04.10.24.Untouchables News.....अछूत समाचार.தீண்ட தகாதவர் செய்திகள்.by Team Sivaji.9444917060.
The court addressed the entrenched discriminatory practices against marginalised communities, including scheduled castes (SC) and scheduled tribes (ST) in prisons
The Supreme Court on Thursday ended the longstanding practice of caste-based discrimination in prisons, declaring provisions in prison manuals that perpetuate it as unconstitutional and calling for immediate reforms across states.
Issuing a series of directives to the Union government and states to ensure that no inmate is subjected to work assignments or housing arrangements based on their caste, the bench noted: “Discrimination based on caste, both direct and indirect, is a relic of colonial rule. The Constitution mandates that prisoners be treated humanely, with due regard for their mental and physical well-being.”
The bench, also comprising justices JB Pardiwala and Manoj Misra, ordered all states where such discrimination continues to immediately amend their rules to eradicate these deep-seated vices and file their compliance report within three months. The Union government was ordered to bring about suitable changes to the model prison rules of 2016 that may promote caste-based discrimination by allowing states to categorise people as “habitual offenders”.
It held that such discriminatory practices violate the principles of equality enshrined in the Constitution and demanded that prison authorities bring their regulations in line with constitutional mandates.
The court held that caste-based assignments of labour, such as assigning menial tasks like cleaning and sweeping to marginalised castes while reserving cooking for higher castes, is a violation of Article 15 of the Constitution, which prohibits discrimination on the grounds of caste. It added that these practices fail to meet the test of intelligible differentia and do not contribute to the reformation and rehabilitation of prisoners
“Prison manuals must not perpetuate caste-based prejudice by assigning degrading tasks to certain groups... No group is born as a scavenger class, nor should any group be restricted to such work,” said the court.
The court invoked Article 17, which abolished untouchability, asserting that assigning menial labour based on caste is a form of untouchability that cannot be permitted in a constitutional democracy.
The judgment highlighted how prison manuals, including the 2016 Central Government’s Prison Manual, contain provisions that reaffirm caste-based discrimination. CJI Chandrachud condemned practices where marginalised prisoners were forced to clean sewers and tanks in hazardous conditions, calling it a clear violation of human dignity.
The court struck down provisions in the Uttar Pradesh Prison Manual that allowed prisoners of certain castes to be assigned menial work, noting that such practices reinforce class-based prejudices.
“The use of terms like ‘menial’ to target so-called lower castes cannot survive under our constitutional framework...These practices not only degrade human dignity but also violate Article 23, which prohibits forced labour,” it said.
The court criticised the classification of habitual offenders, particularly the targeting of de-notified tribes as members of criminal groups. It declared such classifications unconstitutional and ordered all states to remove references to habitual offenders in their prison manuals, stressing that such labels are rooted in colonial stereotypes.
“Members of denotified tribes have historically been treated as criminals from birth. This classification is an affront to their dignity and a gross violation of Article 21, which guarantees the right to life with dignity,” CJI Chandrachud said.
The Supreme Court directed all states to revise their prison manuals in line with the judgment. It also ordered that references to caste in convict or undertrial registers be deleted and that prisoners should not be assigned tasks like sewer cleaning in hazardous conditions.
Taking suo motu cognizance of the issue of discrimination in prisons, the court has scheduled a compliance hearing in three months, requiring states to submit a status report on the implementation of its orders.
Issuing notices to the Union home ministry and other relevant parties in January, the court requested solicitor general Tushar Mehta to assist with the issues raised by the petitioner, Sukanya Shantha, a journalist and a resident of Maharashtra.
The petition, filed under Article 32 of the Constitution, sought to draw attention to the persistence of discriminatory rules in prison manuals that reinforce caste hierarchies, in direct violation of constitutional principles of equality. The petitioner urged the court to issue clear directions to ensure that all prison manuals and practices are overhauled to eliminate any form of caste-based discrimination.
