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Dalit Bonded Labour Bhatinda

  • Posted by: Dalit Dasta Virodhi Andolan
  • Date of incident: 14-07-2012
  • Create date: 05-03-2014
  • State:: Punjab
  • District:: BATHINDA
  • Police station:: Bhagata
  • Chargesheet:: No F.I.R.
  • Summary::

    Mithu Singh S/o Lal Singh, Age-46, R/o Village- Dayalpur Mirja, tehsil & District- Bathinda. He belongs to Majhabi Sikh caste which has been declared as a Scheduled Caste by the State Government of Punjab. He was working as a bonded labourer for the employer Jaswinder Singh @ Gag S/o Balwinder Sing R/o Village- Dayalpur Mirja, tehsil & District- Bathinda who belongs to Jatt Sikh community.

     

    He worked for the employer continuously for three years and six months. His wife Gurmail Kaur was also working as a domestic worker in the house of the employer. When he started to work for the employer the he was given a land of 15 Marlas as an advance and the employer said that he will deduct the cost of the land from his wages. Mithu Singh built two rooms in this land. In the first year the employer said that he has fixed his annual wages Rs.35000 (Thirty five thousand rupees) but he does not give any information that what wages he has fixed for his wife’s work. The employer was extracting work day and night and was not allowing them to go anywhere. Whenever they could not attend work due to some urgent work or due to illness the employer charged Rs. 300/- as a fine.

     

    Mithu Singh and his wife work for the employer continuously for three years and six months and the employer never pay them their wages and always tell them that he is deducting the cost of the land which he has given to them. The employer imposed an debt of Rs.1,50,000 (Rupees one lakh and fifty thousand) on Mithu Singh  and his wife. As the employer was not giving them any wages they stop to work for the employer. On 9-12-012 the employer come to the house of Mithu Singh  in his absence and demolished the Bathroom in their house and destroyed all the trees in their house. On 8th February 2013 Mithu Singh came to VSJ office and though a affidavit he shared all the information and request for legal help. After collecting all the information from Mithu Singh VSJ send a letter to the District Magistrate, Bathinda on 8th February 2013(Reference No:DDVA6091/012) regarding the Release and Rehabilitation of Mithu Singh and his family. As there was no information from the District Magistrate Bathinda that what action has been  taken against the employer? So VSJ filed and letter to APIO, District Magistrate, Bathinda under Right to Information Act 2005 to get the information that what action has been taken against the employer. In the reply of this letter District Magistrate sent a letter to VSJ. In this letter the SDM Rampura Fool‘s enuiry.

     

     

     DDVa write to letter.

     

    1.                   First letter was sent to District Magistrate, Bathinda on 8th February 2013(Reference No:DDVA6091/012)
    2.                   Letter to APIO, District Magistrate, Bathinda on dated 16/5/013 (Reference no DDVA/6164/012)
    3.                   Reply was received from the APIO, District Magistrate, Bathinda.
    4.                   Letter  was sent to the Chairman, National Human Rights Commission, New Delhi on dated 17/5/012, (Reference No:VSJ/6196/012)
    5.                   Letter dated  1st March 2013 was received from NHRC, New Delhi for the comments on the District Magistrate, Bathinda’s report.
    6.                   Rejoinder was sent to NHRC on dated 26th March 2013 through email.
    7.                   On line FIR was registered on 30-9-013 which was registered as no: U-Token No: 385453

    Instead of many letters to the different authorities there is not any appropriate action against the culprits.

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Compels a member of a Scheduled Caste to begging

  • Posted by: Dalit Dasta Virodhi Andolan
  • Date of incident: 14-07-2012
  • Create date: 05-03-2014
  • State:: Punjab
  • District:: AMRITSAR RURAL
  • Police station:: Ajnala
  • Chargesheet:: No F.I.R
  • Summary::

    Desa Singh S/o Harnam Singh, Age-52, R/o Village & Post office-Jagdev Kalan, Tehsil-Ajnala, and District- Amritsar belong to “Majhabi Sikh” caste which is declared as a Scheduled Caste by the state government of Punjab.

