Upper Caste | SabrangIndia News Related to Human Rights Tue, 10 Jan 2023 04:51:48 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Upper Caste | SabrangIndia 32 32 79% of High Court Judges Appointed Between 2018-2022 Upper Castes: Law Ministry https://sabrangindia.in/79-high-court-judges-appointed-between-2018-2022-upper-castes-law-ministry/ Tue, 10 Jan 2023 04:51:48 +0000 http://localhost/sabrangv4/2023/01/10/79-high-court-judges-appointed-between-2018-2022-upper-castes-law-ministry/ The figure comes from a Ministry report aimed at highlighting how the collegium has not been successful in ensuring diversity in the appointment of judges. Representational Image. Image Courtesy: iStock According to Indira Jainsing, in an article written on December 26 for The Leaflet, “The Supreme Court faces an existential crisis in the face of the attack […]

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The figure comes from a Ministry report aimed at highlighting how the collegium has not been successful in ensuring diversity in the appointment of judges.

UP: Agra Lawyers Deny Legal Help to Sedition-Charged Kashmir StudentsRepresentational Image. Image Courtesy: iStock

According to Indira Jainsing, in an article written on December 26 for The Leaflet, “The Supreme Court faces an existential crisis in the face of the attack it is facing under the ruling dispensation. It is now more than obvious from the speeches made by the Union Law Minister and the Vice-President that the Collegium is under attack. While the system requires bearing in mind the need for diversity of judicial appointments, surely the cure is worse than the disease.”

In such a background, as per A report published in The Times of India (TOI), the issue of the unequal representation of backward and minority communities in the higher judiciary is evident from the fact that 79% of all high court judges recruited in the last five years (2018-2022) are from upper castes is making headlines in media reports. According to TOI reports, the shocking figures have been revealed by the Union Law Ministry in a presentation before a parliamentary panel.

The Law Ministry made the above disclosure before the Parliamentary Standing Committee on Law and Justice and pointed out that despite three decades of the existence of the collegium system of appointment of judges, the social diversity in the higher judiciary, which was initially devised by the Supreme Court, is completely missing in these appointments.

This fact is shocking to all that the appointments made in the 25 High Courts of the country are mostly from the upper castes. It refers to “discrimination” in appointments to the institution, with the Other Backward Classes (OBCs), who account for more than 35% of the country’s population, accounting for less than 11% of appointments to benches and seats in constitutional courts.

Another aspect of this alleged discrimination is that of the total 537 judges appointed to the High Courts since 2018, only 2.6% have been appointed from the minority community. Similar is the story of the Scheduled Castes and the Scheduled Tribes, ranked at 2.8% and 1.3%, respectively.

According to the Law Ministry, “Addressing the issue of social diversity and social justice in the process of appointment to constitutional courts is the primary responsibility of the Supreme Court Collegium and the High Court Collegium.” 

The Law Ministry, while stating the above position before the panel, expressed its helplessness and said that priority had been given to the judiciary in matters of appointment of judges. Therefore it needs to be addressed by the judiciary itself. 

A collegium of judges functions at two levels – the Supreme Court and the High Courts. While the 4-member Supreme Court collegium, headed by the Chief Justice of India, prepares proposals for appointing judges to the apex court, the 3-member Collegium of high courts, headed by chief justices, recommends the names.

Through letters to the Chief Justice and Chief Justices, the Law Ministry has stressed the need to “address the issue of social diversity and social justice” in the higher judiciary. In its presentation before the Parliamentary Standing Committee on Law, it noted that the primacy of the Collegium in the appointment of judges had not removed the existing disparity. It states, “The government appoints only those people as judges of the Supreme Court and High Courts, who are recommended by the respective Court Collegium.”

The Ministry, however, has also clarified that the principle of appointment of High Court Judges, as per Articles 217 and 224 of the Constitution, “does not provide for reservation for any caste or class of persons. It has been urging the Chief Justices that while sending proposals for the appointment of judges, due consideration should be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities and women to ensure social diversity.

Whenever the Supreme Court Collegium sends recommendations, the Law Ministry examines them, and the Intelligence Bureau conducts a background check of the recommended candidates, and then a detailed report including the High Court Collegium’s recommendations is sent to the Supreme Court Collegium for their advice. Then after the names are cleared by the Supreme Court collegium, the central government notifies the appointments.

In case of disagreement between the government and the apex court, the government sends back such names to the SC collegium for reconsideration. But once the SC collegium reiterates the same name, the government is bound to appoint that person as a judge per the existing collegium system.

