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/ We Demand freedom from caste bondage for the 260 million Dalits of Asia

76 Dalit FamiliesAttacked and Ransacked atJindin Haryana

A Preliminary Fact Finding Report

When the news of this Attack reached, NCDHR organized a High Level Fact Finding Team to study the facts and to pressurize the Government and Criminal Justice Administrative systemtoinitiate action to render justice to the Victims.

Fact Finding Team

Rajkumar

Reader at Dayal SinghCollegeDelhiUniversity

Hemlata

Lecturer at DeshbandhuCollege (Eve.)DU

Ramesh

Asara

Sajith

Journalists - Deshabhimani

Suraj Badatya

Editor of the magazine –Yudhrat

Adv.Rahul Singh

Secretary-Legal, NCDHR

Mr. Tanveer

Advocacy Secretary-, NCDHR

Mr.Sanjeev Kumar

Secretary-Delhi Chapter, NCDHR

Mr.Kamal Chand

Monitoring Associate, NCDHR

Abirami

Monitoring Associate, NCDHR

Arun Khote

Secretary Media Desk

The Team visited the place of occurrence on 6th September 2006and met the following persons and officials:

  • Mr.Yudhvir Singh,District Collector,Jind
  • Mr.M.S.Malik, S.P,Jind
  • Mr.I.G.Sher Singh,M.L.A(Congress)
  • Dr.Dhanu Kumar,C.M.O,Civil Hospital,Jind
  • Dr.Vijay Coir,Reader,M.D. Univ.Rohtak (Social Activist)
  • Mr.Hemraj Khatak,Social Activist,Jind

The Findings

76 Dalit Families Attacked and Ransacked at Kila Jaffargarh, Jind in Haryana

Killa Jafargadh is a small village,in Jind District in the State of Haryana. It is situated about 120 kilometers away from the National Capital, New Delhi. The Village has got a Dalit population of200 Dalit families. It witnessed a caste rivalry between Dalits and the dominant caste ‘Jats’, culminating into mass exodus of Dalits,severelyinjuring 14 Dalits, which includes2 Women, ransacking76 Dalit houses and also burning ofa large number ofhouses. On 1stSeptember2006, aviolent mob of about 150 to 200 Jats armed with spears, batons, and other sharp- edged weaponswent on a maddening spree injuring 14Dalits and ransacked 76 houses belonging to a particular Dalit caste ‘Dhanaks’ and ‘Chamar’.

Details oftheIncident and the Role of the Police and District Administration.

  • That on 31, August, 2006 one Dalitnamed, Attar Singh, S/o, Rishal Singhaged about 45 years, a resident of Harijan Basti, organized a religiousceremonypopularly known as ‘Mata Ka Jagran’ with the help of 10-15 Dalit families. Jagran ceremony started at around 9 P.Min the evening.
  • At around 10 PM, despite objection Ten to Fifteen youth from the dominant caste ‘Jats’ community,entered and sat along with the Dalitwomen.The dominant caste youth demanded fora show supposed to be performed by the Orchestra Party which was specially called from Sonipat for singing religious songs. They also teased and pulled clothes of some of the girls belong to the Dalit community.Elderly persons from the Dalit community objected and tried their best to stop all this.
  • At the place of religiousceremonyitself thedominantcaste youth started throwingstones and brickon the Dalit womeninjuring some of the Dalits.There was some scuffle between theCaste Hindu Youthand Dalit families. Therefore, this religiousceremonywas abruptly stopped and Attar Singh immediately called the Police. Seeing thePolice the dominantcaste youthran away.
  • That after some time the religiousceremony started and went on peacefully.
  • On 01.09.06 at around 7.30 pm,the dominant caste ‘Jats’ switched off the village light and a violent mob of 150 to 200 Jats armed with spears, batons, and other sharp- edged weapons went on a maddening spree injuring 14 Dalits and ransacking 76 houses belonging to a particular Dalit caste ‘Dhanaks’ and ‘Chamar’.
  • The dominant caste ‘Jats’ ransacked damagingtheir house hold items such as Fridge, Television, Air Cooler, Household Utensils and othervessels in the Dalit houses. It is also alleged that valuables have been looted from the Dalit houses. Even food grains and cattle were not spared.
  • Police came two hours after the incident and took the injured Dalits to JulanaCivilHospital. Despite the utter pain and agonyof the Dalits,they were not medically treated in the JulanaCivilHospital and were referred to the P.G.M, RohtakHospital.
  • On 02.09.06 three of the Dalits namely OmPrakash,Suresh andRampal were taken to the P.G.M, Rohtak, Hospital.Later 11 injured Dalits were taken to the P.G.M, Rohtak.
  • A case was lodged under Section 148, 149, 323,452,307,427,436,506 IPC and3 and 4 of SC/ST ACT 1989.
  • That 32dominantcaste Jats have been arrested so far and many other accused persons are still absconding.
  • Fearing retaliation/threats from the dominant Jat community,Dalits in the Harizan Basti started fleeing from their houses in search of security to their kith and kinofthe neighboring places like Sonepat, Panipatfrom 02 September 2005 onwards. It is also alleged that Police was also not allowing the Dalits to leave the Basti to claim that they give protection to them.
  • Around 15-20 Dalits living in the Harizan Basti left their houses evenby 06September 2006.
  • It was a very well-planned attack on the Dalit houses as the attackers knew it very well that there would not be any retaliation from Dalits. The manner in which houses have been ransacked, valuables looted other useful items destroyed and finally the burning of the houses reveals a pattern which was aimed at destroying everything in front of their eyes.

