Eight years on, Madhu’s lynching still pricks Kerala’s conscience

The lynching of Madhu, a 27-year-old tribal man from Chindakki hamlet in Attappady, remains one of the darkest stains on Kerala’s human rights record. More than eight years after the brutal mafia murder on February 22, 2018, the case continues to wound the conscience of the state.

Madhu’s lynching over allegations of stealing food triggered nationwide outrage and exposed the vulnerability of tribal communities to mob violence and systematic discrimination.

Madhu, son of Mallan and Malli, VII. He was a poor, mentally disabled tribal youth who was educated up to grade level. The youth, who was living in isolation in a cave in the Attappady forest, was accused of stealing rice and food from shops at the nearby Mukkali junction.

According to the prosecution, a man collecting firewood saw Madhu in the cave and alerted the locals. Later, a group entered the forest and dragged him out, tied his hands with a lungi, put a sack over his head and forced him to walk about 4 kilometers to Mukkali.

Case records say Madhu was brutally beaten during the march and at the intersection, where she was publicly humiliated and interrogated. Images and videos of the attack, including selfies taken by mafia members with injured young people, were widely spread on social media, shocking the country. He was later handed over to the police but died while being taken to Agali police station.

The prosecutor’s office said he died from internal injuries sustained in the attack. The autopsy revealed extensive trauma, including fatal injuries to the back of his head, broken ribs and 42 wounds on his body.

16 defendants

16 people were referred to the courthouse as defendants in the case. On May 22, 2018, the Special Investigation Team filed a 3,000-page charge sheet before the SC/ST Special Court in Mannarkkad, accusing them of murder and citing provisions of the SC/ST (Prevention of Atrocities) Act, 1989.

All 16 accused were released on bail by the Supreme Court on 31 May 2018. The trial began just four years after the Supreme Court intervened due to delays. The trial started on January 25, 2022 in Mannarkkad court. Of the 124 witnesses listed, the prosecution examined 103 and the defense examined eight. While 77 people supported the prosecution, 24 people were hostile during the hearing.

Madhu’s mother and sister then approached the government demanding a stronger investigation, which led to the appointment of Rajesh M. Menon as special prosecutor. His intervention proved crucial to the case. The prosecution implemented the Witness Protection Plan, which exposed alleged connections between some of the defendants and witnesses. The court later revoked the defendant’s bail to intimidate and prevent other witnesses from becoming hostile.

Trial court decision

The Mannarkkad court found 14 of the 16 accused guilty and acquitted two of them. Thirteen of them were convicted for culpable homicide not amounting to murder under Section 304 (II) of the IPC, while one person was convicted under Section 352 for assault. On April 5, 2023, the court sentenced 13 convicts to 7 years of hard prison.

While the convicts challenged the decision in the Supreme Court, Madhu’s mother and sister also demanded harsher punishment. The Supreme Court on Monday acquitted the first accused, Mecheri Hussain of Pakkulam in Thavalam, while upholding the trial court order against the remaining accused.