Victim Diksha & her sister Panchashila are resident of Shindi village belonging to (newly Converted Buddhist fold) from schedule caste background which comes under SC. Victim Diksha is studying B.A. –I and Panchashila pursuing H.S.C.

            On dated 19^th Jan 2009, after routine college, Panchshila returned home nearly at 12.30 and had with Diksha and were heading for their farm to help mother, father and brother. On the way to field, accused Jagganath Jadhav and Bharat Jadhav saw them and commented “Salam Tumacha Sabhetela” (Salute to your silence ladies!) . Along with that they uttered nasty words however the girls did not react and went to the field.

            In the evening at around 5.45 p.m Panchshila, Diksha and her elder sister Suvarna’s daughter named Priya (age 4) were returning  from  field, accused Jagganath Jadhav, Bharat Jadhav, Kailas Deshmukh and Barik Deshmukh walking back side of both sister Diksha and Panchshila with whistle and ringing songs in the mobile. After some time Jagganath Jadhav pushed  Panchshila. She asked him why he is doing so. But Jagganath slapped  both the sisters. He also abused on caste lines “ Dhedgyano Lay Mazlat kay ani amahala  vicharayachi tumachi maharachi himmat hai ka ?” ( “You untouchables have no right to ask whatever we do) and  four accused started hurling abuses containing caste and mother. This was not worst, they started beating. Four accused used stick, still, hand and legs. They smashed girls on chick , hand, chest, waist and pulled hairs.  Jagganath called his colleagues named as 1.Tukaram Rajaram Jadhav 2. Datta Ashruba Deshmukh 3. Anil Jadhav 4. Devidas Jadhav 5. Shashikant Jadhav 6. Shyam Jadhav 7. Manubai Jadhav 8. Limbabai Deshmukh. They soon started abusing “lay mazalet dhed” ( “These Mahars have crossed the limits”) and warned to kill. They brought  them while beating in the village. Diksha could no withstand. She felt down. She can not talk or walk. However Panchshila ran fast and told the incidence to her brother and other family members.

            With the ready intervention of a Dalit activist, Mr. Rajesh Sonvane they went to police station  at 10 p.m on 19th Jan 2009. To their surprise irresponsible Police Inspector Mr. Pawar was not ready to register the FIR.  When Mr. Rajesh Sonvane called Superintendent of Pawar then only P.I could register case at late in night at 2 P.M.

            During this night Diksha’s health condition went bad to worst. She was serious and her brother went to Kaij Rural hospital with Diksha, Dr. Pritam Raut a medical officer too did not care much.

            Dr Pritam Raut sent back Diksha and her brother to home. Next morning her condition deteriorated further as she was under huge psychological trauma. During that time, another Civil rights activist Ms. Manisha Tokale and her team reached Shindi village. She supported the family emotionally and lead them to Kaij Rural hospital. As if planned Dr. Pritam Raut was on leave. Their Diksha went unconscious due to lack of oxygen support, immediately Diksha was referred to Ambajogai governmental hospital.

The village Mau is located 50 Kilometers from the District headquarter Alwar and 10 Kilometers from the Mundawar police station. Pooja (15 years) d/o Gordhan Lal resident of village Mau, District Alwar has been studying in class 10^th. Her neighbor Susheela Devi worked as an assistant in Aangan Badi of the village. Sunny, daughter of Susheela Devi is Pooja’s school friend. Susheela Devi had illicit relationship with Atar Singh, Sarpanch of the village. Atar Singh was the most corrupt man of the village. He was involved in many cases of sexual abuse and disgracing the modesty of women. But no woman ever dared to speak out against him out of fear of his caste people as they are highly dominant in the village. Susheela Devi was equally involved in his crime as she provided him with women to serve his sexual lust.

On 29^th December 2008 at around 10 am, Pooja was at home when her friend Sunny and her mother Susheela Devi came and asked her to accompany them to their home to see the photo album of Sunny’s marriage. Pooja went with them. Pooja saw the album and stayed there for almost one and a half hour. Then Susheela Devi asked Pooja to get along with her to the fields to get some Bathua (a type of green leafy vegetable). Trusting her as she was her neighbor and her friend’s mother, she joined her to the field. On the way near the mustard field, Susheela Devi gave her some Prasad (food considered as blessings of God) to eat. The Prasad had some sedative drug added to it. As soon as Pooja had it, she started losing her consciousness. The perpetrator Atar Singh Jatav was already hiding in the mustard field. He came to Pooja and dragged her in the mustard field. Susheela Devi went away from there after handling Pooja to the culprit.

