Ensure Justice to Dalit Murder Victims, Respect Rights of Dalits

Urgent Appeal Updates...

13 October 2010

The sentences of the 6 convicted of the Khairlanji murder were commuted. While 4 of them were commuted from death penalty to 25-year imprisonment, the other 2 kept their life sentences.

In the investigation, the Central Bureau of Investigation (CBI) was criticized for its neglect of a number of evidence which indicated the murder as a caste-discrimination. The Bombay High Court has refused to invoke the provisions of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and insisted the case as a “revenge murder”.

While civil society, especially human rights groups, disapproved death penalty as an effective way to prevent similar tragedy, they criticized that the court, the state government and the investigation agencies have intentionally neglected the discrimination based on caste system, which mainly intrigued the murders. This neglect of the caste-discrimination has connived the caste-based atrocities.

In the Khairlanji murders, a Dalit family, Bhotmange, was killed on 29 September 2006, with some family members raped, by higher caste villagers. However, local media has failed to report the crisis of humanity. To magnify the voice of the vulnerable and to demand justice for the Bhotmange family, ACPP issued UA061122(9) in November 2006.

Sources: Asian Human Rights Commission, zeenews.com and Daily News and Analysis

31 July 2009

Regarding the caste atrocity on the Bhotmange family at Khairlanji village, Bhandara, only eight of the forty-six arrested were sentenced, two receiving life imprisonment and the other six were sentenced to death on 24 September last year. Three persons were acquitted for lack of evidence.

In spite of the harsh punishment, the lower court at Bhandara denied caste hatred as the motive of the murder of the family. The Central Bureau of Investigation (CBI) insisted that there was caste hatred behind the convicts. Thus in the hearing on 1 June 2009, CBI filed an appeal seeking reversal for the three acquittals and suggesting death penalty for the two life-sentenced convicts.

The CBI official was questioned by the high court and was directed to submit detailed evidence of the murder, including the charges, the witness and their specific statement given to the authorities. In its appeal, the CBI was relying on a recent ruling of the Supreme Court which mentioned that a caste angle in the first information report was not necessary to establish an atrocity case. If the case were judged according to the Supreme Court, the crime committed will be less serious and the sentence will hence be lighter. Thus, the CBI, during the hearing on 2 July 2009, insisted that all the accused were convicted for the same crime and hatred against Dalits, so they should all deserve the same punishment.

The High Court has not admitted the appeals and posted the matter for the next hearing on 24 August.

In order to send a message against caste violence and to ensure the rights of Dalits, it is essential to investigate and try the case properly. The murders should be lodged under the appropriate sections of the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act 1959, instead of non-cognizable offences or refusing to file complaints against higher caste groups. UA061122(9) was issued in November 2006 to urge the authorities to respect and protect the rights of Dalits both in this case and in general.

Sources: Indian Express, Hindustan Times

2 June 2009

Within 6 months of the verdict of the special court on 24 September 2008, which found 8 accused guilty of murdering the Dalit family, Bhotmange at Khairlanju village, Bhandara, the convicted accused have filed an appeal in the Nagpur bench of the Bombay High Court in February 2009, challenging the death penalty and life imprisonment imposed on them.

Only with efforts of vigilant social activists, the Central Bureau of Investigation (CBI) had later submitted a petition, on behalf of the victim, Bhaiyyal Bhotmange, in the Nagpur Bench, appealing the High Court against acquittal of the 3 accused, acquittal of the 8 accused from charges under the Prevention of Atrocity Acts, as well as enhancement of punishment from life imprisonment to death sentence. This showed that continuous alert and timely interventions are necessary to ensure justice to victims, especially when the judiciary is reluctant to act.

Although heavy punishment was imposed for the crime against Dalits in September 2008, apparently sending a message against perpetrators of caste violence, the charges were not invoked under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 and the relevant sections under the Indian Penal Code, thus ruling out caste hatred and rape in the massacre. Treating it as just another criminal act, the judgment dismissed the caste -based reality of the horrific crime.

In support of the struggle of the Dalit community in India, and efforts against atrocities committed against them as reflected in the massacre of the Bhotmange family, ACPP issued UA061122(9) in 2006 to urge the authorities for proper registration of complaints against the perpetrators and protection of Dalit communities.

