The letter also noted that there should be no discrimination in allotment of any duty/work to prison inmates on the basis of their caste.

The amendment comes in light of the October 3, 2024, judgement of the Supreme Court regarding caste-based discrimination of prisoners. The court was hearing a Public Interest Litigation (PIL) petition filed by Sukanya Shantha, journalist with The Wire, regarding the provisions in prison manuals in states such as Uttar Pradesh, West Bengal, Odisha, Maharashtra, Tamil Nadu, and Kerala that legitimised caste inequalities. Her 2020 report ‘From Segregation to Labour, Manu’s Caste Law Governs the Indian Prison System‘ formed the basis of the plea.

The case was fought pro bono by lawyers, including senior counsel S Muralidhar, Advocate Disha Wadekar and S Prasanna. The top court declared that such caste-based provisions in prison manuals are unconstitutional, and directed all states and union territories to revise their prison manuals.

The changes have been made in a chapter titled ‘Miscellaneous’ of the Model Prisons and Correctional Services Act, 2023, under the heading ‘Prohibition of caste-based discrimination in Prisons and Correctional Institutions’ as Section 55(A).

Regarding exploitation, the letter also said that the provisions of ‘The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013’ shall have a binding effect even in Prisons and Correctional Institutions. “Manual scavenging or hazardous cleaning of a sewer or a septic tank inside a prison shall not be permitted,” it stated.

While manual scavenging is prohibited under the law, its practice, as found in The Wire’s investigation, remains rampant across prisons in India. The Model Prison Manual had remained silent on its existence until now.

Home ministry’s letter for amendment in the Model Prison Manual, 2016 and the Model Prisons
and Correctional Services Act, 2023.

Further, the ministry has revised the definition of habitual offenders in the manual following the court’s order to separate habitual offenders from casual prisoners. The new definition goes, “Habitual offender means a person who during any continuous period of five years, has been convicted and sentenced to imprisonment on more than two occasions on account of any one or more of the offences committed on different occasions and not constituting parts of same transaction, such sentence not having been reversed in appeal or review.”

This is perhaps the first judgement by the Supreme Court that addresses the criminalisation of the denotified and nomadic communities in India.

The term “habitual offender” has deep-rooted prejudices and is often used interchangeably to describe denotified and nomadic tribes. Several provisions in many state prison manuals explicitly identify “wandering tribes” and “criminal tribes” as communities that should be discriminated against and deprived of the special provisions available to other communities.

The post Home Ministry Adheres to Supreme Court Ruling, Revises Prison Manual Rules to End Caste-based Discrimination appeared first on SabrangIndia.

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

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

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

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

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

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

— Jignesh Mevani (@jigneshmevani80) November 6, 2024

The letter may be read below:

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

Details of alleged casteist and unprofessional behaviour

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

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

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

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

The video of the said incident may be viewed here:

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

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

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

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

— Jignesh Mevani (@jigneshmevani80) October 29, 2024

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

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

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

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

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

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

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

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

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

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

2. Bharatiya Nyaya Sanhita, 2023 

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

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

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

3. Service Conduct Rules for Civil Servants

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

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

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

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

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

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

’Indian tradition’ and ‘culture’ sits too comfortably with discrimination based on caste, class, gender, physical ability, geography, language, and increasingly, religion. These discriminations go well with the backdrop of the lethal weapon wielding angry ‘hero’ who perform macabre acts of violence and vandalism, legitimised and sanitised by labels such as rakshak and kanwariya. This cosy alliance is further sanctioned and emboldened by an immoral State and a degenerate media. The other eager participants are the health system, the police and judiciary who have better relationships with the murderers than with innocent citizens. The entire structure is such that lynching is inevitable rather than unexpected.

On March 31 2023, Idrees Pasha was brutally murdered in Ramnagara, Karnataka just a few metres from the Sathanur police station by Puneeth Kerehalli, who, according to the media, was the ‘President of the Rashtra Rakshana Pade’- labels that set the stage to project murderers as extra-judicial heroes and the murdered as having violated social norms and laws. Pasha’s arm showed marks of electrocution and his body of bruising, but autopsy downplayed these, in what is an oft recurring pattern, to claim that he died of ‘cardiac arrest’. According to the media, Kerehalli was known for livestreaming his ‘cow rescuing missions’. “In videos, Kerehalli is purportedly seen carrying a baseball bat and a stun gun while intercepting vehicles carrying cattle.” Indian Express (6 April 2023).

A mob lynching is an extrajudicial, violent act in which a crowd of people or a mob, under the pretext of administering justice without trial, execute a presumed offender, often after inflicting torture and corporal mutilation, demonstrating extreme disrespect for human life. It is perpetrated by a collective upon individuals who serve as representatives of another collective.

Some of the factors that set the stage for mob lynching are

Rationalising discrimination.

Caste-based discrimination propagates the belief that certain communities are meant to be treated inferiorly and that they cannot expect similar rights. Hierarchy is ‘normal’ for Indian society, and, in fact, anything that has the potential to change this status quo is perceived as a threat. The intuitive response to someone of another collective being abused, harassed or discriminated, is to presume that he or she must have done something wrong to ‘deserve’ that punishment. There is a mental checklist which many of us have as a reference point for those ‘crimes’ that deserve extreme punishments – those that break artificially created  diktats around touch, food, marriage, relationships, friendships, aspirations drawn and defined by caste, class, gender and religion among others.

This collective is often a group of strangers who are drawn together and behave like a single entity when key triggers are activated. There is cohesiveness in what this collective perceives are its own victimhood and threats versus the individual representing another collective that has been painted as the other and the enemy. There are members of the aggressive collective who enact the violence, there are those who rationalise and justify it, there are others who offer impunity, and another large majority that stays silent. The mob functions on factors such as anonymity, suggestibility, contagion, collective identity, impunity and deindividualization. In the last, an individual loses personal moral restraint and reasoning.

‘Moral disengagement frequently entails treating the victims as less than human beings, dehumanizing them – allows for disassociation from the moral ramifications of harming another human being’

Rezwanul Haque, 2024.

Valorising extra-judicial killings

Whether it is by the police, by an action hero on cinema or by a mob, there are some ‘crimes’ for which we feel due process of the judicial system is too slow, ineffective or inadequate. The ‘heros’ or rakshaks who vandalise, murder, mutilate, torture etc. become vicarious atonement for what is perceived as systemic failures to curb ‘offenders’. For a society steeped in a discriminatory mind-set, whether people are, in fact, offenders or not, gradually becomes irrelevant. Markers such as their religion or caste or tribe becomes sufficient ground to murder them.

People who engage in these most brutal, inhuman and pathological acts often use euphemistic language such as Jai Shree Ram as a form of moral disengagement. It should, in fact, make every practicing Hindu’s blood crawl to see the name of Ram becoming analogous with these acts.

A recent report by Delhi-based NGO Common Cause and the Centre for the Study of Developing Societies (CSDS) mentioned that, “35% of police personnel interviewed for the survey think it is natural for a mob to punish the “culprit” in cases of cow slaughter, and 43% think it is natural for a mob to punish someone accused of rape.”

“Police surveillance itself may also be more frequently directed against socio-economically vulnerable groups such as Dalits, Adivasis, and religious minorities due to the larger structure of discrimination and criminalisation of these communities within the police system.”

Status of Policing in India Report 2023: Surveillance and the Question of Privacy

Thus it is not at all surprising that in many States of the country, there is a shifting of burden of proof on victims and consequently a presumption of guilt, which leads to FIRs being registered against them with words such as smuggling, terrorist, thief, illegal etc. being associated with the victims. Murderers are labelled as rakshaks !!

Impact on targeted individuals and communities

Targeted acts of violence and discrimination can have devastating, irreversible and long term impact on individuals and communities. The message that goes out to the victim’s community is that they are the ‘other’ and of lesser social value; that their identity can be the sole reason for one group as a collective to target another group as individuals and that this will be done with the complicity of media, political parties, elected representatives, the police, the judiciary, informal leaders and religious leaders.

Those who have survived, witnessed (virtually or in reality) or even escaped from a mob attack can experience several short and long term physical, psychological, social  and economic effects, with one contributing to or leading to the other.

