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A Dalit Woman Raped Jhajha

  • Posted by: NDMJ-Bihar
  • Date of incident: 12-07-2003
  • Create date: 22-03-2014
  • State:: Bihar
  • District:: JAMUI
  • Police station:: Jhajha
  • Chargesheet:: No F.I.R, No Chargesheet
  • Summary::

    Phulmanti Devi (Chamar, 28 years) is an illiterate woman. She has three daughters: the first two girls, Murti Devi (20 years) and Surti Devi (15 years), are illiterate, married and living with their respective husbands; her youngest daughter Anita (12 years), who is studying in 2nd standard in a government school, lives with Phulmanti. Phulmanti earns her livelihood by making beedis at home and selling them to a contractor.  For every 1,000 beedis she rolls, Phulmanti earns Rs.20/-. The primary occupation of the Dalits in this area is beedi manufacture and the collection and sale of firewood and dattun sticks (for teeth cleaning) from the forest.  From the age of 10 years, Phulmanti began accompanying her mother on journeys into the forests to collect dattun sticks, and then in town or in other villages for selling the sticks.  With her mother, Phulmanti travelled to distant towns like Patna and Ara, over 100 km from their home.

     

    At the age of 13 years, Phulmanti was married to Gajo Das (Chamar) of Chaien village in the same region. She lived with him for two years and during that time gave birth to two daughters.  Phulmanti says, “My husband was a goonda and a drunkard. He would often insult and beat me.” After the birth of their first child, Gajo Das remarked, “Only whores give birth to girl children first.” Phulmanti kept silent, but thought to herself, “If he’s calling me a whore today, what will he call me tomorrow?” One day after a fight, Phulmanti took her two daughters and left her husband, returning to her mother’s place.  Her husband never came to her mother’s place to retrieve her, and Phulmanti refused to return to her husband on her own.  In this manner the two were permanently separated, though they never obtained a legal divorce.  Phulmanti and her two baby daughters lived at her mother’s house. Also living with their mother were Phulmanti’s two brothers, Huru Das and Yogender Das, both of whom were illiterate and sold dattun sticks for their livelihood.  One year after Phulmanti’s return to her natal home, in 1992, her elder brother Huru Das arranged for Phulmanti’s second marriage.  On the evening of the wedding day, the bridegroom arrived with the wedding party.  Phulmanti’s family welcomed them, fed them snacks and initial marriage rituals were performed. When it came time for the actual marriage ceremony, however, Phulmanti refused to sit in the allocated place, saying, “I will not marry him.  I do not like this boy.”  When pressured by her family, Phulmanti shouted, “If you marry me to this boy against my will I will jump into the well and drown myself!” The bridegroom and his family were embarrassed and frightened by her behaviour. The same night, they returned to their village without having completed the marriage. Two days later, Phulmanti left her village to sell dattun sticks at the Ara Railway Station many kilometres away from her village.  She was 16 years old.  Her daughters remained in the village while she travelled alone to Ara to sell the dattun.  Initially, Phulmanti went to Ara for two or four days at a time, and would return home in between.  At Ara, she slept on the railway platform.

     

    Phulmanti says, “On the platform, a few boys and sometimes police used to harass me.  One day a Central Railway Police Force (CRPF) officer asked me about my family.  I told him that my brother ran the household and I didn’t like my sister-in-law.  He asked me to work in his home and promised to pay wages.  I agreed and began working in the CRPF camp, hoping to earn a better livelihood.  But then he and the other CRPF men raped me.  They raped me whenever they wanted to, and after a few months when I fell ill, they gave me Rs.500/- and sent me away.” Near the entrance of the Ara Railway Station, a dominant caste Kayasth man named Arun owned a tea stall (which later grew into a small restaurant).  Arun offered to let Phulmanti sit next to his tea stall to sell her dattun sticks.  Phulmanti appreciated the kindness as the location was good for her business. One evening at about 7:00 p.m., however, Arun called her into his tea shop to help him with something.  She went inside to help him, but he then forcibly seized her by the arm, forced her onto the floor, and raped her. Phulmanti was upset, but she felt dependent on Arun for the space in which she conducted her thriving dattun business, so she remained.  Gradually, over the next several months, Arun developed a sexually exploitative relationship with Phulmanti, using her when he wanted. He also brought his friends Manoj Modi (BC Bania) and Vijay Bind (MBC Bind), who began to use Phulmanti sexually as well.  For the next six years, Phulmanti lived mostly on the Ara Station platform, selling dattun sticks and enduring sexual exploitation from these men.  Three times, she became pregnant and had abortions performed. During this period she returned to her village less and less often.

