Dalit Bahujan Adivasi | SabrangIndia https://sabrangindia.in/category/hate-harmony/dalit-bahujan-adivasi/ News Related to Human Rights Tue, 27 Jan 2026 13:32:39 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Dalit Bahujan Adivasi | SabrangIndia https://sabrangindia.in/category/hate-harmony/dalit-bahujan-adivasi/ 32 32 Demolition of Adivasi homes at Sanjay Gandhi National Park on Republic Day https://sabrangindia.in/demolition-of-adivasi-homes-at-sanjay-gandhi-national-park-on-republic-day/ Tue, 27 Jan 2026 13:30:16 +0000 https://sabrangindia.in/?p=45678 Outrage of the demolition of Adivasi homes (padas) at the Sanjay Gandhi National Park, without necessary verification of the land records under the Forest Rights Act, 2006 have cause consternation on Republic Day, 2026; while authorities claim this is as per an Order of the High Court, protesters say that no attempt of due process ensued: no notice; children are out of school and electricity and transport have been stopped

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The demolition of Adivasi homes (padas) at the Sanjay Gandhi National Park, Borivali, without notice or due process has caused agitation among residents who are on a protest over the past one day. There has also been an altercation with the police, media reports indicate.

Meanwhile Anish Gavande, activist has, in an open lettrer to Ganesh Naik, Maharashtra Minister for Forests, appealed for the immediate halt in demolitions and protection of their life and property. This letter was made public at 6 p.m. on Monday, January 26. (NCPSP/NS/AG/27012026/001 Date: 27 January, 2026)

Quoting credible reports, Gavande states that “multiple Adivasi hamlets are facing demolition from January 19 this year without completed surveys, verified resident lists, or the lawful conclusion of the Forest Rights Act (FRA) process. Proceeding with evictions is a direct violation of Sections 4(1) and 4(5) of the Forest Rights Act, 2006, which explicitly prohibit eviction until all individual and community claims are verified through the Gram Sabhas. Eviction notices have been pasted late at night, with incorrect names and without field verification, denying residents a fair opportunity to seek legal remedy.”

Gavande also states that “equally concerning is the withdrawal of essential services. Electricity has been cut, BEST bus services suspended, and community facilities shut, with children being unable to attend school…..The justification that action is limited to so-called “re-encroachers” ignores the structural failure of rehabilitation. For Adivasi families whose livelihoods depend on land, livestock, and forest ecology, relocation to small SRA flats is neither viable nor lawful rehabilitation. This reality cannot be erased through administrative labelling. Conservation cannot be pursued by bypassing the law, particularly when large infrastructure projects continue within the same forest landscape.”

He has urged for the immediate halt all demolition activity, restore essential services, and ensure that no eviction proceeds until all FRA claims are lawfully settled through the Gram Sabha process. Failing timely intervention, affected communities and those supporting them will have no option but to intensify democratic protest and pursue all available legal and constitutional remedies.”

The letter may be seen here.

 

Finally the pressure worked and the demolitions were halted.

At 6.30 p.m. on January 27, IANS reported that Minister Ganesh Naik says, “The thing is that National Park is sensitive. Honorable High Court has ordered them to vacate the park. But still, without informing people it is not right to remove them. We have given houses to many people, but still they are not going. So, to find out whether it is true or false, a meeting is being held. I will inform you again after the meeting…”

Related:

Mumbai: Hundreds of people displaced after demolitions in Jai Bhim Nagar

Demolitions in Mumbai’s Behrampada before Eid

BJP MLA Nitesh Rane leads Hindutva Rally in Govandi, demands demolition of “illegal Masjids and Madrasa”

Govandi slum demolition: Temporary halt after protests outside BMC office by residents, those rendered homeless to rebuild their homes at the same site

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The Anatomy of Humiliation: Defining caste violence in the Constitutional era https://sabrangindia.in/the-anatomy-of-humiliation-defining-caste-violence-in-the-constitutional-era/ Tue, 27 Jan 2026 05:25:07 +0000 https://sabrangindia.in/?p=45568 Seventy-five years after the Constitution promised equality, caste hierarchy continues to define who may speak, study, worship, or even judge with dignity. From agrarian fields and university campuses to social media and the Supreme Court itself, this essay traces how violence against Dalits has evolved—becoming systemic, networked, and politically legitimised in India

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Understanding violence against Dalits necessitates moving beyond a mere enumeration of physical atrocities to defining the systemic denial of dignity and the imposition of comprehensive social exclusion. The persistence of caste discrimination, despite the constitutional abolition of untouchability, reveals that caste operates as a profound societal architecture—a “state of the mind”—that actively facilitates dehumanisation. Dr. B.R. Ambedkar’s seminal critique identified Hinduism as a structure fostering beliefs inherently unjust and oppressive.

Historical practices underscore the institutional roots of this humiliation, which are alarmingly mirrored and even innovated upon in contemporary India. Accounts from the Peshwa rule describe how untouchables were prevented from using public streets due to the polluting effect of their shadow; in Poona, they were forced to wear a broom attached to their waist to sweep away their footprints. Visuals of such a humiliating practice has been immortalised by Dalit writers and poets (Dalit shahirs)—performers in the late 19th and 20th centuries—that created a body of literature and theatre known as Dalit jalse.[1] Such ritual enforcement of segregation persists today in modernised forms of humiliation. This includes incidents where a 12-year-old Dalit boy died by suicide after being locked in a cowshed and shamed for accidentally entering an upper-caste house in Himachal Pradesh (October 2025), or the horrific case of a 14-year-old Dalit child forced to consume his own faeces (July 2020).

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The continuance –in the 21st century — of these ritualistic forms of violence, seven decades after India’s independence, confirms a profound failure of the constitutional promise of equality. The violence is often preceded by symbolic degradation—the imposition of dominant caste thought and perception—which acts as a necessary pre-condition for the subsequent material and physical violence. This structural denial of humanity maintains the cultural and ritual authority of the caste system, fundamentally resisting constitutional mandates.

In 1950, the Constitution of India promised a radical rupture: the abolition of untouchability (Article 17), equality before the law (Article 14), and a vision of dignity that sought to transcend birth-based hierarchy. Even then, as Indians celebrated a vision of equality and non-discrimination, there was vocal resistance (in the Constituent Assembly) to a complete and total abolition of Caste itself at the time of the Constituent Assembly debates; finally, as a compromise, Article 17 was enacted. Seven decades later, the persistence and intensification of violence against Dalits across regions and institutions suggest that even the limited promise remains incomplete.

In recent years, this crude form of violence and exclusion has acquired new visibility — and new legitimacy. Incidents of caste humiliation no longer remain confined to villages or agrarian conflicts; they permeate public spaces, reflective of the re-legitimisation of this othering by the dominance of the political ideology ruling at the Centre and over a dozen states: Schools, cities, social media, and even the judiciary’s symbolic space have been breached: it is as if a shrill messaging is being broadcast of the casteist majoritarian regime in power; that caste exclusion and hierarchy is not simply justified but will be violently imposed. When an advocate of India’s apex court “dares” flinging a shoe at the present Chief Justice of India (CJI), a Buddhist and this is followed by singular racial abuse online, it shatters the comforting belief that institutional achievement insulates against stigma. Such episodes illuminate a wider social truth: caste not only continues to function as India’s deepest grammar of power, adapting to modern structures rather than disappearing within them. Caste resurgence is the order of the day, being re-imposed, brutally by this dispensation. What India is witnessing is the classic form of counter-revolution.

This article maps this regression. Mostly drawing upon recent incidents documented in 2025 —including those in Thoothukudi, Panvel, Meerut, and Madhya Pradesh—it reconstructs what can be termed the “new architecture of caste attacks.” Major incidents before 2025 have also been included to show a pattern. Violence and exclusion today occur through overlapping arenas: the village, the city, the school, the digital sphere, and the state itself. Each arena reveals how caste’s social logic survives despite constitutional guarantees.

Notably, all the incidents referred to in this piece has been provided in detail in a separate document below:

The Ascending Hierarchy of Attack: From ritual to institutional apex

Dr. B.R. Ambedkar envisioned the Constitution as a path towards both a moral and social revolution. The formal abolition of untouchability was meant not merely to criminalise discrimination but to destroy its social roots. Yet Ambedkar warned in the Constituent Assembly that “political equality” without “social and economic equality” would leave democracy vulnerable to caste hierarchy’s return.

The decades following independence saw significant legislative advances—the Protection of Civil Rights Act (1955), the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (1989)—but these were accompanied by obdurate police and administrative non-application and followed by a persistent social backlash. Caste privilege adapted: open exclusion gave way to subtler forms of humiliation and violence disguised as defence of “tradition,” “honour,” or “religion.”

The post-2014 political climate added a new layer. In 1999, India had already experienced a glimpse of what was in store to come, when the National Democratic Alliance (in its first form) had the RSS-inspired Bharatiya Janata Party (BJP) only as a minority. Yet, following the 2002 Gujarat pogrom, the ghastly lynching of five Dalit men in the village of Dulina, Jhajjar district, Haryana, after being falsely accused of cow slaughter, on October 15, 2002, shook the nation. A spate of such crimes continued and were documented.[2] The complicity of the police and the alleged involvement of far right organisations like the Vishwa Hindu Parishad (VHP) was part of the details recorded.

The ascent of cultural majoritarianism, the mainstreaming of “Sanatani” rhetoric, and the weaponisation of social media have together normalised casteist discourse while weakening institutional checks. The result is not the re-emergence of caste, but its reconfiguration through new technologies, idioms, and legitimations.

The analysis of caste violence must recognise its escalating and diversifying trajectory. The attacks are no longer confined solely to remote rural pockets but have ascended a hierarchy of space and institution, moving from localised ritual control to sophisticated psychological control in urban institutions, and finally culminating in explicit political and ideological confrontation with the nation’s highest constitutional offices.

The sheer volume of reported cases underscores the crisis. According to National Crime Records Bureau (NCRB) data, in 2023, 57,789 cases of crimes against SCs were registered, a slight 0.4% increase from 57,582 cases in 2022. Looking at a wider period reveals a substantial escalation. A study by the Dalit Human Rights Defenders Network noted a 177.6% rise in crimes against SCs between 1991 and 2021.

This violence is not exclusive to villages; urban centres exhibit alarming rates. As per the statistics, Uttar Pradesh (15,130 cases) reported the highest number of crimes against SCs, followed by Rajasthan (8,449), Madhya Pradesh (8,232), and Bihar (7,064). Despite these statistics, the true incidence is severely underreported. Research suggests that only about 5% of assaults are officially recorded, often due to police indifference, bribery demands, or outright dismissal of complaints, particularly rape reports.

The structural progression of violence can be categorised across distinct spheres, illustrating the systemic nature of exclusion in the modern Republic.

Table 1: Typology of Caste Atrocities: The continuum of humiliation

Sphere of Attack Nature of Incident Primary Violation Key Snippet Examples
Rural/Traditional Denial of access (water, temple, road), economic boycott, honour killings. Ritual Purity/Social Control Touching water pot, temple entry refusal, groom riding horse, forced servitude 6
Institutional/Urban Academic harassment, administrative exclusion, workplace bias, psychological violence. Meritocracy/Dignity Student suicides (IITs/Universities), denial of administrative roles, caste slurs in AIIMS
Political/Symbolic Targeting of high-ranking officials, online hate campaigns, ritual exclusion. Constitutional Authority/Equality CJI attack, exclusion of President Murmu, casteist online abuse

 Ground Zero: Traditional sites of visceral violence (village to street)

Despite rapid urbanisation, the village remains the most enduring theatre of caste violence. In rural Madhya Pradesh, Dalit families were beaten and their seeds confiscated for cultivating common land (July 2025); in Chhatarpur, twenty families faced social boycott for accepting prasad from a Dalit neighbour (January 2025). Similar patterns appear across Uttar Pradesh, Rajasthan, and Bihar.

1. Controlling the Essentials: Land, water, and ritual space

In rural India, the primary mechanisms of caste control revolve around denying access to essential resources and ritual spaces, thereby enforcing physical and ritual segregation. Access to water, a non-negotiable human right, remains violently conditional upon caste status. The case of the 8-year-old Dalit boy in Barmer, Rajasthan, who was severely beaten and hung upside down for touching a water pot intended for upper castes, is a visceral demonstration of this control (September 2025). Similarly, the suicide of the 12-year-old Dalit boy in Himachal Pradesh was a direct consequence of humiliation for trespassing on upper-caste property (October 2025).

Ritual spaces, intended to be public, are often violently guarded to enforce untouchability. Dalits have been barred from offering prayers at a Durga Puja Pandal in Madhya Pradesh (September 2025) and violently assaulted for attempting to enter a temple during a religious procession in Churu, Rajasthan (September 2025). The Madras High Court was recently compelled to intervene and issue instructions to the Tenkasi administration regarding the equitable distribution of water due to persistent caste bias, highlighting how essential services are used as weapons of caste control (July 2025). The requirement for police to guard a Dalit wedding in Gujarat, sometimes using drones, underscores the fragility of civil rights protection when faced with entrenched local hierarchy (May 2025).

2. Policing Dalit Assertion: Rites of passage and mobility

Caste violence is inherently triggered not just by deviation from purity codes but by the assertion of equality and self-respect. This is most vividly manifest in attacks aimed at policing Dalit mobility and rites of passage, particularly wedding processions (baraats).

The act of a Dalit groom riding a horse, traditionally reserved for dominant castes, often leads to violence. Incidents across Uttar Pradesh and Rajasthan involve grooms being pulled off their horses and guests being attacked (February 2025). This violence becomes ideologically intensified when Dalit identity is asserted. In Mathura, a Dalit baraat was attacked with stones and sticks after the Thakur community objected to the playing of songs related to Dr. Ambedkar and the Jatav community (July 2025). This deliberate suppression of public visibility and self-respect confirms that the violence is preventative, aimed at suppressing any public display of Dalit parity, thereby revealing the fundamentally anti-democratic nature of caste control.