Physical injuries can be fatal either immediately or subsequently. Physical trauma can lead to blood clots (hematomas), internal bleeds into vital organs, fractures, organ rupture, lacerations, and contusions. Injuries to the head can lead to fractures and bleeds into the brain which can lead to loss of consciousness, death and other cognitive and neurological damage – both temporary and permanent. Head injuries can progress to loss of vision, loss of hearing and focal seizures.

Trauma to the chest can fracture ribs leading to lung and heart injuries causing collection of air, fluid, blood in these organs. Major arteries can be damaged. Abdominal trauma can damage the spleen, liver, kidneys, intestines and reproductive organs. The liver being fragile can bleed excessively which is often very difficult to control. Injury to the kidney can cause blood in the urine and later, possible acute kidney failure. Intestinal injuries can cause obstruction and severe infections (peritonitis/sepsis). The pathological mind-set of the abusers can be identified by their gleeful stripping of their victims and inflicting injuries on their genital areas. Injuries to the pelvic area can cause pelvic fracture, damage to major blood vessels, rupture of the urinary bladder and genital tract injuries. Major surgical interventions maybe required to control the bleeding and salvage vital organs.

Even if a person survives a lynching attempt, they can subsequently suffer from sepsis, obstructions, embolisms, haemorrhage, multi-organ failure etc. Those who do survive can have long term consequences requiring prolonged hospital intervention, medical/surgical support and pain management. This can lead to inability or difficulty in continuing to work/earn and economic catastrophe for the affected families. Chronic stress, reduced sleep and appetite can make people more vulnerable to infections, lowered immunity, hypertension, diabetes, ulcers, depression, heart disease etc.

The psychological impact of attempted lynching by an angry mob can lead a person to develop long lasting psychological damage –post traumatic stress disorder, depression, excessive rage, panic attacks, suicidal thoughts and even suicidal attempts. Feelings of isolation, rage, distrust, fear, helplessness, anger, anxiety, hopelessness can occur. Depression can manifest as feelings of despair, disinterest in usual activities, sleep disturbances etc. Communities and individuals who are targeted, often for no reason other than their identity, can gradually or drastically reduce their access to public spaces, reducing their opportunities for enjoyment, social interaction, celebration and community participation. The start shrinking within a larger society to avoid being visible. We have yet to fully comprehend and address generations of caste-based discrimination which has pushed entire communities to the periphery and creating structural barriers to accessing even basic rights such as education, food, shelter, public spaces, healthcare etc. Religion is now rapidly becoming the political and social tool for similar practices.

Post-traumatic stress disorder (PTSD) is not very well documented in India, but could definitely be a diagnosis in many people who have survived or witnessed a violent attack by a mob. They can have intrusive and vivid thoughts that cause them to relive the incident even years after its occurrence, interfering with day to day functioning, with avoidance of social or even intimate interactions, detachment, emotional numbness with exaggerated responses, irritability, hypervigilance, extreme startle reactions etc. Substance abuse can become a way of handling the chronic and intense stress.

Each act of lynching is a public spectacle that sends out a message to the community that the mob belongs to that they can carry out similar acts with impunity against a ‘common enemy’ as an act of heroism and nationalism, becoming simultaneously law makers and implementers of these vicious diktats.

In most of these crimes, the larger society can participate, enable, collude, silently observe, rationalise, justify, glorify, valorise, reward, offer protection and impunity etc. Those who pride themselves on being animal lovers, climate activists, environmentalists, vegetarians, vegans etc. should seriously explore how their positions enable and legitimise these acts of violence.

Very often the spotlight is on the imagined transgressions of the victims themselves. The human rights violators are often rewarded with bails, garlands, positions of power. This sends out a disappointing message to society. According to Haque, witnessing lynching can have severe psychological and societal impact, with erosion of social cohesion and trust in the legal system. In India, the erosion of trust encompasses elected representatives, media, judiciary, police, health system and religious leaders. There is even erosion of trust in ones colleagues, neighbours and other acquaintances.

Effect on society

The effect on a community that is consistently targeted cannot be undermined or overstated. It leads to loss of feeling of belonging to a community, alienation, a strong sense of betrayal and discrimination. Young people can respond to this in several ways. They may hesitate to form close relationships, may be fearful of public spaces and may have inordinate fear of strangers and new places. Families of targeted communities can become extremely protective of each other, leading to reduced opportunities for economic progress and social interactions. Community members can become ‘paranoid’ and this is not without a reason leading to increased aggression in an attempt to control other family members to keep them ‘safe’.  Even a routine train journey can become fatal event.

Mob lynchings have serious and complex repercussions that affect not just the victims and their relatives, but the entire community by feeding a cycle of violence, mistrust, fear and terror. There is often irrevocable damage to social cohesive factors such as compassion, inclusion, diversity, kindness etc.

Shukla explains how mob violence may be a form of pathological normalcy – unhealthy behaviours, which appear so commonly in society that they are considered the norm.

‘Pathological normalcy can also be understood as pathological processes that become so socially widespread that they lose their individual character and come to be regarded as common and acceptable. Disturbed or unhealthy behaviour – such as display of irrational hatred, or support of violence – becomes very common, and such persons find much to share with many other individuals having a similarly unhealthy mentality. In this situation of an unhealthy herd mentality, the fully sane and objective person may find themselves in a relative minority and may even feel isolated.’

India is thus in a state where the pathological is normal. This is a dangerous stage for the country to be. It sets the base for barbaric acts of violence layered on deep rooted prejudices and misconceptions. We need to unravel our thought processes and cull out every of our thoughts, words and actions that lend complicity and normalcy to these inhuman and macabre acts that are performed for us every day.

(This article arose out of a panel discussion organised by Bahutva Karnataka that can be viewed here https://bahutvakarnataka.wordpress.com/2024/07/22/lynchings-in-india-a-national-shame/) 

Disclaimer: The views expressed here are the author’s personal views, and do not necessarily represent the views of Sabrangindia.

The post India’s ‘tradition’ and ‘culture’ of lynching appeared first on SabrangIndia.

In its order, the court directly addressed the question of whether caste discrimination bans are facially neutral and categorically held that they are. The court also addressed whether such a caste-discrimination ban is, at all, an infringement on Hindu religious practices (this is an argument made by some Hindu nationalist groups). The court significantly that they were not an infringement.

Taking this further (whether caste-discrimination bans in any way discriminate against any religious group or otherwise violate the Establishment Clause), the Court held that they do not. What is important to note is the fact that while caste and religion do, sometimes, intersect, this does not mean that casteism cannot be regulated. The United States District Judge, Richard A Jones passed the order on March 8, 2024.

On February 21, 2023, the Seattle City Council voted to approve Council Bill (CB) 120511 “relating to human rights; including protections against discrimination based on an individual’s caste.”[1]

The plaintiff, one Bagal, in this matter (petitioner) is a resident of North Carolina who has lived in Seattle since 1985 and he filed this legal challenge of May 11, 2023. He challenged the Seattle Council’s decision to expand its anti-discrimination laws by adding “caste” as a protected class.

It was right-wing Hindutva nationalists (read supremacists)that have been at the forefront of the pro-caste push in the US; first actively opposing the #Equality Lab’s push in Seattle and through such legal challenges. This is a huge setback for them it is also a positive encouragement to Dalit and human rights groups who have been challenging the brutality of caste exclusion through rationality and morality, combined.

The eight-page judgement dismisses the plaintiff Bagal’s case on several counts not least being that the “injuries” envisaged by him are purely hypothetical. On examination before the court was whether the plaintiff in anyway suffered an injury that is concrete, particularised, and actual and imminent; that such an injury was caused by the defendant (in this case the Seattle City Council) and that such an injury would be addressed by judicial relief.

The judgement is succinctly argued citing precedents.

