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A Dalit Murdered to Encroach upon Land
- Posted by: NDMJ-UP
- Date of incident: 26-05-2011
- Create date: 30-11-2013
- State:: Uttar Pradesh
- District:: VARANASI
- Police station:: Lanka
- Chargesheet:: 16.06.11, No. 9/11, u/s 147,148, 323, 504,506, 308, 304, 325, 452 IPC & 3(1)(x), 3(2)(v) of SC/ST (PoA) Act.
- Summary:: 40 dalit Mushar families were living on the 5 Bigha land of gram Panchayat for the last 100 years. The dominant caste people wanted to encroach up on the land. On 26.5.11, when the Mushar Community Family were repairing their huts, which were destroyed due to violent storm. Taking that time as a chance, 11 dominant caste people armed with rods, hockey bat, etc attacked the dalits and destroyed 4 huts completely. In which one dalit named Radhyesyam died on the spot. Counter case filed against 7 victims namely Indrajit Shanker, Laxmina Ramdular, Govind, Sikandar A criminal case was registered against the criminals. 11 perpetrators were arrested. 2 perpetrators were bailed out. Compensation of Rs. 1,70000 received by the wife of deceased Radhesyam, Other 3 Victims Sankar , Laxmina , Indrajit received compensation of Rs. 6250 each. Counter case is pending in ACM V, Varanasi & next hearing is on 23.9.11. Victims are under threat.
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Dalit Bonded Labour of Kadrabad
- Posted by: Dalit Dasta Virodhi Andolan
- Date of incident: 25-05-2011
- Create date: 03-03-2014
- State:: Punjab
- District:: PATIALA
- Police station:: samana
- Chargesheet:: No F.I.R.
- Summary:: Jagjiwan Singh S/o Gulzara Singh R/o Village- Kadrabad, tehsil- Samana, District- Patiala, he belongs to Caste Majhabi Sikh which has been declared as a Scheduled Caste. On 25th May 2011 he works as a “Siri” a bonded labour by Jharmal Singh S/o lambardar Santokh Singh from Village- Kadrabad, tehsil-Samana, District- Patiala who belongs to Jatt Sikh Community. He was working from 4:00a.m to 10:00p.m during the wheat and paddy transplantation season, the employer was extracting work from him for 24 hours. He requested many times to employer that he wants to go to his house then hardly the employer allows him to go to his house after three or four days only for ten or twenty minutes. If he spends more than twenty minutes time in his house then the employer comes to his house and taken tonhim back to his work and abused him on caste basis. The employer never allowed him for any weekly rest or overtime when ever Jagjiwan could not attend the work due to some urgent work or due to illness the imposed a fine of Rs. 200/- on him and adds this amount in the advance amount and charged a0n interest of 2% per hundred per annum. During his two years work period the employer never paid the full wages of Jagjiwan Singh whenever he requests him several times to pay him wages then in a month the employer gave him only Rs. 1000/- per month. His wife was selling the milk of their caws and she was managing the expenses of their house. In the first year the employer took the thumb impressions of Jagjiwan Singh on many types of blank papers but Jagjiwan Singh do not know that what type of papers these are? Why the employer has taken his thumb impressions on these papers? and where he will use these papers as he is not educated. During the work period Jagjiwan got fever and his son was also suffered from typhoid,. Jagjiwan could go for work for two days and when on third day he went to the employer and demanded his wages the employer refused to pay him any of his wages for the treatment of Jagjiwan Singh and his son who was suffered from Typhoid. When Jagjiwan told his employer that he do not want to continue his services with him and demanded his wages, the employer abused him on caste basis and demanded a debt of Rs.80,000/- from him as a bonded debt. The employer was not allowing him to leave the work without repaying the bonded debt and was threatening him that if he will not pay him his debt amount then he will through them out of their house and forcibly will took the possession of their house. As the employer was not giving the earned wages of Jagjiwan Singh, he was provided any money for his treatment and the employer was imposing a false debt amount on him to extract the bonded labour so Jagjiwan Singh was not any desire to work for the employer. He ran away from the work place and approached to DDVA and his complaint was sent to the DM o dated 8/7/013. He is physically free but the administration has not yet issue him any release certificate
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Attempt to Rape of a Dalit Woman and the Couple Attacked
- Posted by: NDMJ - DELHI
- Date of incident: 25-05-2011
- Create date: 12-09-2014
- State:: Bihar
- District:: NAWADA
- Police station:: Hasua
- Summary::
Hari Choudhry (48) s/o Shakhi Choudhry is the resident of Walabigha village, P.O. Dona under Hasua police station in Nawada Dist. belongs to Mushahar (SC) community.
