Kappari Divya (12yrs), SC Budagajangam by caste, is the daughter of Kappari Venkateswara Rao.  They are the residents of Hamali colony, of Mekavanipallem gram panchyat of Machilipatnam rural mandal in Krishna district.  Venkateswara Rao and his wife are street vendors of steel utensils in exchange of old clothes.   Divya takes their goat for grazing daily. As usual she took the goat for grazing on 12/04/2011 around 9.00 am in the morning to the nearby bushes.  But she did not return to the house before dusk.  As it was late in the night and since Divya has not returned, her parents searched for her, but in vain. On the next day i.e. on 13/04/2011 they went   to the Machilipatnam Rural PS and lodged a complaint. While they were in the police station, received information that the goat was traced out and it was with a broker.   Divya’s father went to the broker and enquired about the goat and has come to know that it was sold by Parnam Pandu Ranga Rao (35), OC Kapu by caste, of Chilakalpudi an adjacent area to Hamali colony.  Divya’s parents informed the matter to the police. The police took Pandu Ranga Rao into custody and brought him to the police station.  In interrogation, he confessed that he raped Divya and strangulated her to death with her towel and buried her.   The body was exhumed from the place showed by Pandu Ranga Rao and was sent for post mortem. Based on the complaint lodged by Divya’s father, a case was registered bearing Cr No 64/2011 U/s 302, 201, 376 r/w 511 of IPC on 13/04/2011 in Machilipatnam Rural PS of Krishna district. 

K. Selvam (28), Kodikkal parai, Perungaapur, Gingee Taluk, Villupuram district, belongs to Irulas tribal community. He is a working as a Tata Ac driver, vehicle owned by M. Subramani, belongs to dominat caste hindu Vanniyar community. On 09/04/2011, as Selvam fell sick he took leave and was at home. But Subramani asked to come for work. As Subramani insisted Selvam to report for work, Selvam asked his nephew Prabhu to drop him at Jeyasakthi Welding workshop, Gingee. Hence Prabhu and Selvam went to Gingee to meet Subramani. As they reached the Jeyasakthi workshop, Subramani verbally abused Selvam for not reporting for work and verbally abused Prabhu for hiding Selvam. Then Subramani brutally assaulted them. Hence Selvam and Prabhu were admitted in the Gingee Government Hospital. Later they filed a case against Subramani at the Gingee Police Station. In the mean time the perpetrator Subramani lodged a false complaint with the help of his wife Jaya for threatening and criminal indimidation. Later in this Subramani was arrested and Prabhu received interim compensation of Rs. 25000.

Legal Standard Breached:

1.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC
2.       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).
3.       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).
4.       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].
5.       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).
6.       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).
7.       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).
8.       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].
9.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
10.   No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

V. Palani (55), resident of Vengamedu, Perundurai Taluk, Erode District, belongs to Dalit Aruthathiyar community. He is a daily wage labour. On 06/04/2011, he and Fencing Contractor M. Arumugam, went to Selamandampalayam to fence the agricultural land belongs to Shanmugasundaram Kounder. Palani, Arumugam and 9 other members were digging holes to fence the lands to separate the lands of Shanmugasundaram and Swaminathan Kounder. On noticing their activity, Palanisamy kounder, his wife Papaathi and his son Thirumoorthy verbally abused them saying, ‘you sakkili sons of prostitutes,why are digging holes and fencing the land?, this land is under court case and ran away from this place”. Palani replied we are just labours, if you have any objections, speak to the land owners”. Infuriated  Palanisamy again verbally abused them saying, “ you sakkili how dare you speak against us and disobey our orders?”. Then

Palanisamy, Papaathi and Thirumoorthy pelted stones targeting the people who were engaged in fencing. Palani sustained serious injury in his hand and sustained injury all over his body. Arumugam was also injured. On seeing this onslaught, Shanmugasudaram rushed to the village to bring the people. As the villagers arrived, the perpetrators ran away from the place of incident. Palani and Arumugam, filed a complaint with the Chennimalai Police Station. The Police gave a complaint received copy but refused to file a FIR against the perpetrators. On enquiry about the denial of case registration, DSP replied this is a fake complaint. Due to their enmity Shanmugasundaram and Swaminathan, instigated Palani to file this case against the perpetrators. Palani was admitted in the Erode Government Hospital and received treatment for two days. Police who were negligent and bias in favour of the perpetrators, failed to file the case and arrest the perpetrators.

Kailash Chandra Verwa s/o Sriram is the resident of Bhandari village, under Secundera police station in Dausa Dist. He works as Addl. Engineer in Public Health Engineering Dept., Rajgarh in Alwar Dist. belongs to Scheduled Caste (Chamar) community.

On 30 March, 2011, while Kailash Chandra & Sitaram Verma, a Junior Engineer were working in the office, around 9.30 a.m. Kailash Chandra received a call from one of the residents of Rajgarh, Ward no. 2, that Basti hand-pump has gone out of order and people face difficulties for  water. Kailash Chandra sent a team immediately to repair the pump. Meantime, Pramod Sharma, Head of the Ward no. 2, threatened Kailash Chandra to block the road if the pump of their ward is not repaired immediately. After a while, again Kailash Chandra received a call that the residents of Ward no. 2 have blocked road, opposite to panchayat samiti office.

As he received the news, Kailash Chandra along with other two of his office staff namely Sitaram Verma, Junior Engineer & Ramotar Sharma, office clerk, rushed to the spot at once, where he found hundreds of men & women have gathered in front of the panchayat samiti office, burning tyre on the middle of the road and agitating with a slogan “A.E.N, J.E.N and Ex. E.N hai hai”. Kailash Chandra with a peaceful manners, tried his best to make the crowed understand, but the agitators did not listen to him instead manhandled him. The agitators namely Pramod Sharma, Sekhar Tomouli, Suresh Jagga, Shivshankar Alouria, Phul Singh Parewa & others abused Kailash Chandra in caste name and said that let us beat J.E.N & A.E.N, the Chamars and black paint their faces, with that abruptly, a woman from the crowd threw a bottle of burnt engine oil on Kailash Chandra. His face and entire body was back painted with the oil. Police was present during the time of occurrence, but did not take any action against the assailants. Kailash Chandra somehow managed to escape from the place.

When the victim went to lodge complaint in the Rajgarh police station, the Ex. E.N refused him to lodge complaint by saying that the crowd has not threw engine oil bottle on you intentionally but it happen by mistake, don’t be worried about. However, after two days of the incident on 1 Oct, 2011, Kailas’s complaint was lodged with the direction of District Collector. 

When the accused came to know that a case has been registered against them, one day a person named Sanu Sarhar from Ward no. 2, threatened the victim to withdraw the case or else they would parade Kailash after black painting his face. The police has not taken any action till date. None of the accused persons has been arrested in this case.