Case in Brief:

Senthil Kumar (26), resident of Anna Nagar, Karuvalur, Avinashi Taluk, Tiruppur district, belongs to Dalit Arunthathiyar community. He is working in a Power loom company in Nallikoundaanpalayam. Sangampalayam village is close to Anna Nagar. In this village, goats are frequently went missing and it was reported that a person with red color bike was identified as a thief. On 25/08/2012, While Senthil Kumar was returning home in his red color bike along with his cousin, caste hindus belonging to Muthuraja community, asked him to stop the bike. On seeing them carrying deadly weapons like wooden logs and iron rods, Senthil Kumar out of fear, rode the bike without heeding to their command. The infuriated mob chased him up to his village. Senthil Kumar hid inside his house, the mob threatened the Anna Nagar Dalits and took away his bike. The mob reported to Uppilipalayam Ward member Ganesan, that they identified the thief and caught his bike. Ganesan called Senthil kumar to come and collect the bike. When Senthil kumar and other dalits went to Ganesan’s house at Sangampalayam to retrieve the bike. On seeing Senthil Kumar the caste hindu mob caught hold him and took him to the Ganesan;s house. At the Ganesan’s house Senthil Kumar was brutally beaten with iron rods and lathis. They verbally abused him saying,” you sakkilis once not even wear Chappals infront of us and now you sakilis are riding bike in front of us. They assaulted him saying, “how dare you refuse to stop the vehicle even after we asked you to do so?. When other dalits tried to intervene to help him, Dalit women of the village, intimidated them and verbally abused them. The mob tortured Senthil Kumar and forced him to accept that he is the one who stolen the goats. After brutally assaulting him, they called up Annur police station and filed a false complaint for theft and he was remanded in police custody.

On 06/08/2012, the police called the relatives of Senthil Kumar and asked them to compromise and not to file a complaint regarding this assault. On knowing this atrocity, VCK Party and other solidarity groups staged a protest road blockade demanding severe action against the perpetrators. Bu the 50 Dalits were arrested regarding this protest. Later police filed a case against the Ganesan and arrested only one of the perpetrators namely Venkachalpathy.

Legal Standard Breached:

1.       Causing grievous hurt with dangerous weapons is an offence punishable under section 324 IPC, and any person who commits any offence under the section 324 IPC shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. (sec. 3(2)(v) SC/ ST (PoA) Act).
2.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC
3.       Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. [Sec. 148 of IPC].
4.       Whoever  commits,  the  offence  of  criminal  intimidation  shall  be  punished  with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (Sec. 506 of IPC).
5.       A person, who is not a member of a Scheduled Caste or Scheduled Tribe, who intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste in any place of public view, is guilty of an offence under the Act ( sec. 3(1)(x) SC/ST (PoA) Act).
6.       Whoever institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe - shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. (Sec. 3(1)(viii) SC/ST PoA Act).
7.       Whoever gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe - shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. (Sec. 3(1)(ix) SC/ST PoA Act).
8.       Whoever, being a public servant but not being a member of a Scheduled Caste or Scheduled Tribe, willfully neglects his/her duties required to be performed by him/her under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year [sec. 4 SC/ST (PoA) Act].
9.       No one shall be deprived of his/her right to life or personal liberty except according to procedure established by law. No one shall be subjected to arbitrary detention or imprisonment [Art. 21 IC-FR, Art. 9 UDHR, & Art. 9(1) ICCPR].

Murugathal belongs to dalit community. She reside in Chathiram pudhur, Nalroad, Sathiyampalayam taluk at Erode district. She working as dalit activist and Animator in READ organisation. Mani @ Maniyal belong to caste hindu community. She was practice caste discrimination in chathiram village. She always called dalits in caste name and if she take water she clean tab five times, during the time any other dalit not allowed to take water. If dalit walk or stand in place she clean that place by the water. If any person were asked this,  she was derogatory referred by caste name.