SITUATION SIMILAR IN OTHER INSTITUTIONS

This situation is present not only in the courts, where there is no reservation provision. The situation is more tragic in those institutions where reservation exists for the disadvantaged sections. It is the constitutional responsibility of the institutions to fill vacancies in these sections. For example, in the case of AIIMS, out of 1,111 faculty positions, a total of 275 positions for assistant professors and 92 positions for professors lay vacant. However, following media reports, the Parliamentary Committee stated in its report that despite being qualified, competent and experienced reserved category doctors were not being appointed to faculty positions.

A similar case was also found in the media. A report released by Oxfam India-Newslaundry showed that upper-caste people hold 90% of top media positions in India. The shocking fact is that not a single dalit or adivasi is not part of the mainstream media leadership.

From the above facts, one can guess that discrimination against dalits/tribals is institutional and systematic, but minorities and other backward classes are also victims of it. Even in the ‘golden age of independence’, these sections are fighting for their existence, and the funny thing is that no one is listening.

Courtesy: newsclick.in

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Rajasthan Police files chargesheet in minor Dalit boy’s alleged murder by teacher https://sabrangindia.in/rajasthan-police-files-chargesheet-minor-dalit-boys-alleged-murder-teacher/ Wed, 07 Dec 2022 07:54:25 +0000 http://localhost/sabrangv4/2022/12/07/rajasthan-police-files-chargesheet-minor-dalit-boys-alleged-murder-teacher/ The Dalit boy was allegedly beaten ruthlessly by a teacher for drinking water from a Matka meant for the Upper Caste

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Dalit Boy
Image Courtesy: tv9hindi.com

Jalore Police has filed a chargesheet against the teacher who allegedly beat up a 9-year-old Dalit boy for drinking water from a pot meant for “upper castes”.

Indra Kumar Meghwal, who was allegedly beaten by his teacher,Chail Singh,died in August this year. The Rajasthan Police have now filed a charge sheet in the case. His family claimed that Meghwal was beaten by his upper-caste teacher at a private school when the teacher spotted the young Dalit child drinking water from a matki (earthen pot) intended for the (upper caste)teacher, and became enraged at the same. The child succumbed to his injuries later.

Chail Singh, the accused teacher, has been charged by the police under the Juvenile Justice Act, the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, and Section 302 of the IPC, which deals with murder.

The police have not yet discovered any evidence indicating that the boy was beaten up for consuming water from the matki, as told by the case’s investigating officer,  Additional Superintendent of Police Deva Ram Choudhary to the Indian Express. The inquiry into the matki-related issue is still ongoing.

The chargesheet mentions that further investigation is being conducted on certain points of the case under Section 173 (8) of the Code of Criminal Procedure (CrPC).

According to the chargesheet, as reported by the Indian Express, the accused Chail Singh had beaten up and injured deceased Indra Kumar in the school on July 20, on the basis of statements of eyewitnesses, the audio of the conversation between the accused and the father of the deceased in which the accused admits to hurting the deceased, and testimonies of other teachers of the school.

The chargesheet also states that Meghwal’s doctors claimed that the formation of a blood clot had led to his death. The doctors said that a blood clot had formed in an artery that delivers blood to the brain near the neck, which caused an infection in the brain, ultimately leading to Indra Kumar’s death. Additionally, the doctors also suggested that it’s possible that the blood clot formed after the deceased suffered an injury. On the basis of this evidence, Chail Singh has been charged.

According to the Meghwal family’s continuing claim, the young kid was beaten up for drinking water from the earthen pot. The complainant in the case and Meghwal’s uncle, Kishore Kumar, said that they know with surety that Meghwal had been physically assaulted by the teacher for drinking water from the matki, as was reported by the Indian Express. The family further claims that videos of him discussing the incident just before he passed away are also available. If the cause of his death as a result of consuming water from the matki is not mentioned in the final investigation, the deceased’s family will be wronged, says Kumar.

Brief background of the case

According to details available publicly, the 9-year-old Dalit boy was allegedly brutally thrashed by a teacher on July 20, allegedly for touching a pot of water which was apparently only meant for “upper caste”. The boy succumbed to his injuries on August 13 in an Ahmedabad hospital, after being taken to at least six other hospitals in the interim.

It has been alleged by the boy’s father, that when he returned from school, the boy had injuries to his ears and face. Upon being asked about the injuries, the boy told his family that he was beaten up by his teacher. According to the boy’s father, the brutal beating had led to haemorrhage, and the boy’s limbs had stopped working. Singh had also allegedly verbally abused him with castiest slurs.

The accused teacher, Chail Singh was arrested on August 13 after the child’s death and the police have taken statements of his classmates and other students present on that day.

CJP’s complaint to NCSC

Citizens for Justice and Peace (CJP) had filed a complaint with the National Commission for Scheduled Castes (NCSC) seeking greater protection for the family of the Meghwal. CJP’s complaint also seeks stringent action against the alleged perpetrator.

