Diseased Karu Singh Bhagota (40) s/o Bhutai Singh Bhagota is the resident of Sondaha, Chaparbar Basti, P.O. Tilouya under Banki Bazar police station in Gaya Dist. belongs to Bhagota (SC) community.

On 06/03/2011, Diseased Karu Singh Bhagota (40) s/o Bhutai Singh Bhagota , Devnandan Singh Bhagota (45) s/o Rohani Singh Bhagota, Kiran Kumar (13) d/o Gupta Singh Bhagota, Rajia Devi (41) w/o Rajendra Singh Bhagota, Anita Kumar (14) d/o Balindra Singh Bhagota and 8 other villagers belonging to Bhagota (SC) community went towards Jarkhari mountain to collect leaves. On their way back home at about 4 p.m. the met police station in-charge of Madanpur P.S. along with 100 other police personnel who were in search of the thieves. The police personnel enquired about their background and asked their caste. When the police came to know about their caste, abused them in their caste name and slapped Karu Singh and beat with lathi. The police personnel asked them to go along with them in search of the thieves. The victims were frightened with the behavior of the police personnel. 

While the police personnel were leading them, suddenly there was bullets firing at them by thieve. The police personnel also opened firing at the thieves. It is learnt that for whole night, there was exchange of firings; unfortunately one bullet of thieves pierced into the head of Karu Singh Bhagota thus he lost his life on the spot. On 07/03./2011, the police sent the dead body to Aurangabad Hospital for postmortem.

The villagers tried to block the road on the protest of compensation and justice to the victim’s family. But the police assured them to provide compensation and justice to victim’s family. However so far neither the victim has received compensation from the administration nor has the police taken appropriate step to render justice to victim, rather Devnandan Singh Bhagota was kept in the custody for 3 days in suspension of theft and he was asked to sign on the blank sheet of paper and was set free.

Though the police registered a criminal case against the perpetrator, however SC/ST (PoA) Act was not invoked in FIR. The perpetrator is still on run. The victim’s family has not received any compensation from the administration yet. Still the case is under investigation.

Legal Standard Breached:

1.       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].
2.       Voluntarily causing hurt to and assault or another person is an offence Sec.323 of IPC 342,355. 34 of IPC
3.       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) SC/ST (PoA) Act].
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 [sec. 3(1)(x) SC/ST (PoA) Act].
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].
6.       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].
7.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].

Veluasmy (24), S/o Shanmugam, resident of Pannakinaru Arunthathiar colony, Arasalur, Erode district., belongs to Dalit Arunthathiar community. He was an auto driver. In 2009, he bought Rs. 50,000 as credit for his sister’s marriage from Gowri Shankar, Suresh and Saravanan. He repaid Rs. 25000. When he failed to pay the remaining amount with the interest, the money lenders took away the 25 ton of Tapioca grown in his agricultural field. Hence Velusamy considered that he is no need to pay any more money. But after two days, the money lenders came back to him asking him to pay the interest amount. Velusamy denied to pay, saying he paid more than Rs. 1 lakh for the credit received. Money lenders started threatening him asking to pay the interest amount.

On 06/03/2011, unable to bare the mental trauma due to the repeated torture by the money lenders, he committed suicide in his Grand Mother’s house located in Vaduhapatti. In his letter to the District collector, before his suicide attempt, he mentioned the names of Gowri Shankar, Suresh, Saravanan all belong to dominant caste hindu Kounder community, as responsible for his suicide.

Political parties staged a road blockade requesting to take action against the culprits. Hence Police promised to arrest the perpetrators and arrested Suresh and Saravanan. Main accused Gowri Shankar was not arrested. Velusamy Parents were not ready to lodge a complaint against the perpetrators fearing strong negative reaction from the Kounder community people. Since Arunthathiar community livelihood is dependent on the Kounder community, his parents, relatives and the village members have not come forward to seek justice for the death of Velusamy.    