First Amendment Standing

First, Plaintiff argued that incorporating “caste” into existing anti-discrimination laws ipso facto creates a stigma, levelled towards a specific and insular minority group, namely members of the Hindu religion. That stigmatization, Plaintiff reasons, violates the First Amendment’s command that no laws should exist “respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” [2]

The Plaintiff premises their Free Exercise Clause and Establishment Clause standing on the theory that the word “caste” produces a cognisable injury consisting of prejudice towards the Hindu religion and members thereof.² Unsurprisingly, Plaintiff’s alleged injuries pattern this distinction.

The Court examined the prima facie burden of proof in free exercise cases which is upon a plaintiff to demonstrate that such a ban is, in fact, “burden upon religion.

Citing judgements like School Dist. of Abington v. Schempp, 374 U.S. 203, 223 (1963), the Court notes that free exercise jurisprudence draws a distinction between those governmental actions that actually burden the exercise of religion, and those that result in the mere exposure to outlooks at odds with the internal perspectives of a religion.[3]

Relying on several other precedents including see also Grove v. Mead Sch. Dist. No. 354, 753 F.3d 1528, 1543 (9th Cir. 1985) (Canby, J., concurring) the District US Court, on March 8, held that (“Governmental actions that merely offend or cast doubt on religious beliefs do not on that account violate free exercise.”)

“An actual burden on the profession or exercise of religion is required.” Here, the Plaintiff fails to make this prima facie showing. Indeed, Plaintiff simply does not allege they are burdened, in any manner, from practicing their faith. Furthermore, the plain text of the Ordinance does not lend itself to such an interpretation.[4]

The Court also after substantial examination holds that the facts on record do not in any way point to cognizable injury under the Free Exercise Clause. Therefore, having failed to allege a cognizable injury, the Plaintiff is held to lack any de facto standing to assert a Free Exercise challenge to the Caste Discrimination Ordinance.’

Interrelationship between the Establishment Clause & Free Exercise Clause: US

The interrelationship of the Establishment Clause and the Free Exercise Clause was first touched upon in Cantwell v. State of Conn., 310 U.S. 296 (1940). The judgement asserts that, “the [First] Amendment embraces two concepts: freedom to believe and freedom to act.”

In this case, unsurprisingly, Plaintiff’s had also alleged “injuries.”

Dealing with this aspect further and citing Grove v. Mead Sch. Dist. No. 354, 753 F.3d 1528, 1543 (9th Cir. 1985), the March 8 judgement quotes, (“Governmental actions that merely offend or cast doubt on religious beliefs do not on that account violate free exercise. An actual burden on the profession or exercise of religion is required.”).

In conclusion, the Court holds that the plaintiff fails to make the case for any prima facie infringement.

Similarly further examining the plaintiff’s Establishment Clause claim, the Judgement deals with this and then unravels it.

“The clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another.”[5]

Fundamentally, Plaintiff’s reasoning is that the City of Seattle’s involvement on an issue of equal importance to practitioners of a certain religion becomes, as a consequence, activity in favour or opposition to that religion. And that, because the City of Seattle opted to disfavour caste-based forms of discrimination, a fortiori it condemned all notions of caste as it was understood by any religion.

The Court dismisses this argument stating that “this logic proves too much…”

“And even assuming, arguendo, that the Ordinance does condemn notions of caste as is believed by a certain religion that does not constitute activity in support or disparagement of that religion. For instance, birth control is a topic that involves both religious beliefs and general welfare concerns. And yet, no court has ever held that government approval of birth control violates the Establishment Clause.”

“To the contrary. The Supreme Court summarily rejected an argument that the limiting of Medicaid funds for abortions violated the establishment clause “because it incorporates into law the doctrines of the Roman Catholic Church” [6]

“As the Court has reasoned, “although neither a State nor the Federal Government can constitutionally ‘pass laws which aid one religion, aid all religions, or prefer one religion over another,”[7], “it does not follow that a statute violates the Establishment Clause because it ‘happens to coincide or harmonize with the tenets of some or all religions.”[8]

“Similarly, this Court cannot conclude that the Ordinance is unconstitutional under the First Amendment simply because it coincides or otherwise conflicts with a religious tenet. It is not enough, in other words, that the anti-caste legislation strikes members of a religion as reflecting poorly on their religious beliefs.[9] In this case, the Ordinance’s principal effect is not to endorse a religion, but simply to bolster local anti-discrimination laws.[10] Any coincidental reference to a shared phenomenon (such as caste) is secondary, if not wholly, immaterial. Accordingly, the Plaintiff’s standing to assert a Free Exercise challenge to the Ordinance is rejected by the Court.

Arguments on the 14th Amendment

Thereafter the Court deals with another set of arguments in the plaint. The Plaintiff contends that the Ordinance violates the Equal Protection Clause of the Fourteenth Amendment because it “unfairly singles out and targets” and “treat[s] disparately people based on their ancestry, creed, national origin, and religion.”

“American civil rights jurisprudence is deeply familiar with notions of anti-caste legislation, and it would be anachronistic to suggest that modern anti-discrimination laws cannot rediscover these historical practices or that doing so necessarily refers to contemporary (religious) usages of the term Equal protection analysis focuses on whether the government has classified individuals on the basis of impermissible criteria.

“Governmental actions that classify persons by race or that are facially neutral but motivated by discriminatory racial purpose are subject to strict judicial scrutiny.[11] However, legislative classifications typically survive judicial scrutiny so long as they are rationally related to a legitimate governmental interest.[12]

“Under these guiding principles,” states the US District Court, “the Seattle City Ordinance easily avoids strict scrutiny.”

“Nowhere does the text of the Ordinance make use of prohibited classifications. Rather, the Ordinance is facially neutral and of general applicability. Moreover, wholly absent from Plaintiff’s complaint are any facts suggesting that the legislative drafters were actually motivated by racial or ethnic animus.

The judgement goes further. The Court states that nowhere does the Plaintiff’s complaint “plausibly allege that the City of Seattle has applied the Ordinance in a discriminatory manner.[13] Nor does it suggest any enforcement has occurred pursuant to the Ordinance.⁵

Anti-Caste Ordinance is Constitutional: US Court

^“Finally, the Ordinance easily passes constitutional muster given its status as a legislative enactment which is rationally related to a legitimate governmental interest of preventing discrimination.[14]

This judgement cited holds that Title VII’s purpose to end discrimination is equally if not more compelling than other interests that have been held to justify legislation that burdened the exercise of religious convictions”[15]

Therefore, the Court also states that “It would work a great irony for an anti-discrimination Ordinance that is de jure subsumed within the current Equal Protection framework to be found unconstitutional under that same provision.

Given then that the Ordinance neither discriminates on its face nor runs afoul of the discriminatory impact and intent principles undergirding the Fourteenth Amendment, the Court needs only assess whether Plaintiff’s remaining argument is sufficient to confer any standing to the plaintiff.

During arguments the Plaintiff had argued that the very “spectre of enforcement under the Ordinance” is sufficient to lead to a “loss of reputation.” In this connection, the plaintiff re-emphasised his claimed First Amendment injury, namely that the Ordinance produces reputational harms.

The Court rejects these arguments stating that “abstract stigmatic injuries are insufficient to confer standing under the Fourteenth Amendment.”[16]

The injury of stigma confers standing “only to those persons who are personally denied equal treatment [by the challenged discriminatory conduct].”[17]

In conclusion, the Court holds decisively and fundamentally that the Fundamentally that the Plaintiff has failed to show a disparate impact or conduct motivated by racial or ethnic animus in the passage by the City of Seattle of the Anti-Caste Ordinance.

On facts, locus standi and first principles, the challenge by one Bagal to the Anti-Caste Ordinance was resoundingly rejected by the US District Judge Richard A. Jones on March 8, 2024.

This is one more step in a successful campaign by Indian American groups, Dalit groups and human rights groups to get a statute against Caste Discrimination in the US.

US Court order can be read here.

[1] On February 21, 2023, the Seattle City Council voted to approve Council Bill (CB) 120511 “relating to human rights; including protections against discrimination based on an individual’s caste. . .” Ordinance 126767 (“Ordinance”).

