| Earthquake Relief Rehabilitation |
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The human rights of individuals are more susceptible to violations in situations of natural disaster. Even during the relief phase, instances of discrimination, relief not reaching people equally, are known to occur. There is therefore a need to constantly monitor the situation from a human rights perspective. Rather than active involvement in relief and rehabilitation, CSJ views its role in disaster response as a human rights monitor, providing legal support to individuals whose rights are violated. This is done with special focus on vulnerable groups including widows, destitutes, orphans, disabled people, etc. |
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| Monitoring |
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Health status and state response to emerging needs due to natural disaster; |
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State response to ensure water supply; |
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State response to shelter issues; |
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State response to sanitary needs; |
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The functioning of the public distribution system. |
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| Focus on rights of vulnerable groups |
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CSJ has worked on initiating a campaign on the issue of “State’s being made responsible for rescue, relief and rehabilitation in disaster situations” |
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Identify whether fair and equitable distribution of compensation is taking place with special emphasis on ensuring the inclusion of women and the elderly; |
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In villages which had to be relocated, identify discrimination based on caste/religion and violation of land rights; |
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Rights of disabled, orphans and destitute, widows and rights of tenants. |
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| Intervention in Kutch District |
In Kutch, CSJ worked closely with the SETUs (co-ordinating bodies), which were mandated by the State to act as information dissemination and grievance redressal cells. It also looked into violations of specific rights. CSJ’s team in Kutch has till date handled 81 cases related to the problems faced by people after the earthquake. |
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| Intervention in Non-Kutch Districts |
A team of 29 field workers was actively involved in data collection in Surendranagar, Ahmedabad, Rajkot, Jamnagar and Patan. A total of 5890 families were surveyed in 315 villages within 20 talukas which were chosen for the survey. The data collected has been analysed, based on a report which CSJ prepared. |
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| Cases Solved During Survey |
CSJ helped villagers identify and redress their legal problems. In these cases, representations were made to the Lokpal (Ombudsman), Gujarat State Disaster Management Authority (GSDMA) and the Collector. People were also advised as to the legal possibilities in each case. In Halvad and Patdi taluka of Surendranagar district, many members of Dalit community were not given cash doles. In Ahmedabad district, the local Collectorate insisted upon documents being produced for collecting aid. The local people could not produce them as their documents were destroyed with their houses. In one case, where an entire village had migrated from their original place of residence, they were refused aid. In Morbi and Maliya talukas of Rajkot district and in Patan district, there were numerous cases of caste related discrimination in disbursement of relief and aid. |
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| Defining ‘Death Due to Earthquake’ |
Several Instances came to light where a legal heir was denied death compensation because the death of the deceased was, according to the Collector, not ‘death due to earthquake’. In this case CSJ wrote to the GSDMA seeking clarification of the phrase ‘death due to earthquake’. |
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| Case Studies and Documentation |
CSJ’s field workers identified issues pertaining to death compensation, compensation for widows, corruption, disabled and aid for shelter. A total of 15 such case studies have been documented. |
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| Developing a State Disaster Code |
A comparative analysis of other Indian states’ response mechanisms to various disaster situations was conducted. The findings of this study were examined against the existing policies/guidelines being used by the Gujarat government in the earthquake situation. Recommendations for policy on state response to disaster situation were submitted to the GSDMA. A state disaster management policy was then formulated based on the findings of the study. |
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| Problems Faced |
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This was the first time that CSJ was handling data of such magnitude and analysis had to be outsourced. |
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Sample selection became a major problem. As an organisation striving to ensure human rights of all, adequate representation of all castes and communities was a major consideration is sample selection. This made the task quite complicated. |
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Formulating a questionnaire that covers all areas of probable violations was a mammoth task by itself |
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Efforts to minimise error in data collection by way of researchers’ bias was not always successful. Firstly, it was very difficult to get surveyors who had a human rights orientation. The entire exercise required constant monitoring to ensure that important issues were not overlooked due to surveyors’ lack of experience. |
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| Advocacy in Kutch & Non-Kutch Areas |
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Activating the Lokpal in districts other than Kutch |
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Clarify earthquake death so that it includes death after the day of the earthquake |
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Ensuring provision of proper and adequate health services for the injured. |
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Ensure that banks do not recover outstanding loans from the instalments paid to affected persons for shelter. |
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Ensure that an adequate package is framed for compensation to paraplegics that is either equal to or more than that given as death compensation. |
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For the first time in two cases, a child in womb was treated as a person and awarded death compensation. |
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The Government passed a resolution stating that when shelter aid is awarded to the tenant, the cheque should be issued in the joint name of the tenant and the owner. |
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| Public Interest Litigation on Disaster Management Authority |
In the month of August, 4 villages in Viramgam Taluka were washed off due to heavy rains. No relief was provided to the villagers. Despite repeated representations, people were made to go from one department to other. Finally Public Interest Litigation was filed to demand formulation of Disaster management in Gujarat.
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