Case in Brief:

Venkatasen, resident of Aasaanur Post, Ulundurpet Taluk, Villupuram District, belongs to Ahamudai Mudaliyar community. He is a daily wage labour. His wife name is Suguna(25) and he has 2 daughters and a son. His eldest daughter name is Bhavani aged 7. On 02/05/2011, he and his family went to his father in law’s house located in A. Chitoor village, Virudhachalam Taluk, Cuddalore district to attend the temple festival. On 05/05/2011, Bhavani was abducted by one Selvarasu to his house and raped her. As Bhavani went missing since the evening, her mother looked for her all around the village. While searching, Suguna noticed Bhavani walking out of Selvarasu’s house and followed by Selvarasu. When Suguna enquired about the incident, Bhavani told that Selvarasu gave her Rs.3 and took her to his house and raped her. Bhavani complains about the pain in her vagina and over her legs. Orgasms are found all over her dress. Then Suguna reported this to her husband. While Venkatasen and Suguna along with Bhavani were on the way to the police station, 6 members stopped them and threatened them not to file a complaint regarding this. They forcefully took them to a private hospital and gave medical treatment. Hospital staffs asked them to report this to the police station. Without the knowledge of the perpetrators, Venkatasen and Suguna managed to take Bhavani to the Veppur Police station and filed a complaint regarding this rape. But the negligent Police inspector asked them to take her to the hospital. Hence Bhavani was admitted in the Virdhuchalam government hospital and then to the Cuddalore Government Hospital. FIR was registered against the perpetrator under section 376 of IPC. Selvarasu committed similar rapes on different occasions and the village elders have not taken any serious action against him. Selvarasu was complained to have raped many women including his daughter and aunt.

Legal Standard Breached:

1.       Whoever commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine. [Sec. 376 of IPC].
2.       Whoever wrongfully confines any person 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. 341 of IPC].
3.       Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (Sec. 354 of IPC).
4.       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).
5.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
6.       No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

Case in Brief:

Melmalaiyanur Union is in Gingee Taluk, Villupuram District. This union includes village panchayats namely Paruthipuram, Kovilpuraiyur, Periyanolambai, Melchevalaambadi and Kundalampattu. In Melchevalaambadi gram panchyat president A. Raghupathi belongs to Dalit Paraiyar community. Since their panchayat lacks proper hospital facilities, Raghupathi championed the cause to bring Primary Health Centre to their panchayat. As instructed by the Head Doctor, he along with other village elders convened the gram sabha meeting to mobilize funds to buy land for the construction of PHC. Hence they garnered nearly Rs. 9 lakhs for the purpose. As they met with the shortage of funds, with the advise and approval of the Block Development Officer Mr. Palanisamy, they diverted Rs. 168000 from the NREGA fund and bought the land. Later Raghupathi reimbursed the NREGA fund with Rs. 168000. But on 27/05/2011, BDO of Melmalaiyanur Union Mr. Palanisamy, filed a complaint with the Avalurpettai Police Station alleging that Raghupathi of Melchevalaambadi Panchayat and his associates have embezzle the NREGA funds. He arbitrarily filed the case and gave a press report on the same. Based on his complaint Raghupathi was dismissed by the district administration. He  filed a appeal at the High Court against this illegal dismissal. Later the Madras High Court dismissed all the embezzlement charges against him and again reinstated him as Panchayat president.

Legal Standard Breached:

1.       Whoever institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe - 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(1)(viii) of SC/ST PoA Act).
2.       Whoever gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe - - 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(1)(ix) of SC/ST PoA Act).
3.        Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, willfully neglects his duties required to be performed by him 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 of SC/ST PoA Act).
4.       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).
5.       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].
6.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].

D. Gokulraj (24), resident of Nallaur village, Vaanur Taluk, Villupuram District, belongs to Dalit Paraiyar community. On 26/05/2011, he went along with friends to Uppuvelur village to attend his friend’s marriage. During the time, Gokulraj attended the Droupathiamman Temple and he participated in the Fire entry ritual and entered the temple. On noticing this, Vanniyar community youths led by Tamil Selvan brutally assaulted Gokulraj with iron rods and wooden logs, saying, “how dare you paraiya enter our temple, where dalits are prohibited to enter the temple. Gokulraj sustained severe injury all over his body. But he have not revealed about this assault to his friends. During the evening Gokulraj  and Sudhakar (Dalit paraiyan community and resident of Nallaur village), went to watch the dance festival. At that time, the dominant caste hindu vanniyar community youths noticed them and intimidated them. Gokulraj managed to escape from the attack. The perpetrators brutally assaulted Sudhakar with deadly weapons like iron rods and wooden logs. Police Inspector Mr. Mani and Sub Inspector Veera Sekar, who came to the rescue of Sudhakar were also man handled. Sudhakar sustained severe injury in his head and all over the body. As the blood was gushing out of his head, police called the emergency ambulance. But the ambulance on arrival, refused to pickup Sudhakar, saying that he had not sustained grievous injury. Hence Sudhakar was taken to the Government Hospital in a two wheeler. He received treatment for nearly two days. On returning from hospital, Arujunan relative of Sudhakar who enquired about the health condition was also attacked by caste hindu mob. Atrocity case was registered against the perpetrators. Later the case was compromised and closed in the police station.