The village Naugaya is situated around kilometers from district headquarters Bharatpur and kilometers from Jaipur. Gurjars are dominant in the village as around 70 Gurjar families reside there. 55 Jatav, 30 Brahmin, 15 Yadav, 40 Thakur and 2 Valmiki families also reside in the village. Atrocities on Dalits by the ionfluential caste people are not new here. Dalits here are landless thus have to earn their livelihood by working as laborers. Gurjars are affluent and powerful with a strong political approach. Dalits here are in a miserable condition. As they are not much educated, they mainly work as laborer. The higher caste ill treats Dalits at every step.

Poonam (15 Years) lives in village Naugaya with her parents and siblings. She studies in class 7^th. On the day of incident, i.e. on 28.10.10 Poonam was alone at her home. Her parents went to the fields to work. Her younger brother and sister went to play nearby. Poonam was cleaning the utensils inside her home. As she was sitting in opposite direction to the main entrance of home, she could not see that Rakesh s/o Pooran Singh Gurjar entered her home and hide himself in the room. When after cleaning, Poonam went to the room to keep the utensils in the cupboard Rakesh caught her from behind and flung her onto the floor. When she tried to shout he stuffed her dupatta in her mouth. He tightly held her hands, stripped off her clothes and brutally raped her.  Meanwhile her younger brother Balraj and sister Renu came home to drink water. When they saw Rakesh mistreating with their sister, they started crying and shouting, on which Rakesh beat both of them and ran away from there. Her siblings rushed to their parents to tell them about the whole incident. In the mean time, Poonam’s aunt Hardei was passing by their home. She heard Poonam’s howling and asked her about the matter. Till Poonam’s parents came, she stayed with Poonam. Her parents rushed towards home and came to know about the whole matter. When they were going to police station to lodge FIR against the accused, his whole family surrounded their home, threatened them to be killed and did not allow them to leave the house. For 2 days they were confined in their own house. On 30.10.10 Poonam’s uncle came from Ajmer and took them to police station for lodging the complaint. But police did not entertain them and asked them to come next day. Thus on 31.10.10 their report was lodged and she was sent for medical examination.

Police here did not play any influential role. When victims went to the police station to lodge FIR, they were sent back by the police officials by giving an excuse that computers are not working and asked them to come next day. When the accused and his family blocked their way and did not let them go to lodge FIR even then also police failed to provide any security to them. They were getting continuous threats from the accused side but police did nothing in this regard.

Medical examination of the victim took place on 31.10.10. The medical officer did not give any opinion regarding the occurrence of rape and reserved the opinion for FSL report. The charge sheet against the accused was presented before the court from where the accused was sent on remand and now the case is pending for trial. Culprit’s family tried to pressurize the victim’s family at every step and did not let them register the FIR but somehow it was lodged. The culprit’s family tried to influence victim and her family to withdraw the case. The accused also beat Poonam’s younger brother and sister. Due to this incident, Poonam’s mental condition is not stable. She is so much terrorized that she has confined herself in home and does not talk to anybody. The charge sheet against the culprit was presented before the court of law. Now the case is pending for trial.

Brief details of the incident:

Nagabattula Satyasri (29), SC Mala by caste, is the wife of Nagabattula Vijay Shankar, resident of Kamujuvari lanka, Ambajipet Mandal, E.G. District. Vijay Shankar works in a cloth show room had married Satyasri’s elder sister for the first time.  After giving birth to a girl child, namely Vijaya Pada, his first wife passed away. Vijay Shankar married another woman after the death of his first wife.  But Vijay Shankar’s second wife did not look after well Vijaya Padma who was born to his first wife. Therefore he deserted his second wife and married the younger sister of his first wife Satyasri.  Satyasri married his brother-in-law for the sake of her sister’s daughter though there is age difference between both of them. Satyasri had two daughters and a son after her marriage.  Ganti Sushma w/o Ganti Harichandra Prasad is the eldest   sister of Vijay Shankar who lives next door to him.  Sushma has two children namely Ramakanth and Praveen Kumar.   Vijaya Padma D/o Vijay Shankar’s first wife loved Praveen Kumar.  But Vijaya Padma’s parents rejected their daughter’s love as she is educated up to B.Sc and Praveen Kumar is an illiterate and had many bad habits.   For this reason the relationship of both the families got strained and was clashing.

