nowhere to go...india and afkar india foundation, an ngo based in shamli, visited 12 resettlement...

NOWHERE TO GOTHE BROKEN PROMISES TO THE DISPLACED OF MUZAFFARNAGAR AND SHAMLI

First published in 2017 byAmnesty International India#235, 13th Cross, Indira Nagar, 2nd Stage, Bengaluru – 560038, Karnataka, India

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Cover photo: Mohammed Sajid, his wife and three children inside their makeshift tent home at a resettlement colony in Shahpur, Muzaffarnagar

Photos by Ruhani Kaur, Nadeem Khan, Arijit Sen & Abhirr VP for Amnesty International India

Designer: Mohammed Sajjad

Children stand in front of the makeshift toilet they are forced to use at the Manovar Hassan colony, Shamli.

Amnesty International India is part of the Amnesty International global human rights movement. Amnesty International India seeks to protect and promote the human rights of everyone in India. Our vision is for every person in India to enjoy all the rights enshrined in the Universal Declaration of Human Rights, other international human rights standards and the Constitution of India. We are independent of any government, political ideology, economic interest or religion, and are funded mainly by contributions from individual supporters.

“I remember every bit of the riots. But what can I do? Not everyone has money that can ensure that one’s children, parents can forget all this and restart life. Those who got compensation have moved on and those who didn’t have got stuck. Even now people are in trouble and are driven from pillar to post.”

Riyasat Maksood, Bavadi village, Muzaffarnagar

NOWHERE TO GO: THE BROKEN PROMISES TO THE DISPLACED OF MUZAFFARNAGAR AND SHAMLI 3 2 NOWHERE TO GO: THE BROKEN PROMISES TO THE DISPLACED OF MUZAFFARNAGAR AND SHAMLI

On 7 September 2013, at a massive gathering in a village outside Muzaffarnagar city, Hindu leaders from the dominant Jat community addressed a crowd of over 100,000 people. They had gathered to discuss the recent killings of two Hindu men in an altercation with Muslim men. The altercation had also prompted large gatherings previously, including by Muslim men, in other locations.

Inflammatory speeches were made, allegedly by Bharatiya Janata Party leaders, instigating Hindus to take revenge for the killings. The gathering was followed by an outbreak of violence in the neighboring districts. Over 60 people were killed in the clashes, which ended only after three days. Tens of thousands of Muslim families from about 140 villages were forced to flee their homes and take shelter in relief camps.

On 26 October 2013, the state government announced that it would provide a one-time compensation amount of INR 500,000 – for relocation and rehabilitation - to families from nine villages it said were the worst affected. Civil society organizations found that people living in the relief camps had been asked – as a precondition to receiving compensation – to sign an affidavit saying that they would not return to their villages, and that they would not demand compensation relating to any damage to any immovable property.

In December 2013, the Supreme Court, which was hearing several petitions related to the riots, expressed concern about media reports that over 50 children had died in the relief camps, and ordered the state government to provide immediate

remedial assistance. The state government subsequently began to demolish the relief camps, forcibly evicting many of those who had fled their homes in fear. About 30,000 Muslims relocated to 28 resettlement colonies in Muzaffarnagar and 37 resettlement colonies in Shamli, with the aid of civil society organizations.

Between August 2016 and April 2017, Amnesty International India and AFKAR India Foundation, an NGO based in Shamli, visited 12 resettlement colonies, met 65 families and analyzed the documentation of190 families who are still struggling to rebuild their lives in the absence of compensation.

According to government records, 980 families in Muzaffarnagar and 820 families in Shamli have received compensation so far from the nine identified villages. However about 200 families from these villages are still waiting to receive relocation compensation. In several cases, authorities have inconsistently applied their definition of a family to deny compensation. In others, families have had to face clerical errors and corruption. Many of these families live in horrific conditions in so-called relief colonies, with little access to water, sanitation, electricity and adequate housing.

The Uttar Pradesh government has failed to meet its obligations under international and Indian law to provide adequate remedy and reparation and protect the human rights of those displaced in 2013. Three years after the riots, hundreds of families in Muzaffarnagar continue to be denied their rights and dignity.

BACKGROUNDCOMPENSATION TO VICTIMS OF THE VIOLENCE

On 10 September 2013, the Uttar Pradesh state government announced that it would provide financial assistance to the families of

those killed or injured in the riots: INR 20,000 for persons who were injured; INR 50,000 for persons who were seriously injured,

and INR 100,000 to the family of each person who was killed. The government also said that it would provide INR 400 per month

to injured persons. The central government announced that it would provide INR 200,000 to the families of those killed, and INR

50,000 to those who were seriously injured, from the Prime Minister’s Relief Fund.

