An Appeal to GOI
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Editor: NAGARAJ.M.R VOL.3 issue. 36 09 / 09 / 2009
Editorial : AN APPEAL TO GOVERNMENT OF
- ATROCITIES AGAINST DALITS
Honorable President and Prime Minister of
AN APPEAL TO HONOURABLE CHIEF MINISTER OF GUJARATH
Dear Sir ,
Names of the victims: 1. Naranbhai Dayalbhai Sarvaiya, head of the only Valmiki family in the community, resident of Shampara (Khodiyar) Village 2. Danjibhai Naranbhai Sarvaiya, son of Naranbhai residing in the same household 3. Dipakbhai Naranbhai Sarvaiya, son of Naranbhai residing in the same household 4. And the other four family members of the Sarvaiya family residing at the same household in Shampara (Khodiyar) Village Names of alleged perpetrators: 1. Mahindra Singh Vikuba Gohila, of the dominant Darbar caste, Shampara (Khodiyar) village council leader 2. Nine accused belonging to the Darbar caste, residing in Shampara (Khodiyar) Village Date of incident: September 9, 2008 to present Place of incident: Shampara (Khodiyar) village, Shihor Taluka, Bhavnagar District
I am writing to express my concern about the case of caste-based discrimination, including the implementation of a social boycott, against a single Valmiki (lowest Dalit sub-caste) family reported from Shampara (Khodiyar) village, Shihor Taluka, Bhavnagar District. I am informed by Navsarjan, a human rights NGO based in
On May 2008, the Darbar family residing in the plot adjacent to that of the Sarvaiya family demanded that they divert their disposal of their waste water elsewhere to avoid it from flowing to the public road where other household also dispenses their water. The Darbar family, as part of an upper caste, have since been afraid of being 'polluted' by the proximity of the Valmiki family. This was aggravated by the flowing of waste water coming from the Sarvaiya's household onto the road. The Sarvaiya family usually disposes waste water underground but when the rainy season comes, it overflows onto the road.
However, when Naranbhai refuses to divert their waste water, nine persons from the Darbar-caste had physically attacked Naranbhai and his two sons. Meanwhile, the accused had also verbally abused the women. In response to this incident, the community decided to impose a total social and economic boycott on the Sarvaiya family.
I am also concerned about the manner the case had been handled by the police and the government. Though a First Information Report (FIR) was registered on the day of the assault, there was no mention of any provision of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) (SC/ST) Act, 1989, the principal legislation intended to protect vulnerable castes.
Furthermore, there is no FIR registered on the boycott and hence there has been no government relief, compensation or rehabilitation provided to the affected family despite the clear requirements of the SC/ST Act. It took three visits to the Social Welfare Office before the Social Welfare Office agreed to visit the village. However, he too held caste bias. He did not even speak to the Sarvaiya family but simply looked at the housing plot from outside.
I urge you to take action on these clear violations of the SC/ST Act as well as the Protection of Civil Rights Act, 1955. I therefore request that:
1. An investigation be ordered on the social boycott practiced against the Sarvaiya family in Shampara (Khodiyar) village by the Social Welfare Office, and the findings made public; 2. A FIR be immediately registered by a police officer of a rank not below that of the Deputy Superintendent of Police, that includes all relevant and proper sections of the SC/ST Act; 3. A proper case be registered under the provisions of the SC/ST Act, against the social boycott in particular, against all the accused; 4. The boycott be officially recognized by the Social Welfare Department as long as necessary by the responsible authorities; 5. The victims of atrocities be given immediate relief, compensation, as well as economic and social rehabilitation, as entitled under the SC/ST Act.
AN APPEAL TO HONOURABLE CHIEF MINISTER OF UTTAR PRADESH
Dear Sir ,
Name of the victim:
1. The 14-year-old daughter of Mr. Khargi, a permanent resident of Bankati Village under the jurisdiction of Sujauli Police Station, Bahraich district, Uttar Pradesh state
Names of alleged perpetrators:
1. Mr. Mohammad Ateek, son of Atees, resident of Bankati Village under the jurisdiction of Sujauli Police Station, Bahraich district, Uttar Pradesh state
2. Police Officers at the Sujauli Station
Date of incident: July 10, 2009 at 11:30 am
Place of incident: Mr. Khargi’s home in
I am writing to express my concern about the lack of police action after a 14-year-old girl was raped then shot in her home in
I am informed by QIC-AC UP, a NGO based in Uttar Pradesh, that the victim was molested and raped by Ateek while her father, her only remaining family member, was away working in the fields. When she shouted for help, Ateek took out his air rifle, shot her on the left side of her heart and attempted to run away.
When Mr. Khargi went to file a complaint, the police refused to accept it until a local NGO sent a complaint. The FIR was filed on July 10, 2009 and the charge sheet has been sent to court.
An FIR has been filed against the culprit, Ateek under Section 354 for assault or criminal force to a woman with the intent to outrage her modesty and Section 300 of the Indian penal Code (IPC), 1860, which are punishable by seven years’ imprisonment and/or a fine.
Outrageously, the police have not performed their sworn public duty and conducted an investigation. Instead, they have been threatening the girl and pressuring her father to withdraw the complaint, as well as to give the police a monetary bribe.
I am deeply concerned about the manner the authorities is dealing this case. I therefore urge you to immediately intervene to ensure that an effective investigation takes place in this case. The action taken by the Sujauli police should also be looked into. I therefore request that appropriate are taken to ensure that:
1. The victim is subjected to a medical examination and her statement recorded immediately;
2. The charge be amended and a case of rape registered against the accused.
ENFORCED DISAPPEARANCE - CALL FOR ACTION BY YOUR GOVERNMENT
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I am writing to call on your government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance. As you know, the Convention was adopted by the UN General Assembly by consensus on 20 December 2006 (A/RES/61/177). The Convention will be an effective way to help prevent enforced disappearances, establish the truth about this crime, punish the perpetrators and provide reparations to the victims and their families. As countless people continue to be forcibly disappeared throughout the world, the prompt entry into force of the Convention and its ratification and effective implementation in all countries must be a priority for the international community. By taking action without hesitation, your country will be among the first 20 countries to ratify the Convention and thus instrumental to its entry into force. The Convention is among the treaties highlighted at the “2009 Treaty Event: Towards Universal Participation and Implementation” which will be held from 23 to 25 and 28 to 29 September at the UN General Assembly. The UN annual Treaty Event would provide an excellent opportunity to ratify the Convention. The ratification of the Convention would constitute an unmistakable signal that your government is committed to ending this gravest human rights violation. I therefore urge you to ensure that your government: • sign and ratify/accedes to the Convention at the earliest opportunity without any limiting reservations; • make the declarations required under Articles 31 and 32 of the Convention, thus recognizing the competence of the Committee on Enforced Disappearances to consider communications from individuals and states parties; and • take the necessary steps effectively to implement the Convention at national level soon after ratification. I thank you for your attention to this important matter and look forward to your response.
Your’s sincerely ,
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