Tamil Nadu

The fight for a law against caste killing: Kausalya writes to CM Stalin

“While DMK is the ruling government, steps should be taken to fulfill the long-standing demand of a special law against caste killing and implementing the SC guidelines,” Gowsalya said in her letter.

Written by : Nirupa Sampath

Gowsalya, an anti-caste activist who has highlighted the plight of inter-caste couples in the state, urged Chief Minister MK Stalin to finally introduce a separate law against caste killings and also implement Supreme Court guidelines in Tamil Nadu. It is to be noted that several activists, as well as politicians, have been demanding a special law against caste killings since 2012 in the state.

In a letter to CM Stalin from the Shankar Welfare Trust, which Gowsalya opened to teach unprivileged children, she urged Stalin to roll out the special law against the crime as Stalin was among the first to raise his voice against the Madras High Court order to acquit Chinnasamy and two others for their alleged involvement in the murder of Shankar, a Dalit man who married Gowsalya in 2015.

The letter addressed to the Chief Minister stated, “The menace caste has created in the society needs no introduction to you. Likewise you are also familiar with how my husband and I were brutally attacked by my family and I am a breathing witness of the incident.”

The letter further noted that to prevent caste killings, the Supreme Court on 27 March, 2018 rolled out a set of guidelines. Besides detailing the handling of these cases, the court also observed that this crime is thriving in the country, while no measures are being taken by the government.

It also pointed out how the Rajasthan government on 5 August, 2019 barred caste gatekeepers from interfering in someone’s choice of partner. Additionally, the Rajasthan government also rolled out a legal draft on the subject. “I insist the same is implemented here along with announcing a special law,” said Gowsalya in her letter.

“Tamil Nadu is a land of social justice and while DMK is the ruling government, steps should be taken to fulfill the long-standing demand of a special law against caste killing and implementing the SC guidelines,”added the letter.

The letter to CM also highlighted some incidents of caste-based killings from the past. In Mettupalayam, a couple who married outside their respective castes on 25 June, 2019 was murdered four days after the wedding. In November 2018, a couple who tied their knot in Hosur were murdered in Karnataka and their bodies were found floating in the Cauvery River. “The government should take necessary action regarding these incidents as there is no vital development in both the cases,” urged Gowsalya.

Speaking to TNM, Gowsalya said, “The inter-caste couples endure immense turmoil from the day they fall in love with each other and more so after getting married. There is constant fear of family indulging in untoward activity.”

On 13 March, 2016, V Shankar who was a Dalit, and his wife Gowsalya, a Caste Hindu, were attacked in broad daylight in Udumalpet of Tiruppur district. Though both sustained severe injuries, Gowsalya survived, while Shankar died on the spot. Gowsalya’s father Chinnasamy is alleged as the prime suspect in the case.     

“Besides receiving death threats from family and relatives, the couples live in constant fear. Shankar and I spent 10 months together, staying at a different place every month. This takes a huge mental toll on the couple,” added Gowsalya.                   

“However, both the government and officials fail to understand the gravity of such crimes and the emotional toll the couple will be subjected to.”

Meanwhile, Thol Thirumavalavan, the president of Viduthalai Chiruthaigal Katchi (VCK) during the death anniversary of Ilavarasan, a Dalit man who was allegedly the victim of caste killing, made an to both the Union and state governments.

Taking to Twitter, Thirumavalavan in July wrote, “Laws must be made to prevent honour killings, couples marrying outside their caste must be protected and the couple must be given priority in employment.”

Speaking to TNM, M Sree Abhinav, Salem Superintendent of Police, said, “Standard Operating Procedure is followed in case of elopement of inter-caste couples and the investigation is conducted by DSP rank officers and above.”

“A cell consisting of the respective district SP, social welfare officer and Adi Dravidar Welfare Officer is in place at district level to address such concerns. Additionally, frequent inquiries are also being held in areas prone to caste crime,” the SP added. ‘If the police officers fail to do their duty, action against SP or DSP is also part of the procedure that is currently in place in districts.” 

Some of the guidelines by the Supreme Court are as follows. Firstly, the state government should find out the list of caste killings in every district, taluk and village for the past 5 years.

- The police officer should collate data on the list of inter-caste couples and submit the report to the district Superintendent of Police or the Deputy Superintendent of Police, and begin inquiry. 

-  A panchayat meeting must be called and caste killing awareness must be given and police officers should warn of legal action if the couple or the family is harmed. The meeting should be videotaped.

-  If it is found by the investigating DSP that a crime has occurred, the District Collector should enforce Section 144 Code of Criminal Procedure. The police should book the members of the caste panchayat involved in the crime under Section 141,143, 503, 506 of IPC.

- The District Collector or SP should ensure the safety of the couple by providing housing for a period ranging from one month to one year. They should also have a 24/7 helpline to aid couples. 

-  If government officials and police defy their duties, departmental action should be initiated and if found guilty, disciplinary action should be taken.

- The state government should have a separate cell consisting of SP, Social Welfare Officer and officer from the Adi Dravidar Welfare Department.

- The caste killing cases should be presented before a fast-track court or special court and verdict should be given within six months of the incident.

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