[2] The interrelationship of the Establishment Clause and the Free Exercise Clause was first touched upon in Cantwell v. State of Conn., 310 U.S. 296 (1940). According to the Court, “the [First] Amendment embraces two concepts: freedom to believe and freedom to act.” Id. at 303– 04

[3]Further citations include See Sch. Dist. of Abington Twp., Pa. v. Schempp, 374 U.S. 203, 223 (1963) that held that “it is necessary in a free exercise case for one to show the coercive effect of the enactment as it operates against him in the practice of his religion.”

[4] The Ordinance makes it unlawful to discriminate based on caste: (1) in the workplace, (2) in places of public accommodation, (3) in landlord-tenant transactions; (4) in the use or enjoyment of public parks and in other facets of public life. Ordinance 126767.

[5] Larson v. Valente, 456 U.S. 228, 244 (1982).

[6] Harris v. McRae, 448 U.S. 297, 319 (1980).

[7] quoting Everson v. Board of Education, 330 U.S. 1, 15 (1947)

[8] quoting McGowan v. Maryland, 366 U.S. 420, 442 (1961)

[9] See Harris, 448 U.S. at 319.

[10] The anti-caste thrust of the Ordinance evokes the statement of John Marshall Harlan in Plessy v. Ferguson that there is no caste in the United States, 163 U.S. 537, 559 (1896) (Harlan, J., dissenting), as well as statements by framers of the Fourteenth Amendment that the amendment was designed to prohibit practices that reduce groups to the position of a lower caste. See Cong. Globe, 39th Cong., 1st Sess. 674 (1866) (remarks of Senator Sumner) (the proposed amendment would abolish “oligarchy, aristocracy, caste, or monopoly with particular privileges and powers.”) American civil rights jurisprudence is deeply familiar with notions of anti-caste legislation, and it would be anachronistic to suggest that modern anti-discrimination laws cannot rediscover these historical practices or that doing so necessarily refers to contemporary (religious) usages of the term.

[11] See Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 230, (1995); see also Washington v. Davis, 426 U.S. 229, 247 (1976) (describing the notion of a disparate impact from a facially neutral statute).

[12] (City of Cleburne v.Cleburne Living Ctr., 473 U.S. 432, 440 (1985)

[13] In addition, the Court notes that mere speculation does not suffice to render a matter justiciable under the Equal Protection Clause. See e.g., Citizens for Fair Representation v. Padilla, 815 F. App’x 120, 123 (9th Cir. 2020) (holding that the plaintiffs lacked standing to assert an Equal Protection claim because they made only speculative allegations regarding unknown future actions and failed to show a concrete harm based on race).

[14] See E.E.O.C. v. Fremont Christian Sch., 781 F.2d 1362, 1368 (9th Cir. 1986)

[15] (citing Braunfeld v. Brown, 366 U.S. 599, 606 (1961)); see also Witt v. Dep’t of Air Force, 527 F.3d 806, 817 (9th Cir. 2008)

[16] (Citations: See Allen v. Wright, 468 U.S. 737, 755 (1984); see also Kumar v. Koester, No. 2:22-cv-0755-RGK-MAA, 2023 WL 4781492, at *3 (C.D. Cal. 2023) (Hindu university professors lacked standing to assert an equal protection challenge to a university’s antidiscrimination policy when they merely alleged that the policy impermissibly stigmatized Hindu practitioners).

[17] Heckler v. Mathews, 465 U.S. 728, 739–40 (1984).

Related:

Seattle becomes first US city to ban caste discrimination, what does this mean?

Ban caste discrimination: Ambedkar Intl Center to Seattle City Council

Seattle introduces anti-discrimination legislation

Ban caste discrimination: Ambedkar Intl Center to Seattle City Council

City of Seattle passes resolution against CAA-NRC

The post US Court upholds Seattle ban on caste-based discrimination; rejecting claims of infringement on “Hindu religious practice” appeared first on SabrangIndia.

The report reveals a grim picture of discrimination, ranging from assigning menial chores. There are about 15 schools where Dalit students have to do tasks like cleaning toilets or are being segregated by caste in queues during lunchtime. Furthermore, these discriminatory practices go beyond making these students perform chores and extract their labour. There is a significant lack of Dalit students reported to have less access to extracurricular activities and avenues for their academic growth.

Over three months, approximately 250 volunteers from the TNUEF conducted a survey over 664 students across 441 schools within the state. This study took place at 321 government schools, 58 government-aided schools, and 62 private schools. The sample included 644 students from different grade levels, providing a nuanced analysis of caste-based discrimination at various stages of a student’s educational journey. The organisation has furthermore issued an alert regarding the encroachment of Hindutva and caste-based extremist ideologies within the student community.

Instances of caste-based oppression manifest in various forms, both overt and subtle. These include the unjust denial of hostel accommodation to Dalit students, educators probing into the caste identities of their students, disproportionately harsh penalties imposed on Dalit students for minor transgressions, and the exclusion of Dalit students from engaging in arts festivals, among numerous other discriminatory practices.

Furthermore, the survey reveals that one school situated in the urban enclave of Madurai district opted to withhold recognition for academic achievers in the higher secondary examinations. This decision was due to the fact that the top two performing students happened to be from the Dalit community. Students from the Dalit community also face more punishments than other students. There were also several incidents where Dalit students were subjected to slurs.

Violence based on caste between students was also reported in 25 schools across districts like Ramanathapuram, Cuddalore, Tiruvannamalai, Tenkasi, and Dindigul.

The report also highlights that caste identity is openly displayed in 33 schools. Students were wristbands, ‘dollar chains’’, handkerchiefs, bindis, threads and even stickers to display their caste within school. Teachers also do not seem to be spared where three schools, with two from Tiruvannamalai and one from Chennai, were identified as harbouring discriminatory practices among their teaching staff.

The TNUEF has submitted its finding to the Justice Chandru committee which is further preparing a report that aims to address caste related issues in students in educational institutes. The TNUEF has further called upon the Tamil Nadu government to release guidelines that would facilitate the teaching and learning of equality among students and promote social justice within educational institutions. Additionally, the organisation advocates for the establishment of counselling centres at the grassroots level to provide support to victims of discrimination and asked for the government to improve infrastructure at schools as well. The organisation has also further asked the government to ensure that a redressal mechanism for casteism also be instituted in these schools with the formation of committees with teachers, parents and students to address the issue. It has also asked teachers to undergo sensitisation programmes to equip them to deal with such issues and harbour a discrimination-free approach.

According to The NewsMinute, Samuvel Raja, TNUEF’s state general secretary, has told the government that if they don’t take proactive action the organisation will be forced to reveal the names of the schools where these instances were recorded.

In response to queries about the results of this survey, the school education department has reportedly stated that they are looking into mitigating these issues through various measures. A report by Times of India has claimed that the Justice Chandru report will be implemented through policy measures. Earlier in 2023, Tamil Nadu’s Chief Minister M.K. Stalin had designated retired Madras High Court Justice Chandru to head a committee which would be tasked with providing guidance to the government on strategies to eradicate caste and racial disparities among students within educational institutions. This initiative comes after the brutal incident from Nanguneri, in Tirunelveli district, which took place in August 2023 where a group of students from a higher, intermediate caste attacked two school children from the Dalit community. The recent survey of schools by the TNUEF has been submitted to this Justice Chandru committee which is currently looking into the issue of casteism in educational institutes. Groups in Tamil Nadu are rallying to bring about concrete changes in policy to mitigate caste violence against Dalits in the state. Founded in 2008, TNUEF has been actively engaging in advocating for rights of Scheduled Castes and Scheduled Tribes over the past 15 years. Throughout this period, the organisation has taken up various issues pertaining to marginalised castes and raised it to the government. Thus, the TNUEF had similarly in August, 2023 observed the dull and slow response to the subsidy schemes for ST and SC people, highlighting the need for robust monitoring mechanisms. Addressing this concern, the front had introduced a proposed legislation and unveiled a draft law titled ‘Tamil Nadu Scheduled Castes Special Component Scheme and Scheduled Tribes Sub-Plan Fund (Programme, Allocation, and Implementation) Act 2023.’

