UA-30-2001 – Dalit beaten to death for praying at village temple
INDIA: Caste based discrimination – a distinct form of racial discrimination on the basis of work and descent; right to life & religious freedom; cruel, inhuman and degrading treatment
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The latest UPDATE for this appeal is available at:
http://www.ahrchk.net/ua/mainfile.php/2001/156/
The latest RESPONSE for this appeal is available at:
http://www.ahrchk.net/ua/mainfile.php/2001/178/
Following is a report of the eminent fact-finding team who investigated one of the atrocities committed against a Dalit (meaning ‘oppressed’ – the name now used for those foremerly called ‘untouchable out-castes’ in India) in the State of Rajasthan in June. The incident is of a 65-year old Dalit named Ghasi Regar, who was beaten to death with an iron bar by an upper caste man for daring to pray at the temple of the village deity.
The Probe-team, sent by the highly respected National Campaign on Dalit Human Rights, met with the victims, upper caste people and police. Please read and act as suggested below to help fight the brutal caste system in South Asia.
REPORT OF THE FACT-FINDING TEAM WHO VISITED VILLAGE BHADKIA (RAJASTHAN) ON 29-6-2001 WHERE ONE DALIT WAS MURDERED WHEN HE ATTEMPTED TEMPLE ENTRY.
Probe Team for National Campaign on Dalit Human Rights:
P.L MIMROTH, Advocate (New Delhi)
N.D. SINDHI, Trade Unionist (New Delhi)
ASHA RAM GAUTAM, Human Rights Activist (New Delhi)
SR GEETA CAROL, Advocate, SASVIKA (Ajmer, Rajasthan)
In Bhadkia village, Bhilwara district, Rajasthan, the Probe-Team observed the still prevailing archetypal evils of the caste system in a vulgar form, like separate wells and bar on entry of Dalits not only into temples but also in the premises of temples or religious places like Dhoonis and segregated houses and secluded colonies.
On 2nd June 2001, a 65 years old Scheduled Caste farm labourer Shri Ghasi Ram Regar dared to pay obeisance at the Dhooni of village goddess Mata Devra built by upper caste Rajputs & Gujjars in the village.
Suffering from typhoid for the past two-three weeks after his recovery from illness, the poor drained Ghasi Regar had walked across to the village goddess Dhooni Mata Devra and bent his head in prayer. At that point of time Smt Radha wife of NANA the elder son of the deceased Ghasi Ram was eye-witness as she accompanied Ghasi. She stated that while Ghasi Regar was bending head in pray, then one 40 years old Narain Gujjar [the ‘Gujjar’ caste is an upper caste group in this region] who owned 60 Bighas of land, a tractor and two houses in the village shouted on Ghasi from his house opposite the temple premises objecting to the effect that Ghasi Regar being a Dalit should not pray there.
After shouting, Narain Gujjar rushed towards Ghasi Regar and started beating him mercilessly with iron rod and that too in the presence of many upper caste people including one Shambhoo Singh Rajput age 75 years. Ghasi cried for help but no body came forward to save him from the beatings of Narain Gujjar. Ultimately Ghasi Regar was seriously injured and brought to the hospital by his sons only who later on died in Kotdi Hospital on the same day.
After the brutal beatings, Narain Gujjar returned to his house where he lay down and started swigging liquor. Narain Gujjar was later on arrested by the police (Kotdi station) and FIR was lodged against him under section 323, 307 of IPC and Sec 3(i) (x) of the S/C & S/T (Prevention of Atrocities) Act 1989. It is a matter of great surprise that a Dalit has been murdered but not a single official from Civil administration has visited Ghasi Regars family till the Probe-Team arrived in the village, the question of granting legally entitled compensation under the S/C & S/T (Prevention of Atrocities) Rules 1995 does not arise. No civil official has ever given a word of sympathy or courage to the victims. It is however, revealed that local Tehsildar & DIG Ajmer Rang & some journalist from Delhi came to the village.
Most of the upper caste people in the village remained silent, or denied the existence discrimination of Dalits. However, one teacher of the upper caste in the village, candidly admitted and stated that Dalits are being discriminated by the upper caste in this village, and a Panchayat (Local Council) official confirmed the growing incidents of atrocities on Dalits in the area.
The poor Dalit residents of the village especially women folk had complained to the Probe-Team that Narain Gujjar conveying threatening messages from the jail that as soon as he is freed he would kill many more Dalits especially the other family members of the Ghasi Regar. This apprehension of the poor Dalits was also brought in the notice of the police officials by the Probe-Team with a request to ensure safety to the victims after release of Narain Gujjar from Jail.