Satyasri is working as social worker in PARA (NGO) and also working as Asha worker in Ambajipet.   As Satyasri has to work in 10 villages, she daily goes by cycle to all those villages. Ganti Praveen Kumar and Ganti Ramakant along with their friend’s Guthula Kartik (BC settibalija), Nagabathula Bhaskara Reddy (SC Mala) Dasari Vishal (BC settibalija) Gidla Vijya Kumar, Gidla Pradeep (SC Mala) used to call Satyasri from different numbers and abuse her by saying such things as : “you come and sleep with us we will give you thousand per hour ” “your husband became old so he will guard us when we are inside” “  If you don’t come and sleep with us we will pour acid on your face then you will not be useful to any one”.   The accused persons used to follow her while she goes to the work on bicycle and harass her.  One day Satyasri went to Guntur for training program, there also she got the calls from unknown numbers abusing her.   Satyasri complained to the Ambajipet police on phone about the issue by giving those numbers from which she got the calls. But police advised Satyasri to come personally and give a written complaint.   After the training, Satyasri returned from Guntur and then also the telephonic abuse continued.  On 24/12/2010 around 6 a.m. Satyasri went to the house of Praveen’s mother Sushma and complained to her about his son’s behavior.  But Sushma abused Satyasri saying: “you are carrying on prostitution in the name of doing job, so why don’t you come and sleep with my sons also; I will pay 2000 rupees per hour”.  Around 12 a.m. Sushma’s son’s who are waiting for the chance came by bikes and beat Satyasri and also her husband who came intervened to stop them. Later Satyasri took one of the elders in the caste namely Peddamala Viranna and questioned Sushma about the episode, but Sushma fought with the caste elder man too.  The caste elder, Viranna got frightened with the behavior of Sushma and her sons and left the place. In a helpless condition Satyasri approached the police and complained about the incidents. But no action was taken by the police, therefore Satyasri approached DSS. DSS went and brought pressure on the police to register a case on the accused persons.  Meanwhile, the accused persons brought Surpanches of the villages Pulletikurru, Machavaram, Vakkalanka and other politicians and pressurised Satyasri for a compromise.   Mulaparti Mohan Rao, surpanch of Machavaram requested Satyasri that if she was not willing to withdraw the case, at least to drop out the names of BC boys.  As Satyasri rejected his advice Mohan Rao abused Satyasri, in the name of caste. With the pressure of DSS, case has been registered in Ambajipet PS on 19/01/2011, after 24 days of struggle.

Uthamapalayam is a village, near Vellaikovil, Kangayem Taluk, Tirupur District. This village is home to Caste hindu Kongu Vellalar community and Dalit Arunthathiar Community. Caste based untouchability practice and discrimination is widely practiced in this village and in the neighbouring villages. Mariamman Kovil, located in this village is nearly 400 years old. In 1983, Uthama Mariamman Trust was formed, and of all the 14 Trustees 13 were from the caste hindu Gounder community and one from Chettiyar Community. 80 acres of public land and nearly 350 Pounds of Gold belong to this Temple Trust. Since 1992, Dalits were involved various protest movement seeking permission to conduct puja in this temple. In 2004, Dalits staged an agitation seeking temple entry. With the Government intervention, Dalits were allowed inside the temple. Caste hindus considered this as theetu, and closed the temple. They planned to build an another temple and erected a temporary structure with thatched roofs and steel sheets. In 2010, Caste hindu gounder community people, built a new, Uthama Mariamman Pudhu Kovil, with the Temple Trust Fund and without consulting the Dalits.

On 21/10/2010, Kounder community people orgainsed a festival in the Pudhu Kovil. They planned to assault whomsoever tries to enter the temple on this day. On the day of festival, when dalits tried to enter the temple, they were assaulted by the caste hindus. Mr. Solaiyappan and Mrs. Kavitha were assaulted by the caste hindus, in the presence of Police men. 100 Dalits and pro-dalits who staged a protest on this day  were arrested by the police. 

Rajendran and Ashok, residents of C.Meyur, Thiruvennainallur Union, Thirukovilur Taluk, Villupuram District, belongs to Dalit Paraiyar community. On 13/10/10, while they were riding their bike, Kuthukounder, resident of Ayyampettai, belongs to dominant caste hindu Kounder community, who was riding a bullock cart hit Rajendran’s bike. The cart wheel went over the foot of Rajendran causing grievious injury. On seeing Kuthukounder riding and speaking through mobile phone, Ashok and Rajendran, scolded him for his carelessness. Kuthukounder verbally abused them saying, “you paraya son of prostitutes, how dare you advise me?”. The heated dialogue turned into a scuffle and the Dalits assaulted Kuthukounder. In retaliation Kuthukounder attacked them with his whip. Rajendran was taken to the hospital for medical treatment for his leg injury.  On noticing this incident, Vedival and his wife Indra, who were collecting fodders pacified both the group and struck peace.

In sequence to this incident, Kuthukounder called his fellow caste hindus and informed about the assault. The intolerant caste hindus who could not tolerate the assertion of dalits organized a 20 member mob and reached the place with deadly weapons. As Ashok and Rajendran left the scene, the mob caught hold Vedivel and Indra, and brutally assaulted them with deadly weapons, asking the details about Ashok and Rajendran. Shanmugam who came to the rescue of his parents, was also hit with a stone. Shanmugam and Vedivel sustained grievous injury, were taken to the Thirukovilur government hospital. The mob assaulted Selvaraj who was identified as dalit as he was wearing VCK party dhoti. Elumalai, Kovindhan, Gemini and Balu belongs to dalit community were also brutally assaulted by the mob. When the injured dalit called for the emergency ambulance, the caste hindu mob prevented the ambulance to board the wounded Dalits. On 15/10/2010, the mob went to the Thirukovilur Government hospital and assaulted Rajendran as a act of vengeance.

Dalits staged a protest infront of the Thiruvenainallur Police Station requesting the arrest of the perpetrators. But the police filed cases against the perpetrators and also against the dalit victims. Later peace meeting was convened and the case was compromised.

Legal Standard Breached:

1.       Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. [Sec. 148 of IPC].
2.       Voluntarily causing hurt to and assault or another person is an offence Sec.323, 326, 342,355, 34 of IPC
3.       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).
4.       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).
5.       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].
6.       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).
7.       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].
8.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].
9.       No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [Art. 5 UDHR and Art. 7 ICCPR].