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annual report print final.qxd - Asian Centre for Human Rights

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INDIA HUMAN RIGHTS REPORT 2005 Bihar<br />

Any attempt to access justice warranted<br />

brutal retaliation in the <strong>for</strong>m of murder and<br />

killing.<br />

In July 2004, Sumitra Devi, a Dalit<br />

widow and resident of Jhapha Udan<br />

village in Mizaffarpur district, was held<br />

hostage <strong>for</strong> 24 hours by village headman<br />

Ambika Ram and his supporters. They cut<br />

her hair, beat her, stripped her and poured<br />

acid on her private parts. The victim was<br />

meted out such inhuman torture because of<br />

an alleged illicit relationship with a<br />

villager who disappeared mysteriously.<br />

Police rescued her on 27 July 2004 after<br />

receiving in<strong>for</strong>mation that she was being<br />

held hostage and took her to hospital. But<br />

she spent an entire night in pain outside<br />

SKM College and Hospital in Muzaffarpur<br />

be<strong>for</strong>e being admitted <strong>for</strong> treatment. A<br />

hospital doctor <strong>report</strong>edly confirmed that<br />

she was tortured like an animal. 44<br />

On 9 September 2004, 35-year-old<br />

Dalit widow was allegedly raped by two<br />

constables in lock-up in Dhalpura police<br />

outpost in Patna district. The police had<br />

earlier picked her up <strong>for</strong> alleged<br />

involvement in a murder case. Later she<br />

was moved to Beur Central Jail in Patna<br />

where she lodged a complaint. 45<br />

On 26 August 2004, an 18-year-old<br />

Dalit girl belonging to Chamar community<br />

was murdered by Uday Rai and Nanhaki<br />

Rai, both relatives of RJD Legislator Uday<br />

Narain Rai, in Raghopur after she refused<br />

to withdraw the rape case against them. On<br />

16 August 2004, she was raped by these<br />

upper Castes. The culprit had threatened<br />

the victim and members of her community<br />

40<br />

against <strong>report</strong>ing the matter to the police.<br />

But the victim ignored the threats and filed<br />

a police complaint with the Deputy<br />

Superintendent of Police. 46<br />

On 23 October 2004, two Dalit<br />

women belonging to Rewa village under<br />

Masaurhi police station of Patna district<br />

were allegedly gang raped by four persons<br />

at Taregna in Patna district. The victims<br />

were returning from Taregna with their<br />

children, where they had gone to celebrate<br />

Dussehra festival. They were accosted by<br />

the accused, who took them to a nearby<br />

saw mill and raped them. Hearing their<br />

cries, some locals in<strong>for</strong>med a patrolling<br />

police party of Taregna about the incident.<br />

The police <strong>report</strong>edly arrested two persons<br />

red handed while two others managed to<br />

escape. 47<br />

ii. Unfair justice to Dalits<br />

In April 2004, the Supreme Court of<br />

India in its judgement upheld the<br />

conviction and life sentence given to 18<br />

activists of the Maoist Communists Center<br />

under the Terrorist and Disruptive<br />

Activities (Prevention) Act (TADA), <strong>for</strong><br />

the attack on police <strong>for</strong>ces at Bhadasi<br />

village in Jehanabad in Bihar in November<br />

1988. 48 The Supreme Court was<br />

congratulated by the media <strong>for</strong> defining<br />

terrorism - “If the core of war crimes -<br />

deliberate attacks on civilians, hostagetaking<br />

and the killing of prisoners - is<br />

extended to peace time, we could simply<br />

define acts of terrorism veritably as peacetime<br />

equivalents of war crimes”. 49<br />

While the Supreme Court’s judgment

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