In the petition, CJP has highlighted the plight of the Dalit community living in India. While giving the detailed account of the offence, CJP has further emphasised on the need for providing further protection under the existing law to the victim’s family to ensure that they upper caste do not further harass the family into withdrawing their complaint.

CJP’s complaint states, “We are aware that an offence has already been registered and are simply urging that further protection under the existing law is also provided to the victim’s family.”The complaint lists provisions under Section 15 A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 that provide for “protection of victims, their dependents, and witnesses against any kind of intimidation orcoercion or inducement or violence or threats of violence” as well as right of the victim’s family “to be heard at any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing.”

CJP has urged the Commission to follow the example of the Hathras Rape case, wherein an alleged gang-rape and murder of a 20-year-old woman took place in Hathras in Uttar Pradesh. In the said case, a three-fold protection mechanism had been devised to protect the families of the victim from any kind of pressure. The struggles of many Dalit families who experience atrocities do not end with the crime perpetrated against them. Therefore, keeping in mind the gravity of the situation, CJP has urged the NCSC:

  • to immediately hold an investigation and inquiry into this matter with respect to the acts committed by the accused under the Indian Penal Code, the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989;

  • to monitor the investigation undertaken by the Rajasthan Police and ensure that there is a fast-track trial and speedy delivery of justice;

  • to ensure that the deceased victim’s family receives the necessary relief;

  • to ensure that data on such monitoring is made public digitally and that progress in this case is also visible and made public electronically and digitally.

  • to take any other action as you may deem fit.

CJP’s complaint may be read here:

Related:

Hate Watch: Dalit boy dies after being allegedly thrashed by teacher; cops deny “caste angle”

NHRC takes suo motu cognizance of 9-year-old Dalit boy’s death

Minor Dalit boy killed, CJP moves NCSC for further protection for family

 

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Two young Dalit girls attacked, where is the outrage? https://sabrangindia.in/two-young-dalit-girls-attacked-where-outrage/ Tue, 28 Dec 2021 13:06:59 +0000 http://localhost/sabrangv4/2021/12/28/two-young-dalit-girls-attacked-where-outrage/ Dalit woman abducted and killed, allegedly by "upper caste" men in Bihar; Dalit teen molested in UP

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Dalit women
Image Courtesy:twitter.com

Yet another young Dalit woman’s life was snuffed out, allegedly by “upper caste” men according to her family, and the silence around this case is deafening. According to a report in The Shudra, the shocking incident took place in Vaishali, Bihar.

The 20-year-old Dalit girl had reportedly gone missing in Shahpur village, that falls under the jurisdiction of Tisiota police station. Her family alleged that she was kidnapped and they had complained to the police on December 20. The victim had been reportedly abducted when she went to the toilet, allegedly by “upper caste” men of the same village said to be “Thakurs”. Her mother alleged that “the Thakurs kidnapped her daughter at gunpoint” stated the news report. The woman went looking for her daughter along with some other villagers and alleged that the “Thakur’s shooed her away” and told her that her “daughter would be returned after two days.”

According to the police complaint, on December 26, a group of women who had taken their flock of goats to graze, found a body submerged in a pond. It was later was identified as that of the Dalit girl. Her victim’s mother has reportedly named “Anurag Kumar, Rakesh Chaudhary, Manoj Chaudhary, Anshu Kumar as the main accused”. As the news soon went viral on social media, Delhi cabinet minister Rajendra Pal Gautam demanded action against the accused.

Dalit teen molested in UP

A 16-year-old Dalit girl was allegedly beaten and molested in Raipur Phulwari town. According to news reports the teengaer is from a village, in the jurisdiction of Sangrampur police station in Amethi, Uttar Pradesh. A a purported video of “16-year-old Dalit girl being beaten up and molested” surfaced on social media, the police told mediapersons on Tuesday, adding that a case was registered after her father filed a complaint with the police. Amethi Deputy Superintendent of Police Arpit Kapoor said, “A case under the Protection of Children from Sexual Offences Act, Scheduled Caste and Scheduled Tribe [Prevention of Atrocities] Act was registered against accused Suraj Soni, Shivam and Sakal.” However, it is not known if any arrests have been made yet.