Furthermore, intimate choices that threaten the integrity of caste endogamy are met with brutal force. Honor killings and extreme violence against inter-caste relationships are widespread. A Dalit youth in Tamil Nadu was hacked to death over an inter-caste relationship, with his girlfriend implicating her own family. In another incident, a Dalit boy in Tamil Nadu was stripped, beaten, and subjected to caste slurs for meeting a Vanniyar girl. (July 2025) The alleged honour killing of a Dalit man in Pune over his marriage to a Maratha woman, characterised by his family as a caste murder, confirms that this policing of reproductive choices transcends the rural-urban divide (February 2025).

3. The geography of forced servitude and political disobedience

Economic empowerment and political participation by Dalits are routinely met with retributive violence designed to re-establish feudal control. Violence often flares up when Dalits refuse forced labour or assert their rights over agricultural resources. In Madhya Pradesh, a Dalit youth was brutally beaten and his house set ablaze for refusing to work as a labourer (August 2025). Other attacks have involved dominant caste men snatching seeds and assaulting Dalit families cultivating their land (June 2025).

The targeting extends explicitly to Dalit political empowerment. A Dalit woman Sarpanch and her husband in Rajasthan were attacked with an axe over disputes regarding MNREGA road work (June 2025). This illustrates that achieving political mobility through constitutional offices is tolerated only as long as it does not challenge the economic and social dominance of local power structures. When a Dalit woman attempts to administer public projects (MNREGA), the challenge to local caste authority is met with physical terror, fundamentally linking economic development to caste subjugation.

The Modern Crucible: Institutionalised discrimination (city to school)

Cities were once imagined as caste’s antithesis—sites of anonymity and merit. Yet attacks on Dalit wedding processions in Agra and Meerut, and stone-pelting during Ambedkar-Jayanti rallies in Rajasthan, show that urbanity merely relocates caste antagonism.

Public celebrations become battlegrounds for visibility. The sight of a Dalit groom on a horse, or the sound of Ambedkarite songs, is treated as provocation. The violence is performative: it polices who may occupy the street, who may celebrate publicly, and which forms of joy are legitimate. In several districts, local authorities have begun escorting Dalit weddings with police and drones—an image at once tragic and telling.

Urban caste violence underscores how modern citizenship collides with inherited status. It also demonstrates the selective nature of state protection: preventive deployment rather than structural reform, treating equality as an event to be managed, not a norm to be lived.

1. The Cost of Merit: Caste in elite academia

Caste discrimination has infiltrated the highest echelons of Indian society, shifting the site of exclusion from the village field to the university lecture hall, resulting in a disturbing incidence of student suicides. Elite educational institutions, far from being meritocratic safe spaces, operate under a constant atmosphere of systemic, psychological violence against marginalised students. This structural violence is enacted through ridicule, ostracism, administrative bias, and academic sabotage.

Between November and December 2025 itself, three deaths of Dalit students across India underscored the lethal intersection of caste discrimination, institutional neglect, and structural exclusion in educational spaces. On November 6, a 19-year-old Dalit student of Deshbandhu College, Delhi University, and sister of JNUSU presidential candidate Raj Ratan Rajoriya, was found dead in her Govindpuri rented flat, with BAPSA alleging grave procedural lapses by the police, absence of medical personnel and female officers, and broader “institutional apathy” by Delhi University, including its failure to provide adequate hostel accommodation for marginalised students, forcing them into unsafe and isolating housing conditions. On November 20, an 18-year-old Dalit student, S Gajini, from Government Arignar Anna Arts College in Villupuram, succumbed to injuries ten days after attempting suicide, allegedly driven by caste-based abuse and assault by men from a dominant caste following a road altercation; despite an FIR under the SC/ST Act, the accused remain unidentified. On December 12, a 17-year-old Dalit student at a DIET institute in Kurnool died by suicide after prolonged distress linked to her struggle with English-medium coursework, highlighting how language barriers, caste location, and lack of institutional academic support continue to disproportionately burden first-generation and marginalised learners.

The environment becomes hostile because of the active weaponisation of meritocracy. Dalit students are frequently taunted as “non-meritorious” or “quota products”. This psychological assault on their intellect and dignity constitutes epistemic violence, a modernised replacement for ritual pollution, turning academic spaces into sites of structural harassment.

Case studies vividly illustrate this pattern:

  • Rohith Vemula, 2016 (Hyderabad University)[3]: Vemula’s administrative exclusion, which forced him and four others to sleep in a makeshift “Dalit ghetto,” was recognised by his peers as a modern form of villevarda. While his death sparked a national political movement, the later police closure report attempted to undermine the caste-based motivation by questioning his Scheduled Caste status, thereby reinforcing the pernicious stigma of “fake merit”.
  • Darshan Solanki, 2023 (IIT Bombay)[4]: Solanki died by suicide after allegedly facing ostracisation and ridicule from peers for asking basic questions in technical subjects. The institutional response from IIT Bombay, which prematurely denied any caste discrimination before a full inquiry was completed, exemplified institutional denial and refusal to confront endemic caste bias.

This environment of toxic exclusion is responsible for widespread trauma, with reports indicating that 80% of suicides in seven IITs were committed by Dalit students. Furthermore, the bias extends beyond performance, affecting administrative representation. Ten Dalit professors at Bangalore University resigned from their administrative roles, citing discrimination. The perpetuation of this violence reveals a fundamental rigidity: caste acts as a boundary that professional success cannot breach.

Table 2: Manifestations of exclusion in educational institutions

Site of Exclusion Mechanism of Discrimination Impact (Observed Outcome) Key Snippet Examples
Academic Evaluation Deliberate failure, denial of supervisors, questioning competency. Loss of scholarship/degree, severe depression, suicide. Kota student suicide (forced failure), Senthil Kumar (Tamil Nadu), Professor denied chamber 6
Campus Environment Ostracism, subtle taunts regarding merit, use of caste slurs (e.g., AIIMS Raebareli graffiti). Alienation, internalised trauma, social segregation. Darshan Solanki/Rohith Vemula suicides, AIIMS caste slurs 6
Administrative Response Delay/failure in registering grievances, institutional denial, police closure reports. Institutional normalisation of caste bigotry, lack of accountability. IIT Bombay denial, Police closure reports (Vemula case), UGC guidelines failure 18

2. Invisible Barriers: Urban exclusion and professional glass ceilings

For Dalits who successfully navigate the hostile academic environment and achieve high professional status, the violence persists, though it adopts subtler, institutionalised forms. This reality demonstrates that economic independence does not translate into the annihilation of caste.

The suicide of Dalit IPS officer Puran Kumar, who questioned unfair promotions and postings, tragically illustrated that rank and wealth do not grant immunity; caste prejudice penetrates the highest echelons of bureaucracy (October 2025). Similarly, a Dalit Assistant Professor at SV Veterinary University was subjected to public humiliation when his chair was allegedly removed, forcing him to perform his duties while sitting on the floor (June 2025).

Discrimination is also structural in the dynamic urban private sector. Research indicates that job applicants with a Dalit name face significant discrimination, having approximately two-thirds the odds of receiving an interview compared to dominant-caste Hindu applicants with equivalent qualifications. This demonstrates that social exclusion is not a rural remnant but is actively practiced in the most modern sectors of the economy. This systemic sabotage of upward mobility means that educational and professional achievements merely shift the form of violence from physical assault to debilitating psychological and institutional harassment.

3. The digitalisation of hate and incitement

The rise of digital media has provided a new, pervasive medium for the normalisation and amplification of caste hatred. Based on a 2019 report by the human rights organisation Equality Labs, caste-based hate speech was found to make up 13% of the hate content reviewed on Facebook India. This digital sphere has facilitated the de facto normalisation of caste-hate speech and is recognised as a medium for oppressing and humiliating Dalits.

This toxic online envionment is actively utilized by right-wing extremist organisations, which have grown in prominence, sometimes using platforms like Instagram to promote hateful content and even fundraising. Major digital platforms demonstrated a historical disregard for addressing this issue, taking years to incorporate “caste” as a protected characteristic in their hate speech policies, and often failing to list it as an option in their reporting forms.

This digital rhetoric creates a climate of ideological validation that can incite physical violence. Harassment campaigns against high-profile Dalit figures, such as the Chief Justice of India, function as a coordinated form of symbolic violence intended to normalise the rejection of constitutional equality and test the boundaries of legal impunity.

The Politicalisation of Caste Warfare: The current regime context

Beyond violence lies symbolic appropriation. Dalit culture—its festivals, songs, and icons—is increasingly commodified or sanitised within a homogenised “Sanatani” narrative. The exclusion of India’s tribal President from the Ram Mandir inauguration exemplifies this politics of selective inclusion: representation without recognition.

In West Bengal, the “vegetarianisation” of Durga Puja since 2019 reflects a subtler transformation. Non-Sanatani groups, including many Dalit and Bahujan communities, are labelled “non-sattvic,” their rituals cast as impure. This recoding of religiosity transforms caste into cultural hierarchy.

At the same time, Ambedkar’s image is everywhere—on posters, statues, and government programmes—yet his emancipatory thought is domesticated. The appropriation of Ambedkar without the politics of equality amounts to symbolic capture: a neutralised memory that conceals continuing oppression.

Cultural exclusion thus performs two contradictory gestures—erasure and incorporation—both of which depoliticise Dalit assertion while reaffirming upper-caste control over meaning.

1. The Rise of Neo-Traditionalism: Sanatana dharma and exclusion

The period following 2014 has been marked by a significant ideological shift, where the ruling party’s emphasis on Hindu nationalism has provided an explicit political and cultural sanction for traditional caste principles. The concept of Sanatana Dharma has become a central ideological tool. Critics argue that this philosophy inherently justifies and maintains the rigid caste hierarchy, contrasting sharply with the constitutional ideals of liberty and equality. Any critique of caste discrimination, such as those made by Udhayanidhi Stalin regarding the system prevalent in Sanatana Dharma, is immediately framed by the dominant political ecosystem as an attack on Hinduism, aimed at polarising the electorate.

This ideological polarisation was directly responsible for the attempted shoe attack on Chief Justice B.R. Gavai (October 2025). The attacker, Rakesh Kishore, specifically shouted, “Sanatan ka apmaan nahi sahenge” (We will not tolerate the insult of Sanatan Dharma). This action linked a perceived anti-Hindu judicial stance (related to the Khajuraho deity ruling) directly to the caste identity of the judge. The incident functioned as an ideological declaration: constitutional morality, when used by a Dalit judge to challenge majoritarian religious claims, is deemed an “insult” that must be violently resisted, placing religious tradition above constitutional law.

2. Selective appropriation of Ambedkar and Hindutva strategy

The Rashtriya Swayamsevak Sangh (RSS) and its political affiliates have engaged in a sustained and deliberate political strategy to appropriate the legacy of Dr. B.R. Ambedkar, primarily to secure electoral gains and neutralise the profound ideological threat his philosophy poses to the foundational principles of Hindutva.

This strategy involves selectively invoking aspects of Ambedkar’s life, such as his conversion to Buddhism, while simultaneously minimising or ignoring his radical denunciation of Hinduism as being incompatible with democratic values. The attempt is to portray Ambedkar as a “Hindu social reformer” rather than a foundational critic of the caste system, thereby drawing Dalit politics into a unified, but hierarchical, “Hindu” fold. This co-option strategy is further highlighted by political attempts to link Ambedkar to RSS founders, despite historical evidence to the contrary.

The tactical use of Ambedkar’s image is often contradicted by ground realities. For instance, symbolic gestures are performed alongside reported policy failures, such as the denial of scholarships to 3,500 Dalit students in Uttar Pradesh, forcing public condemnation from Dalit leaders (June 2025). This gap between rhetoric and action confirms that the strategy is one of symbolic integration designed to neutralise dissent, rather than a genuine commitment to substantive social justice.

3. Symbolic constitutional exclusion

The pattern of exclusion extends to high constitutional functionaries from marginalised communities. The noticeable absence of President Droupadi Murmu, an Adivasi (Scheduled Tribe) and the constitutional head of state, from the inauguration of the highly politicised Ram Mandir in Ayodhya was widely criticised by opposition leaders, who connected it to her earlier exclusion from the Parliament building inauguration.

Although President Murmu belongs to the Adivasi community, the incident forms part of a larger pattern of ritual exclusion of marginalised constitutional authorities from highly faith-based state functions. The event, serving as a defining moment for the new majoritarian ideology, suggests a reordering of constitutional hierarchy. The exclusion of the head of state, particularly one from a marginalised background, implies that ritual purity and majoritarian religious identity are positioned to supersede constitutional hierarchy and the democratic principle of representation.

The Assault on the Constitutional Apex: Targeting the judiciary

1. The CJI Incident: From judicial remark to caste attack

The attempted shoe attack on Chief Justice of India B.R. Gavai stands as the most explicit act of caste-based political defiance directed at the core institutions of the Republic. The violence was ideologically motivated, following the CJI’s remarks during a hearing about a Vishnu idol in Khajuraho.

The caste dimension was immediately clear. The ideological defence of the attacker, Rakesh Kishore, who invoked Sanatan Dharma, and the support of influential right-wing figures like YouTuber Ajeet Bharti, who called Gavai a “lousy, undeserving judge” and accused him of “anti-Hindu sentiments”, establishes a crucial political point. The attack was not aimed at judicial competence but at the perceived “anti-Sanatan” judicial decision, rooted in the judge’s Dalit identity. This confrontation establishes that challenging ritual caste authority through constitutional interpretation is now publicly deemed an act of ideological treason.

2. Impunity and state response

The response of the state apparatus to the assault and subsequent incitement has set a dangerous precedent of selective justice. The attacker, Rakesh Kishore, was released shortly after questioning because the CJI declined to press charges. Kishore subsequently expressed no remorse for his actions.

Crucially, those who digitally incited further violence were also handled with remarkable leniency. YouTuber Ajeet Bharti, who made provocative remarks about the CJI and allegedly suggested actions such as spitting on the judge, was briefly taken in for questioning by Noida Police but was not arrested and was later released.

This lenient approach towards both the physical attacker and the digital instigator demonstrates a deep political hesitation to punish ideologically driven attacks rooted in majoritarian caste sentiment, even when directed at the highest judicial authority. This establishes a political environment that minimises the gravity of such threats, potentially intimidating the judiciary and compromising its ability to enforce social justice laws without fear of retribution.

