Social Justice | SabrangIndia News Related to Human Rights Fri, 24 Oct 2025 04:49:20 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Social Justice | SabrangIndia 32 32 Breaking patriarchal cycles through cycling: Revisiting the Story of Women in Pudukkottai, Tamil Nadu https://sabrangindia.in/breaking-patriarchal-cycles-through-cycling-revisiting-the-story-of-women-in-pudukkottai-tamil-nadu/ Fri, 24 Oct 2025 04:48:30 +0000 https://sabrangindia.in/?p=44057 Strange are the ways that people find to make life better and battle adversities. Often, every person in every society camouflages multiple layers that might be impervious to others but have played a role in improving their station. Such is the story of the women of Pudukkottai who advanced beyond their confines. Reading P. Sainath’s article, […]

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Strange are the ways that people find to make life better and battle adversities. Often, every person in every society camouflages multiple layers that might be impervious to others but have played a role in improving their station. Such is the story of the women of Pudukkottai who advanced beyond their confines.

Reading P. Sainath’s article, “Where there is a wheel” in the book “Everybody loves a good drought”, which narrated how the women of Pudukkottai were trying to cycle their way to personal independence, I felt a compelling urge to learn about the present condition of that place and its women. That’s why I headed to Pudukkottai, nearly 25 years after the master of rural reporting in India did so.

This is what Sainath had written about the cycling movement in Pudukkottai: “Cycling as a social movement? Sounds far-fetched. Perhaps. But not all that far -– not to tens of thousands of neo-literate rural women in Pudukkottai district of Tamil Nadu. People find ways, sometimes curious ones, of hitting out at their backwardness, of expressing defiance, of hammering at the fetters that hold them.”

He has also discussed how young Muslim women from conservative backgrounds enlisted themselves to learn cycling. In the heart of rural Pudukkottai, young Muslim women from highly conservative backgrounds zip along the roads on their bicycles. Some seem to have abandoned the veil for the wheel. Jameela Bibi told the journalist: “It’s my right. We can go anywhere. Now I don’t have to wait for a bus. I know people made dirty remarks when I started cycling, but I paid no attention.”

It was the then collector, Sheela Rani Chunkath, who had hit upon the idea to reinvent “the wheel” for the women of Pudukkottai. Cycling fever gripped the land through a literacy programme called Arivoli Iyakkam (Light of Knowledge Movement). “Cycling has swept across this district. Women agricultural workers, quarry labourers and village health nurses are among its fans. Joining the rush are balwadi and anganwadi workers, gem-cutters and school teachers. And gram sevikas and mid-day meal workers are not far behind. The vast majority are those who have just become literate. The district’s vigorous literacy drive, led by Arivoli Iyakkam, has been quick to tap this energy.”

Kannammal, Arivoli central coordinator, had told Sainath then: “The main thing was the confidence it gave women. Very importantly, it reduced their dependence on men. Now we often see a woman doing a four-kilometre stretch on her cycle to collect water, sometimes with her children. Even carting provisions from other places can be done on their own. But, believe me, women had to put up with vicious attacks on their character when this began. So many made filthy remarks. But Arivoli gave cycling social sanction. So women took to it.”

Kannammal was among those first off the blocks. Initially, she was not sure whether should would be able to ride a cycle while she is clad in a sari. But the would-be cyclists turned up in strength at Kilakuruchi village and the inhibitions fell by the wayside — as did several male-enforced barriers.

Even ballads were written about the cycle movement, prompting the women to sing aloud while they cycled in the village-

Cast off these illusions/                                    Set fire to the misery they have brought upon you.

Like birds whose wings have been clipped,/    Society has kept you confined within your homes.

Emerge like a storm gathering its strength.  O, sister, learn to ride the bicycle/                  and then set forth on a journey on the wheels of time.”

This song, written by Pudukkottai poets Jayachandar and Muthu Bhaskaran, was one among the many that were written to inspire the cycling women.

The first girl I met after arriving in Pudukkottai was Karthika, 20, a bearer at the hotel I stayed at. After completing her Plus Two, she had enrolled herself in a degree correspondence course. Asked about bicycles, she appeared to wonder why I was even asking — she has been riding a bicycle everywhere since childhood.

“Now, I have an old cycle. The government gave me a new one but my father sold it. He had some debts to pay off. Now I need to buy a new bicycle. I’m saving a little from my salary,” Karthika said.

A whisper of a smile greeted the question whether she knew about the changes cycles had brought to the women of Pudukkottai. As her mother and the other women in her family had already been cycling ever since she could remember, Karthika said, it never felt like something worthy of special attention.

A middle-aged diner at the next table cut in: “All that is history. The younger generation today doesn’t know much about it. You should go out to the road and see for yourself.”

I did as the diner, Gopalan who runs a business, told me and stepped out. Gopalan was not exaggerating: I could see for myself women who were basking in the freedom of movement. The town was humming — with the bustle of girls galore, college girls and school girls riding bicycles.

The bicycle trail led me to the Annavasal Panchayat Union Office, where section officer Ilavarasi Vasanthan spoke of how bicycles had transformed the lives of women.

“Now the women of Pudukkottai are just like those in any other place. They venture out to do anything. The old way — where men would speak outside while women stayed at home — is gone. In the panchayat office and elsewhere, they come directly to ask questions and get things done. They’ve shown strength both in their families and in society. Most important, they continue to travel by bicycle.”

I recalled what Sainath had written once: “Never before coming to Pudukkottai had I seen this humble vehicle in that light -– the bicycle as a metaphor for freedom.”

Kannammal had told him that for women, cycling “is a Himalayan achievement, like flying an aeroplane”.

Around 30 years ago, the women of Pudukkottai were usually confined to the kitchen whenever guests visited. Arivoli Iyakkam, the literacy campaign, brought about some change: men eagerly attended the literacy classes but women still stayed indoors.

The then collector, Sheela Rani Chunkath, realised that the women needed to step out of their homes in order to take part in the literacy initiative. Among the many strategies she devised, one was teaching women to ride bicycles.

The Arivoli Movement cast cycling as a symbol of freedom, self-respect and mobility. Spearheaded by the collector, several programmes were implemented to encourage women to learn cycling, prompting thousands to take a shot at pedalling. It would be fair to say that the women of Pudukkottai literally cycled their way out of the kitchen.

In order to understand how the dramatic transformation took place, I tried to meet the women who had learned cycling then, as well as those who had worked with the Arivoli Movement at that time.

Pandian, who had volunteered with Arivoli Iyakkam when it launched its literacy drive in 1991, shared his experience. He recalled the days when women hardly stepped out of their homes and how the volunteers tried to reach out and spread awareness through songs and dances.

“We were fighting against caste and religious divisions,” Pandian said. “We encouraged people to sit together and share meals. The Arivoli volunteers made it a point to eat in every household, disregarding caste, to demonstrate equality. Do you see now how many women are riding bicycles?”

Fatima, a secondary school teacher, said she never imagined that learning to ride a bicycle would give her so much freedom. “Now I don’t have to depend on anyone. It has completely changed my life,” she said with conviction.

Sarala, an anganwadi teacher, recalled the early days of learning to ride a bicycle.

“There was such an uproar back then. The men reacted with outright hostility. They hurled many insults at us. But the Arivoli workers stood by us. When many women began to learn, those men had no choice but to sit quietly and watch. Eventually, society accepted us,” she said.

I went around several places in Pudukkottai in search of Kannammal, who had led the cycling movement initially. After much effort, I found her — she now works as an assistant at the LIC branch in Pudukkottai.

Kannammal was astonished that I had come all the way from Kerala to meet the woman who had taught the women of Pudukkottai to ride bicycles.

“Oh, back then, things were completely different,” she said. “Girls weren’t allowed to study beyond the fourth or fifth standard. There were no schools nearby; they were far away. Once the girls reached puberty, it became impossible for them to walk such long distances to school, and they dropped out.

“In 1991, when Arivoli Iyakkam launched a literacy drive across the state, lakhs of people came forward to learn. But very few of them were women. That’s when Sheela Rani Chunkath Madam came up with the idea of a bicycle scheme.

“I was the first woman to learn to ride a bicycle. People used to say that if women started cycling, it would be the end of the world — that rains would stop, that it would be a curse! But Sheela Madam stood firm and faced all such criticism with determination.

“She gave me the strength to stand up to everything with confidence. I taught many other women to ride bicycles and helped them gain confidence too. The government gave us strong support. We made it clear to everyone — to the government, that we wanted to learn; to ourselves, that we could learn; and to society, that we deserved to be accepted.”

Those days, whenever a woman needed to get something done from a government office, she was required to prove she could ride a bicycle. If a woman went to collect a paper or document, officials would ask her to show that she could cycle. This, in turn, made it impossible for men to prevent women from learning — and that’s how the project gained social acceptance, Kannammal said.

“The bicycle scheme spread like a social revolution. Bicycle training centres for women, cycling competitions, rallies, demonstrations, lucky dips, prizes — so many programmes were organized. Thousands of women who initially learned cycling only to win a prize eventually made it a part of their everyday lives. For anganwadi teachers, cycling was made mandatory. Today, just as a child learns to walk, girls learn to ride a bicycle as they grow up. Similarly, the Tamil Nadu government now provides free bicycles to all schoolgirls.”

Listening to Kannammal and seeing the women of Pudukkottai, one thing became clear: the very foundation of a woman’s self-confidence is her freedom of movement.

“When women began coming forward to learn cycling, there was an acute shortage of bicycles,” Kannammal said. “Women learned using the men’s bicycles. That actually turned out to be an advantage — since those cycles had a bar in the middle, men would seat children in front and ride long distances to fetch water. Later, women used the same cycles, seating their children on the back carrier, and it made fetching drinking water so much easier.”

Earlier, they used to walk long distances every day to collect water. Once they learned cycling, that burden was reduced. It also became easier to take goods and farm produce to the market. These may seem like ordinary things now, but back then, for women who had spent their lives inside the kitchen, appearing in public on a vehicle was a symbol of rising social status.

“Their circles of friendship expanded. They recognized their own strength. In truth, beyond just economic improvement, learning to cycle gave women self-respect, freedom and fulfillment,” Kannammal said.

When Sainath visited Pudukkottai in 1991, he had witnessed the early stages of the cycling movement. What I saw when I went there was the outcome — women who had stepped out from their homes are now deeply engaged in public life.

The history of cycling in Pudukkottai clearly shows that whether in a village or in a city, when sincere efforts are launched to empower/uplift women, they respond rapidly — and change truly follows.

Kannammal spoke about Women’s Day in 1992: “That year, the Women’s Day in Pudukkottai was like witnessing a historic event. Around 1,500 women tied the Indian tricolour to their bicycle handlebars and rode together in a grand rally through the town. I had never before seen such an expression of confidence.”

Cycling not only changed women’s quality of life but, as Kannammal said, it enabled them to come out of their homes and live alongside men as equals.

What I saw in Pudukkottai is this: when someone in power understands women’s movements and issues and when even a few committed people work sincerely for them, women’s lives can transform completely.

As I left, a song by Jayachandar came to my mind:

“Yes, brother, I have learned to ride a bicycle.

I now move with the wheels of time.”

In a country where so many women still cannot move freely, the women of a Tamil Nadu village learned to balance on two wheels — and through it, found freedom, confidence and progress. It remains a tale that continues to inspire, its revolutionary resplendence as radiant as ever.

Courtesy: The AIDEM

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Periyar the icon of social justice and humanism https://sabrangindia.in/periyar-the-icon-of-social-justice-and-humanism/ Thu, 18 Sep 2025 07:22:13 +0000 https://sabrangindia.in/?p=43623 Periyar's interaction with Ambedkarites in the Hindi belt are extremely crucial to understand his philosophy on Untouchability and caste discrimination

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Though Periyar is a well-known name among the Dalit Bahujan activists, it is a fact that most of the people in the north have little knowledge about the huge work that Periyar did and the power of his self-respect movement. There are two kinds of stories that are either glorified or vilified as far as Periyar is concern. One the Hindutva protagonists blame him as anti-Ram anti Hindi who broke the idols of the god. That is precisely the same reason that many of the Bahujan intellectuals glorify him without knowing much about his monumental work in raising the conscious level of Dravidian people and providing self-respect for all.

