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A Dalit Youth Beaten to Death Over Land Dispute

  • Posted by: NDMJ - DELHI
  • Date of incident: 12-01-2013
  • State:: Bihar
  • District:: Patna Rural(DP)
  • Police station:: Patrakar Nagar
  • Summary::

    Deceased Rajesh Das s/o Late Kailash Das, Gudia Kumar w/o Rajesh Das is resident of Hanuman nagar, Ambedkar colony in Patna belongs to Chamar (SC) community and daily wage labourer. The victim was the native of the colony and owned a few decimal of homestead land. It is learnt from victim that Arjun Yadav came along with the family to the colony a few years back, grabbed the land of victim with false land documents and built a house. Thus there was an enmity between deceased Rajesh’s family and Arjun Yadav which paved the way for the murder of Rajesh.

     

    On 12/01/2013 in the morning when Rajesh was going for work, Arjun Yadav happened to meet him. He became irritated and abused him by saying “You bloody Chamar, why did you show your face to me in the morning, today you spoiled my day, I will kill you by holding your throat”. He caught hold of Rajesh, put a muffler around his neck and dragged tightly. Meantime

    Abhimanyu Yadav s/o Arjun Yadav, Prem Shila Devi w/o Arjun, Sujita Kumari & Bharati Kumari d/o Arjun & two others belonging to OBC community rushed to the spot and clutched his throat even more firmly and thus Rajesh died on the spot.

     

    A criminal case has been registered against accused persons in Patrakar Nagar police station on 12/01/2013, as No. 12/13, u/s 302, 34 IPC & 3(2)(v) of SC/ST (PoA) Act. One accused person is in the jail. The case is under investigation. The accused persons are harassing the victims to withdraw the case or compromise or else would kill them. The victim family has not received any compensation from the administration.

     

    Legal Standard Breached:

     

    1.       Murder is an offence punishable under section 302 IPC, and any person who commits any offence under the section 302 IPC punishable by imprisonment for a term of 10 years or more against a member of a Scheduled Caste, shall be punishable with imprisonment for life and with fine [sec. 3(2)(v) SC/ ST (PoA) Act].
    2.       Voluntarily causing hurt to and assault or another person is an offence Sec.323 of IPC 342,355. 34 of IPC
    3.       Whoever, wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred. [sec. 3(1)(iv) SC/ST (PoA) Act].
    4.       A person, who is not a member of a Scheduled Caste or Scheduled Tribe, who intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste in any place of public view, is guilty of an offence [sec. 3(1)(x) SC/ST (PoA) Act].
    5.       Whoever, being a public servant but not being a member of a Scheduled Caste or Scheduled Tribe, willfully neglects his/her duties required to be performed by him/her under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year [sec. 4 SC/ST (PoA) Act].
    6.       No one shall be deprived of his/her right to life or personal liberty except according to procedure established by law. No one shall be subjected to arbitrary detention or imprisonment [Art. 21 IC-FR, Art. 9 UDHR, & Art. 9(1) ICCPR].
    7.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].

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Dalit Bonded Labour Sadar Kotakpura

  • Posted by: Dalit Dasta Virodhi Andolan
  • Date of incident: 10-01-2013
  • State:: Punjab
  • District:: FARIDKOT
  • Police station:: Sadar Kotakpura
  • Chargesheet:: No F.I.R
  • Summary::

    Bhupinder Singh S/o Kalan Singh from Village- Fidde Khurd, tehsil and District- Faridkot Bhupinder Singh belongs to “Majhabi Sikh” which has been declared a Scheduled Caste by the State Government of Punjab.

     

    From last three years he and his brother Jagroop Singh were working with the employer Brijpal Singh(Ex. Sarpanch) S/o Dalip Singh , village- Fidde Khurd, tehsil & District- Faridkot who belongs to Jatt Sikh community. After one year of his employement he got married and whenever he asked to employer to go to his house he never allowed him to go. Even he could not allow him to meet his relatives of his wife. So he left the work of Brijpal Singh but Brijpal Singh did not allow his brother Jagroop Singh to leave the work. When Brijpal Singh demanded the bonded debt of Rs.30, 000 (Rupees thirty thousand) from him, then he left his job and joined the work of Amarjit Singh S/o Harnek Singh from the same village and the advance which he received from Amarjit Singh, he used to repay the bonded debt of his previous employer Brijpal Singh.

