Chief Justice of India Altamas Kabir on Saturday said that the Delhi gang-rape incident on December 13 was not “unique”, but one among many.

“What happened on December 16 in Delhi was sad and bad and something extraordinary, but at the same time not unique. This was made into a kind of an iconic situation,” Kabir said at an event organized by the Calcutta high court here to mark International Women’s Day.

“The girl named Nirbhaya or Damini who died after the brutal attack on her was not an isolated incident,” he said.

“The next day, the newspaper headlines screamed in outrage against the incident. But at the same day, the news of gang-rape of a 10-year old dalit and who was burnt subsequently was tucked away in the inside pages devoting only five to ten lines,” he said.

“The family of the Delhi gang-rape victim was given huge compensation by governments and various bodies. But what happened to the little dalit girl? Did her family get anything?” he wondered.

“We need to take these people by scruff of the neck to show that this is not the way to deal with woman,” the CJI said.

Kabir said that the society was in the habit of making icons.

“The main issue is the weird mindset which the men have towards the female sex,” Kabir said.

Assuring speedy justice to the perpetrators of the heinous act, Kabir said that he had asked the chief justice of Delhi high court to open a fast track court to start trial in the case.

“The case has been dealt on fast track basis to show that we also mean business,” he said.

Referring to the sixth accused who was a juvenile, Kabir said that there was demand from many that he be also tried in the same court.

“How is this possible? The accused is a juvenile and it is forbidden under Juvenile Justice (Act),” he observed.

“These are all knee-jerk reactions which have to go. Permanent solutions would have to be found,” he said.

He said that there were several legislations which were intended to protect women in the country like Protection Against Domestic Violence Act Section 498(A) and Hindu Marriage Act among others.

“But some of the legislations are misused like 498 (A),” he noted.

Kabir also called for a change in the mindset for a ushering in a long-term solution to these problems which the society was facing at large.

FIR has been lodged on 2/4/2013 in Behror Police Station Alwar Rajasthan under SC/ST and IPC ACT against the President of Block Congress Committee Behror, Mr. Dharamveer Arya, Former Chairman of Nagar Palika Behror and Congress Leader, Mr. Sitaram Yadav, Former Congress MLA Candidate Mr. Behror Dataram Yadav, Advocate Mr. Vinod Kumar yadav, Former Jila Parshad Mr. Mahender singh yadav. However Police has not arrested anyone yet.

Sub:- Deprivation of rights given under the Constitution of India and the Schedule Tribes (Prevention of Atrocities) Act, 1989 and sections of Indian Penal Code, Police Station Behror, Distt. Alwar, Rajasthan.

In Re:- F.I.R. No. 193 dt.2.04.2013, under sections of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 and sections of Indian Penal Code, Police Station Behror, Distt. Alwar, Rajasthan.

