Sunday, August 7, 2016

'Justice' in Hindustan: Bathani Tola, Laxmanpur Bathe, Tsunduru ... a roll call of caste hatred and unfathomable evil.

'Justice' in Hindustan: Bathani Tola, Laxmanpur Bathe, Tsunduru ... a roll call of caste hatred and unfathomable evil.

Justice eludes Tsunduru victims - P.Samuel Jonathanhttp://www.thehindu.com/news/national/andhra-pradesh/justice-eludes-tsunduru-victims/article8950629.ece?ref=tpnews

Laxmanpur-Bathe massacre: No one killed 58 Dalits http://www.firstpost.com/politics/laxmanpur-bathe-massacre-no-one-killed-58-dalits-1166975.html

On a chilly December night 16 years ago, 58 villagers of Laxmanpur-Bathe in south Bihar’s Arwal district were murdered in cold blood. All the victims of the massacre were Dalits and many among them children, the youngest being a one-year-old, and pregnant women. The incident shocked the nation. Former Indian President late KR Narayanan called it a ‘national shame’. Now it seems no one killed the villagers. On Wednesday, the Patna High Court acquitted all the accused for “lack of evidence”. ...

Who Killed At Bathani Tola? Two decades after the massacre, the families of victims wait for justice. http://indianexpress.com/article/opinion/columns/who-killed-at-bathani-tola/

On July 11, 1996, shortly after mid-day, the Ranveer Sena, a private militia of Bhumihar landowners, massacred 21 Dalits and Muslims, 20 of whom were women and children, in Bathani Tola, a hamlet in Bhojpur district, Bihar. The massacre lasted for three hours, yet the police personnel posted a mere 100 metres from the site stayed away. ...


Justice eludes Tsunduru victims - 6, August, 2016

Two and a half decades after a brutal carnage was unleashed in Tsunduru village, in which eight persons were lynched and another young man died in police firing, kith and kin of the victims still await justice.

There has been no progress after a bunch of appeals by the Government of Andhra Pradesh and the Dalit associations were filed in the Supreme Court in June 2014.

The delay in the appointment of a public prosecutor after senior public prosecutor M.N. Rao resigned and senior advocate Bojja Tarakam was taken ill, left the appeals pending. Senior advocate Altaf Ahamed representing the Dalit associations has since died and there has been no replacement.

The State Government filed an appeal in the Supreme Court in June 2014 against the A.P. High Court’s verdict acquitting all the 56 accused in the case citing lack of evidence.

Defining moment: It was on April 6, 1991, eight young men fleeing for safety from a raging mob of upper caste men, were lynched with axes, their mutilated bodies stuffed into gunny bags and thrown into the Tungabhadra drain. After protests erupted, one more youth, K. Anil Kumar, was killed in police firing.

The incident marked a defining moment in the struggle against caste oppression and galvinised Dalit organisations across the country.

Under pressure from Dalit and human rights organisations, the A.P. government set up a special court at Tsunduru under SC&ST (Prevention of Atrocities) Act, 1989, and in 2007, the court convicted 21 persons to life imprisonment and 35 others to one year rigorous imprisonment besides a fine of Rs.2,000 each. The A.P. High Court however, quashed the verdict and acquitted all the accused citing lack of evidence. A Division Bench comprising of Justices L. Narasimha Reddy and M.S. Jaiswal turned down the verdict of Trial Court stating that that the prosecution failed to prove the exact time of death, place of occurrence and the identity of attackers.

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"... The magnitude of Subbarao's act calls for a respectful salute. What does it take for a Dalit to stand up against the might of the upper-caste and name oppressors in a court, when in the past, he could not even walk on the street with them, leave alone look them in the eye? How many more Subbaraos will be needed before such incidents become part of a shameful history to be left behind? The Dalit women understood what he had done, and gathered quietly round him, felicitating his act when he came out of the court room. ... That the Tsunduru Dalits are no longer afraid to give witness offers just cause of celebration. They understand that it is the positioning of the court in the Dalitwada, and all that symbolizes that has made this moment possible. It is for us to follow their lead. "

Tsunduru Dalit massacre: a blood-soaked chapter in modern history August 2013http://www.thehindu.com/news/national/andhra-pradesh/tsunduru-dalit-massacre-a-bloodsoaked-chapter-in-modern-history/article4996786.ece

 DALIT ASSOCIATIONS SAY JUSTICE ELUDES VICTIMS

On this day, twenty two years ago, the remote village of Tsunduru in Tenali revenue division was witness to a brutal massacre of Dalits in a carnage unleashed by socially-dominant communities.

On Tuesday, families residing in the village converged at ‘Raktha Sketharam’, the place where the bodies of Dalits were buried, and offered their homage to the departed souls. A meeting was held in which Dalit Bahujan Front convener Korivi Vinaya Kumar and others spoke.

But years after the incident, Dalit associations say justice is still eluding them. An appeal seeking life imprisonment to 35 persons who were convicted and awarded simple imprisonment by Special Court Judge Anis in the year 2007 is still pending in the High Court. The special court awarded life imprisonment to 21 persons. The State government had not appointed a successor to special public prosecutor B. Chandrasekhar, who died in January this year.

