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Rights activists, advocates flay Hathras case judgment

April 15, 2023 | THE HINDU

April 15, 2023 08:32 pm | Updated 09:10 pm IST

A. Kathir of Evidence speaks at the event in Madurai on Saturday..

A. Kathir of Evidence speaks at the event in Madurai on Saturday.. | Photo Credit: G. MOORTHY

Human rights activists and advocates on Saturday critically analysed and condemned the SC/ST court’s judgment in the Hathras rape and murder case.

A Special Court for trial of cases under the SC/ST Act in Hathras on March 2 acquitted three of the four accused in the 2020 rape and murder of a 19-year old woman belonging to an SC community.

Speaking at a meeting organised by People’s Union for Civil Liberties (PUCL) here, Executive Director of Evidence, an NGO, A. Kathir called the verdict ‘shocking’ and a ‘judicial conspiracy’.

He said there was failure on the part of authorities at all levels. The conduct of the police officials in the case was nothing but caste discrimination. He referred to the hurried cremation of the victim’s body, which was done by the police officials without the consent of the family members. The State had failed the victim’s family.

Mr. Kathir said that every word of the judgment was written to ensure that the perpetrators escaped from the clutches of law. The trial in the case should have been transferred to some other place so that it was conducted in a fair manner. The Hathras rape and murder case did not receive as much public outcry as the 2012 Nirbhaya case, which might have been due to the fact that the incident did not take place in Delhi, the national capital.

Advocate Lakshmi Gopinathan said it was a case where the police system had completely failed. The police had even denied that the victim was raped. There were conspiracy theories. The Allahabad High Court could have continuously monitored the case.

Analysing the judgment in detail, advocate Karuppasamy Pandian said the court should not have overlooked the dying declaration of the victim. It was settled law that it was enough to convict the accused.

Office bearers of PUCL R. Murali, P. Vijaykumar, A. John Vincent and S. Thiagarajan and others were present at the discussion.

தொடரும் ஆணவக்கொலைகளை அரசு ஆதரிக்கிறதா??

28 Mar 2023 | Freedom Tamil

Will work to make Freedom of Marriage and Association Bill a reality, say legislators

26th March 2023 | THE HINDU

DMK Thousand Lights MLA Ezhilan Naganathan and Nagappattinam MLA Aloor Shanavas pledged to work together along with other allies to make the ‘Freedom of Marriage and Association, Prohibition of Crimes in the name of Honour Bill 2022’ a reality in Tamil Nadu, at a state-level consultative meeting organised by Madurai-based Human rights organisation, Evidence, in Chennai on Saturday.

Speaking at the event, Dr. Ezhilan said Chief Minister M.K. Stalin reiterated that this should be seen as social issue across the political spectrum and that the DMK, VCK and Congress should work together to make the law a reality. “Even though lawmakers pass a law, it is the bureaucracy that implements it. So, we have to represent to the important officers in bureaucracy who believe in the cause of social justice. We have to work in a synchronised manner to make the law a reality,” he said. Having worked as an activist and a lawmaker, Dr. Ezhilan said social organisations were very important in society as they were the ones to engage with and change the existing mindsets in the society. “A political party takes decisions in accordance with the mindset of the people. In an hybrid system, it is a challenge to convert ideas of social activists into concrete political policies. There is resistance for it. We can talk openly about it. At the end of the day, is about not upsetting the vote bank of the majority caste. We have to push through this legislation despite all these resistances,” he said.

DMK MLAs to work for law against honour-related crimes in TN

26th March 2023 06:01 AM | New Indian Express

CHENNAI: MLAs of DMK and its allies will work towards bringing legislation against honour-related crimes in the state. This is the opportune time to do it, said DMK MLA Ezhilan speaking at the state-level consultation on the draft bill The Freedom of Marriage and Association and Prohibition of Crimes in the Name of Honour Act 2022. The draft bill was created by the Dalit Human Rights Defender Network.

