THE KILLING OF SHRI DANAPPA

Savitri Bai Phule – Dr B.R. Ambedkar- Bhagat Singh Vedike

(SAB Vedike)

(Don’t fight over clan and community, do you know your clan’s origin?

All birth is from the vagina, all feet must tread land, all mouths must be fed

Isn’t water the mother to all life? Do you know the water’s clan?)

– Shri Kanaka Dasa

On 22.06.2021, Shri Danappa, a Dalit youth belonging to the Madiga community was severely assaulted and killed by persons belonging to the dominant Kuruba Community at village Baraguru, Karatagi Taluk, Koppal District. This is a case of pre-meditated murder for the sole reason of having been in a romantic relationship with a woman from the Kuruba community (euphemistically called “honour killing”).

On 27.06.2021, our team consisting of Sannahanumathappa Hulihyder, Nagaraj Pujar, Parasuram Guruvappa, Buddappa Hanumamma, Maitreyi Krishnan and Clifton D’ Rozario visited Baraguru village, and met with the family, relatives, friends and neighbours of Late Shri Danappa.

The brutal murder as a stamping of caste authority

Late Shri Danappa’s family reside on the outskirts of village Baraguru, in the “keri”, which consists of small houses lined on either side of two streets. The “keri” are localities outside the “main” village, which house only the Dalit communities. This keri is of the Madiga community. Baraguru, practices spatial caste-segregation strictly, like most villages in Karnataka. This is not the sole entrenched manifestation of caste in the village. Dalits are not permitted to enter into the hotel in the village; it has a separate enclosure meant only for them. Plastic cups are used to serve coffee/tea, and there are two jugs for serving water, one reserved for Dalits. Dalits are not allowed into the village temple but are “allowed” to stand outside for worship, though this too is occasionally denied as per the whims and fancies of the dominant communities. Dalit boys and men are not entertained in the village barber shop who reserves his services only for the dominant communities. Even anganwadis are established in such a way that there is one for beneficiaries from the dominant communities in their locality, and one for the Dalits, which is in the keri. Dalits are not allowed into the houses of the dominant castes. Dalits were prevented from sitting on the ooru katte until around the year 2005. The touch of Dalits is still not allowed by sections of the dominant caste communities. There has been some amount of easing on these fronts, but it is only on the face of it. These are just some of the obvious ways in which caste manifests itself in, and determines, everyday social realities and practices.

Baragur village is a medium-size one having 300 Kuruba families, 100 Chaluvadi families, 50 Madiga families and a number of other dominant communities. From the land ownership point of view, the divide is rather apparent. Dalits previously owned small parcels of agricultural lands, having been beneficiaries of land grants of 1-2 acres from the government several decades ago. However, with the passage of time, most of the Dalits have been compelled to sell their lands to persons from the dominant communities. Most members of the dominant communities own between 5 and 30 acres of agricultural land each. In these circumstances, being either landless or having extremely small parcels of land, members of the Madiga community are largely earning their livelihood as daily-wage agricultural workers on the lands of the dominant communities. Toiling as agricultural workers, from 9.00 a.m. to 5.00 p.m., with a short break for lunch in between, women are paid Rs. 150-200/- per day and men are paid Rs. 300/- per day. Economically, the Dalit community is largely dependent on the dominant communities for employment, although some of them also have access to occasional employment under the MGNREGA. The importance of education is not lost on the Dalits, a handful of whom are now studying in college with a couple of them having completed their degree and hunting for jobs. One of them said,

“We are hopeful that we will get government jobs. That is one way of securing our future. There is nothing else we have to fall back on. Yet, jobs are not easy to come by and even reservations are no guarantee for jobs anymore. Still this is the only avenue available for us to build better lives for ourselves”.

In a long conversation, in which most people from the keri sat and spoke, the simmering anger at the inhuman treatment meted out to them by the dominant communities was evident. An older woman scornfully said,

“Not only do they refuse us entry into the village temple, they refuse to pray at the temple in our keri. Do they think that they own God even!”.

