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:

1. 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.
2. 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).
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. Installation of CCTV Cameras: CCTV cameras should be installed near the houses of Dalit families of Ashraya Badavane as a precautionary measure.
9. 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.
10. 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.
11. 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.
12. 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:

Related:

Gujarat: Family of Dalits attacked by six men belonging to the Kshatriya community, leaves 2 dead, 4 injured

Recent report provides 400 incidents of violence against Christians since January 2023, 155 reported in UP alone

Another student, belonging to the Scheduled Caste community, dies by suicide in IIT

MP, UP witness shocking incidents of violence against Dalits

Theirs & ours, how Indian cities discriminate against Dalits & Muslims

UP: 2 Dalit Undertrials ‘Commit Suicide’ in Sultanpur Jail Premises, Families Allege Foul Play

UP: Dalit man allegedly maimed, his pregnant wife beaten by Caste Hindus in Etah

Dalit man succumbs to thrashing by hotelier: Gujarat

Caste abuse on Dalits: murder, thumb chopped off, not allowed to “good” clothes, touch cricket ball or ride a horse!

The post Dalit families found to be living in fear of violence at the hands of dominant caste neighbours in Karnataka appeared first on SabrangIndia.

The Editors Guild of India (EGI) is sending a three-member fact-finding team to Agartala to investigate the many reports of draconian criminal laws that have been invoked against media, and thus preventing journalist from reporting on the aftermath and the reasons behind the recent communal violence in Tripura. The EGI issued a statement signed by Seema Mustafa, president, Sanjay Kapoor, general secretary and Anant Nath, treasurer, detailing its team of senior journalists Bharat Bhushan, Pradip Phanjoubam and Sanjay Kapoor. The team is expected to meet government officials, media persons as well as members of the civil society.

Tripura Police had imposed the Unlawful Activities (Prevention) Act (UAPA) against 102 social media handles, including journalists who reported or merely commented on news of the alleged attacks on mosques and the violence that ensued. The statement may be read here: 

Tripura Chief Minister Biplab Kumar Deb tells DGP to “review” UAPA cases 

Over three weeks later, on Sunday November 28, Tripura Chief Minister Biplab Kumar Deb has instructed Director General of Police V S Yadav to “review” the UAPA cases against social media accounts, and submit a report. In turn, stated news reports Yadav directed the Crime Branch, which is now investigating these cases, to review them. According to Indian Express, an unnamed senior official of the Chief Minister’s Office (CMO) said, “There was a conspiracy to disturb the law and order in Tripura a few days back through fake photos and videos of alleged arson at mosques on social media. In order to bring the situation under control and maintain communal harmony, Tripura Police filed cases against 102 people, including some journalists and lawyers.”

Journalists reporting from  Tripura’s are under a scanner

When the UAPA had been invoked the EGI had expressed shock at the action initiated against journalists  who were “reporting and writing on the recent communal violence”. Various journalists covering the aftermath of Tripura’s communal violence have so far been questioned, detained, arrested, even allegedly attacked for doing their jobs.

The latest was journalist Ali Akbar Lashkar (27), who works for the Kolkata-based Bengali news portal Ab Tak Khabar. He had come to Tripura on morning, to report on the situation in the state, after TMC leader Saayoni Ghosh, was arrested and accused of criminal conspiracy and attempt to murder, but was allegedly attacked by a mob “I have come to Tripura for the first time and I was attacked… imagine how scared the locals must be,” he said.

Related:

Tripura: Journalists still make headlines for surviving attacks, rather than reporting them 
UAPA is used as preventive detention law, without it being one: Ex-civil servants petition SC
Journalists Samriddhi Sakunia and Swarna Jha granted bail 
Tripura Police demand suspension of 68 Twitter profiles for comments on communal clashes
Tripura violence: Hate and communal polarisation
Notice under UAPA: A never ending spiral of detention
Tripura: CJP writes to NCM over vandalisation of mosques and shops owned by Muslims

The post Editors Guild of India sends fact-finding team to Agartala appeared first on SabrangIndia.

In light of the blatant attacks by alleged right-wing goons on the students of the Jawaharlal Nehru University (JNU), the Jamia Coordination Committee (JCC) issued a press-statement condemning the incident at JNU where the JNU student union President Aishe Ghosh was brutally attacked and other students were injured too.

The statement spoke of reports of women trapped inside the hostels being attacked by masked goons with acid and of them roaming with iron rods and other deadly weapons. It stated that the residences of teachers were vandalized and no ambulances were allowed in the campus for the treatment of the injured students and teachers. It also mentioned about the inaction of the police while the terror was unleashed on the students.

The statement read, “At 7:30 pm a call for protest was given for ITO headquarters to put an immediate stop to the massacre happening inside JNU and to hold police accountable for its complicity and facilitation of the terror unleashed on university students. Meanwhile students and civil society activists gathered in large numbers outside the JNU main gate. Many of them were heckled and manhandled. Some students from Jamia Millia islamia also reached there and were attacked by the goons too.”

The press statement states that only after immense pressure at ITO, DCP Mandeep held talks with some of the protestors where a demand letter was also handed to him by the students. In the meeting it was also decided that –

1. A fact finding team of students will be sent to the JNU campus immediately. This will be escorted by the police.

2. Two representatives will be sent to AIIMS trauma centre and will be allowed to speak with the injured students. These too will be escorted by the police.

The JCC said that the fact finding teams to the two sites would consist of students from Jamia, Delhi University and a JNU alumnus and advocate.

Stating that the entire nation was in a sever crisis and a situation of undeclared emergency and that the attack pointed to the failure of the entire constitutional machinery, the JCC said that the police, under the orders of the central government was either unleashing or facilitating terror inside universities. It put forth a demand that the goons who unleashed terror in JNU be identified and an FIR be initiated immediately against them.

The attack on the students of JNU was reported to be unprovoked. Masked goons entered the university shouting slogans like “Desh mein gaddaron ko, goli maaro saalon ko” apart from “Laal Salaam Murdabad” and “Bharat Mata ki Jai”.

JNU has been simmering with uneasiness since November last year, after protests against the proposed 300% fee hike by the administration escalated with the Delhi police unleashing violence on the protesting students who were fighting tooth and nail for affordable education. The University students had called for the boycott of the semester examinations that were to be held starting January 1, 2020 and were to end on January 5, 2020. Even in the face of stoic silence from the Vice Chancellor who refused to even acknowledge their concerns, the unshakable resolve of the students to not budge or shy away from their fight was seen as a success in the face of unrelenting oppression.

The current attack on the students is now being seen as a reprisal against the success of the JNU movement and an even heinous one than before for it was given a push by the allegedly complicit police and the government.

Related:

What Exactly Happened in JNU ?
Mumbai comes in to ‘Occupy Gateway’ in solidarity with JNU students
Streets around Jamia coloured live with protest art
Kejriwal takes stand against CAA-NRC

The post Jamia issues press statement condemning JNU violence appeared first on SabrangIndia.