Darshan Solanki | SabrangIndia News Related to Human Rights Mon, 15 May 2023 10:43:59 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Darshan Solanki | SabrangIndia 32 32 “Highly appalling to see SIT ignoring rank caste discrimination Darshan faced despite overwhelming evidence”: Ramesh Solanki https://sabrangindia.in/highly-appalling-see-sit-ignoring-rank-caste-discrimination-darshan-faced-despite/ Thu, 11 May 2023 10:41:13 +0000 https://sabrangindia.com/article/auto-draft/ Addressing a press conference, family of Darshan Solanki express anguish over the course of the investigation being conducted by the SIT, term it “highly suspicious”

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On May 11, three months after the death of Darshan Solanki, a first-year B.Tech (Chemical) student at IIT Bombay who had died by suicide on February 12, 2023 due to facing alleged “severe caste discrimination” at the Institute, his father, Ramesh Bhai Solanki addressed a press conference at the Mumbai Press Club. At said conference was also attended by his daughter and Darshan’s sister Janvi Solanki and Former Member of Parliament Dr Bhalchandra Mungekar.

During the conference, Darshan’s father narrated the difficulties they have had to face since the death of his son, to get the case registered, to get the investigation started, and then to have the Special Investigation Team (SIT) formed. He also spoke about how, even after the investigation started, the caste discrimination angle was not given much attend, and was rather left on the side lines while the focus became the sole student who was being blamed in this case. Ramesh Solanki had termed it to be “highly suspicious” that the SIT in this case had ignored all the testimonies that point to the fact that “Darshan was facing caste discrimination” from his roommate, classmates and other people in the institute and was deeply affected by it.

Providing the chronology, during the conference, Ramesh Solanki said that upon Solanki’s death, the Powai police registered an Accidental Death Report (ADR) instead of an FIR inspite of “evidence of caste discrimination” and started investigation. However, after mounting pressure and demands of the constitution of a Special Investigation Team to investigate the matter, the Maharashtra Government formed a three-member Special Investigation Team (SIT) consisting of Lakhmi Gautam, Joint CP (Crime), Mumbai; Upadhyaya, DCP; Bhosale, ACP, to investigate the case.

Janvi Solanki then provided that in the second week of April, she stumbled upon Darshan’s social media accounts while trying to log into social media and came across Darshan’s chat with an account of “Sam Rajput” on Instagram. As was provided in the press conference, it was through social media only that Janvi got to know that Darshan’s peers had been asking about his rank, his category for admission, and Darshan’s apprehension about another person ‘also’ not liking him.

It is telling of the fact that in Darshan’s experience in IIT-Bombay, people stopped liking him after they learned that he was a reserved category student. It is yet another evidence of caste discrimination he faced in a line of so many that have already been revealed, showing that he was isolated, taunted and ostracized due to his caste,” Dr Mungekar said, as provided by the Mid-day.

Ramesh Solanki expressed his anguish by saying that even after new evidence was provided, in addition to the many submitted testimonies regarding the caste discrimination that Darshan faced in IIT-Bombay, the focus of the investigation was never the caste discrimination that Darshan faced. Ramesh Solanki further provided that Darshan even wanted to change his room because of the harassment he faced from his roommate. His peers mocked him for his questions about the know-how of computer, electronic gadgets and other subject matters, he said.

On knowing Darshan’s caste, they ostracized him, reduced their interaction with him, and humiliated him for belonging to the SC category. Darshan had confided to his sister Janvi that when his peers learned that he is from the SC community, they would call him out and say… ‘dalit aaya..dalit aaya’ (look, the Dalit is here) when he would try to join them during group studies or meal hours. His classmate from the SC category has mentioned to the IIT-Bombay internal committee that Darshan was sensitive about his caste and often thought about what others would think about a reserved category student studying in an institute like IIT Bombay,” the family said in a press release after addressing the press conference.

The full press release can be viewed here:

 

Related:

File FIR against Head Counsellor, Ms Hima Anaredy under Atrocities Act: NCST to IIT Mumbai

IIT Mumbai report on Darshan Solanki death, crucial evidence overlooked

How many lives will it take before India acknowledges dominant caste hegemony in educational institutes?

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

Why have India’s elite institutions sounded the death knell for Dalit Adivasi-Muslim scholars?

IITs unable to create safe spaces for students

MP: Dalit boy dies by suicide, blames teacher’s casteist remarks

REPLUG: Rohith Vemula, Your Sacrifice was Not in Vain

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File FIR against Head Counsellor, Ms Hima Anaredy under Atrocities Act: NCST to IIT Mumbai https://sabrangindia.in/file-fir-against-head-counsellor-ms-hima-anaredy-under-atrocities-act-ncst-iit-mumbai/ Sat, 25 Mar 2023 03:49:48 +0000 http://localhost/sabrangv4/2023/03/25/file-fir-against-head-counsellor-ms-hima-anaredy-under-atrocities-act-ncst-iit-mumbai/ The NCST pulls up IIT-Bombay for its insensitivity, absence of adequate mechanisms or response and also directs implementation of measures to tackle lack of accountability towards Dalit students

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Darshan Solanki

The National Commsision for Scheduled Tribes (NCST) has warned the IIT Mumbai and directed that it needs to sensitise itself about discrimination against Scheduled Caste students (Dalits), ensure their representation in students organisations, faculty formations and among counsellors with immediate effect. Besides, IIT Mumbai that prides itself on being an “institute of excellence” has been pulled up for an absence of mental health programmes for students.

The NCST orders came on a complaint filed by the Ambedkar Periyar Phile Study Circle (APPSC) which is a student collective which responds to issues impacting students within and outside IITB.

Most significantly, the NCST has directed the filing of an FIR against Ms Hima Anaredy, Head Counsellor, under the under Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also provide the Commission with the detailed investigation report of the suicide case of the 1st year

The Commission had deplored the apathy of IIT-B in its response to the complaint and the fact that it continued to allow Ms Hima Anaredy to hold responsible posts even after it had found her to be casteist and insensitive towards tribal and other students.

