The unprecedented four-year delay presents a first time change in the 150 year old census cycle. Today, in 2024 calibrated demands regarding the census has also emerged. The opposition is pressing for a caste-based census, a demand that has gained traction since the Bihar government under the previous Nitish Kumar-RJD combine had successfully conducted the exercise. a Additionally, the implementation of the 106th Constitutional Amendment Act of 2023 (Women Reservation), which seeks to reserve 33 percent seats for women in Parliament and State legislatures, is directly tied to the availability of updated census data, creating a sense of urgency. Telengana state has also begun conducting a caste based census in November 2024.

Besides, the outcome of the census is critical for the delimitation exercise, which will redraw electoral boundaries based on population data. This overlapping of several issues has compounded the challenges, leaving the government with significant political, social, and administrative hurdles in ensuring that a truly representative and inclusive 2025 Census is conducted/held.

Understanding what the Census is

The Census is usually a complete count of a population (as of a state) that must include social and economic information (occupation, ages and incomes). Census data is a vital base for the conception and formulation of policies of any responsible government. Census data includes data on their age, gender, job, education, and living conditions. The census usually happens every ten years, providing a snapshot of the country’s population at a specific time

In India, the first synchronous census during the pre-independence period was conducted on February 17, 1881, under the leadership of W.C. Plowden, who was the Census Commissioner of India at that time. Following India’s independence, the first post-independence census was conducted in 1951, which was also the seventh in the cumulative series of censuses. Census process for India governed through the Census Act, 1948 and the Census Rules, 1990. The Central Government has power under section 3 to take Census and under Rule 6A can declare the date and duration of Census in which the houselisting operations and population census take place.

Section 4A of the Census Act makes it binding on any local authority to make available staff employed under it as may be directed by written order of the Central government for the purpose of performance of any duties in connection with taking of census.

Following the decadal census cycle of 10 years after Census 2011, the Registrar General and Census Commissioner of India, under the Ministry of Home Affairs, announced the houselisting operations for the Census of India 2021 on January 7, 2020. The scheduled dates for the houselisting were from April 1, 2020, to September 30, 2020. The 2021 Census was to include 31 questions, with the first five focused on building particulars, questions 6 and 7 on household details (for census houses used wholly or partly as residences), and questions 8 to 10 related to the head of the household. Questions 9 to 31 pertained to the normal household, with specific items (23, 24, 26, 27, 28, and 29) addressing household assets.

The number of questions canvassed during Population Enumeration in Censuses from 1951 to 2011 is listed below:

However, the scheduled exercise could not be conducted, and the central government postponed the census timeline.

Census data is collected in two phases. The first is the House Listing phase, which gathers information on housing amenities like toilets, electricity, and water supply. The second phase focuses on the household members, capturing details such as the number of individuals, their mother tongue, religion, caste (reserved category), literacy, and disability status. This data helps shape policies for minority groups, disabled individuals, and other socio-economic categories. Given its policy significance, the census questionnaire has undergone minimal changes over the years.

The last Census in India was conducted in two phases in 2011. The first phase, which involved houselisting and housing census, took place from April to September 2010, while the second phase, focused on population enumeration, occurred from February 9 to 28, 2011. The census recorded a total population of 1.21 billion (1210.2 million), a number roughly equivalent to the combined populations of the USA, Indonesia, Brazil, Pakistan, Bangladesh, and Japan. Moreover, the household schedule of Census 2011 contained 29 questions.

Census questionnaire from 1872 to 2011 can be accessed here

National Population Register (NPR)

In 2010, the National Population Register (NPR), a comprehensive biometric database of all “usual residents” in India, was compiled alongside the Census and the Socio-Economic Caste Census (SECC). The NPR was updated in 2015-16, and is currently being revised once more.

The updated NPR questionnaire includes new data, such as information about an individual’s parents’ places of birth and their mother tongue. However, the inclusion of these invasive questions has sparked debate among politicians and activists, who have expressed concerns about their invasive nature and highlighted that such questions are unreasonable and arbitrary, potentially sowing division and mistrust.

In January 2022, Lok Janshakti Party leader and late Union minister Ram Vilas Paswan stated that the government would consider the demand to remove the questions about the date and place of birth of one’s parents in the proposed National Population Register, according to The Hindu. “Even I don’t know the date of birth of my parents, forget about producing documents proving the dates,” he said.

The NPR is widely seen as the first step toward the creation of the National Register of Citizens (NRC). This connection is not only outlined in the Citizenship Rules of 2003, but has also been explicitly acknowledged by the government in Parliament and in the Ministry of Home Affairs’ Annual Report for 2018-19.

The NPR is being created under the provisions of The Citizenship Act, 1955, and The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. The NPR includes details of all ‘usual residents’ of India, regardless of their citizenship status. This means both citizens and non-citizens will be included in the register.

According to Rule 3(4), the Central Government can decide a date by which the Population Register will be prepared. It will collect information such as the name, relationship to the head of the family, parents’ names, marital status, place of birth, nationality, address, occupation, and education of every individual. Rule 5 outlines the responsibility of government officials to assist in the registration process. Additionally, Rule 7 states that the head of each family is responsible for providing accurate details about all family members. In the case of dependents, such as minors or disabled individuals, the head of the family is also responsible for reporting their information. Finally, Rule 16(4) places the supervision of the entire process under the Registrar General of Citizen Registration, with oversight by local and district registrars.

NPR does not have complete legal sanction. NPR is being carried out under Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, which is a subordinate legislation. Rules are made by the Executive/Govt and not scrutinised by Parliament

Why is the decadal census important?

The decadal census is a critical tool for assessing progress of citizens, tracking the effectiveness of government schemes, and planning for future development. Conducted by the Registrar General and Census Commissioner of India under the Ministry of Home Affairs, the census provides essential data on population size, demographic changes, social indicators, and economic conditions. This data is foundational for policy-making, resource allocation, and designing welfare programs.

Additionally, the census plays a critical role in resource allocation that infrastructure and social services are distributed equitably across regions. It also aids in urban and rural planning, allowing authorities to anticipate future population growth and demographic shifts, which is essential for sustainable development. Ultimately, the decadal census is a cornerstone of long-term planning, guiding everything from public health to infrastructure, ensuring a more informed and responsive government.

First digital census this time and self-enumeration portal

In September 2020, Union Home Minister Amit Shah announced that the proposed 2021 census would be conducted digitally, with Finance Minister Nirmala Sitharaman allocating a budget of ₹3,786 crore for the initiative. This census would mark the first-ever digital census in India, allowing citizens to self-enumerate by filling out the census form online.

Additionally, on March 11, 2022, the Central Government inserted rule 6D under the Census Rules, 1990, which felicitate the fling of census schedule through self-enumeration for citizens who want to exercise the right to fill the Census form on their own rather than through government enumerators.

The self-enumeration (SE) process enables individuals to check, update, and validate the National Population Register (NPR) records for their households through the SE Portal

However, the government made it clear that the data collected under NPR may be used for various individual and household-oriented welfare schemes of State/Central Government

In 2022, while inaugurating the new office building of the Directorate of Census Operations in Assam at Amingaon in Kamrup, Union Home Minister Amit Shah announced that “the process of a digital census would begin as soon as the COVID-19 outbreak subsided, with the goal of completing it before 2024.” However, as the year draws to a close, it seems unlikely that the digital census will be completed within the promised timeframe

जनगणना आकड़ो का ऐसा स्त्रोत है जिसके आधार पर केंद्र व राज्य सरकारें अपनी नीतियां बनाती हैं।

जनगणना एक साथ हमें कई सर्वेक्षणों से बचाने का काम करती है।

मोदी सरकार ने तय किया है कि अब जो जनगणना होगी वह ई-जनगणना होगी जिसके आधार पर देश के अगले 25 साल के विकास का खाका तैयार होगा। pic.twitter.com/TyClkoPWow

— Amit Shah (@AmitShah) May 9, 2022

Census cycle, delimitation and concern of Southern states

The 2021 census, a crucial synchronous decadal exercise, was delayed due to the pandemic, disrupting the regular census cycle. Population data derived from the census helps the government assess social and economic trends, allocate resources, and plan for development. Without updated figures, it becomes challenging to effectively design and implement public schemes.

So far, no formal announcement has been made regarding the revised schedule for the census. However, according to reports in Hindustan Times, the work for the 2021 census and the National Population Register (NPR) is likely to begin in early 2025, with the population data expected to be released by 2026. This delay may also impact the census cycle itself, potentially shifting it to a new pattern. Going forward, the decadal cycle could change to 2025-2035, followed by 2035-2045, and so on. Furthermore, the last delimitation exercise, which was due after the 2001 census, has been frozen since 2002 for 25 years.

However, delimitation has been perceived as unfair to Southern states due to their demographic and developmental progress. Historically, Northern states lagged behind Southern states in terms of income and poverty, but since the early 2000s, the Southern states—such as Karnataka, Kerala, and Tamil Nadu—have made remarkable strides in economic development, education, and healthcare. Their combined GDP surpasses that of 13 Eastern states, and their educational outcomes, including higher graduation rates, demonstrate a more skilled workforce.

Southern states, especially during the Covid-19 pandemic, also showed better public health infrastructure. However, under the current population-based system of delimitation, these states face a potential reduction in parliamentary seats, while more populous Northern states like Uttar Pradesh and Bihar gain. This raise concerns that the quality of governance and civic activism in the South is not adequately represented, highlighting the need for a more equitable approach to electoral representation.

How has NPR been made compulsory for citizens?

While the NPR questions are primarily voluntary, the Central Government has made the updation of the NPR compulsory for all residents of India. This is outlined in an instruction manual released by the Office of the Registrar General & Census Commissioner. Initially scheduled for 2020, the NPR updation will now take place alongside the upcoming Census. Enumerators, who have been appointed for the Houselisting and Housing Census, will also conduct the NPR updation, which involves a house-to-house enumeration to update the demographic details of all residents.

In effect, while participation in the NPR itself is voluntary, the process of updating the register has been made compulsory as clubbing with Census. This indirect compulsion means that residents are required to provide updated personal information, even though they are not explicitly mandated to answer every question.

The NPR database was first compiled in 2010 and updated in 2015-16. The current updation will collect additional data, including Aadhaar numbers (on a voluntary basis also pre-filled), mobile numbers, Voter ID, Passport, and Driving License details. New households and residents will also be recorded. While the updation process is mandatory, some states, like West Bengal, Kerala, and Punjab, have chosen not to participate in NPR-related activities, limiting the scope of the exercise in those regions.

Ref. Article: What to do when government officials come to your home? can be accessed here

Answering questions in NPR is not legally binding on an individual. However, 9 & 7 of the rules do require that everyone has to register and that head of family must give answer to NPR questions or else face a fine of Rs. 1000/-.

Providing information for NPR is voluntary, but refusal may lead to being marked a “Doubtful Citizen,” risking disenfranchisement as under Rule 4(4) of the Citizenship Rules, 2003, a lower-level government official can declare an individual a “Doubtful Citizen” if they decline to provide data for the NPR. If the refusal is not widespread, there’s a risk of being marked as “Doubtful Citizen,” potentially affecting one’s citizenship status.

The NPR Instruction Manual 2020 can be accessed here

Question in NPR and privacy aspects

As per Citizens for Justice and Peace (CJP) report, 21 questions that government was to ask under the new NPR 2020 threaten our privacy and may lead to surveillance and most dangerous of all can help target and mark out sections of the population for disenfranchisement from citizenship. The government, by clubbing the two, NPR process with the Census process, the government is being both devious and dishonest. It is likely that state governments will assign the same set of officers to conduct both surveys at the same time.

By merging these two separate processes, the government risks creating confusion and a sense of distrust among the public.

The invasive questions—such as those asking about an individual’s parents’ places of birth and mother tongue—are viewed as potentially discriminatory, especially in the context of the government’s broader plans for a National Register of Citizens (NRC). The NPR data could be used to target specific communities for exclusion from citizenship, leading to disenfranchisement, fear, and confusion among vulnerable groups.

A central issue is the government’s decision to combine the NPR process with the Census, a move that has raised suspicions of hidden motives. By conducting both surveys simultaneously and using the same set of officers, the government is seen by many as attempting to normalize the invasive nature of the NPR questions under the guise of routine data collection. This combination of processes is viewed as not only misleading but also as a strategy to sidestep scrutiny, obscuring the true intent behind the NPR.

Moreover, the relationship between NPR and NRC remains deeply contentious. While the NPR is primarily focused on collecting demographic data, it serves as the first step toward the NRC, which aims to identify illegal immigrants. In such a scenario, the NPR questionnaire, which includes sensitive details about an individual’s family background, could be used to weed out certain populations from citizenship, especially in a political climate where identity and nationality are often weaponized.

The lack of transparency around how this data will be stored, shared, and used further heightens privacy concerns. As citizens’ personal information is collected on a national scale, the potential for misuse looms large. With no clear safeguards in place, the NPR process risks turning into a tool for surveillance, fostering a climate of mistrust and fear. What is presented as an administrative exercise could, in the worst-case scenario, become a means for marginalizing entire communities.

No clarity on caste census

However, the government has yet to provide clarity on the issue of a caste-based census. Reports suggest that the government may include a “caste” field in the houselisting schedule of the upcoming census. Meanwhile, opposition parties are demanding that the central government conduct a nationwide caste census.

It is important to note that the caste census plays a crucial role in determining reservation quotas for various categories on ground of backwardness, as majority view in Indra Sawhney vs. Union of India (1992) opined that “Caste was a dominant factor of primary criterion in determining the backwardness of a class of citizens” and it did not offend Article 16(4). It was held that a caste could become a ‘backward class’ provided that the caste satisfied the test of backwardness and the test of inadequate representation.

This has been a key argument of the opposition in advocating for a nationwide caste census. On August 24, 2024, Congress leader Rahul Gandhi addressing the “Samvidhan Samman Sammelan” in Prayagraj, stated that 90 percent of the population is excluded from the system, emphasizing that the caste census is not only foundational but also a critical tool for effective policy-making.

Importantly, the Supreme Court’s ruling in the Indra Sawhney vs. Union of India (1992) set a ceiling of 50% on total reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). Accurate caste data from the census is essential for ensuring that the allocation of reservations remains within this limit while also addressing the socio-economic needs of underrepresented groups and distribution of wealth among the marginalized.

However, on June 20, 2024, a Division Bench of the Patna High Court, in the case of Gaurav Kumar v. State of Bihar [C.W. 16760 of 2023], struck down two amendment laws passed by the Bihar government. These were the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes, and Other Backward Classes) (Amendment) Act, 2023, and the Bihar (In Admission in Educational Institutions) Reservation (Amendment) Act, 2023. The amendments had sought to increase the percentage of reserved seats for Scheduled Castes (SC), Scheduled Tribes (ST), Extremely Backward Classes (EBC), and Other Backward Classes (OBCs) in government jobs and educational institutions from 50% to 65%.

