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Pushpagiri village is part of Santhaivaasal Panchayat , Polur Taluk, Thiruvannamalai district. On 8th July 2014, Dalits of this village were subjected to brutal atrocity by the Caste Hindu Vanniyars. To add to the woes, Police have arrested the innocent Dalits victims on the false complaint given by the perpetrators. SASY have done a fact finding in Pushpagiri village regarding this atrocity and collected relevant informations and Datas. Hereby we are submitting a petition seeking justice for the victims of this atrocity.
False Accusation of Making Toddy and Custodial torture of Elango belonging to
Elango (41) s/o Aegambaram, resident of Anthur village, Tindivanam Taluk, Villupuram district, belongs to Dalit Paraiyar community. He and his wife Lakshmi (35) are daily wage labourers. One year back, Elango used to make Toddy. But he stopped making toddy due to the strict warnings and advises of the Brahmadesam Police station officials. He is also a member of the political party named Viduthalai Chiruthaihal Katchi (VCK). He has two sons namely Vignesh (20) and Dinesh (18).
On 26/01/2014, around 2 am while Elango, his wife and his son Dinesh were asleep in their house, 5 Brahmadesam Police officials came to his house and knocked the door. When he and his wife opened the door, Police Aathimulam, told that they received information that he was making toddy (liquor) in his land. Elango denied the charge and said that he stopped making toddy for the last one year, as he received strict prohibitory warnings from the Police department. Elango again told, for your confirmation you can come and see the place, if you find me guilty, you can register case against me. The Police agreed to the plan. Elango wore his shirt and he boarded the police vehicle to show them the direction to his agricultural field. Instead of taking him to his agricultural field, the police men drove him to the police station. When Elango asked them to drive to vehicle to his field, Athimulam kicked him and told him to meet the Inspector in the police station. Fearing further assault, Elango remained silent. On reaching the police station, they asked Elango to sleep at the station jail.
On around 6 am, Inspector Senthil Kumar woke Elango by kicking him, saying getup you bugger, how dare you sleep at the police station? On confirming his name, Inspector Senthil said, you won’t learn your lessons unless you are beaten with the lathi. He asked Aathimulam to bring a lathi. Again he enquired Elango whether he is associated with VCK Political party. When Elango told he is a member of the VCK party, Inspector started beating him on his knees. When he screamed due to pain, Senthil again beaten him saying, you paraiya son of prostitute! Are you calling you party members? No one can do nothing to him, they can’t even pluck my hair. He again started beating him over his thighs, knees and hands. Elango objected to this assault, denying those false charges. Inspector Senthil asked him to shut his mouth and said that he will bring Ganja from his home town Vellore and keep those Ganjas in his house and implicate and make him to be imprisoned forever for Ganja selling charges. Inspector again beaten him over his hands. He boastfully said that, while I was working in Thiruvannamalai, I brutally assaulted one tribal youth. Many Dalit activists staged protests and procession seeking action against me, but nothing happened to me. They can’t even pull a single hair of me. What you could do to me? Again he has beaten Elango with the lathi over his hips and legs.
Elango was charged under FIR No. 37/2014 u/s 4(1-A), 4(1)(a) of TNP Act, 1937. Around 7.30 am Elango’s brother Bharathi came to the police station and enquired the police that, Why you have beaten my brother? He is not selling arrack. Why you arrested him in the midnight? Inspector Senthil replied that Since Elango committed a crime, we have beaten him. Inspector warned Bharathi that he can’t speak like this in the police station. Bharathi told that he will refer this atrocity to the Deputy Superintendent of Police. As soon as Bharathi left the station Inspector Senthil again beaten Elango in his thighs. By 8 am Police men brought breakfast for Elango. When Elango told that he would like to brush the teeth, Inspector asked whether your party leader Thol. Thirumavalavan is brushing his teeth regularly? He kicked him with his shoes saying you won’t die if you have breakfast without brushing the teeth. What your brother will do to me? Paraiyas are good at rearing goats and buffaloes. How dare your brother will argue with sitting on par with me? Inspector threatened him saying, if you disobey my words, I will shoot you to death alleging that I shot you as you tried to escape. Fearing further retribution, Elango ate the breakfast.