Jaladi Wilson, convener of Tsunduru Dalit Victims’ Association, told The Hindu they had requested the government to appoint Bojja Tarakam as Special Public Prosecutor to present the case. Back on August 6, 1991, the savage attack on Dalits left eight persons dead but had many more wounded. In a planned attack, the Dalits fleeing for safety were lynched, their bodies pierced into pieces, stuffed into gunny bags and thrown in the Tungabhadra drain. One more youth, Anil Kumar, was killed in police firing in the village. The gory incident galvanised the Dalits into launching a nationwide crusade seeking social justice and emancipation of Dalits. Dalits in towns and villages poured on the streets protesting the massacre. The State government doled out welfare schemes in a bid to contain the anger but was forced to act firmly against the perpetrators of the most heinous attack on Dalits in India’s modern history. Police filed charge-sheets against 219 people belonging to Tsunduru and neighbouring villages.

Under pressure from Dalit associations, the State government established a special court under the provisions of SC & ST (Prevention of Atrocities) Act in Tsunduru to try the accused. On a tense day on August 1, 2007, special court judge Anis convicted 56 accused, out of which 21 were awarded life imprisonment and 35 simple imprisonments. It let off 115 others citing lack of evidence.

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 December 2004 Tsunduru Massacre of Dalits

Karamchedu and Tsunduru are not mere incidents of atrocities against Dalits but are significant landmarks in the history of Dalit movement in Andhra Pradesh. The movement articulated a new sense of self-respect, reclaimed the constitutional rights of Dalits and consolidated an important anchor in the interlinked fields of welfare/ rights/ policies/ studies related to Dalits in A.P. Tsunduru strengthened the demand for a Dalit president which ultimately led to the appointment of Dr.K.R.Narayanan, as the 8th President of the Republic of India.

Dalit Mahasabha, the harbinger of Dalit movement, which was formed in the wake of Karamchedu, took up the Tsunduru incident in an exemplary manner. Under their consummate leadership, the massacred Dalits were cremated right in the middle of village Tsunduru and the place was named Raktakshetram (The Land of Blood), a live reminder of the atrocity. They brought together the shattered community, scattered all over the district, and sheltered them in well-maintained camps for nine months, with meager resources and without any help from the state agencies. Over the next two years, the Sabha saw to it that four hundred and fifty families were given pucca houses; that the victims? families were given compensation of Rs.One lakh each, that eighty seven members of the community got government jobs and that those who were cultivators were given agricultural land of half acre each. The community settled back in their own village. In short, the Sabha ensured that the traumatized community stood on its feet again psychologically, economically, socially and politically to be able to continue their life and struggle for justice on their own. While Dalit Mahasabha has moved to other issues, Tsundur remains strongly on their agenda.

The struggle for the securing of these rights was long and bloody. During this time, while the main accused were not arrested, several of the protesting Dalits and their leaders were arrested and given prison sentences. Some of the young Dalit activists abandoned their education, refused marriage and dedicated themselves to the cause of Tsunduru. Anil Kumar, a key witness to the incident, was killed in police firing when they were staging a dharna to set the law in motion.

The emergence of a strong Dalit movement also led to an important change in the left politics of Andhra Pradesh. Almost all the left political parties started separate wings to work on issues of caste. The ML parties had rallied to the side of victims during the time of the Tsunduru incident, which confirmed the primary character of caste oppression first seen at Karamchedu. While Janasakti was the first one to start DAFODAM (Democratic Action Forum for Dalits and Minorities), Kulavivaksha Vyatireka Porata Samiti of CPI(M) and Kula Nirmulana Porata Samiti. The latter two organizations have over the last few years developed a presence in many areas where they have been working on atrocities on Dalits. If the constitutional approach of the Dalit Mahasabha strengthened the Dalit movement, the presence of ML groups led to an increased confidence and interest among the young. Frustration with the institutional casteism (especially among the police) faced by the wearying work of Dalit politics post-Tsunduru only strengthened their belief in the need for a violent political confrontation.

Looking at both the Dalit Mahasabha's growth and at the formation and increasing influence of Dalit organizations among the left liberal and ML parties, it is clear that the Tsunduru incident has been a formative experience in Dalit politics from the nineties onwards. It is understood by all the parties on the side of the Dalits that the continuing drive for justice and strength is yet another chapter in the legacy of Tsunduru.

All these developments have a bearing on the trial (which finally commenced a few days back). The first witness was unable to give her account due to distress, and her position in the witness order was changed by the prosecutor as he feared that she was under duress. Testimony was commenced a few days back). The first witness was unable to give her account due to distress, and her position in the witness order was changed by the prosecutor as he feared that she was under duress. Testimony was given on 1st December by Merukonda Subbarao, who had served as the first president of the Tsunduru Victims Association.  This fifty six year old daily wage-worker, identified and named forty of the accused standing in the court room, from among the one hundred and eighty three accused. The incident was etched in his memory so strongly that he did not falter despite the judges requests to repeat the identification. He also withstood the cross-examination by the defense counsel.

The magnitude of Subbarao's act calls for a respectful salute. What does it take for a Dalit to stand up against the might of the upper-caste and name oppressors in a court, when in the past, he could not even walk on the street with them, leave alone look them in the eye? How many more Subbaraos will be needed before such incidents become part of a shameful history to be left behind? The Dalit women understood what he had done, and gathered quietly round him, felicitating his act when he came out of the court room.  By the next day scores of Dalits from surrounding villages thronged the Special Court in Tsunduru to witness the trial. That the Tsunduru Dalits are no longer afraid to give witness offers just cause of celebration. They understand that it is the positioning of the court in the Dalitwada, and all that symbolizes that has made this moment possible. It is for us to follow their lead.

- Swathy Margaret and S. Jaya

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