Eleven dalit families of Shivgarh village of Rapar Taluka in Kutch had to take refuge in the campus of Mamlatdar’s (Judicial Magistrate) office on the 25th June 2003. Prior to this they had been living a life of people-on-the run for 16 months in Khandek the village of their relatives’ leaving behind their land, houses and other belongings due to the inhuman treatment and the cruelties of the so-called upper castes of the village. All their efforts to get justice from all relevant sources had come to naught.
Their travail began on the 13th
November 2001. These families were earning their livelihood from agriculture on
176 acres of their ancestral land. The land is very fertile and could be
irrigated from the adjacent check dam. They had the relevant permission of the
Department of Irrigation for doing so. On the fateful day, some of the Dalit
farmers, Akhabhai Madhabhai Parmar and his brothers were threatened. The local
goons of the so-called high caste came and demanded a share from their standing
crop of jeera. On being denied they cut of the irrigation pipe. The goons
went of threatening the brothers to death, along with the other families who
rallied around for support, eleven in total. Thus was signed the death warrants
of these families by the society that has traditionally demanded their kow
towing.
The first appeal, in vain, from Akhabhai went
to the Irrigation department. Followed
with yet another application to the D.S.P. of Kutch on 23rd November
2001 for providing police protection. Simultaneously
an application was made to the magistrate of civil court for providing
protection.
Contemporaneous saga of Mavjibhai Madhabhai
Parmar a local Dalit teacher was unfolding. He has been a rather vociferous
person raising his voice against such atrocities against Dalits in the area.
Hence he also joined in the struggle of the families of Shivgarh. His harassment
from the others in the department began. Unable to bear the trauma he ultimately
had to apply to Education department for his transfer.
Verbal assaults and threats to life made it
impossible to move out for work, to earn their livelihood, to sleep. On 23rd
November 2001 DSP was given an application for an armed security for the
families. They were denied this. P.S.I. of Rapar was appealed to take necessary
steps about it through an application on 27th November 2001.
On the 1st December 2001 Collector
and the Social Welfare Minister were appraised of the situation but again to no
avail.
Finally they were forced to leave the village,
their houses and land and other belongings on 8th March 2002 and took
refuge in Khandek village. In applications made to Social Welfare
officer–Kutch and D.S.P.-Kutch, on the same day Akhabhai informed them about
their exodus and left the responsibility of taking care of their left-behinds to
these authorities.
Veerabhai Solanki, S.C./S.T. Cell, District
Police Advisory Committee- Gandhidham on 20th March and
Collector–Kutch on 1st April 2002 were informed through written
applications.
The
police so far refused to file any FIR. They had to move the Court. On 22nd September 2002
application was made to the Judicial Magistrate to lodge an F.I.R. and take
appropriate action. Through the order of the Court, the F.I.R. was lodged on 3rd
October 2002 under the Prevention of Atrocities Act. No arrests of any
assailants mentioned in the FIR were made.
Since than no action has been initiated by any
of the authorities.
On 11th June 2003 a public meeting
was organised at Rajansar by Sneh Samudaya where the various
community-based-organisations like Lok Adhikar Manch, Ekal Nari Shakti Manch,
Viklang Adhikar Manch, Vagad Vanchit Hitrakshak Samiti, Prathad Dalit Atyachar
Nivaran Mahamandal, Banaskantha Dalit Sangathan and other community leaders
met to discuss the issue and it was decided that the people will take refuge at
Mamlatdar’s office from 25th June 2003 onwards if no action takes
place. The NHRC was also petitioned on that day.
On the 25th June 2003 about 300
people from various parts of Kutch gathered along with these families at
Mamlatdar’s office at Rapar and sat on a hunger strike. The persons comprised
representatives of Lok Adhikar Manch, Ekal Nari Shakti Manch, Viklang Adhikar
Sangathan, Shree Vagad Vanchit Hitrakshak Samiti, Shree Prathad Dalit Atyaachar
Nivaran Mahamandal, Banaskantha Dalit Sangathan, all the affected families
and other supporters from among the local marginalized communities.
