16 March 2015

Nandigram's Forgotten Rape Victims Living In Precarious Conditions


A team of Women against Sexual Violence and State Repression (WSS), West Bengal, comprising Anuradha Talwar, Nisha Biswas, Rama Debnath, Rangta Munshi, Saswati Ghosh, Sharmistha Choudhury and Swapna Banerjee visited Nandigram on March 10, 2015, to study the condition of the women of Nandigram who had been at the forefront of the heroic struggle against land acquisition back in 2007-2009.

What we saw saddened and disturbed us for a number of reasons, the foremost being the fact that these women, who had once been powerful leaders of a historic mass movement, are today not only distressed but disempowered as well. We tried to assess the present condition of the women of Nandigram and here is what we learned:

THE FACTS GLEANED

Status of legal cases
  • Nobody was able to give any concrete information on the status of the cases filed by the rape survivors. It is not certain that cases of rape were filed at all.
  • A total of 362 cases – including 9 murder cases – against more than 4,000 persons involved in the Nandigram Movement were registered in 2007-2009.
  • 160 minor cases have been withdrawn so far. The court has not allowed withdrawal of some of the cases that the government wanted to withdraw.
  • According to BUPC leaders, chargesheets have been filed in almost all the cases, though trial is yet to begin.
  • However, we were unable to ascertain the exact status of the cases.

Compensation Payment 
  • All 159 injured on March 14, 2007 have received compensation of Rs 1 Lakh as per High Court order.
  • Only 3 out of 16 rape survivors have received compensation of Rs 2 lakh.

CBI Investigation 
  • In December 2013 CBI instituted cases against more than 30 men and women – including women who were severely injured and/or raped like Radharani Aari, Kajal Majhi, Gouri Pradhan, etc. – on charges of attacking the police and inciting violence.
  • BUPC sought dismissal of above cases in HC, but was denied by the Single Bench. Now appeal is lying before the Division Bench of HC.
  • CBI also sought Govt. permission to initiate criminal proceedings against some Police Officials.
  • Govt. is yet to respond on the above.
  • It appears that the CID was in charge of the cases at some point. According to BUPC leaders, the subsequent intervention of the CBI threw everything in disarray due to confusion regarding the respective domains of responsibility. What is beyond doubt, however, that all this has resulted in justice being denied to the victims.

Status of some women of struggle:
  1. Tapasi Das (38 yrs)  
  • Bullet injured her uterus, causing permanent gynecological and neurological problems.
  • Remains in persistent pain and is confined to bed most of the time.
  • Difficulty in walking, severe limp.
  •  Gets meagre Rs 1500 per month from local MP for treatment. This amount, however, is not even sufficient to cover the travel expenses she has to incur to continue with her treatment.
  •  Husband got a temporary job in Metro Rail.

  1. Radha Rani Ari (45 yrs) 
  • Gangraped twice.
  • Not received compensation. Rumour is some imposter made away with her compensation.
  • Suffers severe social stigma, husband too accuses her. 
  •   Rape accused are out on bail and are back in the locality. 
  • Gets meagre Rs1500 per month from local MP. 
  •  One son got a temporary job in Metro Rail.

  1. Angur Das (40 yrs) 
  • Raped on 14th March along with her daughters Kabita (married with 2 kids) and Ganga (then unmarried) 
  • No compensation 
  • 3 sons work in a carpet factory in U.P. 
  •  Husband works in small patch of own land. 
  • Heavily depressed. Ganga is now married but is facing problems at in-laws’ for non-payment of agreed dowry.
  1. Kabita Das (22yrs) 
  •  Daughter of Angur Das. 
  • Not allowed to return to marital home after rape incident. 
  •  Lives with mother. Husband visits occasionally.

  1. Srabanti Das Adhikari (35yrs) 
  • Received compensation of Rs 2 Lakh as per HC order 
  •  Works as cook in ICDS 
  • Unwilling to talk, ‘I am fine, have to stay here.’

