Muzaffarnagar report

NOWHERE TO GO
THE BROKEN PROMISES TO THE
DISPLACED OF MUZAFFARNAGAR
AND SHAMLI

First published in 2017 by
Amnesty International India
#235, 13th Cross, Indira Nagar, 2nd Stage,
Bengaluru – 560038, Karnataka, India
© Amnesty International India
Original language: English
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Cover photo: Mohammed Sajid, his wife and three children inside their
makeshift tent home at a resettlement colony in Shahpur, Muzaffarnagar
Photos by Ruhani Kaur, Nadeem Khan, Arijit Sen & Abhirr VP for
Amnesty International India
Designer: Mohammed Sajjad
Children stand in front of the makeshift toilet they are
forced to use at the Manovar Hassan colony, Shamli.
Amnesty International India is part of the Amnesty International global human rights movement.
Amnesty International India seeks to protect and promote the human rights of everyone in India.
Our vision is for every person in India to enjoy all the rights enshrined in the Universal Declaration
of Human Rights, other international human rights standards and the Constitution of India. We are
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“I remember every bit of the riots. But what can I do? Not everyone has money
that can ensure that one’s children, parents can forget all this and restart life.
Those who got compensation have moved on and those who didn’t have got
stuck. Even now people are in trouble and are driven from pillar to post.”
Riyasat Maksood, Bavadi village, Muzaffarnagar
NOWHERE TO GO: THE BROKEN PROMISES TO THE DISPLACED OF MUZAFFARNAGAR AND SHAMLI 32 NOWHERE TO GO: THE BROKEN PROMISES TO THE DISPLACED OF MUZAFFARNAGAR AND SHAMLI

On 7 September 2013, at a massive gathering in a village
outside Muzaffarnagar city, Hindu leaders from the dominant
Jat community addressed a crowd of over 100,000 people. They
had gathered to discuss the recent killings of two Hindu men
in an altercation with Muslim men. The altercation had also
prompted large gatherings previously, including by Muslim men,
in other locations.
Inflammatory speeches were made, allegedly by Bharatiya Janata
Party leaders, instigating Hindus to take revenge for the killings.
The gathering was followed by an outbreak of violence in the
neighboring districts. Over 60 people were killed in the clashes,
which ended only after three days. Tens of thousands of Muslim
families from about 140 villages were forced to ﬂee their homes
and take shelter in relief camps.
On 26 October 2013, the state government announced that it
would provide a one-time compensation amount of INR 500,000
– for relocation and rehabilitation - to families from nine villages
it said were the worst affected. Civil society organizations found
that people living in the relief camps had been asked – as a
precondition to receiving compensation – to sign an affidavit
saying that they would not return to their villages, and that they
would not demand compensation relating to any damage to any
immovable property.
In December 2013, the Supreme Court, which was hearing
several petitions related to the riots, expressed concern about
media reports that over 50 children had died in the relief
camps, and ordered the state government to provide immediate
remedial assistance. The state government subsequently began
to demolish the relief camps, forcibly evicting many of those who
had fled their homes in fear. About 30,000 Muslims relocated to
28 resettlement colonies in Muzaffarnagar and 37 resettlement
colonies in Shamli, with the aid of civil society organizations.
Between August 2016 and April 2017, Amnesty International
India and AFKAR India Foundation, an NGO based in Shamli,
visited 12 resettlement colonies, met 65 families and analyzed
the documentation of190 families who are still struggling to
rebuild their lives in the absence of compensation.
According to government records, 980 families in Muzaffarnagar
and 820 families in Shamli have received compensation so far
from the nine identified villages. However about 200 families
from these villages are still waiting to receive relocation
compensation. In several cases, authorities have inconsistently
applied their definition of a family to deny compensation. In
others, families have had to face clerical errors and corruption.
Many of these families live in horrific conditions in so-called
relief colonies, with little access to water, sanitation, electricity
and adequate housing.
The Uttar Pradesh government has failed to meet its obligations
under international and Indian law to provide adequate remedy
and reparation and protect the human rights of those displaced
in 2013. Three years after the riots, hundreds of families in
Muzaffarnagar continue to be denied their rights and dignity.
BACKGROUND
COMPENSATION TO VICTIMS OF THE VIOLENCE
On 10 September 2013, the Uttar Pradesh state government announced that it would provide financial assistance to the families of
those killed or injured in the riots: INR 20,000 for persons who were injured; INR 50,000 for persons who were seriously injured,
and INR 100,000 to the family of each person who was killed. The government also said that it would provide INR 400 per month
to injured persons. The central government announced that it would provide INR 200,000 to the families of those killed, and INR
50,000 to those who were seriously injured, from the Prime Minister’s Relief Fund.
The state government also said that it would provide employment to one member of each of the families of 59 people who were killed.
On 26 October 2013 the state government stated that it would give about 1800 families from the nine “worst-affected villages”INR
500,000 as one-time assistance for resettlement and rehabilitation. The government said the compensation was meant to assist
families who did not find it safe to return to their villages. It also said that it had provided compensation for damage to property
caused in other villages, but did not take any other measures towards rehabilitation or resettlement. In February 2014, it increased
the compensation given to the families of those killed in the violence, and to the parents of children under 5 years of age who had
died in the relief camps.
A relief camp in Malakpur, Shamli district, where more than 4500 riot survivors lived till 2014. Image courtesy: http://www.indiaresists.com
MUZAFFARNAGAR SHAMLI
• Lisadh-Hassanpur • Lank • Bahavadi• Fugana • Kutaba • Kutbi • Kakda
• MohammadpurRaisingh • Mundbhar
NINE VILLAGES IDENTIFIED BY THE GOVERNMENT FOR COMPENSATION:
COMPENSATION PROMISED BY UTTAR
PRADESH GOVERNMENT POST RIOTS
KILLED PEOPLE
DISPLACED
60+
FAMILIES AMNESTY INTERNATIONAL INDIA AND
AFKAR INDIA FOUNDATION MET IN 2017 THAT
HAVEN'T RECEIVED COMPENSATION.
190+
50,000+
20,000
FOR INJURED
50,000
FOR SERIOUSLY
INJURED
300,000
FOR FAMILY OF EACH
PERSON KILLED
500,000FOR 1800 FAMILIES FROM
NINE WORST-AFFECTED
VILLAGES.

