On 22.09.2012, victim Senamani Murmu was alone in the house, while her husband had gone for daily wage work. By the time the accused Shambhu, Ramdev and Tulsi came to her house and abused her and tried to rape her. They had beaten her with dangerous weapon. They looted the jewelry she was wearing. The victim filed FIR after the incident but Tulsi Yadav has filed false counter case against the victim to weaken the case against him.

Legal Standard Breached:

1.       Rape is a criminal offence [sec. 376 IPC r/w. sec. 3(2)(v) SC/ST (PoA) Act].
2.       Punishment for voluntarily causing hurt- Whoever, except in the case provided for by voluntarily causes hurt, shall be punished with imprisonment of either description for a term, which may extend to one year, or with fine which may extend to one thousand rupees, or with both [sec. 323, 334 IPC].
3.       Assault or use of criminal force on a woman with intent to outrage her modesty [sec. 354 IPC].
4.       Uttering any word or making any gesture intended to insult the modesty of a woman [sec. 509 IPC].
5.       Being in a position to dominate the will of a woman belonging to a SC/ST with intent to dishonor or outrage her modesty [sec.3 (1)(xi) SC/ST (PoA) Act].
6.       Being in a position to dominate the will of a woman belonging to a SC/ST and uses his position to exploit her sexually to which she would not have otherwise agreed [sec. 3(1)(xii) SC/ST (PoA) Act].
7.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
8.   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. 

3.      Voluntary Causing grievous hurt – whoever, voluntarily causes hurt, if the hurt which he intends to cause grievous hurt [sec. 325 IPC].

4.      Rape- A man is said to commit ‘rape’ that, except in the case hereinafter excepted, has sexual intercourse with a woman without her will or without her consent [sec.375 IPC].

The village named Thangad is situated in the district of Suredranagar. There are Dalit families living in the village. Most of the dalits are surviving on labour work. There is a Charan caste which belongs to schedule caste.

The complainant Amrisbhai Lakhabhai Sumri residing at Thangad is a father of diseased Pankajbhai who was killed by the Police officer. On 21/09/2012 there was a fair in Thangad and during that time there was quarrel between Bharwad and Dalit community. Thereafter, on 22/09/12 again there was clash between the same communities. The son of the complainant was going home, at that time near Dholeshwar Mahadev, PSI Jadeja and the other accused fired at Dalits and during the firing Pankajbhai injured and later he died in the hospital. Thereafter, the offence was registered against all the accused under section 302, 114, 120B, 147, 148, 149 of IPC and  3(2) (5) of the SCST Prevention of Atrocities Act.

Satpal Singh S/o Dalwara Singh R/o Village- Kulbursha, tehsil-Samana, District- Patiala belongs to Majhabi Sikh caste (SC). From last five years he was working as a agriculture labourer for the employer named Malak Singh S/o Gurcharan Singh of village- Lalwa, tehsil- Patran, District- Patiala. He was also taking care of the 30 buffalos of the employer. In the first year the employer gave him Rs.30,000/- as an advance  amount and tell him that he has fixed his annual wages of Rs. 30,000/-. After first year the employer never gave him any information that what wages he will gave him. He was working for the employer from sunrise to sunset. His wife and his two children were also living with him in the farm house of the employer. The employer was not allowing the family to move out. The employer took the thumb impressions of Satpal Singh on many types of blank papers about which Satpal Singh was not aware that where he will use these papers. The employer never paid his earned wages instead of some ration so they could eat and work for him. In the night when Satpal Singh finish his work the employer chained him  so he could not ran away and in the morning when the time of his work starts he opened his chains and ordered him to start the work. On 20 September 2013 when he sit dawn for some time the employer and his brother beaten him mercilessly and abused him on caste basis. In the day time when the employer goes outside for some time he ran away from the fields of the employer and approached to DDVA office. The complaint regarding his release and rehabilitation was sent to the District Magistrate, Patiala on dated 10-10-012. Satpal Singh and his family members are physically free and are living outside but there is no action against the employer to extract bonded labour from Satpal Singh. 

Pappu Singh S/o Gura Singh is R/o village- Shabilput (Kalwano Dera), tehsil-Patran, District- Patiala. He belongs to Majhabi Sikh caste which has been declared as a Scheduled caste by the State Government of Punjab. In 2009 he was employed by one Satnam Singh S/o Fateh Singh R/o Village- Badshahpur, tehsil- Patran, District- Patiala who belongs to Jatt Sikh Community. When he was employed by the employer he was given Rs. 40,000/- as an advance which he used during the marriage of his daughter whose name is Gori and the rest amount he use for his son’s treatment who was not well at that time. The employer never gave him any information that what wages he has fixed for his work. Pappu Singh was working day and night for the employer the employer was not allowing him to go to his house. Sometimes whenever he goes to his house for some time in the absence of the employer and when the employer came to know about this he beats him mercilessly. The employer never gave him any weekly rest or over time whenever he falls sick or could not attend the work due to any urgent work then he was charged a fine by the employer. The employer never paid his earn wages whenever he demands his wages from the employer he always makes excuses and Pappu Singh was given only Rs. 100 to Rs.200 in a month. His wife was working outside as a domestic working and she was managing the other expenses. On 19-9-012 when he asked the employer that he wants to go to his house to meet his family members the employer beaten him mercilessly and threaten him that if he wants to go to his house then first he has to pay his bonded debt of Rs. 50,000/- then he can go to his house otherwise he has to only work for him. Then the employer locked him in a room and keep him in the room during night time and in the morning he was bring out of the room and he was ordered to work. After this incident about eight days later he got a message from his house that his relatives are coming to his house. He requests his employer that he wants to go to his for some time to meet his relatives and will come back soon. But the employer does not allow him to go out.

