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. 

Both the accused and victim lives in the Railway quarter and the accused called the victim as Harijan and branded as untouchable

Legal Standard Breached:

1.       Everyone has the right of life, liberty and security of person [Art. 3 UDHR and Art. 5(b) CERD].
2.       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. 

Sultanpet is home to nearly 100 Arunthathiyar families. In 2002, some 5 people belonging to Caste hindu Gounder community bought 5 acres of land and named it as Jeeva Nagar. Sultanpet Arunthathiyars can reach Managalam panchayat only via Jeeva Nagar.As per the agreement arrived in the past, Sultanpet residents can have access to road to Mangalam panchayat and  Public well. In 2004, exploiting the ignorance/innocence of the dalit Arunthathiyars, Gounder community people with the help of tainted government officials, built a discriminatory wall in pretext of constructing a Petrol Bunk.

On 28/08/2008 and on 25/10/2010, Sultanpet Dalits filed a petitioin with the District Magistrate requesting the demolition of the discriminatory wall. Hence on 30/10/2010, Government officials came with the JCP to demolish the wall. Opposing the demolition of the wall, caste hindu Gounders staged a protest. Inspite of the opposition, the Discriminatory wall was demolished.  

Balasubramanian Dalit student, resident of Sirukadampur village, Gingee Taluk, Villupuram District, became a victim brutal attack due to previous enmity and animosity between dalits and dominant Caste Hindu Vanniyar Community. Six months before, a cricket tournament was organized between Dalit youths and Vanniyar youths, with a prize amount of Rs. 2000. In this match Dalits won the match, but they were not given the prize money. During a Kabbadi tournament, one Vanniyar youth Ramesh harassed a Dalit girl by tapping on her back. When Rajkumar, a dalit enquired about this, it leads to an heated dialogue and ends in a violent clash between both community.

Balasubramanian, used to leave his mobile in a shop close to his college, since students were prohibited to use mobile phone inside the college campus. Due to previous enimity Vanniyar youths who were for a occasion to humiliate and hurt dalits, Balasubramanian seems to a easy prey. Ramesh, a Vanniyar, took away Bala’s mobile and left their mobile. On return the blamed Bala for theft and when Bala enquired about this he was beaten up and verbally abused by Ramesh and his friends.

On 28/10/10, while Balasubramanian was returning home in a bus, 15 Vanniyar youths interrupted him and brutally assaulted him with Iron pipe and Blades. He got severe injury in his head. Balasubramanian informed about this attack to his father. When his father and friend Udayakumar reached the spot and enquired the Vanniyars about the attack, they were also brutally assaulted.

On 28/10/10 Balasubramanian’s father lodged a complaint and FIR was filed on 29/10/10 U/s Section 147, 148, 294b, 373, 374, 506(ii) of IPC and 3(1)(X) of PoA Act. Out of 15 perpetrators, only 6 were arrested. A counter case was filed against dalit youths and 3 dalits were arrested.