Bahadar Singh @ Chota S/o Madho Singh, Age-45, R/o Village-Kasba, tehsil-Dudan Sada, District-Patiala belongs to “Valmik” which has been declared as a Scheduled Caste by the State government of Punjab. For the last 30 years he was working as a “Siri” (bonded Labour) with Balkar Singh S/o Darshan Singh, village- Balbeda, tehsil & Distrct- Patiala who belongs to Jatt Sikh community. Since he was 15, he was working there. In beginning he was working as a “Pali”(Cattle tender) and worked also as a servant in the dhaba named “Punjabi Rasoi” of the employer. The employer gave advance to Bahadar Singh‘s father, and he was a child at that time. When his father died, he worked continuously for five years for the employer. When Bahadar Singh was 18 years old his employer starts to take work as a “Siri”. Bahadar Singh was working from 6:00 a.m to 8:00 p.m in the Dhaba and after that he works in the fields of the employer and in the night again the employer ordered him to go to his Dhaba and work. The employer was not providing him for any weekly rest or over time. He was not allowing him to go to his house. Employer took his thumb impression on various papers for which bahadar singh is not known, as he is illitriate. One day, during his work period as per the order of the employer, Bahadur Singh tried to take the Dog (domestic dog of employer) outside. When Bahadar Singh opened chain of the dog, dog dragged him, then bahadar singh fallen down to the nearby iron box and his left knee was injured seriously. He requested to the employer to provide him money for the treatment of his knee, the employer denied. Bahadar Singh’s elder sister named Paramjit Kaur arranged money for the treatment of Bahadar Singh. Bahadar Singh was unable to work for the employer due to his injury of knee. When he demanded his earn ages from the employer and said that he does not want to continue his services with him as he is not able to work.

The employer abused him on caste basis and thereated that he will take possession of his home and will not pay any wages and imposed a debt amount of Rs. 90,000 (Rupees ninety thousand) on him. The employer did not pay his earn wages of Bahadar Singh of his thirty years work and was demanding the bonded debt.          The complaint was sent to the District Magistrate, Patiala for his release and rehabilitation but no action has been taken against the employer. 

The village Vad is situated in lunavada taluka of Panchmahal district. On the day of incident at around 11 o’clock in the mroning the sister of the complainant Manishaben and Gangaben Somabhai and Nathiben Jethabhai Vankar etc. were taking water from the tap of panchayat near his house. At that time the accused G P Joshi came there with his four vheicle and stopped there and started shouting at all women who were taking water. The accused used abusive language regarding the caste of the women.

All the women who were taking water belong to shecdule caste. Hearing the shouting of the accused, the complaiant came out from his house and he saw that the accused was scolding and shouting at women.  The complainant requested not to use bad words. Hence he got angry and started abusing the complaiant and made derogatory remarks regarding his caste.

The complaiant took out pipe of iron from his car and attacked complainant, some community people came there and rescued him. Therafter, the victim went to file complaint but one police man Dharmendrasingh Jamadar had taken the side of accused and abused the complaiant. Thereafter, he was admitted to the hospital and then the police registered FIR under section 323, 504, 114 of IPC. And Section 3(1) 10 of SC/ST Act and section 135 of BP Act

Case in Brief:

A. Chinnarasu (14), resident of Ram Nagar, Tarapuram Taluk, Tiruppur district belongs to Dalit Arunthathiyar community. He is studying 10^th std in CSI Higher Secondary School, Tarapuram. On 07/06/2012, as Chinnarasu was sick, he have not attended the class. On 08/06/2012, when Chinnarasu was in the class, class teacher Ms. Vanitha enquired about his absence for the previous day. As Chinnarasu explanation was not satisfactory to her, she scolded him for his absence and slapped him and pulled him by holding his hair. As Chinnarasu cried loudly unable to bear the pain, Vanitha asked him to stop crying. Then got a scale from a students and brutally beaten him all over his body. Chinnarasu who was subject to severe corporal punishment by the teacher, had his fingers severely wounded and blood gushed out of his fingers. He was taken to the hospital and Tarapuram police conducted an enquiry. Later Chinnarasu filed a complaint with the Tarapuram police station, but the police officials were negligent to file an FIR against the erred teacher. No disciplinary action was taken against the teacher.

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 Child shall be subjected to physical punishment or mental harassment. Whoever contravenes the above provisions shall be liable to disciplinary action under the service rules applicable to such person. [Sec. 17 (1)(2) of RTE Act].
3.       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).
4.       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].
5.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
6.       No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

Vanmathi (12) belongs to dalit community, she reside at Ranganadhapuram, Nampiur in Erode district. She was studying 6^th standard in Nampiur secondary school. On 08.06.2012 Vanmathi and other seven dalit students were forced to clean school toilet by instruct of Subban school head master. This news was published by news paper. If investigated this practice was egesting so many year in this school.  If parents asked this issue, head master justifies this practice was good to students and also chief Educational officer sridevi also justifies this practice. 

Case in Brief:

Ural village is in Ulakur Union, Tindivanam Taluk, Villupuram district. Ural is home to 47 dalit families and 750 vanniyar families. Every year Ponniyamman Temple festival is celebrated in this village for 9 long days. During the first day, Nataraj belongs to dalit community usually  initiate the function by tying the bracelet on the deity. For the year 2012, on 04/06/2012, Nataraj was suppose to tie the bracelet. But as he fell ill, the vanniyars namely Kaliyappan, Rajasekar, Paramasivam, and Murugan, asked Nataraj’s son to tie the bracelet. But Nataraj’s son as he was a bachelor, he refused to do so. On 05/06/2012, infuriated vanniyars denied the dalits to play drums during the festival. On 06/06/2012 around 12.30 am Kaliyappan, Rajasekar, Paramasivam and Murugan, destroyed the VCK Party name board and the VCK party flag. On noticing this Murugan affiliated to VCK Party, raised objection to this. But Kaliyappan verbally abused him and threatened to kill. Later around 02.30 am Dalits and members of VCK filed a complaint with the Rosanai Police Station. On 06/06/2012 12.30pm Vanniyars of the Ural village convened a meeting and announced a social boycott on the dalits. Hence Dalits were denied jobs in the agricultural fields of caste hindus, Cabel connection were disconnected, Dalits were denied jobs under the NREGA scheme, denied stationaries and edible items from the shops owned by the vanniyars, Dalits herds were not allowed to graze the lands of caste hindus and Dalit women were prohibited to use to the open ground for defecation. Regarding this atrocity police have arrested only one caste hindu named Gandhi and he too was released on the same day.

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, 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].
3.       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).
4.       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].
5.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
6.       No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].