Raghupathi S
The fundamental pillar of a democracy is equal justice for all. Any action of the government that denies justice to the oppressed undermines the democratic system itself. A glaring example of this is the failure of the previous BJP government in Karnataka to deliver justice to Dalit families subjected to brutal caste violence in Dunda village of Tumkur district in 2008. All talk of social justice flies out the window when the State fails to protect Dalits from caste atrocities, fails to prosecute the case and then fails to file an appeal when the trial court acquits the accused on untenable grounds.
On August 14, 2008, a heinous caste atrocity took place in Dunda village, Turuvekere taluk, Tumkur district. On that day, Shivamurthy and Dilip, both Dalit youths went to work on the farm of an upper-caste person Gopal Krishna. When they were working there, Sudeep, another upper caste person, who had a land dispute with Gopal Krishna, assaulted Shivamurthy and Dilip alleging that they were working on his land.
Shivamurthy and Dileep filed a complaint against Sudeep at the jurisdictional police station in Dandinashivira. Angered that the Dalits had the ‘audacity’ to file a complaint against them, Sudeep and a group of dominant caste people, armed with deadly weapons in their hands, went into the keri (settlement) where the Dalit community resided. They used abusive casteist slurs and assaulted all the Dalits they came across, causing grievous injuries to about a dozen persons. Among those injured was a young Dalit man named Govindaraju, the most highly educated person in his Dalit community. He and his mother Lakshmamma suffered grievous injuries.
Govindaraju's mother Lakshmamma filed a complaint against the dominant caste persons at the Dandinashivara police station. The police registered an FIR against the accused under Sections 143, 147, 148, 323, 324 of the Indian Penal Code and Section 3(10), (11) of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act. After completion of the investigation, the police filed a charge sheet against the accused on December 4, 2008, before the 3rd Additional Sessions Court, Tumkur. However, despite there being sufficient evidence, the trial court acquitted all the accused on June 23, 2011, citing lack of evidence.
The verdict was a shock and disappointment to the victims and all the Dalits of the state who felt the injustice they suffered at Kambalapalli had been repeated. On March 11, 2000, seven Dalits were gruesomely murdered in Kambalapalli village in Chikkaballapur district (then Kolar district). They were assaulted and locked up in two houses, which were then set on fire, and the fire was fueled to ensure that the Dalits were burnt to death. The ghastly act that shook the entire nation, not only Karnataka. Still, the accused walked free, having been acquitted by the trial court and the High Court as well.
Govindaraju and his mother Lakshmamma, victims of the Dunda caste atrocity, however refused to give up and joined hands with Dalit organisations to ensure justice for their community. They called the attention of the government several times towards the order of the trial court, which was erroneous and hence ought to be appealed against. However, the then BJP government failed to file an appeal against the same. It is needless to emphasise here that the reason for this is the complete apathy and neglect that the BJP government had towards the Dalit community.
However, the victims supported by Dalit organisations did not give up and filed an appeal in the Karnataka High Court on August 23, 2011.
Fifteen years after the heinous incident, the Karnataka High Court after hearing the arguments and thoroughly examining the evidence, passed its judgment on October 31, 2023, holding all 11 persons guilty of the said offences. The High Court held that the statement of eyewitnesses was not appropriately considered by the trial court and that there was clear evidence that showed that all the accused were guilty of the offences.
On November 16, 2023, the High Court sentenced the accused to undergo imprisonment for two months each for the offence punishable under Section 143 r/w/s 149 of the Indian Penal Code, six months and a fine of Rs 500 for the offence punishable under Section 147 r/w/s 149, six months and fine of Rs 500 for the offence punishable under Section 148 r/w/s 149, four months and fine of Rs 500 for the offence punishable under Section 323 r/w/s 149 and one year, with fine of Rs 1,000 for the offence punishable under Section 324 r/w/s 149, one year and pay fine of Rs 3,000 for the offence punishable under Section 3 (1) (x) SC/ST (POA) Act r/w/s 149. and one year and fine of Rs 3,000 for the offence punishable under Section 3 (1) (xi) (POA) Act r/w/s 149. Importantly, the High Court while passing the sentence on punishment rejected the pleas of the convicts for leniency since they chose:
“… to assault complainant and others for the simple reason that though they belong to Schedule Caste, they had the courage or audacity of complaining against person belonging to forward community….”
The High Court finally after 15 years, rectified the errors of the trial court and ensured justice for the Dalit community
In the face of the High Court’s reversal of the trial court acquittal, the fact that the state government in power failed to file an appeal against the trial court judgment requires close examination. The BJP government's failure to appeal to the Karnataka High Court against the acquittal order passed by the Tumkur District Court reflects a systemic failure that allows perpetrators of serious caste atrocities to escape legal consequences. Although the High Court's verdict has brought relief to the families of the affected Dalits, the fact that the government did not appeal against the trial court's order of acquittal raises serious questions among Dalits about the effectiveness and commitment of the BJP government to ensure justice. This case exposes the stark truth that the BJP government denied justice to the Dalits and had chosen to ignore the caste atrocities that occurred in Dunda village.
This apathy of the government was a direct assault on the core values of the Constitution that assures all the promise of fraternity, equality and justice. The Supreme Court has held in several cases that unless the government is diligent in implementing the provisions of the SC/ST (Prevention of Atrocities) Act to ensure its original intent, the dream and ideal of a casteless society will remain just a dream and a mirage, and legal action should be taken against the investigating officer and the accused in cases of caste atrocity that are acquitted.
In this context, it is relevant to point out the observations of the Supreme Court in a 2021 judgment (Hariram Bhambi v. Satyanarayan & others), which are as follows:
“Investigations in India are the exclusive domain of the police, where victims are often relegated to the role of being a spectator in the criminal justice system. Victims of crime often face significant hurdles during investigation and prosecution. Scheduled Castes and Scheduled Tribes specifically suffer on account of procedural lapses in the criminal justice system. They face insurmountable hurdles in accessing justice from the stage of filing the complaint to the conclusion of the trial. Due to the fear of retribution from members of upper caste groups, ignorance or police apathy, many victims do not register complaints in the first place. If victims or their relatives muster up the courage to approach the police, the police officials are reluctant to register complaints or do not record allegations accurately. Eventually, if the case does get registered, the victims and witnesses are vulnerable to intimidation, violence and social and economic boycott.
Further, many perpetrators of caste-based atrocities get away scot-free due to shoddy investigations and the negligence of prosecuting advocates. This results in low conviction rates under the SC/ST Act giving rise to the erroneous perception that cases registered under the Act are false and that it is being misused. On the contrary, the reality is that many acquittals are a result of improper investigation and prosecution of crime, leading to insufficient evidence. This is evident from the low percentage of cases attracting the application of the provisions of the Penal Code relating to false complaints as compared to the rate of acquittals.”
Although the victim's families would be relieved by the High Court's verdict, the question remains whether those who have been convicted will repent their actions and emerge as reformed persons after their imprisonment.
(Raghupathi S is one of the lawyers who represented the victims before the Karnataka High Court. The piece originally appeared in Vartha Bharati in Kannada)
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