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The village named Khandi falls under the taluka of Chuda of district Surendranagar. The brief fact of this case is as under: That the victim Tejalben d/o Budhabhai belongs to Valmiki Community which is considered as Schedule Case. The victim went for a nature call at around 8.00 o’clock in the night and her family members were having their food. At that time main accused Ravirajsingh Jatubha and Dasaratsingh Merubha came there on bike and forcefully taken the victim. Thereafter all the accused namely Ravirajsingh Jatubhai, Dasaratsingh Merubha, Natubha Vakhatsingh, Rajubha Vakhatsingh, Vinubhai Dahyabhai all residing at Khandia have rape her and abused her.
The victim was threatened by the accused that if she declare and tells anybody regarding the episode they would kill her family members and thereafter at around 3.00 o’clock early in the morning the dropped me at Dhandhuka and all the accused wane away from there. Thereafter the victim to taken to the government hospital at Limdi. Regarding this incident FIR was registered. The statement of the victim under section 164 of code of criminal procedure was recorded.
Victim has 3 acre and 4d land at Navin Cooperative Chira Chaas. Accused wanted to occupy the land and asking the victim to sell the land. But the victim does not want to sell the land so the accused abused the victim and threatened him to sell the land, on the day of the incident they not only abused but beaten the victim.
Legal Standard Breached:
Amritpal Singh (15 years) is from village- Jasseana, tehsil & District- Shri Muktsar Sahib and belongs to Majhabi Sikh caste (Scheduled Caste). He has been working as “siri” and Domestic servant since 2011, for Inderjit Singh who belongs to Jatt Sikh community.
He is also from the same village. At the time of joining the work, he was given an advance of Rs.15000 (Rupees fifteen thousand rupees) which they spent to built their house. The employer fixed his annual wages Rs.28,000 (Rupees twenty eight thousand) for the first year and Rs.30,000 (Rupees thirty thousand ) for the second and third years. He starts his work from 4:00a.m and up till 9:00p.m. The employer is not allowing him to go to his house. On several requests the employer allows him to go to his house after four or five days only for one hour. The employer is providing him three times meals. During the work period he got skin infection on his right foot, he was unable to walk and he could not go to the work. The employer Inderjit Singh and his son Channa Singh came to his house on 13-8-013 around 6:00a.m and abused Amritpal Singh and his family members on caste basis. They threatened to family that if they will not send Amritpal Singh to their work then they will exceed the bonded debt of Rs. 35000 (Thirty five thousand rupees). They had beaten up Amritpal Singh. When family tried to escape their child then the employers threatened them that if they won’t send Amirtpal, then they could also extract their money though polic, and take labour force from family members as well. The employer has not paid the three years wages of Amritpal Singh but to extract the bonded labour and bonded debt, he is harassing to Amri pal’s family.
Our field animator Jaspal Singh has approached to the family and VSJ filed a complaint to the District Magistrate of District Shri Muktsar Sahib by presenting them before the District Magistrate. The case is under consideration.
Darshan Singh S/o Kuda Ram is R/o Village- Teja, tehsil & District- Patiala belongs to “Bazigar” which has been declared as a Scheduled. He was employed by Mahant Jatinder Das, Dera Thandi Ram, Naudha Mishri Mohala, Near Jattan wala Chaunkda, Patiala, District- Patiala and working as a “Siri”(Bonded Labourer). He worked for the employer continuously for 10 years. His wife Jasvir Kaur also worked for the employer for two years to clean cow dung. When Darshan Singh joined the work of the employer he was given Rs. 18000/- as advance amount which he used to bought a new buffalo. The employer fixed his annual wages Rs. 18,000 for the first year.
The employer has taken his thumb impressions on many blank papers as Darshan Singh is an illiterate man and he did not know why the employer has taken his thumb impressions on these papers. Darshan Singh was working from the sunrise to sunset. During the wheat and paddy transplantation season the employer extracted work from him day and night and did not allow him to go to his house when he requested the employer to go to his house then hardly he was allow to go only for one or two hours to eat food in his house. The employer was not allowing him for any weekly rest or overtime. Whenever Darshan Singh falls sick or could not attend the work due to any other urgent work then the employer charged him an fine of Rs.600/- per day and night and adds this amount in the advance amount and charges the interest of 3% per hundred per month on the whole amount. The employer never paid his earn wages whenever Darshan Singh demands his wages from him the employer gives him only Rs. 1000 or 1500 per month. Darshan Singh’s wife was managing the household expenses. The employer stopped to give any expenses to Darshan Singh and he was facing starvation. He demanded his wages from the employer but he refused to pay that and imposed an amount of Rs.1, 00,000/- on him as an debt advance. The employer was threatening Darshan Singh that if he will not pay the bonded debt or will leave the work he will hand him over to police and will extract bonded debt from him with the help of police. Darshan Singh approached to VSJ for help and the complaint for his release and rehabilitation was sent to District Magistrate, Patiala on dated 27-7-013 through Registered post. Darshan Singh is physically free but no action has been taken against the employer to extract the bonded labour and bonded debt from him.
