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Farrukhabad: Two Dalit Girls Found Hanging From Tree In Bhagautipur Village, Suicide Suspected
Farrukhabad: Two Dalit Girls Found Hanging From Tree In Bhagautipur Village, Suicide Suspected
Both the girls are said to be close friends and lived in the same neighbourhood in Farrukhabad, UP. Their bodies were found hanging from a single ‘dupatta’. Parents have alleged they were murdered.
By : ABP News Bureau | Updated at : 27 Aug 2024
Farrukhabad: The bodies of two Dalit girls, aged 18 and 15, who had gone to a temple to offer prayers on Janmasthami late at night, were found hanging from a tree in Uttar Pradesh’s Farrukhabad on Tuesday morning. According to the police, prima facie the case is believed to be a that of double suicide. Both the girls were close friends and lived in the same neighbourhood.
The bodies of the girls were found hanging from a single ‘dupatta’ and the necks were tied at each end of the dupatta that went across the tree, Farrukhabad Superintendent of Police Alok Priyadarshi said. A mobile phone was also recovered from near the tree and a SIM card was also found from one of the girls’ clothes.
The bodies of the girls were discovered only after their family members began looking for them when they did not return home from the temple last night. The family members of the girls have alleged that they were murdered and hanged and have registered a case. However, they have denied enmity with anyone in the village. A probe has been initiated to ascertain the cause of their death.
“Today, we got the information from Bhagautipur village of Kaimganj that two girls (aged 18 and 15) were found hanging on a tree. Police reached there. It was found that both were close friends. Both were hanged in a single dupatta. Prima facie it seemed that the girls had done it by herself. But, things will become clearer after the postmortem. We have recovered a phone and SIM from the spot. A case has been registered by the family, investigation is on to find out what caused this incident,” SP Priyadarshi said.
Meanwhile, one of the girls’ father said: “I think both have been killed and then hanged. We have no enmity with anyone… Things will become clearer after the postmortem.”
Akhilesh Yadav Asks Yogi-Govt To Conduct ‘Impartial’ Probe
Following the incident, former UP Chief Minister and Samajwadi Party chief Akhilesh Yadav stated that the Bharatiya Janata Party-led government in the state should immediately conduct an impartial investigation into this “suspicious” matter and present a report.
“The incident in which the bodies of two girls who had gone to watch the Janmashtami festival in Farrukhabad, Uttar Pradesh, were found hanging from a tree is extremely sensitive. The BJP government should immediately conduct an impartial investigation into this matter and present its report on this suspicious case of murder. Such incidents create a terrifying atmosphere in society, which deeply traumatizes the female community mentally,” Yadav stated in a post on X, adding “The time has come to raise the issue of ‘women’s safety’ as a serious matter above politics.”
Courtesy : ABP Live
Coming from West Bengal to UP, he made a minor Dalit girl a victim of lust, also fired bullets on the policemen who came to catch him: Mehtab Alam arrested after encounter
It is alleged that during this time Mehtab also threatened the victim that if she complained to anyone, she would be killed. Seeing his daughter missing, the complainant started searching.
A case of rape of a minor girl of Dalit community has come to light in Firozabad district of Uttar Pradesh. The rape allegation has been leveled on a 20-year-old youth named Mehtab Alam, who is originally a resident of Hooghly district of West Bengal. The accused came from Bengal and raped the victim in a hotel. The incident took place on Saturday (August 24, 2024). Seeing himself surrounded, Mehtab also fired bullets on the police. In retaliation, Mehtab was shot in the leg and was arrested.
This case is from Firozabad North police station area. Here on 25th August (Sunday), a person from Scheduled Caste (SC) category has lodged a complaint with the police. In the complaint, he told that Mehtab Alam, a resident of Hooghly district of West Bengal, was talking to his 15-year-old daughter on the phone for a long time. On Saturday (24th August), Mehtab came to Firozabad to meet the victim. From here, he took the victim with him to a hotel on the highway by luring her. Mehtab raped the victim in the hotel.
It is alleged that during this time Mehtab also threatened the victim that if she complained to anyone, she would be killed. Seeing his daughter missing, the complainant started searching for her. Finally on 25th August (Sunday), Mehtab was seen with his daughter in Atal Park of Firozabad. Seeing the victim’s father, Mehtab ran away from there. The victim told everything to her father while crying. Finally, a complaint was lodged against Mehtab with the police.
In the complaint, strict action was demanded against Mehtab. The police registered an FIR naming Mehtab. He was booked under sections 137 (2), 64 (1) and 351 (3) of the Indian Penal Code (BNS) along with the SC/ST Act. Police teams were deployed to search for the accused. On 25 August (Sunday) around 9:20 pm, the police received information that Mehtab Alam was near Bandi Pulya in Firozabad. Based on this information, Mehtab was surrounded.
