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COMPLAINT TO NHRC AGAINST LOCKUP DEATH OF SC WOMAN MARIYAMMA
BEFORE THE HON’BLE CHAIRPERSON, NATIONAL HUMAN RIGHTS COMMISSION – MANAV ADHIKAR BHAWAN BLOCK-C, GPO COMPLEX, INA, NEW DELHI – 110023 Emails – email@example.com, firstname.lastname@example.org,
Case No. Of 2021
Dr B. Karthik Navayan,
Advocate and Human Rights Activist
Legal Advisor, Samata Sainik Dal
Ho. No. 13- 344, Christian Colony,
Opp to Block Office (MPDO office)
Shadnagar, Rangareddy, Telangana – 509216
Email – email@example.com, Phone: 09346677007
- Hon’ble Director and inspector general of police
Telangana state police headquarters
Telangana -500004, Email – firstname.lastname@example.org
- Commissioner of Police, VAYUPURI COLONY,
BESIDES MALKAJGIRI COURT COMPLEX,
NEREDMET, HYDERABAD – 500056,
- District Collector, Yadadri District
Pahadinagar, Bhongir, Telangana 508116
PETITION FILED U/S 12 OF PROTECTION OF HUMAN RIGHTS ACT, 1993
SUBJECT: PETITION FILED SEEKING DIRECTION TO THE RESPONDENT POLICE AUTHORITIES TO REGISTER A CASE UNDER SECTION 302/ 307, 326, 354 OF INDIAN PENAL CODE R/W 3 (1) ( r ) (s), 3 (2) (VA) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) Act 1989 ON THE LOCKUP DEATH OF A SCHEDULED CASTE WOMAN MMARYAMMA BY ADDAGUDUR POLICE PERSONNEL IN YADADRI BUVANAGIRI DISTRICT IN TELANGANA AND DIRECT THE GOVERNMENT TO PAY 20,00000/- (RS TWENTY LAKHS) COMPENSATION TO THE FAMILY OF DECEASED.
I am Dr B. Karthik Navayan, Advocate and Human Rights Defender also working as a Legal Advisor, Samata Sainik Dal, the social organisation founded by Dr B. R. Ambedkar in 1924 to safeguard the rights of all oppressed sections of Indian society.
I came to know from the news reports that on Scheduled Caste Woman named Ambatipudi Mariyamma (44) was beaten to death in the Addagudur Police station by the police personnel on the allegations that she has stolen Rs 200000/- (Rs Two Lakhs only)
The details of the case are that Ambatipudi Mariyamma, A Scheduled Caste woman from Telangana died in the lockup after allegedly being beaten up by a Sub Inspector (SI) and two constables of the Addagudur Police Station on Friday, 18/06/2021.
The deceased Mariyamma was working as the house help in the local church priest Father Balaswamy’s house in Govindapuram village. Father Balaswamy filed a complaint on June 15 in the Addagudur police station alleging that two lakh rupees have been stolen from their house. Mariyamma was accused of theft and was arrested on June 17.
Mariyamma was arrested from her native village from Khammam district and brought to the Addagudur police station and subjected to physical abuse during the interrogation for the theft. The police tortured her on June 17 night and on the next day (June 18), owing to the beatings she fell unconscious and died in the police station itself.
That the police have tried to cover up the death of Mariyamma in their lockup and reported in the local newspapers that Mariyamma died of a heart attack. The son of decease Uday Kiran was also allegedly beaten up by the police too.
Therefore, it is prayed that this Hon’ble authority may be pleased to direct the respondent police authorities:
- TO REGISTER A CASE ON THE ERRING POLICE PERSONNEL OF ADDAGUDUR POLICE STATION WHO KILLED A SCHEDULED CASTE WOMAN MARIYAMMA UNDER SECTION 302/ 307, 326, 354 OF INDIAN PENAL CODE R/W 3 (1) ( r ) (s), 3 (2) (VA) OF SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) Act 1989
- TO DIRECT THE STATE GOVERNMENT TO PAY 20,00000/- (RS TWENTY LAKHS) COMPENSATION TO THE FAMILY OF DECEASED
- PROSECUTE THE ERRING POLICE PERSONNEL WHO ALLEGEDLY CAUSED THE DEATH OF MARIYAMMA AND PUNISH THEM ACCORDING TO THE LAW OF THE LAND IN THE INTEREST OF JUSTICE
Dr B. Karthik Navayan,
Note: Some of the news reports are enclosed below for perusal of your kind authority
Model Complaint is here: Please file Police Complaint against 4 Instagram Accounts Abusing Dr. B R Ambedkar
Please find below the model complaint drafted against 4 Instagram Accounts that are Abusing Dr. B. R. Ambedkar. You can make changes in name and change police station and file this complaint in the Police station and get FIR registered.
