Deceased Harendra Gouda is resident of Vilashpur village under Bhagwanpur police station in Siwan Dist. belongs to Scheduled Tribe community. 

On 11/02/2011, some students from Scheduled caste community, while going in a procession to immerse lord Ganesh, some dominant caste youth obstructed them on the way at Bhikhanpur an adjacent village and did not allow them to proceed a head, because of untochability practice. Hence the students informed the matter to Harendra Gouda over phone, who went instantly to the place and tried to solve the matter. However the irate youth from dominant caste beat him to death.

A criminal case was registered in Bhagwanpur police station on 11/02/2011 against the murderers as  No. 17/11, u/s 147/ 148, 149, 341, 323, 302 IPC & 3(1) (x) of SC/ST (PoA) Act.,  however proper sections of SC/ST (PoA) Act., was not invilked in FIR. The perpetrators are on run now. None of the perpetrator is arrested in this case. The victim has not received any compensation from the administration. Charge sheet is not filed.

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.       Unotuchability has been abolished and its practice in any form is forbidden [Art. 17 IC].
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 (b) the use of… places of public resort maintain wholly or partly out of State funds or dedicated to the use of general public [Art. 15(2)(b) IC].
4.       Whoever on the ground of untouchability” prevents any person from entering any place of public worship which is open to other persons professing the same religion or any section thereof as such person, commits an offence [sec. 3 (a) PCRA].
5.       Any non-SC or ST person who denies or obstructs a member of a Scheduled Caste so as to prevent her/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, commits an offence [sec. 3(1)(xiv) SC/ST (PoA) Act].
6.       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].
7.       Voluntarily causing hurt and assault of member of a person is an offence [sec. 323 & 352 IPC].
8.       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].
9.       Everyone has the right to life, liberty and security of person [Art.3 UDHR, Arts. 21 Indian Constitution and Art. 5(b) CERD].
10.   Freedom of thought, conscience & religion, being the right to profess, practice & propagate religion [Art. 18 ICCPR, Art. 6 (a) Declaration of the General Assembly and Art. 5(d)(vii) CERD].
11.   The Commission on Human Rights urges States \"To ensure, in particular, the right of all persons to worship or assemble in connection with a religion or belief [Art. 4 (d)].  

Ganapathi (55) S/o Thoanthi, belongs to Dalit Community was residing at Maniampattu Village, Mailam Panchayat, Gingee Taluk, Villupuram District. Shankaraparani River is flowing close to his village. Rajabathar, village panchayat president, Selvam (40), Jeyaprakash (27), Velu (27) and Kamala kannan belongs to caste hindu community were indulging in sand stealing in the R. Shankaraparani. Ganapanathi was critical about this practice and was blaming the above mentioned people for the sand theft. Hence the above mentioned caste hindu people developed apprehension towards Ganapathi. In this scenario, on 10/12/2011 they kidnapped him and murdered him by assaulting him brutally with iron rods and wooden sticks. Then they took him  in motor bike and threw the murdered Ganapathi in a well, which was noticed by one Muniammal.

After searching for two days, Ganapathi’s son Mr. Venkatesh, lodged  a complaint to the Police regarding his father’s absence. A kidnap case was filed in the Gingee Police station u/s 365, 302 of IPC. On 14/02/2011, after due investigation the murder episode came to light that the Selvam has murdered and thrown Ganapathi in to the well. Police reached the place of occurrence and sent the body for post mortem. 

The village Vaghashi falls in Anand district and 15 K.M. away from the district place. The village is developed. There are families of different communities like Patel, Thakor, Vaghri, Raval, Christian, Rohit, Harijan etc. The village has got water works, primary school, high school, bank, primary health centre. In general the village seems to be peaceful. The total population of the village is around seven thousand. Around, 200 houses of patels and 500 houses of Thakor community in the village. Other communities are less in numbers. Thakor and Patels are dominant class in the village.

Nehaben alias Nayanaben D/O. Muljibhai Ranchhodbhai Parmar, a resident of village Vaghasi, Ta- Anand, District Anand belongs to scheduled caste. Victim of the incident was working in a factory at Gopalpura, where the accused also was a worker. The accused Sanjaybhai Chauhan  told her that he is in love with her. Thereafter, the accused gave a false promise to the victim that he would marry her. After taking her into confidence, that he would marry her, the accused took her away and rape her time and again against her will at different places like Vadodara, Culcutta and other places. After some days she was left by accused.  The accused told her that his family members are not ready and willing to accept her as wife because she is from dalit community. Finally the victim filed FIR against the accused and police registered the offence under section 366, 376 of the IPC and section 3(1) (xii) and 3(2) (v) of the SCST Prevention of Atrocities Act.

Thomas Edison Paul (17), S/o John Paul, was studying +2, in St. Annal Higher Secondary School, Tindivanam. He belongs to Dalit community and his native is Kangapattu village, Vattakulam Taluk, Tiruvannamalai District. He was studying +2 by staying in the School Hostel. On 08/02/2011, around 10.20 p.m. Edison’s mother Mrs. Paulina, received a call from the School, asking whether Edison is in their home. They said that Edison was not present in the class and in the hostel for the last two days. Then again around 10.40 P.m. one from the School hostel, called her and told that their son committed suicide by hanging himself in his room.

When Edison’s parents enquired about the suicide of their son, the school administration turned apprehensive to tell the truth. The Police Department was negligent to act on the tragic death of the student. On close scrutiny of the Edison body, their parents found some cut marks and wounds on his hands. His last letter he wrote was also the remains of a torn paper. School staffs have not allowed the parents and relatives to interact with the students and friends of Edison. 

Edison parents was suspicious that their son might have been died due to corporal Punishment, and they might have hanged him to cover the murder. School Administration and the Police Department were negligent and non-cooperative, to tell the truth regarding the death of the student.