Revanth Reddy-led Congress government in Telangana launched the state’s first caste census on November 6, 2024, the first such exercise since 1951. This exercise involves door-to-door data collection till November 30, 2024. Telangana’s caste census includes 56 questions covering a range of topics, such as health hazards related to caste-based occupations, annual income, access to welfare schemes, and details of movable and immovable property.

The caste census was a key poll promise made by the Congress party ahead of the 2023 Telangana Assembly elections. The promise aimed to extend reservations to marginalized communities in proportion to their population across education, employment, and welfare schemes. Additionally, the party pledged to increase the reservation for Backward Classes (BCs) in local bodies from 23% to 42%, and to implement a 42% BC reservation in government civil construction and maintenance contracts.

Notably, the Census 2021 houselisting schedule, which was notified in January 2020, included 31 questions, excluding the caste-related field.

The Women Reservation Act 2023: how is this tied up with the Census?

In a historic move, the NDA government introduced the 106th Constitutional Amendment Act in 2023 which received assent of President Droupadi Murmu on September 28, 2023, marking a significant step toward increasing women’s representation in Indian politics. This amendment introduced Article 330A and Article 332A, which reserve one-third of the total seats in both the Lok Sabha (the lower house of Parliament) and the Legislative Assemblies of all states for women.

However, the amendment also introduced Article 334A (3). This provision establishes a rotation system for reserved seats, meaning that constituencies reserved for women will change after each subsequent delimitation exercise. Additionally, Article 334A (1), inserted through the 106th Constitutional Amendment Act, delays the implementation of the reservation until after the first census following the amendment, which will provide the necessary data for delimitation. As a result, the reservation will not take effect immediately and will expire after 15 years unless renewed.

On September 20, 2023, Congress leader and MP Rahul Gandhi while addressing Lok Sabha, said that he stands in support of the Women Reservation Bill and this bill can be implemented today by giving 33 percent of seats in the Lok Sabha and State Legislative Assemblies to India’s women.. Rahul Gandhi alleged that BJP government is tries to distract the Adani issue and caste census while postponing the Act’s implementation. Congress criticized this move and said that caste census and delimitation were ‘poor excuses’ for the postponement of the women’s quota. Congress said that the Women’s reservation bill is a good thing, but two ‘footnotes’ of census and delimitation have been attached with it.

On September 20, 2023, Union Home Minister Amit Shah addressed Parliament, said that the government has ensured the reservation of one-third of seats for women across all categories in the Lok Sabha and State Assemblies. He also responding to opposition concerns about the delay in implementing the women’s quota, said that the Census and Delimitation processes are necessary to determine the constituencies to be reserved for women. The Delimitation Commission, which relies on census data, is the only authority that can make these decisions. Amit Shah also confirmed that the census and delimitation process will begin after the 2024 general elections, pushing the quota’s implementation to 2029, which has been criticized by the opposition parties.

Conclusion

India’s decadal census, a vital tool for social and economic planning, has experienced significant delays, with the 2021 census now rescheduled for 2025. This delay, coupled with political debates surrounding caste-based data and implementation of women’s reservation, has compounded challenges. The postponement impacts the delimitation process, which relies on updated population data to redraw electoral boundaries. Southern states, which have made notable strides in economic and social development, could be disadvantaged if their progress isn’t reflected in the delayed census. Additionally, the controversial update of the National Population Register (NPR) adds further complexity. The government now faces growing pressure to address these uncertainties and ensure fair representation for all regions.

Related:

Census v/s NPR

CJP in Action: Forest workers unite with anti-CAA protesters

CAA-NPR-NRC: The Law Is Being Weaponised Against the Constitution

The post To count or not to count, delays and India’s decadal Census appeared first on SabrangIndia.

The distinction between the themes of thumbnails and the actual content of video is stark, often serving merely as a trigger to provoke viewers into clicking on sensational videos. This tactic exploits ongoing, contentious issues that evoke curiosity and generate excitement among audiences. Thumbnails designed to capture attention ask questions like, “What will happen next?” This psychological appeal plays into a fundamental human tendency to seek out information about impending developments (and often, accompanied by a sense of apprehension, or doom).

Media channels compete fiercely to deliver the latest updates, often prioritizing sensationalism over accuracy.

For example, when gangster Atiq Ahmad was transferred from Gujarat to Uttar Pradesh in Umesh Pal murder case, media outlets sensationalised the event with dramatic thumbnails reading “Encounter” or “Accident,” creating an atmosphere of anticipation.

Link: https://www.youtube.com/live/zCIOkJVgJBk?si=afQvPRSXq-eq9bgQ

From “Ab Hoga Khel” to “Kuch Bada Hone Wala Hai,” the pursuit of engagement in Indian media has increasingly prioritised sensationalism, leveraging eye-catching punctuation like exclamation marks and question marks. This strategy aims to captivate viewers, often at the expense of truth. As headlines grow more dramatic, they foster an environment ripe for misleading news and toxic narratives. Thumbnails designed to grab attention can misrepresent the actual content, leading to a cycle of misinformation. In this race for views, media outlets often harvest hate and divisive content, exacerbating communal and social tensions.

The lure of sensationalism

The YouTube media environment is a bustling arena where competition for viewer attention is fierce. In this race, headlines have transformed into clickbait, carefully crafted to provoke emotional responses rather than inform. The use of punctuation marks like exclamation points and question marks has become a hallmark of this sensationalism. A simple headline can shift from informative to inflammatory with just a few strategic characters.

Take, for instance, the phrase “Kuch Bada Hone Wala Hai” (Something Big Is Going to Happen), this phrase evokes curiosity and anticipation, especially for J&K reporting and the issue involves communal agenda. It draws viewers in, promising excitement or drama. When paired with an exclamation mark, the urgency escalates, making it almost impossible for viewers to scroll past without clicking. But what lies behind these headlines often falls short of the promises made, leaving viewers with distorted narratives that can shape their beliefs and attitudes in harmful ways.

Reporting of Bahraich violence

Pertinently, during the recent Bahraich violence, YouTube news channels of several media houses resorted to inflammatory and provocative thumbnails, effectively sensationalising the events to create a dramatic climax. Phrases like “100 Ghanto Main… Encounter Ke Baad, Force Ne Ghera Pura Bahraich! Bhage Musalman! Bhayankar Action Shuru” dominated their narratives, casting the incident in a sensational light that fueled fear and division. Further inflammatory headlines, such as “Bahraich Hinsa par Yogi ka tagda aylaan, sunte hi kamp uthe ‘Musalman’!”, served to criminalize a particular community, reinforcing harmful Islamic stereotypes and framing the narrative as a government versus Muslim conflict.

This approach not only misrepresents the complexity of the situation but also positions UP Chief Minister Yogi Adityanath as a savior figure in the face of alleged threats. Media coverage linked various incidents—from the Durga Puja pandal dispute to the murder of Ram Gopal Mishra and the arrests of suspects—using hate-filled thumbnails to garner mass viewership through sensationalism. By prioritising provocative imagery and sensational headlines, these channels contribute to a divisive atmosphere that undermines community cohesion.

Thumbnails:

Link: https://www.youtube.com/live/JFt7lrJU6dw?si=5eHeBS6XNlT7MRil

Link: https://www.youtube.com/live/80TIOrOTCcQ?si=0KL8V6fIJlc40spw

Link: https://www.youtube.com/live/r5_AysKMOZY?si=0-CRcTP6uTqqADoq

How the Waqf board law was analysed

YouTube news channels have manipulated the Waqf Amendment Bill, framing it as a communal battle that amplifies Muslim concerns about its potential consequences. Major media houses have exploited this sensitive issue by using provocative thumbnails featuring banners of the Waqf Board and images of Muslims protesting, effectively narrating a narrative of government versus Muslims. This sensational approach oversimplifies a complex legal issue, overshadowing the genuine concerns of the community with a polarized view.

The subsequent introduction of thumbnails promoting the “Santan Board” as a competing entity further blurs the importance of the amendment in its legal and contextual sense. By reducing a nuanced discussion to a sensationalised spectacle, these channels contribute to an atmosphere of division and fear, undermining the constructive dialogue needed to address the implications of the Waqf Amendment Bill. This manipulation detracts from the real stakes involved, distorting public perception and perpetuating communal tensions.

Thumbnails:

Link: https://youtu.be/cVkeEdN6xnI?si=s7Iv49EKFCGKjtBn

Link: https://www.youtube.com/live/rwh_wE8TQ6w?si=TwutaSpz_9C_4wbn

Link: https://www.youtube.com/live/akyznFPS9Qo?si=hvUldxA5BSUmqKzL

Link: https://youtu.be/VyK6nQ_hSUw?si=1IMMU3KLmtNdks_g

Insensitivity in reporting J&K news

The use of thumbnails for reporting, particularly concerning Jammu and Kashmir, has become increasingly insensitive and sensationalised, exploiting the region’s struggles with terrorism and other basic necessities in rural areas, for ratings and viewership. As Jammu and Kashmir grapples with ongoing terror attacks that significantly impact the lives of its residents, it is disheartening to see journalists and anchors using these life and death issues as mere fodder for TRP-driven programming.

Many reports on the situation in J&K lack factual context and credible sources, further contributing to a distorted narrative. Sensational thumbnails on platforms like YouTube—such as “Kashmir Main Kuch Bada Bone Wala Hain,” “High alert,” and “Bada Khatra”—illustrate this troubling trend. These phrases not only exaggerate the situation but also foster unnecessary fear and anxiety among viewers.

Moreover, the inclusion of unrelated figures, such as UP Chief Minister Yogi Adityanath in headlines about Kashmir, adds to both the confusion and sensationalism. A thumbnail proclaiming “Kashmir Main Yogi-Shah! Kuch Bada Hone Wala Hain” exemplifies how media channels prioritise clicks over responsible reporting.

This relentless pursuit of sensationalism often features alarming visuals, such as bombs and gunfire, to evoke dramatic imagery in viewers’ minds, disregarding the sensitivity required when discussing the real lives affected by such terror activities. By sensationalising these issues, media houses not only undermine their credibility but also show a blatant disregard for the lives and struggles of the people in Jammu and Kashmir.

Thumbnails:

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Link: https://youtu.be/BJgx6hAb_yo?si=WoIDqUaofYdccoA3

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Link: https://youtu.be/1DaCKrQydY0?si=VBEbnb1taEzcfXoH

Baba Siddiqui murder and sensational thumbnails

In the current media landscape, misleading thumbnails have proliferated, particularly surrounding the tensions circulated on media between Bollywood actor Salman Khan and gangster Lawrence Bishnoi.

Headlines like “Salman Khan Apologizes to Lawrence Bishnoi” and “Salman Met Lawrence in Jail” attempt to create a dramatic climax to their ongoing saga, often sensationalizing the narrative without factual basis. Other thumbnails suggest absurd scenarios, such as Lawrence “catching” Salman or claiming Yogi Adityanath has launched 5,000 commandos to apprehend him.

Further sensationalism includes claims that Bishnoi will donate a gold crown to the Ram Mandir to garner sympathy from devotees, or that Salman is fleeing to Dubai to evade Bishnoi’s wrath. There are also wild suggestions of a settlement happening in Sabarmati or that Bishnoi is poised to win an election in Mumbai. In an even darker twist, thumbnails hint at Lawrence being killed, adding to the sensational nature of these narratives.

Such thumbnails, used by multiple prominent media houses, are often devoid of substance and context. They prioritise clicks over accuracy, fueling misinformation and contributing to a climate of fear and confusion among viewers.

Thumbnails:

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Link: https://www.youtube.com/live/Qj5iK16ejfE?si=BIGEENXeJ8m9wkM-

Link: https://www.youtube.com/live/vYGaYxEXvRo?si=N-Vf40yVhKrHqc1b

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Link: https://youtube.com/post/UgkxDWyRlittS8DXonMvJWOiDrXkqEWUrTBK?si=ioCxML7OVQ0HpWbu

Link: https://youtube.com/post/UgkxDWyRlittS8DXonMvJWOiDrXkqEWUrTBK?si=ioCxML7OVQ0HpWbu

Link: https://www.youtube.com/live/niSOYgZedCg?si=1VG2e7blB9VYb_Dj

Himachal Pradesh and Uttarakhand Mosques Dispute

In September 2024, Himachal Pradesh and Uttarakhand experienced unexpected communal tensions stemming from disputes and protests over the alleged construction of mosques in Sanjauli (Shimla), Mandi, Kullu, and Uttarkashi. During this volatile period, YouTube channels largely chose to emphasise agenda-driven and communal hate thumbnails like “Land Jihad” “Hindu Jag Gaya”, again “Kuch Bada Hone Wala hai”, which tainted the factual context of these sensitive issues. Instead of advocating for peace and harmony in the affected areas, these channels leveraged sensationalism to attract views, disregarding their responsibility as major news platforms.

With millions of viewers relying on these channels for information, the decision to use inflammatory thumbnails has the potential to escalate tensions further, breeding misinformation and hatred among interfaith communities. Rather than fostering understanding and dialogue, the focus on sensational headlines exacerbates divisions. As media outlets have a crucial role in shaping public perception, it is imperative that they exercise caution and sensitivity in their reporting. Responsible journalism should prioritize factual accuracy and promote community harmony, especially in times of heightened conflict of communal issues.

Thumbnails:

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Link: https://youtu.be/o2nYfBiECcM?si=YlMC0fHzMWuaAKKJ

Link: https://www.youtube.com/watch?v=fWwCBHWHQO8&pp=ygUTSU5ESUEgVFYgbGFuZCBqaWhhZA%3D%3D

Link: https://youtu.be/JMqNnlwo610?si=hStAi93bPO8bnEwL

Link: https://www.youtube.com/watch?v=zaJpJF7knTA

Link: https://www.youtube.com/watch?v=O1mrZtW5heg

Link: https://www.youtube.com/watch?v=ttXrRxGot_w

Thumbnails for Uniform Civil Code

While the implementation of Uniform Civil Code (UCC) affects every religious denomination, the issue is often singularly focussed on the ‘Muslim reaction.’ For example, a Times Now anchor focused an entire program on what Muslims would supposedly lose with a UCC enforcement. The introduction and thumbnail prominently featured religious symbols and imagery, framing the narrative to suggest that the UCC is designed to curtail the special rights of Muslims compared to other citizens. This portrayal implies that the justification for implementing the UCC hinges solely on limiting the rights of a particular community, rather than discussing the issue in general perspective. Such a skewed representation not only misleads viewers but also fosters division by creating an atmosphere of fear and misunderstanding around the UCC’s intentions. In this context, sensationalism overshadows the broader discussions around the UCC, ultimately distorting public perception and dialogue around a crucial legislative issue.