Mehtaab Alam started firing bullets when he saw the police coming towards him. To protect themselves, the police also fired in self-defense which hit Mehtab’s leg. As soon as the bullet hit, Mehtab said, “Oh mother, I am dead.” After this, Mehtab fell on the ground and the police arrested him and got him treated in the hospital. A pistol and cartridges were recovered from him. After treatment, Mehtab has been sent to jail. A separate FIR has also been registered against Mehtab in the case of attacking the police. In this case, he has been charged under Section 109 (1) of the BNS along with the Arms Act.
Uttar Pradesh: Headmaster Jamal Kamil sexually assaults minor Dalit girl on pretext of cutting her nails in Meerut, Tuition teacher Syed Wasik Ali arrested in Rampur for sexually assaulting 7-year-old girl
According to the complaint, while cutting her nails, the accused Principal Jamal Kamil lifted the dress of the minor girl and started doing obscene acts
Two heinous cases of teachers sexually assaulting their minor female students have come to light from Uttar Pradesh. In Meerut, a headmaster named Jamal Kamil (50) has been arrested for molesting a minor Dalit girl inside a government school. The victim is an 11-year-old girl currently studying in Class 4th. The incident took place on Friday (23rd August). The locals caught hold of the accused headmaster and thrashed him before handing him over to the Police. Meanwhile, in Rampur, a tuition teacher named Syed Wasik Ali has been arrested on charges of sexually abusing a seven-year-old girl.
According to reports, the first incident took place in the Mawana police station area of Meerut. A woman hailing from the Scheduled Caste community lodged a complaint with the Police. In her complaint, she said that her daughter studies in class 4th in a government school which falls in this Police station area. A 50-year-old man named Jamal Kamil is the headmaster of this school.
On Friday, Principal Jamal Kamil was inspecting the nails of the students. He was also trimming the nails of students who had long fingernails. When the victim’s turn came, Kamil saw her nails and called her to his office where he made the girl sit on a chair. Subsequently, he started cutting her nails.
According to the complaint, while cutting her nails, the accused Principal Jamal Kamil lifted the dress of the minor girl and started doing obscene acts. The victim got scared and somehow she managed to free her hands and ran out of his office crying.
After some time, her family came to know about the incident. Along with other villagers, they rushed to the school. Some local women started thrashing the accused Principal and the video of the Principal’s thrashing is now doing rounds on social media.
After receiving the information, the police immediately reached the spot and took the accused headmaster into custody. Parents of other students enrolled in this school accused the Principal of asking their children to massage him.
In their complaint, the victim’s family has demanded strict action against the accused headmaster. Mawana Deputy SP Saurabh Singh told reporters that the statement of the victim has been recorded. Based on these statements, a case has been registered against Jamal Kamil under relevant sections of the Bharatiya Nyay Sanhita, SC/ST, and POCSO Act. The matter is being investigated and other necessary legal action is underway.
Meanwhile, in the Rampur case, a tuition teacher identified as Syed Wasik Ali, a resident of Kunda at Rampur Kotwali, has been arrested for sexually abusing a seven-year-old girl, the Police said on Saturday (24th August).
Rampur Superintendent of Police (SP) Vidyasagar Mishra said that based on a complaint received at the Ganj police station in this regard, a case was registered under the POCSO Act on Friday night. He said that an investigation is underway in the case and the girl has been medically examined.
In their complaint, the family stated that the accused sexually abused the girl on Friday evening when he came to teach her.
BJP plans to highlight prompt rollback of lateral entry scheme to counter Oppn
BJP will highlight the rollback of lateral entry in bureaucracy and the Unified Pension Scheme to counter opposition on sub-classification of SC/STs ahead of state elections.
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The issue of sub-classification of SC and STs is a contentious issue, and the party fearing a backlash from the communities that are nearly 17% and 9% of the total population has not been able to articulate its stance on it. Senior party leaders said they expect the issue to dominate the narrative in the impending state elections in Haryana in October and in Maharashtra and Jharkhand later in the year.
As per Census 2011, Haryana has the 5th largest SC population in the country at 19.35%, Jharkhand has 26.2% STs and Maharashtra has 11.81% SC and 9.35% STs.
“The opposition will drive the narrative on the issue of sub-classification of castes and quotas since there is immediate response on the ground to such issues, but the [Union] government is steadfast that it will not dilute the quotas,” said a senior party functionary.
The party will highlight the government’s “quick response” to the demand to scrap lateral entry since there it did not make provisions for caste- based reservation, the functionary said. “The opposition had tried to politicise the issue, forgetting that the [Congress-led] UPA too had mooted lateral entry. But the government paid heed to the concerns of the SC and STs and scrapped the scheme and has assured that it will draft a more inclusive policy for filling positions in bureaucracy,” the functionary said.
Earlier this month, in a majority verdict, the Supreme Court said states are empowered to make sub-classifications of SCs and STs granting quotas within the reserved category. A seven-judge constitution bench headed by Chief Justice D Y Chandrachud held by a 6:1 majority that sub-classification of SCs and STs by states can be permitted.
