Swarna Kumari and Chanti Babu alias Prasad SC Mala by caste are the wife and husband who live in D.Ravulapalem, Allavaram Mandal, E.G.District.  Annamaneedi Jagapathi Rao belonging to Kapu community resides adjacent to the house of this scheduled caste family, separated by an irrigation canal in between.  He owns 60 acres of land.   Jagapathi Rao was sexually harassing Swarna Kumari since three months to fulfill his sexual lust. He used to talk loudly to Swarna Kumari that, he will look after all her needs and give whatever she wants.   Swarna did not yield to his overtures and firmly told him she does not want anything and she was of not that kind.  It is well known in the village that Jagapathi Rao’s father was also a womanizer and trapped many women.  The villagers usually say that, Jagapathi Rao’s father was killed by an SC caste person as he used to misbehave with many dalit women.   In this context, Swarna Kumari even reminded Jagapathi Rao about the death of his father for his lusty deeds and warned him to avoid repetition of such event.  But these warnings fell on a deaf ear and Jagapathi Rao continued his lusty gestures towards Swarna Kumari.

Once, Chanti Babu Husband of Swarna Kumari, caught Jagapati Rao when he was peeping through their window, but Jagapathi Rao escaped from the hands of Chanti Babu. During that time Etakoti Raja Rao SC caste elder and Annamniti Saibabu OC caste elder compromised and settled the issue and Jagapati Rao apologized and pleaded Swarna Kumari to pardon him. After this Jagapati Rao did not come to the field for three days. On 10/3/2011, when Swarna Kumari’s husband was away working in the fields, Jagapati Rao noticed Swarna Kumari coming out for toilet and he caught her and laid his hands on her breasts and said, “What can you do now?” He threatened Swarna Kumari to co-operate, or else she will be raped. He dragged Swarna Kumari towards the hut to rape, but Sarana Kumari resisted and attacked him with a sickle that was in the hut.   As Swarna Kumari was not cooperating and was attacking and shouting, Jagapathi Rao escaped. Some women who were on their way carrying water also have seen Jagapathi Rao escaping through the fields.  Jagapathi Rao went to village and told to the caste elders that Swarna Kumari and her husband attacked him for raising the issue of boundries of their fields.  Jagapathi Rao took 50 of his caste men to quarrel with Swarna Kumari and her husband. Later he went to the KIMS hospital in 108 and registered a case on Swarna Kumari and her husband.  Upon his complaint police came and arrested Swarna Kumari’s husband Chanti Babu. After that, 16 members of dominant caste namely, Annamaneedi Pullaiah Naidu, Annamaneedi Pandiyya, Annamaneedi Yesubabu, Annamaneedi Surya Narayana, Eswar, Suribabu, Yedukondalu , Tikka Dorababu, Ganga Rao, Mandeswara Rao, Rama Rao, Addiyya, Namana Babji,  Namana Eswar Rao, Namana Chinna came to attack  and abused Swarna Kumari and her husband by insulting in the name of  caste.  When DSS came to know about the incident, brought pressure and registered the case U/S 354,342 r/w 149 IPC and 3(i) (xi) of SC/ST (POA) Act in Allavaram PS. 

Sivaraman, a differently abled Dalit youth, belongs to dalit community, is a resident of GandhiKuppam village, Thiruvennainallur, Villupuram district. On 10/03/2011, he went to watch cultural dance programme organized by dominant caste Vanniyar community, his tri-cycle mistakenly hit the by-cycle of one Vanniyar youth. Intolerant vanniyar youths brutally assaulted Sivaraman. On seeing the attack, some 15 dalits came to his resuce, but the vanniyars took them inside the temple and tied them with a rope and brutally assaulted them. Following this Vanniyars turned into a mob, destroyed bus glass windows, street lamp and mobile Idly shop.

The next day on 11/03/2011, affected shop owners lodged false complaint against the dalits for the damage done by the Vanniyars and the Trade Union staged a road block. Police force arrived at the place of protest and brokered a peace and made them to disperse. Police Inspector filed FIR against the Dalit youths and also against the Vanniyar youths. On the same day during midnight around 2 p.m. 15 dalit men and 1 dalit woman were arrested.

Since Dalits were falsely implicated for the acts done by Vanniyars, Dalits staged a protest and road block on 12/03/2011. Police again brokered peace but failed to take against the Vanniyar Perpetrators. Hence on 14/03/2011, staged a protest in front of the District Collector’s office and submitted their Ration Card and  Voter’s ID. District Administration promised to take action against the perpetrators and to provide monetary relief and medical treatment. But till date those promises remain unfulfilled.

Diseased Karu Singh Bhagota (40) s/o Bhutai Singh Bhagota is the resident of Sondaha, Chaparbar Basti, P.O. Tilouya under Banki Bazar police station in Gaya Dist. belongs to Bhagota (SC) community.

