Addressing the economic, social and cultural root causes of violence
OMCT ACTION FILE (IND 150109.1.ESCR)
Follow-up to Action File (IND 150109.ESCR)
INDIA: ONGOING RISK OF FORCED EVICTION OF 5000 PEOPLE IN HOWRAH, WEST BENGAL
OMCT has received information that the eviction of some 5000 people in Belgachia Bhagar in Howrah, West Bengal from land said to be in their legal possession did not take place as scheduled on 14 January 2009. Reliable information from Banglar Manabadhikar Suraksha Mancha (MASUM), a member of the SOS Torture Network, indicates that on 13 January the residents of Belgachia Bhagar sent a deputation to the Superintendent of Police and made an appeal to the Chief Justice of the Supreme Court. On 14 January, MASUM, together with a number of other civil society organisations joined the residents of Belgachia Bhagar in a gesture of solidarity. On the same day, the secretary of MASUM and a number of women from the affected community appeared before the Chief Justice of the High Court to appeal for a “stay” upon the eviction order. This was not granted. At the same time, two petitions were filed at the High Court of Kolkata, neither of which were accepted. Despite this, the evictions – announced two days previously - did not go ahead.
While OMCT welcomes the fact that the evictions in Belgachia Bhagar did not take place as scheduled, it is concerned that the situation remains unresolved and that the possibility of mass forced evictions accompanied by violence still hangs over the Belgachia Bhagar community. Indeed, information suggests that the evictions are likely to go ahead on or after 30 January. OMCT therefore renews its call to the Union Government of India and the State Government of West Bengal to halt immediately the eviction procedure and to scrupulously respect international human rights standards relative to the rights of the persons concerned, including respect for due process of law. In the event that the evictions take place, OMCT urges both authorities to ensure that the entire operation is carried out according to international standards on evictions, including freedom from violence, and to ensure also that the communities involved are granted relocation, alternative adequate housing and compensation.
Following an eviction order issued by the Kolkata High Court, more than 5000 people living near Belgachia Bhagar - the municipal garbage dumping ground of Howrah, West Bengal - face the imminent risk of eviction from their homes and destruction of their belongings. The evictions were originally expected to take place on 14 January 2009.
The individuals and families involved are all from poor and marginalised sectors of society and they largely belong to the Dalit community. According to the information provided by MASUM, this community has been living in that area for more than 100 years and they claim to possess valid legal documents confirming their Indian Citizenship and residence. Furthermore, these individuals and families were reportedly unaware of the Court’s decision and were neither consulted during the proceedings nor given prior notice, other than an announcement by microphone made two days earlier. In addition, neither the Court nor the State Government and Municipal administration has provided any relocation plan, including redress, alternative adequate housing and compensation. According to MASUM, at least five Hindu temples and three government-aided non-formal education centres for poor and underprivileged children are also scheduled to be demolished.
OMCT recalls that this eviction is not an isolated case, but rather the latest incident related to a policy of urban development and forced eviction supported by the Government of West Bengal. In particular, Howrah administration was already involved in a forced eviction in Belilious Park in 2003. In this respect, OMCT recalls that forced evictions constitute prima facie a violation of “a wide range of internationally recognized human rights and can only be carried out under exceptional circumstances and in full accordance with international human rights law.”[1]
Please write to the Union Government of India, the State Government of West Bengal and the Howrah Municipal Corporation.
Regarding the Belgachia Bhagar eviction in Howrah, urge them to:
On the issue of forced evictions in West Bengal in general, urge them to:
Please also write to the Indian Embassy in your country.
Information on action taken and follow-up
OMCT would appreciate receiving information on any action taken in relation to the matters dealt with in this Action File so that it might be shared with OMCT’s network and others interested in this issue. Please quote the code of this appeal on the cover page in contacting us.
Geneva, 23 January, 2009
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