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.

CASE HISTORY:

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.

FINDINGS:

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.

RECOMMENDATIONS:

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.

Recommendations

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.

Jagisthan (22) s/o Shankar, resident of Aasur village, Tindivanam taluk, Villupuram district, belonging to Dalit Paraiyar community fell in love with one Subbulakshmi (20), d/o Muthu, resident of Aasur, belonging to Caste Hindu Yadhav community. Fearing that their parents would object their love and marriage, they registered their marriage and were living with their respective parents. As Subbulakshmi’s parents were arranging a marriage for her, the couple eloped to Chennai and sought protection for the Police Department. Police department convened a peace meeting calling the parents of Jagisthan and Subbulakshmi. Parents of the couple accepted their marriage and have not raised any serious objection to their marriage. But the Caste Hindu Vanniyars who could not tolerate the marriage between a Dalit boy and a caste Hindu girl, organized a mob of 100 Vanniyars and orchestrated mass atrocity in Dalit residential area of the Aasur village. Dalits their Houses and properties were ransacked. 3 Dalits who were severely injured were taken to the Tindivanam Government Hospital. On knowing this mass atrocity, Social Awareness Society for Youths initiated a fact finding mission in this village and collected the data regarding the atrocity and come up with the findings and recommendations as given below. 

Findings:

•         Aasur village is home to nearly 250 Dalit families, but the caste Hindus like Vanniyars, Yadhavs, Udayars and Nayakkars are found to be in majority and nearly 750 caste Hindu families are living in this village.


•         Dalit youth Jagisthan (22) s/o Shankar and Yadhav girl Subbulakshmi (20) d/o Muthu were in love for the last 2½ years. Fearing that their parents might object them if they came to know about their love affair, the couple on 16/04/2014 registered their marriage in Chennai and was living in their respective parent’s house. On 11/07/2014, Subbulakshmi parents planned to have engagement. On 10/07/2014, Subbulakshmi called Jagisthan and informed about the marriage development. Hence on 10/07/2014, Jagisthan and Subbulakshmi eloped to Chennai.


•         On knowing the elopement of Subbulakshmi with Jagisthan, Subbulakshmi’s parents filed a case of Kidnap against Jagisthan in the Vellimedupet police station. As the couple came to know about the kidnap case filed against Jagisthan, on 12/07/2014 10 am, they met the Villupuram Superintendent of Police Mr. Manoharan at his office. There Subbulakshmi told that no one kidnapped her. She told that as their parents raised objections to their love affair, they registered their marriage in Chennai on 16/04/2014 and the couple produced all the relevant documents. They also filed a petition seeking police protection.


•         5 Dalit youths namely 1. Muthu s/o Durai, 2. Rasamuthu s/o Durai, 3. Kovilmani s/o Loganathan, 4. Sathish s/o Kumar, 5. Vinoth s/o Veeramani, are said to have supported the couple regarding their love and marriage. Hence on 13/07/2014 7.30 pm, Caste Hindu Vanniyars namely Ayyadurai s/o Vedivel, Kaandiban s/o Ganasundaram, Kamalakannan s/o Balakrishnan, Pungavanam s/o Namdev attacked Muthu’s father Durai. Panchayat President Mr. Elumalai s/o Muthaal, who came to the rescue of Durai was also attacked by the caste Hindu Vanniyar perpetrators.


•         Panchayat President Elumalai informed about the assault to the Vellimedupet Police station officials. Hence the police station deployed 6 police personnel at the Aasur village for security purpose.


•          


•         SP Mr. Manoharan after an enquiry gave an order to the Vellimedupet Police station, to convene a peace meeting bringing parents of the couple. Hence a peace meeting was convened at the Vellimedupet Police station. The parents of Jagisthan and Subbulaksmi, finally compromised themselves and after knowing the wishes of Subbulakshmi, her parents accepted her decision and left the station peacefully.


•         On 14/07/2014 7 pm, a mob of 60 Vanniyars carrying deadly weapons like wooden logs, Iron rods, stones and soda bottles stormed into the Dalit residential area of Aasur village and brutally attacked the Dalits. Vanniyar perpetrator namely Pungavanam s/o Namdev, shut down the power connection to the Dalit area, to prevent any retaliations from the Dalits. The mob verbally abused Dalits referring derogatory regarding caste saying, “do you our caste girls? now we are coming to your houses, paraiyas! son of prostitutes”. They destroyed the dalit houses and their utensils and other belongings. Dalits were brutally assaulted by the mob of Vanniyars.