Sir,
1. I am a bonafide and law abiding citizen of India and I am belong to the Schedule Caste.
2. That I am living in village Gugadia (Behind CISF Training Centre), Post Basai, Teh. Behror, Distt. Alwar, Rajasthan, and I am running the institute namely The Bhartiya Parshikshan Sansthan, at village Bijorawar, Post office Maharajawas, Teh. Behror, distt. Alwar, Rajasthan. This institute is imparting education in the field of teacher training.
3. That for the last one year the accused persons as mentioned in the above said F.I.R. have been harassing me and they have been leveling false and frivolous allegations against the Bhartiya Parshikshan Sansthan, at village Bijorawar, Post office Maharajawas, Teh. Behror, distt. Alwar, Rajasthan. It is pertinent to mention here that after much efforts the above said F.I.R. was registered against the accused persons but these accused persons have not been arrested by the Police till today, as these accused persons are so called “Dabang” of the area and the local police do not muster the courage to arrest them.
4. That because of fear from these accused persons, I am forced to leave my work palace and my residence and all the times I do have apprehension that these accused persons can get me killed. That in the above said F.I.R. I have given the detail of criminal acts committed by these accused persons and the name of these accused person are mentioned in the F.I.R.
5. That I have reasonable apprehension, that these accused persons may cause attack on my working palace or institute and on my residence. These accused persons have given me threat that they may get me killed any time and this instance was reported by me in the above said F.I.R.
6. That under the article 21 of the Constitution of India I have right to live with dignity and freedom. That under the provision of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 & Rules 1995, I have got the right to live with dignity and the provision for security to the individual of S.C. has been given in the said act. That under the provision of the Constitution of India and the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 & Rules 1995, it is the duty of the state Govt. to protect me from the atrocities and to give me the security.
PRAYER:-
It is therefore respectfully prayed that:-
(a) The accused persons in the above said F.I.R. be arrested and the legal proceeding be started against them
(b) That the arms licenses of the accused persons be revoked/cancelled immediately.
(c) That the security be provided to me so that my property and life may be saved from these accused persons.
Complainant
Yogesh Attray
S/o Late Sh. Anubhavanand Shastri,
R/o Village Gugadia (Behind CISF Training Centre),
Post Basai, Teh. Behror, Distt. Alwar, Rajasthan.
Office address:- Bhartiya Parshikshan Sansthan,
Village Bijorawas, Post office Maharajawas,
Teh. Behror, Distt. Alwar, Rajasthan.
Mob. No. 9602709999, 9868229307,
Phone no. 01494291103

SIDDHARTH KARA is a former investment banker turned award-winning author and an expert on forced labour. He holds a dual appointment at Harvard University’s FXB Centre for Health and Human Rights and at the Carr Center for Human Rights Policy. His new book, “Bonded Labor: Tackling the System of Slavery in South Asia”, is the result of 11 years of research into human trafficking and modern-day slavery. He estimates that between 18m and 22.5m, people are currently in debt bondage worldwide, with roughly 85% of them in South Asia. He spoke to The Economist.

Q: What is bonded labour, and why do you call it “modern slavery”?

A: In broad strokes, bonded labour, or what’s often called debt-bondage, is a form of feudal servitude, where credit is exchanged for pledged labour. The class in power will often coercively extract and extort far more labour out of the debtor than the fair value of the credit they received. Sometimes an entire family can endlessly work off a meagre loan taken years before. More than half of the world’s slaves are bonded labourers and the products made by them permeate the global economy.

Q: So why does it persist today?

A: Bonded labour persists due to a plethora of forces: poverty, caste-based bias, corruption, social apathy. It’s also an ancient modus of servitude that has evolved as a source of labour for the global economy. I traced the supply chains of products tainted by child labour and bonded labour in South Asia all the way to retail sale in America.

Q: You said people enter into bonded servitude involuntarily. Why does that happen?

A: They are desperate for credit. The immediate reasons vary: food, consumption, shelter, when someone falls sick, money for a funeral, someone is getting married, to rebuild after a monsoon or natural disaster. They need money for the basic needs and rituals of life. The only asset they have as collateral is their physical labour.

Q: Why does bonded labour mostly take place in South Asia?

A: It is very much tied to the system of caste. Nearly all of the bonded labour cases I documented in South Asia are out-caste or low-caste individuals. These are the most disenfranchised, the most impoverished, the most exploited, and there is kind of a general social acceptance: this is the lot for these people, this is their outcome.

Q: How do the land owners and creditors keep these people in servitude?

A: Sometimes there is physical violence, but the most powerful force that keeps people ensnared in debt bondage is the lack of a viable alternative. If you ask someone who is in bonded labour, they know they are working off this debt for years and years, it should long ago have been discharged, and you’ll say “would you rather do something else?” and they’ll say “yeah, what? There is nothing else. I will starve if I don’t do this. The meagre pennies that I get for this is more than zero pennies and so my alternative is oblivion”. The owners know this, the contractors know this, they know that the alternative for these out-caste peasants is nothing, so they have no choice.

Q: Are there any sectors that seem particularly prone to use the products of bonded labour?

