A Dalit woman sarpanch, Sajna Devi (30) w/o Kahneya is residing at Tankawas village, under Sawar police station in Ajmer Dist. belongs to Scheduled Caste (Khatik) community. She has been elected as sarpanch of Tankawas Gram Panchayat. She has two kids, one boy child and one girl.

On 10 March, 12 at about 4.30 p.m., while Sajna Devi was washing utensils at home, Naib sarpanch Ramanarayan Loda (50) s/o Sugna Loda, Chiranjilal s/o Ramanarayan Loda and 6-7 other persons, belonging to dominant caste reached victim’s house unexpectedly and started abusing in caste lines. They also abused her husband and brother in-law in caste lines and said that they would break their hands and legs if they find them.

On hearing, the victim went out of the house. The accused persons threatened her to resign from sarpanchship and leave the village and then they pushed her in public. Sajna Devi fell down on the ground with half naked. On seeing that, her neighbours namely Durgalal s/o Gopilal, Ganapat s/o Ghisha Loda and Pushpa w/o Kalu rushed over there and rescued her. The perpetrators while going back threatened the victim to kill her husband and brother in-law, wherever they find them. They would not allow Sajna Devi to execute her responsibilities, because she is a dalit woman.

She informed her husband, who was at Sawar about the matter over phone. He also informed the matter in Sawar police station. A.S.I went to the spot; meantime the accused persons already escaped from the place. When her husband returned home back, she narrated whole incident to him and then they went to Sawar police station to lodge complaint against the accused persons.

However, the police did not register their complaint. So on 11 March, 12, the victim met Superintendent of Police with a written complaint, still the case was not registered. However, with the intervention of CDR, a local human rights organization, the case was registered on 10 March12, case no. 28/12, u/s 504/354 IPC & 3(1)(x) of SC/ST (PoA) Act. However, the police did not take any action against the accused persons on this case.

Ramanarayan Loda, the accused is a very influential person and also a habitual offender. There are numbers of cases against him. Still he is moving free.

Madhugadh village is situated in Kheralu taluka of Mehsana District. Most of the villagers are from Thakor Community and the belong to non-schedule cast whereas there is a only family of the complement belonging to schedule cast is living in the village. On the day of incident the complement and his wife went to the milk co-op. society to sell milk at that time Secretary of the society Iswarbhai and Thakor Himmatsingh Bhikhaji, Thakor Ramaji Jivaji, Thakor Lalaji Bhikhaji etc. had abuse the wife of the complement and insulted her. Stating abusive words regarding her caste, therefore the complaint was registered in the Kheralu Police Station.

To pressurize the complainant and his family to compromise with the accused persons.  The villagers with the help of above accused person made a social boycott of Dalit family. The boycott went on for nearly 3 months. The villagers stopped giving anything to the Dalit family. The complainant and wrote to DSP of Mehsana for the protection of the family and claimed compensation from the government.

The said incident was reported in the news paper, thereafter the collector of Mehsana initiated legal proceeding and after the intervention of Media, Social Originations and Government Officers, finally boycott of Dalit family was ended after laps of 3 months. 

Ranju Devi w/o Kariman Betha, Kaitul Kumar s/o Kariman Betha is resident of Hullasi colony, under Manner police station in Patna belongs to Dhobi (SC) community and a daily wage labourer. The victim lives 200 mt. away from the house of accused in the colony. 

On 16/02/2013, in the morning, while the victim Ranju Devi washing face in the courtyard of her house, the water drained towards perpetrator’s house, which irritated them. So Paramatma Rai, Atma Rai, Manoj Rai, Nawal Rai sons of Dev Prasad, Sanjay Rai s/o Shiyaram, Rajesh Rai s/o Nawal abused Ranju Devi and dragged her out. They took her to the outskirt of the colony and stripped her naked and thrashed mercilessly. The family members of the victim rushed to the spot in her rescue but the assailants attacked them too. All the villagers remained mute in fear of the assailants. Ranju Devi ran door to door to hide her nudity, but the villagers shut their door down. She cried out for help. On hearing the cry, the Sarpanch Raghubans Prasad s/o Mishrilas Rai went and rescued her.

