INDIA: Police inaction regarding assault of Dalit woman 

Dear Friends,

The Asian Human Rights Commission(AHRC) has received information from People’s Watch-Tamil Nadu of a caste-based assault on a Dalit woman in Vengamedu village, Perunthrai Taluk, Erode District, Tamil Nadu, India, on 31 March 2005. The only reason for the assault and sexual harassment of Ms. Pappathi was that she used the pathway which she is forbidden to use. The victim was severely assaulted and sexually harassed by a upper caste man, Ramasamay Goundar, in front of people passing by. He pulled off Ms. Pappathi’s sari, tore her blouse and beat her left breast region, right shoulder, and upper right arm twenty to thirty times.  He continued to verbally abuse her, using derogatory caste words, in front of people passing by.  Ms. Pappathi was extremely humiliated and experienced much physical pain.

More seriously, when the victim and her husband tried to lodge a complaint about the incident, Sub-Inspector Sidhuraj of Chennimalai Police Station refused to register the complaint and has since did not take any action in her case.  As a result, Ramasamy Goundar has not been arrested even four months after the incident.

We request your immediate action in this matter in bringing the perpetrator to justice and providing adequate compensation to Ms. Pappathi for her pain and humiliation.

Urgent Appeals Desk
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Ms. Pappathi, 40 years old, married with three children, wife of Mr. Sekar, belongs to Chakkiliyar (scheduled caste) community, agricultural laborer.
Address of the victim: Arundhathiyar Colony, Vengamedu village, Thiruppalayam Post, Perunthrai Taluk, Erode District, Tamil Nadu, India
Witnesses:
1) Muthu, son of Pazhanichamy, proprietor of a radio shop in Oothukuli
2) Selvam, tailor in Karapadi village
Alleged perpetrators:
1) Ramasamay Goundar, goat-dealer in Vengamedu village, belongs to Goundar (upper caste) community
2) Sub Inspector Sidhuraj of the Chennimalai Police Station
Case status: Assault and sexual harassment of a Dalit woman based on caste discrimination; Police inaction

Case details:

Currently the Vengamedu village in Punjai Palathozhuvu Panchayat [local council] is dominated by a group of elite Goundars (upper caste), even though it is predominantly occupied by Dalits (scheduled caste). The Goundars possess sole control of the land in the village, forcing the Dalits into a position of servitude and labor.

On 31 March 2005 at about 1:00am, Ms. Pappathi, of the scheduled caste Chakkiliyar, and her friend Ms. Aruvu were returning from a nearby forest where they were picking dry twigs for firewood. When they crossed the forest area and came to the road from Olappalayam to Rasapalayam, they met Ramasamy Goundar, goat-dealer in Vengamedu village. He began to verbally abuse Ms. Pappathi and knocked the bundle of twigs off her head.  He told them that they were forbidden from using that path. When Ms. Pappathi apologized, he continued to verbally abuse her in a sexual manner and threatened to burn her alive.

Ramasamy also pulled off Ms. Pappathi’s sari, tearing her blouse and began to beat her left breast, right shoulder, and upper right arm twenty to thirty times.  She fell to the ground and when she pleaded for him to stop, he began to kick her back.  He made derogatory caste-related statements and pulled at her sari.  In addition to the physical pain, Ms. Pappathi was disgraced and humiliated because this was happening in front of people passing by.

Two witnesses, Mr. Muthu, the proprietor of a radio shop in Oothukuli and Mr. Selvam, a tailor from Karapadi village, saw everything that took place but said they were unable to help Ms. Pappathi so they left.  When Ms. Pappathi asked Ramasamy why he was assaulting this, he threatened, “Are you talking back to me, you Chakkiliya Munda (Chakkiliya Prostitute Widow)?  If I wish, I can rape both of you and parade you naked on the road.”  Ms. Aruvu pleaded with him to leave her friend alone but he refused. Only at 3:00pm, were they able to leave the place.

The next day (April 1), Ms. Pappathi and her husband went to the Chennimalai Police Station to lodge a complaint against Ramasamy. However, Sub-Inspector (SI) Sidhuraj refused to accept the complaint and asked them to come to a compromise in the matter. When they refused and insisted that he register the complaint, SI Sidhuraj still did not register the case but only issued a receipt for the complaint to the couple.

On 2 April 2005, Ms. Pappathi and her husband reported the incident to the Superintendent of Police of Erode District. The Superintendent phoned the Chennimalai police and ordered them to register the case immediately.  When Ms. Pappathi’s husband went back to the Chennimalai Police Station later that day, the SI told him that he would have to make a new complaint with the new date (April 2), as he did not have a complaint logged for April 1. The case was finally registered as Crime No. 111/2005 under Sec. 294 (b) and 354 Indian Penal Code (IPC) and Section 3(1)(x) of Scheduled Caste and Scheduled Tribes ((Prevention of Atrocities) Act 1989. However, up to now, no serious action has been taken to investigate the case nor has Ramasamy Goundar been arrested.  In the meantime, Ms. Pappathi received one-week continuous treatment by a homoeopathy doctor for her injuries and mental shocks.

This case is yet another instance of the violence and assault against scheduled castes or minorities throughout India that occurs with great frequency. The AHRC urges the local authorities to investigate this case and arrest the perpetrator immediately. SI Sidhuraj should be also prosecuted for his deliberate negligence in this matter under Section 4 of SC/ST Act 1989.

In addition, the police simply charged Ramasamy of intentional insults or intimidation under Section 3(1)(x) of SC/ST Act 1989. However, he should also be charged under Section 3(1)(xi) for assault or using force and 3(1)(xiv) for denying or obstructing Dalits’ right of passage to a place of public resort. The AHRC also urges that the charges against Ramasamy must be strictly drawn under 3(2)(v) which states heavy punishments for the crimes against Dalits and minorities.

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