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March 04 Cover A Publication of the Asian Human Rights Commission and HumanHuman Asian Legal Resource Centre RightsRights July 2004 Vol.14 No.4 SOLIDARITy Life at Rubbish Dump after Bellilious Park Eviction PHILIPPINES:PHILIPPINES: ArroyoArroyo DeservesDeserves BlameBlame onon ChildChild DetentionDetention HONGHONG KONG:KONG: MarchMarch forfor DemocracyDemocracy SRISRI LANKA:LANKA: AA Victim'sVictim's AccountAccount inin VideoVideo PAKISTAN:PAKISTAN: ScrappingScrapping HudoodHudood LawsLaws ALSO:ALSO: LetterLetter toto SriSri LankanLankan PolicePolice Leader,Leader, RightsRights ofof 'Terror''Terror' DetaineesDetainees andand More!More! SOLIDARITY CONTENTS India The Great Indian Vanishing Act Page 3 Life at Rubbish Dump Page 8 The Sramajibi Hospital Page 13 Philippines Arroyo Deserves Blame for Violating Children Prisoners' Rights Page 15 A girl scavenger at the Belgachhia dump where more Bangladesh than 1,000 Dalits have made A Gravy Train and Shackled Kids Page 19 home after being forcibly Hong Kong evicted from their houses at Hong Kong Marches for Democracy Page 20 Bellilious Park in Howrah City Sri Lanka in India's West Bengal (Photo: Dear Police Commission Chairman, Protect Torture Victims or Quit Page 22 AHRC) Top Court Orders Biggest Compensation to Torture Victim's Family Page 23 Woman Harassed by Police Recounts Fiancè's Death Page 24 Rights of Detainees AHRC & ALRC Upholding Rights of 'Terror' Detainees Page 27 on the net Pakistan Scrapping Sources of Oppression Page 29 ASIAN HUMAN RIGHTS COMMISSION www.ahrchk.net ASIAN LEGAL RESOURCE CENTRE Human Rights SOLIDARITY is the newsletter of the Asian Human Rights Commission (AHRC) www.alrc.net and Asian Legal Resource Centre (ALRC). HUMAN RIGHTS CORRESPONDENCE SCHOOL AHRC and ALRC are independent non-governmental bodies which seek to promote greater awareness www.hrschool.org and the realisation of human rights in the Asian region and to mobilise Asian and international NO TORTURE public opinion to obtain relief and redress for the victims of human rights violations. AHRC and http://notorture.ahrchk.net/index.php ALRC focus on pressing human rights concerns within the Asian region with repect to issues of civil, THE PERMANENT PEOPLE'S TRIBUNAL political, cultural, social and economic rights and the right to development. ON THE RIGHT TO FOOD AND THE RULE OF LAW IN ASIA Editorial Board http://www.foodjustice.net • Basil FERNANDO • Bruce VAN VOORHIS • Sanjeewa LIYANAGE • Grace CHOY CYBERSPACE GRAVEYARD FOR • Nick CHEESMAN • WONG Kai-shing • Ali SALEEM • Philip SETUNGA • KIM Soo A DISAPPEARED PERSONS www.disappearances.org Human Rights SOLIDARITY is published by the Asian Human Rights Commission. MASSACRES IN ASIA 19/F Go-Up Commercial Building, 998 Canton Road, Mongkok, Kowloon, Hong Kong http://massacres.ahrchk.net • Tel: +(852) 2698-6339 • Fax: +(852) 2698-6367 • Internet: www.ahrchk.net • E-mail: [email protected] Annual Subscription Fees for 12 Issues • Hong Kong HK$250 • Asian countries US$35 • Outside Asia US$50 To subscribe, send your name and mailing address with a bank draft payable to the Print on “Asian Legal Resource Centre Limited”. recycled paper 2 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 INDIA The Great Indian Vanishing Act Thousands of Dalits Forcibly Evicted from Their Homes Bijo Francis A woman points to the debris of Bellilious Park, the former home of thousands of Dalits. (Photo: MASUM) (Thousands of families from the Dalit and lower examine the reasons and issues behind the eing the "untouchables", the caste communities in India's West Bengal have forced eviction. We look at the homeless B lowest of India's caste system, the been forcibly evicted from their homes by the victims' livelihood in the next article. A ousted residents of Bellilious Park and authorities without any compensation or medical project that helps the poor will be their sufferings are being ignored by resettlement. Among these victims are the 7,000 explored in the third story. article 2, a sister the West Bengal state government and Dalits uprooted from Bellilious Park in Howrah publication of Human Rights the local Howrah administration. More City on February 2 last year. Many of them since SOLIDARITY, will run a special edition in than 17 months after they were evicted then have been living in street shelters or the its August issue to discuss in more detail the from their houses at 129 Bellilious Belgachhia rubbish dump, a few kilometres away legal aspects of the case and the complicity of Road by the authorities, the victims from their original quarters. Human Rights all parts of government and local have yet to receive any form of redress SOLIDARITY visited some of the families administration in this massive violation of for the damage done to them and their recently. In the following special report, we fundamental rights.) rights being violated despite the high Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 3 INDIA redevelopment value of the land. Their fanatic religious belief. living conditions, which were