A delegation went to Mamlatdar and presented their demands that were to
Ø Arrest of the convicts under the Prevention of Atrocities Act
Ø Providing SRP protection
Ø Compensation to the affected families who are internally displaced for loss of income from the land and denial of rightful livelihood, as per the norms
Ø Relocate the families with compensations for loss of land, at the market price
They did not get any appropriate answer hence
their refuge at the Mamlatdar’s Office continued. The people decided to stay
there till the 30th of June (if the demands were not met by then) and
then move to the Collector’s office at Bhuj in case there is not an
appropriate response from the authorities.
In the afternoon at 2.30 District Welfare
Officer visited the people, listened to their demands and discussed about it
with the Mamlatdar Mr. A.K. Baria and Police Inspector of Rapar Police Station.
He confessed that even he had asked for the information about the case earlier
but had not received till now.
A letter was faxed to the Collector of Kutch
Mr. Pradip Sharma stating that the refugees will move to the Collector’s
office on 30th June2003 if their demands were not met till then.
On 26th June 2003 Chairman of Rapar
Municipal Committee Mrs. Shantiben Parbatbhai Harijan, Mr. Vasant Maheshwari the
Secretary of Dalit Sena Rapar, and President of Dalit Sena Kutch Mr. Ganesh
Devji Parmar met the people and assured their solidarity.
On 27th June 2003 Additional
Collector (Anjar) Mr. Rajendra Sarvaiya, Mamlatdar of Rapar Mr. A.K. Baria and
Additional D.S.P. Mr. Solanki met the refugees and said that protection can be
provided for fifteen days only and for further it will depend upon the
situation. They asked for a fresh FIR in order to make arrests of the accused.
People refused it on the grounds that it is a tacit and non-constitutional
denial of the existence of a previous FIR, the one that was filed by them about
one year ago and that too under the direction of the Court, and on which no
police action had been taken to this day. The group of officials also declined
the demand for compensation against loss of livelihood and income during the
last 16 months.
At 3 o’clock Vasantbhai Maheshwari and Jagabhai Gohel went to Mamlatdar and additional collector as representatives with the following demands of the refugees;
§ The State, at its own expense, shall provide protection by creating an outpost of State Reserve Police till the safety and security of the eleven families are ensured.
§ The relevant State officials shall provide a written assurance and take preventive measures against the accused persons.
§ Administration should provide water to their neighborhood.
§ Administration should ensure uninterrupted water supply for the irrigation of their fields.
Mamlatdar A.K. Baria refused to fulfil any of
these demands. Instead of them he proposed a preence of only four police
personnel from the local police station. Later at 6.30 p.m. he called Akhabhai
Madhabhai Parmar and told him that they can be provided with only three police
personnel if they are interested to go back to Shivgarh. The people’s
representative refused to accept the proposal.
With this day-long flip flop on the issue the
official went of by 7.00 p.m.
Till the 28th of June no arrests of
any of the culprits were made. On our inquiries the police kept informing us
verbally that they had gone to the village but could not find any of the
assailants. The police did not show any evidence of any arrest warrant being
issued. The assailants were not declared absconders. Nor was there any
assurances or concrete action by the State.
The people continued to be refugees of the
State!
Refuge at
Collector’s office
After sitting at Mamlatdar’s office for five
days the refugees reached Bhuj city and set their tents at Collector’s office
in the early hours on 30th June 2003.
At 5 o’clock a delegation of the refugees
met the Collector Mr. Pradip Sharma and discussed the issue.
Collector after taking the Mamlatdar and PSI’s opinions replied that it
was the people themselves who are at fault, so administration would not provide
any help in this regard.
After discussing the matter within the whole
group, the delegation again went and took appointment with the Collector to
discuss the matter in detail.
In their discussion they emphasised on the
increased frequency of such happenings in the area of Rapar. After a long
negotiation the Collector assured the representatives about protection of Dalit
families and reached the following settlement and issued relevant directions;
1.