A young woman recalled the cruel experience, years ago when she was still in school, and had accompanied her classmate from the dominant community to the house:

“My classmate’s grandmother shouted out from her door at her saying what are you doing with that madiga sule magale. I was so hurt I just ran back to my house”.

One of Late Shri Danappa’s friends said:

“Things have changed a bit now. We can sit on the ooru katte. We also have friends from among the dominant communities. They may come to our homes even but we can never enter their houses. Whatever friendship we have is outside”.

Everyday events, normal even, are determined by caste – where you walk, how you talk, where you can get your water, where you can sit. Every day in each of these moments a caste atrocity punishable under the Prevention of Atrocities Act is being committed.

Upon queries as to whether they fought against these caste atrocities perpetrated upon them, one of them said:

“A few years ago there was a land dispute. The dominant communities refused to rent their tractors to us after that. None of us own a tractor. It made life very difficult because this went on for 6 months. They refused to employ us on their lands. They refused any interaction with us. Luckily it only lasted 6 months that time around.”

One of the younger boys said that they had complained to the police about the barber not allowing them into his shop, but to no avail. There is anger at this daily humiliation, but there is a helplessness of its inevitability.

The persistence of caste, caste discrimination and untouchability governs every aspect the lives in Barugur village; it determines all social and economic relations. The Constitution and its abolishment of untouchability has no relevance in Baragur. The murder of Late Shri Danappa is another act of entrenched caste in their social lives. His horrific killing has taken place in an environment where caste, its hierarchies, discrimination and untouchability are normalised and routinised in everyday lives.

Shri Danappa, belonging to the Madiga community and Ms. Sunitha, belonging to the Kuruba community had fallen in love and were in a relationship. Shri Danappa worked as a driver of a tractor and Ms Sunitha was studying. Sometime ago, Ms Sunitha’s father and relatives had assaulted and abused Shri Danappa saying

“Madiga Sule Magane, Neenu keelu jaathiyavanagiddu, naavu meluvargadhavaru agidhu, nama magalanu preethisutheeya”.

They issued life threats and said that they would kill him or have him killed and it is said that Late Shri Dannappa cut all relations with Ms. Sunitha thereafter. On that fateful night of 22.06.2021, Late Shri Danappa left his house only to be found dead the next morning. The family members have sketchy details as to the manner in which he was murdered. All that is confirmed is that he was killed by the girl’s family and members of the dominant community solely because of his relationship with Ms. Sunitha, and the death that was brought him, was violent, torturous, horrific and painful.

Late Shri Danappa’s parents were still in shock. As we spoke to them, sitting in the small home of their neighbour, they found it difficult to share memories of their lost son. Rather, they were heart-broken at the injustice of losing their 23-year-old son, whose life was snuffed out for something they believed to be a flimsy reason. His mother, Smt Hucchamma said,

“I’ve lost my Dana. I do not know anything, except that we want justice and strict punishment for these people who tortured and killed my son, and dumped his body in such a way”.

His father said his son’s body was found in the morning and that he can never ever forget the sight of his son lying dead.

On discovering their body’s mutilated body, the police were informed and the Superintendent of Police visited the very spot and inspected the place. A complaint was filed at the Karatagi police station, and the police registered FIR in Cr. No. No. 135/2021 against 7 persons. Four persons, Shri Maribasappa (Father of Ms Sunita), Ms Sunita, Smt Lalitamma (Mother of Ms Sunita), Hulagapa (Son-in-law of Shri Maribasappa), have been arrested as of now. People were angry that the police have not arrested all persons who are guilty of this murder including Shri Korappa, Shri Yamanurappa and Shri Ningappa, also belonging to the dominant community. We learnt from the FIR, that, strangely the Police have named these three persons as “suspects” as opposed to “accused” in the FIR. The police, has shockingly slipped this into the FIR and is duty-bound to explain it.