Periyar’s interaction in the north India with began with his visit to Kashi in 1904 where he suffered humiliation due to caste discrimination by the local priests. But as a political activist Periyar’s formal interaction started with his visit to Kanpur in 1944 5o participate in All India Backward Non-Brahmin Hindus conference from December 29 till December 31st, 1944. Periyar was well aware of things happening in the north particularly the movement being led by Baba Saheb Ambedkar. It is not known to many people that Periyar had translate Baba Saheb’s extraordinary work of Annihilation of Caste in Tamil. Mr S V Rajadurai in his wonderful conversation with me brought these amazing facts about Periyar’s north Indian relations in the recently published book ‘Periyar: Caste, Nation and Socialism’. Periyar was also the vice President of ‘Jat Pat Todal Mandal’ but refused to change his stand as what were the reasons of caste discrimination which he felt emanates from the Varna system. I had raised the issues of Periyar’s north Indian engagement with Mr Rajadurai and he really worked hard to bring these facts of life to all the people.

Periyar visited Kanpur on February 8th, 1959 on the invitation of Republican Party of India and some of his admirers like Chhedi Lal Saathi and others. Periyar addressed a huge gathering of RPI activists at Ganga Prasad Memorial Hall Lucknow where Dr Chhedi Lal Saathi translated his speech. Socialist leader Raj Narain too hosted a tea party his honour. Periyar continued to speak at different platforms in Lucknow, Kanpur, Delhi, Bombay, Calcutta and Pune. He tried to strengthen Republican Party of India after the demise of Baba Saheb Ambedkar by addressing their different gatherings. Those who speak against Periyar should know this fact of his Periyar was highly influenced by Baba Saheb’s philosophy but he admired him and promoted his work after his demise.

It is not that Periyar spoke with the political gatherings. He also spoke at Lucknow University who were protesting against him in the beginning but later understood his stand on social justice, OBC and Dalit reservation and cheered for him. Dr K Veeramani translated his speech at the Lucknow University campus on February 11th, 1959. Periyar also addressed students at the Siddhartha College, established by Baba Saheb Ambedkar in Mumbai on February 25th, 1959. He visited Lucknow again in 1968.

One of the most outstanding admirers of Periyar and who promoted his work in the north India was Lalai Singh Yadav, a humanist rationalist and part of well-known social movement called ‘Arjak Sangha’. Arjak Sangh was promoting the enlightenment, rationalist thinking and warning the Bahujan communities against rituals and blind beliefs. For all such thoughtful people, Periyar along with Baba Saheb Ambedkar remained their heroes. Lalai Singh Yadav translated Periyar’s work on Ramayana under title ‘Sachchi Ramayana’ i.e., True Ramayana. The Uttar Pradesh government banned the book and confiscated its copies on December 9, 1969. Arjak Sangh and Lalai Singh Yadav condemned the incident and challenged the government order under the pretext of ‘law and order trouble due to hurt sentiments of the people’, at the Allahabad High Court which declared the ban on book as invalid. Uttar Pradesh government went in the Supreme Court against this order challenging the lifting of ban by the Allahabad High Court. On September 16th, 1976, Supreme Court delivered a historic verdict which upheld the high court order and dismissed government’s review petition. Justice Krishna Iyer, Justice P N Bhagwati and justice Syed Murtaza gave a verdict. Delivering the verdict Justice Iyer said, ‘A government can always learn from the criticism of its opponents than from the eulogy of its supporters. To stifle that criticism is, at least, ultimately, to prepare its own destruction.’

The verdict of the Supreme Court was the best tribute to the icon of reason and humanism, Periyar on the eve of his 97th birthday. This was the period RPI in Uttar Pradesh and elsewhere was virtually moving towards political extinction and got divided into various fractions but Arjak Sangh was the only non-political movement for humanist values and social change. It carried the legacy of spreading Periyar’s work in common parlance in Uttar Pradesh. As Arjak Sangh was anti superstitious, Periyar’s rationalism and other such actions influenced them. The image creation of Periyar revolving around Arjak Sangha was mostly as an idol breaker. His issues of social justice, women’s liberation, self-respect marriages, proportional representation are frankly still not in wider circulations among political as well as cultural activists. Though Arjak Sangh was still working but its sharpness continued to decline after the demise of leaders like Ramswaroop Verma and Lalai Singh Yadav.

In 1990 when V P Singh was the prime minister and accepted implementation of 27% reservation for Other Backward Classes (OBCs) in the Central government job, a new movement was building up in north India. Ambedkar Phule Periyar became immensely popular with the Dalit Bahujan activists and intellectuals. Ambedkarites were writing about Periyar and his work. Parallel to them was the rise of Bahujan Samaj Party, which filled the vacuum created by the marginalisation of Republican Party of India. The ‘demise’ of RPI in Uttar Pradesh gave rise to the growth of BSP in the 1980s and in 1993 the party made a historical alliance with Samajwadi Party and came to power in Uttar Pradesh. Slogans like ‘Mile Mulayam Kanshiram: Hawa ho Gaye Jaishriram’ simply translate as when The Slogan Jaishriram would be worthless once Mulayam and Kanshiram join hand. BSP was that time aggressively speaking about Ambedkar and Periyar in north India. The alliance of SP-BSP collapsed due to contradictions and political ambitions of leaders. BSP formed government with the support of BJP in Uttar Pradesh. It was a big shock but people accepted it as long as they felt their ‘interests’ were not being compromised. The first thing BSP announced after assuming power was installing big iconic statutes of Dalit Bahujan Icons and celebration of ‘Periyar Mela’ in the heart of Lucknow city. The declaration of a Periyar Mela to be organised in Lucknow city angered the alliance partner BJP and they protested terming Periyar as anti-North and anti-Ram, they threatened to pull out of the government. Since then, BSP does not use Periyar’s photograph in its political work. In the initial phases, it was BSP workers who used to speak a lot of Periyar but afterwards slowly political realities of the state forced them to abandon Periyar completely. Now, BSP does not want to any way affiliate with the memory of Periyar. The crisis of the other parties in north India particularly Samajwadi Party, Janta Dal or RJD is much more serious as most of them can’t afford to lose their community votes they avoid Periyar. These parties actually were formed by those inspired by socialist leader Ram Manohar Lohia and Jai Prakash Narain. Politically, it was just RPI or BSP which promoted Periyar in the north India. Socially, Arjak Sangh’ which was actually led by the leaders from backward communities but Periyar’s political message in the north India was carried out by RPI and BSP (in the beginning) and BAMSCEF and mostly all of them led by Ambedkarites. So, one thing is clear, Periyar in north India has not been read or promoted by the backward communities because of the abject failure and opportunism of the political parties claiming to represent the politics of ‘social justice’ particularly those intellectuals who used him just to make their juicy references on religion rather than looking his monumental work of Self Respect Movement that brought the backward communities and Dalits to the power structure in the Dravida land. Ambedkar, Phule and Periyar were revolutionary icons who challenged the Brahmanical hegemony which most of the political parties are not ready to challenge yet social movements, rationalist, humanist activists, Bahujan social cultural leaders continue to be inspired by Periyar and his monumental work to liberate Dravidian masses in Tamilnadu and empower them socially, culturally and politically.

The vast treasure of work brought out by Mr S. V. Rajadurai on Periyar is a must read for all. Now, the book titled ‘Periyar: Caste, Nation and Socialism: S V Rajadurai in Conversation with Vidya Bhushan Rawat’, published by People’s Literature Publication, Mumbai, is now available on Amazon and Flipkart. Those who are interested in Periyar’s north Indian engagement along as well as many other critical issues of Periyar’s understanding on Dalits, untouchability, Land questions as well as communism, would get extremely rare and important information about the same.

Periyar ignite the heart and minds of all the humanists. Let his spirit of enlightenment and rational humanist thought grow everywhere.

Related:

Periyar: Caste, Nation and Socialism

Why is Periyar not taught in Indian schools and colleges?

Opinion: Bahujans need to spread Phule and Periyar’s message in person, not just on social media

 

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Professor VK Tripathi and his pamphlets of hope, social justice and harmony https://sabrangindia.in/professor-vk-tripathi-and-his-pamphlets-of-hope-social-justice-and-harmony/ Wed, 22 May 2024 11:22:15 +0000 https://sabrangindia.in/?p=35553 A 76-year-old retired professor from IIT Delhi distributes leaflets throughout states and districts to teach people about unity and brotherhood while opposing the state's incitement of hatred and division.

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To face the omnipresent lines of division and hate, to change the ideology of the people of the nation and spread the message of peace, one has to take to the roads and talk to the people. Retired IIT professor Vipin Kumar Tripathi is doing his bit for the nation by distributing pamphlets hailing communal harmony amongst the masses. Tripathi, who is almost 76-years-old, does not fear interacting with those who have differing opinion and believes in spreading awareness through interaction.

During times of turmoil and protests, such as the anti-Citizenship Amendment Act protest and the post-Babri Mosque demolition, this retired professor had continued with his pamphlet distribution with the objective of bringing a change in society through education and awareness. Since the month of April, as India geared up for the ongoing Lok Sabha elections of 2024, professor Tripathi began with a “Rise to Change” flier campaign. As a part of this campaign, professor Tripathi has been meeting people across states and discussing the shortcomings with the current government regime.

Image Prof. VK Tripathi distributing pamphlets with his daughter Rakhi Tripathi (Courtesy: Rakhi Tripathi’s Facebook)

In one such video on social media, which is handled by Professor Tripathi’s daughter Rakhi Tripathi, he can be heard sharing his experience of talking with people. As per the video, while distributing his pamphlets, most of the people who are impoverished and working menial jobs shared their troubles with them and their complaints with the pro-capitalism policies being implemented by the government.

The pamphlets distributed by Professor Tripathi also, most importantly, promote the idea of communal harmony. It also contains condemnations of the government’s policies or activities and possible solutions, while stating facts and eradicating myths and fake information.

According to him, the idea of change begins with one working on eradicating the biases that they hoard within themselves. He also targets those areas that have had a history of communal violence and riots while spreading his message of communal harmony and brotherhood.

As per one of his interviews, retired Tripathi had started the activity of distributing pamphlets in July 1990 after the Bhagalpur riots, which jolted him from within. During this period, he was in the United States where he formed a Forum for Secular Indians which was later named as ‘Sadbhav Mission’. His interest in politics and social work grew after he quit his job due to USA supporting Israel on their attack on Lebanon, killing around 20,000 people.

As per an article published on him by The Patriot, Prof Tripathi’s father was a freedom fighter and used to be associated with Mahatma Gandhi, from which stems his own ideological leanings. Following the Gandhian path of non-violence, independence and liberation himself, Professor Tripathi started spreading the message of liberation from religious prejudices and discriminatory tactics in any form. In addition to this, one of his methods to educate the less privileged is to organise workshops for students and teachers on subjects like mathematics.

While scrolling through his profile on ‘X’ (formerly Twitter), one can find many videos of him interacting with the youth as well. In one such video, Professor Tripathi could be seen addressing a small crowd of young college going students, purported to be first time voters, to vote responsibly and against divisions. Later in the video, he can be seen standing patiently giving out pamphlets.

In another video, he can be seen interacting with people in Chandni Chowk, New Delhi.

Professor Tripathi also interacts with those who the state tends to ignore or forget, and listens to their issues.

