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3 laborers died while cleaning a sewer due to negligence of private contractors

  • Posted by: NDMJ - DELHI
  • Date of incident: 06-05-2007
  • Create date: 28-11-2013
  • State:: Delhi
  • District:: NEW DELHI
  • Police station:: Dabri
  • Chargesheet:: not filed
  • Summary:: On Sunday 6th May 2007, the incident occurred between 12.30 pm and 1.00 pm. While cleaning a manhole near the Dabri-Palam drain at Madrasi Pulia, Vijay Enclave, New Delhi, three sewerage workers died of asphyxiation on the spot which was reported in the Times of India on 7th May 2007. The police registered a case of negligence against the private contractors Under Section 304A of Indian Penal Code. Those workers were carrying out cleaning work for Delhi Jal Board/ DDA. As per information available to the team the Ansal Construction Company was doing the work and at the time of the accident it was under the instruction of Thekedar/ munsi Pradeep Mandal. The accident took place near Madrasi nallah in front of Vijay Enclave (an unauthorized colony), Dabri (South-west Delhi). Five years before, the work to cover a wide open drain and construct a road on top of it to connect Dabri with Dwarka Sector 4&5 for the smooth flow of the vehicular movement had started which is at its final stages. Now the entire project has been given to Ansal Builders and Developers who had further hired contractors and supervisors to get the labour and for construction activity. The drain originated from the Delhi Cantt area and passes through Janakpuri, Dabri, Palam, Sitapuri, Vijay Enclave, Bindapur, Dwarka and finally joins the Najafgarh Drain. On the site the workers were frightened to talk to us in the beginning but two women who have been working on the site came out and narrated their version of the incident. We were told that all the three workers have been working as construction labourers and have no experience in handling sewerage cleaning work. But the contractor asked one worker to clean up one of the manholes linking the main drain. He was given a rope tied with a bucket to clear the clogged manhole. The contractor had not given him any safety devices like mask, boots or helmet, neither a safety belt that would have helped in pulling him out. When the worker Ramesh Shahani opened the gutter lid, he inhaled a lot of gas which accumulated in the covered drain and became unconscious and slipped inside the deep manhole. In order to save their co-worker another workerAshish entered the drain, who was also taken by the gas followed by another worker Santosh Mandal in the bid to save the other two. The entire work was done without the supervision of the contractor Pradeep Mandal and the supervisor Gajadhar. The fact-finding team also met an eye witness whose name was Karan (17). He resided at RZ/ 13, Vijay Enclave (Near Madrasi Pulia, incident spot). He came to know that the three men in the manhole were in critical situation. So he called other people and tried to pull out with an iron rod. Manhole was16 feet deep. Though according to law sewer workers are not allowed to enter into manhole without safety equipment, the contractor allowed them to clean the manhole without any safety precaution. As a result all the three workers died due to poisonous gases. It was negligence on the part of contractors Pradeep Mandal and Gajadhar. Eye witness stated that the contractor was very careless. He did not cover the manhole for the next two days. Local people, later, compelled him to cover the manhole. It was revealed that among the three sewer workers two were siblings. When they were taken to the hospital only two victims were identified as Ramesh and Santosh. The third person (Ashish) was not identified and registered. The Police said that they are trying to identify him. Though the fire brigade also reached there they did not take any action. The police Gipsy also came but when they came to know that the victims have been taken to the Deen Dayal hospital they returned. It is clear that all concerned authorities just did formalities. One victim’s wife was also present on the spot when this incident happened. The local people said that this was not the first incident. Two or three similar incidents had happened earlier, but no one learned a lesson from those incidents. It is important to note that sewerage was cleaned up even before. According to the local residents it was expected that high pressure of gas would also be there inside the sewer. Even then no attention was paid to the workers entering into it. The contractors took it very negligently, leading to instant death of all the three workers. The residents also felt that the incidents could have been avoided if a gas mask was provided to the first worker. They told the teams that a few months before they had helped rescue two other people who slipped in the drain at the time when the drain was getting covered. During that time too, there were no safety measures used and the area was ill lit and people slipped into it. In one case a boy broke all his limbs and was still on the bed. In another case a boy was rescued and escaped injury. But in one case when a woman slipped into the drain they came to know very late and could not find her body. Most of the residents were not happy with the covering of the drain. According to them the level of the drain is higher than the level of the colony sewerage layout and the sewerage water enters their homes very often. Vijay Enclave being an unauthorized colony, the residents through their own initiative have laid down the sewer lines in the colony which used to drain out in the nala but after they covered the main drain their lives have become miserable. Most of the time, the residents have to hire a pumping machine to drain out sewerage from the colony gutter to the main drain which gives them a short term relief. The Investigation Officer (IO) of the case is Mr. Ved Prakash. First Information Report was made by wife of Ramesh (one of the deceased) Bina Devi R/O Village Dadia Ram krashan Puram post Ganga Pur khatona District Samastipur Bihar. Two people have been arrested in which case was registered against the contractor (Gajadhar) and supervisor (Pradeep Mandal). Thereafter, the police arrested these persons and a case registered under Section 304A of Indian Penal Code They were released on bail on 8, May 2007. These two people belong to the Ansal group who were doing cleaning work at the spot of the incident. Section 304A of IPC is applicable when the death is caused by negligence wherein “whoever causes the death of any person by rash or negligent act not amounting to murder, shall be punished with imprisonment of either a term of two years or with fine or with both.” A person booked under this section gets immunity as the offence is bailable and the magistrate of the First Class has to release the person on bail.

