Brutal murder against dalits

“Atrocity against Dalit in 2011”

Findings of the Study
– 44 brutal murders out of 336 atrocity cases taken in the study.
– Dalit murder has been reported high in 2011 for the past 10 years.
– Only 3.9 % were punished in Dalit murder
Dalit elderly women murdered due to petrol bomb attack. On 3rd January an incident occurred in Koolayanur village near Theni an old Dalit person’s corpse, named Raju, was prohibited from cremation in a conventional cremation house, and the feudal fight from higher caste society. Due to this, there was an altercation between Dalits and caste Hindus. In this situation on 27.01.2011 around 10.30 pm, a violent gang had thrown a petrol bomb on the house of a Dalit old woman Chinnayi. Because of this brutal attack, Chinnayi sustained severe burn injuries and succumbed late in the hospital. Following this incident, Veerapandi police registered FIR in Cr. No.35/2011 under IPC section 147,148,436,307,302 r/w 3(1) (10), 3(2) (5) SC/ST Act, and police had arrested Dhamodaran, Markandan, Singham, and Murugan.

Dalit old man was burnt alive
Dalit Nallayan was residing in Periyapatti village, in Namakkal district. His son Sekar had a love affair with one Kulsar D/o Shajhan and eloped with her. Unable to bear this incident Shajhan Kulsar’s father threw petrol upon Nallayan and burnt him alive on 21.2.2011. Dalit Nallayan who sustained a severe burn injury was declared dead. Following this incident, Namakkal police registered FIR in Cr. No.311/2011 under IPC section 302 and the accused was arrested.

A Dalit girl child who was kidnapped to Kerala as a domestic maid was murdered
Karuveppalankuruchi village is near Virudhachalam at Cuddalore District. The villain resident of this village belongs to the Irular community. His 11-year-old daughter Dhanalaxmi was taken to Aluva near Ernakulam at Kerela to work as a housemaid. House owner Jose Kurian and his wife Sindu tortured Dhanalaxmi they denied her food, kept her in a dog kennel, inflicted burn injuries with cigarette buds, and inflicted injuries with a knife. Dhanalaxmi with severe injuries was admitted to M.O.S.C. hospital in Kolancheri at Aluva, later she died on 24.01.2011. Aluva police had registered FIR in Cr. No.522/2011 under IPC section 302, 26 of Juvenile Justice Act r/w 3(2) (5) SC/ST Act, and the accused were arrested.

Dalit murdered brutally by caste Hindu – for not leaving path
Mr.Pachirajan a Dalit man resident of Keelanalumoolaikinaru village in near Thiruchendur in Thoothukudi district had gone to a petrol station on 14.6.2011 around 3 pm which is situated on Thiruchendur-Tirunelveli road to fill petrol. At that time caste, Hindu Muthu came to the same petrol station and asked the victim whether he belong to Keelanalumoolaikinaru village and shouted at him to give way to fill petrol. Pachirajan denied to give way to him and told the caste Hindu he wanted to respect him because of his age and warned him not to abuse him by caste name. Due to this response, the caste Hindu Muthu got furious and started abusing him and run over his van on Pachirajan and killed him on the spot. Following this incident, Thiruchendur police registered FIR Cr. No.273/2011 under IPC section 302 r/w 3(2)(5) SC/ST Act and the accused were arrested.

The research reveals that around 44 Dalits were murdered during the year 2011. Evidence has undertaken fact findings on 204 incidents out of 336 incidents of atrocity against Dalits in the year 2011 in Tamil Nadu. Out of these cases, 44 Dalits (13%) including 18 women were murdered. (Still, there would be some murder incidents that were not taken for the research). Apart from this 10 Dalits were murdered under police custody and police firing. 24 Dalits were dead which is suspicious whether it is murder? Or suicide. Or accident?

Among the 44 Dalits who were murdered belongs to Madurai district were Ms.Rajalakshmi (4yr), Cuddalore district Dhanalakshmi (11) Sivgangai district Ms.Selvapriya (11), Tuticorin district Ms.Arputha (16), Dindigul district Ms.Samboorna Valli (7) and Ms.Kalleswari (6) were below 18 yrs 8 minor girls were murdered. 11 Dalit between the age group of 19 years to 30 years were reported. In the past ten years in the year 2011, the number of Dalit murders has been reported very high.
This can be compared to the murder that occurred last year. In the year 2010 among 1633 atrocity incidents 22 (from January- till September 2012) murders were reported, in the year 2009 among 1264 atrocity incidents 27 murders were reported, in 2008 among 1545 atrocity incidents 34 murder cases were reported.

