INDIA: Caste based discrimination and assaults against Dalits are on the increase in Uttar Pradesh

1 June 2007
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UA-173-2007: INDIA: Caste based discrimination and assaults against Dalits are on the increase in Uttar Pradesh

INDIA: Caste based prejudices; frequent attacks; police inaction; crisis in rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner the People's Vigilance Committee on Human Rights (PVCHR) in Uttar Pradesh (UP) regarding the alarming increase in the number of attacks against the members of the dalit community in the state. It is reported that after the defeat of the former administration led by Mr. Mulayam Singh Yadav in the state election, the Yadav community is showing tendencies of being impatient and violent against the dalits. The Yadav community is one among the backward castes within the caste structure; but this community has become powerful - economically and socially - and the sociologists in India now prefer to call this caste as intermediate caste rather backward caste. The following cases are some examples of violent repercussions of the Yadav community against dalits.

CASE 1:
Mr. Virendra Sonkar is a resident of Shankarpur village in Varanasi district, Uttar Pradesh and belongs to Khatik community of the scheduled caste. Shankarpur village is dominated by Yadav community. He is 20 years old and a student of Bachelor of Arts. Virendra’s parents are agricultural labourers.

On May 11, 2007 at about 4pm Mr. Manoj Yadav, son of Nakhdu Yadav and the nephew of one Mr. Rajesh Yadav, son of Mr. Shyam Narayan came to Virendra’s land and started plucking unripe guava from the trees. When Virendra and his cousin’s sister Ms. Sunita asked them to stop they began to abuse them indicating Virendra’s and Sunita’s caste and went away threatening them that they would be taught a lesson soon.

Within an hour they returned with about 25 - 30 people from the Yadav community and started verbally abusing Virendra referring to his lower caste. The verbal abuse turned into physical assault. Rajesh held Virendra by his throat. Manoj hit Virendra on the right side of his abdomen. When Virendra started crying, his neighbours and other villagers also gathered and intervened and the crowd left.

The next day, on May 12, in the morning at about 7am when Virendra was on his way to the village market he stopped at a local teashop and was reading newspaper. At this time Manoj Yadav, Vinod Yadav and Rajesh Yadav approached Virendra and assaulted him. Virendra’s family members and other villagers came to the spot and intervened and Virendra was allowed to leave the place. On the same day when Virendra again got out from his house Manoj, Vinod, Rajesh and Manoj’s relatives came and surrounded Virendra and started beating Virendra with iron rods. They also took 250 rupees from Virendra and threatened that if Virendra filed any complaints he would be killed. Virendra suffered the following injuries:

1. Aberration and contusion on the right middle finger, 2. Contusion on the right side back, 3. Contusion on the left buttocks, 4. Contusion on the left side back and 5. Aberration and contusion on left wrist. These injuries are also noted in the medico-legal report prepared at about 3.15pm by two doctors at the Community Health Centre on 12 May 2007.

Virendra had informed the incident to the Station House Officer of Chaubepur Police Station Mr. Praveen Yadav on 12 May 2007 and also to the Senior Superintendent of Police, Varanasi district on 20 May 2007. Even as of today, no action has been initiated against the accused.

CASE 2:
Mr. Lalji Ram is also a resident of Shankarpur village. Lalji is from the Chamar caste, a scheduled caste community.

On April 17, 2007 at around 7am Lalji and his wife Ms. Nagina Devi went to the village tube-well and demanded water for watering his crop. At this time Mr. Nathuni, son of Mr. Nakdu Yadav and Mr. Dina, son of Mr. Sadu Yadav began to abuse Nagina using filthy language referring to their lower caste. Lalji protested against this. But in response to Lalji’s protest Nathuni and Dina assaulted Lalji, his wife and also their son Sunil who as also present at the place by this time. They attacked Lalji, Nagina and Sunil by punching and hitting them. Nagina went to the Chaubepur Police Station and filed a written complaint with Mr. Praveen Yadav. The officer assured Nagina that the police would take actions against the perpetrators.

