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Janu Kumari (12), belongs to Musahar (SC) is the youngest daughter of Ram Vilas Sadai and Shanti Devi. After her father died of tuberculosis in 1999, her eldest brother became the head of the household. He is newly married and drinks regularly. Due to poverty, Janu Kumari never attended school and is therefore illiterate. She has four elder brothers and two elder sisters. Janu, along with her mother and siblings, works as a daily wage agricultural labourer. Janu works in the fields of a dominant caste Yadav landowner named Lakhan Yadav. Lakhan’s son is named Kishan Yadav (17 years). Janu had five goats. When she goes to the fields to work, her goats would accompany her. She would tie them up and they would graze on the grass only in the restricted area where she tied them.
On 2 June 2004, however, when Janu was planting rice in Lakhan Yadav’s field, her goats managed to free themselves from their bonds and ran into Lakhan’s field where seedlings had been planted. The goats began eating the seedlings. Kishan Yadav saw this and came running with a lathi. Upon reaching the area, he began beating the goats brutally with his lathi. The goats scattered in fear, but one goat was pregnant and could not escape. Kishan Yadav knocked the pregnant goat onto her side, and then proceeded to hit her extremely hard five or six times with the lathi. Janu, seeing this, came running to the field. Seeing her approaching, Kishan began screaming obscenities at her, saying, “Whore! Wandering bitch, you don’t even tie up your goats properly! I’m going to beat your goats to death, and I’ll do the same to your whole family!” In response, Janu replied in a very soft voice, “I always keep my goats tied up. These just now escaped. My goats haven’t even eaten anything; why are you beating them so severely?”
Kishan Yadav grew angry at this response and began slapping Janu Kumari. He shouted, “Low caste girl, you dare talk back to me?” Her face was hurting from the slaps, and Janu herself grew angry. She slapped Kishan Yadav twice in return. Then Kishan became livid, seized Janu by her hair and began severely beating her with his fists. He punched her seven or eight times in the face. Janu was in severe pain and became dizzy. Her entire face swelled up with internal bleeding. Crying, she walked home and told her mother what had happened. Kishan Yadav remained in his field. Janu’s mother approached him and said, “How much of your harvest did my goat eat up that you’ve beaten up the goat and my daughter?” Kishan Yadav replied with verbal abuse, saying, “Wandering prostitute! Get out of my way or will beat you too!” Hearing this, Janu’s mother left.
On the same day, the pregnant goat that Kishan Yadav had severely beaten died along with its unborn kids. Janu and her mother were extremely upset by this, as goat-rearing provides for a substantial part of their livelihood. Janu says, “We had been planning to sell the kids after the pregnant goat gave birth, and with that money I hoped to purchase some decent clothes for my brothers and sisters. When Kishan Yadav killed the mother goat, I had to give up that hope.” Janu and her mother considered attempting to file a case against Kishan Yadav for beating Janu Kumari and killing their goat. Because they had no money, however, they decided that going to the police would be futile. Thereafter they left the matter and did not attempt to obtain justice.
The four deceased Dalits Uday Paswan, Vijay Paswan, Naga Paswan, and Shravan Paswan, belonging to SC community were leaders of their community. The village Lahsuna, Masaudi police station, Patna district in Bihar consists of two major communities, which are rivalry to each other. Kurmi community supported the People’s War Group and Paswan community supported the CPI (ML). The Kurmi community always wanted to dominate the Paswan community. They had the political tension.