The state government also said that it would provide employment to one member of each of the families of 59 people who were killed.

On 26 October 2013 the state government stated that it would give about 1800 families from the nine “worst-affected villages”INR

500,000 as one-time assistance for resettlement and rehabilitation. The government said the compensation was meant to assist

families who did not find it safe to return to their villages. It also said that it had provided compensation for damage to property

caused in other villages, but did not take any other measures towards rehabilitation or resettlement. In February 2014, it increased

the compensation given to the families of those killed in the violence, and to the parents of children under 5 years of age who had

died in the relief camps.

A relief camp in Malakpur, Shamli district, where more than 4500 riot survivors lived till 2014. Image courtesy: http://www.indiaresists.com

MUZAFFARNAGAR SHAMLI

• Lisadh-Hassanpur • Lank • Bahavadi• Fugana • Kutaba • Kutbi • Kakda

• MohammadpurRaisingh • Mundbhar

NINE VILLAGES IDENTIFIED BY THE GOVERNMENT FOR COMPENSATION:

COMPENSATION PROMISED BY UTTAR PRADESH GOVERNMENT POST RIOTS

KILLED PEOPLE DISPLACED

60+

FAMILIES AMNESTY INTERNATIONAL INDIA AND AFKAR INDIA FOUNDATION MET IN 2017 THAT

HAVEN'T RECEIVED COMPENSATION.

190+

50,000+

20,000 FOR INJURED

50,000 FOR SERIOUSLY

INJURED

300,000 FOR FAMILY OF EACH

PERSON KILLED

500,000 FOR 1800 FAMILIES FROM NINE WORST-AFFECTED

VILLAGES.


Activist Harsh Mander, who has worked to defend the

rights of the survivors, told Amnesty International India:

“By selecting only nine villages, the state administration showed a callous disregard towards the riot survivors. The government selected only villages which saw significant loss of life and property. It ignored villages where people fled their homes because of fear and where people left their homes because they were ransacked or burnt down.”

Soon after the riots, several writ petitions were filed before the

Supreme Court seeking rehabilitative and protective measures

for the survivors. The court clubbed the petitions and delivered a

judgment on 26 March 2014 in the Mohammed Haroon v Union

of India case directing the state government to take steps to deal

with the situation more effectively.

The court ruled, “We prima facie hold state government responsible for negligence in preventing communal violence in Muzaffarnagar and adjoining areas.” It ordered the immediate

disbursal of compensation. It also ruled that people who had

received the one-time compensation of Rs 500,000 and had

then tried to return to their villages would not have to return the

compensation amount.

The Uttar Pradesh government’s one-time offer of financial

compensation did little to provide the comprehensive reparation

that those displaced by the Muzaffarnagar violence needed. Full

reparation goes beyond compensation, and involves elements of

restitution, rehabilitation and satisfaction, which were almost

completely ignored. In addition, as this briefing shows, many of

the families from the nine identified villages also did not receive

the compensation they were due.

“Relocation compensation is certainly necessary to help internally displaced citizens

re-build lives. However, it is merely one part of the package of comprehensive reparations

that states owe citizens when they fail to protect them. Comprehensive reparations to

survivors who are forcibly displaced by conflict are needed to not only enable them to

re-build lives of dignity but to acknowledge the gravity of their violation, and to establish

the principle of state failure and accountability for their suffering.”

FARAH NAQVI, Activist

Piles of bricks at the Idris Baigh resettlement colony, Shahpur.

COMPENSATION TO VICTIMS OF THE VIOLENCE


DENIAL OF COMPENSATIONAbout 190 families from the nine villages identified as ‘worst-affected’ by the government told Amnesty

International India that they had been denied compensation by the state. As a result, several of them have

been unable to afford education and healthcare for their children, and continue to live in makeshift relief

colonies in squalid conditions.

“Our good times have been pushed back by 10 years to 15 years. We cannot provide for the future of our children.” Amjad Khan displaced from Mohammadpur Raisingh village, now lives in Hussainpur colony with

his wife and children.

Children play near open sewage at the Manovar Hassan resettlement colony, Shamli.

LOSING FAITH: THE MUZAFFARNAGAR GANG-RAPE SURVIVORS' STRUGGLE FOR JUSTICE 9 8 LOSING FAITH: THE MUZAFFARNAGAR GANG-RAPE SURVIVORS' STRUGGLE FOR JUSTICE

DEFINING A ‘FAMILY’

Many families were denied compensation by authorities who

claimed – despite evidence to the contrary - that they were part

of a larger joint family which had already received compensation.