On August 9, the Union cabinet chaired by Prime Minister Narendra Modi clarified that there is no provision for a creamy layer within the Scheduled Castes (SC) and Scheduled Tribes (ST) and that the government remains committed to the welfare of the socially and economically marginalised. There was, however, no such statement about the sub-classification issue suggested by the apex court.
The court’s observation has left many in the party confounded. “In several states such as Karnataka, Andhra Pradesh, Haryana and Telangana there is a demand for sub-classification and the BJP was not opposed to it. In states such as Bihar, Maharashtra and Rajasthan there are differences on the issue... in such a scenario the party will have to weigh its options before making any sweeping announcements. The focus, therefore, will be on the larger policy decisions that have benefited the SC, ST and the OBCs,” said the functionary quoted above.
In states such as Bihar, the BJP’s allies are split over the suggestion. While the Lok Jan Shakti Party has opposed sub-classification, Hindustani Awam Morcha (HAM) is in favour of the court’s decision. The JDU has an ambivalent stance, while it does not push for sub-classification, it wants the government to take a cue from how the state helped Mahadalits, the most deprived category among the SCs by carrying out a survey to assess their deprivation.
In poll-bound Haryana, the state government has accepted the recommendations of the state commission for Scheduled Castes to create sub-classification of scheduled castes (SCs). Chief minister, Nayab Singh Saini said the commission recommended sub-classification should be done for the purpose of reservation in government jobs into two categories — the deprived scheduled castes (DSC), comprising 36 castes such as Balmikis, Dhanaks, Mazhabi Sikhs, Khatik, and the other scheduled castes (OSC), comprising castes such as Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi and Ravidasi.
Having faced electoral setbacks in states such as Uttar Pradesh in the 2024 general elections, after losing out on support from the SC and ST communities, the BJP is keen to ensure that the Opposition does not get a chance to pin the government on issues of caste-based quotas and caste census. During the general elections, the Opposition ran a campaign alleging that the BJP was seeking a brute majority of over 400 MPs in order to alter the existing caste-based reservation.
Lal Singh Ayra, head of the BJP’s SC Morcha, said the government has been working relentlessly for the empowerment of the SCs and STs and the party will highlight that. He said the focus will be on “dismantling” the “Opposition’s fake narrative” about the BJP being anti-quotas.
“For the first time seats have been reserved for the STs in Jammu and Kashmir where elections are being held next month. In every public meeting the PM has said he remains committed to the welfare of the deprived and the oppressed... the Opposition wants to mislead the masses and create fear,” he said.
While Lal did not comment on the issue of sub-classification, former Rajya Sabha MP Bhalchandra Munegekar said no state has been able to prove that some castes have benefitted more from the others and the process of sub-categorisation is difficult to undertake.
“I suggest that reservation should be limited to two generations. But those in the third generation should not be discriminated against. If they join colleges or jobs in the general category then they will lose out on reservation, but if they continue to face discrimination and exclusion then they face double jeopardy,” he said.
The party is also confident that the move to implement the unified pension scheme that allows employees to receive 50% the last drawn salary as pension (for 25 years of service and at a specific amount for minimum of 10 years) will derail the opposition’s campaign for seeking the old pension scheme.
In state polls in Himachal Pradesh, Karnataka and Telangana the Congress in particular had promised to revert to the old scheme. While the party has accused the government of taking U-turns, the BJP retorted that it signals the PM’s ear to the ground.
Responding to Congress President Mallikarjun Kharge’s comment that the ‘U’ in UPS stands for Modi Govt’s U-turns, former minister Ravi Shankar Prasad said, “Narendra Modi government takes decisions based on its own understanding... it does not believe in ad hocism. PM sunte hain, samaj te hain, aur samvedansheel rehte hain (the PM listens, understands and is sensitive).”
The BJP leader also questioned why the Congress governments in HP and Karnataka have not implemented the OPS, as was promised ahead of the state polls.
“The Congress is so wary of the palpable falsehoods of assurance about pension, it could not muster the courage to include that in the (2024) manifesto...Governing India is a serious business...ad hocism won’t work,” he said.
Explainer: What is a breach of privilege notice?
A lawmaker’s speech in the House cannot be challenged before any court or he has a right to reply if his or her name is mentioned by another lawmaker
Lok Sabha MP and former Punjab chief minister Charanjit Singh Channi on Wednesday moved a notice to bring a privilege motion against Prime Minister Narendra Modi in the Lok Sabha for sharing the speech of BJP MP Anurag Thakur on his social media platform X even as some parts of it were expunged.
Here’s an explainer on how breach of privilege works.
If a member or a minister makes an unsubstantiated comment or if any person maligns the reputation of an MP or prohibits the lawmaker from his work, a Parliamentarian or an MLA can file a complaint to the Speaker (or the Chairman in case of Rajya Sabha) that his privileges has been breached.