The police officials of Kotdi Police Station also revealed that the same Narain Gujjar had allegedly committed a heinous crime of rape to a poor backward woman resident of Bisania Village on 25/8/99 and FIR No 200/99 under Section 366, 376 & 392 of IPC was lodged against him in P.S Kotdi. This rape case too is still pending in the Court of Law.
Narain Gujjar (FIR No 106/2001) is now under judicial custody, but as of the end of June, the case had not been submitted in the court of law, the informer had not been given a copy of the FIR, and no action had been taken by the police for providing compensation to the family of the victim. Also, the accused murderer seems set to be released on bail.
SITUATION IN BHADKIYAN VILLAGE
The village Bhadkiyan is situated in a very interior place under Kotdi Tehsil in Bhilwara. Distt of Rajasthan. This is a about 45 Kilometers from Bhilwara. This is a small village consisting of about 70 families only out of which about 22 families are from Gujjars, about 10 families from Rajputs, 5 Jats, 18 Naths, 12 Regars & 5 Khatiks etc.
The worst situation of the village is that all the upper caste families namely the Gujjars, Rajputs, Jats & Naths are landlords whereas Dalits i.e Regars & Khatik are either landless or having very marginal land.
The pecking order in Bhadkia village is well mapped out and rigid. The Ragar community live in 12 muddy huts in a village. The Regars & Khatiks are not allowed to enter the ornate marble floored Chatrabhuja temple which towers alongside Ram Dev ji Temple a mud floored open shrine decorated with two stone slabs and cloth flag. Dalits of the village are even not allowed to offer prayers at the village goddess Dhooni Mata Devva where the Rajputs and Gujjars conduct ceremonies twice a month.
The poor Ghasi Regar only tried to bow down and rub his nose on the floor from a distance of more than 30 feet from the main site of village goddess Dhooni Mata Devra and this action of deceased was not tolerated by the upper caste people of the village and it is told by some villagers that some upper-people instigated the Narain Gujjar to teach a lesson to deceased Ghasi Regar who dared to pollute the village goddess premises.
The Dalits also complained that the local upper caste Sarpanch Shri Hari Lal Sharma being a Brahamin never treats them well and even the Panchayat members belonging to Dalits Community are discriminated in the Panchayat affairs in all spheres including decision making process. This fact was specifically confirmed by one Shri Rupa Khatik a local panchayat member.
Mr. Noor Mohd Asst Sub Inspector of P.S Kotdi has further told that incident such as Ghasis murder are common in the area. The Complaints of murders under the S/C & S/T (Prevention of Atrocities) Act 1989 has shot up recently under this Act, despite the fact that anticipatory bail is not granted and it is a non-bailable offence to be investigated only by a Deputy Supdt of Police rank official.
LEGAL STANDARDS BREACHED
– Right to life and personal liberty (Art. 21 Indian Costitution)
– Offence of murder against a ‘Scheduled Caste’ person carries penalty of life imprisonment (Sec 3 (2) (v) of the S/C S/T (Prevention of Atrocities Act) 1989)
– It is an offence for a non Scheduled caste public servant to willfully neglect duties required to be performed under Sec. 4 of the S/C & S/T (Prevention of Atrocities) Act 1989. The District, Sub-Divisional or any other Executive Magistrate should have made arrangement for compensation and rehabilitation measures as per rule 12(4) of the S/C & S/T rules but in this case no such action has been initiated so far.
OTHER CASES OF VIOLENCE AGAINST DALITS DURING THE SAME WEEK
[Provided by Society of Depressed People for Social Justice, Delhi]
This is just one of many atrocities being committed daily against Dalits throughout India, often with complete impunity. We have some information about several other crimes committed against Dalits during the same week as the murder described above. Here are just a few incidents recorded from two states, Uttar Pradesh and Haryana, between 10th June to 17th June 2001:
UTTAR PRADESH
– In Jehrana Village near Aligarh (U.P) on 13th June, Thakurs (Upper Caste) have beaten to death 5 Dalits including a one and a half year old child.
– On 11th June the same Thakur Community people in Hussainganj, Near Allahabad again killed five innocent Dalits including two women two girls aged six & 13 which was sequel to an altercation between children belonging to Dalits & Thakurs families two month ago.
– In Patraha village of Partapgarh Distt in U.P a 16 years old Dalit girl called Manorama died of burn injuries after some influential persons allegedly set poured kerosene on her and set her ablaze after they attempted but failed to rape her on 15th June. She suffered 100 per cent burns and could not survive for more than a few hours at the Govt Hospital.
