November 03, 2024
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Karnataka: Historic Marakumbi Verdict: A Significant Step Forward in Dalit Rights and Justice

Vasanth N K

THE district sessions judge of Koppal, Karnataka, delivered a landmark judgment on October 24, 2024, convicting 101 people and sentencing 98 to life imprisonment for their involvement in atrocities against dalits in Marakumbi village on August 28, 2014. Out of the 117 accused in this case, three people from Scheduled Castes/Scheduled Tribes received sentences of five years.

This judgment, delivered after a decade of legal proceedings, stands out as one of the first instances in India where such a significant number of perpetrators were sentenced to life imprisonment for crimes against dalits. It also represents one of the few successful prosecutions of a riotous mob accused of targeting dalits. This ruling marks a historic victory in the ongoing struggle to hold accountable those who commit atrocities against marginalised communities across the nation.

In his concluding remarks, Justice C Chandra Sekhar emphasized the importance of this judgment in reaffirming the legal system's commitment to justice for dalit victims and highlighted the necessity of eradicating caste-based violence in society.

“Caste discrimination involves massive violations of civil, political, economic, social and cultural rights. It is often outlawed in countries affected by it, but a lack of implementation of legislation and caste bias within the justice systems largely leave victims without protection. This matter appears to be case of caste violence rather than an ordinary mob violence...Accused No.s…are hereby sentenced to undergo imprisonment for life for the offence punishable under Section 3(2)(iv) of SC/ST Act, 1989 R/w Sec. 149 of IPC.

THE MARAKUMBI CASE

What is the Marakumbi case that led to this judgment? The case dates back to August 28, 2014, in Marakumbi, a village in Gangavathy taluk, Koppal district, Karnataka. On that day, the main accused, Manjunath, went to see the film "Power," starring Puneet Rajkumar, with friends. After a confrontation with a group of youth over ticket purchases, Manjunath felt that the incident was instigated by dalit youth from Marakumbi, with whom he had ongoing disputes.

Upon returning to the village, Manjunath mobilised around 150 upper-caste people to retaliate. This group launched a violent attack on the dalit community, using casteist slurs, burning huts, and brutally assaulting dalits – including women, children, and the elderly. The violence resulted in 27 people suffering severe injuries, requiring hospitalisation for over two weeks. Those who tried to intervene, including bystanders and police, also faced aggression, leading to injuries among non-dalits and law enforcement personnel.

This incident was reportedly triggered by a minor misunderstanding, but it reflected a long history of tension between dalits and upper-caste people in the village. While such tensions are not unique to Marakumbi, they reached a breaking point here. Gangavathy taluk has one of the highest concentrations of Dalits and poor landless workers in the state. The caste system, characterised by oppressive practices, cruel forms of untouchability, and entrenched feudal values, has persisted in the region for centuries. Consequently, incidents of violence, assault, and derogatory caste-based slurs against dalits have become commonplace.

In this context, various governments have launched numerous schemes aimed at improving the lives of dalits. One notable initiative was the construction of a community hall in the dalit colony by the social welfare department, intended for marriages and other ceremonies. However, the sahukar (upper-caste landlord) of Marakumbi seized the hall, repurposing it as a storage facility for his paddy bags. In response, dalit youth convened a meeting to discuss the situation with community elders.

They decided to appeal to village leaders to take out the bags of rice in the community hall, and to enable them to conduct events. This news, reached the sahukar. This ‘audacity’ of dalit youth even to think of asserting their right enraged sahukar. He hatched a sinister plot, falsely accusing five dalit youth of stealing bags of paddy and called them to his house. When they arrived, they were tied to an electric pole and hurled caste abuse and fatally assaulted.  The mothers of youth who questioned this were also assaulted and abused. Five seriously injured youth were rushed to the hospital.

Taking the false allegations, assault, and humiliation seriously, the dalit youth of Marakumbi sought assistance from the leaders of the local AIAWU unit, which primarily supports dalit labourers. With their help, they registered an FIR against 14 people, including the main accused, the sahukar, who went into hiding. However, Nagalambika Devi, the then deputy commissioner of Koppal, took prompt action. She visited Marakumbi, convened a village meeting, seized 713 bags of paddy stored in the community hall, and sent them to the Agricultural Produce Market Committee (APMC). Additionally, she ensured an appropriate police presence to prevent further caste-based violence.

This incident occurred in 2003, highlighting that caste oppression was pervasive even a decade prior to the judgment in this case.

In the 2003 case, the sahukar was granted bail and returned to the village. Meanwhile, the organised dalit community, under the leadership of the AIAWU unit, contested the gram panchayat elections, with two members winning seats. During the subsequent panchayat election, a devadasi woman was elected president. The sahukar, aligned with the Congress party, supported her presidency for two years to keep his rival from the BJP out of power. While tensions appeared to ease until 2013, underlying caste tensions continued to simmer.

MARAKUMBI ATROCITIES

In 2014, numerous instances of caste oppression and untouchability resurfaced, including the provision of separate glasses in hotels, refusal of haircuts or shaves in barber shops, and denial of grocery services to dalits. Under the leadership of the All India Agricultural Workers’ Union (AIAWU), Dalit Hakkugala Samiti (DHS), and the Communist Party of India (Marxist) (CPI(M), dalits submitted a petition to the Gangavati tehsildar on June 23, 2014, requesting action against these discriminatory practices.