In Uttar Pradesh, as in many other parts of India, households

that live under the same roof are demarcated as separate units

depending on whether they use a separate kitchen. The Census

of India defines a household as “a group of persons who normally

live together and take their meals from a common kitchen”.

The census definition states: “The important link in finding out

whether it is a household or not, is a common kitchen. There may

be one member households, two member households or multi-

member households.”

The Chief Development officer of Muzaffarnagar district also

told Amnesty International India that the state government

defined a family using the same concept. He said,

“A family unit hinges on the idea of

“ek chhath aur ek chulla” [one roof and one

stove]. There can be many variations to

this but if a house has a kitchen then it is

considered as a separate household.”

However several families say that they were denied compensation

despite having separate kitchens, and often having ration cards

indicating that their addresses were different from those of their

relatives.

Amjad Khan, for example, used to live with his parents, three

brothers and a sister in Mohammadpur Raisingh village. Their

house had a common entrance, and separate rooms for each

nuclear family unit. Importantly, the parents and the brothers

all had independent cooking arrangements and used different

stoves. The absence of a common kitchen signified that they

were separate households. (NO PHOTO)

However, while Amjad Khan’s father Nawab Khan received Rs

5,25,000 as compensation in 2014, all the four brothers say

they were verbally told by different government officials that

they would not receive any money as they were part of the same

family. The brothers say they have filed several applications, but

to no avail.

Some of the families Amnesty International India spoke to also

have government identification documents such as ration cards

and voter identification cards with different addresses from

their family members. However they have also been denied

compensation.

Makeshift tent homes at the Manovar Hassan resettlement colony, Shamli.

75-YEAR-OLD ISLAM has five sons: Muntiaz, Shamshad,

Rashid, Jubaid and Dishad. Muntiaz and Shamshad have five

children each, while Rashid has two. Before the riots, Muntiaz,

Shamshad and Rashid lived separately in Kakra village – their

ration cards have different addresses on them. Following the

attacks, all the families were forced to leave their village, and

now live in a colony for riot victims.

While Islam received INR 500,000 as compensation in 2014, all

his sons were denied compensation on the ground that they had

been living together as one family.

75-OLD LATIF and his three sons Naushad, Irfan and Sammedin fled their

village following the riots. Naushadhas four children, Irfan two, and Sammedin

seven. While Latif received compensation from the state, authorities denied

compensation to his son, claiming they were one family, despite their having

ration cards with different addresses. Sammedin Latif died last year of a heart

attack. His wife Sammina said that he had been under immense stress

Mohammed Islam with some of his relatives at the Idris Baigh resettlement colony, Muzaffarnagar.

The money my father got as compensation has been spent. I showed my ration card to the government officials but they say that I won’t get compensation. This is really unfair. My children were going to the government school nearby, now I am thinking whether I should stop their education and get them to come with me and find work.”

– SHAMSHAD, Islam's eldest son

My husband died worry-ing about his family. We haven't got any compen-sation, we have no house and live in a makeshift space. I have to look af-ter my children now and it's very difficult to find a job. We are in a lot of debt: how can I repay it? Somedays it's difficult to buy any food and we go hungry. If anyone falls ill, what will I do? How will I afford treatment?”

– SAMMINA

Sammina Latif and her three children at the Idris Baigh resettlement colony in Shahpur, Muzaffarnagar.


GULZAR BABU, his wife Shabana and their four children fled

their home in Kakra village following the riots. Three years later,

the family is struggling to make ends meet. Gulzar Babu says

he has been told by the state government that he is not eligible

for compensation because he and his three brothers used to live

with his father, who had already received compensation.

In Lisar village, Shamli, Amnesty International India met

MOMIN, an owner of a small hardware store who said he is yet to

receive any compensation. Momin said, “During the riots, I was

away in Khekra. My children were in the village and so were my

four brothers and their families. After the riots everyone left.” He

reached his village a week later, to find that his house had been

looted and all his household goods stolen. While his brothers

received compensation of INR 500,000 each, Momin says he

was denied compensation by government officials for various

reasons.

Momin says he lost his identity documents during the riots - a

problem that other riot victims also faced, which made it difficult

for them to claim compensation and rebuild their lives.

I have two children and no money. It’s very difficult to educate them. We have received no help from the government for their education. We still have to pay fees in the govern-ment school, pay for their books and uniforms. How can I afford all this? We were forced to leave our villages, leave everything we owned.”