Ezhilan assured DMK MLAs will take the bill to the notice of Chief Minister MK Stalin again. Activists pointed out that while the central governments headed by the Congress, as well as BJP, promised to bring out exclusive legislation, it has not yet been done. “The number of honour killings in Tamil Nadu is alarming. Being a progressive state, Tamil Nadu must first set a precedent for the entire country by legislating a law. As per our estimate, 120-150 honour-related murders take place in the state,” said Kadhir, founder-director of the Madurai- based NGO Evidence.

Terming honour-based crimes as crimes against humanity, MLA from Viduthalai Chiruthaigal Katchi (VCK) said that opposition parties including AIADMK and BJP, who blame the DMK government at every opportunity they get, didn’t stage protests against the Vengaivayal incident in which human excrement was found in the village overhead tank used by the Dalits. “Only communist parties and VCK who are in alliance with DMK protested,” he said.

Anbil Mahesh க்கு ஏன் முக்கியத்துவம்? – evidence kathir latest interview about tn budget for sc sts

23 Mar 2023 | 4th Estate Tamil

Unbearable torment: What inter-caste couples in TN have to endure for ‘caste pride’

MARCH 22, 2023 - 17:31 | The News Minute

Inter-caste couples and activists talk about caste violence in Tamil Nadu, and the state’s failings in protecting couples from the brutal violence of their own families.

“My mother hit me with a stick and burned the soles of my feet. My father tried to kill me with an aruvamanai (a vegetable cutter).” Four years on, Keerthi* still shudders as she recounts her parents’ rage when she told them that she, a Vanniyar (classified as a Most Backward Class or MBC) woman, wanted to marry Soundar*, a Dalit man.

This was in 2019, when Keerthi’s parents allegedly inflicted severe emotional and physical abuse on her for nearly six months, as they felt their ‘caste pride’ was tarnished by her relationship with Soundar. Yet, the couple held onto hope. With immense courage, Soundar visited Keerthi’s parents and asked for permission to marry her. “Her father asked me if I watched the news. He asked me if I wanted to end up dead, lying in a pool of blood on an open road or on a railway track”, Soundar recalls.

It’s fortunate that the couple made it out alive, and are now happily married. Unlike Kannagi and Murugesan, Vimaladevi, ShankarIlavarasan, and scores of other young men and women in Tamil Nadu whose horrific caste murders Keerthi’s father had invoked to intimidate Soundar.

Violence and murders are commonplace for many inter-caste couples in Tamil Nadu, when one of the partners is from a Scheduled Caste. Between 2020 and 2022 alone, activists have recorded at least 18 incidents of caste killings in the state, although the numbers recorded by the police are much lower. Despite its history of anti-caste movements, the state has an abysmally low proportion of inter-caste marriages. Government support systems for inter-caste couples are often unhelpful or inaccessible, according to activists. The police, too, are accused of often mishandling cases of inter-caste relationships, leaving activists and NGOs labouring to support couples in distress.

Inter-caste marriages in Tamil Nadu
Victims of ‘honour’ killings: Kannagi and Murugesan (top Left), Ilavarasan and Divya (top Right),
Shankar and Kowsalya (bottom left) and Vimala Devi (bottom right)    

Keerthi and Soundar’s story

After finding out about her relationship with Soundar, Keerthi says her parents tormented her for months. She says she had to dress carefully to hide the scars of their abuse. Her mother would even track her movements at her workplace, to know if she was meeting Soundar. Her father would often show up at her office without notice, she says, travelling the 100 kilometre distance on frivolous pretexts like handing her a pen she had ‘forgotten’ at home.

 

It was traumatic to be hounded like this. But the worst was yet to come.

(This story done in collaboration with the BBC is part of the BBCShe project where we are working on journalism to serve women audiences.)

Things took an ominous turn when Soundar visited Keerthi’s family to ask for their permission to marry her. That is when he allegedly faced death threats from her father, and the couple began to fear for their lives.