On 25/05/2011, at about 3 p.m. Vinod Yadav & Shiya Yadave s/o Mahavir Yadav, Dharmendra Yadav s/o Rajkumar Yadav, Munna Yadav s/o Rameswar Yadav went to victim’s house to drink Tadi (juice collected from plants/tree). The victim asked them money for Tadi and also the previous due Rs. 200/-. The accused persons got irritated, abused and threatened to kill him if he dared to ask money further.
On the same day, the assailants namely Vinod Yadav & Shiya Yadave s/o Mahavir Yadav, Dharmendra Yadav s/o Rajkumar Yadav, Munna Yadav s/o Rameswar Yadav, belonging to OBC community, went to the terrace of victim while they were asleep at about 10.00 pm. The assailants tried to molest and rape Phul Kumari Devi (45) w/o Hari Choudhry. Meantime her husband got up on hearing the noise. When the couple objected to the criminal act, the assailants caught hold of Hari Choudhry and threw him down from terrace; as a result he was seriously injured. Now the he is under treatment in P.M.C.H, Patna
A case was registered in Hasua police station on 25/05/2011 against the assailants as No. 103/11, u/s 341,323,326,307,448,379,505 IPC & 3(1)(x) of SC/ST (PoA) Act., the police have not arrested any of the accused. The perpetrators give threat to the victims to withdraw the case or else they would kill them.
Legal Standard Breached:
- 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].
- Assault or use of criminal force on a woman with intent to outrage her modesty [sec. 354 IPC].
- Voluntarily causing hurt to and assault or another person is an offence Sec.323 of IPC 342,355, 326, 327, 34 of IPC
- Voluntary grievous hurt with dangerous weapons is an offence under sec. 326 IPC, and any person who commits any offence under the Indian Penal Code punishable by imprisonment for a term of 10 years or more against a member of a Scheduled Caste, shall be punishable with imprisonment for life and with fine [sec. 3(2) (v) of SC/ST (PoA) Act].
- 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 [sec. 3(1)(x) of SC/ST (PoA) Act].
- Whoever, being a public servant but not being a member of a Scheduled Caste or Scheduled Tribe, willful neglects his/her duties required to be performed by him/her under the Act, is guilty of an offence [sec. 4 SC/ST (PoA) Act].
- Uttering any word or making any gesture intended to insult the modesty of a woman [sec. 509 IPC].
- Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
- 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.
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No downloads availableForced Labour a member of Scheduled Caste
- Posted by: Dalit Dasta Virodhi Andolan
- Date of incident: 16-05-2011
- Create date: 03-03-2014
- State:: Punjab
- District:: TARN TARAN
- Police station:: Patti
- Chargesheet:: No F.I.R.
