This judgment demonstrates a narrowing of the SC/ST Act’s scope, potentially setting a dangerous precedent that could weaken its protective intent.  

The incident and the court’s findings  

According to the prosecution, on January 21, 2011, the second respondent, accompanied by other officials, visited a site to identify encroachments allegedly made by petitioner No. 1, Achal Singh, on public land. During the site measurement, the petitioners reportedly objected to the process and allegedly hurled abusive terms such as “Bhangi,” “Neech,” “Bhikhari,” and “Mangani” at the informant and others. They were also accused of committing physical assault.

“In the case on hand as referred above, the words used were not caste name nor there is allegation that the petitioners were known to the caste of the public servants, who had gone to remove the encroachments. Moreover, it is crystal clear on bare perusal of allegation that the petitioners were not intending to humiliate the…persons for the reason that they were members of Schedule Caste and Schedule Tribes rather act of the petitioners was in protest against the action of measurements being wrongly done by the public servants“. (Para 12)

Following an investigation, the police determined that the allegations were unfounded and submitted a negative report. However, upon the filing of a Protest Petition, the court took cognisance of the matter, and charges were subsequently framed against the petitioners.

The court, however, found the evidence insufficient to sustain these charges. Justice Kumar noted, “The words used were not caste name[s], nor is there [an] allegation that the petitioners were known to the caste of the public servants.” The court emphasised that the police investigation had already dismissed the allegations as untrue, with no independent witnesses to corroborate the complainant’s account. Furthermore, the court observed that the altercation arose from the accused’s dissatisfaction with the officials’ actions and not from caste-based animosity.  

“Learned counsel contends that there is no iota of evidence that the petitioners had knowledge about the caste of the informant and others. There is no material that the incident took place in the public view. Only the prosecution party are witnesses of the incident. Learned counsel next contends that it is a case of flagrant abuse of the provisions of law because the incident did not take place for the reason that petitioners were intending to humiliate the informant and others for their being members of the Scheduled Caste or Scheduled Tribes rather the incident took place for unfair measurements to decide any encroachment allegedly made by the petitioners.” (Para 8)

The decision also drew upon the Supreme Court’s precedent in Ramesh Chandra Vaishya v. State of Uttar Pradesh & Anr., where similar charges were dismissed due to the absence of public witnesses and the lack of direct caste references. The court ruled that the essential ingredients of intent to humiliate and public view, as required by the SC/ST Act, were not met in this case.  

The role of intent and context in caste-based abuse  

Central to the court’s judgment was its reliance on the absence of intent to humiliate the complainant based on caste. The accused contended that their frustration with alleged procedural irregularities in land measurement led to the altercation, and the court accepted this explanation. However, this approach fails to account for the socio-cultural significance of the language used.  

Terms like “Bhangi” and “Neech,” though not explicit caste names, are loaded with casteist connotations and have historically been used to demean and marginalise Dalits. Their use in any context perpetuates caste hierarchies and reinforces systemic discrimination, regardless of the alleged intent. By focusing narrowly on the intent of the accused, the court overlooked the broader impact of such language on the complainant’s dignity and the collective trauma of marginalised communities.  

This reasoning risks creating a dangerous precedent, where the use of casteist slurs may be excused as long as intent cannot be conclusively proven. Such an interpretation undermines the SC/ST Act’s purpose of addressing the structural and often covert nature of caste oppression.  

Narrow interpretation of “Public View”  

Another critical aspect of the judgment was its reliance on the absence of independent witnesses to dismiss the charges. The court interpreted the SC/ST Act’s requirement of “public view” to mean that the incident must have been witnessed by uninvolved third parties. Justice Kumar noted, “Only the informant and its officials are witnesses of the incident; no independent witness has turned up to support [the claims].”  

This interpretation reflects a restrictive and problematic view of public view. Many acts of caste-based abuse occur in semi-public spaces, where independent witnesses may be unwilling to come forward due to fear of retaliation or societal pressures. In such contexts, requiring independent corroboration places an unfair evidentiary burden on the victim, discouraging them from seeking justice.  

The problematic role of police investigations  

The court’s heavy reliance on the findings of the police investigation raises further concerns. The police had earlier dismissed the allegations as baseless, but their report was challenged by the complainant, leading to charges being framed. Justice Kumar’s acceptance of the police report as conclusive evidence overlooks systemic issues within law enforcement, where caste-based atrocities are often underreported or trivialised.  

The SC/ST Act was enacted precisely because of the entrenched biases within the criminal justice system, which often fail to address the grievances of marginalised communities. By leaning heavily on the police investigation without critically examining its methodology or potential biases, the court risked undermining the Act’s protective framework.  

Implications for the SC/ST Act  

The dismissal of charges under the SC/ST Act in this case reflects a broader trend of judicial interpretations narrowing the scope of the law. While the Act was designed to protect vulnerable communities from systemic discrimination, judgments like this one demonstrate how procedural hurdles and technicalities can erode its efficacy.  

By focusing on the absence of intent and public witnesses, the court’s decision risks emboldening those who perpetuate casteist behaviour. It also sends a discouraging message to victims, who may perceive the legal system as being indifferent to their lived experiences of discrimination.  

At a time when caste-based atrocities are on the rise, as evidenced by increasing reports from across India, the SC/ST Act’s robust enforcement is critical. Diluting its provisions through narrow interpretations not only weakens its deterrent effect but also undermines the broader fight for social justice and equality.  

The judgment underscores the urgent need for a more contextual and empathetic approach to cases involving caste-based discrimination. While procedural safeguards are necessary to ensure fairness, they should not come at the cost of justice for victims of systemic oppression. Courts must recognise that casteist abuse often occurs in subtle and insidious ways that do not always align neatly with rigid legal definitions.  

A broader interpretation of terms like “public view” and a more nuanced understanding of the socio-cultural impact of casteist language would better serve the SC/ST Act’s intent. Such an approach would not only uphold the law’s protective spirit but also affirm the judiciary’s commitment to safeguarding the dignity and rights of marginalised communities.  

In conclusion, while the Rajasthan High Court’s judgment raises troubling questions about its implications for caste justice. Moving forward, it is imperative that courts adopt a more comprehensive framework that balances procedural integrity with the broader goals of equality and social justice. Only then can the SC/ST Act remain a meaningful tool in the fight against caste-based atrocities.  

The complete judgment can be read here:

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The post Rajasthan HC finds no caste intent in words like ‘Bhangi’, ‘Neech’, ‘Bhikhari’, ‘Mangani’, drops SC/ST Act charges appeared first on SabrangIndia.

In his letter, Mevani alleged that Kumari, a senior bureaucrat in Gujarat, made discriminatory and derogatory comments about marginalised communities, especially Dalits and Adivasis, during an official government meeting. According to Mevani, the incident occurred on October 23 during the “Taluka Swagat Karyakram,” a public grievance redressal program under Gujarat’s SWAGAT (State-Wide Attention on Grievances by Application of Technology) initiative.

Mevani cited a recorded video as evidence, claiming it captures Kumari saying that 90% of cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, commonly known as the Atrocities Act, are used for blackmail rather than legitimate grievances. Mevani described these remarks as “appalling” and “casteist,” noting that they show disdain and disrespect for marginalised communities. He argued that Kumari’s statements go beyond mere insensitivity, instead representing a blatant violation of Section 3(1)(r) and Section 3(1)(s) of the Atrocities Act, which prohibit public servants from intentionally insulting or intimidating Schedule Caste/Schedule Tribe individuals. Under these sections, any form of humiliation, abuse, or threat against Scheduled Caste or Scheduled Tribe members by a public servant in a public space is considered a criminal offense, punishable by imprisonment and fines.

The letter further described Kumari’s derogatory language toward lawyers, who she reportedly said should be “slapped with slippers” if they support such grievances. Mevani argued that such remarks from a high-ranking official undermine the dignity of both SC/ST communities and legal professionals, whose role is to advocate for the marginalised. He requested that the President take immediate action to suspend Kumari and investigate her conduct, stressing that this behaviour reflects a broader pattern of casteist and patriarchal attitudes within the bureaucracy that must be addressed at the highest levels.

Mevani took to social media to put out the letter addressed to the President, stating “Request to His Excellency the President demanding the arrest of IAS Neha Kumari. On 23rd October, Gujarat’s Mahisagar district collector Neha Kumar (IAS) insulted a Dalit youth Vijay Parmar on the stage of a government program by saying, “You deserve to be beaten with a chappal, you bastard.” She said about lawyers, “They do the work of getting beaten with chappals” and also displayed her casteist thinking by saying that 90% of the atrocity cases are done for blackmailing! The use of these words is definitely worth filing an FIR under the Atrocities Act. Therefore, today a letter was written to His Excellency the President demanding to permanently dismiss Neha Kumari from her job and to register an FIR against her and ensure her immediate arrest.”