Gendered Violence and Custodial Deaths: The deepest layer of impunity

Caste and gender intersect to produce some of India’s most brutal crimes. Dalit women continue to face disproportionate sexual violence, often as retribution for asserting dignity or property rights. Cases from Uttar Pradesh’s Sitapur district (2023) and Madhya Pradesh’s Sidhi forest region (2024) illustrate patterns where rape is both punishment and warning.

Custodial deaths compound the pattern. Dalit men arrested on minor charges have died in custody under suspicious circumstances, their families alleging torture. Investigations are often perfunctory, medical reports delayed, and officers reinstated. Such cases demonstrate how state power fuses with social prejudice, converting constitutional guardians into instruments of caste discipline.

The intersection of caste and gender is absent from mainstream criminal jurisprudence. The law individualises crime; caste violence is collective. Without recognising this collective dimension, justice remains procedural rather than transformative.

Regional Patterns: The southern paradox

Contrary to common perception, official data and recent reportage show high incidence of atrocities in southern states—Tamil Nadu, Andhra Pradesh, Karnataka, and Kerala—regions long celebrated for social reform. The Thoothukudi incident (2023) and the string of attacks in Tirunelveli district (over 1,000 cases in five years) reveal both persistence and visibility.

This “southern paradox” has sociological roots: assertive Dalit movements and higher reporting rates coexist with dominant-caste backlash. Greater literacy and media presence ensure documentation but not necessarily deterrence. The violence is thus both a measure of progress (assertion) and of resistance (repression).

The Post-2014 Inflection: Normalisation and silence

The last decade marks a qualitative shift. Three developments stand out:

  1. Cultural majoritarianism: The language of “Sanatan Dharma” has become a political grammar through which caste is re-inscribed as divine order. Public discourse valorises hierarchy as heritage.
  2. Digital propagation: Organised online ecosystems amplify caste-coded slurs and mobilise outrage with unprecedented speed.
  3. Institutional silence: From police stations to ministries, selective inertia signals tacit endorsement. Silence becomes policy.

This triad—rhetoric, technology, and silence—has rendered caste violence socially negotiable. The constitutional ethos of equality competes with a cultural ethos of graded dignity.

The Constitutional Abyss: Implications for the Indian republic

1. The Failure of the SC/ST (PoA) Act: Legal protections as fiction

The rampant escalation of violence highlights the systemic failure of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act). Designed as a potent legal shield, the Act is continually undermined by institutional resistance and poor enforcement, leading to low conviction rates.[5]

Police inaction is endemic; research documents the prevalent practice of police failing to register FIRs or prematurely closing cases through “Final Reports”. Despite the Supreme Court’s, clear directive that FIR registration is mandatory for cognizable offenses, police show a “differential stance” on enforcing the PoA Act compared to other statutes, demonstrating systemic bias in justice delivery.

Moreover, the state apparatus frequently operates as an agent of caste oppression. Incidents include police custody deaths of Dalit individuals, police brutality against a Dalit woman in Haryana, and officers being booked for assaulting a retired Dalit official. This pattern demonstrates that the constitutional mandate to protect Dalits is often betrayed by the very instruments of state power, rendering legal protections fictional.

The SC/ST (Prevention of Atrocities) Act 1989 and its 2015 Amendment remain India’s most potent instruments against caste violence, yet enforcement deficits persist. The act mandates immediate FIR registration, establishment of special courts, and protection of victims. Ground reports show chronic under-registration, downgrading of charges, and police bias.

Judicial interpretation oscillates between protection and dilution. The Supreme Court’s 2018 Subhash Kashinath Mahajan judgment introduced safeguards against “false cases,” effectively softening arrest provisions until partially reversed by Parliament. This episode revealed how institutional anxiety about misuse can overshadow concern for victims’ safety.

At stake is not merely criminal justice but constitutional morality—Ambedkar’s phrase for the ethical framework that must animate state action. When police or courts treat caste violence as routine, they erode that morality. The Republic then survives in form but not in substance.

2. The conceptual meaning of exclusion and humiliation

The pervasive violence is structurally maintained through exclusion, which is the combined outcome of deliberate deprivation and systemic discrimination, preventing Dalits from exercising full economic, social, and political rights.

Humiliation serves as a continuous psychological weapon, seeking to deny the basic humanity of the Dalit individual and enforce ritual hierarchy. Whether through being stripped and beaten, forced into humiliating acts, or subjected to taunts questioning their merit, the goal remains the denial of constitutional dignity. Dr. Ambedkar’s formulation established that democracy requires the foundational principles of liberty, equality, and fraternity. The evidence suggests that when Dalits attempt to live a democratic life—by asserting social equality (riding a horse), achieving academic merit (joining an elite institution), or claiming high constitutional office (CJI)—they are met with structural violence and, frequently, death. This structural opposition confirms that the traditional social order fundamentally rejects the core ethical commitments of the Indian Constitutional Republic.

Conclusion: Safeguarding constitutional morality

Philosophers from Avishai Margalit to Axel Honneth define humiliation as the denial of recognition essential to personhood. Caste violence operates precisely through such denial. Its power lies not only in inflicting pain but in publicly authorising inequality. When a Dalit child is beaten for entering a temple, or when a Chief Justice is abused online, the message is continuous: certain bodies remain conditional citizens. Humiliation thus functions as pedagogy—teaching both victim and perpetrator the limits of equality. To counter it requires more than punishment; it requires re-socialisation—a transformation of cultural consciousness that law alone cannot produce.

The investigation into the hierarchy of attacks against Dalits, tracing the violence from ritual control in the village to ideological confrontation at the highest constitutional levels, confirms a severe crisis of constitutional morality in India. The nature of caste warfare has transitioned from covert rural brutality to overt, high-profile ideological confrontations in the urban and judicial spheres. This escalation is profoundly enabled by a political climate that prioritises majoritarian traditionalism over the egalitarian principles of the Constitution. The targeting of a Dalit Chief Justice, sanctioned by ideological rhetoric and met with institutional leniency, signifies that the foundational democratic tenet of equality is now under explicit, active threat.

To address this existential challenge, a set of structural and policy reforms is necessary to transform nominal guarantees into substantive equality:

  1. Mandatory and independent police accountability: Legislation must be introduced to mandate the immediate and unconditional registration of FIRs under the SC/ST (Prevention of Atrocities) Act for all cognizable offenses, coupled with the establishment of independent police accountability commissions with the authority to prosecute officers who violate or fail to enforce the Act.
  2. Criminalising institutional caste bias: Stringent anti-discrimination laws, backed by criminal penalties, must be implemented across all educational, corporate, and governmental institutions to address structural and psychological harassment, ending the systemic institutional denial of caste discrimination.
  3. Digital accountability for incitement: Robust legal and regulatory measures are necessary to hold social media platforms accountable for the unchecked proliferation of caste-based hate speech and the incitement of violence, recognising it as a direct threat to public order and democratic principles.

The escalation of caste violence against Dalits—from the exclusion of a child from water access to the political assault on the Chief Justice—is a gauge of the Republic’s health. If the judiciary cannot be protected from attacks based on the caste identity of its leader, the entire legal and democratic framework built to secure social justice stands compromised.

More than seventy-five years after independence, the Indian Republic stands at a moral crossroads. Formally, it is a constitutional democracy; substantively, it remains stratified by caste. The incidents chronicled in 2025 itsef—stretching from rural Madhya Pradesh to the Supreme Court’s digital corridors—suggest not an aberration but a continuum.

The question is therefore not whether caste survives, but how the state and society have adapted to its survival. The new architecture of attacks—spanning villages, cities, institutions, and cyberspace—reveals that violence and exclusion now coexist comfortably with democratic form.

Ambedkar warned that “Democracy in India is only a top-dressing on an Indian soil which is essentially undemocratic.” The task ahead is to deepen the soil—to cultivate a culture where dignity is not negotiable, where equality is not episodic, and where the law’s promise finally becomes social reality. Until then, every assault on a Dalit body, image, or word remains an assault on the Constitution itself.

 

References

Indian colleges are hotbeds of casteism. How can they do better? – The News Minute https://www.thenewsminute.com/news/indian-colleges-are-hotbeds-casteism-how-can-they-do-better-176683

Caste and the Dalits: An Introduction – Global Ministries https://www.globalministries.org/resource/caste-and-the-dalits-an-introduction/

A clash of ideologies: Why Ambedkar and Hindutva are poles apart – The Polity https://thepolity.co.in/article/173

Hate Speech against Dalits on Social Media – Brandeis Library Open Access Journals https://journals.library.brandeis.edu/index.php/caste/article/download/260/61/1048

View of Hate Speech against Dalits on Social Media: Would a Penny Sparrow be Prosecuted in India for Online Hate Speech? https://journals.library.brandeis.edu/index.php/caste/article/view/260/61

Caste-hate speech – International Dalit Solidarity Network
https://idsn.org/wp-content/uploads/2021/03/Caste-hate-speech-report-IDSN-2021.pdf

Atrocities on Dalits in Contemporary India Even After 75 Years of Indian Independence https://ijfans.org/uploads/paper/5af7bf7ae1851636fe726333533b1c8b.pdf

Dalit scholar’s protest exposes casteism in India’s higher education – FairPlanet https://www.fairplanet.org/story/dalit-scholars-protest-exposes-casteism-in-indias-higher-education/

IIT-Bombay Dalit student death | Senior says Darshan Solanki felt alienated by roommate, https://www.thehindu.com/news/national/iit-bombay-dalit-student-death-senior-says-darshan-solanki-felt-alienated-by-roommate/article66611752.ece

Attack on CJI: Union MoS Athawale seeks SC/ST Act charges as BJP does a tightrope walk https://indianexpress.com/article/political-pulse/shoe-attack-cji-mos-athawale-sc-st-act-bjp-10298249/

Ram Mandir Invitation: NCP Leader Raises Concerns about Draupadi Murmu’s Exclusion,

https://www.epw.in/engage/article/rohith-vemula-foregrounding-caste-oppression#:~:text=Between%202016%20and%202021%20itself,death%20sparked%20a%20political%20movement.

Rohith Vemula: Foregrounding Caste Oppression in Indian Higher Education Institutions, https://www.epw.in/engage/article/rohith-vemula-foregrounding-caste-oppression

IIT Student Suicides: Curse Of Caste On Campus? | Left, Right & Centre – YouTube, https://www.youtube.com/watch?v=fhDhIhQiRWQ

How many lives will it take before India acknowledges dominant caste hegemony in educational institutes? – Citizens for Justice and Peace
https://cjp.org.in/how-many-lives-will-it-take-before-india-acknowledges-dominant-caste-hegemony-in-educational-institutes/

India’s caste system: ‘They are trying to erase dalit history. This is a martyrdom, a sacrifice’ https://www.theguardian.com/world/2016/jan/24/student-suicide-untouchables-stuggle-for-justice-india

Suicide by Dalit students in 4 years – The Hindu https://www.thehindu.com/news/cities/Madurai/suicide-by-dalit-students-in-4-years/article2425965.ece

Unveiling The Tragic Link: Caste Discrimination And Suicides In Higher Education https://theprobe.in/stories/unveiling-the-tragic-link-caste-discrimination-and-suicides-in-higher-education/

Urban Labour Market Discrimination – GSDRC
https://gsdrc.org/document-library/urban-labour-market-discrimination/

Indian women, Dalits, Adivasis, Muslims face discrimination in earnings and jobs: Oxfam report https://www.newindianexpress.com/nation/2022/Sep/15/indian-women-dalits-adivasis-muslims-face-discrimination-in-earnings-and-jobs-oxfam-report-2498476.html

An Introduction to Right-Wing Extremism in India – ScholarWorks at UMass Boston, https://scholarworks.umb.edu/cgi/viewcontent.cgi?article=1809&context=nejpp

For far-right groups in India, Instagram has become a place to promote violence, report shows – PBS
https://www.pbs.org/newshour/world/for-far-right-groups-in-india-instagram-has-become-a-place-to-promote-violence-report-shows

Online caste-hate speech: Pervasive discrimination and humiliation on social media, https://teaching.globalfreedomofexpression.columbia.edu/resources/online-caste-hate-speech-pervasive-discrimination-and-humiliation-social-media

Udayanidhi Stalin’s Critique of Sanatana Dharma – Two Articles – Janata Weekly
https://janataweekly.org/udayanidhi-stalins-critique-of-sanatana-dharma-two-articles/

The Eternal Discrimination Of Sanatana Dharma – Madras Courier, https://madrascourier.com/opinion/the-eternal-discrimination-of-sanatana-dharma/

Dr.Ambedkar, Sanatan Dharma and Dalit Politics – Countercurrents, https://countercurrents.org/2023/09/dr-ambedkar-sanatan-dharma-and-dalit-politics/

(PDF) The attack on the CJI and the shadow of caste – ResearchGate https://www.researchgate.net/publication/396310357_The_attack_on_the_CJI_and_the_shadow_of_caste

Right-wing influencer Ajeet Bharti faces scrutiny online after ‘shoe attack’ on CJI Gavai, https://www.hindustantimes.com/india-news/after-shoe-attack-on-cji-right-wing-youtuber-ajeet-bharti-faces-scrutiny-online-101759830247046.html

RSS and Ambedkar: A Camaraderie That Never Existed – Janata Weekly, https://janataweekly.org/rss-and-ambedkar-a-camaraderie-that-never-existed/

From criticism to praise: How RSS changed stance on Ambedkar – Deccan Herald, https://www.deccanherald.com/india/from-criticism-to-praise-how-rss-changed-stance-on-ambedkar-3492843

Appropriating Ambedkar: Effort to merge Left and Ambedkarite politics – The Hindu, https://www.thehindu.com/opinion/lead/appropriating-ambedkar-effort-to-merge-left-and-ambedkarite-politics/article8500076.ece

RSS At 100 And The Philosophy Of A Nation’s Unmaking – OpEd – Eurasia Review, https://www.eurasiareview.com/08102025-rss-at-100-and-the-philosophy-of-a-nations-unmaking-oped/

Who Is Ajeet Bharti? YouTuber Questioned After Controversial Comments On CJI Shoe Attack https://zeenews.india.com/india/who-is-ajeet-bharti-youtuber-questioned-after-controversial-comments-on-cji-shoe-attack-2969348.html

Why did Noida Police question Ajeet Bharti? What he commented on CJI BR Gavai after ‘shoe attack’ | Latest News India – Hindustan Times
https://www.hindustantimes.com/india-news/why-did-noida-police-question-ajeet-bharti-what-he-commented-on-cji-br-gavai-after-shoe-attack-101759894807122.html

Prof Abhay Dubey on Ajit Bharti Arrested for Inciting Violence Against CJI Gavai after Shoes Hurled – YouTube
https://www.youtube.com/watch?v=DqpJ8s7HZhk

YouTuber Ajeet Bharti Taken in for Questioning After Remarks on CJI Shoe Incident, Released Later – LawBeat
https://lawbeat.in/news-updates/youtuber-ajeet-bharti-taken-in-for-questioning-after-remarks-on-cji-shoe-incident-released-later-1533340

‘Final Reports’ under Sec-498A and the SC/ST Atrocities Act | Economic and Political Weekly, https://www.epw.in/journal/2014/41/commentary/final-reports-under-sec-498a-and-scst-atrocities-act.html

Dalits and Social Exclusion: An Overview – International Journal of Science and Research (IJSR)
https://www.ijsr.net/archive/v8i7/ART20199584.pdf

India Exclusion Report 2013-2014 – Selected caste extracts
https://idsn.org/wp-content/uploads/2014/12/India-Exclusion-Report-2013-Selected-caste-extracts.pdf

The Death of a Dalit in a Democracy – Caste – The India Forum, https://www.theindiaforum.in/caste/death-dalit-democracy

[1] This body of work is also a major source for stories and protest songs (Qawwali) that focus on anti-caste movements and give voice to Dalit struggles wherein the broom and pot would be consistent imagery for this protest tradition.

