Case in Brief:

S. Chidambaram (30), resident of Chinnaputtur, Sulur Taluk, Coimbatore District, belongs to Dalit Arunthathiyar community. He is working under Kanduvatti Businessmen namely Sivaraj, Senthil and Subramani, belongs to dominant caste hindu Kounder community of the Chinnaputtur village. His job is to collect the debts from the debtors of these Kanduvatti businessmen. He allegedly embezzled Rs. 1 lakh and  shown that as unpaid debt. On knowing this embezzlement, the three businessmen, frequently harassed him to repay the money. On 08/01/2012, all the three took Chidambaram to a isolated drainage and brutally assaulted him and tortured him to repay the money. Chidambaram unable to bear the torture, told that he left the money with one Kalaivaani w/o Sundaram. Chidambaram promised them that he will repay the debt. But the perpetrators tortured him further and took Kalaivaani jewelries and en-cashed those gold jewelries for the debt.

Fearing undue consequences, Chidambaram and his father  Suppan hesitated to file a complaint. On 12/04/2012, Chidambaram succumbed to the brutal torture and died at his house. Suppan have not filed a complaint and buried his body. Within a week Kalaivaani also died for unknown reason. Later with the support of one Ravi, belongs to Kounder community, Suppan filed a petition with the District Magistrate to investigate the reasons for the death of Chidambaram. Hence District Magistrate ordered for a post mortem and proper investigation leading to the death of Chidambaram. But the post mortem was not done as per the schedule. Later the father of the victim Mr. Suppan compromised with the perpetrators due to criminal Intimation.  

Legal Standard Breached:

1.       Murder is an offence punishable under section 302 IPC, and any person who commits any offence under the section 302 IPC punishable by imprisonment for a term of 10 years or more against a member of a Scheduled Caste, shall be punishable with imprisonment for life and with fine (sec. 3(2)(v) SC/ ST (PoA) Act).
2.       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).
3.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC
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.       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).
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 - (a)  access  to  shops,  public  restaurants,  hotels  and  places  of  public entertainment. (15 (2)(a,b) of IC-FR).
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].

Tarsem Singh S/o Moti Singh, Village- Abluwala, tehsil & District- Patiala. He belongs to Ramdasia Sikh caste which has been declared as a Scheduled Caste by the State government of Punjab.

Since May 2012 he was employed by Rajinder Pal Attari of Village- Inderpura, tehsil and District- Patiala who belongs to Jatt Sikh Community. When he joined the employer he was given Rs. 60000/- as an advance. With the advance amount Rs. 38000/- he used to repay his previous employer Bharpoor Singh who extract work from him continuously for one year and after that he imposed a debt of Rs. 38,000/- on him. To repay the bonded debt of his previous employer he was helpless to join the work of Rajinder Pal. Rajinder Pal fixed his annual wages Rs. 50,000/- Rajinder Pal was not allowing him to go to his house. He was living in the cattle house of the employer. During the six months of his work period the employer never pay any of his wages instead of advance amount whenever he demands his wages from the employer, the employer said “Don’t ask for the money, I want only work” in this way the employer never gave any wages to him. Tarsem Singh’s wife was working outside as a domestic worker and she was managing the household expenses. The employer took his thumb impressions on many types of blank papers about which he was not aware as he is a illiterate man. The employer was not giving him proper food, the food which he was providing him that was not so good that why during the working period there was a pain in the abdomen of Tarsem Singh and he was crying with the pain, the employer bring him to a private doctor and the doctor gave him some tablets and he bring him back  and ordered him to start. As Tarsem Singh was ill he was not able to work and he come back to his house. When he refused to work for the employer the imposed a bonded debt of Rs.80,000 on him, now the employer is harassing him that if he will not pay the bonded debt or will not continue his work they will hand him over to police and will extract the debt amount. The employer is harassing the bonded labourer that if he will not pay him the bonded debt then he will dispossess him and his family members from their residential house and will took the possession of their residential house. Tarsem Singh approached to VSJ and the complaint for his release and rehabilitation was sent to 18-12-012.Which is under consideration.

Puvarasan, resident of Endiyur, belongs to Dalit Paraiyar Community, is pursuing 12^th std Mathematics in Endiyur Government Higher Secondary School. Sivaranjini belongs to caste hindu Kounder community, is resident of Kattalai, is also pursuing 12^th std in the same school. Puvarasan and Sivaranjini are in love. During the 12^th public exam, Sivaranjani parents came to know about their love affair. On knowing that Sivanjani met with an accident, Puvarasan went to the Sekar Hospital to see her. Sivaranjani’s Uncle noticed him at the hospital. Being intolerant to the love affair of a dalit with their community girl, Venkatachalapathy, Thiruganasambantham belongs to Rosanai Police Station, Devanathan belongs to Brajmadesam Police station and Finance Baskar brutally assaulted him. On noticing the tattoo of the Sivaranjini’s name in Puvarsan’s Chest, they verbally abused him saying do a Dalit boy need a Upper caste to love? and referred derogatory regarding caste. They scratched away the name with the blade causing grievous pain and injury.

Sona Singh @ Sohana S/o Harchand Singh, Age-46 years, R/o Village-Kakar, Sub-division- Bhawanigarh District- Sangrur.  He belongs to Majhabi Sikh Caste which has been declared Scheduled Caste by the Punjab Government. Sona Singh @ Sohana Singh was working for Jeet Singh S/o Bachan Dass belongs to Jat Sikh community & residence of Village-Kakar, Sub-division- Bhawanigarh  District- Sangrur  as agriculture labourer called “Siri” from last 20 years back(since 1992). Sona Singh @ Sohana was engaged in work by advancing bonded debt Rs.10, 000 (Ten thousand rupees) by Jeet Singh.  Sona Singh @ Sohana used that advance for his marriage.  The employer fixed his salary in first year Rs.15000 but the employer never paid his earns wages.  Sona Singh @ Sohana was servant on call & back. The employer was providing him food. He made to work continuously for long hours. When employer gave him debt advance, he took Sona Singh’s signature which was not known by Sona. Since Sona singh is illegareal so he was not aware about the papers in which he signed. Jeet Singh did not allow him to go home. Sona Singh @Sohana Wife also left him because he never came home. The employer & his son Sukhi were also abused and beaten him. Sona Singh @ Sohana ran away from the Punjab. He lived in UttarPardesh for 10 years. When he came back his house, the employer and his son demands the bonded debt amount Rs.10,000/- .On 18/3/2012 the bonded labour came back from Uttar pardesh. The employer filed a false complaint against the bonded labour. The Police of Police station Bhawnigarh arrest him and demanding the bonded debt from the bonded labourer. DDVA filed a complaint to District Magistrate Sangrur on 29/03/2012 to release and rehabilitate the bonded labour. Sona Singh@ Sohana now is living in his own village. He is free from bonded debt but nothing any appropriate action against the culprit to take bonded labour and dispossess Sona Singh from his village for a long time.