     

    Near Ara Station is a place called Sindhi Gate, where a man named Lokodas from Phulmanti’s village used to sell dattun. When Lokodas grew too old, his son Karu began selling there. Along with him were two other Chamar boys from the village, Kamdev and Bhola.  The location was very good for selling dattun, and Phulmanti wanted to shift her business to Sindhi Gate. Since the boys were not willing to share the space with her, in 1999 she arranged for some goondas to intimidate the boys to vacate the location.  The goondas beat up Kamdev, Bhola and Karu, who then returned to their village. Phulmanti began selling dattun from Sindhi Gate and kept up a brisk trade. She remained in Ara for six months at a stretch, the longest period she had spent without returning to her village at all. When she returned to Ganeshadih in 2000, a caste panchayat (Chamar community panchayat) was convened and Phulmanti was told to attend.  Karu had informed the people of the village that Phulmanti was engaged in prostitution, and the community elders had decided to punish her.  Sarpanch Narsingh Das (Chamar) convened the panchayat. In front of the community, Phulmanti was reprimanded for having loose morals and was fined Rs.1,500/-. The panchayat forbade Phulmanti to sell dattun any longer and encouraged her to remain at home and make beedis for her livelihood.  Her brother Huru Das paid the fine on her behalf, and with the amount the panchayat bought supplies for community meals (a large cooking vessel, strainer, utensils, etc.).

     

    Despite the panchayat ruling, Phulmanti returned to Ara and resumed her business there.  When she returned to Ganeshadih in 2001, another caste panchayat was convened in which Phulmanti was again reprimanded.  This time, though, the panchayat went further and banned all women in the village from selling dattun sticks, and decreed a Rs.1,000/- fine for any woman caught selling goods outside of the village.  A document to this effect was written and signed by the village elders. After this, Phulmanti remained in the village.  She had returned from Ara with collected earnings of Rs.10,000/-, with which she arranged her two daughters’ marriages and bought a small plot of land on which she constructed a mud hut for herself.  She took up beedi making for her livelihood. In 2002, Phulmanti became pregnant.  Her brother immediately arranged another marriage for her.  She was married to a 40-year old Chamar man who worked outside the village in a factory in Calcutta.  Phulmanti lived with him for one month when he realised that she was pregnant.  She said that the child was his, but he did not believe her because the pregnancy was too advanced for just one month.  After a quarrel, Phulmanti left her husband and returned to her mother’s home.  There she gave birth to her third daughter Anita.

     

    Also in 2002, Phulmanti’s mother and brother Huru Das died.  Thus, Phulmanti began living alone with her baby daughter in the small mud hut she had built for herself. To manufacture beedis at her home, Phulmanti had to work through contractors who provide the raw materials and sell the completed beedis.  In 2002, Phulmanti’s contractor was Muneshwar Sahu, also known as Barah (BC Teli), a dominant caste man from another village.  When Phulmanti came to him to acquire raw materials for her beedi-making, Muneshwar Sahu used his social and economic status to pressure her into a sexually exploitative relationship.  He provided her basic household supplies like pulses, rice and oil, in exchange for sex. In July 2003, this pattern of sexual exploitation became known in the village, and sarpanch Narsingh Das convened another panchayat.  In this panchayat, Phulmanti was reprimanded for having a relationship with the Teli contractor.  The panchayat fined her Rs.100/- and ordered her not to obtain raw materials for her beedi making except during daylight hours.  During the panchayat, Phulmanti grew irritated with the village elders and spoke angrily at them.  At this point Kamdev, one of the boys whom she had had beaten by goondas in Ara some years earlier, stood up and slapped Phulmanti in front of the whole community. One month later in August 2003, the village elders found an eligible Chamar man and brought him to marry Phulmanti.  The man was Kesav Das (45 years), a shoemaker by profession.  The very first day after the forced marriage, Phulmanti chased Kesav Das from her house and he never returned. As Phulmanti Devi never filed a case against any of the perpetrators, there is no police case.

