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Denial of Public Path for Temple Festival

  • Posted by: NDMJ - DELHI
  • Date of incident: 03-08-2012
  • Create date: 15-09-2014
  • State:: Tamil Nadu
  • District:: VILLUPURAM
  • Police station:: Sangarapuram
  • Summary::

    Sesasamuthiram village is in Sangarapuram Taluk, Villupuram district. 150 Dalit families are resident of this village and the caste hindus around 5000 families are living in this village. Most of the dalits are landless agricultural labourers. In this village with the help of the Vanniyar community Subramanian who contested the Panchayat president, Dalits have bought one new Temple car for the festivities. Every year during the month of July dalits celebrates Mariamman Temple festival for five long days. During the final day of the temple festival, they used to carry the deity in the temple car along the public path. But caste hindus who could not digest the celebration of Dalits with the newly bought temple car, denied the dalits to use the public road for the temple car procession. As the Dalits filed a petition with the police station and the RDO, district administration convened a peace meeting to resolve the issue. As the caste hindus vanniyars denied permission to dalits to access the public road for the temple car procession, District administration issued a prohibition order against the Dalits denying the temple car procession. On 06/08/2012, when the dalits tried to take the temple car through the public road, Vanniyars stood on the way with deadly weapons blocking the way denying access to the public path. On 21/09/2012, as the Vanniyars and District Administration denied permission, Dalit women of this village started a fast unto death protest in front of the Mariamman Temple. On 23/09/2012, dalit women fainted and were hospitalized for medical assistance. On 24/09/2012, police arrested the women who took part in the fasting and were imprisoned in the Cuddalore Central jail.

     

     

    Legal Standard Breached:

     

    1.       No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to - (a)  access  to  shops,  public  restaurants,  hotels  and  places  of  public entertainment. (15 (2)(a,b) of IC-FR). 
    2.       Whoever wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water; 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)(v) of PoA Act].
    3.       Whoever forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence, 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)(xv) of PoA  Act].
    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.       Whoever denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to; - - 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)(xiv) SC/ST PoA Act).
    6.       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].
    7.       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].
    8.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].

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Murder of a Dalit Woman & 8 Others Injured Over a Land Dispute

  • Posted by: Centre for Dalit Rights
  • Date of incident: 02-08-2012
  • Create date: 24-03-2014
  • State:: Rajasthan
  • District:: ALWAR
  • Police station:: Bansure
  • Chargesheet:: No Chargesheet
  • Summary::

    Diseased Mutka Kallo Devi (50) w/o Nibori Ram is the resident of Kharnal near Danitan Jotpur village, under Bansure police station in Alwar Dist. belongs to Scheduled Caste (Bawaria) community.

     

    The diseased had a piece of cultivable land and she used to cultivate different kinds of seasonal crops. The accused persons had a bad eye on the land to grab from her. According to their plan, Tulshi Ram s/o Umrabmal, Ghanaram, Girdhari lal, Mukhram, Hajarilal, Chhagram, Ramkaran, Ashok kumar, Chetram and other people from Gurjar community of Jotpur village, went with a tractor to field of victim and destroyed entire crop. When the victim protested against this, the assailants abused and brutally attacked her.

     

    Thus, Mutka Kallo Devi lodged complaint in Bansure police station on 21 June, 12 & submitted a written complaint before the D.S.P, Baharode on 23 July, 12; however the police did not take any action against the assailants, which provoked them to make further crime.

     

    Thus, the assailants convened a meeting for all Gurjar community, where they unanimously decided to attack the family. On 2 Aug, 12, as per their plan a mob of about 300 Gurjar people, namely Sonu bai, Sundar bai d/o Banwari lal, Reen w/o Uday Bhan, Suman bai, Asha bai, Jyoti bai, Salma (8) d/o Banwari Singh and others went to the victim’s family, well armed with lethal, stick and other deadly weapons and brutally attacked them, as a result Mutka Kallo Devi died on the spot. A criminal case was registered against the assailants on the same day, case no.313/12, u/s 452,447,143,323,302 IPC& 3(2)(v) of SC/ST (PoA) Act. On 13 Aug, 12, the police arrested two perpetrators namely Tulshi Ram s/o Umrabmal & Moti Singh and others absconding. Due to continuous threat by the perpetrators, the victim’ family migrated to Bansure to save their live. The case is under investigation. The victim’s family has not received any compensation from the administration. 

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Mass Attack and Demolition of 18 Dalit Houses to Encroach upon Land

  • Posted by: NDMJ-UP
  • Date of incident: 30-07-2012
  • Create date: 30-11-2013
  • State:: Uttar Pradesh
  • District:: KUSHINAGAR
  • Police station:: Varwa Patti
  • Chargesheet:: not filed
  • Summary:: Rampur Varahan, a large village in Block - Dudahi, Police Station - Varwa Patti, is just around 40 Kms. from District Kushinagar Head quarter. The 48 dismal (around ½ acre) of land at the Dhanuk Hamlet, in Rampur Varahan is the reason for the occurrence of the mass violence resulting in demolition of 18 houses belonging to Musahar community by a Yadav mob, in which 6 Musahar got serious injuries. The mob also broke and looted 10 Musahars houses. On 30th July 2012, Asharfi Lal Yadav, ex-pradhan chose the heinous and cowardly way of attacking the Musahar families when most of the Musahars were out to attend the DM’s meeting in Block office. At around 11.30 a.m, about 200 goons led by Asharfi Lal Yadav S/o Tilak Yadav, Satish S/o Tilak Yadav, Satnarayan S/o Tilak Yadav, Harendra S/o Devdult Yadav, Ghuri Yadav S/o Gagan Yadav rushed in 6-7 tractors and surrounded the Musahar hamlet with arms such as rifels, kanta, lathi, farsa, gadas, tangi, kudal. All the houses of 18 families were raged to the ground and all the belongings were thrown in the nearby river. The goons used tractors to level the ground for cultivation. They collected all the broken pieces of houses in the tractor without leaving any evidence. The damage of property of each house is around Rs. 5000 – 10000. The goons also ransacked and looted around 10 houses of Musahar community. The loss of property of each house is around Rs. 3000 – 5000. The perpetrators also attacked several Musahars, who were in the Hamlet with lathi, kanta, farsa, gadas, tangi, kudal and with back side of the rifles. The women and children were not spared from beating. Old men and mothers with small babies were mercilessly beaten. Around 6 victims namely Rajaram(60) s/o Munna, Phuleshari (50) w/o Kapil, Bauk (65) s/o Tapeshar, Nirmala (25) w/o Ramadhar, Bindi (22) w/o Dukhan, Joniya Devi(48) w/o Sukhdeo were seriously injured. But the victims were admitted in District Government hospital only the next day. The District administration has failed to get admitted the victims to the Hospital instead they asked for the copy of the FIRs and also said without producing the FIR they are unable to admit the victims in the hospital. FIR has been registered only against 11 accused u/s 147, 148, 323, 504, 506, 427 IPC, 3(1) (x), 3(1)(v) SCs & STs (PoA) Act dated 30.7.12. On the date of incident ADM, ASP visited the spot. On the next day, DM visited the Hamlet. As relief measures, the District administration provided a total of 2 quintal of rice, 20 kgs of potatoes & spice as well as 12 temporary shelters for the affected victims. Till now, out of 11 accused only 2 were arrested. The main accused Asharfi Lal Yadav S/o Tilak Yadav is not yet arrested. In spite of the police protection, the victims are being threatened with dire consequences by the family members of perpetrators.

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Dalit Veerasamy Murder

  • Posted by: Social Awareness Society for Youths-SASY
  • Date of incident: 25-07-2012
  • Create date: 19-03-2014
  • State:: Tamil Nadu
  • District:: COIMBATORE
  • Police station:: Karamadai
  • Chargesheet:: Cr.No: 201/2012, U/s 147, 148, 341, 323, 506(ii), 302 IPC, r/w 3(2)(5) SC/ST PoA act. Date: 26.07.2012, Chargesheet filed
  • Summary::

    Late Veerasamy residing in Arunthathiyar colony, Thekkadi, Mettupalayam taluk in Coimbatore district. He belongs to Arunthathiyar community. He was working as a daily labourer in Ootykarar agriculture land at Devanapuram. He was received Rs.2000/- loan from his owner Eswaran Gowndar for his aunty death expenses.  After his aunty death he was not able to go work because of his family problem. On 25.07.2012 he went to pathrakaliyamman festivel in mettupalaym, while going to temple, he was stopped by Eswaran and he derogatory referred by caste name and brutally attacked. He also attacked him. After that he went to Pathrakaliyamman temple, mean while Eswaran called his relatives and friends, they join together brutally attacked him at Pathrakaliyamman temple back side. Jothikumar and Raman were tried to stop during he was attacking but they did not stop. Since they went to call some other persons for help, when they return he was lay down in the agriculture filed without consious. They called to 108 ambulance and they took him to hospital, while going to government hospital he was died ont the way because of cruelly blood injuries. Karamadai police were filed the case and they arrested three accused. 

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Bonded Labour System and Untouchability Practise

  • Posted by: NDMJ - DELHI
  • Date of incident: 22-07-2012
  • Create date: 15-09-2014
  • State:: Tamil Nadu
  • District:: CUDDALORE
  • Summary::

    Case in Brief:

     

    G. Kalaiselvan (31), resident of Nanchamahathu Vaalkai, Chidambaram Taluk, Cuddalore District, belongs to Dalit Paraiyar community. He and his wife Indumathi(26) have three children. K. Sivakumar (27), resident of Reddiyar Mill Street, Villupuram district, belongs to Dalit Paraiyar community. He and his wife Sivakami (25) have two children. Both Kalaiselvan and Sivakumar families were employed as bonded labours by one Rajendran of Erode district. After some time, both families were bought from Rajendran by one Gurudevan by paying Rs. 85000 to Rajendran for each family. On 09/07/2012, they were taken to Vijayalakhsmi Brick Kiln owned by Gurudevan. On 10/07/2012, Gurudevan, Vijayalakhsmi and Gurudevan’s brother in-law, ordered that Kaliselvan and Sivakumar should not ride bicycle inside the brick Kiln in front of them and they can ride bicycle after going outside the brick kiln. Gurudevan bit them on their face saying, “how dare you para bastards ride bicycle infront of us”. Later Gurudevan and Vijayalakshmi forced them not to send their children school and denied education to their children. Unable to bear the barbaric and inhuman treatment meted out to them, Kalaiselvan and Sivakumar managed to escape from the brick kiln and informed about this bonded labour system practiced by Gurudevan and Vijayalakshmi to the Cuddalore District Collector. In the mean while, Gurudevan and Vijayalakshmi confined their wives and threatened to kill them and their children by forcing them to eat pesticide. Cuddalore District Collector Rajendran Ratnoo immediately informed Erode District Collector and to rescue the families of the two complainers. Hence Kalaiselvan and Selvakumar family members were rescued from the Vijaylakhsmi brick kiln. But no no action was taken against the perpetrators for the commission of such atrocity.

     

     

    Legal Standard Breached:

     

    1.       Whoever compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do \'begar\' or other similar forms of forced or bonded labor other than any compulsory service for public purposes imposed by Government; 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)(vi) of PoA Act].
    2.       Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.[Sec. 342 of IPC].
    3.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 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.       No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to - (a)  access  to  shops,  public  restaurants,  hotels  and  places  of  public entertainment. (15 (2)(a,b) of IC-FR).
    6.       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).
    7.       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].
    8.       Whoever denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to; - - 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)(xiv) 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].
    10.   Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].

     

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