Our Observation

  • Inaction by the Police and the Administrationlead to free hand ofransacking, looting of Dalit houses in Killa Jafargadh.
  • 7-8 Police Officials alone weredeployed at the place of incidence protectivemeasure by the Police and the Administration.
  • No proper protection has been provided to the victims as some of the villagers revealed that they are still receiving threats from the Jat community.
  • No compensation provided to the victims.
  • It is alleged bysome of the residents of the Harizan Basti that some of the villagers were stopped from leaving the village by the Police to show that Police give protection to the Dalits but the reality is on the other side.
  • The argument by the Police that some Anti- Social elements in the Killa Jafargadhputfire to the incident is highly objectionable. It clearly shows that in order to cover up their lapses, they are resorting to make such kind of statements.
  • The claim by the Police and the Administration that they have arrested 32 persons does not seem to be satisfactory asother accused persons are moving around freely in the villageand not beenarrested till date. The thrust seems to be to treat this incident as a normal case andthe process also cover up their own lapses and complicity.
  • The Deputy Commissioner and the Senior Superintendent of Policehave failed to handle this crisis therby leading to large scaleviolence.
  • That the Director of PGM Hospital, Dr Sukhbir Sang wan and Dr. Krishna Sang was initially refused to admit the injured Dalits.
  • So far no proper arrangements have been made to assess the damageofthe property for the Dalit houses by the District Administration. Some of the residents of the village revealed that the SDM have wrongly assessed their property.
  • Neither immediate relief nor any compensation has been provided to the Dalit families as per SC/ SC (POA) Rules 1995.

LEGAL GAPS

  • That it is submitted that Section 3 of the SC/ST ACT 1989 is though invoked, but the relevant Sub -Section (x)(xi)(xv) of Section 3 and Section 3(2)(iii)(v)SC/ST (POA) 1989 is not invoked in the FIR for the reasons best known to the police officials.
  • That no immediate relief or compensationhas been paid to the victim as on date under Rule 12(4) R/w ANNEXURE SL.NO.10,11,15,17 of the SC/ST (POA) RULE 1995.
  • That a close look at the FIR reveals that Section 4 of the SC/ST (POA) ACT 1989 has been invoked in the FIR which says of a Public servant willfully neglects his/her duties required to be performed by him/her under this act shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to one year . It is beyondany one’simagination why so far no police official has been prosecuted under this section since it has been invoked .
  • That some of the accused personsare still not being arrested by the police authorities and they are moving freely in the village.
  • That the SDM of the concerned area has failed to assess the damaged property in the area. Infact it is shocking that since no proper sections of the SC/ST (POA) ACT 1989 has been invoked how the concernedauthorities will assess the compensation.

OUR DEMANDS

  • Relevant Sub -Section (x)(xi)(xv) of Section 3 and Section 3(2)(iii)(v)SC/ST (POA) 1989 beinvoked in the FIR.
  • Immediate relief / Compensationto the 76 DALIT under Rule 12(4) R/w ANNEXURE SL.NO.10,11,15,17 of the SC/ST (POA) RULE 1995 be paid to the victims immediately .
  • Immediate action by the Government under Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the Deputy Commissioner, the Senior Superintendent of Police and the Deputy Superintendent of Police and other others for their willful negligence in providing protection to Dalits and their property .
  • Immediate action by the Government under Section 3(2)(vii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the Director of the PGM ,RohtakHospital .
  • Direction be given to attach theproperty of theAccused and the absconding Perpetrators.
  • Direction be given for the speedy trials and the punishment to the Perpetrators.
  • Direction be given to provide TA/DA as per Rule 11 of the SC/ST (POA) RULES 1995to the victims when they go for trials and also to meet the District and State Officials.
  • Direction be given to give the Victims forthe assistance of a Lawyer of their choice to represent their case, besides the Special Public Prosecutor.
  • Direction be given to the SP, to provide adequate protection to the Victims and their family members to protect them from further harassment and intimidation.
  • The Government should create confidence in the Dalit communities as well as thewider society by:
  • Creating a safe environment for Dalits
  • Deployment of armed police in the Basti
  • making immediate arrangements for return of Dalit families who had fled from their houses.
  • Accurate enumeration of damage and loss of property of the affected Dalit families.
  • Ensure appropriate relief package reaches the all the affected Dalit families.
  • Ensure complete rehabilitation package to compensate the loss not only to build their houses but also to provide financial assistance and other facilities to restart their livelihood.
  • The high level committee which is to function under the convenorship of the CM should meet and act on this, as per the SC/ST (POA) Act 1989.
  • This area should be declared as the Atrocity prone Area as per the same Act
  • The Accused should be excommunicated from the village as per the provisions of the same Act.
  • The Dalits should be given permission to hold Arms as per the provision of the same Act and Rules.
  • Immediate arrest of the culprits who indulged in ransacking, looting and burning of Dalit houses.
  • A CBI Enquiry to know the true story behind the attacks on the DalitBasti. The terms of reference for the CBI enquiry should also include the role of the Police and the Administration.
  • A White Paper by the Central Government should be tabled in the winter session of the Parliament on the growing atrocities, untouchability and other multiple forms of exclusion and discrimination faced by Dalits.

Sanjeev Kumar

Team Leader

08.09.06