INDCARE

One dark day the model community of Meera Bagh with the two hundred women partners of twenty Self-help groups with five hundred households, came to know that they are being evicted without a notice of sorts. This 'threat of eviction' incident raised a big question in front of INDCARE and its women partners of Micro Credit programme not only in Meera bagh but also in other 35 communities where Micro Credit was taking shape into a movement.

The organization started with these objectives and over the years with experience like that of Meera Bagh changed the attitude of the organization and also the approach towards its work. The idea now was to form aware groups of women who could advocate their issues themselves.

Not only that there was series of such incident of forced demolition changed the attitude of the community towards the process of up gradation with the jolt of demolition of 17, 304 and 450 jhuggies in Shanker Garden, Possangipur and Meera Bagh respectively. In these areas INDCARE had formed and strengthened the SHGs through various activities like vocational, education, health, income generation and credit has been extended to the groups to enhance their economic social status.

The series of demolitions caused the women to think on the following open-ended issues.

Issues emerging out of the Evictions

Why there is no fundamental right for shelter when there is one for livelihood as per the Istanbul
Declaration 1996 (Habitat II Conference Declaration)?
Why eviction without proper notice and without an alternative?
Why slum dweller does not have access to land right and has to undergo destruction of property, assets and belongings?
Why slum dwellers are not treated as citizen in spite of having voting right?
Why evictions during the monsoon or winter?
Why eviction is not declared as a violation of human right?

The realities are such that they bite

There are 1600 slums in the state of Delhi houses over forty-lakh population. These Eleven thousand eight hundred fifty five women are just the drops in the ocean that can bring about a visible change. The level of Urbanization has gone up from 23.31 to 27.78 in two decades with the growth rate of population being 6%. As per the High Court Judgement dated November 29, 2002 'Approximately 3 Lakh fresh migrants come into Delhi every year in search of gainful employment and opportunity which are available in unorganised and informal segments in the Metropolitan economy.' Other reasons for the rural to Urban Migration is due to No job opportunity in the villages, Lack of Rural development and lack of growth of industries in rural areas, Unviable rural land holdings due to fragmentation/sub-division leading to growth of landless population.

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Towards housing rights

The birth of women voice 'Mahila Chetna Forum' was a sequel to the threat of evictions that took place to address the issues of evictions in the slums of Meera Bagh, Shanker Garden and Possangipur. 'Mahila Chetna Forum' has filed written submissions at National Human Rights Commission and Delhi High Court 1996 and Civil writ 531/1997 respectively and posed following questions for the consideration and answer from both:

Whether it is not the duty of the State to regulate land use and provide for equitable use of land so as to ensure to all citizens the solemn affirmation that the ownership and control of material resources of the community are so distributed as best to sub serve the common good as guaranteed in Article 39 (e) of the Constitution.
Whether a citizen who in deprived of and denied equitable access to land and land resources for housing cannot raise a claim against the state to discharge the above said Duty under Article 39 (e) and to secure the guarantee under Article 14 and 21 of the Constitution.
Consequently, whether in absence of discharge of such a duty and satisfaction of such a requirement as above said, any state acting under any law or subordinate legislation providing for summary eviction could not be unconstitutional and violative of article 14 and 21 of the Constitution.
When Enactment like Urban Land Ceiling Act area step in this direction whether the National Housing Policy which is the outcome of deliberations on the requirement of discharge of such duty is not binding instruments of law and has the same status and authority as enacted law.

The methodology adopted was

To create network "Women Solidarity Groups" in form of the Self Help Groups and generate socio-legal awareness on the rights and responsibilities pertaining the land rights and living conditions
To network with ward members/ city authorities of the area to make them accountable for services in the area.
To facilitate promotion of an alternative credit mechanism to access resources to women.
To network with other NGO in the city and country who are working on the Housing issues.
To impart social skills to negotiate with the authorities in order to procure the basic amenities.
To resist forced eviction through representative, review petition etc. to the city authorities/court.
To sensitize bureaucracy, judiciary and opinion leaders through media, advocacy.
To build up solidarity of the underprivileged communities in other parts of Delhi by networking through exchange visits and campaigns

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The positive aspects of the Self Help Groups in Urban Governance

At the Grassroots Level

The women not only talked about credit, internal versus external loans (already mentioned above earlier in the application) but also discussed the issues that affected their lives. In one of the slum Shanker Garden SHG took initiative to solve water crisis and sanitation in an exemplary way.
Water was a problem in the community. Women had to go two kilometers away to fetch water, as there was no municipal water connection up to the community. It was the time of elections and political candidates were visiting the area for votes. Women group negotiated with them and placed their demand to bring water up to their doorstep. In response the elected representative provided five water connections to cater their need. But this was not enough to fulfill the need of 750 households. The group took step ahead and contributed money from each household. The five points were converted into each 'gali' and each house for easy accessibility of water. Today the women of Shankar Garden have easy accessibility of water due to their own efforts.

