Issues of Land Grab and Forceful Eviction of Dalit Community and Consequent Death of a Young Dalit
A Fact Finding Mission on Chander Prabha Shekhar Nagar, Indore
25-26 September, 2015
Written and Compiled by
Fact Finding Team
National Dalit Movement for Justice -
National Campaign on Dalit Human Rights
Fact Finding Mission
Acts of violence against Scheduled Castes and Scheduled Tribes have been officially recognised as atrocities under the SC/ST (Prevention of Atrocities) Act, 1989. To deter the occurrence of such crimes, higher penalties are awarded. These crimes occur on account of the ascribed caste in case of Dalits and ethnic identity in case of Adivasis and because, inter alia, they are minorities. Women and children from these two communities are particularly vulnerable to violence. In this process strengthening of the SC/ST PoA Act becomes crucial to curtail atrocities subjected on Dalit and Adivasi communities. However, in cases where the higher rungs of the state machinery itself is involved in acts of discrimination and violence the task for accessing justice becomes much more challenging.
National Dalit Movement for Justice (NDMJ) fundamentally focuses on the right to 'access to justice' by Dalit and Adivasis communities in the country. NDMJ aims to strengthen the justice delivery institutions and mechanisms with regular engagement with the Executive, Judiciary, and Policy makers in bringing the voice of the survivors to prominence, to ensure trial and justice.
The Fact Finding Mission was constituted by National Dalit Movement for Justice, National Forum for Human Rights (NFHR), and Yuva to analyze the situation of the evicted slum dwellers of Chandra Prabha Shekhar Nagar, Indore, the death of a Dalit youth and the violation of basic Human rights of the Dalit community as enshrined in the Constitution of India. The number of affected Dalit families is 1500. Within a short span of four months all families have been sent to the flats although 150 families were still living in the basti till 6th October, 2015 and fighting the case in court with the help of HRLN lawyers. They faced constant threat of eviction and harassment by police. Similarly, those who had shifted earlier also faced threats from the police as the police were picking up people and taking them to the thana. Since, the case involves the rehabilitation of 1500 Dalit families, it is the mandate of NDMJ to take up the case.
The act of forceful eviction also impacts children and women in many other different ways which leaves women and children in more vulnerable positions. Eviction also means relocating, in this case a settlement which inhabited the area of C P Shekhar Nagar, Mandi Pandrinath for almost half a century has been evicted and dislocated to an isolated area which is nearly 16 kms away from their previous habitation. Thus, raising many issues of livelihood, and human rights of Dalits and their survival.
Objectives of Fact Finding Mission
1. Document the facts pertaining to eviction of the Dalit basti of Chandra Prabha Shekhar Nagar, Indore,
2. To meet the residents of Chandra Prabha Shekhar Nagar basti,
3. Understand the socio-political economy of the Slum,
4. Document the cause of death of a Dalit Youth in the slum on 21st September, 2015,
5. To examine the violent events that followed 21st September, 2015,
6. To examine whether compensation has been granted to the victim's family,
7. Meet the evictees and understand the situation pre and post eviction,
8. Assess the responses of the State and Institutional commitment in relation with the laws of the land and human rights,
9. To investigate whether facilities are provided to the evictees in their new resettlement as committed by the collector of the region.
10. To investigate whether the facilities are provided as per the National and International Housing standards and laws.
Fact Finding Team
Policy and Advocacy Officer, NDMJ
Research Associate, NDMJ
National Co-Convener, NFHR
Child Rights Activist
It is important to understand the genesis of the basti (slum) in Chandra Prabha Shekhar Nagar and analyse the basis on which the slum became the backbone for the development and upkeep of the city. Indore city was part of the Malwa region and was ruled by Peshwa Bajirao and later by the Holkars. At present it is recognized as the 9th largest city with a population of 3.2 million people. Indore has developed as a commercial capital of the State of Madhya Pradesh with the stock exchange and industrial belt gaining space. The industrial belt demanded more labour and this attracted people from neighbouring states. Many families started migrating to Indore to take up the opportunities linked with employment. The residents of the Chandra Prabha Shekhar Nagar belong to Matang community which is a Scheduled Caste community.
Chandra Prabha Shekhar Nagar also saw the migrant labour settling on the banks of the River Khan (River Khan) which is no longer a river but a drain. Around 10 families migrated into Indore from the neighbouring State of Maharashtra in 1950s to 60s in search of employment, the slum was called Chander Bhaga Nagar, and it was also called Guatampura. By 1972, more families from Maharashtra migrated to the slum, the MLA at that time did a lot of humanitarian work and the slum was named after him, called Chandra Prabha Shekhar Nagar.
At present most of them are daily wage labourers, men work as builders, work in marriage functions as musicians and junk dealers. Most of the women within the community are engaged in the profession of rag-picking and some work in houses. Some people are also employed in the sanitation department. Traditionally, the community was engaged in begging, a handful of people still survive on begging.
In 1976, under the Gaddi Basti Unmulan Abhiyan, the residents of CP Shekhar Nagar were given cards; at that time there were around 600-700 families living in this slum and their main occupation was collecting waste. Soon they were also provided Electricity connections and under the ODIO project, roads were laid inside the basti, the residents were given piped water supply, electricity and some common facilities like Community hall, School etc.
Under the Madhya Pradesh Nagariya Kshetro Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam,1984, around 1000 families were given land entitlement (Pattas). This land titles were again renewed in 2003 after 30 years. In the meantime, the residents obtained all other documents like voter I cards, Aadhaar Card, etc.
In 1990-91, the residents faced demolition for the first time. Around 200 families were evicted and resettled in Vaishali, Chiktal Nagar, Ramabai Nagar. Since then the residents of the slum basti are living in the area peacefully and most of them work as ragpickers, small junk dealers, musicians, and sanitation staff both in the Municipality and also privately.
In spite of all these legal documents, with title deeds, the authorities have illegally tried to remove the slum in the name of development and beautification of Indore. The present eviction is said to have taken place while implementing an order of National Green Tribunal which says that all those structures on the either side of the river bank upto 30 meter should be removed. The river Khan is 90 metres long. An interesting fact is that only the area which covers the basti has been demolished. However, on the other side, neither the huge concrete structures nor the Nagar pallika shops have been demolished. This becomes a very clear case of dispossession under section 3 & 4 of the Patta Act 1984. It clearly states that anyone who dispossesses the Patta holder will have to reinstate them in the very land.