•         Houses of Dalits namely 1. Muthulakshmi w/o Govindaraj, 2. Vijaya w/o Kovilmani, 3. Muthulakshmi w/o Ganesan, 4. Pattu w/o Arumugam, 5. Thandavarayan s/o Chellamuthu, 6. Devaraj s/o Saratha, 7. Manibalan s/o Kuppan, 8. Velmurugan s/o Mariammal, 9. Natarajan s/o Natesan, 10. Murugan s/o Neelavathi, 11. Arumugam s/o Maari and houses of 15 other Dalits were ransacked by the mob. The roof tops, wooden doors, windows, utensils were destroyed by the caste Hindu Vanniyar mob.


•         Dalit school student Nirosha d/o Thandavarayan suffered severe eye injury as the window glass pieces hit her eyes when the perpetrators were destroying the glass windows. She was profusely bleeding due the injury. Old Dalit woman Pattamma w/o Arumugam, suffered severe leg injury as the perpetrators threw stones to destroy the roof tops. The Ambulance service 108 was called to ensure immediate medical assistance to the severely injured Dalit girl Nirosha and old woman namely Mrs. Pattamma. But the Ambulance driver and the staffs failed to arrive and it was intercepted by the perpetrators. The RTO visited the place and arranged for an ambulance to send the injured to the hospital.


•         Based on the false counter complaint lodged by one Suresh belongs to Vanniyar community at Vellimedupet Police Station, police have filed false counter case against 11 Dalit youths with Cr. No. 102/14 u/s 147, 148, 341, 294(b), 506(ii), 307 of IPC.


•         On the same day (14/07/2014) around 11 pm Former Panchayat President Mr. Ramachandran lodged a complaint in the Vellimedupet Police station. Based on the complaint police have registered an FIR against 24 caste Hindu Vanniyar Perpetrators under Cr. No. 103/14 u/s 147, 294(b), 427 of IPC r/w 3(1)(r), 3(1)(s) of SC/ST PoA Amendment Ordinance, 2014.

Recommendations:

•         Parents of the Inter-caste marriage couple compromised and accepted their marriage, on knowing the couple’s firm decision to live together. But the Cadres of PMK Party and Vanniyar Sangam, who aggressively instigating caste animosity and orchestrating atrocities against dalits since Dharmapuri Elavarasan-Divya Atrocity incident, trying to fan anti-Dalit sentiment using this Jagisthan-Subbulakshmi love and registered marriage episode. As this marriage was against the will of the village dictum, the Vanniyars have orcehestrated this mass atrocity against Dalits. The Vanniyar mob of Aasur village tried to kidnap the couple when they went to Chennai to appear for the semester examinations. Hence the Government needs to provide adequate security and protection for this Inter-caste marriage couple.    


•         All the false counter cases filed against the innocent Dalits and Victims of this atrocity should be closed and all the Dalit victims regarding this atrocity need to be released.


•         The police have filed false counter case against Dalits. Hence the Police officials who filed false cases against Dalits should be implicated and need to awarded punishments under the SC/ST PoA Amendment Ordinance, 2014.


•         Appropriate sections of the SC/ST PoA Amendment Ordinance, 2014, should be invoked in the FIR No. 103/14 regarding this atrocity.


•         District Collector and the Superintendent of Police have not visited the place of atrocity. Hence as per the provisions the SC/ST PoA Rules 1995, The District Collector and the Superintendent of Police shall visit the place of occurrence and assess the extent of atrocity, loss and damage of property and provide immediate relief and rehabilitation to the victims of atrocities.


•         All the 70 school going  Dalit students of Aasur village are not able to go to school due to the fear of intimidation and attack by the caste Hindu Vanniyars of Aasur Village. When some Dalit tried to go to school, they were intercepted by the Vanniyar perpetrators, who verbally abused them referring derogatory regarding caste name, saying, “you son of Paraiya prostitutes why you are coming by this way”. And the mobs chased away the Dalit children by hurling stones and bottles at them. Hence the Dalit children who underwent such trauma and fear of attack in the future need to pacified and enable them to arrive at normalcy by providing psychological Counseling treatment.


•         The 108 Ambulance Service staffs who failed to arrive should be implicated and need to awarded punishments under the SC/ST PoA Amendment Ordinance, 2014.


•         The Vanniyars orchestrated such mass atrocity against Dalits. Hence COLLECTIVE FINE should be imposed on the Vanniyars of the Aasur Village as per the Provisions of the PoA Act, 1989.