TN cops abetted barring of Dalit funeral from public road, residents allege
These allegations are backed by a report of the ruling DMK’s ally Viduthalai Chiruthaigal Katchi (VCK). The VCK’s fact-finding team, which had rushed to the incident site, has alleged the complicity of a local DMK leader, who they say is close to Tiruvannamalai MLA and Minister of Public Works, Highways and Minor Ports AV Velu.
As is the widespread segregationist practice, dominant castes live in the “ooru” or village and the Dalit residents are forced to live in the “colony”. In this case, the majority of the dominant caste community are said to be Vanniyars (categorised as Most Backward Class) who have allegedly been denying road access to Dalit residents. Residents now say that the police sided with the dominant caste and in violation of the Atrocities Act, forced the deceased woman’s relatives to use a ‘caste-designated’ path.
Allegations of power abuse, other segregationist practices such as the ‘two-tumbler’ system, and separate caste-based burial grounds have also emerged.
What happened?
The incident occurred in Mothakkal village in Tiruvannamalai district. S Kiliambal (70), a village resident, had passed away in Chennai where she had been living with her daughter. As her family wanted to conduct her last rites in their own village, the body was brought back to Mothakkal. At 11:30 am on September 30, Kiliambal’s relatives aapproached the Thanipadi police station for protection to use the public path for her funeral procession. Not only has access to the public path allegedly been denied for decades, but the dominant castes in the locality are also said to enforce caste-segregated burial grounds, despite a 2019 Madras High Court order slamming the then-state government for allowing such practices to continue.
For the last forty-five years, according to Kiliambal’s relative Raja (name changed), Dalits in Mothakkal have been asking local authorities to construct an alternative road for them, but nothing has happened. Further, this footpath is overgrown and filled with potholes, making it difficult to carry a body through. To worsen matters, the path runs through private lands, leaving its access to the owners’ choice.
Citing these difficulties, Kiliambal’s family asked for police protection at the Thanipadi station. However, station officers allegedly said that they were handling a similar situation in another village nearby and that they could not spare any police personnel to send to Mothakkal.
Allegations of police complicity
Raja further tells TNM that Tiruvannamalai Rural DSP Murugan was alerted, however, and he arrived at the spot. After talks, the DSP allegedly “permitted” them to use the public path. It must be noted that such permission is legally not required and denying Scheduled Caste or Scheduled Tribe persons access to public paths is a violation of Section 3 (za) (A) of the Atrocities Act. But soon, the DSP allegedly backtracked, after a meeting with the panchayat president Anbarasu and told Kiliambal’s relatives that they must use the overgrown footpath they had been using until now.
According to Raja, the DSP led Kiliambal’s relatives and other Dalit individuals who had come out in support, back to the “colony” and ordered an earthmover vehicle to level the footpath. The landowner, via whose plot the footpath runs, objected to this, Raja adds.
“We decided to use the public road because of this. But when we reached the road, hundreds of police personnel were deployed there, cutting off access with their vehicles. We didn’t expect the police to turn against us,” he says.
Gowtham Suresh, an advocate at the Madras High Court who has been helping the victims, tells TNM that apart from the heavy police deployment, caste Hindus in the village had tried to attack Kiliambal’s family during the second attempt to use the public road. He also alleges that police verbally abused many of the Dalit women who were there in support of the family. Gowtham adds that police themselves took the funeral vehicle back to Kiliambal’s home after stopping it from continuing down the public path. Raja had also alleged the same to TNM.
Prakash Ambedkar, a VCK leader who had gone to the site of the incident, confirms the above events, including the DSP ordering Kiliambal’s family to use the footpath instead of the public road, in violation of the Atrocities Act. Further, in its report, the VCK says that the village panchayat president Anbarasu is the son of a local DMK leader named Paneerselvam.