- Opposition Congress in Assam push for granting Scheduled Tribe status to six communities
Assam PCC president Bhupen Kumar Borah told The Telegraph that once the long-pending demand of the six communities — Adivasi/ tea tribes, Tai Ahom, Moran, Matak, Chutia and Koch-Rajbongshi — are met, the state will become a tribal state as the population of STs will exceed 50 per cent
The Opposition Congress in Assam on Sunday pushed for granting Scheduled Tribe (ST) status to six communities of the state to secure the future of the indigenous Assamese people.
Assam PCC president Bhupen Kumar Borah told The Telegraph that once the long-pending demand of the six communities — Adivasi/ tea tribes, Tai Ahom, Moran, Matak, Chutia and Koch-Rajbongshi — are met, the state will become a tribal state as the population of STs will exceed 50 per cent, ensuring political power is vested in the hands of the indigenous people with at least 80 seats reserved for tribal candidates in the 126-member Assembly.
“People like us (Borahs and Sarmas) will lose politically but it will at least secure the future of the indigenous people of Assam and of Assam overall. That is what we should try to achieve, this is something which the ruling BJP has promised in election after election to win in Assam. About 10-15 seats will be open for general caste people like us but we Congress will support any move to grant ST status to the six communities immediately,” Borah said.The Congress had pushed for ST status when in power in Assam and it was also in its poll manifesto.
After the delimitation of constituencies in 2023, 19 of the 126 Assembly seats and two of 14 Lok Sabha seats are reserved for STs. Similarly, nine seats are reserved for Scheduled Castes.
ST status to these groups will guarantee adequate political representation, reservation in educational institutes, government jobs, scholarships and government schemes, leading to their upward economic and political mobility.
The pro-ST brigade says that it will check political power going into the hands of outsiders, in particular illegal immigrants from Bangladesh. Currently, existing STs make up over 12.4 per cent of the state’s 3.2 crore population.
Borah also hit out at chief minister Sarma for trying to divert attention since June 4, the day of the Lok Sabha election results, which saw the Opposition secure a health vote share and its popularity rising.
“People are now talking about corruption involving the CM’s family and availing loans to run the state. The BJP-led government is facing flak over multiple issues on all fronts. The defeat of the AIUDF and Badruddin Ajmal in the LS polls has left the CM and the BJP worried. They are now trying to create an Ajmal from within or outside Congress to continue its politics (of polarisation) of the last three years,” Borah said.
The chief minister is “sparing “no one, from university to journalists. “I will request our partymen, the Opposition leadership and people of the state not to fall in the trap laid by the CM and the BJP to come to power for the third time (in 2026) by fanning an atmosphere of animosity and distrust among the people,” Borah said.
The Congress had slammed Sarma for his “confession” about the rise in crime against women (23 cases) after the declaration of the Lok Sabha election results, seeking a white paper on such incidents and steps to curb them.
The Assam Congress has also hit out at the ruling BJP over the Dhing case.
“Nothing better was expected from @BJP4Assam than to communalize even rape & murder. To suppress voice of people you’ve started targeting journalists too. SHAMEFUL!! Stand of Congress has always been clear. Be it in Dhing, Lakhimpur, Hathras, Unnao, molestation of women wrestlers, rape & murder of doctor in Kolkata or garlanding of rapists & murderers of Bilkis Bano,” the state Congress said.
The Congress was reacting to the BJP post that said, “ So, is it true that @INCAssam is rolling out the red carpet, mobilizing every corner of its vast ecosystem and loyal supporters, to defend their “star” of the Dhing incident who finally faced the music today?”
The BJP post had flagged the personal opinions of a few journalists on the Dhing case.
Creamy layer and judicial overreach: Without caste census, social justice is a dream
While Chief Justice DY Chandrachud, who authored the majority opinion on the sub-classification of SCs, has notably remained silent on this contentious issue, the concurring opinions by four other judges extending the creamy layer principle are symptomatic of a broader trend in the Indian judiciary of dismantling social justice, first with EWS judgement and now with creamy layer. The Supreme Court's judgement on the extension of the creamy layer to SCs is a clear example of judicial overreach, with potentially damaging consequences for India's reservation policies. The creamy layer extension was unnecessary, unargued, and ultimately injudicious, reflecting a deep-seated misunderstanding of the complexities of caste-based discrimination.
The creamy layer: From caution to doctrine
To appreciate the gravity of this situation, we must trace the evolution of the "creamy layer" concept. Its origins lie in Justice Krishna Iyer's opinion in the NM Thomas case (1976), where he offered a "sociological caution" against reservation benefits being monopolised by the more advantaged members of backward classes. However, it's crucial to note that Justice Chinnappa Reddy, in his opinion in KC Vasanth Kumar vs State of Karnataka (1985), criticised this approach as "elitist" and "paternalistic." He argued that it treated reservations as a token gesture rather than a necessary step towards undoing generations of caste-based discrimination. This cautionary note, peripheral to the case at hand, would later evolve into a cornerstone of reservation policy.
