Tuesday, January 3, 2012

INDIA: More villagers may face starvation death due to corrupt administration ISSUES: Freedom from hunger; right to food; corruption; impunity

                                                      Vipul Koul

The Asian Human Rights Commission (AHRC) has learned that the
administration authority has been neglecting their duty to implement
social security schemes for the poor thereby failing to ensure freedom
from starvation and hunger. After Mr. Laxman Jagat, a resident of
Kuliadongri village Karanbaheli Panchayat, Sinapali block of Nuapada
district died of starvation and illness on November 25, 2011, the
administration was strongly urged to take proper steps to provide rice
and other services in accordance with laws and policies by the
affected villagers as well as civil society. It is found that the
administration failed to provide food grains since July 2011 under the
Public Food Distribution System (PDS). There has been no agricultural
work due to drought through a year, yet the administration failed to
create work for food in accordance with the MGNREGS (National Rural
Employment Guarantee Scheme). While the poor in this drought-hit area
found it extremely difficult to manage food, the administration
engaged in corruption and were negligent by not implementing available
social security programs targeted for the poor, widows, and elderly.
In addition, despite several complaints from the villagers earlier,
the administration has never responded to the villagers but pledged to
provide rice only after the villagers caught the truck by which the
Marketing Inspector of the block and Executive Officer of Panchayat
tried to sell the government subsidized rice to the market. Yet, the
administration failed to keep their promise. Even after Mr. Laxman's
death was reported, the administration provided rice for two villages
and partially one village only, failing to fully implement relief in
all affected areas. More villagers, widows, children and elderly
especially, may face the same fate as Mr. Laxman had to.

CASE DETAILS:

Photo of late Mr. Laxman Jagatf below.

On November 25, 2011, Mr. Laxman Jagat died. He was survived by his
wife, a child and 80 year old-mother. He was a rickshaw driver in
Raipur, a bit far away from his village from which he could hardly
manage sufficient food for the family. The Below the Poverty Line
(BPL) card in his parents' name gives 30 kilograms of rice monthly
that is distributed among his family and his brothers' families. He
got ill in October getting weaker and could not drive a rickshaw. His
wife had to go to Raipur to get food along with a small daughter.

Rice distribution to the BPL card holders stopped in July. Most of
the BPL cards in the village show the last entry on July 11. Due to
drought through a year, the poor villagers could not get any
agricultural work this year. Neither could Laxman. He expected to get
a job under the MGNREGS, but no valid. Instead he got ill due to hard
labour and lack of energy, which eventually took his life. While he
was sick, his wife carrying her daughter went for seeking food. He
died without getting any treatment and proper meals.

While Laxman was dying, the villagers made several complaints to the
administration asking for rice distribution. They have reported about
these irregularities to the Block Development Office (BDO), CSO and
even the district Collector. Yet no one responded. There was rice
rotting in godown, whereas the administration did not listen to the
poor villagers. On September 21, they found the Marketing Inspector of
the block and the Executive Officer of the Panchayat who tried to
transport 62 bags of rice from the godown by truck without knowledge
of the Panchayat head. The villagers informed the police and the
Executive Officer alone was sent to jail.

On September 22, the Marketing Inspector assured that rice would be
distributed to the BPL holders, which did not happen. On October 10,
the villagers again submitted a complaint to the BDO. The officer
promised to distribute rice within a week, but did not. On October 23,
the complaint was sent to the Collector and the Chief Secretary
Officer but, again no step has been taken. On November 17, the
Executive Officer of neighboring Panchayat came to the village and
distributed 125 quintals of rice in total, which was far less than
what is required.

Karanbaheli Panchayat has a quota of 273 quintals of rice per month
and it was more than 1000 quintals for four months between July to
October that the administration failed to provide. 16 out of 125
quintals was given to Karanbaheli village. The villagers currently
demand rice distribution for four months which they are legally
entitled to get.

Furthermore, rice was distributed only in two villages i.e.
Kuliadongri and Karanbaheli and partially in Chandel village. The
villagers of Badibahal and Dongriguda of Karanbaheli Panchayat have
not yet received their quota. Mr. Madhusudan Padhi, Secretary, of the
concerned department wrote in a mail that, “the rice (about 400
quintals) has been siphoned off….. the district administration had
been asked to ensure distribution.” He also instructed the district
administration to ask for the same quantity from Government and
assured that the matter would be followed up. Yet, no further step has
been taken so far. In neighboring Panchayat, Kusumjore was also found
that the BPL families have not received foodgrain for months.

