Alina village is situated in Mahudha taluka of Kheda district. The total population of the village is roughly 11,334. 417 people are of Dalit community, approximately 325 people are tribals, and Christian families are around fifty. There are around 200 houses of vaghari community. Tribals are working in the field of patel community.

The victim is staying with her uncle since her father is no more. She has studied till Std. 5^th. She had some problems. Her uncle took her to the hospital but did not get cured. Thereafter, some people told her grandmother that there is one person who is giving treatment and people get cured. So her grandmother took her there, the accused did some work and called them again. As told by the accused they went again to the accused. On 19/04/11 the accused made all other people far away from his house and thereafter he took her inside the room and raped her. The accused threatened her that if she tells anybody he would kill her family members. So the victim did not tell anybody but when she did not get her period, she was asked by her grandmother then she narrated everything.  On coming to know regarding the incident victim was taken to police station and gave complaint against the accused and police registered the offence under section 376, 506(2) of the IPC and section 3(1) (xii) and 3(2)(5) of the SCST Prevention of Atrocities Act.

Case in Brief:

Thaiyur village, in Gingee Taluk, Villupuram district, is home to nearly 350 dalit paraiyar community families and 750 caste hindu Vanniyar families. In this village there are two hindu temples, namely Sakthi Vinayahar Temple and Thaduthandavar Siva Temple. Both the temples which are common to both the community, are located in the Vanniyar infested area. For the last the 50 years, conflict used to rise over which community can conduct the festival in the first place. Every year during the festive season, the confict was resolved by allowing a child to choose from the two chit having the names of the two community. The chosen community was given the first priority to conduct the festival. Every year the temple festival and Ambedkar Birth day were celebrated by the dalit community. Hence on 14/04/2011, when the dalits approached the Police officials seeking permission to conduct the festival. But the police department refused to grant the permission and asked them to celebrate next year. But the Vanniyars decided to conduct the festival and as the dalit community opposed their move. Vanniyars filed an appeal with the High court and got an approval to conduct the festival. Dalits were denied to conduct the festival but the dominant caste hindus were given approval to conduct the festival with the due support and protection of the police department.

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, 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].
3.       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).
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.       No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

Kanikkapatti village, Tarapuram Taluk, Tirupur District is home to nearly 140 dalit Arunthathiyar families. Most of the families were land less casual labourers. In this village, there is separate cemetery for the dominant caste hindu Kounder community people. Dalits were allotted separate cemetery by the government, which in itself is discriminatory and practice of un-touchability in nature. The people from Kounder community uses the dalits cemetery, but they won’t dalits to use their cemetery. In this scenario, one Sabaes, belongs to Kounder community laid a road through the dalits’ cemetery land to his farm land.

On 16/04/2011, all the affected 140 dalit families staged a protest and road block, opposing the encroachment and requesting its removal. Hence Tarapuram Thasildar Mr. Samyappan reached the place and promised them to take action regarding the encroachment. On the objection of the government officials, road laying work was stopped as a immediate solution. Police is negligent to take action against the encroacher. He was given only oral warning regarding the encroachment. 

Nathiya (25) w/o Veeran, resident of P. Maambakkam, Ulundurpet Taluk, Villupuram District, belongs to Dalit Paraiyar community. On 28/03/2011, Nathiya was admitted in the Ulundurpet Government Hospital for her third delivery and LSCS with sterilization was done to her on the same day. But she was feeling well from the day of sterilization and her health condition deteriorated steadily. But hospital staffs discharged her on 06/04/2011, saying the deteriorating health condition can be addressed with some tablets. From the day of discharge, she health condition became poor, she complained about stomach pain and developed severe allergic rashes. Hence she was admitted again in the Ulundurpet Government Hospital on 09/04/2011. Doctors said that one of the nerve was missed during sterilization and they again conducted one more operation on 14/04/2011. On 15/04/2011, in the hospital, she went to the bathroom for urination, but fainted and collapsed to death. As she have not returned for long, hospital staffs broke open the bathroom door and found her dead. During the same day, hospital staffs took her body and forcefully thrusted Veeran(Husband of Nathiya) and left her body in their house at P. Maambaakam. Considering this medical negligence and death due to wrong treatment, relatives and  villagers staged a protest to take action against the erred doctors. Nathiya’s body was taken for post mortem. As the police and the hospital officials promised to take action against the erred doctors  for medical negligence and to provide compensation for the death, the protestors withdraw the demonstration and collected her body and conducted the funeral.