Silence that is Disposable

This article was published in the COMBAT LAW . A bimonthly, Combat Law brings together diverse voices united against all forms of discrimination and exploitation in order to engage in an active, meaningful discussion and foster a climate for legal activism in pursuit of crafting a more tolerant, just, democratic and equitable world. 

Link: http://www.combatlaw.org/?p=531

The State follows a policy which silences even murmurs of protest by the tribal people, who have become sacrificial lambs — displaced from their traditional land and resources to facilitate rapid industrialisation, reports Karuna Dayal, member of the HRLN fact-finding team that investigated genesis of popular resistance in Jharkhand.

Simply put, those who are disposable are the ones who have fallen prey to the spiral of silence, they no longer have a voice — which is what adivasis in Jharkhand have surrendered to become. Jharkhand, Orissa, Chhattisgarh, Madhya Pradesh, Andhra Pradesh, Bihar, Maharashtra and West Bengal are ‘important’ Indian states, for they house over 80 percent of India’s mineral resources such as iron, coal, bauxite and manganese, among others. The future industrial and economic growth of the country depends upon ‘peace’ in these regions. Naxalism in these belts thus, is looked upon by the government as an impediment to future growth of the country. Jharkhand, which is considered a land of paradox, is incredibly rich in natural resources — boasting of about 40 percent of India’s mineral wealth, the highest concentration in the country. On the other hand, the state is home to some of the world’s most destitute, dispossessed people, particularly Jharkhand’s indigenous population. Given the current state of affairs, ‘Operation Green Hunt’ continues to devastate thousands of lives with no hope of securing their rights.

The strategy

Operation Green Hunt is the name used by the Indian media to describe the Government of India’s ongoing paramilitary offensive against the Naxalite rebels. The Operation began in November 2009 in five states of the “Red Corridor”. The term is supposed to have been first coined by the Chhattisgarh police officials to describe the Operation as one of the most successful drives against the CPI (Maoist). The media till date uses the term erroneously to express the anti-Naxalite offensive. The beginning of November 2009 saw the first phase of the Operation originating in Gadchiroli district. As many as 18 companies of the central paramilitary forces were moved into the area in anticipation of the Operation.

“We will have to launch the joint offensive against the Maoists. My government is of the view that providing security and maintaining law and order is the duty of the government. We condemn the Maoist violence in any form,” the then Jharkhand Chief Minister Shibu Soren said in the state assembly on March 8, 2010. It was not clear earlier if Jharkhand would participate in the Operation, but Soren made it clear that Jharkhand too would launch the Operation. At present it is clearly visible that the verdict has been seriously applied in the state.

The implications

Sample this — Balki’s father-in-law Mane Marandi was shot dead. She had gone to the market during daytime when she heard gunshots. The victim had been sleeping outside his house taking an afternoon nap when the incident took place. Balki did not return to the house that night because she was afraid. The next morning she found him lying dead with gunshots on his body. No police inquiry was conducted. Moreover, the family has not received any compensation till date.

This is an example of civilians being fatally caught in the crossfire between the paramilitary forces and the Maoists. The state ensures that no police or medical inquiry is conducted so that the cause of death remains unascertained and the liability for compensation to families is left hanging mid-air. The state does not even maintain a record of those hurt, injured or killed in direct combat between the security forces and the Maoists.

Mausam Manjhi had been victimised by the police and had been implicated in a false case. The incident took place during February 2001. One morning he had gone to the fields to graze 24 goats. The police met him and asked him about his sons, and then asked him to leave. After that they called him back and took him to the police station. The police accused him of being an informer of the Maoists and subjected him to immense torture. He was made to lie on an ice slab and brutally beaten while in police custody. Not only was he not produced before the magistrate within 24 hours, but was taken to court only after eight days of this harassment. He was scared of the police and could not tell the magistrate of the brutalities of the police. He was imprisoned for 11 months but has been finally acquitted.

In another incident, a middle school in Khukhra village of Giridih district stopped functioning after it was occupied by the CRPF for camping. This angered the  Maoists, and led them to blow up the camp about a year ago.

Jharkhand’s vast natural wealth has prompted various national and multinational corporations to sign Memorandums of Understanding (MoUs) with the state government to extract the state’s resources for profit. A total of 105 MOUs have been signed between corporations and the government of Jharkhand, out of which 55 have been signed for acquiring land in the Saraikela, East Singhbhum and West Singhbhum districts. The villages of these three districts are on the forefront in the fight against resource-grab and displacement.