The Station House officer
Nampally Police Station
C-9, Shanti Nagar Rd, AC Guards,
Masab Tank, Hyderabad, Telangana 500004
Email – email@example.com
Address of the Accused:
Instagram Users of below pages abusing Dr. B R Ambedkar in filthy language.
- Instagram India
Subject: Complaint against accused who have created Instagram pages and abusing Dr B R Ambedkar in filthy language – request to register FIR under sections 3 (1) (r) (s) (t) (r) and (u) of SC, ST (POA) Act 1989 and under Sections 107, 117, 153-A, 153-B, 295-A, 504, 505 IPC R/w 67 of IT Act – for creating disturbances and unrest in the society and arrest the accused.
I, Battula Ram Prasad, S/o Late B Narayana Swamy, Caste – SC Mala, Occ: State President: Mala Welfare Association, R/o Ho. No. 11- 5- 530, Red Hills, Nampally, Hyderabad – 500004, Telangana Phone: 09948603451, Email –firstname.lastname@example.org
I am filing this complaint against the accused who have created the above-mentioned Instagram pages and posting abusive, derogatory contents in vulgar language against Dr. B. R. Ambedkar, the father of the constitution of India.
The above-mentioned Instagram handles spewing venom against Dr Ambedkar and Scheduled Caste and Scheduled Tribe People. The Accused have committed several offences and they have to be punished according to the law of the land.
I came to know above those abusive Instagram pages through WhatsApp forwards and I checked by clicking the links and found that these Instagram pages are atrocious liable to be removed.
We asked people to report it to the Instagram as hatred and abused. After reporting one page was removed by the Instagram but, the Accused have created another Instagram pages and posting the abusive, derogatory, defamatory content with hateful messages.
I belong to Scheduled Caste community and the said abusive Instagram pages on Dr B R Ambedkar caused grave mental agony to me. Those Instagram Pages aimed to develop hatred on people like us.
I am making this complaint in my capacity of citizen of India and under my fundamental duty to uphold the ideals and spirit of the Constitution of India. The offence committed by the accused is likely to have serious impact on the society and creates disharmony among the castes. Your authority has Jurisdiction to entertain my complaint made against Accused who created Instagram pages and posting abuses against DR B R Ambedkar.
The Accused have committed offence under sections 3(1) (r) (s) (t), (u) of SC, ST (POA) Act 1989 and under Sections 107, 117, 153A, 153B, 295A, 505 IPC R/w 66A of IT Act. Hence, I request you to kindly take cognizance and register an FIR, arrest the accused forthwith to prevent further damage in increasing caste hatred against Scheduled Caste members/Scheduled Tribe members and be pleased to proceed with investigation and filing charge sheet within stipulated time in the concerned Court.
Further, I request you to kindly add Instagram India as one of the accused for allowing and facilitating such abuses against Dr B R Ambedkar and SC ST community and direct Instagram to remove the above-mentioned Instagram Pages which are Abusing Dr B R Ambedkar and creating hatred against the members of scheduled castes and scheduled tribes.
Please keep me Informed about the developments and let me know immediately about the action your authority taken against Accused.
