It was Krishna Kumar, the well-known educationist, who I believe first introduced me to the name — Gijubhai Badheka (1885–1939). Hailing from Bhavnagar, known as the cultural capital of the Saurashtra region of Gujarat, Gijubhai, Kumar told me during my student days, made significant contributions to the field of pedagogy — something that hasn’t received much attention from India’s education mandarins. At that time, Kumar was my tutorial teacher at Kirorimal College, Delhi University.

When Kumar — who is said to have been the main mind behind Prof Yashpal’s seminal report “Learning Without Burden” — mentioned Gijubhai, I vaguely recalled my father, Jagubhai Shah, also referring to him as a great Gandhian educationist. As often happens in youth, I didn’t pay much attention to what my father said about him. I vaguely remember my father telling me he had been associated as an art teacher at Ghar Shala, or perhaps Dakshinamurti Balmandir, both founded by Gijubhai for his educational experiments.

My recent interest in Gijubhai, also known as “Mucchadi Maa” (mother with moustaches), stems from a contact I received from someone in Pune — of Mamata Pandya, my school classmate. I was told she is Gijubhai’s granddaughter and had created a site: https://gijubhaibadheka.in. After leaving school in 1970, I met her sometime in the early 1990s after I joined The Times of India, Ahmedabad, as assistant editor. It was at the Centre for Environment Education (CEE), where I had been invited to speak on media and the environment. I was told she had spent around 35 years at CEE.

This prompted me to recall two contrasting viewpoints on Gijubhai that exist in Gujarat today. One, a critical perspective, is from top Dalit rights leader Martin Macwan, who had written a critique of Gijubhai objecting to his views on Dalits several years ago.

During a recent interaction with Macwan, I asked him specifically about his objections. He said that while Gijubhai’s contributions to pedagogy were unparalleled (“he used the Montessori method of teaching in Indian circumstances”), he suffered from the same casteist attitudes that plagued most Gandhians of his time.

“My article was published in the journal Naya Marg (now defunct), edited by the late Indubhai Jani,” he said, and went on to describe a story written by Gijubhai for children. “The story is about a princess who falls in love with what Gijubhai calls a bhangi. The term itself is derogatory. The boy wants to marry the princess.”

Macwan continued, “Her brother, the prince, lays down a condition: she can marry the boy if he wins a gambling game. The prince loses, and the princess marries the boy, who lives in a low-lying area inhabited by so-called untouchables. She is unhappy with the place. Seeing her distress, the king attacks the locality, destroys it, and ‘frees’ the princess. The story ends with the ruler’s family living happily ever after.”

“What message does this give, especially to young minds?” Macwan asked, adding, “Such views can be found in other stories by Gijubhai as well. I read many to understand his perspective.” A similar view, he said, is shared by Joseph Macwan, a well-known Gujarati litterateur, “who has also written critically about Gijubhai.”

Martin Macwan, Sukhdev Patel

 

He added, “And to those who say Gijubhai should be seen in the context of his times, I
want to remind them that the couple Jyotiba and Savitribai Phule, also educationists and living a generation earlier (in the 19th century), strongly opposed untouchability and passionately advocated for Dalit and women’s rights in Maharashtra.”

The other viewpoint comes from Gujarat’s well-known child rights leader Sukhdev Patel, who once told me that branding Gijubhai as casteist “overlooks” his immense contribution to pedagogy. A look at Gijubhai’s work suggests that while he opposed social discrimination and advocated inclusive education, there are no direct quotes in which he explicitly denounces caste discrimination.

At the institutions he established in Bhavnagar, it is said that Gijubhai promoted the inclusion of marginalized groups, encouraged Dalits to join in, and facilitated education for all, regardless of caste. His educational philosophy was centred on child-centric learning, freedom, and respect — challenging the rigid and discriminatory norms of his time.

However, the farthest he went was to say things like: “Every child has the right to a quality education, regardless of their background or circumstances,” “Education is not a privilege; it’s a fundamental human right,” or “Children are not vessels to be filled with knowledge but lamps to be lit.”

Gijubhai also said, emphasizing the need for schools to adapt to children’s diverse needs: “It is not that they are unfit for the school. Rather, the school is unfit for them. The school is unable to teach them what they have the aptitude for.” He was, his defenders point out, critical of the conventional, exam-driven schooling system that treated children as passive recipients, and instead advocated activity-based learning, storytelling, music, and hands-on experiences — something Prof Yashpal’s report “Learning Without Burden” also emphasized.

It is precisely for this reason, it is pointed out, that Krishna Kumar, in a paper titled What is Worth Teaching?, laments: “We have failed to give Gijubhai the place he deserves in the national narrative of educational thought. His experiments in Bhavnagar were a far more radical challenge to colonial schooling than many better-known reform efforts.”

Courtesy: CounterView

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

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

The one-man committee: Justice K. Chandru

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

Caste names and markers: their role and significance

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

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

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

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

Recommendations to eliminate caste names and markers

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

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

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

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

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

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

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

Other recommendations given by the committee

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

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

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

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

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

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

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

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

The need for the committee: context and background

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

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

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

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

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

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

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

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

Long term goals of the one-man committee

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

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

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

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

Conclusion

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

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

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

The report of the committee can be read below:

Related:

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

Caste Discrimination and Related Laws in India

Widespread residential segregation & discrimination of Muslims & Dalits: Study

Higher education: Caste discrimination runs deep 

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

Caste Struggle and Colonialism dropped from NCERT school textbooks

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

Part One of a series

The Central Board of Secondary Education (CBSE) took to the Twitter social media platform on Tuesday, September 27, to clarify allegations that it has included a ‘casteist’ text, in the Class 6 History textbook, which talks about the Varna system and went viral on social media. The Boards defense: CBSE, which acts as a board that sets exam and affiliation guidelines, is not a publisher of textbooks across the country and schools affiliated to them use NCERT curriculum, especially from class 9 to 12.