Even more shocking is that the Deputy Commissioner has not even visited the village once. Only the Tahasildar and Social Welfare Officer have visited the home of the family, with the Social Welfare Officer informing them of their entitlements under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Not a single elected representative from the Gram or Zilla Panchayat has visited the family yet. Even the local Member of Legislative Assembly, Shri. Basavaraj Dhadesugur (belonging to the Madiga community), or Shri Karadi Sanganna, the Member of Parliament (belonging to the Panchamashali Lingayat community), both from the BJP, have not visited the family.

Defanging the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 by sheer non-implementation

The Prevention of Atrocities (Scheduled Caste and Scheduled Tribes) Act 1989 was enacted to punish caste discrimination and atrocities against members of the Dalit and Adivasi communities. However, this stringent law is rendered toothless by its deliberate non-implementation as is seen even in this barbaric caste atrocity.  

The law mandates that the following steps be taken on the occurrence of a caste atrocity:

• The Deputy Commissioner and the Superintendent of Police shall visit the place or area where the atrocity has been committed to assess the loss of life and damage to the property and draw a list of victims their family members and dependents entitled for relief. However, this has not taken place.
• The authorities must take effective and necessary steps to provide protection to the witnesses and other sympathizers of the victims while providing immediate relief to the victims, which too has not been done.
• The Act recognizes the right of the victims to reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding.

The defanging of this law has been systematic. Despite the specific mandate of the law for the State Government to prepare a model contingency plan for implementing the provisions of the Act, wherein the role and responsibility of various departments and their officers at different levels, the role and responsibility of Rural/Urban Local Bodies and Non-Government Organisations would be specified, the contours of the relief package for the victims would be laid out, is not yet known to the public. Alongside this is the failure of the State Government to constitute a State-level Special Cell to supervise and monitor the investigation and prosecution of cases relating to atrocities on Dalits. Even the mandate that the Deputy Commissioner and Officer-in-charge of prosecution at the District level shall review the position of cases registered under the Act and the implementation of the rights of victims and witnesses is not being done.

As per the National Crime Records Bureau (NCRB) data for 2017, Karnataka has the highest rate of atrocities against members of Scheduled Caste and Scheduled Tribe communities. In fact, in 2014, Karnataka had a conviction rate of 0%¹ under the Atrocities Act, despite having registered 1,633 cases that year. This is evidence of the fact that the implementation of the Act in Karnataka has been abysmal and the conviction rates extremely low. The Karnataka State Annual Monitoring Report on the Implementation of SC/ST (Prevention of Atrocities) Act, 1989 released in 2019² found that on an average, one incident of murder or attempt-to-murder is committed against Scheduled Castes or Scheduled Tribes persons once in three days in the State and an SC or ST woman is raped every two days. From not having established exclusive special courts in each district to vigilance committee meetings not being held, there has been a complete failure in ensuring the implementation of the Act.

Suffice to say that the tardy manner in which the Atrocities Act is implemented in general is evident even in the case of this horrific murder of Late Shri. Danappa.

Caste murders in the name of “Honour” Killings:

This murder is one in a long line of murders by the dominant castes of Dalits who “dare” to get into a relationship with a woman from the dominant caste. Such caste murders in the name of “honour killing” are nothing but caste crimes and atrocities.

Dr Ambedkar in his book “Castes in India: Their Mechanism, Genesis and Development” traces that endogamy i.e. enforcing marriage only within their own caste, is necessary to maintain the caste structure. He finds that it was with the intent to maintain endogamy that customs such as Sati, enforced widowhood and girl marriage were brought in, and the control of the sexuality of the woman was necessary for the preservation of the caste-system. The Manusmriti prohibits marriage where the man’s caste is “lower” than woman’s, terming such a mariage as “pratilom vivah”.

The enforcement of this code is necessary in sustaining caste. The choices of women belonging to dominant caste communities are thus to be controlled, and the men from the oppressed communities are to be “taught lessons”. Any transgression of this code is met with severe violence, torture, social boycotts, ostracisation, physical assaults and death. The untold misery heaped on the hapless couple whose only “crime” is love, differs only in terms of degrees. The murders, euphamistically called “honour killings”, are crimes rooted in casteist patriarchy. The end is always punishment as in the case of Late Shri Danappa.