It is essential to note that Professor Tripathi’s effort do not just remain limited to distributing pamphlets, but also supporting the ones whose voices are not being heart. In a heart touching video, Professor Tripathi can be seen talking to Vakeel Hasan, one of the rat miners who had rescued 40 workers trapped in the Uttarkashi tunnel in November of 2023. These twelve rat miners had been then hailed as unlikely heroes for playing a crucial role in rescuing 41 trapped labourers in Uttarkashi’s Silkyara tunnel. The miners, employed by Rockwell Enterprises, had worked tirelessly for 26 hours using basic tools to clear the passage. They were called ‘angels from above’ by the rescued labourers. But soon enough, their efforts were forgotten as the news cycle moved on.

While state governments have felicitated the said rat miners with rewards and compensations, no one had heard their pleas of changing their standard of living by bettering their standard of living. In an interview with the Hindustan Times, one of the rat-miners named Firoz Qureshi had said “If anybody really wants to reward us for our work in the rescue operation, they should do their bit to change lives of people like us. We get a daily wage of ₹400-500. It is not enough for survival. We can’t even think about future of our families and children.”

In the video of Professor Tripathi, he can be heard interacting with Hassan and asking him regarding his children’s education, reminding people of the role that Hassan and other rat-miners had played in saving those who had been trapped in the tunnel. It is to be noted that in March of 2024, Hassan and his family of five have been rendered homeless, after his house was razed to the ground by the Delhi Development Authority (DDA) on Wednesday, 28 February, as part of an “anti-encroachment” drive. Through the said video, Professor Tripathi requests the authorities to help Hassan and his family seek justice against the arbitrary demolition done by the state.

Unlike other activists, through science, secularism and non-violence, he is willing to walk down different lanes across different states and talk to people about the ideas of secularism, humanity and love. His videos, where he shares his experiences, grant us an opportunity to see beyond what is trending on social media and understand what the common person in India actually feels and thinks. His ardent stance on his Gandhian ideologies as well as his power to smile even in the face of those who abuse him serves as a teaching moment for all of us who believe in social justice, harmony and peace.

Social media profile of Professor Tripathi can be accessed here:

https://x.com/rakhitripathi

 

Related:

Thiruvananthapuram, Kerala to Malerkotla in Punjab, spontaneous community initiatives celebrate harmony & syncretism

As the ruling party peddles hate, the people of Assam live in harmony and hope

Haryana’s farmers’ Mahapanchayat: Fostering unity across communities, vowing for communal harmony

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National Commission for Women: An instrument of social justice or a mere political mouthpiece? https://sabrangindia.in/national-commission-for-women-an-instrument-of-social-justice-or-a-mere-political-mouthpiece/ Tue, 21 May 2024 12:30:16 +0000 https://sabrangindia.in/?p=35546 A look at the past one year shows the emergence of a worrying trend where the NCW has turned a blind eye to issues of sexual violence or shown selective outrage in a bid to protect as well as further the political agenda of the current ruling BJP government

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National Commission for Women, a statutory authority has, in the recent times, garnered headlines for all the wrong reasons. From having been accused of having become a political tool for the ruling Bharatiya Janata Party and not taking action on violence against women in BJP run states to allegations of forcing women to give false statements of violence in non-BJP run government states, the statutory authority has lost the faith of the masses.

The mandate of the National Commission for Women Act, 1990 was to establish an autonomous, statutory body which would have a host of powers and duties. It was intended that the aforementioned commission would act as a think tank, support women’s emancipation across the country, and monitor injustices against women. However, it is impossible to overlook the depths to which the commission has descended under the guidance of chairperson Rekha Sharma and the current ruling party, especially when one considers the authority’s generally negative—or absent—role in seeking justice for women in incidences of violence.

NCW is the legally ordained protector of women and their right and its main function is to protect women from abuse, exploitation, threat and force. And yet, in the past one year itself, NCW, had indulged in more issues of politics than sought justice for crimes being committed against women. Has the statutory authority now just donned the robe of a being a political mouthpiece? A brief look at the major incidents of the past one year depicts so. 

The deafening silence: Karnataka

The most recent example of the same is the Prajwal Revanna sexual violence scandal. On April 21, 2024, ahead of the April 26 Hassan parliament poll, electronic devices like pen drives and CDs had emerged in the public domain containing videos depicting the constituency’s current MP Prajwal Revanna allegedly sexually assaulting women. The news had spread like wildfire across the country with the videos also starting to circulate on social media. It is to be noted that as many as 2,900 files with videos and images of the sexual encounters of the MP were found in the pen drives that were leaked. As per multiple media reports, more than 300 women were victims of sexual violence while only three women have come forward to file cases against him. A day after this news had emerged, the sitting MP Revanna had left from India to go all the way to Germany. Even after a month has passed since the incident, Revanna stays absconding. A special court in Bengaluru for MPs and MLAs has issued an arrest warrant against him.

Shockingly, even as details of this sexual violence scandal started coming out, the NCW maintained a deafening silence over this issue. Many alleged that the reason behind this silence was the political alliance between Janata Dal (Secular), of which Revanna is a member of, and the Bharatiya Janata Party. It is pertinent to highlight here that the central authority took no action over the leaked videos of survivors, which had put the survivors/victims of sexual violence at risk. Instead, almost 20 days after the incident came to light, NCW came out with strange statement, declaring that the women are being forced to file false cases against Revanna. The central authority allegedly based their statement on the version provided by one of the women involved in the case.

As per a report in the Livemint, the NCW stated that “One woman complainant came to the commission to register a complaint against three individuals dressed in civil uniform, allegedly introducing themselves as Karnataka Police officials and forcing her to give a false complaint in this case.”

The Commission further claimed that “She (the woman) stated that she is being called by random phone numbers threatening her to complain. It has come to light that this complainant was forced by a group of individuals to file a complaint, under the threat of potential harassment and false implications. The victim has sought protection for her family’s welfare, underscoring the seriousness of the situation.”

This statement was the only statement made by the central women’s commission on the incident that shook India. It is essential to note that the approach taken by this Commission is in stark contradiction to the action it took in the state of West Bengal, wherein within a month of the emergence of sexual violence allegations against a member of the opposition party, the authority had recommended imposition of President’s rule based on their fact-finding team. No such team has, till date, been sent to investigate the allegations being levied on the JD(S) MP Prajwal Revanna. 

Seeing things that do not exist: West Bengal

A political storm stirred the state of West Bengal in the month of February 2024. Since the beginning of the month, Sandeshkhali, a village in the North 24 Parganas district of West Bengal, had been witnessing protests over allegations of sexual abuse of women by a local Trinamool Congress (TMC) leader. These protests had come up after several local women accused the local Trinamool Congress strongman Shajahan Sheikh and his supporters of land-grab and sexually assaulting them under coercion. The issue of alleged sexual violence once again took a political turn as the BJP party politicised the issue and a blame game between the political parties began.

Since the issue of sexual violence concerned an opposition party, the NCW and its team took much interest into it. In addition to Chairperson Rekha Sharma taking up to social media to express her distress over the issue and raising allegation against the TMC leader, the central authority also sent a fact-finding party to the state to investigate the matter. The said fact-finding NCW team, which reached the region on February 12, had visited Sandeshkhali to assess the actions taken by local authorities in response to reports of violence and intimidation against women in the region by local TMC leaders.

On May 5, through the 24-paged fact-finding report submitted to the President Draupadi Murmu by NCW chairperson Ms. Rekha Sharma, it was recommended by the NCW that President’s rule be imposed in West Bengal in view of the allegations that have been raised by women in Sandeshkhali as well as the violence that had ensued.

Meanwhile, the West Bengal state police had maintained that it has received only four complaints from people in Sandeshkhali but none of them mentioned rape or sexual harassment.

In the month of May, a video of a “sting operation” surfaced that showed a person, purportedly a BJP Mandal (booth) president named Gangadhar Koyal, saying that Sandeshkhali women were not sexually assaulted and were projected as ‘rape’ victims at the behest of BJP leader Suvendu Adhikari.

Only four days pursuant to this, a few videos shared by TMC went viral on social media, which showed one of the women complainants in the Sandeshkhali sexual violence case alleging that she was coerced, through threats of violence by NCW chairperson Rekha Sharma and BJP leader Piyali Das, to sign a blank paper without knowing its purpose. With this, the woman also retracted her complaint.

As the complaints suggesting sexual violence started getting retracted, the TMC also filed a complaint with the Election Commission of India against National Commission for Women (NCW) chief Rekha Sharma and BJP leaders including Piyali Das.

In the complaint filed, the TMC had alleged that Sharma and Das “coerced [women in Sandeshkhali] through threats of violence” to sign a blank paper without knowing its purpose. The party alleged the signature on blank paper was used to file “false rape complaints” without women’s consent. The complaint further read that there have been many revelations that point to a deep-rooted conspiracy involving the NCW Chairperson and the BJP leaders.

Responding to the complaint filed by also filed by the NCW with the ECI, seeking a probe into the matter by claiming that women are being “compelled” to withdraw their complaints by TMC workers in view of the ongoing General election of 2024.

There have been no further revelations in the matter till date. While the issue is being investigated upon by the authorities, the allegations that have been made against the NCW chairperson, especially coercing the women to make false allegations against the members of the West Bengal government to serve a political agenda, casts a suspicion on the independence of the statutory authority. One must not forget that the same authority had not once recommended imposition of President’s rule in Manipur, a state that saw the most gruesome examples of violence against women.

Turning a blind eye: Manipur

On May 19, 2023, anger and chaos took over India when a video of three women being paraded naked, sexually assaulted and gang-raped by a mob in Manipur surfaced on social media. The incident, which had actually taken place on May 4, 2023, had shown the ugliest side of violence that had engulfed the state of Manipur since May of 2023. One should not that the state is yet to see any semblance of peace, and that the ethnic clashes between the Meitei and Kuki communities continue to spiral into a civil war.

As courts were taking note of the incident and asking the government to take action, on July 20, it was reported that the NCW had been sent a complaint on the matter on June 12, but the complainants never received a response or an acknowledgement. It was provided two Manipuri women and a Manipur tribal association headquartered abroad had filed two complaints with the commission on the said issue. Reportedly, the complainants had spoken to the survivors and then emailed NCW chairperson Rekha Sharma. As per multiple media reports, the complaint sent to the NCW had alleged that a 15-year-old girl had been kidnapped and a medical examination report “confirmed assault and rape”.

Notably, it was only after the video of the heinous crime had gone viral and invited outrage from across the country that the NCW had tweeted stating that it is taking suo-moto cognizance of the matter and had urged the DGP Manipur to promptly take appropriate action.

When people had questioned the inaction of the NCW in this gruesome incident, Rekha Sharma had defended the same by provided that the Commission had approached the Manipur government thrice after receiving the complaint on June 12.

“There were many complaints and that too from people outside India and outside Manipur,” NCW chief Rekha Sharma said. She had further said: “Firstly, it had to be clarified whether whatever was written is true. Manipur government must clarify and if it is true then they must work on it. So, accordingly, we wrote to them. We reached out to authorities but no response was received from them but then we took suo moto cognizance when the video (of women being paraded naked) went viral.”

Upon the lack of action and the dereliction shown by the Commission, a joint letter had been sent by the National women’s organisation on July 22 to highlight the gross negligence shown by the NCW. The letter, signed by All India Democratic Women’s Association (AIDWA), National Federation of Indian Women (NFIW), All India Progressive Women’s Association (AIPWA), All India Coordination of POW PMS IJM, All India Mahila Sanskritik Sanghatan and All India Agragami Mahila Samitan, had condemned the inaction of the commission and urged them to urgently assess the disproportionate victimization of women through brutal and inhumane acts of sexual violence. 