Meanwhile on April 24, at around 8am when Mr. Lalji was talking with his fellow villagers Mr. Lachiman, son of Budhiram and Mr. Ramkhelawan, son of Pannalal, in the village, Nathuni and Dina approached them and started abusing them using filthy language. Nathuni and Dina said “…you Chamar (indicating their caste) how do you dare complain against us? Mr. Praveen Yadav, the Station House Officer of the Chaubepur police station is our relative…” and they began to beat Lalji. Mr. Awadh Narayan Singh, Mr. Jhunnuram, Mr. Baijnath, Mr. Shyamlal, Mr. Sunil, Mr. Brighunath and several other villagers came to the scene and intervened to save Lalji. As a result of the beating, Lalji was seriously injured and he had to undergo medical treatment.
Lalji complained to the Senior Superintendent of Police of Varanasi on 24 April 2007 about the incident but no action has been taken against the perpetrators.

The medico legal report prepared by two doctors at the Primary Health Centre of Chiraigaon at about 9.30am on 24 April, 2007 shows six injuries on Lalji and the doctors are of the opinion that the injuries were caused by blunt trauma.

CASE 3:
Mr. Mithailal alias Mithairam, son of Mr. Ramdhani is a resident of Gaurdih village in Varanasi district, Uttar Pradesh. He belongs to Chamar community.

On May 18, 2007 at about 3pm Mithailal’s cow entered the fields of Mr. Savaru Yadav, son of Buddhu Yadav. Savru began to beat the cow and when Mithailal opposed it, Savru became angry and attacked Mithailal with his stick. Savru was joined by Mr. Panaru Yadav, son of Bubanu Yadav. When Mithailal’s nephew Mr. Balkaran went to rescue Mithailal he was also beaten by Savru and Panaru. As they were being beaten Mr. Natthu, Mr. Paras and Mr. Jiut came from the village and saved Mithailal and Balkaran. When Mithailal and Balkaran were leaving from the place Savru and Panaru threatened them that if they filed any compliant they will be shot.

Mithailal and Balkaran were injured from the assault and they had to undergo medical treatment. The medico-legal examination was conducted on 6.10 pm of 19 May 2007. The report prepared for Mithailal mentions seven injuries whereas the report prepared for Balkaran mentions eight injuries. Both reports mention that the cause of the injuries appears to be from blunt trauma. Both Mithailal and Balkaran complained at the Chaubepur Police Station and to the Senior

Superintendent of Police of Varanasi district on 23 May 2007 but no action has yet been taken against the perpetrators.

BACKGROUND INFORMATION:
Varanasi and other districts of Eastern Uttar Pradesh are highly divided on the basis of caste prejudices. The police department and other government institutions are not immune to this social menace. Caste prejudices of police officials is the reflection of deep rooted caste based discrimination and practices in the society. Police atrocities and police inaction based of caste discriminations are rampant in Eastern Uttar Pradesh.

The Yadav community in Uttar Pradesh belongs to the 'backward community' in the caste ridden Hindu society of India. However, they are not Dalits (untouchables). Since the implementation of the reservation policy, which was intended to bring the lower caste to the main stream, it was communities like that of the Yadavs who have benefited from it.

Backward communities like the Yadavs, though were not considered as Dalits also had faced social ostracism in the past from the upper caste Hindus. However, taking benefit from the reservation policy, the Yadav community has acquired power and authority in the society in Uttar Pradesh. They could not however use this authority against the upper caste. But they use it against the Dalit community who are considered to be lower to the Yadavs in the caste system.

This abuse is purely on the basis of economic and social exploitation. For further details of about the caste system in India and its various dynamics please read further the article entitled ‘The Caste Notion and the Nation’.

Exploiting the new found authority and power, the Yadavs have encroached into the lands of the Dalits and now the Yadavs are considered to be the neo-feudal in Uttar Pradesh. They use every possible avenue to establish their domain over the Dalits, including forcing the Dalits to work for them and resulting in the Dalits to be forced to appalling living conditions.