IAS नेहा कुमारी की गिरफ्तारी की मांग करते हुए महामहिम राष्ट्रपति जी की सेवा में निवेदन।

23 अक्टूबर को गुजरात के महिसागर जिले के कलेक्टर नेहा कुमार (IAS) ने सरकारी कार्यक्रम के मंच पर से दलित युवक विजय परमार को ” चप्पल से मारने के लायक है, हरामी साला” यह कहकर अपमानित किया। वकीलों… pic.twitter.com/Y1tWAZQ0Qg

— Jignesh Mevani (@jigneshmevani80) November 6, 2024

The letter may be read below:

Mevani has also demanded of the Gujarat government to immediately suspend Collector Neha Dubey if they do not endorse her statement. Mevani also demanded that a case be filed against the collector under the SC/ST (Prevention of Atrocities) Act. His stance is also being supported by Gujarat Scheduled Castes Congress President Hitendra Pitharia who has raised the demand for the filing of an FIR against the collector by visiting the police station. As per a report of The Mooknayak, Pitharia said that when people in administrative positions harbour such casteist mindsets, it is distressing to imagine how ordinary Dalits and tribals will be treated. He called for the immediate suspension of Collector Neha Kumari and strict action against her.

Details of alleged casteist and unprofessional behaviour

The core incident, as provided by Mevani, occurred on October 23, 2024 during a SWAGAT program at the Mahisagar District Collectorate. This initiative, established by the Gujarat government, aims to address public grievances directly by allowing citizens to present issues to district officials. Vijay Parmar, a Dalit person, attended the event to raise grievances on behalf of marginalised communities. During his interaction with the Collector, Parmar reportedly recorded the conversation, capturing Kumari’s allegedly offensive remarks.

She made the contentious statements in her office before Parmar, a Dalit law student, whose video of the incident is now circulating widely. In the video, the collector reportedly described 90% of atrocity cases as “tools of blackmail” and stated that most women also file false cases under Section 498A. Additionally, she commented on lawyers, saying they deserve to be “hit with slippers.”

In the video, Kumari allegedly commented that marginalised communities, particularly Dalits, misuse the Atrocities Act to blackmail members of the general caste, thereby casting SC/ST individuals in a negative light. Mevani highlighted that such statements from a government officer overseeing public welfare and grievance redressal display deep-seated bias and perpetuate harmful stereotypes against SC/ST communities. Additionally, he noted that Kumari’s dismissive attitude toward Parmar’s grievances, coupled with her disparaging remarks about the legal profession, conveyed contempt for both the rights of marginalised people and the legal mechanisms designed to protect them.

Mevani also pointed out an incident where one of Kumari’s subordinates attempted to confiscate Parmar’s mobile phone on her instructions, seemingly to prevent him from recording the conversation. According to Mevani, this action demonstrated an authoritarian and non-transparent approach to governance, raising questions about the accountability of public servants. He emphasised that, contrary to any justification provided by Kumari’s office, there is no law prohibiting citizens from recording their interactions with government officials. He argued that the attempt to seize Parmar’s phone exemplified the excessive control that some bureaucrats exercise, stifling the voices of those seeking justice.

The video of the said incident may be viewed here:

https://x.com/jigneshmevani80/status/1851528836829085801

it is crucial to note that Mevani’s letter to the President was preceded by public demands he made on October 30 for Neha Kumari’s suspension. During a visit to Lunawada, the district headquarters, Mevani called for an FIR to be filed against Kumari under the Atrocities Act for her “insensitive” and “unparliamentary” language. He publicly condemned her alleged statement that 90% of cases filed under the Atrocities Act are intended for blackmail, asserting that such views demean SC/ST communities and undermine the purpose of protective legislation for historically marginalised groups.

Mevani’s appeal to the President thus represents a call for accountability and transparency within the government. He argued that the alleged casteist and authoritarian behavior by bureaucrats like Kumari must be addressed to maintain public trust in the administration. The letter underscores Mevani’s commitment to protecting SC/ST communities from bias and discrimination within the public sector, particularly when these groups seek redressal for grievances.

लुनावाडा के कलेक्टर द्वारा एट्रोसिटीज एक्ट पर की गई विवादित टिप्पणी के खिलाफ कल विरोध प्रदर्शन। pic.twitter.com/IQEYrUfXv5

— Jignesh Mevani (@jigneshmevani80) October 29, 2024

Neha Kumari’s response to the allegations raised by MLA Jignesh Mevani

As per multiple media reports, Neha Kumari dismissed Mevani’s claims as a “political stunt” aimed at gaining publicity. She defended her conduct, stating that Vijay Parmar, whom Mevani described as a “poor, innocent young friend,” has a criminal background, with police cases filed against him and serious allegations against his brother, including charges of rape, kidnapping, and assault. According to Kumari, Parmar and his family members frequently visit her office with grievances, often pressuring her to act outside her legal authority. At the SWAGAT program, Kumari claimed, Parmar demanded that she file a case against police officers, despite her explanation that such matters should be addressed with the Superintendent of Police (SP) or in court.

Kumari further stated that Parmar threatened her, warning her about his knowledge of Section 4 of the Atrocities Act, seemingly to intimidate her based on her caste identity. She argued that such actions constitute an abuse of the Act, as it was designed to protect genuine victims, not to be misused for personal vendettas. Kumari criticised Mevani’s support for Parmar, contending that it risks undermining law and order by encouraging individuals with criminal records to exploit the system. She claimed that the alleged misuse of the Atrocities Act complicates the pursuit of justice for legitimate victims, as it fosters skepticism among officials and distracts from genuine cases.

Relevant legal provisions applicable to the IAS Officer’s alleged conduct

The allegations against Mahisagar District Collector Neha Kumari, as described by MLA Jignesh Mevani, could potentially attract several legal provisions under Indian law due to her alleged casteist and derogatory comments, unprofessional behaviour, and attempts to obstruct public grievance redressal. The following are key legal provisions that may be relevant in this context:

1. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, commonly known as the Atrocities Act, is intended to prevent discrimination, humiliation, and violence against members of SC/ST communities. The Act includes specific sections that criminalise any attempt by public servants to intimidate, insult, or humiliate SC/ST individuals, which are as follows:

• Section 3(1)(r): This section makes it an offense for any person to intentionally insult or intimidate, with the intent to humiliate, a member of a Scheduled Caste or Scheduled Tribe in any place within public view. In specific to this case, Kumari’s alleged remarks about SC/ST individuals misusing the Atrocities Act for blackmail and her casteist language during an official program could fall under this section. Since her comments were intended to demean or degrade SC/ST members in a public space, this section may be held to be applicable.

• Section 3(1)(s): This section makes it an offense to abuse or intimidate SC/ST individuals in any public place or within the jurisdiction of a public servant with the intent to humiliate. Herein, the alleged insults directed at Vijay Parmar, a Dalit person, during the public SWAGAT program may be considered a violation of this section, especially if they were intended to demean his status or dignity in a public setting.

• Section 4: This section holds that any public servant who, not fulfilling their duty of protecting SC/ST individuals from atrocities or discrimination, neglects to perform their responsibilities, shall face penalties under the Act. As provided above, Mevani’s claim that Kumari did not adequately address Parmar’s grievances, coupled with her alleged casteist remarks, could be interpreted as a failure to perform her duty as a public servant tasked with ensuring equal and fair treatment for all citizens, including SC/ST individuals.

2. Bharatiya Nyaya Sanhita, 2023 

• Section 196: This section penalises any person who promotes enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and acts prejudicial to maintaining harmony. If Kumari’s alleged remarks were intended to incite prejudice or create enmity against the SC/ST community by labelling them as abusers of the Atrocities Act, this section might apply.

• Section 298: This section criminalises deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or religious beliefs. Though generally used in religious contexts, this provision might be invoked if Kumari’s comments are interpreted as a deliberate insult to SC/ST cultural dignity or social beliefs, although the link is more tenuous.

• Section 356: This section makes it an offense to harm the reputation of a person or group by making defamatory statements. Kumari’s alleged comments may be seen as defaming SC/ST communities, casting them in a negative light by generalising them as blackmailers under the Atrocities Act, which may tarnish their reputation and dignity.
• Section 351: This section punishes intentional insult with the intent to provoke a breach of peace. If Kumari’s alleged comments were perceived as insults with the potential to incite anger or disrupt public order, she could be liable under this section.

3. Service Conduct Rules for Civil Servants

IAS officers are governed by the All India Services (Conduct) Rules, 1968, which outline the expected code of conduct for civil servants. Allegations raised against Kumari shows that she was in violation of the following:

• Rule 3: This rule emphasises that every member of the Service should maintain high ethical standards, act with integrity, and avoid any actions that could be interpreted as discriminatory or abusive.

• Rule 3(1)(iii): Specifically mandates that an officer should avoid comments or actions that are discriminatory or create any form of social divide.

In summary, the allegations levelled by MLA Jignesh Mevani against Collector Neha Kumari could potentially trigger multiple legal actions, particularly under the SC/ST (Prevention of Atrocities) Act, the Bharatiya Nyaya Sanhita, and civil service conduct rules. If proven, her conduct might not only attract criminal penalties but could also result in disciplinary action under service regulations, reinforcing the principle of accountability for public servants in India. However, even getting a FIR registered in her name even after having video proofs seems to be a difficult task at the moment.

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The post Suspend Collector Neha Dubey, file cases against her for abusive anti-Dalit remarks under SC/ST (Prevention of Atrocities) Act: MLA Mevani to President Murmu appeared first on SabrangIndia.