Activist Harsh Mander, who has worked to defend the
rights of the survivors, told Amnesty International India:
“By selecting only nine villages, the state administration
showed a callous disregard towards the riot survivors.
The government selected only villages which saw
significant loss of life and property. It ignored villages
where people fled their homes because of fear and where
people left their homes because they were ransacked or
burnt down.”
Soon after the riots, several writ petitions were filed before the
Supreme Court seeking rehabilitative and protective measures
for the survivors. The court clubbed the petitions and delivered a
judgment on 26 March 2014 in the Mohammed Haroon v Union
of India case directing the state government to take steps to deal
with the situation more effectively.
The court ruled, “We prima facie hold state government
responsible for negligence in preventing communal violence in
Muzaffarnagar and adjoining areas.” It ordered the immediate
disbursal of compensation. It also ruled that people who had
received the one-time compensation of Rs 500,000 and had
then tried to return to their villages would not have to return the
compensation amount.
The Uttar Pradesh government’s one-time offer of financial
compensation did little to provide the comprehensive reparation
that those displaced by the Muzaffarnagar violence needed. Full
reparation goes beyond compensation, and involves elements of
restitution, rehabilitation and satisfaction, which were almost
completely ignored. In addition, as this briefing shows, many of
the families from the nine identified villages also did not receive
the compensation they were due.
“Relocation compensation is certainly necessary to help internally displaced citizens
re-build lives. However, it is merely one part of the package of comprehensive reparations
that states owe citizens when they fail to protect them. Comprehensive reparations to
survivors who are forcibly displaced by conflict are needed to not only enable them to
re-build lives of dignity but to acknowledge the gravity of their violation, and to establish
the principle of state failure and accountability for their suffering.”
FARAH NAQVI, Activist
Piles of bricks at the Idris Baigh resettlement colony, Shahpur.
COMPENSATION TO VICTIMS OF THE VIOLENCE

DENIAL OF COMPENSATION
About 190 families from the nine villages identified as ‘worst-affected’ by the government told Amnesty
International India that they had been denied compensation by the state. As a result, several of them have
been unable to afford education and healthcare for their children, and continue to live in makeshift relief
colonies in squalid conditions.
“Our good times have been pushed back by 10 years to 15 years. We cannot provide for the future of our
children.” Amjad Khan displaced from Mohammadpur Raisingh village, now lives in Hussainpur colony with
his wife and children.
Children play near open sewage at the Manovar Hassan resettlement colony, Shamli.
LOSING FAITH: THE MUZAFFARNAGAR GANG-RAPE SURVIVORS' STRUGGLE FOR JUSTICE 98 LOSING FAITH: THE MUZAFFARNAGAR GANG-RAPE SURVIVORS' STRUGGLE FOR JUSTICE