Related:

Victims of Vilification 2021
Nishad community’s open anger at Amit Shah rally should worry BJP 

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Man “from same community arrested” for allegedly killing Dalit family: UP Police https://sabrangindia.in/man-same-community-arrested-allegedly-killing-dalit-family-police/ Mon, 29 Nov 2021 10:45:51 +0000 http://localhost/sabrangv4/2021/11/29/man-same-community-arrested-allegedly-killing-dalit-family-police/ On Saturday, police had suspended two of its personnel for allegedly “pressuring the Dalit family compromise with the upper-caste family in a dispute linked to grazing land”

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Uttar pradesh police
Image Courtesy:indianexpress.com

After the protests and political comments cornering the Uttar Pradesh government over the brutal murder of four members of a Dalit family in Prayagraj district’s Phaphamau area on Thursday, the state’s police, on Sunday, said they have arrested a man “who belongs to the same community as the deceased”. What makes this statement worth noting is that it comes a day after UP Police named 11 people reportedly from a so called ‘upper-caste’ family in its FIR on the murders. Police had then told the media that eight had been arrested, and now the new statement Sunday stating that the latest arrested is “from the same community.” 

The bodies of the 50-year-old man, his 47-year-old wife, daughter (now said to be born in June 1996 ) and 10-year-old son, were found on their beds inside their home at Phaphamau on Thursday morning. The vicitms had been attacked with an axe and killed, the teenged girl had been gang-raped before she was killed. The incident blew up on Friday, as protests by locals alleging police negligence began in the area, and politicians visited the victims’ village. At that time, Sarvashresth Tripathi, the Deputy Inspector General (DIG) of police was quoted by the media that the “deceased family had filed an SC/ST case against some people of the village. The autopsy report suggested that the victims were assaulted with an axe.”  

On Saturday, the police had also suspended two of its personnel for allegedly “pressuring the Dalit family over the past two years to compromise with the ‘upper-caste’ family in a dispute linked to grazing land”, as per a report in the Indian Express, adding that the Dalit family had filed two police complaints but no action was taken. Prayagraj DIG Sarvashresht Tripathi had also said, “Eight people out of the 11 named have been arrested. The remaining two are in Mumbai, and teams have been deployed to trace and arrest them. One accused is admitted in a hospital and is not able to walk. We will question him as well. We will probe the case from all possible angles.” 

Contradictory police statements

On Sunday evening, ADG (Prayagraj zone) Prem Prakash was quoted by the media talking about the latest arrest saying, “The 23-year-old accused belongs to the same community as the deceased. He was harassing the girl by sending her messages on her mobile phone repeatedly. The girl was refusing (his advances). On the basis of the last message and circumstantial evidence, he was arrested.”

According to ADG Prakash, “It has been established that (the 23-year-old) with some others, killed the family members. He has named some people, but keeps changing them. The investigation about the others involved is ongoing. We are taking action based on call details and DNA profiling.” 

The new statement raises a few questions:

Why have the police made a point to categorically identify an accused as being “from the same community” as the victims?

What does this mean for the previously arrested “upper caste” accused?

How will that affect the investigations? 

Will it have an effect on the public perception of the case?

What about the “land dispute” linked to the case?

Who did the Dalit family try to complain against in the past but were turned away?

What has kept the police from sharing what “community” the other 10 accused are from? 

Why were two policemen suspended?

Referring to the 11 initially named in the FIR, the ADG had said, “The people who were named in the FIR so far, it was found that there was some small dispute with the deceased man’s brother. No evidence has come out till now to show that they murdered the family.” He reportedly added that “some messages were found” when the police checked the girl’s mobile and, “When the 23-year-old was held, he denied sending any messages and denied knowing the girl. But when his mobile was found, the messages were there.” 

According to the news report the police also stated that as the deceased girl’s date of birth was June 1996 “POCSO sections will be removed”. The ADG told the media that while “Rape has been confirmed on the girl”, police have “sought medical opinion about how many people committed the rape”. According to the news report the ADG said, “The panel of doctors who did the post mortem has said that there was symmetry in the injuries on the body parts of the girl, which suggest that one person has killed her,” adding when the accused was examined, “some injury marks were found on his body and shirt. He says that they were paan stains, but they seem to be blood stains. We are sending his clothes and other evidence for DNA profiling.”

According to the IE report, a close relative of the Dalit family, who is deployed in the Sashastra Seema Bal (SSB), has questioned the latest police version. He has reportedly likened this case to the gangrape and death of the 19-year-old Dalit girl in Hathras last year. “I got a call from a policeman who named the person who, the police claim, killed them. I don’t know him. I was told that he lives 5 km from our house… I will believe this new statement only after the other accused are caught and more details are revealed. We all saw the Hathras case where police changed their version so many times,” the IE quoted the man identified as the victim’s younger brother.

According to the victim’s younger brother, “I broke the door open, and saw my brother lying in a pool of blood. I panicked and left. I called the police helpline number and entered the house again only after the police arrived. I saw that my sister-in-law and their two children were also lying dead. There was blood everywhere.”