[2] https://www.hrw.org/reports/2007/india0207/6.htm; https://frontline.thehindu.com/social-issues/article30193600.ece#:~:text=IN%20one%20of%20the%20most,presence%20of%20scores%20of%20onlookers.

[3] https://indianexpress.com/article/opinion/columns/we-all-failed-rohith/

[4] https://cjp.org.in/iit-mumbai-report-on-darshan-solanki-death-crucial-evidence-overlooked/

[5] https://sabrang.com/cc/archive/2005/mar05/cover.html

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50,000 strong Adivasi, farmers march from Charoti to Palghar, hold indefinite dharna for land rights https://sabrangindia.in/50000-strong-adivasi-farmers-march-from-charoti-to-palghar-hold-indefinite-dharna-for-land-rights/ Wed, 21 Jan 2026 05:10:31 +0000 https://sabrangindia.in/?p=45541 The CPI (M)-led massive long march from Charoti to Palghar in Maharashtra ended with a dharna at the Collector’s office, Palghar

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Demanding community ownership rights under the Forest Rights Act, 2006 and restitution of the Mahatma Gandhi Rural Employment programme (MNREGA), 50,000 women Adivasi and other farmers have been marching from Charoti to Palghar in Maharashtra with their demands. The key demands of this March are as follows: Rigorous implementation of the Forest Rights Act; Vesting of all temple, inaam and govt land in the name of the tillers; Restoration of MNREGA; cancellation of the Smart Metre scheme; Implementation of PESA; Repeal of the Labour Codes; Cancellation of the Wadhwan and Murbe Ports in the Dahanu coastal region; Water for drinking and irrigation; Increased facilities for education, employment, ration, health, and among others.

Protesters are mostly from the tribal communities of Palghar district. They had started their trek towards the collectorate, demanding better implementation of land rights, reinstatement of the MGNREGA, cancellation of the Vadhavan port and availability of water for drinking and irrigation purposes, among others. Accompanied by protest songs on microphones, striding purposefully with CPI-M flags and banners, chanting slogans, protesters reached the Collectorate office of Palghar on the evening of January 20, where they plan to camp until their demands are met – the most longstanding of which is the enforcement of land rights. Adivasis have been tilling forest and grazing land for centuries but still don’t own the plots they cultivate.

The Forest Rights Act, 2006, vests forest land and resource rights in Scheduled Tribes and other traditional forest dwellers who have resided in such areas for generations. Gram sabhas initiate claims, verified through sub-divisional and district committees, protecting dwellers from eviction until their rights are settled. But most of the tribal farmers at the rally have not had their claims approved. The last time that farmers marched in their thousands was from Nashik to Azad Maidan in Mumbai, a stretch of 180 kilometres with several marchers barefoot.

Mass organisations All India Kisan Sabha (AIKS), Centre of Indian Trade Unions (CITU), All India Democratic Women’s Association (AIDWA), Democratic Youth Federation of India (DYFI) and Student’s Federation of India (SFI) and Adivasi Adhikar Rashtriya Manch (AARM) have also joined this March in huge numbers. Beginning the long walk on January 19, the marchers have reached the Palghar Collectorate where they were denied permission for the dharna inside the Collectorate. Undettered they have begun the indefinite protests outside.

Citizens for Justice and Peace has long analysed national and international law on Farmers Rights. Some of these may be read here and here.

The March is being led by CPI (M) Polit Bureau member and AIKS National President Dr Ashok Dhawale, Polit Bureau member and AIDWA National General Secretary Mariam Dhawale, Central Committee member, state secretary and AIKS National Joint Secretary Dr Ajit Nawale, Central Committee member and CITU State Secretary Vinod Nikole, two-term MLA from Dahanu, State Secretariat member and AARM State Convenor Kiran Gahala, and many others. Later CPI (M) Polit Bureau member and AIKS National General Secretary Vijoo Krishnan also joined the March.

According to Palghar Police officials, as reported in The Hindu, around 30,000 protesters joined the long march. The demands include full implementation of the Forest Rights Act, the Panchayats Extension to Scheduled Areas Act PESA, revival of the Jal Jeevan Mission scheme to provide work, cancellation of the smart meter scheme, appointment to all the vacant posts in the government service of Palghar district, providing the benefits of the Gharkul scheme, and cancellation of the development of Vadhavan and Murbe ports.

CPI (M)’s women wing State secretary Prachi Hatiwlekar told the newspaper, “This struggle is age-old, starting from bonded labour to now working for long pending issue of land ownership transfer. Central government is only trying to dilute the Forest Rights Act.”

The protesters are also articulate and vocal against the smart metres, media reports indicate. They want that the government reinstall old meters and instruct their officials not to impose smart meters. Maharashtra State Electricity Distribution Company Limited (MSEDCL) rolled out the smart meters in 2021, which automatically record real-time power consumption and send the data to the electricity distribution company. However, the device has been criticised for bill hike, no consent for installation, and poor awareness about tariff changes.

Read this story on smart metres here

The protest shows discontent among tribal communities over land ownership, large infrastructure projects in the district and changes to MGNREGA. All the protesters unanimously reiterated that unless and until “we don’t get all our papers stamped, we won’t go home”.

Related:

Kisan Long March ends with Fresh Promises to Farmers

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Love-Letters like no other https://sabrangindia.in/love-letters-like-no-other/ Sat, 03 Jan 2026 11:59:51 +0000 http://localhost/sabrangv4/2023/01/03/love-letters-no-other/ From India‘s Forgotten Feminist,  Savitribai Phule to life partner Jyotiba

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First Published On: January 3, 2016

Savitribai Phule and Jyotiba Phule

On January 3, 1831, 176 years ago Savitribai Phule, arguably India’s first woman teacher and forgotten liberator was born. With the first school for girls from different castes that she set up in Bhidewada, Pune (the seat of Brahmanism) Krantijyoti Savitribai as she is reverentially known, by the Indian Bahujan movement, blazed a revolutionary trial. There have been consistent demands to observe January 3 as Teachers Day. Without her, Indian women would not have had the benefits of education.

To mark the memory of this remarkable woman we bring to you her letters to life partner Jyotiba. Jyotiba and Savitribai were Comrades in Arms in their struggle against the emancipation of India’s disenfranchised people.

Translated from the Original Marathi with an introduction Sunil Sardar Reproduced here are the English translation of three important Letters – (originally in Marathi and published in MG Mali’s edition of her collected works, Savitribai Phule Samagra Wangmaya) – that Savitribai wrote to her husband Jyotiba in a span of 20 years.

The letters are significant as they write of the wider concerns that drove this couple, the emancipation of the most deprived segments of society and the struggle to attain for them, full human dignity and freedom.

This vision for a new and liberated society – free from ignorance, bigotry, deprivation, and hunger – was the thread that bonded the couple, arching from the private to the personal.

Theirs was a relationship of deep and shared concerns, each providing strength to the other. When large sections of 19th century Maharashtrian society was ranged against Phule’s reconstructive radicalism, it was the unfailing and shared vision and dedication of his life partner that needs have been emotionally sustaining.  In our tribute to this couple and the tradition of radical questioning that they harboured, we bring to our readers these letters.

1856. The first letter, written in 1856, speaks about the core issue: education and its transformative possibilities in a society where learning, had for centuries been the monopoly of the Brahmins; who, in turn, used this exclusive privilege to enclave, demoralize and oppress. Away at her parental home to recuperate from an illness, Savitri describes in the letter a conversation with her brother, who is uncomfortable with the couple’s radicalism.

October 1856
The Embodiment of Truth, My Lord Jyotiba,
Savitri salutes you!

After so many vicissitudes, now it seems my health has been fully restored. My brother worked so hard and nursed me so well through my sickness. His service and devotion shows how loving he really is! I will come to Pune as soon as I get perfectly well. Please do not worry about me. I know my absence causes Fatima so much trouble but I am sure she will understand and won’t grumble.

As we were talking one day, my brother said, “You and your husband have rightly been excommunicated because both of you serve the untouchables (Mahars and Mangs). The untouchables are fallen people and by helping them you are bringing a bad name to our family. That is why, I tell you to behave according to the customs of our caste and obey the dictates of the Brahmans.” Mother was so disturbed by this brash talk of my brother.

Though my brother is a good soul he is extremely narrow-minded and so he did not hesitate to bitterly criticize and reproach us. My mother did not reprimand him but tried instead to bring him to his senses, “God has given you a beautiful tongue but it is no good to misuse it so!” I defended our social work and tried to dispel his misgivings. I told him, “Brother, your mind is narrow, and the Brahmans’ teaching has made it worse. Animals like goats and cows are not untouchable for you, you lovingly touch them. You catch poisonous snakes on the day of the snake-festival and feed them milk. But you consider Mahars and Mangs, who are as human as you and I, untouchables. Can you give me any reason for this? When the Brahmans perform their religious duties in their holy clothes, they consider you also impure and untouchable, they are afraid that your touch will pollute them. They don’t treat you differently than the Mahars.” When my brother heard this, he turned red in the face, but then he asked me, “Why do you teach those Mahars and Mangs? People abuse you because you teach the untouchables. I cannot bear it when people abuse and create trouble for you for doing that. I cannot tolerate such insults.” I told him what the (teaching of) English had been doing for the people. I said, “The lack of learning is nothing but gross bestiality. It is through the acquisition of knowledge that (he) loses his lower status and achieves the higher one. My husband is a god-like man. He is beyond comparison in this world, nobody can equal him. He thinks the Untouchables must learn and attain freedom. He confronts the Brahmans and fights with them to ensure Teaching and Learning for the Untouchables because he believes that they are human beings like other and they should live as dignified humans. For this they must be educated. I also teach them for the same reason. What is wrong with that? Yes, we both teach girls, women, Mangs and Mahars. The Brahmans are upset because they believe this will create problems for them. That is why they oppose us and chant the mantra that it is against our religion. They revile and castigate us and poison the minds of even good people like you.

“You surely remember that the British Government had organised a function to honour my husband for his great work. His felicitation caused these vile people much heartburn. Let me tell you that my husband does not merely invoke God’s name and participate in pilgrimages like you. He is actually doing God’s own work. And I assist him in that. I enjoy doing this work. I get immeasurable joy by doing such service. Moreover, it also shows the heights and horizons to which a human being can reach out.”

Mother and brother were listening to me intently. My brother finally came around, repented for what he had said and asked for forgiveness. Mother said, “Savitri, your tongue must be speaking God’s own words. We are blessed by your words of wisdom.” Such appreciation from my mother and brother gladdened my heart. From this you can imagine that there are many idiots here, as in Pune, who poison people’s minds and spread canards against us. But why should we fear them and leave this noble cause that we have undertaken? It would be better to engage with the work instead. We shall overcome and success will be ours in the future. The future belongs to us.

What more could I write?

With humble regards,

Yours,

Savitri

The Poetess in Savitribai

The year 1854 was important as Savitribai published her collection of poems, called Kabya Phule (Poetry’s Blossoms).
Bavan Kashi Subodh Ratnakar (The Ocean of Pure Gems), another collection of what has come to be highly regarded in the world of Marathi poetry was published in 1891. (The Phules had developed a devastating critique of the Brahman interpretation of Marathi history in the ancient and medieval periods. He portrayed the Peshwa rulers, later overthrown by the British, as decadent and oppressive, and Savitribai reiterates those themes in her biography.)
Apart from these two collections, four of Jyotiba’s speeches on Indian History were edited for publication by Savitribai. A few of her own speeches were also published in 1892. Savitribai’s correspondence is also remarkable because they give us an insight into her own life and into the life and lived experiences of women of the time.

1868. The Second letter is about a great social taboo – a love affair between a Brahman boy and an Untouchable girl; the cruel behavior of the ‘enraged’ villagers and how Savitribai stepped in. This intervention saves the lives of the lovers and she sends them away to the safety and caring support of her husband, Jyotiba. With the malevolent reality of honour killings in the India of 2016 and the hate-driven propaganda around ‘love jehad’ this letter is ever so relevant today.

29 August 1868
Naigaon, Peta Khandala
Satara
The Embodiment of Truth, My Lord Jotiba,
Savitri salutes you!

I received your letter. We are fine here. I will come by the fifth of next month. Do not worry on this count. Meanwhile, a strange thing happened here. The story goes like this. One Ganesh, a Brahman, would go around villages, performing religious rites and telling people their fortunes. This was his bread and butter. Ganesh and a teenage girl named Sharja who is from the Mahar (untouchable) community fell in love. She was six months pregnant when people came to know about this affair. The enraged people caught them, and paraded them through the village, threatening to bump them off.

I came to know about their murderous plan. I rushed to the spot and scared them away, pointing out the grave consequences of killing the lovers under the British law. They changed their mind after listening to me.

