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A Dalit Woman Attacked

  • Posted by: NDMJ-Bihar
  • Date of incident: 19-04-2004
  • Create date: 22-03-2014
  • State:: Bihar
  • District:: AURANGABAD
  • Police station:: Risiyap
  • Chargesheet:: F.I.R- : No. 85/04, u/s. 447, 354, 323, 325, 379, 34 IPC, Chargesheet filed
  • Summary::

    Kusumi Devi (40), belonging to Chamar (SC) is an illiterate and landless woman.  Her primary occupation is daily wage agricultural labour in the fields of dominant caste Rajput landlords, for which she receives 3 kg of rice paddy (of which only half is actual rice grain) as her daily wage, plus two chapatis with salt and raw onion as breakfast. Because she is a Dalit and her touch is, therefore, considered “polluting”, this food is given with no plate, and she has to keep the chapatis and onions in her hands while eating.Kusumi Devi was married at the age of 17 years to Dhanesar Ram.  She says that her husband is a very nice and loving person, and that they have a happy married life together. With Dhanesar Ram, Kusumi Devi has four daughters and two sons: Rajesh Kumar (22 years) studied through 10th standard, Sangeeta Kumari (20 years) also passed 10th standard, Sabita Kumari (18 years) also passed 10th standard, Kavita Kumari (15 years) is currently studying in 9th standard, Amresh Kumar (13 years) is studying in 6th standard, and Poonam Kumari (10 years) is studying in 5th standard.

     

    At about noon on 19 April 2004, just a month after the assault on Durgawati Devi and her son, Kusumi Devi, Ruda Devi, Rina Kumari (13 years, daughter of Doman Ram and Kusumi Devi’s cousin sister) and a few other Chamar women were sitting in front of Rina Kumari’s house. They were examining clothes from a street vendor’s cart and considering making purchases. It was the day before national parliamentary elections were to be held in Aurangabad district, and so tension hung thick in the air. As the Dalit women were looking at the clothes for sale, Harinder Singh approached and began packing up and down the same stretch of road without any apparent purpose, chewing betel leaf and spitting.  At one point, he spat deliberately at the feet of Ruda Devi. Ruda Devi turned to Kusumi Devi, who whispered, “Don’t say anything; he is trying to provoke us and if you speak up, he will beat us.” On this advice, Ruda remained quiet. Still, Kusumi sensed that Harinder Singh was about to do something, so she quietly advised the rest of the women to disperse and take refuge in their own homes, behind closed doors. As the women split up, Kusumi said to Rina Kumari, “Close the door from inside as soon as you get in.” Kusumi was aware that Harinder Singh had been eyeing Rina Kumari for some time, and sensed that he had bad intentions.

    The women went their separate ways and Harinder Singh immediately pursued Rina Kumari.  Rina managed to close the door just as Harinder reached the spot, but he kicked the bamboo-thatch door and it broke.  Forcibly entering her hut, Harinder violently seized hold of Rina Kumari with a clear intention to rape her, and so Rina screamed. Hearing the scream, Kusumi Devi ran to the spot and challenged Harinder, saying, “Why are you entering this girl’s home when her parents are not here?” Harinder replied, “I have come to see Rina’s mother because she gives me medicines for toothaches and earaches.” As he did not leave, Kusumi Devi grew bolder and said, “Why are you trying to violate this girl’s dignity?” At this, Harinder picked up a thick wooden stick from the courtyard of Rina’s house and assaulted Kusumi Devi.  He attacked her with the stick, beating her back and arms.  He beat her so severely that he broke her right lower arm. When the bone was fractured, Kusumi Devi screamed loudly, and people began to arrive to see what was happening.  Kusumi’s husband Dhanesar Ram approached, running, and Harinder beat him over the head with the same wooden stick.  Injured, Dhanesar Ram fell to the ground, where Harinder continued to beat him on the head and arms with the stick.