The emergence of damning patterns over the years

The aforementioned three incidents are just a few examples that underscore the political biases that are now controlling the action that a statutory authority takes when it comes it protecting the women of this democratic country. These three incidents, all of which have a political history, have necessitated for the involvement of Constitutional courts to ensure that the allegations raised are without any ulterior motives and the rights of those involved, especially the survivors/victims, are protected. It is crucial to emphasise upon the enormous powers of investigations that statutory institutions like the NCW and State Women Commissions have under the law, which grants them the powers of a civil court. And yet, the NCW has failed the women of India- by failing to protect them as well as by intertwining political ideologies with maintenance of justice.

In addition to this, Section 10 of the NCW Act provides a rather exhaustive list of functions the Commission shall perform. Section 10(1)(f) of the Act categorically provides the Commission the power to look into complaints, take suo-moto notice of matters relating to deprivation of women’s rights and take up issues arising out of such matters with appropriate authorities. However, these powers and functions yet printed on the textbook, with the statutory authority unwilling to take any action.

Below are some other instances of selective outrage and victim shaming that NCW chairperson Rekha Sharma herself indulged into throughout in this year itself:

Victim-shaming:

In the month of March of 2024, a horrifying incident unfolded when a foreign biker woman was gang-raped by seven men in Jharkhand’s Dumka district. On March 1, a woman tourist from Spain, who was camping with her husband, was allegedly gang raped Jharkhand while travelling to Nepal from West Bengal. As per the details provided by the couple themselves, the incident had occurred as the couple rested in a makeshift tent in a deserted area at Kurmahat village. The eight accused were arrested by the Jharkhand police within a few days of the incident, and were charged with looting the couple, assaulting the husband and raping the woman.

The said incident had a chilling effect on people within and outside of India. Many took to social media to express their anger over the incident as well as the overall unsafe environment that persists in India for women. A journalist, namely David Josef Volodzko, took to ‘X’ (formerly Twitter) to share his take on the issue of women safety and stated that sexual crimes against women are “a real problem in Indian society that warrants more attention”. He had also mentioned an incident of sexual violence that had taken place with a female friend of his in the said post.

The complete post can be viewed here:

Even with the background of such a particularly gruesome incident and to the sexual violence incidents that are anyway reported on a daily basis in India, chairperson Rekha Sharma had taken offense to the above provided post by the journalists and asked him if he had reported the incident mentioned in the post to authorities, “Did you ever report the incident to Police?”

Instead of making any statement on the worsening situation of women safety in India, Sharma had attacked the journalist itself by saying that if the incident had not been reported to the authorities, the journalists is a “totally an irresponsible person.”

Asking the United States based journalist to remove his post, she had alleged that the post unnecessarily vilified a country by stating “Writing only on social media and defaming whole country is not good choice.”

The post can be found here:

With this, the chairperson had found itself indulging in its deplorable habit of blaming women” instead of holding the accused accountable. It is essential to highlight here that in August of 2023, when Parliamentary Committee on Empowerment of Women’s report on ‘Working of NCW and state commissions for women’ was tabled in the Lok Sabha, it was revealed that nearly 75 per cent of complaints received by the NRI (Non-Resident India) Cell of NCW from 2019 to 2022 are yet to be resolved. The NCW’s Statistical Overview of Complaints showed a 30 percent increase in the total number of complaints registered from 23,700 cases in 2021. After 2014, when it received 33,906 complaints, the NCW has received the highest number of complaints in 2022.

Half of these complaints – 16,872 cases, which is 54.5 percent – were from the country’s most populated state Uttar Pradesh (UP), followed by Delhi with 3,004 complaints (10 percent), Maharashtra with 1,381 complaints (5 percent), Bihar with 1,368 complaints (4.4 percent), Haryana with 1,362 complaints (4.4 percent), Madhya Pradesh with 1,141 complaints (3.7 percent), Rajasthan with 1,030 (3.3 percent), Tamil Nadu with 668 (2.2 percent), West Bengal with 621 (2 percent), Karnataka with 554 (1.8 percent) and the remaining states with 2,955 complaints (9.5 percent). 

Selective outrage:

In the month of March 2024, as India was gearing up for its biggest Lok Sabha elections, new political controversies were interrupting on a daily basis. Forming a part of this was the derogatory words that were said by Congress leader Suprita Shrinate while attacking BJP candidate from Mandi, Himachal Pradesh and Bollywood actor Kangana Ranaut. After Ranaut’s candidature was announced, Suprita Shrinate shared an objectionable post against the BJP candidate on Instagram which had stated “Can someone tell what is the current rate in Mandi (market)?”. The anti-woman post was removed from the social media within a few hours of its posting and a statement of apology was also issued by Shrinate, who alleged that the said post was put out by a team member of her who handles her social media without her knowledge.

Even then, the wordings and the derogatory sentiment behind the posts led to many condemning the incident. Chairperson Rekha Sharma also took up this opportunity to call out Shrinate by stating that “NCW is appalled by the disgraceful conduct of Ms. Supriya Shrinate and Mr HS Ahir. Such behaviour is intolerable and goes against the dignity of women. (NCW chief) Rekha Sharma has sent a letter to ECI demanding immediate and strict against them. Let’s uphold respect and dignity for all women.”

The NCW had also approached the ECI against the statement and a show cause notice was also issued to Shrinate. While the action taken by the statutory authority was a welcome move, as no public figure should be allowed to use denigrating words against women, the outrage was also selective as the same authority had kept mum when such words had been uttered by Ranaut herself in the past, for instance, when Ranaut had called another Bollywood actress as a soft porn star. Even if one keeps the past instances of inaction on derogatory statements made against women aside, there was no other instance during the present Lok Sabha elections when the NCW took any action on anti-women statements. Only on May 16 did a BJP candidate for Tamluk Lok Sabha constituency, namely Abhijit Gangopadhyay, made a sexist statement against West Bengal Chief Minister Mamata Banerjee at a public rally. In his speech, Gangopadhyay said‘Mamata Banerjee, how much are you being sold for? Your rate is 10 lakhs, why? Because you’re getting your make-up done by Keya Seth? Mamata Banerjee, is she even a woman? I keep wondering sometimes.”

No statement condemning the usage of said derogatory words by the BJP candidate against a much revered and sitting CM of a state was issued by the NCW. 

What remains of thee?

The ideology with which the NCW is working had come to the forefront when, in 2018, chairperson Rekha Sharma had, in response to a Thomson Reuters survey that had found India to be most dangerous country in the world for the women followed by Afghanistan and Syria, said about 30 per cent of rape cases examined by the NCW were found to be fake. She has also said that women make such complaints for claiming compensation or settling property disputes.

While one the past one year has been discussed in the current piece, one cannot deny that the NCW’s performance in the previous few years has been lacklustre. The conscious studied silence that the Commission has maintained on major cases of rape and sexual violence of women also illustrates a glaring failure on the part of the NCW in taking prompt action and ensuring justice.  One such example is of the heinous Hathras Rape case (2020), wherein the NCW had maintained a tight lip regarding the role that the Uttar Pradesh police had played in covering up the crime.

On September 14, a Dalit girl was reported to have been gang-raped and physically tortured by four dominant caste men in a village in Hathras district of western Uttar Pradesh. In a few days post the incident, the victim had succumbed to her injuries. The victim was cremated on the night at about 2:30 am on 29 September 2020 by Uttar Pradesh Police without the consent or knowledge of the victim’s family. The incident had caused a massive outrage across the country but it was much after the Uttar Pradesh Police had cremated the body of Hathras gang-rape victim and once all was done and dusted that the NCW had condemned the manner in which the victim was cremated. On October 1, the Commission had written to the DGP of Uttar Pradesh and even sought an explanation from the UP Police.

Even when the Kathua rape case (January 2018) and the Unnao rape case (June 2017) had taken place, the NCW had maintained a silence by stating that since the incidents involved minor girls, the NCW could not concern itself with it. Notably, the Kathua rape case involved the abduction, gang rape, and murder of an 8-year-old Muslim girl, namely Asifa Bano, by seven Hindu males, six men and a juvenile, in January 2018 in the Rasana village near Kathua in Jammu and Kashmir, India. On the other hand, the infamous Unnao rape case refers to the brutal gangrape of a 17-year-old girl by Kuldeep Singh Senger, a former BJP leader, and four-time MLA from Bangermau in the Unnao district of Uttar Pradesh. His brother Atul Singh, relative Shashi Singh, 3 policemen and 4 other men including an Awdesh Tiwari and Brajesh Yadav, were also charged for the heinous crime that was committed on June 4, 2017.

In an ideal world, the selection of the chairperson and members would have been through a process that is transparent and democratic, reducing the chances of the ruling political parties from appointing those with ulterior motives.

It seems the current NCW neither has the will nor the capability to fight for women’s causes and is just acting as a political tool of the current ruling government. The growing distrust along with the pervasive unsafe environment for women paints a pitiful picture for women who aim to seek justice for the violence endured by them. The NCW had failed us on several historical occasions, some of which are highlighted above. How long will the statutory authority continue along the same path?

 

Related:

No vacancies for SC/ST/OBC in CARA and NCPCR, reservation policies not applicable to NCW: WCD Ministry

National women’s organisation sends joint letter to the NCW condemning their inaction over sexual violence complaint

Women’s protests against sexual violence continue as institutions bend to power

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Constitution sets benchmark for both inclusive governance & social justice: Justice B.V. Nagarathna https://sabrangindia.in/constitution-sets-benchmark-for-both-inclusive-governance-social-justice-justice-b-v-nagarathna/ Fri, 29 Mar 2024 04:38:53 +0000 https://sabrangindia.in/?p=34176 Justice B.V. Nagarathna, speaking at a virtual address to the Columbia Law School, said that the Constitution of India sets a benchmark for inclusive governance and social justice; LiveLaw has posted the entire video of the speech

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A Supreme Court judge, BV Nagarathna, known for her fierce judicial independence  spoke on “75 Years of the Indian Constitution—Supreme Court and Social Justice: A 75-Year History.” Columbia Law School organised the event in Association with CEDE, the American Constitution Society, the Center for Constitutional Governance, and the Institute for Comparative Literature and Society.

At the start of her address, Justice Nagarathna stated that our transformative constitution’s bold aspirations are manifest in its grant of rights and remedies against oppressive social wrongs such as prejudice, stigma, and exploitation.

What is this constitutional vision of social justice?

In answer to this question, Justice Nagarathna said that social justice is an ideal that is achieved through the progressive elimination of injustice and inequity in society. It calls for transformative efforts to undo the impact of pervasive social hierarchies and past injustice. It also demands the creations of conditions of justice.

Elaborating on these conditions of Justice, she said that these would emerge from an active process of remedy of preventing an act, decision, or situation that would arouse the sense of injustice in the people. The special constitutional provisions and safeguards for weaker sections of the society manifest the intent to create such conditions of justice.

For instance, by granting political reservation to schedule caste and schedule tribes the Constitution ensures that the members of socially marginalised groups are not excluded from political executive and governance. In that sense constitution sets a benchmark for inclusive governance and social justice.,” she added.

Supreme Court’s Contribution to quest for social justice

Justice Nagarathna shared her insights on Public Interest Litigation, where the doctrine of locus standi was substantially diluted to enable the concerned citizens to seek the indulgence of the constitutional courts to remedy an instance of social injustice.

To strengthen this, she cited the landmark case of Hussainara Khatoon vs. State of Bihar, in which a PIL was filed by two Supreme Court advocates underscoring the plight of thousands of under-trial prisoners languishing in various jails. This, in turn, resulted in the release of over 40,000 under-trial prisoners.

PIL is the incarnation of the judicial activism in its people oriented litigative dimension. The Court demonstrated a willingness to act as a bridge between life and law, to blend the structure of adjudication to the needs of the vulnerable members of the society. As a result, undertrial as well as convicted prisoners, women in protected custody, children in juvenile institutions, bonded and migrant labourers, unorganised labourers, Sc and ST, landless agricultural labourers who fall prey to the faulty mechanisation, slum dwellers and pavement dwellers, these and many more groups now come to the Supreme Court seeking justice.”

