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Gang rape of a Dalit Woman PS Mallan Wala

  • Posted by: Dalit Dasta Virodhi Andolan
  • Date of incident: 17-08-2012
  • Create date: 05-03-2014
  • State:: Punjab
  • District:: FEROZEPUR
  • Police station:: PS Mallan Wala
  • Chargesheet:: 376/342/341/323/149, No Charge Sheet
  • Summary::

    Baljit Kaur w/o Sh.Chiman Singh is a resident of village- Basti Dula singhwala, Tehsil-Zira District- Ferozepur. Baljit Kaur belongs to the Rai Sikh Scheduled Caste.

    On 17/08/2012 she went out her house to throw away waste materials. As she did this, SKripal Singh alias Pala Nihang, s/o Chanda Singh belonging to the Jat Sikh(General) community raised his voice that they should take Baljit Kaur and to not let her go free. There were the following persons on the wait to drag Baljit Kaur to the house of Bakshish Singh.

    Baljit Kaur was locked inside the house where she was gang raped by Bakshish Singh, Beba Singh, Jaila Singh and Karan Singh. Gurmit Kaur and Kirpal Singh were outside to watch. Baljit Kaur tried to raise her voice but the culprits, forcibly stopped her. The gang rape continued for one and a half hours, whilst the mother in law of Baljit Kaur went looking for her daughter in law.

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Compel a member of Scheduled Caste to commit Suicide

  • Posted by: Dalit Dasta Virodhi Andolan
  • Date of incident: 11-08-2012
  • Create date: 05-03-2014
  • State:: Punjab
  • District:: SANGRUR
  • Police station:: Sunam
  • Chargesheet:: No F.I.R
  • Summary::

    Avtar Singh was employed by Baru Singh in the village of Gandua, tehsil-Sunam, District Sangrur. , Avtar, was Scheduled Caste in Punjab, the Majhabi Sikhs.  Avtar had worked for him for three years as a bonded labourer. the employer, Baru was a member of an upper caste, whilst the labourer. In his first year of employment, Avtar received an advance of Rs.25,000/- from Baru. However, the fixed salaries they agreed upon in Avtar’s second and third years of employment were never received. These amounted to Rs.30,000/- and Rs.50,000/- respectively. In reality he rarely got more than Rs.200-400/- per month.

     

    Avtar’s wife, Jasvir Kaur, was also employed by Baru, working under the same advance amount as her husband, cleaning Baru’s house and cleaning the dung of his cattle. To help manage the family’s domestic expenses and to ensure their nine year old son, Gupreet Singh could attend school, she also worked in the houses of other employers. Avtar unwittingly provided his thumb print on some blank papers when requested to do so. As Avtar was illiterate and not aware of what the papers were for, the employer was able to easily obtain this. Employer of bonded labourers often does this so that they can claim their bonded debt from the labourer through the legal system at a later date. It is also another classic form of caste discrimination.Baru Singh expected Avtar to work all day and night regardless of his illness. When Avtar was sick and went his home to rest, Baru ordered him to come over to his house, beat him mercilessly and force him back to work.

     

    On 11/08/2012, when Avtar complained that he was sick at work and requested him to grant him some leave to take rest, the incensed Baru beat him and not allowed him to rest. Consequenly Avtar drunk pesticides which he used in the fields in a bid to take his own life.  There was no alternative and option for him.

     

    Jasvir and Baru took Avtar in a hospital and try to save his life but it was too late and pronounced to dead. Due to her illiteracy and because of pressure placed upon her by the employer, Jasvir was unable to make any legal complaints against Baru.

     

     

     

    Only a month after Avtar’s death, the employer’s wife, Gurmail Kaur, came to Jasvir’s house and forced her to go to work, stating that until the bonded debt was cleared she would have to work them.

     

    A VSJ field animator met Jasvir, who, on recounting her story was brought into the VSJ office in Phillaur. A complaint has now been filed to the Senior Superintendant of Police and District Magistrate in Patiala by VSJ on Jasvir’s behalf. Due to the complaint to the Distric Magistrate, Sangrur the employer said that he don’t want any bonded debt from Jasvir Kaur. Now Jasvir Kaur is working as a daily wage worker. Her son Gurpreet Singh @ Gopi is going to school he is studying in 5th class.

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Gang rape of a Dalit minor girl and murder of her mother- Kalsi Village

  • Posted by: NDMJ-Haryana
  • Date of incident: 06-08-2012
  • Create date: 28-11-2013
  • State:: Haryana
  • District:: KARNAL
  • Police station:: Butana Nilokheri
  • Summary:: On 6th August 2012 a Dalit girl named XYZ (15) d/o Dharampal a daily wage labourer belonging to Schedule Caste (Shainshi), r/o Kalsi Village, Nilokheri Block, Karnal district, Haryana was raped by two youth; Aman s/o Sultan and Krishan s/o Fateh Singh belonging to Rod community r/o Lathron village. The victim was on her way to Govt. Sr. Sec School around 7.30 in the morning along with her neighbor, Kusum when the youth kidnapped her from the village bus stand in a swift car. Her neighbour colluded with the youth and told her parents will be killed by the youth if she refuses to accompany them. The youth took her to Kurukshetra and repeatedly raped her. They threatened to murder her parents if she disclose about the incident to anyone and left her at a nearby village, Yunishpur. The victim told her mother Kamlesh about the incident after two days. The family decided to remain silent fearing social stigma and stopped sending her to the school. However, her mother Kamlesh wanted to protest against the incident. On 3rd September, 2012 Kamlesh left for check up at a dental clinic in Nilokheri around 8.30 AM in the morning. She did not return home that night and her husband registered complaint at P.S. Butana Nilokheri on the same day. Kamlesh’s dead body was found by police on 5th September 2012 at the nearby Sirsa canal. Dharampal submitted a complaint for gang rape and murder against the same accused on 5th September, 2012. Ram Prakash, Sub inspector, P.S. Butana, who is a relative of the accused Aman and Krishnan, tore the complaint written by the victim and forced him to sign a complaint drafted by himself. When the victim complaint about this incident to the SP the SI was transferred. However, no action has been taken the SI. On 5-9-12, FIR No. 354 has been registered as a missing person complaint under the following sections 363/366A/506/365/34 IPC. On 7-9-12, section 302 IPC (murder) was added to the FIR No. 354. A separate FIR No. 394 for the rape case was registered only on 20-9-12, under the following sections 363/365/376G/506/120B IPC. Police later invoked Section 3 SC/ST POA act, 1989 in rape case. Two accused namely Aman and Kusum were arrested but Krishan has not been arrested till now. Police did not make any arrest in the murder case.