– SHABANA

The district officials would call us when the survey was being done. First they would say that we were staying in the same the house. Our main gate was shared, so they would say it is the same house. Sometimes they would say that I lived in Khekra, so I was not eligible.”

– MOMIN, owner of a small hardware store

Shabana and her children at the Idris Baigh resettlement colony in Shahpur, Muzaffarnagar

Momin with his family in Kandhla in Shamli district.

I want to tell the government that if they give us compensation, then we can make our house. Even if you can’t give us five lakhs, we beg you to give us at least two or three lakh. At least we will make a house to live. It’s very difficult to run a family of seven, Tahir is always outside trying to find work so that we can survive. My children are hungry most of the time."

– IMRANA

IMRANA, wife of Tahir, Kakra village: The lives

of Imrana and Tahir Jahid who have seven children

are no different. Tahir was forced to find work in

Rajasthan where he is employed in a brick kiln.

Tahir was denied relocation compensation by the

state authorities who said they had already gave it

to his father.

We have met many families who were denied compensation because the state started clubbing many families as one joint family. You tell me, how are four brothers who

have left their land, their house - everything they own - and who are married and have children, expected to live with 500,000 INR?"

– AKRAM AKTHAR CHAUDHARY, AFKAR India Foundation


THE RIGHT TO FULL AND ADEQUATE REPARATION

Victims of human rights abuses have a right to full and effective reparation under international

human rights law and standards. The right to reparation includes restitution, rehabilitation,

satisfaction and guarantees of non-repetition.

The UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims

of Gross Violations of International Human Rights Law and Serious Violations of International

Humanitarian Law states that reparation should seek to “as far as possible, wipe out all the

consequences of the illegal act and re-establish the situation which would, in all probability,

have existed if that act had not been committed.”

Compensation should be proportional to the gravity of the violation, and assessed based on

physical or mental harm, including pain, suffering and emotional distress; lost opportunities,

including employment and education; material damages and loss of earnings, including loss of

earning potential; moral damage; and costs required for legal or expert assistance, medicines

and medical services, and psychological and social services.

However while financial compensation is vital, it is only one of several elements of reparation.

Restitution is intended to restore survivors to the original situation that existed before the

violations, including return to their place of residence, restoration of employment and return

of property. While it may be difficult to restore victims of the Muzaffarnagar violence to their

original situation,which itself was one of inequality, the Uttar Pradesh government must make

a concerted effort to provide survivors with appropriate compensation and other forms of just

reparation that would enable them to lead their lives with dignity.

Rehabilitation measures must include medical and psychological care as well as legal and

social services. Adequate rehabilitation for the victims of Muzaffarnagar, says activist Farah

Naqvi, would involve restoring houses or constructing new dwellings, providing alternate

employment, restoring civic amenities and community structures, including schools and

health centers, long-term psychological counseling, and particular rehabilitation provisions for

women, including long term support and rehabilitation of those widowed.

Finally, satisfaction and guarantees of non-repetition include both individual and collective

processes, such as actions to prevent the recurrence of similar crimes, public acknowledgment

of the facts and acceptance of responsibility, prosecution of the perpetrators, and the restoration

of the dignity of victims through commemoration and other means.

An order by the District Magistrate, Budhana stating that Mukeen was not eligible for re-location compensation because his father had already been given compensation.

We conduct a detailed investigation and we give compensation to only those who were affected by the riots.”

– DISTRICT MAGISTRATE OF MUZAFFARNAGAR


BIASES IN SURVEYSThe process of identifying the families that were eligible for the

government’s one-time compensation was carried out by district

government officials. However several of those displaced by

the riots said that the survey procedure was inherently biased,

The villagers and the pradhan [village head] were effectively deciding which riot victim gets compensation. When the surveys were being done,one of the criteria to be eligible for compensation was that you should get a signed affidavit from the village Pradhan that you were living in the village and that you lived in an individual household. We have seen many cases where the pradhans have misused their power and have harassed many riot victims."


My name was in the survey list, but when we went to Lak during the survey, what we saw was that the local officials would delete our names because the villagers there would say we were not living in Lak… We protested a lot but nothing has happened. How can villagers, most of whom are accused in riot cases, decide whether we should get compensation or not? How is this fair? These people even told us that our names would be put on the list only if they got a share of the compensation money.”

– MOHAMMED RASHID

as it often relied on the testimonies of the Hindu neighbors of

displaced Muslim families, who may have themselves taken part

in the violence.

MOHAMMED RASHID and his two brothers fled their village Lak

during the riots. They were all denied relocation compensation

despite possessing documents including ration cards and voter ID

cards which showed that they were living in different households

in Lak.

