D. Gokulraj (24), resident of Nallaur village, Vaanur Taluk, Villupuram District, belongs to Dalit Paraiyar community. On 26/05/2011, he went along with friends to Uppuvelur village to attend his friend’s marriage. During the time, Gokulraj attended the Droupathiamman Temple and he participated in the Fire entry ritual and entered the temple. On noticing this, Vanniyar community youths led by Tamil Selvan brutally assaulted Gokulraj with iron rods and wooden logs, saying, “how dare you paraiya enter our temple, where dalits are prohibited to enter the temple. Gokulraj sustained severe injury all over his body. But he have not revealed about this assault to his friends. During the evening Gokulraj  and Sudhakar (Dalit paraiyan community and resident of Nallaur village), went to watch the dance festival. At that time, the dominant caste hindu vanniyar community youths noticed them and intimidated them. Gokulraj managed to escape from the attack. The perpetrators brutally assaulted Sudhakar with deadly weapons like iron rods and wooden logs. Police Inspector Mr. Mani and Sub Inspector Veera Sekar, who came to the rescue of Sudhakar were also man handled. Sudhakar sustained severe injury in his head and all over the body. As the blood was gushing out of his head, police called the emergency ambulance. But the ambulance on arrival, refused to pickup Sudhakar, saying that he had not sustained grievous injury. Hence Sudhakar was taken to the Government Hospital in a two wheeler. He received treatment for nearly two days. On returning from hospital, Arujunan relative of Sudhakar who enquired about the health condition was also attacked by caste hindu mob. Atrocity case was registered against the perpetrators. Later the case was compromised and closed in the police station.

Hari Choudhry (48) s/o Shakhi Choudhry is the resident of Walabigha village, P.O. Dona under Hasua police station in Nawada Dist. belongs to Mushahar (SC) community.

On 25/05/2011, at about 3 p.m. Vinod Yadav & Shiya Yadave s/o Mahavir Yadav, Dharmendra Yadav s/o Rajkumar Yadav, Munna Yadav s/o Rameswar Yadav went to victim’s house to drink Tadi (juice collected from plants/tree). The victim asked them money for Tadi and also the previous due Rs. 200/-. The accused persons got irritated, abused and threatened to kill him if he dared to ask money further.

On the same day, the assailants namely Vinod Yadav & Shiya Yadave s/o Mahavir Yadav, Dharmendra Yadav s/o Rajkumar Yadav, Munna Yadav s/o Rameswar Yadav, belonging to OBC community, went to the terrace of victim while they were asleep at about 10.00 pm. The assailants tried to molest and rape Phul Kumari Devi (45) w/o Hari Choudhry. Meantime her husband got up on hearing the noise. When the couple objected to the criminal act, the assailants caught hold of Hari Choudhry and threw him down from terrace; as a result he was seriously injured.  Now the he is under treatment in P.M.C.H, Patna

A case was registered in Hasua police station on 25/05/2011 against the assailants as No. 103/11, u/s 341,323,326,307,448,379,505 IPC & 3(1)(x) of  SC/ST (PoA) Act., the police have not arrested any of the accused. The perpetrators give threat to the victims to withdraw the case or else they would kill them. 

Legal Standard Breached:

1.       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].
2.       Assault or use of criminal force on a woman with intent to outrage her modesty [sec. 354 IPC].
3.       Voluntarily causing hurt to and assault or another person is an offence Sec.323 of IPC 342,355, 326, 327, 34 of IPC
4.       Voluntary grievous hurt with dangerous weapons is an offence under sec. 326 IPC, and any person who commits any offence under the Indian Penal Code punishable by imprisonment for a term of 10 years or more against a member of a Scheduled Caste, shall be punishable with imprisonment for life and with fine [sec. 3(2) (v) of SC/ST (PoA) Act].
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 [sec. 3(1)(x) of SC/ST (PoA) Act].
6.       Whoever, being a public servant but not being a member of a Scheduled Caste or Scheduled Tribe, willful neglects his/her duties required to be performed by him/her under the Act, is guilty of an offence [sec. 4 SC/ST (PoA) Act].
7.       Uttering any word or making any gesture intended to insult the modesty of a woman [sec. 509 IPC].
8.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
9.       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.