INDIA: Gruesome murder of Dalit activist 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the National Campaign of Dalit Human Rights, (NCDHR, a Jaipur, Rajasthan based Centre for Dalit Rights) and People’s Union for Civil Liberties (PUCL), a human rights organisation, regarding the brutal murder of Mr Mohan Lal Meghwal, a Dalit youth activist.

On 1 March 2005, at about 8:00 a.m, in the main square of Bedkalan village, Jaitaran Tehsil, Pali District, Rajasthan, Mohan was killed by a feudal lord,Thakur Shivdan Singh Rathore, also an ex MLA(Member of Legislative Assembly) along with his son Tikam Singh and younger brother Diler Singh. It is alleged that the perpetrators first inflicted 19 deep knife injuries and then ran a tractor (heavy vehicle) over him to kill him. Though this happened in broad daylight in the presence of so many people, no one came forward to save Mohan, mainly because of their fear of the perpetrators.

The main reason for his killing as unearthed by the fact finding team was that Mohan who was active in his dissent over the atrocities committed on the lower caste Dalits, had decided to stand for the Panchayat elections against the wishes of Shivdan Singh who was seen to have been controlling the village Panchayat over the past few decades.

Though the police were initially reluctant to file an FIR, under the influence of Shivdan Singh and his accomplices, local Dalit leaders mobilised supporters and staged a protest ultimately forcing the police to register FIR no 36 under Section 302 IPC (murder), arrest the three offenders and conduct a post-mortem by a team of doctors.

However, there has been mass support by the Rajput community to which Shivdan Singh and the other two perpetrators belong. Since the Dalits are up in arms against them, the police have provided the perpetrator’s families with security, totally unconcerned about the victim’s family who are frequently being threatened by the Rajputs to not appear in the court against the perpetrators. The perpetrators have been released on bail by the Jodhpur High Court on flimsy grounds of the death of Shivdan Singh’s mother and now pose a great threat to the victim’s family.

We call for your urgent intervention in this case. Please send a letter to the Chief Minister, Rajasthan asking her to transfer the case to an independent authority and not the local police since they seem to be under the influence of the Rajput community. She must ensure that the case trial continues impartially and fairly. The bail applications of the perpetrators who are now out of judicial custody should be cancelled immediately. The victim’s family should be provided financial compensation and security until the case trial is completed.

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

Name of the victim: Mr Mohan Lal Meghwal
Address: Bedkalan Village, Tehsil Jaitaran, District Pali, Rajasthan
Place of incident: Bedkalan Village
Alleged perpetrators:
1. Thakur Shivdan Singh Rathore
2. Tikam Singh, son of Shivdan Singh
3. Diler Singh, brother of Shivdan Singh
Time and Date of incident: 8:00 a.m., 1 March 2005-04-26

Case Details:
On 1 March 2005, at about 8:00 a.m, in the main square of Bedkalan village, Jaitaran Tehsil, Pali District, Rajasthan, Mohan Lal Meghwal was killed by a feudal lord,Thakur Shivdan Singh Rathore, also an ex. MLA(Member of Legislative Assembly) along with his son Tikam Singh and younger brother Diler Singh. It is alleged that this brutal murder took place in broad day light in front of many people but no one came forward to help the victim mainly because the perpetrators belonged to the upper case Rajput community who yield considerable clout amongst local authorities.

The perpetrators inflicted 19 deep knife wounds and then ran a heavy tractor over Mohan killing him instantly. Mohan was an active Dalit activist and was constantly raising his voice against the atrocities being committed against the poor and the lower caste Dalits of that area. However the immediate reason for his brutal killing was that Mohan had dared to fight the village Panchayat elections, usually a strong hold of the upper caste Rajputs. In the past, Shivdan Singh who had controlled the Panchayat posts had got his people elected to the posts reserved for the scheduled castes (Dalits). He was thus angered by the thought that some one like Mohan would fight this and stand for elections.

Shivdan Singh therefore produced false evidence against Mohan, fabricated documents and succeeded in getting Mohan’s nomination papers rejected by the election officer. Angered by this, Mohan wanted to file a case in the local court against his rejection. Though Shivdan Singh threatened to kill Mohan and warned him not to approach the court, Mohan refused to bow under pressure and was infact on his way to meet his lawyer with his wife when he was killed.

Though the police were initially reluctant to file an FIR, under the influence of Shivdan Singh and his accomplices who wanted the murder to look like an accident, local Dalit leaders mobilised supporters and staged a protest ultimately forcing the police to register FIR no 36 under Section 302 IPC (murder), arrest the three offenders and conduct a post-mortem by a team of doctors.

Soon after the arrests, the Rajput community in allegiance with the perpetrators, mobilised heavy support, staged violent protests and processions and managed to unleash a reign of terror in the village demanding the release of those arrested. It is alleged that important leaders of the Rajput community, politicians, and youth organisations actively participated in this demand. Being an ex-MLA, Shivdan Singh garnered considerable support from the high authorities of that area including Mr Devi Singh Bhati, MLA and Convenor of Rajasthan Samajik Nyay Manch, and Mr Madhav Singh Deewan, Ex-Minister, Rajasthan. It is also believed that while in jail, Shivdan Singh was provided with preferential treatment and not treated like any other undertrial, which is against the jail mandate.

It is sad to note that none of these people visited the victim’s family even once but instead gathered at Shivdan Singh’s house to express their solidarity with him. We are informed that the only politician who visited the victim’s house was the ex chief minister of Rajasthan, Mr Ashok Gehlot. It is also alleged by certain eye witnesses that the families of the perpetrators were provided with heavy security while the police men in the Dalit localities were hardly a few in number.

The most disturbing fact is that the perpetrators have been released on interim bail by the Jodhpur High Court on the grounds of Shivdan Singh’s mother’s death and the perpetrators are now out of custody. They have been constantly issuing threats to the Dalits of the village and the victim’s family to not appear against the perpetrators in the court. Meanwhile the Rajputs continue with their support. Thousands of people belonging to the Rajput community gathered in Shivdan Singh’s house to offer their condolences on his mother’s death and show their support. It is believed that a delegation of Rajputs met the Chief Minister, Mrs Vasundhara Raje and asked the investigation to be transferred to I.G. Jodhpur, Mr K.L.Sharma.

From March 13 onwards, the victim’s relatives staged an indefinite protest outside the Sub -Divisional Magistrate’s office demanding that the charge sheets of the accused be submitted in the trial court without delay and they be provided police protection.  It is believed that a delegation on behalf of the victim also tried to meet the Chief Minister but despite waiting for four hours she refused to meet them and this considering the fact that she had just met those representing the perpetrators.

It is also alleged that on March 22, once again, Shivdan Singh’s family threatened the victim’s family and certain eyewitnesses with dire consequences.

From the above-mentioned facts, the role of the police and other authorities is clear and seems that they are neither competent nor adequate to safeguard the interest of the victim’s family and ensure justice. However, they have been providing adequate support to the accused.

AHRC therefore, calls for your urgent intervention in this case. The case must be immediately transferred to an independent authority and not the local police so that the trial proceeds impartially. The bail applications of the perpetrators who are now out of judicial custody should be cancelled immediately. The victim’s family should be provided financial compensation and security until the case trial is over.

SUGGESTED ACTION:

Please send a letter to the Chief Minister, Rajasthan asking her to transfer the case to an independent authority and not the local police immediately so that the trial proceeds impartially and the accused are punished for their wrong doings.

 

 

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