Atar Singh Yadav raped Pooja many a times. When Pooja tried to protest and shout, he clutched her mouth and threatened her to kill. When Pooja started regaining her consciousness, he took her to Susheela Devi’s home at around 6 pm. He threatened Pooja not to tell anyone about the incident otherwise she will be killed. After he left, Pooja narrated the whole incident to Susheela. But instead of helping her, Susheela asked her not to tell anyone about it otherwise her prestige will be gone and no one will marry her. Pooja stayed at Susheela’s home till 11 pm. After that again the perpetrator Atar Singh along with Pawan Kumar s/o Babu Lal came there and picked Pooja from there and dropped her near her house and ran away. Somehow Pooja arrived home. She was not conscious enough to say anything. Next day in the morning, on 30^th December 2008, when she regained her consciousness fully, she narrated the whole incident to her family members. As soon as Pooja’s parents came to know about the incident, they went to police station and lodged an FIR No- 360/08 dt 30.12.2008 under sections 328, 376, 34 IPC and 3(1)(xii) SC/ST Act against the perpetrators.

However, the local police registered her FIR and started investigation but even after 10 days from the date of incident, they failed to arrest the accused. On 6^th January 2009 a delegation of CDR met the District Collector and Superintendent of Police for immediate arrest of the accused but even then the local police was unable to arrest the perpetrators as they belonged to influential caste. This lethargic and unsupportive attitude of police increased remonstration in Dalit community and at last all the villagers of Mau village united and on 7^th January 2009 organized a protest in front of SDO office, Mundawar where Surendra Kumar, SDM was given an ultimatum of 16 hours to arrest the absconded perpetrators otherwise the demonstrators will organize a ‘Band” in Mundawar Bazaar (mass closing of market). But the local police could not arrest the perpetrators in the given time.

Thus on 8^th January 2009 Dalits, activists and other organizations including 200 women organized a ‘band’ at Mundawar Market and protested with sticks in their hands.  On the Bahror- Khaerthal Marg, at Sodawas roads were blocked. Deputy Collector of Alwar somehow assured the mob to arrest the culprits within 10 days and persuaded them to open the ways. Police and administration superficially put efforts to arrest the perpetrators but nothing was tangible. Again on 15^th January, Dalits, Centre for Dalit rights and other organizations working for human rights organized a mass protest rally where around 2000 individuals participated. Administration asked for 3 days time to arrest the culprits. But even after three days the culprits were not arrested. Due to which the Dalit community people announced an unending ‘sit in’ strike. Thus on 22^nd January 2009, the absconded perpetrator Atar Singh was finally arrested. Due to protestations from Dalit community, the investigation was handed over to Superintendent of Police Don K. Jose.

Administration provided her with a monetary relief of 50,000/- for which she was eligible and entitled under the rule 12(4) of SC/ST Act 1989. Accused compelled the victim to compromise in the case but administration did nothing in this regard and did not provide any safety and security to her and instead helped the accused. The accused was acquitted from all the charges by the lower court on 7^th August 2009. Now the victims have filed a revision petition against the judgment which is pending in the court.

The village is situated around 6 kilometers from District headquarter Alwar, 172 kilometers from Jaipur and around 3 kilometers from Police station Kotwali. Rinka (7years) has been living with her brother Tarun and father Tika Ram. Her mother passed away when she was born. She has been studying in class 3^rd. Her aunt takes care of both the kids. Her father works as a cobbler but his mental condition is not sound. Her aunt works as a domestic help in nearby houses. Rinka’s father and aunt leave home early in the morning and come back around 4 pm. Rinka and Tarun stay back at home. On 19^th December 2008, as it was a holiday, Tarun and Rinka were at home.

