Brief summary of facts:

Family members migration after the Scheduled caste youth was burn alive, three persons seriously injured and Property destroy (house burned, Shop destroy) in the Ankolali village of Una block in Junagadh district in Gujarat

               Ankolali is located 10 KM Away from the Una block place of Junagadh district in Gujarat. Population of this village is around 1800, main dominant caste is Koli, only one dalit family living in the village. Ankolali village coming under Gir Gadhada Police station, Una block, Junagadh district in Gujarat.-

                         In Ankolali village there are all the families who are living in this village they are dependents on the agriculture and mines activities. One Dalit family who are survivors in this incident now they are migrant and living in Una city by rental house. This Dalit family head Kalabhai have five son and they are living collectively in the family in the Ankolali village. Four sons are married. . In 1977 they get land 14 vigha from the Government so they are self employer and also they have one shop for the Puncture rearing. So they are not dependable on dominant in the Ankolali village.

                           On 13^th September 2012 early in the morning 7:30 to 8 AM mob came at Kalabhai’s house with crying loudly. Three days back Rajiben Dhirubhai aged 19 year was missing from the Ankolali village and it was suspect on the Laljibhai that he supported to other person for his daughter’s Kidnapping.  Kalabhai Sarvaiya and his wife and sons were at house at early in the morning and Laljibhai was slept in the house. Dhirubhai koli who are the father of the Rajiben speak and alleged to the Kalabhai that “your son is involving in my daughter for Raji’s kidnapping give me information where is she and where is your son Lalji” Kalabhai said” my son is in my house and he is sleeping in the room” mob anger on the Kalabhai and his family and started attack by to throw stones on Kanabhai’s house. There were around 500 peoples in mob and with stones, sticks. Rods and others come with Kerosene and petrol can and spray on house and burn alive to Laljibhai Kalabhai Sarvaiya aged 27 and burned house, one Lakh Cash, Shop and destroy all the house materials and also attacked on other family members who are wounded by Mob of the Koli communities. Before the death Laljibhai call to Bijalbhai a social worker of Una for help, Bijalbhai informed to Gir Gadhada Police station. Rushed police at the village but Laljibhai died at spot in the house. 108 called by the victim but it stopped by villages form Koli community on the road near village.

                       After the incident police came and lodge the FIR on five hourlate. FIR lodge by Kalabhai Jethabhai Sarvaiya, aged 69 year in Gur Gadhada Police station Una, Block of Junagadh district for his son burn alive and house burned and three family members seriously injured in this incident. Deceased Laljibhai Kalabhai Sarvaiya aged 27 year found dead from his house by burn alive. Gir Gadhda Police station, Junagadh district, lodges FIR under Crime reg. no. I- 47/12 IPC, 302, 324, 436, 143, 147, 148,149, 449, 342, 120-B, GPA- 135, and 3(2)5 of SC/ST act .Investigation started by officer: Deputy Superintendent of Police Zala, Veralval Division and 11 accused arrested from spot. Eleven Accused arrested by the Police all are in jail. Accused names 1.Banabhai Kanabhai Vaja (Koli)-Village head (Sarpanch) 2.Gabharubhai Kanabhai Vaja(Koli)-Brother of village head. 3. Dhirubhai Virabhai Vaja (Koli)-Father of Rajiben-who were missing 4. Laljibhai Vasharambhai Vaja (Koli). 5. Panchabhai Lakhabhai Vaja(Koli. 6. Arjanbhai Babubhai Makwana (Koli). 7. Hamirbhai Arjanbhai Vaja (Koli). 8. Babubhai Danabhai Vaja (Koli). 9. Rambhai Bhikhabhai Vaja (Koli). 10. Bhikhabhai Virabhai Vaja (Koli). 11. Praveenbhai Dhirubhai Vaja (Koli) who are mail accused involved in this incident but some other are not arrested. Police not took remanded of accused so not more accused name came out who was involved in this incident. Family migration from the Ankolali village to Una city because of fear of the accused and their relatives and not sufficient police protection to the victim’s family members in Ankolali village.

