Case in Brief:

Bantumilli Annapurna (19) d/o Nagamma is the resident of Dorasanipadu, Dwaraka Tirumala mandal, West Godavari district. Annapurna has 3 brothers and a sister. She lost her father 5 years back. Annapurna was married 2 years ago to Talari Lakshmana Rao(25) s/o Sarveswara Rao resident of Lakshmipuram village, Jeelugumilli mandal of West Godavari district. Lakshmana Rao is a mason and his sister Mahalakshmi and brother-in-law also stays them. Mahalakshmi used to quarrel with Annapurna quite often. Later Annapurna and Lakshmana Rao moved to Dorasanipadu. As her mother-in-law died, Annapurna and Lakshmana Rao went to Lakshmipuram. As Annapurna was 5 months pregnant, she returned to her mother on the 7^th day and her husband has said that he will come later. Though 2 months have passed by, since her husband has not returned, Annapurna went to her husband’s village along with her mother and village elders. Lakshmana Rao said that she has to stay with him in his village and has promised to take care of her nicely. Hence her mother left her with him. Later Lakshmana Rao left Annapurna in his brother’s house and has not returned for 3 days. When Annapurna has enquired, she came to know that Lakshmana Rao had extramarital relation with Manga prior to their marriage and is continuing the same with her. Dejected over the matter, Annapurna returned to her mother. Since Annapurna was pregnant, she was taken to hospital for routine check up. Blood test was done to her and the doctors have said that she is HIV Positive. As she got HIV through her husband, she insisted her husband to go for check up, but he denied. Later Annapurna gave birth to a girl baby and she passed away in 5^th month. Lakshmana Rao was not bothered about Annapurna and has started to stay with Manga in his house. Annapurna lodged a complaint with Dwaraka Tirumala PS on her husband. Lakshmana Rao promised to take care of her, but has not taken her back. She again approached Police and requested to make arrangement for payment some money stating that she has given him 12gms of gold and Rs 30,000/- as dowry. Lakshmana Rao’s brother-in-law and caste elders came and gave Rs 20,000/- to Annapurna in the presence of Police asking her to undergo treatment and shall send back Lakshmana Rao once he is back home. Lakshmana Rao has not turned up. Annapurna’s sister has also returned back to her mother as her husband has deserted her. Often Annapurna’s brother Arjun has been harassing them to go out of the house.

Brief Details of the Incident:

On 23^rd November Arjun beat both Annapurnna and her mother and pushed her out of the house and threw out her clothes. Annapurna took her clothes and went to the Temple at Dwaraka Tirumala, stayed there until 2pm and later she went to Gopannapallem of Dendulur mandal for treatment. By the time she reached it was 7pm and the hospital was closed. Annapurna came across an old woman and she asked about the whereabouts of Annapurna. Annapurna narrated her story and the old woman advised to stay with her as she was alone. On 24^th November they both went for work in a garden. Annapurna was paid a wage of Rs 90/-. The old woman took Rs 40/- and sent Annapurna away around 10pm in the night. At this helpless situation Annapurna went to a nearby hotel, ate idly and asked a woman worker there to stay for that night. She suggested Annapurna to go and sleep in the temple nearby and her grandmother will be there. Annapurna went there and slept along with the old woman. In the late night 3 men came and asked about the details of Annapurna, forcibly took her to the nearby fields and gang raped her and went away. Later Annapurna returned back to the temple. In the early morning she informed to the nearby village people. They informed to the police and media. The media visited the place of incident and took photos of the liquor bottles, condoms etc. The police have said that they are busy with Rachabanda and have asked to go to the police station and lodge a complaint. In this helpless situation, Annapurna returned back to her village and is undergoing treatment locally.         

Brief Details of the Incident:

Juttiga Kumari d/o Subba Rao, SC Madiga by caste is the resident of Dammenu village in Undurajuvaram mandal of West Godavari district. Kumari lost her mother and her father being old, she was working on daily wages in the spinning mill at Chivatam a nearby village.

Dommeti Srinu (23) a resident of Vijayawada has deserted his first wife and married the girl of Dammenu village and who happens to be staying in front of Kumari’s house. Srinu works in a wine shop at Vijayawada. Srinu is the uncle of Krishnaveni who is the friend of Kumari.

Srinu came into touch with Kumari and lured her with his false promise of love. On 10^th November 2010 around 8am Srinu followed Kumari while she was going to the spinning mill and has managed to bring her out of the mill. He took her to Tanuku bus stand and made her to get into Vijayawada bus and asked her to wait in the Vijayawada bus stand until he reaches there. Srinu went back to his in-laws house, took his wife and reached Vijayawada by train, dropped his wife at their house and later reached bus stand. He picked up Kumari who was already waiting there for him, took her to the house of Lakshmi in Gunadala. Kumari was made to stay in the house of Lakshmi. Srinu used to come there regularly and exploit Kumari sexually.