[Though FIRs have been lodged in all the cases but the main accused have not been arrested by the police even after 3-4 days and some of them are still absconding.]
But the most tragic atrocities took place in Hathin Village, 20km from Allahabad, U.P. The violence was apparently in response to a favourable court decision handed down to a Dalit who had been dispossessed of his land by an upper caste villager, and was awarded the return of half an acre on 13th June.
– On 14th June a police party aided by 50 strong Brahmin population brutalised the entire village of Dalits. It is alleged that Ms. Tarla Joshi, the wife of powerful Human Resource Development Minister of Union Govt Shri Murli Manhohar Joshi, bailed out the Brahmin culprits.
– Among other instances brutality and inhuman behaviour, these Brahmin miscreants stripped naked an eight-months pregnant Dalit women and paraded her in front of the whole village. A witness testifies that the police stood by and laughed.
– Furthermore the miscreants made a Dalit youth pick up his own excreta from the grounds and smear it on the door of his house. This was followed by the Brahmins beating up almost every Dalit male in the village with the help of police.
HARYANA STATES
– On 20th May 2001 one Hukam Singh a Dalit (Balmiki) landless labouer resident of village Pangala in Karnal Distt, Haryana was crushed to death by tractor by one Jagdish a rich man of his Village. The only fault of Hukam Singh was that he was actively involved in organizing farm labour to eradicate bonded labouer system prevelent in the area. Local police patronized the killer and did not even lodge the correct FIR and immediately bailed out the accused.
– In the same area in Village Malsari Khera, 25km from Distt HQ Jind, a Dalit boy Rajesh age 13 years was also killed and two Dalit children Sonu & Vicky, were seriously injured by landlord for entering in the field of the landlord. Police favoured the landlord and attempted to hush up this murder case.
BACKGROUND
The Indian Constitution, along with specific legislation, affirmitive action policies and special commissions, are very well written. But there has been hardly any implementation of these mechanisms, as those in power are mostly from the upper castes, or show deference towards upper castes. Unless outside attention is drawn to the discrimination and atrocities being committed against Dalits, the caste system will never be defeated. For that reason it is essential that the issue of caste discrimination is addressed head-on at the upcoming UN World Conference Against Racism in Durban, South Africa. The Indian government has been opposing the inclusion of this issue strongly. You can see more about this issue at our website http://wcar.alrc.net
SUGGESTED ACTION
Please write to the following persons, urging them to ensure the Atrocities Laws are applied in this case, so that caste murders such as these are not allowed to carry out atrocities with impunity.
Specific demands in this case (use this in your letter):-
1. The Government and prosecution agencies should also take immediate action to oppose the regular bail or the interim bail being granted to the accused in this incident and ensure safety and security measures to the eyewitness and family members of the deceased Ghasi Regar in this case.
2. Adequate & immediate compensation and relief should be provided to the family members of the victim as per provisions of the Rule 12 of SC/ST (Prevention of atrocities) Rule 1995.
3. The government should initiate stern legal action against public servants who willfully neglected his duties in this case under the provisions of Sec 4 of the SC/ST (Prevention of atrocities) Act 1995.
4. The government agencies should also take concrete and effective steps for the sustainable economic development of Dalits in the area in this regard, governmental efforts should be vigorously enhanced to enforce the welfare laws to the unorganized landless agriculture workers in the area.
5. This and many other atrocities occurring daily in India demonstrate the need for the caste issue to be discussed and addressed through the upcoming World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance.
SEND LETTERS TO
1. Shri Ashok Gehlot
Chief Minister of Rajasthan
8, Civil Lines,
Jaipur, Rajasthan, INDIA
Ph: 91-0141-380351
Fax: 91-0141-381687
2. Shri Kishan Motwani
State Minister for Devasthan (Temple worship)
c/- Rajasthan Legislative Assembly Secretariat
E-mail : rajassem@raj.nic.in
3. PRESIDENT K.R. NARAYAN
Office of the President
Rashtrapati Bhavan
New Delhi 110 001
India
Fax: 91-11-301 7290
91 (011) 3014570
Email: pressecy@alpha.nic.in
4. Mr. Justice J.S. Verma
Chairperson
National Human Rights Commission
Sardar Patel Bhavan,
Sansad Marg,
New Delhi-110 001
Fax: 91-11-3340016, 3366537
E-mail: ,
5. Shri Dilip Singh Bhuria
Chairperson
National Commission for Scheduled Castes and Scheduled Tribes
Floor 5, Lok Nayak Bhavan,
Khan Market,
New Delhi 110003.
Ph: 91-11-4623959, 678632
Fax: 91-11-4625378
