Arumugam, belongs to Dalit community, is a resident of Harijan New colony, Siruvalai Village, Kaanai Panchayat Union, Villupuram District. He is a member of the Canara bank, located in Nehruji Road, Villupuram. Former Bank Manager is good friend of Arumugam and he advised Arumugam to enlist more number of Saving Account Holders for the benefit of the bank. Hence Arumugam enlisted around 500 new Savings Account holders in this branch. The bank manager provided a certificate regarding this. After the transfer of the Bank Manager, Mr. Venkatachalapathy is appointed as the new bank manager.

Arumugam is not cooperative towards Venkatachalapathy in enlist new saving account holders. Arumugam enquired about the account details of the bank, with the new bank manager. Hence Venkatachalapaoty is apprehensive about Arumugam and as an act of retaliation, he scolded the account holders. The customers reported this abuse to Arumugam. On 29/04/2011, around 11 pm, Arumugam went to the bank and asked a clerk to update the pass book for the A/c No. 2697101009794. Due to previous enimity and animosity, Bank Manager Venkatachalapathy verbally abused Arumugam referring derogatory regarding caste. He pushed him by his shirt and tried to beat him on the public view of the bank customers.

BMS colony is in Sukkampalayam Panchayat, Palladam Taluk, Tiruppur district. Semmiampalayam village is the main PDS Centre, from where ration items were supplied to BMS Colony. Dalits of BMS colony who was working as bonded labourers, were rescued by then District collector in 1999 and given residence in the BMS colony.  Saturday the ration shop distributes goods to the residents of this colony. Here the untoucability practice is widely prevalent, the dominant caste hindus were given first priority regarding distribution of ration items. Only after the distribution to the Dalits can get the remaining stock of the ration shop. Dalits were not allowed to stand in the queue along with the caste hindus. Dalits are discriminated and deprived of the essential items very often. Hence on 19/04/2011, dalits of BMS colony filed a petition with the District Collector and the RDO to initiate against the perpetrators and to end the menace of discrimination and untouchability practice. The district administration promised to take action in this regard.

Legal Standard Breached:

1.       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 - (a)  access  to  shops,  public  restaurants,  hotels  and  places  of  public entertainment. (15 (2)(a,b) of IC-FR).
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.       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].
4.       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].
5.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
6.       Whoever denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to; - - 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)(xiv) SC/ST PoA Act).

Alina village is situated in Mahudha taluka of Kheda district. The total population of the village is roughly 11,334. 417 people are of Dalit community, approximately 325 people are tribals, and Christian families are around fifty. There are around 200 houses of vaghari community. Tribals are working in the field of patel community.

The victim is staying with her uncle since her father is no more. She has studied till Std. 5^th. She had some problems. Her uncle took her to the hospital but did not get cured. Thereafter, some people told her grandmother that there is one person who is giving treatment and people get cured. So her grandmother took her there, the accused did some work and called them again. As told by the accused they went again to the accused. On 19/04/11 the accused made all other people far away from his house and thereafter he took her inside the room and raped her. The accused threatened her that if she tells anybody he would kill her family members. So the victim did not tell anybody but when she did not get her period, she was asked by her grandmother then she narrated everything.  On coming to know regarding the incident victim was taken to police station and gave complaint against the accused and police registered the offence under section 376, 506(2) of the IPC and section 3(1) (xii) and 3(2)(5) of the SCST Prevention of Atrocities Act.

Case in Brief:

Thaiyur village, in Gingee Taluk, Villupuram district, is home to nearly 350 dalit paraiyar community families and 750 caste hindu Vanniyar families. In this village there are two hindu temples, namely Sakthi Vinayahar Temple and Thaduthandavar Siva Temple. Both the temples which are common to both the community, are located in the Vanniyar infested area. For the last the 50 years, conflict used to rise over which community can conduct the festival in the first place. Every year during the festive season, the confict was resolved by allowing a child to choose from the two chit having the names of the two community. The chosen community was given the first priority to conduct the festival. Every year the temple festival and Ambedkar Birth day were celebrated by the dalit community. Hence on 14/04/2011, when the dalits approached the Police officials seeking permission to conduct the festival. But the police department refused to grant the permission and asked them to celebrate next year. But the Vanniyars decided to conduct the festival and as the dalit community opposed their move. Vanniyars filed an appeal with the High court and got an approval to conduct the festival. Dalits were denied to conduct the festival but the dominant caste hindus were given approval to conduct the festival with the due support and protection of the police department.

Legal Standard Breached:

1.       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 - (a)  access  to  shops,  public  restaurants,  hotels  and  places  of  public entertainment. (15 (2)(a,b) of IC-FR).
2.       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].
3.       Whoever denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to; - - 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)(xiv) SC/ST PoA Act).
4.       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].
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].