Case in Brief:

Rangasamy (42), resident of Minnalkaattupalayam, Nambiyur Union, Gopichettipalayam Taluk, Erode District, belongs to Dalit Arunthathiyar community.  He is a cow meat seller. In 2009 he received Rs. 25000 credit from the Sangili Nayakkar. Rangasamy defaulted in his payment of the interest. Hence on 01/05/2011, Sangili nayakkar trespassed in to Rangasamy’s house and abducted the cow of Rangasamy. But Pattaan elder brother of Rangasamy conversed with Sangili and brought the cow back. On 05/05/2011, while Rajamani w/o Rangasamy, is in the house, Sangili Nayakkar enquired the whereabouts of Rangasamy. When Rajamani replied that as soon as her husband returns home, that she will ask him to contact regarding this. But Sangili Nayakkar, verbally abused her referring derogatory regarding caste name and threatened to kill her and her husband for the nonpayment of the credit. Hence Rajamani and Rangasamy with the due support of the Dalit solidarity group filed a complaint with the Nambiyur police station. The police men failed to register the complaint. Later caste hindus who were in support of Sangili Nayakkar, persuaded Rangasamy to withdraw the complaint, saying that they don’t need to pay any more debt amount to Sangili. Rangasamy considering his business concern, withdrew the complaint.

Legal Standard Breached:

1.       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).
2.       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).
3.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
4.       No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to - the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (Art. 15(2)(b) IC-FR).
5.       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].

Case in Brief:

Melmalaiyanur Union is in Gingee Taluk, Villupuram District. This union includes village panchayats namely Paruthipuram, Kovilpuraiyur, Periyanolambai, Melchevalaambadi and Kundalampattu. The above mentioned gram panchayats except Kundalampattu were reserved panchayats. Hence Dalits were elected as Panchayat Presidents. On 29/04/2011, Block Development Officier of Melmalaiyanur Union, filed a complaint with the Avalurpettai Police Station alleging that K. Rajkumar of Paruthipuram Panchayat, Ms. Pumalli of Kovipuraiyur Panchayat, Annadurai of Periyanolambai Panchayat, Raghupathi of Melchevalaambadi Panchayat and their associates have embezzle the NREGA funds. He arbitrarily filed the case and gave a press report on the same. Based on his complaint all the four panchayat presidents were dismissed by the district administration. The dismissed panchayat presidents filed a appeal at the High Court against this illegal dismissal. Later the Madras High Court dismissed all the embezzlement charges against the four panchayat presidents and reinstated them again as Panchayat presidents.

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].