Source:
Times of India,
The Hindu, Atrocity News (online discussion forum)

16 October 2008

Considering that the case involved murder of people belonging to a lower caste and harsh punishment was given to the accused, it was a significant verdict regarding the Khairlanji massacre, where 4 members of a Dalit family in Ghandara district of Maharashtra were paraded naked, tortured, sexually assaulted and then beaten to death on 29 September 2006. Within 2 years of the incident, on 24 September 2008, a fast track sessions court in Bhandara awarded death penalty to 6 convicted persons and life imprisonment to 2 of them.

The trial of the case began only in May 2007 and lasted over a year, during which 36 witnesses were examined. The state government had since suspended four police officers and three medical officers for dereliction of duty and Mr. Bhaiyyalal Bhotmange, the lone survivor of the family, was offered Rs 12 lakh (Rs 1,200,000 or USD 25,000), a house and employment by the governmentas compensation.

This case is indisputably an example of atrocities on Dalits or the marginalized section of society, which is rampant in India. Although special laws are there to protect the lower caste, these are either not registered by the police, or long judicial trial and various loopholes in the judicial system often result in small number of convictions. In this case, the Central Bureau of Investigation (CBI) was only able to file chargesheet against 11 out of the original 46 accused and eventually, only 8 were sentenced and 3 discharged.

In any case, the verdict should not bethe end of the struggle for a greater reason: to provide protection to the rights of the people in lower castes. It is now up to the state government to challenge the release of the 3 accused in higher courts, and for the CBI to decide whether to move the Bombay (Mumbai) High Court to seek maximum punishment to 2 of the convicted persons who have been sentenced to life imprisonment.

The Khairlanji massacre of the Bhotmange family erupted reaction from Dalit community across India and forced the Maharashtra government to handover the case to the CBI. To support the struggle of the Dalit community, Hotline Asia issued UA061122(9) in November 2006 to urge the police to register complaints properly, expedite the CBI probe and to stop increasing atrocities against Dalits.

Sources:
Newstrack India
Sify
Local source

30 May 2007

In September 2006, a mob of upper caste Hindus massacred 4 members of a dalit family in Khairlanji village at Bhandara district in Maharashtra. The 2 women were raped in public before they were killed with 2 other relatives. Their neighbours who are mostly from the upper caste, did not intervene, and the police and the Maharashtra government have been criticized for ignoring the crime until it was reported in the national papers one month after.

Forty-six people have since been arrested and 35 discharged and released on bail in February, until finally 11 remained when the case was transferred to a special court at Bhandara.

Cross examination of witnesses in the Khairlanji Dalit killings began in the fast track court at Bhandara on 4 May. Only 1 witness was reportedly cross-examined in the first of the three-day trial which is designed to cover 14 witnesses. There are altogether 74 witnesses.

In solidarity with national organizations and social activists who demanded for justice for the family and the entire dalit community, Hotline Asia issued UA061122(9) in November 2006 to urge the authorities to take measures to protect witnesses and pursue proper investigation on the case.

Source:
Indian Express

29 March 2007

Out of forty-six people who were arrested in connection with the killing of four members of the Bhotmange family in September 2006, thirty-five have been discharged on 12 February 2007. They were earlier granted bail after completion of 90 days of magisterial custody remand. Among the discharged were the former head of Andhalgaon police station in Bhandara district, under whose jurisdiction Khairlanji village falls. Meanwhile, NGOs in Mumbai protested against the release and submitted a memorandum.

The remaining 11 were remanded to judicial custody which was extended until 2 March 2007. The case was then forwarded to a special court at Bhandara. Six of them have applied for bail, which was rejected and their remand was further extended until 16 March 2007.

The massacre of dalit family took place in a Khairlanji village near Nagpur, Bhandara district in Maharashtra, where a mob of upper caste Hindus raped 2 dalit women in public before killing them and 2 male relatives. Social activists accused the Maharashtra government and the police of ignoring the massacre as local administration did nothing until it was reported in national newspapers one month after it happened.

Hotline Asia issued UA061122(9) to raise concern on the inaction of the police over the atrocities against the dalit family, and to urge for proper registration of complaints against the perpetrators, protection of witnesses, expedition of the investigation and protection of dalit communities.

Source:
Times News Network
Express News Service