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Citizens for Justice and Peace (CJP) have filed a complaint with the National Commission for Scheduled Tribes (NCST) seeking protection for the family of the 46-year-old Tribal man, Kishnaram Bheel from Rajasthan who was lynched by a group of people over drawing water from a tube well. CJP’s complaint also seeks stringent action against the alleged perpetrators, who are still not all behind the bars, fair investigation and monitoring of the prosecution.
In the petition, CJP has highlighted the plight of the Tribal community living in India. While giving the detailed account of the offence, CJP has further emphasised on the need for providing further protection under the existing law to the victim’s family to ensure that the accused upper caste do not further harass the family into withdrawing their complaint.
The complaint urges the Commission, to “closely monitor the case through the investigation and prosecution to ensure that substantive and exemplary justice is delivered. The tragic life lost must be reasonably compensated for by justice and full reparation. Often after the first flush of media attention when the furore dies down, the investigation falters and when evidence is not properly collected, the prosecution fails. It would be in the fitness of things that the NCST Commission takes an interest in deliverance of justice in this case till justice is delivered.”
CJP’s complaint further says, “We are aware that an offence has already been registered and are simply urging that further protection under the existing law is also provided to the victim’s family.” The complaint lists provisions under Section 15 A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 that provide for “protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence” as well as right of the victim’s family “to be heard at any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing.”
Brief Facts of the Case
On November 7, a 45-year-old tribal man from Rajasthan’s Jodhpur district died as he was assaulted by a group of people over drawing water from a tube well. As per the police, the family of the deceased alleged that the accused also abused the deceased man Kishanlal Bheel (46), from Bhomiyaji ki Ghati, with casteist slurs. The incident took place on November 6 in Soorsagar.
Ashok, the deceased’s brother, claimed that the accused prevented the victim’s family from taking him to the hospital. The critically hurt man wasn’t taken to a hospital until after police arrived, according to the brother; there, he died from his wounds.
The police have so far arrested three people — Shakeel, Nasir, and Bablu — and booked them under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and Section 302 (murder) of the Indian Penal Code. The search for the other perpetrators is still ongoing.
Pattern of abuse against tribals and previous complaints by CJP
The anti-tribal violence is a menace that has been on the rise. There are a total of 70,818 cases of atrocities against SCs and 12,159 against STs pending for investigation at the end of the year 2021. A total of 2,63,512 cases of SCs and 42,512 cases of STs were placed for trial in the courts, according to the data provided by the NCRB report of 2021.
In the year 2020, CJP approached the NCST against the injustice being done to members of nomadic tribe Van Gujjars in Rajaji National Park, Dehradun. Since June 16, 2020 forest officials had been harassing the community living in Asharodi Forest of the Rajaji National Park, which had ultimately resulted in many members of the community, of one particular family being arrested and few others being injured and ending up in the hospital.
In July 2020, the Tharu Adivasis of Kajaria Village in Dudhwa Tiger reserve, Lakhimpur Kheri, UP were assaulted by forest officials and local police who even fired shots in the air, molested women and beat up some youngsters. CJP and the All India Union of Forest Working People (AIUFWP) immediately wrote to the National Human Rights Commission (NHRC) which in turn sought an Action Taken Report (ATR) from UP’s Forest Department.
CJP’s complaint may be read here:
Related:
Rajasthan: 46-yr-old Tribal man lynched for drawing water from tubewell
CJP-AIUFWP petition NCST to take note of atrocities against Van Gujjars
CJP moves NHRC against police and forest officials in Dehradun for assaulting tribals
Forest Rights: Van Gujjar family released on bail, after custodial assault