In Potka block, MOUs have been signed with Bhushan Steel for the acquiring of about 5,000 acres of land which would result in the displacement of 36 villages of the block. By the year 2000 an estimated six lakh people had been displaced in Jharkhand. As per the current status of MOUs the government expects that there would be a further displacement of about fifty five lakh persons. This figure does not reflect any kind of forced or voluntary displacement. Jindal Steel, a major private player in the steel industry, is also in the process of acquiring a large area of land around the Jadugoda mines. On March 22, 2010, surveyors and officials from Jindal Steel had come to the village. The villagers had gathered to protest, since Jindal Steel had initiated the entire process on their own without even approaching the Gram Sabha which is mandatory. In another case, the police, along with Bhushan Steel, had marked out 11 villages (Samorsai, Judi, Roladih, Bada Bhumri, Potka, Khaduasai, Hesgud, Poda Gumrih, Langamatiah and others). The surveyor from Bhushan Steel came to take measurements on September 8, 2009, while the villagers protested against the same, since they had come to the village without prior permission from the Gram Sabha. The villagers tied up a surveyor and took him round the village and then took him to the police station. Eventually, FIRs were lodged against 18 people of whom four persons were booked under Section 307 IPC for attempt to murder. Bhushan Steel is in the process of acquiring 4,000 acres of land, the villagers claim that the entire land is not government land, and is instead ‘gochhar zameen’ (grazing land) which belongs to the local community as a whole. The government has a new plot they say: it acquires land in the name of smaller companies which then resell the land to bigger companies and never come in the picture for follow-ups. Singhbhum is rich in sponge iron. If displacement does take place, it would greatly imperil food security. The past bears evidence to the fact that no rehabilitation has ever been provided to the displaced. Adivasi people whose land was acquired have not been compensated till date.

Will sanity return?

Perhaps, several incidents are haunting the land of Jharkhand each day. The government’s tactic of arresting and torturing local activists is an efficient way of crushing the movement against land grabs. It removes the most committed, energetic voices of the struggle, and it frightens others from becoming involved.

The condition of those who are residing in their villages is highly precarious and vulnerable. Given the fact that the government has not complied with the Supreme Court order on rehabilitation of displaced families (families which were displaced in the earlier phase of Salwa Judum violence), the new phase of violence by the security forces has added to the crisis in these remote and inaccessible villages. Instead of rehabilitating displaced and tortured people, the government, in the name of combating Maoism, is bent upon unleashing its lethal paramilitary forces and evicting people from their villages. The government and industrial collaborations in bribery, threats, violence, defamation, arrests, and torture demonstrate how far they will go to advance the state of ‘abjure violence’ in the region. It is essential to instantaneously end this policy of eviction and terror and enable people to live safely in their villages.

In search of identity.....

This blog is about Dini also known as Daisy, (human traffickers normally change the names of the victims as well as the identity which exists close to nothing), a 15 year old girl from Jharkhand who was trafficked to New Delhi for Domestic work by a Placement Agency on a false promise of working at a missionary institution. 

Incidents of this human trafficking case have been minutely described to share the process of interviews with the trafficked victim, traffickers, rescue planning, coordination and challenges faced while working with the police. 

DAY 1:

The team of rescuers after a bit of research with Dini's fathers help established contacts with Dini's employer. The house where Dini was working as a domestic worker was in Miya Wali Nagar, PaschimVihar, Delhi. 

On asking Mr. B, (Dini's employer) it was realised that she had run away from the house on 17 th of May. The owner claimed to have reported the girl missing to the closest police the day she ran away.

DAY 2:

The rescue team approached a Punjabi Bagh police station, informing them about the Placement agency.

The police staff was initially very apprehensive in sending a constable with the team to the placement agency for the mere reason that there was absolutely no complaint filed with the police in the matter of this case. They were constantly questioning as to how fist there could be a situation where the police hasn’t filed an FIR. They seemed to be quite amazed at the bizarre prospects of a police station not lodging an FIR. They seemed to believe that this case was the “head ache” of the Ranchi Police and that they had no authority to deal with the case. But after a lot of persuasion, they finally agreed to send a constable along and by default sent the head constable along.

On reaching the area, the first impression one gets wouldn’t in any ones wildest dreams suggest that there could have been such an agency being run there. In a crowded street, above a sweet shop after climbing a narrow stairway, we reached the Placement Agency. On entering the room we met Misha the Placement Agency owner. After a short round of questioning the Misha about Dini all the people inside the room were called out.