DEFINING A ‘FAMILY’
Many families were denied compensation by authorities who
claimed – despite evidence to the contrary - that they were part
of a larger joint family which had already received compensation.
In Uttar Pradesh, as in many other parts of India, households
that live under the same roof are demarcated as separate units
depending on whether they use a separate kitchen. The Census
of India defines a household as “a group of persons who normally
live together and take their meals from a common kitchen”.
The census definition states: “The important link in finding out
whether it is a household or not, is a common kitchen. There may
be one member households, two member households or multi-
member households.”
The Chief Development officer of Muzaffarnagar district also
told Amnesty International India that the state government
defined a family using the same concept. He said,
“A family unit hinges on the idea of
“ek chhath aur ek chulla” [one roof and one
stove]. There can be many variations to
this but if a house has a kitchen then it is
considered as a separate household.”
However several families say that they were denied compensation
despite having separate kitchens, and often having ration cards
indicating that their addresses were different from those of their
relatives.
Amjad Khan, for example, used to live with his parents, three
brothers and a sister in Mohammadpur Raisingh village. Their
house had a common entrance, and separate rooms for each
nuclear family unit. Importantly, the parents and the brothers
all had independent cooking arrangements and used different
stoves. The absence of a common kitchen signified that they
were separate households. (NO PHOTO)
However, while Amjad Khan’s father Nawab Khan received Rs
5,25,000 as compensation in 2014, all the four brothers say
they were verbally told by different government officials that
they would not receive any money as they were part of the same
family. The brothers say they have filed several applications, but
to no avail.
Some of the families Amnesty International India spoke to also
have government identification documents such as ration cards
and voter identification cards with different addresses from
their family members. However they have also been denied
compensation.
Makeshift tent homes at the
Manovar Hassan resettlement
colony, Shamli.
75-YEAR-OLD ISLAM has five sons: Muntiaz, Shamshad,
Rashid, Jubaid and Dishad. Muntiaz and Shamshad have five
children each, while Rashid has two. Before the riots, Muntiaz,
Shamshad and Rashid lived separately in Kakra village – their
ration cards have different addresses on them. Following the
attacks, all the families were forced to leave their village, and
now live in a colony for riot victims.
While Islam received INR 500,000 as compensation in 2014, all
his sons were denied compensation on the ground that they had
been living together as one family.
75-OLD LATIF and his three sons Naushad, Irfan and Sammedin fled their
village following the riots. Naushadhas four children, Irfan two, and Sammedin
seven. While Latif received compensation from the state, authorities denied
compensation to his son, claiming they were one family, despite their having
ration cards with different addresses. Sammedin Latif died last year of a heart
attack. His wife Sammina said that he had been under immense stress
Mohammed Islam with some of his relatives at the Idris Baigh resettlement
colony, Muzaffarnagar.
The money my father got as
compensation has been spent.
I showed my ration card to the
government officials but they say
that I won’t get compensation. This
is really unfair. My children were
going to the government school
nearby, now I am thinking whether
I should stop their education and
get them to come with me and find
work.”
– SHAMSHAD, Islam's eldest son
My husband died worry-
ing about his family. We
haven't got any compen-
sation, we have no house
and live in a makeshift
space. I have to look af-
ter my children now and
it's very difficult to find
a job. We are in a lot of
debt: how can I repay it?
Somedays it's difficult to
buy any food and we go
hungry. If anyone falls ill,
what will I do? How will I
afford treatment?”
– SAMMINA
Sammina Latif and her three children at the Idris Baigh resettlement colony in Shahpur, Muzaffarnagar.

GULZAR BABU, his wife Shabana and their four children fled
their home in Kakra village following the riots. Three years later,
the family is struggling to make ends meet. Gulzar Babu says
he has been told by the state government that he is not eligible
for compensation because he and his three brothers used to live
with his father, who had already received compensation.
In Lisar village, Shamli, Amnesty International India met
MOMIN, an owner of a small hardware store who said he is yet to
receive any compensation. Momin said, “During the riots, I was
away in Khekra. My children were in the village and so were my
four brothers and their families. After the riots everyone left.” He
reached his village a week later, to find that his house had been
looted and all his household goods stolen. While his brothers
received compensation of INR 500,000 each, Momin says he
was denied compensation by government officials for various
reasons.
Momin says he lost his identity documents during the riots - a
problem that other riot victims also faced, which made it difficult
for them to claim compensation and rebuild their lives.
I have two children and no money.
It’s very difficult to educate them.
We have received no help from the
government for their education. We
still have to pay fees in the govern-
ment school, pay for their books and
uniforms. How can I afford all this?
We were forced to leave our villages,
leave everything we owned.”
– SHABANA
The district officials would call us when the survey was being
done. First they would say that we were staying in the same
the house. Our main gate was shared, so they would say it is
the same house. Sometimes they would say that I lived in
Khekra, so I was not eligible.”
– MOMIN, owner of a small hardware store
Shabana and her children at the Idris Baigh resettlement colony in
Shahpur, Muzaffarnagar
Momin with his family in Kandhla in Shamli district.
I want to tell the government that if they give us compensation, then we can make our
house. Even if you can’t give us five lakhs, we beg you to give us at least two or three lakh. At
least we will make a house to live. It’s very difficult to run a family of seven, Tahir is always
outside trying to find work so that we can survive. My children are hungry most of the time."
– IMRANA
IMRANA, wife of Tahir, Kakra village: The lives
of Imrana and Tahir Jahid who have seven children
are no different. Tahir was forced to find work in
Rajasthan where he is employed in a brick kiln.
Tahir was denied relocation compensation by the
state authorities who said they had already gave it
to his father.
We have met many families who were denied compensation because the state started
clubbing many families as one joint family. You tell me, how are four brothers who
have left their land, their house - everything they own - and who are married and have
children, expected to live with 500,000 INR?"
– AKRAM AKTHAR CHAUDHARY, AFKAR India Foundation