The refugees should return to their village Shivgarh along with armed
police personnel accompanied by Mamlatdar (Judicial Magistrate) of Rapar.
2.
Mamlatdar will visit the village twice a week and all efforts will be
made to establish peace in the village.
3.
Mamlatdar will look into the matters related to the primary needs of
affected families like water, flourmill for flouring the food grains, etc. and
will make arrangements for that. Also take all relevant measures to prevent
ostracising of the affected families by the local service providers. He shall
visit the village twice a week.
4.
A meeting will be organised in the village Shivgarh in order to make them
fearless and public resolutions will be passed with both the parties. Collector
himself will attend the meeting. A committee for maintaining peace and harmony
will be formed that will give written assurance in this regard. All other legal
steps shall be taken by the administration.
If felt necessary the Dalit families will be provided protection by creating SRP point with in the village and if any sort of incident of threatening or terrorising the Dalits happened the culprits will be banned from entering the village by an immediate order from the Collector.
Getting assurance of strict action from the
Collector the people ended their refuge at his office and decided to return back
to Khandek.
After meeting Mamlatdar of Rapar on 2nd
July 2003 the eleven families reached their village Shivgarh after a long period
of sixteen months accompanied by the Mamlatdar, police and the representatives
of Lok Adhikar Manch. Mamlatdar met the people of the other side and arranged
for the basic necessities for the Dalit families.
Lok Adhikar Manch has also decided to keep a vigil on the situation. For this purpose it placed a team of four Adhikar Karmis with these families for ten days.
The Affected Persons
|
Sr.
no |
Name |
Sex |
Age
(in Yrs.) |
|
1 |
Dalit
Akhabhai Madhabhai |
M |
36 |
|
2 |
Dalit
Maghabhai Jasa bhai |
M |
75 |
|
3 |
Dalit
Demiben Akha bhai |
F |
35 |
|
4 |
Dalit
Radhaben Akhabhai |
F |
11 |
|
5 |
Dalit
Dalit Mukesh Akhabhai |
M |
9 |
|
6 |
Dalit
Govindbhai Akhabhai |
M |
7 |
|
7 |
Dalit
Urmilaben Akhabhai |
F |
4 |
|
8 |
Dalit
Gomtiben Akhabhai |
F |
2 |
|
9 |
Dalit
Gangabhai Madhabhai |
M |
45 |
|
10 |
Dalit
Nitaben Gangabhai |
F |
43 |
|
11 |
Dalit
Naviben Ganagabhai |
F |
20 |
|
12 |
Dalit
Daliben Gangabhai |
F |
17 |
|
13 |
Dalit
Ramilaben Gangabhai |
F |
14 |
|
14 |
Dalit
Rajubhai Gangabhai |
M |
13 |
|
15 |
Dalit
Shankarbhai Gangabhai |
M |
26 |
|
16 |
Dalit
Lakshmiben shankarbhai |
F |
24 |
|
17 |
Dalit