SOME OBSERVATIONS
  • Women like Tapasi Das, Radharani Aari and others, who had become the face of the Nandigram Movement, who had suffered rape, bullet wounds and state terror but had remained at the forefront of the heroic struggle against forcible land acquisition, who had subsequently been instrumental in unseating the then Left Front government from power, have today been absolutely edged out of the political space. They are neither called to Bhumi Uchchhed Pratirodh Committee (BUPC) meetings, nor invited to Martyrs’ Day observations, nor given the recognition they deserve.
  • Radharani Aari recalls how, in the run-up to the Bidhan Sabha election of 2011, she was much sought after by the present ruling party. She would be taken on political campaigns all across the country and made to describe the barbaric sexual torture that was inflicted on her. “My body was like a property that would get the votes,” she says. Now, with that party firmly in power, she has been carelessly abandoned, left to fend for herself. “I often contemplate suicide,” she says.
  • The women have been silenced by the brute force of male domination. All the rape accused, like Badal Garu, Kalia Garu, Rabin Das, etc., have returned to their homes – after months of exile to escape public wrath – and this ‘rehabilitation’ has taken place after negotiation with the BUPC (male) leadership. Radharani Aari and the other women allege that the BUPC leaders took hefty sums of money from the rapists in exchange of granting them permission to return home. None of the raped women was consulted in the process. Now with the rapists at large, and often inhabiting adjacent houses, these women live in constant fear. BUPC leaders tell them, “What’s your problem?” Their problem is that justice has not been done, and it does not seem like that it will.
  •  Very few of the women who were raped, injured or otherwise tortured in the course of their valiant role in the Nandigram Movement have been rewarded by the government. In most of the cases, the husband or the son has been provided some kind of a job by the new government, in lieu of the woman’s sacrifice. The woman, however, has received virtually nothing. For example, the son of Radharani Aari – who was gang raped twice in 2007-2008 – has been given a job by the new government, and leaders now tell her, “What else do you want?”
  • The women are in precarious health. Tapasi Das, whose thigh was almost sawed off and uterus hit when the police opened fire on unarmed women and children on March 14, 2007, lives in perpetual pain. There is nobody to oversee her medical treatment or ensure that she gets it. Radharani Aari and other women who were raped by hoodlums of the then ruling party are victims of severe trauma. They are all in need of medical attention, which is absent.
  • A grand hospital built in memory of the martyrs of Nandigram stands amidst sprawling acres, the picture of grim dereliction and waste. The caretaker said that a doctor visits once or twice a month, but even that thin story did not ring true. It is indeed an irony that with so many women in desperate need of medical attention, a hospital in the very middle of Nandigram should be allowed to go to seed.
  • These women, who were once leaders of one of the most famous mass movements of recent times, are now confined to their homes and subject to all kinds of patriarchal oppression. They cannot marry off their daughters without paying massive dowries as if to ‘compensate’ for the ‘stigma’ of rape. Some of the daughters have been thrown out of their marital homes as ‘punishment’. Even neighbours have now taken to pointing fingers at the rape survivors. This social chastisement, in conjunction with crippling poverty, has broken their hearts.

These are the findings of our first visit to Nandigram. We hope to follow this up with more visits in the future and stand firmly by the women in their fight for justice.

13 March 2015

Press Meet On Violence Against Women


Women against Sexual Violence and State Repression (WSS) is a non-funded grassroots effort started in November 2009, to put an end to the violence being perpetrated upon our bodies and societies. We are a nationwide network of women from diverse political and social movements comprising of women’s organizations, mass organizations, civil liberty organizations, student and youth organizations, mass movements and individuals. We unequivocally condemn state repression and sexual violence on our women and girls by any perpetrator(s).

For further information, please go to our website at http://wssnet.org

A team of WSS, West Bengal visited Nandigram on March10, 2015 in view of Nandigram Divas, observed on March14 each year to commemorate the historic land movement of Nandigram.

The team is saddened to observe the status of women who were in the forefront of struggle.

In this context, the WSS is organising a Press Meet on March 14, 2015, at 2.00 p.m. at Kolkata Press Club to share their experiences

On behalf of WSS, West Bengal:

Anuradha Talwar, Swapna Banerjee, Rangta Munshi, Sharmishtha Choudhury, Rama Debnath, Saswati Ghosh, Nisha Biswas

01 March 2015

'Miserly Wages Will Worsen Poverty Among Tea Workers'


We are shocked by the tripartite wage agreement signed on 20.2.2015 in the presence of the State Government in West Bengal. The agreement has provided a raise of Rs.37.50 over three years to tea plantation workers in Terai and Doars and Rs.42.50 to workers in Darjeeling. Workers will therefore be paid a miserly amount of Rs. 112 .50 in the first year, Rs.122.50 in the second year and finally Rs. 132.50 in the third year. These amount to starvation wages and are likely to worsen conditions of poverty and malnutrition amongst tea plantation workers. We are thus likely to continue to get shameful reports of starvation deaths in an industry that is a huge export earner and has a flourishing and ever expanding domestic market.

