INDIA: Dalit farmer was humiliated, harassed and tortured by upper caste Hundus

September 23, 2002

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
 

 
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
 

 
24 September 2002
 
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UA-44-2002: Dalit farmer was humiliated, harassed and tortured by upper caste Hundus
 

 
INDIA: Caste based discrimination; A clear case of discrimination on the basis of work and descent, fear of life, inhuman and degrading treatment
 
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Sankan, son of (s/o) Sri Periasamy, is residing at the Kavundampatti, Pallapatti (via), Nilkottai Taluk, Dindigul District of Tamilnadu State in South India with his wife, sons and daughters. His eldest daughter Thanga is married and lives with her husband in the same place.
 

 
Sankan belongs to the Hindu Pallar Community, which is Dalit. He has been an agricultural coolie (laborer) for the past 5 years. Before that, he was a bonded laborer in the fields of one Asokan, (s/o. Krishnasamy Gounder) of Kavundampatti, just as his father, Periasamy before him. From young age, Sankan and his four brothers were also laborers on Krushnasami's farm, and in the fields of his brothers. Krishnasamy is a rich upper caste (Hindu) farmer who owns hundred acres of land. Sankan was responsible for cultivation of 16 acres of land and like him there were others to whom Krishnasamy had divided his land.
 

 
During the harvest, the entire produce would be handed over to Krishnasamy by Sankan. In return he accepted whatever his landlord gave him. This was the custom from the time of Sankan's father and for the past 30 years Sankan and his father had been looking after their lands in a responsible manner. Sankan then requested his landlord, Asokan to sell him 1.5 acres of his land. He had promised that the Landlord could deduct Rs.500 (US$ 10) every month from his salary till such time that he is able to recover the cost of the land. As a result of this deal for the past 15 years, Sankan had been paying for this piece of land. Besides tending to Mr. Asokan's farm, he was also looking after Asokan's younger brother's (Sathyamoorthy and Baskaran) farms as well. Sathyamoorthy paid Sankan Rs.500 every month and in turn Sankan used to pay this sum to Mr. Asokan towards the land. On his part Sankan never asked for any remuneration from the others.
 

 
The Problem Begins
 
In 1997, (Sankan cannot remember the correct date) the neighboring landlord, Bose Gounder accused Sankan of having stolen coconuts from his grove. He shouted at Sankan, and even gave a false complaint in the police station against him. Sankan too on his part shouted back. As a result, he was tied to a tree and beaten, called derogatory caste names, and humiliated. He was also pulled up and down with a rope tied to the top of the tree and was thus tortured. Having witnessed this incident, Sankan's younger brother, Ponnar informed his landlord, Asokan and asked for his advice. Asokan gave him Rs.300 and asked him to give a complaint (according to PCR Act) against Sankan's perpetrators. Ponnar returned to the place of occurrence and got Sankan released. He took him to Vadipatti police station where they registered a complaint. Following this, Bose Gounder and his son were immediately arrested by the police and sent to jail in Madurai.
 

 
The Caste Factor
 
Three days after this incident, when Sankan was standing at the Vadipatti bus stand, Kalaivanan and a few of the Gounder community came towards him and passed comments like, "You Pallar dog, having stolen coconuts you dare file a case?" and then started beating him up, threatening to murder him. Out of fear, Sankan went back to nearby Dindigul and filed a complaint under the PCR section. From the Ammainayakanoor police station, the PCR wing arrested Kalaivanan and four other Gounders. Hearing of these incidents, about 300 Gounders went in about 10 tractors to Ammainayakanoor police station to protest. They threatened to attack the police station. The Inspector of the Police station and the police force was called in. The Tahsildar and the Dindigul RDO spoke to the mob and told them that it is not possible to release those who were arrested and informed them that if they so wished they could move bail. Following this the agitated crowd dispersed.
 

 
Illegal, Humiliated Actions and Torture
 
After this, Sankan's landlord, Ashokan asked him not to leave the farm because the high-caste people had told him that they would not hesitate to murder Sankan. As a result of this, Sankan did not leave the farm for 3 months. During that time, the Panchayat elections were announced. Asokan now summoned him and told him that he had to leave the farm and live outside the village for sometime. Asokan said he was planning to contest the elections, but in the present situation, his caste people were angry with him so would not vote for him. Sankan was upset and asked his landlord as to how he could ask him to leave when his life was in danger. Moreover, he asked, how does one who has toiled for 30 years leave suddenly, and that too without any valid reason. At that point the landlord shouted at Sankan rudely, "You dog, do you inform me when you come and go anywhere, and now you ask for reasons? You better get out!" Seeing the situation, Sankan immediately asked his landlord to give him his 1.5 acres of land- which he had being paying for and also his share for having worked for 30 years. Asokan refused to give him anything and threatened him with dire consequences. Finding no other way, Sankan went to Dindigul and at 11:00 a.m. registered a case under the PCR Act against Asokan and his brothers.
 

