Selvaraj (32) S/o Paramasivam reside at D.No:07/202, Madurai veeran kovil st, Selukkorichal post, Sulur Taluk of Coimbatore District. He belongs to Dalit community sub caste of Arunthathiyar . He was working as a power loom worker. 

On 29.06.2014 Evening he and his friend Sathish and Sivaraj went to Pravin hotel to take food. Mr.Selvaraj asked Parata to them. Hotel owner replied that Parota and Dosa only available. Since Mr.Selvaraj and his friend asked two parota each.  Hence Hotel servant was given Parota to them. But these parotas were old one so Sathish did not take that food. Mr.Selvaraj and Sivaraj were took that parota. Since Mr. Selvaraj asked why you given old food to us. Then Hotel owner (Nayakkar community) Kannan and Ramesh were abused us in the filthy words saying that how dare sakkili dog can me?

Followed that Kannan, Ramesh and hotel servents were attacked by throwing stone and they damaged Selvaraj cell phone. Followed that selvaraj lodged complaint against perpetrators in Sulur police station on 30.06.2014. But police filed FIR on 01.07.2014.  

ग्राम मनहन उत्तर प्रदेश के पूर्वाचल भाग में जनपद- जौनपुर मुख्यालय से पूर्व लखनऊ – वाराणसी राजमार्ग से सटा हुआ है। जिला कार्यालय से दूरी लग भग 15 कि0 मी0 है। थाना - जलालपुर की दूरी लग – भग 1 कि0 मी0 है,  यह क्षेत्र सर्वण बाहुल्य क्षेत्र है। यहँ के सर्वण जाति के लोग  आज भी दलितो पर दबाव बनाने का प्रयास करते है। राजनैतिक चेतना के प्रभाव से दलितो में थोड़ी बहुत जागृति दिखाई दे रही है। अब कुछ दलितो ने दबंग जातियो के उत्पीड़न के खिलाफ विरोध करना शुरू किया है। जोकि सर्वणो को नागवार लगती है। इस कारण आये दिन क्षेत्र में दलितो की अवाज  को दबाने और नीचा दिखाने की नियत से इस प्रकार की तमाम घटनाए क्षेत्र में घट रही है। इसी गाँव में अन्य दलितो की तरह शंकर (दलित) भी रिक्शा ठेला चलाकर अपना जीवन यापन कर रहा था। दिनांक 17 अपैल 2007 को सुबह 7. बजे शंकर रिक्शा ठेला लेकर निकला था कि गाँव के बाहर थोड़ी दुर पर तिराहे के पास गाँव का रमाशंकर सिंह मिला और बातचीत करने लगा। उसने शंकर से कहा कि तुम वोट कहाँ पर दोगें तो शंकर ने कहा हाथी पर। रमाशंकर सिंह ने इस बात पर शंकर को गाली दी और कहां साले चमार नेता बन रहे हो और मारने लगा। उसने शंकर को एक घुसा सीने में मारा और वह वही पर गिर पड़ा। उसके बाद रमाशंकर सिंह दौड़कर घर गया वहां से लग्गी लाया और फिर दोबारा लग्गी से शंकर को मारने लगा। गाँव वालो को आते देख रमाशंकर सिंह वहां से भाग गया। शंकर को बस्ती के लोग उठाकर थाने ले गये और उसके बाद जिला अस्पताल उपचार हेतु ले गये जहाँ पर शंकर की मौत हो गयी।

Pushpagiri village is part of Santhaivaasal Panchayat , Polur Taluk, Thiruvannamalai district. On 8^th 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.

FINDINGS:

•          On 08/07/2014, in Puhspagiri village, as part of Pallayathamman Temple festival, caste Hindus organized an Orchestra. Some Dalit Youths of the village went to see the performance of the orchestra. While they were watching the performance, caste Hindu Vanniyars namely Velmurugan s/o Amirthalingam  and Bhuvanesh s/o Amirthalingam  verbally abused and attacked two Dalit youths namely Vikki s/o Seetharaman and Dhileep s/o Suresh.


•          Vikki and Dhileep immediately lodged a complaint with the Santhaivaasal Police Station. But the Sub Inspector of the Police Station, Mrs. Mohana was negligent to register an FIR. Instead, she filed a FIR on the false counter complaint lodged by the caste Hindu Vanniyar perpetrator Bhuvanesh, implicating 9 Dalit youths. 6 Dalit youths were immediately arrested based on the false complaint.


•          Sub Inspector Mohana served as a Sub-Inspector in the same police station in the past. During the tenure, she was found to be biased in favour of Caste Hindus. She had close nexus with them and acted against the interest of the Dalits. Hence she was served transfer to other police station as part of disciplinary action. She was reinstated in the police station again to ensure security during the temple festival. In reality, SI Mohana was allegedly posted in the same police station to wrongfully implicate the Dalits, to file false counter cases and to work against the Dalits.


•          As constant pressure was exerted on the Sub Inspector to file the case against the perpetrators, she filed an FIR against the perpetrators. Due to consistent advocacy efforts Santhaivaasal Police Station arrested 3 perpetrators regarding this atrocity.


•          Following this, Muthumariamman Temple festival was organized in Chinna Pushpagiri village. People from the 20 nearby villages visited the temple during the festival. On 03/08/2014, 5.30 pm walking over the burning embers/walking over fire ceremony was organized. Thousands of people from the nearby villages visited the temple. Santhaivaasal village Dalits are also participated in the temple festival.