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Social Boycott with Dalits to use common land

  • Posted by: Dalit Dasta Virodhi Andolan
  • Date of incident: 22-06-2003
  • Create date: 02-03-2014
  • State:: Punjab
  • District:: SANGRUR
  • Police station:: Bhawanigarh
  • Chargesheet:: Cri. Writ Petition no. 1369 of 1995 before P & H High Court, No Chargsheet
  • Summary:: There was confrontation between the scheduled caste and the Jat Land owners in village (Hasanpur) located in Tehsil Bhawanigarh, District- Sangrur. The Scheduled caste were cultivating 11 acres of Shamlat land in this village which was objected by Jat Landlords. These lands were forcibly taken away by the landlords. The scheduled castes took a decision to resume the lands from the land owners. The landlords played a trick to persuade a scheduled caste named Ram Asre to bid auction. Ram Asre was successful in the bid for Rs. 93500. He played foul and gave the land to the landlords at the double rate. The Dalits objected to such foul play; the landlords supported Ram Asre and they had severely beaten three Dalits involved in the confrontation. There were Gurcharan Singh, Rampal Singh and Birbal Singh. They also lodged a complaint against the three Dalits in the police station (Amar Ujala, Chandigarh 23rd June 2003). List of Bonded labourers who were released from Village- Dalel Singh wala, District- Mansa in the year of 2003 released by DDVA. Sl.No Name of the bonded labour Age Sex Caste Debt bondage Employer Period of bondage Remarks 1. Gurjant Singh@Bhola S/o Sukhdev Singh 39 year Male Ramdasia 9000/- Guljara Singh 2 years(1991-1992) The landlord has 24 acres land & four bonded laboures All released 2. Roop Singh S/o Lakha Singh 38 years male Thori (Bc) Kirpal Singh 1989-1993 26 acrecs & two bonded labourers released 3. Benat Kaur w/oRoop Singh 22 F Thori (Bc) Cattle shed cleaning in the house of 4 landlords 1990-1993 Bonded debt from Kirpal Singh 4. Lakha Singh S/o Budh Singh 60 years m Thori Gurdev Singh 1992-93 45 acres 2 bonded labourers released 5. Choti w/o Lakha Singh 58 years F Thori Bonded debt of 4 family members Rs.1,20,000/- Cattle shed cleaning in the house of 3landlords 20 years bondage 6. List of accused Criminal Writ Petition no. 1369 of 1995 filed by the Complainant (Bonded Labourers) relating to social boycott in Village Bathoi Kalan Distt. Patiala. Senior Superintendent of Police, Patiala & 24 Others The above account of the social boycotts of the dalits is a direct outcome of the campaign of DDVA for the identification, release and rehabilitation of bonded labourers. The campaign of DDVA not only raised the level of awareness and conscientization of the dalit bonded labourers. This has also provided dalits to demand their release from the clutches of the landlords and also for the payment of fair wages. Some of the social boycott is also related to the assertion of dalits for their land rights and housing rights. The awakening among the bonded labourers and dalits is a welcome sign for their future emancipation.

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Social Boycott with Dalits Hassanpur

  • Posted by: Dalit Dasta Virodhi Andolan
  • Date of incident: 14-06-2003
  • Create date: 02-03-2014
  • State:: Punjab
  • District:: PATIALA
  • Police station:: Nabha
  • Chargesheet:: No F.I.R.
  • Summary:: There was confrontation between the scheduled caste and the Jat (Land owners) in village Hasanpurlocated in Tehsil Nabha Dist-Patiala. The Scheduled caste were cultivating 11 acres of Shamlat land in this village, was objected by Jat Landlords. These lands were forcibly taken away by the landlord. Scheduled caste took a decision to resume the lands from the land owners. The landlords played a trick to persuade a scheduled caste named Ram Asre to bid auction. Ram Asre was successful in the bid for Rs. 93500. He played foul and gave the land to the landlords at the double rate. The Dalits objected to such foul play; the landlords supported Ram Asre and they had severely beaten three Dalits involved in the confrontation. There were Gurcharan Singh, Rampal Singh and Birbal Singh. They also lodged a complaint against the three Dalits in the police station (Amar Ujala, Chandigarh 23rd June 2003).