A: Well, yeah. Often times the supply chains for these products can be very complex, so sometimes a company that’s importing goods may not realise exactly what’s going on on the far side of their supply chain. The industries that have the highest prevalence included products like rice, tea, coffee, but also things like frozen shrimp and fish, granite for your counter tops, cubic zirconia, hand woven carpets, sporting goods, apparel, the list goes on and on. Construction is another one, including office buildings for international companies, or major road construction and infrastructure projects.

Q: To what extent does bonded labour a problem of globalisation?

A: The global economy is a powerful force [that creates] demand. A company can scour the globe for under-regulated labour markets in order to benefit from cheap wages. Labour is almost always the highest cost component in a business, so if you can minimise or virtually eliminate labour costs you are saving a lot of money. The global economy does look for and demand and feed on these systems, which stimulates their persistence.

Q: Yet even with the demand from globalisation, you say bonded labour is largely concentrated in South Asia.

A: Bonded labour didn’t need the global economy to exist and persist in South Asia. It is concentrated in South Asia, and South Asia needs to take responsibility. I don’t see how the region, and particularly India, can be considered a legitimate global economic leader so long as it allows these types of offences to persist.

Q: You say in your book that it’s actually illegal in India.

A: Oh yes! Bonded labour was abolished by a comprehensive national law in 1976. With the passage of that law there was an initial flurry of activity, but after the first few years [enforcement has been] really very meagre.

Q: So what can be done?

A: The Indian government needs to fulfil the promise of the 1976 act and the 1982-83 Supreme Court cases. That means punishing offenders, empowering victims, and altering the system of labour so people can earn a living wage, because it’s the absence of that that makes them vulnerable to exploitation. They have to make it so that this system is no longer perceived as an acceptable and beneficial way of treating workers. Indian people need to demand this, they need to be affronted by the fact that so many millions of their countrymen and women and children are exploited.

SOurce: The Economist

The House of Lords in the UK has voted to outlaw caste discrimination among South Asians, a move hailed by activists as a major step in combating the social menace.

Discrimination on the grounds of caste should be outlawed in the UK, peers said as they defeated the government in a vote in the upper house of Parliament yesterday.

The government opposed the move, saying it had set up an education programme to tackle caste discrimination.

But peers said this was not enough, and the law needed to be changed. The government was defeated by 256 to 153.

The defeat was the second of the day for the government, with peers also challenging the government over the role of the Equality and Human Rights Commission in promoting a more equal society.

Caste Watch UK has been campaigning for caste-based discrimination to be included in the country’s equality laws, which would give nearly one million lower caste south Asians in Britain the same legal protection as people who face mistreatment on the basis of gender, sexuality or race.

“We have the support of not only the Dalit community but all Asian communities in the UK, including Hindus, Sikhs and Muslims, who believe that unless this law is passed the UK’s Equality Act 2010 is not worth the paper it is written on,” Davinder Prasad, general secretary of Caste Watch UK said.

Source: Indian Express

To,
The Chairman,

National Human Rights Commission, New Delhi.

A. COMPLAINANT’S DETAILS

1. Name: Manuski Trust
State: Maharashtra – 411006

B. Incident Details

1. Incident Place: Kharwandi, Ganeshwadi, Taluka: Newasa
2. State: Maharashtra
3. District: Ahmednagar
4. 1st January, 2013 C. Victim Details

1. Name of Victim
a. Sandeep Thanwar Male 26 Yrs Kinhi, Bhusawal, Jalgaon
b. Sachin Gharu Male 22 Yrs Erandol, Jalgaon
c. Rahul Kandare Male 20 Yrs Malkapur, Buldhana

2. No. of Victims: 3

3. State: Maharashtra

4. Religion: Hindu

5. Caste: SC

D. Brief Summary of facts allegations of human rights involved (Please see Appendix attached as Facts and Observation)

E. Whether complaint is against Members of Armed Forces/ Para-Military

F. We request the Chairperson, to

a. The matter should be given to CID for further investigation b. Immediate Relief and Compensation to be given to victims family c. The matter should be referred to special court and expedite the matter in 120 days..

*

 

After interviewing with the relatives of the deceased victims, villagers and police officials we are forwarding herewith the following observations of the fact finding committee.