THE RIGHT TO FULL AND ADEQUATE REPARATION
Victims of human rights abuses have a right to full and effective reparation under international
human rights law and standards. The right to reparation includes restitution, rehabilitation,
satisfaction and guarantees of non-repetition.
The UN Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims
of Gross Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law states that reparation should seek to “as far as possible, wipe out all the
consequences of the illegal act and re-establish the situation which would, in all probability,
have existed if that act had not been committed.”
Compensation should be proportional to the gravity of the violation, and assessed based on
physical or mental harm, including pain, suffering and emotional distress; lost opportunities,
including employment and education; material damages and loss of earnings, including loss of
earning potential; moral damage; and costs required for legal or expert assistance, medicines
and medical services, and psychological and social services.
However while financial compensation is vital, it is only one of several elements of reparation.
Restitution is intended to restore survivors to the original situation that existed before the
violations, including return to their place of residence, restoration of employment and return
of property. While it may be difficult to restore victims of the Muzaffarnagar violence to their
original situation,which itself was one of inequality, the Uttar Pradesh government must make
a concerted effort to provide survivors with appropriate compensation and other forms of just
reparation that would enable them to lead their lives with dignity.
Rehabilitation measures must include medical and psychological care as well as legal and
social services. Adequate rehabilitation for the victims of Muzaffarnagar, says activist Farah
Naqvi, would involve restoring houses or constructing new dwellings, providing alternate
employment, restoring civic amenities and community structures, including schools and
health centers, long-term psychological counseling, and particular rehabilitation provisions for
women, including long term support and rehabilitation of those widowed.
Finally, satisfaction and guarantees of non-repetition include both individual and collective
processes, such as actions to prevent the recurrence of similar crimes, public acknowledgment
of the facts and acceptance of responsibility, prosecution of the perpetrators, and the restoration
of the dignity of victims through commemoration and other means.
An order by the District Magistrate,
Budhana stating that Mukeen was not
eligible for re-location compensation
because his father had already been given
compensation.
We conduct a detailed investigation and we give compensation to only
those who were affected by the riots.”
– DISTRICT MAGISTRATE OF MUZAFFARNAGAR

