A cry from Uadaigiri

KUIDINA FORUM FOR PEACE AND JUSTICE
AT-NUA SAHI (KUPANAJU), G.UDAYAGIRI, KANDHAMAL, ORISSA, PIN-762100

Letter No. – 1132/2009 Date – 22.10.2009

To

Sj. Justice R.K. Patra,
Chairperson,
Orissa Human Rights Commission,
Bhubaneswar.

Sub:- Prayer for independent enquiry of case No.472/2009 by OHRC, Bhubaneswar.

Sir,

We express our deepest gratitude for patient hearing of the esteemed members of the Bench on dt.22.10.09 in relation to our case No.472/2009 in the office of the OHRC, Bhubaneswar

That, “Kuidina Forum for Peace and Justice” is a local peoples initiative mostly led by the indigenous women of Kandhamal committed to restore peace and justice and also have been sincerely engaged in peace building processes in almost all the past so called communal violences.

On the petition of “Kuidina Forum for Peace and Justice” dt.28.03.2009, the commission had given a direction to the District Administration for the joint enquiry on the negligence and lapses in the investigation in providing life protection and security arrangement in relation to the victims vide the order dt.05.05.2009 in a joint bench of Hon’ble Justice R.K. Patra, Justice Himadri Mohapatra and Dr. R.N. Bahidar and report back within eight weeks.

Even today after 22 months of major violence took place in Dec. 2007 and the 14 months after the incident took place in the month of August 2008, the victims are still living in a fear of insecurity and terror without any adequate livelihood support system and no enquiry has been made so far to give immediate relief and justice to the victims.

In spite of clear direction of OHRC to give protection to Debendra Nayak of Lingagada vide Case No.549, dt.04.08.08 failed, Issac Digal, G.Udayagiri, Co-ordinator of the Forum was brutally attacked on dt.03.09.09. Karpura Digal, Shankarakhole has not received due compensation for her murdered husband. Attempt to rebuild damaged houses in Dadingia and Gressingia was disturbed due to further attacks as reported (communicated to OHRC on dt.07.09.09). Sumabati Pradhan, Dakedi and Bhabanti Nayak, Godabisa approached His excellency Governor of Orissa but did not get adequate security assistance to return back by the admn. And still facing further attacks. Most of the victims in the petition are facing continuous attacks, threatening and humilitation in different forms even for last seven months since the petition submitted to OHRC. District Administration is very busy in taking up many formal peace initiatives sincerely but the said responsibility seems to be an additional burden.

Large number of complaints are yet to be converted into formal FIRs and even in the justice delivery system Criminals are getting acquitted due to the weaknesses in the investigation and prosecution. There is greater need of protection for the complainants and witnesses in the process. So far 95 persons are acquitted and 24 persons convicted.

The real criminals, the third force, who practically led the violence, supplied all the required financial resources, managed the looted property, supplied explosives, arms, weapons, petrol and cooking gas etc. are still in the dark, not arrested and moving freely to create further violence in future under the defence mechanism of different political parties and organizations, with their predominant, sectarian and divisive attitude.

Though the Govt. has declared the closer of all the relief camps withdrawing the CRPF by the end of August 2009 and claims that the situation in Kandhamal is peaceful and normal, the indigenous women leaders allege that the victims are still not in a position to return back to their native villages, construct their damaged houses and avail the due compensation. The victims are leading a miserable life under the impending fear of death and future attacks deprived of proper security arrangement, Govt. relief and staying in their self managed temporary tents and shelters. 40% of the total agricultural activity has been dropped due to the prevailing chaotic situation and social unrest.

Non-transparent and non-inclusive peace building and rehabilitation process has made the situation more complicated and critical as many agencies and organizations not much familiar with the local egalitarian culture, long standing, symbiotic relationship, traditional non-hostile animistic faith and most importantly the entitlements and the protective constructional provisions and the related rules of all the indigenous forest dwelling communities have started intervening in the process. Resource seems to be mismanaged and underutilized.

The Forum pray your kind self for an appropriate intervention, particularly conduct the enquiry independently through OHRC and advice the concerned authority for an inclusive people based process and due recognition of the voice of the local community leaders without giving further scope to the divisive elements as life of the poorest of the poor is equally important and also requested for displacement of all the officials with sectarian and biased mindset for the greater public interest.


Sd/- Sd/-
(Keshamati Pradhan) (Hemant Naik)
Co-convener Convener
Contact Phone- 9437645267


Dear friends,

Kindly find in attachment the Petition submitted to Orissa Human Rights Commission for intervention in the Peace and Justice restoration process.

Kindly take the necessary action in this regard to strengthen the process collectively.

Yours in solidarity,

Hemant Naik,
Keshamati Pradhan,
Sumabati Pradhan,
Issac Digal,
Debendra Nayak.

Tribal girls used to breed infants for adoption, and in India's national Capital New Delhi

Maid to suffer in absence of law3 Sep 2007 NEW DELHI: The TV expose of a baby-selling racket run by a placement agency in northwest Delhi has once again revealed the vulnerability of young women who come to Delhi in search of their livelihood as domestic maids and end up being exploited. The agency was getting women from Jharkhand and West Bengal — many of them minors — and forcing them to conceive, thereafter selling the babies to childless couples. There are efforts in various quarters to give these women some semblance of rights to prevent such incidents from happening but social activists and women's organisations feel that in the absence of set guidelines for dealing with such crimes, the efforts often go waste. The National Commission for Women has finally woken up to the problem and claims to be drafting a set of recommendations for the purpose. ''Next week we will be presenting our recommendations for a special law for domestic workers in Delhi,'' said NCW law officer Yogesh Mehta. The law would take its own time in coming and till then the sheer bizarreness of such crimes may leave the enforcement agencies at a disadvantage. The placement agency owners have been charged with kidnapping, unlawful restraining and rape. Calling the incident an instance of the worst kind of exploitation, Christian Human Rights activist Dr. John Dayal, said: ''This is as bizarre as 'puppy farming'. Young girls being made to breed human beings for sale is a horrific thought. Where does one draw the line?'' Most of these girls are young and uneducated. They are at complete mercy of the placement agents who get them to the city from their villages or ''take charge'' right from the time these women get down from trains only to find agents waiting at the station to pounce on them. In search of a living to get away from the poverty, the girls get caught in the net and with constant fear of being further victimised if they talk about their travails, theirs become cursed existences. Dayal stresses, ''Domestic workers should be included under the unorganised labour Act. Apart from just 'verification', police should also take responsibility for the safety of people who come to work as domestic helps and the government should form a body that pays regular visits to the placement agencies and compiles a database on women who are being placed as domestic helps.''
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