The concept gained judicial sanction in the landmark Indra Sawhney vs Union of India case (1992), where the Supreme Court mandated the exclusion of socially advanced members of Other Backward Classes (OBCs) from reservation benefits. Crucially, the court explicitly exempted SCs and STs from this principle, recognising the unique nature of their historical oppression.
Judicial overreach
What began as a sociological caution has since been deployed as a rigid legal doctrine for OBCs. This exclusion is a necessity since the population of OBCs was estimated at around 52% in Indra Sawhney, while their reservations are capped at 27%. The creamy layer threshold, initially designed to exclude the more affluent among OBCs from reservations, was paradoxically used to include upper-caste beneficiaries under the EWS category while excluding those within OBCs and now SCs who might have marginally risen above subsistence levels. This misapplication has turned the creamy layer principle into a cynical approach to understanding the constitutional promise of social justice.
The extension of the creamy layer principle to SCs by the recent Supreme Court judgement is a stark deviation from the original intent of the Constitution and the judicial precedent set by Indra Sawhney. It disregards the unique and systemic disadvantages faced by SCs, suggesting that those who have achieved a certain level of economic advancement should no longer benefit from reservations. This perspective fails to account for the enduring degradation and social discrimination that continue to affect even the economically successful members of these communities. Unlike the OBCs, whose reservation is purely on the account of backwardness, in the case of SCs, it is not only backwardness but also untouchability.
A Scheduled Caste person may economically prosper with family members also attaining high posts in governments may still be subjected to invidious forms of untouchability. Caste is a permanent state of exception. In 1978, a statue at Sanskrit University was sought to be cleansed with water of the Ganges, which was inaugurated by Babu Jagjivan Ram, Union Cabinet Minister for the longest time and Deputy Prime Minister. The official residence of the Chief Minister in UP was also purified by the water of the Ganges at the behest of Yogi Adityanath before occupying, as the previous occupant was Akhilesh Yadav in 2017. Ramnath Kovind, former President of India, was mistreated by priests in Jagannath Puri Temple in 2018. Untouchability is based on the notion of defilement, a virus of mind, as Dr Ambedkar says. It is incurable by application of a creamy layer.
Justice BR Gavai's judgement, which went beyond the core issue of sub-classification of SCs and unnecessarily introduced the creamy layer principle, is particularly problematic. His rhetorical questioning during the hearing—whether the children of an IAS officer from a reserved community should still be eligible for reservations—reflects a fundamental misunderstanding of the purpose of affirmative action. The creamy layer is applicable to individuals, while the sub-classification is for caste groups.
The fallacy of economic mobility as social equality
Recent research provides critical insights into the intersection of caste, class, and economic opportunity in India. Rukmini S in her book, Whole Numbers and Half Truths: What Data Can and Cannot Tell Us About Modern India, offers a compelling analysis of these intersections. She notes that "SCs and STs earn the least among all social groups, followed by Muslims and OBCs. Forward castes, on the other hand, are the richest, with household incomes nearly 1.5 times the Indian average." This data underscores the persistent economic disparities along caste lines, despite decades of affirmative action policies.
Furthermore, a recently published research paper by Prateek Raj from IIM Bangalore reveals another dimension of caste-based economic discrimination. Raj's study shows that Dalit business owners face an income gap of 16% compared to other disadvantaged groups due to institutionalised discrimination. This finding is particularly significant as it demonstrates that even when Dalits manage to enter entrepreneurship, they continue to face economic penalties due to their caste identity.
These insights from Rukmini S and Prateek Raj underscore the fallacy of applying the creamy layer principle to SCs and STs. Despite any marginal economic mobility, these groups continue to face significant social and economic disadvantages. The cumulative effect of recent judgements has been to dilute the protective measures that were originally designed to uplift SCs and STs. By subjecting these groups to the same standards as OBCs, the judiciary has ignored the distinct and more severe forms of discrimination faced by SCs and STs. Empirical data shows an overwhelming continuing practice of untouchability, with 52% of Brahminis still practising it, though constitutionally abolished in Article 17. This is a profound misreading of the social realities in India, where caste and untouchability continue to exert a powerful influence irrespective of economic status.
A historical amnesia
The selective application of the creamy layer principle raises serious questions about its fairness and consistency. If the goal is a more equitable distribution of the benefits of reservation, then the creamy layer concept should be applied across all categories, including dominant castes, rather than selectively targeting SCs, STs, and OBCs. As philosopher John Rawls famously opined, "a chain is no stronger than its weakest link." By applying the creamy layer selectively, the judiciary is, in effect, weakening the very groups that reservations are intended to empower, thus undermining the principle of social justice.
