In July 2023, a fact finding team in Chikkmagluru conducted a deep dive research into the election-related caste violence that had taken place in the month of May 2023 at Ashraya Badavane in Chikkamagaluru city. This team comprised of Mr. Krishnamurthy (Samvidhana Samarakshane Vedike, Chikkamagaluru) and Mr. Sivamanithan (Advocate, Bengaluru), Dr. Sylvia Karpagam (Public Health Doctor, Bengaluru) and Siddharth K J (Researcher, Bengaluru). The caste based incident mentioned in the report took place towards Arun Kumar, a member of the Dombara (scheduled caste) community, who was grievously assaulted by the upper caste men affiliated to Bharatiya Janata Party (BJP) for celebrating the victory of Congress MLA H D Thimmaiah.
To find the details of the incidents, the team spoke to the Dalit families residing at Ashraya Badavane in Chikkamagaluru town and the Superintendent of Police of Chikkamagaluru district. As stated in the report, the facts, observations and recommendations presented are based on the statements made by the residents of Ashraya Badavane and relevant documents collected by the fact-finding team.
The incident and its causes:
The fact-finding report includes a detailed account of the day’s incident and events as well as factors that contributed to them. Arun Kumar and other Congress supporters were celebrating the party’s victory by lighting fireworks in a lane in Ashraya Badavane on May 16, 2023, about 4:30 p.m., when three members of a dominant caste attacked them. It has been claimed that the perpetrators support the BJP party. There was allegedly a physical altercation as well as verbal insults and caste slurs directed towards Arun Kumar. The said fight was broken up by friends of Arun.
According to the narrative, Arun Kumar was attacked by three members of a dominant case again later that day at around 6:30 pm. The three allegedly abused Arun Kumar with derogatory terms of caste and one of them, Puttaraju, also attacked Arun Kumar with a long machete while aiming for his head. Arun defended himself by raising his left hand, because of which the machete struck his left shoulder, deeply cutting him. Arun Kumar was taken to M G Hospital by a member of his community, where his left shoulder received 11 stitches as part of treatment.
Registration of the FIR:
As per the report, the police reached the hospital and took the statement of Arun Kumar, based upon which an FIR came to be registered with the Chikkamagaluru Town Police Station. The sections used in the FIR under Indian Penal Code were- Section 504 (intentional insult), 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means). Section 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act were also used. As was highlighted by the team, despite Arun’s insistence that the assault on him was done with the intention of murdering him, the said section was not used in booking the accused.
Lapses in Investigation- Findings of the fact-finding team:
In the said report, the fact finding team has highlighted glaring lapses in the investigation conducted by the police in the case, which ranged from failure on the part of the police to invoke appropriate sections, to non-disclosure of Mahazar document contents to Arun and his friends, to contamination of evidence. It was also reported that the accused, who were already in the custody of the police, at the time of the recovery mahazar and also for spot mahazar. Lastly, the report provided a failure of police to record the statements of Arun Kumar under Section 164 of the CrPC.
Filing of a false counter case:
The report also highlights that, after the deadly assault on Arun Kumar at around 6:30 pm, on the very same day at around 8:30 pm, a case was filed with the Chikkamagaluru Women Police Station. In the said case, Pushpa, the wife of one of the assailants had lodged a complaint against Arun Kumar and a few others from the Dalit community, alleging that these persons entered their house between 6 – 7 pm on May 16, the same day as the attack on Arun Kumar, and assaulted them. The report highlighted that the Chikkamagaluru Woman PS, without any inquiry, registered an FIR, for offences punishable under Section 448 (house trespass), 354 (use of criminal force to outrage a women’s modesty), 504 (intentional insult), 427 (causing damage) and 323 (voluntarily causing hurt) of IPC.
