The latest news received from Bhachau is that 7 NGO activists have been
arrested. These 7 people include:
Mr. Prasad M. Chacko, the Director of Behavioural Science Centre,
Mr. Moyuddin Sheikh of Behavioural Science Centre,
Mr. Gautam Shah,
Mr. Tapan of SUCI
3 women activists of SUCI.
They have been booked under sections 141 and 144 of the IPC. One of the
members was also severely beaten up. The government has started to clamp
down violently on the people who are trying to democratically protest and
get their issues in the public eye.
The NGOs are organising a protest fast to show solidarity with the people
of Kutch. The details of the programme are given below:
Venue: Gandhi Ashram
Time: 8.40 a.m. onwards
Date : 26th January 2002
We urge all like-minded people to join hands with the people of Kutch.
KUTCH 2002 – THE PLIGHT OF THE PEOPLE
The BSC has been involved in post-earthquake rehabilitation as well as
rehabilitation rights of the marginalised communities (Dalits, Kolis,
Muslims, OBCs) in Bhachau as well as Rapar talukas of Kutchh district.
During our involvement here we came across issues of inefficiency of the
state as well as large-scale corruption. This, in a normal situation is bad
enough, but in a situation of disaster management it leaves already
vulnerable communities frustrated and desperate. The same situation
continues even now, a year after the disaster. The main issues are around
inefficient and incompetent classification of damage, delay in release of
compensation cheques resulting in inadequacy and unpredictability of
housing compensation. In the light of the prevailing situation, we together
with the people of the areas, decided to undertake a peaceful agitation on
these issues of rehabilitation rights.
A series of village level meetings were conducted to assess the situation
and condition after 12 months. Two such meetings were held under the banner
of Lok Adhikar Manch on January 7th and 8th where representatives of the
village committees from the two talukas of Bhachau and Rapar planned the
future course of action. Another such meeting was held on January 12th -
with representatives of people from Anjar, where agencies such as Action
Aid, Behavioural Science Centre, Prayas as well as MARAG were also
represented.
The frustration of the people was extremely high and on 10th January the
people of Anjar, under the banner of Lok Adhikar Manch, met and began their
protest fasts at the taluka office. Under the same banner the agitations
spread to Bhachau and Rapar also where people undertook protest fasts from
the 19th. On January 19th people from 42 villages of Rapar and some
villages of Bhachau came to file their complaints to the 40 volunteers
present at the headquarters of the two talukas.The three most common
complaints revolved around the problem of corruption of government
officials and administrative issues. They were:
š cheques would only be released once a 10% bribe was given.
š surveys of the damage would only be reevaluated on receipt of bribe
š compensation not given because of lack of proof of
ownership/registration of house.
This attitude has created difficulties especially in a poverty
stricken taluka like Rapar where people simply have no money to give
bribes. The role of women has been very prominent in the agitation. Women
have been sitting and sleeping in the cold, fasting for days without the
benefit of even a tent.
The response of the government:
At first the officials were caught off guard. They underestimated
people’s determination to fight for their rights. In Rapar the response of
the people was overwhelming; there were almost 1000 people from the first
day itself and this figure has remained more or less constant. In Bhachau
the response has not been as vociferous as in Rapar. The various reasons as
gathered from our meetings with the people are:
Ž the local administration told various functionaries like
Sarpanch, engineers, teachers to see to it that people from the villages do
not join the protest fasts;
Ž the Dalit leadership is aligned with the BJP and therefore did not
allow the Dalit community to join the protest fasts.
Ž Mr. Arjan Rabari, a BJP functionary, had been going around trying
to persuade, and threaten if necessary, his community members from joining
hands with the Lok Adhikar Manch. This same person has allegedly usurped
the taluka panchayat land; on the 20th he went around ordering the assembly
of protesters there to vacate what he called his own land.
January 20
In Anjar the response of the local administration was that the
people’s demands would be met. This time around the people were not ready
to be taken up by these words alone. They demanded action and said that the
protest would continue until they could see the action being taken. They
did not want the action to be limited to Anjar alone but wanted the
administration to consider the situation in Bhachau and Rapar too and take
action there. A Charter of Demands was presented to the TDO and Director of
DRDA in Rapar. They initially refused to accept this but finally the
pressure of the people forced them to do so. After accepting this charter
the people were asked to move out of the compound and stop the protest. The
people refused to budge till action was seen to be taken.
