Lakhbir singh, Aged 35, is a native of village Dalanpur in the district of Patiala. He belongs to the Majhabi Sikh caste which is a scheduled caste. His family consists of him, his wife and his two children. His wife’s name is Kulwinder Kaur (25 years old) and his son’s names are Jivanjot (8 years) and Ramandeep Singh (2 years). For the past seven years, he has been working as bonded labourer for his employer, Bittu Singh, who lives in the same village. He belongs to the caste “Jatt Sikh” which is an upper caste.

He has a big dairy farm where Lakhbir works, providing milk to Bittu Singh’s customers’ houses in the mornings & evenings. After this, he has to work in his employer’s fields. When the employer engaged Lakhbir in his work he gave him an advance of Rs,20,000/- for the first year of work. Lakhbir Singh used this money for the cremation of his mother and for domestic expenses. Bittu took Lakhbir Singh’s thumb impression on some blank papers so that he could claim a debt amount when the bonded labourer desired to leave his work.He worked  day and night for the employer, and Lakhbir was not allowed to go to home by the employer, despite it being in the same village. Further, Bittu was not paying him his wages and on the many occasions Lakhbir requested his wages from the employer, he only received Rs.200 or Rs.400/- a month. With this amount, it was very difficult for Lakhbir and his family to survive. Thus his wife would help and manage the household expenses by finding a job working as a domestic servant in different houses of her village. When Lakhbir could not attend work due to some necessary household task or because of sickness, the employer would put fine on him whatever he saw fit, and adds the charged amount to the original advance which was increasing with interest.

During the period of his work, Lakhbir’s children suffered from skin disease. His wife was also ill and she was unable to go to work. Thus, Lakhbir asked his employer to give him his earned wages so that he could provide the medical aid to his family. But Bittu did not pay him and  abusing him and beating him mercilessly with sticks until he was unconscious. A co-worker witnessed this and told Lakhbir’s family that he was in his employer’s fields in a serious condition.

To help, Kulwinder and Lakhbir’s nephew went to the employer and request him  that he allow them to take him to a hospital as he needed medical assistance.

Bittu Singh did not contribute any money towards his treatment so they took him to a government hospital. Lakhbir remained here for two days while he received treatment and to pay for it Kulwinder borrowed money from his relatives.When Lakhbir Singh was discharged from hospital and returned home he refused to go back to work. Not only had his employer beaten him and then refused to pay for treatment, he also not paid him his wages. This incensed Bittu, who went to Lakhbir’s home and tried to force him to go back to his fields. He threated that Lakhbir have to pay a bonded debt of Rs.75,000., otherwise he would implicate Lakbhir in a false case and that with the help of the concerned police, he would obtain his bonded debt. Finally, Bittu stated that if he did not pay, he would beat him again, throw his family out of his home and take possession of their house..

During a public meeting Lakhbir Singh met with a VSJ field animator to whom he narrated his story. Correspondingly, the field animator gave him information regarding the act for the release of the bonded labourers and information on VSJ. Lakhbir then approached the VSJ office in Phillaur with his family members. Lakhbir and his family still fear that the employer will take him back to work and beat him. Due to this they have had to leave their native village and have run away to take asylum in the Temporary Rehabilitation Centre of Volunteers for Social Justice. VSJ have provided medical aid to children for their skin diseases and also to Kulwinder who was also ill when they arrived at the VSJ office. They are now under treatment.

On behalf of the statement of Lakhbir Singh, VSJ has filed a complaint to the concerned Deputy Commissioner demanding for the release and rehabilitation of the family. His case is pending before Deputy Commissioner.

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].