Brief details of the incident:

Kona Sasidhar, Joint Collector-East Godavari district has come to Sub-Collectors’s office at Rajhamundry on 7^th July 2010 to follow up the land procurement process for Adi Kavi Nannayya University (AKNU).   As part of the process he had a meeting with the protection committee of AKNU.   The committee members are as follows: (i) Madduri Shiva Subba Rao(50), Brahmin by caste (ii) Bhaskar Ram (iii) Krushnarayalu Kapu by caste (iv) VVS Krishna Kumar (v) Somu Veera Raju  (vi) Dr. N. Ramana Chowdary.   All the members are non dalits.

During the meeting there was a serious discussion on the allotment of land and the Joint Collector declined to allot a particular piece of land as it belonged to Scheduled Castes and as such it would be against rules to allot the land.    Madduri Shiva Subba Rao the convener of the committee lost his temper on the Joint – Collector.   Siva Subba Rao shouted at the Joint Collector, “You SC! From where did you get this courage to oppose us? After all you got IAS due to SC reservation. I can earn your one month’s salary in just 2 hours”.

The Joint-Collector lodged a complaint in III Town PS of Rajahmundry on 7^th July.  A case was registered U/s 3(1)(x) of SC/ST Act and 353 & 506 of IPC against Shiva Subba  Rao.   Though the sections were non-bailable, he was granted bail immediately by  Mr. Mahanthy a judge belonging to Brahmin community on 9^th morning on the grounds that he has to attend the State Bar Council meeting on 10^th and 11^th July 2010 at Hyderabad and that he hails  from a reputed family.   

The State Bar Council has 25 members out of which only one member belongs to scheduled caste.    Mr.Shiva Subba Rao being the member Bar Council has pressed for a resolution in the Bar Council meeting to condemn the booking of criminal case on him.   It was opposed by the lone member belonging to scheduled caste stating that Mr.Shiva Subba Rao was involved in the incident as the convener of the protection committee and not in his capacity as an advocate.    Despite this opposition by the lone scheduled caste member of the Bar Council, the Council on the last moment of the second day of the meeting passed a resolution in favour of Mr.Shiva Subba Rao urging “All bar associations to protest the incident by wearing red badges on 14^th July”.

A Joint Action Committee (JAC) with all dalit and like-minded organizations including DSS was formed immediately on 8^th July and since then continuous protest activities are being conducted at Kakinada, Amalapuram and Rajahmundry.    DSS is playing key role in the JAC.   Likewise a call for “Chalo Rajahmundry” on 24^th July was given by Bojja Tharakam, prominent Dalit Leader & Senior Advocate of High Court and Mr.  Harsha Kumar, Member of Parliament.   Further, two member committees consisting of the high court advocates were sent by the AP SC/ST Advocates Association. They probed into the incident and have demanded for immediate cancellation of bail given to Mr.Shiva Subba Rao and action against the judge for granting bail.         

Background:

The protection committee of AKNU was making all plans to acquire and alienate 120 acres belonging to the dalits.   The protection committee with the support of the Member of Parliament Mr. Undavalli Arun Kumar (Brahmin by caste) was insisting the joint-collector to procure this 120 acres of land for the university.   This land was given to the dalits (madigas) long back during the time the British rule in 1938.   Since then the dalits have been in possession and enjoyment of the land.   Since the land belonged to dalits the Joint-Collector was not in favour of alienating this land to the University.   Even the previous Collector was transferred as he tried to give back the land to the dalits.  The land has caught the focus of the non-dalits because, its value has increased abundantly and moreover it is in the prime area and it was a ploy of the non-dalits to deprive the dalits of their land in the guise of public purpose of allotting that land to University.

Perspective of the Dominant Communities and the Government:

The incident of insulting the dalit Joint Collector smacks of the contempt the non-dalits have towards dalits even if they are in high positions such as Joint Collector a district officer.   The dominant communities attack, murder or rape ordinary dalits on silly pretexts while they humiliate openly on the reservations, if it is a dalit officer or employee.   This particular joint collector has got 35^th rank in Civil Services Examination and was selected under open category. 

In this incident it is pity that the victim joint collector had to fight his own case and the government has not come forward to protect an important sincere, honest official.  It is necessary that even the Government has to take immediate action on the perpetrators of the crime for openly opposing the constitution by commenting on the reservations.

