Caste truths: Dalits failed by justice system

Hyderabad: T Mallikarjun, a resident of Kowkoor (a few kilometres from Alwal) and a social worker, was invited as a guest for Republic Day celebrations in 2017 by Rajiv Gruhakalpa Colony. Also invited to the event was R. Arun Kumar, son of L.B. Nagar MLA R. Krishnaiah. While the programme was on, a few men barged in on motorbikes and interrupted Arun’s speech, asking how he could share the dais with Mallikarjun, a Dalit. The argument soon broke out into a clash, and the men tore apart Mallikarjun’s white kurta and hit him with a cement brick. “You belong to an SC caste. What right do you have to touch a flag?” said one of the men to Mallikarjun. 

Both parties approached the Jawaharnagar police station. While Mallikarjun was the first to reach, he was made to wait with his swollen head till the other side of the story was heard. Even though the video evidence was presented (the incident was recorded on a phone), no notice was taken of it.  While Mallikarjun lodged a complaint of SC/ST atrocities against him, the opposite party made a woman (wife of one of the henchmen), complain that Mallikarjun and three other made obscene gestures at her, slapped and dragged her by her chunni in front of everyone, and kicked her in the stomach. The police then filed a case under Sections 143, 147, 148, 324, 509, 354, R/w 149 of the IPC against Mallikarjun. For 15 months since then, Mallikarjun has been frequenting the courts and marking his presence twice a month in the police station.

“My head was swollen, yet they didn’t send me for a medical check up the day I was beaten. The police said they needed my statement and locked me in. I spent five days in jail and was lodged at Cherlapally. My wife and daughters were helpless and we had to gather '70,000, which we did by seeking financial help from friends and family, to bail me out. The people who attacked me have a grudge against me as I was part of various social activities, including Swachh Bharat, and they deemed me a threat during the elections,” he said.

The complaint was filed by women who were not even present at the site, he further said. “After I was out on bail, I approached the Commissioner of Police (CP), Rachakonda, with video evidence. The Commissioner was convinced and ordered the Special Branch Additional Commissioner of police to hold a confidential enquiry. But nothing has come of it till date. Every time I call the commissioner, he would postpone the matter for some reason. From weeks to months and now a year, nothing has been done. I am right now on station bail and have to give my presence twice a month at the police station. The trials on my case started two months ago, but my complaint has been completely sidelined.”

Mallikarjun’s case stands as an example of India’s failure to provide justice to the Dalit community, who comprise 16.3% of India’s population, and they are always seen struggling to assert their rights.  Since the Dalit population accounts for a large vote bank, they are in focus only during the elections. In another case example of negligence by officials, Mr Praveen (name changed), a Dalit businessman with a good network of the Dalit vote bank, lent his support to an opposition party candidate contesting from Malkajgiri during the 2014 Lok Sabha elections. He was soon notified as a target and was attacked by a rowdy sheeter and close aide of a politician a few months after the election, while he was attending a funeral of his friend.

Speaking to Deccan Chronicle, Praveen said, “He was in an inebriated state and he abused me and punched me on my face and stomach, asking ‘how dare you support an opposition party candidate?’ I was bleeding profusely and assured him that I would never be part of any election campaign or tend support of votes, but he continued to hit me. My friends came to my rescue; I was 43 then.  A complaint under the SC/ST atrocities was filed at the regional police station, an FIR was booked against the man but he attained a station bail.” 

Despite the amount of evidence, the inquiry was not fairly conducted. The assailant was booked for attempt to murder, but he was not even imprisoned, adds Praveen.  A chargesheet has been filed and the case is being heard at the Ranga Reddy district court.  The irony, however, is that my assailant walks free, while I have to run around the courts to prove the incident.

Advocate Channa Goud who fights on behalf of SC /ST people, said, “In a majority of cases, First Information Report (FIR) is delayed due to political intervention; besides, the police are also under pressure to keep crimes at a low rate in their particular jurisdiction. Also, attacks on Dalits acts as an obstacle to caste and social harmony.” The ministry of social justice, in its 2016 annual report, assessed the implementation of the SC/ST Act, and have pointed out that the major problem when it comes to implementation is wilful negligence of a public servant in discharging duties for registration of complaints, recording statement of witnesses, conducting investigation and filing charges.