The matter has now reached the political stage and Congress general secretary Priyanka Gandhi Vadra who met the kin of the victims said, the family is “scared that they may face harassment again”. Gandhi told the media that the women in the family were mocked by the police when they went searching for help and she has accused the administration of negligence and apathy against Dalits, “What happened to Arun Valmiki in Agra, what happened in Hathras and what is happening here? If Dalits are continually being tortured, what is the point of celebrating Constitution Day?” She added that “since  2019, the government machinery has been giving protection to goons.”

Related:

Noida hate crime survivor approaches SC seeking fair investigation
Hindutva group tries to evoke ‘love jihad’ bogey in Kasganj case
Uttar Pradesh: Young man dies on return from police questioning, family alleges torture
UP: Muslim man accused of kidnapping Hindu girl dies in police custody
Inquiry into rights violations by UP police during 2019 anti-CAA protests: NHRC
UP: NHRC sets up inquiry in minor boy’s death by suicide after spending 3 months in jail
Anti-Muslim hate on streets: Vendors beaten, forced to chant Jai Sri Ram, boycotted, dargah desecrated
UP: Siddharthnagar SC students waiting for a functional hostel for 11 years!

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UP: Dalit youth brutally attacked, 3 men arrested https://sabrangindia.in/dalit-youth-brutally-attacked-3-men-arrested/ Sat, 03 Apr 2021 08:46:31 +0000 http://localhost/sabrangv4/2021/04/03/dalit-youth-brutally-attacked-3-men-arrested/ Members of an "upper-caste" family viciously attacked a 22-year-old Dalit, severely injuring his private parts

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Three Dalit Youths Assaulted For Allegedly Stealing Donkeys In Rajasthan, 5  ArrestedImage Courtesy:thelogicalindian.com

A 22-year-old Dalit youth on March 31, 2021 suffered extreme physical trauma to his private parts, when relatives of his upper-caste girlfriend allegedly physically assaulted him, reported the Free Press Journal. The assault has left the man battling for life in the district hospital, said reports.

Four men belonging to a so called “upper-caste” were booked under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, and at least three men were arrested following the incident. District Superintendent of Police Vijay Dhull said officials awaited the victim’s recovery to record his statement and lodge further cases against the accused “for the heinous crime.”

The incident occurred in the Tikunia area of Lakhimpur Kheri district in Uttar Pradesh when Harendra was freshening up at a nearby orchard at 3 AM. There, Harendra met his girlfriend’s father Brahmendra and sons Raju, Gajraj and Bharat who proceeded to beat the young man with belts and sticks. It is alleged that the accused also crushed his private parts, inserted an iron rod into his rectum and thrashed him mercilessly.

His family members rushed him to the district hospital in an unconscious state where his condition was declared to be critical. His brother Anuj said he was a graduate preparing for competitive exams. Anuj said the group attacked his brother because they suspected he was meeting his girlfriend at the orchard. He told the police that the girl’s family earlier objected and warned Harendra from befriending their daughter. 

Dhull said that initial medical reports did not confirm insertion of an iron rod into the victim’s rectum. However, he called for another examination to confirm charges. Meanwhile, doctors attending to Harendra confirmed injuries to his private parts.

Related:

Rohith Vemula’s ‘institutional murder’: Five years on, family and friends still wait for justice
Gujarat: Dalit lawyer dies after being assaulted in a casteist attack
A 2020 Report of 10 Worst Victims of apathy: Dalits, Adivasis
Mahad Satyagraha: After 94 years, do we have Equality, Dignity & Access?

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Himachal Pradesh HC allows inter caste union, upholds women’s right to choose https://sabrangindia.in/himachal-pradesh-hc-allows-inter-caste-union-upholds-womens-right-choose/ Tue, 23 Feb 2021 11:18:17 +0000 http://localhost/sabrangv4/2021/02/23/himachal-pradesh-hc-allows-inter-caste-union-upholds-womens-right-choose/ The court observed that a girl is not “cattle” but an independent living soul with rights who can exercise her discretion

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Image Courtesy:lawsisto.com

The High Court of Himachal Pradesh, while hearing a plea of an inter caste couple where the man alleged that he was threatened by the woman’s upper caste family, remarked that women are not cattle sans rights. 

Justice Vivek Singh Thakur reportedly observed, “It is to be remembered that a girl is not a cattle or non-living thing but a living independent soul having rights, like others, and, on attaining the age of discretion, to exercise her discretion according to her wishes. Unlike ancient western thought, wherein a female was supposed to be created by God from rib of a man for enjoyment of man, in India, a female was always considered not only equal but on higher pedestal than male since Vedic Era, except for evils of Medieval Period, which are necessarily to be eradicated in present era”.

