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Respected Judges,
Subject: Request for legal solution for persisting issue of caste-based mob violence in Tamilnadu
I am writing to place a formal request with your honourable court to consider possible legal solution for persisting problem of caste-based mob violence in Tamilnadu. I am not a qualified lawyer and by no means an expert in law. However, as a tax-paying citizen of India, reporting to the Constitution of India, I consider it my responsibility to formally register my concern and request the constitutional provisions that some of my fellow citizens of India are not able to access without possible legal solutions.
I wish to submit the petition below for your reference where I have documented my view of the problem along with prayer requesting your response to the same. I realize that my drafting will not be compliant to the standards you are aware of or for that matter, even compatible with the minimum legal requirements for its completeness for a lawful consideration. Despite this, I am making my best effort to formally reach out to the judiciary as an individual tax-paying citizen. I do not have the resources to hire a lawyer and conduct detailed court proceedings. However, I am available to appear before your honourable court to present my case, should you need me to do it. The citizens on whose behalf I am submitting this petition do not have this facility either and even if they do so, they are not fully aware of such options.
I hope your honourable court will allocate some time to consider this petition and pass necessary orders. Thanks for your time and consideration.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Crazymotts
Affidavit of Crazymotts
1. I would like to bring the following organized riot events to your notice:
a. Veeralur riot:
As per the news published in The Indian Express, dated 20th January, 2022, large group of people attacked a Dalit street in retaliation to their demand for carrying the dead body of a Dalit through a common street. Apparently, the Dalits are not allowed to carry the dead bodies of their family members through the common street and they have been given the permission to carry the dead bodies through a dedicated pathway. While such segregation itself is a violation of the constitution of India, the mob violence in retaliation to the Dalits exercising their fundamental rights is whole different violation of such nature.
b. Dharmapuri riots:
As per the news published in The Hindu, dated 8th November, 2012, three streets where Dalits lived were attacked by a mob as a retaliation for the suicide of a caste hindu man whose daughter married a Dalit man against her parents’ wishes. Not allowing consenting adults to marry on the basis of caste discrimination is a violation of the constitution of India and so is the attack on Dalits in retaliation.
The attack had started at 4.45 pm and had lasted until 7 pm. 1500 Dalits were displaced and accommodated in government schools. 268 dwellings were torched and the Dalits’ belongings were looted. The attack began as a protest where roads were blocked during the day by placing cut-down trees as a blockade.
[Reference: https://www.thehindu.com/news/national/tamil-nadu/3-dalit-colonies-face-mob-fury-in-dharmapuri/article4076539.ece]
c. Siva Ganga violence:
As per the news published by The Hindu, dated 29th May, 2018, a 15-member gang armed with deadly weapons entered the Kachanatham village around 9.30 pm after disconnecting power supply and conducted an attack where at least 2 Dalits were hacked to death while 6 other Dalits were left with serious cut injuries. This attack was done in retaliation to the Dalits not offering respects on priority to caste hindus in a public temple event. While demanding Dalits to offer respects on priority to non-dalit castes is a violation of the constitution of India, so is the pre-planned attack on them.
[Reference: https://www.thehindu.com/news/national/tamil-nadu/two-dalits-killed-in-attack-on-sivaganga-village/article24025723.ece ]
d. Ponparappi riot:
As per the news published by The New Indian Express, dated 10th May, 2019, a mob conducted a pre-planned attack on Dalits in Ponparappi, destroying 50 houses and injuring 100 Dalits including children. The attack happened on the day of the Lok Sabha elections (18th April, 2018). The attack was a retaliation to some altercation elsewhere that the victims had no connection with.
Such orchestrated incidents of mob violence against Dalits have been persisting in Tamilnadu for decades, despite the existence of the following government agencies:
1. Ministry of Social Justice and Empowerment
2. National Commission for Scheduled Castes
3. Adi Dravidar and Tribal Welfare Department
4. Social Justice Wing, Tamilnadu Police Department
However, given the state of riots and mob violence persisting in Tamilnadu, it is clear that none of the above mentioned agencies have delivered any ‘Preventive Measures’ as protection for Dalits. In all cases of riots and mob violence against Dalits, these central and state agencies have only delivered post-event ‘Corrective and Relief Measures’.