On 25.08.2012 murugathal grandmother went to public tab, while maniyam taking water she ask to take two buckets. Maniyal derogatory referred by caste name and she said that how dalit can take water while caste hindus taking. Since murugathal asked why you scolled my grandmother, she also derogatory referred by caste name. Hence Murugathal informed to maniyal husband he also derogatory referred. Since she was files a case in bangala pudur police station. Sakthivel was arrested by police. 

Baljit Kaur w/o Sh.Chiman Singh is a resident of village- Basti Dula singhwala, Tehsil-Zira District- Ferozepur. Baljit Kaur belongs to the Rai Sikh Scheduled Caste.

On 17/08/2012 she went out her house to throw away waste materials. As she did this, SKripal Singh alias Pala Nihang, s/o Chanda Singh belonging to the Jat Sikh(General) community raised his voice that they should take Baljit Kaur and to not let her go free. There were the following persons on the wait to drag Baljit Kaur to the house of Bakshish Singh.

Baljit Kaur was locked inside the house where she was gang raped by Bakshish Singh, Beba Singh, Jaila Singh and Karan Singh. Gurmit Kaur and Kirpal Singh were outside to watch. Baljit Kaur tried to raise her voice but the culprits, forcibly stopped her. The gang rape continued for one and a half hours, whilst the mother in law of Baljit Kaur went looking for her daughter in law.

Avtar Singh was employed by Baru Singh in the village of Gandua, tehsil-Sunam, District Sangrur. , Avtar, was Scheduled Caste in Punjab, the Majhabi Sikhs.  Avtar had worked for him for three years as a bonded labourer. the employer, Baru was a member of an upper caste, whilst the labourer. In his first year of employment, Avtar received an advance of Rs.25,000/- from Baru. However, the fixed salaries they agreed upon in Avtar’s second and third years of employment were never received. These amounted to Rs.30,000/- and Rs.50,000/- respectively. In reality he rarely got more than Rs.200-400/- per month.

Avtar’s wife, Jasvir Kaur, was also employed by Baru, working under the same advance amount as her husband, cleaning Baru’s house and cleaning the dung of his cattle. To help manage the family’s domestic expenses and to ensure their nine year old son, Gupreet Singh could attend school, she also worked in the houses of other employers. Avtar unwittingly provided his thumb print on some blank papers when requested to do so. As Avtar was illiterate and not aware of what the papers were for, the employer was able to easily obtain this. Employer of bonded labourers often does this so that they can claim their bonded debt from the labourer through the legal system at a later date. It is also another classic form of caste discrimination.Baru Singh expected Avtar to work all day and night regardless of his illness. When Avtar was sick and went his home to rest, Baru ordered him to come over to his house, beat him mercilessly and force him back to work.

On 11/08/2012, when Avtar complained that he was sick at work and requested him to grant him some leave to take rest, the incensed Baru beat him and not allowed him to rest. Consequenly Avtar drunk pesticides which he used in the fields in a bid to take his own life.  There was no alternative and option for him.

Jasvir and Baru took Avtar in a hospital and try to save his life but it was too late and pronounced to dead. Due to her illiteracy and because of pressure placed upon her by the employer, Jasvir was unable to make any legal complaints against Baru.

Only a month after Avtar’s death, the employer’s wife, Gurmail Kaur, came to Jasvir’s house and forced her to go to work, stating that until the bonded debt was cleared she would have to work them.

A VSJ field animator met Jasvir, who, on recounting her story was brought into the VSJ office in Phillaur. A complaint has now been filed to the Senior Superintendant of Police and District Magistrate in Patiala by VSJ on Jasvir’s behalf. Due to the complaint to the Distric Magistrate, Sangrur the employer said that he don’t want any bonded debt from Jasvir Kaur. Now Jasvir Kaur is working as a daily wage worker. Her son Gurpreet Singh @ Gopi is going to school he is studying in 5^th class.