1. The three deceased

1. Sandeep Raju Thanwar ( Age : 26, Resident of Village Kinhi, Taluka Bhusawal, District Jalgaon),
2. Sachin Sohanlal Gharu (Age: 22, Resident of Erandol , Jalgaon),
3. Rahul Kandare (Age: 20, Resident of Malkapur, District Buldhana) were working as Manual Scavengers at Trimurti Education society, Nevasa phata, District Ahmednagar. All of them belong to Mehter community (Scheduled Caste). All the three victims are migrated to the said village and stayed on the campus in the Trimurty School.

2. On 1st January 2013 Sandeep Thanwar received a phone call from one Mr Ashok Navgire informing him to reach the residence of Mr. Popat Vishwanath Darandale at Ganeshwadi Nevasa to clean the septic tank. Sandeep Thanwar along with Sachin Gharu and Rahul Kandale left for the residence of Poapt Darandale at around 11:00 am.

3. At around 8:30 pm Kapil Raju Thanwar, younger brother of Sandeep, received a phone call from Sonaii Police Station that dead body of Sandeep Thanwar in found in the Septic tank of Mr. Popat Dharandale. Kapil Thanwar rushed towards the residence of Mr Popat Thanwar. Kapil inquired with Mr Paraksh Dahrandale and Popat Dharandale about Sachin Gharu and Rahul Kandlae. He was informed that both of them left the place of incidence.

4. On 1st January 2013 at around 10:40 pm one Mr. Mukesh Changre, a relative of Sachin Thanwar filed a complaint in the Sonaii Police station. The dead body of Sandeep was thereafter send for postmortem.

5. On 2nd January 2013 the relatives of Sandeep received a phone call from the Sonaii police station that dead body of the other two members was found in the agricultural land of Mr Ramesh Darandale at Ganeshwadi, Nevasa. After visiting the spot where the dead bodies were found, people witnessing were shocked to see the dead body of Sachin Gharu. Both of his lower limbs were amputed from the knees and both the upper limbs were amputed from the shoulder. Also his head was chopped from the body. There were marks of injury on the head of Rahul Kandare. His dead body was also found near to the dead body of Sachin Gharu. Dead body of Sachin Gharu and Rahul Kandale were sent for Postmortem.

6. F.I.R was filed at Sonaii Police Station on 2nd January 2013 at 9”00 p.m. The Police arrested Mr. Ramesh Darandale, Prakash Darandale, Sandeep Kure Ashok Navgire and Popat Darandale. They were charged under section 302, 201 and 34 of the Indian Penal Code. On 5 th January 2013 after a representation made by the some social activists to the District Collector Ahmednagar the Accused s were charged with section 120(b) of Indian Penal Code and Section 3(2)(5) of Scheduled Caste and Scheduled Caste (Prevention of Atrocities Act) 1989.

7. The fact finding committee also perused the postmortem report of all the three victims. In the report of Sandeep Thanwar the Doctor made an opinion that the death is due to cardio respiratory arrest due to asphyxia due to drowning. The body was stained with fecal matter. But it is pertinent to note that no faecal matter was found in the mouth or lungs of the dead body. The stomach was empty. Neither water, nor faecal matter nor food material is found in the stomach. This creates a strong suspicion that Sandeep Thanwar might have been killed

by strangulation and then thrown in the septic tank. In case of the postmortem report of Sachin Gharu, the report do mention about the amputed limbs and head of Sachin, but what is surprising is that the report mention that the dead body was found wearing a jeans pant and a baniyan. If his lower limbs are amputed from the keens then in such a case jeans pant should have been torn. But the Postmortem report doesn’t mention the same. On the contrary it does mention that mud is stuck to all over the body, clothes wet with water. Thus it is possible that Sachin was made naked, killed, and then clothes were put on his body.

All the three victims belong to scheduled caste community. There is a whisper amongst the villagers that there was a love affair between Sachin and a girl from the Darandale family. This love affair was not appreciated by the family members of Darandale. This seems to be a case of Honour killing. The Police are investigating the case but has not yet been able to find out the motive behind this heinous murder.