Sadubhau angrily said that the wily Brahman boy and the untouchable girl should leave the village. Both the victims agreed to this. My intervention saved the couple who gratefully fell at my feet and started crying. Somehow I consoled and pacified them. Now I am sending both of them to you. What else to write?
Yours
Savitri

1877. The last letter, written in 1877, is a heart-rending account of a famine that devastated western Maharashtra. People and animals were dying. Savitri and other Satyashodhak volunteers were doing their best to help. The letter brings out an intrepid Savitri leading a team of dedicated Satyashodhaks striving to overcome a further exacerbation of the tragedy by moneylenders’ trying to benefit.  She meets the local District administration. The letter ends on a poignant note where Savitribai reiterates her total commitment to her the humanitarian work pioneered by the Phules.

20 April, 1877
Otur, Junner
The Embodiment of Truth, My Lord Jyotiba,
Savitri salutes you!
The year 1876 has gone, but the famine has not – it stays in most horrendous forms here. The people are dying. The animals are dying, falling on the ground. There is severe scarcity of food. No fodder for animals. The people are forced to leave their villages. Some are selling their children, their young girls, and leaving the villages. Rivers, brooks and tanks have completely dried up – no water to drink. Trees are dying – no leaves on trees. Barren land is cracked everywhere. The sun is scorching – blistering. The people crying for food and water are falling on the ground to die. Some are eating poisonous fruits, and drinking their own urine to quench their thirst. They cry for food and drink, and then they die.

Our Satyashodhak volunteers have formed committees to provide food and other life-saving material to the people in need. They have formed relief squads.
Brother Kondaj and his wife Umabai are taking good care of me. Otur’s Shastri, Ganapati Sakharan, Dumbare Patil, and others are planning to visit you. It would be better if you come from Satara to Otur and then go to Ahmednagar.

You may remember R.B. Krishnaji Pant and Laxman Shastri. They travelled with me to the affected area and gave some monetary help to the victims.

The moneylenders are viciously exploiting the situation. Bad things are taking place as a result of this famine. Riots are breaking out. The Collector heard of this and came to ease the situation. He deployed the white police officers, and tried to bring the situation under control. Fifty Satyasholdhaks were rounded up. The Collector invited me for a talk. I asked the Collector why the good volunteers had been framed with false charges and arrested without any rhyme or reason. I asked him to release them immediately. The Collector was quite decent and unbiased. He shouted at the white soldiers, “Do the Patil farmers rob? Set them free.” The Collector was moved by the people’s plights. He immediately sent four bullock cartloads of (jowar) food.

You have started the benevolent and welfare work for the poor and the needy. I also want to carry my share of the responsibility. I assure you I will always help you. I wish the godly work will be helped by more people.

I do not want to write more.
Yours,
Savitri

(These letters have been excerpted with grateful thanks from A Forgotten Liberator, The Life and Struggle of Savitrabai Phule, Edited by Braj Ranjan Mani, Pamela Sardar)

Bibliography:

Krantijyoti : Revolutionary flame
Brahmans: Priestly “upper” caste with a powerful hold on all fairs of society and state including access to education, resources and mobility (spelt interchangeably as Brahmins)
Mahars:The Mahar is an Indian Caste, found largely in the state of Maharashtra, where they compromise 10% of the population, and neighboring areas. Most of the Mahar community followed social reformer B. R. Ambedkar in converting to Buddhism in the middle of the 20th century.
Mangs: The Mang (or Matang -Minimadig in Gujarat and Rajasthan) community is an Indian caste historically associated with low-status or ritually impure professions such as village musicians, cattle castraters, leather curers, midwives, hangmen, undertakers. Today they are listed as a Scheduled Castes a term which has replaced the former the derogatory ‘Untouchable’
Satyashodhak Samaj:  A society established by Jyotirao Phule on September 24, 1873. This was started as a group whose main aim was to liberate the shudra and untouchable castes from exploitation and oppression
Shudra: The fourth caste under the rigid caste Hindu system; these were further made more rigid in the Manu Smruti
Ati Shudra: Most of the groups listed under this category come under the untouchables who were used for the most venal tasks in caste ridden Hindu society but not treated as part of the caste system.
Jowar: The Indian name for sorghum

How the Education for girls was pioneered

The Phule couple decided to start schools for girls, especially from the shudra and atishudra castes but also including others so that social cohesion of sorts could be attempted in the classroom. Bhidewada in Pune was the chosen site, a bank stands there today. There is a movement among Bahujans to reclaim this historic building. When the Phules faced stiff resistance and a boycott, a Pune-based businessman Usman Shaikh gave them shelter. Fatima Shaikh Usman’s sister was the first teacher colleague of Savitribai and the two trained teachers who ran the school. The school started with nine girl students in 1848.

Sadashiv Govande contributed books from Ahmednagar. It functioned for about six months and then had to be closed down. Another building was found and the school reopened a few months later. The young couple faced severe opposition from almost all sections. Savitribai was subject to intense harassment everyday as she walked to school. Stones, mud and dirt were flung at her as she passed. She was often abused by groups of men with orthodox beliefs who opposed the education for women. Filth including cow dung was flung on her. Phule gave her hope, love and encouragement. She went to school wearing an old sari, and carried an extra sari with her to change into after she reached the school. The sheer daring and doggedness of the couple and their comrades in arms broke the resistance. Finally, the pressure on her eased when she was compelled to slap one of her tormentors on the street!

Once the caste Hindu Brahmanical hierarchy who were the main opponents of female education realized that the Phule couple would not easily give in, they arm-twisted Jyotiba’s father. Intense pressure was brought by the Brahmins on Phule’s father, Govindrao, to convince him that his son was on the wrong track, that what he was doing was against the Dharma. Finally, things came to a head when Phule’s father told him to leave home in 1849. Savitri preferred to stay by her husband’s side, braving the opposition and difficulties, and encouraging Phule to continue their educational work.

However, their pioneering move had won some support. Necessities like books were supplied through well wishers; a bigger house, owned by a Muslim, was found for a second school which was started in 1851. Moro Vithal Walvekar and Deorao Thosar assisted the school. Major Candy, an educationalist of Pune, sent books. Jyotirao worked here without any salary and later Savitribai was put in charge. The school committee, in a report, noted, “The state of the school funds has compelled the committee to appoint teachers on small salaries, who soon give up when they find better appointment…Savitribai, the school headmistress, has nobly volunteered to devote herself to the improvement of female education without remuneration. We hope that as knowledge advances, the people of this country will be awakened to the advantages of female education and will cordially assist in all such plans calculated to improve the conditions of those girls.”

On November 16, 1852, the education department of the government organised a public felicitation of the Phule couple, where they were honoured with shawls.
On February 12, 1853, the school was publicly examined. The report of the event state: “The prejudice against teaching girls to read and write began to give way…the good conduct and honesty of the peons in conveying the girls to and from school and parental treatment and indulgent attention of the teachers made the girls love the schools and literally run to them with alacrity and joy.”

A Dalit student of Savitribai, Muktabai, wrote a remarkable essay which was published in the paper Dyanodaya, in the year 1855. In her essay, Muktabai poignantly describes the wretchedness of the so-called untouchables and severely criticizes the Brahmanical religion for degrading and dehumanizing her people.

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20 years of FRA 2006, J and K appoints Tribal Ministry as Nodal agency https://sabrangindia.in/20-years-of-fra-2006-j-and-k-appoints-tribal-ministry-as-nodal-agency/ Tue, 16 Dec 2025 10:46:29 +0000 https://sabrangindia.in/?p=45034 Despite the Union government’s tardy approach since the passage of the historic Forest Rights Act in 2006, states such as Jammu and Kashmir are now taking the lead in securing indigenous land rights. Groups including the Wullar Bachav Front and the All India Union of Forest Working Peoples (AIUWFP) have been engaging with the state administration on the issue

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The December 12, 2025 decision by the Government of Jammu & Kashmir to entrust the Tribal Affairs Department with the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, covered under Dharti Aaba Janjatiya Gram Utkarsh Abhiyan (DAJGUA) has been widely welcomes by Adivasi Unions and campaigners. Statements issued by the AIUWFP and the Campaign for Survival and Dignity have stated that it is hoped that this step will lead to greater awareness among local communities and ensure that the justice envisioned under the Act is finally delivered. After the introduction of the Forest Rights Bill on December 13, 2005 in the Lok Sabha, it took almost twenty years, just before the anniversary of the Forest Rights Act (FRA), 2006, for the Government of Jammu & Kashmir designated the Tribal Affairs Department as the Nodal Department for its implementation.

December 13, 2025 also marks two decades (twenty years) of the passage of this historic law that was enacted after nearly a decade or more campaign by forest rights’ and Adivasi groups across the country. On this occasion of the 20th Anniversary of the Forest Rights Act, national campaign coordination organisations (like NRCCJ) have extended extend our heartfelt appreciation to all those, including, parliamentarians, intellectuals, and organisations whose collective efforts made this landmark legislation possible. The Act stands as a historic step to redress past injustices and to democratize forest governance and management, ensuring dignity, rights, and justice for forest-dwelling communities.

The FRA 2006 formally came into force on December 31, 2007, but initially excluded Jammu & Kashmir. Following the abrogation of Article 370, the Act was extended to the Union Territory on October 31, 2019 through the J&K Reorganisation Act, 2019. Formal implementation began in September 2021, and the State Forest Department was designated as the nodal agency. While the extension of the Act was welcomed by local groups and intellectuals, concerns were raised about entrusting implementation to the Forest Department, given its questionable historical role in restricting customary and traditional rights of forest dwellers.

Union of India’s contradictory stances over two decades

To recall these contradictory pulls, when the Government of India was drafting legislation to recognise tribal forest rights, the Ministry of Environment, Forests and Climate Change made several attempts to be the nodal ministry. However, the Campaign for Survival and Dignity—a coalition of tribal groups and intellectuals—strongly opposed this, arguing that a ministry associated with past injustices should not oversee the Act. Their advocacy led to the Ministry of Tribal Affairs (MoTA) being designated as the nodal ministry in 2006, through amendments to the Government of India (Allocation of Business) Rules, 1961.

Despite this, in many states and UTs, Forest Departments continued to act as shadow nodal agencies. The consequences have been stark:

  • Out of 4.79 million Individual Forest Rights (IFR) claims, 1.47 million were rejected.
  • For Community Forest Rights (CFR), the rejection rate stands at 9.56%, with states like Uttarakhand and West Bengal recording rejection rates above 90%.
  • In states/UTs including Jammu & Kashmir, Uttarakhand, Uttar Pradesh, West Bengal, Rajasthan, Karnataka, Bihar, and Madhya Pradesh, more than 50% of IFR claims have been rejected.

These figures highlight how the lack of awareness has enabled Forest Departments to dismiss or dilute claims, undermining the spirit of the Act.

In this context on the twenty years anniversary of this historic law, these steps by administration’s like Jammu and Kashmir (J and K) remain significant.

The Notification by the J and K administration may be read here

 

Letter dated December 3, 2025 by AIUWFP to District Magistrate Ms.Indu Kanwal Chib, District Bandipora J&K regarding the Implementation of Forest Rights Act in District Bandipora J&K may be read here. (https://dipr.jk.gov.in/Prnv?n=21737)

Related:

AIUFWP helps Dudhi villagers file Forest Land Claims under FRA

Forest Land Claims filed in Chitrakoot: AIUFWP and CJP make history!

Struggle for Forest Rights in India stretches from East to West

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When Conservation Becomes Coercion: The silent violence faced by the Tharus of Kheri https://sabrangindia.in/when-conservation-becomes-coercion-the-silent-violence-faced-by-the-tharus-of-kheri/ Mon, 17 Nov 2025 06:21:25 +0000 https://sabrangindia.in/?p=44376 Over 4,000 Tharu Adivasis in Lakhimpur Kheri — including a blind man, a chronically ill man, and several elders — have been wrongfully booked. This analysis shows how administrative discretion and recent forest-law amendments are further undermining the protections guaranteed to forest-dwelling communities under the Forest Rights Act, 2006

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Based on a report by Krishna Chaudhary for The Times of India, this analysis examines the systemic misuse of forest laws against members of the Tharu community in Lakhimpur Kheri, Uttar Pradesh. A blind man, a mentally ill man shackled since childhood, a 50-year-old suffering from a chronic spinal disorder, and a 70-year-old woman — these were among over 4,000 members of the Tharu community falsely accused of various crimes in Lakhimpur Kheri district, Uttar Pradesh. While their petition remains pending before the Allahabad High Court, this analysis examines the continuing misuse of forest laws in India to systematically deprive forest-dwelling communities of their constitutional and statutory rights under the Forest Rights Act, 2006.

Tharu Community and Dudhwa National Park

In the Palia Tehsil area of Lakhimpur Kheri district resides the Tharu community, known for its rich cultural heritage and deep-rooted connection to nature. Recognised as a Scheduled Tribe in 1967, most Tharu families depend heavily on forest resources for their livelihood, including bamboo, sugarcane, timber, and other forest produce.

The Tharu community inhabits around 40 villages situated in and around the Dudhwa National Park, which was established in 1977. The subsequent declaration of Dudhwa as a Tiger Reserve further intensified restrictions on land use and access to forest resources for local residents.

Section 2 of the Forest (Conservation) Act, 1980 (Restriction on the de-reservation of forests or use of forest land for non-forest purposes) provides that:

“Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing—
(i) that any reserved forest (within the meaning of the expression ‘reserved forest’ in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved;
(ii) that any forest land or any portion thereof may be used for any non-forest purpose.”

While this law was intended to prevent the diversion of forest land, its rigid implementation in Dudhwa effectively displaced the Tharu population from their traditional habitats. Following the creation of the National Park and Tiger Reserve, many Tharu villages found themselves enclosed within or adjacent to protected forest zones, leading to the loss of access to ancestral lands and essential resources.

Forest Rights Act, 2006 and Criminalisation of the Tharu Tribe

The Forest Rights Act, 2006 (FRA) (attached below) recognises and vests the rights of forest-dwelling communities by providing a legal framework through which they can claim ownership over land, forest resources, and livelihoods. It was enacted to undo the historical injustice faced by Adivasi and traditional forest-dependent communities who were excluded from forest governance for decades.