 

 

The hearing of the Commission took place on March 22, 2023 and a detailed Action Taken Report (ATR) has now been sent to the Institute for implementation and action within 15 days. The complaint had been filed by the student’s complaint on June 16, 2022. Since then, another tragic death by suicide of a student at IIT-B, Darshan Solanki, has taken place.

Directives of NCST to Director, IIT Bombay, Powai, Mumbai in the ATR

i. To register an FIR against Ms Hima Anaredy under Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

ii. To ensure recruitment of expert counsellors with an ST background in Student Welfare Centre to encourage and repose the faith of ST students and to make mental healthcare facilities more approachable for them.

iii. To ensure that a faculty counsellor with an ST background is available on the campus for the ST students

iv. To appoint a Convener with an ST background in the SC/ST Cell in addition to the existing two conveners of SC and General background

v.  To provide a detailed report with statistics pertaining to the composition of faculties, students and other staff members

vi. To provide a detailed report with statistics pertaining to the composition of the SWC and composition of complaints dealt with by SWC.

vii. To sensitise the campus on the issue of caste-related harassment and conduct conferences and workshops in the first 3-6 months of the commencement of every academic year

viii.  To encourage the SC/ST/OBC students enrolled in Master’s and Doctorate programmes to apply for teaching posts in the institute

ix.  To provide a detailed investigation report of the suicide case of the 1st year student Darshan Solanki

According to the ATR that is available in the public domain, the NCST commission has held that

“The present case relates to apartheid, lack of proper counselling for the SC/ST students of IIT, Bombay. The petitioner allege that IIT Bombay has a Students Welfare Centre (SWC). However, it has no SC/ST Counsellor, the head counsellor Ms Hima Anaredy is brazenly vocal about her casteist and anti-reservation views that make SC/ST students uncomfortable about approaching her and the alumni initiative for mental health services named “Bandhu” lacks caste based mental health services.

“The petitioners through their representation to the Commission demanded termination of head counsellor Ms Hima Anaredy, recruitment of expert counsellors who are trained to handle caste-based issues, recruitment of professional counsellors with SC/ST/OBC background and organisation of compulsory caste sensitization programs and workshops for employees, faculties and students.

“Considering the violation of rights of the tribal students as grave and gigantic in nature, the Commission issued Notice dated November 11, 2022 to the Secretary, Ministry of Education, Government of India and notice dated January 30, 2023 to the Director, IIT Bombay, Powai, Mumbai seeking reply from the concerned officials within 15 days.

“A reply dated February 1.2,2023 was received by the Commission from the Director, IIT

Bombay, Powai, Mumbai stating that the notice dated November 1, 2022 addressed to the Ministry of Education was forwarded to Director, IIT Bombay, wherein it was stated that a number of steps are being taken to help all students. Mandatory sensitization course on caste related issues (especially SC/ST) has been planned by SC/ST student cell, manpower has been recruited and course content is under preparation.

“The Bandhu self-help website, developed by SWC in collaboration with Tata Institute of Social Sciences does not deal with caste related issues. These issues are handled by SC/ST Cell. Relevant information will also be posted on Bandhu website. An interaction Session between SWC Counsellors and Mariwala Health Initiative (external agency) has already begun and is an ongoing process. Training of student mentors on affirmative counselling for marginalized communities including SC/ST Cell has been done by SC/ST Cell with support from Mariwala Health Initiative in July, 2022. The head Counsellor, Ms Hima Anaredy was asked to take down the casteist post on her social media page and warned against the posts in the future. It was submitted that she has been working in SC/ST cell since April 2022 on a joint survey on mental health.

“As a follow up to the letter of Ministry of Education dated December 2.12, 2022, it was submitted by IIT Bombay that the authorities are in the process of recruiting one SC and one ST Student Counsellor from the available roster.

“The Commission found the reply highly unsatisfactory and hence, the Commission issued Summons to the Director, IIT Bombay, Powai Mumbai to appear for a hearing before the Commission on February 22, 2023.

“During the course of hearing, the Commission asked the Petitioners who appeared in person and through video conferencing about the facts of the case as on date. They repeated and re-iterated their earlier submissions and submitted an additional document with supplementary information. They added that a representation was first sent to the Director, IIT Bombay on January 31, 2022. A survey was also conducted in May/June, 2022 by the petitioner to analyse the mental health status of SC/ST students. However, most SC/ST students refused to participate stating they have lost faith in the system, many students stated they were going through extreme stress due to caste based harassment and eight students stated that they felt suicidal. This information was also submitted to the authorities but no action was taken by them.

“It was also submitted that there is no proper System for grievance redressal and information about the same is not available to students. There is a mentorship programme in IIT Bombay but discrimination is also rampant therein. The authorities are flouting the reservation norms and not recruiting SC/ST candidates in the faculty. It all culminated in the suicide of a first year SC student Mr Darshan Solanki on February 12, 2023.

“In response, the authorities submitted that police investigation is under process in the tragic death of Mr Darshan Solanki and the report is awaited. It was submitted that a psychometric test is conducted at the beginning of each year to assess the mental well-being of the students. It was also submitted that another online platform namely “Your Dost” is available for students to address their mental health issues 24X7. They denied flouting reservation norms and stated that their faculty and students have ample representation from the SC/ST community.

“The authorities agreed that prima facie it appears from the social media post and the conduct of the head counsellor Ms Hima Anaredy that she is anti-tribal. It was submitted that she continues to work in IIT Bombay however, she has been removed from SWC.

“The commission takes a very serious view of the reply which has been found to be incorrect during the course of the sitting. It has been categorically accepted by the Director that the averment made in the reply is incorrect so far as it is concerned with the involvement and research work of Ms Hima Anaredy in the SC/ST Cell.

