NATIONAL FOOD SECURITY ACT,2013 FULL TEXT

Case study of the murder of right to food activist Nandi Singh in Assam




                                                                                                          Date: 12/09/2012

Introduction of the district

Dhemaji is comparatively a small district of Assam which is 500 Kms from Guwahati with a population of 1 lakhs. It is a flood prone area with subsequent catastrophe every year since the 1950 Earth Quake.  Devastation is mainly caused by the curse of the mighty Brahmaputra resulting to deaths, loss of property and livelihood. There is no evidence of relief camps, compensation, rehabilitation or resettlement of the affected people from the district authority. The unpredicted course of flow of the Brahmaputra has broken down the bones of many people who depend on the resources of the river.   Gai Nadi is a tributary of Brahmaputra. People collect fire wood, flowing down from the mountains of Arunachal Pradesh during flood and store them to sell them in the market.  This process helps them to run their families at least for 3 to 4 months. Since the river washes away the cultivation of the people, they often go for wage labor but sometimes they have to return home empty handed as they don’t find works in regular basis. So, they have to depend on the food subsidies provided by the Government.

The Incident

4 no.Bishnupur is a large village on the bank of Gai Nadi in the district with 6 adjacent villages. The inhabitants are mostly of Bengali community; earn their living either by farming or doing daily labour. There is a Fair Price shop in the area owned by Mr. Rajib Das (who is also a convict) under Jhiadol Gaon Panchayat Samabai Samiti from where inadequate supplies of food grain reach the village irregularly. It is claimed that there is a partial distribution of food grains and charge more than the determined rates. There have been few numbers of complains from the villagers to The Food and Civil Supply Department and Jhiadol Gaon panchayat samabai samiti on the irregularities of the distribution of food grains under the agent with complete evidence of documentation.

Inspired and encouraged by Jhiadhol Anchalik Grahak Suraksha Samiti, Nandi Singh and his friends initiated a discussion with village people and lodged a complaint on the 17/08/12 (receipt number 46/29/8/012). They urged the concern authorities to take appropriate steps to combat the problems being created by the agent. As a repercussion the agent Mr. Rajib Das and his hired goons from the adjacent villages approached Nandi Singh’s house, shouted with colloquial speech and threatened to kill him.

Right from the date of the complaint Mr. Rajib Das, who is the agent, and his 8 hired goons created havoc by giving him and his friend death threats. On the 31/08/2012 while on his way back from work, the group chased Nandi Singh with sharp weapons but he managed to escape from the clutch of this   people.

For this, on 1/9/2012 an FIR was also lodged against the threat in the Dhemaji police station by Nandi Singh and his co villager, Mr.Ganesh Rai. But the police turned deaf ears instead of taking appropriate legal actions. Taking the opportunity Mr. Rajib Das and the 8 hired goons entered his house on the 2/9/2012 at 11 pm cut Mr. Nandi into pieces by sharp weapons. He got expired before reaching the Dhemaji Civil Hospital leaving behind two sons and his wife. It is worth mentioning that the attackers torn off the cloths of his wife Mrs. Sharati Singh and was seriously succumbed to injurious and taken to hospital for immediate treatment. Nandi singh was a sole income generator earning through daily wage. He had three bhigas of high land where agriculture product was almost nothing to the family. His qualification was 9th pass.

The names of the culprits are;
Sl No
Name of the culprit
Name of father
Village
1
Rajib Das
Lt Hari Das
3 no. Bishnupur
2
Topesh Das
Mr. Horen Das
3 no. Bishnupur
3
Sanatan Rai
Mr. Muka Rai
2 no. Bishnupur
4
Nikuj Rai
Moni Rai
4 no Bishnupur
5
Mukunda Rai
Moni Rai
4 no. Bishnupur
6
Dhananjoy Kar
Dhiren dra Kar
4 no. Bishnupur
7
Ananda Kar
Dhirendra Kar
4 no. Bishnupur
8
Laxman Devnath
Rajendra Devnath
4 no Bishnupur
9
Dev Barman
Niren Barman
Shantipur, Dharani bosti
10
Ajit Barman
Lt. Hari Barman
3 no. Bishnupur
11
Devendra kar
Lolindra Kar
3 no Bishnupur

A case has been filed in the Dhemaji Police station by the deceased wife Mrs.Sharati singh. The case number is Dhemaji PS/22/12-2/9/12.Eight culprits out of 11 are so far arrested by the police and the rest are absconding. It is said that the police personnel are not taking sufficient and necessary steps to nab the culprits. It is worth mentioning that one of them Mr. Topesh Das is in Guwahati trying to get prior bell from the court.

Compensation

So far the Government authorities have not taken any initiative for compensation or assistance.