As Soundar left their house disheartened, Keerthi remembers her father telling her mother to throw out the chairs on which Soundar and his father had sat. The fruits, sweets, and flowers they had brought found their way to the dustbin.

That was when Keerthi’s parents allegedly began nudging her to write ‘suicide notes.’

“They planned to eventually use the notes [once they killed her]. Keerthi felt that the only way to survive was to get married and get away,” Soundar recounts.

The many hurdles for an inter-caste marriage

In March 2019, Keerthi and Soundar registered their marriage at the sub-registrar’s office in Dindigul. Once legally wedded, they both returned to work without disclosing their marriage to anyone.

But somehow, word got out, and the consequences were harsh to say the least.

“My father beat me with an iron rod when he found out. I bled for hours,” says Keerthi, recalling her final hours in her parents’ house.

She says she was asked to write a letter saying she would never claim her rights to her parents’ properties, or make any attempts to meet them if her marriage eventually failed. Her parents forced Keerthi to leave their house with just Rs 100 in her hands. However, both Keerthi and Soundar had government jobs, and their financial independence helped them start a new life, unlike many young people in Tamil Nadu who never made out of such situations alive.

Caste violence in Tamil Nadu, home to the Self-Respect Movement

In 2006, in its landmark judgement in the case of Lata Singh versus State of UP, the Supreme Court had observed that ‘honour’ killings were “shameful acts of murder committed by brutal, feudal-minded persons who deserve harsh punishment,” and ordered stern action against anyone who harasses inter-caste couples. Seventeen years later, threats, intimidation, and brutal violence remain pervasive across the country.

In Tamil Nadu, the proportion of the population opting for inter-caste marriages is appallingly low. According to a study published in 2015, only three percent of the state’s population had married outside their caste. At the national level, the proportion was much higher at 10%, according to the report co-authored by senior academic and former director of the International Institute of Population Sciences (IIPS) K Srinivasan. With 97.04% of people in Tamil Nadu preferring same-caste marriages, the state leads the other southern states in the preference for such marriages.

This is despite Tamil Nadu’s history of Periyar’s Self-Respect Movement that encouraged inter-caste marriages as a way to eradicate caste discrimination. Self-respect marriages were made legally valid in the state through the Hindu Marriage (Tamil Nadu Amendment) Act in 1968. Today, many people in Tamil Nadu continue to have self-respect weddings while rejecting Brahminical rituals.

But none of these efforts have made inter-caste couples any less vulnerable to violence.

Read: Self-respect weddings to transgender rights: Karunanidhi, a leader of minorities

As per data collated by Evidence, an NGO that works for Dalit rights, at least 18 incidents of caste murders over inter-caste relationships were recorded between 2020 and 2022. However, not all of them make it to official records. As per the Tamil Nadu State Crime Records Bureau, between 2013 and 2021, only two cases of ‘honour’ killings have been registered in the state.

Dalit writer and activist Jeyarani says most people in Tamil Nadu are determined to practise endogamy. Even the practice of inter-familial marriages of women with their maternal uncles or cousins is intended to restrict women from marrying outside their caste, she says. According to the National Family Health Survey (NFHS – 5) 2019-21, 28% of women in Tamil Nadu reported being in consanguineous marriages (where the wife and husband are related by blood), the highest in India.

Inter-caste marriages in Tamil Nadu
Samuel Raj, General Secretary of the Tamil Nadu Untouchability Eradication Front

When people do marry outside their caste, activists say there aren’t enough support systems to ensure their safety, and accuse the police of frequently mishandling such cases. “When parents approach the police, they often settle the matter informally in the manner of ‘katta panchayats’ (kangaroo courts). The [dominant caste] women are usually sent back to their families, and many times, the women do not escape alive,” said Samuel Raj, general secretary of the Tamil Nadu Untouchability Eradication Front (TNUEF).

According to Ramesh, an advocate who helps people register inter-caste marriages, another reason that couples remain unprotected is because they often do not want to have their marriages officially recorded. After escaping their families, Ramesh says many couples merely have a wedding ceremony in a temple.

