February 7, 2012
In a recent representation to Gujarat governor Dr Kamala, Dalit Hak Rakshak Manch (DHRM), Ahmedabad, has said, citing specific instances, that Gujarat’s state officialdom has been showing a “strong and perpetual bias” against proper implementation of Scheduled castes and Tribes (Prevention of Atrocity) Act, 1989, and “there is a complete failure to punish government officers who knowingly show negligence towards registering offences under the Atrocities Act.” Alongside Council for Social Justice, another Dalit-based organization, DHRM investigated judgments pronounced by various courts in the districts of Banaskantha, Vadodara, Surat, Mehsana, Patan, Bharuch, Surendranagar, Ahmedabad, Sabarkantha, Rajkot, Jamnagar, Amreli, Anand, Veraval, Navsari, Godhra, Valsad and Junagadh, to come to the conclusion that “in several cases due to sheer negligence of the police administration and government advocates, the offenders, are acquitted.”
The representation says, “Though the Rule 7(1) and (2) of the Scheduled castes and Tribes (Prevention of Atrocity) Rules-1995, framed under the Act, provides that the investigation of the offence under the Act cannot be carried out by the officer below the rank of DySP. Yet, the accused in 95 per cent cases under the Act were acquitted merely on the ground that the investigation was carried out by the officer below the rank of DySP. The courts have taken very serious note of this fact and in several judgments, had made critical observations for such criminal negligence as under.”
The representation underlines, “The pre-condition for taking cognizance of the offence under Atrocities Act is that the complainant must be a member of the scheduled castes or scheduled tribes and that the accused must be a member of upper caste. While investigating the offence, the caste certificate issued by the competent authority to the complainant must be annexed with the complaint and produced by the police before court as supportive evidence. There are several judgments of the cases of serious offence like rape where the accused, though liable to be convicted, is acquitted merely because the caste certificate is not produced on record of the case before the court and the courts have passed severe strictures in several of such cases against police for their negligence.”
It suggests, “There are several judgments where the courts have passed severe strictures against police and directed the government to take action against erring police officer for tampering with evidence, making false deposition on oath so as to save the upper caste accused and for showing gross negligence in carrying out investigation. Apart from this, the courts have also directed the government to produce action taken report within two months. Still, however, the Government of Gujarat has not taken any action against guilty officers for years. Till date the government has not produced any such action taken report before the court. Instead of punishing the guilty officers, the government has honoured such officers with promotions.”
The representation further says, “The Rule-7 (2) contains a specific direction that the investigation of such offences should be completed on priority basis within 30 days and the report thereof should be submitted to the District Superintendent of Police. In case there is any delay in investigation, the investigating officer is required to state the reasons for the delay in his report. Ignoring this specific direction, in number of cases without assigning reasonable reasons for the delay in investigation, the reports are produced in the court; the courts have taken serious cognizance of the delay tactics on the part of prosecution and have made serious observation in judgments.”
Referring to negligence on the part of government advocates, the representation says, “Special courts have been constituted for the offences under Atrocities Act. The Atrocities Act provides for appointment of special public prosecutors for trying the cases under Atrocities Act. The special public prosecutors appointed under this Act are required to play a very important role. The experience is however tragic that the cases which have been taken up for hearing drag indefinitely.”
It adds, “When the complainant villager from scheduled castes or scheduled tribes enters the witness box to depose in respect of his age old complaint, s/he does not even know who is his/her advocate (i.e. Public Prosecutor) and who is the rival advocate. The poor, illiterate complainant experience mental trauma and the rival advocate cleverly exploit the situation. Before proceeding with the case, it is the duty of the government advocate to establish contact with the complainant and explain him/her the contents of his statement and also guide him properly for effective adjudication of the case. In most of the cases, it has been observed that the accused are acquitted merely on account of negligence on the part of public prosecutors. We have come across several shocking judgments where the public prosecutors have themselves advocated contrary to the provisions of Atrocities Act.”