Related:

Another Dalit student dies by suicide after being attacked in Tamil Nadu, activists demand urgent action

Dalits in Tamil Nadu are experiencing a rise in violence against them

“Dalits banned for social gatherings,” Harrowing incidents of violence against Dalits

In Defence of Caste and against “Cross-Breeding” in Kerala: Golwalkar

The post Systemic Discrimination: Dalit students in Tamil Nadu endure abuses, segregated meals, and forced to clean toilets appeared first on SabrangIndia.

Justice Bopanna had told UGC, “Ultimately it is in the interest of the students and the parents whose children have lost their lives. In the future, at least some care should be taken that this doesn’t happen,” as reported by the LiveLaw.

In addition, Justice Bopanna advised the UGC that since the case was non-adversarial, it was important to be specific about how the UGC intended to address and resolve the issues mentioned in the petition rather than responding in the form of objections.

Furthermore, Justice Sundresh asked for details from the UGC regarding any actions the organisation has already taken as well as any upcoming plans.

Senior Advocate Indira Jaisingh, appearing for the Petitioners, requested the Court to urge the petitioner to ensure some action taken in a consultative manner. “It would be good if it is done in a consultative manner.” On this, Justice Bopanna informed the counsel for UGC, “Tell the UGC this is a sensitive matter and you have to take some action. Since it is non-adversarial you can also discuss with the petitioner’s counsel for suggestions,” as per a report by LiveLaw.

Justice MM Sundresh also suggested to the UGC to propose steps to facilitate students from the SC/ST backgrounds to the mainstream. “How do you facilitate them to get into the mainstream? Because they have come from a different backgrounds. There are many scenarios, some might drop out, while some may not perform well.”

Additionally, Advocate Jaisingh informed the court that the “equity regulations” the UGC created in the year 2012, to address concerns of caste discrimination on campuses, were insufficient. “It is unfortunate that these regulations do not have a binding nature, because they don’t have any sanction for violation of the regulations. When these regulations are compared to regulations under statues such as POSH and anti-ragging regulations, they fall short” Advocate Jaisingh argued, as per LiveLaw.

Pointing out that notice was issued to the Centre in the matter as far back as in September 2019, and more suicides due to caste-based discrimination have taken since then, Advocate Jaisingh further submitted that there was an urgent need to address the issue:

“It is rather unfortunate that in the year 2023, 3 more suicides of have taken place of students. One of them in a National Law School, one in a medical college and one in an IIT. Therefore, there is a sense of urgency about this petition. It would be in the fitness of things if the UGC in a non-adversarial manner could be persuaded to frame binding guidelines which will bind all institutes of higher education.”

The matter has now been posted after 4 weeks.

The order can be read here:

Brief about the PIL filed:

In August, 2019, mothers of Rohit Vemula and Dr Payal Tadvi had approached the Supreme Court with the aim of seeking for an effective way to abolish caste-based discrimination in institutes of higher education. Through the petition, the petitioners had submitted caste-based incidents of discrimination against SC and ST community members are rampantly prevalent, combined with institutional indifference to such practise as well as brazen disregard for the rules and regulations already in existence. It was also contended that the norms and regulation already in place are insufficient, failing to adequately address the incidence of caste-based discrimination on campuses that affects both teachers and students. Additionally, these rules did not offer a mechanism for complaints to be resolved in an independent, unbiased and impartial manner, and do not impose any sanctions on higher education institutions on their failure to take proactive and preventive measures to stop caste discrimination on campuses.

“Caste – based discrimination on the campus of HEIs, which is violative of Article 15, came to be recognised by the media in the year 2006 with reports that highlighted the rampant prevalence of caste based discrimination on the campus of All India Institute of Medical Sciences New Delhi which included instances such as referring to students from the SC/ST with derogatory slurs and remarks, unmeritorious, by Professors by purposely marking students from the SC/ST community with lower grades. Additionally, AIIMS served as a hotspot for anti-reservation protests which further fuelled casteism on campus.” (Para 10.2)

The petitioners also claimed that an independent study was conducted by the New Delhi-based Insight Foundation in the year 2012, under the direction of Anoop Kumar, wherein a list of suicides of students from the Dalit, Adivasi, and Bahujan communities was compiled. According to the said research, 19 students belonging to the marginalised communities had taken this extreme step in various higher education institutions across the nation between the years of 2007 and 2012.

“The frequent episodes of caste discrimination demonstrate that the state has not only completely failed to protect the fundamental rights of the SC/ST/OBC students, faculty and employees on campus but also refused to take action against the perpetrators of these incidents. In multiple incidents it is noted that Universities have refused to take action against incidents of caste-based discrimination or have been perpetrators of such discrimination themselves resulting in the institutionalised form of discrimination on the basis of caste. It is also noticed that the UGC has abdicated its responsibilities by turning a blind eye to multiple lapses of universities by failing to enforce existing regulations in Universities and not developing effective mechanisms to combat caste based discrimination”. (Para 10.37)

A list of Dalit and Adivasi students that have died by suicide can be read here

As a part of ground, the petitioners provided that there is need to form new guidelines as “UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012” does not provide for an independent mechanism of grievance redressal since the Anti- Discrimination Officer under the regulations and the Appellate Authority are both the Professor/ Associate Professor and the head of the institution respectively. This has a chilling effect on the students who may fear adverse consequences if they raise complaints against the administration.

“Because Regulation Nos. 3(2)(f) of the Equity Regulations prescribe that a Professor/Associate Professor shall be appointed as the ADO is violative of the principles of fairness since they do not provide students recourse to an independent and unbiased adjudicatory mechanism since as has been evidenced by the cases referenced above, often it is the professors and deans itself who are responsible for such discrimination. Thus, the ADO who is often likely to be a colleague/employee of the accused and functions as the sole adjudicator, is not capable of functioning in an independent and unbiased manner” (Para W, grounds)

Our analysis of UGC’s anti-discriminatory guidelines failing Dalit-Adivasi students can be read here.

What do the petitioners seek through the PIL?

Through the petition, the petitioners had sought a direction to strictly ensure enforcement of and compliance with the above-mentioned UGC, (Promotion of Equity in Higher Educational Institutions) Regulations, 2012, dated December 17, 2012, issued by UGC (“UGC Equity Regulations”). Petitioners also sought issuance of directions to all Universities and Higher Education Institutions to establish Equal Opportunity Cells on the lines of such other existing anti-discrimination internal complaints mechanisms and to include members from the SC/ST communities and independent representatives from NGO’s or social activists to ensure objectivity and impartiality in the process.

Another prayer in the said petition was for the issuance of direction to all Universities to take strong disciplinary action against victimization of students/staff who file complaints alleging caste based discrimination and to take necessary steps in the nature of interim reliefs that restrain the Higher Education Institutions from creating a hostile environment against students who file such complaints.

The PIL can be read here:

Courtesy: Live Law

Who were Rohith Vemula and Payal Tadvi?

Rohit Vemula was a Dalit student, a PhD scholar at Hyderabad Central University and the son of Radhika Vemula, who died by suicide on January 17, 2016. He had been suspended along with four others after a complaint by the local unit of the Akhil Bharatatiya Vidyarthi Parishad (ABVP), the student wing of the BJP. ABVP had branded him as casteist and anti – national. Vemula’s fellowship of Rs 25,000 was suspended for raising “issues under the banner of the Ambedkar Students Association” (ASA). On January 17, Vemula committed suicide and left behind a critical note talking of unfinished dreams and how he felt his “birth was his fatal accident”.

Twenty-three-year-old Payal Tadvi hailed from the Jalgaon district of Maharashtra, and was a Bhil Muslim, she belonged to the scheduled tribes. She was a student at TN Topiwala National Medical College in Mumbai. On May 22, 2019, she was found hanging in her room in the Nair hospital premises. She had committed suicide after months of alleged harassment by three college seniors who subjected her to casteist slurs and other forms of caste violence. Both these suicides have been attributed to have been instigated due to facing caste-based discrimination in educational institutions.