Mr. M. Suresh, S/o Mr. Muthu Krishnan, resident of Parvathi Puram Dharmasalai, Kuruinchipadi Taluk of Cuddalore District, died due to physical torture of Vadalur Police Staffs led by Sub-Inspector Mr. Elango.

Muthu Krishnan, friend of Suresh, murdered one Senthil kumar, with whose wife, Muthu Krishnan was having illicit affair. As Senthil Kumar came to know the affair, Muthu Krishnan planned to murder Senthil Kumar and murdered so. Muthu Krishnan gave the Senthil Kumar’s mobile to Suresh and told him that he murdered Senthil Kumar. Since he was using the mobile of the murdered Senthil Kumar, and he also knew the murderer, Suresh started to freak and went to Chennai, on the behest of his son’s medical treatment.

On 02/03/2011 Vadalur Police men led by Sub-Inspector Elango, arrested Suresh at Kolathur and started beating at the very place of arrest. Suresh was  brutally assaulted by the police and he was seriously wounded. On 04/03/2011 Cuddalore  Judicial Magistrate gave order for remand of Suresh even without his presence. Remand request for Suresh was granted without proper medical checkup. When Suresh, Muthu Krishnan and Sangeetha W/o Senthil Kumar, were taken for imprisonment at Cuddalore Central Jail, Jail Warden on realizing the health condition of Suresh due to physical evidence of torture, recommended medical treatment for Suresh.

Suresh was admitted in Cuddalore Government General Hospital on 04/03/2011 at 02.00 a.m. On 05/03/2011 around 12.30 pm. Suresh died due to breathing problem. FIR has been filed, Cr. No. 119/2011, U/s 176(1)4 Cr.P.C. 

S. Sachuthanantham (15), s/o Sekar, resident of Thenkolapakkam, Mailam Union, Tindivanam Taluk, Villupuram District, belongs to Dalit Paraiyar community. He is pursuing 10^th std in Nehru Matriculation School, Mailam. He is Ist rank holder in his class and he is a bright student in the class. In the school, the class teachers take leave frequently without the consideration of the students education. Teachers are accused for being lethargic and as the public examination gets closer, they used to torture the students to study well and to uphold the reputation of the institution. Students are subject to severe corporal punishment to score good marks in the examinations.

On 03/03/2011, Student Sachuthanantham was caught hold for copying in the Revision test conducted in the class by the English teacher Chinnadurai. Hence Chinnadurai threatened him, saying, “if you continue to do so, you will be suspended for three years and your education will be in jeopardy”. Sachuthanantham fearing the teacher and his parents, left the school. He roamed around Villupuram and then to Chennai. His father Sekar and the teacher Chinnadurai searched for him. As they were not able to find him, they lodged a complaint with the Mailam Police station. His parents searched for him in Chennai and in the nearby areas. Later he was found in Chennai. But he failed to appear in the 10^th public examination for the calendar year 2010-2011.

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.       No Child shall be subjected to physical punishment or mental harassment. Whoever contravenes the provisions, shall be liable to disciplinary action under the service rules applicable to such person. [Sec. 17(1&2) of RTE Act].

The village consits of 6000 population and main castes are Patel, Bharwad, Thakor, Vaghari (Tadvi), Muslims and Dalits. Dalits includes sub castes of Vankar, Rohit and Valmiki. The total number of dalits families is approximately two hundred to two hundred fifty. Sarpanch belongs to Thakor community. Bharwad community is dominant in the vilage.

The complainant of this case is Samubhai Bhojabhai Parmar. He is a member of sheduled caste. The nehhew of complainant Rakeshbhai Parmar had some quarrel with the accused and three other persons as the accused and three other persons were cutting trees in the field of dalit and their animal destroying the corps. Therefore they were told not to cut trees. On denial the main accused Arjanbhai Bharwad had attacked with stick and he was bleeding. The accused also used abusive words regarding their castes

The victim was taken to the hospital and then information was given to the police and the police registered FIR under section 323, 324, 504, 114 of IPC. And Section 3(1) 10 of SC/ST Act