Introduction

Despite efforts to redefine these identities, with, for example Mahatma Gandhi’s introduction of the term “Harijan,” meaning “children of God,” the stigma persists. The term has often been underlined through a normalization, further entrenching discrimination. Other abusive terms targeting Dalits, such as “Bhangi,” “Chamar” and “Quota Khane Wale” not only demean individuals but also perpetuate a cycle of segregation and inequality. These derogatory terms reinforce societal hierarchies, leading to systemic discrimination and social ostracism. The societal sanction behind the use of such language fosters an environment where Dalits are targeted, marginalised, often resulting in boycotts from local communities, leading to both social and economic exclusion.

The repercussions extend beyond an individual humiliation or insult; they contribute to ghettoization and reinforce the stigma surrounding Dalit identities. Understanding the profound impact of these slurs is essential in dismantling the structures of inequality that continue to affect millions.

Common derogatory phrases, such as “Kya Bhangi Ki Tarah Kapde Pahna Hai?” (Do you wear clothes like a Bhangi?), “Bhangi Ki Tarah Lag Rahe Ho” (Commenting on someone’s unusual attire.) highlight the ongoing prejudice and stereotype against the Dalits. These stereotypes portray Bhangis as inherently “dirty,” and “Impure” fit only for menial labour, and lacking in intellect, reinforcing systemic oppression through the derogatory vocab. The linguistic and cultural marginalization faced through these slurs exemplifies the broader challenges confronting Dalits in their struggle for dignity and equality in a caste-driven society.

Abuse against Dalits:

Stereotypes and slurs against Harijans (Dalits) and Bhangis (a term often used for certain groups within the Dalit community) reflect deep-seated prejudices and can vary regionally. Here are some common stereotypes and derogatory phrases associated with these groups:

Phrases reflecting this stigma include:

• “Kya Bhangi Ki Tarah Kapde Pahan Rakhe hai?” (Referring to someone wearing awkward clothing.)
• “Bhangi Ki Tarah Lag Rahe Ho” (Commenting on someone’s unusual attire.)
• “Ye kaam sirf mehtar ka hai” (Implying that a task is fit only for a sweeper.)
• “Mujhe Bhangi Jaisa Nahi Dikhna” (Expressing a desire not to appear like a Bhangi.)

Stereotypes:

1. Impurity: The belief that Harijans and Bhangis are inherently “dirty” or “impure,” leading to social ostracism.
2. Menial Work: The stereotype that they are only fit for low-status jobs, such as sweeping, cleaning, or manual labour.
3. Criminality: The unfounded assumption that members of these communities are more likely to engage in criminal behaviour.
4. Ignorance: The belief that they are uneducated or incapable of intellectual achievement due to systemic barriers.
5. Cultural Inferiority: The idea that their traditions and lifestyles are inferior to those of higher castes.

Normalisation of casteist slurs and the severe damage to Dalit’s identity:

This normalization of derogatory language perpetuates systemic oppression, marginalising Dalits both linguistically and culturally. Historically, the term “Bhangi,” associated with one of the lowest sub-castes of Valmiki, translates to “broken identity” and reflects the derogatory nature of its usage. This label is commonly applied to individuals traditionally tasked with scavenging and cleaning work. Throughout history, certain castes in India have been relegated to occupations deemed “impure,” including sweeping and handling dead bodies. As a result, communities labelled as Bhangi, along with others like Mehtar and Chamar, Dedh etc., occupy the lower echelons of the social hierarchy and are officially recognized as Scheduled Castes in India.

Similarly, the term “Chamar,” once associated with skilled leather workers, has been weaponized into a derogatory label, inflicting significant damage on Dalit identity. Phrases like “Kya Chamar Jaisa Kapde Pahna Hai?” (Do you wear clothes like a Chamar?) and “Ye Chamaaro Ka Ghar Hai” (This house belongs to Chamars) reinforce harmful stereotypes that equate caste with inferiority. This transformation from a caste identifier to an insult illustrates the social stigma attached to the Chamar community, perpetuating a narrative of humiliation and exclusion. Additionally, the slur “Chori-chamari Na Karna” (Don’t steal like the chamars) shows the negative associations, linking criminality to an entire community.

The Supreme Court’s observations in Swaran Singh & Ors. vs. State thr’ Standing Counsel & Anr. (2008) 12 SCR 132 underscore the term “Chamar” offensive nature, emphasizing that its use is not merely about caste but a deliberate act of derogation.

Notably, Justice Markandey Katju in Swaran Singh (Supra) observed that;

“21. Today the word ‘Chamar’ is often used by people belonging to the so-called upper castes or even by OBCs as a word of insult, abuse and derision. Calling a person Chamar’ today is nowadays an abusive language and is highly offensive. In fact, the word Chamar’ when used today is not normally used to denote a caste but to intentionally insult and humiliate someone.

“23. Hence, in our opinion, the so-called upper castes and OBCs should not use the word Chamar’ when addressing a member of the Scheduled Caste, even if that person in fact belongs to the Chamar’ caste, because use of such a word will hurt his feelings.”

Similarly, the Meghwal community, a specified Scheduled Caste in Rajasthan, Haryana and Gujrat known for their expertise in weaving, embroidery, and traditional crafts, faces systemic oppression through the derogatory casteist slur “Dedh“, originating from Sanskrit “Dhed” (washer/cleaner), like “saale dedh” (a slur used for SCs, especially Meghwals), “dedho ke guru” (to refer to Dr B R Ambedkar), “aukat dikha di” (showed them their place), “dhari bichhane wale” (to refer to Dalits who are tasked with spreading family bedding on the floor), reflect a broader cultural devaluation of Dalit identities, fostering a sense of inferiority, These damaging narratives not only fragment community solidarity but also obstruct pathways to dignity and empowerment, making it imperative to challenge and dismantle such derogatory language.

Moreover, contrary to popular belief, caste oppression is not limited to those from the most privileged category of castes; it is also perpetuated by communities classified as Other Backward Castes (OBCs). This highlights the complexity of caste dynamics, where discrimination can arise from various social groups, complicating the narrative of privilege and oppression.

Casteist Slurs in daily life: ongoing impact on Dalit community

Casteist slurs permeate daily life, leading to significant repercussions for Dalit communities. In 2017, the Supreme Court of India declared that calling people ‘dhobi’ or ‘harijan’ was offensive. Dhobi is used as a generic name for all washermen. The term Dhobi is mostly used to denote the Washerman. Generally Muslim washermen are identified by the term Hawari and, in West Bengal they have been recognised as an Other Backward Class.

The derogatory and casteist phrases such as “Dhobi Ka Kutta, Na Ghar Ka Na Ghat Ka” reduce individuals to a state of limbo, stripping them of dignity and belonging. Similarly, the slur “Kameena” carries connotations of low character, reinforcing negative stereotypes about certain communities by using the slur “Kitna Kamina Insan hai” (What a low person he is!).

Terms like “Kanjar” reflect the marginalisation faced by a nomadic ethnic group, framing them as untrustworthy and criminal through derogatory phrases that perpetuate Dalits in undignified manner while includes the casteist slur like “Kya Kanjarkhana Bana Rakha Hai” (What kind of brothel have you set up?) “Kanjarkhana Khol Rakha Hai” (You have opened a brothel.)

Many misconception and fake narratives that Kanjars are inherently dishonest or involved in criminal activities, which supports social discrimination. Additionally, the Kanjar cast categorised as the Scheduled Cast in Rajasthan, Bihar, UP, Jharkhand, MP, West Bengal, Chhatisgarh, Uttarakhand and Delhi.

In Punjab, the term “Chura” serves as a casteist slur for Dalit Sikhs, also known as Mazhabi (Balmiki Mazhabi), a Scheduled Cast in Punjab, with real-world consequences such as restrictions on entry to gurudwaras and segregation during Langar (community meal). Likewise, “Pallan” in Tamil Nadu is used not only to denote a caste but also as an insult, which is legally recognized as an offense under the SC/ST Prevention of Atrocities Act. Overall, these terms encapsulate a broader pattern of linguistic discrimination.

Justice Markandey Katju observed in Para 10 of the Judgement in Arumugam Servai vs. State of Tamil Nadu, [SLP (Crl.) No. 8084 of 2009] that “It is just unacceptable in the modern age, just as the words ‘Nigger’ or ‘Negro’ are unacceptable for African-Americans today (even if they were acceptable 50 years ago,”

Boycott as a weapon: the cost of survival for Dalits

It’s not strange and unfamiliar in  our surrounding that when a Dalit rape victim lodges a complaint against an accused from the privileged castes, the repercussions often extend beyond the immediate trauma of the crime. In many instances, the Dalit victim’s family faces severe social boycott, fine, ban on temple entry, beating up and expulsion from their community and village, enforced by local “Panchayats.” These informal councils may impose fines on the victim’s family, further entrenching their marginalization. The cost of survival for Dalits is disproportionately high, as they navigate not only the trauma of violence but also the stigma and repercussions of seeking justice.

Just a month before, in September, 2024, 50 Dalit families faced social boycott in Karnataka’s Yadgir for pursuing a POCSO complaint against an accused belonging to an upper caste and in a similar incident occurred in Karnataka village people from Lingayat and Caste Hindu communities were imposed a ban on Dalits from entering their localities after they brutally assaulted 28-year-old Dalit youth, Arjun Madar. In Andhra Pradesh a 55-year-old mother from Dalit community tied to a tree and thrashed as her son married a girl from another caste. These incidents starkly illustrate a criminal mind set and deep-seated bias against the Dalit community.