     

    A number of armed Rajput men gathered at the place, ready to support Harinder in his assault on the Dalits.  From the Dalit side, Dhanesar’s brother Parmeshwar Ram, uncle Sakichand Ram, and other Chamar men arrived armed with sticks and sharp-edged farm instruments to use as weapons. The Rajputs injured Parmeshwar Ram by breaking his shoulder bone, and injured Sakichand by slicing his heel with a sharp weapon.  Harinder and other armed Rajputs continued beating Kusumi Devi, her husband and his relatives, while other Rajputs merely watched, laughing. After the attack, no one among the Dalits considered going to the police station first, but rushed instead to the hospital. Kusumi Devi, her husband Dhanesar Ram, Parmeshwar Ram and Sakichand Ram were all seriously injured. From the village, however, they could not find any driver willing to travel the few kilometres to the government hospital in Aurangabad town, as any travel in Bihar is perilous on the day before elections. Finally, after desperate searching, the victims managed to engage a bicycle rickshaw driver for an exorbitant Rs.100/- to take the four injured persons to Sadar Government Hospital, Aurangabad. The other Dalits and those who had been less seriously wounded walked the distance to the hospital. As it was a case of violent attack, the government hospital officials reported the matter to the Aurangabad Town Police Station, and the Sub-Inspector, a dominant caste woman named Renu Devi (FC Kayasth, 50 years), came to the hospital at 10:00 p.m. Sub-Inspector Renu Devi approached Kusumi Devi and asked her to return with her to the police station to give her statement.  Kusumi Devi, however, was in severe pain due to her broken arm and other injuries, and was unable to get herself out of the hospital bed.  When she expressed her inability to move, the Sub-Inspector said they could take the jeep rather than walk.  Kusumi reiterated that she could not even get out of bed, to which the Sub-Inspector became annoyed and scolded Kusumi Devi, saying, “You can’t even get up after just a little beating.  I can take more beatings than this!”

     

    Finally, the Sub-Inspector took Kusumi Devi’s statement in the hospital itself.  Kusumi narrated the entire incident in the order that it had occurred. Kusumi Devi and the three Dalit men remained in the hospital for several days, and they incurred Rs.13,000/- in medical expenses to treat their injuries from the violence. When the violence took place, Rina Kumari’s parents were not at home.  They were harvesting onions in the fields of a Rajput landlord for their daily wage. When they returned to the village for lunch at noon, they learned from Rina what had happened. Doman Ram, Rina’s father, then went to Risiyap Police Station and lodged a FIR stating that Harinder Singh and his friends had come to Doman Ram’s home, broken open the door, caught hold of Rina Kumari, and looted the family’s belongings, stealing Rs.6,000/- from a suitcase. In order to hide the fact that Harinder Singh had seized Rina Kumari with the intention to rape her (a matter Doman Ram thought would bring disgrace upon his family and damage his daughter’s marriage prospects), Doman Ram concealed this fact in his FIR statement, and invented the story of the burglary.  The case was registered as Crime No. 85/04, under secs. 447, 354, 323, 325, 379 read with 34 IPC at 1:00 p.m. that day. Risiyap Station Sub-Inspector Rajender Ram (Chamar, 52 years) was responsible for lodging the FIR.

     

    Meanwhile, following the attack, the perpetrators also went to Risiyap Police Station.  Harinder Singh’s mother Urmila tied a handkerchief on her hand and, pretending to be injured, lodged a false complaint stating that Dhanesar Ram, Parmeshwar Ram, Sakichand Ram, Uday and Awadesh (all Chamars who were actually victims of the Rajput assault) had snatched away her golden chain and beaten her and her family members. She claimed that the Dalits had attacked her with sharp weapons. The Rajputs’ false case was registered as Crime No. 85/04 under sec. 379 IPC and other sections at 2:00 p.m. that day. Some days later, when Kusumi Devi and the others had been discharged from the hospital, Navi Nagar Police Station Inspector Mohan Lal (FC Kayasth, 55 years) and Risiyap Sub-Inspector Rajender Ram came together to the village to conduct an enquiry. At that time Kusumi Devi was not at home. The officers took the statement of Doman Ram and his wife (Rina’s parents), who repeated exactly the story they had given in their FIR.

     

    Nine days after the attack (that is, on 28 April 2004), Harinder Singh, advised by his fellow Rajputs to turn himself in “because you have so many cases on your head”, went to the court and surrendered himself. He was put in jail on account of Durgawati Devi’s case against him (Risiyap P.S. Crime No. 38/04 under secs. 341, 323, 504 and 34 IPC and 3(1)(x) SC/ST (PoA) Act, registered on 14 March 2004). After one month, he was released on bail.  Neither the other Rajputs named in Rina’s parents’ case (Harinder’s family members), nor the Rajput assailants named in Kusumi Devi’s statement to the police, have been arrested. In the next three months, Doman Ram went to Risiyap Police Station five times in pursuit of the Dalits’ case against Harinder Singh, but still the case had not been charge sheeted. The problem is that there are two different versions of the case, one based on Kusumi’s statement in the Aurangabad hospital, and the other based on Doman Ram’s statement at Risiyap Police Station. Thirdly, there is the false case filed by the Rajputs. Because of the conflicting versions, the Dalits sense that their case is weak and the police are likely to drop the matter altogether.  Kusumi Devi and the other injured persons have approached Doman Ram asking him to change his FIR and bring his story in line with the true story, lest the case be found to be false and cancelled.  He refused. Meanwhile, the six Dalits named in the Rajputs’ false FIR, including Kusumi’s husband, are hiding in the village from the police and trying to obtain anticipatory bail. 