“The class 6 History textbook containing topics on Varnas has been wrongly attributed as published by CBSE. This is factually incorrect. It is clarified that CBSE does not publish History textbooks, thus the matter does not relate to CBSE. Team CBSE,” said the tweet by the national level of board of education. which received backlash from netizens and political parties such as Actor and Politician Kamal Hassan’s Makkal Needhi Maiam and Viduthalai Chiruthaigal Katchi, two prominent political parties in Tamil Nadu.

Who then published the errant text?

The Free Press Journal reported the controversy and the board’s clarification. CBSE, which acts as a board that sets exam and affiliation guidelines, is not a publisher of textbooks across the country. The book, which has the viral image of the text, was published by XSEED Education which is a publishing house based out of Singapore. The issue of tenders, costs and profits over textbooks is one that has dogged government text book boards for decades.

How did the controversy erupt?

The class 6 History textbook containing topics on Varnas has been wrongly attributed as published by CBSE. This is factually incorrect .
It is clarified that CBSE does not publish History textbooks, thus the matter does not relate to CBSE.

Team CBSE

— CBSE HQ (@cbseindia29) September 27, 2022

It was social media users shared a chapter’s page about the Varna System that went viral. According to the lesson’s text, the Brahmins were priests and instructors, the Kshatriyas were warriors, the Vaishyas were businesspeople, artisans, and landowners, and the Shudras were labourers who “assisted” the other three varnas, which created an uproar among netizens.

Caste in Indian textbooks has been a long standing issue, unresolved and unaddressed. In 2021, as reported by The Telegraph, an Odisha-based study revealed a strong bias against the oppressed castes in school curricula. The findings corroborate, with evidence, what many have said: School curricula erase Dalit and non-elite caste histories and lived experiences.

Details of the study:

A research group consisting of ISI Bengaluru and IIT Hyderabad experts analysed ten literature and social sciences textbooks taught to classes IV to VIII in Odisha schools. It found that only three of ten books ever mention Dalits, or only five per cent of the total pages that present Indian social life. This stark finding underlines the near invisibility of Dalits in our school curricula.

Textbooks, especially for the social sciences, formally open up the world for learners. This is why inclusion is crucial to representation and participation and exclusion perpetuates exploitation. Put differently, it is shadows and silences in our textbooks that hold a mirror lesson for teachers, students, families and society.

Exclusion as denial

From the late 1990s to presently, first Communalism Combat, now Sabrangindia have tracked these shadows and silences. Vimal Thorat, Convenor of the National Campaign for Dalit Human Rights (NCDHR) and a former professor of Hindi at the Indira Gandhi National Open University (IGNOU), speaks to co-editor, Teesta Setalvad of her decade’s long struggle to ensure that Dalit literature from seven Indian languages (translated into Hindi) is available to MA Part II students at the IGNOU.

 “There will be no social transformation without the consistent and creative propagation of the fundamental values of equity and non-discrimination,” said Vimal Thorat. “If we want a society where there is camaraderie, fraternity, a sense of justice and equality, then these issues need to be brought in, inculcated and taught from standard 1 onwards; but we don’t have these basic constitutional values in our syllabus. Why?”

Excerpts from the Interviews:

“The first all girls school was set up by Savitribai Phule, a radical feminist in Pune in 1848; she challenged gender exclusion and the caste order and yet this narrative is absent from our textbooks….“There was a resistance even in the NCERT to ensure the inclusion of Phule, Jyotiba, Savitribai Phule and Ambedkar earlier. The first NDA government removed references to these radical thinkers in 2002; we had to struggle to get them back in 2012 but we are not sure what this government, given its orientation, will do.”

“Due to the strong Dravidian movement in the South, due to the heritage of rationalism and resistance led by Periyar and Narayan Swamy against Brahmanical hegemony, there was a strong impact in the social sphere and even in the area of education; there is a need for a new awakening in the north.”

“The period in India, after the demolition of the Babri Masjid in 1992, was also a period wherein atrocities against Dalits in Punjab and Haryana also sharply increased…“This reached a terrible climax in 2013, when 42 Dalit girls were raped in Haryana and the organisation that I represent, the National Campaign for Dalit Human Rights (NCDHR) raised the issue consistently through mass meetings and campaigns. The incidents were shocking; they shook the nation. I recall when we held the Haryana Dalit Mahila Samaan Rally so many other cases came up before us. These should be the issues for the mainstream Indian feminist movement.”

The pain and exclusions experienced by Dalit feminist writers, expressed powerfully in their literature has not been foregrounded as Indian feminist writing.
​
How many Indian children in schools, or students at universities know the work of Kumud Pawde a Dalit Feminist who made a powerful statement in her essay, “The Story of My Sanskrit” an extract from her a autobiography Antasphot?
​
[The work traces the path of a Dalit woman in the public sphere of education and employment: bureaucratic apathy to in-egalitarianism and an absence of revulsion to untouchability]

“The issue of the Feminism of Dalit, Adivasi and Minority women needs to be considered carefully. The life experiences of Dalit and Adivasi women are different; they are life and death issues rarely seen and articulated in the middle class urban feminist movement”.
​
“Security is a key issue for Adivasi women as is becoming clear in the heart of the Adivasi areas. Dalit women face attacks almost every day and the issues faced by Muslim women are also specific. For the Indian feminist movement to be representative and meaningful, all these issues need to be represented. In 2013 in Haryana in the course of two months there were 42 gang rapes of Dalit girls and women”.
​
“Dalit feminist writing like that of Kausalya Baisantry (Dohra Abhishaap, Twice Cursed) speaks of the combined curses of untouchability and patriarchy”.
​
“Urmila Pawar’s autobiography Aaydan (2003) is seminal. She is also known for her short story writing in Marathi. She hails from the Ratnagiri district of Maharashtra. Urmila Pawar, Daya Pawar, Baby Kamble and Shantabai Gokhale are among the other prominent voices of Dalit literature. Her memoir Aaydan speaks of the weaving of cane baskets. It was the main economic activity of the Mahar caste to whom, she belongs”.
 