•         Since the Elavarasan and Divya love tragedy, many Inter-caste marriage couples are living in constant fear and without any protection from the Law and Order Administration. Hence in order to uphold the Social Justice, the Tamil Nadu government need to introduce Policies, enact laws and provide protection to the people who engage in Inter-caste marriages and the state need to promote Inter-Caste marriages.

Yuvaraj s/o Kanniappan, a resident of Katterikuppam Village, Mannadipattu, Pondicherry, belongs to Irula tribe. He is working as a plumber. He is living with his Wife Soundarya (18) and widowed mother Padma (38). His sister Bhuvana (19) and his brother Prakash (23) have got married and living in neighboring villages.

Yuvaraj’s wife Soundarya is working in a stationery shop located in Katterikuppam village. In the adjacent PVC bulb shop, her friend Stella is working as a sales woman. Whenever they are free, they used to chat. On 19/03/2014 around 12 am, two young men (later came to known as Ramesh and his friend) came to the shop. Soundarya addressed them as brothers and asked Anna (brother) what you want? Ramesh, verbally abused her saying, bugger do you know which caste I belongs to and you belongs to Irula tribe, how dare you call me as brother. He verbally abused her referring derogatory regarding caste and gender. Soundarya and Stella maintained calm until Ramesh and his friend leave the scene. On her return to the home, she informed her husband Yuvaraj about the verbal abuse by Ramesh. Soundarya gave the Bike registration number to her husband and she could not establish any other identity. Some days later, on noticing the bike with the same registration number given by his wife, Yuvaraj enquired Ramesh, whether he abused his wife. At that time, Ramesh denied and told he was mistaken him for someone else.

On 01/04/2014, during the Mariamman Temple festival, Yuvaraj took Soundarya to the temple. Soundarya saw Ramesh and shown him to her husband. On confirming the identity of Ramesh, Yuvaraj went up to Ramesh and asked him why you abused my wife and why you denied it the other day?. When Yuvaraj was enquiring about the abuse, Ramesh assaulted him. The police men, who were on duty for security during the festival, noticing their fight, took them to the Katterikuppam Police Station. In the police station, Yuvaraj gave a detailed complaint about the verbal abuse of his wife and physical attack on him. The police registered an FIR. Ramesh belongs to Valuthavur village. His village elders brokered for compromise and asked Yuvaraj to excuse Ramesh for this one time. Hence Yuvaraj withdrew his complaint.

On 18/05/2014 around 11 am, when Yuvaraj was on his way to his sister’s house in Villayanur village, he was intercepted by Ramesh and his friends namely Manikandan, Vinoth and two others at Valuthavur road. When Yuvaraj was about to get down from the vehicle, Ramesh and his friends kicked his motor bike. Yuvaraj fell down along with his vehicle. When he managed to stand up, Ramesh beaten him with a wooden log on his hand and on his legs. Ramesh abused him referring derogatory regarding caste name, saying, you Irula prostitute how dare you lodge a complaint against me in the police station. Because of you I happened to face humiliation among my villagers. When Yuvaraj told that you only abused my wife leading to the FIR registration. On hearing this Ramesh was further infuriated and asked how dare you speak against me. Saying so he further assaulted Yuvaraj with the stick and told you Irulas are forty in number, what you people can do to us. Ramesh friends remained as spectators during the assault and they threatened him not to lodge a complaint against them in the police station. Then Yuvaraj managed to reach the Manadipatti Social Welfare Government Hospital, to get medical treatment. On noticing the nature of the assault and the condition of Yuvaraj, the hospital authorities reported this to the Kandamangalam police Station. Inspector of the Kandamangalam Police station called Yuvaraj and enquired about the incident. Then the Inspector asked him to come to police station and to lodge a complaint. Around 3.15 pm, on reaching the police station lodged a complaint. An FIR No. 151/14, under sections 147, 341, 323, 506(i), of IPC r/w 3(1)(r), 3(1)(s) of SC/ST PoA Amendment Ordinance, 2014. On the same day night, the police have arrested Ramesh, Manikandan and Vinoth.

