Kanikkapatti village, Tarapuram Taluk, Tirupur District is home to nearly 140 dalit Arunthathiyar families. Most of the families were land less casual labourers. In this village, there is separate cemetery for the dominant caste hindu Kounder community people. Dalits were allotted separate cemetery by the government, which in itself is discriminatory and practice of un-touchability in nature. The people from Kounder community uses the dalits cemetery, but they won’t dalits to use their cemetery. In this scenario, one Sabaes, belongs to Kounder community laid a road through the dalits’ cemetery land to his farm land.

On 16/04/2011, all the affected 140 dalit families staged a protest and road block, opposing the encroachment and requesting its removal. Hence Tarapuram Thasildar Mr. Samyappan reached the place and promised them to take action regarding the encroachment. On the objection of the government officials, road laying work was stopped as a immediate solution. Police is negligent to take action against the encroacher. He was given only oral warning regarding the encroachment. 

Nathiya (25) w/o Veeran, resident of P. Maambakkam, Ulundurpet Taluk, Villupuram District, belongs to Dalit Paraiyar community. On 28/03/2011, Nathiya was admitted in the Ulundurpet Government Hospital for her third delivery and LSCS with sterilization was done to her on the same day. But she was feeling well from the day of sterilization and her health condition deteriorated steadily. But hospital staffs discharged her on 06/04/2011, saying the deteriorating health condition can be addressed with some tablets. From the day of discharge, she health condition became poor, she complained about stomach pain and developed severe allergic rashes. Hence she was admitted again in the Ulundurpet Government Hospital on 09/04/2011. Doctors said that one of the nerve was missed during sterilization and they again conducted one more operation on 14/04/2011. On 15/04/2011, in the hospital, she went to the bathroom for urination, but fainted and collapsed to death. As she have not returned for long, hospital staffs broke open the bathroom door and found her dead. During the same day, hospital staffs took her body and forcefully thrusted Veeran(Husband of Nathiya) and left her body in their house at P. Maambaakam. Considering this medical negligence and death due to wrong treatment, relatives and  villagers staged a protest to take action against the erred doctors. Nathiya’s body was taken for post mortem. As the police and the hospital officials promised to take action against the erred doctors  for medical negligence and to provide compensation for the death, the protestors withdraw the demonstration and collected her body and conducted the funeral. 

Case in Brief:

K. Pranaesh Anand (16), s/o K. Kaliyan, resident of Aathur village, Thirunavalur union, Ulundurpet Taluk, Villupusram district, belongs to Dalit Paraiyar community. He was pursuing his 11^th std in the SRV Higher Secondary School, located in Rasipuram taluk, Namakkal District by staying in the school hostel. On 12/04/2011, 06.05am while Kaliyan is in election duty, he received a call from the SRV school hostel complaining that his son was evil and asked him to come soon. Since Kaliyan was on his election duty, he asked the informer to convey the news to her wife. Again after 10 minutes, he received a call saying that her wife (mother of Pranesh Anand) mobile was not reacheable and asked him to come to the school without delay. Hence around 07.05, Kaliyan managed to get leave from his higher authority and got ready to go to SRV School. He called back the number and sought the updation on his son’s health condition, they told that Pranesh Anand died in the hospital. On reaching hospital, Kaliyan found that his was strangulated to death and found fluids ran from his sons nostrils. When enquired about this to the warden and the hostel inmates, they told that his son had breathing problem in the early morning around 05am. As his breathing trouble persisted he was taken to the hospital and died before reaching the hospital. The suspicion of murder grew stronger when Kaliyan noticed nail cut marks in one of the hostel mate of Pranesh Anand. Even before the tragedy, Pranesh complained about the sexual harassment of the hostel warden and the caste discrimination by the fellow inmates. In the school notice board the students scored marks were displayed along with their community name. As Kaliyan and his relatives protested and refused to receive the body seeking a fair investigation in the suspicious death of his son, Police officials promised a fair investigation in the death and severe action against the culprits.

Legal Standard Breached:

1.       Whoever causes the death of any person by doing any rash or negligent act not
   amounting to culpable homicide, shall be punished with imprisonment of either
   description for a term which may extend to two years, or with fine, or with both.[Sec. 304A of IPC].
2.       Murder is an offence punishable under section 302 IPC, and any person who commits any offence under the section 302 IPC 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) SC/ ST (PoA) Act).
3.       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).
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].
7.       No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].
8.       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).

Case in Brief:

T. Ramakrishnan, resident of Harijan Colony, Gandhipuram, Bhavani Taluk, Erode district, belongs to Dalit Arunthathiyar community. He was working in a Areca Palm godown located in the Vathiyar Thottam, Brahmadesam. He happened to work for nearly 16 hours a day for a daily wage of Rs. 100. He worked there for the last three years. Since the areca palms were baked with sulphur powder, he developed allergic scratches all over his thighs. Hence he quit the job. But the owner’s son Venkatesh threatened him of dire consequences if he refuse to work here and told that he won’t allow him to get job anywhere in that area. But considering the health condition Ramakrishnan quit the job. On 12/04/2011, 5pm while Ramakrishnan was returning home along with his nephew Kulanthai velu, Mani s/o Chinnayan Kounder, Seenu, Murugan and Venkatesh interrupted them and asked Ramakrishnan to get inside the Sprinter plus vehicle. As Ramakrishnan refused to go with them, they accused him of stealing the areca palms from the godown. They assaulted him and pinched him with the large needle. As Kulanthaivelu came to his rescue, he also was brutally assaulted by the perpetrators. Then they took him to the Vathiyar Thottam (Farm House) and brutally assaulted him. On knowing the incident through Kulanthai velu, the dalits of the village came to the farm house to rescue Ramakrishnan. On knowing the arrival of the villagers, the perpetrators took him to another location and again brutally tortured him. They verbally abused him referring derogatory regarding caste name and forced him to accept that he stolen the areca palms. The perpetrators took him to another location and tortured him for the next three days. Then they took him to the Veppampalayam Police Station of Karur district and threatened him to accept that he stolen the areca palms from the godown. Then Ramakrishnan was taken to the Andiyur Police station, there the police men threatened to kill his brother Ramasamy if he refuse to give affidavit of commissioning the theft. The Dalits of the village gathered infront of the station seeking the release of Ramakrishnan. Due to the intimidation and threat, Ramakrishnan gave a statement as if he had stolen from the Areca palm godown. Then he was referred to the Andiyur government hospital for medical assistance. The negligent police officials have not arrested the perpetrators and filed a case against them. Later this case was compromised at the kangaroo court convened by the Andiyur police officials.

Legal Standard Breached:

1.       Causing grievous hurt with dangerous weapons is an offence punishable under section 324 IPC, and any person who commits any offence under the section 324 IPC 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(2)(v) SC/ ST (PoA) Act).
2.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC
3.       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).
4.       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).
5.       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) SC/ST PoA Act).
6.       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) SC/ST PoA Act).
7.       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].
8.       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).
9.       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].
10.   Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
11.   No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].