Deceased Rina Kumari (14) d/o Dukhi Boudh is resident of Kochak Bazar, ward no. 06, under Kochak police station in Rohtas Dist., belongs to Nato (SC) community.

On 22/02/2011, in the evening at about 8.00 pm, while the victim’s parents were out for begging, Rina Kumari along with her younger brother Jeetendra and sister Sarita was at home. The accused persons namely Bonti (20), Firoz Rain (22) s/o Sayid Rain belonging to OBC barged into the house and threatened the siblings to kill if they scream out. They kidnapped Rina, raped her one after the other and inhumanly killed her with a knife and ran away. Sarita and Jeendendra went out in search of Rina in the same evening but could not trace her out. In the morning they located the dead body nearby in a wheat field of the village. 

On 23/02/11 a murder case was registered in Kochak police station against the rapist as No. 21/11, u/s 302, 201, 34 IPC, however the provisions of SC/ST PoA Act was not attracted in FIR. The accused persons are not arrested till now. The victim’s family has not received any compensation from the administration.

Legal Standard Breached:

1.       Rape is a criminal offence [sec. 376 IPC r/w. sec. 3(2)(v) SC/ST (PoA) Act].
2.       Procuration of minor girl- Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years any act with intent or knowing that it is likely that she will be forced to illicit intercourse with a person [sec. 366A IPC].
3.       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.
4.       Assault or use of criminal force on a woman with intent to outrage her modesty [sec. 354 IPC].
5.       Being in a position to dominate the will of a woman belonging to a SC/ST with intent to dishonor or outrage her modesty [sec.3 (1)(xi) SC/ST (PoA) Act].
6.       Being in a position to dominate the will of a woman belonging to a SC/ST and uses his position to exploit her sexually to which she would not have otherwise agreed [sec. 3(1)(xii) of the SC/ST (PoA) Act].
7.       Whoever, being a public servant but not being a member of a Scheduled Caste or Scheduled Tribe, willful neglects his/her duties required to be performed by him/her under the Act, is guilty of an offence [sec. 4 SC/ST (PoA) Act].
8.       No person shall be deprived of his/her life or personal liberty except according to procedure established by law (Art. 21 IC-FR and Art. 6 ICCPR).
9.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
10.   General recommendation 19 of CEDAW relates to gender-based violence and recommends amongst other things that states should take all legal and other measures that are necessary to provide effective protection of women against gender-based violence including effective legal measures (including penal sanctions), preventive measures (including public information and education programs) and protective measures. 

Mr. Karatapu Nageswara Rao & Nagamani,  SC Madiga by caste, residents of Regulagadda village, Machavaram Mandal in Guntur District, are wife and husband who eke out living as agricultural laborers. Nageswara Rao has 1.5 acres of land in which he is cultivating red grams crop.  In the same village, one Mr. Jakkula Narasaiah and his family, of Yadava caste, rare sheep as it is the traditional profession of their caste. Twenty days ago prior to the incident, Jakkula Narasayya cut a few plants of the red gram crop in the field of Nageswara Rao. When Nageswara Rao questioned him on this, he replied that, it was just to eat a few red grams. From that time onwards Nageswara Rao observed that, some unknown persons were cutting the red grams and also feeding the sheep in his field. On 16/2/2011 around 11 a.m. Nageswara Rao with his wife went to the field to reap the red gram crop. By the time they reached the field they noticed, Kanakaiah’s sons were feeding the sheep in the field.  Nageswara Rao questioned Kanakaiah’s sons for their blatant act of feeding the sheep and there ensued a fight in which, Kanakaiah’s sons bet both Nageswara Rao and Nagamani.  Nageswara Rao caught hold of a sheep and told about the incident to the caste elders.  Having noticed the injuries, the elders advised to complain to the police.  While Nageswara Rao along with his brothers namely, Koteswararao, and his wife Chilakamma, Lazar and his wife Bagyamma were in the bus stand on the way to police station, Jakkula China Konda, Kanakaiah, Bullamai, Ramana, Gosani Pichayya came with sticks and iron rods and attacked them by abusing in the name of caste.  They chased Nageswara Rao and his brothers shouting, “How dare you register a case on us? Who will come to save you if we kill you now?”  They again attacked in public. When Banavthu Saidulu (lambada) Kancharagutla Narayana (Mangali), Nageswara Rao, Asan Ahmad, Patan Hussen came to the rescue, they escaped.  In the attack, Nageswara Rao had head injury and his brother got his hand injured.  At last Nageswara Rao and others reached Machavaram PS and lodged a complaint. The police sent them for treatment to government hospital at Gurajala, but failed to register a case against Kanakaiah and others.  DSS intervened and ensured the registration of the case on 18/2/2011 in Machavaram PS.

Deceased Harendra Gouda is resident of Vilashpur village under Bhagwanpur police station in Siwan Dist. belongs to Scheduled Tribe community. 

On 11/02/2011, some students from Scheduled caste community, while going in a procession to immerse lord Ganesh, some dominant caste youth obstructed them on the way at Bhikhanpur an adjacent village and did not allow them to proceed a head, because of untochability practice. Hence the students informed the matter to Harendra Gouda over phone, who went instantly to the place and tried to solve the matter. However the irate youth from dominant caste beat him to death.

A criminal case was registered in Bhagwanpur police station on 11/02/2011 against the murderers as  No. 17/11, u/s 147/ 148, 149, 341, 323, 302 IPC & 3(1) (x) of SC/ST (PoA) Act.,  however proper sections of SC/ST (PoA) Act., was not invilked in FIR. The perpetrators are on run now. None of the perpetrator is arrested in this case. The victim has not received any compensation from the administration. Charge sheet is not filed.

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.       Unotuchability has been abolished and its practice in any form is forbidden [Art. 17 IC].
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 (b) the use of… places of public resort maintain wholly or partly out of State funds or dedicated to the use of general public [Art. 15(2)(b) IC].
4.       Whoever on the ground of untouchability” prevents any person from entering any place of public worship which is open to other persons professing the same religion or any section thereof as such person, commits an offence [sec. 3 (a) PCRA].
5.       Any non-SC or ST person who denies or obstructs a member of a Scheduled Caste so as to prevent her/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, commits an offence [sec. 3(1)(xiv) SC/ST (PoA) Act].
6.       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].
7.       Voluntarily causing hurt and assault of member of a person is an offence [sec. 323 & 352 IPC].
8.       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].
9.       Everyone has the right to life, liberty and security of person [Art.3 UDHR, Arts. 21 Indian Constitution and Art. 5(b) CERD].
10.   Freedom of thought, conscience & religion, being the right to profess, practice & propagate religion [Art. 18 ICCPR, Art. 6 (a) Declaration of the General Assembly and Art. 5(d)(vii) CERD].
11.   The Commission on Human Rights urges States \"To ensure, in particular, the right of all persons to worship or assemble in connection with a religion or belief [Art. 4 (d)].