Apart from this, for the past 25 days from January 1st till 25th January 2012, around 8 Dalits have been murdered including Dindigul Pasupathipandian, Trichy Kumaresan, Usilampatti Rajagopal, Kumbakonam Imanuvel, Dindigul Murugan, Nagapattinam Rengaiyan, Tirunelveli Mookammal, and Chennai Ambika. Though most of the Dalits are murdered due to the reason of untouchability and discrimination, caste color has been dousing behind this murder and depicted it as personal motive murder. Hence no immense protests have been done to oppose such murder.

Though the Dalit political parties are functioning as movements such Murders are highly condemned by way of democratic protest 5 years ago. But it is unfortunate nowadays these movements are completely given up not even giving minimum pressure or condemning the government for such murders. Whereas it is democratic in which non-Dalit political parties have the responsibility to condemn such acts but in the same manner Dalit political parties must have more responsibilities and duties than them. But the Dalit political parties are compromising with the ruling governments and go hand in and show some slackness in condemning the murders. Moreover, the affected people and the Dalit movement are strongly raising their voices against such murders are not brought to light.

Many Dalit movements conducted protests to condemn Dalit murders due to caste clashes during 1995-1997. But it is unfortunate Dalits are longing for such protests.
Only 3.9% of the punishment is given for Dalit murder. Though the police department and judicial system are responsible for this, there are no effective political pressures on this department. The only hope is that some Dalit movements and individual social activists involve and do some legal interventions.

Atrocity against Dalit women
24 Dalit women in the year 2010, 30 Dalit women in the year 2009, and 30 Dalit women in the year 2008 were affected due to sexual violence. But in the 336 Fact finding missions done by Evidence during 2011, we found that 20 sexual assault cases and 12 cases were attempted rape reported. Among the 20 sexual assault cases around 19 (95%) women were under the age of 30. Regarding caste clashes, in the 336 fact findings there were 19 (6%) caste clash cases, and 62 (18%) assault incidents including 25 women were reported. 42 incidents (12.5%) of attempted murder on Dalits were reported. Out of 19 caste clash cases, 4 incidents were reported in the Dindugal district, and 3 incidents were reported in Namakkal and Sivagangai districts. Among the 336 violation cases, land-based violation is reported in 39 (12%) incidents including 22 women.

Implementation of Prevention of atrocity act and Tamil Nadu
Villupuram is in first place on violation against Dalits. Madurai is in 28th position in its Dalit population is in the third position in atrocities. Pending cases in court – Sivagangai district stands first. Only 5.8% were punished for sexual violence occurrence. Around 1631 atrocity incidents against Dalits occurred in 2010 in Tamil Nadu. In 33 incidents tribals were affected. About 103 incidents occurred in Villupuram district, Virudhunagar stands second with 99 incidents, Madurai at third position with 93 incidents, Cuddalore stands 4th with 92 incidents, Sivagangai at 5th position with 88 incidents, and Tanjore at 6th position with 87 incidents.

Villupuram district has the highest Dalit population in Tamil Nadu. At the same time, regarding violation Villupuram district is the first one. But Virudhunagar which is in 2nd position for atrocity incidents has its Dalit population in 14th position. Madurai which is in 3rd position for violation incidents the Dalit population is in 28th position. Vellore district which is in 2nd position for its Dalit population, only 27 atrocity incidents have been registered. From our research, we can observe that the highest atrocity incidents are reported in the area where the Dalit population is low. Nilgiri district which is in 19th position in its Dalit population, only one incident has been registered. In Tamil Nadu till September 2010 around 22 Dalit murders, and 24 sexual assault incidents have been reported. The Sivagangai district topped in the SC/ST cases that remain pending in the court. In this district, 395 cases are pending in the court whereas in Madurai district which is the second position and 358 cases are pending in the court, Villupuram district is third, and 343 cases are pending, next is Tirunelveli district 277 cases pending and Virdhunagar 205 cases are pending.

In Tamil Nadu as such 3568 atrocities, and cases remain pending in the court. Out of these reported cases, only 187 cases (5.2%) were given punishment. The 577 cases (16%) were dismissed. In the Dalit murder cases, 3.9% of them were given punishment and 22.5% of the cases were dismissed. In the cases of rape, only 5.8 % were given punishment and 11.6% of the cases were dismissed. In the atrocity case of caste abuse, only 4.7% of them were given punishment.