A culture of caste-based violence, consequences only for the marginalised:
The said fact finding report also provided insight into the life of Dalit families after having suffered violence and filing complaints against perpetrators belonging to the dominant caste. The report claims that Dalit families at Ashraya Badavane continued to face harassment and intimidation from the dominant caste families. In this case, the three accused were out on bail, and could regularly be seen near the houses of the Dalit families bike wheeling, walking semi-nude in their underwear, cursing street dogs with castiest slurs.
The report also highlights the two decade old history of caste-based harassment and violence that the Dalit families of Ashraya Badavane have been facing at the hands of the dominant caste residents of the locality, which have intensified from 2014. A list of instances of some incidents of caste-based harassment, discrimination and violence against the Dalit families, ranging from assault of women, sexual assault, beatings, were provided in the report. The report also brings forth the helpless and pitiful plight of the Dalit families living there, who are not even allowed to celebrate any festivals, even Ambedkar Jayanthi in the area.
Key Observations and recommendations:
The fact finding team observed this case of caste-based violence to have ingredients of police bias, who have been acting in a partisan manner during the last two decades and have failed to restrain the caste-based and gender-based harassment and violence against Dalit families. The team also observed that there has been a gradual but clear escalation in the violence and harassment against the Dalit families in the locality by dominant caste families, which culminated into the grievous assault on Arun Kumar. The environment was observed by the team to have reached such a point that the Dalit families live with a sense of deep fear and foreboding owning to the violence they face as well as the apathy of the local police. The situation is such that even when one Dalit families rises against the violence being meted out to them, the other Dalit families living in various other lanes of the locality are afraid of supporting them because of fear of retaliation from their dominant-caste neighbours who outnumber them.
Based on the above-mentioned observations, the following recommendations were given by the fact-finding team:
- Safety of the Dalit Families: The safety and security of the affected Dalit families of Ashraya Badavane should be ensured immediately. A sentry should be posted at Ashraya Badavane and regular visits should be undertaken to mitigate caste based violence.
- Amendment of FIR: The FIR in the case of attack on Arun Kumar should be amended to include IPC section 307 (attempt to murder) and SC/ST (PoA) Act Act (as amended in 2016) Section 3(2)(va).
- Action against Police Officials: Legal action should be taken under the SC/ST (PoA) Act 1989 against the police officials responsible for omission of IPC section 307 (attempt to murder) and SC/ST (PoA) Act 1989 section 3(2)(va) from the FIR.
- Appeal against Bail Orders: The government should appeal against the court order granting bail to the accused in the case of attack on Arun Kumar.
- Support to the Dalit Families: The Deputy Commissioner and officials of the Social Welfare Department should immediately visit the families and provide them with counseling support and rehabilitation.
- Ensure Dignity for the Dalit Families: The Police should ensure that the Dalit families of Ashraya Badavane are free to practice their economic, social activities without indignity, humiliation, social boycott or aggression.
- Departmental Enquiry: A Departmental enquiry should be initiated into the insults and harassment faced by Anthonyamma and her daughters at the hands of the police personnel of Chikkamagaluru Town Police.
- Installation of CCTV Cameras: CCTV cameras should be installed near the houses of Dalit families of Ashraya Badavane as a precautionary measure.
- Handing over probe to CID: The serious lapses in the initial stages of investigation would only result in acquittal of the accused and therefore considering the glaring lapses of the police and the investigating officer in Cr No. 82/2023 (Chikkamagaluru Town PS) the investigation must be handed over to the CID for fresh investigation.
- Sensitization of dominant caste families: Police officials must hold meetings with the dominant caste families in Ashraya Badavane to sensitize them with the ideals of Fraternity and Brotherhood.
- Mitigation of Caste-based Violence: The Police officials and the officials of the district social welfare department must meet the Dalit family members of the Ashraya Badavane on a weekly basis to mitigate caste related violence.
- Sensitization of Police: The Chikkamagaluru Town Police officials must be sensitized to handle complaints of caste related violence on priority basis.
The complete report can be read here:
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