Velmurugan, S/o Vellaikannu, belongs to dalit community, is residing in Muthandikuppam village, Panrutti Taluk, Cuddalore District. He got Rs. 20000 as credit from Mr. Kathavarayan, who belongs to dominant caste hindu vanniyar community. Velmurugan has been paying the debt on daily basis. Balance amount to be paid is Rs. 5000. When Kathavarayan and his friend Selvam, went to Velmurugan’s house to collect the balance amount, they verbally abused him, referred derogatory regarding caste name and assaulted him. Hence Velmurugan filed a compliant regarding the attack with the Muthandikuppam Police Station.

In sequence to this attack, Kathavarayan induced Mr. Annamalai,  a meat seller, to lodge a false complaint against Velmurugan. When Velmurugan was hospitalized in Panrutti Government Hospital, Muthandikuppam Police Sub-Inspector Mr. Chandrababu took Manimegalai W/o Velmurugan, and Kathavarayan in his police vehicle and went to the hospital. In the hospital, he threatened Velmurugan to withdraw his case.

Fearing Sub-Inspector Chandrababu and Kathavarayan, Velmurugan expressed his decision to withdraw the case with the officials in the District Police Office.

Illayarasenanthal Village, is in Kuruvikulam Panchayat Union, Kovilpatti taluk, Thoothukudi district. In this village Panchayat President Jakkan, belongs to Dalit community was brutally murdered due to caste animosity. Sundarajan belongs to Dalit community was elected as the Panchayat President. He was working as a maid in the Illayarasenanthal Jamindhar’s house. Since Sundarajan tried to work independently without the dominance of Jamindhar, Jamindhar threatened to kill him and verbally abused him referring derogatory regarding caste. Hence PP Sundarajan along with other dalit solidarity group, agitated against the caste dominance of the Jamidhar. Due to this agitation, case was filed against the Jamindhar and Vice-president of the Panchayat under the PoA Act sections and both got arrested. The village was found to be peaceful from then on.

Recently in the Illayarasenanthal Government School, caste hindu students were seems to be inscribing caste animosity messages and pictures on the walls of the school. Caste derogatory writings were found in the walls of the class rooms. There was no proper inspection and security by the Watchman in this school. If this issue was not solved amicably it may erupt into large scale caste violence in the school. Students should be prohibited to celebrate birthdays of Caste leaders inside the school. 

 S. Keerthika(6), d/o Chandrasekaran, resident of Madappattu village, Thirunaavalur Union, Ulundurpet Taluk, Villupuram District, belongs to Dalit Vannaar community. She is studying 2^nd Std in Madapattu panchayat middle school. On 06/07/2010, during the lunch break, her friend and classmate, Sivaranjini asked Keerthika to come to her grandmother’s house. On the way to Sivaranjini’s grandmother house, they found guava tree in one Ayubkhan’s house. Hence they went inside and tried to pick guava fruits by standing on the septic tank, which was kept open. During plucking the guava fruits, Keerthika accidently fell into the septic tank. Sivaranjini who tried to pull her out, also fell into the septic tank. Sivaranjini managed to hold on to the iron rod and cried for help.  People around the place rushed to the spot and rescued Sivaranjini, but Keerthika was drowned inside the tank. Later the septic tank water was pumped out, and Keerthika was rushed to the hospital. But she was declared brought dead. As the death happened accidently, Keerthika’s parents have not filed a complaint. Ayubkhan paid Rs. 40000 as compensation to the victim’s family.

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.       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).
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 one shall be deprived of his/her right to life or personal liberty except according to procedure established by law. [Art. 21 IC-FR, Art. 9 UDHR, & Art. 9(1) ICCPR].
5.       Everyone has the right to life, liberty and security of person [Arts. 3 UDHR, Art. 6(1) ICCPR & Art. 5(b) CERD].

Nedimozhiyanur village is in Tindivanam taluk, Villupuram district. In this village, Dalit colony is frequently affected by fire accidents for about three months on various occasions. On 14/05/2010, Kishore, a three year old child was succumbed to the fire accident and died. After this there was again a fire accident in this village and 8 houses with all the house hold things got completely ruined by the fire accident. Again on 07/07/2010 due to the fire accident two goats succumbed to the fire injury and died. Clothes of Karpaham and Rekha got destroyed by fire accident on another occasion. Hence Dalits of this village staged a road blockade requesting the government to take some action in this regard.

Because of this mysterious fire accidents and the losses, Dalits in this village were mentally disturbed and were living in constant fear. Students of this village stopped going to school. People fast becoming superstitious and many opportunists utilizing this situation started making money under the pretext of conducting pujas. This is leading to social unrest among the community. Government officials who were suppose to ensure safety and wellbeing of the Dalits in this situation, is seems to be irresponsive regarding the accidents. Affected victims of the fire accidents are not provided any relief and medical care.