A detailed report of Sabrang India can be read here

Casteist propaganda perpetuated a negative stereotype about Dalits, reinforcing their status as “untouchables” that led to normalization of derogatory words against the Dalits and as a tool of segregation. This long-standing social hierarchy devalues the dignity of Dalit individuals, leading many to choose silence over the risk of ostracism. The interplay of violence, social stigma, and economic penalties creates a vicious cycle that traps Dalits in a system of oppression from a period of time despite the enforcement of stringent laws like the Schedule Caste/ Schedule Tribes (Prevention of Atrocities Act), 1989 was introduced to combat persecution and discrimination against Dalits and Adivasi (tribal) people.

Citizens for Justice and Peace (CJP)’s “Is Caste name calling not an offence under the SC/ST Act? may be read here.

Misconception of unworthiness: the slur “Quota Khane Wale”

The slur “quota khane wale” (these “quota people” are stealing our seats) epitomizes the misconception that Dalits are unworthy recipients of affirmative action through reservation on the basis of caste. This derogatory label implies that their achievements are solely the result of quotas rather than merit, reinforcing harmful stereotypes and societal biases. By dismissing the struggles and contributions of Dalits and the historical untouchability and injustice faced by the members of Dalit community, this language perpetuates anger and prejudice against the Dalits. Such rhetoric not only undermines the purpose of reservations—designed to rectify historical injustices—but also devalues the talents and efforts of individuals within the Dalit community.

Uttar Pradesh tops in cases of Dalit atrocities

The SC/ST Prevention of Atrocities Act reports thousands of cases annually. Normalizing derogatory language fuels this violence, making it imperative to challenge and dismantle such language to promote dignity and safety for Dalit communities.

As reported in Sabrang India, States ruled by the Bharatiya Janata Party (BJP) top in high number of cases registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (PoA Act) in the year 2022. A union government report published by the Ministry of Social Justice and Empowerment reveals that Uttar Pradesh, reported a staggering 12,287 cases accounting for 23.78% of the total 51,656 cases registered under the PoA Act (97.7 % atrocity cases against Dalits). Following this, Rajasthan and Madhya Pradesh are positioned on top in registration of cases of atrocities against Dalits. The report’s findings are a grim reminder of India’s ongoing struggle with caste-based violence and discrimination against marginalised communities.

The union ministry report also reveals that, 52,866 cases of atrocities against Scheduled Castes (SCs) and 9,725 cases of Scheduled Tribes (STs) were registered in year 2022 under the PoA Act. The majority of these cases, a staggering 97.7%, were recorded in just 13 states, with BJP-ruled Uttar Pradesh, Rajasthan, and Madhya Pradesh topping the list. In 2022, out of 51,656 cases registered under the PoA Act, Uttar Pradesh reported 12,287 cases accounting for 23.78% of the total 97.7 % cases of atrocities against Dalits in 2022 was reported in 13 states. Following this, Rajasthan reported second highest atrocities cases of Dalits with 8,651 cases (16.75%), while Madhya Pradesh had 7,732 cases, making up 14.97%. Other states with a significant number of cases include Bihar with 6509, Odisha with 2902 cases and Maharashtra with 2276 cases.

Full report of Sabrang India may be read here.

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The post From Slur to Segregation: the language of abusive stigma, sketches concentric circles of rank exclusion for India’s Dalits appeared first on SabrangIndia.

Historical figures like Jotirao Phule and Bhimrao Ambedkar have highlighted the exploitation experiences of marginalized groups, which led to upper-caste organizations promoting ideas of a glorious Hindu past and the concept of a Hindu nation, drawing from the values propagated in the Manusmriti.

In recent years, particularly under the influence of the Rashtriya Swayamsevak Sangh (RSS), a narrative has emerged portraying all castes as equal. RSS ideologues have produced numerous publications that assert an egalitarian history among different castes.

Nevertheless, some RSS leaders attribute the emergence of Dalits and tribal communities to “Muslim invasion” during medieval history. Bhaiyyaji Joshi, a prominent figure within the RSS, argues that the category of ‘shudras’ was never synonymous with untouchables in Hindu scriptures, claiming that so-called “Islamic atrocities” gave rise to this social stratification. He elaborates that historical foreign invaders forced Hindu communities into degrading labor, perpetuating a caste engaged in tasks like skinning animals as a punitive measure.

Amidst the rising calls for a caste census, there is an orchestrated effort to recast the caste system in a favorable light, portraying it as a protective structure of Hindu society. An article in the RSS publication Panchjanya, penned by Hitesh Shankar on August 5, 2024, asserts that foreign aggressors failed to dismantle the caste system and that it has been integral to maintaining the well-being of the nation. The piece even references former Bombay Bishop Louis George Milne, suggesting that caste is inherently tied to both social structure and religious identity.

Shankar’s article posits that just as missionaries once criticized caste, the Indian National Congress (INC) – likened to the colonial East India Company – similarly perceives it as a societal impediment. It suggests that those invaders could not breach the “caste fortress,” instead relegating upper-caste individuals to menial tasks, an assertion the author argues lacks historical grounding.

Ambedkar famously denounced the Manusmriti, while the RSS promotes its values of caste inequality

However, this perspective is rife with inaccuracies. The caste system, as delineated in the Manusmriti, predates foreign invasions and laid the groundwork for practices of untouchability and manual scavenging, steeped in notions of purity and pollution. Works like the Narada Samhita and the Vajasaneyi Samhita explicitly describe roles and duties tied to caste hierarchies, including tasks involving sanitation.

Dr. Ambedkar, a key advocate for the rights of the oppressed, viewed caste as a Brahminical constriction on society and called for its complete eradication. In stark contrast to the pro-caste sentiments expressed in the RSS’s narrative, many radical Dalit scholars and activists identify the caste system as a grave ailment of Hindu society.

While the call for proportionate representation and a caste census is viewed as a threat by Hindu nationalists led by the RSS, its roots can be traced back to the historic Poona Pact between Gandhi and Ambedkar. The caste census eventually found its place within the Indian Constitution, even as opposition efforts have historically manifested through violence, such as the riots in Ahmedabad in the 1980s.

The claim is that the INC is merely a vestige of the East India Company and its founder, A.O. Hume, is a distortion of history. Key figures in the INC, from Lokmanya Tilak to Gandhi, actively resisted British colonial rule. Grassroots organizations, such as the Madras Mahajan Sabha and the Bombay Association, sought platforms to voice their demands, eventually aligning with the INC to champion the aspirations of a burgeoning national consciousness.

The INC evolved to call for ‘Total Independence’ and the ‘Quit India’ movement. Its agenda included social justice principles championed by Ambedkar, a stark contrast to the RSS’s hierarchy-defending ideology.

In conclusion, the divergence between Ambedkar, who fought for the equitable ideals embedded in the Indian Constitution, and the RSS, which advocates for Hindu nationalism and caste hierarchy, remains profound. Ambedkar famously denounced the Manusmriti, while the RSS promotes its values of caste inequality.

Ambedkar’s role in drafting the Indian Constitution stands in opposition to the long-standing resistance from the RSS, reflecting deep ideological divides in contemporary Indian society.

Author is Political commentator

Courtesy: CounterView

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The RSS leaders claimed that these castes had come into existence due to atrocities by foreign invaders and did not exist in Hindu religion earlier. “Three top RSS leaders have sought to attribute the genesis of Dalits, tribals and many other groups to “Muslim invasion” in medieval times.” According to Bhaiyyaji Joshi, a top leader in RSS hierarchy, ‘shudras’ were never untouchables in Hindu scriptures. ‘Islamic atrocities’ during the medieval age resulted in the emergence of untouchables, Dalits. Joshi further elaborated, “To violate Hindu swabhiman (dignity) of Chanwarvanshiya kshatriyas (a caste in Hinduism), foreign invaders from Arab, Muslim rulers and beef-eaters, forced them to do abominable works like killing cows, skinning them and throwing their carcasses in deserted places. Foreign invaders thus created a caste of charma-karma (dealing with skin) by giving such works as punishment to proud Hindu prisoners.”

Now carrying on from here there is a renewed attempt to present the caste system in a positive light and as a saviour of this nation (Hindu). As the demand for caste census is picking up RSS’s mouthpiece Panchjanya in its August 5 (2024) has published an article by Hitesh Shankar (HS), “A Netaji: Kaun jaat ho” (Oh Leader, to which caste you belong). This article argues that the foreign aggressors could not break the caste curtains and so could not do the conversions. The caste has the major basis of Hindu society and has kept the nation in the pink of health despite the foreign aggressors. This article approvingly quotes an earlier ex-Bishop of Bombay, Louis George Milne’s book, ‘Mission to Hindus: A contribution to the study of Missionary methods’. The quote is “…then it (caste, added) is necessarily a part of social structure. Still for all practical purposes it constructs religion for millions…It acts as a link between one’s nature and Religion.” (Translated from Hindi Article).

As per the author what was pinching the Missionaries then is pinching the Indian National Congress (INC) which is the inheritor of East India Company and Lord A O Hume. Further it points out that as the aggressors could not break the caste fortress they (Muslims) forced the uptight castes for manual scavenging; as such there is no mention of this system in earlier society. As per the missionaries they attribute backwardness of society to the caste system. As per the HS, like British, INC also looks at the caste as a thorn in the system.