ROSHAN SULAIMAN and his five brothers fled their houses

in Fugana during the riots. Only two of the six families received

compensation. Roshan says he is being denied compensation

because of the communal polarisation in his village:

Rashid was in Lak when the district administration was

conducting the survey for identifying riot victims. He says that

Hindu villagers in Lak - who were the only people consulted by

administration officials - were effectively deciding which of the

riot victims would get compensation.

When the government officials conducted a survey of riot affected villages, we learnt that those who attacked us and burnt our homes during the riots had told them that we were a single family living together. These officials didn't corroborate this information, and blindly gave relocation compensation only to my elder brother when in fact all six of us brothers were living independently.”

– ROSHAN SULAIMAN

My eldest son Irfan was called by the district authorities in Shamli when the government was conducting surveys for identifying riot victims for relocation compensation. They called him thrice, but all three times they told him that our family was not eligible for compensation.

All my children are daily laborers so they were not in the village during the riots, but their families were. Irfan saw our neighbors tell district authorities that we were not in our village when the riots happened, and so were not eligible for compensation. We have lost everything - our homes, our properties - and the state government is denying us compensation just because my sons were not in the village when the riots happened. How is this possible?"

– ASGAREE SAQEER

70-YEAR OLD ASGAREE SAQEER and his four

children lived in separate households in Shamli

district. She told Amnesty International India

that neither he nor his children had received any

compensation, and that the survey was biased:

In December 2014, three revenue officials were suspended for failing to identify riot victims properly,and causing a delay in providing compensation to 101 people in Hassanpur village. In February 2017, Amnesty International India found that at least 16 families in Hassanpur are still waiting to receive their compensation.

Roshan Sulaiman at his home in Kandhla in Shamli district.

Asgaree Saqeer at her home in Shamli district.


CLERICAL ERRORSIn at least two cases, compensation was denied to families on the

ground that it had already been paid to an older relative who had

died several years ago. 65-year-old YAMIN HAMID, who fled the

violence in Fugana village, was denied relocation compensation

by the Uttar Pradesh government on the ground that authorities

had already given relocation compensation to his father Hamid.

However Yamin’s father Hamid had died in 1985. The family

tried to use his death certificate to claim compensation, but they

were unsuccessful.

When I showed my father’s death certificate to the district magistrate, he promised to review the compensa-tion documents. But I haven’t heard anything from his office after that. I tried to get an appointment with the district magistrate many times but have not been able to meet him. I feel lost and tired and I have given up. I have been to Lucknow but there also I was turned away by the govern-ment’s officers. I left my village, left everything I had. How can they deny compensation to me by saying they gave it to my father who died many years ago?"

– YAMIN HAMID, Fugana village

Death certificate of Yamin's father, Hamid signed by Kairana Panchayat in Shamli district. The certificate states that Yamin's father passed away in the 1970s.

Death certificate of Yamin's father, Hamid signed by Kairana Panchayat in Shamli district. The certificate states that Yamin's father passed away in the 1970s.

Death certificate of Yamin’s father, Hamid with the seal of the Kairana Panchayat in Shamli district. The certificate states that Yamin’s father passed away in the 1970s.

An order by the district magistrate, Budhana stating that Yamin Hamid was denied compensation because his father had already received compensation.

Yamin Hamid at the Falah-e-aam resettlement colony in Muzaffarnagar.


When I asked the officials, they said that my father had already been giv-en the money. I asked them to show the details of the deposit, but they had nothing to say. The officials told me that I was wasting my time run-ning around for compensation, and that I should just accept that I would not get any. The district magistrate

promised us that an investi-gation would take place, but nothing has happened for the past three years.”

– MOHAMMED SHAFI, Fugana Village

MOHAMMED SHAFI, who also fled

Fugana village with his family, was

denied compensation on the ground

that his father had already been paid

compensation. Only, his father had died

30 years ago.

CORRUPTION OVER COMPENSATIONMany riot victims alleged that they had been forced to pay a percentage of the compensation money as a bribe to

government officials. The inconsistent application of the definition of a family appears to have made it easier for

officials to threaten to make a family ‘ineligible’ for compensation if they were not paid a bribe.

MOHAMMAD AYUB (name changed) from Kutba village says

he remembers every minute of the morning of 8 September.

His village had been tense following the news of a murder of

a Muslim man. Ayub is still grateful to his Jat neighbours who

helped him and some others to hide that morning.