The DSP could not be reached for comments. TNM also reached out to Tiruvannamalai Superintendent of Police (SP) K Prabakar regarding the allegations against the DSP, but he did not respond to queries at the time of filing this article. This story will be updated if or when the officers in question provide a response.
VCK’s fact-finding report
Paneerselvam is currently the Thandarampattu West union secretary for the DMK. The VCK says in its report that both Paneerselvam and his son are close to DMK minister AV Velu. “The arrogance from this power is one of the reasons why Mothakkal is still trapped by caste supremacy,” the report reads.
Prakash Ambedkar and two other VCK leaders–Suresh Dheevan and Arul Thangaraj–who conducted the fact-find exercise repeat the allegations in the report that the police used abusive and obscene language on the Dalit women of Mothakkal and that it was the police who drove the funeral vehicle back to the colony against the wishes of the family.
The VCK also adds that the hundreds of police personnel who blocked access to the public road were armed and refused to provide a reason for why the procession was stopped. “They complied with the power-centre called Paneerselvam and went back on their word,” the report reads.
Finally, Kiliambal’s body was carried through the newly-levelled footpath after talks with the landowner. Her cremation was conducted only at 09:00 pm that night.
“This incident has cost time, trust and mental peace and brought disrepute to the Tiruvannamalai DMK,” the VCK further says in the report. They also allege in the report that Paneerselvam has repeatedly subjected Dalits in Mothakkal to caste discrimination.
The report further says that caste-based discrimination is rampant in the area including in the use of the “two-tumbler” system—a segregationist practice of having separate glasses for Dalits and dominant castes. Further, Dalits in Mothakkal are not even allowed into tea shops, but are forced to consume their beverages outside, the VCK has alleged.
The report adds that Paneerselvam and Anbarasu had once threatened to foist false cases against Dalits who complained about the improper water supply to the colony. “Paneerselvam is dragging down the tireless efforts of our CM [MK Stalin] who believes in access to everything for all,” the report says.
Torching Dalit homes is a recurring crime in Bihar:
DataPREMIUMPublished / Updated- October 03, 2024 08:00 ISTSAMBAVI PARTHASARATHY, NITIKA FRANCIS, VIGNESH RADHAKRISHNANResidents at their charred houses after multiple houses belonging to Dalit community were allegedly set on fire, in Nawada , Bihar | Photo Credit: - Increasingly fewer crimes against Dalits are investigated in Bihar. A small number of them end up in courts and only a fraction among them ends in convictionA fortnight ago, an alleged land mafia in Nawada district attacked and set fire to a Dalit hamlet and more than 30 houses in Bihar. All the houses that were set on fire belonged to people from Scheduled Castes (SC). Cases have been filed under various sections of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and other relevant laws.According to police investigation, 21 houses were completely burnt. They belonged to SCs from the Manjhi and Ravidas communities. Reports also said that the fire destroyed the utensils, clothes, cots, grains and, in some cases, farm animals of the majority of the households. The government has provided food and temporary shelter for the victims.ALSO READIn LWE affected seats and in Bihar, NOTA still matters: DataData show that incidents of setting fire to Dalit households are not rare in Bihar. In the six years between 2017 and 2022, more than 35% of all the arson cases across India in which SCs were victims occurred in Bihar, followed by Madhya Pradesh, Odisha, and Uttar Pradesh, each of which recorded around 10% of the cases.ADVERTISEMENTMap 1 shows the State-wise number of SC victims in arson cases in the 2017-2022 period.Charts appear incomplete? Click to remove AMP mode.Bihar recorded the highest number of arson cases in which SCs were victims in 2022, 2021, 2019, and 2018, surpassing the State with the second-highest number by a considerable margin each time. The burning of properties belonging to Dalits is thus a recurring crime in the State.Click to subscribe to our data newsletterIf we take a comprehensive view of all the crimes committed against Dalits in Bihar, it presents a worrying picture. Data show that the number of recorded cases of crimes against SCs that are being investigated by the police is increasing every year in the State, while the number of cases disposed of by the police is decreasing, leading to increased