By no logic can such an increase be justified. Firstly it comes nowhere near the repeatedly articulated demand by the workers for minimum wages, which all unions had calculated to be between Rs.285 and Rs.345. Nor does it make tea plantation workers at par with other sectors, with the State Government-declared minimum wage even in the poorest agricultural sector, being Rs.206 at present.
As a face saver, the agreement has also put down in writing that the agreement will remain in force till a Government committee formed on 17.2.2015 puts forward its proposal on minimum wages under the Minimum Wages Act 1948. Despite repeated appeals by various unions, no deadline has been given for this committee and it has been asked to submit its report “as early as possible”.

There are well defined and well accepted norms for the calculation of minimum wages. In West Bengal, such an exercise has been carried many steps forward, with a draft notification given in 2010 by the previous Government. With proper political will of all concerned, the exercise to declare a minimum wage for the tea sector should be possible within a short time.
We call upon the State Government to ensure that the minimum wage committee submits its report in the next three months and that the wages in tea sector are raised to meet all accepted norms and Supreme Court orders for a minimum wage.

We also extend our solidarity and support to the tea plantation workers who will now have to continue their struggle for a decent wage.

Organisations:
All India Forum of Forest Movements
Asanghatit Kshetra Shramik Sangrami Union, West Bengal
Binodini Shramik Union
Chemical Mazdoor Panchayat
Chhattisgarh Mukti Morcha (Mazdoor Karyakarta Committee).
CHITRA - Centre for Human rights Initiative, Training & Research Association, Delhi
Darjeeling Dooars United Development Foundation (DDUDF)
Durbar Mahila Sammanvay Committee, West Bengal
Durbar Disha Mahila  Griha Shramik Sammanvay Committee
Garment and Allied Workers Union , Haryana
Haldia Dock Complex Contractor Shramik Union, West Bengal
Hazards Centre , Delhi
Hero Honda Theka Mazdoor Sangathan , Haryana
Himalaya Niti Abhiyan, Uttarakhand
Hosiery Workers Unity Centre, West Bengal
Indian Oil Petronas  Contractor Shramik Union, West Bengal
IIT Kanpur Citizens' Forum
Jagrit Adivasi Dalit Sangathan, Madhya Pradesh
Jyoti Karmachari Mandal, Gujarat
Krishak Mukti Sangram Samity, Assam
Mahila Mukti Morcha, Chhattisgarh.
National Hawkers Federation
Prayavaran Suraksha Samiti, Gujarat
Paschim Banga Khet Majoor Samity, West Bengal
Paschim Banga Swarojgari O Radhuni Union, West Bengal
Pragatisheel Cement Shramik Sangh
People's Union for Democratic Rights(PUDR)
Saha Institute of Nuclear Physics Workers Union, West Bengal
Shramajivi Mahila Samity, West Bengal
Shramajivi Samanvay Committee, West Bengal
TUCI West Bengal State Committee
Udayani Social Action Forum, West Bengal
Uttar Bango Bon-Jon Shromojivi Manch, West Bengal
Vadodara Kamdar Union, Gujarat
Vettiver Collective, Chennai, Tamil Nadu

Individuals:
Amit Bhaduri, JNU, Delhi
Ankita Agarwal, Jharkahnd
Chitra Joshi
Geeta Charusivam, Tamil Nadu
Greeshma Rai
Imrana Qadeer
Juhi Jain
Kaveri Indira, Hyderabad
Kavita Krishnan, AIPWA , Delhi
Nandini Rao
Uma V.Chandru

22 February 2015

Travesty Of Tea And Tribals


By Sushovan Dhar

No amount of mockery would have been more pronounced than the holding of the Tea and Tribal Festival at Banarhat, in the Jalpaiguri district of West Bengal, under the “auspices” of the Backward Classes Welfare Department, Government of West Bengal. The programme held between February 15-17, 2015, intends to “provide a platform to display tribal talents” said the official invitation. This charade is emblematic of the larger spoof that continues with around two million tea plantation workers of India.