Related:

Lessons Unlearned: Nine years after the Thorat Committee report

The Death of Merit: Dalit Suicides in institutes of higher learning

Systemic Prejudice, Absence of Grievance Redressal reasons for Dalit Suicides: Teacher Testimonies

A letter that should shake our world: Dalit scholar suicide triggers outrage

Rohith Vemula’s ‘institutional murder’: Five years on, family and friends still wait for justice

REPLUG: Rohith Vemula, Your Sacrifice was Not in Vain

“Highly appalling to see SIT ignoring rank caste discrimination Darshan faced despite overwhelming evidence”: Ramesh Solanki

IIT Bombay Dalit student death: Dr Bhalchandra Mungekar, ex Rajya Sabha member, demands SIT probe into his death 

Mumbai Dharna for Darshan Solanki makes calls for law against caste discrimination

The post SC deems caste-based discrimination in higher education system to be a ‘very sensitive matter’ appeared first on SabrangIndia.

 

The post IIT Kanpur Case Tip of the Iceberg: Dalits Missing from Campus in Absence Support System appeared first on SabrangIndia.

Forget RSS-run Shishu Mandirs and Muslim madrassas. Textbooks prescribed by even ‘secular’ central and state education boards in the country promote religious, caste and gender prejudice

What we learn and teach about history and how the process of this learning has been crafted or developed, shapes our understanding of the events of the past. This understanding of the past influences our ability to grapple with the present and therefore also the future. Such knowledge, if both rich and varied, can also make and break convictions of both the teacher and the taught.

In 1947, India made a historic tryst with destiny. Independent yet partitioned, after extensive and careful deliberation, we opted for a democratic structure outlined in the Indian Constitution. Whether state –
directed or autonomously ensured, education in such a democratic polity should have been committed to free enquiry, fair and equal access to knowledge, both quantitative and qualitative, inculcation of the right to debate and dissent. The only restrictions and limits to when and at what junctures what kind of information could be shared with the child should have been pedagogical.

In short, the equality principle in any democracy simply must extend to education. In quantitative terms, this means the right of every Indian child to primary and secondary education. UNICEF figures shamefully record how we have failed, having as we do 370 million illiterates (1991), half a century after we became independent. 
But qualitatively, too, the equality principle within the Indian education syllabus, especially related to history and social studies teaching, in state and central boards, is sorely wanting. 

Wedded to the equality principle, the democratisation of our history and social studies syllabus should have meant a critical revision of both the periodisation, approach and content of the material taught because, pre-Independence, history writing under the British was infested with colonial biases. This has not happened. As a result, in most of our texts and syllabi we continue to perpetuate the colonial legacy of portraying ancient India as synonymous with the Hindu and the medieval Indian past with the Muslim. We have, over the years, further accentuated the colonial biases with sharp and more recent ideological underpinnings linked with the rapid growth in the political sphere of the Hindu Right. 

Hate language and hate-politics cannot be part of history teaching in a democracy. But, unfortunately, prejudice and division, not a holistic and fair vision, has been the guiding principle for our textbook boards and the authors chosen by them.

Over the years, our history and social studies texts, more and more, emphasise a prejudicial understanding and rendering of history, that is certainly not borne out by historical facts. Crucial inclusions and exclusions that are explored through abstracts from state board texts, ICSE textbooks and college texts as well, quoted extensively in stories accompanying this essay, bear this out. 

What the RSS and other rabid organisations with a clearly political objective would have us believe about history has been succinctly summed up by the accompanying abstract of an NCERT (National Council for Educational Research and Training) report. The report enumerates instances that clearly reflect the bias of the organisation that has sponsored them.

Hate language and hate-politics cannot be  part  of the history project in a democracy

What is far more worrisome and needs careful and equally studied examination is how the textbooks in use in most of our states under the ambit of the state textbook boards, as well as the texts of prominent national boards, echo the same historical precepts, misconceptions and formulations. Sometimes in a diluted or scattered form, but more often with the same resultant damage.

The dangerous patterns woven through the syllabus in general and the history and social studies curriculum in particular, for the young mind, need to be traced carefully. They reveal how the average Indian text looks at the historical and present question of caste-based discriminations, community-driven stereotypes and, as significantly, what we teach students about the status of women, then and now.

These patterns, distorted and prejudicial as they are, will open our eyes to the process that has actually contributed to mainstream secular space being dominated by the discourse dictated by the Right. We will then begin to understand how certain manipulated discourses and imageries that have been pulled out for public consumption over the past decade–and–a–half find instant and widespread resonance in civil society.

What am I referring to? How come the crude allusions to Muslims as ‘Babar ki aulad’ in the mid–eighties and the charge of ‘forced’ conversions against Christians in the late nineties finds a silent acceptance in the marketplace of popular ideas, and even dominates the media? This is because many of post–Independent India’s textbooks have been unable to offer a clean, holistic, rational and multi–dimensional vision of the past that includes a historically honest portrayal of how different faiths arrived on the shores of this sub-continent. Our textbooks are, similarly and suspiciously, silent on the motives behind thousands of Indians converting to different faiths over generations. Instead, through allusions and exclusions, they strengthen the false claim that in a vast majority of cases these conversions happened under force. 

Are we, as citizens, concerned about whether our education system encourages the creative and thought processes, develops the quality of thinking in our young, whether our attitude to learning and teaching engenders the processes of inquiry? If yes, we need to examine whether our school textsbooks tackle the question of free inquiry, dissent and debate.  We need also to pay attention to specific inclusions and exclusions within the content of these texts.

Other crucial questions also need to be raised.  How do Indian texts specifically deal with the fundamental question of race, origin, culture and faith on the sub–continent?

It is surely impossible to speak about apartheid in the world context without linking it to the birth of South Africa under Nelson Mandela as an independent nation. or to understand slavery in the modern context without knowledge of the role of colonial powers in Africa or, equally pertinently, the whole phenomenon of the American War of Independence and Abraham Lincoln. But do Indian textbooks reflect the ability to examine social inequality, specifically the caste system, as it emerged and was legitimised historically and how it continues to exist today, perpetrating an exploitative and unjust social order? 

Can a young student of social studies really seek to understand the caste system without, first of all, being informed of modern–day social and economic apartheid that 16–17 per cent of the Indian population continues to be forced to live under today? There is hardly any Indian text that honestly and candidly sketches out the indignities that continue to be perpetuated on Indian Dalits today.

The life–sketch of Dr. Bhimrao Ambedkar is restricted to his contribution as the ‘architect’ of the Indian constitution. The serious challenges he posed to the pre–Independence struggle and the Brahmanical order, or his radical conversion to Buddhism as a method of ‘social and political emancipation’ (10 lakh Dalits converted to Buddhism on October 14, 1948) find scant or no mention at all in ‘secular’ Indian textbooks. 

This blinkered vision of Indian social disparity extends to the fashion in which Dr. Ambedkar is portrayed for the young and the struggles that he led are depicted. On December 25, 1925, Ambedkar burnt copies of the Manu Smruti at Mahad village in Maharashtra. This was a strong political statement against the domination suffered by Dalits, epitomised in this Brahmanical text that has laid down the code of a social order which regards ‘shudras’ and ‘women’ together as deserving of no rights. The incident finds no mention at all in any Indian school textbook, revealing a sharp upper caste bias that has excluded real inquiry into these events and movements. There is no attempt at a critical look at texts like the Manu Smruti that have, since their being written several centuries ago, reflected the attitudes of vested interests. In fact this Brahmanical text itself receives favourable mention in Indian school textbooks.

As extension of the same argument, some of our average Indian textbooks continue to label Christians, Muslims and Parsees as ‘foreigners,’ and moreover depict Hindus as “the minority in most states of the country”. They selectively speak about the “immoral behaviour of Catholic priests in the middle ages” while exonerating the Brahmins and the Indian ruling classes. What is the message that we send out to the growing child with these factual misrepresentations and deliberate exclusions of some historical events and modern day social realities when it comes to the conduct of the Brahmanical elite? 