Facilities in the basti
• Location and Livelihood - Situated in the centre of the city, the basti was a great hub of economic gains as it is well connected. Therefore, the basti residents had ample scope to earn a living each day which led to the growth of the population within the basti. Since the basti has been a dwelling place for migrants over the past 40 to 50 years many facilities had come up within the area.
• Transportation – as the basti is situated in the centre of the main city, it is well connected. Men and women could find work easily in near proximity of the basti.
• Two Anganwadi Kendras - Both the centres were working to ensure that children get vaccinations and mothers receive adequate amount of nutrition.
• Health Facility - The government dispensary, a nursing home and the government hospital were nearby the basti. The proximity of health centres made it easy for people from the basti to access health facility.
• Water and electricity supply - There were four taps in the basti and some residents had piped water supply. There was electricity connection as well.
• Sanitation - One common toilet complex was built and was operational with maintenance by the basti nagar nigam employees.
• Education - The government had constructed a Primary School inside the slum cluster and Senior Secondary Government School No. 3 was also nearby where most of the children attended school. Since people worked close, the security of the children was not a problem and families lived close to each other.
Strategized /Planned Dislocation of Dalit Community
The area of land occupied by the residents of CP Shekhar Nagar basti is in the centre of the city with all facilities at near proximity. Due to its location the land becomes an extremely lucrative economic asset for the government. During the fact finding it was revealed that the entire eviction was a well strategized plan for removing the basti in the name of "development". Similar pattern of dislocation is being carried out throughout the country in the urban settlements in the name of beautification of cities.
The dislocation of people in this case also reflects the pattern of housing behavior followed in the villages where the Dalit communities are housed at a distance from the main village; similarly, the basti dwellers of C.P. Shekhar Nagar are shifted to the outskirts of the main city. Therefore, they are denied the right to prosper in the city, by keeping all the facilities of work, education and health care at bay.
Posting of Police personnel from the same community to negotiate the entire process of eviction and dislocation just four months prior to the whole eviction plan is a strategized move. Similarly, the SDM was transferred just before the final dislocation of people from the basti. The posting of people from the same community in these positions of authorities makes the legal litigation against the injustice done more problematic.
On the NGT order of clearance of 30 meter land on either side of the river, the high court instructed the IMC to carry out a survey in the locality and submit a detailed report on relocation plan of the residents of CP Shekhar whose houses are located on the banks of Khan (Khan) river. The court also directed the IMC and district administration to take consent of the residents who are to be shifted to new locations before they are evacuated from their existing location.
The Indore High Court was approached by the basti people represented by HRLN lawyers with a petition dated 4th August. The Indore High Court bench issued a stay order on demolition and forceful eviction of the people. Still eviction were carried out by the IMC and administration, houses were demolished on 18th August, then on 20th September. The HRLN lawyers filed a contempt of court vide No. 579/15 CONC. However, the final phase of forceful eviction was carried out on 8th October.
Situation in the Resettlements
Location Multistory flats
The fact finding team visited the site of Bada Barganda. The residents of CP Shekhar Nagar have been resettled outside the main city, about 16 km away. Not a single resident was informed about the relocation site, they were not even consulted. They have been denied their basic right to adequate housing. where around 1200 families have been shifted without basic amenities. The only available public transport is the magic vans which always have odd timings and would ply only when their van is totally full. The housing structure is flatted with vertical structures of G+3. Six units are there in one floor with one stairs shared by all three floors. In case of any emergency, evacuating 18 families would be problem. The stairways of almost all flats are damaged badly. The floors of the flats are hollow, they can't even support the weight of a bed, the floor gets broken as soon as a heavy table or bed is placed on it.The right to adequate housing for the marginalized Dalit community has been violated in the name of development.
Even though every house has pipes and taps fitted, there is no water supply. 2 tankers come once or sometimes twice a day. The residents are forced to carry big container through the stairways up to the second and third floors and stock water.
The residents have to stock water for entire day. There is a lot of confusion and often they fight for their turn. Laxmi Devi, resident of K block, said that every day they have to fight to get water, in case they don't fill enough containers, there is no other source of water, so the entire family has to live on little water used for drinking and cooking purposes. In some families old people have to carry water to their flats as they have got flats on the top floors which create inconvenience for them. In most of the cases it is women and little girls filling the water. Young girls go to fetch drinking water from the other side of the road, which lies in a secluded area adding to a security concern specially for girls and also for young boys.
There are no government hospitals nearby, emergencies such as pregnancy, any health mishap would create a big challenge. To take the patient to the city will be difficult in emergency cases. There are many infants who have not been given their routine vaccinations. The earning capacity of every household has reduced badly, this will lead to malnutrition. Since, there is no government hospitals close by hygiene is big issue among women. The resettlement area is surrounded by garbage of previous inhabitants of the area who live on the other side of the flats. These people were not given flats who were already staying just behind the flats, but the basti was evicted from CP Shekhar Nagar.
There is no Jan Suvidha Kendra (common toilets) in the locality. Every flat has individual toilet and bath space, but as there is no piped water supply, the commode can't be used as it requires good amount of water. In case the family uses the toilet with less water, the entire sewage line gets choked. Fearing overflow of sewerage, people have stopped using the personal toilets and go to defecate in open. Younger generation is not comfortable to go to open areas, so they are having a horrible time. On the other side of the flats stands an open drain coming from a nearby village, the area smells of sewage. In Shekhar Nagar the community toilet complex was there and fully functional with 24 hours water supply and sanitation staff used to keep it very clean.
Livelihood and Transportation
Most of the families living in the flatted structure are surviving on their saving. Men and women have not been able to go to the city early morning for work due to lack of transportation facility. Most of them leave for picking at 4.30 am in the morning. For most of the displaced families, demolition of homes has also meant loss of livelihoods and livelihood opportunities. Even if there are able to arrange a vehicle, by the time they reach the city almost all the waste is collected by other rag-pickers of the city. So their earning has reduced to less than half and their expenses have risen beyond control. Jaishankar said that he came to the city of Indore around 40 years back in search of work. He was trained by a Junk dealer and now he takes his cycle cart from one locality to to another and buy the discarded materials from houses. Since he has come to Barganda, he is not able to cycle his cart to such a distance, so he is not able to earn at all. Sahiba bi had a tea stall near Shekhar Nagar, now she has installed the teas stall in the locality, and her earning has dipped to a quarter.