Around 9 pm, When Elango complained about severe pain in the hands due to the beatings, he was taken to the Tindivanam Government Hospital. In the hospital the doctors have not enquired about his health and have not provided any medicine for the pain. When Elango complained about the pain to the doctor, the doctor ignored and said there is nothing to worry. Then Inspector Senthil took him to the Judicial Magistrate and threatened him that you should remain silent. If the Judge enquired about the case, you should say that this is regarding Ganja case. Inpector Senthil threatened him saying that, If you say to the Judge that I (Inspector Senthil) have beaten you, then I will ensure that you will remain in the jail by filing grave false cases against you. Elango had a plan to tell the truth that he has no connection with the Ganja case. But Inspector Senthil himself spoke to the Judge and then imprisoned him in the Tindivanam Sub Jail. When the Jail warden told the Inspector about the Injury and pain of Elango, the Inspector asked him to provide some tablets.
1. When Elangovan was asleep in his house, 5 Police men from the Brahmadesam Police station arrested him without any warrant making false allegation of selling arracks. They took him to the police station at midnight 2am on 26/01/2014.
2. Elangovan was remanded in police custody and was verbally and physically abused. He was not allowed to attend the natural call and was abused for seeking permission to brush his teeth. He was subject to severe beatings with a lathi. He was denied proper medical treatment and assistance.
3. VCK political party leader Thol. Thirumavalavan was referred derogatory who was held respectful by the Dalit community.
4. Elangovan was not given permission to present himself before the Judge and to express his stand on the accused case. Inspector threatened Elangovan not to reveal this torture to the Judge and threatened him that he will file false cases against him and put him behind bars forever. Elangovan’s security is under threat.
1. Law and order department should revoke the charges filed under FIR No. 37/2014 u/s 4(1-A) and 4(1)(a) of TNP Act, 1937, against Elangovan.
2. Police department should order for an enquiry by an officer of the rank of Deputy Superintendent of Police into the wrongful allegations and accusations; illegal arrest and custodial torture of Elangovan belongs to Dalit Community.
3. Inspector Senthil and Constable Athimulam who were involved in this abuse of power and who subjected Elangovan to physical and mental torture at the police station, should be implicated for the abuse of power and should be suspended from the service.
4. Monetory compensation and legal counseling should be provided to Elangovan as per the provisions of the SC/ST PoA Act, 1989.
5. District administration and the police department should ensure provision of protection to Elangovan and his family members from any harm from Inspector Senthil and Constable Aathimulam.
Dalit girl child Vinitha (17) D/o Ponnusamy, reside at Pichampatti, Kovakulam post, Krishnarayapuram taluk of Karur district. She was completed 12th standard and applied for further studies. Since she was worked as a daily laborer in V.K.A mosquito net making company at PIchampatti during summer holidays. On 23.06.2014 she was returned from sithalavali to her home by cycle. During that time she was raped and murdered by Vadivel at Muniyappan agricultural field in Krishnarayapuram of Coimbatore District.
Brutal Mob Attack, Untouchability Practice & Social Boycott on Irula Tribal Family, and Negligence, Bias & Dereliction of duty by Police Officials in Vadakollai village of Villupuram
Vadakollai village, Nehanur panchayat, Gingee taluk, Villupuram district is home to only one Irula family (Janakiammal family), 240 Dalit families and nearly 1100 caste Hindu Vanniyar families and some caste Hindu Kounder families. Untouchability practice is still prevalent in this village. Double tumbler system is practiced in this tea shop of K. Elumalai (father of Srinivasan). In this tea shop, Dalits were given in a seprate glasses and they have wash their tea glasses on their own. During funeral procession Dalits were not allowed to throw flowers and garlands while going through the caste Hindu residential area. The Nehanur Panchayat President himself boastfully acknowledges the untouchability practice prevalent in this village.
