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Moving AnnouncementWe have Moved !!!! Please find us at http://samatha.in .
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If you want legal opinion about a dalit related issue

If you want legal opinion about a dalit related issue

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  • Contact local dalit organisations for legal advisors.
  • Check blog link What To Do If, if there is any blog relevant to your issue.
  • Search in samatha legal messages archive if any related issue is covered.
  • Send an email describing the issue to samatha-legal@yahoogroups.com . Somebody MIGHT be able to guide you.
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Starting local dalit banks (Attack poor credit issues)

Start dalit banks using Mifos


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  • Download Microfinancing information management software from http://mifos.org/.
  • Set up the software and configure your bank.
  • Establish Contacts with local dalits and dalit organisations and start your banking operation.
  • Get dalits to start saving by paying a daily sum to banking agent (Pygmy agent).
  • Contact your local employment exchange or local dalit organisations and identify volunteers to act as banking agents.
  • Contact Grameen Koota for their experience.
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If dalit residents are denied patta by revenue officials

  • File a Public Interest Litigation petition in the High Court.

Refer incident HC bench pulls up top officials for not issuing pattas to dalits.

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If a dalit is sexually harassed

  • First share the information with people close to you (friends and family). Sexual harassment is a crime. Victim is not at fault. Saying victim invited the harassment is a insensitive, senseless, unjust, illogical justification of the crime.
  • If applicable, get a medical examination done.
  • Lodge an  First Information Report (FIR). Make sure that the offences are clearly mentioned and details about perpetrators, particularly the date, time and any witnesses are on record.
  • The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 requires that the investigation of an atrocity be completed within 30 days of filing the complaint.
  • Additionally, according to Section 3 (1) xi of the Act "Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe:- … (xi) assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with the intent to dishonor or outrage her modesty;
    (xii) being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed; … shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine."

  • According to Rule 7(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 the investigation of offence committed under the SC/ST Act cannot be investigated by an officer not below the rank of Deputy Superintendent of Police (Dy. SP).

  • According to orders handed down by the Supreme Court of India in Vishaka & Ors. v. State of Rajasthan & Ors. (All India Reporter 1997 SC 3011) which states,

    "It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required."

    Known as the Vishaka Judgment Guidelines, the Supreme Court developed specific guidelines for preventing and redressing cases of sexual harassment.

  • Complain to following organisations:

1. Secretary of Department of Social Justice and Empowerment

2. Directorate of Scheduled Caste Welfare

3. Director General of Police

4. Minister of Social Justice and Empowerment
Government of India
Shastri Bhawan, Dr Rajendra Prasad Road
New Delhi - 110 001
INDIA
Fax + 91 11 23384918
E-mail:
min-sje@sb.nic.in 

5. Minister of Home Affairs
Government of India
North Block, Central Secretariat
New Delhi - 110 001
INDIA
Fax + 91 11 23093750, 23092763

6. Minister of Women & Child Development
Government of India
Shastri Bhavan
New Delhi
INDIA
Fax + 91 11 23074054
E-mail:
min-wcd@nic.in 

7. Minister of Human Resource Development
Department of Higher Education
Government of India
Shastri Bhawan
New Delhi -110001
INDIA
Fax + 91 11 23381355, 23382947
Email:
hrm@nic.in

8. Chairperson
National Human Rights Commission

Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax + 91 11 2338 6521
E-mail:
chairnhrc@nic.in 

9. National Commission for Women
4, Deen Dayal Upadhayaya Marg
New Delhi-110 002
INDIA
Fax + 91 11 2323 6154
E-mail:
ncw@nic.in 

10. Chairperson
National Commission for Scheduled Castes

5th Floor
Lok Nayak Bhawan
Khan Market
New Delhi 110 003
INDIA
E-mail:
jointsecretary-ncsc@nic.in or chairman-ncsc@nic.in
Fax + 91 11 2463 2298

Bring up the issue with different dalit groups. You can email samatha_in@yahoo.com. We will forward it to different dalit groups and also publish in Samatha Blogs.
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if police refuse to book SC/ST Atrocities (Prevention) case

  • Take help of local dalit organizations.
  • District Level Monitoring Committee is a statutory committee for monitoring such cases of atrocities against dalits. Complain to them.
  • Complain to State Scheduled Caste, Scheduled Tribe Commission.
  • Complain to National Commission for Scheduled Castes.
  • Complain to State Human Rights Commission.
  • Complain to National Human Rights Commission .

Refer incident  Caste Atrocity victim: Chithralekha, Kerala.

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If Colleges Terminate a SC/ST Student For Poor Performance

SC/ST Students come from weak backgrounds. University Grants Commission's (UGC) guidelines on Dalit students specifically require colleges to treat SC/ST Students separately and allow the students to continue their studies. If not for this provision, many SC/ST students coming from weak financial and academic backgrounds would never complete their education.

You can do the following:

Refer Incident Caste Discrimination in IIT DELHI [Tehelka latest issue].

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If Colleges Demand Donations And Extra Fees

Colleges and Schools are not supposed to collect donations and extra fees from SC/ST Students. Even minority Institutions are not exempt from this rule. Minority status is granted only to degree colleges, not to PU Colleges.

  • Contact your local dalit organisations.
  • File a complaint with Directorate of Civil Rights Enforcement (DCRE).
  • Contact C.R.E Cell (Civil right Enforcement Cell).

To Clarify: Is this applicable only to government aided educational institutions ?

Refer incident Five Colleges Refund Fees to SC/ST Students

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