Thursday, March 17, 2011

State Silence and Continuing Caste Atrocity on Dalits



*A Brutal Caste Atrocity against Dalits; Houses Burnt*



Indira colony is a Dalit hamlet located in the Parali Pudhur Pancahyat, Natham Taluk in Dindigul District of Tamil Nadu. There are around 600 people who are belonging into Hindu Parayar Sub Caste (Scheduled Caste) living in this village, many of them are agricultural labours, some of them are construction labours and all of them are living below poverty line. This Dalit village is surrounded by 7 other villages which is predominately populated by people of the dominant caste namely Mutharaiyar which falls
under the MBC (Most Backward Caste) category and who are primarily rat catchers in the paddy field. According to the sources 90% of the people who belong to the Mutharaiyar Caste in these villages have a piece of agricultural land and they are self dependent whereas Dalits are land less
and they are labourers to them.

There was a marriage held in the Indira Colony on 07-02-2011 and therefore they decorated their village with flags of Viduthalai Chiruthaigal Katchi (VCK) (a mainstream Dalit political party in Tamil Nadu), Dravida Munnetra Kazhagam (DMK a Ruling Party of Tamil Nadu) and glued the wedding posters and flex banners which exposed the VCK party president’s picture. As part of the decoration they put a VCK flag on the top of the water tank which is located just opposite the Dalit village without any disturbance to the
public.

The next day Mutharaiyar community got angry seeing the VCK flag on the water tank and they put up their community flag on the same water tank with the intention of confronting the Dalit community. Some of the elders from the Dalit community approached the village leaders of Mutharaiyar community and reported about the community flag hoisted by some of the youth belonging to the Muthariyar caste to counter the Dalit community. In this circumstance both parties agreed to remove their flags and first the VCK flag was removed
by a Panchayat ward member who belongs to the Dalit Community but the Mutharaiyar community did not allow him to remove their community flag saying he is ‘untouchable’ and if he touched the flag, it would be polluted. Therefore the flag was remained on the water tank.

On 13-02-2011 around 5.30 pm some unknown persons put a garland of footwear on the Mutharaiyar community flag to dishonour it. It is suspected that this might have been done by the Dalit community and they got angry over the Dalits. This message spread to all the Mutharaiyar villages and they started visiting to the spot by lorry, van, car and motorcycles. There was a huge gathering of Mutharaiyar community in front of the Dalit village.

According to some reliable sources met during the fact finding mission on this incident, the Dalit community is asserting their rights and politically emerging in this village in recent times. Earlier the Dalit faced extreme caste based discrimination by the Mutharaiyar community in this village. Untouchability practices are still prevalent in this village and the Dalit are forbidden to sit on the bus even though there are vacant seats. The seats are filled in the buses with luggage by the dominant caste people very often with the intent of not allowing the Dalit to sit on seats equal to them. The Dalita are often attacked by the Muthariyar community when they resist discrimination. The Dalit are not allowed to go to the police station to lodge complaint against the perpetrators and most often the victims are forcibly made to agree to a compromise by the Katta Panchayat (Kangaroo Courts) which comprise of dominant caste leaders (legally banned in Tamil Nadu).

At around 07.30 p.m., more than 350 persons belonging to the Muthariyar community entered into the Dalit village with long wooden sticks, iron rods and stones. They pelted stones on the Dalit people as soon as they entered into the village, busted all the electric lights in the front portion of the houses and they shouted at them in derogatory terms using caste name. They warned them “hey stupid Paraiya dogs, how dare are you dishonored our flag; we will finish you tonight, sleep now, your uncles will come during night and show who we are”* *The Dalits were frightened over this and many of them ran away from the village. After that they left the Dalit village and went to the Natham main road and staged a road roko demanding to arrest the
accused. At the same time they pelted stones on the Dalit, broke tiles of the Dalit houses and looted Dr. Ambedkar Nagar which is on the Natham Main Road where they had staged road roko. The police rushed to the spot and discharged them from the spot.

After that 1 Sub- Inspector and 5 constables were deputed for picketing in the Dalit villages. At around 10.30 p.m., around 600 people belonging to Mutharaiyar community entered into the Dalit village with petrol cans,
swords, sharpened iron rods, stones and clubs. They derogatorily scolded them, using caste name and filthy words. They also threatened them saying, “we will kill you now, demolish your home, everything and you will beg food from us tomorrow onwards” and subsequently they pelted stones on Dalits, broke the roof tiles in 70 Dalit houses, burnt 34 houses, broke the house doors in all most all the houses, burnt 4 goats alive, burnt 7 motorbikes, set fire to 2 grocery shops, completely damaged 3 bicycles, 10 drinking water taps, lath work machines & Instruments, steel cupboards, looted the utensils and stole money and gold ornaments.**

The brutal attack went on for more than an hour and the Dalit people ran away from their village to save their life and it was the riskiest for the children, women and the elderly person to escape from the brutal attack during night in the darkness. There was piercing cry of children, women and others during the mass attack by the dominant caste people. Many of them begged them to stop the violence but they did not listen.