Thumbnails:

1 of 5

Link: https://youtu.be/bl30OoFtK58?si=L72k0TBvJ1gk9a42

Link: https://youtu.be/VeYGGdPveSU?si=8PCQ7faKFUxJ7rx7

Link: https://youtu.be/2371gEjEyig?si=gN4z6Oy2dYITtSBE

Link: https://www.youtube.com/live/h-gZzZ-fkSQ?si=lySZ7GfvrnhdAhD4

Link: https://youtu.be/BpYKKWeOb54?si=6HsCuDltN6CooKGb

YouTube’s Thumbnail policy

Under YouTube’s “Thumbnail Policy,” it is explicitly stated that thumbnails and other images violating the platform’s Community Guidelines are prohibited. This policy encompasses all visual elements, including those used in banners, avatars, community posts, and other features.

YouTube has made it clear that users can report thumbnails or images that breach these guidelines through established reporting procedures. By encouraging active user participation in monitoring content, YouTube empowers its community to help maintain a safer online environment.

However, the responsibility doesn’t solely lie with users; YouTube must also enhance its moderation efforts and algorithms to proactively identify and remove misleading and harmful thumbnails before they reach a wider audience. By prioritising the enforcement of its policies and promoting responsible content creation, YouTube can significantly reduce the impact of sensationalism and misinformation on its platform, fostering a more informed and respectful discourse.

YouTube’s Thumbnail Policy provides that;

Don’t post a thumbnail or other image on YouTube if it shows:

• Pornographic imagery
• Sexual acts, the use of sex toys, fetishes, or other sexually gratifying imagery
• Nudity, including genitals
• Imagery that depicts unwanted sexualization
• Violent imagery that intends to shock or disgust
• Graphic or disturbing imagery with blood or gore
• Vulgar or lewd language
• A thumbnail that misleads viewers to think they’re about to view something that’s not in the video

Although, the above list isn’t complete.

Despite these stated guidelines, sensationalism bordering on targeted hate, persists. The quest for clicks on YouTube channels has transformed the media landscape into one where sensationalism reigns supreme, often at the expense of truth and integrity. Thumbnails designed to provoke curiosity and generate excitement frequently misrepresent actual content, leading viewers down a path of misleading narratives and hate-driven rhetoric. Phrases like “Kuch Bada Hone Wala Hai” capture attention but fail to deliver on their negative promises, distorting perceptions around critical issues such as communal tensions and social unrest. This relentless pursuit of engagement encourages the consumption of inflammatory content, exacerbating divisions within society.

Therefore, it is imperative for YouTube and media channels to take a stand against provocative and harmful digital content. They must prioritise the removal of insensitive thumbnails, especially concerning sensitive issues, and commit to responsible journalism that fosters informed discourse rather than sensationalism. By doing so, media outlets can help restore trust, promote social harmony, and contribute to a healthier public dialogue—one that values truth over clicks.

Related:

CJP urges for removal of contentious Aaj Tak show on Hemant Soren, sends complaint to channel

CJP urges for removal of contentious Aaj Tak show on Hemant Soren, sends complaint to channel

CJP Impact: YouTube responds to CJP’s complaint, takes down hate filled content!

The post From ‘Ab Hoga Khel’ to ‘Kuch Bada Hone Wala Hai’: the trap set by thumbnails appeared first on SabrangIndia.

Who is Suresh Chavhanke?

Suresh Khanderao Chavhanke, serves as the Chairman and Chief Managing Director of Sudarshan TV Channels Ltd. (Sudarshan News) and is an active and full-time member of the Rashtirya Swayam Sevak Sangh (RSS). He is the Editor-in-Chief of Sudarshan News Channel and is infamous for his hate-filled and often anti-minority debate shows, including “Bindas Bol,” “Chalte-Chalte,” and “Jan Sansad,” which have been noted for promoting divisive rhetoric and inflammatory speeches and reports. Apart from spreading hatred through his news channel, he also attends far right physical events, inspiring a militaristic Hindutva. He often uses these occasions to deliver inciteful speeches.

His ties with the Rashtriya Swayamsevak Sangh (RSS) are long standing, having been a member since the age of tjree years when he started attending its meetings/shakha gatherings. As a member of RSS, he has also worked as a reporter of pro-RSS newspaper, Taun Bharat.  He has held several posts in the RSS before becoming a “full-time reporter”. He launched Sudarshan News channel in 2005 in Pune and later shifted it to Noida, outside Delhi.

Image: Suresh Chavhanke’s official X handle @ https://x.com/SureshChavhanke

Criminal cases linked to Suresh Chavhanke

Serial Hate Offender Suresh Chavhanke, is a polarising figure who today faces multiple FIR against Chavhanke, including allegations of rape, attempted murder, and fraud. In 2016, a former employee accused him of sexual exploitation, claiming he raped her and attempted unnatural acts under false promises of marriage. Apart from these serious allegations, there are growing concerns about police inaction and government-sponsored propaganda that seem to shield him from accountability even as he continues onnhis hate-dishing spree! Chavhanke —as mentioned above— has also faced numerous accusations of inciting communal hatred through inflammatory speeches, attracted significant public and media scrutiny regarding both his actions and the systemic issues enabling them.

Accused of Rape, attempt to murder and fraud

According to Hindustan Times, in year 2016, a former employee of the Sudarshan News had filed an FIR in the Women’s Police Station in Noida alleging that Chavhanke has raped her and attempted to have unnatural sex with her on October 20, 2013. She also accused Narain Sai son of self-proclaimed godman Asaram Bapur for attempting to rape her in September 2013.

The victim alleged that Chavhanke had sexually exploited her since 2013 under the promise of marriage and had taken cash and jewellery worth Rs. 27 lakhs from her. The police booked Chavhanke under a total of 11 sections of the IPC, including charges of rape, attempted unnatural offenses, attempted murder, forced miscarriage, criminal intimidation, cheating, and outraging the modesty of a woman. Not much has been heard of this case since then.

Arrested in year 2017 for inciting communal hatred

On April 12, 2017, Serial hate offender, Suresh Chavhanke was arrested by the Uttar Pradesh Police for inciting communal hatred. He was arrested by the Lucknow Police from Amausi Airport on Wednesday. The head of the Sudarshan channel was charged under Sections 153A(1), 295A, and 505(1)(b) of the Indian Penal Code, as well as Section 16 of the Cable Television Networks (Regulation) Act, 1955.

On May 9, 2023, a complaint (FIR) was registered by the Jilhapeth Police Station against repeat hate offenders Suresh Chavhanke and Prashant Juvekar for delivering hate speech in Jalgaon on Christmas Day, December 25, 2022, at an event organized by the notorious Hindu Janajagruti Samiti (HJS). During this event, Chavhanke made provocative comments about Christmas, stating, “Christmas of the 2% is being imposed on the 98%,” and criticized Christians, claiming, “Christianity has ruined our intellect.” A nine-minute video of the speech, muted at several points, included stigmatizing remarks about Muslims, using terms like “Land Jihad” and “Love Jihad.” Chavhanke also levelled baseless allegations against madrassas and made unfounded claims about forced religious conversions in Jalgaon, Maharashtra.

On June 23, 2023, an FIR was, yet again, filed against Sudarshan News editor-in-chief Suresh Chavhanke for delivering a “communal speech” in Sangamner on June 6, which had resulted in unrest in the region and the arrest of 17 people, as reported by the Indian Express. The FIR, filed at the Sangamner city police station in Ahmednagar based on a complaint by a police officer, stated that at least two people were injured and five vehicles were vandalized in the violence that followed a rally organized by the Sakal Hindu Samaj, where Chavhanke was a key speaker. Alongside Chavhanke, two other speakers associated with the Bajrang Dal were also booked in the FIR. Clearly for Chavhanke, as also the rest of the extreme Hindutva eco-system, Maharashtra has been the chosen fertile ground for these activities. In June 2022, a politically compliant Maha Yuti government was formed in the state. Several of the new government’s functionaries—including state home minister, Devendra Phadnavis, have themselves been at the forefront of vicious hate-mongering since.

On July 30, 2023, in Rajasthan, a FIR was also registered against the serial hate offender, Suresh Chavhanke for allegedly hurting the sentiments of tribals and Meena community (ST) in the earlier dispute over Amagarh Fort between the Meena community and Hindu groups, as reported the Indian Express.

On July 22, 2022, the Hyderabad police booked a case against Suresh Chavhanke, the Editor-in-Chief and CMD of Sudarshan Television News, for allegedly uploading a morphed video of All India Majlis-e-Ittehadul Muslimeen Chief and MP Asaduddin Owaisi on social media. On April 17, 2024, Chavhanke was subsequently booked again by the Cyber Police Station in Hyderabad for allegedly using Owaisi’s photo on social media without proper context.

The video was captioned in Hindi: “Lageh Rahiyeh, Ek Din Aisah Bhi Ayega, Owaisi Bhi Ghar Wapsi Kar Bhajan Gayegah. Har Har Mahadev” (Keep engaged, one day Owaisi will also sing bhajans after returning home).

लगे रहिए, एक दिन ऐसा भी आयेगा… #Owaisi भी घर वापसी कर भजन गाएगा ! हर हर महादेव !! pic.twitter.com/4NAGybLQQa

— Dr. Suresh Chavhanke “Sudarshan News” (@SureshChavhanke) July 21, 2022

Hyderabad: Suresh Chavhanke booked for morphed video of Asad Owaisi

Notably, on October 19, 2024, the Delhi High Court summoned serial hate offender Suresh Chavhanke, Managing Director of Sudarshan News, along with six others, in a defamation case brought by Mohd Tufail Khan. Khan, who runs the Jamia Arabia Nizami Welfare Educational Society, defending itself under purportedly false accusations of being involved in anti-national activities.

These allegations originated from a tweet in 2022 and were subsequently broadcast on Sudarshan TV in 2023. In August 2022, Islamic scholar Mufti Wajahat Qasmi claimed that Jamia Arabia Nizami was involved in such activities, which were then featured in interviews on Sudarshan TV. Khan alleges that false and defamatory accusations against him were broadcast by Sudarshan TV on April 12, 2023, during a segment titled “Madrasa ke naam par bachho se bheek manga rahe hai.” He further informed the court that Suresh Chavhanke, CMD of Sudarshan News, along with another official, Maya Chavhanke, defamed him by organising a separate TV show aired on their channel, titled “Logo ko dafanane wali jagah par banaya Dargah.”

Chavhanke’s call for arms and radicalisation

Suresh Chavhanke’s fixation on weapons and his strategic use of the ‘social media’ have become central to his divisive agenda against minorities. He frequently portrays himself as a self-proclaimed protector of Hindu Dharma, often donning saffron attire and positioning himself as a warrior. Through his speeches and armed photos, Chavhanke promotes a narrative that urges Hindus to be ‘vigilant and prepared’, suggesting that they should keep weapons for self-defence. His rhetoric, which often echoes themes of aggression and confrontation, aims to incite fear and reinforce a sense of victimhood among his followers.

pic.twitter.com/jzz2iUqtlm

— Dr. Suresh Chavhanke “Sudarshan News” (@SureshChavhanke) October 25, 2020

At events like the Asaram Bapu Divas in Pune on February 15, 2023, he explicitly called on Hindus to arm themselves, further fueling a culture of hostility and violence against religious minorities. Chavhanke’s messaging is not merely about self-defense; it is rooted in a broader strategy of spreading hate and shameful propaganda that undermines communal harmony. By fostering an image of a warrior dedicated to a supposedly righteous cause, he seeks to gain attention and rally support for his controversial views, ultimately exacerbating societal divisions and promoting intolerance.

Link: https://www.hindutvawatch.org/far-right-leader-suresh-chavhanke-calls-on-hindus-to-keep-weapons/

UPSC Jihad: a failed attempt of Sudarshan News

Sudarshan News is a pro-Hindutva Hindi channel known for targeting Muslims and promoting hatred against minority communities through its devastating debate shows and provocative reports. Suresh Chavhanke and Sudarshan News emerged centrestage to a controversy in year 2020. They spread an anti-Muslim narrative. At this time, it telecast one of its most polarising shows, originally scheduled to air on August 28, 2020. The show was titled “Naukarshahi me Muslamano ki Ghuspaith ke shadyatra ka bada khulasa” (The Conspiracy Behind Muslim Infiltration in UPSC – The Big Reveal). While the broadcast was ultimately stayed by the Delhi High Court on August 28, 2020, promotional trailers continued to circulate on social media, drawing significant attention. This series faced widespread criticism for its communal broadcasts.

The Editor-in-Chief of the channel and hate offender Suresh Chavhanke in the trailer can be seen as talking about the programme in this video:

#सावधान
लोकतंत्र के सबसे महत्वपूर्ण स्तंभ कार्यपालिका के सबसे बड़े पदों पर मुस्लिम घुसपैठ का पर्दाफ़ाश.

#UPSC_Jihad #नौकरशाही_जिहाद

देश को झकझोर देने वाली इस सीरीज़ का लगातार प्रसारण प्रतिदिन. शुक्रवार 28 अगस्त रात 8 बजे से सिर्फ सुदर्शन न्यूज़ पर.@narendramodi @RSSorg pic.twitter.com/B103VYjlmt

— Dr. Suresh Chavhanke “Sudarshan News” (@SureshChavhanke) August 25, 2020

The trailer highlighted a show that was set to be broadcast on August 28, 2020. In it, Suresh Chavhanke, the channel’s Editor-in-Chief, could be seen asking;

“How has there been a sudden rise in the number of Muslims in IAS and IPS?

What is the secret behind scoring high marks in such a difficult exam?

If Jihadis of Jamia become your Collectors and Chief Secretaries, what will happen then? The big reveal on the Executive being infiltrated.”

The Delhi High Court in its order dated August 29, 2024, while dismissing the vacation of stay from controversial telecast, observed that “Sudarshan News Clip Of ‘UPSC Jihad’ Show Prima Facie Violated the Programme Code”. A bench of Justice Navin Chawla observed that “Prima facie, I find the same to be in violation of the Programme Code set out under the Cable Television Networks (Regulation) Act, 1995 (hereinafter referred to as the ‘Act’)”.

The Delhi High Court’s order dated August 28, 2020 also directed the Centre to take a decision on the matter. Subsequently, the Ministry of Information and Broadcasting issued an order on September 9, 2020, permitting the broadcast of the show, which took effect on September 11, 2020. Following the same, an intervention application had been filed by seven retired civil servants before the Supreme Court seeking an injunction against the telecast of a communally inflammatory show on Sudarshan News, which allegedly discussed a “conspiracy of infiltration by Muslims in Indian civil services.” A petition was subsequently filed before the Delhi High Court challenging this decision, but the court refused to grant a stay and instead issued a notice.