The tehsildar and the DSP held a peace meeting, urging upper-caste leaders to cease these untouchability practices. However, instead of compliance, the upper-caste leaders responded by closing hotels and barber shops to avoid serving dalits. With no action taken by the tehsildar and DSP, the leaders of the movement escalated the issue to the deputy commissioner (DC) and superintendent of police (SP). A meeting was held on July 25, 2014, involving them and upper-caste leaders, during which the DC assured action would be taken.

However, before any of these assurances could be implemented, a dalit peasant was assaulted, and the home of CPI(M) leader Gangadharaiah was stoned. The refusal of services to dalits extended to tailors, who faced pressure to deny service. Despite the meetings and promises, the social boycott of dalits continued, creating an atmosphere of insecurity and tension in the community.

The mob attack on dalits on August 28, 2014, occurred against this backdrop of ongoing tensions and discrimination.

Outraged by the attack, the dalit community launched a movement demanding action against the perpetrators, supported by activists from CPI(M), AIAWU, and DHS. A criminal case was initiated, and within a week of the assault, these organizations organised a series of protests, including a 55 kilometre jatha from Marakumbi village to the district commissioner’s office. During the jathas, dharnas, and demonstrations, they condemned the violence and called for the severe punishment of the culprits, an end to caste violence, the establishment of peace, and compensation for the affected dalits.

KEY WITNESS MURDERED, PROTESTS ERUPT AGAIN

Meanwhile, court proceedings continued in the case. Despite facing life threats from powerful perpetrators, three key witnesses – Doddaveeresha, Basavaraju, and Devaraju – appeared in the district court to testify. Alarmed by this, the AIAWU leader Doddaveeresha was intercepted and murdered by the perpetrators while on his way to court, his body being thrown onto railway tracks on July 10, 2015. In response, vigorous protests were organised demanding swift action against the murderers.

This culminated in a day-long dharna and rasta roko on July 21, 2015, in front of the Gangavathy Police Station, despite heavy rain. Prominent leaders including M A Baby, CPI(M) Polit Bureau member,                                       K Radhakrishnan, president of the Dalit Shoshan Mukti Manch (DSMM), and G V Srirama Reddy, then secretary of CPI(M) Karnataka state committee, participated, along with other key members. Despite the persistent downpour, none of the activists or leaders abandoned the rasta roko struggle. Their determination compelled the deputy commissioner to come to the venue and assure prompt action via a public address system.

However, in a troubling turn, criminal cases were filed against 117 people, including Baby and Radhakrishnan, for "abusing police" and "blocking traffic." Undeterred by these restrictions, around 400 people marched in a protest padayatra to the home of the in-charge minister on July 23, 2015. Additionally, a state-level protest organised by DHS took place in Bangalore in front of Town Hall on September 15, 2015.

A jatha was organised from Marakumbi to Bangalore from November 19 to December 4, 2015. Over 300 people walked approximately 370 kilometres on foot over the course of 15 days. The padayatra was led by CPI(M) leaders, including U Basavaraj, M Basavaraja, G Nagaraja, and Nirupadi. Many devadasi women from the area, under the leadership of B Malamma and Huligemma, actively participated in the jatha.

A meeting was held at Freedom Park in Bangalore, where participants demanded swift and decisive action regarding the atrocities and murder cases. Following this, the state government transferred the Doddaveeresha murder case to the CID. Despite numerous interrogations, the investigation made little progress due to a lack of substantial evidence. Meanwhile, upper-caste people continued to boycott dalit labourers, denying them work opportunities. Very few dalits owned land, and their income was meagre. Frustrated by these ongoing challenges, many dalits began leaving their villages to migrate to towns in search of better livelihoods, facing struggles to make ends meet.

In Marakumbi village, there are 60 dalit families among a total of approximately 400 families. The case concerning the atrocities against dalits has been ongoing in the Koppal district court since 2014, with 118 people charged. Over the course of the ten-year trial, 17 people passed away. Ultimately, 101 people were convicted; of these, 98 received life sentences, while 3 were sentenced to 5 years in prison. A total of 27 witnesses testified in court.

This case and its landmark judgment has garnered national attention. It is noteworthy that CPI(M), AIAWU, and DHS played a crucial role in empowering the dalits of Marakumbi, who felt insecure and unable to assert their rights. They encouraged the community to organise and fight for self-respect and dignity. Thanks to their sustained efforts and pressure, the aggrieved dalits have finally received justice, with the guilty being punished.

This case holds particular significance for the Left, especially CPI(M), which is often criticised for focusing solely on economic struggles while neglecting issues of caste and social oppression. Here, CPI(M), AIAWU, and DHS successfully integrated the fight against economic exploitation with the struggle against social suppression, leading to a just outcome.

It is also significant that the judgment begins with the following quote:

“No matter how big a nation is, it is no stronger than its weakest people, and as long as you keep a person down, some part of you has to be down there to hold him down, so it means you cannot soar as you might otherwise.”

-Marian Anderson

Will the upper-caste people of Marakumbi, Gangavathy, Koppal, Karnataka, and across India, as well as the ruling classes, recognise the implications of this landmark judgment?