By Ravichandran Chakkiliyan, TwoCircles.net,
Rs. 200,000 each for the lives of two- a Madiga and a Mangali.
Kaleikuri Prasad’s Poem ‘Karma Bhuumilo’
For whom do you search, for what saviours do you wait?
If they poison you or burn you, or even if they strangle you with a rope
No doctor shall testify for you, no court shall protect you
All the laws and the courts promise illusory hope
They’re only mirages for the common man (Translated by Kuffir Nalgundwar)
According to the Indian Constitution “untouchability” has been eradicated however it is still prevalent and the law enforcement agencies makes sure such laws are not implemented. Article 32 of the Indian Constitution gives extensive Jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. Though the courts in India do not deliver justice to the marginalized, still rarely they pass some orders in favour of the marginalized, at the same the marginalized movements do not give up their struggle to uphold the constitution, though the protectors of the Constitution are hell bent in suppressing these movement in different ways. And the present case looks into the two deaths (murders) in the manhole reported in the Newspaper.
Saraswathi of Safai Karamchari Andolan
Article 17, section 7A of the Act provides punishment for offenses on various grounds for practicing untouchability. In 1993 the Parliament enacted the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) ActThe Prohibition of Employment As Manual Scavengers And Their Rehabilitation Act. Taking cognizance of all these issues, the Supreme Court delivered a ‘landmark’ judgment on 27th March, 2014 in the case of Safai Karmachari Andolan and Ors vs Union of India and Ors, a writ filed in 2003. It said all person died in sewerage work (manholes, septic tanks) since 1993 has to be awarded Rs.10 Lakhs for each such death to the family members who were dependent on them. It is a known fact that these measures have always been on paper and in realty the justice system for the marginalized is still a day dream. In a recent death of two people who got down into the manhole proves the case, this did not happen in a remote village but in the heart of a bustling city.
The Newly formed Telengana state was getting ready for its first chief minister Mr. KCR to take charge. On May 31st, 2014 two workers- Beemulu, a Madiga and Narayanan, a Mangali- died in a manhole at Upparapally in Rajendra Nagar, Hyderabad. Both of them have left their villages and came to Hyderabad for a better living.
Narayanan was working as a construction labourer on the 7th floor of Imperial Residency apartment. The supervisor called his son who was also working as construction worker to enter into the manhole, the son refused but the father was forced to enter by the supervisor to check what happened to Beemulu who has gone in to the manhole but didn’t come out. After some time Narayanan too did not come out, his son wanted to enter but the gathered crowd stopped and called the police, then the Greater Hyderabad Municipal Corporation (GHMC) came and said they cannot do this work. And later fire service came and they called J.C. Bamford Excavators Limited to dig the sewage line to get oxygen into the sewage and then the bodies were brought to the ground.
In the mean time information was passed to the family of Bheemulu who live in Kishanbagh. Bheemulu’s parents and relatives gathered and demanded arrest of the owner of the Imperial Residency and the supervisor for involving these labourers to enter the manhole. The Police of Rajendarnagar sensing tension negotiated with the families to compromise and asked them to allow carrying the dead body for post-mortem. The families rejected that proposal and asked for justices, in the mean time the police outnumbered the protesters and threatened that there would be lathi charge if they don’t allow and disperse from the area.
The supervisor and the owner of the Imperial Residencey went missing and it was only the police who were negotiating with the victims family. The Police gave some money and asked the victims to sign a paper; both of the families still don’t know what was written in the paper. The victims family sensing the terror and pressured by the police signed the paper and allowed them to take the body. The body was taken in an ambulance to the hospital and the police did not allow any of the family members to go in the ambulance, the police said the body is being taken for keeping it in the freezer and later for postmortem. Late night some of the family members peeped into the postmortem room and found the dead body lying on an open floor and the body has changed its complete color into black. While discussing with the victim families they say the owners forced them to enter and later the police threatened of dire consequence and also said you would get only Rs.50,000/ if you register a case and prolong for arresting the culprits, rather the Residency owner is giving you Rs.2,00,000/- therefore it is better you take this amount. The police in the station said he would take the responsibility for the money. Mr. Bheemulu’s mother asked the police that they will give the same amount can the police give the life of Mr. Bheemulu back.
The postmortem was done but still the family doesn’t have a copy of the postmortem report, and even the copy of the letter they signed in the police station. Only after the Safai Karmachari Andolan involvement, the activist Ms. Sarawathi could take a copy of the FIR from the police station.
Bheemulu who was 24 years old lived either by beating drums (duppu) and doing odd jobs. In the past he has been engaged in cleaning steptic tank, sewage cleaning, and any other cleaning apart for other works. Usually if they don’t have work like Bheemulu many others gather in a place in the morning and those who need labourers come there and take them for work. While discussing with Mr. Bheemulu’s family they said we are Madigas(traditionally involved in leather work and drum players) and we don’t have any support from anywhere and we came to Hyderabad for a better living, and still they feel the city is better than the caste discrimination faced by them in the village. The place they live is a mixture of all dalit castes.
Mr. Narayanan, who hails from Nizampet village, Narayanaked Mandal, Medak District came to Hyderabad for job and worked as a construction worker. He and his community still do barber work in their village. The viillage is divided such that barber, washerman and potter community lives with demarcation and each of these communities have their own limits.
Established in 1999, Safai Karmachari Andolan has launched a movement to identify those dead in manhole from 2003 to get support from the government based on the Supreme Court Judgement.