                

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Gang Rape of a Minor Dalit Girl Jhunjhunu

  • Posted by: Centre for Dalit Rights
  • Date of incident: 17-04-2004
  • Create date: 20-03-2014
  • State:: Rajasthan
  • District:: JHUNJHUNU
  • Police station:: Khetri Nagar
  • Chargesheet:: 18.04.04, No. 63/04, u/s 366 (A), 376, 354, 341, 509 IPC & 3(1)(xii) of SC/ST (PoA) Act. Chargesheet Filed
  • Summary::

    On 17th April 04, Kratika left her house at 8:00 am for school. She noticed 3 persons waiting near her school in a white esteem car and one man on a red motorcycle. She recognized them as they lived in her area, but never had any contact with them before. As soon as she moved out of her house, perpetrators in the white car abducted her and tied her mouth and hands with handkerchiefs and took her to the residence of one of the perpetrators, Jitendra. However as some of his family members were present at his home that time, she was subsequently taken to a red stone mines. They stripped off Kratika\\\'s clothes and all the perpetrators one by one raped her and filmed the atrocity. After raping her, they threatened her that if she will tell anyone about what has happened they will kill her parents and will expose her film to everyone.

     

    Meanwhile, two men were coming in their direction. On seeing them they again threatened the victim saying that if she will tell them they will kill her. The Perpetrators ran away. She started screaming and told the whole incidence to the two men. They took her to the copper centre near her house. She went her house and narrated the incidence to her mother. Kratika\\\'s mother called her father in the office and told him about the incidence. On 18th April 04, they filed an F.I.R at Khetri Nagar Police Station. Police filed the F.I.R. and investigated the matter on the basis of the evidences and the MLC report. Soon Charge sheets were filed against the Perpetrators and the case was sent to the District Court. It was only in December 2006 that the Court proceedings started and the final judgment was made. The Judgment was made against the victim, stating that it was a false case filed by her against the Perpetrators to get compensation as it came to light that victim’s father used the amount compensation amount received to purchase a family home.

     

    The local police of Jhunjunu did not support Kratika and her family and tried their best to hush up the case to rescue all culprits. Although FIR was registered in time but police did nothing to provide safety and security to Kratika & her family. Soon Police presented the challan and their report was clearly in favor of perpetrators. Many a times Kratika and her family were abused by the accused and they complained to Police about it but the local police always refused to hear their complaint.

     

    Kratika’s father filed Criminal Revision before the Rajasthan High Court, Jaipur Bench in 2007. Here the court on 12th October issued bailable warrant against the accused. The case is pending in due course for hearing.

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Rape of a Dalit Girl on a False Promise of Marriage Valigonda

  • Posted by: Dalit Sthree Sakthi (DSS)
  • Date of incident: 11-04-2004
  • Create date: 21-03-2014
  • State:: Andhra Pradesh
  • District:: NALGONDA
  • Police station:: Valigonda
  • Chargesheet:: F.I.R- 11.04.04, u/s 376 (f), 312 IPC & 3(1)(xi) of SC/ST (PoA) Act., Chargesheet filed
  • Summary::

    In June 2003, Vallamala Premlatha 16 years old Dalit girl, R/o. Goparajupalli studying 10th standard repeatedly raped by non-dalit Satish for period of six months. Incident came to limelight in April 2004. Shankaraiah is a Dalit belong to Mala community of Goparajupalli village, Valigonda Mandal, Nalgonda District. He has four daughters, Hemalatha (21), Kavitha (18), Pramalatha (16) and Vani (10) and a son Siddule (13).

