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Victory Over False Allegation Cases:
Kollathur Dalit Villagers Achieved Victory Over False Allegation Cases
Filed by Chinna Aqua farm
 [18 Sept 2007, Chennai] Kollathur Villagers, supported by Tamil Nadu Dalit Women's Movement (TNDWM), obtained one big step forward to get justice regarding the problems around an industrial aqua farm which is just next to the village. The false cases filed by F. Bartholomew, the owner of Chinna Aqua, against villagers were acquitted by Justice Shanti at the judicial court at Maduranthagam, on 15th Sept 2007.
TNDWM faced the problems which occurred at Kollathur Dalit village, during the relief activities for the tsunami rehabilitation in 2004. The backwater where Kollathur Dalit women worked in prawn catching was affected with the sands carried by the wave. The livelihood killer, however, was not only the tidal wave. The aqua farm set up on the irrigated agricultural land of the village discharged toxic waste to the backwater. Dalit women had to suffer from health problem occurred with the effluent-contaminated water, such as skin diseases and frequent diarrhoea for children. The waste water further surged up to the sources of livelihood of Dalits in Kollathur. The agricultural land was salinated, and villagers failed to have their crops of their food from their field anymore. Also, the daily prawn catching work was totally affected because natural water nearby was polluted. The source of naturally growing prawns were totally deviated the routes far away from the village. In addition, the spoiled water also damaged the ground water which was used for the drinking purpose.
The farm was actually violating environmental regulations from the beginning. Essentially the law prohibits using agricultural lands for prawn farming. But the owner has connections with politicians, and obtained the license to set up the unlawful aqua farm in 2004. After getting claims from the villagers on farm's illegal discharges of untreated wastewater, Bartholomew repeatedly filed false cases in order to attack the villagers and their daily routine. The villagers were arrested and taken to the police station as well as to the judicial court four times in a month to defend and to free them selves through the councillor advocate Gopinath.
Opposing against the farm, the Dalit women in Kollathur have established 'Kollathur Dalit Women Sangam'. TNDWM took initiatives and supported their activities, such as livelihood support projects, health and medical camps, cultural programmes, legal aid, fact findings missions (FFMs) and demonstrations to expose the issue. The police forces have arrested villagers, including Mr. Ravi, the president of the Kollathur Panchayat, in violent and illegal manner. The village of 4000 populations over 47 men and women were arrested and taken to the police custody. TNDWM has helped the villagers for their judicial assistance, legal awareness, educating their rights claiming, proving facts through an International Fact Finding mission, through an online petition letter, as well as local and state level lobbying. (see: ).
The false cases, discussed this time, were that the damage against the farm which was supposed to be caused by the villagers and attempted murder. The farm owner made allegations that they used poison to destroy the aquafarm and killed the prawns in the farm. The advocate however revealed that the fence and other facilities were not disturbed whereas the farm owner claimed that the prawns were killed by throwing poisoned tobacco into the pond. The doctor who supported the farm owner mentioned that the tobacco which was submitted as the sample of 5 dead prawn sealed by the department of the police was poisoned. Whereas there are procedural failures in testing the water and the feeds used in the farm, Judge Shanti of the Maduranthagam Court reached the decision that there was no sufficient evidence to prove the allegations made by the farm owner. The judicial court, therefore, has released the 47 villagers who had been in custody and the case was acquitted.
Although achieving this victory, Kollathur villagers have still two more false cases claimed by the farm. Moreover, the farm still exists on the agricultural lands. TNDWM will keep struggling along with Kollathur Dalit Women's Sangam until closing down the farm and achieving justice.
By:
Tamil Nadu Dalit Women's Movement
Chennai, India
18 September 2007
For more information:
Ms. Fatima Burnad
Email:
Weblink of IFFM report (pdf file):
Weblink of online petition letter:
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