Surajmal (45) s/o Onkar resides at Dayalpur village, under Kekdi police station in Ajmer Dist. with his 4 sons & 1 daughter belongs to Scheduled Caste (Bhil) community. The victim’s family works in a brick kiln at Dayalpur village to meet their daily needs. The family of Mahavir s/o Ogma, who is a paternal cousin of Surajmal also reside over there and works in the same brick kiln for their livelihood.

On 20 June, 12, about 5 p.m. Mahavir s/o Ugma, Badami Devi w/o Ugma, Kamla w/o Mahavir, Santora w/o Vaijnath, Vaijnath s/o Madu, Kishan s/o Bhadu, Ghanshyam s/o Nanda Purvia, Soji s/o Gangaram and others went to victim’s house and brutally attack Rekha d/o Surajmal. The reason behind the attack was that the accused persons alleged Rekha practicing witch craft and she killed accused person’s daughter through magic.   

Surajmal left the place along with the family for Sarwad village in the night itself to save their lives. Next day, he went to Kekdi police station to lodge complaint, but the police did not entertain his complaint.

Therefore, on 21 June, 12, he prepared a representation with the help of an advocate and submitted to SDM. With his direction the case was registered on 22 June, 12, No.223/12, u/s 143,323,341,355 IPC& of SC/ST (PoA) Act. However the police have not taken any action against the assailants. The accused persons threat the victim’s family to compromise the case or else they would take revenge. The victim’s family is under threat now. The victim has not received any compensation from the administration so far.

Mr. Veerasamy resist at Jainager, Tirupur district. He is working as a Electrician. His second daughter sakthidevi was studying in Balwadi School at Jainager. She was corporal punished by balwadi helper. She burn punishment in her hand and mouth. Police not filed case and she transfer to other school. 

Case in Brief:

 Puvalaparuthi village is in Pollachi taluk, Coimbatore district. In this village, Dalits and others are denied public road for the last 30 years, as one Sundaram built his house in the public road after allegedly getting patta over that public road. Hence Dalits and other caste hindus filed a petition with the District Magistrate regarding this. Dalit School children who happened to use a private path enroute to their school, were forced to carry their Chappals while they trespassing the private path. On knowing this untouchability practice, Dalit activist and member of District Vigilance and Monitoring Committee Mr. Jeyaraj filed a complaint the District collector and gave a new report about this practice of untouchability. Hence the local newspapers and Kumutham news reporters visited the village and interviewed the children and recorded the untouchability practice asking the children to do how they carry the Chappals while using the private path. As this report sent a shock wave, the Aliyar police officials visited the village to make an enquiry about this. Later due to pressure exerted by the anti-social elements, Dalits reported that there is no such untouchability practice. Hence Jeyaraj was called into the village and he was manhandled by the police men and the villagers. A false case was registered against him for abetment of caste conflict and disturbance to public tranquility and making false propanganda about Untouchability practice.

Legal Standard Breached:

1.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC
2.       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).
3.       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].
4.       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).
5.       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).
6.       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).
7.       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).
8.       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).
9.       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].
10.   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].
11.   Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
12.   No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

Mithu Singh S/o Bhajan Singh,Village- Dok, tehsil & District- Shri Muktsar Sahib  belong to caste “Bauria Sikh” caste which has been declared as a Scheduled Caste by the State government of Punjab.