With help of Sarpanch, the victim registered case against accused persons in Manner police station on 16/02/2013, as No. 60/13, u/s 147, 148, 323, 354, 447, 504 IPC & 3(1)(xi) of SC/ST (PoA) Act. Initially police did not entertain her complaint and even the complaint of Sarpanch. It is leant from victim that police is trying to hush-up the case and harassing the victim to compromise. The police did not record the statement of victim as she narrated rather took her finger print on a blank sheet of paper. The accused persons are harassing the victims to withdraw the case or compromise or else they would burn the house of victim and kill them. The victim’s family feels insecure to live in the colony because of the threat of perpetrators. The victim family has not received any compensation from the administration.

Legal Standard Breached:

1.       Voluntarily causing hurt to and assault or another person is an offence Sec.323 of IPC 342,355, 326, 327, 34 of IPC
2.       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) of SC/ST (PoA) Act].
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 [sec. 3(1)(x) of SC/ST (PoA) Act].
4.       Whoever, being a public servant but not being a member of a Scheduled Caste or Scheduled Tribe, willful neglects his/her duties required to be performed by him/her under the Act, is guilty of an offence [sec. 4 SC/ST (PoA) Act].
5.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
6.        No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment –Art 5 UDHR & Art 7 ICCPR.
7.       General recommendation 19 of CEDAW relates to gender-based violence and recommends amongst other things that states should take all legal and other measures that are necessary to provide effective protection of women against gender-based violence including effective legal measures (including penal sanctions), preventive measures (including public information and education programs) and protective measures. 

The supremacy of land mafias still exists in the town Pali. There are several incidents of grabbing / encroachment upon Dalit or poor people land by land mafias. Similarly, an incident has occurred with Mishrilal s/o Bhuraram Khatik is r/o no. 236, Samayati Nagar in Pali Dist, who is a Dalit on 24 Feb, 2013, who belongs to Scheduled Caste community.

The victim had purchased 24 x 64 feet flat, Plot no. 1819/623, near Near drinking water tab of Ramlal Prajayat, Nayagaon, Sajon road and had been staying over there since last many years. Pradeep Singarh, the former Nagar Parishad President, is also a land mafia had a bad eye on the flat of Dalit family to encroach upon one day.

Thus, as per his plan, on 24 Feb, 2013, accused Pradeep Singarh along with some of his co-land mafias went to victim’s house and threatened them to vacate the house or else he would forcibly through them out of the flat saying that he purchased the flat since long back and thus the flat belongs to him. When the victim objected to Pradeep Singarh, he threatened them with dire consequences if they do not vacate the flat.

Again on 24 Feb, 2013 at about 4.00 a.m. the accused along with his co-land mafias went to victim’s house while they were sleeping and broke down 4 walls of the flat. The victims found that there was a gang of land mafias, who were involved in demolishing the houses of their neighbours too. When the victim’s protested against demolishing of houses, the accused brutally attacked them with lathis.

With tremendous fear, the victims made a call to Kotwali police station. The police reached the spot and able captured a mafia. All the other land mafias managed to escape from the spot. The victims lodged complaint in Kotwali police station on the same day. A case was registered against the accused on 15 Feb, 2013, No. 96/13, u/s 147,148,458,447,427,149 IPC & 3(1)(v) of SC/ST (PoA) Act.

However, the police did not take any action against the accused because Pradeep Singarh was a former Nagar Parishad President and also an influenced person of the area. 

Manju bai (16) d/o Rajaram is r/o Jhadka village, P.S. Khaisthal in Alwar Dist. She belongs to Scheduled Caste (Meghwal) community. They are three brothers and sisters. She has studied up to standard 10^th, however she could not continue her further studies due to financial problem of the family.

On 31.01.2013, at about 7.30 p.m. the victim went to collect firewood from a field closer to her house.  Meantime, Sanjay s/o Atar Singh along with other two of his friends, belonging to Jat community of the same village, went behind Manju bai while collecting firewood, closed her mouth and abducted her to the house of Sanjay s/o Atar Singh and locked in a room. The accused threatened her that if she cries out for help or reveals the matter to anyone or tries to run away from the place, he would kill her entire family members.

After that, the accused offered a glass of water to the victim and forced her to drink. When the victim drank the glass of water, she fell unconscious. Taking the advantage, the accused raped her for two days.  When the victim, regained her conscious, she realized that she has been raped.

On 03/02/2013, at about 12.00 a.m. accused Sanjay, was forcibly taking away the victim with a motorbike to another place, however the victim’s parents and the villagers followed the accused and rescued the victim, but accused persons escaped from there.

A case has been registered against the accused persons on 05.02.13, case no. 36/13, u/s 363,366,376(g) IPC & 3 3(1)(xii) of SC/ST (PoA) Act.