Case in Brief:

K. Pranaesh Anand (16), s/o K. Kaliyan, resident of Aathur village, Thirunavalur union, Ulundurpet Taluk, Villupusram district, belongs to Dalit Paraiyar community. He was pursuing his 11^th std in the SRV Higher Secondary School, located in Rasipuram taluk, Namakkal District by staying in the school hostel. On 12/04/2011, 06.05am while Kaliyan is in election duty, he received a call from the SRV school hostel complaining that his son was evil and asked him to come soon. Since Kaliyan was on his election duty, he asked the informer to convey the news to her wife. Again after 10 minutes, he received a call saying that her wife (mother of Pranesh Anand) mobile was not reacheable and asked him to come to the school without delay. Hence around 07.05, Kaliyan managed to get leave from his higher authority and got ready to go to SRV School. He called back the number and sought the updation on his son’s health condition, they told that Pranesh Anand died in the hospital. On reaching hospital, Kaliyan found that his was strangulated to death and found fluids ran from his sons nostrils. When enquired about this to the warden and the hostel inmates, they told that his son had breathing problem in the early morning around 05am. As his breathing trouble persisted he was taken to the hospital and died before reaching the hospital. The suspicion of murder grew stronger when Kaliyan noticed nail cut marks in one of the hostel mate of Pranesh Anand. Even before the tragedy, Pranesh complained about the sexual harassment of the hostel warden and the caste discrimination by the fellow inmates. In the school notice board the students scored marks were displayed along with their community name. As Kaliyan and his relatives protested and refused to receive the body seeking a fair investigation in the suspicious death of his son, Police officials promised a fair investigation in the death and severe action against the culprits.

Legal Standard Breached:

1.       Whoever causes the death of any person by doing any rash or negligent act not
   amounting to culpable homicide, shall be punished with imprisonment of either
   description for a term which may extend to two years, or with fine, or with both.[Sec. 304A of IPC].
2.       Murder is an offence punishable under section 302 IPC, and any person who commits any offence under the section 302 IPC 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) SC/ ST (PoA) Act).
3.       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).
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].
7.       No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].
8.       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).

Case in Brief:

T. Ramakrishnan, resident of Harijan Colony, Gandhipuram, Bhavani Taluk, Erode district, belongs to Dalit Arunthathiyar community. He was working in a Areca Palm godown located in the Vathiyar Thottam, Brahmadesam. He happened to work for nearly 16 hours a day for a daily wage of Rs. 100. He worked there for the last three years. Since the areca palms were baked with sulphur powder, he developed allergic scratches all over his thighs. Hence he quit the job. But the owner’s son Venkatesh threatened him of dire consequences if he refuse to work here and told that he won’t allow him to get job anywhere in that area. But considering the health condition Ramakrishnan quit the job. On 12/04/2011, 5pm while Ramakrishnan was returning home along with his nephew Kulanthai velu, Mani s/o Chinnayan Kounder, Seenu, Murugan and Venkatesh interrupted them and asked Ramakrishnan to get inside the Sprinter plus vehicle. As Ramakrishnan refused to go with them, they accused him of stealing the areca palms from the godown. They assaulted him and pinched him with the large needle. As Kulanthaivelu came to his rescue, he also was brutally assaulted by the perpetrators. Then they took him to the Vathiyar Thottam (Farm House) and brutally assaulted him. On knowing the incident through Kulanthai velu, the dalits of the village came to the farm house to rescue Ramakrishnan. On knowing the arrival of the villagers, the perpetrators took him to another location and again brutally tortured him. They verbally abused him referring derogatory regarding caste name and forced him to accept that he stolen the areca palms. The perpetrators took him to another location and tortured him for the next three days. Then they took him to the Veppampalayam Police Station of Karur district and threatened him to accept that he stolen the areca palms from the godown. Then Ramakrishnan was taken to the Andiyur Police station, there the police men threatened to kill his brother Ramasamy if he refuse to give affidavit of commissioning the theft. The Dalits of the village gathered infront of the station seeking the release of Ramakrishnan. Due to the intimidation and threat, Ramakrishnan gave a statement as if he had stolen from the Areca palm godown. Then he was referred to the Andiyur government hospital for medical assistance. The negligent police officials have not arrested the perpetrators and filed a case against them. Later this case was compromised at the kangaroo court convened by the Andiyur police officials.

