INDIA: Absolute negligence of police following the killing of a Dalit by Brahman men in Chauri Chaura, Gorakhpur, Uttar Pradesh 

Dear friends,

It has come to the attention of the Asian Human Rights Commission (AHRC) that a young man was killed and four other persons were wounded by four Brahmins on 16 August 2004 in Chauri Chaura, Gorakhpur, Uttar Pradesh, simply because they possessed the land which adjoins that of the Brahmins. All the victims belong to the Dalit community in the village. Despite the four culprits having been identified, the Chauri Chaura police have not attempted to arrest them. As a result, the four are walking outside and are challenging their victims. It is also reported that the police did not file the case before the court. There is a strong allegation that the police are in collaboration with the culprits.

This is yet another case of human rights abuses against Dalits in Uttar Pradesh state, India. The AHRC reported in February 2005 another similar case of illegal eviction of a Dalit family from their land by non-Dalit villagers in Faizabad district, Uttar Pradesh. In this case, the Tarun police likewise did nothing in pursuing this incident and refused to file the case. (See further: UA-29-2005) The AHRC also reported on the imminent starvation among Dalits classed as Above Poverty Line by authorities in Gorakhpur district of Uttar Pradesh (HA-04-2004) and on Dalit children going blind due to starvation in Uttar Pradesh (HA-03-2004)

We call for your urgent intervention in this case to pressure the local authorities to inquire about this incident so that the perpetrators are brought to justice without delay. Disciplinary/legal action must be taken against the police officers who willfully neglected their duties in this case. Please also urge the Uttar Pradesh State Government to strictly implement SC/ST (Prevention of Atrocities) ACT 1989, which gives special protection to marginalized communities, and take genuine action to stop ongoing abuses against Dalits in the state.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victims:
Killed: Babu Lal, 30 years old, the son of Chottak
Wounded:
1. Shanti, the wife of Ramashray (elder brother of Babu Lal)
2. Sarita, the wife of Babu Lal
3. Parvati, the mother of Babu Lal
4. Bindehswari, 70 years old, the son of Daljeet Singh
Name of alleged perpetrators:
1. Janardhan Pandey, the son of Radhey Shyam Pandey
2. Nagender, the son of Radhey Shyam Pandey
3. Vijender, the son of Radhey Shyam Pandey
4. Bheem Shankar, the son of Devi Pandey
Place of the incident: Pakdi Vishambharpur village, Chauri Chaura Police Station, Gorakhpur district, Uttar-Pradesh state, India
Date of the incident: 16 August 2004 at around 5:00am
Police Station involved: Chauri Chaura Police Station

Pakdi Vishambharpur village located in Chauri Chaura, Gorakhpur district, Uttar-Pradesh state, India is a Brahmin dominated village where Dalits [Untouchables] live on the edge of the village. Under the development scheme for Dalit villages, designed by then Chief Minister Ms. Mayawati (herself a Dalit), Sarpanch [the village chief] of the village Raja Ram Yadav provided land entitlement for building the houses to two landless Dalits named Chhotak and Bindeshwari. They were given 0.014 hectare land each to build the house. This resolution in the effect was passed by the Panchayat [local administrative body] on 2 February 2003 and legal land entitlement papers were given to the two Dalits on 16 March 2003.

An area (No. 138) adjoining to the land of the two Dalit men belongs to Bhim Shankar, who firmly claimed that he would not allow Dalits to live near his land. As a result, whenever Chhotak and Bindeshwari and their families approached their land, they were forcefully chased away by the Brahmin villagers. The Brahmin villagers told the families of Chhotak and Bindeshwari that they would be abused with dire consequences if they dared try to take over the land. There was no effort to settle this matter by the local government officials.

On the morning of 16 August 2004, the wives of Chhotak’s two sons, Shanti (wife of Ramashray) and Sarita (wife of Babu Lal), were going for defecation when they were captured by the four Brahmin men, Janardhan Pandey, Nagender, Vijender and Bheem Shankar. They began to abuse the two women and when the women cried for help, their mother-in-law Parvati rushed to save them. However, the three women were mercilessly beaten by the men. Sarita was pregnant at the time.

In the meantime, Babu Lal and other male family members rushed to save the women. While the women were crying and bleeding due to their assault, the Brahmin men attempted to kill Bindeshwari, a 70-year-old man under whose name the land is entitled. Bindeshwari fell on the ground and began blooding from his nose. Babu Lal (33), Chhotak’s younger son, who were very active and the most well known face in the village, then became the next target for the assault. The Brahmins inhumanly beat him with iron rods and Babu Lal died on the spot. The Brahmins immediately fled.

After learning of Babu Lal’s death, the police went to provide protection to the Brahmin villagers fearing Dalit retaliation, rather than investigating the incident and arresting the culprits. Ten days after Babu Lal’s death, the police and other feudal forces allowed two Dalit families to take possession of the land. Babu Lal’s wife Sarita received Rs. 150,000 (about US$ 3,455) from the state government as compensation for the death of his husband. Each injured person was also provided Rs 6,000 (about US$ 138) as compensation. However, none of the culprits have yet been arrested.

According to the information received, the then Station House Officer (SHO) of the Chauri Chaura Police Station Raj Kumar Yadav did not take any action to investigate the incident. The families of the victims suspect that the police are in collaboration with the culprits. They also said that they do not know what is written in the First Information Report (FIR) of the incident as the police have not shown it to them. They allege that the police forged the FIR by stating that the Dalits had knives and stones so the Brahmin villagers assaulted them in self-defence.

Although this serious crime resulted in the loss of a man’s life, the police have not filed a case against the culprits before the court up to now. As a result, all the four culprits are walking free and are challenging the victims. Sarita and Shanta reported that the culprits openly said that they are not concerned about being arrested.

The AHRC is deeply concerned by this serious case. We urge the local authorities to charge the alleged culprits with murder and bodily injury immediately and file the FIR under the provisions of the Scheduled Caste-Scheduled Tribes (Prevention of Atrocities) ACT 1989. The culprits must be prosecuted and brought to justice without further delay.  The AHRC again urges the Government of India to strictly implement SC/ST (Prevention of Atrocities) ACT 1989, which gives special protection to marginalized communities, including in regard to land being forcibly taken away from them.

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