Notably, she also highlighted that at a certain point, the Supreme Court had a specially created Bench designated as a Social Justice Bench, which assembled every working Friday at 2 pm to hear public interest litigation and other writ petitions.

Justice For Women

Speaking under this head, she shared several landmark judgments that have led to the progress of justice for women and sexual minorities. In this respect, she also referred to publication of “Handbook on combating Gender Stereotypes” saying that this would deepen public trust by correcting anti-women prejudices. It may be recalled that it was only last year that this handbook was published to identify and remove the use of words that are loaded with gender stereotypes in judgments and court language.

The judgments discussed during the address included CB Muthamma v. Union of India and others., in which Muthamma an officer in the Indian Forest Service challenged IFS rule which prohibited married women from being appointed as a matter of right and required a woman member to obtain permission before her marriage. Though the government withdrew this rule, former Justice Krishna Iyer held:

Discrimination against women, in traumatic transparency, is found in this rule. If a woman member shall obtain the permission of government before she marries, the same risk is run by government if a male member contracts a marriage. If the family and domestic commitments of a woman member of the Service is likely to come in the way of efficient discharge of duties, a similar situation may well arise in the case of a male member. In these days of nuclear families, inter-continental marriages and unconventional behaviour, one fails to understand the naked bias against the gentler of the species.”

Underscoring women’s financial impendence, she cited the case of Govt. of A. P v. PB. Vijayakumar. In it, the former Justice Manohar Sujata, the second woman judge of the Supreme Court, upheld policies that provided special reservations for women as a measure to achieve effective equality.

The insertion of clause (3) of Article 15 in relation to women is a recognition of the fact that for centuries, women of this country have been socially and economically handicapped. As a result, they are unable to participate in the socio-economic activities of the nation on a footing of equality. It is in order to eliminate this socio-economic backwardness of women and to empower them in a manner that would bring about effective equality between men and women that Article 15(3) is placed in Article 15. Its object is to strengthen and improve the status of women.,” the judgment stated.

In Anuj Garg v. HotelAssociation of India, the Supreme Court struck down Section 30 of the Punjab Excise Act, which prohibited the employment of any man under the age of 25 and any woman in any part of an establishment in which liquor or another intoxicating drug was being consumed. The Court termed such an Act pre-constitutional legislation.

In furtherance of this, she apprised her audience of the progressive journey in the field of personal law. For this, she referred to the landmark judgments, including Shayara Banovs Union Of India. In this, a constitutional bench of the Top Court of India struck down the practice of Triple Talaq as illegal and violative of fundamental rights guaranteed under Article 14 of the constitution.

It is noteworthy to mention that, following this, the government enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019, prohibiting triple talaq as void and illegal. It provides imprisonment for up to 3 years and a fine to the husband who practiced instant Triple Talaq.

Further, in Vineeta Sharma v. Rakesh Sharma, the SC recognized the rights of a Hindu daughter to be a co-parcener alongwith her brother in respect of the division of coparcenary property.

Women in the legal profession

Justice Nagarathna said that women in the legal profession have come to stay and have made a real mark in the legal profession both as lawyers, advocates, and the bench.

“I must say one thing that in order that women are not ignored in the legal profession or on bench they must put in more effort, I suppose. This is the feeling I have that if I should not be ignored by being a women in the legal profession or on the bench, I must make a mark. For that I must put in more effort. I do not know whether men in the legal profession or my male colleagues would have to put that much effort. The effort is not in order to get a bouquet or a pat on the back but simply to say that look I am here too and I am not an adjunct I am part of the entire system and I have a right to contribute to the justice of this country in the same way as any male judge would and therefore I think psychologically if we think that we need to put more effort the effort is worth it then secondly with regard to gender” she added

Workplace Harassment

Justice Nagarathna also touched on the aspect of sexual harassment against women at workplaces. For this, she cited the decision of Vishakha v State of Rajasthan where the Top Court addressed deep rooted gender inequality at workplace and passed detailed guidelines, by invoking its inherent jurisdiction to deal with workplace sexual harassment against women.

Following this, in 2023, Aureliano Fernandes Versus State of Goa And Others, the Supreme Court of India has issued a slew of directions for the proper implementation of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 all over the country.

Justice for sexual minorities

Speaking about the progress in the justice for sexual minorities, Justice Nagarathna mainly cited the two landmark judgments in this field, starting from NALSA v. UOI, where the Court said that the right to self-determination for transgender persons is an instance where it has led the complex social process of inclusion. While crafting the range of remedies for transgender persons, it held that they were a socially and educationally backward class of citizens who ought to be eligible for affirmative action in education and employment besides welfare and other policies. It was held that the State was bound to take affirmative action for their advancement so that the injustice done to them for centuries could be remedied. This, in turn, led to the enactment of the Transgender Persons (Protection of Rights) Act, 2019.

Pursuant to this, in Navtej Singh Johar & Ors. v. Union of India, the Top Court decriminalized all consensual sex among adults and led to the inclusion of the LGBTQ community in mainstream society.

By the end of her address, she also shed some light on how, in 2020, during covid 19 (Gujarat Mazdoor Sabha v State ofGujarat), the Supreme Court quashed the notification issued by the Gujarat Labour and Employment Department granting exemptions to all factories in Gujarat from provisions of the Factories Act, 1948 relating to daily working hours, weekly working hours, intervals for rest and spread overs of adult workers as well as from payment of overtime wages at double rates.

A bench of Justices DY Chandrachud, KM Joseph & Indu Malhotra held that the pandemic cannot be a reason to do away with statutory provisions that provide dignity and rights for workers by the Gujarat Government. In this context, the bench has stated that the pandemic is not a “public emergency” within the meaning of Section 5 of the Factories Act threatening the security of the country.

After discussing these and several other judgments including in the field of disability rights, Justice Nagarathna said: “The above discussion of the SC’s role in advancing the role of social justice is a testament to the fact that it is an institution that is responsive to aspirations of a rapidly changing social milieu. I am assured that in the decades to come, the SC as a composite institution would serve we, the people of India in a more effective manner and steer the chariot of a social justice towards a constitutional destiny. For that we must believe in our constitution, we must believe in the preamble, the chapter on the fundamental rights and the directive principles, the goals that it has envisioned and the fact that it is eternal and all enduring.”

Q & A with Justice Nagarathna

At the end of the session, Justice Nagarathna also answered two questions asked by the audience. One of the questions surrounded the recent development where, last year, she, in a split verdict, allowed the medical termination of a 26-week pregnancy of a married woman. In view of this, the matter was referred to a 3-judge bench led by the Chief Justice of India, and ultimately, the Court rejected the abortion plea.

The question posed was: How do you see the Indian Legal system responding to such a scenario in the coming days? Whether it is going to be pro life of fetus or pro abortion in light of new emerging technologies facilitating such reproductive rights of women.

Replying to this, she said that, ultimately, the facts of the case give rise to a judgment one way or the other. Every case that comes up regarding termination of pregnancy must be viewed in the context of the facts and the surrounding circumstances in which the lady is placed and she is asking for the termination of her pregnancy.

She also added that it is only when the termination of pregnancy is outside the scope of the Medical Termination Of Pregnancy Act of 1971 that this debate begins.

But if we view the plea made by a woman in the context of how she is placed, what the facts and circumstances are then this debate would actually fade into insignificance. Of course the health condition of a fetus has been given importance now but let me say that if it is a case of a minor child seeking unwanted pregnancy which has arisen on account of a sexual assault whether the question of pro life would be considered or the circumstances in which the minor assault victim is placed to get rid of unwanted pregnancy is to be considered.,” she added.

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To Lord Ram, we must talk spirituality and politics https://sabrangindia.in/lord-ram-we-must-talk-spirituality-and-politics/ Thu, 11 May 2023 10:14:45 +0000 https://sabrangindia.com/article/auto-draft/ This third letter addressed to Lord Ram is a heartfelt reflection on the intersection of spirituality, politics, and social justice, in light of recent events in India

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Letter III

My dearest Lord Rama,

With a heavy heart, I come to you today seeking solace and comfort. I am sorry for the delay in writing to you, but I have been carrying a heavy burden in my heart, and I couldn’t find the words to express it until now. The past week’s events have left me deeply shaken and saddened, and I am filled with anguish as I witness the injustice taking place. It all started when our brave women athletes, who had brought laurels to our country, spoke out about the sexual harassment allegations against BJP MP, Brij Bhushan Sharan Singh. They demanded that the State take action and address the issue, but their cries for justice have fallen on deaf ears. Instead of investigating the allegations, the media is questioning their motives and intentions, adding insult to injury.

Having a conversation with you feels important to me. That has made me think about how politics and spirituality can be reconciled to achieve social justice in a modern democratic state.

For we Indians, spirituality and even its politics have often been defined by the idea of Ram (you). Decoupling politics and spirituality seems like a ‘fool’s paradise”. Spirituality and politics are intertwined in more ways than one. I wonder if spirituality is a way to look inside while politics is a way to bring social justice to our communities. 

Gandhi’s Ram perhaps played a crucial role in his resolve to unite Indians against colonialism. 

Bhakti is a spiritual path that defines the relationship between the devotee and the divine. Raghuveera, if your maryada defines politics, then selfless and unconditional love of Hanuman defines Bhakti.

Like the Kings of Spirits tells Hanuman, 

“There are many rings of Ram, and find the one which belongs to your Ram”.

We must find our “Ram” that defines our relationship with the divine and calibrates our politics.

How does one define Bhakti? Is Bhakti just a sense of servitude and surrender to the divine? Instead, it is better described as a two-way conversation between the individual and the divine.

I am sure you know that in our Capital city, Bajrang Punia, Sakshi Malik and Vinesh Phogat, three wrestlers are alleging severe crimes against the minister. These are mere allegations, but these sportsmen deserve respect, and their plea must be heard. Many Akhadas have a Hanuman idol. Why hasn’t an investigation been initiated by a BJP that uses your name and the motif of Hanuman for strength (instead of devotion!!)

Dear Sarva-jana-priya (or “Beloved of everyone”),

How do we introspect, converse among ourselves, and reclaim that Ram is love and Hanuman is devotion? Asking young men to take arms and become vigilantes. Hanuman could not have inspired them. My only conclusion is that we need to introspect. Falling in love with Ram should fill you with joy and not anger.

I can narrate the story of Hanuman, which is found in the Uttara Kanda, the final book of the Valmiki Ramayana. The story of Hanuman’s interaction with Ram exemplifies the idea of devotion and Bhakti.

In ancient Hinduism, the Aswamedha Yagna lets a horse wander for a year while a team of warriors follows it. When a horse enters a foreign land, the king must capture it and engage in battle with the warriors.

Lord Ayodhya-natha (“the Lord of Ayodhya.”), You performed the Aswamedha Yagna after Your return to Ayodhya from Lanka. Daring it may be, you were stopped by two young warriors who defeated your army, your general and your soldiers. In the fervour of anger, you shot an arrow to kill the indignant young warriors.  The young children were your children, Luv and Kush.

Will a Father kill his children? How do we stop this: Hanuman flies across the sky and opens his chest to receive your arrows; His chest has an image of “You, Raguveera and Sita”.

Hanuman protects your children, Luv and Kush.

It seems miraculous that your weapons which are the most powerful of all, can be rendered ineffective by Hanuman; Hanuman is the epitome of Bhakti. The story is powerful to us. Bhakti of Ram is more potent than Ram himself. Ram Bhakt Hanuman can confront the King of men, Ram. Hanuman’s devotion does not seek power but seeks a path to converse with Devine.

Bhakti must be an internal conversation with the divine and a personal journey. However, Hanuman has become a mere emblem of intimidation, which goes against the very essence of Bhakti. As followers of Ram, we must reflect on whether we are deviating from Hanuman’s teachings. Using the term “Bajrang” to instil fear and terror is a betrayal of Hanuman’s Bhakti ideology.