On 18/05/2004 at 10.30 am the headmaster of the High School Nadma, Subhas Singh, s/o Devcharan Singh, from Sikandarpur village, Masaudi police station, Patna district, Bihar, was shot dead by the unknown persons. In retaliation to his killing the People’s War Group’s people attacked the Paswan community in Lahsuna village at 1.30pm on the same day. While the Paswans of the village were taking rest under the tree after their work in the field around 37 people came with their guns and started firing at them. Paswans ran for their lives but the four dalits Uday, Vijay, Naga and Shravan Paswan were caught and shot dead by the People’s War Group. With the help of CPI (ML) people of the village encircled the residence of the DM and the dead body of the four was taken to the Patna Medical College Hospital for the postmortem report on 19/05/2004. On the day of the incidence Shailendra Kumar Chaudhary( SDO) and Dr. Gautam Goswami (DM) came to the village and gave rupees five hundred each to the family for the cremation of the dead. The victims were granted Rs. 10,000 each after the incidence. And also they were given food grains for a week. Apart from that they were promised to be paid compensation of Rs. 50,000 each and to be offered government jobs to a person from the family of the deceased.
But no compensation has been paid and only six perpetrators Lathi Singh alias Surjit Singh, Sahdev Singh, Yogendra Singh, Manoj Singh, Arwind Singh and Umesh Singh has been arrested. The promise is not yet fulfilled. 30 people from the Paswan community have run away from the village, as they are frightened of their lives. Rajendra Paswan filed the FIR no. 73/04 under sections 147/148/149/448/314/302 IPC, Arms Act 27, CLA Act 17 and 3/4 in the Masauri police station. No sections of SC/ST POA, 1989 are registered to the case. Now an inspector Bhola Mahesh of Patna has been investigating the case. Charge sheet has been submitted in the court. The case is under trial. The FIR no. 73/04 was filed under sections 147/148/149/448/314/302 IPC, Arms Act 27, CLA Act 17 and 3/4 by Rajendra Paswan in the Masauri police station. No sections of SC/ST POA, 1989 are registered to the case. Now an inspector Bhola Mahesh of Patna has been investigating the case. Charge sheet has been submitted in the court. The case is under trial.
Village, Vijaypura consists of influential Jat Caste (OBC) & Jatav (SC) families are less in number. Jat community is financially and politically strong. 95% of the land is possessed by Jats. All Dalits are daily wage labourers. Dalits are exploited by influential people of village. A year before the incident took place, Gobal Singh s/o Hari Singh by caste, Jat who grabbed the land situated closed to the well used by Dalit’s. The land belongs to Shivdayal Jatav. When the Dalit community protested against this, they were asked to keep quiet, or else they would be killed, hence Dalits decided to go for legal remedies and release land from Gobal Singh. Gobal Jat bore grudge against Shivdayal Jatav and started thinking of teaching a lesion to the Dalits.
On 5 may 2004, Gopal Jat and his companions threatened Dalit Community to vote for them and press the voting machine in front of them. Otherwise whole Dalit community has to bear the consequences. Dalit community, under in the leadership of Shidayal protested and said that they would vote for a candidate according to their choice. Further they said that they would not come under any pressure. On this point Gopal Jat and his people assaulted Shivdayal. The incident took place at the election center. Election officers and police did not interfere. Shivdayal went to Surath police station to lodge complaint, but police did not file FIR, rather police went to the spot and stopped violence.
Again on 06 may 2004, very next day Jat Community caught hold of Shivdayal and assaulted him. A complaint was lodged at police station Surath . At this Jat Community got extremely angry and thus in the evening a village meeting was convened where all Dalits were called. Due to fear none of the Dalit family turned up, so village Panchayat President, Rati Ram’s uncle Ram Prasad (Dalit) was summoned. He was threatened and was told to pass a message to all Dalits (Chamars) that either they must compromise or be ready to face social boycott. Dalit Ram Prasad informed about the matter to all the Dalit community. The Dalits became fearful after receiving the news.
When Jats found that Dalits were not influenced with Panchayat decision, on 11 May, 04 influential Jat attacked Dalits with weapons, 12 Dalits were injured. Two FIRs were registered in police station Surath. The very day Sub Superintendent of police (SC/ST Atrocities Cell), Sh. Harpal Singh went to the spot as the case was registered under SC/ST (PoA) Act. 10 to 12 police constables were deployed in Dalit area for protection. Though the case was registered under SC/ST (PoA) Act victims were not provided any compensation.