This article is a compilation of a bundle of the lies. To begin with the caste system was articulated strongly in Manusmriti (2^nd Century AD, much before foreign aggressors came) and many Holy books stated that the low caste should remain away from the upper caste and this was the root of untouchability, and manual scavenging is the expression of the same. This is inherent in purity-pollution practices and also in the theories of rebirth. Earlier references of this are found in Narada Samhita and Vajasaneyi Samhita. In Narada Samhita 15 duties listed for untouchables, one is the removal of human excreta. In Vajasaneyi Samhita, Chandals are referred to as slaves engaged in disposal of Human excreta.

Dr. Ambedkar viewed caste as a Brahminical imposition on society. While the whole article of RSS mouthpiece is singing praise for the caste system. Radical Dalit intellectuals and activists have seen this as a major ill of Hindu society. It is here that Ambedkar in several of his writings calls for ‘annihilation of caste’.

While proportionate representation and caste census is an eyesore for Hindu Nationalists, led by RSS, its beginnings are in Poona Pact between Gandhi and Ambedkar and later it found its place in Indian Constitution. To oppose this in subtle and direct forms there were riots in Ahmedabad in 1980 and then 1985. Ram Temple movement became more aggressive when Mandal Commission recommendations were implemented in 1990.

As far as INC being an inheritor of East India Company and Hume’s legacy is concerned, this is a concoction which only those can formulate who were away from Freedom Movement and now are opposed to the idea of India as a plural; diverse country. INC from Tilak to Gandhi was totally against the British rule of which Hume was a part. Hume conceived of it as a safety valve, it is alleged. Going deeper one will see that emerging India National organizations like, Madras Mahajan Sabha (founder Panapakkam Anandacharlu), Bombay Association (founder Jagannath Shankarshet) and Poona Sarvajanik Sabha  (founder M.G. Ranade) were looking for a political platform to reach their demands for British rule. They responded to this call of INC as they saw and did actualize to make it a national platform to put forward demands of emerging India. This initially called for opening centres of ICS in India, INC called for restrictions of landlords so that the captive labour power is released and demanded more facilities for rising industrialization.

The same organization (INC) in due course called for ‘Total Independence’ and ‘British Quit India’! The same Congress whom Panchjanya is targeting led the national movement, taking along the issue of social justice, which was strongly put forward by Ambedkar.

As such the contrast between Ambedkar, who represents the values of Indian Constitution, and RSS, which represents Hindu Nationalism, are stark. Ambedkar burnt Manusmriti; RSS upholds the values of caste inequality given in this holy book. Ambedkar drafted the Indian Constitution and RSS opposed it directly for a long time and indirectly at present!

Ram Puniyani is president of the Centre for Study of Society and Secularism.

The post Caste Imbroglio: Changing Narrative of Hindu Right appeared first on SabrangIndia.

Radical organisations, such as the Dalit Panther party, founded on the lines of Black Panther party of the US, who spoke for radical fundamental changes, ended soon after it was founded. The epicentre of such a decline in the social movement is the unhappiness of self-acclaimed Ambedkarites with the Marxists. The search for truth is yet to be initiated.

Today, it is more important than ever to discuss strategies to build for the annihilation of caste. The Rashtriya Swayamsevak Sangh (RSS) successfully distorted the political philosophy of Ambedkar by merely limiting him to a devotional cult to serve their narrow interests, which are specifically against the “minorities”. The appropriation of Ambedkar in their project of cultural homogenisation is a core tactic of RSS for its objective of a Hindu nation. This article deals with the issues and problems underlying within the prevalent discourse on “Ambedkarism” with the arguments of a rare intellectual– Anand Teltumbde.

Teltumbde is a prominent scholar, intellectual and human rights activist, who has contributed to the philosophy of the anti-caste movement. He is known for his critical analysis of present socio-political situations in India and convenient solutions to it. Apart from his social activism, he has authored groundbreaking books like Khairlanji: A Strange and Bitter Crop and Republic of Caste: Thinking Equality in the Time of Neoliberal Hindutva. Both these works concentrate on issues pertaining to caste and class in the Indian context.

Despite having made a consistent contribution to the theories on caste and class, Teltumbde has faced criticism from every section of Ambedkarites.

Teltumbde has a long professional career, hailing from a management and business background to penning books on caste, class and neoliberal Hindutva. It is due to his constant efforts to look for innovative solutions to the present-day socio-economic inequalities that he was incarcerated in the BK-16 case (Bhima Koregaon). He is now out on bail.

His views on the present social and political conditions in India are noteworthy due to his constant engagement with activism. He has argued for structural changes in the post- Ambedkar anti-caste movements. He attempts to choose dialectics to explain the social reality of caste. Dialectics are contradictions and in Marxist philosophy, it is the unity of opposites and the coexistence of contradictions that help one understand the development of history and social reality.

Another perspective has been provided by him to understand the caste hierarchy in the book, Political Economy of Caste in India.

Teltumbde appears to be one of the rare intellectuals speaking on prevalent issues and strategic changes while analysing the neoliberal state and its structures. Journalist Asim Ali writes in his essay “Talons Intact” that the  spectacles of violence unleashed by the Narendra Modi regime, “both by Hindutva mobs and the coercive arms of the State, must be analyzed, as Teltumbde had advocated, from a perspective of the political economy of caste, where caste and religious antagonisms are instrumentalized to maintain the sanctity of unequal structures of control helmed by the ruling classes “.

First, Teltumbde is critical of organisations based on caste lines. In post-Ambedkar India, there had been many political associations on the caste lines. These revolved around reservation, representation and assertion, thereafter leaving behind the objective of “Annihilation of Caste”.

Ambedkar was critical of such consciousness based on caste and sub-caste categories. For him, it was essential to eradicate such consciousness to get rid of individualism, irrationality and moral degradation. A comprehensive reading of the book, Annihilation of Caste, helps in understanding the social character of caste.

On the issue of such associations, Teltumbde states, “caste is a poison-ridden identity whose intrinsic property is to split like an amoeba; it can never be the basis of any convergence”.  Caste and its sub-categories have their own consciousness, therefore, it seems impossible to organise them on similar issues. It deals with rigidity and immobility. Consequently, it is status quoist, since it is the longest surviving human creation. Dalit, as a class, was only attempted and treated by the efforts of Babasaheb Ambedkar, who saw these categories as an “enclosed class.

In his “contemporary challenges before the anti-caste movement”, Teltumde says, “In Ambedkar’s times Dalits represented a relatively homogenous mass and shared a similar sense of deprivation. Today they are divided by multiple class lines and do not have the same angst to share. It poses a formidable challenge to bring together even all Ambedkarite Dalits on any issue except for the innocuous emotional ones as paying homage to Ambedkar”.

Political organisations based on caste-ridden hierarchy have failed to address the material reality. They are more concerned about history rather than “RealPolitik ”. The consequences are a “poverty of philosophy” in the Ambedkarite discourse affected by individualism. Merely acting on assertion cannot lead to annihilation. Teltumbde adds that he sees “no anti-caste movement in today’s India”. His position may be debatable, yet, it reflects a unique perspective.

In the same lecture. he stated, “The only lesson that this experience throws up is to shun the caste idiom and organize people along class basis. When I say such things, some Dalits jump on to typify me as a Leftist or Marxist, notwithstanding my oft-repeated explanation that I do not want to be typified by any such label. By calling others Leftist they license themselves to be on the side of the Rightist forces (and they are seen doing it) and by calling them Marxist, they merely display their ignorance of the basics of Marxism”.

The persistent enmity between communists and Ambedkarites has reached a stage where political parties, such as the Bahujan Samaj Party, choose to ally with the Bharatiya Janata party, and is hateful toward the communists. This enmity has only contributed to the decline of the subaltern section.

Large sections of Ambedkarites have reduced him merely to “constitutionalism and pragmatism”. This is a widely accepted criteria for one being the “Ambedkarite”, but when interrupted with Babasaheb’s quote, “If I find the constitution being misused, I shall be the first to burn it”, they are left unanswerable. Therefore, scholars like Teltumbde face quite a large opposition from a section of Ambedkarites and Hindutva forces. This growing enmity is also fueled by the political history of the communist movement in specific regions of India.

In the context of Bihar, we witnessed the most horrible killings of landless Dalit peasants by the Ranvir Sena. These upper caste private armies of semi-feudal Bihar were backed by the Indian state against the CPIM(L)s workers. Exactly, the same semi-feudal Bihar also saw the rise of CPI(M)’s stalwart leader Ajit Sarkar, who went on to become an MLA in Purnia four times until his assassination. One of my college friends, who hails from the Dalit community, says, “It is due to the land redistribution agitation led by Ajit Sarkar that he is able to study in Delhi University.” Land plays a significant role in determining one’s position in social hierarchy and power relations.

Prof Dilip Mandal recently tweeted that he is a “libertarian pragmatist”. Despite knowing that the victims of LPG (liberalisation-privatisaion-globalisation) reforms are largely people from the working class, he appears to support such individualism. He appears to be nursing a misconception that urbanisation and liberalisation can lead to emancipation.

The LPG reforms have isolated and alienated Dalits and. Also, the rising atrocities against Scheduled Castes and Scheduled Tribes are notable as a consequence of neoliberal India. The character of such atrocities is different from the historical injustices. The atrocities in a neoliberal state are structural. All the arms of the State promote killings of Dalits. The Khairlanji massacre is one such example in the past decade.

