In a rare move to protect human rights of people subjected to hereditary bondage, Odisha Human Rights Commission (OHRC) has decided to become an intervener in a civil court case.
The dispute pertained to revolt by two barber community families in Odisha’s Puri district where they refused cut hair of fellow villagers and clean food leftovers in community feasts in lieu of annual compensation of 15 kg of rice, known as ‘Bartan System’.
For ages, families of Purnachandra Barik and Kelu Charan Barik had been residing on a piece of land recorded in the name of deity and other villagers in Manpur village under Brahmagiri police station of Puri district. They were rendering service as hair cutters for possession of the land.
In 2017, the two families were released from bondage as per Bonded Labour Abolition Act 1976. Subsequently, they informed the upper caste villagers that they would no more continue the undignified hereditary service.
Angered by the ‘defiance’, villagers had driven the two families out from the house and were attacked in 2020.
Baghambar Pattnaik, a renowned human right activist, brought the matter up before commission which got the case inquired by its own investigation wing. As the investigation found veracity in the complaints of two barber families, the OHRC directed State authorities to restore victims’ possession over houses and ensure their proper rehabilitation.
As many as 16 villagers were arrested for their involvement in atrocities against the two families. Upon their release from jail on bail, four villagers had filed a case before Civil Judge (senior division), Puri seeking eviction of the two families from the land. The case was passionately fought in court of District Judge, Puri and then in Orissa High Court.
Currently, the two families are not able to return to their houses while the matter is pending in court of the District Judge, Puri.
As the victims continued to face a sort of social boycott, the OHRC decided to take the matter in its own hand.
“Needless to say that the Protection of Human Rights Commission 1993 expects this commission to take a proactive role in the protection of human rights of citizens within its jurisdiction and for that it must take all effective steps to prevent violation of the same. It can also intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of that court,” observed OHRC bench comprising Chairperson Justice Satrughna Pujari and Member Asim Amitav Das.
The OHRC said it would now appoint an advocate to present the commission before court although the victims were contesting the same. The State human rights panel wants expeditious restoration of house of the families and their rights to live in village.
Mr. Pattnaik said, “although our society had made huge advance during past several decades, the shameful tradition of forcing barber and washermen communities to cut hairs and wash used clothes in lieu of paltry remuneration of 15 kg rice per annum is continuing. If these minority sections in villages muster courage to resist diktat, they are subjected to social boycott.”
The social activist, who has been fighting to end the shameful tradition for past two decades, said more than 2000 barber families had been released from hereditary bondage as per Bonded Labour Abolition Act 1976 in six districts such as Puri, Cuttack, Ganjam, Nayagarh, Khordha and Dhenkanal. There could be 150 families belonging to barber and washermen communities facing social boycotts for refusing part of demeaning tradition, he said.