Thank you sir
It is extremely unfortunate to hear such highly ignorant statements about Lord Buddha from Swami Badracharya
It is extremely unfortunate to hear such highly ignorant statements about Lord Buddha from Swami Badracharya ji who is the recipient of Padma Vibhushan Award, the second highest civilian award of our country and also holds the sacred seat of Shankaracharya Tradition of Hinduism. It is even more unfortunate that a Swamiji of his stature fails to understand and appreciate the great glory that Lord Buddha has brought to our great Nation India. India’s greatest gift to the rest of the world is the timeless wisdom of Lord Buddha based on his Universal messages of Love, Compassion and Non-violence. Today, our nation enjoys profound respect and reverence from the entire world, particularly in the Asian countries, because of the unparalleled contributions made by Lord Buddha to humanity. Millions of pilgrims from all over the world flock to India to pay regularly to pay their respect and gratitude to the birthplace of this great religion, Buddhism. Such unacceptable statements uttered by Swamiji has indeed disrespected and hurt the sentiments of millions of followers of Buddha across India and the world.
We certainly do not need any more problems as we have enough problems in the world right now and therefore it will be wiser on the part of Swamiji to apologise and immediately withdraw his statement before this becomes another burning issue in our country.
The father of the nation Mahatma Gandhi said, “By his immense sacrifice, by his great renunciation, and by the immaculate purity of his life, Lord Buddha left an indelible impress upon Hinduism and Hinduism owes an eternal debt of gratitude to that great teacher.”
Swami Vivekananda had once said, “Show me in the history one character that has reached so high above all. The whole human race has produced but one such person-the Buddha- preaching high philosophy yet having deepest of sympathy even for the lowest animal. The Buddha is the only god who ever walked on this earth.”
Let me also recall these words by the Hon’ble Prime minister of our country Shri. Narender Modi, from his address to the world leaders at the UN General Assembly, “India gave the world ‘Buddh’ and not Yuddh”. Highlighting India’s contribution towards global peace and harmony, the honourable prime minister said that India’s biggest gift to the world is Lord Buddha’s wisdom and message of peace and nonviolence.
Rather than making such divisive statements, spiritual masters like Swamiji should instead inspire and guide the people to work together for further peace and prosperity of our great nation, India. I therefore strongly urge Swami Rambadracharya ji to kindly withdraw his statement immediately and apologise to the followers of the Buddha of this country and beyond.
Via Bhante Vinaya Rakkhita
Press Release – National Human Rights Commission closed a petition on the assurance of Telangana State Govt to implement SC ST POA provisions
Download the petition copy https://karthiknavayan.files.wordpress.com/2020/11/petition-to-nhrc-on-sc-st-poa.pdf
The Mala Welfare Association has filed a petition before National Human Rights Commission on 15/03/2020 for seeking directions to the state government for the implementation of provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 vide Diary No 44062/CR/2020 Case / File No 576/36/2/2020
The copy of the petition can be downloaded from below link.
The Petition filed with several allegations that that the Vigilance and Monitoring committees under SC ST POA Act are dysfunctional in the state.
The chief minister being the chairmen of State level committee never attended the meeting. The government has failed in identifying the atrocity prone areas, Further, the police are utterly failed to file the charge sheets in the stipulated time, that is 60 days. According to the data few thousands of cases chare sheets are not filed.
It is further alleged that, non compensation was paid to the victims of atrocities as required by the SC ST POA. and the conviction rate is very low as in many cases prosecution has failed or helped the accused to escape from the punishments
The Hon’ble NHRC called for the reports from the Director and Inspector of Police and the Chief Secretary of Govt of Telangana
At one stage the NHRC sent notice to the State government authorities to appear before it as there was no response from the state authorites. However, finally the DGP Telangana and Scheduled Castes Department as submitted their reports
The NHRC observed that the same petition can be submitted to the authorities and the govt authorities will consider the same for implementation of the provisions of SC ST POA Act. I.E. For identifying atrocity prone areas, initiating preventive measures, payment of compensation to the victims, filing the charge sheets in the cases on behalf of victims in stipulated time and ensuring the conviction of the culprits
The copy of the order can be downloaded from below
Representation: Hold police and revenue officials responsible for speedy relief and rehabilitation of the victims and enforcement of the law.
The District Collector and Chairman
Vigilance and Monitoring Committee Under SC & ST (PoA) Act
Nampally, 5-8-505, Chirag Ali Lane, Abids,
Hyderabad, Telangana 500001
Email – email@example.com
Subject: Representation for initiating appropriate steps holding police and revenue officials responsible to uphold the spirit of Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act and to give assurance to SCs & STs for speedy relief and rehabilitation of the victims and enforcement of the law.
