Diseased Nainaram (25) s/o Dharmaram, was residing at outskirt of Chamunderi, P.S. Nanna in Pali Dist. who used to work in brick kiln of Bhimaram to meet his family needs.

On 1 Dec, 12, Hiraram (35) s/o Bhimaram, Ramesh (30) s/o Bhimaram Kumhar, Prabin (20) s/o Bhimaram Kumhar, Ringaram (48) s/o Chatraram Meena arranged a party, near brick kiln where the Diseased Nainaram was invited. As the party was going on, a quarrel was picked between Hiraram (35) s/o Bhimaram and the victim. Enraged Hiraram hit Nainaram on his head with a spade from back side. Due to the heavy blow, Nainaram fell to the ground and became senseless.

Taking the advantage, Hiraram (35) s/o Bhimaram, Ramesh (30) s/o Bhimaram Kumhar, Prabin (20) s/o Bhimaram Kumhar & Ringaram (48) s/o Chatraram Meena unanimously beat Nainaram to death and then made a chasm on the ground close to brick kiln, put the dead body in it and covered the surface of chasm with bricks. After the crime, Hiraram (35) s/o Bhimaram informed the victim’s family Nainaram went to another place for work; hence you too need not come for the work.

But, as to their fate, Dinesh s/o Dharmaram, happened see his brother Nainaram with accused on the incident day. He also knew that the accused persons have had arranged a party near their brik kiln, where his had been invited. Hence, based on the statement of Hiraram (35) s/o Bhimaram, Dinesh sensed that something bad has happened to his brother.

Thus, taking the matter in confidence the victim’s brother Obaram lodged complaint in Nanna police station against the accused persons. The police took Hiraram (35) s/o Bhimaram, Ramesh (30) s/o Bhimaram Kumhar, Prabin (20) s/o Bhimaram Kumhar & Ringaram (48) s/o Chatraram Meena and kept them on police custody on suspicion of murder and while the police interrogating,  the accused admitted that they have had killed Nainaram and hidden in a  chasm near brick kiln.

On 13 Dec, 12, the police recovered the dead body and sent for postmortem. A criminal case was registered on the same day, case no.236/12, u/s 302,201 IPC & 3(2)(v) of SC/ST (PoA) Act. The case is under investigation. Charge sheet has not been filed yet. Even the victim’s family has not received any compensation from the administration. 

DDVA’s activist  have identified a Shiyam Singh S/o Dalip Singh, Age-52 years,  R/o Village & Post office- Bhattiwala Kalan, tehsil-Bhawanigarh, District- Sangrur.  He belongs to Majhabi Sikh caste which is declared Scheduled caste by the Government of Punjab.

He has been working since the age of 16 years as a “Pali” and “Siri” with the different employers. When he started to work, he worked under the bonded debt of his father. In May 2012 he was engaged in work by Surjit Singh S/o Jaswant Singh, Village- & Post office- Bhattiwal Kalan, tehsil-Bhawanigarh, District- Sangrur, Caste- Jatt Sikh as agriculture labour.  When he joined the work of Surjit Singh he was given advance of Rs.54000 (Fifty four thousand) as an advance amount with this amount he used to repay Rs 40,000 (Forty thousand rupees) to repay the bonded debt of his previous employer Harnek Singh S/o Tirath Singh, Village & Post Office- Bhattiwal Kalan, tehsil- Bhawanigarh, District- Sangrur. The remaining amount he used for his house for domestic purposes. The employer fixed his annual wages Rs.54000 (Fifty four thousand rupees).  The employer used him day and night during the paddy transplantation and after this he had to work from 5a.m to 10.00 p.m for the employer.  When the employer engaged him in his work he took his thumb impressions on many blank papers in the house of the village Sarpanch.  The employer has not paid his earned wages. His son Kulwinder Singh and his two daughters are working outside and they are managing thier expenses. The employer never allowed him for any sick leave or any leave for any urgent work. When he fell sick or any any urgent work, he could not be able to come for work, the employer imposed him a fine of Rs.500/- per day and night and added the amount in the advance amount and charge an interest on the whole amount as per his own accordance.

When he used to demand his wages from the employer, he denied to pay him any wages and abused him. On 9^th November 2012, when he (Shyam) was suffering from fever for four days, the employer ordered him to drag the cart loaded with cow dung. As Shyam Singh was ill when he tried to drag the cart he became unconscious and lay down on the cutter of combine and his left hand was injured severely.  