About 4/5 minor girls walked out from behind the curtains and were asked their names as well as that of their fathers. A lot of the girls were afraid to respond but eventually answered. It was revealed that all the girls were from Jharkhand. There was a boy there who claimed to be the brother of one of the girls but again when questioned was trying to divert it by saying that his sister had already mentioned all the details.The owner as well as the girls claimed that the girls were all going back to the village. But there isn’t any confirmation of that fact.

Since the team was more concerned with rescuing Mr. P's daughter, Dini, they got back t questioning Misha about her. She produced forms in which all the information about he girl was written. It included her name, age, current address and other such information. From the face of it, the agency seemed to be very well organised.

Following the information given in the form, we went to the mentioned address which was a house in Janak Puri, Delhi. Once there the lady, more worried about the consequence she will face, didn’t want to hand over the child or so much so as let us in till it was assured to her that it will be given to her in written that the girl has been handed over and that she was to face no trouble related to this case. She immediately brought out the form in which it read that the girl was 18 yrs of age. Once she realised that it wasn’t her who we wanted to deal with, we were allowed to enter the house and a girl was brought out.

Once the formalities of the written statements and handing over were completed, the girl and the father were both taken back to a safe place.

 DAY 3:

Flashback: 

We visited a Church, where Mr. P and his daughter Dini were residing. We first spoke to Dini as her father was not present at that very moment. The girl was asked few questions to get a clearer picture as to why was to that she actually ran away. She claimed that her friend, Loveleen’s bhabi, Salomi was the one who had informed Misha (the agency owner/human trafficker) about the girls and was told that the two- Dini and Loveleen want to go to Delhi to work. It was Misha who had come to take the girls to Delhi and stayed with the girls at her sister’s house. They reached Delhi on the 12^th and by the 13^th Dini, from here on was referred to as Daisy, was placed in a house in Miya Wali, Paschim Vihar.

She worked there till the 17^th after which she escaped. Her schedule there required her to wake up by 5 am and work till 9 pm. She did mention that she was scolded at times. On the 17^th she escaped and walked back to Punjabi Bagh on her own. She didn’t once stop for directions, and had observed the way when she was taken to work and knew it to the T.

Once she reached the Agency she told “Nandu”, Misha’s husband and the co-owner of the agency, that she wanted to go back home but instead he sent her to work in Janak Puri.

Dini's decision to come to Delhi was fueled mainly because she was persuaded by both Misha and Salomi. 

Dini is well versed in English and writes the language beautifully, she was a studying the the 10th grade when trafficked, She is very fond of writing and reading and wants to study further. She is now back in Jharkhand and is happily continuing with her education.

It has to be noted that in this kind of a service sector (placement agencies) there is an immense scope for Human trafficking to thrive. Many of these young girls end up working in forced labour situations where they work without wages and sometimes are also subjected to physical and sexual harassment. Till now, there is no Central Legislation governing the regulation of domestic placement agencies which protects these domestic workers.

Picture Courtesy: Facebook: Anonymous ART of Revolution's photo

You're a Thief ! - Part Two

This is an account of spending another day at the Observation Home for girls with Reshma. She herself starts telling me that she is very adamant about a lot of things. Like not wanting to go back home until her parents accept to come to visit her at the next hearing. She is happy and quite excited while she tells me about her experiences at home with her closed ones such as her mother and father. Her mother seems to be ignorant and quiet, as Reshma’s attitude with her mother at home describes. Her father seems to put pressure on her for not going out with her brother who asks her to steal things.

I further asked her about her activities at home which mainly focused on her daily routine. She tells me that she could go anywhere without any apprehensions at home. I asked her about her likes and dislikes. So, she happily tells me that she once saw a dream that she’s at a place where it is snowing heavily and is really cold but beautiful! She told her father the next day about it and he tells her that soon he’ll take her there. This happened when she was very young, maybe, 4-5 years old. But she doesn’t tell me where she went exactly. She visited Bulandshar with her brother Riyaz when she was quite young. When asked about how did he travel without having any money in hand. She says that he borrows money from friends for all his travels. While all this happened with her, she says that her mother has been unaware of her brother taking her along with him to various places.

She also shares about not getting a hair shampoo from the authorities to wash her hair and requests if I would be able to get one for her the next time I come to see her. I did not promise her instead told her that I’ll try, as counsellors were not supposed to give gifts or food to children in the observation home.