Security of women and adolescent girls
Most of the women - Rukmini bai, Ganga and Narmada bai - worked as ragpickers. Now they can't go to work early in the morning. So their income has been impacted a lot. Since most of the ragpickers were women, they have no other option but to go to the city and work there for 2-3 days and then come back to the flat after earning for 2-3 days. Some women have stopped going to work and are at home. Also, with no work options some women and young girls might be pushed into prostitution thus increasing the vulnerability of women and especially, young girls.
The Dalit community before being shifted was told that there is a school for the children and they will not waste their year. After few days of shifting the teachers who were teaching them in Shekhar Nagar School came to teach them. In the absence of any school building or even some closed space, the teachers are taking classes in the open. The teaching is only oral recitation for primary classes. The other option is Holy Child school where it is not possible for all children to get admission. In most of the cases the children, mostly girls, are busy assisting their mothers with carrying water to different floors or looking after the house in case the mothers have gone out for work.
Another major overlapping of issues gets juxtaposed here with gender dynamics at play. As security and no earning become key players, girls are most affected as their education is discontinued. Adolescent girls have stopped going to school as there is no middle and secondary school, as there are no government schools nearby and the parents are not willing to send them far away into the city due to lack of security and also due to transportation scarcity. The girls are being denied their right to education. All this falls on the government's duty to provide for the people shifted.
Chronology of events
1950-60s: The Matang community migrated from Maharashtra into Indore
1976: Cards were given to the 600-700 families
1984: Land entitlements were given to 1000 families (Pattas)
1990-91: Ist Eviction in the basti around 200 families were evicted and shifted 15 kms away from the city in Chotabangarda in Panchsheel Nagar
2003: Land entitlements were renewed for those remaining 800 families
July 2015: National Green Tribunal Order to clear all structures on either side of Khan river (drain) upto 30 meters on both sides
July 2015: Dam gates were opened during the rainy season to create floods in the basti
17-18 July: Petition filed by HRLN lawyer representing basti people in the Indore High Court
July 2015: IMC verbally informed people to shift, nothing in writing
26 July: Collector guarantees to solve the issue of eviction
4 Aug. 2015: Converted petition to PIL with No. 5281/15WP to the High Court of Indore
14 Aug. 2015: Madhya Pradesh High Court issues an order – "people cannot be forcefully evicted"
16 Aug. 2015: Contempt of high court order, as the IMC officials told people to leave as trucks were arranged for people to shift, 1023 rotary opened violation of rotary law
18 Aug. 2015: IMC demolished around 800 houses without any written notice which was again contempt of court
19 Aug. 2015: 169 affidavits were filed by pattaholders families stating that they were forcefully told to leave Shekhar Nagar
20 Aug. 2015: Petitioner's Advocate Shanno Shagufta Khan Issued Notice to respondents for contempt of court
22 Aug. 2015: Contempt petition No.579/15 was filed
24 Aug 2015: 400 families left
25 Aug. 2015: Same Order had passed but with strict compliance of the order dt. 14/08/15
26 Aug. 2015: 1023 people in Indore High Court stated 'we were forced to leave, electricity and water connections were cut off'. The Indore High court bench asked the IMC to submit a reply by September 7 for contempt of court order.
7 Sept. 2015: Again Complaint filed by Shekhar Nagar people
14 Sept. 2015: IA filed by respondents for necessary directions to shift the residents of C.P Shekhar Nagar
16 Sept. 2015: "remove with due process"
16 Sept. 2015: HRLN filed a SLP in Supreme Court
18 Sept. 2015: HRLN Lawyers submitted and sent Copies of SLP to Collector, Nagar Nigam, SP Office Pandrinath
20 Sept. 2015: 'Sunday' - Bulldozers were brought into Chandra Prabha Shekhar Nagar, houses were partially dismantled
21 Sept. 2015: Anand, son of Totaram, and Kamla died due to the neglect of IMC
21 Sept. 2015: Women and children gheroed the police station to file an FIR against IMC for forceful eviction and death of Anand alias Anil.
21 Sept. 2015: Assistant Advocate Hemant lathi charged by the police personnel
22 Sept. 2015: Women and men arrested from within the basti and also from resettlement site
26 Sept. 2015: Totaram, father of deceased Anand, gave complaint to HRC, Commissioner, DGP, IG, S.P, Secretary of ST,SC Ministry
6 October 2015: 125 families in the basti forced by police to take Kabzapatra (flat allotment papers) and told to leave
6 October 2015: SLP filed 17589/15 Anand Lakhan Vs Government of Madhya Pradesh, Secretary and others
7 October: People in the basti were called to the Zonal office to receive Kabzapatra, but people refused
8 October 2015: MP High Court gave a Stay order for 119 families in CP Shekhar Nagar
8 October 2015: 100 families forcefully evicted though there was a stay order from the MP high court and interim stay order from Supreme Court
9 October 2015: Despite Interim Stay Order respondent had demolished the whole basti, although the respondents had duly informed them of the Order of the Stay.
Statements of Victims
Totaram (55) father of late Anand alias Anil, resident of C.P. Shekhar Nagar Phool Mandi, Harsidi, Indore, belonging to Matang scheduled caste community: We were seen as Dalits living in the basti. The people outside the basti saw us as dirty people. But we are the people who clean the city. Our women are involved in scrap picking. Men are involved in labour and building jobs and whatever work they get on a day to day basis.The Nagar Pallika workers were sent on 20th September, Sunday, to break down the houses on orders by the higher officials. And earlier also they made many people shift on a Sunday that was 16th August. This time also the walls were half broken which was very dangerous.
The police came and surrounded the place and the people felt threatened. Due to that many people left on 16th August because people felt threatened by the police and administration. As many people were given the impression that the basti will be broken and you may not receive the flat if you don't shift.
On 21 September morning, my son Anand went to see the wall as the day before the IMC had demolished houses next to his house. The walls were half broken with the cracks in it. The wall fell on him. We all rushed to bring him out of the debris. We went to the Arpan Hospital, we were told to take our son to Gokul Hospital from there again we were sent to ML Hospital. The hospital confirmed that my son was dead. This happened due to the Nagar Pallika.
We need appropriate compensation for our son's death. And his wife's treatment should be seen to by the administration. The girl is X passed, she should get a job and a home for herself.