If Dalits remain vulnerable to riots and mob attacks, even after 75 years of independence despite the existence of such agencies, while all of them focus on post-riot corrective and relief measures, the following questions arise in view of the Constitution of India:
1. What makes Dalits unsuitable or ineligible for any dedicated preventive measure against organized riots or mob violence?
2. If preventive measures for the protection of Dalits are in place, given the persisting vulnerability of Dalits to organized riots and mob attacks indicating the inability of those preventive measures, why is there no effort towards revision of existing preventive measures or the development and installation of new preventive measures?
The non-existence of effective preventive measures against organized riots and mob attacks against Dalits render, among others, the effective implementation of the following legal provisions invalid and violated for the Dalits in Tamilnadu:
a. Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
b. Article 21: Protection of life and personal liberty
c. Article 14: Equality before law
d. Article 338: Special officer responsible for all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes
e. Article 17: Abolition of untouchability
f. Article 19 (Clause 1(d)): Right to move freely throughout India
The solution to this persisting problem of Dalits being exposed to riots and mob attacks, will be the installation of a new law enforcement wing exclusively aiming at delivering, a preventive measure through physical presence, which will enable the deterrence against such organized attacks on Dalit settlements.
Such a preventive measure will be the formation of a dedicated division within the law enforcement agency, namely Tamilnadu Police Department, wherein 2 armed police officers are permanently posted in Dalit localities or villages such that there is specialist police presence 24 hours a day, 7 days a week. The wing can be named Dalit Protection Wing and be defined as an integral part of the Tamilnadu Police Department exclusively targeting preventive measures against organized riots and mob attacks against Dalits. Establishment and deployment of such a dedicated wing for protection of Dalits will, in essence, create:
a. Deterrence against riots and mob-attacks owing to persistent monitoring of the locality by the law enforcement.
b. Valid government witnesses to such riots and mob attacks when they occur so the subsequent legal proceedings can be executed with limited ambiguity.
It is to be noted that the proposed police wing when named and defined with the exclusive responsibility of implementing preventive measures against organized riots and mob attacks against Dalits, will ensure that the said police division will not be burdened with other administrative duties, thereby enabling their continuous presence to deliver the preventive measures.
The proposed solution will positively impact Dalits of Tamilnadu, who remain vulnerable to organized riots and mob attacks.
Having described the potential law enforcement solution, I do acknowledge the fact that it takes time and resources to design and implement such a law enforcement solution. While I leave the feasibility assessment to the best judgement of this honourable court, if such a solution is not feasible for any reason, I request this honourable court to pass orders to issue suitable firearm licenses to all legally eligible Dalits of Tamilnadu so they can personally ensure their right to life, liberty and pursuit of happiness. For many decades, the Dalits of Tamilnadu have been actively participating in the democratic electoral process, exercising their right to the ballot. However, for many decades, their participation in the electoral process has not delivered the preventive measure against organized mob attacks on them. The Dalits of Tamilnadu will continue to use their ballot but while they are at it, they are left in a situation where they have to start considering the bullet for the safety of themselves and their families. Possessing and carrying concealed firearm is a legally bound process and therefore the access to relevant regulatory clearances remains critical between them and their last resort to ensure their lives and property are not at risk. Since, the existing government instruments and agencies are not delivering any preventive safety measure, the Dalits of Tamilnadu stand vulnerable to similar bias if they formally apply for such firearm licenses individually when there is no constitutionally bound direction that prevents the denial of such a license when a legally eligible Dalit applies for such a license citing the organized riots and mob attacks as a reason.
Hence, it is prayed that this Hon’ble Court may please issue an order or direction to the relevant government agencies to either design, induct and deploy a Dalit Protection Wing, exclusively focusing on delivering round the clock presence in the Dalit localities or to issue firearm licences to all legally eligible Dalits that can enable them to own and carry concealed firearm for protection of their self, family and property, and pass such or other orders as this honourable court may deem fit and proper for ensuring the constitutional validity of Dalits in Tamilnadu remaining equal and eligible citizens of India who deserve a preventive measure against organized riots and mob attacks against them and thus render justice.
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