not favourable at Bellilious Park, are now Proofs of Legal Occupancy even worse. Many of them live at a city dumpsite, suffering from poverty, In 1987, an environmental group malnutrition and other diseases from Howrah Ganatantrik Nagarik Samiti contaminated water and the filthy and filed a petition before the Calcutta unhygienic environment. High Court to demand Bellilious Park be cleaned up as the pollution problem "We live amidst pigs and dogs," said there grew. The court asked the Rajindar Balmiki, one of the victims. municipality 15 years later whether the "Our women give birth to our next people staying on the land were legal generation here. Mosquitoes literally occupants. The Howrah drink our blood like vampires." administration told the court that the people there were all encroachers. The Their plight is rooted in the caste court then gave an interim order in system, as this structure of hereditary Bhola Hela displays his Howrah September 2002, saying the illegal municipal employee's card, which shows classes of Hindu society allows those on encroachers should not be allowed to his address at Bellilious Park: '129 top to treat the Dalits like dirt. "The Bellilious Road'. (Photo: AHRC) stay. But that order did not mention dwellings of fierce untouchables and an eviction, according to Kirity Roy of dog cookers should be outside the municipality had sponsored their Manabadhikar Suraksha Mancha village, they must use discarded bowls, settlement in the past decades with the (MASUM), a Calcutta-based human and dogs and donkeys should be their construction of three buildings to rights organisation. wealth," reads the Manusmrithy, which house those Dalits who worked as governs the religious practices of the scavengers for the city. Human rights The fundamental human rights of the Hindus and their caste system. activists and the ousted residents said residents were blatantly violated, as the eviction was linked to the vested they were not given the right to be Caste hierarchy is one of the sources interests of some upper caste families heard before the court. No written for the worst forms of inhuman living nearby and the property notice of removal was made. "But here treatment faced by millions of Indians. developer. Bellilious Park, which was no written notice, (there was) just a It makes available a group of so-called outside the city limit in the 19th public announcement by the police "untouchables" to work for menial and century, is in the heart of Howrah, with a loudspeaker on a rickshaw, often no pay jobs by virtue of their raising the market value of the site. stating that the people had to leave birth. It is a form of exploitation and Howrah is situated on the west bank before February 2," Roy said. Under discrimination. of river Ganges, opposite Calcutta. Indian civil law, a notice of eviction has to be served at least one month in When the authorities evicted the 7,000 "We were staying at this place since the advance, allowing residents to dispute Dalits from Bellilious Park on February time of our forefathers. But now we the matter before a court. 2 last year, they cited the official reason have been thrown out without even of beautifying and developing the area being offered an explanation," said Complicating the situation, some into a park within Howrah City. The Rambali Rabidas, a scavenger working union leaders came and told the local administration also claimed that for the Howrah Municipal residents in Bellilious Park that nobody the occupation of the land was illegal Corporation. would be evicted and they would and the occupants had to be removed. handle the problem for them. Some No fair hearing was given to the The upper caste Hindus were said to residents, nevertheless, with the help residents before the eviction. believe that the presence of the of a lawyer, filed two petitions to the "untouchables" in the vicinity of their court on January 30 last year, asking The settlement of the Dalits in the residence would pollute them and for the right to be heard and the area, in fact, dated back before eventually deny their reserved place in interim court order be revoked. But the independence of India. The heaven, a conviction associated to their their petitions were denied. "In this 4 Human Rights SOLIDARITY Vol. 14 No. 4 July 2004 INDIA case, not only the civil administration and police have defied the principles of the Constitution of India and the rule of law, but the upper judiciary also has been complicit in denying relief to these people," Roy said. Contrary to the claims by the administration that those evicted had occupied the land illegally, the expelled dwellers were, in fact, predominantly employees of the Howrah Municipal Corporation and held identity cards and other evidences proving their legal occupancy at Bellilious Park. They had employees' cooperative cards, voter cards, ration cards and other documents such as of Temporary houses of many evicted victims are made of poles covered with plastic power connection, which all registered sheets.
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