It is to be seen now, how one of India’s premier and much applauded institutes of higher learning responds to this sharp rebuke from the NCST Commission and whether some measure of accountability will ensure the security, safety and well-being of all Indian students.

The NCST’s ATR to IITB may be read here:

 

Related:

IIT Mumbai report on Darshan Solanki death, crucial evidence overlooked

How many lives will it take before India acknowledges dominant caste hegemony in educational institutes?

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

Why have India’s elite institutions sounded the death knell for Dalit Adivasi-Muslim scholars?

IITs unable to create safe spaces for students

MP: Dalit boy dies by suicide, blames teacher’s casteist remarks

REPLUG: Rohith Vemula, Your Sacrifice was Not in Vain

 

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Crucial evidence overlooked by IIT Committee, internal survey by SC/ST Cell contradicts report findings https://sabrangindia.in/crucial-evidence-overlooked-iit-committee-internal-survey-scst-cell-contradicts-report/ Wed, 15 Mar 2023 07:38:28 +0000 http://localhost/sabrangv4/2023/03/15/crucial-evidence-overlooked-iit-committee-internal-survey-scst-cell-contradicts-report/ Three witnesses directly contradict the findings of the “Internal Committee” that concluded in its report that it did not find any direct evidence of discrimination against Solanki”; these witnesses deposed that his peers were unwilling to speak to him after coming to know his JEE score; besides internal surveys accessed by The MookNayak show how discrimination is in fact a lived reality

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IIT Bombay

The month-long outrage over the suicide (read institutional murder) of Dalit student on the IIT campus, a “leaked” survey report has recently surfaced and is circulating. This 12 member committee set up by the IIT Director concludes that the death had more to do with the student’s marks rather than systemic discrimination as has been otherwise noticed and evidenced. Hence, following the suicide of Darshan Solanki, a Dalit student, an internal committee was formed, which ruled out any caste-based discrimination and instead cited “academic stress” as the reason for the pressure.

This report was deplored by academics, students, and civil library organisations. Before the controversy over the committee’s findings could die down, some survey reports conducted on campus prior to Solanki’s death have surfaced, demonstrating the existence of caste-based discrimination on the campus. These reports give weight to the theory of “caste discrimination in the campus.”

Caste Discrimination attributed to adverse mental health conditions

Details of the internal survey conducted by the SC/ST cell of IIT-Bombay in February and June of 2022 have been accessed by sections of the media but have not yet been made public. The survey has identified “caste discrimination” as the primary reason for the mental health issues faced by SC/ST students. The survey, in which 388 SC/ST students participated, also revealed other shocking findings:

  • One-third of the 388 SC/ST students did not feel comfortable openly discussing their caste identity on campus

  • Another 131 students (33.8%) said they could talk about their caste only among “Very close “friends

  • 83 (21.6.%) students responded in affirmative when asked about the fear of backlash from faculty and students should they talk about caste discrimination.

  • 134 respondents, almost half (48.1%) said that either the SC/ST student cell or the Students Wellness Centre (SWC) could approach them. However, 22.2% had skepticism with both, indicating a distrust with the institute’s bodies. In fact, some students who did not fill the comment box said that the survey mentioned the name of SWC (Students Wellness Centre) and they felt SWC was biased against them.

  • More than one-fourth i.e., 26 % of the people felt that people on campus asked them their surnames with the intention of knowing their castes.

  • 37.1 percent of the surveyed students revealed that they were asked about their entrance exam scores after knowing their caste identities.

(The MookNayak accessed these reports)

Internal Committee report whitewashing the caste discrimination

Following this, in an interview with The MookNayak, a PhD scholar, who wished to remain anonymous, stated that “the IIT internal committee report is attempting to downplay caste discrimination under the guise of academic stress. Discrimination cases similar to that of Darshan Solanki exist. There have been three surveys and one open house meeting, and based on this data set, we can conclude that at least 100 students have reported facing discrimination. The administration is ignoring this evidence by citing academic stress.

In the meantime, the APPSC, a student body on the IIT Bombay campus, has used the survey findings to criticise the administration through a series of tweets. “They have been aware of the survey results for more than a year. Despite this knowledge, they had the nerve to claim that there is no caste discrimination on campus. No measures were taken to assist the students. No mandate was issued for the SC/ST cell.

The findings of the survey conducted by the SC/ST cell at IIT Mumbai cannot be easily dismissed, as the cell falls under the jurisdiction of the administration. Furthermore, the “caste discrimination” narrative of anti-caste activists and students has been reinforced by the findings of this survey. If the administration were to, in all fairness, will consider the SC/ST cell survey’s results, the issue of caste stigma attached to one of the country’s premier institutes would indeed come out of the closet.

Internal depositions accessed by the media

Meanwhile, The Wire has accessed some depositions made before the Internal Committee that are shocking.

“By the age of 18, don’t you think Darshan Solanki would have known the realities of caste?” was one of the first questions that a PhD scholar at IIT Bombay was made to confront when he deposed before the 12-member committee set up to inquire into the ghastly death of the 18-year-old BTech student at the premiere institute. Taken aback, yet clear that the response needed to be comprehensive, the scholar responded by saying to the committee that there is a difference between knowing one’s caste and knowing how to deal with the toxic nature of casteist discrimination. The humanities student had deposed in the capacity of a scholar and an anti-caste activist studying caste from close quarters.

One more PhD scholar, again a student of humanities and also working as a mentor to many students from Dalit and Adivasi communities, was abruptly interrupted and prevented from finishing his deposition before the controversial Committee. This scholar did not want to miss the chance of putting his views before the committee, however, and finally submitted an elaborate written deposition.

