National Dalit Movement for Justice
NDMJ strongly condemn the police brutality on the Dalit farmers in Guna district in Madhya Pradesh, which forced them to attempt suicide.
George Flyod death is still fresh in our mind, when another such heinous case of police brutality became viral in social media. A Dalit family was brutally beaten up by M.P police at the cant area in Guna district, of M.P during an anti-encroachment drive on 14 July 2020. a. A video of the same has been doing rounds across the social media wherein it can be seen that a Dalit man and his family is mercilessly beaten up with batons by 10-15 police personals. It can further be witnessed through the video that the women and the children were seen begging to the police personals while the perpetrators were dragging the man after mercilessly beating him. In the disturbing visuals it can also be seen that the Dalit women was manhandled and physically assaulted by the men police personals as the lady police officer tore off her cloth.
According to available facts it has been found that the Dalit man Ramkumar Ahirwar, 38 had reportedly had taken the land on lease from Gappu Pardhi who calims to be the land owner, and raised a loan to cultivate it. However, as per the government records Ramkumar Ahirwar, encroached upon parts of a 45-bigha land that has been allotted for the construction of a government post-graduate college. Thus, with the arrival of bulldozer the Dalit couple was left with no choice, but to give up their life.
In this Covid-19 pandemic, when Dalits and other marginalised community already suffering the double brunt of the society, police brutality further making the situation worse. It is not the only case of police brutality during Pandemic. Since, lockdown various cases of police brutality on Dalits and marginalised has been found, many of which are not reported out of fear of the system.
NDMJ- NCSPA urges all the media houses in the country, to address this issue of police brutality to be taken seriously and bring in front of the society.
NDMJ- NCSPA calls upon the state to uphold the rights and dignity of all people especially the more vulnerable community during these pandemic.
Calls for strict actions :
- An FIR should be lodged under Section 3 of the SCs and STs PoA Act 1989
- An FIR shall be lodged under Section 4 of the SC /ST (PoA) Act, 1989 for the willful negligence of duties against the erring police officials involved in this incident.
- Ensure that the victims get access to the exclusive Public Prosecutor of their own choice as per Rule 4(5) of SCs and STs (PoA) Rules 1995.
- Ensure that the trial of the case is conducted in exclusive special court as per Section 14 of SCs and STs (PoA) Act 1989 and the charge sheet shall be filed in the special court within 60 days as mandated under PoA act.
- Providing relief to the victim family shall be taken up as a priority. The victims shall be provided Compensation as per Rule 12(4) of the SCs and STs (PoA) Rules, 1995.
- As mandated under the PoA rules, victims shall also be rehabilitated to a safe place where they shall be provided with a land, a house, a family member to be employed in government job, and lastly education of the victims children at the government expense.
- Ensure that the names, duty records and registers relating to all police officials on duty while the victims were beaten and tortured are secured.
- Ensure that the investigation into the F.I.R is conducted by the police officer of the rank of Deputy Superintendent of police as per rule 7 of SCs/STs (PoA) Act Rules 1995 having impeccable integrity.
- Ensure victims and witnesses are provided adequate protection as per SCs/STs (PoA) Act 1989 also taking into consideration the recent SC judgment in Mahender Chawla v. Union of India (W.P. Crl. 156/2016).
- The NHRC uses this incident once again to impress upon the Supreme Court and the Government of India to ensure that we ratify immediately not only the UN CAT but also the Optional Protocol to CAT.