Case in Brief:

S. Senthil (30), resident of Karai Ellapalayam, Elavamalai post, Erode district, belongs to Dalit Arunthathiyar community. He is a daily wage labour. It has been a practice in this village that a person suspected to be a thief, need to get temple ash and have to prove his innocence. Mohanasundaram lost his mobile phone and he was suspicious about Senthil. On 15/06/2012, Mohanasundaram Kounder called Ravi (resident of Karai Ellapalayam) to bring Senthil to his Korakattu thottam. Mohansundaram asked Ravi to stay back and asked Senthil to get inside the tent. When Senthil asked the reason, Mohanasundaram pushed him inside. When Senthil resisted his attempt, Mohanasundaram slapped him. Senthil ranaway from the place and reached the road. Mohansundaram chased him with a iron rod and tried to him on his head. Senthil who blocked the attempt, sustained severe injury in his hands. Escaping from the further assault, Senthil reached home. But Mohansundaram again followed Senthil to his house, he trespassed in to his house and hit him over his hand. Senthil sustained severe injury over his hands. On hearing the cry of Senthil, neighbours came to the rescue of Senthil. On seeing the gathered crowd, Mohanasundaram left the place of incident. Later Senthil was taken to the Bhavani Government Hospital and then recommended to Erode Government Hospital. Sithodu Police Inspector Namatchivayam and Bhavani DSP visited him and conducted an enquiry.           A case was registered against the perpetrator and was arrested regarding this atrocity. Senthil was provided interim monetary compensation of Rs. 15000.

Legal Standard Breached:

1.       Causing grievous hurt with dangerous weapons is an offence punishable under section 324 IPC, and any person who commits any offence under the section 324 IPC 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(2)(v) SC/ ST (PoA) Act).
2.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC
3.       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).
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 under the Act ( sec. 3(1)(x) SC/ST (PoA) Act).
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.       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].

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

Bahadar Singh @ Chota S/o Madho Singh, Age-45, R/o Village-Kasba, tehsil-Dudan Sada, District-Patiala belongs to “Valmik” which has been declared as a Scheduled Caste by the State government of Punjab. For the last 30 years he was working as a “Siri” (bonded Labour) with Balkar Singh S/o Darshan Singh, village- Balbeda, tehsil & Distrct- Patiala who belongs to Jatt Sikh community. Since he was 15, he was working there. In beginning he was working as a “Pali”(Cattle tender) and worked also as a servant in the dhaba named “Punjabi Rasoi” of the employer. The employer gave advance to Bahadar Singh‘s father, and he was a child at that time. When his father died, he worked continuously for five years for the employer. When Bahadar Singh was 18 years old his employer starts to take work as a “Siri”. Bahadar Singh was working from 6:00 a.m to 8:00 p.m in the Dhaba and after that he works in the fields of the employer and in the night again the employer ordered him to go to his Dhaba and work. The employer was not providing him for any weekly rest or over time. He was not allowing him to go to his house. Employer took his thumb impression on various papers for which bahadar singh is not known, as he is illitriate. One day, during his work period as per the order of the employer, Bahadur Singh tried to take the Dog (domestic dog of employer) outside. When Bahadar Singh opened chain of the dog, dog dragged him, then bahadar singh fallen down to the nearby iron box and his left knee was injured seriously. He requested to the employer to provide him money for the treatment of his knee, the employer denied. Bahadar Singh’s elder sister named Paramjit Kaur arranged money for the treatment of Bahadar Singh. Bahadar Singh was unable to work for the employer due to his injury of knee. When he demanded his earn ages from the employer and said that he does not want to continue his services with him as he is not able to work.

The employer abused him on caste basis and thereated that he will take possession of his home and will not pay any wages and imposed a debt amount of Rs. 90,000 (Rupees ninety thousand) on him. The employer did not pay his earn wages of Bahadar Singh of his thirty years work and was demanding the bonded debt.          The complaint was sent to the District Magistrate, Patiala for his release and rehabilitation but no action has been taken against the employer. 

The village Vad is situated in lunavada taluka of Panchmahal district. On the day of incident at around 11 o’clock in the mroning the sister of the complainant Manishaben and Gangaben Somabhai and Nathiben Jethabhai Vankar etc. were taking water from the tap of panchayat near his house. At that time the accused G P Joshi came there with his four vheicle and stopped there and started shouting at all women who were taking water. The accused used abusive language regarding the caste of the women.

All the women who were taking water belong to shecdule caste. Hearing the shouting of the accused, the complaiant came out from his house and he saw that the accused was scolding and shouting at women.  The complainant requested not to use bad words. Hence he got angry and started abusing the complaiant and made derogatory remarks regarding his caste.

The complaiant took out pipe of iron from his car and attacked complainant, some community people came there and rescued him. Therafter, the victim went to file complaint but one police man Dharmendrasingh Jamadar had taken the side of accused and abused the complaiant. Thereafter, he was admitted to the hospital and then the police registered FIR under section 323, 504, 114 of IPC. And Section 3(1) 10 of SC/ST Act and section 135 of BP Act

Case in Brief:

A. Chinnarasu (14), resident of Ram Nagar, Tarapuram Taluk, Tiruppur district belongs to Dalit Arunthathiyar community. He is studying 10^th std in CSI Higher Secondary School, Tarapuram. On 07/06/2012, as Chinnarasu was sick, he have not attended the class. On 08/06/2012, when Chinnarasu was in the class, class teacher Ms. Vanitha enquired about his absence for the previous day. As Chinnarasu explanation was not satisfactory to her, she scolded him for his absence and slapped him and pulled him by holding his hair. As Chinnarasu cried loudly unable to bear the pain, Vanitha asked him to stop crying. Then got a scale from a students and brutally beaten him all over his body. Chinnarasu who was subject to severe corporal punishment by the teacher, had his fingers severely wounded and blood gushed out of his fingers. He was taken to the hospital and Tarapuram police conducted an enquiry. Later Chinnarasu filed a complaint with the Tarapuram police station, but the police officials were negligent to file an FIR against the erred teacher. No disciplinary action was taken against the teacher.

Legal Standard Breached:

1.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC.
2.       No Child shall be subjected to physical punishment or mental harassment. Whoever contravenes the above provisions shall be liable to disciplinary action under the service rules applicable to such person. [Sec. 17 (1)(2) of RTE Act].
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 - (a)  access  to  shops,  public  restaurants,  hotels  and  places  of  public entertainment. (15 (2)(a,b) of IC-FR).
4.       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].
5.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
6.       No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

Vanmathi (12) belongs to dalit community, she reside at Ranganadhapuram, Nampiur in Erode district. She was studying 6^th standard in Nampiur secondary school. On 08.06.2012 Vanmathi and other seven dalit students were forced to clean school toilet by instruct of Subban school head master. This news was published by news paper. If investigated this practice was egesting so many year in this school.  If parents asked this issue, head master justifies this practice was good to students and also chief Educational officer sridevi also justifies this practice.