Legal Standard Breached:

1.       Causing grievous hurt with dangerous weapons is an offence punishable under section 324 IPC, and any person who commits any offence under the section 324 IPC 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(2)(v) SC/ ST (PoA) Act).
2.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC
3.       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).
4.       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).
5.       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) SC/ST PoA Act).
6.       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) SC/ST PoA Act).
7.       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].
8.       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).
9.       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].
10.   Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
11.   No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

Kappari Divya (12yrs), SC Budagajangam by caste, is the daughter of Kappari Venkateswara Rao.  They are the residents of Hamali colony, of Mekavanipallem gram panchyat of Machilipatnam rural mandal in Krishna district.  Venkateswara Rao and his wife are street vendors of steel utensils in exchange of old clothes.   Divya takes their goat for grazing daily. As usual she took the goat for grazing on 12/04/2011 around 9.00 am in the morning to the nearby bushes.  But she did not return to the house before dusk.  As it was late in the night and since Divya has not returned, her parents searched for her, but in vain. On the next day i.e. on 13/04/2011 they went   to the Machilipatnam Rural PS and lodged a complaint. While they were in the police station, received information that the goat was traced out and it was with a broker.   Divya’s father went to the broker and enquired about the goat and has come to know that it was sold by Parnam Pandu Ranga Rao (35), OC Kapu by caste, of Chilakalpudi an adjacent area to Hamali colony.  Divya’s parents informed the matter to the police. The police took Pandu Ranga Rao into custody and brought him to the police station.  In interrogation, he confessed that he raped Divya and strangulated her to death with her towel and buried her.   The body was exhumed from the place showed by Pandu Ranga Rao and was sent for post mortem. Based on the complaint lodged by Divya’s father, a case was registered bearing Cr No 64/2011 U/s 302, 201, 376 r/w 511 of IPC on 13/04/2011 in Machilipatnam Rural PS of Krishna district. 

K. Selvam (28), Kodikkal parai, Perungaapur, Gingee Taluk, Villupuram district, belongs to Irulas tribal community. He is a working as a Tata Ac driver, vehicle owned by M. Subramani, belongs to dominat caste hindu Vanniyar community. On 09/04/2011, as Selvam fell sick he took leave and was at home. But Subramani asked to come for work. As Subramani insisted Selvam to report for work, Selvam asked his nephew Prabhu to drop him at Jeyasakthi Welding workshop, Gingee. Hence Prabhu and Selvam went to Gingee to meet Subramani. As they reached the Jeyasakthi workshop, Subramani verbally abused Selvam for not reporting for work and verbally abused Prabhu for hiding Selvam. Then Subramani brutally assaulted them. Hence Selvam and Prabhu were admitted in the Gingee Government Hospital. Later they filed a case against Subramani at the Gingee Police Station. In the mean time the perpetrator Subramani lodged a false complaint with the help of his wife Jaya for threatening and criminal indimidation. Later in this Subramani was arrested and Prabhu received interim compensation of Rs. 25000.

Legal Standard Breached:

1.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC
2.       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).
3.       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).
4.       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].
5.       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 - the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (Art. 15(2)(b) IC-FR).
6.       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).
7.       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).
8.       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].
9.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
10.   No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

V. Palani (55), resident of Vengamedu, Perundurai Taluk, Erode District, belongs to Dalit Aruthathiyar community. He is a daily wage labour. On 06/04/2011, he and Fencing Contractor M. Arumugam, went to Selamandampalayam to fence the agricultural land belongs to Shanmugasundaram Kounder. Palani, Arumugam and 9 other members were digging holes to fence the lands to separate the lands of Shanmugasundaram and Swaminathan Kounder. On noticing their activity, Palanisamy kounder, his wife Papaathi and his son Thirumoorthy verbally abused them saying, ‘you sakkili sons of prostitutes,why are digging holes and fencing the land?, this land is under court case and ran away from this place”. Palani replied we are just labours, if you have any objections, speak to the land owners”. Infuriated  Palanisamy again verbally abused them saying, “ you sakkili how dare you speak against us and disobey our orders?”. Then

Palanisamy, Papaathi and Thirumoorthy pelted stones targeting the people who were engaged in fencing. Palani sustained serious injury in his hand and sustained injury all over his body. Arumugam was also injured. On seeing this onslaught, Shanmugasudaram rushed to the village to bring the people. As the villagers arrived, the perpetrators ran away from the place of incident. Palani and Arumugam, filed a complaint with the Chennimalai Police Station. The Police gave a complaint received copy but refused to file a FIR against the perpetrators. On enquiry about the denial of case registration, DSP replied this is a fake complaint. Due to their enmity Shanmugasundaram and Swaminathan, instigated Palani to file this case against the perpetrators. Palani was admitted in the Erode Government Hospital and received treatment for two days. Police who were negligent and bias in favour of the perpetrators, failed to file the case and arrest the perpetrators.