Krishna, son of Totaram and elder brother of late Anand alias Anil: The police and administration had tried to divide the basti people. There are some people in politics, they also gave many promises, tried to tell us to vacate the basti and to take the flats. Now these people are nowhere in our struggle. It's important we need to stay together in the community for our rights. My brother died due to the order of nagar pallika high officials.The nagar pallika went against the stay order of the court. On 20th September the nagar pallika came to pull down the houses, they used hammers and loosened the walls. My brother Anand came under the debris and died.
Bhagwan (brother of late Anand alias Anil and Totaram's son: On 20th September, the nagar pallika had come to break the houses in the basti. Since, on orders by the high officials they were only breaking the walls in half, I had informed the nagar pallika people to pull down the cracked walls, as it could fall anytime but they didn't pay any heed.
On 21st September, Monday morning, after we all had breakfast my brother went and touched the wall and it fell on him. If they had listened to what I said my brother would not have died. He died due to the neglect of nagar pallika Indore.The nagar pallika deliberately broke half walls. They also created this entire flood scare and made people to vacate the basti.
Madhuri (20) wife of late Anand alias Anil, resident of C.P. Shekhar Nagar Phool Mandi, Harsidi, Indore, belonging to Matang scheduled caste community: My husband and I got married one and half years back. On 20th September, Sunday the Indore Municipal Corporation workers came to the basti to break the walls. On 21st September morning we just finished having food. My husband got up to see the wall as it seemed shaky. As he got up and touched the wall it fell on him. We rushed him to the hospital first we went to Arpan hospital, from there we went to Gokuldas and then finally we were going to M. L. hospital but he died on the way, the doctors also confirmed his death. My husband died due to the negligence of the nagar pallika. The police did not file the FIR when the people from the basti went to file the report.
Meera Tai resident of C.P. Shekhar Nagar Phool Mandi, Harsidi, Indore, belonging to Matang scheduled caste community: Most of us have been living here since 40 years. I myself got married and migrated to the basti as a young bride. We had all the facilities available here for us. Work is available here, school is here for children, the hospitals are close by. We had water and electricity supply. All of a sudden the nagar pallika has been after us to vacate the basti. Earlier in 1991 there were forced eviction and some people left. We all have pattas and all our documents are of this place.
On 20th September, Sunday, the nagar pallika people came and started to break the walls. Anand asked the Nagar pallika people, "Why are you breaking my house, I didn't receive a flat, so you cannot break the house". The nearby houses were broken, with half walls broken. The next day on 21st September, Anand went to see the wall which was badly cracked and it fell on him. We all ran to his rescue. We rushed him to the hospital. Mostly the family members with a few basti people went to the hospital.
The rest of us women from the basti went to the Kadrinath police station to file a complaint against the Nagar Pallika of Indore but the police did not file our complaint. By the time news of Anil's death reached us. This led to crying and howling by women.The women asked to file a complaint but the police personnel did not file a complaint. The police started to push us women and children also, we were very upset with the way the police behaved with us. We were hit by the police, the police used foul language, gender specific abusive language, and also called us Chamaar dirty people. Panchnama was not done.
Most importantly, when the police was committing atrocity on us it was not recorded but when the people were reacting they recorded only those portions.
Moreover, Advocate Hemant came to rescue us and to make a settlement but the police did not listen to him. The police lathi charged him. We were shocked to see the police behavior as they hit our lawyer, someone we thought whom the police cannot commit atrocity against. If the police had done its duty of filing our complaint in the first place all this would not have happened. All this happened because of police neglect and atrocity against us Dalit people - men, women and children.
Now, the police are picking up people, men and women, some of them are also picking up children at night. People are coming to work and the police are picking them up. We are scared to go to work as we may be picked up by the police.
Statements of State Officials
Meeting with Harbhajan Singh, Senior City Engineer, IMC
The Fact finding team went to meet Mr Harbhajan Singh, Senior city Engineer, Indore Municipal Corporation on September 25th, 2015. The employees informed us that Mr. Harbhajan Singh had left for the day. We tried to call at the numbers we were provided by his office, but he did not pick our phone. His number was also tried from the office but he did not respond to the call.
Meeting with Thana Incharge Mr. Sanju Kamble
Fact Finding Team - Are the people being forcefully evicted from the basti?
Thana Incharge – The flats are being given. 80% people are good only 20% people are engaged in fights and spoiling the atmosphere. I cannot say if the 150 families will stay. It all depends on the collector's orders if the remaining families have to be shifted. Anand was taking out his household things. And the wall fell on him. It's the 20% ratio which always creates a problem.
Fact Finding Team - How come the houses were broken down against the SPL of the honourable Supreme Court's Order?
Thana Incharge - There was no investigation and no one was in the basti on the day of 20th September, 2015. But the families which had left the abandoned houses those were broken down. The government wants to shift them for their betterment. Today you are wearing clean clothes. Now can you go there and stay like them in dirty filthy clothes? Now I use an Android phone I cannot go back to a normal phone. Am used to Android. I want better. Now people will want to become better. Atmosphere will change, it will not go down. They will be in a better situation in the flats. Here they used to stay on the drain (Khan river). You will not be able to stand there. They are shifted for their betterment. Schools are opening. Teachers are sent there to teach.
The things which can be done systematically legally should be done. Action will be taken against those involved in pelting stones at passersby's cars. Why should others face loss? What if other's property is destroyed? What can be done is that a case of neglect can be filed in the case of death of Anil.
SHO Mr. Sihit Upadhayay
SHO – you see this situation was very well handled by TI Mr. Kamble. He was the one who took steps to make sure that these people are handled. They created a lot of mess. Kamble was the person who can handle them and he spoke to them. He is like family member trying to sort things out.
Meeting with SDM, Narendra Pandey
Fact Finding Team - We came here regarding the CP Shekhar Nagar case, we read in the newspapers that the people are forcefully evicted. We met the Thana incharge at Pandrinath police station and he advised us to meet you.
SDM – The people will be in a better position to say. You will see the change in their lives, go to the places where they have been shifted in Bada Bhargda. You see we are employees. The High court order was that we cannot forcefully evict the people. The order was followed. If not, it was a very small thing for the administration to throw them out in three days if needed. Secondly, whoever is staying there, municipal corporation has given the residents flats whether they are alottees or not.