     

    Bhupinder Singh work continuously one year for Amarjit Singh and in the next year again Brijpal Singh sold him from Amarjit Singh and engaged him in his work. Brijpal Singh was extracting work from him day and night. He was not given any weekly rest or over time from the employer. The employer has never paid his wages on his many requestes he gave him only Rs.1500 in one year. Bhupinder Singh’s wife was working outside on daily basis and she was taking care of household expenses. When Bhupinder Singh demanded his wages from the employer he refused to pay him any of his wages and abused him on caste basis and imposed a debt of Rs. 175,000/- on him and started to harassing the family of Bhupinder Singh with the help of the police of P.S Sadar Kotakpura.The complaint for his release and rehabilitation was sent to the the District Magistrate on 25-1-2013, Faridkot. Now Bhupinder Singh is physically free but no FIR has been registered against the employer and his son for extracting bonded labour and harassing the family for bonded debt and to beaten Bhupinder Singh.

     

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Three Dalit Youths Brutally Slaughtered in Nevasa Block of Ahamadnagar

  • Posted by: NDMJ - Maharastra
  • Date of incident: 01-01-2013
  • State:: Maharashtra
  • District:: Ahmednagar(DP)
  • Police station:: Sonaii Police Station
  • Summary::

    The very first New Year Day of 2013 was risen with the brutal killing of three dalit youth in Ganeshwadi premises of Vitthalwadi village, Nevasa block of Ahamadnagar District of Maharashtra. It’s another bloodstain on the so called progressive State of Maharashtra after the Khairlanji Massacre.

     

    On 1st January 2013, Sachin Somwal Gharu (22), Sandeep Raju Thanwar (26) & Rahul Kandare (20) belonging to Bhangi (SC) community were brutally killed by Maratha natives Popat Vishwanath Darandale, his relatives and some associated villagers for having an affection with one of the daughter of Mr. Popat Darandale with deceased Sachin Gharu.

     

    Sachin Gharu was working as sweeper with the Ghadge Patil College of Trimurti Education Society at Nevas Fata, of Nevas Blok in Ahamadnagar. He was young and handsome so got in contact of one of the daughter of Mr. Popat Darandale who was learning in B.Ed. class of the same College. This fact was found objectionable to the Darandale family and therefore they planned to elevate him from world. Accordingly, on dated 1st January 2013, Darandale family through Mr. Sandip Mahadev Kurhe called Sachin Gharu, Sandeep Thanwar and Rahul Kandare to clean farm house toilet of Prakash Darandale situated at Kharwandi Road, Ganeshwadi premises of Vitthalwadi village, Nevasa block, Ahamadnagar District. They reached at the field in Ganeshwadi premises at about 11 am where Popat Vishwanath Darandale, his relatives and some associated villagers took deceased Sachin Gharu near under construction boar well (around 200 meter away from toilet)  and chopped his both the legs, both hands and head with the crop cutting machine. At the same time some of the perpetrators assaulted over the head of Rahul Kandare with blunt object like stone or stick near toilet and also forcefully ruined the Sandeep Thanwar in the septic tank of the toilet which caused their death. 

     

    Thereafter the some chopped body parts viz. both legs & hands of deceased Sachin Gharu were thrown in to the under construction boar well pipe which is having around 50 meter depth, perpetrators also tried to throw the head chopped of deceased Sachin Gharu in the same boar well pipe but due to the small length of pipe the head and the remaining body part was thrown in waterless well in the adjacent field of perpetrator Kailas Darandale which is around 500 meter away from toilet. Also the dead body of deceased Rahul Kandare was thrown in to the same waterless well.