     

    On July 2012, Tarsem Singh S/o Surta Singh Village- Jagdev Kalan, tehsil- Ajnala, District- Amritsar who belongs to Caste “Jat Sikh” an upper caste has employed him in his agriculture work to work as a “Siri”.

     

    He was working in fields and does cattle farming as well. When he joined the work of Tarsem Singh, he was given Rs. 40,000 (Rupees Forty Thousand) which he spent on the treatment of his wife and for his house necessity. Tarsem Singh fixed his annual wages Rs. 37,000 (Rupees thirty seven thousand). He worked day & night during the season of wheat and paddy transplantation. After the season he worked from 5 a.m to 9 a.m for the employer including three times meals.  Tarsem Singh do not allow him for weekly rest or any leave whenever he got sick or have any other necessary work in his house. When Desa Singh does not go to his work then Tarsem Singh imposed fine on him according to his wish and adds this amount. Desa Singh is diabetic whenever he ask for his wages from the employer, he was paid only Rs.400 (Rupees four hundred) for his medicine and the employer did not pay his wages, over time, weekly rest or earned leave. His wife Bholi is working as a domestic worker in another house & his son Sher Singh is working outside as a driver, they are managing the expense of his house.

     

    In October 2012 when Desa Singh was seriously ill, Tarsem Singh liked to discontinue his services with him, as he is not physically fit to do his work. When Desa Singh requested Tarsem Singh to pay  his earned wages , Tarsem Singh abused him and threaten him and said he will not pay him his wages but Desa Singh has to pay the bonded debt of Rs. 45000/-.  Now the employer is demanding Rs. 45000/- as bonded debt amount and has threaten him that if he will not pay the bonded debt then his residencial home will forcibly taken and will through him and his all family members outside.

     

     

     

    The employer had also taken labour work from the son of Desa Singh whose name is Jodha Singh (Age-16 years).  He has taken work from Jodha singh continuously ten days when he observed that he is not fit to his work like an adult then he sent him back to his house. The employer has threatened to Desa Singh that if he will not pay bonded debt then he will forcibly take work from his family member. Desa Singh is not well and he does not want to continue his services with Tarsem Singh but Tarsem Singh is forcing him & his family members to work for him till the bonded debt clear otherwise, give him their residential house. Emplpyer came to the house and demands the bonded debt from Desa Singh and his family members and abusing them on caste basis.

     

    The complaint for their release and rehabilitation has been sent to DM Amritsar. DDVA filed a complaint to National Human Rights Commission New Delhi on dated 21 November 2012. Now Desa Singh physically free and also free from bonded debt.

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Gang rape of a Dalit Minor Girl

  • Posted by: Dalit Dasta Virodhi Andolan
  • Date of incident: 05-07-2012
  • Create date: 05-03-2014
  • State:: Punjab
  • District:: FEROZEPUR
  • Police station:: P.S. Lakho-ki-Behram
  • Chargesheet:: 64 of 7/7/2012, No charge sheet
  • Summary::

    Shanti Devi D/o Sh. Darshan Singh resident of village- Taride, Police Station- Lakho ki Behram District- Ferozepur. She belongs to Rai Sikh Scheduled Caste community and she is 16 years old.

    The father of Shanti Devi went to Delhi on 05/07/2012 on some personal business. On that day in the village home her mother, her brother (Amarjit) and Shanti Devi were sleeping. They do not have any cover on gate. Around 8pm after finishing their dinner all three were sleeping in a cot in their house. Around 11pm Shanti Devi went out to attend natures call and suddenly she was hit in the face by Harbhej Singh, s/o Hoshiar Singh, Caste Kamboj(BC), Village Taridde. The other person, Chanda Singh, Village Changa Rai Utad, lifted both her two legs and forcibly made her sit on the back of the motorcycle.

    Shanti Devi was taken to the farmhouse of Harbhej Singh where an electric light helped Shanti Devi to recognise the culprits. Harbhej Singh forcibly threw her on to the cot and raped her. During that period Chanda Singh was waiting outside the farmhouse. He subsequently also raped her in the farmhouse. Both of them also  threatened to kill her ,if she reveal this incident to any one and her relatives. Around 4am the culprits brought Shanti Devi near the village school where her uncle Makhan Singh, s/o Joga Singh had a torch light in his hand with which he could see Shanti Devi in a helpless situation. On the fear of being caught, the culprits ran away.