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Dalit Attempt to Murder for Access the Right to Employment

  • Posted by: Dalit Sthree Sakthi (DSS)
  • Date of incident: 03-05-2007
  • Create date: 22-03-2014
  • State:: Andhra Pradesh
  • District:: KADAPA
  • Police station:: Manur
  • Chargesheet:: F.I.R- under section u/s 147, 148, 307, 342, 324, 323, 149 IPC & 3(2) (v), 3 (1) (iii) (ix) (x) of SC/ST (PoA) Act., Chargesheet filed
  • Summary::

    Avula Sreenivas, belonging to Mala (SC) caste regularly attends the works of Poli Papi Reddy, Poli Narsimha, and Narayan Reddy daily. He gets Rs 50/- per day. Recently he got the work under National Rural Employment Guarantee Scheme (NRGES). It fetches him Rs 100/- per day. Therefore he stopped working at Narayana Reddy and went for NRGES work. For this Papi Reddy s/o Narayan got angry and abused him. After that Papi Reddy, Narshima Reddy and others forcibly entered into the house, took him to the centre of the village, made him half naked and tied him to the pillar of the Sita Rama Swamy temple beaten him severely so that he became un conscious and vomited blood and beaten him with rod and sticks and gave hard blow on his head, which made him unconscious.

     

    A case was registered under section u/s 147, 148, 307, 342, 324, 323 r/w 149 IPC 3 (2) (v) 3 (1) (iii) (ix) (x) of SC/ST (PoA) Act. The counter case is filed under Cr No 52/07 u/s 379 IPC Manur police station filed against the victim Avula Sreenivasulu was referred as false as on 31/07/07. There are 11 witnesses in the case. 11 victims were paid an initial compensation of Rs. 6, 250/- each i.e. total of Rs. 68,750/-. The case was dismissed and the accused were acquitted because the victim turned hostile before the court.

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A Dalit Girl Raped

  • Posted by: Dalit Sthree Sakthi (DSS)
  • Date of incident: 03-05-2007
  • Create date: 22-03-2014
  • State:: Andhra Pradesh
  • District:: KHAMMAM
  • Police station:: Madira
  • Chargesheet:: F.I.R- No. 40/07, u/s 376 IPC & 3(1) (xii) of SC/ST (PoA) Act., Chargesheet- 23.08.07
  • Summary::

    The victim Monduru Kasulu, 16, belongs to Mala (SC) caste in Khammam District was raped by K. Anil Kumar. On 02 May 2007 at about 4pm Kasula alone went to reap grass in Ranga venkateshwar rao’s field. The accused Kothapalli Anil kumar (19) S/o of Vasantham, caste Chakali (washermen-BC), occupation- cooly, resident of Krishnapuram same village of the victim put a small sickle (likki) close to her neck and threatened her to kill if she would not yield to his demand. He raped her. After a long time her uncle and her brother found her lying unconscious in the fields and then took her to home, on the enquiry, she revealed what has happened. Thereafter, the relatives and villagers took her to Madira rural police station & lodged a complaint and the police registered a criminal case.