Section 4(2) of the FRA provides that:

“The forest rights recognised under this Act in critical wildlife habitats of National Parks and Sanctuaries may subsequently be modified or resettled, provided that no forest rights holders shall be resettled or have their rights in any manner affected for the purposes of creating inviolate areas for wildlife conservation.”

However, in practice, these provisions were ignored. The Tharu community was arbitrarily denied their forest rights, including the right to collect firewood, graze cattle, and access forest produce, despite fulfilling all statutory criteria. In 2012, when members of the Tharu tribe petitioned the court demanding recognition of their rights, the Forest Department responded by filing thousands of fabricated “forest crime” cases against them.

As reported by The Times of India, BJP MLA Romi Sahani from Palia constituency stated that “they filed cases not only against those who went into the forest, but also people who never left home, the physically incapable, and even the dead.”

Over the years, the Tharu community has continued to face bureaucratic harassment and administrative pressure, resulting in the systematic erosion of the rights guaranteed to them under the FRA. Seventy-year-old Badhana Devi recounts, “If we raise our voices or refuse to pay when officers come, we are threatened with new cases.”

In 2020, the District Level Committee (DLC) further rejected the Tharu community’s forest rights claims, disregarding the explicit provisions of the FRA, which confer rights irrespective of the revenue status of a village. (See CJP’s previous coverage: “Vested Rights under Threat: Tharu Tribe Petitions High Court against Administrative Harassment”)

These instances illustrate a clear misuse of statutory powers and administrative authority, effectively stripping the Tharu community of their constitutionally protected rights under the pretext of performing “official duties.” What was meant to be a restorative statute has instead become a tool of persecution, deepening the community’s marginalisation.

Misuse of Conservation Laws across India

Over the years, similar patterns of criminalisation of Adivasi and tribal groups have been witnessed across India. In Uttarakhand, for instance, the Van Gujjars were evicted from their homes as part of a drive to ‘clear encroachments on forest property’. They invoked their right to inhabit forest land under Section 3 of the FRA, 2006 (read below). Further, Section 4 of the Act clearly states that, in cases where these members are residing in critical wildlife areas and National Parks, it is important first to rehabilitate them, to provide them a secure livelihood.

The Uttarakhand High Court, through an interim order, upheld the Van Gujjars’ right to migrate to their summer homesteads and held that any attempt to evict them would violate Article 21 of the Constitution as well as their rights under the FRA, 2006.

In the Hoshangabad district of Madhya Pradesh, the Adivasi tribes such as the Korkus and Rajbhars have faced similar ordeals. At Itarsi, the Central Proof Range was established as a testing ground for armaments and ammunition, leading the government to acquire vast stretches of forest land and displace Adivasi and Dalit families. The concept of ‘protected forests’ was further expanded under Section 4(2) of the Forest (Conservation) Amendment Act, 2023 (attached below), to include land used for strategic or defence projects and paramilitary camps. These exemptions and definitional ambiguities are now frequently misused by the government to bypass conservation obligations and to criminalise local communities.

Perhaps the most alarming example lies in the implementation of the Wildlife Protection Act, 1972. Under the pretext of ‘conservation’, the Act has criminalised essential livelihood practices of forest dwellers, such as collecting mahua, grazing cattle, and fishing. Entry into these lands itself became a punishable offence. A report by the Criminal Justice and Public Accountability Project (CPA) reveals that most offences registered against Adivasi communities were categorised as ‘threats to ecological security and animal habitats’, often without any specific allegations.

Further, forest dwellers and Adivasis continue to face evictions through industrialisation and mining projects. The mineral-rich states of Madhya Pradesh, Chhattisgarh, and Jharkhand are particularly affected. To facilitate mineral extraction, the standard state response has been to first declare forest land as ‘protected’ under the Forest (Conservation) Amendment Act, 2023, and then evict its inhabitants in the name of ‘conservation’. This systematic process not only undermines the FRA’s purpose but also perpetuates the cycle of dispossession and displacement of forest communities.

Legal Framework: Setting a Precedent for the Tharu Position

The judicial trajectory surrounding forest rights has consistently reinforced the constitutional legitimacy and welfare-oriented purpose of the Forest Rights Act (FRA), 2006. As seen in the preceding instances, from the Tharu community in Uttar Pradesh to the Van Gujars of Uttarakhand and the Adivasi groups in Madhya Pradesh, the administrative machinery has often undermined the FRA’s intent through procedural denials and criminalisation. However, Indian courts have, on several occasions, upheld the protective spirit of the FRA and reaffirmed the rights of forest-dwelling communities.

In Wildlife First v. Union of India, 2019 (read below),  the Supreme Court upheld the constitutional validity of the FRA, recognising it as a vital mechanism for securing the livelihoods and cultural identity of Scheduled Tribes and other traditional forest dwellers. The Court underscored that the Act does not weaken forest conservation but instead democratises it by empowering local communities as custodians of the environment.

Similarly, in Orissa Mining Corporation Ltd. v. Ministry of Environment and Forests & Ors., 2013, concerning the proposed bauxite mining project in the Niyamgiri Hills, the Supreme Court upheld the Ministry’s decision to deny forest clearance. The Court found that the project violated both the FRA and the customary rights of the Dongria Kondh tribe, whose spiritual and cultural ties to the Niyamgiri Hills were constitutionally protected.
In paragraph 43 of the judgment (attached below), the Court characterised the FRA as a “social welfare or remedial statute” designed to recognise and vest forest rights. The legislative intent, it observed, is unambiguously to safeguard the customs, usages, and traditional practices of forest dwellers. The judgment further emphasised that under the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) (read below), particularly Section 4(d), the Gram Sabha is entrusted with the duty to preserve and protect tribal traditions, cultural identity, and community resources.

This landmark ruling thus establishes a jurisprudential framework that directly supports the claims of the Tharu petitioners. Their ongoing struggle to secure recognition of their Community Forest Resources (CFRs) in the Terai region echoes the Dongria Kondhs’ defence of their sacred landscapes. The same legal reasoning: recognition of customary rights, participatory decision-making through the Gram Sabha, and the FRA’s remedial purpose, should guide judicial interpretation in the Tharu case as well.

Constitutional Implication: Articles 14, 21, and 300A

The arbitrary usage of the Indian Forest Act and Wildlife (Protection) Act, to arrest and detain Tharu Tribe members, under the guise of ‘protecting wildlife and natural habitat’, violates equality and liberty guaranteed under Article 14 of the Constitution. The forest officials particularly target people belonging to Scheduled Tribes, who often lack legal and financial recourse to raise their voices. The FIRs are filed without looking at the facts of the circumstance (as in the case of Surdas Ram Bhajan), and any sort of resistance is framed as insurgency. Therefore, non-arbitrariness, which is at the heart of Article 14, is violated.

Article 21 guarantees the right to life and personal liberty. The FRA helps secure the right to life for forest-dwelling communities by protecting their ability to earn a livelihood from the forest. The petitioners argue that non-conferment of their forest rights is a violation of Article 21, and a further perpetuation of historical injustice, against which the FRA was meant to protect.

Article 300A of the Constitution protects the right of an individual to not be deprived of their property, secured by the authority of law. The Adivasis and Tharu tribe members are forced into a system of private/state property, as a result of unsettled land rights and lack of clear demarcations. The logic holds that any land that is not owned by individuals automatically becomes state property.

Thus, the 4000 cases against Tharu Community members violate their right to life, equality and property.

Conclusion and Way Forward

The core purpose of the Forest Rights Act (FRA), 2006 was to rectify the “historical injustice” committed against forest-dwelling communities, particularly Scheduled Tribes and Other Traditional Forest Dwellers, whose customary rights to forest lands and resources were denied during the colonial period and, regrettably, even after independence (as reiterated in Orissa Mining Corporation Ltd. v. Ministry of Environment and Forests).

In the case of the Tharu community, the lands they had long inhabited were declared “forest land” or designated as “protected areas” for wildlife conservation, disregarding their traditional conservation practices and deep ecological dependence on forest resources.

The extensive rights guaranteed under the FRA remain largely unrealised due to the excessive control exercised by forest officials, whose discretion often renders these legal protections ineffective in practice. Furthermore, the recent Forest Conservation (Amendment) Act, 2023, has weakened the FRA’s intent by allowing the Union Government to grant forest clearances even before the rights of forest-dwelling communities are settled or their consent obtained. This legal overlap has created a dangerous precedent where conservation is invoked to justify dispossession.

These developments also highlight how state machinery, including the Police and Forest Departments, disproportionately target communities residing in and around forest areas, a significant proportion of whom belong to Scheduled Tribes and Scheduled Castes.

The petition submitted by Santari Ram Rana and Sadai before the Allahabad High Court exposes this subtle yet pervasive bureaucratic violence embedded within law. Unlike overt forms of repression, this harm is inflicted quietly through administrative procedures, documentation, and regulatory control, reflecting a colonial mindset that continues to view forests as needing protection from the very people who have protected them for generations.

While the writ petition remains pending before the High Court, members of the Tharu community must continue asserting their legal and cultural rights, drawing inspiration from the Van Gujjars of Uttarakhand and the Adivasi movements in Hoshangabad. Only through sustained advocacy, awareness, and judicial engagement can the original spirit of the Forest Rights Act be truly realised.


(The legal research team of CJP consists of lawyers and interns; this resource has been worked on by Shyamli Pengoriya
)

Related

Vested Rights under Threat: Tharu tribe petitions High Court against administrative harassment

Forest Conservation Amendment Act, 2023: A challenge to Adivasi land rights and environmental protections

U’khand Forest Dept admits faults in eviction notices issued to Van Gujjars

Forest Conservation Rules, 2022- An overview of changes that snatch rights of Gram Sabhas

Sokalo Gond and Nivada Rana lead the campaign for Forest Rights in SC

Tribals Allege Officials Use Forest Rights Act to Harass, Demand Money; Picket DM’s Office

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‘We Were Promised Rehabilitation’: Gurugram’s oldest Dalit settlement bulldozed after decade long battle; police violently beat and detain residents for protesting https://sabrangindia.in/we-were-promised-rehabilitation-gurugrams-oldest-dalit-settlement-bulldozed-after-decade-long-battle-police-violently-beat-and-detain-residents-for-protesting/ Mon, 03 Nov 2025 05:04:56 +0000 https://sabrangindia.in/?p=44161 Behind Gurugram’s latest demolition drive lies a decade-old nexus of corruption, caste, and state neglect

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October 8, 2025, Gurugram, Haryana: On Wednesday in Gurugram’s Sector 12, on Old Delhi Road, homes were razed down after residents were forcibly dragged out by a massive police force, in yet another case of demolition and forced evictions in India following the 2024 Supreme Court judgement that deemed them “totally unconstitutional”.

The Premnagar Basti, also known as the Chick-Chatai Wali Basti, is an at least 45-year-old settlement of BPL migrant labourers, most of which has now been destroyed. 86 of the 250 or so jhuggi-jhopdis that made up the urban village remain protected, entitled to rehabilitation in a 2-decade old low-income housing project called the Ashiana Scheme, as per the state government.

A bulldozer tears through homes in Gurugram’s Premnagar settlement during a demolition drive, leaving behind collapsed bamboo and brick structures. October 2025/MOULI SHARMA

Unlike many similar demolitions of marginalised populations’ homes, the demolition of the Premnagar Basti was initiated not for the purpose of clearing public land, but at the behest of local industrialist Gulaab Singh. In 2013, the Central Market Welfare Association (CMWA) of the market complex opposite the basti filed a lawsuit against the Haryana government and its urban development authority, Haryana Shehri Vikas Pradhikaran (HSVP), complaining that the very existence of the Premnagar Basti was affecting their business adversely. Singh is the president of this association, and also the owner of the Sector 12 market complex.

The same year that the CMWA filed the lawsuit demanding Premnagar’s demolition, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill was passed in Parliament, repealing 1894’s Land Acquisition Act such that every acquisition would require the government to pay compensation to its occupants, or rehabilitate them. Essentially, it meant that there is no such thing in Indian law as a ‘legal forced eviction’ or a ‘legal forced demolition’.

The act was enforced the following year in 2014, but the CMWA’s case was temporarily dismissed by the Punjab and Haryana High Court at the time, as the occupied land in question was not public property at all, but disputed private property that the government had been attempting to acquire for three decades.

Residents and onlookers gather as police and earthmovers carry out the demolition in Gurugram’s Sector 12, displacing scores of families. October 2025/MOULI SHARMA

Premnagar’s impending demolition has terrorised its residents through much of the last decade, ever since HSVP acquired the land in the mid 2010s (HSVP’s present estate officer, Rakesh Saini, alongside GMDA Nodal Officer and Town Planner R.S. Batth declined comment on the exact date, or any other technical or legal details). Wednesday marked the end of a decade long battle, despite the fact that till date, not a single family has been rehabilitated or compensated by the HSVP as required by the 2013 Act.

In fact, the Ashiana Scheme apartments in sector 47, where the HSVP now promises to house 86 families currently protected from demolition, have sat empty for 15 years. These flats are in a state of utter disrepair, with the HSVP having failed to allot even one of 1,088 flats since the project’s completion in 2010. In 2023, the HSVP announced that these flats would be demolished! The land was set to be resold for high-end commercial use, which the HSVP felt better suited its ‘premium value’; just this year, it was announced that they would not be demolished after all, and Rs. 9 crores  were then allotted for their repair!

A dilapidated bathroom sink in Sector 47’s abandoned Ashiana Scheme apartments where the HSVP has promised to rehabilitate ’86’ families—without committing to the same in writing—much like it had done to 204 families in 2018, 118 of whose homes are now going to be bulldozed.  April 2025/MOULI SHARMA

In the High Court’s final judgement regarding Premnagar given in January earlier this year, 204 families had been marked as eligible for rehabilitation in these inhospitable Ashiana Scheme apartments. Now, this number has arbitrarily shrunk to 86, and not a single allotment letter has been given to any of them either.

The demolition drive, which employed the use of a massive armed police force, water cannons, detention vans and a bulldozer—blocking Old Delhi Road for regular commuters through the hours of 10 and 6—was overseen by GMDA’s Nodal Officer for ‘removal of illegal encroachments’, R. S. Batth, a somewhat notorious figure for his attempts at internet fame—through the act of demolition itself.