“The fallout is that when the [dominant caste] woman’s parents file a missing complaint, the police often trace the couple and send the woman back because their marriage isn’t legally valid,” Ramesh explains.

On the other hand, it is not easy to get an inter-caste marriage registered. Ramesh says that officials often ask couples to bring their parents along to ensure their consent, despite there being no such requirement under any marriage law.

The long road to justice

Armed with replies under the Right to Information Act as proof, Ramesh has been trying to convince officials that the law does not mandate parents’ consent to register a marriage, while helping couples with the taxing process.

But this is just one small step. Ramesh wanted to do more, to create a safe space for people from different castes to interact and find partners —  as people typically do within their castes. About two months ago, Ramesh set up an inter-caste matrimonial website named ‘Manidham’ (Humanity). About a hundred people have already registered on the website — a small yet significant start.

Inter-caste marriages in Tamil Nadu
Ramesh Periyar, Advocate and Founder of Manidham Materimonial 

Samuel Raj of TNUEF says that most murders over inter-caste relationships are committed by taking advantage of the lack of state protection.

In 2016, while hearing a petition related to the alleged caste murder of Vimaladevi, a Kallar (MBC) woman who had married a Dalit man named Dilip Kumar, the Madras High Court directed the state government to set up various support systems for inter-caste couples — helpline numbers, online complaint filing facilities, and district-level special cells.

Reporters from TNM and BBC Tamil tried the helpline numbers in five districts – Madurai, Salem, Nagapattinam, Thanjavur and Cuddalore – but did not receive any response.

Vimaladevi died in 2014. Nearly a decade later, the trial is still ongoing. When we reached out to Dilip Kumar, he said he is still hopeful about justice for his deceased wife.

But victims of caste murders often do not have anyone willing to seek justice.

“Usually, in murder cases, the victim’s family fights for justice. But in caste murder cases, the family members themselves are usually the killers. Forget about ensuring a conviction, there is no will to even file a complaint,” Samuel says.

In 2022, the Dalit Human Rights Defender Network, a coalition of anti-caste activists and organisations, put together a draft Bill to prohibit ‘honour’ killings. It seeks protection against victimisation in the name of honour, and also outlines the extent of punishment to perpetrators, and compensation and rehabilitation for survivors.

Read: Anti-caste coalition has drafted a Bill to end ‘honour’ killings: Here’s what it says

Keerthi was 25 years old and financially independent when she expressed her desire to marry Ramesh. Yet, her parents didn’t trust her choice.

Their caste bias was fuelled by myths and misinformation.

“In one of many brainwashing lectures, my mother told me that Dalits take a daily oath to find oppressor-caste women to pursue and marry. It was the most ridiculous thing I had heard. I wondered how a school teacher could possibly think that way,” Keerthi says.

It has been nearly four years since Keerthi left home. She is now a mother to a two-year-old, but her family members continue to ostracise her.

“My mom called me after I delivered my first baby, and has met us twice,” Keerthi says.

But her father is still upset, and never talked to her after throwing her out of the house.

“One day, he will understand me”, Keerthi hopes.

Read: ‘Will continue to fight caste’: Kowsalya starts a new journey, opens salon

 

*Names changed to protect identity  

Read the BBC Tamil version of this article here

சாதி – ஒரு புரிதல் | ‘மனித உரிமைகள் செயல்பாட்டாளர் “எவிடன்ஸ்” கதிர்

17 Mar 2023 | India Younited

Dalits attacked in Tamil Nadu for listening to songs in vehicle, seven held

MARCH 08, 2023 - 13:40 | The News Minute

The incident took place near Bhuvanagiri, when a group of people were returning from Parangipettai for a temple ritual on Maasi Maham.