     

    A case was registered in Cr. No. 40/07, u/sec 376 IPC 3(1) (XII) SC/ST ACT before Madira Police Station. Charge sheet was filed on 23.08.07. The case was given the PRC. No. 58 of 2007. The case is pending for committal before the Hon’ble court of Judicial First Class Magistrate Madhira. A petition was filed under section 216 Cr.P.C Petition filed under section 301 Cr.P.C to assist the public prosecutor on behalf of the victim. Representation was made to the concerned officials to take action as per law. The Superintendent of Police, Khammam, by his letter Date 31.03.08, accorded sanction of relief fund. Compensation was paid Rs 25,000 /-.

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Gang Rape of Dalit Women of a Family

  • Posted by: NDMJ-UP
  • Date of incident: 03-05-2007
  • Create date: 29-11-2013
  • State:: Uttar Pradesh
  • District:: CHANDAULI
  • Police station:: Kotwali Sadar
  • Chargesheet:: 09.06.07 No. 86/07, u/s.394, 376,511 IPC & 3(1)(xi), 3(1)(xii), 3(2)(v) of SC/ST (PoA) Act
  • Summary:: Ramdulari (45) W/o Banarasi Ram (51), resident of village – Lilapur, Kotwali Sadar P.S, District Chandauli hails from SC (Chamar) family. She lives with her husband, who is a Government school teacher, 4 daughters and a son. On 3.5.07, around 12 o’clock in the night Ramdulari’s Children Priyanbda (21), Pragya (12) and Abishek were sleeping in front of their house. When Ramdulari was about to sleep, she heard the footsteps of a group of people at the backside of their house. She got frightened and raised alarm by saying “Thief, Thief!!!! “and asked who are they? By hearing the voice of the mother her children also awakened. A group of 6 persons, covering their faces with clothes and just wearing underwear, came near Ramdulari, Priyanbda, Pragya, Abishek and threatened them at gun point by saying that they would kill them if they shout. Two of the perpetrators beat their mother and abused her with caste name. Vicky Singh, one of the perpetrators, said that “How could a Chamar built a house and sleep with ease. You people argues a lot. We would teach a lesson so that you could not show your face any where”. Suddenly, one of the perpetrators (Dilip) pressed Ramdulari’s neck and forcibly pushed her on the bed and tied everyone with a rope on the cot. When they started to shout they picked up Abishek and hanged him near by a well. They threatened them not to shout otherwise they would throw him into the well. Dilip, one of the perpetrators, came near Ramdulari and raped her. Then Sachidanand Singh took a chance to rape Ramdulari. After raping her he went to her elder daughter, Priyambada, who was pregnant. Ramdulari shouted that she was pregnant and requested them to leave her. The perpetrators discussed if they would rape her, she and her child might die and that the case would become strong. So they sexually harassed her by removing her dress and by looting ornaments such as chain, hearing and anklet. After this one of the perpetrators (sachidanand singh) came towards Pragya (12) and passed a comment that he would like to know whether Pragya is a boy or girl and made her naked. She pleaded to leave her and refused to cooperate with him. The irate perpetrators started to beat her severely. One of the perpetrators caught hold of her hands and others holed her head and closed her mouth. Dilip raped her for 10 minutes. After 5 minutes another perpetrator raped her. After 10 minutes third perpetrator raped her. When, Vicky Singh, came to rape her, she refused strongly. He threatened her by saying that “if you do not cooperate with us, we all will beat you until death”. After raping her they tied her with bead sheet. The perpetrators raped the victims because of the jealousy that the victims are getting education, and they have their own house near the mango garden, where the perpetrators could not use the mango garden as per their wish. Around 1.30 a.m all the 6 perpetrators entered into their house, where Priyanka (17) and Ritambra (15) were sleeping. When they entered her house they started to beat them badly and asked them where they keep their money. Dilip raped Priyanka and she became unconscious. Even in that stage every one raped her. Then they pulled the hair of Ritambara and asked her where have you kept the money and raped her. Around 3.00 am all the perpetrators left their house and went towards the village. Due to the fear that the perpetrators would come again Ramdulari and her children went to Kilash Gupta’s house for the shelter and came back at around 5.00 a.m in the early morning. Around 5.30 a.m Banarasi Ram returned after the election duty. His wife, Ramdulari and their daughters revealed everything to him. He took them to Kotwali Sadar police station to lodge a complaint. In the police station SSI R.K. Sukhla discouraged him to file the case. He advised that since the incident relates to the life of his daughters he should not reveal the incident to anyone else. But Banarasi ram was very stubborn in filing the case. Later the police registered the FIR. At around 12.00 a.m police took Ramdulari, Priyanka, Pragya, Ritambra for medical checkup to the Community Health Centre, but they did not take them to the district hospital. The medical examination was conducted by Dr. Suman Singh, who is the relative of a perpetrator .In her report she confirmed that only Priyanka had been raped. Social Welfare officer gave compensation of Rs.25,000/- each to Priyanka, Pragya, Ritambra. On 4.5.07 the police arrested 4 perpetrators (Vicky Singh, Dilip, Sachidanand, Arvind) on 5.5.07 the police produced them in the court. Spot investigation conducted by C.O- Devesh Kumar on 5-5-07. Initially Case investigated by DSP Mr. Devesh kumar till 11-5-07. Later same was transferred to Mr.Arvind kumar from 11-5-07. The accused, Vicky Singh, Dilip, Sachidanand and Arvind Kumar had been arrested on 4/5/07. But Dilip was bailed out through high court. Charge Sheet No.86/07 dated 9/6/07 u/s.394/376/511 IPC, 3(1)(xi), 3(1)(xii), 3(2)(v) of the SC/ST (PoA) Act, 1989. Case is under trial in Special SC/ST Court Chandauli. Compensation of Rs. 25, 000 is paid as per SC/ST (PoA) Rules 1995 to each victim. Victim is under threat.