The judgement not only misapplies the creamy layer concept but also reflects a troubling historical amnesia. This is particularly evident in the concurring opinion of Justice Pankaj Mithal, who not only extended the creamy layer principle to SCs and STs but also made the historically inaccurate observation that "there was no caste system in ancient India" and that the "misconstruction of the varna system as a caste system was a social defect." Such statements fly in the face of established historical and sociological scholarship, contradicting the extensive discussions on the origins of the caste system in previous judgements, especially Indra Sawhney.
Justice Mithal's revisionist view of history is not merely an academic error; it has profound implications for how we understand and address caste-based discrimination in contemporary India. By denying the historical reality of the caste system while simultaneously extending the creamy layer concept to SCs and STs, this judicial opinion embodies a dangerous contradiction. It seeks to apply a principle (creamy layer) to address a problem (caste-based discrimination) whose very existence it seems to question.
This approach represents a form of judicial overreach that goes beyond mere legal interpretation. It ventures into the realm of historical revisionism, potentially delegitimising the very basis of affirmative action policies enshrined in our Constitution. The extension of the creamy layer concept to SCs and STs, coupled with this ahistorical understanding of caste threatens to undermine decades of constitutional jurisprudence and social justice efforts.
This judgement is a travesty against the historical and social context within which reservations were instituted. It reflects a jurisprudence of convenience as displayed, where judges' personal proclivities, like in the case of Justice Pankaj Mithal, shape legal outcomes more than normative judicial reasoning. We are witnessing a jurisprudence of convenience driven more by the proclivities of judges than by normative reasoning grounded in the Constitution.
The constitutional manifesto for a caste census
The ongoing judicial inconsistencies surrounding the application of the creamy layer principle underscore the urgent need for a comprehensive caste census in India. The last caste census was conducted in 1931, and the social landscape of India has changed dramatically since then. It led to political bargaining with the British government. Pritam Singh, a scholar at the London School of Economics, argued in his paper that the caste data in the census reports highlighted the marginalisation of the lower castes and was used by them to make their claims for power. Due to the demands of the upper castes, caste as a census category was dropped for the 1941 Census. This was a massive setback to the lower castes, who were using the census figures to legitimise their representation in the public sector.
A caste census would provide the empirical data necessary to accurately assess the socio-economic status of various caste groups, enabling the government to tailor affirmative action policies to the needs of the most disadvantaged. Without accurate data, debates over the creamy layer, sub-classification, and other aspects of reservation policies will continue to be mired in speculation and political maneuvering. A caste census would allow policymakers to move beyond broad generalisations and develop more nuanced approaches to social justice. It would also provide a clear empirical basis for determining who qualifies for reservation benefits, ensuring that affirmative action policies are both fair and effective.
The Patna High Court's decision in Youth For Equality vs State of Bihar upholding the constitutionality of the caste survey is a step in the right direction. The court rightly noted that state governments "cannot wait on their haunches for the Central Government to carry out Census and provide details" for affirmative action under Articles 15 and 16 of the Constitution. The reluctance to conduct a nationwide caste census reflects deeper anxieties within Indian society and the political establishment.
The way forward
To move forward, the government must undertake a comprehensive caste census, providing the empirical foundation needed to develop more effective and just affirmative action policies. Only through such a data-driven approach can the country hope to achieve the constitutional vision of substantive equality and social justice for all its citizens.
As the debates over reservations and the creamy layer principle continue to evolve, it is crucial that these discussions are informed by accurate data. The failure to address these issues head-on has significant implications for the future of social justice in India. Without a comprehensive caste census, affirmative action policies will continue to be shaped by political expediency rather than empirical evidence. The resulting policies are likely to be ineffective at best and deeply divisive at worst, further entrenching the inequalities they are meant to address.
It is time for our political leadership to show courage and commitment to the principles of social justice enshrined in our Constitution. A caste census is not just a statistical exercise; it is a moral imperative for the world's largest democracy to build a truly just and equitable society for all Indians.
Benarji Chakka is Dean and Professor of Law, VIT-AP School of Law. Surendra Kumar is Assistant Professor of Constitutional Law and Philosophy at Ramaiah College of Law. They both are British Chevening scholars. Views expressed here are the authors’ own.
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In 9 years, Govt got 1,084 complaints of fake caste certificates for jobs; 92 sacked
In July, the UPSC accused Puja Khedkar of “fraudulently availing attempts beyond the permissible limit under the Examination Rules by faking her identity by way of changing her name, her father’s and mother’s name, her photograph/signature, her email id, mobile number and address”.
UPSC aspirants wait outside the exam hall in Delhi (Express File Photo by Abhinav Saha)An official scrutiny that lasted nine years till 2019 tracked 1,084 complaints of Government jobs being acquired on fake caste certificates, according to records accessed by The Indian Express under the Right To Information (RTI) Act. From these cases, 92 personnel were dismissed from service, records from the Department of Personnel and Training (DoPT) show.