We must look inside us. That must be the first step in devotion. The only way to do that is love.

(The writer is a financial professional, also passionate about the arts, academia, and social issues related to development and human rights) 

Related: 

First Letter to Lord Ram: To Lord Ram, a letter of remorse and resolve

Second Letter to Lord Ram: To Lord Ram, I write again for hop

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Caste Census Would be Real Tribute to Ambedkar https://sabrangindia.in/caste-census-would-be-real-tribute-ambedkar/ Thu, 20 Apr 2023 07:16:34 +0000 http://localhost/sabrangv4/2023/04/20/caste-census-would-be-real-tribute-ambedkar/ An honest assessment of the population of marginalised sections can help modify policies and place India’s uneven progress on the path of equality.

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Caste Census Would be Real Tribute to Ambedkar
Image Courtesy: Wikimedia Commons

On 14 April, numerous organisations celebrated the first law minister and Constitution-writer Dr Bhimrao Ambedkar’s 132nd birth anniversary. The celebrations this year perhaps surpassed those held in previous years, for Ambedkar’s contributions to uplift India’s Scheduled Caste, Scheduled Tribe, and other disadvantaged communities are increasingly being recognised nationally and abroad. This year, his birth anniversary was celebrated in over 150 countries. Most groups committed to social justice and equality, which oppose birth-based hierarchies and injustices, mark this day with reverence and hope. Often, this celebration takes on a quasi-religious overtone, as rituals are accorded more space than Ambedkar’s values. In this context, the struggle to fulfil the dreams he fought all his life for must be re-launched and sustained.

Other formations, such as the Rashtriya Swayamsevak Sangh (RSS) and its Hindu nationalist progeny, deeply oppose the annihilation of caste and the principles Ambedkar stood for. Instead, they project the notion of harmony among castes, which does not involve altering the hierarchy inherent in caste. Ambedkar espoused affirmative action for the deprived sections of society. Reservations were initially meant to last for ten years—perhaps Ambedkar and others hoped a decade would be sufficient to root out the malice of caste from Hindu society. However, implementing the reservation policy itself lies in the hands of members of elite castes, and they found ways to circumvent it. That is why discrimination and exclusion based on caste have continued, and ending it remains a prerequisite to the march toward social justice.

The Constitution of India—Ambedkar chaired the committee that drafted it—provided reservations for the Scheduled Castes and Tribes. However, backward classes, a significant constituent of society, did not get recognition or reservations. The Other Backward Classes (OBC) were not a legal category until the Mandal Commission report was implemented in the 1990s.

Further, the last decadal census that considered the caste composition of India was released in 1931. At the time, the proportion of backward classes was 52%, which the Mandal report relied on. It became the basis for ensuring 27% of reservations in the 1990s to the backward classes. These classes were identified based on social and educational backwardness, thus beginning India’s post-independence journey in affirmative action.

But reservations, for any social group, have always been an eyesore to a large section of Indian society. Groups such as “Youth for Equality”, which stood for the abolition of reservations, spread the idea that reservations have allowed undeserving people to find jobs at the cost of “deserving” ones. The social biases around Dalits and OBCs recently culminated in the deaths by suicide of Rohith Vemula and Darshan Solanki. This bias also formed the base of anti-Dalit violence in the 1980s in Ahmedabad and anti-backwards violence in Gujarat in 1985.

In the meantime, the BJP, using its Hindutva plank, floated organisations like the Samajik Samrasta Manch or Social Harmony Forum to reach the most marginalised sections of society. At an ideological level, the Hindu right-wing has made efforts to attribute the ills of the caste system to the “invading” Muslim rulers—the crux of Hindutva. This effort has paid it rich electoral dividends but did not improve the conditions for the poorest and most marginalised sections. One outcome was that the BJP has been able to score many victories for its leaders from constituencies reserved for the Scheduled Castes and Scheduled Tribes.

The pracharaks and swayamsevaks of the RSS have pursued what is widely known as social engineering in tribal regions, encouraging Sanskritisation without rights and charitable works without demanding the State recognise the rights of the people who live in these backward and remote regions.

It is no surprise that the BJP and its associates also celebrate Ambedkar anniversary with gusto. Yet they undermine the need for a caste census which can pave the way to modify policies which would benefit the marginalised sections in a real sense.

This background makes Congress leader Rahul Gandhi’s recent speech in Kolar, Karnataka, significant. He has asked for a population census and said the results of affirmative action are not visible in the top bureaucracy in the Union government, as hardly 7% belong to the most marginalised or backward sections. He said the findings of the 2011 caste census, conducted when his party shared power with other constituents of the United Progressive Alliance, must be made public. He said, “The data will provide evidence if OBCs, Dalits, and Adivasis don’t have enough representation in the country’s politics proportionate to their population.” Share in power and representation proportionately to their share in the population is a long-standing slogan and demand from India’s disadvantaged communities.

In contrast, the BJP is trying to dodge the issue. The party did not want a caste census and pleaded in the Supreme Court in 2021 that such a census would be “administratively difficult and cumbersome”. It said it was a “conscious policy decision to exclude such information from the census purview”. Its position has not changed. The real intent of the BJP vis-a-vis social justice becomes apparent when it makes crucial decisions.

During the last nine years, it introduced reservations for the Economically Weaker Section or EWS, a category that dilutes provisions for the non-elite castes and social groups. It is widely understood that the EWS category will help the better-off members of elite caste groups whose income is below a generous Rs 8 lakh a year cut-off. The BJP wants to obfuscate the fact that economic status was never a criterion to provide or deny reservations. Reservations in India are based on historical discrimination (for the Scheduled Castes), geographical remoteness (for the Scheduled Castes), and social and educational backwardness (for the OBCs). But the BJP wants to nullify caste as a category for people wishing to improve their societal position.

Its constructed biases are why the BJP faces the charge that Ambedkar’s principles don’t matter to it. Hindu-nationalist politics could spread widely precisely because it opposed the growing assertion of the Scheduled Castes, Scheduled Tribes, and backward sections. Its foundational ideological pronouncements glorified holy tomes and traditions that boost traditional caste and gender hierarchies. A genuine assessment of the population of different marginalised sections is needed to modify our policies and bring society’s uneven and unequal growth on the path of equality.

Numerous and relentless deaths of students from non-elite castes studying in top educational institutions and allegations that caste-based discrimination led to these deaths should awaken us to combat caste-based discrimination. India must strive for a future where the annihilation of caste is the central credo of society.

The author is a human rights activist and taught at IIT Bombay. The views are personal.

Courtesy: Newsclick

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Is there Social Justice in the Digital Economy? https://sabrangindia.in/there-social-justice-digital-economy/ Sat, 20 Feb 2021 04:38:48 +0000 http://localhost/sabrangv4/2021/02/20/there-social-justice-digital-economy/ Work from home has become the new normal, but this is a luxury only for those who have computes, smartphones and internet access

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social justice

This year the World Day of Social Justice (20 February) is being observed in extremely trying times all over the world. The first signs and cases of the pandemic had already gripped parts of the world in December 2019; but it was not until after the middle of February 2020, did the seriousness of the situation actually set in. Governments everywhere, UN agencies like the World Health Organization (WHO), went into a frenzy. The concerted effort was not only to stop the deaths, to contain the pandemic Covid-19 but also to find effective preventives and cures to address what is regarded as the deadliest virus to hit humankind in recent times.

In a matter of time, nations and cities were locked down; international and domestic travel was stopped; factories, offices, educational institutions closed. All normal routine life which most took for granted – was either woefully disrupted or came to a grinding halt. Economies, particularly of the poorer nations, were shattered. For almost a year now a ‘new normal’ began to emerge: it is called ‘work from home’ (WFH); in short, it meant you needed to have a digital device: be it a computer or a smartphone and of course, a good, stable internet connectivity. So, millions of people found some solace in this; students had online classes, discussions and even official meetings took place over webinars.

A whole range of challenges and social concerns thus emerged due to this latest form of work: what about those whose lives and livelihoods are centred on daily physical presence: workers on a building construction site or for that matter, a street hawker? What about those who cannot afford to buy one of these sophisticated gadgets or who do not have access to good internet connectivity? Whilst the pandemic created the environments of remote working by digital platforms, it also caused a digital divide as there were several factors that detrimentally influenced labour opportunities. It is appropriate then that the theme chosen for World Day of Social Justice is A Call for Social Justice in the Digital Economy’, with a view to address the challenges and concerns.

The introduction to the theme states, “The digital economy is transforming the world of work. Over the past decade, expansion in broadband connectivity, cloud computing, and data have led to the proliferation of digital platforms, which have penetrated several sectors of the economy and societies. Since early 2020, the consequences of the Covid-19 pandemic have led to remote working arrangements and allowed for the continuation of many business activities, further reinforcing the growth and impact of the digital economy. The crisis has also laid bare and exacerbated the growing digital divide within, between and across developed and developing countries, particularly in terms of the availability, affordability and use of information ICTs and access to the internet, deepening existing inequalities”.

The hi-tech elite will surely point out to the many positives in a digital economy; one can surely go on ‘ad nauseam’ highlighting some of the benefits accrued because of the digital platforms to this modern age. Unfortunately, an objective and a more dispassionate look into reality, will clearly show the negative impact the digital economy has on millions of people: the casual workers, the migrant workers, the small entrepreneurs and other subalterns who have suffered immensely this past year. They have all fallen victims to newer forms of injustice which though not very visible, are as brutal and oppressive as the more traditional and obvious ones.

The ordinary labourer is the most affected by the digital economy. One of the most pathetic sights on the TV screens and the print media was to see pictures of migrant workers from several of the big cities walking back to their homes in the rural areas, in the height of the pandemic.  Many of them, for want of public transportation, had to trudge back miles because of the lockdown. The urban informal sector was badly hit everywhere. These were ordinary men and women, for whom digital platforms mean absolutely nothing. Their work is of a physical nature, most of them are location-based, earn a daily wage, live frugally and save a little for their families who in most cases, live in rural areas. Millions of workers lost their jobs overnight; even on their return, in some states like UP and Gujarat they had to agree to new policies with longer hours of work, with lesser wages and without access to a trade union. The three labour codes, which are blatantly anti-worker, were shoved down by an uncaring Government and their crony capitalist friends during the pandemic.

In his pathbreaking Encyclical of 1891, ‘Rerum Novarum’, Pope Leo XIII wrote “When there is question of defending the rights of individuals, the poor and badly off have a claim to especial consideration. The richer class have many ways of shielding themselves, and stand less in need of help from the State; whereas the mass of the poor has no resources of their own to fall back upon, and must chiefly depend upon the assistance of the State”. One hundred years later, in 1991, later (now Saint) John Paul II in his encyclical ‘Centesimus Annus’ said, “Justice will never be fully attained unless people see in the poor person, who is asking for help in order to survive, not an annoyance or a burden, but an opportunity for showing kindness and a chance for greater enrichment”.

Last May, Pope Francis spoke very strongly about the plight of the migrant workers saying, “I want to defend all exploited workers and I invite everyone to turn the crisis (the pandemic) into an occasion where the dignity of the person and the dignity of work can be put back at the centre of things.” Fifty years ago, the 1971 Synod of Bishops on ‘Justice in the World’ ushered in a watershed moment for the Church. The Synodal document stated that, “In the face of the present-day situation of the world, marked as it is by the grave sin of injustice, we recognize both our responsibility and our inability to overcome it by our own strength. Such a situation urges us to listen with a humble and open heart to the word of God, as he shows us new paths toward action in the cause of justice in the world.” A call so painfully relevant today.