- Summary:: Sukhdev Singh S/o Joginder Singh aged 35 years, a member of scheduled caste, resident of Village- Bhaini Gurmukh Singh, Post Office-Diyalpur,tehsil- Patti, District- Tarn Taran. He and his five family members and other seven families work on M/s Laxmi Bricks Manufacture BKO, Village-Algo Kothi, tehsil-Patti, District-Tarn Taran, from October 2011. The current contractors of this brick factory are Baljit Singh and Maghar Singh . The Jamadar Paramjit Singh S/o Jarnail Singh r/o Village- Chuhang, Tehsil-Patti, District- Tarn Taran have brought to Sukhdev Singh & other seven families to work for the brick factory. Baljit Singh and Maghar Singh gave advance to all the eight families and they started to work as brick molders in vernacular called “Pathera” at the brick factory. Baljit Singh and Maghar Singh gave them very petty expenses according to the bricks made by the workers. If the worker makes 1000 bricks then Baljit Singh and Maghar Singh gave them only Rs.100 after 7 days if the workers makes 6000 bricks then Baljit Singh and Maghar Singh gave them only Rs.600/-.From last one week Baljit Singh and Maghar Singh is not paying any expenses to the workers. The workers are facing the starvation on the brick factory. The worker Balwinder Kaur wife of Sukhdev Sing met with a paralysis attack during the work. Sukhdev Singh demanded his wages from Baljit Singh and Maghar Singh for the treatment of his wife but they do not pay any money to Sukhdev Singh. Sukhdev Singh borrowed money from his relatives for the treatment of his wife. Baljit Singh and Maghar Singh are not paying the wages of the workers and not allowing them to go anywhere. Baljit Singh and Maghar Singh are threatening the workers that without paying the bonded debt they will not allow them to go anywhere and their households will not give to them. Now all the workers do not want to work on the brick factory because the employers of the brick factory are not paying their wages, demanding debt amounts and do not allowing them to work anywhere. The complaint was sent of DM Tarn Taran. Sukhdev Singh S/o Joginder Singh aged 35 years, a member of scheduled caste, resident of Village- Bhaini Gurmukh Singh, Post Office-Diyalpur,tehsil- Patti, District- Tarn Taran. He and his five family members and other seven families work on M/s Laxmi Bricks Manufacture BKO, Village-Algo Kothi, tehsil-Patti, District-Tarn Taran, from October 2011. The current contractors of this brick factory are Baljit Singh and Maghar Singh . The Jamadar Paramjit Singh S/o Jarnail Singh r/o Village- Chuhang, Tehsil-Patti, District- Tarn Taran have brought to Sukhdev Singh & other seven families to work for the brick factory. Baljit Singh and Maghar Singh gave advance to all the eight families and they started to work as brick molders in vernacular called “Pathera” at the brick factory. Baljit Singh and Maghar Singh gave them very petty expenses according to the bricks made by the workers. If the worker makes 1000 bricks then Baljit Singh and Maghar Singh gave them only Rs.100 after 7 days if the workers makes 6000 bricks then Baljit Singh and Maghar Singh gave them only Rs.600/-.From last one week Baljit Singh and Maghar Singh is not paying any expenses to the workers. The workers are facing the starvation on the brick factory. The worker Balwinder Kaur wife of Sukhdev Sing met with a paralysis attack during the work. Sukhdev Singh demanded his wages from Baljit Singh and Maghar Singh for the treatment of his wife but they do not pay any money to Sukhdev Singh. Sukhdev Singh borrowed money from his relatives for the treatment of his wife. Baljit Singh and Maghar Singh are not paying the wages of the workers and not allowing them to go anywhere. Baljit Singh and Maghar Singh are threatening the workers that without paying the bonded debt they will not allow them to go anywhere and their households will not give to them. Now all the workers do not want to work on the brick factory because the employers of the brick factory are not paying their wages, demanding debt amounts and do not allowing them to work anywhere. The complaint was sent of DM Tarn Taran. Sukhdev Singh S/o Joginder Singh aged 35 years, a member of scheduled caste, resident of Village- Bhaini Gurmukh Singh, Post Office-Diyalpur,tehsil- Patti, District- Tarn Taran. He and his five family members and other seven families work on M/s Laxmi Bricks Manufacture BKO, Village-Algo Kothi, tehsil-Patti, District-Tarn Taran, from October 2011. The current contractors of this brick factory are Baljit Singh and Maghar Singh . The Jamadar Paramjit Singh S/o Jarnail Singh r/o Village- Chuhang, Tehsil-Patti, District- Tarn