IN a historic development in Indian jurisprudence, the Madras High Court, on Friday, September 29, took a landmark step by dismissing all criminal appeals lodged against the convictions and sentences pronounced in 2011 by a trial court. This legal action pertained to numerous officials from the forest, police, and revenue departments who were implicated in the perpetration of atrocities against the adivasi residents of Vachathi. Vachathi is a small tribal village nestled at the foothills of Sitheri Hills in the Dharmapuri district of Tamil Nadu.

Justice P Velmurugan of the Madras High Court, delivered a decisive judgment upholding the convictions of the surviving 215 accused individuals. He affirmed the range of punishments, varying from one to seven years of rigorous imprisonment, initially meted out by Dharmapuri principal sessions judge S Kumaraguru on September 29, 2011. Remarkably, this legal resolution occurred exactly 12 years after the trial court's verdict. The said verdict itself was the culmination of a protracted and arduous struggle spanning 19 years across various forums.

In addition to affirming the verdict of the sessions court, Justice Velmurugan has issued several directives. He has directed the state government to revise the compensation for each rape victim from the previously ordered Rs 15,000 to Rs 10 lakh. Moreover, the judge has advised the state government to recover 50 per cent of this compensation from those convicted of the rape offenses. Furthermore, Justice Velmurugan has mandated the collection of the compensation from medical personnel who refused to provide proper medical aid to the rape victims. Stringent action has been ordered against the former Dharmapuri district collector, superintendent of police, and district forest officer for their failure to protect the vulnerable villagers.

The judge has directed the state government to provide government job to the rape victims. In cases where government jobs are not feasible due to various factors, the victims should be provided with adequate training for self-employment activities. Additionally, Justice Velmurugan has ordered the state government to initiate immediate development activities in Vachathi village. Emphasis should be placed on comprehensive development, and concerted efforts are to be made to develop it in all respects.

On June 20, 1992, Vachathi, a small village inhabited by tribes, experienced a siege by a contingent of forest, police, and revenue personnel under the pretext of a raid against sandalwood logging in the adjacent hill area – a charge denied by the landless inhabitants. However, the ensuing three-day rampage resulted in the brutalisation of 18 young girls, including children, the destruction of homes, the pillaging of livestock, and physical assaults. This transformed the village into a haunted place, as per the chargesheet filed by the CBI, which took over the investigation three years after the gruesome incident, following extensive legal efforts by the Tamil Nadu Tribal Association.

In a groundbreaking moment in post-Independence Indian legal history, the Dharmapuri Sessions Court convicted all 269 officials accused in the chargesheet filed by the CBI. Of these, 17 were convicted on charges of rape. At the time of the current verdict, 52 of the accused had already passed away, while the remaining 217 officials were sentenced to jail for their involvement in state violence.

The CBI team, led by deputy superintendent of police S Jagannathan, took charge of the investigation following the directive of the Madras High Court. During the trial, CBI public prosecutor K Jayabalan, representing the Vachathi victims, countered the challenges posed by 12 defense lawyers single-handedly. Acknowledging their heroic efforts, the Sessions Court granted an ex-gratia of Rs 1 lakh to the CBI team for effectively establishing the culpability of the officials as per the chargesheet.

Vachathi not only became a symbol of state violence but also highlighted the support of communist activists who stood by the victims. This solidarity was evident when all others in the political spectrum in Tamil Nadu, including a major section of the media, remained silent and indifferent to the incident. Some even went to the extent of aiding the perpetrators.

While the Tamil Nadu Tribal Association, led by P Shanmugam (now CPI(M) Central Committee member), stood firmly by the victims throughout this prolonged and arduous legal battle, various mass and class organiSations such as CITU, AIKS, and the Insurance and Bank Employees Unions played a crucial role in providing support to restore a sense of normalcy among the victims. Notably, the Transport Union members (CITU) demonstrated solidarity by collecting donations at bus stands across the state through hundis. They then distributed kitchen utensils to every family in the village, and the remaining funds were allocated to cover legal expenses.

On the legal front, a dedicated team of lawyers, including senior advocates NGR Prasad and R Vaigai (daughter of Comrade P Ramamurti), along with advocates G Chamkiraj, K Elango, and Subburam, served as the backbone in articulating the perspectives of the victims throughout this journey.

Upon hearing the High Court verdict, the people of Vachathi rejoiced in their victory. They celebrated the occasion by bursting crackers, organising processions, and distributing sweets to the visiting leaders of the Tamil Nadu Hill Tribe Association. Witnessing their joyous dance was a profoundly moving moment for those who had observed their struggle over the span of these 30 years.