Coming to negligence by other government officials, the representation says, “The Government of Gujarat has, instead of taking action against erring offices, honored them with promotions. It is very much shocking and surprising that despite having judgments where in 95% of the offences of atrocities are alleged, the government has till date not taken any action under section -4 of the Atrocities Act against any government officer in the entire state ofGujarat. The administration of the Government of Gujarat has thrown away all the documentary evidences into cold storage and thus provided full-proof protection to the responsible government officers.”
Citing instances of recent past inGujarat, the representation says, “There is a consistent rise in the incidences of atrocities on people of Scheduled Castes particularly in villages during last three years.” It gives following examples to prove the point:
* Labhu Rajapara, 42, a Dalit in Golasan village in Surendranagar district of Gujarat, had no idea that his son’s love affair with an upper caste girl could wreak havoc on his entire family. Six people allegedly burnt his house in December 2010 and the family still has no place to live in.
* On April 13 last year, Rajesh Parmar, 18, a Dalit boy originally from Bhavnagar, was reportedly abducted and found dead the next day on the railway tracks at Lathidad railway station. Barwala police (Ahmedabad district) sub-inspector is said to have spoken to the abductor, but nothing was done to save Rajesh. A case of accidental death was lodged later.
* In January 2011, several Dalit families were stopped from entering a temple in Rampar village in Surendranagar district. The next day, local shopkeepers refused to sell anything to them. The families are still facing social boycott from upper caste people.
* In mid 2010, when a temple was being inaugurated in Vanthal village in Viramgam, some Dalit people tried to participate in the yagna. But they were beaten up and their entire community was thrown out of the village.
* In March 2010, in Bavalchudi village in Banaskantha district, a family from Valmiki community was building a house. However, it irked the upper caste community and as a result, 38 Dalit families are now out of the village.
* In 2009, a Dalit advocate wanted to sing in garba during Navratri in Bhadresinh village in Surendranagar district. And when he tried to enter the temple, he was beaten up.
* On 14 April 2011, Scheduled Castes students were mercilessly beaten and fractured and then made accused by police inRajkotcity. Though, we have submitted a representation with DGP Mr. Chitranjansingh on May 2 2011, till this date no action has been taken against the guilty police.
* A scheduled caste youth was murdered by goons in January 2012 in RathelvillageofSanand Taluka.
* Two FIRs were lodged in two police stations of Panchmahals district and the names of accused were removed from first FIR as the accused are politically powerful persons forcibly dragged the victim, a Scheduled caste girl from the police station and the girl could not sign the FIR. Later, the first FIR with the pages of station diary was torn by the PSI who has been suspended by DySP. On 14 November 2011 DHRM sent a letter along with all documents to the DGP, but till this date no action has been taken.
* Even after three years Dr. Pankaj Shrimali, a professor and ex- Senate member ofGujaratUniversityhas been deprived of justice in the case filed against Dr. Parimal Trivedi, Vice Chancellor of Gujarat University. Dr. Shrimali was insulted and humiliated with the most vitriolic casteist remarks by Mr. Parimal Trivedi, who has by his unethical and immoral attitude disgraced one of the most respected and honorable position in the society. Dr. Pradip Prajapati has been suspended by Dr. Parimal Trivedi because he is the only star witness of Dr. Shrimali’s case.
The representation asks theGujaratgovernor to see that the state government acts immediately to properly implement the Atrocities Act. It wants the state government to identify areas where it has reason to believe that atrocity may take place or there is an apprehension of reoccurrence of an offence under the Act. Also, it wants the District Magistrate and Superintendent of Police or any other officer to visit the identified areas and review the law and order situation. A large number of suggestions made by the representation, headed by Raju Solanki of DHRM, include cancellation of arm licenses of the persons four responsible for committing atrocities; constitution of a high power State-level committee, district and divisional level committees or such number of other committees for assisting the Government in implementation of the provisions of the Act; review at the end of every quarter the law and order situation, functioning of different committees, performance of Special Public Prosecutors, Investigating Officers and other Officers responsible for implementing the provisions of the Act and the cases registered under the Act.