PREVIOUS ATROCITIES AND PROLONGED STRUGGLE:
Janakiammal family, the only Irula family in the village, experienced discriminations and subjected to un-touchability practice and humiliations for a long time. During the DMK government they were given 3 cents of housing land in the village. Their neighbor Srinivasan s/o Elumalai, on multiple occasions abused and threatened them to vacate the premises. In 2002, Janakiammal went to agricultural work in a field, alongside Saroja, belongs to caste Hindu Vanniyar community. Saroja who could not tolerate that Janakiammal working next to her, verbally abused her referring derogatory regarding caste name, saying, Irula prostitute, who dare you work next to me? Janakiammal objected to this abuse and told that she has no right raise objection other than the owner of the land. Saroja, who could not tolerate the assertion of a tribal woman, verbally abused her, saying, you Irula dog! how dare you question me? Having said so she dragged Janakiammal by her hair and assaulted her. Janakammal lodged a complaint with the Valathi Police station and a case was filed against Saroja. But the caste Hindu Kounder community members threatened Janakiammal that her son will implicated under murder charge and will be imprisoned and his education & career will be under jeopardy. Due to fear and intimidation Janakiammal withdrew the complaint. Janakiammal’s neighbor Mahalakshmi, w/o Srinivasan indulged in character assassination of Janakiammal by spreading baseless and false rumours in the village about the chastity and sexuality about Janakiammal. Many times Mahalakshmi spread false rumor projecting Janakiammal as a thief and immoral woman. Mahalaksmi and her husband very often quarreled with Janakiammal and Ramachandiran to vacate the premises.
Mrs. Janakiammal (41) w/o Ramachandiran, resident of Vadakollai village, Nehanur panchayat, Gingee taluk, Villupuram district – belongs to Irula Tribal community. Jannakiammal, a mother of two sons namely Vijayan (27) and Murugan (25), was subject to untouchability practice, character assassination and baseless accusations by the neighbor namely Mahalakshmi (30) w/o Srinivasan, belongs to dominant caste Hindu Vanniyar community.
On 05/06/2014 around 2 pm while Mrs. Janakiammal, was returning to home after work, she was stopped by one Parimala w/o Shankar. Parimala, enquired Janakiammal whether she plucked lemons from her garden? Janakiammal denied this accusation and asked who made this false accusation. Parimala replied that Mahalakshmi told this to her. Janakiammal on returning home, she called Mahalakshmi and asked why she is making such false accusations and spreading rumors assassinating her character. On hearing this, Mahalakshmi verbally abused Janakiammal referring derogatory regarding caste, saying you Irula prostitute, how dare you question me. Malar mother-in-law of Mahalakshmi pacified Janakiammal and asked her to go home.
On the same day evening around 5pm, Mahalakshmi told her husband Srinivasan that Janakiammal verbally abused her. When Janakiammal and her son Vijayan, were returning home along with their cows, Srinivasan verbally abused Janakiammal saying, you Irula prostitute how dare you question my wife? You are only one family you should abide by our dictum. When Vijayan objected to this, Srinivasan abused him saying, you son of Irula prostitute how dare you question me? Saying so he kicked on the back of Vijayan and as he collapsed to the ground, Srivasan tried to strangulate him by pressing over his neck with his leg. On seeing this Janakiammal, came to his son’s rescue. Srinivasan abused her saying, you prostitute of the village, why you questioned my wife and slapped her. Hearing this, Ramachandran (Janakiammal’s husband) came to their rescue. Ramachandiran witnessed Srinivasan lowering his underpants and showing his sex organ at Janakiammal saying, I will fuck you at this very place. Ramachandiran was also assaulted by Srinivasan. Then Janakiammal, Ramachandira and Vijayan to avoid further conflict, kept calm and went inside their house.