While leaving, I gave her an exercise to remember – it was to memorize the weekdays by writing them on a piece of paper. I did this intentionally because she kept telling me that she doesn’t feel like studying. But she readily agreed to learn the lesson and talk about it the next time I visited her. She asked me if she’ll get to go home soon and if she doesn’t.... she doesn’t care about what would happen! I asked her to again try and think about staying at the home or a hostel (to involve her positively) and she could inculcate some creative hobbies for sometime, just in case her parents do not accept her.

As I bid her goodbye she asked me if I could visit her more often.....I smiled back at her and gave her a hug.

Photo Courtesy: 'Vivid' by vmbui

You're a Thief ! - Part One

Back in the summer of 2009, I was appointed as a Counsellor by the Juvenile Justice Board on the request of a prominent child rights Advocate and an ex-colleague now, to rebound the lives of 4 very young girls held for petty offences under the Juvenile Justice (Care and Protection) Act 2000. After meeting the officials at a Government Observation Home where the four girls were staying, I submitted my first observation report to the Principal Magistrate regarding all my observations during the visit.As a result of this, I was appointed as the Counsellor for all Children in Conflict with Law at the Observation Home for Girls through a new order passed by the Principal Magistrate.

As a fresher in this satisfying yet very challenging job of counselling these children I was not aware of the new awakening. I had to feel a connection with the young girl before things were to change. I was told by my colleague rather well to take care of what emotions I see coming from young Reshma (name changed). She was very intelligent, beautiful, mysterious, bold and to my amazement done it all at the age of 13. 

One of the youngest girls amongst the responsibility of the other 4. Reshma was residing at the OHG (Observation Home for Girls). Her antecedent in delinquency dated back to the occasion a couple of months back when her elder brother took her along with another cousin to show his in-laws house, but mid-way decided to change the plan and instead took them along to attend a wedding of some stranger.

Reshma was completely oblivious to the change of plan. She was, however, explained in advance about getting a bag from inside a room where the marriage ceremony was taking place. She was asked by her brother and cousin to act as if she was one of the family members from the bride’s side. She, then, at an appropriate time was asked to take the luggage carrying the valuables along with her and leave the place immediately. Her brother and cousin then took away some of the valuables from the bag after breaking the lock. Some of the cash and jewellery was given to Reshma to be kept at their home in a safe place.

Thereafter, as the incident unfolded itself the police was informed by the robbed family about the theft and the pictures of Reshma were matched and recognized from the wedding day by some complainants. She was

then apprehended, whereupon she told the police that she was directed by her brother to commit the whole act. Surprising me with each of her expressions and conversation skills, Reshma came across as a very quiet and introvert girl but I knew her personality would soon change with time. And she would definitely be different the next time I visit her........

Picture Courtesy: Maggie Cipriano, Madhu Gopalan

The NGO Diary: Miracles Happen!

When you wish for something it most likely comes true - in forms small or big. You can be assured that there is a real connect with that one person out there. I had only wished to work with my present organisation while working at 'the Titanic' (My previous organisation - that's what I call it now). No matter how bad the experiences might have been, I still appreciate the Titanic for the opportunities given!

Talking about Miracles - I experience many as I live each day. Miracles just happen without giving a hint.At the verge of calling it quits since the day I joined, this feeling had overpowered a belief of taking experiences that were only good not bad. Well, as a matter of fact, there was nothing bad!

 The Titanic has people joining in as soon as they leave and it goes on and on and on..... I was ridiculed to my gut during an encounter I had with a senior at work on the first day. While it is normal to be welcomed in a new organization with a great hint of positivity and motivation. You want to be the least surprised with first day shocks. Now that I recall all the instances it only gives me a good loud burst of laughter and great memories of experiences taken. 

I say 'miracles happen' - my resignation at the Titanic was a miracle in itself that brought me out of that sinking feeling. The next moment my fellowship application at a U.S. top notch organisation had hit the block. Next miracle - I did fairly well in the selection rounds came into the Finalist category. 

And it continues.....

There is so much happening around us that we forget counting those MIRACLES. The smallest one that ever happened is sure to turn into a big one someday!

The NGO Diary: Children of the rainbow.....

