Pappu (22) s/o Daryav Singh, lives in Kaswa Sewar village, under Sewar police station in Bharatpur Dist. belong to Scheduled Caste (Jatav) community. He is a daily wage labourer. On the incident day, 24 Jan, 2011, at about 10.00 a.m. Chhattar Singh s/o Chhitar Singh, the former sarpanch of Kaswe G.P, called Pappu to his residence and asked to pay the outstanding amount against liquor consumption, but Pappu in return, requested Rambabu to pay his wage, then he could be able to pay the amount he was owing to. 

Thus, a quarrel was picked up between them. Chhattar Singh being annoyed abused Pappu with caste name and slapped him and then Chhattar Singh along with his supporters namely Sup Singh s/o Ranveer Singh, Chhotu s/o Rambabu, Sanjay s/o Rajendra, Talki and Pappu s/o Ramsurat, attacked Pappu, black painted his face and paraded him in Kaswe Sewar village with a chappal garland on his neck.

The accused persons are so influential that none of the villager dared to rescue Pappu from their hand. Fortunately, one of the villagers informed to Sewar police over phone regarding the matter. The police reached the spot and rescued Pappu and took him to police station to prevent further assault.

A case was registered against the assailants on the same day, case no.  38/11, u/s 143,323,341, IPC & 3(1)(iii) of SC/ST (PoA) Act. When the assailants came to know that a case has been registered against them, on 25 Jan, 2011, at about 7.00 p.m. they went to victim’s house and threatened to kill them if they would not agree to compromise the case. None of the accused persons has been arrested in this regard and not even the victim has received compensation. 

The village named Rampar falls under the taluka of Muli of district Surendranagar. There are number of families of different caste and religious staying. One of the schedule caste communities is valmiki. The district Surendranagar is even today known for its conservativeness and the practice of untouchability.

The complainant Parshottambhai Ghanabhai Chavda of this case is from valmiki community who is a member of schedule caste. Though he is the complainant, there are many other victims as this is a case of social boycott. There was a meeting with Dalit community with the help of Navsarjan Trust. The meeting was to enter into the temple to worship as Dalit community was not allowed by the so called upper caste. When the members of non schedule caste came to know regarding this, they stopped giving things of daily use from their shops like Pan Masala, vegetables, etc. Finally the victim filed FIR against the accused and police registered the offence under section 3(1)(5) (10) (14) of the SCST Prevention of Atrocities Act.

Saravanan (22), belongs to Dalit Arunthathiyar Community, is a resident of Kottaimedu, Perundurai, Erode District. He is working in a T-shirt production company. On 17/01/2011, he went to Perundurai Bus stand to buy Color Ginger, for his Cousin’s medical purpose. When he asked the shop owner for the ginger, he shown his hand and asked to take it. Since the ginger was kept in the ground, there were some sand stains in it. Hence he cleaned it from taking water from the water pot kept outside the shop. On seeing this the shop owner objected to that, saying that you are not suppose use the water. In reply, Saravanan said, that he is not getting it for free and he paying money for that. Being infuriated the Shop owner, bugger! Sakkilia thoyoli how dare you to use the water and objecting my words. Saying so, he beaten him with his hand. On hearing the noise, Sridhar who is working as a teacher, verbally abused him and referred derogatory regarding caste, and beaten him with the stick on his back. Other two relatives of the shop owner assaulted him. When all the four were assaulting Saravanan, dalit members reached the place of atrocity and asked the reason for the assault. In the midst Police reached the place of incident and advised to give a complaint to the police station.

On the same day evening, the perpetrators filed a false complaint. Hence the victim with the help of Viduthalai Chiruthaihal Katchi (VCK), lodged a complaint with the Perundurai Police Station. He was sent to the Erode Government Hospital for medical treatment. Police have not arrested the culprits.   

Sunita Devi w/o late Shikandar Baitha is resident of Chakfateh village under Mahuwa police station in Vaishali Dist. belongs to Dhobi (SC) community. 

Sunita Devi was one of the members of SHG of the village. On 16/01/2011, while Sunita Devi was attending Self Help Group (SHG) meeting, the accused persons Santlal Singh s/o late Jawahar, Surendra Singh s/o Late Kamal went to the hall and abused her in caste name over distribution of SHG amount. The accused persons dragged her out, striped her and beat mercilessly. The attendees of the meeting rescued her and took the incident under control.

A case was registered in Mahuwa police station on 16/01/2011 against the abusers as  No. 12/11, u/s 341, 323, 504, 354, 379 IPC & 3(1) (x) of SC/ST (PoA) Act., 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.       Voluntarily causing hurt to and assault or another person is an offence Sec.323 of IPC 342,355, 326, 327, 34 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 [sec. 3(1)(x) of SC/ST (PoA) Act].
3.       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].
4.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
5.        No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment –Art 5 UDHR & Art 7 ICCPR.
6.       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.