The petitioner man alleged that the woman was detained by her family members so as to prevent solemnisation of marriage of the petitioner with her. He further claimed that the only reason behind the abduction and illegal detention of the woman was because he belonged to a caste that was considered lower, as per the woman’s family.

So, the petitioner prayed for her production and for directions to the State to provide appropriate security to the petitioner and his family members “as there is an imminent threat to their lives and property”.

After perusing the facts of the case, the judgment in paragraph 12 read: “We are living in a State governed by the Constitution and discrimination on the basis of caste by denying of right to choose spouse, is in violation of Fundamental Rights guaranteed under the Constitution of India”.

Recognising the independence of thought as a fundamental feature of Indian culture, Justice Vivek Singh said, “So far as opposition to marriage for difference of caste is concerned, the same is result of spiritual as well as religious ignorance leading to behaviour in violation of constitutional mandate, despite the fact that Constitution is an embodiment of ancient values of Bhartiya Society. It is a basic spiritual as well as religious mandate of all religions that God is everywhere, in everyone and everyone is equal before God. Not only this, it is also considered that existence of God is not only in living creatures but is also in non-living things and, thus, no one is to be discriminated on account of sex, caste, creed, race, colour or financial status.”

The court then referred to the ancient Indian texts to elucidate the ills of discrimination. He said, “Vedas propound a principle of equality and betterment of all without any discrimination by pronouncing that we should work together, eat together, march together and live together for betterment and progress of all. Discrimination on the basis of caste, under the garb of religion, is antithesis of basic spiritual and religious principles which are, unfortunately, relied upon for discrimination. Therefore, discrimination on the basis of caste is not only in violation of constitutional mandate but also in opposition to real Dharma.”

On the right to marry and freedom to choose as an adult, the court cited some examples of ancient Indian scriptures referring to the marriages of Sati and Lord Shiva, Rukmini and Lord Krishna and Subhadra and Arjun. The Single-judge Bench said, “Oldest example of marrying a person of choice is the marriage of Sati with Lord Shiva, which was solemnized in defiance and against the wishes of her father King Daksha Prajapati. Another more than 5,000 years old example of choosing the spouse according to the choice of the girl is of Rukmani and Lord Krishna, as Rukmani was having liking and wish to marry Lord Krishna, whereas her brother was intending to arrange her marriage with Shishupal, whereupon Rukmani had wrote a letter to Lord Krishna to take and accept her as his spouse and Lord Krishna did so by taking her from the Mandapa. Similar example is the marriage of Subhadra and Arjun, where family members were intending to marry Subhadra somewhere else, whereas Subhadra had chosen Arjun as her spouse.”

Emphasising on the fact that women have been placed higher socially ever since the Vedic era, Justice Singh remarked, “Unlike the ancient western thought, wherein a female was supposed to be created by God from the rib of a man for enjoyment of man, in India, a female was always considered not only equal but on higher pedestal than male since the Vedic Era, except for the evils of Medieval Period, which are necessary to be eradicated in present era.”

As the woman was an adult, the court held that she was capable of making her own decisions and was entitled to the right recognized by the Constitution to lead her life exactly as she pleases. The Court then, directed the Superintendent of Police Shimla and Hamirpur, SHOs Sadar (Shimla), District Shimla and Nadaun, District Hamirpur, Himachal Pradesh to depute Police Personnel to escort her from the Court premises to the destination she desires to go.

The judgment may be read here:

Related:

Haryana: Man stabbed by brothers-in-law for inter caste marriage
J’khand inter-caste couple allegedly threatened by family and Cabinet minister, HC provides protection
Guj HC orders police protection to inter-faith couple wishing to solemnize marriage
An adult woman free to move “as per her own wish”: Bombay High Court

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Two Dalit labourers in Uttar Pradesh survive brutal assault by upper-caste mob https://sabrangindia.in/two-dalit-labourers-uttar-pradesh-survive-brutal-assault-upper-caste-mob/ Tue, 05 Jan 2021 15:01:40 +0000 http://localhost/sabrangv4/2021/01/05/two-dalit-labourers-uttar-pradesh-survive-brutal-assault-upper-caste-mob/ On the eve of New Year 2020, two Dalit labourers were allegedly beaten by a mob of uppercaste men. Nearly a week goes by and state police continue to remain inactive regarding the matter.

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Two Dalit labourers from Azamgarh district of Uttar Pradesh allegedly suffered brutal attacks and abuse on December 31, 2020 by a mob of upper caste people for honking at an upper caste person standing in the middle of the road, said Junputh regional news on January 5, 2021.

This happened in the same state where months ago the Hathras incident occurred and took the entire country by storm.