These numbers (see chart) assume significance given the high-profile case this year of Puja Khedkar who is in the dock for allegedly presenting dodgy caste and disability certificates to secure a seat in the civil services.
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Shyamlal Yadav is one of the pioneers of the effective use of RTI for investigative reporting. He is a member of the Investigative Team. His reporting on polluted rivers, foreign travel of public servants, MPs appointing relatives as assistants, fake journals, LIC’s lapsed policies, Honorary doctorates conferred to politicians and officials, Bank officials putting their own money into Jan Dhan accounts and more has made a huge impact. He is member of the International Consortium of Investigative Journalists (ICIJ). He has been part of global investigations like Paradise Papers, Fincen Files, Pandora Papers, Uber Files and Hidden Treasures. After his investigation in March 2023 the Metropolitan Museum of Art, New York returned 16 antiquities to India. Besides investigative work, he keeps writing on social and political issues....
Apetition has been filed in the Supreme Court seeking a review of its August 1, 2024 judgment which allows the States to sub-classify Scheduled Castes and Scheduled Tribes to provide preferential treatment to the disadvantaged groups among them in government jobs and education. Like the Mandal Commission report, this Supreme Court ruling has stoked a controversy that will continue for some time. Meanwhile, it is a good time to revisit Yashica Dutt’s book Coming Out as Dalit: A Memoir (Aleph, 2019, R599), that gives personal insight into what it actually means to be Dalit or lower caste in India. It is useful reading, especially for those who consider themselves modern and liberal, yet discriminate against lower castes in many ways—by being outraged at reservations, by serving ‘low’ caste people in different plates, endlessly humiliating them as being a “quota-wallah.” School and college staff routinely ask for a student’s caste, which affects admission, the marks they get, whether their meagre Scheduled Caste/Scheduled Tribe allowances for tuition/accommodation will be delayed or disbursed at all (remember Rohith Vemula’s suicide?). Quick test to check your liberal credentials: how many of your close friends are Dalit or Bahujan or Muslim? How many of them are your colleagues at work or your bosses? Does that reflect a society of equal opportunity, merit and social privilege?
Also, Yashica Dutt, a New York-based journalist, author and activist, is a prime example of the “new Dalit”, who has come out as Dalit, is an accomplished achiever, dresses smartly and is articulate in English. At her whirlwind book launch tour in the US (see Instagram @yashicadutt), she is seen wearing a Rani-pink knee-length dress, black leather gloves and knee-high jack boots, with flashy rings and a gold bracelet worn over the black gloves, and heavy make-up. And why not? She had arrived, and in style. When you read her book, you understand the long and painful road from poverty and humiliating discrimination, and can better appreciate her remarkable achievements. Dutt, who grew up in Ajmer, Rajasthan, managed to study at St. Stephen’s in Delhi, then did a Master’s in Journalism at Columbia University. A former journalist at Hindustan Times, she is also the founder of Documents of Dalit Discrimination (“all I saw in the media were stories about victimised Dalits or those undeserving of reservation. There were no stories about people like me.”)
In fact, it was Rohith Vemula’s tragic suicide in 2016, that “made my silence impossible,” she writes. It prompted Yashica Dutt to stop living a lie—that she was upper caste, when she was Dalit, and in fact, a ‘Bhangi’. She writes of her grandmother working as a manual scavenger, cleaning dry excrement from people’s homes. She describes the exhausting burden of living with the secret of “passing” (as upper caste) and being terrified of being caught out. In a a deeply moving account of her family life, she describes how they struggled with her father’s alcoholism and violence towards her mother: her mother attempted suicide, though pregnant with Yashica, by jumping off the roof of the house; she survived--and amazingly, so did Yashica. Her father was earlier an Excise Inspector, but later, after he lost his job, her mother, who actually wanted to become a police officer, variously worked as a tailor, teacher, and Amway agent. At one point, there was only R4 in the house, and her mother sent her to get atta (flour) and say they were baking cakes. Still, when she was a kid, her mother would pamper her with expensive shoes with multicoloured lights that lit up when she walked, that they could ill afford, so she could feel upper caste. She writes of her determination to speak English, a sort of marker of being upper caste. She comments on the Mandal Commission report, which observed discrimination against the SC/STs, and suggested “a 27 per cent reservation for backward classes that made up almost 52 per cent of the population of the country. Along with SC/ST reservation, only 49.5 per cent of entry-level seats would be reserved for those who represented almost 75 per cent of the total population of the country.” The controversy continues unabated.
