Diseased Mawashiram (50) s/o PravatiRam is the resident of Berka village, P.O. Aruwa under Kathumar police station in Alwar Dist. belongs to Scheduled Caste (Jatav) community. On incident day 26 Nov, 2012 some people of the village were playing the playing card opposite to the shop of Bhim Singh, the neighbor of Mawashiram.

A quarrel was picked up between Babli Jatav and Jitendra Jat s/o Badan while playing the card. On seeing that Mawashiram, went over there and tried to solve the problem; however Jitendra Jat did not like when Mawashiram intervened in their dispute, so he brutally attacked Mawashiram and left him with several injuries on his body. Jitendra Jat also got hurt in the scuffle.

Both the parties, lodged complaint in the Kathumar police station, but the police did not register the complaint of the victim where as the police register a case against the victims immediately because the Jat community is more influential in the area. Thus an enmity between Mawashiram and Jitendra Jat grew up.

After some days, on 15 Feb, 2012, Mawashiram went to Kathumar village to bring some grocery items. After having purchased, he went to Kathumar bus stop to catch bus for his place. Meantime, the assailant Jitendra Jat (20) s/o Badan,  Janak (37) s/o Ramjilal, Arun (20) s/o Janak, Badan s/o Ramjilal and others, belonging to Jat community saw Mawashiram standing there. Taking the advantage they brutally attacked him and left him half dead.

Mawashiram declared dead while he was under treatment in the Hospital. The victim’s family lodge complaint in the Kathumar police station on 16 Feb, 2012. A criminal case was registered against murderers No.60/12, u/s 147,302 IPC & 3(2)(v) of SC/ST (PoA) Act.

The main accused has been arrested and languishing in the jail but other co-accuseds are still on run. The case is under investigation.  The perpetrators threat the victim’s family to kill them, so the family is living under threat. 

Baldev Singh(70 years) S/o Joginder Singh Village-Umarpura new Abaddi, Tehsil- Batala Distt- Gurdaspur. He belongs to Mazabhi Sikh caste. He and his family members were employed with M/s. Bajwa Brick kiln village-khoti malwa Distt- Gurdaspur. The jamadar named Deso from Village- Umarpura, Distt-Gurdaspur brought them at the Brick kiln. Brick kiln owners gave advance Rs.10,000/- to him and they started to work as brick molders called “Pathera” at the brick factory. Baldev Singh & his family members mould 3000 brick in a day. Brick kiln owner Lalli Sarpanch gave them only Rs.1000 to 1500/- after eight days.

On 15/2/2011 they asked the munshi of the brick kiln about their bricks which they mould. Brick kiln owner & Munshi ,abusing and beaten them after that brick kiln owner snatch his mobile & his motor bike No PB-38 A4426 (TVS star City). Brick kiln owners not paid their wages and not allow them to go anywhere else for work. Brick kiln owner are threatening the workers that without paying the bonded debt they will not allow them to go anywhere and their households will not give to them. Now workers do not want to work on the brick factory because the employers of the brick factory were not paying their wages, and demanding debt amounts and do not allow them to work anywhere else. The complaint was sent to District Magistrate Gurdaspur  & Labour Commissioner Punjab . They all are free from bonded labour system

The accused are in to real estate business, they are dominant in the village so people are afraid of them. Victim has ¼ acre of land on the road side. The land behind the victim’s land is bought by the accused. So they are putting pressure on the victim to sell the land so they can sell their land with higher price. When the victim did not agree to sell his land, they were trying occupying the land forcefully; in fact they had occupied 4d land forcefully. When the victim objects to that illegal land acquisition he was abused, beaten and threatened to death.

Legal Standard Breached:

1.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
2.       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. 

Geeta Devi w/o Sukha resident of village-Talwandi Nepalan Tehsil- Zira District- Firezopur. Geeta Devi belongs to “Majhabi Sikh” caste which is declared a scheduled caste by Government of Punjab.

Gita Devi & her husband Sukha has been working since August 2011 on M/S Kishan Brick Factory, Village- Mojewala, tehsil-Zira, district- Firozpur. The Owner of the brick factory is Mr. Mukhtiar Singh who is residing in Zira city of Firozpur district. Geeta Rani & her husband were recruited by Jamadaar Shingara Singh who belongs to Village- Kutbiwala, tehsil & District- Firozpur. Gita & her husband were living on the above said Brick Factory with their three children one son and two daughters named Komal (7 years), Vanshdeep (3 years) & Riya (two years.).  The brick factory management advanced the workers Rs. 30,000/- at the time of engaging them. The advance money obtained was paid to Pargat Singh S/o Dhiyana singh who is residence of village-Talwandi Nepalan to buy freedom as Sukha was a “Seri” with this agriculturist. Sukha was a bonded labourer with pargat Singh for three years. Gita Devi and his husband were employed as raw Brick Molder, in vernacular called “Pathera” in the brick factory. The employer Mukhtiar Singh used to pay both the workers only Rs 1,000(Rupees one thousand) fortnightly. In January 2012 Mukhtiar singh stopped to pay their fortnightly petty expenses to Gita  and her husband. They could not been able to buy food for themselves.

They were facing starvation and Gita Devi and her children get sick due to starvation. When Gita & her husband demanded their wages from Mukhtiar Singh & Jamadar Shingara Singh then they beaten Gita Devi & her husband with sticks, they demolished the ” Jhugi”(thatch hut) and threatened  Gita Devi & her husband  that if they demand their wages in the future they will be handed over to police, because Mukhtiar Singh was not paying the earn wages of Gita Devi & her husband & they were facing starvation at the brick factory and their children were sick so they deserted secretly  from the brick factory on an early morning of 25/01/012 but due to the fear of Mukhtiar Singh &

Jamadar Shingara Singh they could not carry their households (Utensils, Apparels, One Air cooler, 4 beddings, One iron box to kept the clothes, One Scooter (Color-white, Company- Bajaj) One shackle, One Rehdi and one table fan ) with them, which are still in the custody of Mukhtiar Singh & Jamadar Shingara Singh. That now Mukhtiar Singh is demanding Rs. 50,000 (Rupees Fifty thousand) as a debt amount. Mukhtiar Singh & Jamadar Shinagar Singh is threatening Gita Devi & her husband that if they will not pay the debt amount then they will implicate his husband in a false police case. Mukhtiar Singh & Jamadar Shingara Singh is demanding the debt advance along with interest from Gita Devi & her husband, whereas the employer has withheld the earned wages of both the workmen.