Another dimension which needs to be addressed, where the digital economy is concerned, is called ‘digital fascism’. We are experiencing a painful explosion of this fascism in India in the recent past. It is a fascism which spews hate, is divisive in nature and keeps large sections of the population in a state of impoverishment and with the denial of human rights. In an excellent analytical article in the popular online portal ‘Counterpunch(18February 2021) entitled ‘What Is Digital Fascism?’, authors Thomas Klikauer  and Norman Simms write, compared to the classical type, digital fascism may well be furnished with the greatest propaganda machine the world has ever seen – the Internet. Unlike, classical fascism which used printed newspapers and radio, digital fascism transmits its hate messages through the Internet”; they go on to add, “digital fascism thrives on political half-truths, bull shit, accidental misinformation, deliberate disinformation, apocalyptic end-of-the-white-race delusions, rumours, innuendo, hate campaigns, falsehoods, crank palaver, and, of course, the infamous conspiracy theories which in reality have never been “theories” but are conspiracy fantasies”.

‘Digital fascists’ are able to plant fabricated yet incriminating ‘evidence’ in the computers of human rights defenders and dissenters. This has been meticulously revealed in the explosive report recently released by Arsenal Consulting, a Massachusetts -based digital forensic company. Arsenal has found that malware was used to insert incriminating letters and other documents into the computer of Rona Wilson, a prisoners’ rights activist. Wilson is one of the sixteen incarcerated in the Bhima -Koregaon conspiracy case. It goes without saying that similar ‘evidence’ is also planted in the computers of the others.  Then we have the other cases of environmental activist Disha Ravi and others who apparently used a ‘tool-kit’ in tandem with Greta Thunberg; suddenly the godified fascist media is all in a frenzy with all kinds of allegations of sedition, anti-national activities and so on. Fascists are also very selective the so-called celebrities who vociferously posted protest tweets prior to 2014 when the UPA Government was in power against the petrol hike at that time- does not dare protest when the price of fuel has reached an all time high of Rs 100/- per litre and at a time when the global prices have plummeted rock-bottom

 

Klikauer and Simms underline this saying, “So far the conflict lies between an open society with free speech at its core, on the one side, and a closed one where right-wing extremists to use the same online platforms to destroy it. These fanatics replace them with anti-democratic and above race-based media remains unsolved. But how this comes about remains an unsolved mystery. Perhaps, it is just as Hitler’s Reich Minister of Propaganda, Joseph Goebbels, once said, “It will always remain one of the best jokes of democracy, that it gave its deadly enemies the means by which it was destroyed.“ Today, it seems that democracy will give its deadly enemies (digital fascists) the means (e.g., Facebook) which these fascists will use to destroy democracy. Unfortunately, this is no joke”.

The digital economy has therefore thrown up a plethora of justice related issues; a similar reality emerged in the wake of the industrial revolution. What happens to those for whom digital platforms make   no sense?  For many it is not about possessing a mobile phone but if that gadget can earn them their daily wage.  What about those who are selectively targeted by digital fascists? The UN hopes that this year’s commemoration of World Day of Social Justice would support “efforts by the international community to search for solutions to achieve sustainable development, poverty eradication, the promotion of full employment and decent work, universal social protection, gender equality and access to social well-being and justice for all. Consequently, it aims at fostering dialogue with member States and relevant UN institutions and other stakeholders on actions needed to overcome the digital divide, provide decent work opportunities, and protect labour and human rights in the modern era of digital technologies”.

To make this lofty ideal a reality, will certainly need not only a political will but the active collaboration and commitment of all people of goodwill. Given the sad reality that in India and in some other countries of the world fascism is on the rise, the one question which needs to be put and answered on World Day of Social Justice: Is there Social Justice in the Digital Economy?

 *(Fr Cedric Prakash is a human rights, reconciliation and peace activist/writer. Contact: cedricprakash@gmail.com )

More by Fr. Cedric Prakash:

Stand with Stan, Now!

Indian Civil Society is being Murdered!

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Classical Voice For Social Justice https://sabrangindia.in/classical-voice-social-justice/ Sat, 28 Sep 2019 06:52:18 +0000 http://localhost/sabrangv4/2019/09/28/classical-voice-social-justice/ Art is the intellectual foundation of social change. Artists not only document social change; they promote, inform and shape it. Whether through music, plays, photography, paintings, films, poetry, sculpture, or hip-hop, art is powerful. Music is one of the most popular mediums of arts. We have seen Pete Seeger who has always used his songs […]

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Art is the intellectual foundation of social change. Artists not only document social change; they promote, inform and shape it. Whether through music, plays, photography, paintings, films, poetry, sculpture, or hip-hop, art is powerful.

Music is one of the most popular mediums of arts. We have seen Pete Seeger who has always used his songs as a language of protest.

Another American folk musician Joe Glazer who talks about the struggle of the working class in his song. The Dylan-Baez pair also raised questions about social justice. It cannot be denied that anti-imperialist consciousness works among Latin American artists. From a very popular song on the internet called Latinoamérica [1] (137 million views) which I translate and quote-

” You can’t buy the sun.
You can’t buy the rain.
You can’t buy the heat.
You can’t buy the clouds.
You can’t buy the colors.
You can’t buy my happiness.
You can’t buy my pains.”

We can also talk about Canadian rapper Baba Brinkman who sings “Oh sinner man, where you gonna run to? [2] ” to tackle climate change. Médine is a French rapper who wants to illustrate the idea of secularism with his song titled  Don’t Laïk [3]. He places great emphasis on Muslim religious identity of France. The rappers paint a picture of the place.They talk with their art about being shut out. They  plead for recognition. They mourn the violence in their midst, the constant police attacks and the agony of joblessness. Lettre à la République [4], which questions the authority about oppression, discrimination and racism. Another song named Don’t Shoot [5] portrays arbitrary shooting of black American people. The rap expresses  their agony after the killing of Michael Brown[6]in the United States.

On August 23,  Carnatic classical musician, writer and social activist T.M. Krishna was part of an interaction titled Social Justice and the Arts with social activist and environmentalist Nityanand Jayaraman at Jadavpur University. In India, we have seen the language of protest in the music. But the speaking about social justice with classical music has never been witnessed before. Krishna blends the classical Carnatic music with burning social issues especially environment. Krishna and Jayaraman talk a lot about the duo’s work. He moves out of his comfort zone and makes Kodaikanal Still Won’t [7]with Shofia Ashraf. The song protests against the mercury mess of Unilever Company in Kodaikanal. Orur Olcott Kuppam Vizha [8] is the arts festival, which is being held for years in the fishing village of Urur Olcott Kuppam near Besant Nagar, Chennai. They coordinate the most unique arts festival Vizha, which welcomes the new talents. The Vizha that is pushing boundaries, redefining arts and cultures.

Urur Olcott Kuppam, a centuries-old fishing village, is known to few people, labelled as ‘poromboke’. Popular discourse turns the place ‘poromboke’ which had become a bad word used to describe worthless people or place. ‘Poromboke’ is an old Tamil word means shared community resources like grazing lands, water-bodies and seashores that are not estimated for taxation purpose. Jayaraman explains the transformation, which is well explicable to us. The common shared place has no market price, so it is considered as worthless . In the name of ‘development’ the system entertains the people from the creamy layer of the society. Jayaraman unfolds this argument with exemplar of proposed superfluous overpass over Urur Olcott Kuppam village.

Krishna sings the ‘Poromboke’[9] song in the classical Carnatic form to nourish the movement to save the Ennore creek and surrounding water-bodies. He wears a mask in the video of the ‘poromboke’ song that signified the pollution in the atmosphere. The song concludes that human beings are made of simple resources from nature. The song questions the audience after giving the thought-

“How about you?
Are you poromboke too?
I certainly am poromboke!”

Bengaluru based Bharatnatyam exponent Suhasini Koulagi performs beautiful dance on his poromboke song. The video [10] was shot at Mavalli garbage dump, Mavalli mining area, Vrishabhavathi river ( Kengeri Drainage), Cantonment slum and Hulimavu lake. Koulagi raises voice through her bit on environment of these areas of Bengaluru. The most challenging part for her was looking for Bharatanatyam gestures for the modern lyrics but she did it successfully.

Krishna says that classical music is bound with their older traditions. It has certain limitations. He wants to break the barrier redefining the classical form of music. Krishna has been criticised for his experimental and progressive works.

The Vizha festival is a platform where anyone can go beyond the bar. He talks about sound, which helps the people to think that is music. The ‘sound’ which do not help people to think that is ‘noise’. Krishna says that artists are not special entity, they are like other general people of the society. Unification of different types of music is a very bad idea according to Krishna.

Krishna breaks the typical idea of classical music to contribute towards the society. They consciously perform on the outskirts of the city to make interaction with ‘backward’ people. Jayaraman designs the performing arts with Krishna’s wonderful classical Carnatic music. They make a barricade with their arts which portrays the parallel objectives.

References

[1] https://youtu.be/DkFJE8ZdeG8
[2] https://youtu.be/d0awFSnTeI4
[3] https://youtu.be/E7B45h_lAEk
[4] https://youtu.be/gp3XZDK7Lw4
[5] https://youtu.be/N-QWI-Iy1ns
[6]www.theguardian.com/us-news/2019/aug/10/ferguson-five-years-on-from-the-police-shooting-of-michael-brown
[7] https://youtu.be/UhZz5vKi01c
[8]https://www.theweek.in/webworld/features/society/urur-olcott-kuppam-vizha-taking-art-beyond-borders.html
[9] https://youtu.be/82jFyeV5AHM
[10] https://youtu.be/eFaL3PUKgYg

Abu Sufian Mondal is currently pursuing his BA Comparative Literature degree from Jadavpur University.

Courtesy: Counter Current

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Undermining the Constitutional thrust on social justice, NEP 2019 raises serious questions for educationists https://sabrangindia.in/undermining-constitutional-thrust-social-justice-nep-2019-raises-serious-questions/ Mon, 15 Jul 2019 07:40:22 +0000 http://localhost/sabrangv4/2019/07/15/undermining-constitutional-thrust-social-justice-nep-2019-raises-serious-questions/ NEP 2019: The devil in the detail Image Courtesy: The Hindu The draft National Education Policy 2019 systematically evades the Constitution’s focus on social justice in educational institutions. It seeks to have power concentrated in an overpowering authority in order to keep the deception of having generated a level playing field within a fundamentally unequal, […]

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NEP 2019: The devil in the detail

Image result for NEP 2019: The devil in the detail
Image Courtesy: The Hindu

The draft National Education Policy 2019 systematically evades the Constitution’s focus on social justice in educational institutions. It seeks to have power concentrated in an overpowering authority in order to keep the deception of having generated a level playing field within a fundamentally unequal, unjust and discriminatory social system.Can one hope that “the Draft National Education Policy 2019” will be the foundation on which the education policy of the Narendra Modi-led National Democratic Alliance government would be conceived, articulated and comprehended? Will it provide justification for some of the sweeping strides already taken by the Government of India (GOI)—the massive cuts in budgetary allocations for both school and higher education with corresponding schemes for “rationalisation” of government schools through merger/closure of well over one lakh schools across the country, and the slashing of seats in public-funded higher education institutions while declaring at the same time that a non-existent “initiative” by a private corporate be recognised as an “institution of eminence”? Or will it be yet another smokescreen behind which different agendas are being furthered?

Dr K. Kasturirangan, chairperson of the “Committee for Drafting the National Education Policy”, is hardly reassuring in his Preamble to the Draft. Assuming that he would only have to build on the report submitted by T.S.R. Subramanian, who had chaired the “Committee for Evolution of the New Education Policy”, and the Ministry’s subsequent “Some Inputs for the Draft National Education Policy 2016” from the Human Resource Development (HRD) Ministry, he had agreed to submit it within six months (emphasis added, throughout). However, as he began to get “a sense of the members… with their rich and unique insights into our society and its implications for education”, he realised that “this Committee was going to be ‘out-of-the-box’ in its thinking”. Hence the two-year delay in preparing the draft.