Notably, on September 1, 2020, the members of the Constitutional Conduct Group – numbering 91 in total, submitted a representation to the Home Minister and the Minister for Information and Broadcasting against the Sudarshan tv and its show “Bindas Bol”, pointing out that the said program would “generate hatred towards the largest minority community of the country”, was based on demonstrable falsehoods about the supposed “growth” of Muslim representation in the Civil Services, and had the potential to divide the civil administration of the country on religious line.

Supreme Court restrained Sudarshan Tv to telecast “UPSC Jihad” show

On September 15, 2020, A bench of Justices KM Joseph, DY Chandrachud and Indu Malhotra, while considering the potential ramifications from the telecast, restrained Sudarshan TV from telecasting the remaining episodes of the “Bindas Bol” show. The bench also observed that the object of the was to vilify Muslims.

“At this stage, prima facie, it appears to the court that the object, intent and purpose of the program is to vilify the Muslim community with an insidious attempt to portray them as part of a conspiracy to infiltrate the civil services” the bench observed in its order.

Justice DY Chandrachud emphatically conveyed his disapproval of the hate-filled theme and underlying intent of the Sudarshan TV show. He observed that ““This is not a freedom of speech issue. When you say students of Jamia are part of a conspiracy to infiltrate civil services, that is not permissible. You cannot target one community and brand them a particular manner. This is an insidious attempt to malign a community”

Ultimately, Sudarshan News’s attempt to exploit sensitive socio-political issues for sensationalism failed, revealing the legal and moral responsibilities that accompany journalistic endeavours. The case stands as a reminder of the vital role of the judiciary in safeguarding democratic values and protecting marginalized communities from hate-driven agendas.

Citizens for Justice and Peace (cjp.org.in) has also repeatedly taken steps against Suresh Chavhanke, calling him out for his hate speech masquerading as news.

CJP’s complaint against Sudarshan News for its communal show ‘UPSC Jihad”

On September 1, 2020, CJP moved the News Broadcasting Standards Authority (NBSA) – now known as News Broadcasting & Digital Standards Authority (NBDSA) against Sudarshan News for airing a communally inflammatory promotional video for its show exploring a “controversy” on “infiltration” of Muslims in public services, while derogatorily terming it ‘UPSC Jihad’. The complaint was also forwarded to the Union I&B Ministry by the authority since Sudarshan TV is not a member of the National Broadcasters Association (NBA).

CJP’s strong intervention prompted the NBSA to forward the complaint to the Ministry of Information and Broadcasting (I&B). However, the response indicated that “This is to inform you that Sudarshan TV is not a member of the NBA. Hence NBSA cannot take action on the complaint based on NBSA regulations.”

The NBSA also referenced the I&B Ministry in its communication, forwarding the complaint to key officials, including the Joint Secretary and Under Secretary, while advising follow-up on the matter.

Ministry of Information & Broadcasting cautioned the Sudarshan News

Following the same, The Ministry of Information & Broadcasting (MIB) filed an affidavit in the Supreme Court stating that Sudarshan TV’s UPSC Jihad program was “not in good taste” and had the potential to “promote communal attitudes.” In this context, Ministry through its order dated November 4, 2020 cautioned the channel, led by Suresh Chavhanke, to be “careful in the future.”

The MIB, after examining all the facts and circumstances of the case and balancing the fundamental rights of the broadcaster, cautioned Sudarshan TV Channel Ltd to exercise caution moving forward. The order further indicated that if any future violations of the Programme Code were found, stricter penal action would be taken.

The order was issued in light of the proceedings involving the MIB against Sudarshan TV for its alleged violation of the Programme Code under Rule 6 of the Cable TV Networks Rules, 1994, which were framed under the Cable TV Networks Act, 1995. This action was specifically related to the telecast of the program titled “Bindas Bol – UPSC Jihad.”

Chavhanke’s habitual indulgence in spreading hate and divisive propaganda

Suresh Chavhanke’s derogatory comments during National Education Day revealed a troubling trend in contemporary media discourse. By questioning the legitimacy of a national figure due to his Muslim identity, Chavhanke not only disrespected a revered freedom fighter but also promoted a divisive narrative that undermined India’s secular ethos. His remarks, which implied that non-Hindus could not hold significant national roles, contributed to a broader radical culture of intolerance and exclusion.

Chavhanke’s demeaning comment on Maulana Abul Kalam Azad

In November, 2020, on the occasion of national education day, he was targeted none other than Maulana Abul Kalam Azad, the well-known freedom fighter and independent India’s first education minister who was also known as a left-leaning rational Muslim. Since 2008, November 11, every year, is celebrated as the National Education Day in India to commemorate his birth anniversary. A twitter post was put up by the union minister for road transport & highways, Nitin Gadkari honouring Abul Kalam. However, the said twitter post was then re-shared by Chavhanke, along with vile, communal and instigating comments.

Sharing this picture, Chavhanke wrote;

“How can someone become the Bharat Ratna or the Education Minister of India when they are not from India?” (Jo Bharat Ke Nahi the Veh “Bharat Ratna” Ya “Bharat Ke Shiksha Mantri” Kese Banaye Gaye the?)

“How can a country, which has been hunted by the joint conspiracy of the British and jihadis, accept the National Education Day in the name of hunters?” (Angrezo Aur Jihadiyon Ke Sanyukt Shadyantra Ka Shikar Kiya Gaya Desh, Shikari Ke Naam Par Rashtriya Shikha Diwas Kese Mana Sakte Hai?).

He then tagged Prime Minister Narendra Modi, Education Minister Dharmendra Pradhan, and the Rashtriya Swayamsevak Sangh (RSS), urging them to “consider changing the decision of the previous government (pichle Sarkar ka yeh nirnay badla jae).”

Attacks on Muslims and Christians

On December 25, 2022, a video surfaced of Suresh Chavhanke delivering a hate speech that targeted and promoted an Islamophobic agenda, while also criticising the Christmas festival. He claimed that “the Christmas of the 2% is being imposed on the 98%.” This incident was reported by the Twitter account “Hindutva Watch,” which tracks hate crimes and speeches by right-wing groups.

In March, 2023, On the occasion of Gudi Padwa, the Maharashtrian New Year, when all people look forward to messages of positivity, hate mongers like Chavhanke were busy injecting hatred. More problematic is the fact that the police and administration allowed this sort of corrosive activity unchecked.

At Anant Kanhere Maidan in Nashik on Hindu New year, March 22, Chavhanke addressed a large crowd at a ‘Hindu Hunkar Sabha’, speaking in Marathi while the entire show was streamed live on YouTube. In his hour-long speech, he resorted to his usual fear mongering, stigmatising Muslims and Christians, referring to them in denigrating terms, gave calls for violence, used the ‘they should be in Pakistan’ trope, made baseless claims of encroachment over temples, made unfounded claims about “love Jihad”, revolved his narrative around attacking the autonomy of women and urged people to take law in their hands.

Further, using the victim card, trying to generate both anger and fear, Chavhanke made some baseless claims about ‘Land Jihad’ around the Navshya Ganpati temple in Nashik. He claimed that he would be going to visit the temple and then the countdown will begin. He said he will gift a bulldozer to CM Eknath Shinde to remove this “encroachment”. This statement evoked a loud applause from the audience. He even attacked Christians. He claimed that Adivasis living in Peth, Harsul, Trambak, Igatpuri, Surgana, Ghoti are being converted “in large numbers”

Nexus with other serial hate offenders

On March 27, 2023, in the same chain of hateful and divisive propaganda, Suresh Chavhanke attended Hindu Ekta Rally organized in Faridabad, Haryana by right-wing extremist Bajrang Dal leader and serial hate offender, Bittu Bajrangi, where multiple right-wing hate offender including Chavhanke delivered hate speeches with deliberate intent to target Muslims and Christians. Hate-peddler Chavhanke through his speech propagated Islamophobic narrative while peddling false conspiracy theories and urged the residents of Faridabad to take action against Muslims so that the district does not see a rise in Muslim population. He also used anti-Muslim slurs and called on factory owner in Faridabad to remove so called “Bangladeshi” workers and ask them for their documents.

On April 14, 2023, this time a new video of hate monger Suresh Chavhanke, surfaced on social media, where he was in conversation with a Hindu monk Devkinandan Thakur and both of them can be heard making calls for repeating the Babri mosque demolition while referring the Mathura and Kashi dispute. Chavhanke openly attacked on Muslim community while saying that “Their mosque say this, pray five times a day, their Allah is the great, then what about our Mahadev, our Lord Krishna? These is beyond our patience. I do not know what to say about this. Till now we could have said that we did not understand what they are saying in Farsi, Arabi or Urdu, but now we know.” He further added that “If my speech is hate speech, then what is being uttered from these mosques, their Azaan, that is the biggest (form of) hate speech.” During the entire show, both the hate mongers, used derogatory slurs against the Muslims while “our Keshav is under the stairs. And upon him, these Mullas (anti-Muslim slur) are walking with shoes. If our government, our constitution is stopping us from taking action, then it is wrong.” The video later removed by the twitter as violative of community standards.

Names of roads in Delhi to be changed to Hindu leaders

Chavhanke has established a pattern of posting communal rhetoric and Islamophobic propaganda on social media, consistently tagging top BJP and RSS leaders to garner attention. As just days prior to the inauguration of new Parliament house, Chavhanke delivered another communal and provocative speech, in which he openly threatened to use force and violence against the minorities in order to make India an undivided Hindu nation. He also urged the government to change the name of the streets in Delhi and rename them to Hindu leaders. The said speech was delivered in Noida, Uttar Pradesh.

It is important to highlight that on March 19, 2023, in Maharashtra, when Aurangabad had been renamed as Sambhajinagar, Suresh Chavhanke, along with T. Raja Singh, had given hate speeches which has resulted in to the rampant destruction of public property and pelting of stones.

Incited violence and clash against the Muslim community

In June, 2023, Chavhanke then gave another speech in Sangamner, Maharashtra at an event organised by the right-wing extremist Sakal Hindu Samaj organised Hindu Jan Akroash Morcha where hate monger Suresh Chavhanke demonised Muslims, sexualised Muslim women and called on them to marry Hindus. Prior to the incident, on June 4, 2024, he posted a video about it from Red Fort where he said that he was going to Sangamner to stop the “Islamification” of the city. “The state of affairs in Sangamner is quite bad because the city is turning “green”, there is Love jihad happening against Hindu girls and Hindus are walking in fear on the streets”.

चलो संगमनेर!
संगमनेर का इस्लामीकरण रोकने के लिए।
दिल्ली के लाल क़िले से सुरेश चव्हाणके जी दिया नारा। दिल्ली से भी आयेंगे लोग।
6 जून, सुबह 9 बजे ज़्यादा से ज़्यादा संख्या में सहभागिता करें। pic.twitter.com/8YcUyV0UEM

— TeamHindu (@TeamHinduOrg) June 4, 2023

Repercussions due to Chavhanke’s speech in Sangamner:

After reaching Sangamner, on June 5 he posted another video where he said, “I have seen some WhatsApp forwards saying that we do not have police permission for our rally. But this is a rumour. Basically we do not need permission for such events. When they molest our sisters, they do not take permission. So we do not need permission to speak up against this. The morcha will happen at any cost”.

किसी भी हाल में संगमनेर का भगवा मोर्चा होगा ही। सरकार से सहयोग अपेक्षित @Dev_Fadnavis @mieknathshinde @DGPMaharashtra @NagarPolice pic.twitter.com/S30j1bapvM

— Dr. Suresh Chavhanke “Sudarshan News” (@SureshChavhanke) June 5, 2023

On his Twitter account he even posted a video of the rally showing people had gathered in large numbers for the rally:

महाराष्ट्र के संगमनेर मे “भगवा मोर्चा”में हिन्दुओं का जन सागर। #HinduHunkarSabha
pic.twitter.com/q3HmIAfuSZ

— Dr. Suresh Chavhanke “Sudarshan News” (@SureshChavhanke) June 6, 2023

At the rally he made a speech, during the speech Chavhanke made several controversial claims while discussing the benefits of Muslim girls marrying Hindu men. He suggested that such marriages would spare them from living with a husband’s multiple partners, prevent them from becoming “baby-making factories,” and exempt their children from circumcision. He also claimed that Hindu men treat their female relatives with respect and that women would not face arbitrary divorce through “Talaq.” He asserted that, since promoting these views, 10 lakh Muslim women have married Hindu men. Alongside this, he posted a video showing the aftermath of a mob vandalizing an eatery, highlighting the chaotic scene with food scattered and police present.

महाराष्ट्र, संगमनेर

सुरेश चव्हाणके ने भगवा मोर्चा निकाला था!
भीड़ को उकसा रहा था!

भीड़ ने कई दुकानो पर हमला किया, खूब बवाल काटा!

भीड़ पर तोड़ फोड़ के भी आरोप लग रहे है!

सभी जानते है सुरेश TV से लेकर सड़क तक रोज़ लोगो को धर्म विशेष के प्रति भड़काता है!pic.twitter.com/vl59hkJnnT

— Sadaf Afreen صدف (@s_afreen7) June 6, 2023

The CJP has maintained constant 24/7 vigilance and effort in combating hate speech and incidents of communal division, resulting in complaint filed by CJP on June 12, 2023 with the Sangamner and Ahmednagar police concerning Suresh Chavhanke’s inflammatory remarks and violence provoking speeches delivered on June 6, 2023.

Additionally, Chavhanke is also responsible for stirring controversy by delivering inflammatory speeches demonising Rohingya refugees, and propagating conspiracy theories as he stoked tensions at events in Jhansi and Ujjain in July, 2023.

Accused of propagating fake “Spite Jihad Theory”

Apart from Chavhanke’s usual focus on anti-Muslim rhetoric on Madrassas and Mosques and a broader anti-minority agenda, he also actively promotes his controversial and dangerous narrative of “spit jihad,” which is rooted in provocative and hate-filled speeches against Muslims and Islam. Suresh Chavhanke at an event of “Hindu Hunkaar Sabha” was organized by the right-wing hate propagating outfit, Sakal Hindu Samaj at Kopargaon (Maharashtra).