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Dalit Woman Attacked & Attempted to Rape for Colleting Grass from the Field of Perpetrator

  • Posted by: Dalit Sthree Sakthi (DSS)
  • Date of incident: 02-05-2007
  • Create date: 22-03-2014
  • State:: Andhra Pradesh
  • District:: PRAKASHAM
  • Police station:: Jarugumalli
  • Chargesheet:: F.I.R- 04.05.07, No. 27/07, u/s 354 IPC & 3(1)(xi) of SC/ST (PoA) Act., Chargesheet filed
  • Summary::

    Kola Arnapurnamma r/o Chintlapalem village Harijanapalem under Jarugumalli police station limits in Praksaham Dist., was working as collie for her livelihood. On 02/05/07 morning she went to field to collect grass for the buffalos. She came near to a soupota tree where Tauneeru Anjaneyulu s/o Kotaiah poured acid powder on her and he caught hold of her saree and hair, pushed her down, kicked on breast, toured blouse and tried to rape her. When she cried loudly for the help, Upa Sarapanch Supalli Yohan and also son of Kunchla Venkatsarulu ran towards her. Seeing them Anjaneyulu ran off. Running so Anjaneyulu abused saying “Yea mala bitch you got escape now. Coming to house she explains the entire things to her husband and relatives.

     

    She met the Superintendent of the Police along with her husband and as per the advice of the Superintendent of the Police she made a complaint on 04/05/07 before the Jarugumalli police station. A case was registered as Cr. No. 27/07 u/s 354 of IPC and 3 (1)(xi) of SC/ST (PoA) Act. Charge sheet was filed. Accused arrested. The victim was paid Rs. 9000/- as compensation. 

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