Dear friends,
The Asian Human Rights Commission (AHRC) has received information from Baswadi Meghwal Samaj and Anusuchit Jati and Samasat Jan Sangharsh Samiti, Nagaur, Rajasthan, about a brutal attack on a Dalit family over a land dispute. The alleged perpetrator set the family home on fire; this resulted in the death of an elderly woman and left other family members with burns of varying degrees. Nearly 50 days after the attack, the family is no closer to getting justice.
CASE NARRATIVE:
According to information received by the AHRC, in Baswadi Village of Nagaur, located in the Rajasthan State of India, three Dalits were set on fire allegedly by members of a middle-caste family on the night of 18 February 2015. The attack took place when Babulal Meghwal (50), son of Pemaram Meghawal (50), was sleeping in his thatched hut with his mother Jadao Devi (65) and son Harendra Meghwal. Though Babulal succeeded in dragging his son out of the inferno, his mother Jadao Devi suffered serious burns and died the following day, 19 February 2015.
The alleged accused, members of Shaktaram Dewasi’s family, attacked the family due to a dispute over 6 bighas (roughly 2 acres) of land that is in Babulal’s possession. Sagataram has claimed this land belongs to him and that he has land deeds to document the same. However, Babulal’s family has been cultivating this land, along with 14 other bighas of un-irrigated land, for over three generations. Babulal believed he would one day get the patta (land deed) for all the land under the provisions of the Rajasthan Land Revenue (Allotment for Agricultural Purposes) Rules of 1970, which stipulates that surplus public land can be transferred to landless farmers or those who are cultivating it.
Shaktaram Dewasi, who belongs to the Raika caste, which is classified as Other Backward Classes by the Rajasthan government, however, asked Babulal to vacate the 6 bighas of land, claiming that the government had transferred this land to him.
Surprised at this development, Babulal decided to fight a legal battle for the land that has been in his possession since 1974. This long-standing and continuous possession is documented in a Revenue Department letter issued on 9 April 2015. The letter also supports Babulal’s claims of possessing receipts for fines paid by him to the Revenue Department – the government treats all those people living on its lands as encroachers and fines them.
Ironically, it is these very fines that often become the proof of residence/possession of the land in the long run. Large-scale corruption mars the whole process of legalising / allotting such land however and often the title deeds for such lands get usurped by the higher castes with the tiller kept in the dark.
Sensing this is what happened, Babulal Meghwal borrowed money from friends and relatives and filed a legal case for getting the title deed for the land back in his name. This legal recourse allegedly infuriated Shaktaram Dewasi and led to the brutal attack.
Following the attack in which he lost his mother, Babulal filed a First Information Report (FIR) in the Sadar Police Station, Nagaur against 5 accused, namely Annaram, Chhailaram, Aaidanaram (all sons of one Shaktaram Dewasi), Dungarram (son of Annaram Dewasi), and Mehram (son of Shivkaran Dewasi). The FIR number 38/15, filed on 19 February was registered under Indian Penal Code (IPC) Sections 447, 307, 326, 147, 149, 302. The accused were also booked under Sections of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Civil society organizations allege that the investigation of the Circle Officer, Nagaur, supported the accusations prima facie, but the influence of the accused managed to get the case transferred to the Circle Officer (Rural), Nagaur. When that investigation also supported the accusations, the case was once again transferred, this time straight to the Inspector General’s Office in Ajmer, under whose jurisdiction Nagaur Districts rests. Media reports claim that the Superintendent of Police, Nagaur District, does not have a clue how the case was transferred so many times at such an early state.
Being convinced that they are unlikely to get justice, the aggrieved family have resorted to a “sit in” in front of the District Collector’s office on 27 February, 2015. Even after 48 days of the sit in, they have not seen any progress in this case of murder of their family member.
ADDITIONAL INFORMATION:
Rajasthan has the dubious distinction of being one of the worst states of India when it comes to atrocities committed against Dalits. With 6,475 cases in 2013, the state ranks third in the data released by the National Crimes Record Bureau (NCRB).
SUGGESTED ACTION:
Please write to the authorities listed below, using the sample letter to express your concern in this case. The AHRC is writing a separate letter to the UN Special Rapporteur on contemporary forms of racism requesting an intervention in this case.
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SAMPLE LETTER
Dear …………….,
INDIA: Dalit woman burned to death; accused roams free
Name of the victims:
1. Mrs. Jadao Devi (65 years, killed);
2. Mr. Babulal Meghwal (killed); and
3. Mr. Harendra Meghwal (injured)
Alleged Perpetrators:
1. Mr. Annaram
2. Mr. Chhailaram
3. Mr. Aaidanaram
All three are sons of Shaktaram;
4. Mr. Dungarram, son of Mr. Annaram; and
5. Mr. Mehram, son of Mr. Shivkaran
All are residents of Baswadi village, Nagaur, Rajasthan
Date of incident: 18-19 February 2015
Place of incident: Village Baswadi, Nagaur, Rajasthan
I am writing to express concern, and further request your prompt intervention in the case of some people setting a Dalit family on fire resulting in death of an old woman and grievous injuries to others.
