Diseased Mutka Kallo Devi (50) w/o Nibori Ram is the resident of Kharnal near Danitan Jotpur village, under Bansure police station in Alwar Dist. belongs to Scheduled Caste (Bawaria) community.

The diseased had a piece of cultivable land and she used to cultivate different kinds of seasonal crops. The accused persons had a bad eye on the land to grab from her. According to their plan, Tulshi Ram s/o Umrabmal, Ghanaram, Girdhari lal, Mukhram, Hajarilal, Chhagram, Ramkaran, Ashok kumar, Chetram and other people from Gurjar community of Jotpur village, went with a tractor to field of victim and destroyed entire crop. When the victim protested against this, the assailants abused and brutally attacked her.

Thus, Mutka Kallo Devi lodged complaint in Bansure police station on 21 June, 12 & submitted a written complaint before the D.S.P, Baharode on 23 July, 12; however the police did not take any action against the assailants, which provoked them to make further crime.

Thus, the assailants convened a meeting for all Gurjar community, where they unanimously decided to attack the family. On 2 Aug, 12, as per their plan a mob of about 300 Gurjar people, namely Sonu bai, Sundar bai d/o Banwari lal, Reen w/o Uday Bhan, Suman bai, Asha bai, Jyoti bai, Salma (8) d/o Banwari Singh and others went to the victim’s family, well armed with lethal, stick and other deadly weapons and brutally attacked them, as a result Mutka Kallo Devi died on the spot. A criminal case was registered against the assailants on the same day, case no.313/12, u/s 452,447,143,323,302 IPC& 3(2)(v) of SC/ST (PoA) Act. On 13 Aug, 12, the police arrested two perpetrators namely Tulshi Ram s/o Umrabmal & Moti Singh and others absconding. Due to continuous threat by the perpetrators, the victim’ family migrated to Bansure to save their live. The case is under investigation. The victim’s family has not received any compensation from the administration. 

Late Veerasamy residing in Arunthathiyar colony, Thekkadi, Mettupalayam taluk in Coimbatore district. He belongs to Arunthathiyar community. He was working as a daily labourer in Ootykarar agriculture land at Devanapuram. He was received Rs.2000/- loan from his owner Eswaran Gowndar for his aunty death expenses.  After his aunty death he was not able to go work because of his family problem. On 25.07.2012 he went to pathrakaliyamman festivel in mettupalaym, while going to temple, he was stopped by Eswaran and he derogatory referred by caste name and brutally attacked. He also attacked him. After that he went to Pathrakaliyamman temple, mean while Eswaran called his relatives and friends, they join together brutally attacked him at Pathrakaliyamman temple back side. Jothikumar and Raman were tried to stop during he was attacking but they did not stop. Since they went to call some other persons for help, when they return he was lay down in the agriculture filed without consious. They called to 108 ambulance and they took him to hospital, while going to government hospital he was died ont the way because of cruelly blood injuries. Karamadai police were filed the case and they arrested three accused. 

Case in Brief:

G. Kalaiselvan (31), resident of Nanchamahathu Vaalkai, Chidambaram Taluk, Cuddalore District, belongs to Dalit Paraiyar community. He and his wife Indumathi(26) have three children. K. Sivakumar (27), resident of Reddiyar Mill Street, Villupuram district, belongs to Dalit Paraiyar community. He and his wife Sivakami (25) have two children. Both Kalaiselvan and Sivakumar families were employed as bonded labours by one Rajendran of Erode district. After some time, both families were bought from Rajendran by one Gurudevan by paying Rs. 85000 to Rajendran for each family. On 09/07/2012, they were taken to Vijayalakhsmi Brick Kiln owned by Gurudevan. On 10/07/2012, Gurudevan, Vijayalakhsmi and Gurudevan’s brother in-law, ordered that Kaliselvan and Sivakumar should not ride bicycle inside the brick Kiln in front of them and they can ride bicycle after going outside the brick kiln. Gurudevan bit them on their face saying, “how dare you para bastards ride bicycle infront of us”. Later Gurudevan and Vijayalakshmi forced them not to send their children school and denied education to their children. Unable to bear the barbaric and inhuman treatment meted out to them, Kalaiselvan and Sivakumar managed to escape from the brick kiln and informed about this bonded labour system practiced by Gurudevan and Vijayalakshmi to the Cuddalore District Collector. In the mean while, Gurudevan and Vijayalakshmi confined their wives and threatened to kill them and their children by forcing them to eat pesticide. Cuddalore District Collector Rajendran Ratnoo immediately informed Erode District Collector and to rescue the families of the two complainers. Hence Kalaiselvan and Selvakumar family members were rescued from the Vijaylakhsmi brick kiln. But no no action was taken against the perpetrators for the commission of such atrocity.

Legal Standard Breached:

1.       Whoever compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do \'begar\' or other similar forms of forced or bonded labor other than any compulsory service for public purposes imposed by Government; 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)(vi) of PoA Act].
2.       Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.[Sec. 342 of IPC].
3.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC
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 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).
6.       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).
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.       Whoever denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent 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; - - 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)(xiv) SC/ST PoA Act).
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].

Bakshish Singh S/o Gurmail Singh is R/o Village- Majhal Khurd, Post office- Panjola,Tehsil & District- Patiala. He belongs to Majhabi Sikh caste which has been declared as a Scheduled Caste by the State government of Punjab. From the last three years he was working for Karam Singh S/o Chota Singh, R/o Village- Naina Kalan, tehsil & District- Patiala who belongs to Caste Jatt Sikh. The employer gave him Rs. 5000/- as an advance which he spent on households expenses. The employer fixed his annual wages Rs. 40,000/. After first year the employer never gave any information that what wages he has fixed for his wages. He was working as a “Siri”(bonded labourer).  He was working for the employer day and night.The employer never paid his wages whenever he demands his wages the employer refused to give any wages to him and gave him only Rs.100 to Rs.200 in a month. His wife is working outside and she is managing the expenses. The employer has taken his thumb impressions on many blank and other types of papers but he never told him that why he has taken his thumb impressions on these papers. The employer was not allowing him for any weekly rest or overtime wages. Whenever Bakshish Singh fall sick or could not attend the work due to any other reason the employer imposed a fine according to his own wish and adds this amount in the advance amount and charged an interest on the whole amount according to his own wish. Bakshish Singh’s wife was pregnant and she stopped to work outside as she was not able. Bakshish Singh demanded his wages from the employer for the medical aid for his wife. The employer refused to pay him any of his wages so Bakshish Singh stopped to work for the employer. O 21-7-013 the employer Karam Singh and his son Bhupinder Singh came to his house and told him that they will extract the debt of  Rs.100,00,0/-  if he will not pay then they will not allow him to work anywhere. They threaten him that if they will not pay them the bonded debt they will implicate him in a false case and hand him over to police. As the employer was not paying the wages of Bakshish Singh he was not interested to continue his services with the employer. So he approached to VSJ for legal help and the complaint for his release and rehabilitation was sent to District Magistrate, Patiala on dated 7-8-012 by registered post. He is physically free but no action has been taken against the employer. But now to extract the bonded debt the employer has imposed a case to Suit for Recovery on Bakshish Singh which is still pending in the Court of Civil Judge Senior Division, Patiala which is still pending.