Case in Brief:

Melmalaiyanur Union is in Gingee Taluk, Villupuram District. This union includes village panchayats namely Paruthipuram, Kovilpuraiyur, Periyanolambai, Melchevalaambadi and Kundalampattu. The above mentioned gram panchayats except Kundalampattu were reserved panchayats. Hence Dalits were elected as Panchayat Presidents. On 29/04/2011, Block Development Officier of Melmalaiyanur Union, filed a complaint with the Avalurpettai Police Station alleging that K. Rajkumar of Paruthipuram Panchayat, Ms. Pumalli of Kovipuraiyur Panchayat, Annadurai of Periyanolambai Panchayat, Raghupathi of Melchevalaambadi Panchayat and their associates have embezzle the NREGA funds. He arbitrarily filed the case and gave a press report on the same. Based on his complaint all the four panchayat presidents were dismissed by the district administration. The dismissed panchayat presidents filed a appeal at the High Court against this illegal dismissal. Later the Madras High Court dismissed all the embezzlement charges against the four panchayat presidents and reinstated them again as Panchayat presidents.

Legal Standard Breached:

1.       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) of SC/ST PoA Act).
2.       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) of SC/ST PoA Act).
3.        Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, willfully neglects his duties required to be performed by him 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 of SC/ST 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.       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].
6.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].

Arumugam, belongs to Dalit community, is a resident of Harijan New colony, Siruvalai Village, Kaanai Panchayat Union, Villupuram District. He is a member of the Canara bank, located in Nehruji Road, Villupuram. Former Bank Manager is good friend of Arumugam and he advised Arumugam to enlist more number of Saving Account Holders for the benefit of the bank. Hence Arumugam enlisted around 500 new Savings Account holders in this branch. The bank manager provided a certificate regarding this. After the transfer of the Bank Manager, Mr. Venkatachalapathy is appointed as the new bank manager.

Arumugam is not cooperative towards Venkatachalapathy in enlist new saving account holders. Arumugam enquired about the account details of the bank, with the new bank manager. Hence Venkatachalapaoty is apprehensive about Arumugam and as an act of retaliation, he scolded the account holders. The customers reported this abuse to Arumugam. On 29/04/2011, around 11 pm, Arumugam went to the bank and asked a clerk to update the pass book for the A/c No. 2697101009794. Due to previous enimity and animosity, Bank Manager Venkatachalapathy verbally abused Arumugam referring derogatory regarding caste. He pushed him by his shirt and tried to beat him on the public view of the bank customers.

BMS colony is in Sukkampalayam Panchayat, Palladam Taluk, Tiruppur district. Semmiampalayam village is the main PDS Centre, from where ration items were supplied to BMS Colony. Dalits of BMS colony who was working as bonded labourers, were rescued by then District collector in 1999 and given residence in the BMS colony.  Saturday the ration shop distributes goods to the residents of this colony. Here the untoucability practice is widely prevalent, the dominant caste hindus were given first priority regarding distribution of ration items. Only after the distribution to the Dalits can get the remaining stock of the ration shop. Dalits were not allowed to stand in the queue along with the caste hindus. Dalits are discriminated and deprived of the essential items very often. Hence on 19/04/2011, dalits of BMS colony filed a petition with the District Collector and the RDO to initiate against the perpetrators and to end the menace of discrimination and untouchability practice. The district administration promised to take action in this regard.

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.       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).
3.       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].
4.       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].
5.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
6.       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).