    INCIDENT UNDER INVESTIGATION

     

    On 1st January 2013 by the evening around 8 pm the Sonai Police station got the call from Ganeshwadi that the body of Sandeep Thanwar is laying into the septic tank of Darandale family’s agricultural field and it was wrongly shown that he came to clean the septic tank and accidentally fall in the tank and died.

     

    Sonai Police Station in charge Mr.B.H.Dhangar registered inquest report and along with other police constables immediately rushed to the spot of incident and took out the body of Sandeep Thanwar. The police inquired about the family members of deceased Sandeep Thanwar they found that he was residing under the premises quarter of Trimurti Education Society along with his wife and one year daughter, so they took the mobile number of his younger brother Kapil Raju Thanwar and informed him telephonically. They also informed to Mukesh Prakash Changare, the relative of deceased Sandeep Thanwar. After the legal formalities the said body is sent to Rural Hospital at Nevasa for post mortem

     

    On dated 1st January 2013 Kapil Raju Thanwar and Mukesh Prakash Changare reshed to the field of Prakash Darandale and identified the body and also inquired about the Sachin Gharu & Rahul Kandare, but Prakash Darandale informed that they already left out. Till afternoon of 2nd January 2013, Sachin & Rahul were missing out, but police found the dead bodies of deceased Sachin Gharu & Rahul Kandare into the waterless well in Prakash Darandale’s field. The police dead recoverd bodies and telephonically informed to Kapil Raju Thanwar and Mukesh Prakash Changare, the relatives of deceased.

     

    Thereafter on 2nd January 2013 Mukesh Prakash Changare filed a written complaint against two accused Prakash Darandale & Ramesh Darandale as the dead bodies were found in their filed. On the basis of this written complaint F.I.R was registered at Sonaii Police Station on 2nd January 2013 at 8 pm under sections 302, 209 & 34 of IPC vide FIR No.I-2/2013 dated 02/01/2013. The Police arrested Mr. Ramesh Darandale & Prakash Darandale and sought their PCR of 14 days.

     

    On 5th January 2013 section 120(B) of Indian Penal Code and Section 3(2)(5) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities), Act 1989 is latter on added to the FIR. Therefore the investigation is forwarded to Mr. A.S.Gangurde and the Accused Popat Vishwanath Darandale (48), Sandeep Madhav Kurhe (33) & Ashok Sudhakar Navgire (28) were arrested and brought before JMFC Nevas for PCR, the Court granted PCR of these three accused till 14th January 2013.

     

    POSTMORTEM REPORT

    Sandeep Thanwar

    1.       The postmortem report of deceased Sandeep Thanwar conducted on 1st January 2013 at about 11pm and postmortem of two deceased Sachin Gharu & Rahul Kandare was conducted on 2nd January 2013 around 4;45 pm.
    2.       In the report of Sandeep Thanwar the Doctor made an opinion that the death is due to cardio respiratory arrest due to asphyxia due to drowning. The body was stained with fecal matter. Water material was found in the mouth &  lungs of the dead body. The stomach was empty. The abbreviation injury of 5x1 cm is found on the right side of the chest therefore the strong suspicion that Sandeep Thanwar might have been killed by assault on chest and then thrown in the septic tank.

    Sachin Gharu

    1.       In case of the postmortem report of Sachin Gharu, the report do mention about the amputation of right and left hand, both the leg at the level of knee joint and throat cut at the level of 7th cervical verbatim and head is separate from rest of the body and all are anti mortem injuries. The cause of death is due to acute cardio-respiratory arrest due to shock due to multi-organ injury.
    2.       The blood samples and hair of scalp sample is sent for Chemical Analysis and DNA test.

    Rahul Kandare

    1.       The postmortem report of Rahul Kandare revails the injury mark of 2cm on right leg , abbreviation contusion of 5x5 cm on left shoulder and 6x5 cm on right side of chest, 10x1 cm injury on head and some bone injuries on rest body parts. The cause of death is due to acute cardio-respiratory arrest due to head injury.
    2.       The blood samples is sent for Chemical Analysis.