Teltumbde has explored the probable causes of Khairlanji in his bool. He says, “Every village in India is a potential Khairlanji”. We have seen the “commodification” of Dalit assertion and emotion by a handful of parasites. A range of non-Brahmin intellectuals place their “pseudo-intellectualism” on Twitter. Teltumbde’s reflection is crucial on this issue, “Technologies have created social media which is both a boon and bane. It is a boon insofar as it provides an easy communication channel which can greatly facilitate organisation. It is a bane otherwise. It easily fragments Dalits, reinforces individualistic tendencies, multiplies ignorance, reinforces prejudice, and dissuades physical activity.

For their shallow and narrow interests, pseudo-Ambedkarites tend to sell their spine to the ruling elites. Their actions are justified under the garb of “Ambedkarism and constitutionalism”. Material reality and social reality are words rarely heard in the contemporary Ambedkarite discourse. When it comes to BSP, they have never shown visible interest in the material condition of Dalit communities in Uttar Pradesh.

Also, the issue of land redistribution does not find major space in the traditional Ambedkarite discourse. The position is largely regional-specific. This can be seen in the largest Lok Sabha. The regions where land redistribution appeared as a fundamental demand are Maharashtra, Jharkhand, Tamil Nadu, Bengal and Kerala. Both the communist and Ambedkarites have collectively agitated against unjust land concentration with a handful of savarnas. Caste hierarchy, as an institution, remains alive with Brahmanism and capitalism. By either defeating Brahminism or capitalism, this institution doesn’t cease to exist. Instead, both these enemies — Brahmanism and capitalism — need to be annihilated. Therefore, the conception of Bahujan can only be a successful “political tactic”, but not for the annihilation of caste. It might have gained electoral success, but the issues of material reality have remained untouched.

Even the contemporary Ambedkarite movement is facing multiple divisions. In the Hindi-speaking region, they are divided into multiple organisations and sections. It is critical that, while arguing for social justice, they are yet to find certain issues where they have consensus. The fault lies in their foundational premises and tactics.

In an interaction with Prof Harish Wankhede, Teltumbde has said, “So long as “bahujan” is identified on the basis of caste, it will never gain robustness. What lies behind the BSP’s bahujan is the solid chunk of the Jatav-Chamars who, unlike in any other state, constitute a sizable constituency in Uttar Pradesh”.

The majority of the beneficiaries of BSP-initiated policies are the Jatavs, the party’s vote bank. The other sub-sections, like the Valmikis, were not given convenient recognition in the party’s leadership, which has led to growing enmity between both these castes. Moreover, the majority of Jatavs have shifted to the urban regions for better employment and career opportunities. Therefore, it becomes important to identify the class reality of sub-castes. There is a deepening distinction between Dalits residing in urban regions and in rural Uttar Pradesh.

Why it becomes important for contemporary “Ambedkarite” politics to address the issues pertaining to material conditions, is notable from the election victory of Faizabad, Ayodhya. Awadhesh Prasad, the Samajwadi Party candidate, emerged victorious due to the declining material conditions of the residents of Ayodhya. The ruling regime’s project of Ram Mandir has left the working class of Ayodhya devastated with their land being snatched causing alienation. Prasad addressed the social reality of the residents, which resulted in a political earthquake.

Teltumbde’s assessment that he sees no anti-caste movement is important because self-acclaimed Ambedkarite political organisations are failing to organise on a common objective. It is a surprise that all of them wanted to put an end to annihilation of caste but are ending up sustaining it instead. This has to be addressed and realised on class lines.

Another burning issue in the contemporary Dalit movement is limiting Babasaheb’s philosophy to a “devotional cult”. In one of his articles in The Wire, Teltumbde says, “Instead of addressing the pathetic condition of Dalits, many Ambedkarites are busy promoting a devotional cult of Babasaheb, hollowing out his radical content and helping the ruling classes exploit his legacy”.

This trend (devotional cult) is largely evident in the contemporary Ambedkarite movement. Statues of Ambedkar are being constantly erected in every corner of India to please the marginalised sections for votes. Apart from erecting statues, Ambedkar is worshiped by the working class as god. Their devotional association to him is due to their constant alienation from other sections in social structure caused by Brahmanism and capitalism. The contemporary Ambedkarite discourse needs to make structural and strategic changes to escape from the devotional cult by improving the material conditions of Dalits.

In conclusion, Teltumbde’s assessment on what it means to be an Ambedkarite, is notable. He writes:

“ A sincere Ambedkarite would be disturbed seeing the pathetic condition of Dalits, and of the institutions Babasaheb established and left behind. He would invest his or her intellectual energy to address what went wrong and not promote a devotional cult which Ambedkar detested. They would be able to see that what I have been doing is the former – analyzing the past and trying to contribute to strategies for the future, and not showing off my scholarship for any gain whatsoever, unlike most others”.

Aniket Gautam is pursuing Masters in political science at the department of political science, Delhi University. The views are personal.

Courtesy: Newsclick

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Justice Chandru’s committee was established following a brutal assault on Scheduled Caste (SC) schoolchildren by their intermediate caste classmates in Nanguneri, Tirunelveli district, in August 2023. The committee’s recommendations aimed to curb caste-based discrimination and violence in schools.

As reported by the Hindu, speaking at the BJP core committee meeting in Chennai, Mr. Raja contended, “The report by Mr. Chandru is controversial as it is targeted at Hindus. How could the report object to tilak? The State government should reject the report in its entirety.”

Contradictions in approach: Hijab ban in Karnataka

This reaction from BJP leaders comes against the backdrop of the party’s stance on other issues of identity and discrimination. Notably, the BJP-led government in Karnataka imposed a ban on hijabs in educational institutions in 2022. The move sparked widespread protests and debates about religious freedom and discrimination against Muslim students. The Karnataka High Court upheld the ban, leading to further national and international scrutiny. The ban however, was lifted. A larger bench of the Supreme Court is now deciding the issue. A detailed analysis of the Hijab ban can be read at Sabrang India.

A call for consistency and inclusivity

The BJP’s resistance to Justice Chandru’s recommendations highlights a broader inconsistency in the party’s approach to discrimination and identity. While advocating for a ban on hijabs, which they argued was necessary for uniformity and secularism in schools, they simultaneously reject measures aimed at dismantling caste-based identifiers within Hindu communities.

This contradiction raises questions about the BJP’s commitment to truly inclusive and non-discriminatory policies. The party’s selective approach appears to perpetuate Hindu caste hierarchies while suppressing Muslim religious practices, exacerbating societal divides.

The debate around the report and the BJP’s response underscores the complexities of addressing identity and discrimination in India. As Tamil Nadu considers the recommendations to foster a more equitable educational environment, the challenge remains to ensure that policies are applied consistently across all communities, promoting true inclusivity and social justice.

Related:

A one-man committee paves the way for eradicating caste markers in Tamil Nadu’s schools

Educational inequities worsen for Muslim students in India

Does the State have the right to disrupt Muslim woman’s right to education?

Removing Hijab ban is a step forward, for gender justice & pluralism

The post BJP Leader H. Raja urges Tamil Nadu government to reject the one-man committee report appeared first on SabrangIndia.

This committee’s recommendations target various aspects, from administrative reforms and teacher training to curriculum changes and student conduct regulations. The ultimate goal is to dismantle caste-based biases and establish social justice, aligning with Dr. B.R. Ambedkar’s vision of a progressive society.

This piece delves deeper into the reasons behind the committee’s establishment, the dangers of caste markers in schools, and the proposed solutions for a more equitable educational environment.

The one-man committee: Justice K. Chandru

Justice K. Chandru, a retired judge of the Madras High Court, was appointed to head a One-Man Committee to investigate and address caste-based discrimination and violence in Tamil Nadu’s schools. The committee was tasked with providing recommendations to create an inclusive, equitable, and non-discriminatory environment in educational institutions. Mr. Chandru submitted his report to Chief Minister M.K. Stalin at the Secretariat in Chennai on Tuesday, June 18, 2024, in the presence of School Education Minister Anbil Mahesh Poyyamozhi, Chief Secretary Shiv Das Meena and others.

Caste names and markers: their role and significance

Caste names and markers are symbols that denote an individual’s caste identity. These markers can be explicit, such as the wearing of specific colours, symbols, or accessories, or implicit, such as behaviours and practices that indicate caste affiliation. In Tamil Nadu, students often use these markers to signify their caste pride and identity, leading to division and discrimination within educational settings.

Examples of such markers include coloured wristbands, hair ribbons, bindis (vermillion marks), and specific types of clothing. Each colour combination or accessory is associated with a particular caste. For instance, red and yellow wristbands might be worn by members of the Thevar caste, while blue and green might be indicative of the Nadar caste. These markers serve as a visual representation of caste identity and are often used to assert dominance or superiority over other castes.

Caste names and markers perpetuate the social hierarchy by constantly reminding individuals of their position within the caste system. This reinforcement leads to the normalization of discrimination and inequality.

When students use caste markers such as coloured wristbands, hair ribbons, or specific types of clothing, it visibly segregates them into different groups. This visual division can foster an environment of “us vs. them,” promoting inter-caste rivalry. The use of caste markers often goes hand-in-hand with behaviours that assert dominance or superiority of one caste over another. This in turn manifests in bullying, physical violence, and other forms of social exclusion. Caste markers hinder the development of a cohesive and inclusive community within schools.

