Gujarat
,
Vanthal Village, Viramgam tehsil
,
Ahmedabad
Published :
Jan 2021
|
Updated :
In Gujarat Village, Upper-caste Residents Flood Dalit Cemetery with Sewage Water
Reported by
Rejitha Nair
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
5000
People affected
2020
Year started
0
Land area affected
Households affected
5000
People Affected
2020
Year started
0
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Other Kind of Land Use
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Mukti Dham, a Dalitonly cemetery in Vanthal village, Viramgam tehsil, Ahmedabad, has been flooded with sewage water allegedly by the uppercaste residents of nearby Ashtavinayak housing society since January 2020. Because of the flooding, the cemetery can no longer be used and the Dalit residents have to carry the body of their dead for more than five kilometres for cremation. The Dalits have been using the cemetery for many decades, which was allocated to the community by the district collector. According to Kirit Rathod, chairperson of Dalit Adhikar Manch, clashes between the Dalits and the upper caste in this area are common. He alleges that the cemetery has been flooded on purpose to humiliate the Dalit community and cause them unnecessary hardship. The cemetery where our kinsfolk lay buried has turned into a swampland. They were humiliated when they were alive. And now, even after they have died, the uppercaste people are heaping insult on them by purposefully discharging their solid and liquid waste into our final resting place, Rathod told the media. Dalit Adhikar Manch had written a letter to Chief Minister Vijay Rupani demanding strict action, following which the municipal corporation had swung into action and visited the site to check how the contaminated water was being diverted to the cemetery. The municipal authorities have so far issued two notices to the chairperson of Ashtavinayak society under Section 133 of the Criminal Procedure Code, which empowers the district magistrate to take appropriate action to remove any nuisance or obstruction from a public place. But nothing has changed on the ground and the cemetery continues to be flooded. "We are planning to organise largescale protests and roadblocks if there are no further developments," Rathod told LCW. Meanwhile, the Dalit community of Viramgam, along with Dalit Adikhar Manch, raised funds to fill the land and convert a plot near the cemetery into a burial ground.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Enquiry into the matter and strict action againt those responsible for diverting sewage water to the cemetery

Region Classification

Rural

Type of Land

Common

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Viramgam Municipality

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

JOIN
THE LCW COMMUNITY
Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


Support our work.
Sign Up Today
Author
Reported by
Rejitha Nair

Rejitha is a freelance consultant and Master Trainer for Paralegals. She is presently writing her doctoral thesis at NALSAR University of Law, Hyderabad. Before starting out on her own, she worked for over six years as an Assistant Professor, teaching Human Rights and Legal Theory at Nirma University, Ahmedabad. A firm believer in education for justice, she devotes most of her time in developing courses and training modules to better understand social power and power structures.

Show more work
Latest updates
East Jaintia Hills
Meghalaya

Violent protest during public hearing for cement plant expansion in Meghalaya's East Jaintia Hills

Narela
Delhi

Residents of Narela's Bajitpur Thakran oppose demolition of temples for defence institute, demand sports complex

Surguja
Chhattisgarh

Adivasis in Chhattisgarh's Hasdeo protest relentlessly against mining project in forest

Kamrup Metropolitan
Assam

Lawyer bodies protest against Assam government’s decision to relocate Gauhati High Court

Faizabad
Uttar Pradesh

Demands for Ram Temple, Babri Mosque at same site divides Ayodhya

Mumbai
Maharashtra

Supreme Court Allows Land Reclamation for Mumbai Coastal Road Project

Pune
Maharashtra

Farmers Refuse Land for Pune Outer Ring Road Project in Maharashtra

Surat
Gujarat

Slum Dwellers in Gujarat's Surat Stage Protest against Demolition, Forced Eviction

Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

JOIN
THE LCW COMMUNITY
Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


Support our work.
Sign Up Today
Conflicts Map
Conflict Database
About Us