An attempt was made to kill 15 days’ old baby of Mrs. Alagumeenal by the dominant caste people during this mass caste atrocity against Dalits. She begged them and fell down at their feet, requesting to leave her baby, but she was beaten up by them. The mother safe guarded both of them after great
struggle.

During this mass caste atrocity some of the dominant caste men removed their under wear, stood half naked in front of the Dalit women and harassed them.The women cried and ran away from the village. The dominant caste people forcibly removed the dresses of the Dalit children. The children cried and they also were badly beaten up by them during the mass caste atrocity.

Mr.Bose (55) S/o Mr.Servai a visually challenged person who belongs to Dalit community was sleeping in his home at night. At that time the dominant caste people who came to his home set his house on fire and grocery shop which is adjoined to his home. He felt heat coming inside the home and sensed a burning smell and got up from the bed and opened the door to go outside. Finally he came out of the house with the greatest difficulty but he sustained burning injury on his fore arm while he came out from inside the house. He has not been provided any medical treatment so far.

Mr.Nainan (50) S/o Mr.Servai who belongs to the Dalit community was assaulted by the dominant caste people during the mass caste atrocity. He was sustained severe injury in his hands and legs. He has been illegally detained at the Natham police station while he went to lodge a complaint against the perpetrators, he was not provided any medical treatment and he is in illegal detention at the Natham Police Station still.

Ms.Chellamal (60) who belongs to the Dalit community sustained severe injury during the mass caste atrocity by the dominant caste people. According to the sources many of the Dalits have been severely injured during the mass atrocity and have not gone to the hospital for treatment since they were frightened of the dominant caste people and the police that they may be arrested under fake cases. Hence all the affected Dalits ran away from their village and took refuge in their neighboring villages.

Mrs.Poongothai who belongs to the Dalit community was an eye witness to the whole brutal violence that took place on 13-02-2010. She is witness to the fact that around 600 people of Muthariayar community surrounded the Indira Colony (Dalit village) and many of them had lethal weapons in their hand and staged a brutal attack. There were two known accused namely Mr.Maharasan S/o Mr.Chinna Poosari, Mr.Nagarajan S/o Mr.Karuppan who had the above said lethal weapons in their hand, attacked the Dalits and looted the entire village along with the others.

The Dalit villagers said that Mr. Amsaraja (Proprietor of Amsa Studio) who belongs to the Mutharaiyar community residing at Vathipatti village had offered his TATA SUMO vehicle for a free trip to the perpetrators to reach Indira colony (Dalit village) during the mass atrocity. Mr. Alagu @ Kutti and Mr.Babu (Member of DMDMK Party) supplied petrol to the perpetrators to burn the Dalit houses and other properties during the mass atrocity.

The District Collector of Dindigul did not meet the survivors of caste atrocity till today and the Parali Pudur local self governance president Mr. P.A. Nalliyappan too has not met them so far. The victims have not been
taken to the hospital and no adequate measures have been taken by the government to provide immediate relief to the survivors of caste atrocities. The Dalit victims are starving in the village since the food grains and
utensils from their houses have been looted by the dominant caste people during the mass caste atrocity. They are managing with great difficulty with assistance from the neighboring Dalit villages to feed their children and
the elders.

*Findings:*

1.      The fact finding team has observed that the Dalit people are minority in this Indira colony and most of them are live under below poverty line. 90% of them are agricultural labour and their livelihood is dependent
with the Mutharaiyar community.

2.      The fact finding team has observed that *34 houses were burnt and roof tiles are broken in the 70 houses,* *in all most all the houses, doors have been broken, 4 goats were burnt alive, 7 motorbikes and 2 grocery shops were burnt, 3 bicycles, 10 drinking water taps, lathe work machines &instruments and a steel cupboard were completely damaged, the utensils, money and gold ornaments were looted.*

*3.      *The fact finding team has observed that Mr. Mr.Nainan (50) S/o Mr.Servai who belong to the Dalit community sustained severe injury on his hands and legs during the mass caste atrocity. He was not provided any medical treatment and he has been *illegally detained at the Natham Police Station while he went the police station to lodge a complaint against the perpetrators.* *It is observed that the victim has further suffered atrocious behavior at the hands of the police and it is a violation of the right to life of the person under Art.21 of Indian Constitution.*

4.      The fact finding team has observed that the district magistrate has not visited the place of place and not taken any steps to *provide immediate relief, temporary shelter and protection to the survivors of caste atrocities under Rule 6 of SC/ST PoA Act 1989 and Rules 1995*. It is observed that the district magistrate has neglected his mandatory duties under the Act.

