ACHR Impact

Killing of Dalit U Ezhumalai by upper caste, NHRC overseeing payment of compensation under PoA Act

On 29.01.2014, Asian Centre for Human Rights (ACHR) filed a complaint with the National Human Rights Commission (NHRC) a Dalit identified as U Ezhumalai (35) was beaten to dead by upper caste people at Gandhinagar village in Thiruvanainallur in Villupuram district, Tamil Nadu on 16.01.2014. The deceased friend identified as Ayyapan also sustained injuries in the attack. They were attacked by a gang of seven upper caste people when they were proceeding on a motorcycle, who refused to give way as they were riding a motorcycle. The deceased died on the spot after being attacked with wooden logs and sharp stones, while his friend managed to escaped.

The NHRC registered the complaint (243/22/42/2014) on 25.02.2014 and issued directions to Superintendent of Police, Villupuram to submit detailed reports.

In compliance, the Superintendent of Police, Villupuram submit an enquiry report to NHRC on 16.05.2014. Confirming ACHR allegations, the report said that Elumalai along with his friends Ayyappan was returning home on a motorcycle when a group of Vainnya Community persons of Emapair village refused to give way, in which Elumalai was abused by naming his caste and attacked by the caste Hindus with stones and sticks and caused his death instantaneously.  The report also said that suitable instructions have been given to the Investigatin Officer to bring the case for early trial in the court.

The District Magistrate, Villupuram in his report dated 07.0.2017 informed the NHRC that a monetary relief of Rs. 3,75,000 was paid to the deceased wife Tmt. Kavitha as per serial no. 17 of Scheduled Annexure-I of the SC/ST (POA) Rules 1995 and same was also credited in her account. In addition, the deceased’s wife was given a new house under Indra Awas Yojana scheme at an estimate cost of Rs. 1.20 lakhs, free rice, free fan, mixie, grinder, free education to her two children, etc.

In a subsequent report dated 06.07.2017, the Superintendent of Police, Viluppuram stated that the other three injured victims were sanctioned monetary relief i.e. Rs. 22,000 (25%) u/s 3(1)(x) SC/ST (POA) Act, 1989 to one victim, and Rs. 90,000 each (50%) u/s 3(2)(v) SC/ST (POA) Act, 1989 to other two victims.

In its latest proceedings dated 13.04.2018, the NHRC directed the Superintendent of Police, Viluppuram to send the proof of payment to the three injured victims.

The case is currently pending final adjudication.

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