Municipal Corporation is very liberal in allotting the flats to the residents of CP Shekhar Nagar. These flats are made for these people only. First it was like only those with relevant pattas would be given flats. The nagar nigam took the decision that everybody to be given flats without discrimination. If you trust us so trust us. What I know I am telling you. Some 1425 families are staying and something comes up and it's not reported that is not possible. How can they be evicted like that?
The trucks came and they left. The kind of life they were leading there. You cannot go and stand there for long. There was flood and the entire sewage of the city was blocked in that area. I was there around 12 in the night. We cannot tolerate living like that. Where they are sent now, they have their own flats - Hall, room, kitchen and balcony. And here they were staying in a slum. They drank the gutter water.
The Indore High court bench is monitoring the situation periodically. Even the lawyers of the slum dwellers are submitting their weekly reports on the status of the people. The senior officials have been reporting on the status of the slum dwellers. It is very difficult, rather impossible, in today's age of media prominence that forceful eviction could go unnoticed by the high court. If there is any incident of accident they should have reported it in the court on a working day. But I do regret what happened. It was wrong. Many things that happened at the site go beyond my individual mandate. Since the matter is in the court I will refrain from telling anything further.
What happened to the lawyer was not right. But there is a way of putting across your stand. I was with them for the past one month. We were with the family. Gave them poha for breakfast. Not out of any favour but our duty. Media sensitizes the issue. Media never helps people in any mishap. No comments on media.
Fact Finding Team – What about the families that are left behind and compensation to the family?
SDM – I don't want to say anything on those left in the basti. Death was an accident. Whatever scrap which was left like tin sheets or bricks they used to sell to scrap dealers. It's very sad that a young boy died but it was simply an accident. It's been 2 days since the boy's death. We tried to give them an amount of 25,000 rupees as relief, but the family refused. After sometime when the family is a bit settled we will speak to them of compensation.
Now the flats the administration is giving are worth 10 to 12 lakhs each according to market value. If the government is doing this much surely something will be done. I have worked with them more than one month. And I was attacked. It was very shameful for me. The behavior was very bad, if it was someone's fault then its fine but if there was nothing like that. I was in the meeting. The TI was not there. However, the best will be done. We will try to do the best. Rest the higher authorities know.
I don't know if there is any master plan for the area. Nagar nigam can tell you all these details. As SDM I have told you the things I know. I have briefed you with the scenario and the current situation. I felt I should tell you the truth so I have told you. You can go and verify the other things.
You can take any documents from the nagar nigam office, as the project is theirs. I'm only here as SDM to see to the law and order.
Statements of a few people in the settlement (Bada Bangarda)
Fact finding Team - Questions asked:
How do you feel after shifting to the flats?
Are you satisfied with the facilities provided?
How many children are there on an average in each family?
Is there a school and hospital nearby?
Sitabai (name changed) – (rag-picker) Shifted to Resettlement Site and belongs to Scheduled Caste Matang Community
We had to come here because of the circumstances which happened, but there are no facilities here. We are having problems of water and livelihood here. No work here. Major problem is the distance. Earning has become a major problem for us. Our work starts as early as 4:30 in the morning, there is no commuting facility, so no work. Some of us pool together and go in auto. Sometimes I earn 100 or 150 rupees a day. 50 rupees goes on commuting, sometimes I eat poha as I feel hungry. So am left with little money. My husband works at the scrap dealer's shop. It's been 3-4 days now, we are not going to work because the police are picking up people. Many men and women are not going to work.
There are around 3 to 4 children in one house. I have 3 children. My boys used to go to school when we were in the basti but not here. Sometimes the school teacher comes but it's only oral class in the block. No studies as such.
Raju (name changed, works at the scrap dealer shop) - Shifted to Resettlement Site and belongs to Scheduled Caste Matang Community
There is a lot of problem here, no work close by and we cannot move out as the police is arresting the multi people as well. The police came here and was arresting people. Even now they are arresting men and women who are going to work in the city.
There is a private hospital here, but no government hospital. We have to take auto to go to the hospital. There are no buses also to go in case of emergency. One lady was pregnant, since there was no government hospital close by she was taken to the city, she delivered on the way but the child died. She is not keeping well.
Kapil's Wife – Shifted to Resettlement Site and belongs to Scheduled Caste Matang Community
I used to work when we were in the basti. We had a small makeshift shop (Kirana Shop). That was also broken down. Me and my husband use to run the shop, my great grand father-in-law had opened the shop long back. Now he is old, so I used to run the shop. But now we don't have a shop as it was broken down by the nagar nigam and we did not receive compensation for our shop.
There are no government schools close by. There is a makeshift school in the multi. Only one teacher comes sometimes and children sit in the shade of the blocks. There is no written education, only oral recitation. My children went to government school number 3 just adjacent to the basti. It was a few minutes' walk for the children. Our children got admission through RTE forms. The education was free till XII. Now I have put my children in Holy Cross School, but because there is a commuting problem, the children get late for school sometimes so they are not allowed to enter.
Sometimes there were floods. It used to rain and the water used to come into our houses. So this time the floods were severe. Some people were saying this time, the water was released into the basti deliberately. But it was very bad when it happened. We had to leave. This year the floods were very strong, our elders said they saw this kind of floods after 20 to 25 years. We are hoping to get jobs as promised by the collector in companies. I need a job and compensation for my shop.
Sitabai and Kapil's wife (names changed) – Now that we are here we want all facilities to be provided, from water and hospitals to work opportunities and education for our children. We want our children to have a better future than us.
Collector said, "If you go there, I will provide you all with work, company will be opened and you will get jobs, but vacate the basti".
Swaraswati – No, not now. I used to work when we were in the basti. Whatever work I found on daily basis I did. Sometimes I used to pick polythene. But now there is no work. I cannot go out to find work. Work is in the main city, there is no work here, no buses. Who will give 60-70 rupees a day to travel by auto? I cannot afford it. My husband used to play music at weddings. Now he is also home. We have borrowed 500 rupees which we have to pay back with interest.
We also don't have water. Water comes in the taps once in four days. Most of the time the pipes are blocked. In the basti every morning water used to come. There were taps in four places in the basti, here in the flats we have taps but there is no water. We fill water from the tanker and take it up to our house. It is difficult for those who are on the second and third floors. The tanker comes once or twice in the day. What else to do?