I Battula Ramprasad, S/o B Narayana Swamy, President, Mala Welfare Association,
R/o. H. No 11-5-530, Red Hills, Nampally, Hyderabad, 500004, Telangana
Phone: 09948603451, Email – firstname.lastname@example.org
I am submitting this representation in my capacity of the Member of the District Vigilance and Monitoring Committee Hyderabad District, Telangana
I would like bring few important issues which required your immediate attention and intervention on the inaction of wilful negligence of police and revenue officials and intentionally failing to perform their duties to protect the perpetrators in cases of SC & ST (PoA) Act
I submit that from 2016 to July 2020, 636 cases under Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act registered in Hyderabad District. Those cases include 6 murders and 115 cases of rape of Scheduled Castes and Scheduled Tribes Woman.
I submit that all above cases are pending in various stages. From January to July 2020, there are 94 cases registered under the SC ST POA Act out of which 30 are rape cases, this tendency shows the level of protection of SC & ST women in Hyderabad.
I submit that, the above rape cases against the SC and ST woman in Hyderabad District make it in the first rank among the Telangana District with the highest number of rapes.
I submit that the law enforcement officers among the police and revenue departments themselves abuse the process of law by joining hands with the accused against the victims of atrocities. Their wilful negligence is the primary reason for the growing atrocities on the SC STs and particularity the rapes on the SC ST Woman. The police and revenue officers are deliberately failing the victims in their rescue and rehabilitation. This situation requires your immediate attention and assurance to the SC ST victims for the implementation of the law
I submit that there were new amendments to the SC ST POA in 2015 and Rules which came into effect from 01/01/2016 and the said rules came into force on 14-04-2016. However nothing was implemented. For example, I will bring to your notice some of the cases pending before police and revenue officials
Details of some cases pending under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 in Hyderabad District
1. Kavitha (21) (Name changed) is a Scheduled caste woman who was drugged and raped by non scheduled caste persons. She approached the Jubilee Hills police station to give a complaint but the police station made her to visit for 3 days. After multiple visits, police registered a rape case 20/2020 Section under section of IPC and SC ST POA but as of now no compensation was paid to the victim. While police delayed the registration of FIR the revenue officials are delaying the payment of compensation. The section 12 (a) (4) of SC ST PoA Rules requires the compensation to be given to the victim within 7 days. At last the paid Rs 25000/- which is less and not according to the norms. The police officer who was the investigation officer supposed to be conducted the investigation within 3o days the Charge Sheet has to be filed within 60 days but as of now investigation is not completed and charge sheet is not filed.
2. Ganesh Kumar (55), a Scheduled Caste social worker, committed suicide at in Sultan Bazar police station limits in East Zone on 20-01-2020. He left a suicide note stating that he was committing suicide due to harassment by non scheduled caste persons named Narsing Rao, Gopal Rao and Murthy. Police registered Crime No. 42/2020 Section 306 R/w 34 IPC along with 3 (1) (R), 3 (2) (VA) SC and ST POA Act but till now accused is not arrested and compensation also not paid to the family. The family is suffering as the main earning member of the family was forced to commit suicide. The family members are running around the collector’s officer for payment of compensation
3. M Sampath Kumar, a scheduled caste person was attacked and abused by non scheduled caste persons while he was attending his duties. Mahankali police station officials in North Zone have registered FIR after 3 days of filing complaint on 24/06/2020 vide FIR No 139 of 2020 U/S 323,506,504 IPC 3 (1) (r) (s), 3 (2) (v) (a) SC ST POA. But there is no progress in the investigation, even after 3 months the police did not arrest the accused. When I personally asked the concerned investigation officer about the investigation in my capacity as a member of the Vigilance and Monitoring committee, he warned me that he will file a false case against me saying that I am objecting to his duties. This is the state of affairs going on in the implementation of provision of SC ST POA.