On 06/03/2011, Diseased Karu Singh Bhagota (40) s/o Bhutai Singh Bhagota , Devnandan Singh Bhagota (45) s/o Rohani Singh Bhagota, Kiran Kumar (13) d/o Gupta Singh Bhagota, Rajia Devi (41) w/o Rajendra Singh Bhagota, Anita Kumar (14) d/o Balindra Singh Bhagota and 8 other villagers belonging to Bhagota (SC) community went towards Jarkhari mountain to collect leaves. On their way back home at about 4 p.m. the met police station in-charge of Madanpur P.S. along with 100 other police personnel who were in search of the thieves. The police personnel enquired about their background and asked their caste. When the police came to know about their caste, abused them in their caste name and slapped Karu Singh and beat with lathi. The police personnel asked them to go along with them in search of the thieves. The victims were frightened with the behavior of the police personnel. 

While the police personnel were leading them, suddenly there was bullets firing at them by thieve. The police personnel also opened firing at the thieves. It is learnt that for whole night, there was exchange of firings; unfortunately one bullet of thieves pierced into the head of Karu Singh Bhagota thus he lost his life on the spot. On 07/03./2011, the police sent the dead body to Aurangabad Hospital for postmortem.

The villagers tried to block the road on the protest of compensation and justice to the victim’s family. But the police assured them to provide compensation and justice to victim’s family. However so far neither the victim has received compensation from the administration nor has the police taken appropriate step to render justice to victim, rather Devnandan Singh Bhagota was kept in the custody for 3 days in suspension of theft and he was asked to sign on the blank sheet of paper and was set free.

Though the police registered a criminal case against the perpetrator, however SC/ST (PoA) Act was not invoked in FIR. The perpetrator is still on run. The victim’s family has not received any compensation from the administration yet. Still the case is under investigation.

Legal Standard Breached:

1.       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].
2.       Voluntarily causing hurt to and assault or another person is an offence Sec.323 of IPC 342,355. 34 of IPC
3.       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) SC/ST (PoA) Act].
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 [sec. 3(1)(x) SC/ST (PoA) Act].
5.       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].
6.       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].
7.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].

Veluasmy (24), S/o Shanmugam, resident of Pannakinaru Arunthathiar colony, Arasalur, Erode district., belongs to Dalit Arunthathiar community. He was an auto driver. In 2009, he bought Rs. 50,000 as credit for his sister’s marriage from Gowri Shankar, Suresh and Saravanan. He repaid Rs. 25000. When he failed to pay the remaining amount with the interest, the money lenders took away the 25 ton of Tapioca grown in his agricultural field. Hence Velusamy considered that he is no need to pay any more money. But after two days, the money lenders came back to him asking him to pay the interest amount. Velusamy denied to pay, saying he paid more than Rs. 1 lakh for the credit received. Money lenders started threatening him asking to pay the interest amount.

On 06/03/2011, unable to bare the mental trauma due to the repeated torture by the money lenders, he committed suicide in his Grand Mother’s house located in Vaduhapatti. In his letter to the District collector, before his suicide attempt, he mentioned the names of Gowri Shankar, Suresh, Saravanan all belong to dominant caste hindu Kounder community, as responsible for his suicide.

Political parties staged a road blockade requesting to take action against the culprits. Hence Police promised to arrest the perpetrators and arrested Suresh and Saravanan. Main accused Gowri Shankar was not arrested. Velusamy Parents were not ready to lodge a complaint against the perpetrators fearing strong negative reaction from the Kounder community people. Since Arunthathiar community livelihood is dependent on the Kounder community, his parents, relatives and the village members have not come forward to seek justice for the death of Velusamy.    

Mr. M. Suresh, S/o Mr. Muthu Krishnan, resident of Parvathi Puram Dharmasalai, Kuruinchipadi Taluk of Cuddalore District, died due to physical torture of Vadalur Police Staffs led by Sub-Inspector Mr. Elango.

Muthu Krishnan, friend of Suresh, murdered one Senthil kumar, with whose wife, Muthu Krishnan was having illicit affair. As Senthil Kumar came to know the affair, Muthu Krishnan planned to murder Senthil Kumar and murdered so. Muthu Krishnan gave the Senthil Kumar’s mobile to Suresh and told him that he murdered Senthil Kumar. Since he was using the mobile of the murdered Senthil Kumar, and he also knew the murderer, Suresh started to freak and went to Chennai, on the behest of his son’s medical treatment.

On 02/03/2011 Vadalur Police men led by Sub-Inspector Elango, arrested Suresh at Kolathur and started beating at the very place of arrest. Suresh was  brutally assaulted by the police and he was seriously wounded. On 04/03/2011 Cuddalore  Judicial Magistrate gave order for remand of Suresh even without his presence. Remand request for Suresh was granted without proper medical checkup. When Suresh, Muthu Krishnan and Sangeetha W/o Senthil Kumar, were taken for imprisonment at Cuddalore Central Jail, Jail Warden on realizing the health condition of Suresh due to physical evidence of torture, recommended medical treatment for Suresh.

Suresh was admitted in Cuddalore Government General Hospital on 04/03/2011 at 02.00 a.m. On 05/03/2011 around 12.30 pm. Suresh died due to breathing problem. FIR has been filed, Cr. No. 119/2011, U/s 176(1)4 Cr.P.C.