Late Satyananran Ram (40) s/o Late Baldev Ram, Sushila Devi w/o Late Styananrayan ram is r/o Narayanpur village, P.O. Darihara, P.S. Mahuwa, Dist. Saran (Chhapra), belongs to Chamar (SC) community.

On the incident day, 07/04/2009, deceased Satyanarayan ram went to Laxmi chouk of the village to take a cup of tea. While returning home back, the accused persons namely Shasthradhan Shah s/o late Ramjeevan, Ratnesh Bhagat s/o Brahmadev, Abdhesh Shah s/o Chaturbhuj, Rakesh Bhagat s/o Rajendra, Raju Bhagat s/o Mathura, Vijay Bhagat s/o Yogendra, Manoj Thakur s/o Vishwanath, Rampravesh Bhagat s/o Rajendra, Sunil Bhagat s/o Shyambihari, Chandan Kumar Shah s/o Abdhesh, belonging to dominant caste community went with motorbikes and blocked his way. They abused him in caste name and beat mercilessly. When he tried to run and hide himself to save his life, the attackers opened fire at him and he died on the spot.

The reason behind the incident was that Late Satyananran was a School committee president, thus there a dispute between victim and dominant caste people over construction of school builind and thus Satyanarayad had lodged complaint in the police station, where many from dominant caste people were arrested. When they released on bail, took revenge of the incident.

A case was registered in Mahuwa police station on 08/04/2009, as No. 109/09, u/s 302,307,120B, 34 IPC & 27 Arms Act. Only 5 accused persons were arrested but bailed out. The case was acquitted in a Lower Court but the survivor has appealed in the Patna High Court. 

Poja Kaur is a married Dalit woman, living in Dadpur Colony near Railway Station Alwar. On 5^th April 2009, at 1:30 pm, the accused people telephoned her from Abbas Khan, friend of her husband Bunty informing that he was standing in front of Mittal Hospital and her husband had consumed too much liquor and not in conscience. Abbas also asked her to come immediately and take him to house. The victim immediately reached Mittal Hospital, where Abbas was standing. The victim asked for her husband, but Abbas replied that after getting another patient in the hospital, he would take Poja Kaur to her husband.

After some time Abbas took her to Bhagat Singh Juice shop and gave a glass of juice. After having juice, victim felt giddiness and so she asked Abbas to take her to husband. Upon this he took her to Budh Vihar and stopped in front of room and told her that her husband Bunty is lying inside the room. As soon as she entered into the room, she saw Manoj, another friend of her husband Bunty and the other person whom she did not know. All these three people caught hold of her and forced her to drink alcohol, after that raped her one after the other. They spent whole night over there and at about 7 a.m, they dropped her near the bridge. Manoj and Abbas threatened her not to tell this incident to anyone else or else she would face dire consequences.

After the incidence, the victim, with the help of one Karan managed to lodge complaint in Mahila Police Thana Alwar on 7 April, 09. On the basis of complaint the police registered a case No. 34/09, u/s 366, 328, 376(2) IPC & 3(2)(v) of SC/ST (PoA) Act. The police investigated the matter but did not arrest ManojYadav, the main accused; who was is a police constable living in Police Line Alwar, for a long time.

It was also observed in this case that Police Authorities wanted to protect the rapist Manoj Yadav, Police Constable in the same area and tried to weaken the case. The Public Prosecutor was also said to be influenced by another main accused Abbas and did not plead the case effectively in the special court. This is a very genuine case but because of lapses on the part of Public Prosecutor and maximum links of all powerful rapists with the police and justice providers. The SC/ST special Court Alwar acquitted the accused perhaps on technical grounds whereas credible evidences have been fully appreciated by the court. The laxity on the art of local police clearly proved in the view of the non arrest of the main accused Manoj Yadav constable and also diluted the evidences.

The tragedy of this case is that after acquittal of all powerful rapists by the  court, the poor and helpless Dalit victim was so depressed drain that she beaten her little daughter who finally died. Now the poor helpless Dalit woman Pooja Kaur is undergoing jail sentence in Alwar.  

Masaani and his wife Subaathal, resident of Sridevi Nagar, Souripalayam, Coimbatore District, belongs to dalit Arunthathiyar community. Both were daily wage labors. They have been in a government Poromboke land at Sridevi Nagar for the last 25 years. They have filed many petitions with the district administration seeking provision of housing patta. But the government is negligent to provide. Puratchithambi and Seralaathan belongs to dominant caste hindu Devar community, who wants to usurp the land for their personal benefits, were threatening Subaathal and her family members to vacate the premises.