BIASES IN SURVEYS
The process of identifying the families that were eligible for the
government’s one-time compensation was carried out by district
government officials. However several of those displaced by
the riots said that the survey procedure was inherently biased,
The villagers and the pradhan [village head] were effectively deciding which riot victim
gets compensation. When the surveys were being done,one of the criteria to be eligible
for compensation was that you should get a signed affidavit from the village Pradhan
that you were living in the village and that you lived in an individual household. We have
seen many cases where the pradhans have misused their power and have harassed many
riot victims."
My name was in the survey list, but when we went to Lak during the survey, what we
saw was that the local officials would delete our names because the villagers there
would say we were not living in Lak… We protested a lot but nothing has happened.
How can villagers, most of whom are accused in riot cases, decide whether we should
get compensation or not? How is this fair? These people even told us that our names
would be put on the list only if they got a share of the compensation money.”
– MOHAMMED RASHID
as it often relied on the testimonies of the Hindu neighbors of
displaced Muslim families, who may have themselves taken part
in the violence.
MOHAMMED RASHID and his two brothers fled their village Lak
during the riots. They were all denied relocation compensation
despite possessing documents including ration cards and voter ID
cards which showed that they were living in different households
in Lak.
ROSHAN SULAIMAN and his five brothers fled their houses
in Fugana during the riots. Only two of the six families received
compensation. Roshan says he is being denied compensation
because of the communal polarisation in his village:
Rashid was in Lak when the district administration was
conducting the survey for identifying riot victims. He says that
Hindu villagers in Lak - who were the only people consulted by
administration officials - were effectively deciding which of the
riot victims would get compensation.
When the government officials conducted
a survey of riot affected villages, we
learnt that those who attacked us and
burnt our homes during the riots had
told them that we were a single family
living together. These officials didn't
corroborate this information, and blindly
gave relocation compensation only to my
elder brother when in fact all six of us
brothers were living independently.”
– ROSHAN SULAIMAN
My eldest son Irfan was called by the
district authorities in Shamli when the
government was conducting surveys for
identifying riot victims for relocation
compensation. They called him thrice,
but all three times they told him that our
family was not eligible for compensation.
All my children are daily laborers so they
were not in the village during the riots,
but their families were. Irfan saw our
neighbors tell district authorities that
we were not in our village when the riots
happened, and so were not eligible for
compensation. We have lost everything -
our homes, our properties - and the state
government is denying us compensation
just because my sons were not in the
village when the riots happened. How is
this possible?"
– ASGAREE SAQEER
70-YEAR OLD ASGAREE SAQEER and his four
children lived in separate households in Shamli
district. She told Amnesty International India
that neither he nor his children had received any
compensation, and that the survey was biased:
In December 2014, three revenue officials were
suspended for failing to identify riot victims
properly,and causing a delay in providing
compensation to 101 people in Hassanpur village.
In February 2017, Amnesty International India
found that at least 16 families in Hassanpur are
still waiting to receive their compensation.
Roshan Sulaiman at his home in Kandhla in Shamli district.
Asgaree Saqeer at her home
in Shamli district.

CLERICAL ERRORS
In at least two cases, compensation was denied to families on the
ground that it had already been paid to an older relative who had
died several years ago. 65-year-old YAMIN HAMID, who fled the
violence in Fugana village, was denied relocation compensation
by the Uttar Pradesh government on the ground that authorities
had already given relocation compensation to his father Hamid.
However Yamin’s father Hamid had died in 1985. The family
tried to use his death certificate to claim compensation, but they
were unsuccessful.
When I showed my father’s death
certificate to the district magistrate,
he promised to review the compensa-
tion documents. But I haven’t heard
anything from his office after that. I
tried to get an appointment with the
district magistrate many times but
have not been able to meet him. I
feel lost and tired and I have given
up. I have been to Lucknow but there
also I was turned away by the govern-
ment’s officers. I left my village, left
everything I had. How can they deny
compensation to me by saying they
gave it to my father who died many
years ago?"
– YAMIN HAMID, Fugana village
Death certificate of
Yamin's father, Hamid
signed by Kairana
Panchayat in Shamli
district. The certificate
states that Yamin's father
passed away in the
1970s.
Yamin's father, Hamid
signed by Kairana
Panchayat in Shamli
district. The certificate
states that Yamin's father
passed away in the
1970s.
Yamin’s father, Hamid
with the seal of the
Kairana Panchayat in
Shamli district. The
certificate states that
Yamin’s father passed
away in the 1970s.
An order by the district
magistrate, Budhana
stating that Yamin Hamid
was denied compensation
because his father
had already received
compensation.
Yamin Hamid at the Falah-e-aam
resettlement colony in Muzaffarnagar.