Tai (Old Lady) – I came to the basti as a bride. I'm here since 45 years. Since we shifted here, my sons are not going to work due to police threat. Water is a huge problem here. Tanker comes we can use it for washing purpose, not for drinking. For drinking water we have to go outside the flats, cross the road and get water from the other side. Mostly girls bring the water. Old people like us have a lot of problem.The police are creating a problem for us. They are arresting youngsters, so nobody is going to work. We were far better in the basti. We are thrown here with no facilities. "A woman lost her child here because there is no hospital. No work, no hospital. What will we do with these buildings?" Since we shifted 8 people have died, both here and in the basti.
Another resident – No information about the floods was given. Generally, when the water used to rise, the information was given, emergency lights used to be switched on.This year in July it rained for three days, but the water did not rise, suddenly within 2 hours the basti was flooded. How come? People really need to think! The water came till mata's mandir. Till now the dirt is there, the nagar nigam has not cleaned it, whatever the basti people could clean they have done it because they are staying there. The nagar nigam did nothing.We don't see any neta, no official coming to visit us now. Only the police come here to keep an eye on us and pick up innocent people.
Another resident – There are no facilities here. I used to work in the Sewa Bharati school, now I cannot go to work, there is so much responsibility on my head, the tanker comes in I have to fill the water, who else will do it for me. In the basti I used to fill the water early in the morning and then go to work. Here, there is no fixed time for tankers coming in, I have to be here to fill water and cater to my family.
Classes held in the open in the parking under the blocks are orally conducted. They said a school is there, but no school. My children still go to school in the city. My husband drops them and they come back in the vans. They are in second standard, we taught them to cross the roads safely. Since coming here, most of the kids have dropped out due to the distance.
There is no government hospital, only private hospital. We are not rich people we cannot afford private hospital. The political parties were all there now there are no one. One lady lost her newborn baby because there is no facility.
Legal Intervention and Present Status
2015 Forced Eviction and Demolition of Basti
In spite of all basti dwellers having legal documents, with a title deed, the authorities have illegally tried to remove the slum in the name of development and beautification of Indore. The present eviction is said to have taken place while implementing an order of National Green Tribunal which says that all those structures on the either side of the river bank upto 30 meter should be removed. The river Kahn (Khan) is 16 km long. An interesting fact is that only the area which covers the basti has been demolished however, on the other side huge concrete structures are not demolished neither the Nagar pallika shops.
The first phase of eviction was carried on 16th August 2015, the people were told to leave. The next eviction was 24th August and then finally on 8th October 2015 despite the stay orders of the high court the demolition and eviction was carried on by the collector, IMC officials, SDM, and Divisional Commission.
On August 16th 2015 the residents moved the court and got a stay order restraining the officials to demolish the slum. But the Municipal officials and Engineers continued to lure people for one house per family and around 852 families were shifted to a new locality called Bada-Bangarda, which is around 15 kms away from the original settlement. However, the people were lured, misleaded and threatened.
On the denial by the police of lodging an FIR on Anand's death, Adv. Hemant was on his way to Pandrinath P.S. to file an FIR. As he reached the P.S., the police started caning him with lathi and confined him at the thana. He called his senior lawyer in the case Adv. Shanno Khan informing her about the incident. She arrived along with 8-10 lawyers to the thana lodged FIR against Police who thrashed Adv. Hemant.
On the very next date members of the bar council Indore HC filed application as an intervener in WP 5281/15 an no such separate petition has been filed.
On 8th October, 2015 the High Court gave a stay order. A fresh petition was filed in the case of police torture on Advocate HemantParmar and for 116 patta holders. Fresh petition was clubbed with the ongoing petition, and the Court directed a hearing on 13th Oct. Few orders were passed in the case of HemantParmar beating case. And the previous interim relief was continued with ongoing petition (no forcefully eviction). Court appointed Shri. PiyushMathur, a learned senior council as Amicus Curiae in this case.
During the entire course of the eviction, the SDM NarendraPandey was transferred and Ms. SapnaShivale was posted as the new SDM. On 8th October, 2015 SDM SapnaShivale&Tehsildar Anita Chakotiya entered the slum with force of 250 police including 70 ladies police, along with superintendent of police, Thana InchargeSanjuKamble, Municipal officers Khare&Harbhajan Singh and 100 members' demolition team. Community leaders told SapnaShivale about the stay order to which no heed was paid.
The certified copy was intentionally delayed, and given to the lawyer and members of civil society by 5.15 PM. By the time they reached, 100 houses were demolished and few has been given KABJA PATRA forcefully and were told that they will be demolished on 9th October. Several Men, women & Children were badly beaten.
9th Oct, was a black day for the residence of Shekhar Nagar and it was reported in the newspapers as well. The basti's advocate along with the civil society members and local residents of Shekhar Nagar SonuKhuprao tried to speak with Justice PK Jaiswal to file a complaint. The justice asked them to file another contempt of court order by IMC. By the time they reached the basti all the houses were demolished.
On date 9 council appeared before the Division bench to mention about the seriousness of the matter that the respondants (authorities) are demolishing the CP ShekharNahgar after passing an Order of Stay but the court neglected to give the mention and was not ready to hear the council stating that they should come on the date on which the matter is listed the same was listed on 13th of Oct.
Adv. ShaguftaShanno Khan HRLN lawyer in the case has filed fresh applications on 13th October, 2015 against contempt of court order and forceful eviction of the remaining families from the basti.
The support of the civil society was really strong, Anand Lakhan, Co-convenor NFHR immediately contacted lawyer of HRLN and arranged for immediate relief of stay for the slum dwellers. On the very next day of demolition, they got the stay order against demolition. Since the police and the IMC officials were not accepting the Stay order, the civil society brought the lawyer to the basti and made her speak with Shri Harbhajan Singh. Immediately after, the demolition was stopped. In case the lawyer did not argue with the officials in the basti, the entire colony would have been razed without any fear of Court by the IMC authority.
Various groups and individual activists working with ragpickers and also with the community came in and started assisting the protesting community. Some of the members of the community were aware of various government provisions, so with the help of Uttam Jadhav, Sonu Khoprao, continuous meetings were organized to educate the community. There was a lot of confusion among the residents, first they had no idea why these dwelling units were razed. They were also confused because inspite of the stay order by Indore High Court, the officials were not ready to stop the eviction. Soon HRLN contacted NDMJ to join in the fact finding in the case.