Our textbooks are, similarly and suspiciously, silent on the motives behind thousands of Indians converting to different faiths over generations. Instead, through allusions and exclusions, they strengthen the false claim that in a vast majority of cases these conversions happened under force

The same college textbook in Maharashtra that speaks at length, and with a fair degree of venom, about Islam and its violent nature is silent on what many ancient Indian kings did to Buddhist ‘monasteries’ and bhikus during the ancient period. (King Sashanka of Assam is reputed to have destroyed several monasteries). What then are the conclusions that a critic needs to draw about the motivation behind these selective inclusions and exclusions?
Exclusion is a subtle but potent form of prejudice. If, therefore, the average Indian textbook is silent on the motivations of many a ‘Hindu’ king who employed officials to raid and destroy temples in the ancient and medieval periods, simply because he could be certain to find wealth there (King Harshadev of Kashmir is one such, referred to by Kalhana in his Rajatarini), is there a not–so–subtle attempt to allow the popularly cherished belief that temple breaking was the ‘Muslim’ rulers favoured prerogative, to fester and grow? 

Rabid observations on Islam and Christianity are overtly visible in excerpts of the books conceived by the RSS and used for ‘teaching’ in the Shishu Mandirs. For discerning observers and educationists, this commitment to indoctrination that pre-supposes injecting small yet potent doses of poison against an ‘enemy other’ is not really surprising when we understand the true nature of the ideological project of these outfits. 

The content of RSS texts has invited sharp criticism by the NCERT committee (see accompanying document). To find blatantly damaging statements within the texts of schools run by the RSS is one thing. But to have ‘secular’ Indian textbooks — ranging from those produced by some state textbook boards, to recommended texts for the study of history at the graduation level, as also some ICSE texts — containing discernible strains of the same kind of caste, community and gender prejudice reflects how mainstream Indian thought has not only swallowed a biased and uncritical interpretation of history but is cheerfully allowing this myopic vision to be passed down to future generations.

Take, for instance, a textbook recommended for the final year Bachelor of Arts students in history in Maharashtra. The chapter titled ‘Invasion of Mahmud of Ghaznavi’ is cleverly used by the author to launch a tirade against Islam itself. The content of this textbook could compare favourably, chapter and verse, with sections of Shishu Mandir texts that, are in other parts, far more direct, having nothing positive to say about Islam or Christianity. 

As critically, how do our history and social studies’ textbooks approach the complex question of gender? What is the underpinning of analysis on critical gender issues within these books? How do our textbooks explain notions of ‘pativrata’(worship of the husband), sati (widow burning), child marriage, burning of women at the stake (called ‘witch hunting’ during the medieval ages), polygamy, polyandry etc. to the child?

There could be no more derogatory references to women than those contained in the Manu Smruti, an ancient Indian Brahmanical text. But it receives uncritical and passing mention in most Indian textbooks.

There is no attempt to outline the oppressive ‘Brahmanical Hindu’ code contained within the Manu Smruti. The code outlined in this text has significantly influenced how women have and continue to be treated within the family structure and in society, as also the base fashion in which treatment to ‘shudras’ has manifest itself in Indian society. 

What were the variegated facts, and, therefore, what is the multi-layered truth behind the emergence of different faiths on the sub-continent? The historical account is not an over-simplified one of Babar ki aulad, armed with swords, forcing reluctant victims to convert and smashing down their temples in the bargain. Unfortunately for proponents of a hate-driven history, facts tell a different story. 

The tale of the often-ruthless methods that Portuguese Christians took to effect conversions in Goa may be more recent but it is by no means the whole story of how Christianity arrived on the shores of the sub-continent and found deep and abiding routes. That is an inquiry that is more complex, more varied and far richer in detail. 

In a Maharashtra college level text, he chapter on Mahmud of Ghaznavi is used as ripe occasion to launch  a tirade against Islam itself

The record of persons opting to convert to different faiths, be it Buddhism, Jainism, Christianity Islam or Sikhism, is a worthy exploration in itself. Honestly told, it could offer vital insights on the impulses of ideas and motives as they have driven humankind over the ages. It is, however, a subject that has been significantly ignored except through banal references to ‘syncretism’ and ‘synthesis’ that are left thematically and conceptually unexplored. 

The subject of shifts and changes to different faiths is educative, simply because if fairly approached, the process will throw up different sets of reasons and varying motivations for these actions, these changes of faith that persons opted for. The differences and variety would depend upon the period when the change took place, the region within India that we would be looking at and, finally, the method employed for the conversion itself.

None of the mainline Indian textbooks really do justice to this subject. We often find a single sentence reference to the fact that Islam first came to the shores of the Malabar coast through the regular visits of Arab traders who enjoyed a long-standing relationship of trade and commerce with India. But the next sentence immediately shifts gear to the other way that Islam came to the Indian sub-continent — through the ‘invasions’ in Sind. From thereon our children are told in graphic detail of the numerous ‘invasions’ but nothing of the coming of Islam through trade and the formations of living communities that resulted. 

Many conversions to Islam or Christianity in the modern period of history have also coincided with the passage of emancipatory laws liberating bonded labour. This allowed oppressed sections the freedom to exercise choice in the matter of faith. These sections, then, exercised this choice, rightly or wrongly, perceiving either Islam or Christianity to be more egalitarian than Hinduism’s oppressive system of caste.

There were several instances of conversions during the second half of the 19th century in Travancore, for instance. Educational endeavours of missionaries and the resultant aspirations to equality of status encouraged many persons of ‘low’ caste to change faith and through this to a perceived position of equality. For example, the first ‘low’ caste person to walk the public road near the temple in Tiruvalla in 1851 was a Christian. Around 1859, many thousands converted to Christianity in the midst of emancipatory struggles that were supported by missionaries in the region: for example, the struggle of Nadars on the right of their women to cover the upper part of their body, a practice opposed by the upper castes!

There are so many fascinating examples. Large-scale conversions to Islam took place on the Malabar coast not during the invasions by Tipu Sultan but during the 1843-1890 period. These were directly linked to the fact that in 1843, under the British, slavery was formally abolished in the region. As a result, large numbers from the formerly oppressed castes, bonded in slavery to upper caste Hindus moved over to Islam, which they perceived, rightly or wrongly to preach a message of equality and justice.

Trade and commerce finds dry and peripheral treatment in our texts as do the impact of technological developments through history. Religious interpretations and explanations often pre-dominate, with little attempt to explain how ideas and thought-processes travelled across continents and borders; the means and modes of communication etc. are hardly explored. 

Our secular texts are completely silent on the ideology that killed the Mahatma despite the fact that the RSS was banned by the government of India following his assassination

Within the Indian sub-continent, this century saw the emergence of different streams of thought that contributed significantly to the struggle for independence against the British. It also saw the emergence on the sub-continent of processes, fully encouraged by the British, of exclusivist and sectarian trends within the broader national movement that chose to articulate their worldview in terms of narrow religious identities.

Within a few years of each other, we saw the birth of organisations like the Hindu Mahasabha and the Muslim League, as also the Akali Dal and the Rashtriya Sayamsevak Sangh. This process of the emergence of different communalisms that contributed in no small measure to the final vivisection of the sub-continent, with all its attendant stories of vengeance and horror is extremely selectively dealt with in Indian textbooks.

Put simply, all these texts speak at length about the birth and misdemeanours of the Muslim League, the Muslim communal outfit that contributed significantly to the politics of the period. No mention is at all made to the birth around the same time of the Hindu Mahasabha and the Rashtriya Swayamsevak Sangh, both Hindu communal outfits that contributed in no small measure to the sharp polarisations and schisms at the time. 

Mahatma Gandhi’s assassination is fleetingly mentioned without the ideology that drove Godse to kill him being mentioned, leave alone explored. The fact that the RSS had to face a ban on the question, too, is blotted out to the young student of modern Indian history.

With these kinds of interpretations and inclusions of historical facts in our regular texts, coupled with the repetitious discourse within civil society that has, in recent times, taken a vicious form—and which selectively heaps the blame for partition squarely on the Muslim— is it any wonder that communities and citizens of the country continue to carry the burden of being dubbed ‘traitors’ and ‘anti-national?’

The young student of history in India, therefore, can without compunction put the entire blame of the partition of the sub-continent on the Muslim League and Mohammed Ali Jinnah’s shoulders. The bias does not end here. While the Muslim League receives detailed treatment in the average Indian text, it does not give a single line to Hindu communal outfits. 

