Hari Choudhry (48) s/o Shakhi Choudhry is the resident of Walabigha village, P.O. Dona under Hasua police station in Nawada Dist. belongs to Mushahar (SC) community.

On 25/05/2011, at about 3 p.m. Vinod Yadav & Shiya Yadave s/o Mahavir Yadav, Dharmendra Yadav s/o Rajkumar Yadav, Munna Yadav s/o Rameswar Yadav went to victim’s house to drink Tadi (juice collected from plants/tree). The victim asked them money for Tadi and also the previous due Rs. 200/-. The accused persons got irritated, abused and threatened to kill him if he dared to ask money further.

On the same day, the assailants namely Vinod Yadav & Shiya Yadave s/o Mahavir Yadav, Dharmendra Yadav s/o Rajkumar Yadav, Munna Yadav s/o Rameswar Yadav, belonging to OBC community, went to the terrace of victim while they were asleep at about 10.00 pm. The assailants tried to molest and rape Phul Kumari Devi (45) w/o Hari Choudhry. Meantime her husband got up on hearing the noise. When the couple objected to the criminal act, the assailants caught hold of Hari Choudhry and threw him down from terrace; as a result he was seriously injured.  Now the he is under treatment in P.M.C.H, Patna

A case was registered in Hasua police station on 25/05/2011 against the assailants as No. 103/11, u/s 341,323,326,307,448,379,505 IPC & 3(1)(x) of  SC/ST (PoA) Act., the police have not arrested any of the accused. The perpetrators give threat to the victims to withdraw the case or else they would kill them. 

Legal Standard Breached:

1.       Being in a position to dominate the will of a woman belonging to a SC/ST with intent to dishonor or outrage her modesty [sec. 3(1)(xi) SC/ST (PoA) Act].
2.       Assault or use of criminal force on a woman with intent to outrage her modesty [sec. 354 IPC].
3.       Voluntarily causing hurt to and assault or another person is an offence Sec.323 of IPC 342,355, 326, 327, 34 of IPC
4.       Voluntary grievous hurt with dangerous weapons is an offence under sec. 326 IPC, and any person who commits any offence under the Indian Penal Code 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) of SC/ST (PoA) Act].
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 [sec. 3(1)(x) of SC/ST (PoA) Act].
6.       Whoever, being a public servant but not being a member of a Scheduled Caste or Scheduled Tribe, willful neglects his/her duties required to be performed by him/her under the Act, is guilty of an offence [sec. 4 SC/ST (PoA) Act].
7.       Uttering any word or making any gesture intended to insult the modesty of a woman [sec. 509 IPC].
8.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
9.       General recommendation 19 of CEDAW relates to gender-based violence and recommends amongst other things that states should take all legal and other measures that are necessary to provide effective protection of women against gender-based violence including effective legal measures (including penal sanctions), preventive measures (including public information and education programs) and protective measures. 

Case in Brief:

Rangasamy (42), resident of Minnalkaattupalayam, Nambiyur Union, Gopichettipalayam Taluk, Erode District, belongs to Dalit Arunthathiyar community.  He is a cow meat seller. In 2009 he received Rs. 25000 credit from the Sangili Nayakkar. Rangasamy defaulted in his payment of the interest. Hence on 01/05/2011, Sangili nayakkar trespassed in to Rangasamy’s house and abducted the cow of Rangasamy. But Pattaan elder brother of Rangasamy conversed with Sangili and brought the cow back. On 05/05/2011, while Rajamani w/o Rangasamy, is in the house, Sangili Nayakkar enquired the whereabouts of Rangasamy. When Rajamani replied that as soon as her husband returns home, that she will ask him to contact regarding this. But Sangili Nayakkar, verbally abused her referring derogatory regarding caste name and threatened to kill her and her husband for the nonpayment of the credit. Hence Rajamani and Rangasamy with the due support of the Dalit solidarity group filed a complaint with the Nambiyur police station. The police men failed to register the complaint. Later caste hindus who were in support of Sangili Nayakkar, persuaded Rangasamy to withdraw the complaint, saying that they don’t need to pay any more debt amount to Sangili. Rangasamy considering his business concern, withdrew the complaint.

Legal Standard Breached:

1.       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).
2.       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).
3.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
4.       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).
5.       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].