From June 2012 he and his wife Manjit Kaur were working as agriculture labourers for Bhola Singh S/o Jwara Singh of Village- Dok, tehsil & District- Shri Muktsar Sahib, Caste: “Jatt Sikh”. They were working in the fields of Bhola Singh and also taking care of the four buffalos of the employer. Bhola Singh has given them advance of Rs. 15000 (Fifteen thousand rupees) at the time of joining the work. This amount they have spent to built their house. Bhola Singh has fixed their annual wages Rs.45000 (Forty five thousand rupees) and for his wife he has fixed Rs. 5000 (Rupees five thousand) per year and 600 Kg wheat per year. Bhola Singh extracted work from 4:00a.m to 10:00p.m. During the wheat and paddy transplantation season they have to work for him day and night. Bhola Singh has taken their thumb impressions on many tyes of blank papers. They are illiterate they could not understand for what purpose he will use these papers. Bhola Singh never allows us for any weekly rest. When we could not able to work due to sickness or any urgency then Bhola Singh charged us an amount of fine as per his own wish and adds this amount in the advance amount and charged an interest on the whole amount according to his own wish. Ten months work period Bhola Singh is never been paid my fully. He has been paid  only Rs.10,000 (Rupees Ten thousand) which they have spent during the marriage of his son. His sons are working outside on daily basis and they are managing the other expenses. During the work period Bhola Singh was abusing them on caste basis as they are from the same village and the employer knows about their caste.

On 21-3-013 in the morning when Mithu singh ‘s  wife came in the fields of Bhola Singh with our food to her husband. Bhola Singh saw her and started abusing on caste basis and beaten her mercilessly. Mithu Singh requested Bhola Singh to leave his wife and he stopped to beat  his wife and order them to work. Mithu Singh came to Bhola singh and asking information regarding his wife. Bhola singh did not give him any information regarding his wife.From that day his wife is missing and not here.

Mithu Singh requested Bhola singh that he needs to search his wife. Bhola Singh did not allow him to go out from work and suggest there is no need to search her.

One day during the work Bhola Singh beaten him mercilessly and by taking an opportunity he run away from the work of Bhola Singh. Now Bhola Singh is demanding Rs. 50,000 (Rupees fifty thousand) as a bonded debt from Mandar Singh and threatening my family members to bring him to his work.

On 4/4/013 he called his son Gurdev Singh before the village- Panchayat members and told him regarding the bonded debt. His village Panchayat said that they will talk to him in my presence. Bhola Singh was threatening his family members that he will implicate him in a false case and will handed over to police if they will not pay him the bonded debt. Bhola Singh is threatening that he will forcibly take the possession of their residential house if he will not continue his work or will not pay back him the bonded debt. 

Bhola Singh has beaten him and my wife, he has not paid their wages and is demanding bonded debt from them so they do not want to continue their services with him. When Mithu Singh came to VSJ, on behalf of Mithu  Singh VSJ sent a letter to the District Magistrate for their release and rehabilitation. Due to the fear of the employer Mithu Singh took asylum in the Transit rehabilitation centre of VSJ. With the interventions of VSJ and after presenting him before DM, Muktsar and SSP Muktsar he went back to his house.

Case in Brief:

S. Senthil (30), resident of Karai Ellapalayam, Elavamalai post, Erode district, belongs to Dalit Arunthathiyar community. He is a daily wage labour. It has been a practice in this village that a person suspected to be a thief, need to get temple ash and have to prove his innocence. Mohanasundaram lost his mobile phone and he was suspicious about Senthil. On 15/06/2012, Mohanasundaram Kounder called Ravi (resident of Karai Ellapalayam) to bring Senthil to his Korakattu thottam. Mohansundaram asked Ravi to stay back and asked Senthil to get inside the tent. When Senthil asked the reason, Mohanasundaram pushed him inside. When Senthil resisted his attempt, Mohanasundaram slapped him. Senthil ranaway from the place and reached the road. Mohansundaram chased him with a iron rod and tried to him on his head. Senthil who blocked the attempt, sustained severe injury in his hands. Escaping from the further assault, Senthil reached home. But Mohansundaram again followed Senthil to his house, he trespassed in to his house and hit him over his hand. Senthil sustained severe injury over his hands. On hearing the cry of Senthil, neighbours came to the rescue of Senthil. On seeing the gathered crowd, Mohanasundaram left the place of incident. Later Senthil was taken to the Bhavani Government Hospital and then recommended to Erode Government Hospital. Sithodu Police Inspector Namatchivayam and Bhavani DSP visited him and conducted an enquiry.           A case was registered against the perpetrator and was arrested regarding this atrocity. Senthil was provided interim monetary compensation of Rs. 15000.

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  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.       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).
6.       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].
7.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].