4. Madhavi (20) (Name changed) a scheduled caste woman who was raped by a non scheduled caste person and cheated her on the name of love. She went to file a complaint in the Kacheguda police station on 12/09/2020, the police made her stand in the police station for the whole day. Finally they took complaint and registered the FIR No. 201 of 2020 dated 13/09/2020 against the accused Bharat (21). But they did not invoke the appropriate section of SC ST POA. The police registered a case under old PoA and did not invoke the sections of the new amended act of 2015. When I asked for invoking the appropriate sections, the inspector said, they know what sections to be invoked and adamant to alter the FIR to invoke appropriate sections.
I submit that, according to the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act police cannot delay or reject the registration of FIR and revenue officials cannot delay payment of compensation it is violation of law and amounts to wilful negligence and those police and revenue officials are liable to be punished according to the law under section 4 of SC ST POA
I submit that, there are hundreds of cases pending investigation and pending for the payment of the compensation which requires urgent intervention of your Hon’ble Authority
Member District and Conservation Committee
H. No 11-5-530, Red Hills, Nampally,
Hyderabad, 500004, Telangana
Email – email@example.com
Legal notice issued to Shalabh Upadhyay, the newsj.com, Ratan Tata and Tata Trusts for removal and stop circulation of misinformed, illegal and objectionable video on manual scavenging
A objectionable, illegal and misinformed video was produced, created, and promoted by Ratan Tata, Tata Trusts initially in in the beginning of this year 2020
On 18/03/2020 a legal notice to Ratan Tata and Tata Trusts calling on removal of the said objectionable and misinformed video on manual scavenging under instructions of 1) Dr. B. Ravichandran, Founder of Dalit Camera, 2) Dr. K. B. Obulesha, Member of State Monitoring Committee constituted by Social Welfare department of Government of Karnataka on Prohibition of Employment as Manual Scavengers and their rehabilitation Act 2013, and founder of Safai Karmachari Kavalu Samithi – Karnataka, 3)Charles Wesley Meesa, The Dalit Alliance. After issuing the legal notice they have removed the said objectionable video from the social media and from the below links
Twitter – https://twitter.com/RNTata2000/status/1229650531834040320?s=20 Instagram – https://www.instagram.com/tv/B8suOZxnYyi/?igshid=vz1vj08x06p
However, the same vide was in circulation and making rounds on social media . Now it is the Newj.com headed by Shalabh Upadhyay has uploaded it to their Facebook page at the link https://www.facebook.com/EnglishNEWJ/
The specific video is found at your Facebook page link here:
The video, showing manual scavenger, is objectionable and misinformed and it amounts to promotion of manual scavenging, which is contrary to what law, The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 – (No. 46 of 1993), aimed at.
Therefore a second legal notice was issued calling Shalabh Upadhyay and Newsj.com to remove the illegal video from their Facebook page and calling on Ratan Tata and Tata Trusts to stop circulation of that video including payment of damages to the boy who was made to feel proud in the video taking pride of his father being a manual scavenger and his subhuman condition also payment of damages to the organizations who are working for the eradication of manual scavenging
The leader of NADO (National Alliance of Dalit Organizations) is no more. Johar Charles Wesley Meesa
Charles Wesley Meesa sir is native of Dandepally Mandal of old United Adilabad district. This Dandepally is a small town where I studied from 4th to 10th class in Scheduled Castes social welfare hostel. I used to see him walking here and there in roads but i did not know him personally. I met him personally and worked together with him from 2007 when some of us have started “Mala Madiga Ikya Vedika” (Forum for Mala Madiga Unity) in support of SC reservations classifications. After that I met several times. He was very committed, practical and honest activist. Very cool man. He is the initiator of several new organizations to work for most marginalised communities. He is the head of TDA (The Dalit Alliance) and NADO (National Alliance of Dalit Organizations). He worked for eradication of bonded labor in old Mahabubnagar districts. His recent works are on migrants of brick klin workers from Odisha. I used to take his advices when I was in NGO sector. I used to feel proud of him because he is a English speaking and English writing Dalit from my neighbor village. He infected with Covid19 last month. Discharged a week ago and again admitted in hospital with kidney related issues. Heard that he passed away yesterday. Rest in peace Charles sir.