5.      The fact finding team has observed that the police has not invoked appropriate sections in the FIR under the SC/ST PoA Act 1989 and Rules 1995. Also, they have foisted counter cases against Dalits, frightening them into not returning to their villages on the threat that they may be arrested by the police at any time. It is observed that the victims and the witnesses are hesitant to lodge complaints at the police station.

6.      The fact finding team has observed that the Dalit women faced obnoxious sexual abuse during the mass caste atrocity from the dominant caste men. The police have not filed any case with regard to this incident.

7.      The fact finding team has observed that the police have not taken preventive steps to stop any further violence after the incident that happened on the same evening on 13-02-2011 at around 07.00 p.m. Only 1 Sub Inspector and 5 constables were deputed for picketing in this sensitive village. This situation was used by the dominant caste people for mass atrocity against the Dalits on the same night. It is evidently witnessed that the police have willfully neglected their duties under the Act.

8.      The fact finding team has observed that the Dalits are forbidden from sitting on the government buses which go to the Dalit village and to the Muthairaiyar community village every day. The seats are filled by the
dominant caste people with their luggage and they do not allow them to sit even though there are vacant seats in the bus. It is observed that untouchability practices are still prevalent in this village.

9.      The fact finding team has observed that earlier too there were many caste atrocities that took place and the Dalit victims are forbidden to lodge complaint against the perpetrators who belong to the Mutharaiyar
community.

10.  The fact finding team has observed that the district administration and the police have not taken any steps to repatriate the Dalit community who ran away from their village during the mass caste atrocity and failed to
ensure protection to the Dalits in their village.

*Recommendations:*

1.      The fact finding team recommends to the district magistrate to take appropriate steps to provide immediate relief to the Dalit community and ensure police protection to them in the village.

2.      The fact finding team recommends to the district magistrate to asses the total damages and loss of the property of Dalits, provide adequate compensation and take measures to provide rehabilitation under the rule 6 of SC/ST PoA Act 1989 and Rules 1995

3.      The fact finding team recommends that the district magistrate direct the district superintendent of police to alter the FIR u/s  3 (1) ii, 3 (1) (iii), 3 (1) (ix), 3 (1) ( x), 3 (1) (xi), 3 (1) (xiii), 3 (1) ( xiv), 3 (1) (xv), 3 (2) (iii), 3 (2) (iv), 3 (2) (v), other sections are attracted under the IPC and arrest the accused immediately.

4.      The fact finding team recommends that the respected state director of Tamil Nadu, National Commission for Scheduled Caste take sue moto action on this incident and render justice to the survivors of caste atrocities.

5.      The fact finding team has recommended the respected chair person of the Tamil Nadu commission for women shall probe this brutal atrocity against women and take effective steps to render justice to the women survivors of caste atrocity.

6.      The fact finding team recommends that the National Commission for the Protection of Child Rights probe into the violence that took place against children during the mass caste atrocity and take effective steps to render justice to the children who have been mentally distressed and provide them psychiatric support to relieve their trauma.

7.      The fact finding team recommends the District Magistrate to revoke the false cases filed against the survivors of caste atrocities and ensure police protection to them.

In Solidarity

Pandiyan

People’s Movement for Social Justice-Tamilnadu

No. 15-3rd Street,

Thabalthanthi Nagar,

Madurai-17

Tamil Nadu

kamalmsw@yahoo.com



Addresses:

Thiru. M. Vallalar IAS

District Collector

Thiagi Subramania Siva Malihai

Velu Nachiyar Valaham

Chettinaickenpatti

Dindigul - 624 004

Phone (O) -             91-451-2460084

Phone (R) -             91-451-2432700

Fax - 91-451-2432133

E-Mail - collrdgl@tn.nic.in

Mr. E. Dasarathan

Director

State Office of the National Commission for Scheduled Castes

2nd Floor, Block-5, Shastri Bhawan, Chennai-600006.

044-28276430, 28312851



Prof. Shantha Sinha,

Chairperson

National Commission on Protection of Child Rights

Phone: 011 23731583**

Fax:  011 23731584

Email:  complaints.ncpcr@gmail.com shantha.sinha@nic.in



Chairperson

National Commission for Women

4, Deen Dayal Upadhayaya Marg,
New Delhi-110 002

Email: complaintcell-ncw@nic.in



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