The symbolism of ‘Chani’ in Dalit women’s writing: ‘Chani’ is the name given to dried pieces of meat; handling of animals was an activity segregated to the ‘untouchables’ and therefore the women among them would perform this difficult task. The symbol of Dalit women, in their autobiographies speaking of carrying basketfuls of meat taken from dead animals on their foreheads even as the blood from the animals flows down the bodies. Hunger is the most compelling motive and to quell this hunger women would subject themselves to this. Then they would dry and cure the meat”.

2021 Odisha study of history texts 

Though the 2021 study focuses on schools in the state Odisha, there are suggestions hat the situation in many other states is no different. The invisibility of Dalit characters distances the texts from reality. It may also teach students to adopt a hierarchical approach in social interactions. In India’s social life, which is based on exclusion, notions of purity and pollution get enforced with (overt and covert) violence against the less powerful. The study refers to school texts in Gujarat, which call the caste system benign. In Rajasthan, too, caste is described as a good system based on professional differences.

In 1999, a study of the Gujarat state textbooks conducted by Khoj Education for a Plural India programme, (and published in Communalism Combat, October 1999) described the caste system as the ideal way to build society. “Of course, their [lower castes’] ignorance, illiteracy and blind faith are to be blamed for lack of progress because they still fail to realise the importance of education in life,” the book noted.

‘Caste is a precious gift’, 1999 Social Science Texts

The caste system receives generous treatment in Indian textbooks, as analysed by the Khoj study, be it the ICSE text books or the Gujarat board.

“ Even the section in the text book of the Gujarat state board that seeks to explain the constitutional policy of reservations makes remarks about the continued illiteracy of the ‘scheduled castes and tribes.’

“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, 1999)

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.

2019 New India

In 2019, the NCERT issued a circular announcing the culling of three chapters from its Class IX history textbook under a policy to rationalise courses. The topics were clothing and caste conflict, cricket history, and the impact of colonial capitalism on peasants. This would imply that the struggles of the Nadar women of Travancore in the early 19th century to wear upper body clothes to cover their breasts, or the discrimination against the talented cricketer Palwankar Baloo to lead the Indian cricket team as he was a Dalit, would not be spoken of in textbooks.

However, a 2019 study of how caste was communicated through textbooks for Class 6 and 10 students has found some improvements compared with twenty years ago. In 2005, NCERT textbooks tried to address caste in a more explanatory way. The author of the study, journalist Sumit Chaturvedi, credits the National Curriculum Framework (NCF) 2005 and the Draft Learning Outcomes for elementary education, a document prepared by the NCERT in 2017, which spoke of sensitising students towards caste. Yet, Chaturvedi also notes some problems. The books focus on vulnerable caste groups and their lived experience, whereas dominant caste identities or the logic of the caste system is not interrogated. The perception is also created that caste is an issue of the vulnerable only, which supposedly indemnifies the dominant castes. Third, he notes, the books still allow the youth to claim they are “casteless”.

However with the coming and consolidation of the NDA I and NDA II governments, the NCF 2005 has been abandoned, texts slashed of their content and the New Education Policy (NEP-2020) implemented.

Though caste re-formulates over time, it is often taught as  a thing of the past that has no relation to or continuity with what happens today. It allows the dominant castes to distance themselves from recognising that caste-based exclusions and violence are an existing malady. It thus facilitates denial of the lived experiences of the Dalits and perpetrates violence against those who experience caste discrimination and bias.

Related

IIT-Bombay to introduce caste awareness courses
How do casteism, bigotry continue to thrive in IITs?
IIT Prof’s meltdown, abuse of students is a lesson on how not to teach
Kolhapur’s Rajarshi Shahu Maharaj and his battle for Dalit-Bahujan communities

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One of the deterrents to justice and equality for people hailing from disadvantaged and oppressed castes and communities, is how  the discrimination is often institutional, inflited by those with power as they feel entitled to do so. Moreover, deeply entrenched problematic notions often prevent poeple with power from recognising and responding to discrimination, thereby restricting avenues of redressal for the aggrieved. This institutional casteism, its prevalence and impact, are examined in great detail in a report titled ‘The Steady Drumbeat of Institutional Casteism’. 

The need for such an investigation became acute especially in wake of the institutional murder of Dr. Payal Tadvi, an Adivasi doctor who died by suicide after suferring extreme emotional abuse and jibes about her socio-economic background from her peers. It is aimed at understanding experiences of different sections of students and employees in medical institutions regarding caste-based discrimination as well as the response/action taken (or its absence) by the institutions in terms of its mandated responsibilities to prevent occurrence of such events.

The report has been compiled by Forum Against Oppression of Women (FAOW), Forum for Medical Ethics Society (FMES), Medico Friends Circle (MFC), and People’s Union for Civil Liberties (PUCL), Maharashtra.

Dr Payal Tadvi’s institutional murder

As per the media reports, over a period of one year, three women resident doctors from the third year of residency in Obstetrics and Gynecology at Mumbai’s Nair Hospital, namely, Hema Ahuja, Ankita Khandelwal and Bhakti Mehere, continually harassed Dr Payal Tadvi. The harassment included persistent derisive remarks about her caste, and her hailing from a backward community, being an Adivasi. The jibes alleged that she got admission into the prestigious medical college only because she was Adivasi and therefore benefited from reservation.

Caste, religion and “merit”

After a detailed account of the incident and the institutional response, as well as the trial, the report dives deep into the caste-based social structure and how it penetrated into other religions apart from Hinduism, thus explaining its all-pervasive nature.