<
There is no further development in the investigation. The accused are upper caste Hindus having a strong political influence in the locality. There is a sense of fear in the minds of the members of Scheduled Caste Community in the locality.

Members of Fact Finding Team:

Dr. Nitish Nawsagary, LLB LLM Ph D
Dr. Sidhartha Dhende
Adv. Sidhartha Shinde
Adv. Arun Jadhav, Member NHRC
Ms. Manisha Tokale
Mr. Sunil Chavan
Adv. Priyadarshi Telang
Mr. Rajendra Kale

Assaulted, near fatally injured, molested, pushed off a cliff and left for dead, reports Divya Sarathy.

Exclusive Report

*

 

These were definitely not the thoughts that were running through  Vaibhav’s and Mohini’s minds before they set out on the evening of  January 22, 2013 to their village temple. But these are the words that  describe what happened to them on that fateful evening, just two days  after their much anticipated wedding.

 

The Incident

They were followed by three men on motorcycles as they traveled to  the temple situated along the cliffs near Kulakjai Village (Maan Taluka,  Satara District, Maharashtra) around 5.30pm. The temple is situated  outside the village.  The area is generally deserted. As they finished  visiting the temple the three men attacked the newly wedded couple  without warning or provocation. Vaibhav and Mohini were taken to edge of  the cliffs. There they were beaten repeatedly and assaulted with  stones. Mohini was forced by the men to watch as they continued to  brutalize Vaibhav. While their phones were taken away, Mohini was forced  to hand over all the gold she was wearing. The assaulters then tried to  pull her sari off.  She was told that if she did not “cooperate” with  them she would have to watch Vaibhav being done to death, and that she  would be responsible for that happening. In trying to resist them, she  held on to one end of the sari. Vaibhav threw a stone at the one doing  this. Following this the man let go of the sari because of which Mohini  fell off the cliff from a height of 300 feet and lost consciousness. Thinking  her to be dead, they turned their focus completely onto Vaibhav and  kept hitting his head with rocks. When it seemed to them that he was  passing out due to all the injuries, including a serious head injury (later  identified as a cracked skull), the three men threw him off the cliff.  Believing the couple to be dead, they left the place.

 

Mohini regained consciousness after about an hour and began climbing  up the cliffs. She did this in spite of the serious injuries she had  suffered all over her body, in addition to the various internal  injuries. Vaibhav, who was slipping in and out of consciousness at that  time, was able to call out her a couple of times before passing out  completely. This allowed Mohini to find him, who then pulled Vaibhav up  to a place of relative safety amongst the cliffs. Upon reaching the top,  Mohini was able to make contact with some people living near the  temple, with whose help she called her maternal home. They then alerted  Vaibhav’s family, who put together a search party to find and rescue  him. Vaibhav was found and rescued a couple of hours later and both of  them were rushed to the hospital. Vaibhav was admitted to the ICU due  the grievous nature of his injuries.

 

Their condition stabilized only two days after the incident. Vaibhav  is at present out of the ICU. Mohini has suffered many internal injuries  and is unable to eat solid food to date. An FIR was lodged with the  Dahiwada Police Station on January 24, 2013. Statements from Mohini and  Vaibhav have been recorded by the police. The police have registered a  case of robbery with grievous injury. The couple has identified the  perpetrators and one arrest has been made as of January 26, 2013.

 

The Background

While prima facie this incident is being considered as a case of  robbery, the magnitude of brutality meted out to Mohini and Vaibhav  should force one to examine the larger context of the case in detail.  Motive of robbery alone instigating such violence is questionable.  Mohini has stated to the police that the men who assaulted them were  speaking and laughing to each other before throwing Vaibhav off the  cliff. One of them reportedly said, “Aata yanchya gharcha dusra gela! (There! One more person of the family is now dead!)” This statement by itself should be seen as one that weakens this case  as one of mere robbery. A brief look into the family history will  provide further clarity.