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Denial of Public Path for Temple Festival

  • Posted by: NDMJ - DELHI
  • Date of incident: 03-08-2012
  • Create date: 15-09-2014
  • State:: Tamil Nadu
  • District:: VILLUPURAM
  • Police station:: Sangarapuram
  • Summary::

    Sesasamuthiram village is in Sangarapuram Taluk, Villupuram district. 150 Dalit families are resident of this village and the caste hindus around 5000 families are living in this village. Most of the dalits are landless agricultural labourers. In this village with the help of the Vanniyar community Subramanian who contested the Panchayat president, Dalits have bought one new Temple car for the festivities. Every year during the month of July dalits celebrates Mariamman Temple festival for five long days. During the final day of the temple festival, they used to carry the deity in the temple car along the public path. But caste hindus who could not digest the celebration of Dalits with the newly bought temple car, denied the dalits to use the public road for the temple car procession. As the Dalits filed a petition with the police station and the RDO, district administration convened a peace meeting to resolve the issue. As the caste hindus vanniyars denied permission to dalits to access the public road for the temple car procession, District administration issued a prohibition order against the Dalits denying the temple car procession. On 06/08/2012, when the dalits tried to take the temple car through the public road, Vanniyars stood on the way with deadly weapons blocking the way denying access to the public path. On 21/09/2012, as the Vanniyars and District Administration denied permission, Dalit women of this village started a fast unto death protest in front of the Mariamman Temple. On 23/09/2012, dalit women fainted and were hospitalized for medical assistance. On 24/09/2012, police arrested the women who took part in the fasting and were imprisoned in the Cuddalore Central jail.

     

     

    Legal Standard Breached:

     

    1.       No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to - (a)  access  to  shops,  public  restaurants,  hotels  and  places  of  public entertainment. (15 (2)(a,b) of IC-FR). 
    2.       Whoever wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water; 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)(v) of PoA Act].
    3.       Whoever forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence, 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)(xv) of PoA  Act].
    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.       Whoever denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to; - - 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)(xiv) SC/ST PoA Act).
    6.       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].
    7.       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].
    8.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].

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Murder of a Dalit Woman & 8 Others Injured Over a Land Dispute

  • Posted by: Centre for Dalit Rights
  • Date of incident: 02-08-2012
  • Create date: 24-03-2014
  • State:: Rajasthan
  • District:: ALWAR
  • Police station:: Bansure
  • Chargesheet:: No Chargesheet
  • Summary::

    Diseased Mutka Kallo Devi (50) w/o Nibori Ram is the resident of Kharnal near Danitan Jotpur village, under Bansure police station in Alwar Dist. belongs to Scheduled Caste (Bawaria) community.

     

    The diseased had a piece of cultivable land and she used to cultivate different kinds of seasonal crops. The accused persons had a bad eye on the land to grab from her. According to their plan, Tulshi Ram s/o Umrabmal, Ghanaram, Girdhari lal, Mukhram, Hajarilal, Chhagram, Ramkaran, Ashok kumar, Chetram and other people from Gurjar community of Jotpur village, went with a tractor to field of victim and destroyed entire crop. When the victim protested against this, the assailants abused and brutally attacked her.

     

    Thus, Mutka Kallo Devi lodged complaint in Bansure police station on 21 June, 12 & submitted a written complaint before the D.S.P, Baharode on 23 July, 12; however the police did not take any action against the assailants, which provoked them to make further crime.

     

    Thus, the assailants convened a meeting for all Gurjar community, where they unanimously decided to attack the family. On 2 Aug, 12, as per their plan a mob of about 300 Gurjar people, namely Sonu bai, Sundar bai d/o Banwari lal, Reen w/o Uday Bhan, Suman bai, Asha bai, Jyoti bai, Salma (8) d/o Banwari Singh and others went to the victim’s family, well armed with lethal, stick and other deadly weapons and brutally attacked them, as a result Mutka Kallo Devi died on the spot. A criminal case was registered against the assailants on the same day, case no.313/12, u/s 452,447,143,323,302 IPC& 3(2)(v) of SC/ST (PoA) Act. On 13 Aug, 12, the police arrested two perpetrators namely Tulshi Ram s/o Umrabmal & Moti Singh and others absconding. Due to continuous threat by the perpetrators, the victim’ family migrated to Bansure to save their live. The case is under investigation. The victim’s family has not received any compensation from the administration. 

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