Session's judge supports caste based discrimination in Gujarat

ISSUES: Caste-based discrimination; police inaction; judicial insensitivity

SAMPLE LETTER:

Dear __________,

INDIA: Please strictly punish the public servants practicing "untouchability" in Gujarat

Name of victim:
Mr. Natu Dhya (Dalit community, Scheduled Caste), age 48, a resident of Marida village, Nadiayad Block, Kheda district, Gujarat
Names of alleged perpetrators:
1. Mr. Vinu Shana Chauhan, the village head of same village as the victim, a resident of Thakor community (Other Backward Class; OBC)
2. Mr. Mangal Chauhan, Village revenue officer for same village as the victim, a resident of Thakor community (OBC)
3. Mr. Mahesh Ranchhod Chauhan, a resident of Thakor community (OBC) in Marida village
4. Mr. Nanji Dipa Chauhan, a resident of Thakor community (OBC) in Marida village
(Persons 3 and 4 attended on the village council meeting in the place of their wives who are the actual village council members) 
5. Mr. A. S. Sayyed, Police Sub Inspector, Nadiayad Police Station, Kheda district, Gujarat
6. Mr. Sethi Punjabi, Judge, Fast Rack Court, Nadiayad, Kheda district, Gujarat
Date of incident: since January 2007
Place of incident: Marida village, under the jurisdiction of Nadiad Police Station, Nadiad Block, Kheda district, Gujarat

I am writing to express my concern regarding the caste based discrimination against a village panchayat (village council) member who belongs to Dalit community.

I am surprised to learn that the untouchability actually practices in public field by public servants in India.

I am informed that Mr. Natu Dahya was refused to sit on a chair and was separately served with snack during village panchayat meeting since he was elected as a member of village panchayat in January 2007.  

The village head Mr. Vinu Shana Chauhan, the Village revenue officer Mr. Mangal Chauhan, and Mr. Mahesh Ranchhod Chauhan and Mr. Nanji Dipa Chauhan who attended on the village panchayat meeting in the place of their wives who are the actual village panchayat members, took the chair away from Natu during the panchayat meeting. They also made Natu wash the chair saying "when you sit on a chair, the chair becomes "untouchable".

After the first panchayat meeting, Natu tried to file a complaint against these four persons including two public servants, but the Police Sub-Inspector (PSI) of Nadiad Police Station refused to register his complaint. It was alleged that PSI was pressured by local Member of Legislative Assembly Mr. Natvarsinh Chauhan who has ties with the dominant caste community in Marida village.

Half a year later, on 7 July 2007, the complaint was lodged with Nadiad Police Station, which resulted from Natu's long struggle. The police in the FIR against the accused failed to mention the Section 3(2)(vii) ("being a public servant, commits any offence under this section shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence."), providing space to reduce the gravity of the accused's crimes.

Meanwhile, Mahesh Ranchhod and Nanji Dipa repeatedly pressured Natu to withdraw the complaint threatening to break Natu's leg and kill him.

I am further surprised to learn that the caste based discrimination against the victim continued even in court. On 11 January 2008, Natu's case was tried in the Fast Track Court of Nadiad. While the victim was giving his statement under oath in court, the Sessions Judge Sethi Punjabi advised the victim not to take the entire situation the victim faced during the village panchayat meeting as discrimination. The judge added that the entire situation is normal in the country.

It is reported that the judge said the following to the victim during the trial:

"I am a Punjabi by caste. Even if someone called me 'Shikh' instead of 'Punjabi', I would not consider it as an abuse."

"It is normal… normal in the country. I also feel so. Why did you file a complaint? In my chamber, I used to have two sets of paper plates to offer snacks. I offer different plates todifferent people. In doing so, nothing is illegal and there are not any forms of discrimination. It is a personal choice. You should not take it as discrimination."

"When I was in Junagadh district posted at Junagadh Court, I took a cigarette only when it was offered by a Patel (upper caste). I did not take cigarettes offered by other low castes."

The judge's biased attitude prevented the victim from giving an appropriate statement in court. On 15 January 2008, the victim submitted a complaint against Sessions Judge Sethi Punjabi to District Judge R.M. Parmar; the Chief Justice of Gujarat High Court; the Chief Justice of the Supreme Court; and the Chairperson of the National Human Rights Commission of India. The victim, however, has not received any response from the authorities about his complaint against the Sessions judge. 

I am informed that the accused village head was reinstated by State government after his appeal regarding suspension on him and the accused Village revenue officer is suspended at present. The case is still pending in court.

I am aware that the International Convention on Elimination of All Forms of Racial Discrimination and its General Recommendation recommend immediate and effective measures, particularly in the fields of teaching, education, culture and information, in order to combat prejudices (Article 7) and further to organise training programmes for public officials and law-enforcement agencies, with a view towards preventing injustices based on prejudice against descent-based communities.

I therefore, urge you to make an intervention to punish the four accused strictly in accordance with the law of India. For the legitimate punishment for the accused, I urge you to ensure the impartial and objective trial by the judge who is not caste-biased.

I also urge you to intervene to take immediate investigation on the process of filing complaint in order to punish the relevant persons.

Most of all, I urge you to make an alarm regarding "untouchability" and caste based discrimination in public field by public servants in India. Without elimination of discrimination in public sphere by public servant, Indian society will never bring equality and justice before law as the public servant is one of the opinion leaders in a society.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Narendrabhai Damodardas Modi
Chief Minister
NewSachivalay
Gandhinagar - 382 010
Gujarat
INDIA
Fax: + 91 177 23222101
E-mail: cm@gujaratindia.com 

2. Mr. Amit Anilchandra Shah
Home Minister
Block No.2, 3rdFloor, New Sachivalay
Gandhinagar - 382 010
Gujarat
INDIA
Fax: + 91 177 23250501
E-mail: pshome@gujarat.gov.in 

3. Secretary of Department of Social Justice and Empowerment
Government of Gujarat
Block No.5, 8th Floor, Sachivalay
Gandhinagar
Gujarat
INDIA
Fax: + 91 177 23254817
E-mail: secswd@gujarat.gov.in 

4. Director General of Police
Police Bhawan Sector – 18
Gandhinagar
Gujarat 382 009
INDIA
Fax: + 91 177 23253918

5. Minister of Social Justice and Empowerment
Government of India
Shastri Bhawan, Dr Rajendra Prasad Road
New Delhi - 110 001
INDIA
Fax + 91 11 23384918
E-mail: min-sje@sb.nic.in 

6. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax + 91 11 2338 6521
E-mail: chairnhrc@nic.in 

7. Chairperson
National Commission for Scheduled Castes
5th Floor, Lok Nayak Bhawan
Khan Market
New Delhi 110 003
INDIA
Fax + 91 11 2463 2298
E-mail: jointsecretary-ncsc@nic.in  or chairman-ncsc@nic.in 

Thank you.