Taran have brought to Sukhdev Singh & other seven families to work for the brick factory. Baljit Singh and Maghar Singh gave advance to all the eight families and they started to work as brick molders in vernacular called “Pathera” at the brick factory. Baljit Singh and Maghar Singh gave them very petty expenses according to the bricks made by the workers. If the worker makes 1000 bricks then Baljit Singh and Maghar Singh gave them only Rs.100 after 7 days if the workers makes 6000 bricks then Baljit Singh and Maghar Singh gave them only Rs.600/-.From last one week Baljit Singh and Maghar Singh is not paying any expenses to the workers. The workers are facing the starvation on the brick factory. The worker Balwinder Kaur wife of Sukhdev Sing met with a paralysis attack during the work. Sukhdev Singh demanded his wages from Baljit Singh and Maghar Singh for the treatment of his wife but they do not pay any money to Sukhdev Singh. Sukhdev Singh borrowed money from his relatives for the treatment of his wife. Baljit Singh and Maghar Singh are not paying the wages of the workers and not allowing them to go anywhere. Baljit Singh and Maghar Singh are threatening the workers that without paying the bonded debt they will not allow them to go anywhere and their households will not give to them. Now all the workers do not want to work on the brick factory because the employers of the brick factory are not paying their wages, demanding debt amounts and do not allowing them to work anywhere. The complaint was sent of DM Tarn Taran. Sukhdev Singh S/o Joginder Singh aged 35 years, a member of scheduled caste, resident of Village- Bhaini Gurmukh Singh, Post Office-Diyalpur,tehsil- Patti, District- Tarn Taran. He and his five family members and other seven families work on M/s Laxmi Bricks Manufacture BKO, Village-Algo Kothi, tehsil-Patti, District-Tarn Taran, from October 2011. The current contractors of this brick factory are Baljit Singh and Maghar Singh . The Jamadar Paramjit Singh S/o Jarnail Singh r/o Village- Chuhang, Tehsil-Patti, District- Tarn Taran have brought to Sukhdev Singh & other seven families to work for the brick factory. Baljit Singh and Maghar Singh gave advance to all the eight families and they started to work as brick molders in vernacular called “Pathera” at the brick factory. Baljit Singh and Maghar Singh gave them very petty expenses according to the bricks made by the workers. If the worker makes 1000 bricks then Baljit Singh and Maghar Singh gave them only Rs.100 after 7 days if the workers makes 6000 bricks then Baljit Singh and Maghar Singh gave them only Rs.600/-.From last one week Baljit Singh and Maghar Singh is not paying any expenses to the workers. The workers are facing the starvation on the brick factory. The worker Balwinder Kaur wife of Sukhdev Sing met with a paralysis attack during the work. Sukhdev Singh demanded his wages from Baljit Singh and Maghar Singh for the treatment of his wife but they do not pay any money to Sukhdev Singh. Sukhdev Singh borrowed money from his relatives for the treatment of his wife. Baljit Singh and Maghar Singh are not paying the wages of the workers and not allowing them to go anywhere. Baljit Singh and Maghar Singh are threatening the workers that without paying the bonded debt they will not allow them to go anywhere and their households will not give to them. Now all the workers do not want to work on the brick factory because the employers of the brick factory are not paying their wages, demanding debt amounts and do not allowing them to work anywhere. The complaint was sent of DM Tarn Taran.
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60 years old Dalit woman raped- Krushnapuri
- Posted by: Centre for Dalit Rights
- Date of incident: 12-05-2011
- Create date: 29-11-2013
- State:: Rajasthan
- District:: AJMER
- Police station:: Madanganj
- Chargesheet:: not filed
- Summary:: Bhanbri Devi (60) w/o-Narayan Regar is a resident of Regaran Maholla, Bada Ganesh Mandir, Krushnapuri. On 12.05.2011 she was stiching mattress with her Granddaughter puja(16). Around 11am in the morning her neighbor Hari Singh (40) s/o Sabai Singh came and called her to his house to give Bibhuti (holy ashes) to get rid of her son in-laws drinking habit. She folled him to his house and was waiting in the verandah, then he called her inside the house but she refused to go in. Then he came out and shut the gate door and lifted her and took her inside the house and raped her by putting clothe on her mouth and threatened her not to inform about it to anyone. She came out and informed her son then they both went file FIR under sec 376 and 3(1)(12)/3(2)(5) SC/ST POA Act.