What the officer in charge of the police station of Dhemaji has to say on the case:

When a team of Peoples’ Rights Forum visited the Dhemaji police station, the OC had to say something different which indicates that he is trying every possibility to divert the issue and endeavoring to show the case an outcome of family conflict.
  •  He said that the reason of the incident was not due to complain on PDS but family related issues that has been taking place since two years.
  • It is Mr. Pradip Das, the ward member, the main culprit who instigated and played the game to occur this incident
Descriptions of corrupt activities of Jhiadol Gaon Samabai Samiti are briefed as the following:

It is alleged that The Food and civil supply department is one of the worst departments in Dhemaji department with zenith corruption.
  • Since 2001-02 the Jhiadol Gaon Samabai Samiti is involved in corruption and irregularities
  • The secretary of the Samabai samiti  and the agents confiscated the cards of AAY and BPL beneficiaries in the name of renewal and siphoned the allotted food grains in the black market
  • Possession of fake ration cards with the agents due to which they procure surplus quantity of food grains from Samabai samiti/FCI to sell them in the black market.
On 8th sept’12, due to official holiday we couldn’t able to meet the DC, Dhemaji but a press meet was organized in District Press Club, Dhemaji at 3 pm.

Our demands:
  1. To immediately provide compensation, food and security to the victim’s family.
  2. Provide security to those family or members who have been supporting Sharoti singh.
  3. Immediately organize a meeting in the village for peace by the administration.
  4. Arrest all the criminals without any delay.
  5. Govt should enquire irregularities in entire Jhiadhol Cooperative society and take necessary action without any delay.
  6. Government should see the irregularities in PDS case seriously
Team observation:

People’s Right Forum team observed that OC, Dhemaji PS is not performing his duty sincerely. So forum should create pressure in the national and state level. Secondly, forum should immediately find out means to help financially to the victim family for food if possible and make strong action plan against the Dhemaji PDS irregularity.

Other partners who visited the deceased house:
(1)    India Against Corruption, Assam
(2)    Krishak Mukti Shangram Samiti, Assam

Role of media

Initially there was frequent and elaborate media publicity in both print and electronic but it gradually shrunk.

Allegations:
  • Corruption in PDS  is a regular phenomenon in Dhemaji district since 2002-03 and crossing boundaries
  • The then Secretary of Jhiadhol samabhai Samiti, Mr. Profulla siakia confiscated all the APL/BPL cards of the beneficiaries in the name of renewal through the agents and sold the allotted food grains in the black market
  • The agents distribute less quantity of food grains than the determined
  • Charge higher than the determined rates of the food grains by the government.
  •  Rice and wheat were never distributed to the APL beneficiaries
  • S.K oil is sold in the black market
  • Even after repeated complaints by individuals/ groups the concern departments turned deaf ear
  • So, the beneficiaries had to form a forum called Jhiadol Grahak Suraksha Samiti the 7th of January 2007
  • On the 15/2/2008, the samiti lodged a complaint to the District Commissioner(DC)  of Dhemaji on the irregularities of the agents and the samabai samiti
  • The fair price shop agent of Jhiadhol Mr. Dilip Tayung attacked physically to the president, Vice president and the secretary of the Grahak suraksha samiti in repulsion to the complaint
  • For not getting response on the complaint of dated 15/2/2008, the Grahak Samiti again  lodged complain the DC on the 11/3/2008 and 25/3/2008
  • As a repercussion The food and civil supply department of Dhemaji organized a public hearing in which the license of Mr. Dilip singh was suspended
  • In 2009 the secretary of the Jhiadhol samabai samiti presented the balance sheet of 2006-07 in lieu of 2007-08
  • For complaining on this the Secretary of Jhiadhol Samabai Samiti filed a case in the Dhemaji Police station in which he said that Mr. Horish pegu demanded Rs.50,000/ from the secretary which was proved to be fake
  • Due to the public complain Profulla saikia, the secretary of Jhiadhol samabai samiti was transferred to Kokrajhar on the 5th April 2008. But to people’s astonishment he could obtain stay order within two days
  • A complaint was lodged in the Chief Ministers Vigilance Cell and Anti Corruption against Profulla saikia. But there is no report even after one man enquiry
  • Due to continuous public allegations and pressure the registrar of co-operative societies of Dhemaji appointed the Assistant registrar for enquiry to the irregularities
  • But he submitted a fake report to the authority
  • Thus corruption prevail in the Jhiadhol Samabai samiti till now
Members of the Fact finding team on the murder of Nandi Singh.

Sl No
Name
Name of organization
1
Jonki Pegu
Peoples’ Rights Forum
2
Harish Pegu
Peoples’ Rights Forum and Jhiadhol Anchalik Grahak Suraksha  Samiti, Dhemaji
3
Debu Deblal
Peoples’ Rights Forum and the ANT,Chirang
4
Mohan Saikia
Peoples’ Rights Forum and NEADS,jorhat
5
Binanda Bailong
Member,SEDO,Dhemaji