– Dr B Karthik Navayan
Watch “Ambedkar School : SC-ST (Prevention of Atrocities) Act, 1989 by Dr. B Karthik Navayan” on YouTube
ప్రకటన:నల్లమాసు క్రిష్ణ కు జాతీయ దర్యాప్తు సంస్థ ప్రత్యేక కోర్టు బెయిల్ National Investigation Agency Special Court granted bail to Nalamasu Krishna
Dr. B. Karthik Navayan
B.Com. LL.M. M.Phil. PhD
# 3- 6- 260/1, First Floor
Himayath Nagar, Hyderabad
Email – firstname.lastname@example.org
Legal Advisor – Samatha Sainik Dal, a social organisation founded by Dr B. R. Ambedkar on 24 September 1924 for safeguarding the rights of all oppressed sections of Indian society.
ప్రకటన: నల్లమాసు క్రిష్ణ కు జాతీయ దర్యాప్తు సంస్థ ప్రత్యేక కోర్టు బెయిల్ .
న్యాయవాది మరియు తెలంగాణ ప్రజాస్వామిక హక్కుల కార్యకర్త నల్లమాసు కృష్ణ కు జాతీయ దర్యాప్తు సంస్థ ప్రత్యేక కోర్టు 21/08/2020 రోజున బెయిల్ మంజూరు చేసింది. ఈ మేరకు కుటుంబ సభ్యులు అతని విడుదల కు ప్రయత్నాలు చేస్తున్నారు. 24/08/2020 రోజున విడుదల అయ్యే అవకాశాలు ఉన్నాయి. కృష్ణ గత 10 నెలలు దాదాపు 7 కేసులలో ముద్దాయి గా జైలు లో ఉన్నారు. 06/06/2020 తేదీన వరంగల్ జైలు నుండి విడుదల అయి ఖమ్మం లోని హాస్పిటల్ లో చికిత్స పొందుతున్న కృష్ణ ను జాతీయ దర్యాప్తు సంస్థ పోలీసులు 14/06/2020 రోజున మరొక కేసులో అరెస్ట్ చేసి మల్లి చర్లపల్లి జైలు లో రిమండ్ కు పంపించారు . కృష్ణ అనేక రకాలైన అనారోగ్యాలతో భాద పడుతున్నారు.సైనస్, ఉబ్బసం, శ్వాస నాళముల వాపు లాంటి ధులతో పాటు అతనికి వెన్నెముక కు సంబంధించిన శస్త్రచికిత్స అవసరం ఉంది. ఈ అనారోగ్య కారణాల వల్లనే జాతీయ దర్యాప్తు సంస్థ ప్రత్యేక కోర్టు గౌరవ న్యాయమూర్తి శ్రీ హేమంత్ కుమార్ గారు కృష్ణ కు బెయిల్ మంజూరు చేసారు. కృష్ణ యొక్క న్యాయవాదుల తరపున సీనియర్ న్యాయవాది శ్రీ నందిగం కృష్ణ రావు గారు వాదనలు వినిపించారు.
National Investigation Agency Special Court granted bail to Nalamasu Krishna
National Investigation Agency Special Court has granted bail to Nalamasu Krishna on 21/08/2020 who is an advocate and Telangana democratic rights activist. His family members will be furnishing sureties and he may be released on 24/08/2020 from Central Prison – Cherlapally.
Krishna was in prisons from the last 10 months around 7 cases. He was released on 06/06/2020 from Warangal Jail and was arrested again on 14/06/2020 by National Investigation Agency Police while he was undergoing treatment in Khammam Hospital and remanded to judicial custody to Central Prison Cherlapally.
Krishna is suffering from several ill health issues, sinus, bronchitis, Asthma. Apart from this he was urgently required to undergo a surgery for his spinal cord. On this health grounds, the Hon’ble Judge of the NIA Special Court Sri D. Hemanth Kumar has granted bail to Krishna. On behalf of counsel for Krishna, senior Advocate Sri Nandigam Krishna Rao argued the bail petition.
On behalf of counsel for Nalamasu Krishna
DR. B .KARTHIK NAVAYAN
Counsel for Nalamasu Krishna:
Dasharatha Arella, Balla Ravindranath, M.A.Shakeel, Dr. B. Karthik Navayan
Advocates, Hyderabad – Telangana