    Later, Shanti Devi was taken to the local Civil Hospital where she was examined by the local doctors. The case is still under investigation, the details of which are yet to be ascertained from the persons concerned.

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Human Rights Activist Raj Mohan chandra Murder

  • Posted by: Social Awareness Society for Youths-SASY
  • Date of incident: 02-07-2012
  • Create date: 19-03-2014
  • State:: Tamil Nadu
  • District:: THIRUVANNAMALAI
  • Police station:: Tiruvannamalai Town police station
  • Chargesheet:: F.I.R- Cr.No: 1051/2012, Date: 02.07.2012., Chargesheet filed
  • Summary::

     

    Late Social activist and Human rights defender Mr.Raj mohan chandra residing in Rajiv Gandhi Nager, Vaira kundru, Chengam road at Tiruvannamalai. He worked as a social activist and he worked as a free legal adviser to poor people and he filed many petitions through Right to information Act (RTI). Because of his work had many enemies around this area. On 02.07.2012 early morning he went to milk shop to buy a milk, while he return to home he was murdered by Vengatesan and and other by deadly weapon In front of Singathirthakulam pool at Tiruvannamalai. Tiruvannamalai police filed case. After many social activist protest only police arrested two accused. 

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Police Atrocity and False Implication in Villupuram district Tamil Nadu

  • Posted by: NDMJ - DELHI
  • Date of incident: 24-06-2012
  • Create date: 15-09-2014
  • State:: Tamil Nadu
  • District:: VILLUPURAM
  • Police station:: Mailam
  • Summary::

    Kolliyankulam village is in Mailam Union, Tindivanam Taluk, Villupuram District. This village is home to nearly 1500 Dalit families. R. Sakthivel, N. Selvaraj, and P. Rathinavel, belongs of caste hindu Kounder community, have occupied and built thatched houses in the temple land belongs to dalits. They were living in this temple land for the last 15 years. As the village get congested and temple worship during festival poses difficulty, Dalits and others of this village decided to build a new temple and asked the three caste hindu kounder families to vacate from the occupied temple land, . Hence the three familes were promised to be allocated another land for their residential purpose. But the caste hindu vanniyars persuaded this three families not to vacate the temple land. Due to their reesistance, a peace meeting was convened at the Taluk office by the revenue department and the three families agreed to vacate if they are provided a alternative housing land. Hence the three were provided alternative houses and land. But the three families denied to accept the offer, due to their false allegiance with the Mailam Vanniyars. On 23/06/2012, 250 dalits and other community people asked them to vacate the land. Later a scuffle broke out and the Kolliyangkulam villagers demolished the three thatched houses. As the three families filed a complaint with the Mailam police station, police officials called the village elders to broker peace. Vanniyars of Mailam village gathered in large number carrying deadly weapons. Police have allowed only the panchayat president for the meeting and they have allowed 20 caste hindu people in support of the three families. Due to this bias of the police, dalits refused to participate in the peace meeting. Vannniyars tried to attack the dalits. Hence Dalits staged a protest against the bias of the police and against the vanniyars. Later during the midnight Mailam police officials entered the dalits settlement of the Kolliyangkulam village and ransacked the properties of the dalits and brutally assaulted innocent dalits. Due to this mass atrocity commissioned by the Mailam police station officials, dalits have lost properties worth Rs. 15 lakhs.  S. Stephen, V. Murugan, Lakshmi, Vinoth kumar, Naresh kumar, Sakthivel, Vinayahamoorthy were brutally assaulted by the police mob. Police have filed false cases against the Vinayahamoorthy, Sakthivel, Mohanraj, Vijayarangam and other Dalits students. Dalits were dragged outside their houses and were subject to brutal assault by the police men and women in the public view. Due to the police atrocity, almost all the dalits of the village, deserted the village fearing further onslaught by the Mailam police station police men and women.

     

    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 - the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (Art. 15(2)(b) IC-FR).
    2.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC
    3.       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).
    4.       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).
    5.       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).
    6.       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).
    7.       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].
    8.       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].
    9.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
    10.   No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

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