Following this episode, Mahalakshmi informed about this fight to her parents and relatives. Around 7 pm, father of Mahalakshmi (Tailor Nallathambi), her brothers and 6 others, who were residing in Periya Aharam, Gingee, came to Mahalakshmi’s house. Nallathambi verbally abused Janakiammal’s family saying, how you one Irula family trying to be assertive among our majority community (Vanniyars/Kounders)? Nallathambi shouted saying, bring the Irulas out of their house. When Ramachandiran and Vijayan came out of the house, Nallathambi threatened them that they will not allow Ramachandiran to run the mobile vegetable shop in Gingee. The mob ordered them to remove their hut and to go somewhere else. The mob torn the hands and legs of Vijayan with a knife. Janakiammal and Ramachandiran came to his rescue. The mob brutally assaulted Ramachandiran and Janakiammal with wooden logs. Srinivasan slapped Janakiammal, who fell in the road and collapsed. The mob ransacked the roof of the hut and this atrocity sustained for nearly for an hour, but no one came to their rescue.
Later Ramachandiran called 108 ambulance service, who told that they will come after an hour. The ambulance reached around 9.30 pm, Janakiammal who remained unconscious since the attack, Vijayan and Ramachandiran were taken to the Gingee Government Hospital.
On 06/06/2014, 10.30 am a police man came to the hospital and got the statement from Janakiammal and Vijayan. But the police man has not written the statement as given by Janakiammal. When he read out the statement, Janakiammal objected to it. The affidavit given by Janakiammal was manipulated and reduced as a petty quarrel, but the police man compelled them to sign the statement. Fearing not to have any conflict with the police department, Janakiammal signed the statement. On the same day, around 4 pm, Ramachandiran went to the Valathi Police Station and lodged a complaint regarding this atrocity. Since then, caste Hindu elders of the village are exerting pressure on the Irula family to withdraw the complaint, without even asking the perpetrators to apologize for the assault. But Ramachandiran and Janakiammal refused to withdraw the complaint.
After some days, since the Deputy Superintendent of Police called Ramachandiran’s family for the enquiry, they when to the DSP office. During the enquiry, the DSP found to be biased in favor of the perpetrators. The DSP threatened them that he will file cases if they refuse to withdraw the complaint. He exerted pressure on the family, saying that if their son Vijayan is implicated under legal case, he career would be in jeopardy. But Janakiammal, Ramachandiran and Vijayan stood by their decision and refused to withdraw the complaint. The victims questioned the DSP, saying people from another village came to our house and brutally assaulted us and ransacked our house, why don’t you question them? After delaying for five days, on 11/06/2014, the filed an FIR against the perpetrators under FIR No. 141/14 u/s 147, 294(b), 323, 506(ii) of IPC r/w 3(1)(r), 3(1)(s) of PoA Amendment Ordinance, 2014.
The caste Hindu Vanniyar elders exerted pressure on the police to file a case against the victims of this Irula family. Hence the Valathi Police station filed a case against the victims based on the complaint given by Srinivasan under FIR No. 142/14 u/s 147, 294(b), 323, 506(ii) of IPC. As Janakiammal and her family, refused to withdraw the complaint, the caste Hindu Vanniyars and Kounders boycotted the family and objected the family members to grace their cows on the open filed belongs to caste Hindus. Now the victims of this brutal atrocity are also charged under false counter case and the three victims have got bail and appearing before the Valathi Police station twice a day.
1. Janakiammal family being a only one Irula family living in the village, were subject to humiliations, discriminations, verbal abuse, character assassination for a long time. The assertiveness in scorned by the caste Hindus residing in the village.
2. Janakiammal and her family members were subject to this brutal assault and humiliations as Janakiammal objected to the false accusations and rumors spread by Mahalakshmi and her husband.
3. Untouchabilty practice and discrimination is widely practiced in this village and the Panchayat President himself acknowledged the prevalence of such practice.
4. Janakiammal lodged a complaint regarding atrocity in the year 2002, but she withdrawn the complaint due to fear of career prospectus of her son and due to intimidation by the caste Hindu community in the village.