Sanitation unit existed in the same slum but without maintenance; as a result it became unhealthy to use this unit. The inhabitants of the slum started going out in the open and that created nuisance for the residents in the surrounding area.

Then the SHG decided to take up the issue and demanded to construct complete sanitation unit for men and women separately. After having number of rounds of talks the authority had to listen to them and fulfilled their demand by providing 18 units of toilet separate for men and women with bathing facilities. One can visit that area to see the cleanliness and the maintenance of the surrounding through pay and use.

The groups in this area has also solved their other problem by doing Shram Daan (physical labour) and financial contribution for maintenance of roads and drainage also. The similar approach was being applied to other slums as well where the Self Help Groups were taking place.

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At the Policy Level

The National Human Right Commission passed the following order in the interim report to concerned authorities like DDA, GNCTD and Ministry of Urban Development (MoUD) to submit their reply/ report before NHRC. Or in default the commission may proceed to such actions, as it deems proper and further in the interim report of NHRC says that
'The demolition of the short notice certainly leads to the harassment to the dwellers and their minor children as they are rendered homeless which attracts the violation of Human Rights'.

The similar question was raised in both the houses of parliament on 5th December 1996 and the following answer was given:

Government is committed the progressive realization of the right to adequate housing as a component of the right to adequate standard of living, through a number of concrete measures outlined in the National Housing Policy…

The forum understood the language and the meaning of solidarity towards common cause that has been reflected in the convention of World Habitat Day 2000 where more than 7000 members of 'Mahila Chetna' participated and pressed their demand before Urban Affairs Minister to consider shelter as a State affaire.

The minister announced that the no JJ clusters settled prior to 1998 will be demolished all basic amenities like electricity, water and toilets will be provided there. But in case of any of the JJ clusters is demolished for the integrated development of Delhi then alternative plots will be provided and its ownership right will be given in the name of the woman.

Inspite of this Successful chain of events the women of Mahila Chetna INDCARE were, bombarded with a Judgement of High Court of Delhi CW-531/1997 dated 27-9-2002 and 29-11-2002 and same out in the newspapers.

No alternative sites are to be provided for the removal of squatters on public land.
Encroachers and squatters on public land should be removed expeditiously without any pre-requisite requirement of providing them any alternative sites.
Land owing agencies will maintain database on the existing land status and carry out periodic checks to ensure no further encroachments take place.
The Commissioner of Police will render all possible support to agencies in removing these encroachments.
The responsibility for the lapse should be fixed on the officials concerned and the local police officials in case the encroachments come up.

Quoted from Times of India, Leading News paper of India Dated 1st Dec 2002 and the Gist of the judgement of High Court of Delhi CW-531/1997 dated 27-9-2002 and 29-11-2002.

On one hand the NGO is working for the Micro Enterprise to bring about women empowerment and using shelter as an asset for the sustainability but on the other the attitude of the bureaucracy, the law makers, the policy framers and also the authorities that provide the service is indifferent and unempathetic towards these so called invisible contributors to the economy of the nation.

The immediate need to follow up:

To mobilize the masses for the formation of the Solidarity groups
To sensitize bureaucracy, judiciary and opinion leaders through media.
To Strenghten solidarity Groups like that of "Mahila Chetna" of the underprivileged communities in other parts of Delhi by networking through public opinion building, exchange visits and campaigns
To strengthen promotion of an alternative credit mechanism to access resources to women not only for enterprises, but also for land, shelter and low Cost technology
To gather information through various sources like national and International level on the issues of Micro Credit, Shelter and the Women Empowerment.

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For the woman who is in the slums the threat of being evicted any time is hanging like a sword. She is at the threat and facing the brunt of the same at that time. She faces the trauma of eviction. For the same Indcare has started the preparedness of the community for the Alternate relocation plans with the land owning agencies. The women of Mahila Chetna will be the aware women who know as to what is going to happen. The checklist of the Do's and the don'ts will be provided to them after the consultations with the community.

Shingari's New Home (Low Cost Housing for Poor Women)

She was Relocated to Hastsal in West Delhi two years ago
Her colony has four thousand households in five blocks
When she came here there were no roads, no toilets, no schools, no dispensary, no electricity and no transport
She was Relocated to Hastsal in West Delhi two years ago
Her colony has four thousand households in five blocks
When she came here there were no roads, no toilets, no schools, no dispensary, no electricity and no transport

Vision for the Women Of Mahila Chetna

INDCARE provided her with loan of Rs. 35000/- for the construction of her house along with the Cost Effective Technology
INDCARE visions to build with Community Participation more households in Holumbi Kalan a colony with 10000 households

More such homes need to be built so that the resettlement colonies do not, look like slums again. There are lot gaps in the same.

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