     

    The victim Premalatha studied from 6th standard to 10th standard in Zilla Parishad High School at Duppelli Village, which was 1½ KM away from Goparajupalli. In June 2003 (Premalatha did not remember exact date) Jella Satish (22) S/o Bixapathy of the same village, belongs to BC (Padmasali) community, forcibly caught hold of her hand and took her into the bushes and raped her while she is returning from school for lunch. He threatened to kill her if she discloses the incident took place between them to anybody. 10-15 days after the incident, he used to visit her room twice in a week and forced her to have sex with him. In the month of October 2003 she came to know that she was Pregnant. When she asked him about marriage, he said “your father cannot arrange marriage of your sisters.” He promised her that after 10th exams, he will marry her. In March 2004, after attempting 5 Subject papers examination at Motkur village, she visited her village to celebrate Ugadi festival. Her mother got doubt on seeing swell in Premlatha’s legs & the changes in her body and enquired. Then she narrated the entire episode to her parents. Due to unavailable of the hospital in Goparajupalli village, her parents took her to the private hospital in Motkur village; there the Doctor declared that “she is pregnant”. Next day morning, her parents informed village caste elders about this incident.

     

    All caste elders along with Premlatha went to the house of Satish and called his father Bixapathi who was the present sarpanch of the village. After hearing the voice of caste elders, he “abused on caste name SC-Mala, after all low caste people -calling me” and informed Valigonda Police station through phone. Sub Inspector of Police Mr.Srinivas Goud of Veligonda PS came there and advised her to lodge a complaint in the police station and she was sent back house along with her parents. Next day Premlatha & her father went to police station and lodged a complaint. After that Police didn’t responded to the given report. After few days, DSP of Bhongir division called the victim and sent her to the hospital to give blood, nails & hair for medical reports. Police of Valigonda PS sent her to Gandhi Hospital, Secunderabad for Medical examination. In the month of June 2004 she delivered a Girl child. The Accused was arrested U/s 376 (f) 312 of IPC & 3 (1) (XI) of SC/ST Act 1989 & remanded to judicial custody thereafter he was released on bail. She has received compensation of Rs. 25000/-. 

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Two Dalits Killed & One Seriously Injured by Dacoits

  • Posted by: NDMJ-UP
  • Date of incident: 27-03-2004
  • Create date: 29-11-2013
  • State:: Uttar Pradesh
  • District:: MATHURA
  • Police station:: Brindaban
  • Summary:: This is an incidence of the Village Chaumunha, Police station Brindaban, Taluk Chhata, District Mathura, UP. The victim Manchandra(52) s/o Battaram who belonged to Chamar (SC) community and the only earning member of the family. He was a daily wage labourer. On 27-28.3.2004 at night when he was sleeping along with his family members, 7-8 criminals entered his house and began to destroy the house holdings and started looting him. He woke up and shouted that the thieves had entered his house. On hearing that, his brother Puran Singh and his nephews Bablu and Bhojraj came running to my house. Two of the accused fired at his brother Puran Singh and he died on the spot. Bablu too was shot at and was seriously injured. The other nephew Bhojraj caught a criminal and recognized him. He was Saheb Singh s/o Amar Singh started shouting for his rescue. His friends Bachu s/o Ratan Singh; Sukhha s/o Mulchandra came to his rescue with guns and katta (country made sword) and rescued him firing at Bhojraj and others. The dacoits had run away. With the help of the villagers Lalchandra (33) s/o Khhurra and Kundan(55) s/o Krishna took Bablu and Bhojraj to the Maheshwari hospital in Mathura. On reaching the hospital Bablu died and Bhojraj was admitted in the hospital. Manchandra went to the police station Brindaban and registered FIR. He returned to the hospital and carried Bablu to the village and along with Puran Singh, his brother, cremated the bodies. The Accused Saheb Singh was arrested. Three months later the victims’ family got 1,50,000/- as compensation.

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Dalit Women Barred from Taking Water from Village Hand-pump

  • Posted by: NDMJ-Bihar
  • Date of incident: 14-03-2004
  • Create date: 22-03-2014
  • State:: Bihar
  • District:: AURANGABAD
  • Police station:: Risiyap
  • Chargesheet:: F.I.R- 14.03.04, No. 38/04, u/s 341, 323, 504, 34 IPC & 3(1)(x) SC/ST (PoA) Act ., Chargesheet filed
  • Summary::

    Durgawati Devi (35) belongs to Chamar (SC) caste was married to her husband Awadesh Kumar at the age of 16 years. Awadesh Kumar (36 years) studied until 10th standard and currently works as a seasonal agricultural labourer. Durgawati Devi and Awadesh Kumar have three children: the eldest child Om Prakash (10 years) studies in 4th standard; Pinky Kumari (8 years) studies in 3rd standard; and Rinky Kumari (6 years) studies in 1st standard. Durgawati Devi, her husband and their three children live in a small mud and thatch house. She works as an assistant to the person in-charge of the anganwadi (government pre-school care centre) in the village; she began doing this work in 2003.  Previously she worked as a daily wage agricultural labourer.