Ayub sold his house last year to a Hindu family. “Who else will

stay there? There is not one Muslim in the village’, he said. Ayub

said he had received compensation, but his brothers Gulfam and

Irfan had not. It was made evident by government officials, Ayub

says, that one had to pay money to receive compensation.

MAHTAB MEHMOOD from Kutbi village says he still remembers

the day his neighbors attacked his family. His house was set

on fire and his family fled their village to a relief camp in

Shahpur. Three years later, he is struggling to get the relocation

compensation promised by the government.

The officials took their documents. They went through them and did their investigation. My name was there in the first list of victims. My brothers’ names were also there. But then someone removed the name, and another person’s name was inserted.”

– MOHAMMAD AYUB, Kutba village

My house in Kutbi was about five houses away from my father's house. When the sur-vey was being done, government authorities asked me to pay a bribe of INR 50,000 to put my name on the list. I refused. I have all the documents, like a ration card and a voter ID, to prove that I was living in Kutbi - why should I pay a bribe then? But at the end, only my father got compensation and my three other brothers and I were denied compensation.”

– MAHTAB MEHMOOD, Kutba village

Amnesty International India spoke to several government officials

from Muzaffarnagar and Shamli, but none of them were willing

to comment on allegations of corruption in the disbursal of

compensation.

Ayub says that of the INR 500,000, a victim stood to receive as

compensation, INR 150,000 had to be given as a bribe to the

administration officials. “We thought that if everybody is getting

compensation like this, we also have to take this route. So from

the compensation I got, I paid the official INR 245,000 . For

Gulfam and Irfan. I said I would pay INR 55,000 when the work

is done.”Ayub said the bribe worked.

Mohammed Shafi and his grandchildren at the Falah-e-aam resettlement colony in Muzaffarnagar.


DENIAL OF BASIC AMENITIES IN RIOT VICTIM COLONIES

I have heard state officials say the riot victims are basically living in camps because they want free food. I would wish that the state officials who claim this spend one night with their families in a relief camp and see whether anyone would chose the indignity, the lack of privacy, lack of

hygienic conditions, face extreme weather conditions, state hostility before they stereotype and blame riot victims.”

– HARSH MANDER, Activist

An open drain in front of a house at the Manovar Hassan resettlement colony, Shamli.


DENIAL OF BASIC AMENITIES IN RIOT VICTIM COLONIES

The families who were forced to flee their homes in Muzaffarnagar and Shamli districts are internally displaced persons, who are accorded several protections under international human rights law and standards. Authorities are obligated to provide them with adequate housing, water and sanitation facilities, and essential medical services.

Three years after the Muzaffarnagar riots, however, thousands of families continue to live in desperate conditions in makeshift houses with poor access to water and sanitation. According to Living Apart, a 2016 report by Aman Biradari and the AFKAR India Foundation on living conditions in 28 resettlement colonies in Muzaffarnagar and 37 in Shamli districts, an overwhelming majority of families in these colonies lack access to basic services.

THE REPORT STATES:

Only eight colonies out 28 of in Muzaffarnagar, and 11 out of 37 in Shamli, have personal toilets.

There are no public toilets in any of the colonies in Muzaffarnagar, while only 3% of the colonies in Shamli have public toilets.

61% of colonies in Muzaffarnagar and 70% of colonies in Shamli do not have drainage facilities.

82% of colonies in Muzaffarnagar and 97% of colonies in Shamli do not have clean and safe drinking water

54% of colonies in Muzaffarnagar and 81% of colonies in Shamli do not have personal electricity connections.

One of the main reasons why resettlement colonies don’t have any toilets, drinking water

and other basic amenities is because this is not an important issue for political parties in

the state. Even during the state elections, no one spoke about the living conditions of these

riot victims, no one cares about them.”


“In many colonies where riot victims live, there are no facilities for water, electricity or proper

toilets. At night, women are very reluctant to go to the toilets. They go together, in a group. It is

very dirty here. There is constant water logging and there is no proper drainage. There are so many

mosquitoes here. People get sick a lot.”

Mohammed Salim, President, Riot Victims Justice Committee, Muzaffarnagar District

The sole functional bore well at the Manovar Hassan resettlement colony.

Amnesty International India researchers visited six resettlement colonies: Falah-e-aam and Sarai in Muzaffarnagar, and Manovar Hassan, Idrees Beg, Safa and Al-Khair in Shamli – about their living conditions. Without exception, families in these colonies lived in unsanitary and dangerous conditions. Large pools of stagnant water, which provide breeding grounds for mosquitoes, were visible in all the colonies. In most colonies, toilets, which invariably lacked proper drainage, were shared by three or four households. Flies swarmed around open sewage, and rats were a common sight.

