In a rare move, the Odisha Human Rights commission (OHRC) has decided to become an intervener in a civil litigation involving the restoration of land in possession for generations by barber community freed from customary ‘bartan system’ practice under which dominant caste families extract service from them for 15 kg of paddy doles in a year.
Earlier the OHRC had directed the state authorities to restore the community their possession of the houses and proper rehabilitation under Section 8 of the Bonded Labour System Abolition Act, 1976. As the order could not be implemented due to civil litigations, the Commission decided to step in by roping in counsel to represent the panel to defend the community in the pending civil case
The barber community was allegedly socially ostracized in Manapur village under Bramhagiri police station in Puri district and was driven out of their houses from the land which they were in possession since time immemorial.
They were also rendering service to the deity of the concerned village and residing over the land belonging to the deity. They are being released from bonded labour as per Bonded labour Abolition Act.
After their release as bonded labour by the State Government, they refused to render service to the villagers as barbers under the ‘Bartan Scheme’. Later they were subjected to atrocity and were driven out from the house where they were residing for generations and those houses were damaged.
The unsavory episode contained several twists and turns lasting for more than a decade after a human rights activist, Baghambar Patnaik had taken up the cause of the victims of the Bartan scheme practice in 2011. The National Human Rights Commission (NHRC) had asked the Orissa government to abolish the customary system.
The State government had issued a notification in 2011 to ensure that such an evil practice is discouraged at all costs with stringent action against the culprits under the Bonded Labour System (Abolition) Act, 1976.
Later the villagers filed a case at the Puri civil judge senior division seeking permanent eviction of the barbers in 2020. The case was later fought in various courts. Currently, the litigation is being adjudicated in the court of the Puri district judge. As the matter is stuck in judicial proceedings, the barber community is still dispossessed of their age-old place of habitation.
“It is needless to say that the protection of human rights act, 1993 expects the Commission to take a proactive role in the protection of human rights of the citizens within the territorial jurisdiction and for that it must take all effective steps to prevent violation of the same. It can also intervene in any proceeding involving allegations of violation of human rights pending before a Court with the approval of that Court. Since, in this case, an element of violation of human rights emerged from the investigations made, this Commission passed the order for restoration of possession of their houses where they were residing for generations,” the OHRC ruled in a recent order.
The Commission, therefore, thinks it to be a fit case to seek intervention in the said proceeding notwithstanding the victims are also defendants therein contesting the same in the interest of human rights, it said.
Accordingly, the Secretary, OHRC shall take necessary order from the Chairperson appointment of Counsel to represent the Commission for filing an intervention application in the said case for protection of human rights was in-accordance with law, the Commission said while listing the matter for further hearing on 24 July next.