“My intent to share narratives and experiences of SC and ST students was to make the committee aware of the extreme hostility that students face on campus. But after a 40-minute deposition, the committee told me they will call me another day for deposition. That never happened,” he said. The PhD scholar, in his written submission, mentions that several students he mentored had approached him from time to time, hoping to raise complaints of caste discrimination they were subjected to on campus. But the campus failed to provide any redressal mechanism. (The Wire)

The 12-member committee, headed by professor Nand Kishore, submitted its interim report last week and has actually that Solanki’s “poor academic performance” and “aloofness” could have led him taking his own life, controversially concluding that there was no evidence of caste discrimination. It now appears clear that the committee chose to overlook crucial depositions in which individuals and student organisations tried hard to bring the committee’s attention to caste-based discrimination, a sense of alienation among students from marginalised communities and the toxic state of affairs that exists in the Mumbai campus.

The report of the Committee may be read here.

CJP’s review of ant-discriminatory statutory guidelines

The obduracy of Indian institutes of higher learning to put into practice thorough statutory guidelines that need to be implemented on campus have been analysed and flagged in the organisation’s ongoing campaign against discrimination to the most marginalized.

In this legal and community resource, CJP has flagged the All-India Survey of Higher Education in 2019-2020, that reveals that students from among the Scheduled Castes (SCs) constitute only 14.7% and those from Scheduled Tribes (STs) 5.6% of all enrolments in higher education. The gross enrolment ratio in higher education [2] for SC students is 23.4% and that for ST students is 18.0%; where the national average in India is 27.1%. This resource also demonstrated how educational institutions, especially institutions of higher learning, have been consistently identified as sites of caste-based discrimination and violence

History of Caste Discrimination in Higher Institutions: 2007 Thorat Committee Report

In 2007, the then prime-minister Manmohan Singh had set up the Thorat Committee following grave and widespread allegations of differential treatment and discrimination against students belonging to Dalit and Adivasi communities. This decision had come after the Dalit and Adivasi students complained of direct and subtle forms of discrimination that were painstakingly documented by the Committee. 

The committee was headed by professor SK Thorat (chairperson), and consisted of Dr. K.M. Shyamprasadand Dr. R.K. Srivastava as members. It was set up with the objective of “enquiring into allegations of differential treatment of SC/ST students in the All-India Institute of Medical Sciences (AIMMS).”

In the 77 pages report, it was revealed that 76% of the students were asked about their caste directly or indirectly during evaluations, while 84% of the students claimed that their grades were affected owing to their caste. The report had further provided that students belonging to the marginalised communities were forced to live in isolation in hostel rooms, faced discrimination in the mess (where students ate their food), faced abuse and violence by dominant castes and external examiners that were invited for the viva (oral interviews) of SC/ST students. The report had also provided that SC/ST students experienced discrimination in various forms, from avoidance, contempt, non- cooperation, and discouragement and differential treatment by teachers towards these students.

A deeper analysis of the report can be read here.

Sixteen years have since this report was passed but the situation is only gotten worse. In 2019, while speaking the New India Express, Professor Sukhdeo Thorat had said that “Nearly 25-30 students in top educational institutes have died in the last decade or so but the subsequent governments have failed to take any concrete policy decision to end caste discrimination in educational institutes.”

While the University Grants Commission (UGC) has attempted to implement a slew of members to tackle, up front this malaise, our analysis shows that –with the refusal of such institutions to even acknowledge that such discrimination exists, these measures remain, tragically on paper.

 

Related:

How many lives will it take before India acknowledges dominant caste hegemony in educational institutes?

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

Why have India’s elite institutions sounded the death knell for Dalit Adivasi-Muslim scholars?

IITs unable to create safe spaces for students

MP: Dalit boy dies by suicide, blames teacher’s casteist remarks

REPLUG: Rohith Vemula, Your Sacrifice was Not in Vain

Student groups clash in Lucknow University on Rohith Vemula’s death anniversary

The Present Regime has Perfected Attacks on Dalit and Adivasi Scholars: Paul Divakar

Tribal medico ends life; faced harassment, ragging from senior

IIT-Bombay grilled on counsellor posting: NCST 

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

 

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How long will Dalits and Adivasis students succumb to violent caste discrimination before effective measures are created? https://sabrangindia.in/how-long-will-dalits-and-adivasis-students-succumb-violent-caste-discrimination-effective/ Thu, 09 Mar 2023 03:30:32 +0000 http://localhost/sabrangv4/2023/03/09/how-long-will-dalits-and-adivasis-students-succumb-violent-caste-discrimination-effective/ In this legal resource, CJP examines the failing guidelines put in place at educational institutions and the continuing culture of caste-based discrimination

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Dalit Students
Illustration: Pariplab Chakraborty

“Please give us poison at the time of admission itself instead of humiliating us like this” 
– Late Rohith Vemula in a letter to Vice Chancellor Appa Rao a month before he took his own life

 

On February 26, the Chief Justice of India, D Y Chandrachud, addressed the issue of ostracisation and harassment that a student belonging to the Dalit or Adivasi community faces in top institutions of India. He was speaking at the National Academy of Legal Studies. He said that he was disturbed by incidents of students from marginalised communities taking their lives in top institutions, and that there was a pattern in Dalit and Adivasi students dying by suicide that needs to be questioned.

The CJI had further said that the time had come to have a model of education that had empathy at its core rather than excellence. Talking about the suicides of a Dalit student at IIT Bombay, Darshan Solanki, and a tribal student at PG Anaesthesia in Kakatiya Medical College, he had said that these numbers are not just statistics, these are stories that embody centuries old struggles. The first step, he pointed out, is to acknowledge and recognise the problem.

This is neither the first time that a student belonging to the Dalit or Adivasi community has committed suicide due to systematic callousness failures, nor the first time that words of anguish over such an act have been uttered.

Educational institutions, especially institutions of higher learning, have been consistently identified as sites of caste-based discrimination and violence.[1]According to the report by the All India Survey of Higher Education in 2019-2020, students from among the Scheduled Castes (SCs) constitute only 14.7% and those from Scheduled Tribes (STs) 5.6% of all enrolments in higher education.[2] The gross enrolment ratio in higher education for SC students is 23.4% and that for ST students is 18.0%; where the national average in India is 27.1%.