Violation of National and International laws
During the fact finding mission, after meeting with the community and talking to the evicted community as well as the residents, it was revealed that serious human right violations has taken place during the eviction and at the time of resettlement of the evicted families. The government has failed to abide by its constitutional and international legal obligations to protect and guarantee the rights to life, education, health, food, adequate housing, and work/livelihood to its citizens. Reaffirming the principle of indivisibility of all human rights, the fundamental right to life encompasses the right to live with human dignity. The marginalized community has once again been further dislocated and is grappling for its survival.
Constitution of India
The fundamental rights violated
• Article 14: Equality before law
• Article 15 (1): Non-discrimination on grounds of religion, race, caste, sex, place of birth
• Article 15 (3): Special provisions in favour of women and children based on the principle of protective discrimination
• Article 16: Equality of opportunity in matters relating to employment or appointment of any office under the State
• Article 19 (1) (d): Freedom to move freely throughout the territory of India
• Article 19 (1) (e): Freedom to reside and settle in any part of the territory of India
• Article 19 (1) (g): Right of all citizens to practice any profession, or to carry on any occupation, trade or business
• Article 21: Right to life and personal liberty
• Article 21 (a): Right to education
• Article 39 (a): State policy to be directed to securing for both men and women equally the right to an adequate means of livelihood
• Article 42: Provisions to be made by the State for securing just and humane conditions of work and for maternity relief
• Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health
Violation of Nationals Laws and policies
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Since the entire basti belonged to (Dalit) SC community.
The Madhya Pradesh Nagariya Kshetro Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984: Many families had the land title with them, which was given to them in 1984 and later renewed in 2003. The Act says that a patta holder can't be dispossessed of their legal entitlement, in case an entitled person is removed, the evicted family has to be reinstated back in the basti with the same amenities.
The Right of Children to Free and Compulsory Education Act, 2009: Closure of the Primary school a few days before the demolition is a clear sign of violation of child rights. Moreover, the ad hoc arrangement for school in the new site is also not sufficient. There are no middle and secondary schools in the area. The government has not declared whether the school building will be constructed and proper classes with all basic amenities in the school will be provided for. The children are majorly impacted due to distance and lack of transport facility. The girl children are the worst sufferers. The children do not have a school within the 3 km radius, neither are there any facilities provided in the ad hoc schools started in the blocks of the resettlements.
This is a make shift school arrangement under the blocks, with a black board.
National Urban Housing and Habitat Policy, 2007: the Policy has not at all been implemented at the grass root. The present demolition is also violation of the policy.
The National Resettlement and Rehabilitation Policy, 2007: None of the provision drawn under this policy has been implemented or followed.
Master plan of Indore: Gross violation of Master Plan which talks about 15 % land to the EWS and insitu upgradation should be followed.
General Comment 7 adopted in 1997 by the UN Committee on Economic, Social and Cultural Rights defines forced evictions as the, "permanent or temporary removal against the will of individuals, families or communities from their homes or land, which they occupy, without the provision of, and access to, appropriate forms of legal or other protection."
The demolition is gross violation of the following international provisions.
• Universal Declaration of Human Rights
• International Covenant on Economic Social and Cultural Rights
• Convention on the Elimination of All Forms of Discrimination against Women (Article 14.2 (h),
• the Convention on the Rights of the Child (Article 27),
• the International Convention on the Elimination of All Forms of Racial Discrimination (Article 5(e), and
• The International Covenant on Civil and Political Rights (Article 17).
• International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (Article 43.1); the Convention Related to the Status of Refugees (Article 21); and the Convention on the Rights of Persons with Disabilities (Article 28).
• UN Guidelines for both state and non-state actors during the three stages of evictions: prior, during and after.
1. No written notice was provided to the residents of Chandra Prabha Shekhar Nagar, the demolition drive started in august. Residents were not given enough time to collect their belongings. The authorities could not explain the urgency of the action and told the people to shift,
2. The forced eviction of the slum dwellers of Chandra Prabha Shekhar Nagar is a gross violation of their human rights to life, security of the person and home, health, work/livelihood, education, food, water, and adequate housing, which is the right of all women, men and children to gain and sustain a secure place to live in peace and dignity,
3. The evictions was done during the rainy season which itself constitutes to violation of the fundamental right of the people.
4. Intentionally water was released in order to create floods in the basti as many people were stating that,
5. The presence of so many police personnel, use of force and violence against the residents especially women and children is uncalled for and was against the court order of "no use of force and having people's consent to shift". The respondents (state government authorities) have violated the Constitution of India, national laws and policies related to housing and resettlement, and several judgments of the Supreme Court of India, which have held that the right to adequate housing is a fundamental right emanating from the right to life protected by Article 21 of the constitution,
6. The police has been consistently against the public interest and has not followed the legal procedures as Advocate Hemant the assistant advocate representing the Dalit community before the court of law was caned by the police due to which he suffered many injuries, the Bar council of Indore High Court filed a case against atrocity by the police on the lawyer,
7. The police also arrested a senior activist Madhuriben and kept her under police custody for two days,
8. Since the Madhya Pradesh High Court gave stay order on demolition, the authorities continued with their demolition drive without giving any cognizance to the court's order, which is clearly a matter of contempt of court order as on 8th October, despite a stay order all the remaining families were forcefully evicted to the resettlement area,
9. The NGT's order of 30 meter clearance from either side of the river kahn (drain Kahn) was extended on the entire Dalit basti only and not on the other side where concrete buildings stand tall,
10. While many of the evicts had the land title in their name under the Madhya Pradesh Patta Act 1984, still the Madhya Pradesh State government and collector of the region went ahead with dispossessing them from their legal entitlement which is a gross violation of the legislature of our country,
11. The slum clearance and the Indore Master Plan gave a complete mandate for in situ upgradation of the slum dwellers. This amounts to clear violation of statutory provisions laid by the law of the land,
12. The resettlement site identified for relocating the residents of Chandra Prabha Shekhar Nagar is outside the city limits and with no means of transport provided. The conditions of the flats are despicable; by no means the area identified is habitable, by forcefully relocating 1500 families, the government has violated the constitutional rights and international provision of adequate housing,
13. The families which have been moved to Bada Barganda area are living in abysmal conditions without any basic amenities. The structure built 3 years back (as claimed by the government) is in pathetic condition. The quality of building material used is very poor. Housing such a huge population in such building without any safety device is violation of article 21 of the Constitution,
14. Earlier the people were not informed about the amount of Rs. 1 lakh, 20 thousands they are to pay on installments towards the flats,
15. Instead of giving compensation to the evicts, the government will be charging them Rs. 1000 per month for the loan amount, also additional water and electricity charges are to be paid by the residents,
16. With no work in hand, they will be forced to pay such an amount along with the high cost of travel to the city will lead to a further deterioration of the quality of their life, and may leave the young population specially women in vulnerable situation,
17. As a consequence of urgent action of demolition, children have been devoid of schooling and the rate of drop-out has increased disproportionately. Though there is a make-shift class room arrangement, with one teacher taking class orally for primary level, there is a paucity of schools near the resettlement,
18. The number of girls attending elementary and secondary school has dropped drastically, as distance is a problem. This again is creating a vicious circle of Dalit girls not attending school,
19. The police booked around 150 members of the Dalit community under sections 147, 148, 149, 151, 294, 353, 427 of IPC. The police started arresting Dalit men and women when they were on their way to work,
20. Given the current situation of threat from the police majority of men and women are not going to work,
21. Even though 119 families got a stay order from the Madhya Pradesh High court on 8th October, the basti was demolished on orders of Collector and Indore Municipal Corporation and SDM,
22. People were forced to leave as they had nowhere to go on 8th October, the administration and authorities went against the interim stay order passed by the Supreme Court of India,
23. IMC and SDM have repeatedly violated the stay orders of the Honorable High court of Indore and Supreme Court of India,
24. The resettlement site already has a basti sort of a habitation behind the flats, and the people living there have not been provided any flats but the basti dwellers have been shifted here. This clearly depicts the issue of land grab within the centre of the city and relocating people away from the main centre of the city,
25. The then SDM Narendra Pandey has been transferred and person from the Dalit community has been appointed as SDM of the area.
