Satnam Singh s/o Jagsir Singh Satnam Singh  aged 19 years, scheduled caste, resident of Village- Shekhan Kalan, tehsil- Baga Purana, District- Moga. His two family member and other four families are working on M/s Shiv Bhatta Company, Village-Kadiyal, Jalalabad to Kot Esse Kha Road, District- Moga. The current contractors of this brick factory is Gagan Kumar, Jagdish Kumar & Gandhi.  Resham Singh (Jamadar) S/o Chand Singh r/o village- Samad Bhai, tehsil & District- Moga, has brought to Satnam Singh & other four families to work on the brick factory.

 Gagan Kumar, Jagdish Kumar & Gandhi gave advance to all the five families and they started to work as brick molders in vernacular called “Pathera” at the brick factory. When Gagan Kumar, Jagdish Kumar & Gandhi gave the advance amount to the workers they took their thumb impressions/signatures on some blank papers. Gagan Kumar, Jagdish Kumar & Gandhi gave them very petty expense as per the number of bricks made by them (workers). If worker makes 1000 bricks then Gagan Kumar, Jagdish Kumar & Gandhi gave them only Rs.200 at 500 bricks after fifteen days and said them that he will add the balance amount in their accounts and give them when they will be given their wages.

Gagan Kumar, Jagdish Kumar & Gandhi gave very petty expense to the workers and with this petty amount , they could not be able to fulfill the needs of family. The workers requested many times to Gagan Kumar, Jagdish Kumar & Gandhi to increase the expenses but they ignored their request. Satnam Singh was sick; the doctor has diagnosed him as anemic. The doctor advised him to take proper treatment and rest, whereas the brick factory work involves strong hard work and one has to work either in very hot temperature or in the winters, in very cold. Binder Kaur (worker) is also suffering from continuous fever. She has tuberculosis or typhoid. Due to nonpayment of wages she could not have consulted a doctor for herself. From the last one week two children of Sheera Singh & his wife were also sick and without any medical treatment. The worker Jasvir Kaur w/o Shaimber were also sick.

On 21/4/012, all the workers requested accountant of the brick factory to pay them their wages so that they could take medical treatment. The accountany informed that abou the order of employer to not to pay any money to workers.

Similar request was made to Gagan Kumar the partner of the brick factory on 25/4/2012 but the same was turned down. Instead of giving any wages, the employer claimed debt and informed them if they want to go from here, they have to pay, the bonded debt.The workers condition was very detritus as they have no food, no medicine and freedom to move from the premises of brick factory. The workers have requested some of their relatives who have given them some food. As they are also poor and are no better then the condition of the workers on the brick factory they will not be able to assist them for a longer period. The life & liberty of the brick factory workers is in great danger. There can be hunger deaths and one can die without medicine. The letter for their release and rehabilitation for the bonded labourers a letter has been sent to DM Moga. The labourers are physically free but no action has been taken against the employer.

Velmurugan belongs to dalit community. He reside at Mettu st, Villiyanallur, Chidamparam taluk in Cuddalore district. He was a one of VCK party member. He displayed VCK banner in pudhuchathiram. Those banners were damaged by social criminal. Since he was given petition to take prober action but police not responding properly. Hence VCK party members protest to arrest the accused. On 15.04.2012 he was arrested by police, he was brutally assaulted custodial violence by pudhuchathiram police. Pudhuchathiram police were filed false FIR against dalits. He given petition against police to file case against those who were involved and custodial tortured but pudhuchathiram police did not filed case. 

Case in Brief:

Periyayeepalayam belongs to Palangkarai panchayat, is in Avinashi Taluk, Tiruppur district. Periyayaeepalayam is home to nearly 80 dalit families and nearly 820 caste hindus Mudaliyar/Boyar/kounder families. Drinking water for this village is supplied from Pachaampalayam village. The drinking water supply is administered by Palangkarai Panchayat. Pachaampalayam village, home to onlyn 250 families are getting water supply once in two days, but Periyayaeepalayam villagers are supplied once in every 20 days. So Periyayaeepalayam filed many petitions regarding this bias and negligence and requested for regular supply of drinking water. When the Periyayaeepalayam villagers asked Panchayat president Senthil Kumar and vice President Nataraj to ensure regular supply of drinking water. But the responsible officials have not addressed the issue. Hence on 11/04/2012, Periyayeepalayam villagers including dalits organized a protest and road blockade. Nataraj and Senthil Kumar infuriated by this assertion, instigated their associates to assault the agitators. Hence Thulasimani, Chandirika and Ravikumar belongs to caste hindu Mudaliyar community were assaulted by the Nataraj’s associates. Rathinam and Saraswathi belongs to dalit community were verbally abused by Nataraj referring derogatory regarding caste. Both were also assaulted by associates of Nataraj. But have not entertained the complaint given by the dalits. Dalits statements were not included in the FIR. A case was registered only on the complaint given by Thulasimani, Chandrika and Ravikumar. Again on 27/04/2012, Periyayeepalayam villagers including the dalits organized a protest demonstration in front of the district collectorate demanding supply of drinking water once in two days.

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.       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).
3.       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).
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.       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.       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).
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].
9.       No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].