Even though the Indian Constitution contains numerous safeguards and provisions for the protection of people belonging to marginalised communities, Dalits and Adivasis have continued to face discrimination and exclusion within universities and such higher learning institutes. The Constitution of India contains provisions promoting the rights and interests of the Scheduled Caste (SC) and Scheduled Tribes (ST), in the form of both Fundamental Rights and Directive Principles for State Policies (DPSP). In addition to this, the Indian Penal Code (IPC) contains sections that provide punishments for those who commit crimes against the SC/ST community. Special laws have been passed, such as the Protection of Civil Rights Act of 1955 and the SC/ST (Prevention of Atrocities) Act of 1989 (amended in 2015), both of which prescribe harsher punishments for crimes against Dalits than the IPC. Special courts have been established in major states to expedite the trial of cases registered solely under these Acts. The SC and ST (Prevention of Atrocities) Amendment Act, which was passed by Parliament in December 2015, made several critical changes. New offenses are added to the list. Among them are prohibitions on Dalits using common property resources, entering places of public worship, and entering educational institutions.

While these laws remain largely on paper, the reality is chilling. Dalit students face discrimination from the inception of their academic careers. While discrimination might be more visible at the university level than it is in primary schools, this, however begins these and happens on a daily basis. Students from Dalit communities who strive to enter the competitive educational system are squeezed out by systemic (and often, violent) caste-based discrimination. Daily caste prejudice that they then experience, drives some of the most exploited to commit suicide. Time and again these issues have been brought to the forefront, typically after a young person belonging to the Dalit or Adivasi community loses her or his life.

This struggle against institutional casteism is not new, and the existing constitutional and legal legislations, stated-above, have not been successful in fully protecting either Dalit and Adivasi students. Caste is embedded in the social and cultural construct of our universities. It is not simply just a law-and-order issue. There is a popular and commonly held misconception that universities are caste-neutral. Casteism in fact is structural and rooted however, manifest in how the institute itself, department heads, institution heads, or management conduct themselves and respond. Especially when it comes to the specific othering and discrimination faced by students from these sections Typically, the determinants of caste can be read through language, the “command over English”, submissiveness, articulation, mode of dress, and colour of the complexion. While most students overlook individual bigotry, others are driven to the brink by systemic ridicule. Most non-Dalits regard those belonging to the marginalised communities as sub-humans, and frequently verbally abuse, demean, and ostracise them.

Through this legal resource, we are going to scrutinise the guidelines and safeguards that have been put in place to protect and support the Dalit and Adivasi students, and analyse whether these guidelines have been at all successful in doing so.

History of Caste Discrimination in Higher Institutions: 2007 Thorat Committee Report

In 2007, the then prime-minister Manmohan Singh had set up the Thorat Committee following grave and widespread allegations of differential treatment and discrimination against students belonging to Dalit and Adivasi communities. This decision had come after the Dalit and Adivasi students complained of direct and subtle forms of discrimination that were painstakingly documented by the Committee.

The committee was headed by professor SK Thorat (chairperson), and consisted of Dr. K.M. Shyamprasadand Dr. R.K. Srivastava as members. It was set up with the objective of “enquiring into allegations of differential treatment of SC/ST students in the All-India Institute of Medical Sciences (AIMMS).”

In the 77 pages report, it was revealed that 76% of the students were asked about their caste directly or indirectly during evaluations, while 84% of the students claimed that their grades were affected owing to their caste. The report had further provided that students belonging to the marginalised communities were forced to live in isolation in hostel rooms, faced discrimination in the mess (where students ate their food), faced abuse and violence by dominant castes and external examiners that were invited for the viva (oral interviews) of SC/ST students. The report had also provided that SC/ST students experienced discrimination in various forms, from avoidance, contempt, non- cooperation, and discouragement and differential treatment by teachers towards these students.

A deeper analysis of the report can be read here.

Sixteen years have since this report was passed but the situation is only gotten worse. In 2019, while speaking the New India Express, Professor Sukhdeo Thorat had said that “Nearly 25-30 students in top educational institutes have died in the last decade or so but the subsequent governments have failed to take any concrete policy decision to end caste discrimination in educational institutes.”

Initiatives to prevent discrimination in Higher Education by the UGC

  • In order to check discrimination and harassment of any section of students and to strengthen the grievance redressal mechanism, the University Grants Commission (Grievance Redressal) Regulations, 2012 has been formulated. These regulations had intended to give effect in letter and spirit to the provisions of the Constitution and other statutory provisions and policies for prevention of discrimination on the grounds of caste and to safeguards the interests of the students belonging to the Scheduled Castes and Scheduled Tribes. The regulations also sought to provide for advancement of Scheduled Caste and Scheduled Tribe students through setting up of Equal Opportunity Cells in each Higher Educational Institution.

  • The UGC had also approved the establishment of SC/ST Cells in various Universities with a view to safeguard the interests of SC/ST students.

  • In order to make the universities/colleges more responsive to the needs and constraints of the disadvantaged social groups, the UGC is giving financial assistance to all eligible Colleges/Universities to establish Equal Opportunity Centres. The aim and objective of this Scheme is to oversee the effective implementation of policies and programmes for disadvantaged groups, to provide guidance and counselling with respect to academic, financial, social and other matters and to enhance the diversity within the campus.

  • Other initiatives included provisions of Anti Discriminatory faculty advisors for SC/ST students who look into their problems and advise accordingly, appointment of Student Counsellors to address personal, academic, psychological and family related problems, providing sports and extra-curricular activities, setting up counselling centres, provision of anxiety helpline, and setting up disciplinary action committee to take urgent action in case of any complaints of reported ragging, discrimination based on caste, creed, religion and gender etc.[3]

As had been provided by the Union Minister for Human Resource Development, Dr. Ramesh Pokhriyal ‘Nishank’ in a written reply in the Lok Sabha in the year 2019, the UGC has issued several instructions from time to time to all State Governments and Centrally Funded Education Institutions to curb discrimination of any kind in Higher Education Institutions (HEIs)/Universities. 

