Chinnarasu belongs to Arunthathiyar community. He working as a  auto driver, he was driving mini auto from caste hindu Senthil kumar for  lease. On 01.09.2012 his grandmother was suffering from fever, since he took her into Ravi hospital which was located in Talaivaipattinam  by his auto. When they return to home Gopal, Ponnusamy and Vishwanathan those who were belongs to caste hindu community. They were come by bike and they were stopped his auto. They were brutally attacked and derogatory referred by caste name and they were scolded by bad words and because he not given side way / cross way to bike while he went to hospital. He said how dalit can drive auto without way to us. They were alleged brutally assaulted him and his auto were demolished and three thousand rupees were picked up from them.  Since he and his grandmother and grandfather soughed while neighbors came. These three of them escaped from that place. He admitted in hospital, then police filed a case.

Case in Brief:

Senthil Kumar (26), resident of Anna Nagar, Karuvalur, Avinashi Taluk, Tiruppur district, belongs to Dalit Arunthathiyar community. He is working in a Power loom company in Nallikoundaanpalayam. Sangampalayam village is close to Anna Nagar. In this village, goats are frequently went missing and it was reported that a person with red color bike was identified as a thief. On 25/08/2012, While Senthil Kumar was returning home in his red color bike along with his cousin, caste hindus belonging to Muthuraja community, asked him to stop the bike. On seeing them carrying deadly weapons like wooden logs and iron rods, Senthil Kumar out of fear, rode the bike without heeding to their command. The infuriated mob chased him up to his village. Senthil Kumar hid inside his house, the mob threatened the Anna Nagar Dalits and took away his bike. The mob reported to Uppilipalayam Ward member Ganesan, that they identified the thief and caught his bike. Ganesan called Senthil kumar to come and collect the bike. When Senthil kumar and other dalits went to Ganesan’s house at Sangampalayam to retrieve the bike. On seeing Senthil Kumar the caste hindu mob caught hold him and took him to the Ganesan;s house. At the Ganesan’s house Senthil Kumar was brutally beaten with iron rods and lathis. They verbally abused him saying,” you sakkilis once not even wear Chappals infront of us and now you sakilis are riding bike in front of us. They assaulted him saying, “how dare you refuse to stop the vehicle even after we asked you to do so?. When other dalits tried to intervene to help him, Dalit women of the village, intimidated them and verbally abused them. The mob tortured Senthil Kumar and forced him to accept that he is the one who stolen the goats. After brutally assaulting him, they called up Annur police station and filed a false complaint for theft and he was remanded in police custody.

On 06/08/2012, the police called the relatives of Senthil Kumar and asked them to compromise and not to file a complaint regarding this assault. On knowing this atrocity, VCK Party and other solidarity groups staged a protest road blockade demanding severe action against the perpetrators. Bu the 50 Dalits were arrested regarding this protest. Later police filed a case against the Ganesan and arrested only one of the perpetrators namely Venkachalpathy.

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 is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. [Sec. 148 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.       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).
6.       Whoever institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe - 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)(viii) SC/ST PoA Act).
7.       Whoever gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe - 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)(ix) SC/ST PoA Act).
8.       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].
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].

Murugathal belongs to dalit community. She reside in Chathiram pudhur, Nalroad, Sathiyampalayam taluk at Erode district. She working as dalit activist and Animator in READ organisation. Mani @ Maniyal belong to caste hindu community. She was practice caste discrimination in chathiram village. She always called dalits in caste name and if she take water she clean tab five times, during the time any other dalit not allowed to take water. If dalit walk or stand in place she clean that place by the water. If any person were asked this,  she was derogatory referred by caste name.

On 25.08.2012 murugathal grandmother went to public tab, while maniyam taking water she ask to take two buckets. Maniyal derogatory referred by caste name and she said that how dalit can take water while caste hindus taking. Since murugathal asked why you scolled my grandmother, she also derogatory referred by caste name. Hence Murugathal informed to maniyal husband he also derogatory referred. Since she was files a case in bangala pudur police station. Sakthivel was arrested by police.