January 21
The strength of the agitation in Rapar increased to 1800 on 21st.
in Bhachau the local administration was eager to see the agitation being
called off. According to our sources this is due to the fact that the level
of corruption in Bhachau (with regard to rehabilitation funds) is extremely
high. E.g. an amount of Rs. 500/- to Rs. 10,000/- (around 10% of the
compensation amount) has to be paid as bribe in order to receive the
compensation. Reassessment of the damages was also done on payment of
bribes. The response in Bhachau was poor also owing to the fact that the
better off families/communities had received the benefit of compensation
since they could afford to bribe the officials, whereas the poor and the
marginalized could not afford this and were consequently left out of the
compensation process.
January 22
The people who were agitating peacefully outside the Collector's
office were told by the police to vacate the premises. The people refused
to do so. At that point the tent under which they were sitting was ripped
off; their supplies of water were spilled out on the ground; they were also
ordered to take down the loudspeakers which were being used to address the
gathering. They continued sitting there in the cold (4-6 degrees) without
even the meager protection of the tent.
The representatives of the delegation who went to meet the
Collector, Mr. Chhibber, were not received well. The Collector had an
administrative excuse for any and all complaints which were voiced to him.
In exasperation the representatives told him that the government proposals
have not worked so far and it was his duty to find a solution to the
issues. At this point he proposed a solution where the people had to
channelise their complaints through the school head master. He was told
that this would not work in view of the ground reality. The delegation
proposed that a task force be set up consisting of local administration and
people from the Lok Adhikar Manch (People’s Rights Forum). This task force
must have a time limit to finish the task and respond to people’s problem
in the villages itself and not make people run from pillar to post as it is
being done now. Some problems which may not be dealt there and then must be
categorized and responded to in a time bound frame. It was at this point
that the Collector became angry and hurled abusive words (bloody fools,
nonsense,) at the delegation culminating in “Get out of my office”.
23rd January
Ž The Charter of Demands was sent to the Chief Minister of Gujarat.
In spite of the harshness of the government
response the people continue to protest and demand their rights. Their
desperation is so high that many people continue to fast for days together
and refuse to budge from the place until something is seen to be moving.
The people are so frustrated that they have even said that they would
continue the protest for months together if needed.
We present below (next page) a Memorandum to the Chief Minister
of Gujarat. We appeal to you to send this on the name of your organization
or on your personal name to the Chief Minister’s Office at the following
(whichever is convenient to you).
http://www.gujaratindia.com/cm/min. html (there is a provision to send an email)
Office:
Tel. No. 3232611 TO 19
Fax No. 3222101, 3223467
Residence:
Tel. No. 3243721, 3243722
Fax No. 3243726
We also request you to forward this message to anyone who wishes
to take part in the people’s struggle for justice and dignity.
Note prepared by James C. Dabhi, s.j. and BSC team.
MEMORANDUM TO CHIEF MINISTER OF GUJARAT
To,
The Honourable Chief Minster,
Gujarat State
Gandhinagar
Sub: Inhuman Attitude of Government Machinery towards the Marginalized
Groups of Rapar Taluka who are Trying to Obtain Justice in a Democratic
Manner in the Aftermath of the Killer Earthquake of 2001
Respected Sir,
The “Lok Adhikar Manch” is a forum of the earthquake-affected people of
Anjar, Rapar, and Bhachau talukas of Kutchh district. They realize that
many are deprived of proper rehabilitation and resettlement measures taken
by the government and hence, on 22nd January, organized a dharna and
symbolic fast for justice. Around 500 people sitting under a tent at Rapar
Taluka Panchayat office were ill treated by the government officials at 11
a.m. Their tent was dismantled, their drinking water was thrown away, and
other facilities were disrupted. Many old people, women and children were
harassed due to the lack of drinking water under the bright sun; they were
surrounded by many police officials who continued to ill-treat them. This
is clearly a case of violation of the democratic process and human rights
guaranteed by the Constitution of the country.
As a true well wisher and protector of human rights and the Indian
constitution, we strongly appeal to you to hear the complaints of the
residents of 53 villages of Rapar Taluka, provide justice in a sympathetic
manner, stop violation of human rights and inhuman activities on these
deprived people, and take immediate measures for their rehabilitation.
Anticipating your cooperation,
Sincerely yours,
(your name)
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