In June 2019, UGC had advised all the Vice-Chancellor of all Universities to constitute a committee to look into the discrimination complaints received from the SC/ST/OBC Students/Teachers and non-teaching staff.[4]

In September 2020, had issued an advisory against caste-based discrimination in higher education institutions. It had asked institutions to look into such cases seriously to avoid discrimination against students from the historically marginalised Scheduled Castes and Scheduled Tribes (SC and ST) on grounds of their backgrounds.[5]

The UGC has issued a notice stating that the officials and faculty members of educational institutions should “desist from any act of discrimination against SC/ST students on grounds of their social origin”.

It had also urged the institutions to create a page on their website for lodging such complaints by SC, ST students and also place a complaint register in the registrar or principal office for the purpose. 

In February 2021, the UGC had asked all the higher educational institutions to ensure that no official and faculty members indulge in any form of caste discrimination against Schedule Caste (SC) and Schedule Tribe (ST) students. The Commission had also directed the institutions to develop a page on their website for lodging complaints of caste discrimination and to ensure prompt action against erring official and faculty members, re-iterating the direction they had issued in the previous year’s advisory note too. [6]

Furthermore, the UGC also sought the constitution of a committee to look into discrimination complaints received from the SC/ST/OBC students and teachers and non-teaching staff. It added that faculty members and officials of colleges/universities must be advised to be more sensitive while dealing with incidents of caste discrimination.

The circular is as follows:

Norms framed by AICTE to prohibit discriminatory incidents in technical institutions:

  1. For protection against harassment and discrimination of Scheduled Castes in AICTE Approved Institutions, it is essential for all AICTE approved institutions to Establish Committee for SC/ ST (As per the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, No. 33 of 1989, dated 11.09.1989).

  2. As per AICTE norms each (AICTE approved) Institution shall upload the number of complaints and grievances received and action taken on their Web site and update AICTB through the monthly online status report.

  3. In case of receipt of any complaint(s) about an Institution, the same shall be processed by Public Grievance Redressal Cell (PGRC) of AICTE established to dispose of the complaint cases.

  4. AICTE takes action against such institutions (AICTE Approved) for violation of AICTE norms as mentioned in Chapter VII of the Approval Process Handbook (APH) of year concerned and punishes them as appropriate.[7]

Are these Special Cells in Higher University actually working?

The Case of Indian Institute of Technology

According to Ministry of Education data, the IITs recorded 34 suicides from 2014 to 2021, with 18 from the SC and OBC communities losing their life.[8] Dalit rights activist Anoop Kumar had stated in the 2011 documentary named ‘Death of Merit’ that a significant portion of those who committed suicide in the IITs between 2007 and 2011 were Dalits. [9]

A survey cited in the Economic & Political Weekly investigated how caste influenced students’ perceptions at IIT-Banaras Hindu University. Thirteen percent of students in the SC/ST category reported that their teachers’ attitudes toward them were hostile.[10]When asked about the perceived academic ability of students in the SC/ST category, 61 percent of the respondents in the general category felt that it was ‘less than others’. In comparison, 46 percent of SC/ST category students also thought it was ‘less than others’. [11]

In the year 2020, a panel of IIT directors and some government officials had submitted a report to the Ministry of Education suggesting that IITs should be exempted from reservation in appointments as they are ‘institutes of national importance’.[12]  They had further said that to preserve the ‘higher merit’ of these institutions, reservation policy shall be barred.  In a subtle way, this report had argued that candidates chosen through the reservation policy are unqualified, and thus may jeopardise the ‘efficiency’ criterion.

According to the testimony given by the Ambedkar Periyar Phule Study Circle (APPSC) of IIT Bombay, it was a long struggle to get the IIT institutes to establish a SC/ST cell in the IITs. A struggle which had begun in September 2014, after Aniket Ambhore, a 22 year old fourth year B. Tech student of IIT Bombay, died from falling from a hostel building on the campus at IIT Bombay.[13]As per their narrative, it was due to their consistent struggles that a special cell was established in IITs. It took them 7 years to set up the SC/ST Cell on the campus. These SC/ST Students Cell are supposed to addresses academic and non-academic issues and complaints received from students belonging to the SC and ST birth categories, which could be scholarship issues, opportunity issues or any other guidance.

But the struggle had only just officially started. Even though many IITs have counselling and mental health services, they are only designed to meet the needs of Savarna (upper caste) students. Furthermore, these counsellors are not trained to understand the social realities of caste that affect students from SC/ST communities, making them ineffective in providing support and, at times, exacerbating students’ problems. Furthermore, IITs do not hire Dalit Bahujan Adivasi (DBA) mental health experts as counsellors, exacerbating the situation.

In 2022, the APPSC had complained to the National Commission for Scheduled Tribes (NCST) that the head counsellor at the Student Wellness Centre (SWC) on the Mumbai campus had signed a public petition to end caste-based reservation and posted about it on social media.[14] The students highlighted that this revelation significantly discouraged SC/ST students from visiting the SWC.  

The institute, responding to the NCST’s investigation, had said the counsellor had been warned about avoiding any such posts on social media and immediately asked to take down the post in question. It had added that the counsellor continued to work with the SC/ST Cell of the institute and the SWC. 

Pursuant to the latest case of suicide of the 18-year-old Darshan Solanki at IIT Bombay, prompted by the culture of hegemony and institutionalised caste discrimination, the NCST, one year after the filing of the complaint, took charge and asked the IIT-B as to why it had allowed a counsellor with “casteist sentiment” to continue working with the SC/ST Cell on campus. As the NCST panel continues its investigation into complaints of the institute lacking mental health support for SC/ST students, the institute has been defending charges that it was the alleged failure to create safe spaces for marginalised students led to the suicide on February 12. 