Around 11 am they went to Paltan ground to get some wood and sticks for burning. Meanwhile, Mukesh S/o Lal Chand Saini came there and asked Tarun to get him a pouch of ‘Mama Brand’ tobacco. As Tarun denied getting it, Mukesh scolded him and bribed him to get toffee for himself. So he went to bring that. Mukesh asked Rinka to fetch her thicker woods and forcedly took her behind the bushes. There he seized her mouth with his hand, slapped her, pushed her on the ground, torn her lower wear and opened his own pant, laid on her and started doing odious activities with her. Meanwhile Tarun came there and didn’t find Rinka and thus started searching her. In the bushes, he saw Mukesh lying over Rinka with no clothes. He ran away to call his aunt Santosh. He started shouting breathlessly and narrated her about what he saw. Her aunt accompanied him. Meanwhile, listening to Rinka’s cries, people who were nearby came running. On seeing her aunt and other people coming towards him, Mukesh stood up, wore his clothes and ran away leaving Rinka in a pitiable condition.

Santosh saw that Rinka was badly injured and blood was oozing out of her genital parts. Her face was swollen and abrasions were there on her face, hands and legs. Santosh made Rinka wear her clothes and brought her back to home. Many of the colony members gathered and together they went to the house of the accused. They asked Mukesh’s mother about him but instead of helping, she started shouting on those people and brawled with them. Soon police came there and took the charge of the case and arrested Mukesh’s father and brother as they only helped Mukesh to run away. FIR was registered and victim was sent for medical examination. Soon police arrested the culprit and filed charge sheet against him. Now the matter is still pending for trial under the court.

Police when was informed about the matter, instantly went to the site and arrested culprit’s brother and father and next day arrested the culprit also and sent the victim for medical examination. The administration provided statutory monetary relief of Rs. 50,000/- to the victim under the rule 12 (4) of SC/ST (PoA) Act 1989. Victim’s medical examination was done on the day of the incident. Challan was submitted in court. Now the case is pending for trial. The accused family, when told about their son’s misdeed, they abused victim’s family. They helped the culprit to run away. But police arrested his brother and father and next day arrested the culprit also. The case is under trial and pending for hearing. 

Case in Brief:

PrasannaKumari(36), SC Mala by caste, is working as a Telugu Pandit in Morrlapalem High school since 17^th September 2002. After a few days of Beera Prasanna Kumari (victim) joining the school, Bhamidipati Ramana murthy, OC Brahmin by caste, headmaster of the school verified her certificates.

Knowing from her certificates that she is a Dalit woman, he sarcastically mocked at her whether Dalit people also do Telugu pandit course. He also questioned her whether people eating meat and fish can sing poems well. Also he looking at her surname BEERA, asked her whether she is Mala or Madiga .To this question she answered to look into her certificates. To this the accused had cross questioned that in his village such surname is borne by Madiga and how can victim say that she is Mala. This had hurt the victim. She in turn asked the accused why he asks about the caste which is irrelevant to her job. She also said to gauge her performance in job instead of evaluating her by her caste. The accused had been treating the victim as an untouchable right from the day of joining the school. Also had been degrading the caste to which the victim belongs.

In the school assembly, looking at the victim, he addressed the pupil and abused pupil belonging to Ambekar Banta. The accused had been treating the victim and pupil belonging to the caste of victim very low and deserted them. He had even imposed restrictions on the movement of victim. Situation became so worse and she had to take his permission even to enter washroom.

On 07/12/2008 in the morning the accused called victim on telephone and said her to take few pupils to Don Bosco School for an exam and board them on return bus. Victim went there despite it being a Sunday. After finishing exam, students being thirsty asked for water. Victim’s home being nearby, she had taken them there to have water. Later she boarded them on return bus.

Next morning the accused in presence of the students, villagers and colleagues had shout on the victim for she had taken OC children to her home despite she being a SC. He had used abusive language and was about to assault the victim without even considering that she is a woman. He also warned her against doing such things which according to him do not befit her caste. He had even abused the victim and her caste in filthy language.

Victim had complained this to school committee and Sarpanch. They had questioned the accused about this matter. He then admitted his mistake and sought apology. Also he gave a word that he will not treat victim as untouchable and never abuse her in filthy language. But soon after these committee people and Sarpanch had left the school premises, the accused had raised the children against the victim in every class room. He questioned them whether they want their Mala Teacher or him. He also said he would boycott the classes in the victim’s presence.

On 11/12/2008 when the victim had been to school, pupils were agitating against her. They were shouting slogans for the accused and against the victim. The pupil were so highly estranged that they went to the extent of boycotting classes and exams if victim goes to the school for job. The students also demonstrated dharna in favor of the headmaster. A complaint was reported in Atreyapuram PS.­