In some colonies, people used holes in the ground as toilets, their walls strung together from sticks and clothes. During the monsoons, residents said, excrement from the toilets would overflow into their makeshift houses.


FALAH-E-AAM COLONY

ZUBAIR and his family fled Lisar village after their house was

ransacked and burnt. When the violence ended, Zubair thought

that things would return to normal. But for three years, this daily

wage labourer has been struggling to put his life back together.

The Falah-e-aam colony was built by a local Muslim group with

no support from the state. The houses don’t have potable water

sources, public toilets, or electricity connections. Families who

live here say they have petitioned the state repeatedly for these

services, but nothing has been done so far.

WASEELA says the buckets she uses for storing water are

stained yellow because of the poor quality of water available at

the Manovar Hasan colony near Kairana in Shamli district. This

colony is one of many where the state government has failed to

provide safe and potable water for riot victims.

SYEDA her seven-year-old son and her husband Aash Mohammed,

a labourer, fled Fugana after a mob killed her father-in-law. The

family lives in Idris Beg, a colony for riot victims that was set up

without any government assistance. Aash Mohammed received

compensation for his father's death, which was used to construct

a house that even today has no water or electricity connections.

One of my two daughters was sick. I took her to Delhi to see a doctor, but she couldn’t survive. There are so many mosquitoes here in the colony. When it rains there is always water logging, and water comes inside the house. My wife delivered my daughter in these conditions. I am really helpless.”

– ZUBAIR

We were forced to leave all our belongings. The government has not given us any land to relocate, and we had to buy land and construct our house. We have no money left. The government promised us INR 500,000 for which we applied two years ago. We still haven't received any response from them. The place where we live has no electricity or water. At night, we struggle in the darkness. There is no drainage system, and there are just too many mosquitoes. It’s very difficult to live here.”

– SYEDA

You see the colour of the water, it’s yellow. You tell me how can we use this water for cooking and drinking? My children have fallen ill many times after we shifted to this colony. There are no facilities here - no electricity, no drinking water, the nearest hospital is in Kairana. We spend most of our money on treating our children who fall ill drinking this water.”

– WASEELA

In this colony, the hand water pump is is in the middle of a garbage dump. The water is yellow, and because of all this garbage, there are so many mosquito here. Most of the water pumps don’t work. We have been living here for three years. We left our home in Fugana, and till now the government has done nothing here. There is no medical center and no electricity. We keep falling sick all the time”

– RESHMA SALMAN

Zubair and his family in their home at the Flah-e-aam resettlement colony, Muzaffarnagar.

Syeda and her son in their home at Idris Beg colony.

Waseela shows the buckets she uses for carrying water from the bore well at the Manovar Hassan resettlement colony.

Mohammed Shahzad stands near an open drain at the Manovar Hassan resettlement colony, Shamli.

IDRIS BEG COLONY

MANOVAR HASAN COLONY

Reshma Salman drawing water from a bore well in the middle of a garbage pit at the Manovar Hassan resettlement colony, Shamli.

There are six water pumps here. But there is only one where the water is actually fit for drinking. If you take this water and leave it for some time, you will see how the water turns yellow.…Most of the children here have either malaria or cholera. When we go and ask the tehsildar why there are no facilities here, they tell us there is a new government and that we have to wait. For how long should we wait to just drink good water?.”

– MOHAMMED SHAHZAD


In this colony, four houses here have to share one toilet. There are at least 20 people in these four houses – it’s very difficult, especially for us women. At night, we have no option but to go to the fields. There are regular arguments and fights about who will use the toilet. Is this any way to live? In the mornings, because many people want to use the toilet, the children are forced to go to the fields. We hear about many schemes by the government about creating toilets, but nothing is happening here in Safa colony.”

– SAMMO

20 people from three households use one toilet here, and most of us are women… When one of is us using the toilet, you will find at least 10 waiting outside. It’s very difficult. When it rains, all the waste comes out and the drainage gets blocked. Don’t even ask about how we manage at night! There is no electricity and it’s very difficult, especially during the winters.”

– ANISHA

There are no proper drainage facilities here. I share the toilet with four other households. My children have to go in the fields. At night,it’s very difficult for us women because there is no electricity. The government has done nothing here. You tell me: should anyone live like this?.”

– MINA

I share a toilet with three other households. There is no proper waste disposal for the toilets here. The waste comes out most of the time. It always stinks here, and it’s difficult to live in this colony. There are many mosquitoes and there is no electricity, so it’s very difficult to sleep at night.”