pendency of cases. The number of police cases pending investigation increased from around 3,900 in 2017 to 6,900 in 2022. Disposal of cases include cases transferred to other agencies, cases that resulted in a final report from the police (not sent for trial), and cases that were charge sheeted (sent for trial).Chart 2A shows the number of recorded cases of crimes against SCs disposed of by the police and those pending at the end of each year. The sum of both forms the total number of cases that were up for investigation at the start of that year.More worryingly, not only is the number of cases disposed of by the police reducing, but also the share of cases charge sheeted is declining. In other words, an increasing share of cases disposed of by the police do not end up in court.Chart 2B shows the charge sheeting rate and pendency rate of investigation of cases of crimes against SCs.Even among the increasingly fewer cases that end up in court, over 99% are pending at the end of the year; only 1% of trials are completed. The number of cases of crimes against Dalits that were pending trial increased from about 33,000 in 2017 to more than 58,000 in 2022.Chart 3A shows the cases in which trials were completed and cases in which trails were pending. The sum of these forms the total number of cases that were up for trial at the start of that year.Notably, among the cases for which trials were completed each year, an increasing share of them are resulting in convictions.Chart 3B shows the conviction rate and pendency rate of court cases of crimes against SCs.However, given that only a fraction of the crimes against SCs actually sees a logical conclusion in court, the absolute number of accused getting convicted is a minuscule minority.sambavi.p@thehindu.co.in , nitika.evangeline@thehindu.co.in , vignesh.r@thehindu.co.inSource: National Crime Records BureauAlso read: What has ‘Make in India’ achieved in the last decade :
Dalit man assaulted
Several members of the upper castes allegedly took the law into their own hands and thrashed a dalit man, blackened his face and put a shoe garland around his neck before parading him half-naked in a village in the Mandsaur district of Madhya Pradesh.
Statesman News Service | Bhopal | October 3, 2024 4:45 pm
Photo: IANS
According to Mandsaur SP Abhishek Anand, the incident had occurred in village Bhaisodamandi under the jurisdiction of Bhanpura police station a few days ago. He said that a case was registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and relevant sections of the Bharatiya Nyay Sanhita (BNS) against the accused including Rameshwar Gurjar, Balchand Gurjar and others and they were taken into custody.
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The police added that earlier, on the complaint of the woman, the dalit man was also booked on September 29 under Section 74 (assault or use of criminal force against women with intent to outrage their modesty) and Section 78 (stalking) of the BNS.
Family of Four Shot Dead in Amethi Following FIR Under SC/ST Act Allegations
A government school teacher, his wife, and their two daughters were found dead in their rented home on Thursday. This tragic event occurred over a month after the family had filed a complaint against a man, warning that he would be responsible if anything happened to them, according to police reports.
The victims were identified as Sunil, 35, his wife Poonam, 32, their daughter Drishti, 6, and their one-year-old daughter. Sunil was originally from Rae Bareli and worked at a government school in Amethi's Panhauna. The police are investigating whether these deaths are connected to the earlier complaint.
Superintendent of Police Anoop Kumar Singh stated that it remains unclear if the murders are linked to the previous case. Poonam had lodged an FIR against Chandan Verma in Rae Bareli on August 18 under the Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act, 1989, and for eve-teasing. She mentioned that Verma should be held accountable if anything happened to her family.Upon hearing gunshots, neighbours rushed to the scene and found the family dead at the back of their house. The police have formed teams to investigate further. Local Intelligence Unit and Special Operation Groups are also involved in the investigation.
Authorities' Response
District Magistrate Nisha Anant and SP Anoop Singh were present at the crime scene, with senior officials from Lucknow also heading to Amethi. The incident site is approximately 60 kilometres from the district headquarters. Inspector General of Police Praveen Kumar noted that there were no signs of forced entry, suggesting the attackers might have been known to the victims.