 
The next day, the Inspector and a few policemen visited Asokan's farm and enquired the matter. They spoke to the neighbors and were convinced that whatever had been stated by Sankan was true. Then they insisted that both the parties appear at the police station. The following day, Sankan went along with his family members and so did Asokan and his brothers. After deliberations it was decided that Sankan should be given the land he had paid for, along with all his wages for laboring for 30 years, for which a calculation was reached at Rs.85,000 (US$ 1,759), along with this, a sum of Rs.15,000 was added, and the total to be paid was the sum of Rs.100,000 (US$ 2,069). Asokan promised to pay the amount and hand over the land documents before the village panchayat; Sankan consented to his proposal. However, nothing further was done.
 

 
After a month, Sankan went again to the PCR section and reported that the agreement had not been kept. As a result, the Fist Information Report (FIR) was filed against Asokan and his brothers, and subsequently they were arrested, but they were soon let out on bail. Asokan and his brothers then hired 5 Thevars thugs who ordered Sankan to vacate the land, stating that they had taken the land on lease. When Sankan refused, they tied him up and beat him up very badly. On hearing his cries the neighboring high caste farmers came, tied his hands and legs and took him and his family in a jeep and threw them in a lake which is situated in the eastern side of their village. They had also bundled all his household goods and dumped it in the lake. The damaged and lost household goods were worth Rs.30,000 (US$ 620).
 

 
Later on, finding no other solution, he went back to his 1.5 acres land. After a few days while he was working around 7 o'clock, the police from Ammainayakanoor station came and said that they had come to enquire about the PCR complaint and so Sankan accompanied them. When he entered the police station, they caught Sankan and pushed him inside the lock-up accusing him of trying to murder Asokan. The next morning Sankan was remanded in Trichy jail, where he was kept for a month. During this time his hut was burnt down, property worth Rs.20,000 damaged, and his wife and children were beaten up and driven away. After a month when Sankan came out on bail he went back with the dream of rebuilding his house, but again the policemen from Ammainayakanoor came and took him away, accusing him of attempting to kill Asokan with a crowbar. They threw him into Madurai jail. Again he came out on bail after a month.
 

 
Meanwhile, while Sankan was in jail, Asokan had illegally sold his 1.5 acres property (by dividing it into smaller plots) to 11 persons. When Sankan returned from the jail he went and asked these eleven people to quit the land, and simultaneously he gave a complaint to the Ammainayakanoor police station. They enquired into the matter and found that these 11 people had no proper documents and that there was a civil dispute in the Court pending disposal. Out of the 11, ten of them settled with Asokan - either got back their money or alternative land sites - anyhow they left Sankan's land. However, Kannan S/o. Chinnasamy refused to vacate. Sankan continued to fight the civil suit on his own, which had been going on for the past five years. Even the false case of 'attempt to murder' was going on, and in the end the Court gave the verdict in Sankan's favor.
 

 
On 5th of September 2002, Sankan was drinking tea at Thangapandy's teashop when Kannan S/o. Chinnasamy, together with Chinnasamy S/o. Vakilamayandi Thevar, Annadurai S/o. Bommai Thevar (a policeman posted in Chennai), his brother Vairam S/o. Bommai Thevar all gathered there. Kannan slapped him on both his cheeks and called him obscene names like 'Pallar bastard'. He added, "We shall not leave you without murdering you." Kannan and Annadurai then held Sankan by his neck and dragged him for a certain distance from the teashop, beating and kicking him. Rajamani (who was accompanying Sankan) tried to prevent them, but he was pushed away. Kannan continued to heap unspeakable indignities upon his person. The eyewitnesses to this incident were, Krishnan belonging to the Moopanar community, Rajamani of the Pallar community, Mani s/o. Poochiya Gounder and Parthiban S/o. Sadayandy Gounder. They were all threatened that if any one came forward to be a witness, they would not be left alive. Rajamani took Sankan to his home where he spent the night. The next day, 8th of September, at 7:00 a.m. he decided to go and give a written complaint. He was near Dhanapandy teashop when Kannan saw him and shouted, "You and your family will be burnt to death with petrol, you Pallar bastard, if you are going to the police station. We will not allow you to return."
 