The report then explores how casteism is much more pronounced in higher education, as reservation is seen as “anti-merit” which is a completely wrong notion, as affirmative action is actually a way to compensate for centuries of lack of social capital. During their interaction with various stakeholders they found that the ground for this argument against reservation is that the candidates who get admissions through accessing reservation, do not have required merit and capabilities to complete these professional courses and be equipped professionals or practitioners in medicine or engineering. The report points out that the Supreme Court in 2019 B. K. Pavitra and Ors v The Union of India and Ors held that “For equality to be truly effective or substantive, the principle must recognise existing inequalities in society to overcome them. Reservations are thus not an exception to the rule of equality of opportunity. They are rather the true fulfilment of effective and substantive equality by accounting for the structural conditions into which people are born.”

The researchers interacted with two Ayurvedic doctors who pointed out that students from marginalised communities do not have resources required to prepare for the entrance exam for medical colleges, NEET. Further, in internal exams, they are often subjected to unfair assessment practices.

Assertion of dominance

Some respondents described how it was fairly common for individuals from marginalised castes and tribes to be subjected to humiliation on account of their caste identities. Showing the students from marginalised castes and communities “their place” in the social hierarchy, and making them feel inadequate and lowly is a common practice. This tends to range from making them feel that they are undeserving of their place in the institution to openly saying that they should be grateful for the kind of food they could get in the institutional settings at the college canteen or mess.

Aside from the experiences of marginalised communities, the report also explores how post graduate medical students and resident doctors employed in government hospitals are constantly overworked and how their condition has not changed for the good despite several news reports highlighting this fact. To add to that, those from marginalized communities have to bear comments like ‘you don’t deserve this’ as they enter through reservation.

Further, those from marginalised communities also miss out on academic engagements with the peer community in the form of seminars and conferences as access to resources enabling such participation, mentoring and approval from seniors or concerned offices within the system determines possibilities of such engagement opportunities and there are caste based discriminatory practices in this sphere as well. This discrimination is also carried forward at places of employment after the education is complete.

The report also goes into detail into the various committees that have been commissioned over the years to check redressal of grievances of caste discrimination in higher education institutions and while the UGC has issued guidelines to universities and colleges, several have remained non-compliant to these guidelines thus allowing caste based discrimination and the redressal for the same to go unchecked.

Non-recognition of discrimination

The report states that there is a culture of not recognising discrimination and not identifying it as such. People from marginalised communities who get entry through reservation are often accused of securing their positions as a special favour from the State, and that they are undeserving of the same.

There is a presumption that for those from the communities eligible for reservation, life is easy as they apparently do not have to work hard to get admission in any field they want. There is a presumption of ‘lack of merit’ and the intention is to show ‘them their place’ and to humiliate. The assumption is that it is easy for those belonging to the marginalised communities. Such sentiments and perceptions also implied that for those coming from dominant communities it is very difficult because they have to face so much competition and have access to few seats! This statement reeks of entitlement of caste.

The complete report may be read here:

Related:

UP Dalit man who exposed SC discrimination in school being threatened?

Karnataka: Dalit family fined Rs 25,000 for ‘purification ritual’ after toddler runs into temple 

A year on, Hathras victim’s family awaits a house, pension and employment

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The post Notice to UGC, Govt on Caste prejudice: SC appeared first on SabrangIndia.

Two months ago, it was the turn of the Rabindra Bharati University to join institutions across the country with this black mark. In June 2019, there were reports of an assistant professor of Rabindra Bharati University being subjected to casteist taunts by some Trinamool students’ union members after she refused to increase their marks in the post-graduation examination.

As reported in both the Indian Express and The Telegraph, students ‘shamed’a professor of the institute –who happen to belong to the one of the Scheduled Castes (SC)–for her caste, skin color and gender. A special fact-finding committee was set up by vice-chancellor Sabyasachi Basu Ray Chaudhuri after the professor complained about this acute harassment. However, it was 22 days before the committee held its first meeting. Worse, the meeting didn’t result in any concrete action against the accused students which compelled the heads of four departments and the directors of three schools of advanced studies of the university to resign from their posts. Contrary to what actually transpired, State Education Minister  Partha Chatterjee tried to explain this away , “We will not tolerate such treatment to teachers by any student. The guilty students will be punished no matter which group they belong to. I have informed chief minister Mamata Banerjee about this incident and she has asked me to keep her informed about the probe…. I have requested the teachers to withdraw their resignations and resume work.”

This recent incident in West Bengal becomes the last in a long line of such sorry ones. Sabrangindia has carried an in-depth analysis of how deep the caste-ist attitudes go in so-called progressive Bengal. [“Calcutta University worshipping the Chandal” was the vicious campaign carried out in 1921, when Sir Ashutosh Mukherjee appointed Mukund Behari Mallick, a Pali teacher, in the University.] This article may be read here:
 

1. Saraswati Karketta, most recent victim of institutional, caste based intimidation at Rabindra Bharati University, Calcutta

2. How caste is alive and kicking in Bengal

 
This discrimination is not limited to teachers; even students belonging to the marginalized sections are subjected to harassment and torture by the seniors, the batch mates as well as the professors, so much so that many of them are forced to commit suicide. To give an instance, a 30-year old medical student of the Rohtak Medical College in Haryana committed suicide after the HoD refused to sign his thesis. Omkar Baridabad, a resident of Hubballi, was found hanging in his hostel room on the night of June 13. Omkar’s batchmates claimed that HoD Geeta Gathwala had abused him when he requested her to sign his thesis on the last date of submission. It’s said the HoD had not signed his thesis for a long time and at the last moment once again spoke about he being a reserved candidate.
 
Suicides by Dalit and Adivasi students:

1. Payal Tadvi
Dr. Payal Tadvi (26), practicing at BYL Nair Hospital and pursuing her post-graduation committed suicide on May 22, 2019, in her hostel room in Mumbai. A person belonging to the ST, Tadvi faced continuous harassment by her upper caste (Savarna) colleagues and roommates. Despite repeated complaints to the authorities, no action was taken eventually forcing Tadvi to commit suicide.