In this context, it is also necessary to note that the Supreme Court has passed a series of judgments in regard to the issue of “honour killings”. The Supreme Court in Lata Singh v. State of U.P., while looking at a case of inter-caste marriage, held that

“The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, Inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes.”

The Court also held that these are acts of barbarism and feudal mentality and held

“There is nothing honourable in such killings, and in fact they are nothing but barbaric and shameful acts of murder committed by brutal, feudal minded persons who deserve harsh punishment”

The Courts have also come to the defence of inter-caste and inter-faith relationships from the ‘right to choice’ perspective. In Shakti Vahini vs. Union of India (UOI) and Ors., the Supreme Court held that

“Honour killing guillotines individual liberty, freedom of choice and one’s own perception of choice. It has to be sublimely borne in mind that when two adults consensually choose each other as life partners, it is a manifestation of their choice which is recognized Under Articles 19 and 21 of the Constitution. Such a right has the sanction of the constitutional law and once that is recognized, the said right needs to be protected and it cannot succumb to the conception of class honour or group thinking which is conceived of on some notion that remotely does not have any legitimacy.”

In furtherance of this defence of inter-faith and inter-caste relationships, the Courts have laid down a series of directions to be followed by the Government, District Administration and Police including preventive, remedial and punitive measures. In fact in the Shakti Vahini case the Supreme Court held that a law on the lines of abolition of ‘sati’ and ‘dowry’ be implemented to fight the social menace of ‘honour killings’

The need to annihilate caste

As seen above, the brutal murder of Shri Danappa has to be seen in the context of the everyday life of the Baragur village, which is not very different from the situation in other villages across Karnataka. The persistence of caste, its hierarchies, caste discrimination and untouchability governs and determines the lives and relationships of all persons who reside therein. The law provides legal avenues, however, as we have seen above can be subverted and rendered toothless by the machinations of the political classes and bureaucrats. If the issue has to be dealt with foundationally, it can only be done, as Babasaheb Ambedkar emphatically stated, through the annihilation of caste.

Inter-caste relationships and marriages no doubt serve to challenge caste, but the struggle for annihilation of caste does not end there. Of course, Babasaheb Dr. B.R. Ambedkar’s wrote in “Annihilation of Caste”, that the real remedy for breaking caste is inter-marriage and that nothing else will serve as the solvent of caste. But he also said in another speech delivered at the Bombay Presidency Mahar Conference on 31^st May 1936 that castes cannot be abolished by inter-caste dinners or stray instances of inter-caste marriages. In fact, Babasaheb understood that inter-caste marriages are just one of the ways of challenge the hegemony of caste, yet the real battle lay in challenging the religious texts that sanction caste. He categorically says that caste is a disease of the mind and religious sanctions are the root cause of this disease, and that it is not possible to break Caste without annihilating the religious notions on which it, the Caste system, is founded.

Dalits continue to be subject to daily humiliation at the hands of sections of the dominant caste families, even as they are also completely dependent on them for their economic survival. Thus, unless there is a definite programme to address and annihilate caste itself, such practices and atrocities will only continue. In this the economic dependence of Dalits on dominant community which forces them to be permanently under subjugation has to be challenged as well as the religious notions sanctioning caste.

Incidentally, in the last year (01.04.2020 to 31.03.2021), there have been 2327 reported caste atrocities in Karnataka, including 87 murders and 216 rapes. Not surprisingly, Koppal district tops with the highest number of reported atrocities (169), followed by Tumukuru district (166), Mandya (156), Dharwad (154) and Kalaburagi (153).

Given this reality, one of the most essential and radical steps in the struggle for justice is the struggle against caste system i.e. the annihilation of caste. Any programme towards annihilation of caste entails waging a relentless struggle against the ideological and economic underpinnings of caste – a struggle against Manuvada and its material basis, the capitalist system, and making it an essential part of the practice of our class struggle. Struggle against caste-based oppression and for the annihilation of caste has to be a part and parcel of our politics. We must remember Babasaheb Ambedkar denounced the twin enemies of Brahminism and capitalism.