The employer has not paid any money for his treatment. His family members had borrowed some money from outside and manage for his treatment. That due to injury he is unable to do any work for the employer, but the employer is compelling him to send his son on work otherwise he has to pay the bonded debt of Rs.72000 (Seventy two thousand rupees) to him. Now, the employer is threatening him that if he will not send his son on work or If he is unable to pay bonded debt then he will locked his residential house and through his family members outside and forcibly took the possession of his residential house.

At present Shyam Singh is in asylum in Transit Rehabilitation Centre of DDVA ,due to the fear of the employer. That for his release and rehabilitation from bonded labour and bonded  debt  Shyam Singh has also sent a complaint to District Magistrate, Sangrur on 21^st November 2012 through registered post which is under consideration but bonded labour Shyam Singh physically free and also free from bonded debt.

Case in Brief:

 E. Elavarasan, resident of Nathamcolony, Nayakkankottai, Dharmapuri district, belongs to dalit Paraiyar community. He and N. Divya resident of Chellankottai, Dharmapuri district, belongs to dominant caste hindu Vanniyar community, were in love. On 14/10/2012, they registered their inter-caste marriage. In sequence to their marriage, Vanniyars community members being infuriated and demanded the return of the girl and dire consequences. On 07/11/2012, due to pressure exerted by the vanniyars on Nagaraj to bring her daughter back and due to humilation, Nagaraj (father of Divya), reported to have committed suicide. Exploiting the death of Nagaraj, around 100 Vanniyars led by  Mathialzahan, Raja, Krishnamoorthy, Ponnusamy and S. Maathu, entered the Natham colony and orchestrated a mass atrocity in Natham colony, Kondampatti and Anna Nagar. Dalits of this three villages were subject to brutal atrocity. The mob carrying deadly weapons entered the dalit houses and destroyed the belongings of dalits. The mob burnt/arson nearly 50 dalit houses and looted properties. The damages was estimated at Rs. 70000000. Valuable properties were destroyed. DSP of Krishnapuram and the Inspector of the Krishnapuram, who belongs to Vanniyar community, were negligent to curtail the atrocity. Even the local police officials preferred to remain as a mere spectators. The affected dalits were not sufficiently compensated. Caste Hindus and political parties like Pattali Makkal Katchi intigated and spearheaded this mass atrocity. Hate speeches were made all over the district, instigating caste animosity and violence against Dalits.

Legal Standard Breached:

1.       Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both (sec. 148 IPC).
2.       Causing grievous hurt with dangerous weapons is an offence punishable under section 324 IPC, and any person who commits any offence under the section 324 IPC shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. (sec. 3(2)(v) SC/ ST (PoA) Act).
3.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC
4.       Whoever commits mischief by fire or any explosive substance intending to cause damage to any property shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. [Sec. 435 of IPC].
5.       Whoever  does  any  act  with  such  intention  or  knowledge,  and  under  such circumstances that, if he by that act caused death, he would be guilty or murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. [Sec. 307 of IPC].
6.       Whoever commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause destruction of any building which is ordinarily used as a place of worship or as a place for human dwelling or as a place for custody of the property by a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for life and with fine. [Sec. 3(2)(iv) of PoA Act].
7.       Whoever  commits,  the  offence  of  criminal  intimidation  shall  be  punished  with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (Sec. 506 of IPC).
8.       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 under the Act ( sec. 3(1)(x) SC/ST (PoA) Act).
9.       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].
10.   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].
11.   Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
12.   No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

Anjalai belongs to dalit community, she residing in Omiper, Valavanur, Tindivanam taluk at Vilupuram district. She is working as a agricultural daily laborer. On 04.11.2012 all dalits were went to Omiper government school for took photo to Adhar identification card. All dalits were stand on the line including anjalai and his son sudhan and jayaprakash. Mohan belongs to caste hindu community. He and other fifteen caste hindus said that how dare dalit can took photos first and they derogatory referred by caste name. Anjalai asked that why you are speaking like this, mean time sathiyamoorthy and mohan tarred her joket and dress and molest her. Her son Suman and Jayaprakash but they were derogatory referred and brutally assaulted with deadly weapon by a group of caste hindus. Police not filed FIR. Caste hindus threaten dalits and compromised the case.