After four days Srinu having come to know that a complaint has been lodged and he was suspected, he handed over Kumari to Saidulu stating that he has sold her to Saidulu. As Kumari denied, they both beat her up, threatened her of dire consequences and Saidulu took her away. Saidulu is a resident of Ravulapenta near Nakarikel in Nalgonda district. Saidulu brought Kumari to Nakarikel and he too exploited her sexually. On the night of 12^th June, Kumari escaped and came to her village and informed to her father about the facts of her missing. She was taken to the police station by the caste elders. A case has already been registered in Undurajuvaram PS based on the complaint given by her father bearing Cr No-124/2010 U/s girl missing and later altered based on the statement given by Kumari on 15^th June 2011, to Sections 417, 366(A), 376 of IPC & 3(1)(XII) of SC/ST (PoA) Act. 

M. Chinnakannu (46), resident of Sittapoondi village, Gingee Taluk, Villupuram district, belongs to Dalit Paraiyar community. He is a daily wage labour. Prior to his death, Perumal worked in the agricultural field of Govindasamy, belongs to dominant caste hindu Vanniyar community. As Govindasamy have not paid the wage, Chinnakannu went to his house to collect the wage. On seeing Chinnakannu, Anjaalatchi scolded her husaband saying, “why you are dealing with parayas, and allowing them to come to the house”. Hearing this, Chinnakannu raised objection to this. Infuriated and intolerant Anjaalatchi, verbally abused Chinnakannu saying, “how dare you paraya speak against us” saying so she beaten Chinnakannu with the groomstick. In retaliation, Chinnakannu slapped her with his slipper. Being humiliated by this incident, both Govindasamy and Anjaalatchi never disclosed this episode to anyone. Chinnakannu also remain silent about this incident. Govindasamy who used to electrocute his fence during the night time to guard his land from pigs, failed to switchoff the electrocution knowing that Chinnakannu will use his well after defecation. On 05/11/2010, 5am as usual, Chinnakannu went to defecation and used the Govindasamy’s well for washing. But he was electrocuted, fell inside the well and died. Later his body was taken for post mortem and buried. Later a case was filed and murder sections were invoked. The police failed to arrest the perpetrators. Later this was case comproised between the victim family and that of Govindasamy.

Legal Standard Breached:

1.       Whoever causes the death of any person by doing any rash or negligent act not
   amounting to culpable homicide, shall be punished with imprisonment of either
   description for a term which may extend to two years, or with fine, or with both.[Sec. 304A of IPC].
2.       Whoever  causes  grievous  hurt  to  any  person  to  doing  any  act  so  rashly  or
   negligently as to endanger human life, or the personal safety of others, shall be
   punished with imprisonment of either description for a term which may extend to
   two years, or with fine which may extend to one thousand rupees, or with both. [Sec. 338 of IPC].
3.       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].
4.       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 - the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (Art. 15(2)(b) IC-FR).
5.       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].
6.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
7.       No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].

Thirumalaisamy (29) belonging to dalit Arunthathiyar community, is a resident of Thaerpatti Village, Tarapuram Taluk, Tirupur District. He is working as a Mason. On 05/11/2010, while he was herding his goats in the nearby field, one Senthil belonging to caste Hindu Kounder community, who along with his friends drinking alcohol and playing cards, shouted at him saying, “how dare a sakkili wore a dhothi showing his thighs, in the presence of us”. He verbally abused him and referred derogatory regarding caste. Thirumalaisamy objected the verbal abuse and replied that he is comfortable with this type of wearing. Hence infuriated and intolerant Senthil assaulted Thirumalaisamy. When Thirumalasamy retaliate against the attack, A. Muthurathinam, M. Muthurathinam, V. Arunachalam, Nathchimuthu and Subbu, all 6 joined Senthil and brutally assaulted him.

Then again around 20 caste hindus in the neighbourhood gathered together under former Panchayat President and AIADMK Secretary Mr. Palanisamy, started attacking the Dalits in the colony with the deadly weapons. They vandalized the Thirumalasamy’s house destroying Table Fan, windows, and doors. Kala (28) was sexually assaulted by the perpetrators. Balan, Murugan, Kattammal (55) and other Dalits, who came to the rescue of Kala were also brutally assaulted. When the injured victims called the ambulance emergency number 108 to get treatment, the perpetrators stopped the ambulance on the way and lied that they were attacked by dalits and reached the hospital. They lodged a false complaint against the victims. The injured victims Kattammal, Bala and Murugan were admitted in the hospital on 05/11/2010 and were receiving treatment until 08/11/2010.

Thirumalaisamy who was severely injured was not given proper medical treatment. When he approached the Lingyam Police Station, Mr. Rasu threatened him. Sub Inspector of Tarapuram Police Station, chased away the victims when they tried to lodge a complaint against the perpetrators.