ISBN 81-89479-79-2 9 788189 479794 In April 2010, dominant caste persons collected in a mob and brutally attacked the Dalits (Balmikis) of Mirchpur village, Hisar district in the state of Haryana. They set fire to the houses after looting them. 70-year MIRCHPUR CARNAGE MIRCHPUR CARNAGE MIRCHPUR CASTE VIOLENCE IN HARYANA MIRCHPUR CARNAGE MIRCHPUR old Tarachand and his disabled daughter, 17-year old Suman were burnt CASTE VIOLENCE IN HARYANA alive in their home. More than 50 people sustained injuries. The entire CASTE VIOLENCE IN HARYANA Dalit community fled the village and have remained away to this day. The assailants received the full support of the state of Haryana as the dominant community is politically powerful. After committing the most brutal crimes, the dominant community has managed to pressure the victims to withdraw cases and not give evidence in Court against their assailants. It is this inability of the criminal justice system to prosecute offenders that has resulted in a sense of invincibility on the part of the dominant community... Now, the most important issue that survives in the Supreme Court petition relates to rehabilitation of the victim community. Ever since they fled Mirchpur, they have been living at the Tanwar Farm House, Hisar. For over two years now, these families have been destitute without food, medical attention and employment. Their children have been out of school. Their lives are insecure and the dominant community may attack them at any time. Accordingly, they seek from the Supreme Court orders directing the state of Haryana to provide them adequate alternative land so that they may build a new village where the Balmikis may stay... The story is far from over...Lawyers and social activists, who champion such causes and take up such cases, are reconciled to facing such threats and attacks. But it makes the journey for the emancipation and protection of Dalits all the more difficult and protracted. 576, Masjid Road, Jangpura, New Delhi – 110014, India, Ph: +91-11-24379855/56, E-mail: [email protected] MIRCHPUR CARNAGE CASTE VIOLENCE IN HARYANA Compiled and edited by Sarita Bhoi December 2011 Human Rights Law Network Vision To protect fundamental human rights, increase access to basic resources for the marginalised communiti es, and eliminate discriminati on. To create a justi ce delivery system that is accessible, accountable, transparent, effi cient and aff ordable, and works for the underprivileged. Raise the level of pro bono legal experti se for the poor to make the work uniformly competent as well as compassionate. Professionally train a new generati on of public interest lawyers and paralegals who are comfortable in the world of law as well as in social movements, and who learn from social movements to refi ne legal concepts and strategies. MIRCHPUR CARNAGE: CASTE VIOLENCE IN HARYANA December 2011 © Socio Legal Informati on Centre* ISBN: 81-89479-79-2 Compiled and edited by: Sarita Bhoi Assistance in Compilati on and editi ng: Kesang Negi Photos: Sarita Bhoi, Suvir Sharma, Mark Espilin Design: Birendra K Gupta Printed at: Print Graphics, Ramesh Market, New Delhi 110065 Published by: Human Rights Law Network (HRLN) (A division of Socio Legal Informati on Centre) 576, Masjid Road, Jangpura, New Delhi – 110014, India Ph: +91-11-24379855/56 E-mail: publicati [email protected] Supported by: Royal Netherlands Embassy Karuna Trust Disclaimer The views and opinions expressed in this publicati on are not necessarily views of the HRLN. Every eff ort has been made to avoid errors, omissions, and inaccuracies. However, for inadvertent errors or discrepancies that may remain nonetheless, the HRLN takes the sole responsibility. * Any secti on of this volume may be reproduced without prior permission of the Human Rights Law Network for public interest purposes with appropriate acknowledgement. ACKNOWLEDGEMENTS I wish to express my sincere thanks to Dr. Colin Gonsalves, Senior Advocate of the Supreme Court of India and Founder Director of the Human Rights Law Network for the guidance he had off ered in this work. Special thanks to Mr Harsh Dobhal, Director, Human Rights Law Network for his creati ve and intellectual contributi on. My sincere thanks to Mr. Sati sh Tamta, Senior Advocate and Special Public Prosecutor appointed in the Mirchpur Trial, under whose able leadership the trial in this case was successfully concluded. I wish to recognise the valuable contributi on and ti reless eff orts of the team of lawyers from HRLN namely advocate Anubha Rastogi, advocate Ritu Kumar, advocate Shreeji Bhavsar and advocate Rajat Kalsan to ensure justi ce for the victi m community. I would like to express my grati tude to social actvists from NCDHR parti cularly Mr. Sirivela Prasad, Mr. Rajesh Kumar, Mr. Rahul