According to information received by the AHRC, in Baswadi Village of Nagaur, located in the Rajasthan State of India, three Dalits were set on fire allegedly by members of a middle-caste family on the night of 18 February 2015. The attack took place when Babulal Meghwal (50), son of Pemaram Meghawal (50), was sleeping in his thatched hut with his mother Jadao Devi (65) and son Harendra Meghwal. Though Babulal succeeded in dragging his son out of the inferno, his mother Jadao Devi suffered serious burns and died the following day, 19 February 2015.
The alleged accused, members of Shaktaram Dewasi’s family, attacked the family due to a dispute over 6 bighas (roughly 2 acres) of land that is in Babulal’s possession. Sagataram has claimed this land belongs to him and that he has land deeds to document the same. However, Babulal’s family has been cultivating this land, along with 14 other bighas of un-irrigated land, for over three generations. Babulal believed he would one day get the patta (land deed) for all the land under the provisions of the Rajasthan Land Revenue (Allotment for Agricultural Purposes) Rules of 1970, which stipulates that surplus public land can be transferred to landless farmers or those who are cultivating it.
Shaktaram Dewasi, who belongs to the Raika caste, which is classified as Other Backward Classes by the Rajasthan government, however, asked Babulal to vacate the 6 bighas of land, claiming that the government had transferred this land to him.
Surprised at this development, Babulal decided to fight a legal battle for the land that has been in his possession since 1974. This long-standing and continuous possession is documented in a Revenue Department letter issued on 9 April 2015. The letter also supports Babulal’s claims of possessing receipts for fines paid by him to the Revenue Department – the government treats all those people living on its lands as encroachers and fines them.
Ironically, it is these very fines that often become the proof of residence/possession of the land in the long run. Large-scale corruption mars the whole process of legalising / allotting such land however and often the title deeds for such lands get usurped by the higher castes with the tiller kept in the dark.
Sensing this is what happened, Babulal Meghwal borrowed money from friends and relatives and filed a legal case for getting the title deed for the land back in his name. This legal recourse allegedly infuriated Shaktaram Dewasi and led to the brutal attack.
Following the attack in which he lost his mother, Babulal filed a First Information Report (FIR) in the Sadar Police Station, Nagaur against 5 accused, namely Annaram, Chhailaram, Aaidanaram (all sons of one Shaktaram Dewasi), Dungarram (son of Annaram Dewasi), and Mehram (son of Shivkaran Dewasi). The FIR number 38/15, filed on 19 February was registered under Indian Penal Code (IPC) Sections 447, 307, 326, 147, 149, 302. The accused were also booked under Sections of the Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Civil society organizations allege that the investigation of the Circle Officer, Nagaur, supported the accusations prima facie, but the influence of the accused managed to get the case transferred to the Circle Officer (Rural), Nagaur. When that investigation also supported the accusations, the case was once again transferred, this time straight to the Inspector General’s Office in Ajmer, under whose jurisdiction Nagaur Districts rests. Media reports claim that the Superintendent of Police, Nagaur District, does not have a clue how the case was transferred so many times at such an early state.
Being convinced that they are unlikely to get justice, the aggrieved family have resorted to a “sit in” in front of the District Collector’s office on 27 February, 2015. Even after 48 days of the sit in, they have not seen any progress in this case of murder of their family member.
I therefore request you to ensure that:
1. The case is thoroughly investigated at the earliest and a charge sheet is filed;
2. The reasons behind repeated transfers of this case involving a suspected murder are investigated and those found guilty are prosecuted;
3. The named accused are arrested and interrogated;
4. The victims and witnesses are protected;
5. The injured victims are given all medical assistance free of cost;
6. Victims are immediately provided with the compensation under the provisions of SC and ST (Prevention of Atrocity) Act, 1989.
Yours Sincerely,
——————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Raj Nath Singh
Union Home Minister
Ministry of Home Affairs, North Block
Central Secretariat, New Delhi – 110001
INDIA
Fax: +91 11 23092979
Email: jscpg-mha@nic.in
2. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Fax: +91 11 2334 0016
E-mail: chairnhrc@nic.in
3. Dr. P. L. Punia
Chairperson
National Commission for Scheduled Castes
Floor 5, Lok Nayak Bhavan
Khan Market
New Delhi-110003
INDIA
Fax: 91-11-24632298
Email: chairman-ncsc@nic.in
4. Smt Vasundhara Raje
Chief Minister
Chief Minister’s Office
Secretariat
Jaipur 302005
Rajasthan
INDIA
FAX: +91 141 2227687
Email:cmraj@rajasthan.gov.in
5. Sh. C. S. Rajan
Chief Secretary
Secretariat
Jaipur-302005
Rajasthan
INDIA
Fax: +91 141 2227114
E-mail: cs-rajasthan@nic.in
6. Shri Rajan Vishal
Collector & District Magistrate
Nagaur
Rajasthan
INDIA
Fax: +91 1582-240830
E-mail: dm-nag-rj@nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