On 19/05/2014, 10.45 am Yuvaraj went to the police station as he was called up by the Inspector. Inspector enquired whether he is going to withdraw the complaint. Yuvaraj replied that he has no intention to withdraw the complaint. As the police delayed the FIR registration and on knowing that the police have not filed an FIR regarding the atrocity, Yuvaraj approached Mr. Siva who was a leader of the Viduthalai Chiruthaihal katchi (VCK) party. As Siva spoke to the Kandamangalam Police Inspector, a case was registered against the perpetrators. During the same day evening, VCK party member Siva asked him to withdraw the complaint. But Yuvaraj refused to withdraw the complaint. Yuvaraj reported about Siva to the VCK Party Mannadipattu Kombuyun secretary Mr. Sivashankar. Sivashankar called Siva and scolded him for the request made to Yuvaraj regarding complaint withdrawal.  Later some influential people in the area called Yuvaraj and asked him to withdraw the complaint. But Yuvaraj refused to withdraw the complaint and was stubborn to seek justice for the atrocity meted out to him and his wife Soundarya. He is in constant fear, worrying about the safety and security of his family members.

Two Minor Girls of Pollachi TELC School Hostel were abducted and Raped by Habitual Rapist Veerasamy

Thilgavathi (11) D/o Pachai Muthu and Nagamani (late), resident of Pathrakali Amman Colony, Thathur panchayat, Pollachi, Coimbatore, belonging to Dalit Arunthathiyar community, is pursuing 6^th standard in Tamilnadu Evanlegical Lutheran Churchadministered School. Thilagavathi’s mother Nagamani (caste Hindu Devar community) died due to Jaundice when Thilagavathi was just 8 months old. Since the death of Nagamani, Pachaimuthu deserted Thilagavathi and she was left with the care of Grandmother Rani and Nagamani’s sister Selvi and her husband Manikandan (Advasi community). Due to their poor financial condition they admitted her in the TELC Hostel since 3^rd standard. Manikandan’s children namely Mohanraj (10 – 5^th std) and Pushpanjali (8 – 4^th std) are also pursuing their education in the Pollachi TELC School.

Mahalakshmi (10) D/o Saravanan belongs to Dalit Boer community and Janaki belongs to caste Hindu Nadar community. As Saravanan’s first wife Muthulakshmi died due to illness, he remarried Muthulakshmi’s sister Janaki. With Muthulakshmi Saravana Kumar have one daughter named Sangeetha (12). Three of Saravanakumar’s children namely Sangeetha (12), Bhupathi (11), Mahalakshmi (10) were pursuing their education in the TELC school. Due to poor financial condition, on 08/06/2014,  Mahalakshmi and his younger brother Bhupathi (11) were in the TELC administered School and Hostel located in Pollachi, Coimbatore district.

Since 1984, TELC Pollachi Hostel was run without the approval of the government. Without proper registration, it has accommodated 17 boys and 3 girl students. Though it receives huge foreign funds, it has not provided adequate facilities for the children. Security Provisions were not properly established in this hostel. The Hostel administration failed to provide proper and adequate food to the children. Hence the children were reportedly sought/pegged the waste/left over foods from the hotels located in the nearby Bus station.

On 12/06/2014, around 12 am, Veerasamy, resident of Vaalpaarai, Pollachi, Coimbatore district, belonging to Dalit Arunthathiyar community, along with his accomplice came to the TELC hostel. Veerasamy in a drunken state broke open the door of the hostel while his accomplice stand guarding the door. On hearing this noise and seeing some stranger in the hostel, the children started shouting and cried for help. Veerasamy drew his knife and threatened that he will slit them if they cry for help. He asked Thilagavathi to bring water for him.  After drinking the water, he asked Thilagavathi and Mahalakshmi to come along with him. When they refused, he forcefully took them to the terrace of the TELC hostel campus. On seeing Mahalakshmi and Thilagavathi being abducted by a stranger, other children of the Hostel namely Manikandan and Vimal rushed to the warden’s house and informed about this abduction. Warden Suresh Kumar in turn informed this to the School Head Master Rajendran. Rajendran informed this to the police department.