     

     

    Till the date of this fact-finding i.e. 2nd February 2013 the charge sheet is not filed and the investigation is going on.

     

     

    CHRONOLOGY OF INCIDENTS

    1.       On 1st January 2013 Sandeep Thanwar received a phone call from one Mr Ashok Navgire informing him to reach the residence of Mr. Popat Vishwanath Darandale at Ganeshwadi  Nevasa to clean the septic tank. Sandeep Thanwar along with  Sachin Gharu and Rahul Kandale  left for the residence of Poapt Darandale at around 11:00 am.
    2.       At around 8:30 pm Kapil Raju Thanwar, younger brother of Sandeep, received a phone call from Sonaii Police Station that dead body of Sandeep Thanwar in found in the Septic tank of Mr. Popat Dharandale. Kapil Thanwar rushed towards the residence of Mr Popat Darandale. Kapil inquired with Mr Paraksh Dahrandale and Popat Dharandale about Sachin Gharu and Rahul Kandare. He was informed that both of them left the place of incidence.
    3.       On 1st January 2013 at around 10:40 pm one Mr. Mukesh Changre, a relative of Sachin Thanwar filed a complaint in the Sonaii Police station. The dead body of Sandeep was thereafter send for postmortem.
    4.       On 2nd January 2013 the relatives of Sandeep received a phone call from the Sonaii police station that dead body of the other two members was found in the agricultural land of Mr Ramesh Darandale at Ganeshwadi, Nevasa. After visiting the spot where the dead bodies were found, people witnessing were shocked to see the dead body of Sachin Gharu.  Both of his lower limbs were amputed from the knees and both the upper limbs were amputed from the shoulder. Also his head was chopped from the body. There were marks of injury on the head of Rahul Kandare. His dead body was also found near to the dead body of Sachin Gharu. Dead body of Sachin Gharu and Rahul Kandale were sent for Postmortem.
    5.       F.I.R was registered at Sonaii Police Station on 2nd January 2013 at 8 p.m. under section 302, 201 and 34 of the Indian Penal Code.
    6.       On 2nd January 2013 two accused Mr. Ramesh Darandale & Prakash Darandale arrested and sent to police custody remand.
    7.        On 5th January 2013 after a representation made by the some social activists to the District Collector Ahmednagar the Accused s were charged with section 120(B) of Indian Penal Code and Section 3(2)(5) of Scheduled Caste and Scheduled Caste (Prevention of Atrocities Act) 1989.
    8.        On 5th January 2013 the Accused Popat Vishwanath Darandale (48), Sandeep Madhav Kurhe (33) & Ashok Sudhakar Navgire (28) were arrested and brought before JMFC Nevas for PCR, the Court granted PCR of these three accused till 14th January 2013.

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Dalit Bonded Labour Bhalla Pind

  • Posted by: Dalit Dasta Virodhi Andolan
  • Date of incident: 29-12-2012
  • State:: Punjab
  • District:: AMRITSAR RURAL
  • Police station:: Ajnala
  • Chargesheet:: No F.I.R
  • Summary::

    Gurdeep Singh S/o Shinda Singh R/o Village Karalia, Tehsil: Ajnala District Amritsar. Belongs to the Mazhabi Sikh caste which is recognised by the State of Punjab as a Scheduled Caste.

     

    Gurdeep Singh & his family members were employed at Partap Bricks Udyog Samiti located in Bhalla Pind, Ajanala road, Tehsil Ajnala Dist: Amritsar. The name of the occupier of the said brick kiln, is Shri. Sukhdev Singh S/o Partap Singh. He along with his family members were employed as a Pather in the above mentioned brick kiln in December 2012. Payment of an advance amount of 65,000 (Sixty Five Thousand) was made to them. The names of family members are mentioned below.

