India: Ongoing risk of forced eviction of 5000 people in Howrah, West Bengal

Follow-up to Action File (IND 150109.ESCR)

INDIA: ONGOING RISK OF FORCED EVICTION OF 5000 PEOPLE IN HOWRAH, WEST BENGAL

New Information

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.

Reminder of the Situation

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]

Requested actions:

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:

• Halt immediately the on-going eviction operation until an impartial evaluation by an independent body on the situation is carried out, and until the international standards on forced evictions are properly met, including freedom from violence.
• Ensure that any protest or demonstration related to the eviction is not met with violence.
• Ensure, in the case that the eviction proceeds – following adequate and appropriate community consultation and with the community’s full approval – that the families and individuals affected are granted relocation, alternative adequate housing and compensation.

On the issue of forced evictions in West Bengal in general, urge them to:

• Implement without delay a binding national legal framework on evictions based on international human rights standards.
• Order a moratorium on all forced evictions until this national framework has been implemented.
• Order an impartial and independent inquiry into the way in which previous evictions were carried out. In particular, this inquiry should determine whether the competent authorities followed the requirements of national and international law and adhered to human rights standards, including prior consultation with and notification of the residents of the area. It should also ascertain the legal basis on which the eviction order was issued and whether alternatives to eviction were considered. In addition, the report of the inquiry should contain concrete proposals to ensure effective remedies to victims. The results of this inquiry should be promptly published.
• Ensure that appropriate legal action is taken to prosecute and punish all those involved in violations of the law in connection with unlawful forced evictions.
• Instruct all relevant authorities that further evictions may only be carried out after adequate consultation with those affected and clear prior agreement on adequate resettlement and compensation.
• Take immediate action to ensure that adequate alternative housing, redress and compensation are provided for victims of previous forced evictions.

Addresses

• Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi 110 001, India; Fax: + 91 11 2301 6857
• Shri P.Chidambaram Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001, India; Fax: +91 11 2309 2979
• Justice K. G. Balkrishnan, Chief Justice of India, Supreme Court of India, 1 Tilak Marg, New Delhi, India; Fax: +91 11 233 83792; E-mail: supremecourt@nic.in
• Justice Rajendra Babu, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, India; Tel: +91 11 230 74448; Fax: +91 11 2334 0016; Email: chairnhrc@nic.in
• Shri Budhadev Bhattacharya, Chief Minister, Govt. of West Bengal, Writers' Buildings, Kolkata 700001, West Bengal, India; Fax: +91-33-2214 5480; E-mail: precycm@wb.nic.in and cm@ub.gov.in
• Shri Ashok Bhattacharya, Minister-in-charge of Urban Development & Municipal Affairs, Govt. of West Bengal, Writers' Buildings, Kolkata 700001, West Bengal, India; Tel: +91 33 22145497; Fax: +91-33- 2214 3853; E-mail: cpimwb@cal3.vsnl.net, micma@wb.gov.in, 6241@writerscal.gov.in
• Chief Secretary, Government of West Bengal, Writers' Buildings, Kolkata 700001, West Bengal, India; Fax: +91 33 22144328
• Home Secretary, Government of West Bengal, Writers' Buildings, Kolkata 700001. West Bengal, India; Fax: +91 33 22143001; Email: sechome@wb.gov.in
• Director General & Inspector General of Police, Government of West Bengal, Writers’ Buildings, Kolkata 700001, West Bengal, India; Fax: +91 33 2214 4498 / 2214 5486
• Honorable Chief Justice, Kolkata High Court, Kolkata, West Bengal, India; Fax: +91 33 22429158
• H.E. Mr. Swashpawan Singh, Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations, Rue du Valais 9 (6ème étage), 1202 Geneva, Switzerland; Tel: +41 22 906 86 86; Fax: +41 22 906 86 96; Email: mission.india@ties.itu.int
• H.E. Mr. Dipak Chatterjee, Ambassador, Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium; Fax: +32 (0)2 6489638 or +32 (0)2 6451869
  

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

[1] Basic principles and guidelines on development-based evictions and displacement, A/HRC/4/18 5 February 2007