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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME


Forwarded Urgent Appeal: AHRC-FUA-002-2011


21 January 2011
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INDIA: Illegal and brutal eviction throws slum dwellers on to the streets in Mumbai


ISSUES: Right to house; corruption; poverty; police violence; rule of law

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Dear friends,

The Asian Human Rights Commission (AHRC) is forwarding an
appeal from the National Alliance of People's Movements (NAPM)
concerning an illegal and forced eviction of slum dwellers in Mumbai, India. It is alleged that the eviction is undertake at the behest of a private property developer. It is reported that human rights activists
have started a fast in protest against the arrest of the protesters,
and further demanding an immediate end of the illegal eviction.



If you have further questions, please contact the following persons in India:

1. Mr. Sumit Wajale +91- 9892727063

2. Ms. Madhuri Variyath +91 - 9820619174

3. Mr. Shrikanth +91 - 9179148973


Urgent Appeals Desk

Asian Human Rights Commission (AHRC)


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20 January: In an absolute act of illegality and
inhumanity, the Mumbai district administration began demolitions of the
houses of the poor basti-dwellers (slum dwellers) at Gan esh Kripa
Society, Golibar today. When the people and the activists confronted
the administration, the administration used brute force upon the
people. Eyewitnesses have reported of barbaric behaviour by the police.
Male police officers in particular behaved in crude and humiliating
manner and manhandled some of the women, resulting in the their dress
being torn. It is reported that some police officers deliberately tried
to snatch the magalsuthra (a chain or thread on which South Asian women
wear wedlock) off from the women, an extremely humiliating conduct
against a woman in the Indian context. One of the officers pulled Ms.
Medha Patkar, an internationally acclaimed human rights activist, by
her hair. It is reported that the eviction is at the behest of a
private property developer, Shivali k Builders.


Persons taken into custody by the police are detained at different
police stations including Nirmal Nagar and Bandra-Kurla Police
Stations. The police officers responsible for the illegal actions
include Mr. Mahabdi, Mr. Rokde, Mr. Salunke, Ms. Lalavade and in
particular Senior Police Inspector Mr. Bagade who marched his force
into Ganesh Krupa Society and started demolishing dwellings and abusing
protestors.


Immediately, thousands of slum dwellers stormed the Western Express Highway


It is alleged that Shivalik Builders has no legal right over the
property. Should that be the case, instead of preventing an illegal
encroachment upon the dwellings of the poor, of which most of them have
perfected their title upon the property they posses by way of the
operation of law in India, the administration continues to demolish and
destroy huts and hearth of hundreds of poor familie s. Ms. Medha Patkar has begun a fast in protest against the incident. Thousands of basti (slum) dwellers across Mumbai
under the banner of Ghar Bachao Ghar Banao Andolan (save house, build
house movement) have united in solidarity with the detainees and those
who have already lost their property in the incident.


People from across the country are contacting the Nirmal Nagar Police Station (91-22-26471306 / 26470931) and SPI Bagade (+91-9821600134) requesting the immediate release of the detainees. Some persons have also contacted the Chief Minister of the state, Mr. Prithviraj Chavan (+91-22-22025151 and 22025222). Many have also sent emails to the Chief Minister at the minister's email address: chiefminister@maharashtra.gov.in


We also urge you to do the same.


Please request the administration to:

1. Immediately release all the detainees;

2. Immediately suspend from service and take disciplinary action
against all police officials and other persons involved in the illegal
demolition;

3. Register cases against those who participated in the illegal action and used criminal force upon the people;

4. Take legal actions against Shivalik Builders.

BACKGROUND INFORMATION:


Shivalik Builders: Another Saga of Illegality


In the name of 'slum rehabilitation' on 140 acres of land at Golibar in
Bandra, the Shivalik Ventures have breached law and taken up work on
the land leased out by the Maharashtra
Housing and Area Development Authority (MHADA) to at least 45
societies. In order to undertake any construction at least 70 percent
members of these societies have to give their consent. Such consent was
not given to the builder or to the MHADA so far by the members of these
societies. In addition, against the provisions of the Maharashtra Slum
Areas Act 1971, the slum rehabilitation scheme is converted into a,
what is known as the 3K-Cluster Project. This issue is challenged at
the Mumbai High Court.


The property developers have been trying to promote the project with
false claims as well as using violent and rep ressive means with the
help of the local police force and by employing thugs. They have
attempted to physically injure two local activists in the past.


The scheme itself is a fraud, committed with the blessings of the local
politicians and bureaucrats. It is estimated that 65 acres of land
belonging to the Defence Ministry has been illegally encroached already
and constructions made. These illegal constructions have to be
demolished.


Shivalik is now falsely claiming that what is built on the Defence
Ministry's land is only transit camps to accommodate those who are
evicted. In reality however, the real transit camps, wherever they
exist, are uninhabitable. Hence most of the evictees are staying in
rented premises. Additionally, the evictions were undertaken in such
haste that those who lost their houses were not given adequate notice.
Those who resisted faced brute force. It is also alleg ed that the same
property developers has encroached property belonging to the railways.


Even as the Adarsh and Lavasa construction scams continue to shame
Maharashtra, there are hundreds of big real-estate developers across
Mumbai and in the state who are the real encroachers, as against the
hard-working urban poor, who in fact contribute the most essential
services to the city.


We hope the Chief Minister will act quickly and initiate prompt actions
against these criminal elements that cheat the people and are looting
the nation.


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Urgent Appeals Desk

Asian Human Rights Commission (AHRC)













and demanded the release of the detained activists and that the illegal
and unjust demolition of their homes to be stopped immediately.
Notably, many houses now sought to be de molished exist for the past 55
to 60 years in the locality.


















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