Case in Brief:

Cholai, resident of Arunthathiyar Street, Neikuppam, Velaanthal, Thiruvannamalai district, belongs to Dalit Arunthathiyar community. He is a daily wage labour. His wife name is Lurdhu Mary and he has two sons. On 19/01/2012, 9pm while Cholai was sitting in the varanda infront of his house, Patchaiappan, Thirunavukkarasu, Ponnusamy, Ramu, Thimmali and Shenmugam, who came along the way, on seeing Cholai sitting on the varanda, shouted at him saying, “you sakkili dog how dare you remain sitting while we walking on the street. They the mob brutally assaulted him for not giving respect while they are walking through the street. On hearing the cry of her husband, Lurdhu Mary came out of the house and questioned them for the assault. The infuriated mob, who could not tolerate the assertion of Dalit verbally abused her. Patchaippan asked his associates to rape her saying, “rape the sakkili dog, and teach them a lesson, then only they know about our superiority”. Four of the perpetrators get inside the house and pushed her to the ground. As two of them hold her legs and hands, then the other one removed her clothes and raped her. Mary cried for help. Then the perpetrators broke opened the bureau and stolen Rs. 10000 and also the mob took away the Color Television Box. Hence Mary and Cholai, went to the Vettavalam Police Station and reported the atrocity commissioned on them by the caste hindu perpetrators. But the police officials who were negligent and biased in favour of the perpetrators asked them to come tomorrow without considering the gravity of the offence. Later a FIR was filed against the perpetrators.

Legal Standard Breached:

1.       Whoever commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine. [Sec. 376 of IPC].
2.       Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. [Sec. 148 of IPC].
3.       Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. [Sec. 341 of IPC].
4.       Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (Sec. 354 of IPC).
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.       Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine or which may extend to one thousand rupees, or with both. [Sec.448 of IPC].      
7.       Whoever  commits  theft  in  any  building,  tent  or  vessel,  which  building,  tent  or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. [Sec. 380 of IPC].
8.       Whoever assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonor or outrage her modesty - - 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)(xi) SC/ST PoA Act).
9.       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).
10.   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].
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].