ADDITIONAL IMFORMATION:

The late Laxman's family is not the only one facing extreme poverty
and starvation in this area. It is broadly found that many poor
villagers confront starvation under the same circumstances. Drought
brought more difficulties to the poor and the vulnerable groups like
widows or elderly. The government did not pay special attention to
drought and rather enjoyed more corruption and negligence. Failure of
rice distribution is not the only problem to be raised. The overall
social security system has been collapsed by the corrupt and
mal-functional administration.

Mr. Durbal Nag of the village with BPL number 3656 may face same
fate. His wife said, “Agriculture labour is not available in the
village, where I could have earned money to feed my husband and
son.” Mr. Durbal has been bedridden for one month. Durbal’s only
son is an orthopedically challenged. Durbal’s wife cannot go out of
the village to find employment leaving the sick husband at home.
Durbal is in his 60's but no social security scheme supports him and
his family.

The situation of Ratnakar Nag (55 years old) and his mother Bijli (85
years old) is pitiable. Ratnakar is unable to work since last 3
months. His mother cooks food looking after him. The only source of
income is the Old Age Pension (monthly 200 rupees, USD 3.78). Without
subsidized rice by the PDS, the family is not able to purchase enough
rice in open market.

Mr. Khetra Chinda of Chindapada in Badibahal village of Karanbaheli
Panchayat died in a brick kiln in Hyderabad in 2010. His wife Rama
returned to the village with her children after his death. None of the
children go to school currently. Rama used to go to another village to
do agricultural labour leaving the children with the old mother in
law. Rama has not yet been provided the government support like
National Family Benefit Scheme targeted for the family who lost bread
earner or widow pension. Her agricultural labor cannot make sufficient
food for her family and drought hit this year would expectedly make
situation worse.

SUGGESTED ACTION:

Please write a letter to the government agencies below to express
your concern about the poor who face starvation and deaths in Nuapada
district due to collapse of social security programs caused by corrupt
administration. Please note that the administration had not responded
to the complaints by the villagers who have not received subsidized
rice suffering from lack of agricultural work due to drought through a
year.

The AHRC is writing separately to the UN Special Rapporteur on the
right to adequate food.

To support this appeal please click here:
<http://www.urgentappeals.net/support.php?ua=AHRC-HAC-001-2012>

SAMPLE LETTER:

Dear __________,

INDIA: Call for end up corruption and negligence causing starvation
and death to the poor in Odisha

Names of the affected:

1. Mr. Laxman Jagat, died of starvation and illness, a resident of
Kuliadongri village Karanbaheli Panchayat, Sinapali block of Nuapada
district

2. BPL families in Sinapali block who have not received subsidised
rice for months

3. Widows and elderly who have not received other social security
schemes such as widow pension, old age pension, etc.

Place of incident: Sinapali block of Nuapada district, Odisha

Date of incident: 2011

I am writing to you to express my deep concern about the poor who
have died facing starvation and relevant sicknesses in 2011, and those
who are still on the threshold of death due to hunger and hunger
induced sicknesses in Odisha.

It is very regretful to hear that at the end of the year, Mr. Laxman
died suffering hunger and illness on November 25 and others face
similar fate. I would like to throw a question that what you have been
doing while people suffer from starvation and end up with death.

As you must know, there have been reports about deaths through a year
in Odisha. Those who died of sicknesses suffering from starvation
always confronted neglect of the administration officials excluded
from the social security programs which they were entitled to get, by
the moment they died, or even after death.

I have observed so far that when we report the death to you asking
for attention and remedy, the administration authority often tried to
find a way to avoid responsibility by saying that they did not die of
starvation but died of sickness. Or the administration provided little
rice and money either by charity or in accordance with existing
schemes after death, and suggested that you committed your mandate. At
the end, your authority and relevant officials enjoy impunity from the
administrative and moral responsibility for contribution to starvation
death. In many cases, your authority does not even listen to the
complaint from the poor or vulnerable groups like tribe, widows, or
elderly. There has been no exception so far, neither is this case.