Chavhanke’s “spit jihad” agenda seeks to harm Muslim businesses by promoting a narrative that encourages people to avoid purchasing from Muslims. This call for a boycott has significantly impacted the economic stability of many families. As a consequence of the propaganda propagated by the serial hate offender like Chavhanke, the governments of Uttar Pradesh and Uttarakhand —both ruled by the BJP—ordered the disclosure of the names of the of Hotel and Dhaba owners during the Kanwar Yatra route, leading to severe difficulties for Muslim hotel operators. (A minister from Congress-ruled Himachal Pradesh also declared that state government’s intention to do the same but was forced to withdraw after a public outcry). This move was a deliberate and shameful attempt by the Uttar Pradesh government to use hate and slur as precursor to effect a boycott Muslim businesses on the basis of their religious identity, illustrating the harmful narratives that hate mongers like Chavhanke aim to promote. Later, the Supreme Court stayed the controversial and discriminating directions of state forcing food sellers to disclose their identity

Shockingly, Chavhanke also called for the application of the “2002 Gujarat Model” in Haryana as violence flared in the state. His reference to the “Gujarat model,” a period marked by communal violence and accusations of deliberate inaction by the state government, raised serious questions about the intentions behind such inflammatory remarks. Since July 31, 2023, Chavhanke had been tweeting seemingly provocative content about Haryana, claiming an alleged conspiracy to ‘eradicate Hindus’ from Mewat. This blatant disregard for legal consequences by individuals like Chavhanke is a significant concern for both the authorities concerned with protection of law and order, citizens and most of all, the targeted community itself.

मेवात में हिंदुओं के ख़ात्मे का क्रम जारी है।
आज तो महाभारत क़ालीन यात्रा को रोक कर कई हिंदुओं को मार डाला है।

गोलीबारी आगज़नी से लेकर बहुत कुछ

आज के बिंदास बोल में रात 8 बजे दिखाऊँगा। pic.twitter.com/rYqEJ4Sg14

— Dr. Suresh Chavhanke “Sudarshan News” (@SureshChavhanke) July 31, 2023

Detailed story by Sabrang India can be read here

Chavhanke and VHP hit out Maharashtra govt for allocating funds to the minority budget

On June 10, the Maharashtra Minority Development Department announced that the Waqf Board would be allocated Rs 2 crore from the Rs 10 crore budget earmarked for minority welfare in the 2024-25 financial year. This directive was issued by Moin Tashlidar, the Deputy Secretary in the Maharashtra government. Chavhanke and the VHP criticized the Maha Yuti government, led by the BJP in Maharashtra, for allocating a grant of Rs 10 crore to the state Wakf Board.

Chavhanke through his video segment, made the following claims,

“Why did the Maharashtra government give a grant of 10 crore rupees to the Waqf Board, which should be buried? To defeat Modi in the Lok Sabha elections, those who did vote jihad are now being given a return gift by Eknath Shinde ji? Does this mean that if Afzal Khan stabs us in the back now he will be rewarded? If you want to give it, give it from your party’s account, the one you separated in the name of Hindutva. We oppose giving money to a board that should be dissolved.” He also invited people to tune into his show and give him support.

जिस वक़्फ़ बोर्ड को कबर में गाड़ना चाहिए उसे महाराष्ट्र सरकार ने १० करोड़ रूपये की ख़ैरात क्यों दी?

लोकसभा चुनाओ में मोदी को हराने के लिए जिन्होंने वोट जिहाद किया, उनको एकनाथ शिंदे जी रिटर्न गिफ़्ट क्यों दे रहें है?

मतलब अब अफ़ज़ल खान पीठ में ख़ंजर मारेगा तो उसका पेट फाड़ने… pic.twitter.com/dElSf5f6ii

— Dr. Suresh Chavhanke “Sudarshan News” (@SureshChavhanke) June 14, 2024

Notably, On December 27, 2021, a complaint was filed by Supreme Court advocates Avni Bansal, Prakhar Dixit, and Prashant Dubey against Suresh Chavhanke. The complaint highlighted that Chavhanke delivered hate speech and incited enmity among different religious groups at an event organized by Hindu Yuva Vahini at Banarsidas Chandiwala Auditorium in Delhi on December 19, 2021. During the event, he administered an oath to a large audience urging “die for and kill” to make India a “Hindu Rashtra”, or a Hindu nation, using inflammatory and provocative language that incited feelings of communal violence and called for violence against individuals in the name of religion, if deemed necessary. The video of the said oath was posted on X (formerly twitter) by Chavhanke himself.

मेरे साथ हिंदू राष्ट्र की शपथ लेते हुए हिंदू युवा वाहिनी के शेर और शेरनियां #HinduRashtra @myogiadityanath pic.twitter.com/AVt1QqHb1x

— Dr. Suresh Chavhanke “Sudarshan News” (@SureshChavhanke) December 19, 2021

Against the backdrop of the communal oath events at the Haridwar Dharma Sansad and the Hindu Yuva Vahini event in Delhi, a Public Interest Litigation (PIL)—in 2020-21– was filed by retired High Court judge of Patna High Court, Anjana Prakash and journalist Qurban Ali. In response, the Delhi Police submitted an affidavit specifically addressing the Delhi event, dismissing any claims of hate speech occurring during it. However, on April 22, 2022, the Supreme Court reprimanded the Delhi Police for its affidavit that, shockingly, asserted that no hate speech had taken place at the December 2021 Hindu Yuva Vahini event in Delhi. The Apex Court’s criticism prompted the Delhi Police to declare that it would file a “better affidavit” to address the concerns raised by the Court.

However, on October 20, 2024, in Ahmednagar, Maharashtra, at the Ahilyabai Holkar Anniversary celebration, serial hate offender, Suresh Chavhanke, again launched a provocative attack on the LGBTQ community, branding them as a propaganda tool undermining Hindu families and eroding the very fabric of Hinduism, which he labelled “cultural terrorism.” His controversial remarks extended to Christians, whom he accused of orchestrating targeted conversion efforts in Ahmednagar. Chavhanke also described the phrase “Allahu Akbar” as a supremacist statement, intended to provoke Hindus. His speech stirred significant controversy, reflecting deepening cultural tensions within the community.

CJP’s fight against hate events promoted by Suresh Chavhanke

Citizens for Justice and Peace (CJP) has been unwavering in its fight against the hate events propagated by Suresh Chavhanke. Following his inflammatory remarks at a September 2022 rally in Badarpur, where he urged Muslim women to marry Hindu men, CJP approached the National Commission for Minorities. Chavhanke’s rhetoric, which included promoting a false narrative about Hindu marriages, was part of a broader pattern of Islamophobic speech. In early 2023, CJP filed complaints with Maharashtra authorities, emphasising Chavhanke’s encouragement of rebellion against the Supreme Court. This was compounded by political figures, such as Suraj Pal Amu, inciting violence against anyone opposing Chavhanke. CJP’s advocacy continues to spotlight these dangerous narratives, emphasizing the need for accountability and legal action to protect communal harmony. Their commitment to countering hate speech reflects a broader societal concern for religious tolerance and the safeguarding of minority rights in an increasingly polarized environment.

On September 13, 2022, CJP moved the National Commission for Minorities against the habitual hate offender Suresh Chavhanke for his Islamophobic speech at a rally in Badarpur, Haryana held on September 4, 2022. In this event, he urged Muslim women to marry Hindu men instead of Muslim men. According to a video that surfaced on social media at that time, Chavhanke and his supporters were seen chanting “Jai Shri Ram.” Additionally, Chavhanke was heard saying… “If you marry a Hindu man, he won’t do any kind of injustice to you. I’ll tell you 10 benefits today keeping Hindus as witness, keeping Bhagwan (God) as witness on camera, in the video, I promise that if you get married to Hindu boys and become Hindu, then you won’t have to face talaq. You won’t have to become a baby making factory, you won’t have to give birth to 40-40 children.”

Sudarshan News editor Suresh Chavhanke continues his anti-Muslim hate propaganda unabated acting with impunity. pic.twitter.com/i7QIn5QVfX

— SWAG Report (@SwagReport) September 6, 2022

On January 29, 2023, a video circulated on social media, posted by “Hate Detector” on X, featuring Suresh Chavhanke delivering anti-Muslim hate speeches throughout Maharashtra. He openly instigated individuals to defy the Supreme Court by administering an oath to establish a Hindu nation alongside him. This act further highlighted his role as a serial hate offender.

This is from #Nagar, #Maharashtra. #SudarshanNews owner #SureshChavhanke continues to deliver anti-Muslim hate speeches across various parts of Maharashtra state.#Hindutva #HateSpeech pic.twitter.com/IOCVOAIucu

— Hate Detector (@HateDetectors) January 29, 2023

CJP continues its tireless fight against the hate and propaganda propagated by Suresh Chavhanke. On February 6, 2023, in response to the January 29 event, CJP approached the DGP Maharashtra and  Superintendent of Police in Ahmednagar, Maharashtra, raising concerns about the speech delivered by serial hate offender Suresh Chavhanke, which promoted Islamophobic propaganda. CJP strongly asserted that Chavhanke espoused a harsh, right-wing, exclusionist ideology that transcended mere hate-mongering, actively encouraging others to rebel against the Supreme Court by administering an oath to establish a Hindu nation alongside him. Chavhanke further claimed that any actions taken against him were a result of pressure from the Supreme Court on the Delhi Police, which he labelled as an injustice.

However, in an unlawful and anti-constitutional counter-move, the BJP’s Chief Media Coordinator in Haryana and President of Karni Sena, Suraj Pal Amu, openly called for violence if any action was taken against Sudarshan News editor and hate-peddler Suresh Chavhanke at Jantar Mantar in Delhi.

In the said video, Amu addresses a large audience, declaring, “If anybody touches Suresh Chavhanke, will we let them?” (audience shouts NO). He further incites the crowd, asking, “If anybody harasses him, will you spare him?” (audience shouts NO), and warns against any opposition to their agenda of establishing a Hindu Rashtra. This incident highlights the dangerous nexus among hate offenders within political circles. Amu’s rhetoric not only reinforces Chavhanke’s role as a central figure in this hate nexus but also mobilizes support among his followers, declaring, “Suresh Chavhanke is not alone; all of Hindustan’s 1.25 crore Hindus are with him.” He encourages applause for Chavhanke, indicating a collective identity rooted in hate.

CJP’s commitment to combating hate speech remains unwavering. On June 12, 2023, CJP filed another complaint with the Superintendent of Police in Ahmednagar, Maharashtra, against serial hate offender Suresh Chavhanke. This complaint addressed the communal and hate-filled speeches he delivered at an event organized by the right-wing extremist group Sakal Hindu Samaj on June 6, 2023. CJP continues to advocate for accountability and justice in the face of rising hate propaganda.

On May 19, 2023, CJP filed a complaint to Superintendent of Police, Ahmednagar against the serial hate offender, Suresh Chavhanke for delivering hate-spewing speech at an event organized by the Rashtriya Sri Ram Sangh (SRS) in Shrirampur (Ahmednagar District), Maharashtra. Chavhanke, at the birth anniversary of Sambhaji Maharaj, fabricated facts and history, and then perpetuated the lie by means shouting anti-Muslim slurs, and referring Aurangzeb for “every broken tile in a temple”. This is not the first time Suresh Chavhanke has crossed a line while addressing an aggressive crowd; he has a recurring pattern of delivering hate speeches and promoting divisive propaganda. His remarks often provoke tension and controversy, raising concerns about their impact on social cohesion and communal harmony.

Chavhanke’s behaviour signals a dangerous shift in public discourse, eroding religious tolerance. His recent speech exemplifies this concerning trend of shouting anti-Muslim slurs in public gatherings. Through his speech he openly said that “A few Muslims got upset with me, a Muslim minister told me a few days ago that they are upset with me. When I asked him the reason behind it, he said that he was upset with me because I used the word l***a (anti-Muslim slur). Tell me, he got upset over the fact that I called Aurangzeb a l***a. If I don’t call Aurangzeb a l***a, then whom should I call a l***a? This video was removed by Twitter for grossly violating community standards.

On August 18, 2023, CJP took a significant step by approaching the National Commission for Minorities regarding the multiple hate speeches delivered by Suresh Chavhanke in Uttar Pradesh, Maharashtra, and Madhya Pradesh. These speeches aimed to propagate his hate-filled and communal agenda, posing a serious threat to societal harmony and peace. CJP’s action underscored its ongoing commitment to addressing hate speech and protecting minority rights. By bringing these issues to the attention of the National Commission for Minorities, CJP sought not only accountability for Chavhanke’s actions but also broader measures to counteract the spread of hate speech across the country.

Suresh Chavhanke’s repeated dissemination of hate speech raises critical concerns about accountability and ethics in Indian media. Despite numerous complaints against his communal rhetoric, the Ministry of Information and Broadcasting has not issued warnings or taken steps to remove his provocative shows. This inaction suggests a troubling tolerance for hate speech within official channels. Furthermore, the police authorities’ failure to initiate suo moto action indicates a lack of commitment to upholding public order and protecting marginalized communities from incitement and violence. This pervasive impunity not only emboldens individuals like Chavhanke but also erodes the foundational values of justice and equality essential for a diverse society.

The moot question is, why, despite overwhelming evidence of communal incitement, does the state remain passive?

Related

CJP moves NCM against Suresh Chavhanke for his Islamophobic remarks

RSS member, Suresh Chavhanke and VHP hit out at Ekanth Shinde government for allocating minority funds

CJP complains to Sangamner, Ahmednagar Police about Suresh Chavhanke hate speech

The post Suresh Chavhanke: The voice of extremism and champion of division media 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.

Related

BJP-ruled states account for highest Dalit violence cases, UP on top, MP records highest reported crimes against STs

15-yr-old Dalit ‘gangrape victim’ takes her own life: Chitrakoot, UP

Cruelty for Caste: Dalit youth, Scholar, Student targeted in shameful attacks 

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.

Meanwhile, the state of Madhya Pradesh is at the top, with 2979 cases of atrocities/violence against STs, Rajasthan being the second highest with 2498 and Odisha only accounts for 773 cases – in registration of cases of offences of atrocities against the scheduled tribe community.

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.

Moreover, as the table above shows thirteen States, cumulatively accounting for 97.7% (51656) of the total cases (52866) relating to offences of atrocities against members of SCs, registered under the PoA Act in conjunction with the Indian Penal Code, 1860 (repealed), during the year 2022. The report also provides the figures pertaining to the atrocities against the STs. The 13 states directly account for 98.91% (9627) of the total 9735 cases.

India’s disturbing trend of caste-based violence continues to escalate, with Uttar Pradesh topping the list of atrocities against Dalits and marginalised communities. According to the National Crime Record Bureau’s 2022 data, (same period as the ministry’s report) the state reported a staggering 15,368 cases, marking a 16% increase from 2021’s 13,146 cases. Rajasthan follows closely, ranking second with 8,752 registered cases of anti-Dalit violence. Madhya Pradesh retains its third position, accounting for 7,733 cases of atrocities against Dalits.