Thus, starting from the lack of care shown by the institutes, to the commissions put in place by the union to oversee the complaints filed against atrocities committed against the tribal communities, there is a certain level of indifference as well as failure to take appropriate steps for safeguarding the interest of the SC-ST community.

Other colleges

A perusal of the National Law University’s website shows that NLUs, considered the top colleges for studying law, do not have SC/ST Cells, but have equal opportunity cells. On surface, these cells have a similar description as the SC/ST cells and have been set up to ensure that every student is granted equal opportunity and are not discriminated against. Many other universities, such as the Delhi University, Punjab University, Mumbai University, etc. had a page on their website showing SC/ST Cells or Equal opportunity cells. The question that arises now is: if these cells are in place, in accordance to the UGC guidelines, then why are the students belonging to the SC/ST community still facing discrimination and humiliation, to the point that they are pushed to take their own lives?

A closer examination on the complaints registered by these cells and the quality of response needs an independent assessment and scrutiny.

Why are these guidelines not working?

The very composition of the SC/ST Cells creates a roadblock, It has been found that in the current structure, the SC/ST cells are being constituted with members belonging to the dominant castes, which decreases both the legitimacy and trust of the DBA students towards this corrective mechanism. As a result of this, people with only a superficial understanding of caste hegemony in education and academia are suddenly given the power to solve such issues that they are themselves responsible for, directly or indirectly, without having received any stringent educational sessions for the same. In fact for most persons from the dominant castes, systemic caste discrimination is barely superficially understood. This ends up creating a void, instead of a safe space for the students. It is essential to ensure that such safe spaces are actually created where one can question the structures rooted in ensuring that Dalit-Bahujan students experiencing a sense of isolation and otherness. It is equally critical to ensure independent and consistent monitoring of their functioning.

Additionally, it is crucial to note that these cells, both SC-ST Cells and Equal Opportunity Cells, are only advisory in nature. Hence, if a person belonging to the marginalised community is facing any type of discrimination, these cells do not have any power to take any punitive action. Furthermore, if the recommendations given by the aforementioned cells are not implemented or abided by, there is no mechanism or procedure to ensure compliance with recommendations. All these lacunae create a dependency of the SCST cell. The anti-ragging committees are again bodies which have largely only dominant caste members; most of the time these are not interested in taking any action over issues concerning students from marginalised communities. A major factor behind the inefficacy of the SC-ST cells is their composition, jurisdiction and lack of power.

Finally, even after having realised the criticality of having mental health counsellors for marginalised communities, SC-ST cells have no mandate to appoint such counselors from within these depressed communities (SC-ST). Only such sensitivity and diversity can help the students –through their time at university – to navigate a semi-hostile environment that privileges the elite.

Conclusion

In the case of BK Pavitra and others vs Union of India and others, Justice Chandrachud has observed that “The Constitution is a transformative document. The realisation of its transformative potential rests ultimately in its ability to breathe life and meaning into its abstract concepts. For, above all, the Constitution was intended by its draftspersons to be a significant instrument of bringing about social change in a caste-based feudal society witnessed by centuries of oppression of and discrimination against the marginalised.”

Whenever cases of suicides by students belonging to the Dalit and Adivasis community have been reported, many judges and top functionaries touch upon the topic of discrimination faced by the marginalised communities in educational institutions. Why then are no concrete changes brought in? In higher institutes, anti-ragging policies are put in place, but the same are just lip-service attempts by the authorities. It is worrisome to see that even after being aware about the caste prejudices that exist in our society and the way casteism works, educational institutes have refused to adopt special safeguards towards ensuring that students from the SC/ST community do not face any bias. It is a question of acknowledgement of deep rooted and structural discrimination by and through caste.

In institutions of higher education, caste-based violence and discrimination continues to be rampant due to the upper-class dominant-caste heteronormative structures in place. Barely a day had passed since the death of Darshan Solanki, even as people were protesting his death, Dharawath Preethi, a tribal student of PG Anaesthesia in Kakatiya Medical College (KMC), Hyderabad died by suicide allegedly due to harassment by a senior student. Previous instances of violence perpetuated by both classmates and teachers has led to instances of violence, which in extreme cases has led to students committing suicide, as was in the cases of RohithVemulaMuthukrishnanJeevantham and PayalTadvi.

All of these institutional murders were a result of the failure of the system to acknowledge the existing societal iniquitous structures. PayalTadvi was constantly humiliated and discriminated against by her peers because of her caste background. The above-mentioned Professor Thorat’s committee report, which had presented the findings of bias on the AIIMS campus much before her, had highlighted that those students had felt discriminated against because of their caste background and had been ostracised by teachers and professors for it. However, instead of acknowledging the report’s findings and implementing the recommendations, the institution dismissed the report. The recommendations have yet to be put into action.

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

The Rohith movement had begun with people demanding legislation to combat the dominant caste’s naturally discriminatory system of hegemony, in which the marginalised sections are regarded as malfunctioning, unworthy of belonging within dominant caste spaces. If India wants to correct this malaise, this poison of systemic discrimination, if we want to prevent more Vemulas and Solankis succumbing to the existing casteist structure, we have to also think outside the n the framework of the system.

Education is frequently referred to as the “magic bullet” for progress. It through acquiring education that the marginalised communities can be empowered, and the gaps between the classes –dominant and marginalized– can be decreased. However, as long as caste-based discrimination exists in educational institutions, this magic bullet will be ineffective. Several structural changes must be made in order for education to fully realise its transformative and liberating potential.

Education institutions must commit to “undoing the idea of merit as a random consequence of individual ability” in order to be inclusive. Staff and faculty must recognise that their social position influences their ability. Students and teachers should be made to acknowledge that centuries old Brahmanical hegemony continues to shape our perception of capability, and that it has more to do with denying communities opportunities for advancement than with individual talent.