2. Rohith Vemula
Suicide of the Dalit scholar Rohith Vemula on January 17, 2016 sparked a controversy across the nation and resuscitated the issue of caste-based discrimination in universities of our nation. Vemula, a Dalit student and a PhD candidate at the University of Hyderabad, was a victim of institutional murder, often inflicted on Dalits and marginalized like him. His heart-wrenching suicide note read, “My birth is my fatal accident. I can never recover from my childhood loneliness.”

3. Muthukrishnan Jeevanantham
Dalit research scholar, Muthukrishnan Jeevanantham (27), was studying at the eminent Jawaharlal Nehru University. He met a similar fate like that of Rohith Vemula and committed suicide in March 2017 in a friend’s room. Just a few days before his death, in his last public post, he wrote, “There is no Equality in M.phil/PhD Admission, there is no equality in viva–voce, there is only denial of equality…”

4.  Delta Meghwal
Delta Meghwal (17) from Barmer in Rajasthan, was pursuing a teacher training course in Nokha in Bikaner. During her course, she was forced to clean the hostel premises and regularly faced casteist slurs by the authorities. In March 2016, she was instructed by the hostel warden to clean the PT instructor’s room where she was raped. Her body was found the next day in the water tank of the hostel.

5. Aniket Ambhore
Aniket Ambhore was a Dalit student in IIT Bombay who was discriminated against on the basis of his caste. He committed suicide in 2014. His parents had submitted a 10-page testimony to the Director of IIT Bombay, elaborating the kind of caste discrimination he faced in his life. An enquiry committee was set up; however, its findings were never made public.

6. V Priyanka, E Saranya and T Monisha
V Priyanka, E Saranya and T Monisha, all 19-year old, studying Naturopathy in SVS Yoga Medical College in Kallakurichi, near Villupuram, committed suicide in 2016 to escape the torture they faced at the hands of the college chairperson Vasuki Subramaniam who was also accused of charging an exorbitant fee. In their suicide note, the girls said that the students had filed several complaints against Subramanian, but to no avail. Citing “torture” by the management, the girls hoped that their suicide would finally force authorities to take action against the chairman.

7. Anil Meena
Anil Meena belonged to a tribal family of agriculturists, and had qualified the entrance exam to the prestigious All India Institute of Medical Sciences (AIIMS). However, in 2012, within two years of his stay, he committed suicide at the age of 22. Anil Meena along with other students from the SC/ST category were not allowed to write the exams as they fell short on attendance. However, the same rules didn’t apply to the general category students, evidently showcasing a caste bias. Students like Anil Meena were deliberately neglected by the teachers and authorities in AIIMS because they belonged to the reserved category.

8. Bal Mukund Bharti
Bal Mukund Bharti was another victim of caste discrimination at AIIMS, who also chose to take his life than bear the brunt of a society based on caste hierarchy. A final year student of MBBS in AIIMS, Bal Mukund had attempted suicide a day earlier but was saved by his friends. He repeatedly faced casteist prejudices by the faculty members in AIIMS who felt that a Harijan or Adivasi did not deserve to study medicine. He committed suicide on March 30, 2010.

9. Senthil Kumar
Senthil Kumar belonged to a sub caste of Dalits named ‘Panniyandi’, and was a student of Hyderabad Central University. He was one of the first to pursue a doctorate from his community. However, because he was from a reserved category, Senthil faced severe discrimination to the extent that he wasn’t even allotted a supervisor. Depressed with the incessant institutional discrimination, Senthil committed suicide in 2008.

10. Manish Kumar Guddolian
Manish Kumar Guddolian, a Chamar (Dalit), was studying in the Department of Computer Science and Technology of IIT Rourkee. Manish was subjected to constant torture and casteist assaults by his classmates and the hostel warden which even forced him to live out of the campus. Unable to tolerate the agony, Manish committed suicide at the age of 20 in 2011.

11. Jaspreet Singh
Jaspreet Singh was a fourth-year medical student at the Government Medical College, Chandigarh. A Dalit by caste Jaspreet was humiliated by one of the professors who threatened to continually fail him in his papers. “Do whatever you can do, I will make you to do your MBBS all over again,” taunted Prof N.K. Goel, Head of Department, Community Medicine. Due to this harassment, Jaspreet committed suicide in 2008 and named the professor in his suicide note.

These are just a few incidents wherein the students belonging to the marginalized sections of the society chose death over humiliation.

SC/ST representation in higher education:
The University Grants Commission (UGC), a statutory body charged with coordination, determination and maintenance of standards of higher education, have 903-degree awarding universities/institutions under it. However, college to student ratio is poor with only 28 colleges per lakh population. Not to forget, most of these institutes are located in Tier 1 and Tier 2 cities making them inaccessible and unaffordable for the marginalized sections. Further, historical discrimination against the SCs and STs has led to their under-representation in majority of areas. A miniscule proportion of them manage to reach to the higher level of education, however, they continue to face caste discrimination, compelling them to drop out or take their lives, as mentioned in the previous section.

According to the Higher Education, All India & States Profile, 2017-18, of the 3,66,42,358 students in higher education, only 14.41% are from the SC and 35.02% from the Other Backward Class (OBC). The condition of STs is the worst amongst all, with representation of a mere 5.22%. Females belonging to these categories are subjected to a double whammy with a representation of around 47% across each category.

 
UGC Guidelines on caste discrimination:
Though India has in place, the Scheduled Castes and Scheduled Tribes (Prevention Of Atrocities) Act, 1989, which was enacted to tackle institutionalised and often violent caste based denial and discrimination (amended in 2015),  we have done little to engender a just application of this law. Or to create ‘Discrimination Committees’ within institutions that address the problem. Much like the Sexual Discrimination at the Workplace issue, this is still an issue still evolving within India. Owing to the rising cases of discrimination, UGC had formulated guidelines in 2011 to prevent caste discrimination in higher educational institutions, which were amended in 2016 to include “discrimination on the basis of colour, caste and race” in the anti-ragging regulations. This also followed the findings of Thorat Committee report appointed by the UPA II government.