NCRB 2022 report shows 57,582 cases of Dalit Violence in 2022

The National Crime Records Bureau’s (NCRB) ‘Crime in India’ annual report for the year 2022 also highlighted that the total number of 57,582 cases were registered for committing crimes against Scheduled Castes (SCs), an increase of 13.1% over 2021 (50,900 cases). The crime rate registered shown an increase from 25.3% in 2021 to 28.6% in 2022. In crime head-wise cases, highest number of cases (18,428, 32.0%) were registered under simple hurt followed by cases under Criminal Intimidation with 9.2% (5,274 cases) and SC/ST (Prevention of Atrocities) Act with 8.2% (4,703 cases).

Similarly, a total of 10,064 cases were registered for committing crime against Scheduled Tribes (STs), showing an increase of 14.3% over 2021 (8,802 cases). Anti-Dalit crime rate registered increased from 8.4% in 2021 to 9.6% in 2022. The NCRB figures further elaborated that in Crime head-wise cases, highest number of cases (2,826 cases, 28.1%) were registered under simple hurt (2,826 cases) followed by rape with 13.4% (1,347 cases) and assault on women with intent to outrage her modesty with 10.2% (1,022 cases).

The report highlighted that Uttar Pradesh (15,368), Rajasthan (8,752), Madhya Pradesh (7,733), and Bihar (6,509) reported the highest number of crimes against SCs. In UP, the number of crimes against SCs went up from 13146 in 2021 to 15368 in 2022 – an increase of 16%. The figure was 12,714 in 2020.

BJP-ruled UP tops in cases of Dalit atrocities

Uttar Pradesh, India’s most populous state, grapples with an alarming rise in Dalit atrocities. Uttar Pradesh ruled by the BJP for two terms under Chief Minister Yogi Adityanath, has earned the unfortunate distinction of topping the list of states with the highest number of registered cases of atrocities against Dalits. Registration of 12,287 Dalits atrocities cases, consisting 23.78% of the total cases reported nationwide in year 2022.

Investigation done by police during 2022 in PoA cases

As the report states, 69,597 cases related to SCs and 12,417 of STs were brought forward by the Police. In which chargesheet had been filed in 49,852 cases and 77 cases transferred to another State/Agency. At investigation stage, 65 cases have been quashed/stayed by the court and Final Report has been filed in 12,113 due to reason of false case, mistake of fact/law, insufficient evidence etc.

However, at the end of 2022, 17,166 cases of SCs and 2,702 ST cases pending with the police, only 2 cases investigated u/s 157(1)(b) of CrPC during the year 2022. In these cases, it is seen that 60.38% cases relating to Scheduled Castes were charge sheeted in courts during 2022, in 14.78% SCs cases final report submitted (such as false, mistake of fact/law, true but insufficient evidence) during the 2022. Similarly, 63.38% cases related to SCs were charge sheeted during the year, with 14.71% of cases having final reports submitted, during the year 2022.

Notably, the disturbing trend in the report also revealed that the conviction rate under the Prevention of Atrocities (PoA) Act plummeted to 32.4% in 2022, a significant drop from 39.2% in 2020.

This downward spiral raises questions about the effectiveness of law enforcement agencies and judicial cognizance in protecting Dalits from caste-based violence despite stringent laws. Further compounding the issue is the scarcity of special courts designated to handle these cases. Out of 498 districts across 14 states, only 194 have established these crucial courts, hindering swift justice for victims, according to report.

Report flags lack of Exclusive Special Courts in India

As section 14 of the PoA Act, empowered the state government to establish Exclusive Special Court for one or more district for dealing with the atrocity and violence cases of scheduled Castes and Scheduled Tribes for the purpose of providing a speedy trial in such cases, the number of Exclusive Special Courts are not adequate in India as out of 498 total districts across the country only 194 special courts have been established. The number of special courts in the country are not even half of the total districts within the country.

This shortfall created a significant obstacle in delivering justice to victims of caste-based violence and discrimination. As Exclusive Special Courts have powers to take direct cognizance of offences under the Act, the inadequacy of Exclusive Special Courts hampered the proper implementation of the PoA Act and led to delays and ineffectiveness in anti-Dalit violence cases. The report stressed that it is the duty of the State Government to establish adequate number of Courts to ensure that cases under the PoA Act are disposed of within a period of two months, as far as possible.

Special Police Stations for SCs and STs Complaints set up by five states only

As per the report, Special Police Stations for registration of complaints of offences against members of the SCs and STs have been set up in five States includes Bihar, Chhattisgarh, Jharkhand, Kerala and Madhya Pradesh. In Bihar’s 38 districts, 40 Special Police Station has been established, in Chhattisgarh’s 28 districts, 27 Special Police Station, 24 in Jharkhand’s 24 districts, 3 in Kerala’s 14 districts and, 51 in Madhya Pradesh’s 52 districts. Despite almost equal establishment of Special Police Station in MP, the state positioned on third in accounting of atrocity cases against Dalits and the marginalised.

Dalit Atrocities soar in UP, 49,613 cases reported from 2018-2021

In March 2023, the Indian government informed Parliament that a staggering number of over 1.9 lakh cases of crimes against Dalits were recorded during the four-year period from 2018. According to data from the National Crime Records Bureau (NCRB), Uttar Pradesh alone has reported 49,613 cases of total atrocities and attacks on Dalits (11,924 in 2018, 11,829 in 2019, 12,714 in 2020, and 13,146 in 2021). Union Minister of State for Home Affairs, Ajay Kumar Mishra, shared this information in response to a question posed by BSP MP Girish Chandra, who inquired about mechanisms for monitoring such incidents.

NCRB data shows 57,582 cases of Dalit Violence in 2022

The National Crime Records Bureau’s (NCRB) ‘Crime in India’ report for the year 2022 also revealed that a total of 57,582 cases were registered for committing a crime against Scheduled Castes (SCs), an increase of 13.1% from 2021 (50,900 cases). The crime rate registered an increase from 25.3% in 2021 to 28.6% in 2022. The report highlighted that Uttar Pradesh (15,368), Rajasthan (8,752), Madhya Pradesh (7,733), and Bihar (6,509) reported the highest number of crimes against SCs. In UP, the number of crimes against SCs went up from 13146 in 2021 to 15368 in 2022 – an increase of 16%. The figure was 12,714 in 2020.

Most recent shocking instances of anti-Dalit violence in UP, Rajasthan and MP

Sabrang India and CJP have been diligently tracking the alarming rise of hate crimes against Dalits and other marginalised communities in India. The numerous incidents include violence, discrimination, and social exclusion of Dalits have been reported, highlighting the devastating reality of Dalit survival in the country.

Uttar Pradesh

BJP’s government in Uttar Pradesh has faced many severe criticisms for its inability to prevent Dalit violence in the state, despite being in power for two consecutive terms. The recent surge in anti-Dalit attacks has raised concerns about the government’s commitment to protecting the rights of the Dalit community in the state. As the whole country witnessed the horrible tragic incidents of Hathras and Lakhimpur Kheri in year 2020, representing a distressing chapter in India’s ongoing struggle with anti-Dalits crimes and caste discrimination in the state of Uttar Pradesh. The tragic incident of Lakhimpur Kheri where two Dalit minor sisters were found hanging from a tree in Uttar Pradesh’s Lakhimpur district. The family alleged abduction, rape, and murder, later post-mortem reports confirmed that the Dalit sisters were raped before being murder. Similarly, the Hathras incident of rape, murder, and alleged systemic failures, has revealed the systematic exclusion of Social Justice against the victims belonged to Dalits and marginalised communities, especially Dalit women.

CJP’s recent report on Dalit atrocities in the state of Uttar Pradesh may be read here

On August 18, 2024, in Uttar Pradesh’s Ambedkar Nagar, a 21-year-old gang-rape survivor ended her life after UP Police denied to lodge an FIR against three men for the crime and coerced her father into misreporting the complaint. Father of the victim revealed that his daughter had gone missing from their home on the evening of August 16. The father immediately went to the local police outpost to file an FIR but the Police refused to lodge an FIR and forced him to change the complaint. On August 18, the victim’s younger sister discovered her hanging in her room. The devastated father reported to police that his daughter had felt humiliated and abandoned due to the authorities lack of response.

On October 5, 2022, in Ambedkar Nagar, a student hung herself from the ceiling of her room. The father of the victim has reportedly stated that she had gone into “depression” after allegedly being kidnapped and gang-raped by two youth when she was on her way to school in the district’s Malipur area.

Rajasthan

Rajasthan reported the second highest number of Dalit atrocities nationwide, with 8,651 cases reported in 2022. The state’s disturbing trend of violence and discrimination against Dalits persists, despite laws aimed at protection. Brutal incidents, including killings, rapes, and social boycott highlight the need for urgent action and accountability.

On January 26, 2024, a 17 year old tenth-grade student, was busy with creating reels at Ajmer’s Ana Sagar Chaupaati, a popular place for tourists and visitors, when he was attacked. A group of young men approached him and demanded he stop taking videos. Following which, the men who have been identified as Pushpendra, Rohit, and Gokul, assaulted the boy brutally. They used sticks and forced him to kneel down, and made him utter the word “papa.” The torment did not end there; one of the perpetrators even urinated on the young victim and reportedly even forced him to drink liquor.

In Rajasthan’s Alwar, an eight-year-old Dalit boy was reportedly assaulted for touching a water bucket near a hand pump in a village in Rajasthan’s Alwar district. As per a report by the Indian Express, the police have stated that the incident occurred on the morning of March 30, 2024 when the boy, a fourth-grade student at the village’s government school, went to drink water from the hand pump on school grounds. As per the complaint, a man from a higher caste, who was filling the bucket with water at the Time, attacked the boy when he touched the bucket. The man refused to apologise and even shouted at the boy’s family, subjecting them to casteist abuse. A police complaint has been lodged in Ramgarh police station by the parents.

Another incident in Rajasthan’s Karauli district, in what seems to be a shocking incident, a magistrate reportedly asked a Dalit gang rape survivor to undress to inspect her injuries. The magistrate has been booked after the survivor lodged a complaint on March 30, 2024 accusing the magistrate of requesting this during a court session in Hindaun. The incident is being treated as an instance of outraging modesty, and charges have been filed under section 345 of the IPC and the SC/ST (Prevention of Atrocities) Act.

Madhya Pradesh

Madhya Pradesh reported the third highest number of Dalit atrocities nationwide was also faced criticism recently for curtailing welfare funds of the SC/STs and diverting the SC/ST welfare fund for the welfare of cows, museums and religious sites. As per a document reviewed by the HT, ₹252 crore has been allotted to cow welfare (Gau Samvardhan and Pashi Samvardhan), a total of ₹95.76 crore has been allocated from the SC/ST sub-plan. Madhya Pradesh’s decision to divert ₹95.76 crore from the SC/ST welfare fund to support cow welfare, museums, and religious sites was a shocking betrayal against marginalised communities. This move not only undermines the government’s duty to ensure social justice but also perpetuates the systemic oppression of Dalits. The cow welfare fund has increased from about ₹90 crore in the last year. Madhya Pradesh was the second state after Karnataka to divert funds from the SC/ST sub-plan for other schemes. Karnataka decided to take ₹14,000 crore from the sub-plan for funding its welfare scheme.

A Dalit youth in Mainpuri, while working on his own land, was attacked by a group of men. The authorities have registered a case involving assault and harassment against the Dalit community under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. As per reports, the police are now searching for the culprits who are currently absconding. The police have filed a complaint against one Munshi Khan and his associates.

In Morena, Madhya Pradesh, a Dalit sarpanch was reportedly tied to a tree and beaten. After the violence, the man was forced to flee his native village. The sarpanch of Koutharkalan panchayat has reportedly filed a complaint at the Porsa police station on Thursday. He had reportedly faced harassment over the past two years. The attackers had pressured him to leave his position and hand over his digital account details. However, after he refused to follow their demands, the goons allegedly took him to the outskirts of Koutharkalan, tied him to a tree, and brutally thrashed him, covered in a report by CJP.

However, before 2022, India registered 1,89,945 cases of crimes against the Dalit community during the four-year span (42,793 in 2018, 45,961 in 2019, 50,291 in 2020, and 50,900 in 2021). Out of all these cases, chargesheets were filed in 1,50,454 of these cases which resulted in only 27,754 convictions. These are records of only reported crimes having taken place, there is no way to account for cases that never reached law enforcement officers.

What is the Prevention of Atrocities Act 1989?

While acknowledging the deep-rooted caste system and its role in perpetuating atrocities, the Parliament of India enacted the scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules 1995 that come into force with effect from January 30, 1990. This special legislation enacted with aims to preventing commission of offences by persons other than Scheduled Castes and Schedules Tribes against members of SCs and STs and also provide for Special Courts for trial of such offences and for relief and rehabilitation of the victims of such offences. The PoA Act is extended to whole of India.

Ineffective implementation of PoA act still a challenge for Social Justice

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, remains ineffectively implemented, undermining social justice and defying Supreme Court directives. Despite landmark judgments and established special courts, rising atrocities and low conviction rates expose systemic apathy, compromising protection for marginalised communities.

Importantly, the Supreme Court of India in a landmark judgement of National Campaign on Dalit Human Rights & Ors. vs. Union of India & Ors. (2017) 2 SCC 432, where the bench led by then CJI T.S. Thakur and Justices D.Y. Chandrachud and L. Nageswara Rao, directed the strict implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This pivotal decision affirmed the findings of the Justice K. Punnaiah Commission (appointed by the Andhra Pradesh Govt in April, 2003 to inquire into the crimes suffered by SCs and STs) and the 6th Report of the National Commission for Scheduled Castes and Scheduled Tribes.

In the National Human Rights Commission’s ‘Open House Discussion’ on “Prevention of Atrocities and other forms of Discrimination against SC/ST Community: Challenges, Protection and Way Forward” held on June 23, 2023, the Director, Ministry of Social Justice & Empowerment also expressed its concern and pointed out that a predominant rise in cases can be seen after the amendments that widened the gambit of the Act when they were introduced. This requires strengthening of the administrative regime, especially the institutional mechanisms or the Police Protection Cells as mandated under the PoA Act, which is being looked after by the MoSJ&E. He further added that as of now, a total of 176 executive special courts have been constituted across the country in order to make the system more approachable for the victims.

The full report of the Ministry of Social Justice may be read here:

Related:

Hate Watch: violence against Dalits fails to get attention

Dalit woman dies of suspicious circumstances after brother, uncle beaten to death

Accused of not voting for “free ration”, Dalit man beaten brutally in UP

The post BJP-ruled states account for highest Dalit violence cases, UP on top, MP records highest reported crimes against STs appeared first on SabrangIndia.

On August 20, the Supreme Court slams the Calcutta High Court over the objectionable observations made by the Division bench of the High Court while passing the impugned judgement against the conviction of accused charged under Section 6 of the POCSO, Act 2006 and Sections 363/366 and clause (n) of sub-section (2) and sub-section (3) of Section 376 of the IPC, 1860.