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Murder of a Dalit Following Previous Enmity

  • Posted by: Dalit Sthree Sakthi (DSS)
  • Date of incident: 28-05-2003
  • Create date: 21-03-2014
  • State:: Andhra Pradesh
  • District:: MAHABUBNAGAR
  • Police station:: Jadcherla
  • Chargesheet:: F.I.R- 29.5.03, No.93/03, u/s 302, 34 IPC & 3(2)(v) of SC/ST (PoA) Act., Chargesheet filed
  • Summary::

    The victim Kotha Laxmaiah (25) s/o Kotha Ramaiah belongs to SC caste and resident of Chinna Adirala village of Jadcherla mandal in Mahaboobnagar district. He is working as farm servant of Venkat Reddy of the same village. On 28.5.2003 his son-in-law came to him and asked to give Rs.1000/-. The victim left the village on 28.5.2003 to get the money from Amarnath Reddy of Ekwaipally. The two accused Chapala Venkataiah and Byramoni Venkataiah belong to BC caste met the victim at Kakunur and purchased liquor from the shop and reached Ekwaipally bus stop. At that time all the three were drunk. As per the plan the two accused attacked the victim with knifes and chased him in to the fields and caused multiple stab injuries and killed the victim in the fields of Gaddam Srisailam. Chapala Venkataiah the first accused threw a big boulder on the head of the victim and killed him.

     

    On 29.5.2003 Kotha Ramaiah found the dead body of his son Kotha Laxmaiah near the agricultural land of Gaddam Srisailam in the limits of Ekwaipally village. He found stab injuries on his body and blood stained stone near his body. Jadcherla police registered the case in Crime.no.93 of 2003 u/s 302 r/w 34 IPC and S. 3(2)(v) of SC/ST POA Act, 1989. CI of Police visited the place of offence and sent the body for post mortem. The medical officer opined that the cause of death is due to injury to vital organs (lungs and brain). The accused confesses in front of CI of Police and the SDPO done the investigation and sent the accused to the judicial custody. Court said that it is a settled proportion of law that probabilities however strong and suspicion however grave, can never take the place of proof.  In this case the prosecution has not placed any material at all to prove the guilt of accused. Hence the accused cannot be found guilty of the offence. Accused no. 1 and 2 are found not guilty of the offences u/s 302 IPC and S. 3(2) (v) of SC/ST POA Act, 1989 and they are acquitted under S.235 (1) of Cr.P.C.

     

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A Dalit Beaten to Death for Giving Witness in the Court

  • Posted by: NDMJ-Bihar
  • Date of incident: 21-05-2003
  • Create date: 22-03-2014
  • State:: Bihar
  • District:: PATNA RURAL
  • Police station:: Bihta
  • Chargesheet:: F.I.R- 21.05.03, No. 125/03, u/s 341, 323, 324, 307, 302, 34 IPC, Chargesheet filed
  • Summary::

    The deceased Hardev Manjhi belonging to Musahar(SC) in the village Dariyapur, Bihta post and police station, Patna district, Bihar state, was a labourer in the field of a non-dalit farmar. His family consisted of his wife Mati Fulkuri Devi, 65, two sons Gendhari, 30, and Tetar Manjhi, 40.

     

    Late Hardev Manjhi was a labourer in the field of Yugal Kishor Singh, 58, s/o Ramlaxman Singh. He was an innocent worker. He was loyal to his boss. There was a land dispute between Yugalkishor Singh and Godil Singh. Hardev Manjhi was the witness from the side of his master. He gave the witness in the court in favour of his master. That was the reason for his death. On May 21, 2003 Gondhari Manjhi s/o the deceased had gone to sell the fish he had caught in the nearby market at Lai. The accused Godil Singh was taking todi (intoxicated juice) saw Gondhari Manjhi and called for him but fearing that the accused may snatch the fish he did not turn to him. Angry with that the accused got up, went to him and started beating him. On seeing him, the father of Gondhari Manjhi, late Hardev Manjhi ran to him for his rescue. The accused left Gondhari Manjhi and started beating him black and blue with sticks. The victim died on the spot.

     

    On 21/05/2003 the FIR no. 125/03 was lodged under the IPC sections 341/ 323/ 324/ 307/ 302 and 34 but no section of SC/ST POA is registered. And on 22/05/2003, the dead body of Hardev Manjhi was taken to the Sadar Hospital in Danapur for the postmortem report. And BDO had given his family Rs. 1000 for the cremation of the deceased promising them to give Rs. 9000.00 later on, which they never got.

     

    The trial of the case is still going on. The inquiry report has been submitted to the court and the main accused has already surrendered himself before the court. At present the accused has been arrested. No SC/ST Act has been put to the case. No compensation has been given. His master too has done no help to the family instead he has joined the accused and supporting them.

     

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