Himachal Pradesh HC dismisses anticipatory bail of woman accused in Dalit boy death case

Also, the Himachal Pradesh Scheduled Castes and Scheduled Tribes Commission on Tuesday expressed strong displeasure with the state police over the investigation into the death of the deceased boy. Commission Chairman Kuldeep Kumar Dhiman, along with its members, advocate Vijay Dogra and Digvijay Malhotra, met Director General of Police (DGP) Ashok Tewari and issued necessary directions while expressing concern over the delay in submission of the police report to the panel. The commission pointed out that the report had not been submitted within the stipulated three-day period. The state panel had earlier met the DGP on October 1.

“After going through the records, we observed that the stringent provisions of the SC/ST (Prevention of Atrocities) Act, 1989 should have been invoked in the FIR at the very outset when the father of the Dalit boy lodged a complaint on September 17. Why did Shimla Police fail to add these stringent sections on that day,” Commission member Advocate Vijay Dogra asked, adding that they have directed DGP Ashok Tewari to fix responsibility for this lapse.

“We observed that due to this laxity, the woman suspect in the case managed to obtain interim bail from the Himachal Pradesh High Court. We have now been informed that her interim bail has been dismissed on the basis of the status report filed before the high court on October 6.”

“The DGP assured the commission that all provisions of the SC/ST Act would be implemented in letter and spirit, and that all necessary steps would be taken to ensure justice and sensitivity in such matters,” he further said.

Meanwhile, in its 14-page status report submitted to the high court, the Shimla police has not ruled out the presence of deep-rooted casteism in Limbda village. The report suggests that the victim took the extreme step after being reprimanded for entering the house of an upper-caste.

A copy of the status report, accessed by The Indian Express, states, “Prima facie, it appears that the Dalit boy was locked inside a cowshed and managed to escape after breaking an iron mesh, as forensic experts’ inspection suggests a forceful exit through a window covered with an iron grille. The cowshed was where the boy had allegedly been confined by three women, including widow Pushpa Devi, who also called the boy’s relatives, demanding a goat to ‘purify’ her house on the fateful day.”

The report further states, “During interrogation, accused Pushpa Devi claimed that the victim had been stealing edible items and cash from her shop for the past two to three months. Owing to this anger, when she found the boy inside her compound, she, along with another unnamed accused, caught him and locked him inside the cowshed. From there, the boy broke the mesh of the ventilator and escaped.”

To corroborate the prevalence of caste-based discrimination in Limbda village, police recorded the statement of Chain Ram, kardaar (priest) of the local deity Khantu Maharaj, under Section 180 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which deals with the oral examination of the witnesses.

According to the status report, “The practice of untouchability prevalent in Limbda village has been corroborated by the statement of Chain Ram, kardaar to the local deity Khantu Maharaj, recorded under Section 180 of BNSS. He stated that caste prejudices against certain Scheduled Castes, such as Koli (the victim’s caste) and Turi, are deep-rooted in Limbda village. These castes are treated as untouchables and are not allowed to enter upper-caste houses. However, certain other Scheduled Castes, like Badhi/Badhoi (to which Chain Ram belongs), Lohar, and Sonar, enjoy relatively higher social status. The so-called upper-caste people do not practice untouchability against them, though they are still not permitted to enter kitchens or temple premises within those houses.”

Police sends reports to human rights commission

Later, in a statement issued by the Himachal Pradesh police said that reports and relevant documents sought by Himachal Pradesh SC/ST Commission chairperson have been provided.

“The commission was briefed about the progress made in the said case since October 1. While expressing displeasure about the functioning of Shimla Police, the chairperson issued further instructions to ensure strict compliance of the directions issued by the Commission by the Shimla police in this regard. The Director General of Police, Himachal Pradesh, assured the commission that all provisions of the said Act will be implemented in letter and spirit and that all necessary steps will be taken to ensure justice and sensitivity in such matters,” it added.

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