The NGO Diary: Health Care and Victims of Human Trafficking

Health Care and Victims of Human Trafficking


I recently came across a petition asking people if they recognized a victim of trafficking? To that I would say, NO, we cannot recognize a victim of trafficking so easily unless and until there are circumstances which seem geographically, psychologically and emotionally disagreeable to a common individual.
But all too often, most human trafficking victims pass through the health care system unnoticed and unaided. Many medical professionals haven’t been trained to recognize the signs and symptoms of human trafficking and abuse. Ideally, doctors and nurses should know to be wary of controlling companions (traffickers, abductors/suitors) — and suspicious when patients do not speak for themselves or do not have control over their own identification documents. Other signs include marks of physical abuse, fearfulness, depression, and extreme submission.
In India, human trafficking victims – for example troubled young girls working as domestic workers, labourers, nannies would be seen going to local gynecologists on their own or forcibly taken by the controllers to get an abortion done. At this point of time, the doctor or the health practitioner is somewhat doubtful but not in full confidence of handling the situation well. Many a times there have been girls who were trafficked for work to a metropolitan city and they had to return back to their village/hometown to give birth. In this process, they get socially excluded, harassed and doubly vulnerable again to more such instances.
I want to draw your attention to the some “Visible Indicators of Trafficking in Person” given by the website – www.humantrafficking.org

Visible Indicators May Include:
* Heavy security at the commercial establishment including barred windows, locked doors, isolated location, electronic surveillance. Women are never seen leaving the premises unless escorted.
* Victims live at the same premises as the brothel or work site or are driven between quarters and “work” by a guard. For labor trafficking, victims are often prohibited from leaving the work site, which may look like a guarded compound from the outside.
* Victims are kept under surveillance when taken to a doctor, hospital or clinic for treatment; trafficker may act as a translator.
* High foot traffic especially for brothels where there may be trafficked women indicated often by a stream of men arriving and leaving the premises.
Trafficking victims are generally kept in bondage through a combination of fear, intimidation, abuse, and psychological controls. While each victim will have a different experience, they share common threads that may signify a life of indentured servitude. Trafficking victims live a life marked by abuse, betrayal of their basic human rights, and control under their trafficker. The following indicators in and of themselves may not be enough to meet the legal standard for trafficking, but they indicate that a victim is controlled by someone else and, accordingly, the situation should be further investigated.

Understand the profile of a trafficked person
What Is the Profile of a Trafficking Victim? Most trafficking victims will not readily volunteer information about their status because of fear and abuse they have suffered at the hands of their trafficker. They may also be reluctant to come forward with information from despair, discouragement, and a sense that there are no viable options to escape their situation. Even if pressed, they may not identify themselves as someone held in bondage for fear of retribution to themselves or family members. However, there are indicators that often point to a person held in a slavery condition. They include:
1. Health Characteristics of a Trafficked Person:
Trafficked individuals may be treated as disposable possessions without much attention given to their mental or physical health. Accordingly, some of the health problems that may be evident in a victim include:
* Malnutrition, dehydration or poor personal hygiene
* Sexually transmitted diseases
* Signs of rape or sexual abuse
* Bruising, broken bones, or other signs of untreated medical problems
* Critical illnesses including diabetes, cancer or heart disease
* Post-traumatic stress or psychological disorders
2. Other Important Signs:
In addition to some of the obvious physical and mental indicators of trafficking, there are other signs that an individual is being controlled by someone else. Red flags should go up for police or aid workers who notice any of the following during an intake. The individual:
* Does not hold his/her own identity or travel documents
* Suffers from verbal or psychological abuse designed to intimidate, degrade and frighten the individual
* Has a trafficker or pimp who controls all the money, victim will have very little or no pocket money
Questions to ask if you suspect you are in the presence of a trafficking victim
Screening Questions
1. Is the person free to leave the work site?
2. Is the person physically, sexually or psychologically abused?
3. Does the person have a passport or valid I.D. card and is he/she in possession of such documents?
4. What is the pay and conditions of employment?
5. Does the person live at home or at/near the work site?
6. How did the individual arrive to this destination if the suspected victim is a foreign national?
7. Has the person or a family member of this person been threatened?
8. Does the person fear that something bad will happen to him or her, or to a family member, if he/she leaves the job?
Anyone can report suspected trafficking cases to the responsible local authorities/NGO’s etc. If the victim is under 18, professionals who work in law enforcement, health care, social care, mental health, and education are mandated to report such cases. Through a grass-roots community-wide effort and public awareness campaign, more professionals on the front line can readily identify the trafficking victim and have him/her treated accordingly.

Contributed by Karuna Dayal in the Health Care Intelligence Forum
(The author is with Multiple Action Research Group in New Delhi and has extensive experience of dealing with trafficked victims during her association at Human Rights Law Network)