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Rape of Dalit women

  • Posted by: NDMJ - DELHI
  • Date of incident: 23-06-2011
  • Create date: 12-09-2014
  • State:: Jharkhand
  • District:: HAZARIBAGH
  • Police station:: Pataratu
  • Summary::

    Urmila Devi(35) w/o- late.Suresh Munda, is the resident of Sakin Jay nagar in Hajaribagh, Jharkhand. Sanjay Agrabal and Sunil Ram together raped Urmila Devi when she had gone for natures call. Urmila Devi managed to escape from there started to shout and inform people. As Urmila Devi is widow nobody came to her help. With the help of a NGO she reported the incident to police and the accused got arrested. She also has reciedved the 25% of compensation. The case is under trail.

     

    Legal Standard Breached:

     

    1.       Rape is a criminal offence [sec. 376 IPC r/w. sec. 3(2)(v) SC/ST (PoA) Act].
    2.       Punishment for voluntarily causing hurt- Whoever, except in the case provided for by voluntarily causes hurt, 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. 323, 334 IPC].
    3.       Assault or use of criminal force on a woman with intent to outrage her modesty [sec. 354 IPC].
    4.       Uttering any word or making any gesture intended to insult the modesty of a woman [sec. 509 IPC].
    5.       Being in a position to dominate the will of a woman belonging to a SC/ST with intent to dishonor or outrage her modesty [sec.3 (1)(xi) SC/ST (PoA) Act].
    6.       Being in a position to dominate the will of a woman belonging to a SC/ST and uses his position to exploit her sexually to which she would not have otherwise agreed [sec. 3(1)(xii) SC/ST (PoA) Act].
    7.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
    8.   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. 

    3.      Voluntary Causing grievous hurt – whoever, voluntarily causes hurt, if the hurt which he intends to cause grievous hurt [sec. 325 IPC].

    4.      Rape- A man is said to commit ‘rape’ that, except in the case hereinafter excepted, has sexual intercourse with a woman without her will or without her consent [sec.375 IPC].

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Denial of Housing and Harassment of Dalit Women

  • Posted by: Social Awareness Society for Youths-SASY
  • Date of incident: 22-06-2011
  • Create date: 19-03-2014
  • State:: Tamil Nadu
  • District:: TIRUPPUR
  • Police station:: Anupperpalayam police station
  • Chargesheet:: No F.I.R, No Chargesheet
  • Summary::

    Angeripalayam village, in Tirupur District, is home to some 40 Dalit families. This particular settlement started with just 10 Dalit families and grown to nearly 40 families. But they were not given the Housing Patta for a long time. Cementry is located close to this settlement and garbages have been thrown close to this neighborhood. Since this settlement became congested, they were on the search for another housing land near to their area. With the help of Panchayat leader, they found Government Purampokku land in Vengamedu, of Thottipalayam Panchayat. Some two months back, they built thatched houses for settlement. Sampath, who belongs to  dominant caste hindu Kounder community, illegally encroached on the land and was growing coconut trees in that land. He gave a complaint to the Revenue department. Officials from the Revenue Department asked the dalits to remove all the thatched houses and promised them that they will provide housing patta within 60 days and then after they can build their houses in the Vengamedu area. But the officials failed to provide the housing patta even after 60 days.

    On 21/06/2011, they approached the District Collector requesting the provision of housing patta. District Collector promised that he will visit the place on the next day. Hence on 22/06/2011, all the dalit family female members and one muslim family female member under the leadership of Mrs. Pappathi, Mrs. Sarasal, and Mrs. Jarina, went to the Vengamedu settlement area. Sampath and his associates Venkat and Jeyaram started abusing the dalits and referred derogatory regarding caste name. Sampath came with a sword and threatened to kill them, if they are not leaving the premises. Hence all the dalit women left the place. They lodged a complaint against the perpetrators. But the police were negligent to take action against the perpetrators, instead they brokered peace between both the parties. Dalits whose primary concern is to get housing facilities have not persisted for action against the culprits. The District Administration is negligent to provide housing patta for the destitute and poor dalit families.

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Discrimination with Dalits, in the work place