– MOMINA

You can see how difficult it is to live here. There are only two hand pumps that work here, two pumps for nearly 300 people. There is no electricity. What is the point in living like this? It’s so hard for my children to live here, I am helpless. The government has absolutely done nothing here.”

– ABDUL KALAM

Sammo near the toilet in her home in Safa resettlement colony, which is shared with people from five other houses.

Anisha at her house in Safaresettlement colony, in which she shares a toilet with 20 other women.

Momina in her home at the Safa resettlement colony, Shamli.

Mina near the toilet in her home at the Safa resettlement colony, Shamli. Abdul Kalam and his family at the Al Khair resettlement colony, Shamli.

SAFA COLONY

AL-KHAIR COLONY


INTERNATIONAL STANDARDS ON RIGHTS OF INTERNALLY DISPLACED PERSONS

The United Nations Guiding Principles on Internal Displacement makes it clear that internally

displaced persons have the same civil, cultural, economic, political and social rights as anyone

else, and must not be discriminated against due to their status.

IDPs, as defined by the UN Guiding Principles, are persons or groups of persons who have been

forced or obliged to flee or to leave their homes or places of habitual residence, in particular as

a result of or in order to avoid the effects of armed conflict, situations of generalized violence,

violations of human rights or natural or human-made disasters, and who have not crossed an

internationally recognized State border.

The Principles require that persons should not be subjected to arbitrary displacement, and that

authorities ensure that displaced persons have an adequate standard of living. Critically, states

have a primary duty and a responsibility to establish the conditions, as well as provide the

means, to allow internally displaced persons to return voluntarily, in safety and with dignity, to

homes or places of habitual residence or to resettle voluntarily in another part of the country.

States should make special efforts to ensure the full participation of internally displaced persons

in the planning and management of their return, resettlement and reintegration. States must assist

returning displaced persons in recovering their property and possessions; and, when recovery is

not possible, ensure they receive just reparation. Unfortunately, India has no framework to deal

with internally displaced persons.

Activist Farah Naqvi says, “The fundamental problem in India is the absence of any acknowledgment

of the rights of IDPs. There is no national policy on conflict-induced displacement, and no justiciable

framework of rights to protect them. Thus, it is left to individual states to deal with each episode of

targeted violence, which leads to mass displacement, in an arbitrary and ad hoc manner.”

International human rights treaties to which India is a state party, including the International

Convention on Civil and Political Rights and the International Convention on Economic, Social and

Cultural Rights also recognize other rights particularly relevant to internally displaced persons.

These include the right to adequate housing, including the right to not be forcibly evicted from

land one occupies; the right to sufficient, safe, acceptable and affordable water; and the right

to safe, hygienic, secure, and acceptable sanitation. The rights to adequate housing, water

and sanitation have also recognized as being part of the right to life under Article 21 of the

Constitution of India.

Amnesty International India urges the government of Uttar Pradesh to:

– Establish an independent mechanism to reassess the damage caused to families during the Muzaffarnagar riots and provide full reparation, including compensation, rehabilitation and restitution.

– Ensure that all families living in resettlement colonies receive aid without delay to provide for their immediate needs, including housing, food, water, and health care.

– Conduct an audit of the conditions of the resettlement colonies, and take steps to ensure the rights of all those displaced by the Muzaffarnagar riots to adequate housing, water, sanitation, healthcare, and other rights, in consultation with them.

RECOMMENDATIONS

Harsh Mander, in his capacity as a Right to Food Commissioner appointed by the Supreme Court of

India, wrote to the chief secretary of Uttar Pradesh in December 2016 asking about the status of welfare

schemes in the resettlement colonies. The chief secretary in turn asked officials from the departments

for education, labour, electricity, public works’ the Muzaffarnagar and Shamli district social welfare and

district minority welfare departments; the water board; and the district supply officers and chief medical

officers, to reply. There has still been no response.

Amnesty International India urges the government of India to:

– Enact a robust law to prevent and respond to communal violence, which incorporates international human rights principles of relief, return, and resettlement.

– Establish a comprehensive national policy on internal displacement in line with international human rights standards, which provides for gathering information about the causes and patterns of displacement, and setting up mechanisms to prevent displacement, respond to immediate needs, and enable durable solutions, in

consultation with displaced persons.


AMNESTY INTERNATIONAL INDIA#235, 13th Cross, Indira Nagar, 2nd Stage

Bangalore – 560038. Karnataka, India

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The Manovar Hassan resettlement colony, Shamli.

nowhere to go...india and afkar india foundation, an ngo based in shamli, visited 12 resettlement...

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