Batth’s Instagram account, @r_s_batth_dtp, consists largely of vertical short-form videos of himself overseeing various demolition drives in addition to participation in Savarna religious events, with the former ranging from the destruction of street food vendor stalls to the huts and homes of slum dwellers. Batth has built a loyal Instagram following, with over 2,71,000 followers and at least 6 fan pages, and a corresponding internet infamy within less than a year of taking office, seemingly entirely at the cost of Gurugram’s urban poor.

Children of the Premnagar Basti protest on Old Delhi Road with handmade posters. The first (left) reads, “We should be given a place to stay,” and the second (right) reads, “We are being wronged.” At the end of the demolition drive, these posters could be found crushed to the ground, covered in dirt. October 2025/MOULI SHARMA

On the 8th of October, as sick children were dragged from their homes and men and women beaten with sticks as they were made to watch their homes being razed to the ground, Batth could be seen recording videos of requesting victims of demolition to have tea or water to calm themselves down. These videos, along with closeups of bulldozer action, were then quickly uploaded to his Instagram page, receiving applause from his following.

Surprisingly though, there are forms of attention that Batth does not in fact, enjoy. When reporters from Sabrang India asked him about the legality of the demolition with reference to the 2013 Act, how, if at all, he planned to rehabilitate the people whose homes he’d demolished as constitutionally required, or why the 120 remaining families earlier promised rehabilitation were suddenly dropped from the list. Batth declined comment on each question, and requested that ‘technical questions’ be directed to HSVP’s Estate Officer, Rakesh Saini instead.

“I am not questioning your legal knowledge. Please ask all these technical questions to the Estate Officer and not me,” said Batth. Saini himself also declined comment on the matter, saying that he would prefer if the matter were discussed with him privately instead.

Interestingly, both authorities also failed to answer how many homes it was that they’d set out to demolish. “It is not possible to say the exact number,” said Saini. “It is somewhere around a hundred and fifty.”

Residents of a protected house, no. 86 of 86 houses whose families the HSVP now promises rehabilitation, sit outside the home with the official list of protected homes in case the bulldozers move toward them. October 2025/MOULI SHARMA

Barring the 86 protected homes, marked out by yellow spray paint on bamboo walls and notices pasted everywhere the eye could see, at least 170 homes would have been planned to be demolished. Till the evening, 50 or so homes were destroyed by the Haryana government, with many families not even being permitted to retrieve their belongings.

“That is 50 year’s worth of possessions,” said Reema Devi, resident of one such home, weeping on the street with her granddaughters beside her. “They expect us to get rid of it in a day.”

“This is all the fault of Mukesh Sharma,” she then added. The BJP MLA had campaigned around Premnagar intensely, promising an end to the battle for Premnagar which had begun during Congress’ tenure.” He promised us this wouldn’t happen. That we would be rehabilitated within two months of his taking office,” said Reema Devi.

While Sharma has never since revisited Premnagar,  nor had he replied to the petition sent to him by residents of the basti informing him of the unjust processes of demolition being carried out over there and seeking remedy for the same, he has come very close: On 25th September, Sharma visited the popular Sheetla Mata Mandir merely 2km away from the Premnagar basti, to inaugurate a new building within the temple, and to ensure that no one would sell meat within a four-hundred metre radius of it. These achievements are boasted of on his very own website, mukeshsharma.in.

Haryana MLA Mukesh Sharma, who won from Ward 6—in which the Premnagar Basti falls—recently visited Gurugram’s famous Sheetla Mata Mandir to ensure that meat would not be sold within 400 metres of the temple, and inaugurate a new building for it. Meanwhile, he hasn’t yet responded to the basti residents’ petition demanding review of the matter of their rehabilitation.  September 2025/MUKESHSHARMA.IN, NAVODAY TIMES

The following day, the police and demolition authorities were set to return to finish their incomplete task of razing over a hundred more homes, but as of 9th October, at time of writing, no further action is taking place. It seems as if now that Batth’s videos have gone viral, the urgency to ‘clean up’ the streets of Gurugram has ceased.

The homes of a few poor Dalit families have little value to the incumbent government beyond cheap publicity stunts and monkey-fights with the opposition; Congress’ mayoral candidate, alongside their advocate, Abhay Jain were both present at the sight of demolition and spoke vehemently against the drive, requesting that the government at least ‘let Diwali pass’ in peace for the families, most of whom make livings through artisan work and seasonal employment. Both left immediately after the police lathi-charged the basti’s protesting crowd, gathered protectively around the urban village.

As police begin to lathi charge the basti residents gathered outside to protest the demolition, a policeman grabs a nearby religious flag of Hindu God Ram to repurpose as a weapon. October 2025/MOULI SHARMA

“At this point, I don’t understand anything. I don’t know what to do,” said Muskan, an 18-year-old preparing to become a software engineer, who was one of the key voices among the basti’s youth who have been fighting the demolition threats since the judgment of January 16.

“After today, it feels like nothing we can do matters.”

Muskan was among many young women who very nearly escaped violent detention as police forcefully cleared the homes on the outer periphery of the basti. Her friend, a young girl named Shivani was among five people falsely imprisoned without food or water in a detention van outside for the entire duration of the demolition drive, which continued from early afternoon till the evening. Four of these five detainees were women.

“We did nothing. We weren’t violent, we weren’t obstructing anything.  We just asked them not to raze our homes,” said Shivani from behind the grills of the detention van. All the detainees were released past sunset.

Shivani (left) was one of five people arbitrarily detained from the demolition site, four of whom were women. She claimed that none of them protested violently or caused any disturbance to the police except protesting the demolition. October 2025/MOULI SHARMA

For now, the 86 families marked for rehabilitation wait in limbo — their allotted homes in the Ashiana Scheme still locked, decaying, and unfit for habitation. With no timeline or written assurance from the HSVP, uncertainty looms large. Many fear that once the media attention fades, their protection too will quietly dissolve, leaving them next in line for eviction.

(The author is a scholar of religion at Jamia Millia Islamia and a freelance journalist from New Delhi. Additional fieldwork by Vishnu Khanawalia, a reporter and activist from New Delhi.)

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Supreme Court examines Forest Rights Act 2006 versus Conservation Law, makes national headlines https://sabrangindia.in/supreme-court-examines-forest-rights-act-2006-versus-conservation-law-makes-national-headlines/ Thu, 30 Oct 2025 08:53:34 +0000 https://sabrangindia.in/?p=44146 The rights of Adivasis and forest dwellers are, once again under threat as India's highest court considers the impact of Parliament’s wide-sweeping changes to the Forest Conservation Law (2023)

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The Supreme Court is considering a crucial contradiction in the tussle between the Forest Rights Act 2006 (FRA) and the amended Forest (Conservation) Act 1980 (FCA, 2023) after the latter (FCA)’s controversial amendments in 2023. The FRA 2006 was intended to provide certainty and security for Adivasi and forest dwelling communities; it is a historic legislation enacted after years of mobilisation by South Asia and India’s forest dwelling communities. However, the expanded powers of regulation and exemptions slipped into the FCA 2023, under a Modi regime that did so without the rigour of Parliamentary debate, pose, afresh, new risks to the hard-fought rights of India’s indigenous. This marks a crossroad in India’s policy framework and understanding of conservation forests, rights of indigenous peoples and their pivotal role in conservation and or stewardship of the environment.

The Forest Rights Act was passed in 2006 following decades of struggle by forest-working peoples to redress the exclusionary legacy of colonial and post-colonial forest laws. The FRA acknowledges the rights of individual and community access to land, housing, and to minor forest produce, and grants the Gram Sabhas authority to manage and protect forests. The intent of the FRA was to transfer authority from the centralised forest-administrative bodies (like the Forest Department) to local communities and to make the Gram Sabha’s consent a precondition for the approval of any forest diversion. And de-centralisation was recognised as key to protection of both land rights and forest protection.

The Forest (Conservation) Act, enacted in 1980 –and hurriedly amended in 2023 without debate– has a centralised approach to conservation and, following amendments in 2023, has gone further still to consolidate centralized control over forest land. The amendments narrowed the definition of the term “forest” and included broad exemptions for strategic and commercial projects, and also authorised the regularization of diversions under the law. The amendments to the FCA have dismantled community consultation, removed environmental protection, and ultimately weakened the requirements to divert land from indigenous peoples in favour of land acquisition for development. The FCA now enables diversion of forest land for national security and infrastructure development, particularly in border areas, and weakened the requirement for Gram Sabha consent, designed to make community consultation a formality after the diversion has occurred.

It is crucial at this junction to recall the eviction order, passed by the Supreme Court in February 2019 that became the ground for nationwide and lasting protests by forest dwellers and Adivasis. The intent and impact of the order would have been to displace as many as one crore forest community members. Hence, its passage became yet another pivotal moment in the struggle for land and forest rights in India. The order triggered mobilisation among Adivasi and forest community members and immediate civil society response at the nation level, notably the All India Union of Forest Working Peoples (AIUFWP) and Citizens for Justice and Peace (CJP). Within two weeks, national civil society intervention (close to a dozen and a half interim applications were finally filed) led to the Court staying its eviction order. This move was also necessitated after an affidavit, filed by the Ministry of Tribal Affairs that requested a full reconsideration of the case. The matter still awaits hearing before the Supreme Court, and demonstrates the ongoing struggle over the rights of statutory recognition against conservation. On October 24, 2025, again, the Ministry of Tribal Affairs (MOTA) has –once more–sharply rebutted a plea which has challenged before the Supreme Court (SC) the legal validity of the 2012 Rules, made under the law, The Indian Express has learnt. In a counter affidavit filed before the SC in the same matter, the Centre has not only defended the legal validity of the Act but also stressed that the law goes beyond mere land ownership regularisation and aims to restore dignity, livelihoods, and cultural identity of forest-dependent communities.

AIUFWP is a national, women-led membership union representing forest-dwelling communities, agricultural workers, and Adivasis. It creates leadership for grassroots communities, especially among Adivasi women, advocates for distributive justice, and works with stakeholders across India to secure legalisation and recognition of community based customary forest rights. CJP operates as a legal rights and advocacy organisation, in close alliance with the AIUWFP by supporting ground-level training and legal interventions. CJP is both drafter and co-petitioner in the detailed interlocutory application (IA) filed before the Supreme Court in 2019. This IA detailed the historic disenfranchisement of India’s indigenous peoples that led to the enactment of the 2006 law, the systemic grievances with claims being denied, due process failings and the deliberate bypassing of Gram Sabhas, and violations of the statute scheme for the Forest Rights Act, 2006 by the forest administration. It also emphasised that mass evictions (not mandated in the law itself) were without constitutional justification and violated natural justice and legal protections.

In the follow-up hearings, the Supreme Court, going well beyond its original order, required states to file affidavits investigating state processes concerning the assessment of forest rights claims and about claims that were denied altogether. Determining whether community land rights are properly granted is now a question of what the Court would deem sufficient transparency in state action.

Apart from this crucial matter (Wildlife First, in which Adivasi unions and others have intervened), at the same time, the apex court of India –another bench–is considering challenges to amendments made to the Forest (Conservation) Act enacted hurriedly in 2023, which would broaden the chasm between statutory protection (under the FRA 2006) and state sovereignty (under the FCA). As publicly noted in one of the recent bench observations, the principle basis for halting mass evictions focused on the unresolved policy and law contradiction between the tenurial and welfare entitlements granted by the Forest Rights Act and the hard restrictions allegedly imposed for sake of conservation by the Forest (Conservation) Act. Thus, this continuing litigation is sitting at the crossroads of India’s obligations—to forest-dwelling peoples and conservation—creating a tension and dispute between rights-based justice and regulatory control the recurrent subject for adjudication in the future.

Criticism of the FCA amendments is directed specifically to their consequences in the North-East, where a multitude of forests are not recognised officially by the state yet serve as crucial in-state clearings for indigenous communities or communities in general. The amendments have bypassed (pushed aside) Gram Sabhas, authorised less participatory governance, and fostered concerns regarding green credits and monoculture afforestation. The Godavarman judgment (1996) expanded the definition of “forest” to include unclassified and community forests; however, the newly repealed law does not recognise large areas subject to exploitation.

The approach of the Supreme Court has fluctuated over the years: see for example the direction of the Wildlife First case, and then the Niyamgiri judgment acknowledged consent from Gram Sabhas prior to forest diversion. Nevertheless, the legal condition for indigenous rights is presently ambiguous and somewhat unpredictable on fore use, where the discretion of execution has taken priority over community rights and constitutional guarantees.

The exclusion of indigenous communities from forest governance has a historical precedent, as far back as colonial rule where laws regarded them as encroachers instead of custodians of land and resources. The FRA can be understood as an acknowledgement and a corrective action towards this injustice, recognising the rights of Scheduled Tribes and other traditional forest dwellers to land, resources, and self-governance. The FRA was a multifaceted, energising outcome for these communities after decades of mobilising their rights and advocating for their access to and enjoyment of forests as an acknowledgment of their livelihoods and to democratise forest governance and restore dignity to marginalised communities.

In many ways, the expansion of centralised governance through The Forest (Conservation) Act has been legitimized via the Supreme Court’s Godavarman judgement of 1996, an important case that greatly expanded the administrative definition – and control over the meaning of “forest.” Centralization directly contradicts the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA), which creates firm ground for a decentralised, community-based rights agenda of forest management. The tension is not simply administrative or logistical but is an observed and constitutionally established tension in the power relationship between the executive and authoritative and empowered Gram Sabhas, flooring the foundational conflict of purpose between development, conservation, and indigenous rights.

The Godavarman judgment explicitly stated, “…the word ‘forest’ must be understood according to its dictionary meaning. This description covers all statutorily recognized forests, whether designated as reserved, protected or otherwise for the purpose of Section 2(i) of the Forest (Conservation) Act. The term ‘forest land’, occurring in Section 2, will not only include ‘forest’ as understood in the dictionary sense, but also any area recorded as forest in the government record irrespective of the ownership.” (Godavarman v UOI, 1996). By contrast, the FRA 2006 frames the legal mandate as, “…to recognize and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded; in order to correct the historical injustice done to the forest dwelling Scheduled Tribes and other traditional forest dwellers who are integral to the very survival and sustainability of the forest ecosystem.