This class struggle, accompanied by the social awakening of the Dalit community and economically deprived sections of the dominant castes, can liberate oppressed castes from the shackles of the caste system and secure political and economic equality of all oppressed sections of society.

Going forward

Article 17 of the Constitution abolishes untouchability and forbids its practice in any form. There is the chapter on fundamental rights in the Constitution, which recognises the equality of all persons, prohibits discrimination, protects the right to life, prohibits forced labour, and so forth. The State government has issued a notification stipulating the minimum wage for agricultural workers; this being done in exercise of its powers under the Minimum Wage Act, 1948, which also penalises anyone who fails to pay minimum wages. Women are entitled to equal rights and remuneration.

There is also the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, which states that one of the functions of the Habitation and Gram Sabhas is to initiate action to prevent discrimination on the basis of caste and ensure that no traditional, social and religious practices that denigrate the rights, dignity and freedom of any individual, especially women and children from the Dalit community, are performed in the village. It is the duty of the Gram Panchayat to report the practice of untouchability, social boycotts and other types of social exclusions to the concerned authorities.

The Constitution and the laws, for most part exists as an illusion for most part of the lives of the Dalit community in Baragur village.

On the Horrific Murder of Shri Danappa

1. There must be a court-monitored investigation into the murder of Shri Danappa and all the Accused must be immediately arrested.
2. All the officials must immediately visit Baragur village meet with the family members and perform all the mandatory duties under the Act and Rules, detailed above.
3. The District Administration must order intensive police patrolling in the village, take effective and necessary steps to provide protection to the witnesses and other sympathizers of the victims and provide relief and rehabilitation to the victims.
4. The family must be provided notice of any Court proceeding including any bail proceeding to the victims. The State must also ensure that the family has access to legal aid.
5. All steps must be taken to ensure the economic and social rehabilitation of the family

On the continuing caste based-discrimination and everyday atrocities

6. The Deputy Commissioner and the Superintendent of Police should immediately visit the village and take all necessary steps to ensure that all forms of untouchability and caste discrimination be immediately stopped and action be initiated against those members of the dominant caste who perpetuate the same.
7. The State Government must ensure the economic condition of the Dalit families are improved, including taking the following steps:
   1. All the Dalit families are granted land
   2. Where land granted to the Dalit families has been sold or is not in their possession, such land has to be resumed and restored to them.
   3. Employment under the National Rural Employment Guarantee Act is made available for the entire year
   4. Employment is assured to those who have completed their graduation
8. The State Government and the Deputy Commissioner shall take all preventive and precautionary measures to counter the prevalence of untouchability and atrocities against the Dalit community.
9. The Gram Panchayat, Taluk Panchayat and Zilla Panchayat are duty bound to report caste atrocities and untouchability practices. Hence the Rural Development and Panchayat Raj Department must immediately direct all GPs/TPs/ZPs to do the same and necessary directions have to issued to them to take steps to take action against those perpetrating untouchability and caste discrimination.
10. The Rural Development and Panchayat Raj Department must conduct training for all gram panchayat members and officials on their duties and officials to stamp-out caste discrimination and atrocities.
11. The Rural Development and Panchayat Raj Department must conduct a study on the prevalence of caste based discrimination and untouchability across Karnataka and bring out a road-map for its eradication.

1 https://www.deccanherald.com/content/508442/no-justice-scst-victims-atrocity.html

2 The Report was published by the Committee for Monitoring and Strengthening SCs and STs (Prevention of Atrocities) Act in Karnataka (CMASK) and the Karnataka Dalita Mahila Vedike (KDMV), in collaboration with the Social Welfare Department

Annexure 1

Directions issued by the Supreme Court in cases of “Honour” Killing

The Courts have laid down a series of directions to be followed by the Government, District Administration and Police:

1. The administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law. [Lata Singh v. State of U.P. [(2006) 5 SCC 475]]
2. Administrative and police officials is to take strong measures to prevent such atrocious acts. [Arumugam Servai vs. State of Tamil Nadu [AIR 2011 SC 1859]
3. If any such incidents happen, apart from instituting criminal proceedings against those responsible for such atrocities, the State Government is directed to immediately suspend the District Magistrate/Collector and SSP/S Ps of the district as well as other officials concerned and charge sheet them and proceed against them departmentally if they do not (1) prevent the incident if it has not already occurred but they have knowledge of it in advance, or (2) if it has occurred, they do not promptly apprehend the culprits and others involved and institute criminal proceedings against them, as in our opinion they will be deemed to be directly or indirectly accountable in this connection. [Arumugam Servai vs. State of Tamil Nadu [AIR 2011 SC 1859]
4. A law on the lines of abolition of ‘sati’ and ‘dowry’ be implemented to fight the social menace of ‘honour killings’ [Shakti Vahinivs. Union of India (UOI) and Ors. [AIR 2018 SC 1601]]

Detailed Directions issued by the Supreme Court in Shakti Vahini vs. Union of India (UOI) and Ors. [AIR 2018 SC 1601]

I. Preventive Steps:

(a) The State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in the recent past, e.g., in the last five years.

(b) The Secretary, Home Department of the concerned States shall issue directives/advisories to the Superintendent of Police of the concerned Districts for ensuring that the Officer Incharge of the Police Stations of the identified areas are extra cautious if any instance of inter-caste or inter-religious marriage within their jurisdiction comes to their notice.

(c) If information about any proposed gathering of a Khap Panchayat comes to the knowledge of any police officer or any officer of the District Administration, he shall forthwith inform his immediate superior officer and also simultaneously intimate the jurisdictional Deputy Superintendent of Police and Superintendent of Police.

(d) On receiving such information, the Deputy Superintendent of Police (or such senior police officer as identified by the State Governments with respect to the area/district) shall immediately interact with the members of the Khap Panchayat and impress upon them that convening of such meeting/gathering is not permissible in law and to eschew from going ahead with such a meeting. Additionally, he should issue appropriate directions to the Officer Incharge of the jurisdictional Police Station to be vigilant and, if necessary, to deploy adequate police force for prevention of assembly of the proposed gathering.

(e) Despite taking such measures, if the meeting is conducted, the Deputy Superintendent of Police shall personally remain present during the meeting and impress upon the assembly that no decision can be taken to cause any harm to the couple or the family members of the couple, failing which each one participating in the meeting besides the organisers would be personally liable for criminal prosecution. He shall also ensure that video recording of the discussion and participation of the members of the assembly is done on the basis of which the law enforcing machinery can resort to suitable action.

(f) If the Deputy Superintendent of Police, after interaction with the members of the Khap Panchayat, has reason to believe that the gathering cannot be prevented and/or is likely to cause harm to the couple or members of their family, he shall forthwith submit a proposal to the District Magistrate/Sub-Divisional Magistrate of the District/Competent Authority of the concerned area for issuing orders to take preventive steps under the Code of Criminal Procedure, including by invoking prohibitory orders Under Section 144 Code of Criminal Procedure and also by causing arrest of the participants in the assembly Under Section 151 Code of Criminal Procedure.

(g) The Home Department of the Government of India must take initiative and work in coordination with the State Governments for sensitising the law enforcement agencies and by involving all the stake holders to identify the measures for prevention of such violence and to implement the constitutional goal of social justice and the Rule of law.

(h) There should be an institutional machinery with the necessary coordination of all the stakeholders. The different State Governments and the Centre ought to work on sensitization of the law enforcement agencies to mandate social initiatives and awareness to curb such violence.

II. Remedial Measures:

(a) Despite the preventive measures taken by the State Police, if it comes to the notice of the local police that the Khap Panchayat has taken place and it has passed any diktat to take action against a couple/family of an inter-caste or inter-religious marriage (or any other marriage which does not meet their acceptance), the jurisdictional police official shall cause to immediately lodge an F.I.R. under the appropriate provisions of the Indian Penal Code including Sections 141, 143, 503 read with 506 of Indian Penal Code.