As per the account of one of the survivors, Brijesh Kumar, the labourer was allegedly attacked Kumar with knives and sticks by an upper caste man along with 20-25 people while irrigating the field. Locals who heard noises rushed to save Kumar and the other labourer Pampravesh.

 

 

Kumar said that the attack was the result of an altercation between the two men and local upper caste man Vishal Mishra. The two men honked at Mishra who stood in the middle of the road, blocking their way to the village market to buy diesel. Mishra responded to the honking by abusing them with casteist slurs that resulted in a verbal fight.

Local political group Rihai Manch heard about the incident and promised to help the injured man fight for justice. An FIR was lodged at the nearby police station.

Meanwhile, the labourers’ families told Junputh that criminals had attacked their boys with the intention of murder. They said that the accused are still roaming free and threatening to kill the two men.

“The police of Yogi-government gave us a piece of paper instead of justice. No one has been arrested yet. Dalits survive deadly attacks every day and in this corrupt government, we are not safe at all. Today many days after the attack, no criminal was arrested. Is there an understanding between police and criminals?” they said to Junputh.

Villagers said that the bullies circle the area on motorcycles from morning till evening to threaten villages who continue to demand justice.

Rihai Manch General Secretary Rajiv Yadav said that Dalits, minorities and women suffer tortures in the Yogi government. The state police are unable to stop them. However, he said that the group will continue to demand justice at every level.

Uttar Pradesh recorded the highest number of crimes against Scheduled Castes in 2019, reporting 11,829 cases in the National Crime Records Bureau report.

Related:

SC/ST Act: Merely because crime is reported, immediate arrest need not be made
A 2020 Report of 10 Worst Victims of apathy: Dalits, Adivasis
Gumla lynching case accused moves Jharkhand HC for bail
Gujarat: Dalit lawyer dies after being assaulted in a casteist attack

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Dalit worker killed for touching food at ‘Upper Caste’ party in Madhya Pradesh! https://sabrangindia.in/dalit-worker-killed-touching-food-upper-caste-party-madhya-pradesh/ Wed, 09 Dec 2020 09:47:24 +0000 http://localhost/sabrangv4/2020/12/09/dalit-worker-killed-touching-food-upper-caste-party-madhya-pradesh/ The 25-year-old Dalit man had been called to clean up after the party

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Image Courtesy:thekashmirwalla.com

So called ‘upper caste’ men seem to fly into a rage at the slightest excuse. They also seem to be confident that even if they kill someone, they will not be vilified as criminals.

In Madhya Pradesh, a poor Dalit man was killed becuase he served himself some food to eat. The man had been called to clean up after a party, and probably served himself some leftovers to eat. According to a report in The Times of India two ‘upper-caste’ men saw the Dalit man serving food for himself, and cruely proceeded to thrash him with sticks, till he died.

The incident is reported to have taken place in MP’s Chhatarpur because he had touched food at a feast. The accused Bhoora Soni and Santosh Pal had called the youth, identified as Devraj Anuragi, to clean up after a party in Kishanpur village. The area is said to be about 450km from Bhopal and is close to the Uttar Pradesh border. On seeing Anuragi serve food for himself, the accused flew into a rage and beat him to death with sticks, stated news reports quoting Gaurihar SHO Jaswant Singh Rajput. According to the report the accused Soni and Pal, who are on the run, were booked for murder and under the SC/ST Prevention of Atrocities Act. “They will be caught soon,” Chhatarpur SP Sachin Sharma told the media. The accused are marginal farmers.

This is not the first incident of such an attack on a member of the Dalit community in the area. In the last week of Novermber a 50-year-old Dalit farm worker in Madhya Pradesh’s Guna was beaten to death by two men for refusing to give a matchbox demanded by the accused to light cigarettes, reported NDTV.

This incident took place in Karod village of Guna, around 180 kilometres from the state capital Bhopal. The victim, Lalji Ram Ahirwar, was resting on a platform in an agriculture field when the accused, Yash Yadav and Ankesh Yadav, thrashed him with sticks following an argument over the matchbox that the accused wanted to borrow from him. Ahirwar was severely injured and admitted to Guna district hospital where he succumbed.

Related:

MP High Court puts counselling as bail condition for accused for anti CAA 
Where are the country’s SC/ST Commissions headed?
Dalit house set ablaze in MP, brothers thrashed, CM silent?
Uttar Pradesh has failed its Dalit community, especially Dalit women

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UP: Five upper-caste men accused of burning alive a Dalit man https://sabrangindia.in/five-upper-caste-men-accused-burning-alive-dalit-man/ Sat, 31 Oct 2020 09:25:10 +0000 http://localhost/sabrangv4/2020/10/31/five-upper-caste-men-accused-burning-alive-dalit-man/ Victim’s family claims that the five men often threatened to extort money from the Panchayat leader

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Image Courtesy:Twitter

At least three upper-caste men were arrested for allegedly burning alive the husband of Bandoiya village’s Gram Panchayat President in Amethi district on October 29, 2020.

