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

Gujarat MLA Jignesh Mevani has sought President Draupadi Murmu’s intervention against IAS Officer’s alleged casteist remarks made at a state government official function on October 23, 2024. On November 6, Gujarat Congress MLA Jignesh Mevani, MLA from the Vadgam constituency in Gujarat, wrote to the President of India, Draupadi Murmu, seeking urgent intervention in what he described as a deeply troubling and casteist incident involving IAS officer Neha Kumari, the Mahisagar District Collector.

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

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

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

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

The letter may be read below:

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

Details of alleged casteist and unprofessional behaviour

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

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

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

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

The video of the said incident may be viewed here:

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Bharatiya Nyaya Sanhita, 2023 

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

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

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

3. Service Conduct Rules for Civil Servants

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

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

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

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

Related:

BJP Jharkhand manifesto splashes 23 pictures of Modi, neglects party’s Adivasi faces

The Hasdeo Arand crisis: Tribal protesters face brutal state crackdown while standing against felling of trees

From Slur to Segregation: the language of abusive stigma, sketches concentric circles of rank exclusion for India’s Dalits