A group of Dalits, who were travelling in a tractor, were stopped and attacked by a group of caste Hindu men, in Cuddalore of Tamil Nadu, on Tuesday, March 7. The incident took place near Bhuvanagiri, when a group of people were returning from Parangipettai after a temple ritual on Maasi Maham. Maasi Maham is one of the important festivals for Hindus living in Tamil Nadu.

According to police, a group of men belonging to the Vanniyar community stopped one of the tractors in which a few people were travelling and attacked them for having the volume too high. However, A Kathir, the founder-director of Evidence, the Madurai-based organisation fighting for Dalit and tribal rights, said that the attack was because of the caste of the people. “It was not that the volume was high, but who was listening to the songs in high volume,” he said.

Police arrested some of the attackers, and sent those injured to hospital in an ambulance. However, the ambulance driver Manikandan, who also belongs to the Vanniyar community, stopped the ambulance near Mela Manakkudi, following which the injured were again attacked by those from the Vanniyar community. Kathir said that the injured were taken to the hospital by those accompanying them.

Six persons, including three children and an elderly person have been admitted to the Bhuvanagiri Government Hospital. Seven persons – Suralirajan (29), Sanjay (23), Dhayanidhi (18), Kumaresan (26), Abhimani (18), Chandru (20) and Subhash (23) – have been arrested in connection with this incident. All of them, except Abhimani, are members of the political party Pattali Makkal Katchi (PMK), according to police sources.

Activist Vincent Raj Arokiasamy “Kathir” on the barriers faced by intercaste couples in India

6 Mar 2023 | Sapan News Network

Atrocities against Dalit woman panchayat president alleged in Madurai district

March 02, 2023 07:44 pm | THE HINDU

A 37-year-old Dalit panchayat president in Madurai district says she has been continuously facing humiliation by the people of a dominant caste. Of late, she has been receiving threats on her mobile phone from unknown numbers, following which she has sought protection from the State government.

Vidya, who was elected as the president of Pazhayur panchayat in Peraiyur block in Madurai district, told The Hindu on Thursday: “Every day, the level of torture and humiliation is increasing. My mental agony can’t be explained over the phone in a few lines.”

She filed a complaint in this regard with Saptur police last month, based on which the police registered a case against a few villagers. But, there was no tangible action after that. Now, she said, she was under pressure to withdraw her complaint and go for a compromise.

In her three-page complaint addressed to the Director General of Police, Chief Secretary, Chief Minister’s Special Cell and the Madurai Collector, Ms. Vidya detailed her problems, said A. Kathir, executive director, Evidence, a Madurai-based NGO working for the welfare of Dalits.

In the 2019 rural local body election, Ms. Vidya, a graduate, was elected as the president of the panchayat, which had earlier been under “general” category. Ms. Vidya took steps to lay roads, provide potable water and install streetlights. When she started constructing a community hall, she started receiving threats to stop the work.

Pazhayur panchayat comprised Karisalpatti, Kattarapatti and Pazhayur. Except in Pazhayur, Dalits were in sizable numbers in the panchayat. When she planned to organise meetings in Karisalpatti and Kattarapatti, some ward members belonging to the dominant community opposed. “Five persons, led by one Bharata Pandian, verbally abused me,” she said.

Urine, faecal matter mixed in water

An Evidence team, led by Mr. Kathir, visited the village two days ago. The villagers told the team members that some people mixed urine and faecal matter in the overhead tank water in 2021. Some ward members showed them bottles filled with sewer, saying it was the drinking water supplied to them.

When 40 streetlights were fitted in the village in 2022, they vanished overnight. A complaint was lodged, but there was no police action. Similarly, water pipelines were damaged, and the police had not acted on their complaint, Ms. Vidya said.

Recently, Ms. Vidhya said, some ward members locked her office and pasted cow dung on her name board. When she complained to the police, they obtained an undertaking from the suspects that they would not repeat the act.

The police said they had registered a case under Sections 294 (b), 427 and 506 (1) of the Indian Penal Code and Sections 3 (1) (r) and 3 (1) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, and arrested Bharata Pandian.