 

Vaibhav’s paternal uncle, Shri Madhukar Ghadage, was murdered in  April 2007 over a land dispute with a family belonging to the dominant  Mali caste (Kulakjai Village is home to 30 Dalit families, while the  rest are Malis). This murder definitely had caste based overtones and  the case was registered under the Prevention SC/ST Atrocities Act.  Eleven persons were arrested. The prime accused in the murder case, Mr.  Bhivaji Kapse, is the maternal cousin of the sitting MLA of Maan, Mr.  Jaikumar Gore. Mr. Gore exercises significant clout and influence over  government officials in the area. He is known to be close to  Mr  Prithviraj Chavan, presently the sitting Chief Minister of Maharashtra.  There were many obstructions to the process of investigation in this  case which can only be traced back to pressure from higher authorities.  Consequently, all the accused were let out on bail by the Sessions  Court. The case is presently pending at the High Court with the hearing  date yet to be set. Meanwhile all the accused remain to out on bail.

 

Last year, around October, the farming equipment and fields of the  Ghadage family at Kulakjai were sabotaged. This led to the family  incurring financial losses. The perpetrators of the farm incident could  not be positively identified, though the family has strong suspicions  that the family of the prime accused in the murder case is involved.

 

The prime accused in the Mohini-Vaibhav assault case, Navnath Kapase,  is also an accused in the murder of Shri Madhukar Ghadage. He is the  son of Bhivaji Kapase (who is the the prime accused in the murder case) and nephew of the MLA, Mr. Jaikumar Gore.

 

With this background thus established, the alleged motive of robbery  in the latest incident of violence on Vaibhav and Mohini comes under  serious doubt. The impunity with which Navnath Kapase has dared to  commit such a crime while out on bail for murder, should give one  further food for thought.

 

 

Implications

 

The Ghadage family is in constant fear of further harm befalling  them. They are worried about the safety and security of all family  members. The social and economic progress of the family has been  thwarted at every step. Members of the family are being systematically  targeted one after another, at regular intervals. Yesterday it was Shri  Madhukar Ghadage and today it is Vaibhav. Tomorrow it could be anyone  else in the family. The perpetrators need to get the message that they  cannot expect to go scot free for the crimes they commit just because of  their upper caste affiliations and the resultant connections in high  political places.

 

Action Required

1. The case has presently been registered under very weak sections in  comparison to the nature of crime i.e. sections 394 (robbery) and  Section 34 (common intent). Also the caste overtones in the case need to  be examined. This incident cannot be considered an event in isolation,  but one in a series of actions aimed at systematically disrupting the  lives and livelihood of the various members of the Ghadage family in  Kulakjai Village.
2. That this case be brought under the purview of the Prevention of Atrocities Against SC/ST Act.
3. That the case be registered as one of attempted murder, as the details clearly imply.
4. It should be ensured that the Investigation Officer and  investigation process in the matter of the Mohini-Vaibhav assault is not  influenced by politicians.
5. That the Shri Madhukar Ghadage Murder case pending with the High Court is fast tracked and hearing dates set immediately.
6. That the bail of all accused in the murder case be cancelled with  immediate effect as they are a constant threat to the family, as they  have already demonstrated.
7. That the safety and security of the Ghadage family is ensured at Kulakjai village.

 

Please contact the following people if you can be of proactive assistance in ensuring justice for this family at the earliest.

 

Tushar Ghadge – +91 90962 49712 / +91 75886 96559

Mayank Sinha – +91 80802 67769

 

A detailed report  with all facts and details of the case (including latest updates) is  available on request with the aforementioned people.

 

 

PS – This issue is slowly getting regional and  national media coverage. A piece has appeared in The Hindu dated January  29, 2013 (http://www.thehindu.com/news/states/other-states/five-years-after-kin-murder-dalit-family-attacked-again-for-pursuing-justice/article4354611.ece).  IBN Lokmat had featured this on their primetime show on January 28,  2013 at 9 pm with a repeat telecast on 12 am.

 

PPS – The above piece is based on inputs from Tushar Ghadage, Mausumi Chetia and others as of 28/01/2013. It is accurate to the best of my knowledge. Discrepancies, if any, are solely my responsibility.