The High Court of Calcutta vide its impugned judgement dated October 18, 2023, set aside the conviction of the accused under the provisions abovementioned, where the High Court observed that while achieving ostensible objectives to protect all children below 18 years from sexual exploitation, the law’s unintended effect has been the deprivation of liberty of young people in consensual relationships.

The Supreme Court of India, expressed its displeasure with the observations and reasoning adopted by the High Court while passing the impugned judgement.

Brief background of the case

The victim, a girl who was fourteen years old at the time of the incident. The victim’s mother lodged a First Information Report (FIR) on May 29, 2018. The victim’s mother stated in her complaint that the victim, who was her minor daughter, escaped from her home at 5:30 p.m. on May 20, 2018 without informing anyone. On inquiry, it was found that the accused enticed her to leave her house. The accused did so with the help of his two sisters. The victim’s mother repeatedly visited the house of the accused and requested him to facilitate the return of her daughter. However, the victim did not come back. A female child was born to the victim.

The accused was arrested on December 19, 2021. The chargesheet was filed on January 27, 2022 against the accused for the offences for which he was convicted. Initially, the accused was charged with Section 9 of the Prohibition of Child Marriage Act, 2006. Later, the Ld. Special judge under the POCSO Act found that there was no evidence of marriage between the victim and the accused and the charge under Section 9 of the 2006 Act was held as not substantiated.

The Ld. Special Judge, Baruipur, South 24 Parganas, convicted the accused for the offences of punishable under Section 6 of the POCSO Act and Sections 363 and 366 of the Indian Penal Code, 1860.

Appeal against conviction before Calcutta High Court

The accused preferred an appeal before the Calcutta High Court against the Conviction. The Division Bench of the Calcutta High Court on October 18, 2023, vide its impugned judgment held that the offences punishable under Section 363 and 366 of the IPC were not made out and the High Court acquitted the accused for the two offences and while exercising its jurisdiction under Article 226 of the Constitution of India read with Section 482 of the CrPC, 1973 set aside the conviction of the accused for the offences punishable under Section 6 of the POCSO Act and sub-sections 2(n) and (3) of Section 376 of the IPC. The bench observed that the mother of the victim had disowned her and therefore, the victim was continuously residing with the accused along with their minor child.

State of West Bengal’s appeal against judgement/order of the HC

Aggrieved by the judgement and order dated October 18, 2023, passed by a Division Bench of the High court, the State of West Bengal preferred Criminal Appeal No. 1451 of 2024 before the Supreme Court as a suo moto writ petition, in pursuance of directions issued by the Hon’ble Chief Justice of India for challenging the impugned judgement. In the present case, senior counsel Madhvi Divan and Liz Mathew were appointed by the Supreme Court as amicus curia to assist the Court.

Observations of the Supreme Court against High Court’s Decision

The division bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan while setting aside the impugned judgement and order dated October 18, 2023 of the High Court of Calcutta observed that “the division bench has invited a very peculiar concept of “non-exploitative sexual acts” while dealing with the offences punishable under Section 376(2)(n) of the IPC and Section 6 of the POCSO Act. We fail to understand how a sexual act, which is heinous offence, can be termed as non-exploitative”.

“When a girl who is fourteen years old is subjected to such a horrific act, how can it be termed as “non-exploitative”? The bench questioned.

The Bench has also invented a non-existent category of “older adolescents” and lamented about the lack of recognition of the consensual behaviour of older adolescents. The bench added that “We fail to understand this concept of “older adolescents”.”

In relation to the observation made by the High Court that by equating Suo Motu Writ Petition (C) no.3 of 2023 etc. Page 16 of 50 consensual and non-exploitative sexual acts with rape and aggravated penetrative sexual assault, the law undermines the bodily integrity and dignity of adolescents, the SC held that “what is shocking is the observation made in paragraph 23 of the impugned judgment where the High Court observed that while achieving ostensible objectives to protect all children below 18 years from sexual exploitation, the law’s unintended effect has been the deprivation of liberty of young people in consensual relationship”

The SC added that “surprisingly, carved out a non-existing category of romantic cases in the rape cases. While dealing with the offences under the POCSO Act, shockingly, the Court observed that the law undermines the identity of adolescent girls by casting them as victims, thereby rendering them voiceless.”

While expressing the disagreement with the observation of the High Court, the bench said that “the judges ought to have avoided expressing their personal views even assuming that there was some justification for holding the views. While the High Court observed this, it forgot that in the facts of the case, the Court was not dealing with the sexual acts involving adolescents above sixteen years, as the age of the victim was fourteen years and the accused was twenty-five years at the relevant time”

“The duty of the High Court was to ascertain on the evidence whether the offences under Section 6 of the POCSO Act and Section 376 of the IPC were made out. In view of “sixthly” in Section 375 of the IPC, penetrative intercourse with a woman under eighteen years of age, with or without her consent, constitutes an offence of rape. Therefore, whether such offence arises from a romantic relationship is irrelevant. How can an act that is an offence punishable under the POSCO Act be described as “a romantic relationship”? The High Court went to the extent of observing that the case of criminalisation of a romantic relationship between two adolescents of opposite sex should be best left to the wisdom of the judiciary. The Courts must follow and implement the law. The courts cannot commit violence against the law. The findings and observations in the impugned judgment, except the finding on the applicability of Sections 363 and 366 of the IPC, cannot be sustained” the bench observed.

The division bench while questioning the observation of the High Court, added that “the duty of the High Court was to ascertain on the evidence whether the offences under Section 6 of the POCSO Act and Section 376 of the IPC were made out. In view of “sixthly” in Section 375 of the IPC, penetrative intercourse with a woman under eighteen years of age, with or without her consent, constitutes an offence of rape. Therefore, whether such offence arises from a romantic relationship is irrelevant. How can an act that is an offence punishable under the POSCO Act be described as “a romantic relationship”?

“The Courts must follow and implement the law. The courts cannot commit violence against the law. The findings and observations in the impugned judgment, except the finding on the applicability of Sections 363 and 366 of the IPC, cannot be sustained” the bench remarked.

Helpless position of the victim

The division bench expressed concerns over the helpless position of the victim in the present case. Amicus Curiae Madhvi Divan emphasised that no opportunity was made available to the girl of fourteen or fifteen years of age to make an informed choice to decide whether to stay with the accused. She did not get any support from her parents and the State machinery when she required it the most. As held by us hereafter, the State machinery failed to act according to the law to take care of the victim. The situation in which she was placed at that time was such that she had no opportunity to make an informed choice about her future. She had no option but to seek shelter where it was provided to her i.e. in the house of the accused. In any event, it is doubtful whether she could have made an informed choice at the age of fourteen or fifteen.

Decision of the apex court

A division bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan while setting aside the impugned judgement and order dated October 18, 2023 of the High Court of Calcutta, held that “the accused is guilty of the offences punishable under sub-sections (2)(n) and (3) of Section 376 of the IPC and Section 6 of the POCSO Act. The issue regarding sentencing will be considered after the committee’s report is received”.

The bench held that “this extraordinary situation was created because the State machinery did not follow the provisions of law starting from sub-section (6) of Section 19 of the POCSO Act. The importance of rehabilitation of the victims of offences under the POCSO Act, which is a mandatory requirement of law, is being overlooked by all stakeholders. Perhaps, at levels, there is a need for introspection and course correction. We include even the Judiciary in that”.

The Court, while setting aside the impugned judgement and order of the High Court, passed the order that the Government of West Bengal should constitute a committee of three experts, including a clinical psychologist and a social scientist, to assist the victim in making an informed choice regarding her future. This committee will also review the support offered by the State to the victim and her child. The Court directed the State to provide details of the support measures to the committee and ensure that the committee’s recommendations are submitted by October 18, 2024.

The Supreme Court emphasised the need for introspection and course correction by all stakeholders, including the judiciary, in handling cases under the POCSO Act. The Court noted the failure of the State machinery in providing timely support and protection to the victim, which had led to this extraordinary situation

The Judgement can be read here:

Quashing of POCSO cases by High Courts on ground of Compromises

However, on the same page the Rajasthan High Court on January 5, 2024 in Avdhesh Kumar v. State of Rajasthan, SB Criminal Miscellaneous Petition No.7901/2023, quashes POCSO case on being informed of victim’s marriage with accused.

The Allahabad High Court also in Gufran Shaikh @ Gani Munawwar v. State of U.P. and Another (Application u/s 482 No. – 10258 of 2021), quashes the POCSO case while observing that “victim-accused living happily as wife-husband”.

The Himachal Pradesh High Court in Ranjeet Kumar Vs State of H.P. & Ors. (Cr.MMO No. 648 of 2023), held that POCSO cases can be quashed if victim & accused reach a genuine compromise.

The Bombay High Court in Shiva Chanappa Odala v. State of Maharashtra & Anr. (Writ Petition No 1366 of 2022), Quashes Sexual Assault Case under POCSO after Child’s Mother Consents.

There are several judgements in which High Courts appear inclined towards principle of compoundability instead of implementing the stringency of the 2006 Act in POCSO cases thereby shrinking the objective of the Act to protect children from sexual exploitation.

Brief about the POCSO Act: The POCSO Act, also known as the Protection of Children from Sexual Offenses Act of 2012, is gender-neutral and recognizes that both any child, irrespective of their gender, can be a survivor of sexual abuse. The Act significantly broadened the definition of what constitutes a sexual offense against a child and imposes harsh punishments for each of the acts enumerated. Additionally, it strengthened the definition of sexual assault to encompass both moderate and severe penetrative assault, along with non-penetrative assaults, and additional sanctions for people in positions of trust or power, such as government workers, faculty, and police officers.

Conclusion

In conclusion, the attempts made by the High Courts across the country in quashing of POCSO cases on view of compromises between victim and accused, has weakened the legislative intent behind the enactment of POCSO, Act 2006. Compromises like marriage between accused and the minor victim, undermines the principles of justice and the rights of victims. The objective behind the POCSO Act’ cannot be ignored merely because abusers marry minor victims to escape conviction.

Related:

1.9 lakh POCSO cases pending in Fast Track Courts: Ministry of Women and Child Development

Accused under POSCO granted bail on condition of marriage to victim: Allahabad HC

BREAKING: SC stays Bombay HC’s controversial POCSO judgment

The post SC: No compromise in POCSO cases, reverses HC verdict appeared first on SabrangIndia.

As per guidelines issued by the Press Council of India’s election reporting (1996) and further guidelines issued on July 30, 2010 to be followed during election. Further added that, no political party or candidate or any other organization or person shall publish any advertisement in the print media on poll day and one day prior to poll day (silent period).

Even BJP published advertisements on dated May 04, 2024, May 05, 2024, May 10, 2024 and dated May 12, 2024 and again in June 04, 2024 during the silence period. These are only few in on record but BJP in each round of polling in every phase repeated the misconduct through social media and print ads.

This is not first time when ruling party is accused of violating ECI and MCC rules.

BJP’s silence period violation on pre poll and poll day:

On May 20, in Maharashtra, BJP published advertisements in the front page of the leading newspapers asking people to vote in the favor BJP-Shiv Sena Mahayuti alliance. The front page of newspapers advertised with BJP’s infamous slogan “Phir Ek Baar, Modi Sarkar” and “Modi ki Guarantee” etc. These ads were published in the Marathi language also.

The Additional CEO, Maharashtra State Election Commission while speaking to the Sabrang India, said “there is no rules for pre-permission of ECI for print advertisements”. But on the other hand, On May 7, 2023, ECI issued advisory to editors of all Karnataka local dailies and hold them responsible for advertisements during the silence period.

Even ECI cited provisions contained in Part (A) Para (2) (xii) of the Press Council’s Norms of Journalistic Conduct that provides “An editor shall be responsible for all matters, including advertisements published in the newspaper. If responsibility is disclaimed, this shall be explicitly stated beforehand.

This shows the biased and partial approaches of Election Commission, to curb the advertisements during silence period is not about power but about will.

The ads of BJP on poll day in Mumbai newspapers can be read here:

ECI advisory on March 1, 2024:

The Election Commission of India issued advisory in March, 2024 states that Political advertisements especially sky bus advertisements masquerading as news headlines to mislead readers shall not be published in newspapers. There should be explicit restrictions on advertisements predicting the victory of a particular party and any form of speculative content related to election outcomes shall be avoided. Attention is also drawn to the Part (A) para2 (xii) of Press Council’s Norms of Journalist conduct which provides that “An editor shall be responsible for all rnatters, including advertisements published in the newspaper. If responsibility is disclaimed, this shall be explicitly stated beforehand.”

On March 1, 2024 ECI also issued advisory to the President, General Secretory and Chairperson of the All National and State recognised political parties on plummeting level of public discourse during campaigning and expected decorum by political parties and candidates in general, and star campaigners.

ECI specifically instructed political parties that “unverified and misleading advertisements are not to be given in the media” and “advertisements masquerading as news items are not to be given”

The advisory of ECI dated March 1, 2024 can be read here:

ECI direction to CEC of States and UT on Media Coverage on April 2, 2024:

In April 2024, the Election Commission of India was directed to the chief electoral officer of all states and union territories that no political party or candidate or any other organisation or person should publish any advertisement in the print media on poll day and one day prior to poll day, unless the contents of political advertisements are Pre-certified by ECI from the MCMC Committee at the State/District level, as the case may be. The applicants shall have to apply to MCMC not later than 2 days prior to the proposed date of publication of such advertisements.

The ECI direction on April 2, 2024 can be read here:

The 48-hours silent period and duty of press:

The silence period is a zone of prohibited activities for pre poll or till the poll. This means campaigning is banned and no fresh election advertisements shall be published or publicly displayed during the silence period.

As per guidelines issued by the Press Council of India’s Election Reporting (1996) and further guidelines issued on July 30, 2010, media should refrain from publishing any advertisements for any political party and candidates and from publishing any unverified allegation against any candidate of political party, either directly of impliedly.

The Calcutta High Court in its decision on May 20, 2024 directed that in this period no political party or candidate or any other organization or person shall publish any advertisement in the print media on poll day and one day prior to poll day.

Press Council of India’s Election Reporting (1996) can be read here:

Section 126 of the Representation of the People Act, 1951:

Section 126 of the Representation of the People Act, 1951 prohibits displaying any election matter by means, inter alia, of television, cinematograph or similar apparatus, in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in the polling area.

BJP’s Election Handbook 2024 but just for others?

It’s surprising that BJP itself released an Election Handbook 2024 stating that during the last 48-hour pre-election silence, all campaign activities halt. No appeal to voters can be issued from official handles of party or candidates. No public meetings, entertainment events, or influencing content are permitted. Only approved print ads are allowed on and before the polling day.