•          During the festival, Dalit women of Santhaivaasal village went to the bushes to urinate. Caste Hindu Vanniyar youths watched this by hiding behind the bushes. On noticing this, Dalit women shouted out of shock and ran away from the bushes. Dalit women reported this to their community men. Dalit youths went to the bushes to confirm this. They have seen that the Vanniyar youths were hiding behind the bushes carrying deadly weapons like sickles, knifes, iron rods, cricket bats and stones. On noticing the Dalit youths, the Vanniyars started attacking the Dalits causing serious injuries.


•          Dalits namely Kuralarasan s/o Sampath, Chinnathambi s/o Mannu and Vino s/o Thandapaani sustained serious injuries. Navin s/o Thandapaani was subject to brutal attack over his head and blood leaked out from his ear.


•          After orchestrating this brutal atrocity, Mahalingam (50) one of the member of the perpetrators lodged a false complaint with the police station. Based on his false complaint, police have filed an FIR No. 117/14 u/s 147, 148, 294(b), 323, 324, 506(ii), 307 of IPC and arrested 14 Dalit youths including students.


•          On the complaint given by the Dalit victims of this atrocity, police have filed an FIR under FIR No. 118/14 u/s 147, 148, 294(b), 323, 324, 506(ii)  of IPC r/w 3(1)(r), 3(1)(s) of SC/ST PoA Amendment Ordinance, 2014 and arrested 14 of the Caste Hindu Vanniyar perpetrators.


•          Santhaivaasal Police Sub Inpector Ashok Kumar lodged a complaint against the Dalit youths. Based on his complaint, police have filed an FIR under FIR No. 119/14 u/s 147, 148, 294(b), 332, 323, 324, 506(ii), 307 of IPC.


•          Following this false counter cases, Dalit women have staged a protest and road blockade seeking justice and action against the perpetrators. Hence police have filed a case against the Dalit women again under FIR No. 120/14 u/s 147, 188 of IPC.

RECOMMENDATIONS:

•          Caste Hindu villagers whoever intimidated, assaulted and prevented the Dalits to participate in the temple festival should be implicated under section 3(1)(Y) and 3(1)(za)(c) of SC/ST PoA Amendment Ordinance, 2014, as they denied the cultural and religious rights of Dalits.


•          Disciplinary actions should be initiated against the police officials namely Sub Inspector Mrs. Mohana and Sub Inspector Ashok Kumar who filed a False counter case against the Dalits. Other police officials who went into the Dalit residences in the midnight and attacked Dalits youths and women in the name of maintaining law and order, police men who dragged the young women out of their house and harassed them sexually, police men who registered false cases against Dalits and who tortured the Dalit youths during the custody need to be implicated under Section 4(1), 4(2)(b) and 4(2)(d) of the SC/ST PoA Amendment Ordinance, 2014.


•          The Tamil Nadu government should order for a CBCID investigation into the breach and abuse of power of police officials such as negligence, bias, filing of false counter cases, illegal arrest and torture under police custody and to investigate the caste atrocity against the Dalits of Puhspagiri village and Santhaivaasal village.


•          Caste Hindu Vanniyars namely 1) Vijay Kumar s/o Selvaraj, 2) Kaasi s/o Chinnappa, 3) Rajaamani s/o Munusamy, 4) Krishnamoorthy s/o Munusamy, 5) Jeyaprakash s/o Chinna Kanchi, 6) Chinna Kanchi s/o Chellaperumal, 7) Ravichandran s/o Annamalai, 8) Dharani s/o Velayutham (PMK Member), 9) Ponnusamy s/o Raju Kounder 10) Murugan s/o Patchaiappan 11) Durairaj, 12) Vijay s/o Ramu 13) Ramu s/o Ramakrishnan, 14) Saetu and 15) Mahalingam, who were orchestrating atrocities against Dalits and working against their interest should be implicated under sections 3(1)(p), 3(1)(q), 3(1)(z) and 3(1)(zc) of the PoA Amendment Ordinance, 2014 and collective fine should be imposed on them as per  District Administration should provide security to Dalits protecting them from any possible atrocity from the above mentioned 15 caste Hindu perpetrators and should take some precautionary measures to prevent any such commission of atrocities in the future.


•           Dalits youths who were injured in the atrocities namely 1) Kuralarasan s/o Sampath (sustained injuries in the head and legs), 2) Chinnathambi s/o Mannu (sustained severe injury in the head and in the Coma since then), 3) Vino s/o Thandapani (injuries in the head and hand), 4) Navin s/o Thandapani (was hit in his head and blood leaking from his ear) were admitted in the Vellore CMC and in the Adukampaarai Government college Hospital. They are receiving medical assistance for their injuries. They should be given medical treatment in the Chennai Stanley Government Hospital to ensure quality medical assistance and speedy recovery.


•          Dalits of Puhspagiri village and Santhaivaasal village have run away from the village and took refuge in the nearby villages fearing further mass atrocity by the caste Hindus and also fearing false implication and arrest by the police. District Administration should build confidence among the Dalits to return to the village and should provide proper security to the Dalits of these villages.


•          To ensure justice, compensation and security to the villagers, the investigation should be entrusted with the police on the rank of Superintendent of Police.


•          Dalit children and youths were not attending the schools and colleges fearing attack from the Caste Hindu Vanniyars. Hence District Administration should provide counseling to the Dalit children and college students and enable them to go to school by providing security arrangements.


•          Since the Caste Hindu Vanniyars sexually harassed the Dalit women who went to the bushes to urinate, they have to be implicated under section 3(1)(w)(ii) of SC/ST PoA Amendment Ordinance, 2014.  


•          All the false cases filed against the Dalit youths and women should be revoked and they should be freed of these charges.


•          Cultural and Religious rights of Dalits to participate in the public festival should be reinstated

False Accusation of Making Toddy and Custodial torture of Elango belonging to

Dalit Community

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.

FINDINGS:

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.

RECOMMENDATIONS

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 12^th 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.