[Editor's Note: The following is taken from an account of the investigation of a fact-finding team into violence and discrimination affecting the voting of Dalits. The fact-finding team was put together by Peoples Watch Tamil Nadu, and conducted a thorough investigation which demonstrates the means by which Dalits have been prevented from voting. Presented here is a summary of the findings, the recommendations, and a case study of police intimidation in one particular village.]
FINDINGS
1. Dalits were not allowed to vote in Ambalpuram, Uluthur, Kilangadu, Therku Mangudi, Adhandar Kollai, Kandhan-mangalam, S.Arasur, Theer-tharpalayam, Agaram, Kechi-kadu, Naduthittu, Ambedkar Colony, Thilagavalli, Mylam-bur, Vilangipattu, Puduchat-hiram, Valipattu, Athikulam, Chellankuppam, Kambali Medu, Beemarao Nagar, Vaiyoor and Valaipanthal, with the exception of certain pockets where Dalit concentration is higher. The DPI poll agents were attacked and ejected from the booths by the ruling DMK and PMK men. The Dalits who came to the booths were threatened and sent back. Poll agents belonging to the ruling DMK and PMK were the only ones allowed inside the booths and that paved the way for 'bogus voting'. Violence did not erupt until there was an objection to the bogus voting by Dalits. There was a systematic, pre-planned attack in all the booths mentioned above from 12.00 p.m. on 05.9.1999.

2. In spite of the written complaints referred by the DPI to the Election Commission, informing them about the possibility of violence in 80 villages, the State Government did not take adequate security measures. According to the statement of Mr. Sinthanai Selvan, Joint General Secretary of the DPI, out of 89 villages mentioned in their written complaints, 80 villages were targeted and the right to vote was denied to the Dalits. This has been confirmed by our fact-finding team.

3. There were instances of attacks - right in front of the presiding officers - on agents of TMC and DPI and Dalits who came to cast their vote from 12.00 p.m. on that day. But the District Collector and the Superintendent of Police of the district issued statements that the poll had been conducted peacefully, that no unlawful incident was reported up to the end of polling and that violent incidents occurred only after the polls closed at 5.00p.m. This was the version of the State CEO too. It still remains unclear whether the presiding officers of the booths mentioned above referred any complaint about the incidents. If they had done so, in spite of their complaints had the higher officials purposely hushed up the matter?

4. The Director General of Police said on 07.9.1999 that 42 DPI members from Madurai had been arrested in Neyveli. But our fact-finding revealed that out of the 42, only 2 were from Madurai and the rest from Neyveli and its surroundings. Among the arrested were also key persons of the DPI like the DPI Zonal Secretary of the candidate. This clearly indicates that the DGP was only trying to portray the DPI as a ÒterroristÓ organisation. All 42 arrested were under preventive arrest and for no other reason. The Police did not seize any arms from them.

5. In the arrests of the 42 persons, the custody memo was not prepared at the place and time of arrest, as per the guidelines given by the Supreme Court in the D.K. Basu case. When the team met the arrested in the Cuaddalore Jail, we were informed that the custody memo was prepared at the police station and the police had forced the arrested to sign. Even in other arrests, the custody memo was not prepared at the time and place of arrests.

6. Even after the visits of the higher officials to the affected village there has been no compensation or relief measures to the Dalits, as per the Rules of the SC/ST (Prevention of Atrocities) Act.

7. When the team met the injured in the hospitals and jails, most of them were Dalits. In spite of this fact, there were no arrests of Vanniars belonging to the DMK and PMK who indulged in violence. On the contrary, the affected Dalits were arrested en masse in many places.

HENRI TIPHAGNE
Director
RECOMMENDATIONS
1. The Election Commission should constitute a team comprising the three Election Observers appointed by the Election Commission for Chidambaram Constituency and the District Collector. This team along with the leaders of the affected people and party leaders from the constituency has to visit the disputed polling booths, about which the candidate of the constituency has proffered complaints. If the team comes to a conclusion that violent incidents have taken place before 5.00 p.m. on 5.9.1999, the day of polling, the Election Commission should recommend a re-poll in the disputed polling booths.
2. If the Presiding Officers of other booths had not proffered any complaints to the Election Commission about the poll violence that occurred on 05.9.1999, the Election Commission should initiate legal action against such officers in accordance with the Election Rules.
3. Atrocities against Dalits during Polling - either before or after election timing - are offences under the SC/ST (Prevention of Atrocities) Act, 1989. Therefore, those offences should be booked under Section 3(1) (vil) of the Act, the accused must be prosecuted under the Act and the victims need to be compensated immediately as per the Rules, 1995.
4. When there are specific complaints that the Dalits were not allowed to vote, because of the polling booths being situated at the upper caste area, the Election Commission should take special care in shifting those polling booths to a common place, whereby the Dalits will be in a position to exercise their franchise without fear.
5. A monitoring committee must be set up by the Director General of Police to monitor the proper implementation of the Supreme Court Judgement in the case of D.K. Basu vs. State of West Bengal on the event of arrest. The custody memo should not be prepared in the police station contrary to the provisions of the Supreme Court ruling. If the monitoring commi-ttee finds that police applied force while preparing the custody memo, the concerned police should be prosecuted for violating the Supreme Court ruling.
6. The State Government should come forward to give a relief amount to all victims including the Vanniars and other castes during the poll-related violence in Chidambaram Constituency.
7. The National SC/ST Commission should immediately intervene, by visiting the affected areas in Chidambaram constituency, and come out with strong recommendations, not only for Chidambaram constituency but for others also as regards ensuring free and fair poll process, especially in Dalit 'pockets'.
8. When there are complaints prepared by Dalits leaders to the Election Commission regarding anticipated poll violence, not only from the reserved constituencies but even from other constituencies, the Election Commission (together with the 9. National Commission for SC/ST) should set up a Special monitoring committee to look into the matter so as to take special measures to stop poll violence in those constituencies, ensuring fair and free polling.
( HENRI TIPHAGNE )
Director 

CASE STUDY: PINALUR VILLAGE

Pinalur Village falls under the jurisdiction of Sethiathope P.S. The 25 arrested Dalits from Ambalpuram who were transported by the police had to necessarily pass through Pinalur village, which also has a sizable Dalit population. The Dalits of Ambalpuram, on knowing that the police had arrested 25 of their own people for the violence let loose in their village in which the Dalits alone were the victims, immediately rushed to Pinalur for solidarity. The Dalits of Pinalur therefore undertook a road roko when the police van with the 25 arrested was to pass through their village, demanding the release of the 25 arrested persons. Just then the S.P. of the District Mr. Sylendra Babu IPS arrived at Pinalur village with a team of police and without any warning whatsoever that is required under the law started a lathi charge on the crowd that was involved in the road roko. When the crowd immediately dispersed, the police the resorted to an attack on the Dalit houses in Pinalur village one by one. 

Most of the people in the village were beaten by the police with their rifle butts and abused by the police in an extremely vulgar language. In each of the houses in Pinalur village the police destroyed vessels, broke the photos of Dr. Ambedkar, and tore the election posters of Mr. Thirumavalavan, the DPI candidate to the Parliament elections from that constituency. The police further arrested 35 persons in Pinalur village after their attack on the people - all Dalits.

In the attack on Pinalur village by the police, one woman named Packialakshmi (46) W/o. Kaliaperumal had been badly beaten on her chest and lower abdomen with a rifle butt. She sustained extensive bleeding due to her being hit with the rifle butt on her private parts. However she did not go to any hospital purely out of fear.