, Kishanganj tehsil.

Section 323: Section 452: Section 342:

4.

13 November 2011

Punishment for criminal trespass Mischief causing damage to the amount of fifty rupees Intentional insult with intent to provoke breach of the peace Punishment as member of an unlawful assembly Punishment for wrongful restraint Punishment for voluntarily causing hurt House-trespass after preparation for hurt, assault or wrongful restraint Punishment for wrongful confinement

Section 323: Beating a liquor salesman regarding a liquor contract Section 427: in Samraniya, Shahbad tehsil.

Punishment for voluntarily causing hurt

Section 504:

Intentional insult with intent to provoke breach of the peace

Section 34:

Acts done by several persons in furtherance of common intention

Mischief causing damage to the amount of fifty rupees

Source: Hadoti Media Resource Centre, Kishanganj.

62

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Dogra, Bharat (2006): Sankalp: Shoshit-upekshit Sahariya samuday ke liye ummed ki ek kiran. Social Change papers, New Delhi (self-published).

Dainik Bhaskar (2010) : 'Bees kilo gehu, do sau rupaye masik', 1 November.

Doosra Dashak (2011) : 'Doosra Dashak Program in Rajasthan', Kishanganj, Baran.

Godbole, Girija (2003): 'Free meals make them dependant, so should they go back to eating grass?', Infochange, January (http://infochangeindia.org/agriculture/features/free-meals-make-them-dependent-soshould-they-go-back-to-eating-grass.html) Hadoti Media Resource Centre (2011a) : 'Fact Finding Report', Kishanganj, Baran, December.

---- (2011b): 'Bara Jile ke Sahariya kshetra ke bandhua majduron ki dastaan', Kishanganj.

Rajalakshmi, T.K. (2003): 'Baran’s Call', Frontline, Vol. 20: 9, 26 April–9 May 2003. (http://www.frontline.in/fl2009/stories/20030509003810800.html) Sankalp (2006): 'Sankalp Journey', Baran: Sankalp.

Sivakumar, Sowmya (2010): 'Rajasthan's bonded labour has a tryst with freedom. Women's Feature Service, 11 December.

Srivastava, Ravi (2005): Bonded Labour in India: Its Incidence and Pattern. Geneva: International Labour Office. (http://www.ilo.org/wcmsp5/groups/public/@ed_norm/@declaration/documents/ publication/wcms_081967.pdf ) Suchna Evum Rozgar Ka Adhikar Abhiyan (2011): 'NREGA and Sahariya Development Gyapan to CM', 4 March.

---- (2011): 'Memorandum to CM', 24 February.

---- (2011): 'Bonded Labourers Situation Review Meeting Baran', press release, 23 February.

---- (2011): 'Bonded Labour Situation in Baran – An Overview of Emerging Issues', 22 February.

Times News Network (2010) : 'NREGS agitation takes up bonded labourer's cause'. The Times of India, Jaipur. 28 October.

Yadav, Anumeha (2012): 'Banking on foodgrain.' One World South Asia. New Delhi: Women's Feature Service, 16 February. (http://southasia.oneworld.net/fromthegrassroots/banking-on-foodgrain.html) ---- (2011a) : 'The trickle that turned into a flood', Tehelka, Vol 8: 9, 5 March.

---- (2011b) : '16 Sahariya families break from their shackles. But who will rehabilitate them?', Tehelka. 14 January.

---- (2010) : 'A stone for Bhanwar Lal. Occupation - slave', Tehelka, Vol 7: 50, 18 December.

63

What does their 'democratic' future hold for them?

64