Until there is a profound acknowledgement of this structural bias, it is crucial that existing legislations are put into active force and stricter guidelines are given to the universities to abide by for ensuring that no individual is discriminated against. The current mandates fall miserably short. Those commanding both acknowledgement and implementation are from the dominant castes and communities, ill-understanding the experiential realities of a person belonging to a caste minority.

Genuine equity, dignity within a democracy requires a somber understanding of the shadows and silences behind the obvious hurdles. For our young from among the Scheduled Castes and Tribes to feel empowered within institutes of higher learning, it is they and their representatives who must be in charge and control of spaces that make this happen.


[11] supra

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Mumbai Dharna for Darshan Solanki makes calls for law against caste discrimination https://sabrangindia.in/mumbai-dharna-darshan-solanki-makes-calls-law-against-caste-discrimination/ Mon, 06 Mar 2023 07:45:09 +0000 http://localhost/sabrangv4/2023/03/06/mumbai-dharna-darshan-solanki-makes-calls-law-against-caste-discrimination/ From conspicuous postmortem to claims of caste discrimination, Darshan’s family, present at the protest, demand answers from the IIT-B authorities

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Protest

On March 4, a protest was organised against the institutional murder of Darshan Solanki, a 19-year-old Dalit student studying at IIT Bombay, who had died by jumping from the 7th floor of a hostel. Former Rajya Sabha MP and educationist Bhalchandra Mungekar had called for the said protest at Azad Maidan on Saturday. Darshan’s family, including father, mother, sister and other 25 relatives, had come to Mumbai, and were joined by various organisations, students and activists at the protest. The Ambedkar Periyar Phule Study Circle from IIT Bombay was also present at the protest.

The family of the deceased have been alleging that Darshan faced caste-based discrimination at IIT Bombay, which pushed him to take the extreme step. MP Bhalchandra Mungekar said that conflicting claims have been made about the 18-year-old student’s postmortem examination, strengthening the suspicions raised by his family. Thus, the protest was organised to seek formulation of a bill be brought in the state legislature or an ordinance be issued to prevent alleged caste-based discrimination in institutes of higher studies.

At the protest, Darshan’s father Rameshbhai Solanki demanded an answer from the IIT-B administration and said, “On February 12, at exactly 12.30 pm, I got a call from Darshan. He was very happy. The exam went well. He was planning to call all his relatives on February 14. And around 1 am, Darshan died. At 2.30 pm, I received a call from the institute informing me about his accident. No one is giving me an answer as to what exactly happened in these 30 minutes. Will anyone answer me?”, as was reported by the Indian Express.

Darshan’s father then highlighted the way in which the postmortem of Darshan was conducted, “We could not see Darshan the day he died because we were told that the mortuary was closed. The postmortem was going to be conducted post our approval. But when we reached the hospital, it was already over. We were told not to touch the body. If my son has fallen from as high as the seventh floor, why did he have only one injury on the head?”

Remembering his son, a teary-eyed Rameshbhai then said, “Darshan was brilliant from a young age. Living on daily wages, we didn’t even know what IIT was. But he found out about it on the internet and he was determined to get into it. He could not clear in his first attempt, so he dropped a year. He fulfilled his dream of taking the entrance exam again. But we didn’t think his dream would take such a turn,” as was reported by media reports.

Janhvi Solanki, Darshan’s sister, shared that sometime before dying, Darshan had told her that the other students were not helping him. “Darshan told me that there was caste discrimination in IIT, but we didn’t pay much attention to it,” she added, as was published by the Indian Express.

Protest

Rameshbhai then demanded that the incident be investigated by a scheduled caste officer rather than the Powai Police Station’s current officers. “Despite the fact that the Maharashtra and Gujarat governments are cooperating with us, we have not received even a single courtesy call from the IIT administration,” his father claimed.

During the agitation, the Vice-Chancellor of the University of Mumbai, Bhalchandra Mungekar, addressed the need to formulate a new legislation to deal with the existing culture of caste bias in colleges and educational institutes, in order to prevent such cases of institutional murder from happening again. Darshan Solanki’s suicide at IIT Bombay has raised concerns about the mistreatment and bias faced by the SC/ST students as well as the efficiency of the IIT management. He stated that “All organisations have come together to demand the implementation of the Prevention of Caste-Based Discrimination Bill in all higher educational institutions of Maharashtra, including IIT-B, to set up an effective mechanism to destroy cattiness mentality in higher educational institutions, to effectively implement the anti-ragging law, to destroy religious discrimination,” as was reported by the Hindustan Times.

Meanwhile, considering the seriousness of the case, a Crime Branch SIT has been formed for investigating this case, NDTV reported. Mungekar said, “Due to our demand, on the direction of the Union Government, the Maharashtra government has formed a Special Investigation Team (SIT) to investigate the alleged suicide. We have met the SIT members and explained our views.”

Mungekar further said that he himself, along with former MP Husain Dalwai, and one of the organisers, Ramesh Kamble, had met with members of the SIT in this case and explained their positions, suspicions and demands.

Parents of Aniket Ambhore, an IIT Bombay BTech student who died by suicide in 2014, had also joined the protest. Aniket’s father, Sanjay Ambhore, addressed the crowd, saying, “I know the IIT Bombay internal committee report will only state that Darshan was unable to cope with the pressures of studies. The administration will never accept that caste discrimination exists on campus.”

Darshan solanki’s suicide has called to attention the need for developing and implementing such a mechanism that paves the way towards ending caste-based “discriminatory mentality”, and the culture of otherization against Dalits.

 

Related:

Tribal medico ends life; faced harassment, ragging from senior

IIT-Bombay grilled on counsellor posting: NCST 

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

IITs unable to create safe spaces for students

Student groups clash in Lucknow University on Rohith Vemula’s death anniversary

If IITs Had More Dalit Professors, Would Aniket Ambhore Be Alive?

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