5. The police officials were found to be negligent and biased in favor of the dominant caste Hindu Vanniyars and Kounders. The DSP himself threatened the family to withdraw the complaint.
6. The statement given by Janakiammal was ignored and the police reduced the crime into a petty quarrel to dilute the case and enabled the perpetrators to escape from harsh punishments.
7. The FIR registration was delayed enabling the village elders to exert pressure on the victim family to withdraw the complaint. When the victims refused to withdraw the complaint, the Valathi Police station entertained the false counter complaint given by Srinivasan and filed a false case against the Janakiammal, Ramachandiran and Vijayan.
1. The district administration should provide immediate relief and rehabilitation to the victims of atrocities and should provide security and protection to this vulnerable family.
2. Medical treatment should be provided to Janakiammal and Vijayan who sustained serious injury in this atrocity.
3. The Deputy Superintendent of Police and other police officials who threatened the victims of the atrocity to withdraw the complaint and who failed to arrest the accused - should be implicated under the appropriate sections of the PoA Amendment Ordinance, 2014 such as 4(2)(a) and 4(2)(b).
4. The perpetrators of the atrocity should be arrested immediately and collective fine should be imposed on the villagers who threatened the victims to withdraw the complaint under section 16 of the PoA Amendment Ordinance, 2014.
5. Appropriate sections of the PoA Ordinance such as 3(1)(g), 3(1)(p), 3(1)(q), 3(1)(w)(ii), 3(1)(y), 3(1)z), 3(1)(za)(a) and 3(1)(zc) should be invoked in this atrocity.
6. The District Administration should provide a concrete house under the Tamil Nadu Government Green House Scheme, considering the eligibility and abject condition of the victims.
P. Seetha (28) D/o Panchanathan, resident of Aathaivarahanatham Village, Cuddalore District, belongs to Dalit community and Saravanan (29), resident of Chellapillaiyar Kovil street of keerapalayam, Cuddalore District, belongs to Caste Hindu Aasari (Vishwakarma) Community, were in love for the last one year.
Saravanan promised to marry her and developed sexual relationship with Sheetha. The bride later denied to marry her since his family opposed their marriage proposal as she belongs to untouchable community. Inspite of family opposition they registered their marriage on 05.05.2014 at Cuddalore Sub Register Office due to persistent compulsion from Sheetha. Later Sheetha complained about the physical abuse by Saravanan and his family members. In the midst Sheetha went missing since 03.06.2014. When Sheetha\'s parents enquired the where abouts of Sheetha, the boy\'s family have not responded positively. Hence on 08.07.2014, Sheetha\'s father lodged a complaint at Bhuvanagiri police station. Following the police complaint, on 15.07.2014, Saravanan appeared before the Panrutti Judicial Magistrate. After due investigation, he confessed that on 17.05.2014 he along with his mother Selvi, Sister and her husband Vengatesan, brutally assaulted her, set ablaze her and buried her at Kadavacherri are of Cuddalore District.
1. We demand the District Suprintendent of Police to immediately arrest all the accused who have been involved in this brutal honour killing of Dalit woman and register the case under section 3(2)(V) of SC/ST POA Amendment Ordinance,2014, 302, 376 of IPC.
2. We demand comprehensive autopsy should conducted by expert doctor\'s team, in which two of such members should belongs to Dalit community. The Autopsy should be video graphed and well documented.
3. We demand the Magistrate of Cuddalore district to pay compensation and other monetary relief to the family members of deceased and provide government job to the family member of the deceased under the provision of the SC/ST PoA Amendment Ordinance, 2014.
4. We strongly condemn the brutal incident of honour killing of Dalit woman by the caste Hindus regarding inter-caste marriage.
5. We strongly condemn the increasing atrocities against DAlit women in Punjab, Hariyana, Bihar, Uttar Pradesh and Tamil Nadu.
6. We request Tamil Nadu government to introduce a policy to ensure protection and prevention of atrocities against Dalit community who engage in Inter-caste marriages.