The “completely new and far-sighted policy” to change the “educational landscape” and prepare the youth to meet “present and future challenges” is said to be guided by the goals of “access, equity, quality, affordability, and accountability” and will look at education as a “single organic continuum from pre-school to higher education”. Ensuring universal access to education of “high quality” is stated to be the draft’s topmost priority, as quality and equity are “considered central to sustainable development, achieving success in the emerging knowledge economy and society…and for building an equitable, just and humane society”.

The following recommendations are welcome: renaming the HRD Ministry as the Ministry of Education; the emphasis on teacher education; extension of coverage of the Right to Education (RTE) Act, 2009, and the mid-day meal scheme to include pre-primary on the one hand, and up to Class XII on the other; review of the amendment to the RTE Act’s no-detention policy up to Class VIII and the conception of the education system as an organic continuum from pre-primary to higher education. Regrettably, providing an “exit” point from Class VIII itself without demanding a complete ban on child labour is problematic as the current child labour laws allow children to work in “family” enterprises from 10 years onwards, reinforcing both caste-based occupations and economic exploitation. However, two fundamental contentions require to be probed as they apparently undermine the laudable objectives of the draft.

The first springs from a cavalier attitude to the Constitution using a selective quotation from Dr B.R. Ambedkar that the “working of a Constitution does not depend wholly on the nature of the Constitution….”

The second claims that what we have “so far not recognised is that there are a multiplicity of agencies and individuals in this country who will come forward willingly with their support if they are convinced that there is sincerity and honesty and an ethical approach to building a knowledge society”.

The republican Constitution of India is the outcome of a protracted and wide-ranging struggle against British imperialism. It was committed to the creation of a modern, independent nation and society in which the rights of all persons would be recognised and upheld. The nation-state is constitutionally obligated to defend and further people’s rights irrespective of caste, creed, region, language, gender and disability.

In particular, the state is obliged to ensure and safeguard the rights of those sections who, for centuries, have been traditionally relegated, often with strict religious sanctions, to a “depressed” status in the interest of dominant castes and communities. Consequently, in the education sector, special provision for “reservation” in post-secondary education and subsequent employment were made for the Scheduled Castes and the Scheduled Tribes (S.C. and S.T.) and extended to cover Other Backward Classes (OBC) following the implementation of the Mandal Commission recommendations. Despite these measures, the educational status of these sections and that of the Muslim minority remains distressingly low. Between 6 and 10 per cent are able to complete Class XII and hence over 90 per cent do not even become eligible for reservation.

Silent on reservation

Yet, the draft, which also refers to relevant Unified District Information System for Education (U-DISE) data for 2016-17, is shockingly silent on the issue and systematically evades the Constitution’s focus on social justice in educational institutions. The issue of making provisions for challenging and countering caste-based discrimination and oppression is absent from the document. In fact, the word “caste” itself has been used perhaps only twice in the draft and that too in a perfunctory listing of categories. The “reservation” policy is not referred to even once and the draft consistently emphasises the so-called “merit-based” criteria for admissions at all levels of post-secondary education, including the mandatory BEd for teacher training; for scholarships, for financial and other forms of aid on the basis of “socio-economic backwardness”; for the selection and appointment of faculty and for promotions during their career. How such a “meritorious knowledge society” can be created without addressing the issues of centuries of exclusion and oppression of the lower castes, of gender discrimination, of communal hostilities and tribal marginalisation appears to be a matter of little concern.

Unfortunately, the draft neglects to quote Dr Ambedkar on this question. Speaking in the Bombay Legislative Council, he unambiguously stated that “if all these communities are to be brought to the level of equality, then the only remedy is to adopt the principle of inequality and to give favoured treatment to those who are below level”.

Although it is recognised that “under-represented groups”—a euphemism for the “excluded” categories of persons—constitute a major deprived section of Indian society and require attention, no specific provisions by the Central and State governments are envisaged for them in the draft. It merely states that giving complete autonomy to private institutions of higher education may “encourage” them to voluntarily make some provision “either within or outside of CSR [corporate social responsibility]”.

The draft’s approach is particularly provocative as it comes in the wake of the institutionalised “murder” of research scholar Rohith Vemula (University of Hyderabad) which led to widespread and angry protests from all democratic sections. The GOI brazened it out as two of its Union Ministers were directly implicated in goading university authorities to ignore the legitimate grievances of the Dalit scholars. This was followed by the suicide of a 17-year-old Dalit student, S. Anitha, from Tamil Nadu after her petition against imposing the National Eligibility cum Entrance Test (NEET) for admission to Tamil Nadu State government medical colleges was rejected by the Supreme Court. In her moving statement, Anitha had questioned the justice of expecting those who had been consistently denied equal opportunities to “compete” with the privileged for admission. Just recently, Dr Payal Tadvi, a second-year tribal student pursuing her postgraduate medical education, was driven to suicide because of constant harassment and persecution by upper-caste seniors at her Mumbai hospital.

These prominent cases are only the tip of the iceberg behind which lie the barely registered suicide deaths of several thousands of students from marginalised communities in higher education institutions as the combined result of socially discriminatory practices and insensitive responses from peers, faculty and administrators. One would have expected the draft to do a sustained analysis of this clearly problematic situation and offer recommendations appropriate to its urgency and gravity.

Instead, we have a sanitised assertion that students from “socio-economically disadvantaged backgrounds require particular encouragement and support to make the transition to higher education successfully. …Universities and colleges must be required to set up high quality academic support to educationally disadvantaged groups and must be given adequate funds and academic resources to carry this out effectively” (page 241). This appears both exasperating and even offensive as there is a constant and self-conscious endorsement in the draft of “ancient” educational forms such as the caste-based gurukula, which is prominently eulogised among a list of “religious schools”.

Further, the term “Indian” as it is used to describe culture, civilisation, educational institutions and principles and the “India centred” vision of the draft make it difficult to escape the conclusion that the “Hindutva”/“Manuvadi” identification is being propagated as fundamental to Indian identity and nationhood. For example, in order to give legal studies the “necessary social relevance and acceptability”, framers of the law curriculum are advised to “fall back upon the culture and traditions of people, the history of legal institutions and the victory of ‘dharma’ over ‘adharma’ writ large in Indian literature and mythology” (para 16.7.1).

Promotion of Hindi & Sanskrit

Although references are made to the universities of Nalanda and Takshashila, and the draft’s goal is proclaimed to be “inspired” by both Nalanda and the Ivy League Schools, the plurality of India’s diverse sociocultural forms, languages, practices and beliefs are consistently downgraded by being referred to as “local”, “regional” and “State-level” to distinguish them from what is asserted as the dominant “Indian” identity. Thus, the draft recommends that promotion of Hindi and Sanskrit will be the Central government’s responsibility because these languages are not “restricted” to one State or community. The other Indian languages of the Eighth Schedule will remain only within the jurisdiction of their respective State governments. Perhaps this explains why the voluminous draft has been made available only in Hindi and English. Given the limited time to respond to the draft, it would be difficult even to arrange for translations in any other Indian language.

The treatment reserved for Sanskrit makes the neglect even clearer. Stated to be an “important modern” and functioning Indian language so that it can be propagated under the three-language formula along with Hindi and English, it is further privileged by claiming it as the classical basis for most other Indian languages. Its pre-eminence is thereby asserted over other “regional” or “community”-specific classical languages whereas, in fact, it is Brahmin dominance and the “standardisation” of other Prakrit languages that have contributed to their “sanskritisation” over centuries.

Multiple Agencies

Consider next the proposed role of multiple agencies, including religious, private corporate and/or philanthropic ones, in making provision for education. The need to find funding and “to find it quickly” seems to be a primary motive, but the experience so far with high fee-charging private schools and private universities has been less than inspiring as an important means for furthering access to education. The public-private partnership (PPP) model has become associated with the commercialisation of education. The draft’s solution is to substitute “Public Philanthropic Partnership” for the earlier PPP, but no attempt at regulation is proposed as it is suggested that “autonomy” will allow space for private “partners” to voluntarily rationalise costs and fee structures imposed on students.

Even low-budget private schools that are depleting public funds through reimbursement for enrolling students from the economically weaker sections under the RTE Act have proved to be inadequate as the majority of them have failed to meet the standards laid down in the Act and are now engaged in demanding that conformity to these norms be dropped so that students are not denied education. Significantly, the draft proposes that there should be no rigidity in observing the “input” norms prescribed by the RTE Act. The emphasis in government schools, it is argued, should be more on “outcomes” in order to improve learning skills.

Other agendas can also be well-served. Multiple agencies can run seamlessly with total autonomy within the structure of the public-funded system, but in what is truly novel for India today, they can also run parallel to it. In a little-noticed move, in February 2019 the Central government gave sanction to a private “Bharatiya Shiksha Board” (BSB), which had earlier been cleared by the Maharshi Sandipani Rashtriya Vedavidya Pratishthan (MSRVP), a fully funded autonomous body under the HRD Ministry working on promotion of “ved vidya”. The BSB will be funded, designed and managed by Ramdev’s Patanjali Yogpeeth. Like any other school board it will draft the syllabus, conduct examinations and issue certificates. Once established, it is likely to benefit educational institutions such as Acharyakulam, Vidya Bharati schools (run by the Rashtriya Swayamsewak Sangh) and gurukulas run by the Arya Samaj, allowing them to sustain their model of education up to Class XII, something which school boards like the Central Board of Secondary Education (CBSE) did not permit so far.

Alongside these institutional channels, the draft also recommends inducting “volunteers”, non-governmental organisations and “social workers” through a National Tutors Programme (NTP) for retaining a close tutoring relationship with government school students on the one hand and adults in the literacy/continuing education programme of the Adult Education Centres (AEC) on the other.

It is clear that such an open-ended system will be almost impossible to monitor both for its adherence to the goals set by the draft for the education system or for the public funds and assets that it will become possible to assign to these diverse private players.

Rashtriya Shiksha Aayog

The draft’s crucial recommendation for setting up a supreme policymaking and oversight body for the entire education system, the Rashtriya Shiksha Aayog (RSA), is a singularly unimaginative and centralising solution to the problem of holding together a nationwide system of public/private school complexes—the “smallest unit of management”, and colleges and universities that are autonomous and empowered to combine curricular, administrative and financial elements within a single entity. This demands credible accountability procedures, and once again the draft resorts to the unimaginative but market-friendly one-size-fits-all remedy. All provision of education, regulation, standard setting, accreditation and funding will be undertaken by separate entities.

The deception of having so generated a level playing field within a fundamentally unequal, unjust and discriminatory social system is clearly in need of the “authority” rather than the “vision” of the Prime Minister as Chairperson of the RSA, and within the Prime Minister’s Office, that is, within the leadership of whichever regime is currently occupying the highest level of political office, to keep it all in place. All the bodies determining “accountability” are, of course, to be appointed by the RSA.

However, constitutional provisions are violated by this concentration of power. Education comes under the Concurrent List, and the Centre cannot override the powers of the States either in determining or in regulating education which are the prerogative of State governments and legislatures both of which are finally answerable to the people of the State concerned.

The impact on the education system itself is also extremely negative. The necessary autonomy and independence of the education system from direct political or bureaucratic control is seriously undermined by the proposed RSA. The report of India’s first Education Commission, the Kothari Commission, emphasised that teachers and students constituted a “learning society” with “shared” (but not uniform) “goals” which they must be left to pursue with as much academic freedom as possible, retaining their independence from interference by political and market forces, from pressures of governmental, administrative and financial intervention, and the prejudices of socio-religious ideologies.

Unfortunately, the draft fails to defend the learning society on every one of these counts.

(The author is Member Presidium, All India Forum for Right to Education (AIFRTE); the article first appeared here and is bein published here on the express request of the author)
 

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