There were 2092 atrocity cases investigation pending with police in Tami Nadu. Among these Pending police investigations, Virdhunagar stands first with 160 cases, second is Madurai district with 142 cases, third is Tanjore district with 130 cases, fourth is Villupuram district with 111 cases, the fifth is Tirunelveli district with 101 cases reported. Out 2092 cases charge sheet was filed in 1020 atrocity cases. In the Tamil Nadu though caste related atrocity cases were registered are very less and only 5 % of them were given punishment. In the atrocity cases particularly 95% of the accused were acquitted who committed in Dalit murder (3.9%) and rape (5.8%). The varied groups place comments that even after 22 years of the enactment of SC/ST prevention of atrocity act 1989 (11.11.1989) the act is not implemented effectively. But the Central and State government had not initiated any effort to eradicate the atrocity particularly in implementing the SC/ST atrocity act effectively.
The government machineries are acting against the affected Dalit at different stages like preparing complaint in the police station filing FIR, DSP conducting enquiry and public prosecutor in conducting case.

State-level vigilance and monitoring committee which was formulated under SC/ST act was convene as a first meeting on 03.11.2010 during D.M.K region. In order to monitor the implementation of SC/ST act a State-level vigilance and monitoring committee as been appointed. According to the act the team should be headed by Chief Minister.
The newly sworn A.D.M.K should take all the steps for effective functioning of State-level vigilance and monitoring committee. Some caste Hindu leaders, Medias, political parties and some officials blames that SC/ST Act is used wrongly. If these persons have rationality skills they should consider above points and realize that this Act is not properly implemented. During 2009-2010 Tamil Nadu Government had allotted Rs.49.80 lakhs for Untouchability eradication protest. Nowadays we can just build 5 houses with this amount. How could we bring awareness among people? Hence this scheme is for namesake. In Assembly there are 44 Dalit and tribal MLA’s in Tamil Nadu.Though 20% are Dalit only two are ministers. But 8 are from Gounder community. How can we say this, is this discrimination or whether this depends according to the wish of ruling party. At the same time these Dalit MLA’s had not taken any effective steps or never raised voice for eradication of untouchability.

It is worry able one that these MLA’s functions only under their party’s control. The Dalit political parties are not able to go to the assembly and not able to take up important Dalit issues in the political arena and live like pompous dream kings in the midst of political main streams. It is doubtful that whether any Dalit IAS and IPS officials has raised voices on Paramakudi police firing issue. At the same time the only hope is Dalit youths, and Dalit organizations who could implement effective schemes to eradicate untouchability. Government leaders should take responsibility that this organization should be protected from interruption and threats.

Recommendations
• The Government should send a circular to all the police officials that case has to be registered under SC/ST (POA) act under 1989 against the police officials who deny registering a case under atrocity act.
• Supreme Court had passed an order in the month of April 2011 to take proper action against the District Collector and Superintendent of Police who failed to prevent the atrocity. A copy of this order should be sent to all District Collector and Superintendent of police.
• The Government should give a special attention to take severe action against caste Hindus to intervene in registering SC/ST cases.
• The Government should take a speedy action in order to give government job opportunities for the affected families of Dalit murder and rape cases.
• When the accused submit petition before the High court for surrendering for anticipatory bail petitions the government should not allow the accused according the SC/ST act rule.
• The Tamil Nadu Government has taken necessary measures on Prevention of Atrocity Act (Amendment Act).This action would certainly involve in eradicating untouchability. The state Government should take necessary action for the implementation of amendment act along with Atrocity Act.
• Tamil Nadu Government should take necessary action to frame a team with Professors, advocates, social activists at district level. And they should conduct a detailed research on untouchability at villages. This research should be done on effective way on the basis of social justice and report should be submitted.
• Untouchability village should be identified, and awareness protest has to be done there. Social dialoging should be done with people from all communities. A special scheme should be framed regarding this.
• Government should advertise a warning notification against the people who involve in the untouchability based atrocities in news papers. And the warning notice should be pasted on the walls at each village.
• State Government along with central Government should frame a special five year scheme for eradication of untouchability, and massive awareness protest should be done.
• State Government should take severe action against police department which had not implemented SC/ST Act effectively.
• A special police station should be framed at each Taluk and should function under official with rank of DSP for investigating SC/ST cases alone. And such officials should be trained to investigate under international human rights standard and on technological basis.
• A special court should be framed at district level to investigate atrocity cases. State Government should pass order that Goondas act would be filed against person who intervene and interrupt in investigation of atrocity cases.
• A subject should be included at education system regarding eradication of untouchability and equality, and it should be followed from primary education till college.
• And Government should bring amendment Act on SC/ST Act so that minimum relief amount of Rs.10 lakhs for Dalit murder and for sexual assault, and Rs.2 lakhs should be given to affected Dalit victims.
• State Government should take necessary action to frame Untouchability monitoring committee with social activists at each Taluk.
• Finance allotted for Adi dravidar welfare department is not adequate one. Hence Government should take action and raise the finance three times higher than now.