Wednesday, April 13, 2011

[ZESTCaste] Justice subverted: Dalit girl thrown into fire by upper caste men

http://twocircles.net/2011apr12/justice_subverted_dalit_girl_thrown_fire_upper_caste_men.html

Justice subverted: Dalit girl thrown into fire by upper caste men
Submitted by admin4 on 12 April 2011 - 9:22pm

By Madhu Chandra,

World woke up to the gruesome and spine-chilling story of Kamlesh, a
six year old little girl from dalit community in UP, who was tossed
into the burning fire by the members from upper caste community in her
village three years ago. Her crime: she walked by the house of an
upper caste family early in the morning, to go to the open field, the
only space the dalit community has to heed the nature's call. Justice
denied, accused acquainted, critically wounded, skins cracking and
right elbow crippled.

Her fully pregnant mother Manju tried to snatch her from the roaring
flames but was stopped by the culprits who stood there to prevent any
rescue attempt. They thrashed and beaten her severely. She collapsed
to the ground watching flames licking her daughter to death before
falling unconscious. She regained consciousness few minutes later and
managed to pull her daughter out of the fire. But by then she suffered
more than 80% burns and was at the brink of death.

While little Kamlesh battled for her life, five critical hours have
been wasted at a government hospital. And after 36 hours she was moved
to a bigger hospital before she was finally moved to the Safdarjung
hospital in Delhi. Lack of proper treatment at critical hours meant
she wouldn't make normal recovery. Three years later, her right hand
is a piece of dead rubber having lost mobility and function. Her left
hand and right leg burnt severely and she suffer from searing pain.
The scars inside her are as fearsome and permanent. A tender, innocent
life has been violated and nipped in the bud.

The incident so traumatized her mother, Manju, that she suffered a
mental break down and would not recover to testify in the court
against the culprits later. None of the neighbors who witnessed the
brutal act would come forward to testify against the culprits with
muscle power, influence and connections in high places. Many were
forced to compromise and others were intimated into silence. Kamlesh's
father Saudan says, "Names of four culprits were registered with
police. But names of three were removed and only one was arrested. We
were forced to withdraw the complaint."

Justice was not only delayed but denied and subverted. It was made to
serve the perpetrators! No fair investigation and no protection for
the witnesses meant case would fall apart and justice would not be
served.

A fact finding team led by Dr. John Dayal – member of National
Integration Council, Madhu Chandra – Regional Secretary of All India
Christian Council, Vidhya Bhushan Rawat – Social Activist and Anil
Chamadia – Seniour Jounalist and Dalit Activist visited the village
two months ago was shocked to learn that court had closed the case as
there were no witnesses to testify against the culprits. Kamlesh's
mother Manju was mentally unstable to appear and testify and all the
accused walked out free. It was like rubbing salt into the wound for
Kamlesh's family. No justice, no medical assistance, no future. Help
from the state government was more a token gesture than real. The
incident further deepened their bleak financial condition. They
borrowed money from friends and money lenders to treat their daughter
which further plunged them into crisis. Victim is further victimized.

This is just an example of the discrimination and oppression millions
of dalits suffer daily in India. They suffer in silence and
submission. Any form of challenging the system will be fatal and
dangerous. Caste lines are not be crossed or violated. A local Dalit
activist and leader of All India Confederation of SC/ST Organistations
told the fact finding team, "For years, Dalit community in the village
has been on the receiving end of caste discrimination and neglect.
This is the first instance where police have at least arrested the
culprits."

Kamlesh is now nine years old and future doesn't hold much hope for
her unless we step in and help. She needs proper medical treatment to
regain the use of her hands and extensive plastic surgery to mend her
scars before she can face the world.

A civil society delegation met National Commission for Scheduled Caste
chairman Dr. P. L. Punia on April 11, 2011 and submitted a memorandum,
seeking justice for young Kamlesh. Commission took serious note on
lapses committed by law enforcing agencies of the district and ordered
Uttra Pradesh government to appeal the case in high court against the
session court judgment acquainting the culprit without fair trial.
Commission also ordered government to provide medial care and police
security to young Kamlesh and family as they could be attacked for
appealing to higher authorities.

Madhu Chandra is a social activist and research scholar based in New
Delhi. He works as Regional Secretary of All India Christian Council
(www.indianchristians.in), Spokes Person of North East Support Centre
& Helpline (www.nehelpline.net) and National Secretary of All India
Confederation of SC/ST Organisations (www.scstconfederation.org).


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