On the same day he got a chance and ran away from the work of the employer and approached to VSJ. A complaint was sent to District Magistrate, Patiala on dated 27-9-012 by registered Post. As the employer was harassing the bonded labourer and the administration was not taking any action against the employer. So again a complaint was again sent to the Chairman, National Human Rights Commission, New Delhi for the release and rehabilitation of bonded labourer Pappu Singh. The complaint was marked to District Magistrate, Patiala for the further investigation and Pappu Singh was called by Tehsildar Patran for the investigation. When Pappu Singh went to the office of Tehsildar Patran the employer Satnam Singh and his fellows were also present here. The tehsildar asked Pappu “Is your name is Pappu”, he replied “Yes Sir my name is Pappu”. Then the tehsildar asked him “Have you taken the advance from Satnam Singh?”. Then he again replied that “Yes, Sir Satnam Singh has given me an advance”. The tehsildar asked that “Do you want to go to jail”. Pappu Singh replied “No Sir, I have children have mercy on me” Tehsildar said that “Now we will forgive you do  not go to Phillaur (the complainant organization) again  go to the last room and record your statement”. The employer and his fellow persons bring him to a room near Tehsildar Patran office and forcibly take his thumb impressions on many types of papers which were  not shared with Pappu Singh that why they have taken his thumb impressions. Now Pappu Singh was informed that he has got compromise and he does not want any action against the employer but Pappu Singh was not aware about that when he got compromise. Now Pappu Singh is physically free but no action has been taken against the employer .

Mohinder Singh S/o Mukhtiar Singh, R/o Village- Sadharanpur, tehsil- Patran, District- Patiala. He belongs to Majhabi Sikh caste which is declared as a Scheduled Caste. Since 2008 (January), he was employed by one Kulvir Singh, Jagsir Singh, Sukhwinder Singh, Jagdish Singh, Harjinder Singh all are sons of Ajit Singh, Village- Sadharanpur, tehsil- Patra, District- Patiala, Caste- Kamboj community.

Mohinder Singh was working for all the employers as a “Siri” and during the Wheat and Paddy harvesting season, the employers were also taken work from him as a driver. When he employed, he was given Rs. 70,000/- as an advance which he spent on the madicare of of his wife’ pregnancy and on birth of his child. The employers told them that they paid Rs. 70,000/- as his annual wages. After that the employers never told anything about wages. He started his work from 5:00a.m and up till 8:00p.m he was working for the employers. The employer were not providing him any weekly rest or over time, whenever he could not attend their work due to some urgent work or illness the employers charged him a fine according to his own wish and adds this amount in the advance amount and on the whole amount he was charging an interest as per his own wish. The employer has taken the thumb impressions of Mohinder Singh on many types of papers without giving any information to Mohinder Singh as Mohinder Singh is a illiterate man he himself does not know that what type of these papers are and where the employer will use these papers. The employers were not giving him any of his earn wages whenever he requests them many times for his wages then the employers pays his only Rs.500 to Rs. 100 per months. His wife works outside on daily basis, she managed the other expenses. At the work, suddenly there was a pain in the abdomen of Mohinder Singh and he asked for money from the employer for the medicine but the employer does not pay any of his wages. Mohinder Singh’s wife managed the money for his medicine. As the employers does not paid the earn wages of Mohinder Singh and not give him any money for the medicine, he desired to leave the work and go for the work with the other employer.

On 14/9/012 when he was going to Haryana on the Harvesting combine of his second employer on the way the employers Kulvir Singh, Jagir Singh, Sukhwinder Singh and Raju Singh forcibly stopped him near Hisar and dragged him into the Maruti Car in which they all were and brig him to Punjab and about 8:00p.m they handed him over to the police of Police Post- Badhshahpur under police Station- Ghaga and leave him on this condition that he (Mohinder Singh) will repay them the bonded debt.

The employers were threatening him that if he will not repay the bonded debt then they will forcibly take the possession of his residential house. Mohinder Singh was under the threat and fear. His life and liberty is in danger. He came to DDVA and for his release and rehabilitation a letter was sent to the District Magistrate, Patiala on 18-9-012. In the meantime the employer filed a case of suit for recovery against him which is still pending in the court. But no action has been taken against the employers.