NEPAL: Dalit family beaten after protesting overcharged fertilizer

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-125-2017
ISSUES: Administration of justice, Caste-based discrimination, Child rights, Minorities,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information about Ram Kishor Harijan and his son Parikshan Harijan. They had been beaten by non-Dalits Mohan Prasad Yadav and his son Niraj Yadav. They were buying chemical fertilizer at the local cooperative, which sells at a discounted governmental price. The feud began after the Yadavs tried to overcharge Ram Kishor and his son for the fertilizer. They were aware it was being sold to others at a lower price. This case depicts the unequal treatment of Dalits and non-Dalits while making use of State services and resources.

CASE DETAILS: 

The Asian Human Rights Commission (AHRC) has received information about Ram Kishor Harijan (34) and his son Parikshan Harijan (14), resident of Gobadawari, ward number 3, Gaidahawa Rural Municipality, Rupandehi District. They had been foul-mouthed and beaten by Chairperson Mohan Prasad Yadav (45) and his son Niraj Yadav (18) for protesting overcharged fertilizer at the Mirgasira Cooperative Limited. The non-Dalit Yadav father-son used derogatory caste terms and thrashed them on the evening of 30 August 2017.

The incident occurred when Ram Kishor and his Parikshan went to the cooperative to buy the chemical fertilizer on 30 August, where they have even provided NPR 2000 as an advance payment for buying three sacks (150 kilogram) of chemical fertilizer. They asked NPR 550 more for three sacks of fertilizer, but were selling it for NPR 800 per sack to others. The cooperative staffs were even selling fertilizers to others without taking any advance. 

Knowing this difference in price, Parikshan asked why are they were being overcharged. The Yadavs told them to pay the extra price or leave. When Ram Kishor told them that he will make a complaint to the Chief District Officer and the Agriculture Office, Mohan Prasad Yadav grabbed his shirt collar and locked him inside the shop.

Parikshan protested, and he was beaten by Niraj Yadav. While Ram Kishor attempted to save his son, he was also beaten by the Yadavs. Yadavs scolded them, and charged them with being a Chamar, a lower caste. They called them untouchables, lower caste, poor and Dalits.

The Yadavs even confiscated their bicycle and the fertilizer. 

The Yadavs did not stop there. They called the Police who arrested the Dalit father and son instead. They were released only after pressure from local social activists and politicians. The Police called both parties in for discussion. However, the Yadavs never attended and fled the village. Ram Kishor had been going to the local Police Station daily. As Yadav fled the village, no discussion has been organized so far.

The victims went to the Universal College of Medical Sciences (UCMS) Bhairahawa for treatment. Ram Kishor tried to file a First Information Report (FIR), on caste-based discrimination, but the Police would not register an FIR.

The AHRC requests a prompt and proper investigation into this case. Victims must be provided safety and security. Perpetrators must be punished as per Caste-based Discrimination and Untouchability (Crime and Punishment) Act 2011. The guilty must be punished so that others are deterred from practicing caste-based discrimination and un-touchability in the country.

SUGGESTED ACTION: 

Please write letters to the following Authorities calling on them to take necessary action against the people involved in this incident. The Police need to immediately arrest the alleged perpetrators, and start a prompt and proper investigation into this case.

The AHRC is writing a separate letter to the UN Special on Minority Issues requesting her intervention in this case.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

NEPAL: Dalit family beaten after protesting overcharged fertilizer

Name of victims: Ram Kishor Harijan and Parikshan Harijan
Alleged Perpetrators: Mohan Prasad Yadav and his son Niraj Yadav, of Rupandehi District
Date of incident: 30 August 2017 to present
Place of incident: Gobadawari, ward number 3, Gaidahawa Rural Municipality, Rupandehi District

I am writing to voice my deep concern as Ram Kishor Harijan and his son Parikshan Harijan had been beaten by non-Dalits Mohan Prasad Yadav and his son Niraj Yadav. They were buying chemical fertilizer at the local cooperative, which sells at a discounted governmental price.

Ram Kishor Harijan (34) and his son Parikshan Harijan (14), resident of Gobadawari, ward number 3, Gaidahawa Rural Municipality, Rupandehi District had been foul-mouthed and beaten by Chairperson Mohan Prasad Yadav (45) and his son Niraj Yadav (18) for protesting overcharged fertilizer at the Mirgasira Cooperative Limited. The non-Dalit Yadav father-son used derogatory caste terms and thrashed them on the evening of 30 August 2017.
The incident occurred when Ram Kishor and his Parikshan went to the cooperative to buy the chemical fertilizer on 30

August, where they have even provided NPR 2000 as an advance payment for buying three sacks (150 kilogram) of chemical fertilizer. They asked NPR 550 more for three sacks of fertilizer, but were selling it for NPR 800 per sack to others. The cooperative staffs were even selling fertilizers to others without taking any advance. 

Knowing this difference in price, Parikshan asked why are they were being overcharged. The Yadavs told them to pay the extra price or leave. When Ram Kishor told them that he will make a complaint to the Chief District Officer and the Agriculture Office, Mohan Prasad Yadav grabbed his shirt collar and locked him inside the shop.

Parikshan protested, and he was beaten by Niraj Yadav. While Ram Kishor attempted to save his son, he was also beaten by the Yadavs. Yadavs scolded them, and charged them with being a Chamar, a lower caste. They called them untouchables, lower caste, poor and Dalits.

The Yadavs even confiscated their bicycle and the fertilizer. 

The Yadavs did not stop there. They called the Police who arrested the Dalit father and son instead. They were released only after pressure from local social activists and politicians. The Police called both parties in for discussion. However, the Yadavs never attended and fled the village. Ram Kishor had been going to the local Police Station daily. As Yadav fled the village, no discussion has been organized so far.

The victims went to the Universal College of Medical Sciences (UCMS) Bhairahawa for treatment. Ram Kishor tried to file a First Information Report (FIR), on caste-based discrimination, but the Police would not register an FIR.

I request a prompt and proper investigation into this case. Victims must be provided safety and security. Perpetrators must be punished as per Caste-based Discrimination and Untouchability (Crime and Punishment) Act 2011. The guilty must be punished so that others are deterred from practicing caste-based discrimination and un-touchability in the country.

I look forward to your prompt action in this matter.

Yours Sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Sher Bahadur Deuba 
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Durbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np

2. Mr. Janardan Sharma
Home Minister 
Ministry of Home Affairs
Singh Durbar, Kathmandu 
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np

3. Mr. Anupraj Sharma
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

4. Mr. Basanta Ram Bhandari 
Attorney General
Office of Attorney General 
Ramshah Path, Kathmandu
NEPAL 
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneral.gov.np

5. Mr. Prakash Aryal
Inspector General of Police
Police Head Quarters 
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np

6. Mr. Sitaram Ghale
Member Secretary
National Dalit Commission
NEPAL
Fax: +977 1 5531148 
Phone: +977 1 5531148
Email: info@ndc.gov.np

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-125-2017
Countries : Nepal,
Issues : Administration of justice, Caste-based discrimination, Child rights, Minorities,