Village Bhojawas comes under Tehsil Marwad Junction in Pali Dist., there situated a Baba Ram Dev Temple, which the Dalits (Meghwals) of 8 neighbouring villages namely Bopari, Bhojawas, Saran, Nimali, Siriyari, Sinchana, Thakurwas & Wadi built during late seventies and there after the Dalit community has been taking care of the temple and offering puja. The Dalits of 8 neighbouring villages also constructed a Mandap (Chowara) in front of the temple 15 years back with their own expenses. In Dec, 2010, since the main gate of the temple was wrecked down, the Dalits replaced it with a new iron gate with their own expenses. They also wrote the name of the community “Meghwal” on it.

This did not appeal nice to the Samanti community, belong to Dominant Caste of the village. hence some of the influential people namely Ganga Singh (45) s/o Amar Singh, Laxman Singh ((45) s/o Nathu Singh, Prem Singh (40) s/o Harna Singh, Sajjan Singh (40) s/o Bhur Singh, Pal Singh (45) s/o Laxman Singh & others, belonging to Samanti community convened a panchayat level meeting and objected to Dalits for writing their community name on the Temple gate.  The panchayat decided that Dalits should apologize before the panchayat for the act and wipe out their community name from the gate. On hearing the panchayat decision, all Dalit youth from 8 neighbouring villages protested against the decision of the panchayat. As a result, the Samant community barred Dalits from offering puja in the Temple. Later the Samant community imposed social boycott on the Dalits of 8 villages.

On 6 March, 2011, morning, when Manaram (27) s/o Mishrilal belonging to Dalit community went to offer puja in Baba Ram Dev Temple, the above mentioned persons from Samant community abused Manaram in caste name, attacked and obstructed him to offer puja in the Temple. Manaram lodge complaint in Siriyari police station on the same day and a case no. 49/11, u/s 341,323,143 IPC & 3(1)(x) of  SC/ST (PoA) Act. was registered against the accused persons, however the police has neither arrested accused nor taken action again them till dat.

Diseased Shakunti Devi (50) w/o Mushafir Manji is the resident of Manoharur Murail village, P.O. Kishunpur under Turki police station in Muzaffarpur Dist. belongs to Mushahar (SC) community.

On the fateful day of 23/02/2011, Shakunti Devi along with her son Yogendra Manji and grandsons Manoj and Vinod Manji went to rearing pigs in the town. After sometimes, Yogendra Manji went towards town chauk for some work leaving the three there for taking care of pigs. Meantime Shibu Rai (22) s/o Tapeswar Rai of town met Manoj and Vinod Manji and started teasing them for rearing pigs which led to hot argument. Shibu Rai beat up the two kids mercilessly. The kids went to their grandmother and informed the matter.

Thus Shakunti Devi went to Shibu Rai to ask the reason for beating her grandsons. Shibu Rai being enraged beat up Shakunti Devi too and stubbed her to death.  Later he loaded the dead body on a rickshaw took it towards a river to through in order to destroy the evidences. The kids, on seeing this went home and reported the matter to their family members and villages. The family members and villagers rushed to the spot and seized the dead body but Shibu Rai run from the place. The villagers chased him but could not capture.

The villagers called the police to the spot. The police went to the place of incident and sent the dead body to Muzaffarpur Hospital for post-mortem. Though the police registered a criminal case against the perpetrator, however SC/ST (PoA) Act was not invoked in FIR. The perpetrator is still on run. The victim’s family has not received any compensation from the administration yet.

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.       Voluntarily causing hurt to and assault or another person is an offence Sec.323 of IPC 342,355. 34 of IPC
3.       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) SC/ST (PoA) Act].
4.       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) SC/ST (PoA) Act].
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].
6.       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].
7.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].

Deceased Rina Kumari (14) d/o Dukhi Boudh is resident of Kochak Bazar, ward no. 06, under Kochak police station in Rohtas Dist., belongs to Nato (SC) community.

On 22/02/2011, in the evening at about 8.00 pm, while the victim’s parents were out for begging, Rina Kumari along with her younger brother Jeetendra and sister Sarita was at home. The accused persons namely Bonti (20), Firoz Rain (22) s/o Sayid Rain belonging to OBC barged into the house and threatened the siblings to kill if they scream out. They kidnapped Rina, raped her one after the other and inhumanly killed her with a knife and ran away. Sarita and Jeendendra went out in search of Rina in the same evening but could not trace her out. In the morning they located the dead body nearby in a wheat field of the village. 

On 23/02/11 a murder case was registered in Kochak police station against the rapist as No. 21/11, u/s 302, 201, 34 IPC, however the provisions of SC/ST PoA Act was not attracted in FIR. The accused persons are not arrested till now. The victim’s family has not received any compensation from the administration.

Legal Standard Breached:

1.       Rape is a criminal offence [sec. 376 IPC r/w. sec. 3(2)(v) SC/ST (PoA) Act].
2.       Procuration of minor girl- Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years any act with intent or knowing that it is likely that she will be forced to illicit intercourse with a person [sec. 366A IPC].
3.       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.
4.       Assault or use of criminal force on a woman with intent to outrage her modesty [sec. 354 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) of the SC/ST (PoA) Act].
7.       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].
8.       No person shall be deprived of his/her life or personal liberty except according to procedure established by law (Art. 21 IC-FR and Art. 6 ICCPR).
9.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
10.   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.