  • Posted by: Dalit Dasta Virodhi Andolan
  • Date of incident: 21-06-2011
  • Create date: 03-03-2014
  • State:: Punjab
  • District:: MANSA
  • Police station:: Mansa
  • Chargesheet:: No F.I.R.
  • Summary:: Rani Kaur w/o Kaka Singh Village- Mankheda Tehsil & District- Mansa. Rani Kaur belongs to Majhabi Sikh” caste which is declared a scheduled caste by Government of Punjab. Village Panchayat of V- Mankheda has been under taken by MGNREGA work. They hired 2 JVC, 4 Tractors with land levelers and 6 tractors trolleys and nearly 45 workers for water conservation in village pond. The MGNREGA workers made a complaint to Block Development & Panchayat Officer, Sardulgarh on17/6/2011 that the panchayat is using the machinery at work allotted for MGNREGA. On 20/6/011 the MGNREGA workers made a complaint to Deputy Commissioner, Mansa who passed an order to the Block Development & Panchayat Officer, Sardulgarh for necessary action immediately. That the undersigned got this information on 21/6/011 through a telephonic call and requested to BDPO Sardulgarh to stop the use of machinery but the BDPO opined that the village panchayat of v- Mankheda is using the funds from some other sources not from the MGNREGA funds. The undersigned put a suggestion to BDPO that when the MGNREGA fund is available for this work then why don’t they used these funds for the other welfare work of the village. BDPO assured the undersigned that he will take necessary actions. On 21/6/011 BDPO Sardulgarh came for the enquiry and inspection in village- Mankheda informed that the workers should come in a group of four as a delegation representative & he will listen to them. In the discussion from the workers (1) Rani W/o Kaka Singh, Caste- Majhabi Sikh ( 2) Sohna S/o Ruda Ram, Caste- Ramdasia (3) Karamjit Kaur W/o Gurtej Singh, Caste- Majhabi Sikh (4) Geja Ram S/o Shiv Ram, Caste- Ramdasia came and others sat behind. The landlords were sitting on the chairs and the Scheduled Caste community were made to sit on the ground. When they protested against the use of machinery the Sarpanch Harjinder Singh & Chota Singh S/o Inder Singh (Jat Sikh) started beating Rani Kaur, her hair was pulled she was given blow & kicks. Giti S/o Davinder Singh (Jat Sikh), Gurvinder Singh S/o Hazura Singh (Jat Sikh) and Chota Singh S/o Mukhtiar Singh (Jat Sikh) beat Sohna Singh & Karamajit Kaur W/o Gurtej Singh mercilessly and they were called by derogatory words & caste name. This incident was happened in the presence of BDPO Sardulgarh by his instigation as he made a signaled to the sarpanch to fight. Soon after the incident the BDPO Sardulgarh left the place & the upper caste sarpanch Harjinder Singh & his henchmen threatened the members of scheduled caste that whoever will stop the use of machinery they will uproot him from the village.

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Denial of Water from Public Well

  • Posted by: Social Awareness Society for Youths-SASY
  • Date of incident: 20-06-2011
  • Create date: 19-03-2014
  • State:: Tamil Nadu
  • District:: TIRUPPUR
  • Chargesheet:: No F.I.R, No Chargesheet
  • Summary::

    Murugampalayam is in Tiruppur Union, Tiruppur District. In Murugampalayam, New colony and Old Colony are home to nearly 200 Dalit Arunthathiyar community families. Government has dug one public well for the people of Kumarapalayam. But the Dalits are discriminated to access water in this well. Caste hindus fetch water in the first place and dalits are allowed to fetch water only after the caste hindus. If any small disagreement broke out, dalits water pots are kicked aside and caste hindus will verbally abuse them referring derogatory regarding caste name by the caste hindu Kounders. Dalits are not supposed to touch the buckets and fetched water of the dominant caste hindus. In Kumarapalayam Mariamman Temple, dalits are not allowed to enter the temple and this untouchability is practised since time immemorial. Dalits of this New Colony and Old Colony, unable to bear this humiliation due to this untouchablity practice and discrimination, on 20/06/2011, met the District Collector and filed a petition to end this discrimination and Untouchability practice. Hence District Collector ordered the Revenue Inspector to investigate this issue. 

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Attempt to murder Dalit brother and sister- Kishanganj

  • Posted by: Centre for Dalit Rights
  • Date of incident: 18-06-2011
  • Create date: 29-11-2013
  • State:: Rajasthan
  • District:: AJMER
  • Police station:: Kishanganj
  • Chargesheet:: not filed
  • Summary:: Kamal Kishore(49) s/o- Chaganlal Regar, is a auto driver who lives in quarter no. 153 in Ajad Nagar, Kotda with his family. On 18.06.2011 when Kamal Kishore woke up in the morning and washing his face he saw Kunja Sharma (45) s/o- Ramdas. Kunja Sharma then asked him why you are looking at me then he replied I am not looking at you. With that Kunja Sharma started to fight and beating Kamal Kishore, Kunja said you are Regar( dalit) why you are staying here I will make sure to take you out of the place and will ask people to kill you. Their Neighbor came and settled them there. But Kamal Kishore and Kunja Sharma were not in good term because Kunja had a bad eye on Kamal’s wife and was misbehaving her. After the incident at 8.30am Kamal Kishore took out his auto and went for work, by the time his sister Sabitri(45) who is the resident of Ashok Nagar, Ajmer and her Son Gyanchandra (22) were also coming to his house after getting the information from Kamal’s wife over phone. Kamal and his sister met on the way near luvkush garden; while Kamal was sharing about the incident to his sister, Kunja Sharma with Umesh Sharma reached there by his auto and started slapping Kamal. When Sabitri Protested and stopped him, he threatened them to take out the gun and kill them. With the fear Sabitri snatched the Auto Key from Kunja and he tried to get it back, when he could not get it he asked them to settle the issue at home. Kamal believed Kunja and asked his sister to give back Kunja’s key. After getting the key Kunja started his auto and was driving towards Anasagar Road when Kamal and sabitri tried to stop him, he stopped there and attacked Kamal with a Knife on the right thigh; he was severely injured and lost his sense. When sabitri and her son came to his rescue Kunja also attacked sabitri and her right palm got injured. With the help of a passer by Sabitri took Kamal Kishore to Jabaharlal Nehru hospital, but because of severe injury he was referred to SMS Hospital, Jaipur. With the fear accused went to police station and report about the incident by the time police get the information from the victim’s family over telephone and arrested Kunja Sharma.

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