In furtherance of the same theme, there is no attempt to either explain or detail that the Muslim League enjoyed a limited hold over only sections of the Muslim elite and landed gentry; that many hundreds of thousands of Muslims participated actively in the struggle for Independence against the British; that the idea of Partition was backed by a miniscule section of Indian Muslims; that the artisan class which constitutes a large section of Muslims demonstrated actively against Partition.

In short, if you read an average Indian text, be it from the state or central boards, the Hindu Mahasabha and the RSS bear no part of the historical blame for Partition. The crime is worse compounded by the fact that Mahatma Gandhi’s assassination is glossed over, often receiving no more than one sentence in explanation. 
The ICSE History and Civics textbook, Part II for Std. X, devotes a whole chapter to the ‘Formation of the Muslim League’. But there is no mention at all of Hindu communal organisations. 

And to top it all, here is what the same ICSE text has to say about Mahatma Gandhi’s assassination: “Mahatma Gandhi toured the hate-torn land of Bengal, trying to put a stop to the communal frenzy and salvage the people from ruthless communal slaughter. While celebrations and riots were still going on the architect of the nation was shot dead on 30th January by Nathuram Godse”. There is no further comment on the assassination, or the ideology that drove the assassin. Neither is there any mention of the fact that the government of India banned the RSS following Gandhi’s murder because of Godse’s close association both with the RSS and the Hindu Mahasabha. There is no information on the trial of the assassins of Gandhi, the justification by Godse of his act and so on.

Similarly, the Social Studies text for standard VIII of the Gujarat State Board, has a tiny sub-section titled, “The Murder of Gandhi”. This reads thus: “After Independence there were severe communal riots in India. Gandhiji tried his utmost to suppress it. Many people did not like this. Gandhiji was murdered at the hands of Godsay on 30th January 1948. ”

Again, no words of explanation of the ideology that was responsible for the murder of Gandhi though painstaking efforts are made in this and other texts to explain the ideology that partitioned the sub-continent. 

It appears logical and inevitable for the stated political project of the RSS and its Shishu Mandir-style education to offer such an immutable approach, a series of unquestionable absolutes, to the young mind. How else can the RSS organisation, whether it be at the shakha or the Shishu Mandir level, create a social and political atmosphere where selectively half-truths and blatant falsehoods dominate all discourse? How else does one create an environment where critical questions are never asked, leave alone answered? And, worst of all, prevailing social inequalities, indignities and humiliations are left unaddressed. In short, leave the social and economic hierarchy unchallenged?

But the fact that independent and democratic India’s ‘secular’ texts reflect, with sometimes uncanny similarity, the very same disregard for a growing and inquiring mind, apart from being laced with a series of questionable formulations that hide gender, caste and community–driven bias is what requires urgent and specific attention. And remedy.   

(This article has relied heavily on the research work that the writer has 
undertaken as the Co–ordinator of KHOJ, a secular education project)

Archived from Communalism Combat, October 1999, Anniversary Issue (6th) Year 7  No. 52, Cover Story 1

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Image: Times of India

A Dalit man and his pregnant wife were allegedly beaten up by members of another community at Ugala village in Gir Somnath district for preventing them from grazing their cattle in a farm where the couple had been working as labourers, police said on Tuesday, PTI reports. This falls in the Junagadh district of the state.

The incident happened on Christmas Day. Babubhai Sankhat (35) and his six-month pregnant wife Rekhaben (30) were allegedly attacked on December 25.

“Babubhai and Rekhaben were hired by the farm owner to work in the cotton field at Ugala village. On December 25, they had an altercation with some members of a community who wanted to take their cattle in the field for grazing,” investigating officer and deputy superintendent of police, SC/ST Cell, PS Valvi said.

He said the couple was beaten up with sticks after they objected to cattle grazing, saying it would damage standing crop in the farm. “Both of them were first rushed to a hospital in Veraval and then shifted to Junagadh for further treatment. Gir-Gadhda police has registered a complaint of assault as well as under various sections of the Prevention of Atrocities Act,” Valvi said, adding further investigation is on.

The officer said the condition of the duo is stable. An FIR has been registered at Gir-Gadhada police station in this regard. Police are yet to make any arrest.

Incidentally, four Dalit youths were thrashed allegedly by cow vigilantes in nearby Una taluka in this district in July, triggering massive protests across state by the community.
 
Related Articles:

 1. In Gujarat, 95 Of 100 Suspects In Crimes Against Dalits Acquitted
 2. Dalits in the Hindu Rashtra, A Close Look at the Gujarat Model
3.The Dalit Revolt in Hindutva’s Successful Laboratory: Gujarat
 

The post Repeat of Una: Dalit Couple Thrashed in Gujarat, Again appeared first on SabrangIndia.

So, for instance, the same textbook pays lip service to political correctness through a fleeting reference to the fact that the varna system later became hierarchical, but in the same chapter, a few paragraphs later, literally extols the virtues of the intent of the varna system itself.

There is also no attempt nor desire, either in this text or the ICSE texts to explain the inhuman concept of ‘untouchability’ (based on the notion, “so impure as to be untouchable”) that Jyotiba Phule and B.R. Ambedkar made it their life’s mission to challenge, socially and politically. In understanding and teaching about caste, both this text and other ICSE texts display a marked reluctance to admit or link the ancient-day varna system to modern-day Indian social reality.

“The ‘Varna’ System: The Varna system was a precious gift of the Aryans to the mankind. It was a social and economic organisation of the society built on the basis of the principle of division of labour. Learning or education, defence, trade and agriculture and service of the community are inseparable organs of the social fabric. The Aryans divided the society into four classes or ‘varnas’. Those who were engaged in the pursuit of learning and imparted education were called ‘Brahmins or Purohits (the priestly classes). Those who defended the country against the enemy were called the Kshastriyas or the warrior class. Those who were engaged in trade agriculture were called the Vaishyas. And those who acted as servants or slave of the other three classes were called the Shudras. In the beginning, there were no distinction of ‘high’ and low. The varna or class of a person was decided not on the basis of birth but on the basis of his work or karma. Thus a person born of a Shudra father could become a Brahmin by acquiring learning or by joining the teaching profession…In course of time however, the varna system became corrupted and ‘birth’ rather than ‘vocation’ came to be accepted as the distinguishing feature of the varna system. Thus society was permanently divided into a hierarchy of classes. The Brahmins were regarded as the highest class while the Shudras were treated as the lowest. These distinctions have persisted in spite of the attempts made by reformers to remove them. Yet, the importance of the ‘Varna’ system as an ideal system of building the social and economic structure of a society cannot be overlooked”. (Emphasis added).

(Social Studies text, Gujarat State Board, Std. IX)
The only reference in this standard IX text to the indignities of the caste system as it exists today is through an attempt to blame the plight of the untouchables on their own illiteracy and blind faith.
“Problems of Schedule Castes and Scheduled Tribes: Of course, their ignorance, illiteracy and blind faith are to be blamed for lack of progress because they still fail to realise importance of education in life. Therefore, there is large-scale illiteracy among them and female illiteracy is a most striking fact. (Emphasis added). ” 

(Social Studies text, Gujarat State Board, Std. IX)
The ICSE texts are similarly non-critical and evasive. 
The New ICSE History and Civics, edited by Hart and Barrow, Part 1 has this to say.
“The Caste System: The division of society into four varnas (classes) had its origin in the Rig Vedic period. Members of the priestly class were called brahmins; those of the warrior class, kshatriyas; agriculturists and traders, vaisyas; and the menials, sudras. It is said that the caste system in the Rig Vedic times was based on occupations of the people and not on birth. Change of caste was common. A Brahmin child could become a kshatriya or a vaisya according to his choice or ability…

“Varna in Sanskrit means the colour of skin and the caste system was probably used to distinguish the fair coloured Aryans from the dark coloured natives. The people of higher castes (brahmins, kshatriyas, and vaisyas) were Aryans. The dark skinned natives were the sudras, the lowest class in society, whose duty was to serve the high class. 

Archived from Communalism Combat, October 1999, Anniversary Issue (6th) Year 7  No. 52, Cover Story 2

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