List of lives effected :

List of Property destroy/damage

1. Allegations of human rights violations:

All members from Scheduled caste family spot migration at Una city at Dr. Ambedkar colony.

     Finally, the Dalit youth was burn alive in his house by dominant caste people in Ankolali village. Other three family members seriously injured in mass attack and hospitalized civil hospital Una city, Junagadh district. There are the violation of Article 21 (Right to life), Art. 14 (Right to equality), Art. 15(Discrimination based on Caste), and Art.17 (Prohibition untouchability) of the Indian Constitution and Ii is also the violation of sections 3(1)3, 10, 14, 15, 3(2)3,5 and 3(2)7 of the SC/ST (PoA) Act, 1989. The family lives in constant fear of further attacks from the dominant caste people.

Sr.no.

Name

Age

occupation

Relation with victim

1

Kalabhai Jethabhai Sarvaiya

69

labor work

Father of deceased

2

Kamlaben Kalabhai Sarvaiya

65

Labor work

Mother of deceased

3

Laljibhai Kalabhai Sarvaiya

27

Labor work

Deceased

4

Piyushbhai Kalabhai Sarvaiya

20

Labor work

Son

Sr.no.

Name

Age

occupation

Relation with victim

1

Narendrabhai Kalabhai Sarvaiya

32

labor work

self

2

Malaiben Narendrabhai Sarvaiya

30

Labor work

Wife

3

Mayuriben Narendrabhai Sarvaiya

6

Student

Daughter

4

UtamKumar Narendrabhai Sarvaiya

3

Student

Son

5

Sonalben Narendrabhai Sarvaiya

1.5 year

       -

Daughter

Sr.no.

Name

Age

occupation

Relation with victim

1

Jayantibhai Kalabhai Sarvaiya

30

labor work

Self

2

Vanitaben Jayantibhai

28

Labor work

Wife

3

Parthkumar Jayantibhai

2.5

         -

Son

Sr.no.

Name

Age

occupation

Relation with victim

1

Jinabhai Kalabhai Sarvaiya

26

Labor work

Self

2

Jayaben Jinabhai Sarvaiya

24

Labor work

Wife-Died after   Shocked to see burned house o n 29/9/2012

3

Bhuvishaben Jinabhai

1

Labor work

Daughter

Complainant prays for judgment against Respondents as follows:

1. Immediately produce complainant and witnesses before the Magistrate and make a statement under Crpc 164.


2. Police protection needed to the family, round the clock 24 hour at the house. deploy special police for at survivor’s house.


3. Victim’s family migration Ankolali village to Una city so rehabilitation needed to under special contingency plan under SC/ST (PoA) rules.


4. Government should make a employment under state government for deceased dependent.


5. Government should allocate 10 acre land for agriculture to each family.


6. Provide compensation to the tune of Rs. 5, 00,000/- to the family of the victim as per the provisions of Dr. Ambedkar National Relief to the Schedule Caste Victims of Atrocities Scheme (Murder of a earning member of family).


7. Government must be Appointment of credible Advocate as a Special Public Prosecutor in these cases which are worst Human rights violation..

1. For Respondents to follow Rule 15(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, including providing for:


2. Mandatory compensation for the victim;


3. Scheme for strengthening the socio-economic condition of the victim’s family.


4. Scheme for employment in Government or Government undertaking to the dependent or one of the family members of the victim as per as 15(1)d.

1. For Respondents to take proper action against the negligent authorities, as per Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989;


2. For Respondents to attach the property of all the perpetrators, as per Section 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989;


3. For Respondent to include these demands in the agendas of the State- and District-level Vigilance committees and have these committees convene a meeting immediately to address these demands, as per Rules 16 and 17 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.