Incident 1: In June 2077, Navraj Vick of Ranagaon in Jajarkot along with some friends went to Soti village of Rukum to pick up his girlfriend of alleged upper caste. After the girlfriend's mother hurled racial abuse, they decided to return to Soti. But on their way back, a group including the ward head of the village surrounded them and brutally attacked them. 6 people including Navraj were massacred, 12 more were beaten to death. This incident was not a double clash, it was a barbaric mass killing and communal violence. District Court Rukum imposed the sentence on charges of caste discrimination and murder. But the Surkhet High Court acquitted everyone on caste discrimination.
Incident 2: 19-year-old Meena Periyar of Myagdi went missing in December 2080. During the search, the family came to know that she was in love with Ram Khatri, who is said to be from the upper caste of the village. Meena's family went to District Police Office Myagdi to register a case between Meena and Ram with the evidence of text messages etc. but the police reluctantly registered a case of missing persons only weeks later. Ram's family threw stones at Meena's house. In July 2081, local people found Meena's body in the forest. An 8-month-old baby was also found in the womb. After that five people including Ram Khatri have been charged with duty killing. Instead of showing caution in the search for the missing Meena, the police conducted a shallow investigation and did not demand punishment using any legal clause for the killing of the fetus in the womb. Neither the public prosecutor considered it necessary to include the crime of infanticide in the prosecution.
Incident 3: 21-year-old Manoj Kumar Ram and Babita Isar of Saptari went to the Kapilvastu District Court and got married legally in 2080. 21-year-old Issar's father filed a kidnapping complaint by creating a fake birth certificate claiming to be only 12 years old. Babita's family was upset as her daughter married Manoj, a Dalit. They believed that once they were legally married, the police would not chase them. But as soon as they returned to their home district, Manoj was arrested and the Saptari District Court ordered him to be sent to custody for preliminary investigation, saying that he had kidnapped Babita. One and a half months later, the Supreme Court freed Manoj from prison after the detention case.
These are just a few representative incidents involving Navraj, Meena and Manoj. Many Dalits have been experiencing such violence, killings and excesses. The body of Ajit Mizar, who was murdered for having an inter-caste love, is still awaiting justice in the teaching hospital. Unfortunately! These issues are not becoming so sensitive questions for the state and society.
According to the Italian philosopher Giorgio Agambin, a "homosexual" is a person who, no matter what violence he does. Even if he is killed, no one should be punished. Because killing him is not considered murder. In the eyes of our rulers and society, Dalits are actually equivalent to 'homosakers'. Being beaten up by 'homosaker', being subjected to violence is not a big issue for our society and state. His life is just a living soul for the society and the state, which has no social and political rights. He is a class, deprived of all the rights of the state, he is unfit for justice and rights, but he is considered eligible for any violence and legal punishment. His life has no real value, because the state makes his life meaningless.
The police are considered the first door to justice. But with us, the 'police approach' of dealing with Dalits and Dalit issues is largely unjust and violent. Dalits have to face problems at different levels when trying to file discrimination complaints. There is a problem of the police not registering the case, Gariha doing a shallow investigation, deliberately weakening the case. But it is exactly the opposite, the police investigation proceeds with the opinion of filing a case and demanding maximum punishment even when there is no evidence or weak evidence while charging Dalits. In this way, Dalits are trapped but non-Dalits are protected even if they are accused of caste discrimination, the public prosecutor has also become the police's charioteer.
Without evaluating the biased investigation of the police, the public prosecutor, forgetting the role of the prosecutor, enters the case in the same court. Manojs who have inter-caste marriages are charged with all kinds of crimes like kidnapping, body hostage, rape. If Navraj had managed to survive that incident, he would have had to face a similar case. How many Dalits are trapped in false cases like Manoj, the state does not want to account for it. If there is a criminal incident, the police and the society have to contract some 'ready-made culprits', that community comes to be Dalits. And other agencies of the state dare to convict them without evidence.
In most incidents of caste discrimination, the police, public prosecutors and political parties are trying to protect the perpetrators or give them less punishment. When the court also becomes the essence of the same, one can easily guess what will be the fate of the 'homosaker'. Some of the judges have been showing impartial judicial ability and helping to get punishment in cases of caste discrimination even if it is small. However, with exceptions, the general verdict has been anti-Dalit.
Most of the non-Dalits ignore the fact that Dalit community lives like homosaker due to the behavior of the state and society, they only see the few opportunities they have. The problem is that Dalits should always be prepared for murder and discrimination, and that Dalits should face all kinds of crimes and maximum punishments in the law. But when will the Dalit community end the situation where they have to endure only insults and hatred when they ask for justice? Awareness, capacity and network of Dalits are also increasing. Always trying to make them 'homosaker' is to become the enemy of prosperity and peace.