Despite the forgoing advisories and guidelines on silence period and conduct of media, ECI failed to take action against the gross violations by the ruling Bharatiya Janta Party.

BJP repeatedly violated the silence period during every phase of polling

The BJP Handbook can be read here:

Related:

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Udhav Thackeray: Officials deliberately delayed voters

Amethi: Locals claim police beat up Muslims at polling booths

The post How BJP is accused of violating 48 Hours-Silence Period even on Poll Day? appeared first on SabrangIndia.

Brief background of the case:

The Kolkata Municipal Corporation “appellant-Corporation” herein, claims to have acquired the property of Mr. Brinchi Shah in exercise of powers under Section 352 of the Kolkata Municipal Corporation Act, 1980.

Initially, in the year 2009, an attempt was made by the appellant to forcefully enter and occupy the property belongs to Mr. Shah, Shah filed a Writ Petition No. 126 of 2009 before the Calcutta High Court seeking a restraint order against the appellant-corporation. The High Court disposed of the writ petition by an order dated 17.09.2009 direction that the appellant-Corporation not to make any construction over the Property in question and the appellant-Corporation must hold an enquiry about the encroachments. However, there was no real contest about the title in the property and the appellant-Corporation also not filed any affidavit-in-opposition.

In July 2010, Mr. Shah received information that the appellant-Corporation has deleted his name from the category of owner and had inserted its own name in the official records. Aggrieved, he approached the High Court by filing a writ petition bearing W.P. No. 981 of 2010, not only for correction of the entries but also to restrain the appellant-Corporation from interfering with his peaceful possession over the Property. The learned single judge, by an order dated 08.01.2015, the petition was disposed of restraining the appellant-Corporation from interfering with the possession of Mr. Shah and also injuncted them from giving effect to the wrongful recording of its name in the official records. The appellant was also directed to remove its men and material from the Property within two weeks from the date of the said order. The High Court finds that the appellant-Corporation could not establish its right and the title in the Property is significant.

In year 2016, Respondent No.1/Bimal Kumar Shah (the executor to the estate of Mr. Shah) filed Writ Petition No. 930 of 2016, seeking an order quashing the alleged acquisition as illegal and to restore their name as owners in the official records.

In year 2017, a bench of single judge of the High Court allowed the petition by order dated 14.09.2017 held that appellant-Corporation purported to acquire the Property under Section 352(a) of the Act when there is no power of compulsory acquisition therein. The learned single Judge therefore quashed and set-aside the alleged action of acquisition. Aggrieved, the appellant-Corporation filed appeal before the division bench of the Calcutta High Court against the order dated 14.09.2017 passed by Mr. Justice Harish Tandon in W.P. No. 930 of 2016.

The Division Bench of High Court of Calcutta Decision in W.P. No 930 of 2016:

A division bench of Justice Soumen Sen and Justice Saugata Bhattacharyya vide order dated December 17, 2019 affirmed the order dated September 17, 2017 of the single judge and accordingly disposed of the appeals with a direction that the appellant-Corporation may initiate acquisition proceedings for the Property u/s 536 or 537 of the Act, within five months, or in the alternative, restore the name of the last recorded owner as the owner of the Property. The bench further added that “once a legal opinion has been obtained which apparently does not authorise the Municipal Corporation to acquire the property in exercise of its power under 8 Section 352(a) of the Kolkata Municipal Corporation Act, unless the owner agrees to hand over the property voluntarily or under an agreement contemplated under Section 536 of the Act, the acquiring body needs to follow the provisions of the Land Acquisition Act, 1894 for the purpose of determination of compensation”.

The Judgement of High Court can be read here:

The Supreme Court Decision on May 16, 2024:

The appellant-Corporation aggrieved by the decision of the division bench of High Court preferred appeal before the Supreme court vide Civil Appeal No. 6466 of 2024, contended that the single and division benches of the High Court erred in concluding that Section 537 of the Act is the only provision for acquisition. The appellant-Corporation relying on State of Kerala v. T.M. Peter (1980) 3 SCC 554, submit that for differential schemes and purposes of acquisition, different compensation structures will not violate Article 14 of the Constitution. On the same point, he also relied on the decisions of this Court in Girnar Traders (3) v. State of Maharashtra (2011) 3 SCC 1, and Bankatlal v. Special Land Acquisition Officer (2014) 15 SCC 116. Sr. Advocate Mr. Mukul Rohatgi and Mr. Huzefa Ahmadi, appeared for the respondents, submitted that the power of acquisition is only in Section 537 of the Act and that invocation of Section 352 read with Section 363 is illegal and violative of Article 300A of the Constitution. In support of their submissions, they relied on the judgment of this Court in Nagpur Improvement Trust v. Vithal Rao (1973) 1 SCC 500.

A bench of Justice PS Narasimha ruled that “Section 352 does not provide for any procedure whatsoever; we reject the contention that it contemplates the power of acquisition. We have already held that Section 352 is only intended to enable the Municipal Commissioner to decide whether a land is to be acquired for public purpose. The power of acquisition is in fact vested with the State under Section 537 and it will exercise it, in its own discretion, whenever the Municipal Commissioner makes an application to that effect. We have also agreed with the decision of the High Court that Section 363 is not a provision for compensation for compulsory acquisition. In this context, we have also held that a valid power of acquisition coupled with the provision for fair compensation by itself would not complete and exhaust the power and process of acquisition. Prescription of the necessary procedures, before depriving a person of his property is an integral part of the ‘authority of law’, under Article 300A and, Section 352 of the Act contemplates no procedure whatsoever.”

The bench fully justified the opinion of the High Court and rejected the case of appellant-Corporation acquiring land under Section 352 of the Act.

Section 352 of the Act provides: –

“Power to acquire lands and buildings for public streets and for public parking places:– The Municipal Commissioner may, subject to the other provisions of this Act – (a) acquire any land required for the purpose of opening, widening, extending or otherwise improving any public street, square, park or garden or of making a new one, together with any building standing upon such land; (b) acquire, in relation to any land or building as aforesaid, such land with building thereon outside the regular line or the projected regular line of such public street; (c) acquire any land for the purpose of laying out or making a public parking place.”

Section 363 of the act provides: –

(1) Compensation shall be paid by the Corporation to the owner of any building or land acquired for a public street, square, park or garden under the provisions of this Chapter: Provided that any increase or decrease in the value of the remainder of the property, of which building or the land so acquired formed part, likely to accrue from the setting back to the regular line of a public street, shall be taken into consideration in determining the amount of such compensation.

(2) If any additional land, which will be included in the premises of any person permitted or required by an order under sub-section (2) of Section 360 to set forward a building to the regular line of a public street, belongs to the Corporation, such order shall be a sufficient conveyance to the owner of such land; and the price to be paid to the Corporation by the owner for such additional land the other terms and conditions of the conveyance shall be set forth in such order.

(3) The Corporation shall pay compensation in respect of land or building acquired under this Chapter at the following scale: (i) for land or building with annual value determined at an amount not exceeding Rs.3000 in respect of the portion acquired. [Fifteen times the amount of the annual value] (ii) for land or building with annual value determined at an amount exceeding Rs.3000 in respect of the portion acquired. [Rs.45,000 plus ten times the amount of the annual value in excess of Rs.3000}.”

The Right to Property: A net of intersection rights:

The court emphasised that under our constitutional scheme, compliance with a fair procedure of law before depriving any person of his immovable property is well entrenched. We are examining this issue in the context of Section 352 of the Act which is bereft of any procedure whatsoever before compulsorily acquiring private property. Again, assuming that Section 363 of the Act provides for compensation, compulsory acquisition will still be unconstitutional if proper procedure is not established or followed before depriving a person of their right to property. We find it compelling to clarify that a rather undue emphasis is laid on provisions of compensation to justify the power of compulsory acquisition, as if compensation by itself is the complete procedure for a valid acquisition.

The bench further added that “it is true that after the 44th Constitutional Amendment[i], the right to property drifted from Part III to Part XII of the Constitution, there continues to be a potent safety net against arbitrary acquisitions, hasty decision-making and unfair redressal mechanisms. Despite its spatial placement, Article 300A which declares that “no person shall be deprived of his property save by authority of law” has been characterised both as a constitutional and also a human right. To assume that constitutional protection gets constricted to the mandate of a fair compensation would be a disingenuous reading of the text and, shall we say, offensive to the egalitarian spirit of the Constitution.”

Fair compensation is not sufficient, Due Procedure must be followed

The appellant-Corporation’s counsel Mr. Jaideep Gupta has also relied on Section 363 of the Act which provides “Compensation shall be paid by the Corporation to the owner of any building or land acquired for a public street, square, park or garden under the provisions of this Chapter”. In this context, the court held that a valid power of acquisition coupled with the provision for fair compensation by itself would not complete and exhaust the power and process of acquisition. Prescription of the necessary procedures, before depriving a person of his property is an integral part of the ‘authority of law’ under Article 300A and Section 352 of the Act contemplates no procedure whatsoever. Rejecting the alternative argument of the appellant-Corporation that there is also a provision for compensation under Section 363 of the Act when land is acquired under Section 352, we have examined the constitutional position of acquisition of immovable property whereunder the mere presence of power to acquire coupled with a provision for payment of fair compensation by itself is not sufficient for a valid acquisition. Interpreting “authority of law” in Article 300A of the Constitution, the bench held that a minimum content of a constitutional right to property comprises of seven sub-rights or procedures such as the right to notice, hearing, reasons for the decision, to acquire only for public purpose, fair compensation, efficient conduct of the procedure within timelines and finally the conclusion must be followed.

The Seven procedural sub-rights must be passed before Land Acquisition:

The Bench explained following procedural sub-rights are conferred on a landowner by Article 300A and these sub-rights can be identified, albit no-exhaustive. These are:

1. Right to Notice – A prior notice informing the bearer of the right that the State intends to deprive them of the right to property is a right in itself; a linear extension of the right to know embedded in Article 19(1)(a). The Constitution does not contemplate acquisition by ambush. The notice to acquire must be clear, cogent and meaningful. Some of the statutes reflect this right. Section 4 of the Land Acquisition Act, 1894, Section 3(1) of the Requisitioning and Acquisition of Immovable Property Act, 1952, Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and Section 3A of the National Highways Act, 1956 are examples of such statutory incorporation of the right to notice before initiation of the land acquisition proceedings.

2. The Right to be heard – The right to a meaningful and effective prior notice of acquisition, is the right of the property-bearer to communicate his objections and concerns to the authority acquiring the property. This right to be heard against the proposed acquisition must be meaningful and not a sham. Section 5A of the Land Acquisition Act, 1894, Section 3(1) of the Requisitioning and Acquisition of Immovable Property Act, 1952, Section 15 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and Section 3C of the National Highways Act, 1956, are some statutory embodiments of this right.

3. The Right to a reasoned decision – That the authorities have heard and considered the objections is evidenced only through a reasoned order. It is incumbent upon the authority to take an informed decision and communicate the same to the objector. Section 6 of the Land Acquisition Act, 1894, Section 3(2) of the Requisitioning and Acquisition of Immovable Property Act, 1952, Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Section 3D of the National Highways Act, 1956, are the statutory incorporations of this principle.

4. The Duty to acquire only for public purpose – That the acquisition must be for a public purpose is inherent and an important fetter on the discretion of the authorities to acquire. This requirement, which conditions the purpose of acquisition must stand to reason with the larger constitutional goals of a welfare state and distributive justice. Sections 4 and 6 of the Land Acquisition Act, 1894, Sections 3(1) and 7(1) of the Requisitioning and Acquisition of Immovable Property Act, 1952, Sections 2(1), 11(1),15(1)(b) and 19(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Section 3A (1) of the National Highways Act, 1956 depict the statutory incorporation of the public purpose requirement of compulsory acquisition.

5. The Right of restitution or fair compensation – A person’s right to hold and enjoy property is an integral part to the constitutional right under Article 300A. Deprivation or extinguishment of that right is permissible only upon restitution, be it in the form of monetary compensation, rehabilitation or other similar means. Compensation has always been considered to be an integral part of the process of acquisition. Section 11 of the Land Acquisition Act, 1894, Sections 8 and 9 of the Requisitioning and Acquisition of Immovable Property Act, 1952, Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and Sections 3G and 3H of the National Highways Act, 1956 are the statutory incorporations of the right to restitute a person whose land has been compulsorily acquired.

6. The Right to an efficient and expeditious process – It is necessary for the administration to be efficient in concluding the process and within a reasonable time. This obligation must necessarily form part of Article 300A. Sections 5A(1), 6, 11A, and 34 of the Land Acquisition Act, 1894, Sections 6(1A) and 9 of the Requisitioning and Acquisition of Immovable Property Act, 1952, Sections 4(2), 7(4), 7(5), 11(5), 14, 15(1), 16(1), 19(2), 25, 38(1), 60(4), 64 and 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Sections 3C(1), 3D(3) and 3E(1) of the National Highways Act, 1956, prescribe for statutory frameworks for the completion of individual steps in the process of acquisition of land within stipulated timelines. 

7. And, the Right of conclusion – The obligation to conclude and complete the process of acquisition is also part of Article 300A. ii) Section 16 of the Land Acquisition Act, 1894, Sections 4 and 5 of the Requisitioning and Acquisition of Immovable Property Act, 1952, Sections 37 and 38 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and Sections 3D and 3E of the National Highways Act, 1956, statutorily recognise this right of the acquirer.

The judgement of the Supreme Court can be read here:

Supreme Court Decision paved way against illegal demolition and arbitrary land acquisition:

The procedural sub-rights lay down by the Supreme Court would also be cover the municipalities illegal actions in acquiring land from the peaceful possession of the landowner. The court more emphatically stressed on the Right to Notice before taking any action of acquiring property/land. In recent cases of demolition notably Haldwani Mosque demolition on February 8, 2024, Nuh Demolition in Haryana on August 4, 2023, DDA Demolition in South Delhi’s Mehrauli on January 30, 2024 despite a stay order of Delhi High Court etc. There are series of illegal and arbitrary actions and land acquisitions have been done by the government authorities despite issuing any notice and information in relation to the acquisition citing either government land or encroachment. The judgement authored by Justice PS Narasimha also provides the application of these sub-rights on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, Resettlement Act, 2013:

The primary purpose of the 1894 Act as the title suggested was ‘Land Acquisition ‘and its expedition, whereas the 2013 act is titled as ‘Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, which expands the ambit of the act to fair compensation, thorough resettlement and rehabilitation of those affected, adequate safeguards for their well-being and complete transparency in the process of land acquisition.

The Act of 2013 can be read here:

[i] Constitution (Forty-Fourth Amendment) Act, 1978.

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