Recommendations to eliminate caste names and markers

The recommendations provided aim to address and mitigate caste-based discrimination and foster an inclusive, equitable, and non-discriminatory environment in educational institutions. The proposed measures span various aspects of the educational system, from administrative reforms and teacher training to curriculum changes and student conduct regulations. The ultimate goal is to eradicate caste-based prejudices and promote social justice, aligning with Dr. B.R. Ambedkar’s vision of a constantly evolving society that embraces change and revises old standards for the greater good.

Given the dangers posed by caste names and markers, the One-Man Committee headed by Justice K. Chandru recommended their elimination to foster a more inclusive and equitable educational environment. The key recommendations include:

1. Administrative orders to remove caste identifiers:
Government and private schools should be directed to remove caste prefixes or suffixes from their names. This step aims to eliminate any formal recognition of caste within the school’s identity, setting a precedent for inclusivity.

2. Prohibition of caste markers among students:
Schools should implement strict regulations prohibiting students from wearing or displaying caste-related symbols, such as specific colours of wristbands, hair ribbons, or bindis. This measure seeks to reduce visible indicators of caste that can lead to division and discrimination.

3. Confidentiality of caste information:
Policies should be put in place to maintain the confidentiality of students’ caste backgrounds. By doing so, schools can prevent caste-based segregation and ensure that all students are treated equally regardless of their caste.

4. Promoting social justice and equality:
Educational curricula should be revised to include lessons on social justice, equality, and non-discrimination. This education can help students understand the negative impacts of caste discrimination and foster a culture of mutual respect and inclusion.

5. Implementation of a code of conduct:
Establishing a Code of Conduct for both students and teachers that explicitly prohibits caste-based discrimination and behaviours is crucial. This code should include consequences for violations to ensure compliance and accountability.

Other recommendations given by the committee

1. Teacher and officer regulations
Periodic transfers of teachers and officers were recommended to prevent dominance by any single caste in specific areas. Guidelines should ensure that high-ranking education officers do not belong to the dominant caste of their area. The Teachers Recruitment Board (TRB) should consider candidates’ attitudes toward social justice during recruitment, and a statutorily prescribed Code of Conduct for teachers and staff should be introduced. Annual orientation programs on social issues and laws pertaining to discrimination should also be mandatory.

2. Unified control of schools
Bringing all types of schools under the unified control of the School Education Department was another key recommendation. This policy seeks to streamline administration and ensure uniform standards across all schools. A committee of high-level officers may be necessary to oversee this transition and resolve issues related to the service conditions of teachers.

3. Teacher training and curriculum changes
Revising the B.Ed. syllabus and the Diploma in Elementary Education to focus on inclusivity was recommended. An expert committee should review school syllabi to eliminate incorrect views and promote social justice values. Establishing a Social Justice Monitoring Committee to oversee curriculum changes related to social justice issues is also suggested. 

4. Mobile phone restrictions and Ara Neri classes
Prohibiting the use of mobile phones by students in school campuses to minimize distractions and introducing compulsory Ara Neri classes from Class 6 to Class 12, focusing on social justice, equality, and non-discrimination, were suggested. A guide should be prepared to ensure the effective delivery of these concepts. 

5. Appointment of counsellors and school welfare officers
Appointing trained counsellors for each Block and School Welfare Officers (SWOs) for larger schools was proposed to address issues such as ragging, drug abuse, and caste discrimination. These officers should monitor school activities, conduct orientation programs, and report directly to a State-level Monitoring Committee.

6. Grievance mechanisms and reservation policies
Establishing a dedicated grievance box managed by the SWO, with strict confidentiality, was recommended. Ensuring reservation of seats in higher secondary classes for Scheduled Caste students to pursue science subjects was also proposed. Expanding the National Service Scheme (NSS) to include students from 9th to 12th grade and establishing a Social Justice Students Force (SJSF) are additional measures aimed at promoting social justice. 

7. Centralized kitchens and use of school properties
Creating Block-level central kitchens for school meal programs, with proper staffing and distribution networks, was recommended to improve efficiency and support disaster relief efforts. Regulations should be introduced to prevent the use of school properties for non-educational purposes, particularly for activities that propagate communal or caste-related messages. 

8. Addressing caste atrocities and promoting communal harmony
The state government should assess areas prone to caste atrocities and take preventive measures. A Special Intelligence Unit should be constituted to gather information on caste violence. An expert body should investigate allegations of saffronisation of education. Finally, the government should take appropriate steps at the societal level to eradicate caste discrimination and promote communal harmony.

The need for the committee: context and background

The One-Man Committee was established following a series of disturbing incidents that highlighted the urgent need for a comprehensive approach to caste-based discrimination in schools. In August 2023, the brutal attack on two Dalit children in Nanguneri by a group of six minors brought to light the severity of caste-based violence in educational settings.

The Tamil Nadu Untouchability Eradication Front (TNUEF) conducted a study across 441 schools, revealing widespread caste-based violence and discrimination. The study, which covered government, government-aided, and private schools, found that caste-based discrimination was prevalent among students and, alarmingly, propagated by some teachers.

Findings of the study conducted by Tamil Nadu Untouchability Eradication Front (TNUEF)

In 25 schools across various districts, caste violence among students was reported. Students openly expressed casteist sentiments, formed groups based on their caste, and used specific colours of kerchiefs, bindis, threads, and stickers to indicate their caste. The study identified 34 types of caste-symbolic indications used by students.

Dalit students were made to wash the school’s toilets, a task not assigned to students of other castes, in 15 schools. In six schools, students were segregated into separate lines based on caste to receive their mid-day meals, and in four schools, dining rooms were segregated by caste. Such practices humiliate Dalit students and reinforce caste hierarchies among young minds.

The study found that caste-based discrimination extended to teachers in at least three schools. Teacher’s actively propagated caste-based discrimination in classrooms, refused to touch Dalit students, and subjected them to excessive punishment. In Madurai, a school cancelled the felicitation function for Class 12 toppers because the top two rank holders were Dalits, further illustrating deep-seated prejudices among educators.

A case in Nanguneri town involved a 17-year-old Dalit boy from the Paraiyar caste who was nearly hacked to death by three of his Thevar caste classmates. This attack followed years of bullying and was triggered by a complaint the victim had lodged about the harassment he faced. The attackers, showing no remorse, took turns assaulting the boy with a billhook in a planned and brutal manner. Despite the victim’s and his mother’s efforts to seek help from the school administration, no action was taken, leading to the brutal attack. This incident is a stark example of how caste-based bullying can escalate into life-threatening violence.

These harrowing examples expose the urgency of implementing the One-Man Committee’s recommendations. The brutal attack in Nanguneri and the pervasiveness of caste discrimination documented by the TNUEF study demonstrate the devastating impact on students’ well-being and educational opportunities. Ignoring these issues allows a culture of fear and prejudice to fester, jeopardizing the safety and hindering the potential of Dalit students. Implementing the Committee’s recommendations – from eliminating caste markers to fostering social justice through education – is not just about fostering a more inclusive environment, it’s about safeguarding the fundamental right to education and preventing violence. It’s a critical step towards a future where Tamil Nadu’s schools empower all students, regardless of caste, to reach their full potential.

Long term goals of the one-man committee

There are three long term goals that have been outlined in the report submitted.

First, is the enactment of special legislation in Tamil Nadu to enforce a policy of social inclusion and eradicate caste discrimination across all educational levels? This legislation should impose duties and responsibilities on students, teaching and non-teaching staff, and management. It should include mechanisms for supervision, control, and sanctions for non-compliance.

Second, is to enhance the control of local bodies over primary education. This involves granting full authority to block-level administrations (Panchayat Unions) over the management of primary schools, including appointing, posting, and removing staff. To facilitate this transition, the government should formulate new legislation granting true autonomous powers to local bodies. This may require amending the existing Tamil Nadu Panchayat Act of 1994. By providing local bodies with full control over primary education, the government can create a more people-oriented education system that is better aligned with the needs and aspirations of local communities.

Third, is to amend the Tamil Nadu Societies Registration Act, 1975, to prevent caste appellations in the names of educational institutions. This amendment would ensure that societies intending to start educational institutions do not include caste-based identifiers in their names.

Conclusion

The One-Man Committee’s recommendations offer a roadmap for dismantling caste-based discrimination in Tamil Nadu’s schools. By eliminating caste markers, revising curriculums, and fostering social justice principles, the proposed measures aim to create a truly inclusive educational environment.

The success of these recommendations’ hinges on effective implementation and a societal shift towards recognizing the inherent equality of all individuals. Eradicating caste-based discrimination requires a multi-pronged approach addressing educational practices, teacher mind-sets, and broader social norms.

If implemented effectively, the One-Man Committee’s vision can pave the way for a future where Tamil Nadu’s schools become bastions of learning, opportunity, and social justice for all students, regardless of caste.

The report of the committee can be read below:

Related:

Tamil Nadu: Abuses, segregated meals, forced to clean toilets, systemic discrimination faced by Dalit students

Caste Discrimination and Related Laws in India

Widespread residential segregation & discrimination of Muslims & Dalits: Study

Higher education: Caste discrimination runs deep 

UP: Dalit School Teacher Alleges Discrimination by Principal & Upper-caste Teachers

Caste Struggle and Colonialism dropped from NCERT school textbooks

The post Dismantling caste in education: Tamil Nadu’s attempt at tackling discrimination appeared first on SabrangIndia.