The 2011 guidelines read:

UGC had again sent a reminder to the universities in 2013 to send action taken reports as mentioned in the 2011 guidelines.

The 2016 amended guidelines are as follows:

Despite repeated guidelines, universities across India have failed to take any action against the increasing caste discrimination on campus. As a result, a month ago UGC warned of coming down heavily on colleges and universities that are not complying with its guidelines on putting in place a mechanism to address caste-based discrimination on campuses. The warning came in the backdrop of Dr. Payal Tadvi suicide case.

“We will first make a list of colleges and universities that are not complying with our guidelines on caste-based discrimination and ask them to immediately do so. We will be sending out a circular to the institutes in a day or two and appropriate action will be taken against the erring institutions,”  said Rajnish Jain, secretary, UGC. “There is a need to be more sensitized and institutes affiliated under the UGC need to deal with such (caste-based) cases more sensitively. We would be writing again to the institutes emphasizing on implementation,” UGC chairman DP Singh told Economic Times.

Pretty words, however do not substitute sincere action. The Hyderabad Central University (HCU) that will historically be remembered for taking the life of bright and energetic Dalit scholar Rohith Vemula, was also manipulated by the Modi.1 government into re-installing Appa Rao Podille, the notorious Vice Chancellor, to whom Vemula had addressed two letters (December 18, 2015 and January 17,2016). Brazen against the mounting criticism the Modi 1.0 regime one step further. Appa Rao had been first suspended when Vemula’s death caused a nationwide uproar and protests erupted. Within weeks however, with armed police to protect him, he was brought back even while protesting students and professors were not only beaten up but subject to a spate of malicious proescutions.

Rubbing Salt on Dalit wounds further, the Modi government then appointed Vipin Srivastava as Pro VC, a man who was allegedly held responsible for Dalit Scholar Senthil Kumar Death in 2008.

These moves by the Modi 1.0 government had been also accompanied by slashing of UGC scholarships and fellowships, earlier available to Dalit, OBC and minority students. A gross 20,000 such were slashed each year of the previous government.
 
According to a recent survey by a group of researchers from the Tata Institute of Social Sciences, Indian Institute of Science (IISc), BITS Pilani and Christ University, many universities have yet to implement the recommendations made by the UGC to address caste-based discrimination. Less than a third (42) of the 132 institutes surveyed had any information that could enable students or faculty to access the Equal Opportunity Cells (EOCs) or SC-ST Cell or lodge a complaint. Only 4 of the 15 institutes (deemed as ‘institutes of excellence’), 4 of the 13 IITs (that were established before 2008), and none of the 6 first generation IIMs had this information, the survey revealed. “Some of these institutes claim to have a cell on their websites but there is no information available as to how one could lodge a complaint or approach the committee. They are supposed to make such information publicly available,” said Sumithra Sankaran, research associate at IISc.

In 2007, a committee was set up by the central government, headed by the then UGC Chairperson Sukhdeo Thoratto investigate allegations of harassment of SC/ST students at AIIMS. The committee found out that there was rampant discrimination against SC/ST students. It found evidence of informal segregation in the AIIMS hostels, with SC/ST students being forced to shift into certain hostels following harassment, abuse and violence by dominant caste students. SC/ST students reported that they faced social isolation in dining rooms, on sports fields and at cultural events. Students also told the Thorat committee about discrimination by teachers, which took the form of “avoidance, contempt, non-cooperation, and discouragement and differential treatment.” 84% of the SC/ST students surveyed said examiners had asked them about their caste directly or indirectly during their evaluations. Despite an extensive report with recommendations to curtail the discrimination, it continues to exist till date with students committing suicides as the last resort.

All in all, UGC has failed to take any penal actions against the erring universities till date. Interestingly, as per section 5 of the UGC Act, 1956 which talks about the composition of the commission, there is no provision for including a person from the SC/ST category in it. The 12-member commission, consisting of the chairman, vice-chairman and 10 other members are to be appointed by the central government and must include people who have knowledge or experience in agriculture, commerce, forestry or industry; who are members of the engineering, legal, medical or any other learned profession. However, if the representation of SC/ST students in higher education is so poor, one can comprehend the negligible possibility of the marginalized sections to reach the highest rung and be a part of the commission.

‘Sabka Sath, Sabka Vikas, Sabka Vishwas,’? The slogan of the regime rings hollow.

Related Articles:

1. Caste-igated: How Indians use casteist slurs to dehumanize each other
2. Lessons Unlearned: Nine years after the Thorat Committee report
3. They Chose Death over Humiliation
4. Appa Rao Must Go, HCU Admin Guilty of Conflict Leading to Rohith’s Death: Scientists
5. Rohith Vemula’s Colleagues Appeal to President of India to sack “Dalit-hating” HCU vice-chancellor Podile Appa Rao
6. To Live & Die as a Dalit: Rohith Vemula
7.  Rubbing Salt on Wounds: Modi Regime appoints Anti-Dalit Prof as Pro VC, HCU
8. Why Appa Rao is more Important to the BJP than Rohith Vemula
9. Rohith’s death: We are all to blame

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A section of infatuated Bengalis actually believe, and also proclaim it aloud, that they are above caste and creed. But the fact is that they are the actors and factors behind the attack on the victim, Saraswati Karketta in the cultural highland of India.. The entire country – from east to west, north to south – is under a misconception that caste, tribe and community do not have any takers in the blessed Bengalidom!
 
