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Dalit families of Shivgarh in Kutchh (Gujarat, India)


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