Veerasamy after taking Thilagavathi and Mahalakshmi to the upstairs, he forcefully grappled Mahalakshmi, kissed and bitten her lips. He undressed Mahalakshmi and raped her. When Mahalakshmi cried due to the pain, he threatened to slit her throat with a blade if she shouts again. Mahalakshmi started bleeding in her vaginal area due to the forced sex. Her cloths and under garments were soaked in blood and she started murmuring and fainted. Then Veerasamy forcefully raped Thilagavathi and when she shouted due to pain, he again threatened to slit her with a blade. As he noticed the people coming in search of the abducted students, he threatened that he will kill them if they reveal this to anyone.  Then he escaped from the place of incident on noticing the police and the warden staffs in search of the children. Due to fear and pain, the two girl children remained silent and were hesitant to come out of the place. Around 2 am the police found them in the terrace of the TELC campus. They found Mahalakshmi stained with blood all over her under garments and her clothes. They carried them down. After making initial enquiry, both Thilagavathi and Mahalakshmi were immediately rushed to the hospital. The Hospital staffs confirmed about the commission of rape and repeated rape of Thilagavathi on noticing the marks of vaginal wound. The police have registered a case on 12/06/2014 under FIR No. 16/2014 u/s 5(H)(L)(M) and 6 of POCSO Act r/w 366(A), 376 of IPC r/w 3(1)(w(i), 3(2)(v) of SC/ST PoA Amendment Ordinance 2014. The police department has filed a case against the Hostel Warden Suresh Kumar and Pollachi TELC Church Secretary Backianathan under FIR No. 311/14 u/s 188, 336, 342 of IPC r/w Section 23 of Juvenile Justice Act, 2000.

Heads of District Administration and police officials visited the hospital and investigated the incident. The parents and relatives of Thilagavathi and Mahalakshmi went to the hospital late in the evening and they were not given adequate time to spend with their children and to console them. The hospital staffs and the police department refused them to be with their children as the Ministers and the Higher Officials of the District Administration have been visiting the hospital to meet the affected children.  

The Hostel and School Administration failed to inform about this atrocity to the parents and relatives of the children. Their poor management of this grievous atrocity incident can be understood as they asked Bhupathy (11) S/o Saravanakumar and brother of Mahalakshmi to inform about this atrocity to the parents and relatives of the children. Thilagavathi’s foster parents Manikandan and Selvi were informed about this atrocity by Bhupathi only in the late afternoon. The parents and relatives of the children were not given adequate time to speak with their children. The Sub-Collector Mrs. Rashmi Siddarth Jehade fainted on seeing the blood stained condition of Mahalaksmi. Mahalaksmi sustained serious injury in her vagina and it was tore up to 8 cm deep. The Doctors have reported that Thilagavathi was having wounds in her vagina due to repeated rape.

On 13/06/2014, Parents and relatives, along with the support and hand holding of Women solidarity groups, staged a protest seeking immediate arrest of the perpetrator and his accomplice. The Police managed to arrest the associates of Veerasamy namely Gopinath, Hari, Arun, and Venkatesh. And they arrested Veerasamy on 14/06/2014.  On 15/06/2014, the victims were given monetary compensation of Rs. 3 lakhs each. The District Administration has ordered the closure of the TELC Hostel and whipped up similar investigation in other children hostels in the district.

During the month of March, a video record about the abject condition revealing the lack of adequate security, basic facilities and non-provision of foods in the TELC hostel was made with the help of the inmates and it was reported to the Social Welfare Officer. But the Social Welfare Department has not taken any action in this regard. During the fact finding mission, the inmates of TELC Pollachi Hostel reportedly told they used to seek /peg waste and left over food from the nearby  hotels, as the hostel administration failed to provide food to the children on regular basis.

Veerasamy, resident of Kakkan Nagar, Valpaarai, Coimbatore, belongs to Dalit Arunthathiyar community. He was married and a father of a girl child. He is a habitual child sex offender. During the interrogation he revealed that he raped street children on various occasions luring them by giving food and snacks. Recently people caught hold of him while he was sexually harassing a street child and handed over him to the police department. But the police department failed to take severe action against him. Prior to this atrocity, he was implicated under robbery and sexual assault cases against him.

On 11/06/2014, during the evening he and his associates namely Gopinath, Hari, Arun, and Venkatesh, stolen a mobile phone from a shop and sold it. With the money, they had alchohol. After this Veerasamy and one of his associates went to the TELC hostel and commissioned this grievous crime. Police Sub-Inspector reportedly told that on 11/06/2014 midnight, the police chased a group of men and the gang ran into the TELC Hostel campus and hid inside the campus. But the police have not made any serious attempt to catch them. As the criminals vanished into the campus, the police negligently left the place. This negligence of the police ended in a two minor children being raped by the perpetrator Veerasamy.

The District Administration transferred the hostel inmates to another safe residential hostel. The relatives of Thilagavathi and parents of Mahalakshmi asked the district administration to give their children back. But the District Administration and the Doctors refused to this demand and told that the children will be accommodated in other residential school ensuring provision of proper physical and psychological treatment for them.