However, the fact remains that till date, no voice from the civil society has been heard to condemn the ugly incident that led to the resignation of several faculty members of Rabindra Bharati University. It was left to the activists working with Scheduled Castes and Scheduled Tribes to hold a demonstration and call upon the Vice-Chancellor after the news broke in a Bengali newspaper. [2]
 
On the other hand, in a joint statement, 231 accomplished academicians, from India and around the world, have strongly and unequivocally condemned the attack on Dr Saraswati Karketta and demanded justice for her at the earliest. They have .reminded that “Dr Kerketta is by no means an isolated incident, but in fact a part of a long tradition that continues unabated.”
 
One would immediately recall the tragedy that befell Chuni Kotal, a Lodha girl, the first in her tribe to graduate and to enroll for M. Sc [Anthropology] in Vidyasagar University, Midnapur. She committed suicide when faced with sustained and humiliating persecution on the campus by her teacher Falguni Chakraborti. Chuni had submitted written complaints to the authorities in the University against her harassment and her harasser, but without luck. Her death created an uproar which led to the institution of an Inquiry Commission under retired Justice S. S. Gangopadhyay of Calcutta High Court by the Left Front Government of Jyoti Basu.
 
The one-man commission concluded as follows: “On consideration of all the materials on record, we are constrained to hold, therefore, that the allegations brought against Falguni Chakraborty by Chuni Kotal were not sustainable and further that Falguni Chakraborty never practised nor had any reason to discriminate against Chuni simply because she was a Lodha. It may be that on a few occasions, Falguni Chakraborty took Chuni to task for being late or non-attendance or for some such reasons. These are mere trivialities which occur as a matter of course between the teacher and the taught without any personal involvement from either side.
 

“These trivialities were blown up beyond all proportions and transformed into items of complaint. On the basis if the findings arrived upon by us, we conclude that the behaviour meted out by Falguni Chakraborty was not such as to cause intense mental pain to Chuni and lead her ultimately to commit suicide.” [3]
 
So, the abuser was granted a clean chit and Chuni’s complaints of discrimination were treated as “trivialities” that had occurred between him and his victim and were not grave enough to cause Chuni Kotal to commit suicide! A news report subsequently appeared in the media that Lodha children had started dropping out of schools as they felt that they would meet the same fate as Chuni, if they followed in the footsteps of their first graduate! No elucidation needed as such.
 
Another case that comes to mind is that of a shoe-shiner’s son, who needed Calcutta High Court’s intervention to re-join duty! [4] Nakul Ruidas had been appointed as a teacher at Sukanta Smriti Bidya Mandir, Tarapur, District Bankura, after passing the required examinations conducted by the West Bengal School Service Commission. Right from the start, he faced stiff opposition and prejudice from all sides because he was a Chamar whose ancestral profession was skinning, tanning, shoe-shinning, etc.
 
Once Nakul, after duly informing the school, had availed of sick leave. On recovery, he reported to school for his duty. The headmaster did not accept his joining report, for which no reasons were given. A newspaper report mentioned that Nakul moved heaven and earth to approach the various authorities, including the local police, School Managing Committee and District Inspector of Schools, for intervention but nobody paid any heed to his pleas. As a last resort, Nakul Ruidas moved the Calcutta High Court. Furious at the harassment of the petitioner, Justice Tapen Sen directed the District Inspector of Schools to ensure that Nakul Ruidas was not further harassed in any manner and all his arrears were paid within ten days. The High Court expressed its strong disapproval of the prejudicial attitude of the school management, which chose to deny a job in school to Ruidas even after he had cleared the prescribed examinations. 
 
In yet another case reported in a Bengali daily, the father of a girl seeking admission in a KG school was harassed for his caste. Bikas Sardar wanted to admit his daughter to Kishalay, the kindergarten section of the reputed Jadavpur Bidyapith, Kolkata. All formalities complete, he was called to the school for counselling. When the father reached the school, the Principal gave him a 4-page printout of the school’s rules and regulation and asked him to read it out aloud. Surprised, he asked why he was being singled out? The Principal retorted, “You are a scheduled caste. I want to see and be sure your daughter is eligible for admission.” [5] Furious at his treatment, he demanded the immediate refund of Rs. 11,000, which he had deposited.  He was chased away. But Bikas did not pocket the insult. He went to the Alipur Court and filed a complaint against the school before the ACJM. The Court has ordered the Calcutta Police Commissioner to hold an enquiry and report. Information about any of further development in the matter is awaited.
 
As the above examples show, caste prejudice and discrimination has a long history in the education department in Bengal. In fact, Lord George Campbell, the Lieutenant Governor of Bengal, in the Bengal Administration Report 1870-71 said, “Bengal Education Department may be said to be a Hindoo institution.” [6] What did the Lieutenant Governor want to convey by the term “Hindoo institution”? The field officers of the education department of Bengal were divided and subdivided into Inspector of Schools, Deputy Inspector of Schools and Sub-Deputy Inspector of Schools who worked under the control and guidance of Director of Education or DPI. Below the Director, sixty field offices in charge of districts from East Bengal to West Bengal were held exclusively by Bengali Hindus, who were simply inimical to the educational needs and aspirations of the low castes and Muslims. By 1887-1888, eleven Hindu Inspectors of Schools held charge of Circles each coterminous with Revenue Division in Bengal, Bihar and Orissa. [7] These Hindu officials brought their vicious hatred of the low castes, tribals and Muslims with them to their jobs.
 
Historian Sumit Sarkar attests to this with an appropriate example. According to him, the Namasudras, an untouchable community, wanted to start an English high school in 1908 at Orakand in Faridpur district of East Bengal [now Bangladesh]. They wanted to counter the upper caste landlords and money-lenders, who tricked the illiterate and ignorant peasants in everyday matters of rent and debt-payment receipts. “They encountered stiff opposition from the local high-caste Kayasthas, who were afraid that their sharecroppers and servants would no longer work for them if they become educated.”[8]  The upper castes needed illiterate and ignorant men as tenants, who would be exploited as slaves, to sustain their aristocratic lifestyle. In 1911, G K Gokhale’s Compulsory Primary Education Bill was defeated in Central Legislature by upper caste leaders, including Surendra Nath Banerjea among others.
 