and Ms. Avirami for their contributi on during fact fi ndings in this case. I would also like to thank the Interns working with me during this tenure most notably, Suvir, Narain, Prati chi, Supriya, Neihal, Lopamudra, Erica and Bedpriya. Special thanks to Mr. Kesang Negi for assistance in compilati on and editi ng. Last but not the least, sincere thanks to the team of Research & Publicati on Division of HRLN, headed by Mr. Suresh Nauti yal for his creati ve and intellectual contributi on. Special thanks to Mr. Birendra K. Gupta for his valuable contributi on in design and layout. Sarita Bhoi HRLN, New Delhi CONTENTS ACKNOWLEDGEMENTS ...................................................................................................................iii FOREWORD ..................................................................................................................................... ix INTRODUCTION ............................................................................................................................. xiii WRIT PETITION FILED IN THE SUPREME COURT.................................................................... 1 1. Peti ti on Under Arti cle 32 of the Consti tuti on of India ................................................................3 • True translated copy of the FIR No. 166 dated 21.04.2010. ................................................11 • First Informati on Report ......................................................................................................11 • True translated copy of the special report by the DSP, Hansi, dated 22.04.2010 ................19 • Translated Newspaper arti cles ............................................................................................20 • Photographs of the burnt houses of Mirchpur village .........................................................28 • Additi onal Affi davit Filed in the Supreme Coourt of India ...................................................30 • Mirchpur Atrociti es Fact-Finding Report 9/7/10 – 11/7/10.................................................31 • Annexure A: List of Families in Mirchpur Village on 09.07.2010 (Absences Noted) ............41 • Annexure B: List of Families in Adampur Village on 10.07.2010 .........................................44 • Annexure C: Compensati on for Burnt Houses .....................................................................45 • Annexure D: Names of Arrested Persons ............................................................................46 • Annexure E: Newspaper Arti cles on the Aft ermath of Mirchpur Atrociti es ........................48 • Annexure F: Testi monials of Mirchpur Villagers Regarding Compensati on .........................50 2. Applicati on for Interventi on .....................................................................................................63 3. Applicati on for Directi ons Filed by the Peti ti oners ...................................................................66 • True copy of the lett er dated 12.10.2010 writt en to ASP, Hansi, District Hisar for witness protecti on ....................................................................................71 • Affi davit fi led by shanti devi denying compromise with the accused ..................................73 • Affi davit fi led by Kelo devi denying compromise with the accused ....................................74 vi MIRCHPUR CARNAGE: CASTE VIOLENCE IN HARYANA 4. Additi onal Affi davit on Behalf of the Peti ti oners ......................................................................76 • Status Report on Mirchpur as on 10th October 2010 .........................................................82 • Reports of the Joint Parliamentary Committ ee for the Welfare of Scheduled Caste and Scheduled Tribe (2010-11) .............................................139 5. Supplementary Affi davit of Peti ti oner No. 3 ..........................................................................162 • Certi fi ed copy of Applicati on for dispense with the att endance of summoned witness and seeking adjournment dt. 4-11-10 ......................................................................................164 • Copy of the Affi davit dated 11.11.10 of Advocate Rajat Kalsan ........................................189 • Copy of Affi davit dated 11.11.10 of Advocate Veena Sharma. ..........................................191 • Certi fi ed copy of order dated 4.11.2010 ..........................................................................193 • In the court of Shri Baljeet Singh, Addl. Sessions Judge, Hisar ..........................................193 6. 2nd Supplementary Affi davit of Peti ti oner No. 3 ...................................................................196 • Commission of