     

    Sl#

    Name and relationship with complainant

    Age

    Sex

    1

    Gurdeep Singh S/o Shinda Singh

    40

    M

    2

    Bhajinder kaur W/o Gurdeep Singh

    38

    F

    3

    Kadar Singh S/o Gurdeep Singh

    16

    Male Child

    4

    Kajal D/o Gurdeep Singh

    15

    Female Child

    5

    Sandeep D/o Gurdeep Singh

    13

    Female Child

    6

    Rohan S/o Gurdeep Singh

    11

    Male Child

     

    Due to the brick kiln owners strike in the State of Punjab, they were not given any work, although they presented at the work place and employed there as well. They were not allowed to take up any employment of own choice and were compelled to remain present in the brick kiln. Theywere make to sit idle at the work place from December, 2012 till first week of April 2013. No compensation was given by the employer for the loss of wages. He and his family started worked constinuously for three weeks when strike was over in  the first week of April. After this, the employer, Shri Sukhdev Singh, also known as Deva, stated pressurising them to put his thumb impression on some papers.

     

     

     

     

     

    Being illiterate, they do not know the contents of the papers on which the employer was forcing to place his thumb impression. Gurdeep Singh refused to sign on papers. He thought his employer surely mis use this paper. Thereafter, the employer, without notice, threw them out of the brick kiln with the help of local police from Ajnala Police Station. Some trucks were hired by the employer and his family and they were removed from the brick kiln forcefully. They pleaded with the employer that their livelihood will be jeopardised, but the employer did not listen their pleas.

    They have no options, he and his family tried to take employment elsewhere because Partap Bricks Udyog Samiti demanded the debt amount of Rs 65,000 back from him. To his shock and dismay, they all denied by the entire brick kiln. It was the instruction of the occupier of that brick kiln that unless the debt advance was paid to the previous employer at Partap Bricks Udyog Samiti, they will not employ him in their brick kiln.

     

    Gurdeep Singh & his family members are in a state of starvation as they are being systematically denied employment in any brick kiln in Amritsar and elsewhere due to their debt obligation. Being Pathers, the only skills they have to earn there livelihood, is that of brick moulding and his life and liberty is in danger to the social boycott imposed by the employer.  He & His familys member’s only mistake, it seems, is that they stood up for their rights. That, for the past 5 months his family and he was in state of despair, being denied their right to life and livelihood.The complaint was sent to the DM, Amritsar and the persons were physically released but no FIR was registered against the employer.

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Minor Dalit girl raped in Jhadinuma slum of Chhoti Kebai village in Sahajahapur

  • Posted by: NDMJ-Bihar
  • Date of incident: 25-12-2012
  • State:: Bihar
  • District:: PATNA RURAL
  • Police station:: Sahajahapur
  • Chargesheet:: not filed
  • Summary:: On 25th December 2012, Evening around 7.00 Victim Malati Kumari(12) d/o- Shambu Majhi (41) a resident of Sigriya Village of Dist Patna was taking Sag from her village to her grandmother’s house Chhoti Kebai. Chhoti Kebai is situated nearly about 3km far from Sigriya. She went to Sigriya Square to get an auto, Guddu Yadav(22) S/O- Kanhai Yadav a resident of Chhoti Kebai an auto driver was there with his auto, he asked Malati where to go, and then she said she wants to go to Chhoti Kebai. Guddu told her his house also there in Chhoti Kebai so he promised her to take her to the village and made her get into the auto. Then he stopped the auto near Kebai School and called the two other accused over phone and asked them to get into the auto and took towards Ahar. Then the victim wanted to get down from the auto but then they said they will take her home and took the auto to isolated place where bushes were there. They stopped the auto there and forcibly took her to the bush. They tied her mouth in cloth and one by one raped her. When heard the shouting and crying of the victim nearby people who had come for natures call went towards the bush and saw the incident and started shouting. By the time the accused ran away from there. Police was not ready to lodge the FIR, they were naming the gang rape to be just eve teasing and were not interested to file the FIR. Victim’s family and higher officials put pressure on Police to file the FIR. Now FIR has been lodged and medical check report is not ready, accused are not yet arrested and the victim has not got any compensation.

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