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NAGAMANI - ATTACK AND CASTE ABUSE

  • Posted by: NDMJ - DELHI
  • Date of incident: 16-02-2011
  • Create date: 16-10-2014
  • State:: Andhra Pradesh
  • District:: GUNTUR RURAL
  • Police station:: Machavaram
  • Summary::

    Mr. Karatapu Nageswara Rao & Nagamani,  SC Madiga by caste, residents of Regulagadda village, Machavaram Mandal in Guntur District, are wife and husband who eke out living as agricultural laborers. Nageswara Rao has 1.5 acres of land in which he is cultivating red grams crop.  In the same village, one Mr. Jakkula Narasaiah and his family, of Yadava caste, rare sheep as it is the traditional profession of their caste. Twenty days ago prior to the incident, Jakkula Narasayya cut a few plants of the red gram crop in the field of Nageswara Rao. When Nageswara Rao questioned him on this, he replied that, it was just to eat a few red grams. From that time onwards Nageswara Rao observed that, some unknown persons were cutting the red grams and also feeding the sheep in his field. On 16/2/2011 around 11 a.m. Nageswara Rao with his wife went to the field to reap the red gram crop. By the time they reached the field they noticed, Kanakaiah’s sons were feeding the sheep in the field.  Nageswara Rao questioned Kanakaiah’s sons for their blatant act of feeding the sheep and there ensued a fight in which, Kanakaiah’s sons bet both Nageswara Rao and Nagamani.  Nageswara Rao caught hold of a sheep and told about the incident to the caste elders.  Having noticed the injuries, the elders advised to complain to the police.  While Nageswara Rao along with his brothers namely, Koteswararao, and his wife Chilakamma, Lazar and his wife Bagyamma were in the bus stand on the way to police station, Jakkula China Konda, Kanakaiah, Bullamai, Ramana, Gosani Pichayya came with sticks and iron rods and attacked them by abusing in the name of caste.  They chased Nageswara Rao and his brothers shouting, “How dare you register a case on us? Who will come to save you if we kill you now?”  They again attacked in public. When Banavthu Saidulu (lambada) Kancharagutla Narayana (Mangali), Nageswara Rao, Asan Ahmad, Patan Hussen came to the rescue, they escaped.  In the attack, Nageswara Rao had head injury and his brother got his hand injured.  At last Nageswara Rao and others reached Machavaram PS and lodged a complaint. The police sent them for treatment to government hospital at Gurajala, but failed to register a case against Kanakaiah and others.  DSS intervened and ensured the registration of the case on 18/2/2011 in Machavaram PS.

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A Dalit Beaten to Death for Objecting to Untouchability Practice

  • Posted by: NDMJ - DELHI
  • Date of incident: 11-02-2011
  • Create date: 12-09-2014
  • State:: Bihar
  • District:: SIWAN
  • Police station:: Bhagwan Pur
  • Summary::

    Deceased Harendra Gouda is resident of Vilashpur village under Bhagwanpur police station in Siwan Dist. belongs to Scheduled Tribe community. 

     

    On 11/02/2011, some students from Scheduled caste community, while going in a procession to immerse lord Ganesh, some dominant caste youth obstructed them on the way at Bhikhanpur an adjacent village and did not allow them to proceed a head, because of untochability practice. Hence the students informed the matter to Harendra Gouda over phone, who went instantly to the place and tried to solve the matter. However the irate youth from dominant caste beat him to death.

     

    A criminal case was registered in Bhagwanpur police station on 11/02/2011 against the murderers as  No. 17/11, u/s 147/ 148, 149, 341, 323, 302 IPC & 3(1) (x) of SC/ST (PoA) Act.,  however proper sections of SC/ST (PoA) Act., was not invilked in FIR. The perpetrators are on run now. None of the perpetrator is arrested in this case. The victim has not received any compensation from the administration. Charge sheet is not filed.

     

    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.       Unotuchability has been abolished and its practice in any form is forbidden [Art. 17 IC].
    3.       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 (b) the use of… places of public resort maintain wholly or partly out of State funds or dedicated to the use of general public [Art. 15(2)(b) IC].
    4.       Whoever on the ground of untouchability” prevents any person from entering any place of public worship which is open to other persons professing the same religion or any section thereof as such person, commits an offence [sec. 3 (a) PCRA].
    5.       Any non-SC or ST person who denies or obstructs a member of a Scheduled Caste so as to prevent her/him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to, commits an offence [sec. 3(1)(xiv) SC/ST (PoA) Act].
    6.       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].
    7.       Voluntarily causing hurt and assault of member of a person is an offence [sec. 323 & 352 IPC].
    8.       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].
    9.       Everyone has the right to life, liberty and security of person [Art.3 UDHR, Arts. 21 Indian Constitution and Art. 5(b) CERD].
    10.   Freedom of thought, conscience & religion, being the right to profess, practice & propagate religion [Art. 18 ICCPR, Art. 6 (a) Declaration of the General Assembly and Art. 5(d)(vii) CERD].
    11.   The Commission on Human Rights urges States \"To ensure, in particular, the right of all persons to worship or assemble in connection with a religion or belief [Art. 4 (d)].  

