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Model Complaint

To
The Station House Officer,
Village Belwa, Varanasi,
Uttar Pradesh.
Date: 17 April, 2009
 
Subject: Application for registration of FIR against the dominant caste accused persons for mounting undue pressure, threats and thereby preventing Dalits from voting.   

  1. The present complaint is filed, seeking indulgence of the police authorities to    investigate the matter and register the F.I.R under the relevant provisions of IPC and SC/ST (POA) ACT 1989 and any other law in force relating to the offences of Elections, immediately in the interest of justice.


  2. I, Karan Singh S/o Ramu, belonging to Scheduled Caste (Chamar ), is a permanent resident of House No- 24, Belwa village, which is about 35 kms from Varanasi district head quarters, which comes under the Belwa Panchayat, which comes under the jurisdiction of Belwa police station, is the complainant in the present application.

  3. That this is to inform you that on 17th April, 2009 many of the Dalits from different communities in Belwa Village in Varanasi, Uttar Pradesh, were not able to cast their vote in general elections due to intimidation by persons belonging to the dominant  caste – Jat ,  namely - Mr. Rajesh ( 39) s/o Karan,  Radhasham(40) S/o Shidh Nath, Shekhar (25) s/o Harcharan Patlidar, Ghanshyam(45) s/o Umesh Singh , Dharmender (22) s/o Manghiram, Praveen (22), Raj kumar S/o Kanhaiya Lal , Mukesh s/o Pooran , Bheru Lal (32) s/o Rameshwar , Ghansyam s/o Ram Prasad , all residence of Belwa Village  . The reasons are manifold. The lower caste and the backward communities are a source of cheap labour and face all sorts of exploitation. The caste Hindus were afraid that if they are allowed to vote, they would capture power which might eventually put an end to their exploitation.


  4.  Fifteen days prior to the elections, Dalits of the village started getting threats in various forms. Mr. Rajesh (39) s/o Karan belonging to Jat Community, R/o Belwa Village, former Village headman who held the post unchallenged for many years sensed a threat to his unchallenged power. Mr. Rajesh and his men threatened the Dalits and told them that if Dalits came to the polling station to cast their votes on the day of polling they would be massacred. In this way they pressurized Dalit villagers not to vote.

  5. On 10th April 2009, at around 11 A.M in the morning , under the leadership of Mr. Rajesh ( 39) s/o Karan , dominant caste villagers belonging to Jat Community , namely - Shekhar (25) s/o Harcharan Patlidar, Ghanshyam(45) s/o Umesh Singh , Dharmender (22) s/o Manghiram, Praveen (22), Raj kumar S/o Kanhaiya Lal , Mukesh s/o Pooran , Bheru Lal (32) s/o Rameshwar , Ghansyam s/o Ram Prasad all  R/o Village - Belwa ,  came to the Dalit Basti and announced that if anyone would caste their vote , their houses would be set on fire.

  6. This intimidation and harassment continued on 12th April ,2009 at around 8.00 A.M the above named perpetrators again came threatened and  also used caste discriminatory and abusive words such as “ Chamaro ko vote nahi dene denge” , “ Chamaro ko  vote dene ka adikhar nahi hai “  but some how the tension was  pacified. The villagers could not lodge complaint to the police officials due to fear. 

  7. They even socially boycotted Dalits from purchasing house hold items from the village in order to mount a pressure on Dalits, thereby preventing them from casting their votes. On 12th April when the Dalits namely -   Pankaj , Shivshankar s/o    Mahipal , Antu s/o  Moreshwar , Premlal s/o  Dharampal , Vishwanath s/o  Parvat , Vishwanath s/o   Yuvraj  all residence of Belwa village went to purchase house hold items from the local grocery shop belonging to dominant a caste ( Jat ) - Mr. Shiv Shankar  who refused to give the house hold items.

  8. So much so that on 15th April, 2009 at around 11.30 pm, the dominant caste ‘Jats’ disconnected the lights in Dalit basti, in order to intimidate and harass Dalits. 

  9. On 17 April, 2009, at around 10 AM, on the day of polling, Dalits of the village started pouring in from the morning to the near by Polling booth. But initially many stood behind and watched and once they were sure that no one would attack them ,they formed long queues to cast their vote. At about 1.00 PM , the aides of Mr. Rajesh along with other dominant caste perpetrators of the Belwa Village namely- Radhasham(40) S/o Shidh Nath, Shekhar (25) s/o Harcharan Patlidar, Ghanshyam(45) s/o Umesh Singh , Dharmender (22) s/o Manghiram, Praveen (22), Raj kumar S/o Kanhaiya Lal , Mukesh s/o Pooran , Bheru Lal (32) s/o Rameshwar , Ghansyam s/o Ram Prasad  armed with spears, batons, guns,  and other sharp- edged weapons  in their hands , came to the booth and forced Dalit voters not to cast vote . To our surprise they were not stopped by the police officials present. Mr. Rajesh even grabbed the voting machines and started pushing the button for the candidate of their choice. On refusal to vote for the particular candidate, the perpetrators tried to attack and beat some of the Dalits namely, who are also witness to this incident - Prakash s/o Gulabrao (23), Bhaskar s/o Bhudhaji (38),Gopa s/o sakru (50) Bijnjewar s/o   Shatrughn ( 54) , Isaram s/o Dilip Soma (68) , all resident of the Dalit Basti of  Village – Belwa.


  10. The incident was also witnessed by the following Dalits of the Dalit basti , namely- Prakash s/o  Bhaskar , Bhudhaji s/o  Gopal , Shatrughn s/o  Isaram , Dilip s/o  Sakru , Ganesh s/o    Pankaj , Shivshankar s/o    Mahipal , Antu s/o  Moreshwar , Premlal s/o  Dharampal , Vishwanath s/o  Parvat , Vishwanath s/o   Yuvraj.

  11. Ultimately, being frightened, Dalits of the village ran away from the polling booth to the Dalit basti in order to save their life. Dalits from the Belwa Village including my family left the polling booth with out casting the votes and could not caste votes as per the due process of law.    

In the circumstances mentioned above it is requested that an FIR be registered against the accused persons under the following sections of Indian Penal Code

  1. Under Sec 153A for Promoting enmity between different groups   on grounds of religion, race, place of birth, residence, language, etc, and doing acts   prejudicial to maintenance of harmony
  2. Under sec 171C (1) & (2) for voluntarily interfering and  attempting  to interfere with the free exercise of electoral right under  undue influence at an election and  threatening Dalits with injury and life.
  3. Under sec 171D for Personating at elections.
  4. Sec 171F for punishing the accused for undue influence or personation at an election.

Under the following sections of Representation of People’s Act, 1951

  1. Under Sec 125. Promoting   enmity between classes in connection   with election.
  2. Under sec 131 for for disorderly conduct in or near polling stations.
  3. Under sec 132 for misconduct at the polling station
  4. Under sec 132A for disorderly conduct in or near polling stations.
  5. Under sec 134B for going armed to or near a polling station.
  6. Under sec 135 for removal of ballot papers from polling station to be an offence.
  7. Under sec 135A for the offence of booth capturing.

      Under the following sections of SC/ST (PoA) Act 1989 & Rules 1995.

  1. Under Sec 3 (1) (vii) for  forcing  and  intimidating a member of a Scheduled Caste or a Scheduled Tribe not to vote to a particular candidate or to vote in manner other than that provided by law.
  2. Under Sec 3(1)(x) for intentionally insulting and  intimidating  with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view.

 
    Complainant

Karan Singh S/o Ramu ,
House No- 24,
Belwa village, Varanasi ,

UttarPradesh.

 

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