Hiteshbhai Shankarbhai |
M |
6 |
|
18 |
Dalit
Rasilaben Shankarbhai |
F |
5 |
|
19 |
Dalit
Ashwinbhai Shankarbhai |
M |
4 |
|
20 |
Dalit
Khimabhai Lakhabhai |
M |
50 |
|
21 |
Dalit
Daiben Khimabhai |
F |
45 |
|
22 |
Dalit
Paluben Khimabhai |
F |
20 |
|
23 |
Dalit
Ramuben Khimabhai |
F |
16 |
|
24 |
Dalit
Dudabhai Khimabhai |
M |
21 |
|
25 |
Dalit
Nanmjibhai Punabhai |
M |
22 |
|
26 |
Dalit
Shantiben Nanjibhai |
F |
20 |
|
27 |
Dalit
Ambabhai Punabhai |
M |
30 |
|
28 |
Dalit
Vejiben Punabhai |
F |
28 |
|
29 |
Dalit
Kakuben Punabhai |
F |
17 |
|
30 |
Dalit
Rajuben Ambabhai |
F |
6 |
|
31 |
Dalit
Bhawnaben Ambabhai |
F |
3 |
|
32 |
Dalit
Narendrabhai Ambabhai |
M |
1yr.6
months |
|
33 |
Dalit
Nainaben Ambabhai |
F |
9 |
|
34 |
Dalit
BhanabhaiPunabhai |
M |
36 |
|
35 |
Dalit
Ramiben Bhanabhai |
F |
34 |
|
36 |
Dalit
Shantiben Khimabhai |
F |
21 |
|
37 |
Dalit
Champaben Bhanabhai |
F |
10 |
|
38 |
Dalit
Chhaganbhai Bhanabhai |
M |
12 |
|
39 |
Dalit
Sanjaybhai Bhanabhai |
M |
3 |
|
40 |
Dalit
Kakuben Bhanabhai |
F |
6 |
|
41 |
Dalit
Alabhai Lakhabhai |
M |
40 |
|
42 |
Dalit
Satiben Alabhai |
F |
35 |
|
43 |
Dalit
Dharamshibhai Alabhai |
M |
18 |
|
44 |
Dalit
Vababhai Alabhai |
M |
16 |
|
45 |
Dalit
Gajubhai Alabhai |
M |
12 |
|
46 |
Dalit
Lavjibhai Alabhai |
M |
10 |
|
47 |
Dalit
Hansaben Alabhai |
F |
9 |
|
48 |
Dalit
Amjibhai Karshanbhai |
M |
29 |
|
49 |
Dalit
Santokben Shamjibhai |
F |
25 |
|
50 |
Dalit
Jayaben Shamjibhai |
F |
5 |
|
51 |
Dalit
Sunitaben Shamjibhai |
F |
4 |
|
52 |
Dalit
Kiranben Shamjibhai |
F |
3 |
|
53 |
Dalit
Dashrathbhai Karshan |
M |
27 |
|
54 |
Dalit
Vejiben Dashrathbhai |
F |
20 |
|
55 |
Dalit
Kinaben Dashrathbhai |
F |
2 |
|
56 |
Dalit
Divyaben Dashrathbhai |
F |
1 |
|
57 |
Dalit
Karshanbhai Lakhabhai |
M |
54 |
|
58 |
Dalit
Banayaben Karshanbhai |
F |
45 |
|
59 |
Dalit
Jamuben Karshanbhai |
F |
45 |
|
60 |
Dalit
Bheenaben Karshanbhai |
F |
21 |
|
61 |
Dalit
Pethabhai Karshanbhai |
M |
24 |
|
62 |
Dalit
Naliben Pethabhai |
F |
22 |
|
63 |
Dalit
Nulsibhai Pethabhai |
M |
2yr.
& 6months |
|
64 |
Dalit
Dumirbhai Karshanbhai |
F |
30 |
|
65 |
Dalit
Soniben Dumirbhai |
F |
26 |
|
66 |
Dalit
PrakashbhaI Dumirbhai |
M |
5 |
|
67 |
Dalit
Pardipbhai Dumirbhai |
M |
3 |
|
68 |
Dalit
Kishorbhai Dumirbhai |
M |
6
months |
|
69 |
Dalit
Jemalbhai Khimabhai |
M |
28 |
|
70 |
Dalit
Geetaben Jemalbhai |
F |
27 |
|
71 |
Dalit
Dayaben Jemalbhai |
F |
8 |
|
72 |
Dalit
Ranjaniben Jemalbhai |
F |
10 |
|
73 |
Dalit
Dewaliben Gagabhai |
F |
20 |
|
74 |
Dalit
Santokben Jemalbhai |
F |
5 |
|
75 |
Dalit
Jaishreeben Jemalbhai |
F |
6 |
|
76 |
Dalit
Shilpaben Jemalbhai |
F |
2 |