Case in Brief:

Savarapu Lavanya (11), SC Madiga by caste, is the daughter of Savarapu Dasu and Prema Kumari of Cheyyeru, Nethajinagar, Katrenikona Mandal, E.G.District.  Savarapu Dasu had four children and Lavanya is the eldest child in the family. Lavanya is studying 6^th class in Gurukula Patasala in Godi, Allavaram Mandal. Lavanya came home for Christmas holidays in the month of December. On 28/12/2010 around 4 pm she went to the ration shop which was in 1^st ward.   On the way to ration shop she has to cross Hussen’s house.

Mirja Sabher Hussen is married and had two children. On the date of incident Hussen has seen Lavanya coming to the ration shop, he called her and said he will give guavas to her from his tree.  But Lavanya did not evince interest for the guavas; he forcibly took her to his house and told to wait until he plucked the guava fruit from the tree.  But, Lavanya started going out without waiting, and then he told her to go to the bed room where he kept some guavas which he plucked in the morning. But Lavanya did not go to the bed room. Hussen forcibly took Lavanya to the bed room and made her to sit on the bed. He pinched Lavanya’s cheeks and spoke vulgar words to her. Lavanya got frightened and shouted and ran away from the house. She informed her mother what had happened. Lavanya’s mother took her to Hussen’s father and told about his son’s misbehavior. But Hussen’s father did not respond properly and in turn abused Lavanya and her mother.  Lavanya’s mother came from Hussen’s house and met the caste elders of the village. Caste elders advised her to lodge a complaint in the police station. But police have not registered the complaint and made her to come to the police station several times. With the intervention of DSS a case has been registered U/s 3(1)(XI) of SC/ST(POA) Act, 354 of IPC in Katrenikona PS on 30/12/2010.

Srinivasa Perumal, belongs to Dalit community, is a resident of Periyakkattupalayam, Panrutti Taluk, Cuddalore District. His house is located close to the dominant caste hindu area.  Kalaimani, panchayat leader land is next to his house, drinking water tank used by the dominant caste people is located near to his house. Hence the dominant caste people developed aversion about his residence in their area. Kalaimani wants to drive him out of this place. Thus Ramakrishnan, brother of Kalaimani and Mayavel were plotting an attack on Srinivasa perumal.

On 28/12/2010, Mayavel and Ramakrishnan, assaulted Srinivasa Perumal and his mother, in public view. Then the village people ostracized Srivasa Perumal’s family from entering the village. Srinivasa Perumal lodged a complaint in the Kamampuliur Police Station. But the police were negligent to take action against the perpetrators. Since Nellikuppam MLA Mr. S. Rajendran was in support of the perpetrators, police were hesitant to take action on the complaint. Srinivasa Perumal’s house is nearly two kilometers away from the dalit area, he is finding difficult to protect the safety and security of his family.  

Dhandapani, Kandiyannan, Arumugam, Rangasamy, Karnan, Pitchaikaran and Paramasivam, are residents of Thalavaipattinam, Tarapuram Taluk, Tiruppur District. They belongs to Dalit community. Under TN Govt Land Ceiling Act, Tarapuram Revenue department acquired 19 acres of land from Rangasamy Kounder, resident of Thalavaipattinam. Since Rangasamy occupied government poromboke land and registered under his name, government acquired those lands and distributed those lands to 7 dalit families at 1.10 acre each. Under the land distribution scheme, Dhandapani, Kandiyannan, Arumugam, Rangasamy, Karnan, Pitchaikaran and Paramasivam were selected as beneficiaries. But Rangasamy filed a appeal with the highcourt against the government move and threatened to kill the dalits if they try to acquire the lands. As the high court upheld the government decision, Rangasamy illegally sold the lands to some other influential persons, jeopardizing the land rights of the above mentioned dalits.

Later the Dalits with the help of pro Dalit political parties and solidarity groups, constructed huts and thatched houses in the government allotted lands. On 19/12/2010, Rangasamy and other caste hindus who bought the lands from Rangasamy, ransacked the dalit houses and destroyed their properties. Dalits were brutally assaulted and were verbally abused by Rangasamy and the caste hindu mob. Police and Revenue department reached the place of incident and brought the situation under control. Later the lands were distributed to the dalit beneficiaries.