The victim, Arjun Kori, was found outside the house of the accused with burns on 90 percent of his body. He succumbed to his injuries while enroute to a hospital in Lucknow.

According to President Chutaka, her husband had gone out to the village square for a cup of tea on Thursday evening. However, he never returned. Chutaka alleged that Krishna Kumar Tiwari and his four friends abducted Arjun and burnt him alive in their front yard. She claimed that Tiwari threatened them to extort money. Tiwari believed that he was entitled to a ‘cut’ of the government money Chhotka supposedly received. However, when they denied the existence of any such money, the five men burnt the man in a fit of rage, said Chutaka.

According to Amethi Superintendent of Police (SP) Dinesh Singh, police were notified about Arjun’s burnt body outside Tiwari’s house around midnight. The officials took him to the local Primary Health Care centre from where he was referred to a hospital in Sultanpur.

 

Before his death, Arjun’s family recorded his statement wherein he accused K. K. Tiwari, Ashutosh, Rajesh, Ravi and Santosh for burning him alive. The family registered a case of murder at Munshiganj police station against the five men.

The incident has considerably upset Amethi residents as visuals and recordings of the victim were circulated on social media. Netizens have shared news regarding the incident under the hashtag Dalit Lives Matter.

 

According to the National Crime Records Bureau, Uttar Pradesh recorded 11,829 crimes against Scheduled Castes in 2019 making up nearly 26 percent of the total crimes against Scheduled Castes last year.

Related:

Gujarat: Dalit boy allegedly dies at observation home in Khanpur
More horror in UP: Dalit teen stalked, molested and shot dead!
NAPM condemn police’s and administration’s handling of the Hathras incident
Minority Lives Matter

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Thakurs deny Dalit woman cremation, police initiate probe https://sabrangindia.in/thakurs-deny-dalit-woman-cremation-police-initiate-probe/ Fri, 31 Jul 2020 08:33:13 +0000 http://localhost/sabrangv4/2020/07/31/thakurs-deny-dalit-woman-cremation-police-initiate-probe/ The woman’s body was forced to be taken off the pyre as members of Thakur community objected

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Image Courtesy:nationalheraldindia.com

The Agra Police have launched an inquiry into an incident that took place a few days ago whereby a Dalit woman’s family was forced to remove her body from the funeral pyre by ‘upper’ castes. This incident took place in Kakarpura village in Etawah district, approximately 20 kms from Agra in Uttar Pradesh. Pooja, a 26 year old Nat woman succumbed to a uterus infection on July 19 and her family was all set to perform her last rites at the gram sabha cremation ground the following day. Her body was already placed on the pyre all set to be lit when members of the Thakur community intervened.

The family was eventually forced to take the body to the Nagla Lal Das cremation ground 4 kms away. This is apparently the designated cremation ground for people not hailing from ‘upper’ castes. Local Thakurs reportedly justify the segregation as “following rules” with some even insisting that the Nats, a nomadic community, should be grateful that Thakurs even gave them land in the area to settle down in the first place.

Pooja’s husband Rahul told TOI “The land marked for cremation of those from our community had been encroached on by a Brahmin. So, we decided to cremate Pooja on the grounds everyone in the village uses. We set up the pyre, her four-year-old son Rohan was about to light it when a group of Thakur men came running. They asked us to stop the cremation.” This led to a stand-off that lasted almost six hours despite the presence of the Gram Pradhan, the police and local leaders.

Circle Officer BS Veer Kumar told TOI, “No FIR was lodged because the family didn’t file a written complaint. The matter was resolved peacefully”. When asked why Pooja’s father-in-law Brijpal told the Indian Express, “We did not want a dispute. We are very poor and can’t take on the people as they are affluent.”

The Agra police have taken suo moto cognisance of the incident and Agra Additional SP (West) Ravi Kumar told the Indian Express, “We took suo moto cognizance of the issue after seeing reports in media and had sent a police team to inquire into the matter. No written complaint was received from the family of Pooja, but we are getting the matter probed by Circle Officer (Achhnera) B S Veer Kumar and action will be taken accordingly”.

Even BSP chief Mayawati took to her Twitter account demanding a high level inquiry, “This is a shameful and condemnable incident. To stop such incidents from happening again, the state government should order a high-level probe and take strict action…”

Related:

Nat woman denied cremation at ‘upper’ caste funeral ground in UP
ISKCON’s sanitised version of the caste system does not foster progress of the lower castes
SC/ST Commission in UP headless for over 7 months

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