Home  

Our Areas of Work
Right to Information (RTI)
Right to Food
Women's Rights
Witch Hunting
Police Reforms
Legal Aid
 
About Us:
About LFR
Objectives & Modus Operandi
Team Members
 
 
 
Previous Posts:
 
Archive:
 
 
PIL at Guwahati High Court for Adivasis
 
The Background:
More than 11 years have elapsed since 1996 when the ethnic conflict between the Bodos and Adivasi in Kokrajhar and Chirang district of Bodoland Territorial Council, Assam forced hundreds of Adivasi families to be uprooted from their homes.

They are still languishing in the displaced camps in most un-imaginable living conditions. And now they are being tried to be uprooted from these camps even!

Status of Government Rehabilitation:
Successive state authorities have failed to rehabilitate the victims properly.

Presently, what the state machinery is offering them in the name of rehabilitation package is a sum of Rs 10,000.00 and once the victims receives this payment; they are forced out from the camps.

Now, even if these displaced victims wishes to accept what is being granted by the state machinery (i.e. the sum of Rs 10,000.00), they can not receive it as for receiving it he/she needs to produce the residency documents. How can a person who had to run for lives could ever carry such documents when they were uprooted in during the ethnic violence?

If this criteria of granting rehabilitation package is the only basis then this family victims would be in the camps for years together as they will not be able to produce these certificates.

How is the living conditions in the relief camps?
Presently the inmates of the camps are given 10 kgs of ration per month for a family. No Public Distribution System or Anganwadi centers exists nearby.

According to Public Distribution system of Govt. of India every poor household should get monthly ration of 35 kgs. But non-existence of PDS centers have deprived these people from their legitimate rights.

According to Indian Supreme Court Interim orders every habitation should have ICDS centers . Such orders by the highest court of the country have not been complied by the state even in this worst and deprived condition of human lives in the displaced camps.

Apart from these neglect and deprivations there is no proper health and educational facilities. The rate of school drop out is increasing everyday. There is a report of child trafficking where even the newly borne child once has been brought back only to be kept near the camps.

Diseases right from malaria is all rampant as surveyed by MSF (Medicine Sans Frontiers an international NGO).

The inmates of the displaced camps are ready to work any petty jobs in order to survive themselves. As a result of such labor availability the local residents are engaging them even to the extent of exploiting the minimum wages.

Worst is being evicted from hell even!
Worst of the worst despite not being rehabilitated in other areas the inmates of the camps are being regularly notified for eviction as they are considered encroachers of the forest zone by the officials of the forest department of the state. In number of occasion they are forced to eviction drive but as a result of no alternative land of their own nor allotted land by the government they continue to stayed back in the camps.

The questions before us:
The moot point is where they would go from the camps? Is the government ready to bear the cost in rehabilitating them by providing them one time economic package instead of spending meager amount in every single year. Every year expenditures will not help them to improve their living conditions. For us, to give them special economic benefits in one go or installment basis would help them in many ways - may be to purchase land elsewhere.

The plight of them:
As a result of deep rooted poverty and all pervasive illiteracy among the community, they cannot think of their constitutional rights as to be enjoyed by every citizens of the country. Nor they could perceive such rights and entitlement. Every single day is a absolute struggle for them. Even though they know when there are in struggle they could beg something from the government authorities but they are not empowered to protest their due entitlement. They have no money to bear the travel cost that they need to approach the state functionaries again and again in order to convince the officials and authorities. We have not heard even the community leaders of the area of being vocal about their well being.

That is why this PIL
Knowing their deprived of constitutional rights of the country the ant and Lawyers For Rights have taken initiative to file PIL in the Guwahati High Court for their relief and rehabilitation so that it creates ripples to the government for early solution along with other social and political pressure. We are hoping good orders from this first Public litigation by Lawyers for Rights. The hearing is likely to come up by the 18th of this month. It is one of the major initiative of Lawyers for Rights soon after its formation.

For your any further query, we would be happy to answer. You can contact us at emaillfr@gmail.com. We would also be happy if you post your comments on this topic below.
posted by Lawyers For Rights on Sunday, December 9, 2007 @ 11:56 PM   5 comments
Our View on Rural Employment Guarantee Act
 

Our View on Rural Employment Guarantee Act

Two years have elapsed since National Rural Employment Guarantee Act, 2005 came into force in the country. With its budgetary capacity at the initial period, it has targeted the poorest of the district in the country for implement its rural guarantee schemes. Out of the 200 districts in the country selected for the first year of its implementation, seven districts have been selected from the state of Assam. These are Dhemaji, Goal Para, Lakhimpur, Karbi Anglong, North Cachar, Bongaigaon and Kokrajhar district. Presently another six district is being covered in the state. Very soon the union government will decide to extend in all the district of the country.

The main features of the Act is that the Program Officer i.e. the BDO in Assam state has to ensures 100 days of work in a year whoever applies for job, within 15 days of application after its registration. If not given job with thin 15 days of application the state has to provide unemployment allowance. This is a guarantee period under the Act. Procedurally to entitle 100 days of work a person name should be registered, issued job card by the block authorities and seek work through application at the Panchayat office or at the BDO office. Any person whoever volunteer to work could apply for the Job card.

However not a single procedures of this employment law has taken place. Surprisingly, we have been informed in the recent Right to Information and Right to Food workshop in one of the village of Kokrajhar that not a single job card has been issued to the people including to all these participants. The people have reported the job cards are kept at the office almirah of the village council. These are complete violation of the law. When the people in power are violators of law how could we expect the common man to follow the law of the land.

I think these are the things where people do not understand and finds even issueless while not doing their duties. We should realize some of the militancy problem here is due to such poor governance where people are not getting their own entitle welfare schemes. When the people could do whatever they feel like doing like looting away public money, then the other side of the people who observes them finds no hope in the development. These itself is the beginning of the lawless society. These are the issues where it allows the common man mind set into tense and stress, where no body thinks of common good of the people. Consequently these could lead the society worst of the worst. As many feel whether government exist or not it doesn’t matter, even without the government the people could survive. Its never too late it is important to take steps by the government to reach the welfare measures right to the people. This is the only way to make them feel good factor among the people. Unless the government make people feels the importance of the government services, the situation of these region will not change. Only development and the showed of opportunities for the people can change the people mindset into progressive and agreeable at the right direction.

The Employment Law if implemented properly could bring rapid change in the village. Lot of money through wages and infrastructural facilities could be invested under the law. So it is the responsibility of the government to ensure the development through well intention perspective plan.

For your any further query, we would be happy to answer. You can contact us at emaillfr@gmail.com. We would also be happy if you post your comments on this topic below.
posted by Lawyers For Rights on Saturday, December 1, 2007 @ 5:49 PM   4 comments
About this blog:

How did this blog came into being?  Read about its genesis..

You are invited:
It is a collaborative effort and we wish you participate by contributing....  Read more!

 
Visitors online now:
 
Total Blog Hits: