Mr. Sellamuthu belongs Dalit community. He was working as a honey collector in local areas. He went to wine shop on 22.05.2012 at moolanur. He was sat on the chair and he was drunken a wine. Meanwhile Senthil belongs to caste hindu came to the bar. When he saw the sellamuthu sat on the chair. He thought that shame to him because dalits not sat the chair in front of caste hindus. Since he derogatory referred by caste name, and how dare dalit can sit on the chair infront of caste hindu then he soughed and he pull him to road side he brutally attacked sellamuthu and he tried to kill him. Then public called police and ambulance they rescued sellamuthu from road side and sent him to hospital. Police not willing to file case against caste hindu and they tried to compromise the case. Hence police not registred case against caste hindu at Tharapuram in Tiruppur on 22.05.2012.

Case in Brief:

K. Palanisamy (43) resident of Ranganathapuram, Nambiyur Town, Gopi Taluk, Erode district, belongs to Dalit Arunthathiyar community. He is a cobbler and was having a Foot wear shop at the Government Poromboke land for the last 20 years. Along with him, Anandhan, Sankaran, Chinnapalani,        Kanagaraj and 5 other dalit families who were cobblers were having Chappal shop near the Nambiyur Bus stop and close to the Panchayat office. Since 2008, Highway department officials, Panchayat presidents belonging to Caste hindus and district administration exerted pressure on this cobblers to vacate the premises. When they asked for other alternate land to continue their livelihood, the officials refused to help them in this regard. As caste animosity was triggered due to denial of Marriage Hall to Dalit Mariappan, caste hindus refused to rent shops to these dalit cobblers. But the Highway and District officials, ignored the Non-veg shop owners belongs to dominant caste hindu community, who were having shops near to the dalits’ shop. The caste hindus shop owners were not given instruction to vacate the premises.   

Highway and local authorities frequently harassed these dalit shop owners to vacate the premises. These dalits filed petitions with the district collector requesting for the provision of alternate land or to permit them to retain their shops at the same place. But the district administration failed to do the needful. Unable to bear the harassement, all the dalit cobblers except Palanisamy, vacated the premises jeopardizing their livelihood. But palanisamy fought for justice and was persistent in his request for alternate land, eventhough he was threatened that they will demolish the shop. On 21/05/2012, when Palanisamy went to submit a petition with the district collector, Nambiyur VAO Velayutham, Revenue Inspector Nawab brought a JCP Bulldozer and demolished his shop. Palanisamy filed a complaint with the Nambiyur police station regarding this demolition. But the police officials refused to register the complaint and were negligent to take action. Hence Palanisamy, VCK Party members and other dalit solidarity groups staged a protest demonstration to take action against the erred officials. But the police arrested the dalits who participated in this protest and only gave the complaint received copy. Though the district collector gave an order for the provision of alternate land, but till date Palanisamy was not given any alternate land to sustain his livelihood

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 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).
5.       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].
6.       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].
7.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].

Jagga Singh S/o Rudha Singh, Age-52, R/o Village & Post office-Jagdev Kalan, Tehsil-Ajnala, District- Amritsar belongs to “Majhabi Sikh” caste which is declared as a Scheduled Caste by the State Government of Punjab.

July 2012, landlord Tarsem Singh S/o Surta Singh Village- Jagdev Kalan, tehsil- Ajnala, District- Amritsar who belongs to Caste “Jat Sikh” an upper caste has employed him in his agriculture work to work as a “Siri”. He was working in the fields including the cattle work. When Jagga singh joined work of Tarsem Singh, he was given Rs. 40,000 (Rupees Forty Thousand) which he spends for the treatment of his wife and spent for other purpose of house. Tarsem Singh fixed his annual wages Rs. 37,000 (Rupees thirty seven thousand). He worked day & night during the season of wheat and paddy transplantation. After the season he worked from 5 a.m to 9 p.m for the employer including three times meals.  Tarsem Singh did not allow him for weekly rest or any leave for sickness or have any other necessary work in his house. When Jagga Singh did not go to his work then Tarsem Singh imposed fine on him according to his wish and adds this amount. Jaga Singh is diabeticwhenever he demanded his wages from the employer he was paid only Rs.400 (Rupees four hundred) for his medicine instead of this amount the employer has never paid his wages, over time, weekly rest or earned leave. His wife Bholi is working as a domestic worker in another house & his son Sher Singh is working outside as a driver, they are managing the expenses of his house. In October 2012 when Jagga Singh was seriously ill he requested to Tarsem Singh that he do not wish to continue his services with him as he is not physically fit to do his work. When he requested Tarsem Singh to pay him his earned wages he abused him and threaten him that he will not pay him any wages but Jagga Singh will have to pay bonded debt of Rs. 45000/-. Now the employer is demanding Rs. 45000/- as bonded debt amount and threaten him that if he will not pay the bonded debt then he will forcibly took the possession of his residential house and will through him and his all family members outside.

The employer had taken hard  labour from the son of Jagga Singh, whose name is Jodha Singh (Age-16 years). He brought him forcibly and took work from him continuously for ten days when he saw that he is not fit to work like an adult then he sent him back to his house. The employer threatened to Jagga Singh that if he will not pay him the bonded debt he will forcibly took work from a person of his family. Jagga Singh is not well and he does not want to continue his services with Tarsem Singh but Tarsem Singh is forcing him & his family members to work for him up till the bonded debt clear otherwise give him their residential house. The employer came to the house of Jagga Singh and demands the bonded debt from him and his family members and abusing them on caste basis. The complaint for their release and rehabilitation has been sent to DM Amritsar. DDVA filed a complaint to National Human Rights Commission New Delhi on dated 21 November 2012. Know Desa Singh physically free and also free from bonded debt.

There is a tea shop in front of the house of the victim. The accused used to have tea on the tea shop and eve tease the girls those who pass by the shop. When the victim saw that, he objected to it. So the accused abused him in the name of the house, they forcefully entered the house, threatened to kidnap the ladies of the house. They looted Rs.4000 and wrist watch from the victim and ran away by Gun firing.

Legal Standard Breached:

1.       Uttering any word or making any gesture intended to insult the modesty of a woman [sec. 509 IPC].
2.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
3.       General recommendation 19 of CEDAW relates to gender-based violence and recommends amongst other things that states should take all legal and other measures that are necessary to provide effective protection of women against gender-based violence including effective legal measures (including penal sanctions), preventive measures (including public information and education programs) and protective measures.