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Murder of a Dalit, Rasulpura

  • Posted by: Centre for Dalit Rights
  • Date of incident: 11-02-2011
  • Create date: 29-11-2013
  • State:: Rajasthan
  • District:: AJMER
  • Police station:: Albargate
  • Chargesheet:: not filed
  • Summary:: Khikram () s/o Rupalal is a dalit from the village Jaijpura, Dist. Chapa Jahangir, in Chhatisgarh state. Since last 15 years he left chhatisgarh with his family and was working in Brik factory in Jammu. But before last four year he met Jaisingh, a contractor, who is also from Chhatisgarh. Khikram came with his family to Ajmer, village Gubbadi to work in Jaisingh’s Vaishnodevi Brik making factory. In Gubbadi, Khikram was friend with Fateh Singh s/o Pannah Rawat, an Alcohol seller. On 10.02.2010, around 7pm, Fateh Singh and Khikram had a fight over Rs.200 and a mobile sim card, Fateh Singh had threatened Khikram. On 11.02.2010 in the evening, Khikram went out of his house saying that he is going to get eggs and will meet Fateh Singh for some work. When he did not come home at night, his wife asked Fateh Singh about Khikra but he said he did not meet him. Then she informed the contractor Jai Singh about his missing, Jai Singh also asked Fateh Singh about Khikram but he did not say anything. On 28.02.2010, people saw that one dog is dragging human head near the brik factory. Then they informed and the factory owner Jai Singh about it and he went near and found out the body, he then called police. In the presence of police, Khikram’s father and Jaising identified the body as Khikram’s body. Police took the statement of Khikram’ family and arrested Fateh Singh and Fateh Singh has admitted that he has committed the murder.

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Murder of a Dalit Gingee

  • Posted by: Social Awareness Society for Youths-SASY
  • Date of incident: 10-02-2011
  • Create date: 19-03-2014
  • State:: Tamil Nadu
  • District:: VILLUPURAM
  • Police station:: Gingee
  • Chargesheet:: 12.02.2011, Cr. No. 641/2011 U/s 365, 302 IPC & 3(2)(v) of SC/ST (PoA) /Act., No Chargesheet
  • Summary::

    Ganapathi (55) S/o Thoanthi, belongs to Dalit Community was residing at Maniampattu Village, Mailam Panchayat, Gingee Taluk, Villupuram District. Shankaraparani River is flowing close to his village. Rajabathar, village panchayat president, Selvam (40), Jeyaprakash (27), Velu (27) and Kamala kannan belongs to caste hindu community were indulging in sand stealing in the R. Shankaraparani. Ganapanathi was critical about this practice and was blaming the above mentioned people for the sand theft. Hence the above mentioned caste hindu people developed apprehension towards Ganapathi. In this scenario, on 10/12/2011 they kidnapped him and murdered him by assaulting him brutally with iron rods and wooden sticks. Then they took him  in motor bike and threw the murdered Ganapathi in a well, which was noticed by one Muniammal.

     

    After searching for two days, Ganapathi’s son Mr. Venkatesh, lodged  a complaint to the Police regarding his father’s absence. A kidnap case was filed in the Gingee Police station u/s 365, 302 of IPC. On 14/02/2011, after due investigation the murder episode came to light that the Selvam has murdered and thrown Ganapathi in to the well. Police reached the place of occurrence and sent the body for post mortem. 

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Rape on a Dalit Girl Anand

  • Posted by: Navsarjan Trust
  • Date of incident: 09-02-2011
  • Create date: 10-03-2014
  • State:: Gujarat
  • District:: ANAND
  • Police station:: Anand Rural Police Station
  • Chargesheet:: I.Cr.Reg.No. 80/11 dated 10/04/11 under section 366, 376, of IPC and section 3(1) (10) and 3(2) (5) of SC/ST Act
  • Summary::

    The village Vaghashi falls in Anand district and 15 K.M. away from the district place. The village is developed. There are families of different communities like Patel, Thakor, Vaghri, Raval, Christian, Rohit, Harijan etc. The village has got water works, primary school, high school, bank, primary health centre. In general the village seems to be peaceful. The total population of the village is around seven thousand. Around, 200 houses of patels and 500 houses of Thakor community in the village. Other communities are less in numbers. Thakor and Patels are dominant class in the village.

     

    Nehaben alias Nayanaben D/O. Muljibhai Ranchhodbhai Parmar, a resident of village Vaghasi, Ta- Anand, District Anand belongs to scheduled caste. Victim of the incident was working in a factory at Gopalpura, where the accused also was a worker. The accused Sanjaybhai Chauhan  told her that he is in love with her. Thereafter, the accused gave a false promise to the victim that he would marry her. After taking her into confidence, that he would marry her, the accused took her away and rape her time and again against her will at different places like Vadodara, Culcutta and other places. After some days she was left by accused.  The accused told her that his family members are not ready and willing to accept her as wife because she is from dalit community. Finally the victim filed FIR against the accused and police registered the offence under section 366, 376 of the IPC and section 3(1) (xii) and 3(2) (v) of the SCST Prevention of Atrocities Act.

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