Legal Standard Breached:

1.       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). 
2.       Whoever wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred; 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)(iv) of PoA Act].
3.       Whoever wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water; 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)(v) of PoA Act].
4.       Whoever cheats and thereby dishonestly induces the person deceived to deliver
   any property to any person, or to make, alter or destroy the whole or any part of a
   valuable security, or anything which is signed or sealed, and which is capable of
   being converted into a valuable security, shall be punished with imprisonment of
   either description for a term which may extend to seven years, and shall also be
   liable to fine. [Sec. 420 of IPC].
5.       Whoever forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence, 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)(xv) of PoA  Act].
6.       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).
7.       Whoever denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent 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; - - 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)(xiv) SC/ST PoA Act).
8.       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].
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].

Pasuvapatti village is in Chennimalai Panchayat, Perundurai Taluk, Erode district. Thiruvalluvar Nagar of Pasuvapatti is home to around 130 Arunthathiyar family. Thiruvalluvar nagar dalits were denied burial path by the caste hindu Nadar community people. Hence Dalits staged a protest and got the government approval to use the burial path. Hence on 28/09/2010, intolerant caste hindu mob attacked the dalits and destroyed the Adi Tamilar Name board. Regarding this case, dalits lodged a complaint against Ice Murugan belongs to Nadar community. But the police were negligent to arrest the perpetrator. Being emboldened by this police negligence, Ice Murugan decided to take revenge on Dalits.

On 10/12/2010, Ice Murugan lit fire and arsoned two dalit houses belonging to Sarojal and Palanisamy. But the people considered this as an accident. On 11/12/2010, while Devaraj, resident of Pasuvapatti and belongs to dalit community,  was standing near the main street, Ice Murugan who was drunken state, verbally abused Devaraj referring derogatory regarding caste name. He abused him saying.” you sakkili prostitutes filed a complaint against me, but nothing happened”. you sakkilis can’t do anything and even yesterday I arsoned the houses and you sakkilis can’t do anything regarding this”. When Devaraj raised objection to this abuse, Ice Murugan kicked him down and assaulted him. Dalits of the village, on noticing this assault, came to the rescue of Devaraj. Ice Murugan escaped from the place of incident. Later Devaraj and other Dalits filed a complaint with the Sennimalai Police station regarding the assault and the house arson case. Ice Murugan was arrested and interim compensation of Rs.6250 was provided to Devaraj.

Legal Standard Breached:

1.       Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. [Sec. 148 of IPC].
2.       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).
3.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC
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.       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).
6.       Whoever wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred; 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)(iv) of PoA Act].
7.       Whoever wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water; 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)(v) of 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.       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].
10.   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].
11.   Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
12.   No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

Niranjan Manjhi s/o Prakash Manjhi Narayanpur village under Tarapur police station in Munger Dist., belongs to Musahar (SC) caste. Niranjan is a daily wage labourer.

On 10/012/2010, Anil Singh, Sunil Singh, Amit Singh sons of Gobordh Prasad Singh belonging to dominant caste group from the same village asked Niranjan to work in their field but during the time he was pre-engaged in the field of a landlord Umesh Singh of the village, so Niranjan told them his inability to attend their work. Thus, the accused persons annoyed with his statement dragged him out and brutally beat him with lathis. The accused persons also abused victim’s mother and wife when they intervened in the attack. The attack resulted in fracturing of victim’s head. The victim was admitted in a P.M.C.H. After a long stay in the hospital he was discharged.             

After the discharged, the victim lodged complaint in Tarapur police station; however the police did not register FIR.  After 15 days of struggle the case was registered on 25/12/2010, as No. 44/10, u/s 341, 325, 504, 34 IPC & 3(1)(x) SC/ST (PoA) Act., but the perpetrator were not arrested. Though the Superintendent of police issued a notice for immediate arrest of accused persons and suspension of the concerned S.H.O of Bath police station for the derogation of duty, neither of the action was executed. Charge sheet is not filed. The victim has not received any compensation from the administration.