Angrej Singh S/o Balwant Singh, Age-25 is R/o Village- Kaliya Sakatra, tehsil- Patti, District- Tarn Taran.He belongs to Majhabi Sikh caste which has been declared as a scheduled caste by the State Government of Punjab. 4 years back in year 2009, he was working as a “Siri” with Kala Singh S/o Bhagail Singh R/o village- Village- Kaliya Sakatra, tehsil- Patti, District- Tarn Taran who belongs to caste “Jatt Sikh”.
sBefore the joining of Kala Singh’s work Angrej Singh was working as a “Siri” (bonded labourer) with Gurbhej Singh S/o Joginder Singh who is also from village- Kaliya Sakatra , tehsil- Patti, District- Tarn Taran and belongs to “Jat Sikh” caste. For Gurbhej Singh he worked for six months and Gurbhej Singh imposed a amount of Rs.8000 (Eight thousand rupees) on him. To repay the bonded debt of Gurbhej Singh, Angrej Singh joined the work of Kala Singh and Kala Singh promised him that he will gave him money to repay the bonded debt of Gurbhej Singh but he extract work from him continuously five months but he never paid him any wages. Gurbhej Singh was demanding the bonded debt from Angrej Singh and his family and to extract the bonded debt he was visiting to their house continuously. The family was helpless so they borrowed the money from another person. Angrej Singh’s mother borrowed Rs.8000 (Eight thousand rupees) from village- Naushehera from a person with the help of her sister and repaid the bonded debt of Gurbhej Singh.After five months work Kala Singh gave only Rs.4000 (Four thousand rupees) to Angrej Singh as his wages. Kala Singh fixed his wages Rs.22, 000 (Two thousand rupees) per annum. Kala Singh was providing three times meals to Angrej Singh.Whenever Angrej Singh absence from the work due sickness or any urgent work then Kala Singh charge a fine of Rs.400/- per day and night and add this amount in the advance amount and imposed a interest according to his wish. Angrej Singh was working for day and night for Kala Singh but he was not allowed to come to his house as his house was in the same village. When he requests many times to Kala Singh that wants to meet his family members he wants to go to his house then hardly after 7-8 days Kala Singh allows him to go his house only for one night. During the work period whenever Angrej Singh demanded his wages Kala Singh gave him only Rs. 100/- or Rs.50/- after ten days.
The other members of his family were maintaining the household expenses. In this way Kala Singh never paid his earned wages. Kala Singh never allowed Angrej Singh for any weekly rest or over time.
One day during the work Angrej Singh demanded his wages from Kala Singh then Kala Singh, his Sons Manjit Singh, Ranjit Singh and Kulwant Singh S/o Mohinder Singh from the same village beaten him mercilessly with sticks in front of his father Balwant Singh. As Angrej Singh was beaten mercilessly by Kala Singh and his fellows he was unable to do work. But instead of his injuries Kala Singh extract work from him. Kala Singh was threatening him that if he will not work for him he will have to pay Rs. 20,000 (Rupees ten thousand) to him otherwise he will kill him. So due to the fear of Kala Singh, Angrej Singh was helpless to leave his house and village. But Kala Singh started to harass his family members and imposed a debt amount of Rs. 20,000 (Twenty thousand rupees) on them. As Kala Singh was harassing the family. Angrej Singh’s father Balwant Singh start to work as a “Siri” (Bonded labourer) with Ranjit Singh S/o Gurnam Singh, village- Kalia Sakatra, tehsil- Patti, District- Tarn Taran. Ranjit Singh gave an advance of Rs.20,000 (Twenty thousand rupees) to Balwant Singh which he used to repay the bonded debt of Kala Singh. Balwant Singh worked for Ranjit Singh for one year. After extracting the bonded debt from the family Kala Singh does not stopped to harass the family of Angrej Singh. As on 3rd May 2013 there were the elections of Panchayats. Kala Singh pressurized the family to give their votes in his favour for the village Sarpanch. Kala Singh was not elected as a Sarpanch. He got angry with the family and said that as they have not gave their votes in his favour and he could not win and he will not apologies them for this. Now Kala Singh is demanding Rs.10,00,00 (Rupees one lakh) more from the family of Angrej Singh. Due to the fear of Kala Singh from last four years Angrej Singh is living outside and again working outside. Now Kala Singh is harassing the father of Angrej Singh and the family and demanding the bonded debt again and is threatening that if they will not pay him the bonded debt they have to vacate their residential house up till 23rd August 2013 otherwise he will forcibly took the possession of their residential house. Due to the fear of Kala Singh, Angrej Singh’s father Balwant Singh has also left his house and living outside. Kala Singh is coming to Angrej Singh’s house on daily basis and abusing on caste basis and threatening that if they will not pay the bonded debt he will hand them over to police and will implicate them in a false case. Due to the fear of Kala Singh the lives and liberty of Angrej Singh, Balwant Singh and the other family members is in danger.