(b) Upon registration of F.I.R., intimation shall be simultaneously given to the Superintendent of Police/Deputy Superintendent of Police who, in turn, shall ensure that effective investigation of the crime is done and taken to its logical end with promptitude.

(c) Additionally, immediate steps should be taken to provide security to the couple/family and, if necessary, to remove them to a safe house within the same district or elsewhere keeping in mind their safety and threat perception. The State Government may consider of establishing a safe house at each District Headquarter for that purpose. Such safe houses can cater to accommodate (i) young bachelor-bachelorette couples whose relationship is being opposed by their families/local community/Khaps and (ii) young married couples (of an inter-caste or inter-religious or any other marriage being opposed by their families/local community/Khaps). Such safe houses may be placed under the supervision of the jurisdictional District Magistrate and Superintendent of Police.

(d) The District Magistrate/Superintendent of Police must deal with the complaint regarding threat administered to such couple/family with utmost sensitivity. It should be first ascertained whether the bachelor-bachelorette are capable adults. Thereafter, if necessary, they may be provided logistical support for solemnising their marriage and/or for being duly registered under police protection, if they so desire. After the marriage, if the couple so desire, they can be provided accommodation on payment of nominal charges in the safe house initially for a period of one month to be extended on monthly basis but not exceeding one year in aggregate, depending on their threat assessment on case to case basis.

(e) The initial inquiry regarding the complaint received from the couple (bachelor-bachelorette or a young married couple) or upon receiving information from an independent source that the relationship/marriage of such couple is opposed by their family members/local community/Khaps shall be entrusted by the District Magistrate/Superintendent of Police to an officer of the rank of Additional Superintendent of Police. He shall conduct a preliminary inquiry and ascertain the authenticity, nature and gravity of threat perception. On being satisfied as to the authenticity of such threats, he shall immediately submit a report to the Superintendent of Police in not later than one week.

(f) The District Superintendent of Police, upon receipt of such report, shall direct the Deputy Superintendent of Police incharge of the concerned sub-division to cause to register an F.I.R. against the persons threatening the couple(s) and, if necessary, invoke Section 151 of Code of Criminal Procedure Additionally, the Deputy Superintendent of Police shall personally supervise the progress of investigation and ensure that the same is completed and taken to its logical end with promptitude. In the course of investigation, the concerned persons shall be booked without any exception including the members who have participated in the assembly. If the involvement of the members of Khap Panchayat comes to the fore, they shall also be charged for the offence of conspiracy or abetment, as the case may be.

III. Punitive Measures:

(a) Any failure by either the police or district officer/officials to comply with the aforesaid directions shall be considered as an act of deliberate negligence and/or misconduct for which departmental action must be taken under the service rules. The departmental action shall be initiated and taken to its logical end, preferably not exceeding six months, by the authority of the first instance.

(b) In terms of the ruling of this Court in Arumugam Servai (supra), the States are directed to take disciplinary action against the concerned officials if it is found that (i) such official(s) did not prevent the incident, despite having prior knowledge of it, or (ii) where the incident had already occurred, such official(s) did not promptly apprehend and institute criminal proceedings against the culprits.

(c) The State Governments shall create Special Cells in every District comprising of the Superintendent of Police, the District Social Welfare Officer and District Adi-Dravidar Welfare Officer to receive petitions/complaints of harassment of and threat to couples of inter-caste marriage.

(d) These Special Cells shall create a 24 hour helpline to receive and register such complaints and to provide necessary assistance/advice and protection to the couple.

(e) The criminal cases pertaining to honour killing or violence to the couple(s) shall be tried before the designated Court/Fast Track Court earmarked for that purpose. The trial must proceed on day to day basis to be concluded preferably within six months from the date of taking cognizance of the offence. We may hasten to add that this direction shall apply even to pending cases. The concerned District Judge shall assign those cases, as far as possible, to one jurisdictional court so as to ensure expeditious disposal thereof.