The venue, Banarhat Tea Garden playground, is located within 15 kilometers of the closed Red Bank, Dharanipur and Surendranagar Tea Estates that have been virtually shut down since the last 12 years. These nondescript locations sometimes hit headlines when starvation and chronic malnutrition take the lives of the closed tea garden workers and their family members. The otherwise picturesque Dooars, at the foothills of the Himalayan West Bengal and Bhutan, has turned into a veritable valley of death with tea garden workers suffering due to low wages, poor quality rations and inadequate medical facilities. It is a shame and matter of utter disgust that the government, instead of bringing the real culprits to book, decides to organise a festival that makes fun of the dead. And not one or ten, but thousands of deaths due to malnutrition, starvation and undernourishment. Matters that could have otherwise been easily prevented.

According to a survey done on body mass index (BMI) by rights activist and doctor Binayak Sen and five other organisations, in the erstwhile closed Raipur tea garden in the same district, “40 per cent of its residents have a BMI lower than 18.5, indicative of being underweight, and 140 people in 539 examined had BMI lower than 14, a sign of malnourishment”. The report points towards the dire living conditions in the closed tea gardens in West Bengal and exposes the sub-human conditions that people are compelled to endure.

Turning a deaf ear to such alarming developments, the Trinamool Government in the state - (in)famous for its ardent mela culture where millions of rupees are disbursed in extravagance –  tries to showcase its “talents” leaving the tribals and the tea-workers in a quandary. Critics say that these melas or fairs are organised to conceal the failures of the government and also dish out money to local beneficiaries and contractors. Besides, these are great public propaganda exercises for a party in a desperate need to repair its tarnished image owing to unfulfilled expectations and widespread corruption though multiple scams, including the Saradha ponzi scheme, has hit the government so hard that its image seems beyond repair. The party can only hope to stay in power with the opposition votes squarely shared between the CPI(M) and the BJP, as testified by the recent assembly and parliamentary by-polls in Krishnagunj and Bongaon respectively.

While workers reel under pathetic wages, currently Rs 90-95/day, the ministers of the government including the one in charge of labour, resort to falsehood about improving the lot of the labourers and the implementation of minimum wages in the sector. This enclave economy has witnessed notorious collusions between the owners and the successive governments reducing the workers to penury, permanently. Even in the face of a strong and unified resistance from workers the government takes the mantle of dragging them into dubious wage deals that would see their hard-won gains further eroded. Any Lady Macbeth to say- “Here’s the smell of the blood still. All the perfumes of Arabia will not sweeten this little hand”?

In a landmark judgment on Kamani Metals & Alloys Ltd vs Their Workmen, the Supreme Court of India on 24 January 1967 ruled that “a minimum wage which, in any event, must be paid, irrespective of the tent of profits, the financial condition of the establishment or the availability of workmen on lower wages. This minimum wage is independent of the kind of industry and applies to all alike big or small. It sets the lowest limit below which wages cannot be allowed to sink in all humanity.” The government is resolute to connive with the tea-garden owners to violate every word and spirit of this opinion. West Bengal is the only “owner's pride” in the country after the neighbouring Assam government, also notorious for gross violations of workers’ rights, issued necessary notifications towards the implementation of minimum wages, last month. Let us not forget that the health of the tea industry depends a great deal on the health of the workers as this is highly a labour intensive industry.

And the timing could not be better with the industry poised to witness tea prices climbing by 9% to an average of Rupees 200 ($3.2) per kg in 2015 as consumption rises in a recovering economy, according to McLeod Russel India, the world's biggest tea grower. ASSOCHAM, the oldest and a leading apex-body of the trade associations of India, projected the industry to achieve a turnover of Rs. 33,000 crore ($5.4 billion) by this year making plantation owners richer and leaving workers earn the lowest wage of all organized sectors in the country.

Surely, the government has to resort to such travesty to woo the plantation workers and the tribals. And, no wonder there is hardly any turnout of lesser mortals to witness such a farce.