     

    In Durgawati’s village, Harinder Singh (FC Rajput, 30 years), son of Jainath Singh, is a young dominant caste Rajput man notorious for his brutality and caste bigotry.  Over the years, he has intimidated, threatened, verbally abused and publicly beaten a number of Dalit women and men. In 2003, Harinder Singh built a cow shed immediately in front of the public space the Chamar families used to enjoy.  His cow shed blocks access to the main road for the Dalits’ houses. This small strip of land is government land, but Harinder Singh claims that the land belongs to him. On 14 March 2004 at 6:00 p.m., Durgawati Devi’s son Om Prakash returned to the Dalit colony after playing football.  Thirsty, he went straight to the public drinking water tap located in the Dalit colony to have a drink.  A dominant caste woman Anju Kumari (BC Kahaar), daughter of Jagan Kahaar, was filling water at the tap when Om Prakash arrived and asked her to give him some water.  She refused and told him to wait for a while until she had finished.  Just then, Harinder Singh came there to also drink water and Anju Kumari let him do so at once. On seeing this, Om Prakash said, “I asked you first, but you did not let me drink water.”

     

    Hearing this, Harinder Singh slapped Om Prakash twice. Just then Durgawati Devi came out of her house and asked Harinder Singh why he was hitting her son. On being questioned, he picked up a stick and started beating her with it.  As he assaulted her, Harinder Singh said, “Father-fucker, whore, if you talk too much…”  Leaving the sentence incomplete he went to his house, from which he soon returned with a rod and a match box. Also present at the scene was dominant caste Rajput landowner Arun Singh (30 years), son of Lakkhandev Singh.  When Harinder Singh emerged from his house with matches and a rod, Arun Singh ran behind him, snatched the match box from him and said, “You have gone mad. Why are you doing this? You will get all of us into trouble.” Hearing all this commotion, Durgawati Devi’s husband Awadesh Ram came out of the house, but before he could say anything, Harinder Singh started beating him with the rod and threatened to burn down the entire Dalit colony.  Harinder Singh beat Durgawati Devi and her husband with the rod to the point that both sustained serious injuries. After the public beating, Durgawati Devi along with her husband went to the village mukhiya (panchayat head) Krishna Dubey (FC Brahmin) and narrated to him the entire episode. After hearing their story, he said, “What can I do? I am tired of explaining to them and they do not understand. You go to the police station and file a case.”

     

    Durgawati Devi and her husband then went to Risiyap police station and filed a case.  The case was registered on 14 March itself in a FIR with Crime No. 38/2004 under secs. 341, 323, 504 & 34 IPC and 3(1)(x) SC/ST (PoA) Act. However, the officer in charge, Risiyap Station Sub-Inspector Rajender Ram (Chamar, 52 years), neither went to the house of the accused, nor did he try to arrest the accused.  He made a round of the village and went away without taking any action. Durgawati and Awadesh were admitted into Sadar government hospital in Aurangabad, where their injuries were treated for three days.  Durgawati Devi had been particularly severely wounded on her left hand and left knee.  Their medical treatment cost Durgawati Devi and her husband around Rs.1,000/-. Subsequently, when Harinder Singh’s father Jainath Singh came to know about the case, he came to Durgawati Devi’s house and started abusing her, saying, “You fucking cunt!  I’ll shoot you in your cunt, you untouchable!  Being a Chamar you dare to talk back to us?  We will burn all the houses of Chamars!”

     

    As the police case seemed to be going nowhere, and Durgawati Devi was receiving threats from the perpetrator and his father, Durgawati Devi lodged a complaint with the Deputy Superintendent of Police, the Superintendent of Police and District Magistrate. She gave a written request to the police for protection in response to the threats, but the police did not provide any protection. Durgawati Devi also approached a local NGO, Sampoorn Vikas Samiti, for help. Six weeks after the attack, on 28 April 2004 Harinder Singh, advised by his fellow Rajputs to turn himself in “because you have so many cases on your head”, went to the court and surrendered himself. Though accused also in the cases of Kusumi Devi and Rina Kumari, he was put in jail on account of Durgawati Devi’s case against him, After one month, however, he was released on bail. Durgawati Devi continues to live in fear of the perpetrator.

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