This village is 20 kms away from Una town. On 11th July 2016, when the youth from leather tanning caste of this village were skinning the skin of dead cows, they were attacked by dominant caste youth in the garb of protecting cows.
F.I.R. no. I- 127/16
Date of registration of F.I.R. – 11th July 2016-07-20
Time of registration of F.I.R. – 07.30 pm
Sections invoked in F.I.R. – I.P.C. sec. 307, 395, 324, 323, 504, G.P. act sec. 135 and atrocity act sec. 3 (2) 5.
Sections found missing in F.I.R. – I.P.C. sec 34, 364, 355, 120 (B), 506 (2). 141, 142, 143, 144, 146, 147, 149 and atrocity act sec. 3 (1) d, 3 (1) e, 3 (1) i, 3 (1) r, 3 (1) s. 3 (1) w (i) (ii)
Facts of Incident
The complainant’s father Shri. Balubhai Sarvaiya hails from leather tanning caste called as Rohit caste in Gujarat. He has been doing caste based occupation for a long period of time. He not only gets dead animals from his village, but also from the nearby villages.
Village head of Mota Samadhiyala, Shri Prafulbhai Korat who comes from dominant caste has been harassing Balubhai for some time. He also had issued Balubhai written notices to demolish his house. 6 months back, there were some heated arguments between the village head and Balubhai and the village head challenged him” तू अभी जो धंधा कर रहा है वह बंध कर दे, तेरी मरी हुई गाये कभी भी जिन्दा हो सकती है और यह तुझे बहुत भारी पड़ेगा” But Balubhai did not took this threat seriously.
On 11th July 2016, Balubhai got a phone call from Naajabhai Danabhai Ahir from Bediya village that his cow was attacked by a lion and has been killed he asked him to take the dead cow. So he went to bring the dead cow and brought it to Samadhiyala village. Again he got a call from Jivabhai Koli from Motisara village that his cow has died and also asked him to take the dead body of the cow. Hence Balubhai asked his son to get the dead cows. All the cows were brought in the barren land of Mota Samadhiyala village at around 10 am on 11th July 2016, by Dalit youth Vashram Sarvaiya, Ramesh Sarvaiya, Bechar Sarvaiya and Ashok Sarvaiya and they started skinning the dead cows.
Meanwhile a four wheeler came and saw them and went away. Little later two four wheelers came and there were 30 to 35 men with sticks and iron pipes. They started shouting “ सालो जिन्दा गायोको काट रहे हो” They also started abusing them with caste based derogatory words and then started hitting the four dalit youth with sticks and rods. The victims kept on saying that these are all dead cows, but the accused kept on beating them.
A man from Devipujak caste witnessed this incident and informed Balubhai Sarvaiya on the phone that his son and other Dalit youth are been beaten up a big mob. Hence Balubhai and his wife rushed to the place of incident. They requested the mob to not beat the Dalit youth.
But the attackers did not listened to the plea and they kept on beating the four dalit youth for one and half hours. After this the accused removed the shirts of the four Dalit youth and forced them to sit in their vehicle. Balubhai also tried to sit in the vehicle, but he was hit on the head with iron pipe by the attackers and he fall down there. His wife, who tried to save him, was also beaten up by the attackers. The attackers took the four Dalit youth towards Una town. On the way they met a police vehicle, which asked them to stop and there was conversation between the police and the attackers that they are taking the four Dalit youth to Una town. The police told the attackers that they are going to the place of the incident. This shows that the police was involved in this atrocity.
After reaching Una town, all the four Dalit youth were tied to the back side of the four wheeler no. DD.03.F.1294. On the back side of the car was written” President- Shiv Sena, District- Gir somnath. After tying them, the attackers started hitting the four Dalit youth with sticks and Iron pipes and took the four victims from Una Bus stand to Una police station and were put in police lock up. The entire incident was also video taped by the attackers.
Meanwhile, 108 ambulance was sent to take the complainant Babubhai and his wife to be treated in the hospital. But the police told the ambulance driver to take them to Gir Gadhda instead of Una town. But Balubhai and wife said that they want to go to Una town for medical treatment. The police threatened them and also misbehaved with them.
Meanwhile, people of Una city also came to know that four Dalit youth are been beaten and they started gathering at the place of incident, where the Dalit youth were being beaten. Seeing the Dalits coming around, the attackers escaped from the place of incident.
After due pressure from Dalits, late in the evening F.I.R. was lodged against the attackers and their names are:
1. Pramodgiri Rameshgiri hailing from Simar village in Una block.
2. Balvant Dhirubhai from Una town
3. Ramesh Bhagwanbhai hailing from Saamter village
4. Rakesh hailing from Bhimpara, Una town
5. Rasik hailing from Bhimpara, Una town
6. Naagji Dahyabhai Aahir hailing from Bediya village in Gir Gadhda block.
Following are the demands:
- In depth investigation needs to be done by a sitting high court judge and SIT panel needs to be set up immediately
- As more than 30 attackers were involved, hence identification parade has to be done.
- The vehicle/s used in the incident has to immediately trace and to be taken in police custody.
- There has to be ban on Cow protection “ गौ रक्षा समिति”. The state already has a law banning cow slaughter.
- Legal action has to be taken against the village head of Mota Samadhiyala.
- As per the amended atrocity act 2015, charge sheet has to be framed in 60 days.
- Appointment of credible lawyer as public prosecutor, during the trial of the case.
- Legal action against the police officers of Una police station and to be put them in the accused list.
- The state should file a complaint against the suspected police officers under I.P.C. sec. 166 (A) and 217, 218 and as per the amended atrocity act 2015 sec 4.
- Statement of the victims and eye witnesses to be taken under sec. 164 of Criminal procedure act.
- Compensation of Rs. 10 lac each to be given to the victims from the chief minister’s relief fund.
Statement from ‘A Song for Next Day’
The videos of horrific incident were recored and posted on social media which created uproar among public and wider protests are rising up through out state against rising atrocities on dalits and hindutva fascism. India needs freedom from Brahminical colonialism and right wing fascist forces. Oppressed are rising up to smash oppressor. In a protest after the incident, dalits have thrown dead cows at collector office and denounced this caste based work. More than 10 dalits attempted suicide after the incident. It shows the anger and amount of suffocation in which dalits are living. It shows the reality of Gujarat Model. Muslim youth activists have shown solidarity with rising dalit movement in the state. Jan Sangarsh Manch has organised protest and stand in solidarity with dalit movement and its revolutionary sprit. Family members of victims have denounce financial assistance, they want justice, equality, and dignity. Many parliamentary parties are trying to use the incident for upcoming elections in the Gujarat state. Brahminical colonialism hand in hand with capitalism can not be overthrown by electoral politics. A revolutionary movement with unity of oppressed class will make real change in society.
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