Brief Details of the Incident:

Juttiga Kumari d/o Subba Rao, SC Madiga by caste is the resident of Dammenu village in Undurajuvaram mandal of West Godavari district. Kumari lost her mother and her father being old, she was working on daily wages in the spinning mill at Chivatam a nearby village.

Dommeti Srinu (23) a resident of Vijayawada has deserted his first wife and married the girl of Dammenu village and who happens to be staying in front of Kumari’s house. Srinu works in a wine shop at Vijayawada. Srinu is the uncle of Krishnaveni who is the friend of Kumari.

Srinu came into touch with Kumari and lured her with his false promise of love. On 10^th November 2010 around 8am Srinu followed Kumari while she was going to the spinning mill and has managed to bring her out of the mill. He took her to Tanuku bus stand and made her to get into Vijayawada bus and asked her to wait in the Vijayawada bus stand until he reaches there. Srinu went back to his in-laws house, took his wife and reached Vijayawada by train, dropped his wife at their house and later reached bus stand. He picked up Kumari who was already waiting there for him, took her to the house of Lakshmi in Gunadala. Kumari was made to stay in the house of Lakshmi. Srinu used to come there regularly and exploit Kumari sexually.

After four days Srinu having come to know that a complaint has been lodged and he was suspected, he handed over Kumari to Saidulu stating that he has sold her to Saidulu. As Kumari denied, they both beat her up, threatened her of dire consequences and Saidulu took her away. Saidulu is a resident of Ravulapenta near Nakarikel in Nalgonda district. Saidulu brought Kumari to Nakarikel and he too exploited her sexually. On the night of 12^th June, Kumari escaped and came to her village and informed to her father about the facts of her missing. She was taken to the police station by the caste elders. A case has already been registered in Undurajuvaram PS based on the complaint given by her father bearing Cr No-124/2010 U/s girl missing and later altered based on the statement given by Kumari on 15^th June 2011, to Sections 417, 366(A), 376 of IPC & 3(1)(XII) of SC/ST (PoA) Act. 

M. Chinnakannu (46), resident of Sittapoondi village, Gingee Taluk, Villupuram district, belongs to Dalit Paraiyar community. He is a daily wage labour. Prior to his death, Perumal worked in the agricultural field of Govindasamy, belongs to dominant caste hindu Vanniyar community. As Govindasamy have not paid the wage, Chinnakannu went to his house to collect the wage. On seeing Chinnakannu, Anjaalatchi scolded her husaband saying, “why you are dealing with parayas, and allowing them to come to the house”. Hearing this, Chinnakannu raised objection to this. Infuriated and intolerant Anjaalatchi, verbally abused Chinnakannu saying, “how dare you paraya speak against us” saying so she beaten Chinnakannu with the groomstick. In retaliation, Chinnakannu slapped her with his slipper. Being humiliated by this incident, both Govindasamy and Anjaalatchi never disclosed this episode to anyone. Chinnakannu also remain silent about this incident. Govindasamy who used to electrocute his fence during the night time to guard his land from pigs, failed to switchoff the electrocution knowing that Chinnakannu will use his well after defecation. On 05/11/2010, 5am as usual, Chinnakannu went to defecation and used the Govindasamy’s well for washing. But he was electrocuted, fell inside the well and died. Later his body was taken for post mortem and buried. Later a case was filed and murder sections were invoked. The police failed to arrest the perpetrators. Later this was case comproised between the victim family and that of Govindasamy.

Legal Standard Breached:

1.       Whoever causes the death of any person by doing any rash or negligent act not
   amounting to culpable homicide, shall be punished with imprisonment of either
   description for a term which may extend to two years, or with fine, or with both.[Sec. 304A of IPC].
2.       Whoever  causes  grievous  hurt  to  any  person  to  doing  any  act  so  rashly  or
   negligently as to endanger human life, or the personal safety of others, shall be
   punished with imprisonment of either description for a term which may extend to
   two years, or with fine which may extend to one thousand rupees, or with both. [Sec. 338 of IPC].
3.       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].
4.       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).
5.       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].
6.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
7.       No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

Thirumalaisamy (29) belonging to dalit Arunthathiyar community, is a resident of Thaerpatti Village, Tarapuram Taluk, Tirupur District. He is working as a Mason. On 05/11/2010, while he was herding his goats in the nearby field, one Senthil belonging to caste Hindu Kounder community, who along with his friends drinking alcohol and playing cards, shouted at him saying, “how dare a sakkili wore a dhothi showing his thighs, in the presence of us”. He verbally abused him and referred derogatory regarding caste. Thirumalaisamy objected the verbal abuse and replied that he is comfortable with this type of wearing. Hence infuriated and intolerant Senthil assaulted Thirumalaisamy. When Thirumalasamy retaliate against the attack, A. Muthurathinam, M. Muthurathinam, V. Arunachalam, Nathchimuthu and Subbu, all 6 joined Senthil and brutally assaulted him.

Then again around 20 caste hindus in the neighbourhood gathered together under former Panchayat President and AIADMK Secretary Mr. Palanisamy, started attacking the Dalits in the colony with the deadly weapons. They vandalized the Thirumalasamy’s house destroying Table Fan, windows, and doors. Kala (28) was sexually assaulted by the perpetrators. Balan, Murugan, Kattammal (55) and other Dalits, who came to the rescue of Kala were also brutally assaulted. When the injured victims called the ambulance emergency number 108 to get treatment, the perpetrators stopped the ambulance on the way and lied that they were attacked by dalits and reached the hospital. They lodged a false complaint against the victims. The injured victims Kattammal, Bala and Murugan were admitted in the hospital on 05/11/2010 and were receiving treatment until 08/11/2010.

Thirumalaisamy who was severely injured was not given proper medical treatment. When he approached the Lingyam Police Station, Mr. Rasu threatened him. Sub Inspector of Tarapuram Police Station, chased away the victims when they tried to lodge a complaint against the perpetrators. 

Both the accused and victim lives in the Railway quarter and the accused called the victim as Harijan and branded as untouchable

Legal Standard Breached:

1.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
2.       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.