 
The Assistance from a Local Human Rights Organization
 
Filled with fear, and realizing that even if he courageously gives a complaint, his family would be alone, and they could do something to his family, Sankan went and met his confidante Rajamani, and discussed things with him. Rajamani advised Sankan to go and meet Rajasingh of Thevendra Peravai. Out of fear, for two days Sankan hid himself and finally on 12 September 2002 he approached Rajasingh who listened to Sankan and preferred his complaints to the government Officials on September 13, 2002. Through him, Sankan was directed to seek help from 'People's Watch' in Tamilnadu.
 

 
On 14 September, 2002, People's Watch represented the matter to the Inspector General (IG) of Police, South Zone, Tamilnadu. After hearing the full story from the victim Sankan himself, the Inspector General directed the Superintendent of Police (SP), Dindigul, to look into the matter and conduct an Inquiry by an Additional Deputy Superintendent of Police (DSP). Sankan also attended the DSP Mr. Ramakrishnan's Inquiry along with 'People's Watch Monitoring Associates', who felt that the mode of the Inquiry of the DSP was not satisfactory since he seemed to have pre-conceived notions regarding the matter. People's Watch-Tamilnadu also made Sankan give a complaint in the Ammainayakanoor Police Station following which an FIR was filed under section 3(1) (I) and 3(1) (X) of the SC/ST (Prevention of Atrocities) Act. The same evening the Sub-Collector In Charge inquired from Sankan and obtained a detailed statement from him. This is where the matter now stands.
 

 

 
SUGGESTED ACTION
 

 
Please send your appeals to the officials mentioned below. You may use your own words or use the following as a sample.
 

 

 
SAMPLE LETTER
 

 
Dear
 

 
Re: Dalit humiliated and harassed by caste Hundus in Tamilnadu
 

 
I have come to know of the very extreme case of humiliation and caste discrimination that has taken place with regard to Sri Sankan, son of Periasamy, in Dindigul District, Tamilnadu. I am shocked and pained that even in this century such discriminatory crimes are still being perpetuated in the name of caste, and also that the Indian government has been slow to act, even after enough evidence has been made available to implicate the guilty.
 

 
I would request you to;
 

 
- Direct the State Government to file the Charge-sheet within the time limit prescribed as per the SC/ST (Prevention of Atrocities) Act so that the guilty are prosecuted at the earliest.
 

 
- Suggest that the State Government immediately suspend one of the main accused Mr. Annadurai, who is a police constable now serving in Chennai- from the services, for the period of the Inquiry, so as to ensure fair and impartial investigations into the complaint.
 

 
- Direct the State Government to get the case inquired by a senior police officer who has the experience of handling cases like this previously, since the atrocity was perpetrated on a Dalit
 

 
- Direct the State Government to give protection to the victim and his family members, and also give him the just compensation due to him.
 

 
- See that the prosecution in this case should be monitored very closely by a representative of the State Human Rights Commission.
 

 
I look forward to hearing your prompt action on this matter.
 

 
Thank you.
 

 
Sincerely,
 

 
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PLEASE SEND YOUR APPEALS BY FAX OR EMAIL TO;
 

 
1. The Prime Minister of India,
 
H.E. Atal Bihari Vajpayee
 
South Block, Raisina Hill,
 
New Delhi 110 011
 
INDIA
 
Tel: +91 11 3016996 (Joint Secretary of PM), 3018939 (Personal Secretary of PM)
 
Fax: +91 11 3016857/3019545 (Office), +91 11 3019334 (Residence)
 
E-mail:vajpayee@sansad.nic.in or http://pmindia.nic.in/writetous.htm
 

 
2.Dr. J. Jayalalithaa,
 
Chief Minister of Tamilnadu
 
Fort St. George,
 
Chennai 400001,
 
INDIA
 
Fax: +91 44 8258101
 

 
3. Justice J.S.Verma
 
Chairperson of the National Human Rights Commission
 
Sardar Patel Bhavan, Sansad Marg,
 
New Delhi - 110001
 
INDIA
 
Fax: +91 11 3340016/3366537
 
Eamil: nhrc@ren.nic.in
 

 
4. Justice Dilip Singh Bhuria,
 
Chairperson of the National Commission for Scheduled Castes and Scheduled Tribe
 
5th Block, Lok Nayak,
 
Bhavan, Khan Market,
 
New Delhi 110003
 
INDIA
 
Fax: +91 11 4625378

Document Type :

Urgent Appeal Case

Document ID :

UA-44-2002

Countries :

India

Issues :

Caste-based discrimination

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INDIA: Dalit farmer was humiliated, harassed and tortured by upper caste Hundus

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