The exploitation of the poor economic situation of the lower caste, particularly in Shankarpur village is not new. The AHRC has reported instances of starvation deaths from Shankarpur in the past. (For further information please see: HU-08-2005)

The village head of Shankarpur is closely associated with those who are part of the construction mafia from the neighbouring village. This has brought in additional support for the village head in Shankarpur to get way with whatever he did. In the recent past the village head removed the dalit women who were employed to cook food for the mid-day-meal scheme at the local school and replaced them with members from his community. Though a relatively small act, such methods of intimidation send tremors of fear into the minds of the ordinary dalit in the village who is financially dependant upon the relatively rich of the village. The firing of dalit women from their jobs was a reaction of the village head after a case of starvation death was reported from the dalit community of the village. The lesson being, the more one talk, the more the possibilities of being isolated. The act is also a reflection of unbridled authority of the village head, though his office is responsible for the death of a few persons due to starvation.

Any assault or insult in public of a member of the Dalit community is an offense punishable under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. In case an offense punishable under this Act is reported to any police station, the officer receiving the information must immediately inform the Deputy Superintendent of Police or other superior officer higher to the rank of the Deputy Superintendent of Police for investigating the case. This is because no police officer below the rank of the Deputy Superintendent of Police is authorised to investigate a case coming under the purview of this Act.

SUGGESTED ACTION:
Please send a letter to the relevant authorities listed below, particularly to the Chief Minister of Uttar Pradesh Ms. Mayavati, calling for an immediate investigation into the above cases of assault upon the victims by the caste Hindus. Necessary action should be taken against the police officers responsible for inaction. The AHRC is also writing to the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance calling for an intervention in this case.

To support this case, please click: [http://www.ahrchk.net/ua/support.php?ua=UA-173-2007]

Sample letter:

Dear _________,

INDIA: Caste based discrimination and assaults against Dalits are on the increase in Uttar Pradesh

Case 1:
Name of victims:
1. Mr. Virendra Sonkar son of Mr. Ramdhani Sonkar
2. Ms. Sunita, wife of Virendra Sonkar
(Both are residents of Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh)
Alleged perpetrators:
1. Mr. Manoj Yadav son of Nakhdu Yadav
2. Mr. Rajesh Yadav son of Shyam Narayan Yadav
3. Mr. Vinod Yadav son of Nakhdu Yadav
(All are residents of Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh)
Date and place of Incident: 11 and 12 May 2007 at Shankarpur village, under the jurisdiction of Chaubepur police station in Varanasi district, Uttar Pradesh

Case 2:
Name of victims:
1. Mr. Lalji Ram, son of Mr. Neur Ram
2. Mrs. Nageena Devi wife of Mr. Lalji Ram
3. Sunil, son of Mr. Lalji Ram
(All are residents of Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh)
Alleged perpetrators:
1. Mr. Nathuni Yadav, son of Mr. Nakdu Yadav
2. Mr. Dina Yadav son of Mr. Sadhu Yadav
(Both are residents of Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh)
Date and place of Incident: On 17 and 24 April, 2007 at Shankarpur village, Chaubepur Police Station, Varanasi district, Uttar Pradesh

Case 3:
Name of the victims:
1. Mr. Mithailal alias Mithairam, son of Mr. Ramdhani
2. Mr. Balkaran nephew of Mithailal
(Both are residents of Gaurdih village, Chaubepur Police Station, Varanasi district, Uttar Pradesh, India)
Name of the perpetrators:
1. Mr. Savaru Yadav, son of Budhu Yadav
2. Mr. Panaru Yadav, son of Babanu Yadav
(Both are residents of Gaurdih village, Chaubepur Police Station, Varanasi district, Uttar Pradesh, India)
Date and place of Incident: On May 18, 2007 at Gaurdih village, Chaubepur Police Station, Varanasi district, Uttar Pradesh, India

[Mr. Praveen Yadav, who is the Officer-in-Charge of Chaubepur Police Station, Varanasi district, Uttar Pradesh, was presented all the above cases but no action has been taken to stop violence against Dalits and to punish those responsible on grounds for his cast.]