When I asked the officials, they said
that my father had already been giv-
en the money. I asked them to show
the details of the deposit, but they
had nothing to say. The officials told
me that I was wasting my time run-
ning around for compensation, and
that I should just accept that I would
not get any. The district magistrate
promised us that an investi-
gation would take place, but
nothing has happened for the
past three years.”
– MOHAMMED SHAFI,
Fugana Village
MOHAMMED SHAFI, who also fled
Fugana village with his family, was
denied compensation on the ground
that his father had already been paid
compensation. Only, his father had died
30 years ago.
CORRUPTION OVER COMPENSATION
Many riot victims alleged that they had been forced to pay a percentage of the compensation money as a bribe to
government officials. The inconsistent application of the definition of a family appears to have made it easier for
officials to threaten to make a family ‘ineligible’ for compensation if they were not paid a bribe.
MOHAMMAD AYUB (name changed) from Kutba village says
he remembers every minute of the morning of 8 September.
His village had been tense following the news of a murder of
a Muslim man. Ayub is still grateful to his Jat neighbours who
helped him and some others to hide that morning.
Ayub sold his house last year to a Hindu family. “Who else will
stay there? There is not one Muslim in the village’, he said. Ayub
said he had received compensation, but his brothers Gulfam and
Irfan had not. It was made evident by government officials, Ayub
says, that one had to pay money to receive compensation.
MAHTAB MEHMOOD from Kutbi village says he still remembers
the day his neighbors attacked his family. His house was set
on fire and his family fled their village to a relief camp in
Shahpur. Three years later, he is struggling to get the relocation
compensation promised by the government.
The officials took their documents.
They went through them and did
their investigation. My name was
there in the first list of victims. My
brothers’ names were also there. But
then someone removed the name,
and another person’s name was
inserted.”
– MOHAMMAD AYUB, Kutba village
My house in Kutbi was about five houses away from my father's house. When the sur-
vey was being done, government authorities asked me to pay a bribe of INR 50,000
to put my name on the list. I refused. I have all the documents, like a ration card and
a voter ID, to prove that I was living in Kutbi - why should I pay a bribe then? But
at the end, only my father got compensation and my three other brothers and I were
denied compensation.”
– MAHTAB MEHMOOD, Kutba village
Amnesty International India spoke to several government officials
from Muzaffarnagar and Shamli, but none of them were willing
to comment on allegations of corruption in the disbursal of
compensation.
Ayub says that of the INR 500,000, a victim stood to receive as
compensation, INR 150,000 had to be given as a bribe to the
administration officials. “We thought that if everybody is getting
compensation like this, we also have to take this route. So from
the compensation I got, I paid the official INR 245,000 . For
Gulfam and Irfan. I said I would pay INR 55,000 when the work
is done.”Ayub said the bribe worked.
Mohammed Shafi and his grandchildren
at the Falah-e-aam resettlement colony in
Muzaffarnagar.

DENIAL OF BASIC AMENITIES
IN RIOT VICTIM COLONIES
I have heard state officials say the riot victims are basically living in camps because they want
free food. I would wish that the state officials who claim this spend one night with their families
in a relief camp and see whether anyone would chose the indignity, the lack of privacy, lack of
hygienic conditions, face extreme weather conditions, state hostility before they stereotype and
blame riot victims.”
– HARSH MANDER, Activist
An open drain in front of a house at the Manovar
Hassan resettlement colony, Shamli.

DENIAL OF BASIC AMENITIES
IN RIOT VICTIM COLONIES
The families who were forced to flee their homes in
Muzaffarnagar and Shamli districts are internally
displaced persons, who are accorded several
protections under international human rights law and
standards. Authorities are obligated to provide them
with adequate housing, water and sanitation facilities,
and essential medical services.
Three years after the Muzaffarnagar riots, however,
thousands of families continue to live in desperate
conditions in makeshift houses with poor access to
water and sanitation. According to Living Apart, a
2016 report by Aman Biradari and the AFKAR India
Foundation on living conditions in 28 resettlement
colonies in Muzaffarnagar and 37 in Shamli districts,
an overwhelming majority of families in these colonies
lack access to basic services.
THE REPORT STATES:
Only eight colonies out 28 of in Muzaffarnagar, and 11 out of 37 in Shamli, have personal toilets.
There are no public toilets in any of the colonies in Muzaffarnagar, while only 3% of the colonies in Shamli
have public toilets.
61% of colonies in Muzaffarnagar and 70% of colonies in Shamli do not have drainage
facilities.
82%of colonies in Muzaffarnagar and 97%of colonies in Shamli do not have clean and safe
drinking water
54% of colonies in Muzaffarnagar and 81% of colonies in Shamli do not have personal
electricity connections.
One of the main reasons why resettlement colonies don’t have any toilets, drinking water
and other basic amenities is because this is not an important issue for political parties in
the state. Even during the state elections, no one spoke about the living conditions of these
riot victims, no one cares about them.”
“In many colonies where riot victims live, there are no facilities for water, electricity or proper
toilets. At night, women are very reluctant to go to the toilets. They go together, in a group. It is
very dirty here. There is constant water logging and there is no proper drainage. There are so many
mosquitoes here. People get sick a lot.”
Mohammed Salim, President, Riot Victims Justice Committee, Muzaffarnagar District
The sole functional bore well at the Manovar Hassan resettlement colony.
Amnesty International India researchers visited six resettlement colonies: Falah-e-aam and Sarai in Muzaffarnagar, and
Manovar Hassan, Idrees Beg, Safa and Al-Khair in Shamli – about their living conditions. Without exception, families
in these colonies lived in unsanitary and dangerous conditions. Large pools of stagnant water, which provide breeding
grounds for mosquitoes, were visible in all the colonies. In most colonies, toilets, which invariably lacked proper drainage,
were shared by three or four households. Flies swarmed around open sewage, and rats were a common sight.
In some colonies, people used holes in the ground as toilets, their walls strung together from sticks and clothes. During
the monsoons, residents said, excrement from the toilets would overflow into their makeshift houses.