Chief Minister Yogi Adityanath expressed his sorrow over the incident. He stated in Hindi on X that "The incident that happened in Amethi district today is highly condemnable and unforgivable." He assured that strict legal action would be taken against those responsible.
Political Reactions
Former Chief Minister Akhilesh Yadav questioned the state's law and order situation in a cryptic post on X: "Koi Hai? Kahin hai? Is anyone there? Is someone anywhere?" Congress MP from Amethi Kishori Lal Sharma criticised the government over these murders. He described it as a heart-rending incident that has left the entire Amethi community upset and angry.
Sharma wrote in Hindi on X about how miscreants brutally killed Sunil Kumar, an assistant teacher, along with his family. He blamed the government's poor law enforcement for this mass murder and demanded immediate arrest and harsh punishment for the criminals.
The police are reviewing CCTV footage from nearby cameras to identify those responsible for this heinous act. As investigations continue, authorities are determined to bring justice to the grieving family.
CHENNAI: Governor RN Ravi on Wednesday lamented that there has been an alarming 40% surge in crimes against Dalits during the past three years in Tamil Nadu, despite the pervasive noise on social justice in the state. He said the conviction rate in rape cases involving Scheduled Castes victims in Tamil Nadu is shockingly half of the national average.
Tribal youth beaten up, made to drink urine, left thinking he was dead, family tells the whole story
UP Crime: After the video went viral, Sonbhadra police has arrested the main accused.
Ashutosh Kumar Singh
Evening time. Several people are attacking a youth. The youth’s body is bleeding, his clothes are torn but the attackers in the group are beating him with kicks and punches. Then one of the attackers grabs the youth’s hair and starts urinating on his face. One of the crowd trampling him with feet screams, “Will you say anything? We will cut you into pieces and throw you here #%&..”
All this is visible in the viral video on social media. In Sonbhadra, UP, a 22-year-old tribal youth was beaten badly by goons and also urinated on him. After this, a video was made and made viral. Police has taken the main accused into custody. 2 teams have been deployed to catch the other 4 accused.
“Stopped at gunpoint, made to drink urine, left thinking he was dead”
Kamal Kharwar* (name changed to hide identity) of the Scheduled Tribe community lives in Shaktinagar, Sonbhadra. This incident happened with him.
According to the complaint filed by the family, Kamal had gone to drop a friend to T-C-A Colony that day. Then the main accused Ankit Bharti stopped the car in front of the railway culvert near barrier number 1. The second accused stopped Kamal at gunpoint while another accused started hitting him with a rod. Apart from this, 4-5 more boys came who also attacked him with a knife. Finally, thinking Kamal was dead, they fled from there.
“Kamal was kidnapped and made to drink urine, he was beaten with a rod and left half dead. The leaders of the gang that carried out this heinous crime are Ankit Bharti and Shravan. This gang does bike theft, mobile-chain snatching, selling drugs and beating people for money.” Family in the complaint given to the police
Complaint given by the family
The victim’s brother while talking to Quint Hindi said that Ankit Bharti and his gang had attacked Kamal before this as well. At that time Kamal was attacked with a knife on his neck and the marks of the knife attack are still there on his neck. The brother alleges that the police did not take any action then.
In the complaint given by Kamal’s family, it has been told that at least 4 FIRs were registered against Ankit Bharti earlier in 2022 and 2023.
Main accused in police custody, team formed to catch 4 others
Additional Superintendent of Police Kalu Singh said that on the evening of 26 September, around 7 pm, near Barrier No. 1, the victim Kamal Kharwar was surrounded by the main accused Ankit Bharti and seven-eight other youths and beaten up. After this, the victim was also urinated upon while other youths stood and kept making a video of it.
According to the information given by the police, the accused who carried out the incident are from the victim’s locality.