I am writing to you to express my concern about the three cases of atrocities committed against the dalit community in Varanasi district reported from Shankarpur and Gaurdih village. I am informed that in three separate incidents that happened on 17 and 24 April 2007 and 11, 12 & 18 May 2007 the victims named above were assaulted by various persons from the Yadav community.

I am informed that in the first case Mr. Virendra Sonkar son of Mr. Ramdhani Sonkar and his wife Ms. Sunita was assaulted by Mr. Manoj Yadav son of Nakhdu Yadav, Mr. Rajesh Yadav son of Shyam Narayan Yadav and Mr. Vinod Yadav son of Nakhdu Yadav. The incident was started off by the perpetrators intentionally destroying Virendra’s cultivation, which when opposed was silenced by the perpetrators abusing and assaulting the victims, whereby they suffered injuries.

The second case reported from the same village, though it happened in April, before the change of the government, was an incident that was triggered off after a request for water from the common tube-well in the village. In this case the assailants named above, again from the Yadav community, assaulted the father, mother and the child. All the three were injured in the incident.

In the third case the members of the Yadav community from Gaurdih village assaulted Mithailal and his nephew Mr. Balkaran because Mithailal’s cow had walked into the land of one Mr. Savaru Yadav. The arguments, between the victim Mr. Mithailal and the owner of the land Mr. Savaru, resulted in an incident where Mithailal and his nephew were attacked by the Yadavs of the village.

I am concerned about the pattern of these three incidents where individuals of the dalit community in the villages are assaulted by groups from the Yadav community. From the facts of these three cases it is also evident that the situation within the villages that are dominated by the Yadav caste must be tense, particularly after the defeat of the former government which was led by the Yadav leader. The incidents are also a probable reflection of the Yadav or the upper caste community and its apprehension of an increasing dalit resistance in villages. In this context I also wish to bring to your notice the fact that from Shankarpur village in the past there had been reported cases of starvation deaths.

I am also surprised to know that the Station House Officer of Chaubepur Police Station and the Senior Superintendent of Police, Varanasi had not initiated any action against the perpetrators upon the incident even though the cases were brought to their notice in writing soon after it happened. This also suggests the reluctance of the local police to investigate and take actions in cases where atrocities are reported against the dalit community.

I therefore urge you to immediately inquire into the matter and take the following actions:

1. To order an immediate inquiry by the local police against the incidents reported to them regarding the cases mentioned above and to charge the perpetrators named above for the crimes they have committed;
2. To inquire into why the local police failed to take any action in the three cases and;
3. To provide protection for the victims in the case.

I trust that your intervention will be forthcoming in this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Ms. Mayavati
Chief Minister, Chief Minister's Secretariat, Lucknow
Uttar Pradesh
INDIA
Fax: + 91-522-2230002/2239234
Email: csup@up.nic.in

2. Ms. Veena
District Magistrate
Varanasi, Uttar Pradesh
INDIA
Fax: 91 5422501450

3. Justice A.P. Mishra
Chairperson
Uttar Pradesh Human Rights Commission
6-A Kalidass Marg, Lucknow
Uttar Pradesh
INDIA
Fax: + 91 52 2272 6743
Email: uphrc@sancharnet.net

4. The Director General of Police
Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Fax :+91 52 2220 6120, 2220 6174
E-mail : police@up.nic.in

5. Chairperson
National Commission for Scheduled Castes and Scheduled Tribes
Government of India
5th Floor, Loknayak Bhawan
Khan Market
New Delhi 110003
INDIA
Fax: + 91 11 2462 5378
Email: chairman-ncsc@nic.in

6. Mr. Doudou Diene
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
C/o OHCHR-UNOG
1211 Geneva 10,
SWITZERLAND
Tel: + 41 22 917 93 88
Fax: + 41 22 917 9006


Thank you.