The 2023 FCA amendments, with a narrower definition of what qualifies as “forest,” and less opportunity for Gram Sabha participation, are yet another movement towards executive power, effectively disenfranchising the FRA’s commitment to decentralisation and democracy. This constitutional tension is yet to be resolved and is at the forefront of ongoing litigation and policy discussions concerning forest governance, development priorities, and the protection of indigenous and community rights.

Conclusion

There is an urgent need for a renewed and comprehensive framework that reconciles the inherent community and historic rights of communities over land/the commons and those of “the state” that seeks to unilaterally claim land for corporate development. Such a people’s right driven scheme would be one that upholds constitutional protections, revives community governance, and ensures community participation in environmental assessments. It will take the reversal of community jurisdiction and accountability of the state to limit logging in India’s forests, and the Supreme Court’s intervention could be a new beginning. India will only be able to protect its forests when it also protects the rights of those who have historically cared for them; by reaffirming the primacy of Gram Sabhas, transparency in impact assessments, and a stronger legal basis for rights recognition.

(The legal research team of CJP consists of lawyers and interns; this resource has been worked on by Urvi Kehri)

Image Courtesy: business-standard.com

References:

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CJP flags casteist, anti-Dalit videos on YouTube targeting CJI Gavai; seeks urgent takedown https://sabrangindia.in/cjp-flags-casteist-anti-dalit-videos-on-youtube-targeting-cji-gavai-seeks-urgent-takedown/ Sat, 25 Oct 2025 05:38:39 +0000 https://sabrangindia.in/?p=44067 CJP has filed a complaint highlighting two videos on YouTube carrying casteist and hateful commentary against Chief Justice B.R. Gavai. The organisation has demanded their prompt removal and action against the channel @AjeetBharti for violating the platform’s community guidelines

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On October 10, 2025, the Citizens for Justice and Peace (CJP) submitted a complaint to YouTube highlighting two videos on the @AjeetBharti channel that it says contain hate-filled, casteist, and violent attacks against Chief Justice of India (CJI) B.R. Gavai. CJP has urged the platform to take down the videos, suspend the channel, and ensure accountability for content that promotes anti-Dalit rhetoric and harmful propaganda.

A calculated campaign of vilification: CJP

In its complaint, CJP alleges that a “coordinated campaign of caste-based vilification, violent provocation, and criminal intimidation” directed at CJI Gavai—India’s second Dalit Chief Justice. It asserts that the content uploaded by Ajeet Bharti’s channel is not merely hate speech but “digital violence designed to demean a constitutional authority through caste-based insult and explicit threats.”

“This is not just abuse,” the complaint states, “but a direct and calculated assault on the dignity and personal safety of India’s highest judicial functionary, and consequently, a grave threat to the independence of the Indian judiciary itself.”

Factual background: Documented pattern of hate

The complaint highlighted that the creator of these videos, Mr. Ajeet Bharti, is a person with known antecedents of disseminating hateful and divisive statements. His broader social media profile is already under active surveillance and investigation by Indian law enforcement for similar offenses. As per complaint, the criminal nature of the content in question is not a matter of CJP’s interpretation but is confirmed by direct police action. On October 8, 2025, police in the state of Punjab have officially booked Ajeet Bharti in over a dozen First Information Reports (FIRs). The official grounds for these criminal proceedings are his “casteist” and “provocative” remarks made on social media targeting Chief Justice of India B.R. Gavai.

The majority of the accused are from outside Punjab and have been charged under non-bailable sections of the SC/ST (Prevention of Atrocities) Act, along with other relevant laws.

The videos hosted on the YouTube platform are not isolated incidents but are part of a wider, documented campaign of hate by an individual whose activities are already subject to serious legal action by multiple state authorities i.e. Punjab and Noida Police. This established profile of spreading hate speech adds profound gravity to the content and heightens the urgency for its immediate removal.

Shoe hurled at CJI B.R. Gavai during live court proceedings

Tensions rose after October 6, 2025, when Advocate Rakesh Kishore hurled a shoe at the CJI during a Supreme Court hearing, shouting “Sanatan ka apman nahi sahega.” The Bar Council of India immediately suspended Kishore, calling his act “prima facie inconsistent with the dignity of the court.”

Despite the outrage, the complaint notes that Ajeet Bharti amplified the aggression. This episode came just a week after Bharti’s earlier broadcast on September 29, where his panel had already invoked open calls for violence against the Chief Justice.

Deleted Post by Ajeet Bharti

Detailed legal examination of the videos by CJP

In its complaint, CJP has very carefully examined the transcript of this podcast, premiered on September 29, 2025, and October 6, 2025 from the Ajeet Bharti’s YouTube channel [@ajeetbharti] and highlighted their relevant timestamps and context, unequivocally establishing grounds for immediate action against the channel.

The first video, “S2E2: CJI Gavai Vs Sleeping Hindus | Sonam Wangchuk A Deep State Project | Kaushlesh, Anupam, Ajeet,” was uploaded on September 29, 2025.

Barely a week later, on October 6, Bharti livestreamed “Shoe Attack on CJI Gavai: Leftist Baying for Ajeet Bharti Blood | Ajeet Bharti LIVE.”

The videos are called “a continuous chain of hate speech, culminating in physical aggression and social intimidation.”

Timeline of incitement:

  • September 29, 2025 – Bharti’s podcast calls for explicit violence against the CJI: “One Hindu lawyer should grab Gavai ji’s head and smash it against the wall.”
  • October 6, 2025 – A week later, a lawyer physically attacks the CJI in the Supreme Court, proving, the complaint says, “that YouTube’s inaction turned speech into assault.”

The complaint situates this within a historic pattern—where dehumanising propaganda precedes violence against Dalit and Adivasi communities. “This hate speech,” it warns, “is not isolated; it draws from India’s long history of caste oppression, social boycotts, and pogroms fuelled by rhetoric portraying Dalits as subhuman.”

The flashpoint of incitement

At in the first video, one of the speakers says: “If Gavai ji bumps into someone somewhere… one Hindu lawyer should grab Gavai ji’s head and smash it against the wall with such force that it breaks into two pieces.”

The complaint calls this a “direct call to commit assault”—not metaphor but provocation. Moments earlier, another participant had sneered: “What is the punishment in the IPC for spitting on Gavai’s face? Hindus can’t even do that.”

The complaint observes that such remarks “normalise public humiliation of a sitting Chief Justice and encourage copycat behaviour.” Later, at, a panellist declares: “The amount of inherent inferiority I have seen in Gavai… you have reached the topmost post and you still have it.”

In the complaint, this line “weaponises caste psychology to demean Dalit achievement” and qualifies as an offence under section 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989.

“He (CJI) drinks Neel in the morning”, derogatory remark against CJI

The October 6 livestream, the complaint argues, crossed every boundary of legality and decency. At, Bharti sneers that “The judge doesn’t understand the dignity of his post and reaches court after drinking ‘neel’ and distributing ‘Ambedkar Neel Vachanamrit’ instead of giving orders.”

Here, “neel” (blue)—the emblem of Dalit and Ambedkarite assertion—is distorted into a slur. Minutes later, Bharti escalates to grotesque caste imagery: “He dried the leather of a dead cow in the scorching sun of the slum, smeared it with sewer blackness, and while picking garbage, joined pieces of ‘L’ and ‘V’ to make Louis Vuitton shoes.”

The complaint describes these lines as “abhorrent, dehumanising, and a deliberate resurrection of the language of untouchability.” The complaint stresses that such statements insult not just Justice Gavai but the entire Dalit community, reducing symbols of dignity into “the vocabulary of filth and servitude.”

By broadcasting and monetising this content, YouTube, it argues, has “hosted, profited from, and algorithmically promoted material amounting to cognisable offences under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act.”

From digital hate to real violence

When, days later, the lawyer hurled a shoe/object at the CJI, Bharti’s livestream turned the assault into spectacle. At in second video on October 6, he remarked “If judges continue to make such anti-Hindu statements, then what happened in court today can happen on the streets tomorrow.”

CJP calls this “not commentary but endorsement”—a public justification of violence.

“The sequence of events provides a stark and undeniable correlation between specific incitement broadcast on YouTube platform and the subsequent act of violence,” the complaint stated, warning that such narratives normalise courtroom desecration and seek to punish judicial independence—particularly when embodied by a Dalit judge.

Police action, platform silence

CJP alleges that despite multiple FIRs and legal summons against Bharti, YouTube has taken no suo-moto actions.

“By continuing to host these videos,” the complaint writes, “YouTube is facilitating the spread of content from an individual under investigation for caste-based offences.”

The complaint alleges YouTube of “double standards”—acting swiftly against hate speech in Western contexts but remaining inert when the target is a Dalit Chief Justice in India. Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, intermediaries must remove unlawful content upon notice—an obligation the Complaint says YouTube has ignored.

Legal and ethical violations

The complaint cites violations under multiple Indian laws—including Sections 109, 117, 152, and 342 of the Bharatiya Nyaya Sanhita (BNS), 2023, and the SC/ST Act, as well as Supreme Court precedents which recognise hate speech as a precursor to violence.

Failure to act, the complaint warns, “undermines India’s constitutional promise of equality and the independence of its judiciary.”

“The continuous dissemination of derogatory and inciting content against the Chief Justice of India,” the complaint asserts, “is not merely an attack on an individual, but a direct and insidious assault on the very foundation of India’s constitutional democracy—the independent judiciary.”

Global standards, local silence

CJI reminds YouTube of its international responsibilities under the UN Guiding Principles on Business and Human Rights and the EU Digital Services Act, which demand swift removal of hate and incitement.

“YouTube cannot adhere to one set of standards in Europe and another in India,” the complaint notes. “Corporate self-regulation must not end where profit begins.”

CJP’s four-point prayer to YouTube

CJP’s complaint concludes with a clear four-point prayer to YouTube, asserting that failure to comply would be treated as complicity in the alleged offences, the complaint demands the immediate removal of both inflammatory videos and the permanent suspension of the @AjeetBharti channel to halt the dissemination of further hate; furthermore, CJP calls for an internal investigation into the platform’s moderation failures and a compliance response within 72 hours detailing the steps taken to address the grave legal and ethical violations cited in the complaint.

The complete complaint may be read here:

 

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Unending Violence: Caste atrocities haunt Uttar Pradesh’s Dalit communities https://sabrangindia.in/unending-violence-caste-atrocities-haunt-uttar-pradeshs-dalit-communities/ Sat, 20 Sep 2025 10:50:56 +0000 https://sabrangindia.in/?p=43678 In Mainpuri, a minor Dalit girl was gang-raped with a video going viral, in Prayagraj, a Dalit man died in police custody, a case on which the High Court has sought a response, and in Amroha, a youth was attacked with a sword for objecting to alcohol consumption outside his home

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The string of crimes against the Dalit community in Uttar Pradesh shows no signs of abating. Three recent, separate incidents have once again raised serious questions about the state’s law and order. These events show that caste-based violence and oppression remain a major challenge today.

On one hand, a minor Dalit girl was a victim of a brutal gang-rape in Mainpuri, while in Prayagraj, a Dalit man died under suspicious circumstances in police custody. In the third incident, a Dalit youth in Amroha was attacked with a sword for objecting to alcohol consumption. These cases not only highlight the severity of the crimes but also raise concerns about the slow pace of justice and the safety of victims.

Mainpuri: A 14-year-old Dalit girl was allegedly gang-raped

A shameful incident has emerged from Mainpuri, Uttar Pradesh, where a 14-year-old Dalit girl was allegedly gang-raped by two middle-aged men. The accused also made a video of their actions and shared it on social media. The incident, which took place in a village under the Kurawali police station area, came to light after the video went viral.

According to the police report filed by the victim’s mother, the two accused, Mahavir Yadav (50) and Navinchandra Yadav (40), threatened and pulled the girl into a field where they took turns raping her. Frightened, the girl initially didn’t tell anyone, but the video’s spread forced her to reveal the ordeal to her family, The Mooknayak reported.

On the complaint of the victim’s mother, a case of gang-rape has been registered against both the accused at Kurawali police station. The police have formed two teams to arrest them. The incident has also sparked social and political outrage.

Bhim Army Chief Chandrashekhar Azad condemned the incident on social media platform X, stating, “This is the result of feudal, social, and caste-based oppression.”

He demanded the immediate arrest of the accused, additional legal sections for making and circulating the video, and a fast-track trial to ensure quick punishment.

Prayagraj: Custodial death in Prayagraj, PIL filed in High Court

The death of a Dalit man, Hira Lal, in police custody at Nawabganj police station in Prayagraj is also under scrutiny. While the police claim he died of a heart attack, his family alleges he was tortured to death in the police station. The Allahabad High Court is hearing a Public Interest Litigation (PIL) seeking an investigation into the matter.

The petitioners have demanded ₹25 lakh in compensation for the family and a High Court-monitored investigation.

According to the lawyer for the petitioners, Charlie Prakash, “This is a case of brutal custodial death and murder by the police within the police station premises, in violation of Article 21 (Right to Life and Personal Liberty).” The High Court has directed the state government to file a response within two weeks. It is alleged that Hira Lal’s body was not handed over to his family and was cremated by the police at Daraganj Ghat, as The Mooknayak reported.

Amroha: A Dalit youth was attacked with a sword for objecting to alcohol consumption outside his home

Another case of caste violence has surfaced in the Bachhraun police station area of Amroha, where a Dalit youth was attacked with a sword for objecting to alcohol consumption outside his home. The incident took place on August 17 when Shivam Singh, a resident of Musallepur village, asked a group of men led by Siddhant Devra not to drink outside his house.

Enraged, the accused summoned more associates and attacked Shivam and his father. The sword attack on Shivam severed a vein in his hand, leaving him critically injured. He was hospitalised for 15 days, and doctors have stated that the damaged vein will no longer function.

Azad Samaj Party chief Chandrashekhar Azad raised the matter on social media platform X, demanding the immediate arrest of the accused and warning of a mass protest if strict action is not taken.

The events in Mainpuri, Prayagraj, and Amroha represent not only physical violence but also a grave violation of human rights. There is a need for strict action in these cases to ensure that the perpetrators are punished and the victims receive justice. It is time for both the government and society to work together to address this serious issue and ensure that no one has to face violence and oppression because of their caste.

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