FALAH-E-AAM COLONY
ZUBAIR and his family fled Lisar village after their house was
ransacked and burnt. When the violence ended, Zubair thought
that things would return to normal. But for three years, this daily
wage labourer has been struggling to put his life back together.
The Falah-e-aam colony was built by a local Muslim group with
no support from the state. The houses don’t have potable water
sources, public toilets, or electricity connections. Families who
live here say they have petitioned the state repeatedly for these
services, but nothing has been done so far.
WASEELA says the buckets she uses for storing water are
stained yellow because of the poor quality of water available at
the Manovar Hasan colony near Kairana in Shamli district. This
colony is one of many where the state government has failed to
provide safe and potable water for riot victims.
SYEDA her seven-year-old son and her husband Aash Mohammed,
a labourer, fled Fugana after a mob killed her father-in-law. The
family lives in Idris Beg, a colony for riot victims that was set up
without any government assistance. Aash Mohammed received
compensation for his father's death, which was used to construct
a house that even today has no water or electricity connections.
One of my two daughters was sick. I took her to Delhi to see a doctor, but she couldn’t
survive. There are so many mosquitoes here in the colony. When it rains there is always
water logging, and water comes inside the house. My wife delivered my daughter in these
conditions. I am really helpless.”
– ZUBAIR
We were forced to leave all our
belongings. The government has not
given us any land to relocate, and we
had to buy land and construct our
house. We have no money left. The
government promised us INR 500,000
for which we applied two years ago.
We still haven't received any response
from them. The place where we live
has no electricity or water. At night, we
struggle in the darkness. There is no
drainage system, and there are just too
many mosquitoes. It’s very difficult to
live here.”
– SYEDA
You see the colour of the water, it’s yellow. You tell me how can we use this water for cooking
and drinking? My children have fallen ill many times after we shifted to this colony. There
are no facilities here - no electricity, no drinking water, the nearest hospital is in Kairana. We
spend most of our money on treating our children who fall ill drinking this water.”
– WASEELA
In this colony, the hand water pump is is in
the middle of a garbage dump. The water
is yellow, and because of all this garbage,
there are so many mosquito here. Most of
the water pumps don’t work. We have been
living here for three years. We left our home
in Fugana, and till now the government has
done nothing here. There is no medical
center and no electricity. We keep falling
sick all the time”
– RESHMA SALMAN
Zubair and his family in their home at the Flah-e-aam resettlement
colony, Muzaffarnagar.
Syeda and her son in their home at Idris Beg colony.
Waseela shows the buckets she uses for carrying water from the bore well
at the Manovar Hassan resettlement colony.
Mohammed Shahzad stands near an open drain at the Manovar Hassan
resettlement colony, Shamli.
IDRIS BEG COLONY
MANOVAR HASAN COLONY
Reshma Salman drawing water from a bore well in the middle of a
garbage pit at the Manovar Hassan resettlement colony, Shamli.
There are six water pumps here. But
there is only one where the water is
actually fit for drinking. If you take this
water and leave it for some time, you
will see how the water turns yellow.…
Most of the children here have either
malaria or cholera. When we go and
ask the tehsildar why there are no
facilities here, they tell us there is a
new government and that we have to
wait. For how long should we wait to
just drink good water?.”
– MOHAMMED SHAHZAD

In this colony, four houses here have to
share one toilet. There are at least 20
people in these four houses – it’s very
difficult, especially for us women. At night,
we have no option but to go to the fields.
There are regular arguments and fights
about who will use the toilet. Is this any
way to live? In the mornings, because many
people want to use the toilet, the children
are forced to go to the fields. We hear about
many schemes by the government about
creating toilets, but nothing is happening
here in Safa colony.”
– SAMMO
20 people from three households use
one toilet here, and most of us are
women… When one of is us using the
toilet, you will find at least 10 waiting
outside. It’s very difficult. When it
rains, all the waste comes out and the
drainage gets blocked. Don’t even ask
about how we manage at night! There
is no electricity and it’s very difficult,
especially during the winters.”
– ANISHA
There are no proper drainage facilities
here. I share the toilet with four other
households. My children have to go in
the fields. At night,it’s very difficult for
us women because there is no electricity.
The government has done nothing here.
You tell me: should anyone live like
this?.”
– MINA
I share a toilet with three other
households. There is no proper waste
disposal for the toilets here. The
waste comes out most of the time. It
always stinks here, and it’s difficult
to live in this colony. There are many
mosquitoes and there is no electricity,
so it’s very difficult to sleep at night.”
– MOMINA
You can see how difficult it is to live
here. There are only two hand pumps
that work here, two pumps for nearly
300 people. There is no electricity.
What is the point in living like this?
It’s so hard for my children to live
here, I am helpless. The government
has absolutely done nothing here.”
– ABDUL KALAM
Sammo near the toilet in her home in Safa resettlement colony, which is
shared with people from five other houses.
Anisha at her house in Safaresettlement colony, in which she shares a
toilet with 20 other women.
Momina in her home at the Safa resettlement colony, Shamli.
Mina near the toilet in her home at the Safa resettlement colony, Shamli. Abdul Kalam and his family at the Al Khair resettlement colony, Shamli.
SAFA COLONY
AL-KHAIR COLONY

