Around 250 Dalit families are resident of Thenkolappakkkam Village, Mailam Taluk of Villupuram district. Nearly 150 Caste hindu Vanniyar Community families and 34 Udaiyar families and 50 Muthaliyar families are resident of this Village. On 31/12/2010, dalit youths were engaged in decorative works for the New Year celebration. Around 12.01 a.m. of the new year eve, around 15 Vanniyar youths namely, 1. Suresh, 2. Samraj, 3. Prabakaran, 4. Sivakumar, 5. Veeramani, 6. Raja, 7. Dasarathan, 8. Loganathan, 9. Anandraj, 10. Manikandan, 11. Vinoth Kumar, 12. Vijayarangan. and other 3 members came to the Dalit residence area with bear bottles and weapons, and started destroying the tube lights, serial bulbs, speaker sets, amplifiers,

electric poles, water tank and other materials seen on the way.

Dhanalakshmi (18), who was asleep in her house, was also sexually harassed by the perpetrators.

They pulled her sari and jacket. When his grandfather came to her rescue, the one of the mob kicked at his waist. They claimed that all the Dalit men are impotent and unmanly. When the police arrived around 02.15 a.m. all the perpetrators ran away and disappeared. But caught hold of 5 perpetrators and arrested them. On 01/01/2011, dalit village orchestrated a protest rally against the mob attack infront of the Mailam Police Station.

Again on 03/01/2011, when dalit girl students Thulasi, Dhanalakshmi and other girls were returning from school, they were threatened by the same perpetrators. But they were rescued by Dalit youth Manikandan and Pradap.

The Village Dalpur falls under the Taluka of Prantij of Sabarkantha District. The total population of the village is around 4000.  Among these Patels 200 families, Darbar 150 families, Raval 6 families, Dalit 20 families, Darji 1. Most of the Dalits are have to depend on Patel and Darbar for their livelihood. Dalpur village is 13 Km. away from Prantij. Patels are more powerful and dominent in the village. The village has got primary school up to 7.  Untouchability is being practiced in the village. Dalits are not allowed to take part in Navratri festival.

The complanant of this case is Jayanti Motibhai Rathod. His daughter namely Shitalben is studying in Std. 11. Since there is no higher secondary school in village she had go to the near by village called Sonasan. The accused belongs to that village; he made friendship with the victim and took her in confendence. There after on 31-12-2010 the accused adduced the victim and took her and then he was caught and the complainant gave the information to the police and the police registered FIR under section 363, 366 of IPC and Section 3(1) 11 of SC/ST Act.

Case in Brief:

Savarapu Lavanya (11), SC Madiga by caste, is the daughter of Savarapu Dasu and Prema Kumari of Cheyyeru, Nethajinagar, Katrenikona Mandal, E.G.District.  Savarapu Dasu had four children and Lavanya is the eldest child in the family. Lavanya is studying 6^th class in Gurukula Patasala in Godi, Allavaram Mandal. Lavanya came home for Christmas holidays in the month of December. On 28/12/2010 around 4 pm she went to the ration shop which was in 1^st ward.   On the way to ration shop she has to cross Hussen’s house.

Mirja Sabher Hussen is married and had two children. On the date of incident Hussen has seen Lavanya coming to the ration shop, he called her and said he will give guavas to her from his tree.  But Lavanya did not evince interest for the guavas; he forcibly took her to his house and told to wait until he plucked the guava fruit from the tree.  But, Lavanya started going out without waiting, and then he told her to go to the bed room where he kept some guavas which he plucked in the morning. But Lavanya did not go to the bed room. Hussen forcibly took Lavanya to the bed room and made her to sit on the bed. He pinched Lavanya’s cheeks and spoke vulgar words to her. Lavanya got frightened and shouted and ran away from the house. She informed her mother what had happened. Lavanya’s mother took her to Hussen’s father and told about his son’s misbehavior. But Hussen’s father did not respond properly and in turn abused Lavanya and her mother.  Lavanya’s mother came from Hussen’s house and met the caste elders of the village. Caste elders advised her to lodge a complaint in the police station. But police have not registered the complaint and made her to come to the police station several times. With the intervention of DSS a case has been registered U/s 3(1)(XI) of SC/ST(POA) Act, 354 of IPC in Katrenikona PS on 30/12/2010.

Srinivasa Perumal, belongs to Dalit community, is a resident of Periyakkattupalayam, Panrutti Taluk, Cuddalore District. His house is located close to the dominant caste hindu area.  Kalaimani, panchayat leader land is next to his house, drinking water tank used by the dominant caste people is located near to his house. Hence the dominant caste people developed aversion about his residence in their area. Kalaimani wants to drive him out of this place. Thus Ramakrishnan, brother of Kalaimani and Mayavel were plotting an attack on Srinivasa perumal.

On 28/12/2010, Mayavel and Ramakrishnan, assaulted Srinivasa Perumal and his mother, in public view. Then the village people ostracized Srivasa Perumal’s family from entering the village. Srinivasa Perumal lodged a complaint in the Kamampuliur Police Station. But the police were negligent to take action against the perpetrators. Since Nellikuppam MLA Mr. S. Rajendran was in support of the perpetrators, police were hesitant to take action on the complaint. Srinivasa Perumal’s house is nearly two kilometers away from the dalit area, he is finding difficult to protect the safety and security of his family.  

Dhandapani, Kandiyannan, Arumugam, Rangasamy, Karnan, Pitchaikaran and Paramasivam, are residents of Thalavaipattinam, Tarapuram Taluk, Tiruppur District. They belongs to Dalit community. Under TN Govt Land Ceiling Act, Tarapuram Revenue department acquired 19 acres of land from Rangasamy Kounder, resident of Thalavaipattinam. Since Rangasamy occupied government poromboke land and registered under his name, government acquired those lands and distributed those lands to 7 dalit families at 1.10 acre each. Under the land distribution scheme, Dhandapani, Kandiyannan, Arumugam, Rangasamy, Karnan, Pitchaikaran and Paramasivam were selected as beneficiaries. But Rangasamy filed a appeal with the highcourt against the government move and threatened to kill the dalits if they try to acquire the lands. As the high court upheld the government decision, Rangasamy illegally sold the lands to some other influential persons, jeopardizing the land rights of the above mentioned dalits.

Later the Dalits with the help of pro Dalit political parties and solidarity groups, constructed huts and thatched houses in the government allotted lands. On 19/12/2010, Rangasamy and other caste hindus who bought the lands from Rangasamy, ransacked the dalit houses and destroyed their properties. Dalits were brutally assaulted and were verbally abused by Rangasamy and the caste hindu mob. Police and Revenue department reached the place of incident and brought the situation under control. Later the lands were distributed to the dalit beneficiaries.

Legal Standard Breached:

1.       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). 
2.       Whoever wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred; 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)(iv) of PoA Act].
3.       Whoever wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water; 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)(v) of PoA Act].
4.       Whoever cheats and thereby dishonestly induces the person deceived to deliver
   any property to any person, or to make, alter or destroy the whole or any part of a
   valuable security, or anything which is signed or sealed, and which is capable of
   being converted into a valuable security, 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. 420 of IPC].
5.       Whoever forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence, 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)(xv) of PoA  Act].
6.       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).
7.       Whoever denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent 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; - - 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)(xiv) SC/ST PoA Act).
8.       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].
9.       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].
10.   Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].