After the incident, the victim’s family took him to Baidhan Hospital in Madhya Pradesh for treatment. No information was given by them to the police station or UP-112. However, after the video went viral, the police of Shaktinagar police station took cognizance of the tweet and contacted the victim’s brother.
Talking to The Quint, Pipri Circle Officer Amit Kumar said that the victim also has 2-3 cases registered against him and he used to work with the main accused Ankit Bharti on many occasions. However, Kamal’s brother has denied this.
FIR registered in the case
The FIR was registered on the basis of the complaint of the victim’s brother in which 5 named accused were made on the basis of the following sections:
- Section 191(2) of the Indian Penal Code (IPC): Punishment for the offence of simple riot
- Section 191(3) of the IPC: Violence with deadly weapon in an unlawful assembly
- Section 190 of the IPC: Related to offences related to unlawful assembly
- Section 115(2) of the IPC: Punishment for the offence of voluntarily causing hurt
- Section 352 of the IPC: Intentional insult with intent to disturb public peace
- Section 351(2) of the IPC: Punishment for criminal intimidation
- Section 109 of the IPC: Offence of attempt to murder
- Section 117 (2) of the IPC: Punishment for the offence of causing grievous hurt
- Section 133 of the IPC: Insult Assault or use of criminal force with intent to commit
- 7 CLA Act: Molestation of a person with prejudice towards employment or business
Update given by the police in the case
The police has taken the main accused Ankit Bharti into custody while two police teams have been deployed to arrest the remaining four accused – Shravan Kumar, Pritam, Nikhil Kumar and Ravi Ravan.
Courtesy : Hindi News
Dalit Pradhan sitting on the chair did not stand up in respect, in Fatehpur, the strongman beat him with kicks and punches
This incident is from Ekdala village of Fatehpur district. Village Pradhan Kamlesh Sonkar alleges that he was sitting on a chair outside his house. Vipin Singh of the village was passing from the front. Seeing the Pradhan sitting on the chair, Vipin started abusing him.
Edited by Vaibhav Pandey
- Strongman beats Dalit Pradhan in Fatehpur village
- Strongman beats Pradhan for not standing up from the chair
- Police registered a case, the matter is being investigated
Dalit Pradhan beaten up in Fatehpur
Irshad Siddiqui, Fatehpur: In Fatehpur district of Uttar Pradesh, a Dalit Pradhan had to pay a heavy price for not getting up from the chair in respect of the strongman. Actually, the strongman who was passing in front of the house got furious on seeing the Dalit Pradhan sitting on the chair and beat him fiercely with kicks and punches. The local police station has registered a case against the accused and started investigating the matter.
This case is of Ekdala Gram Panchayat in Kishanpur police station area of ????Vijaipur block. The current Pradhan of the village is Kamlesh Sonkar. He comes from the Dalit community. In the complaint letter given to the police, the Pradhan told that on Thursday night at around 8 o’clock, Pradhan Kamlesh was sitting on a chair in front of his door. Meanwhile, Vipin Singh, a resident of Sarouli village of the police station area, was passing in front of the Pradhan’s house. Seeing Kamlesh sitting on the chair, the bully Vipin became furious and started abusing him using casteist words. He also said that how dare you sit on the chair in front of me.
A crowd gathered at the spot
It is alleged that when the Pradhan protested, he was kicked and punched and thrown off the chair. Due to the noise during the argument, the people of the neighborhood gathered at the spot. Seeing this, the accused fled from the spot threatening to kill him. Police station in-charge Hemant Kumar Mishra said that a complaint of assault has been received. A case has been registered against the accused under relevant sections. The matter is being investigated.
About the author
Vaibhav Pandey
Assistant News Editor at Navbharat Times Digital. Science student till graduation. After this, did post graduation in media. Started journalism journey from Lucknow which reached the city of Nawabs via Agra, Delhi-NCR. Worked in Dainik Jagran print for a long time.
Courtesy : Hindi News
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