To better understand the controversy, it is helpful to refer to the impugned manifesto. While the Congress manifesto (Nyay Patra) talks about growing inequality in the country between richest of Indians and the large number of poor, it only says that “We will address the growing inequality of wealth and income through suitable changes in policies.” 

In the same fashion, Nyay Patra mentions that “Congress will conduct a nation-wide Socio-Economic and Caste Census to enumerate the castes and sub-castes and their socio-economic conditions. Based on the data, we will strengthen the agenda for affirmative action.” Ironically, the manifesto notes that Congress “guarantees” that it will pass a Constitutional amendment to raise the 50 per cent cap on reservations for SC, ST and OBC.

Why SC/ST reservations cannot be transferred to Muslims (legally)?

Muslims in India are given reservations only under the categories of Other Backward Classes (OBC) and/or Socially and Economically Backward Classes (SEBC), the lists for the same are prepared by the Central and State governments respectively. 

Effectively, this means that any increase in Muslim quota can be only undertaken at OBC/SEBC level, without touching the integrity of the SC/ST reservation. Furthermore, as the ST/SC reservation is a Constitutional reservation, nobody can remove these categories from the benefits of reservation unless a Constitutional amendment is made in that regard, which is politically unsustainable. Furthermore, SC/ST converts from Islam are not eligible for reservation benefits under SC/ST category, and the case is pending before the Supreme Court in this regard.

The Constitution (One Hundred and Fifth Amendment) Act, 2021 modifies Articles 338B, 342B, and 366 of the Constitution to allow state governments to prepare their own socially and economically backward classes lists for the purpose of giving reservation to these communities, apart from the ones already covered under the OBC list prepared by the Central Government. This amendment had to be carried out because after the passage of 102th amendment Act, followed by the Supreme Court judgement in Jaishri Laxmanrao Patil v. Chief Minister, Maharashtra, the court had held that due to 102th amendment Act states did not have the power to make their own SEBC lists.

How do the Muslims fare within OBC/SEBC reservation?

While the possibility of a religion, if it is proved to be socially backward, constituting a class in itself cannot be ruled out, much of OBC reservation today is also based on socio economic indicators of caste groups within communities. Thus, it is not the religious identity per se, but caste identity (irrespective of religion) on the basis of which OBC reservation is generally granted. Though Andhra Pradesh did provide reservation to Muslims exclusively on the basis of religion, the State justified it on the basis that the whole religion is backward in the state. Pertinently, Muslim quota did not affect the quotas of other OBC groups, as the former had a separate 5% reservation over and above the traditional OBC list. Similarly, Karnataka provides 4% OBC reservation to Muslims out of total 32% earmarked for OBC category, but this has not significantly affected share of other OBC groups as the proportion for Muslim reservation has remained constant throughout. 

In any case, proving backwardness of a group (caste/religion) before granting reservation remains a legal requirement, whether it is for group A or group B, irrespective of caste or religious considerations. 

In the past courts have cancelled the reservation granted to the groups for the absence of valid data to support the claims of backwardness for incorporating these groups under OBC/SEBC reservation. The most recent example of this can be found in Jaishri Laxmanrao Patil vs The Chief Minister and Ors., where the Supreme Court quashed the SEBC Act of Maharashtra state as amended in 2019 for breaching the 50% limit on reservations, as the court did not find any exceptional circumstances for giving flexibility to override the 50% limit set by the apex court in Indra Sawhney vs. Union of India.

Muslim castes under OBC/SEBC lists in Gujarat 

The list of SEBC castes/groups prepared by the state government of Gujarat has 30 entries (out of over 140 such entries) covering numerous Muslim castes under its SEBC reservation policy. Similarly, Central list of OBCs for the State of Gujarat prepared by the National Commission for Backward Classes (NCBC) has 23 entries in which various Muslim castes are provided benefit of OBC reservation. Thus, the fearmongering that Muslims will take up the space of other groups in the SC/ST/OBC categories might not be true when the PM Modi’s home state itself has generous provisions for various Muslim caste groups, quite reasonably so. 

Interesting, in 1985 when the Madhavsinh Solanki of the Indian National Congress was ruling the state of Gujarat, he increased the SEBC reservation from 10% to 28%, calculating his political moves on the basis of KHAM strategy (Kshatriyas, Harijans, Adivasis and Muslims). The move was profoundly rewarding, with the INC bagging 149 seats out of 182. 

Importantly, the Baxi Commission report –a decade before in 1975—identified around 35.5% of population in the state as backward, and the move to increase the SEBC reservation in the state was strengthened on that basis. Later, after studying that Baxi Commission report that was submitted in 1975-76, the government issued a resolution in 1978 adding 82 castes/classes/groups in the SEBC category (with 21 such entries for various Muslim caste groups). While the Solanki government benefitted from increasing the SEBC reservation from 10% to 28%, it also sparked massive protests and riots in the State, especially in Ahmedabad as the people starting opposing OBC quotas, which together with ST and SC quotas took the total reservation in the state to 49% percent. Notably, Gujarat also remains prominent in the 1980s for anti-Mandal riots, which eventually became anti-Muslim, as the opposition to KHAM gathered pace (and as Kshatriyas lost ground to their political rivals Patidars with the emergence of the BJP).

Despite changes in the fortunes and alterations in the government, with the BJP ruling the state since 1995, there has been no demand or attempt to take away reservations provided to sections of caste groups within Muslim community (which was initially provided on the basis of their backwardness alone). 

This reality –given the fact that Narendra Modi himself ruled the state for a significant 17 years — makes it even more ironical that his recent campaign claims against the Indian National Congress (INC) sound hollow. Gujarat has sat comfortably with 12-15 Muslim OBC caste groups enjoying the benefits of reservation as per the Baxi Committee report. So, in spite of Prime Minister making grand claims about Muslims’ taking away resources or reservations of the SC/ST/OBCs, the home state of the PM has since long identified and understood that large sections of Muslims are still fairly backward, and the last 25 years of BJP rule has not made any moves to exclude these Muslim caste groups from the state list of SEBCs!

The Gujarat state list of SEBCs may be seen here

Related:

Rising tide of hate speech sours election climate, targeting religious minorities

United Against Hate: CJP’s Battle for a Hate-Free Election in 2024! 

Equality and a Level Playing Field 

The post Why Modi’s poll histrionics accusing Congress of potentially fracturing away SC/ST quotas to Muslims is a spurious claim? appeared first on SabrangIndia.

(In March 1994, as part of our campaign to track the parochial processes that deter even ‘secular’ governments from fair explorations into history, we had interviewed Dr Arvind Deshpande, then chairman of the Maharshtra State Text Book Board. We reproduce excerpts from that exchange)

Since its inception in 1980–81, the main objective before the Maharashtra State Text Book Bureau that we were part of was that the ‘secular element should be jousted up in our history books…’ Shivaji, for example, has always been depicted as a Hindu hero. But the moment you do this, unknowingly, unconsciously, the bias creeps in.

For the first four to five years we were extremely conscious of this. So we did our utmost to remove these biases in order to prevent their creeping into the curriculum. Soon enough, we were faced with the consequences — opposition either from the minority or the majority community.

This was our bitter experience with a Std. IV textbook. In 1986, with the introduction of the New Education Policy, the entire syllabus was revised. In history, too, new elements were added: Regional History, Indian Culture and Civics. In preparing and publishing textbooks, we are severely restricted by the cost factor. As they have to be affordable for lakhs of SSC students throughout the state, the books are restricted to 96 pages. Now, while looking at the Std. IV history textbook, we found that 80 of these 96 pages dealt with Shivaji alone. This left little room for any other element that we wanted to
introduce.

In keeping with our objective of introducing a new value system, in the revised draft we had to rewrite portions of it, reduce the section on Shivaji. Professor Bhosale (RR Bhosale, another bureau member) also agreed. Paragraphs were changed, some re–drafted. Meanwhile, someone leaked information to the press. Even before the re–drafted book was released or published, merely on surmises and guesswork, we had to face a vicious media campaign led by Kesari (Marathi daily). We were charged with “removing the inspiring part of history and making it insipid.” Until then, we had only had a trial reading of the book for three days with 60 teachers, two from each district in Maharashtra. During this, no one seemed to have any objection. But suddenly, after the vicious campaigns in the press, the same government that had entrusted us with the task of “jousting the secular and humanist element in history” completely backed out.

This was in 1991, when the Sudhakarrao Naik–led minority government was in power. Defending our work on the floor of the house, the state education minister said that we were only trying to de–individualise history, that all of Indian history had been personality-oriented, that history should focus attention on the social forces at work and not only on individual personalities. But the chief minister succumbed and promised the agitated legislators, who cut across all party lines, that not one word in the 25–year–old textbook would be changed. As a result, the communal overtones remain; the incitement to violence is still there. All the work that we had put in for the revised draft is lost forever. We were all asked to surrender our copies to the government.

The key question is, why are issues of history being raked up again and again?

(Dr Deshpande spoke to co-editor Communalism Combat, Teesta Setalvad in 1994; this account has been archived from the earlier editions of Communalism Combat, March 1994 and October, 2001)

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