26. Since, the families have been forcefully shifted, the community has seen 8 deaths, some have died due to the impact of the entire procedure of eviction and some have died in the resettlement due to lack of health facilities. As in one of the incidents a pregnant woman in her labour pains lost her baby on the way to the hospital in the city since there is no government hospital near the resettlement site. Some more cases of health issues led to the deaths of many others.
27. Residents at Bada Bangarda who have livestock (pigs; goats) as their income generating animals are made to share the same room as they lack place to keep them. In the near future, they would not only be losing their cattle but also losing their health.
28. Residents in Bada Bangarda are bound to drink contaminated water from a tank in which a dog's dead body was found. The water tank is never cleaned ever since it is being constructed. A girl child consequently had suffered of Cholera and died within a month of their shifting.
The fact finding team recommends the following immediate action to be taken by the Madhya Pradesh authorities responsible for eviction of the entire Dalit community:
1. Recognize the Right to Adequate housing which includes access to all basic amenities like work, water, electricity, sanitation, health, education, social security and transportation to the 1500 Dalit families which have been moved out of the city limits,
2. Buildings which attracts the vulnerable communities by their appearance actually are built with cheap materials having no elevator as well seem to be temporary arrangements in preparation for the SMART city. The deplorable conditions of the building in the resettlement area are raising many issues of habitation in the flats. For instance, in Bada Bangarda block G, flat no. 217 second floor allotted to Shri Sunil Saakarkad, the flooring of the flat cracked due to which the cot sank into the ceiling of the below flat. The owner of the flat on the first floor witnessed the entire mishap. In such conditions, the recent resettlement should be treated as transit homes till permanent settlements are built at Chandra Prabha Shekhar Nagar itself.
3. In order to avoid any future/unseen mishaps, may we recommend the constitution of an independent committee of eminent engineers to conduct social auditing of resettlement buildings constructed under Basic Service for Urban Poor (BSUP) during the first phase of Jawaharlal Nehru New Urban Renewal Mission.
4. Majority of the families depended on rag picking work; many of them survived on sanitary work related jobs; some of the women members were engaged in flower selling; some of the families depended on playing music during marriage functions; etc. as a result of eviction Dalit families are denied of right to livelihood and forced far away from the labour market which increases their vulnerability and subjects them to poverty. We recommend that these families must be given the choice of their livelihood localities and the state government on priority basis settle them with permanent Pattas.
5. The amount of Rs/- 1 Lakh, 20 thousand which is required to be paid by the people should be scrapped, instead the state should provide for proper renovations of the dilapidated flats.
6. Employment opportunities to be provided to the people as verbally promised by the collector in the presence of the community at the earliest,
7. Access to safe drinking water to be provided to the community with piped water facility,
8. Sanitation facilities to be improved for the people in the resettlement to discourage open defecation and promote hygienic environment,
9. Health facility to be made accessible by opening a government hospital in the neighbourhood,
10. The state to provide treatment to those who were hurt as a result of police brutality,
11. Immediate opening of primary and senior secondary schools for children in the neighbourhood to access their right of education,
12. Affordable and regular transportation to be provided for the residents to earn their livelihood and for children to attend school,
13. IMC must build necessary infrastructure in consultation with the community based on their occupational requirements, for example a place for the cattle should be provided.
Immediate Action against Officials
14. Immediate action against all IMC officials, the then SDM Narender Pandey, the Collector and Divisional Commissioner and Senior Engineer Harbhajan under sections 3 (1) (iv) under SC/ST PoA Act 1989 for Anand's death in the basti,
15. Immediate action against all the IMC official, the then SDM NarenderPandey, the Collector, Divisional Commissioner and Senior Engineer Harbhajan under sections 3 (1) (v), (x), (xv) SC/ST Act for forceful eviction of the entire Dalit basti from CP Shekhar Nagar and for contempt of court's stay order,
16. Immediate releasing of those community members arrested and kept in Pandrinath Thana,
17. Immediate action against the police personnel for falsely arresting innocent people,
18. Immediate action against the police personnel for caning Advocate Hemant and illegal arrest of Madhuriben,
Compensation to the family of Deceased Anand
19. Compensation along with job security should be provided to Madhuri, wife of deceased Anand Totaram as per SC/ST PoA Rule, 1995,
20. Compensation for those whose make-shift shops were demolished by the IMC,
21. Formation of an independent judicial inquiry committee to look into the process of dislocation of Dalit basti and review the facilities provided in the settlement (employment, education, water, health and sanitation),
22. Implement India's National and International legal obligations, and uphold Judgements of the Supreme Court of India related to the protection of the human right to adequate housing,
23. Adopt and implement the UN Basic Principles and Guidelines on Development-based Evictions and Displacement in all cases of eviction and relocation.