FINDINGS:

1. Since 1984, Tamil Nadu Evangelical Lutheran Church administered School is running a residential hostel without the approval of the Government. The hostel lacks basic facilities, security provisions and the inmates were not provided food regularly. The 17 boys and 3 girl minor students were accommodated in the single room without proper security and without a woman warden in place.

2. During March 2014, the abject condition of the hostel was recorded in a video footage and was reported to the Social Welfare Officials. But the Social Welfare Department failed to take any action in this regard.

3. On 11/06/2014, around 11pm, the police patrol noticed a group of criminals on the street and chased them. As the Criminals took refuge in the TELC hostel campus, the police department negligently retracted without presuming any harm might be commissioned on the hostel inmates. The chased criminals were later known to be Veerasamy and his associates namely Gopinath, Hari, Arun, and Venkatesh.

4. On 12/06/2014, 12 am Veerasamy and his accomplice broke open the door of the TELC Pollachi hostel and abducted Thilagavathi c/o Manikandan and Mahalaksmi D/o Saravana kumar by threatening them with a knife. Veerasamy took them to the terrace of the TELC Hostel campus and raped them.

5. Hostel students namely Manikandan and Vimal rushed to the Warden’s house and informed about the abduction of Mahalakshmi and Thilagavathi. The warden informed about this to the Head Master, who in turn reported this to the police. Then they started searching for the abducted girls, along with the police men.

5. Mahalakshmi sustained serious injury in her vagina due to the forced rape and Thilagavathi was also subject to rape by the perpetrator. When they cried due to the extreme pain, he threatened them that he will slit their throat if they try to shout seeking help. As he noticed the police and the hostel staffs searching for the children, he escaped from the scene. Both the girls kept quiet, due to extreme pain and shock, and remained in the place.

6. The police and the hostel staffs later noticed them and witnessed Mahalaksmi with her blood stained clothes and bitten wounds in her lips. Then they took them to the Hospital for medical assistance. The doctors confirmed the rape and revealed that Thilagavathi was having wounds of repeated rape. Mahalakshmi who sustained severe injury in the Vagina and it was tore up to 8cm deep.

7. On 12/06/2014, Police filed a FIR regarding this atrocity. On suspicion police have arrested Gopinath, Hari, Arun, and Venkatesh, who were later known to be the associates of Veerasamy. All the four were implicated under the charge of robbery. On 14/06/2014, a police team under Inspector General Davidson, based on a tip off from the public, arrested Veerasamy.

8. An FIR was registered under FIR No. 16/2014 u/s 5(H)(L)(M) and 6 of POCSO Act r/w 366(A), 376 of IPC r/w 3(1)(w(i), 3(2)(v) of SC/ST PoA Amendment Ordinance 2014. The Hostel Warden Suresh Kumar and Pollachi TELC Church Secretary Backianathan were implicated under FIR No. 311/14 u/s 188, 336, 342 of IPC r/w 23 of Juvenile Justice Act, 2000.

9. The District Administration has ordered for the closure of the Hostel and transferred the inmates to another Residential school. Thilagavathi and Mahalakshmi were given monetary compensation of Rs. 300000 each following  this atrocity.

RECOMMENDATIONS:

1. Other than Veerasamy, one of his accomplice was also present during the abduction and rape. This was well established by the statement of the hostel students. But the police have not implicated the accomplice of Veerasamy who assisted him during the abduction. Hence the police have to implicate his accomplice under the sexual assault case.

2. The Government has to provide monetary compensation of Rs. 1000000 to Thilagavathi and Mahalakshmi. The State should bear of cost of education of these two minor students and provide employment after their successful completion of education.

3. The state government should implicate all the responsible government officials who failed to monitor and enforce the pre-eminence of the residential school standards should be brought under the scanner of the POCSO Act and Juvenile Justice Act.

4. The Government should create awareness and orientation programmes about the rights of children. They have to encourage the children to participate in these kinds of workshops.  

5. The TELC School and Hostel Management causes the children of the hostel to seek/peg for leftover/waste foods of the nearby hotels. Hence the TELC Hostel and School Management should be implicated under Section 24(1) of Juvenile Justice Act, 2000 and stringent punishments should be awarded as per the act.

6. As the minor students were accommodated in the hostel for over a long period of time, the section 344 of IPC have to invoked, replacing section 342 in the FIR No. 311/14, ensuring stringent punishments for the Hostel Management personnel.