INTERNATIONAL STANDARDS ON RIGHTS OF INTERNALLY
DISPLACED PERSONS
The United Nations Guiding Principles on Internal Displacement makes it clear that internally
displaced persons have the same civil, cultural, economic, political and social rights as anyone
else, and must not be discriminated against due to their status.
IDPs, as defined by the UN Guiding Principles, are persons or groups of persons who have been
forced or obliged to flee or to leave their homes or places of habitual residence, in particular as
a result of or in order to avoid the effects of armed conflict, situations of generalized violence,
violations of human rights or natural or human-made disasters, and who have not crossed an
internationally recognized State border.
The Principles require that persons should not be subjected to arbitrary displacement, and that
authorities ensure that displaced persons have an adequate standard of living. Critically, states
have a primary duty and a responsibility to establish the conditions, as well as provide the
means, to allow internally displaced persons to return voluntarily, in safety and with dignity, to
homes or places of habitual residence or to resettle voluntarily in another part of the country.
States should make special efforts to ensure the full participation of internally displaced persons
in the planning and management of their return, resettlement and reintegration. States must assist
returning displaced persons in recovering their property and possessions; and, when recovery is
not possible, ensure they receive just reparation. Unfortunately, India has no framework to deal
with internally displaced persons.
Activist Farah Naqvi says, “The fundamental problem in India is the absence of any acknowledgment
of the rights of IDPs. There is no national policy on conflict-induced displacement, and no justiciable
framework of rights to protect them. Thus, it is left to individual states to deal with each episode of
targeted violence, which leads to mass displacement, in an arbitrary and ad hoc manner.”
International human rights treaties to which India is a state party, including the International
Convention on Civil and Political Rights and the International Convention on Economic, Social and
Cultural Rights also recognize other rights particularly relevant to internally displaced persons.
These include the right to adequate housing, including the right to not be forcibly evicted from
land one occupies; the right to sufficient, safe, acceptable and affordable water; and the right
to safe, hygienic, secure, and acceptable sanitation. The rights to adequate housing, water
and sanitation have also recognized as being part of the right to life under Article 21 of the
Constitution of India.
Amnesty International India urges the
government of Uttar Pradesh to:
– Establish an independent mechanism to
reassess the damage caused to families
during the Muzaffarnagar riots and provide
full reparation, including compensation,
rehabilitation and restitution.
– Ensure that all families living in
resettlement colonies receive aid without
delay to provide for their immediate
needs, including housing, food, water,
and health care.
– Conduct an audit of the conditions of the
resettlement colonies, and take steps to
ensure the rights of all those displaced
by the Muzaffarnagar riots to adequate
housing, water, sanitation, healthcare, and
other rights, in consultation with them.
RECOMMENDATIONS
Harsh Mander, in his capacity as a Right to Food Commissioner appointed by the Supreme Court of
India, wrote to the chief secretary of Uttar Pradesh in December 2016 asking about the status of welfare
schemes in the resettlement colonies. The chief secretary in turn asked officials from the departments
for education, labour, electricity, public works’ the Muzaffarnagar and Shamli district social welfare and
district minority welfare departments; the water board; and the district supply officers and chief medical
officers, to reply. There has still been no response.
Amnesty International India urges the
government of India to:
– Enact a robust law to prevent and respond
to communal violence, which incorporates
international human rights principles of
relief, return, and resettlement.
– Establish a comprehensive national policy
on internal displacement in line with
international human rights standards, which
provides for gathering information about
the causes and patterns of displacement,
and setting up mechanisms to prevent
displacement, respond to immediate
needs, and enable durable solutions, in
consultation with displaced persons.

AMNESTY INTERNATIONAL INDIA
#235, 13th Cross, Indira Nagar, 2nd Stage
Bangalore – 560038. Karnataka, India
JOIN THE CONVERSATION
www.facebook.com/AIIndia
@AIIndia
CONTACT US
contact@amnesty.org.in
+91 80 49388000
The Manovar
Hassan resettlement
colony, Shamli.

Muzaffarnagar report

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