Thus, I am not writing to you to know if Mr. Laxman died of
starvation by post-mortem, by which you may suggest that he did not
die of starvation as his stomach was not completely empty. Certainly,
this is not the way to interpret what hunger is and to prove how one
dies suffering from hunger. I am writing to urge you to commit full
implementation of government schemes and policies targeting the poor
and vulnerable groups under your jurisdiction, which is no more than
the administrative and legal mandate as a government official. I am
not asking something beyond your mandate, but asking not to enjoy
corruption and impunity beyond your mandate. When you enjoy them, the
poor die in your country.

I am aware from previous complaints sent to you that Nuapada district
administration and Sinapali block authority have never properly
responded to the complaints since August. The villagers of Sinapali
block have been facing drought through a year which made the poor more
difficult to get food from agricultural work. Agricultural work was
not available and the government did not offer any job under the rural
employment scheme - MGNREGS. Even worse, rice distribution stopped
since July. Many had to go for migration seeking food.

The villagers have reported about these irregularities to the Block
Development Office (BDO), CSO and even the district Collector. Yet no
one responded. There was rice rotting in godown, whereas the
administration did not listen to the poor villagers. On September 21,
they found the Marketing Inspector of the block and the Executive
Officer of the Panchayat who tried to transport 62 bags of rice from
the godown by truck without knowledge of the Panchayat head. The
villagers informed the police and the Executive Officer alone was sent
to jail.

On September 22, the Marketing Inspector assured that rice would be
distributed to the BPL holders, which did not happen. On October 10,
the villagers again submitted a complaint to the BDO. The officer
promised to distribute rice within a week, but did not. On October 23,
the complaint was sent to the Collector and the Chief Secretary
Officer but, again no step has been taken. On November 17, the
Executive Officer of neighboring Panchayat came to the village and
distributed 125 quintals of rice in total, which was far less than
what is required.

Karanbaheli Panchayat has a quota of 273 quintals of rice per month
and it was more than 1000 quintals for four months between July to
October that the administration failed to provide. 16 out of 125
quintals was given to Karanbaheli village. The villagers currently
demand rice distribution for four months which they are legally
entitled to get.

Furthermore, rice was distributed only in two villages i.e.
Kuliadongri and Karanbaheli and partially in Chandel village. The
villagers of Badibahal and Dongriguda of Karanbaheli Panchayat have
not yet received their quota. Mr. Madhusudan Padhi, Secretary, of the
concerned department wrote in a mail that, “the rice (about 400
quintals) has been siphoned off….. the district administration had
been asked to ensure distribution.” He also instructed the district
administration to ask for the same quantity from Government and
assured that the matter would be followed up. Yet, no further step has
been taken so far. In neighboring Panchayat, Kusumjore was also found
that the BPL families have not received foodgrain for months.

While the administration was neglecting their duty for the poor, Mr.
Laxman died on November 25. He was a rickshaw driver living with his
wife, a daughter and 80 year-old mother. The BPL card in his parents'
name gave 30 kilograms of rice a month which was distributed among his
family and his brothers'. He also expected the government to offer job
under the scheme as drought hit the area but no job was available.
After rice distribution stopped in July, he found extremely difficult
to manage food and life, and got ill in October.

I am of the opinion that Laxman's death clearly explains how the
government's neglect and corruption drives a poor to death. I am aware
that there are more villagers who face same fate, children, widows and
elderly especially.

I therefore, urge you to provide all delayed foodgrain and other
social security schemes to all beneficiaries under your jurisdiction.
The administration should take immediate step to implement all to
prevent further death and hunger. It is not enough to send one
official with some rice to the affected areas reported, but as your
legal and administrative mandate, your authority should commit exactly
what laws and policies say. I will continuously monitor and inform to
the international society who is more concerned about hunger and food
insecurity in India. I would like to remind you of the fact that the
Government of India is legally binding to the international human
rights laws and state governments and local administrations are the
ones who are the main duty bearers to ensure freedom from hunger in
national and international context.
Posted by: Vipul Koul
Edited by:  Ashok Koul

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