Kailash Chandra Verwa s/o Sriram is the resident of Bhandari village, under Secundera police station in Dausa Dist. He works as Addl. Engineer in Public Health Engineering Dept., Rajgarh in Alwar Dist. belongs to Scheduled Caste (Chamar) community.

On 30 March, 2011, while Kailash Chandra & Sitaram Verma, a Junior Engineer were working in the office, around 9.30 a.m. Kailash Chandra received a call from one of the residents of Rajgarh, Ward no. 2, that Basti hand-pump has gone out of order and people face difficulties for  water. Kailash Chandra sent a team immediately to repair the pump. Meantime, Pramod Sharma, Head of the Ward no. 2, threatened Kailash Chandra to block the road if the pump of their ward is not repaired immediately. After a while, again Kailash Chandra received a call that the residents of Ward no. 2 have blocked road, opposite to panchayat samiti office.

As he received the news, Kailash Chandra along with other two of his office staff namely Sitaram Verma, Junior Engineer & Ramotar Sharma, office clerk, rushed to the spot at once, where he found hundreds of men & women have gathered in front of the panchayat samiti office, burning tyre on the middle of the road and agitating with a slogan “A.E.N, J.E.N and Ex. E.N hai hai”. Kailash Chandra with a peaceful manners, tried his best to make the crowed understand, but the agitators did not listen to him instead manhandled him. The agitators namely Pramod Sharma, Sekhar Tomouli, Suresh Jagga, Shivshankar Alouria, Phul Singh Parewa & others abused Kailash Chandra in caste name and said that let us beat J.E.N & A.E.N, the Chamars and black paint their faces, with that abruptly, a woman from the crowd threw a bottle of burnt engine oil on Kailash Chandra. His face and entire body was back painted with the oil. Police was present during the time of occurrence, but did not take any action against the assailants. Kailash Chandra somehow managed to escape from the place.

When the victim went to lodge complaint in the Rajgarh police station, the Ex. E.N refused him to lodge complaint by saying that the crowd has not threw engine oil bottle on you intentionally but it happen by mistake, don’t be worried about. However, after two days of the incident on 1 Oct, 2011, Kailas’s complaint was lodged with the direction of District Collector. 

When the accused came to know that a case has been registered against them, one day a person named Sanu Sarhar from Ward no. 2, threatened the victim to withdraw the case or else they would parade Kailash after black painting his face. The police has not taken any action till date. None of the accused persons has been arrested in this case. 

Hema Kumari(16) d/o-Late Ganesh Ram, is the resident of Ariya village in Hajaribagh district of Jharkhand. She was in a love relationship with Jitendra Soni since last one year. Jitendra promised her to marry and was having physical relationship with Hema. When Hema pressurized him for marriage, he married her in Ichhak temple by putting sindoor on her forehead. Then he took her to Ranchi, kept her there for 10days and had sex with her during the stays. After few days he left her on the way to Hajaribagh and ran away. When she went to her in laws house they did not allow her to enter the house and asked her to resolve it in the panchayat level meeting. In the panchayat also they asked her to forget that boy. But with the help of a NGO she could filed FIR and the accused got arrested.

Legal Standard Breached:

1.       Rape is a criminal offence [sec. 376 IPC r/w. sec. 3(2)(v) SC/ST (PoA) Act].
2.       Punishment for voluntarily causing hurt- Whoever, except in the case provided for by voluntarily causes hurt, 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. 323, 334 IPC].
3.       Assault or use of criminal force on a woman with intent to outrage her modesty [sec. 354 IPC].
4.       Uttering any word or making any gesture intended to insult the modesty of a woman [sec. 509 IPC].
5.       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].
6.       Being in a position to dominate the will of a woman belonging to a SC/ST and uses his position to exploit her sexually to which she would not have otherwise agreed [sec. 3(1)(xii) SC/ST (PoA) Act].
7.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
8.   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. 

3.      Voluntary Causing grievous hurt – whoever, voluntarily causes hurt, if the hurt which he intends to cause grievous hurt [sec. 325 IPC].

4.      Rape- A man is said to commit ‘rape’ that, except in the case hereinafter excepted, has sexual intercourse with a woman without her will or without her consent [sec.375 IPC].

Renganathan (35), S/o Natchimuthu, belongs to dalit Arunthathiyar community, is a resident of Pottaiampalayam village, Madathukulam Taluk, Tiruppur district. He is a member of DMK Party. Mr. Jeyapal, belongs to Nayakkar community, is also a member of DMK party.  The accused perpetrators namely, Thamburaj, Chandrasekar, Mohanraj and Duraisamy are a rival faction being in the same DMK Party. Both the factions have a dispute over the party office located in their village. On 24/.3/2011, around 2pm Ranganathan, standing in a bus stand shouted saying that, whosoever beat Jeyapal, have to face consequences. Over hearing this, Kalarani W/o Thamburaj, assuming that Ranganathan is scolding her husband, referred derogatory regarding caste against Ranganathan. Kalarani told that she will inform this to her husband and her husband will beat him to death.

On the same day, around 6.30 pm while Ranganathan and Jeyapal were in the party office, a gang of people under Thamburaj, Chandrasekar, Mobanraj and Duraisamy came there with deadly weapons and brutally assaulted Ranganathan and Jeyapal. Ranganathan was severely wounded by this attack and he lost his two teethes. Jeypals was also wounded in this attack and sustained a bone fracture by this attack. Ranganathan escaping this assault took refuge in his neighborhood. On receiving the information from the public, police arrived and arrested the wounded Ranganathan on the complaint given by the Thamburaj and Kalarani. Jeyapal got admitted in the Hospital. On the receipt of the complaint from the affected victims, police filed a case against the perpetrators and arrested Chandrasekar, Mohanraj, Thamburaj alais Duraisamy.

The relevant sections of PoA act were not invoked in this case. The compensation were not provided regarding this attack. Mrs. Kalarani, was not implicated in this case.