As the President of Calcutta Session of the Indian National Congress (1911), Bishan Narayan Dhar, had observed that “…. there are some who object to it [compulsory education] on social and political grounds. Those who are opposed to it dread the loss of their menial servants, and desire that millions of poor men may remain steeped in ignorance so that few wealthy magnets may live in luxury. I am surprised that even in some respectable English journals opposition has been offered to Mr. Gokhale’s Bill on the ground that education would create political discontent among the masses and thus tend to disturb the even tenor of British rule in India.” [9]
This deeply entrenched caste prejudice came to the fore when the Vice Chancellor of Calcutta University, Ashutosh Mukherjee appointed Mukunda Behari Mallick, a Namasudra, who was a reputed advocate of Calcutta High Court, an eloquent orator and an articulate legislator as well as a minister in colonial Bengal, as a Pali teacher at the University. Mallick was perhaps the first untouchable teacher to join the faculty of the Calcutta University. This sparked off vicious whispering campaigns targeting Mukunda, stating that “Calcutta University was worshipping the Chandal.” [10]
 
These ugly and shameful incidents of caste discrimination and harassment, of which the harassment of Dr Saraswati Karketta is but the latest example,  have placed West Bengal at par with states like Haryana, Rajasthan, Uttar Pradesh, Bihar, Maharashtra etc. which are well-known for atrocities and dehumanization of the socially marginalized, the weak and the vulnerable. This should give the votaries of Bengali culture some serious food for thought.

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On June 21, 2017, Dalit judge Justice C.S. Karnan was arrested on a charge of contempt of court. He has been in the news since his appointment in 2009 with his frequent public complaints against the judiciary. In November 2011, he had filed a complaint before the National Commission for Scheduled castes alleging harassment and discrimination by fellow judges. In 2014, he entered the courtroom where a PIL on a list of recommended judges for appointment was being heard and stated that the list was ‘not fair.’ The judiciary, at large, condemned his behaviour, calling it ‘unbecoming of a judge’ and ‘uncharitable.’ In September 2016, he accused the Chief Justice of the Madras High Court of caste discrimination. Justice Karnan’s allegations have all been met with scorn and ridicule. Outrage over the sheer impossibility of a High Court judge making such direct allegations against his seniors has taken centre stage, with no one actually looking at whether there is any truth in Justice Karnan’s allegations.
Legislations require judges to exercise their independent discretion and reasoning to decide different cases based on their factual situations. In doing this, it is impossible for judges not to draw from their own lived experience. This is why the caste composition, among other parameters of identity, of the judiciary is important; in order to ensure fair representation and understanding of the interests and problems of different classes of people.

Traditional caste-based opportunity structures continue to shape access to, and participation in, legal education. Although elite law schools claim to be casteless and classless, caste remains present both systemically and otherwise in these institutions, impacting the eventual composition of the legal fraternity in the country.

A survey conducted by some students in NLSIU in 2015, showed that over 80% of the college’s students were Hindu, while less than 1% were Muslim. IDIA Law found the same statistics when they surveyed students across several National Law Universities. It was found that 65% percent of the students at NLSIU are upper-caste, with 27% being Brahmin. Similarly, a survey conducted in Jindal Global Law School in 2014 found that 61% of its student population is upper-caste.

In the law school, caste takes the form of class, manifesting as accent, fashion and attitude. IDIA’s Diversity Survey found that around 20 percent of students surveyed in various National Law Schools face harassment, or bullying, because of various factors, such as their familial background, poor English language skills, dressing sense, knowledge of popular culture, caste, or ethnicity. Thirty-five percent also reported that they had trouble fitting in with the student community in their college because of their background. A survey of students conducted by two of its students in NLSIU in 2003, showed a strong correlation between the caste/class background of students and various activities, such as mooting and debating, which are important markers of social capital in law school environments. Ten years later, the IDIA survey also found that students with poor English language skills tended to participate less in extracurricular activities. Caste manifests strongly as class in terms of fluency of English in urban India today.

As an upper-caste law student, I have the privilege of not experiencing my caste in any institution.  Lower-caste students from elite law schools, however, speak of experiencing discrimination and casteism in college. For instance, Akhil Kang, a Dalit graduate of NALSAR, an elite law school in Hyderabad, writes of how classmates would look directly at him while speaking about how ‘some lower caste’ individuals do not deserve the opportunity of studying in an institution like NALSAR. Sumit Baudh, a Dalit graduate of NLSIU, Bangalore writes of what he refers to as the ‘roll call of shame.’ The roll numbers of students were arranged with the names of General category students followed by SC/ST students, or ‘reserved category’ students. Attendance would be taken before each of their classes daily with names read out in this order, a ‘rehearsal of (the institution’s) merit and casteism.’ In this manner, the caste which students had entered law school with remained in spite of their entrance into an elite legal institution. Anoop Kumar also notes the resistance and disbelief expressed by upper-caste students when they are told that caste still exists even in urban spaces and is not only linked to poverty, but also broader systemic oppression.

Historically, upper-castes have controlled the production of knowledge by restricting lower castes’ access to education, which continues today, as seen from the statistics above. ‘Merit’ is considered the sole legitimate marker of ability, when in reality it cannot be distanced from the privilege of one’s birth.

Ever since Justice Balakrishnan retired from the Supreme Court in 2010, no judge belonging to a Scheduled Caste has been appointed to the apex of the judiciary. As of 2016, no High Court in the country had a Chief Justice who belonged to a Scheduled Caste or Scheduled Tribe. As an upper-caste woman, I will never experience caste even if I do become a judge one day, so I cannot speak to the veracity of Justice Karnan’s claims, or to his lived experience. As upper-caste allies, it is our bare minimum duty to listen when someone tells us they experience casteism, not shut them out like everyone has done with Justice Karnan.

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