On 30/03/2009 around 12.00 am, while Subaathaal and her family members were having a family get together, Puratchithambi, Seralaathan, Rajendran, and Kuppuraj (Naidu) belonging to dominant caste hindu Devar community, came there along with other 90 members. Puratchithambi verbally abushed Subaathal saying, “ Sakkili prostitute where is your husband, can’t you vacate the land?. Then he ordered the mob of around 90 members who came in two mini autos, two call taxi and four autos, to ransack the house and to threw the Subaathal family outside the premises. Then the mob ransacked the house. Seralaathan caught hold of Subaathaal’s grandson Sampath and kicked him. Then the mob brutally assaulted Subaathal, Palanisamy (son) , Kumar (son) , Lakshmi (daughter), Bhuvana (grand daughter), Divya (grand daughter), Sangeetha (daughter-in-law) and Sampath (grandson). All the victims ran away escaping from this assault. After an hour they came back and witnessed that their house was completely destroyed and brought to the ground. Then they filed a case with the Peelamedu Police station. The police who registered the case have not arrested the perpetrators. Police department is negligent to take action against the perpetrators considering their money and muscle power.

Later in this case, two were arrested and Subaathal was provided with the housing patta by the Revenue Inspector.

Eichampalli Keeramadai village is in Modakurichi Union, Erode Taluk, Erode District. This village is home to nearly 150 Arunthathiyar families. Around their village, dominant caste hindu Kounders are in majority and they owns all the agricultural lands. Most of the dalit Arunthathiyar families are working as daliy wage farm labourers in the agricultural fileds owned by the Kounders. They lack basic facilities for their decent survival. Due to scarcity of housing land, some of the Dalits built thatched houses in the government poromboke land adjacent to their village. On noticing this Senthilnathan Kounder raised objection to this occupation and threatened to burn the houses if it is not removed. But the Arunthathiyars rejected his objection and insisted to stay in the poromboke land. Senthilnathan and Chinnasamy said that they are going to built a park over here and asked to move out of the occupied land. Hence on confirming that this land belongs to government, they filed a petition with the District Magistrate seeking provision of housing patta for the newly built houses. But the District Administration is negligent to fulfill the request of the Dalits. In the mean while, Chinnasamy filed a petition with the District Administration seeking denial of housing patta for the Arunthathiyars over this land. 

On 29/03/09, around 10pm Senthilnathan, Chinnasamy, Sakthivel, Selvan, A. Sengappan, V. Mani, K. Karthick, A. Velusamy, Chinnappan, R. Bhupathi, Vishwanathan, M. Kuppusamy, Tailor Kumar, M. Shanmugam, M. Anandhan, K. Duraisamy -  belongs to dominant caste hindu Kounder community, burnt the five houses of the dalits, which were built in the government poromboke land. As the 5 houses were burnt, Mayilsamy, Bahavathy, Velusamy, Rajchitra and Moorthy families rendered homeless. A case was filed against the perpetrators, but the police arrested only two of the perpetrators namely, Senthilnathan and Duraisamy kounder.

On 30/04/09, Palansamy Kounder, Jagadeesan, Saravanakumar, Thangavel, and Ganesan belongs to Kounder community, who were in support of Dalit Arunthathiyars were brutally assaulted by Suryamurthy, Murugasen, Dhanasekaran, Senthil and others. Hence police arrested 3 of the perpetrators. Palanisamy Kounder who sustained severe injury, is in coma stage.

Later the District Administration provided Rs. 150000 as compensation to the victims. The case was dismissed in the Erode Sessions Court.

Victim Bhikhan Das is a school teacher in Amruta village and belongs to Dalit community. Manoj Ku. Ray is the ex. school teacher and both Ranjan Kumar and Dhiren Sen Gupta is bank employee. Amount of Rs.5 lakh and40, 000 had been sanctioned to the school for class room building. But three of the accused are involved to mismanage the money.

Legal Standard Breached:

1.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
2.       General recommendation 19 of CEDAW relates to gender-based violence and recommends amongst other things that states should take all legal and other measures that are necessary to provide effective protection of women against gender-based violence including effective legal measures (including penal sanctions), preventive measures (including public information and education programs) and protective measures.