Along with her memoir, she takes us through a brief history of the Dalit movement, the Dalit community’s lack of access to education, jobs and culture, the need for reservation, and the paucity of Dalit voices in mainstream media, including Dalit women. She writes of the liberating solidarity of participating in the Ambedkarite movement in the US, and how Dalits and Dalit organisations, previously ignored, are changing the narrative by speaking for themselves, including on social media, such as UK-based Pradeep Attri’s Ambedkar’s Caravan, Round Table India (RTI), Ravichandran Bathran’s Dalit Camera, Savari and Velivada. She writes of Dalit artists creating “art that tells our stories,”including filmmakers like Nagraj Manjule, Neeraj Ghaywan and Pa Ranjith; Ginni Mahi, queen of Chamar pop; Ambedkarite Buddhist Gospel from Dhamma Angels, Mumbai, and Thenmozhi Soundararajan’s Dalit Blues. The book calls out upper castes by forcing us to confront our prejudices by presenting facts. It’s a good way for upper castes to not only learn about Dalits, but also to learn about themselves. Highly recommended.
Meenakshi Shedde is India and South Asia Delegate to the Berlin International Film Festival, National Award-winning critic, curator to festivals worldwide and journalist.
Reach her at meenakshi.shedde@mid-day.com
JJP ties up with Bhim Army as all parties eye the formidable Dalit vote in Haryana
Dalits make up 21% of Haryana population. Announcing alliance with Chandrashekhar Azad, Dushyant talks of Devi Lal-Kanshi Ram ‘links’
As per the deal worked out by the two parties, the JJP will contest 70 of the 90 Assembly seats in Haryana, and the Azad Samaj Party (ASP) 20. (Express Photo by Abhinav Saha)It will be the first political foray of Azad, the Bhim Army leader, into Haryana, but comes in the wake of his win from the Nagina Lok Sabha seat, boosting his stature within the Dalit community.
As per the deal worked out by the two parties, the JJP will contest 70 of the 90 Assembly seats in Haryana, and the Azad Samaj Party (ASP) 20. Dushyant and Azad, who incidentally are both 36, made the announcement jointly at New Delhi’s Constitution Club. Dushyant promised an alliance lasting “40-50 years”, and said they shall together work for the uplift of the downtrodden and farmers in Haryana.
Dushyant harked back to his great-grandfather Devi Lal, saying: “When Chaudhary Kanshi Ram staged a massive protest at Boat Club (in Delhi), Chaudhary Devi Lal was the first one to come and support him. At the time, Kanshi Ram demanded that B R Ambedkar be honoured with Bharat Ratna. When Devi Lal became Deputy Prime Minister, B R Ambedkar was not only honoured with Bharat Ratna but his statue was also put up at Parliament.”
The JJP chief said both leaders had taken several steps for the welfare of the community. “When Chaudhary Devi Lal became Haryana Chief Minister, he created SC choupals. Today, entire Haryana has these SC choupals,” Dushyant said, adding that in government, he too took steps such as re-development of these choupals.
The JJP, which won 10 seats in its poll debut in the 2019 Assembly elections, had emerged as a kingmaker in the hung House that followed. Its support to the BJP allowed the latter to form the government, and got Dushyant the deputy chief ministership. However, since parting ways with the BJP earlier this year, the JJP has been on the decline.
The JJP-ASP alliance has its eye on the potentially formidable caste combination of the JJP’s Jat support base and the ASP’s expected Dalit backing. The Jats make up 26% of Haryana’s population. In the 2019 Assembly elections, four of the seats won by the JJP were SC-reserved constituencies.
Earlier, the Abhay Chautala-led Indian National Lok Dal (INLD) – the original party from which Dushyant broke away to form the JJP – and Mayawati-led BSP announced that they would revive a previous tie-up for the Vidhan Sabha polls.
However, the Dalits in Haryana are not known to vote as a homogenous group, dissipating their influence. The BSP, for example, has not been able to make a mark in the state despite contesting elections here since 1998, which was the only time it won an electoral contest in Haryana. That time its candidate Aman Kumar Nagra won from the Ambala Lok Sabha seat.
In 1998, the BSP had an alliance with the Haryana Lok Dal Rashtriya (which later became the INLD).
In 2009, the BSP forged an alliance with then Haryana Janhit Congress, led by Kuldeep Bishnoi. It ended when the BSP walked out two-and-a-half months later.
Ahead of the 2019 Lok Sabha polls, the Congress held talks with the BSP for an alliance. After it did not materialise, the BSP tied up with the INLD, but broke it off just before the elections. Its new partner was the Loktantra Suraksha Party. The two parties got around 6% of the votes in all, with the BSP securing 3.6%.
But after the Lok Sabha polls, the BSP ditched the Loktantra Suraksha Party and moved towards the JJP – despite the latter being a partner of the BJP in the state. Their alliance, sealed in August 2019, lasted barely 26 days.
The SC-reserved seats in Haryana have been won mostly by the Congress and BJP. In the 2019 Assembly polls, the BJP won five of the 17 SC seats in Haryana, and the Congress seven, with the JJP winning four and one seat going to an Independent.
The BJP is also facing the anger of Jats and farmers in the state, besides resentment over the Agnipath scheme and wrestlers’ protest, making consolidation of the Dalit vote bank a potential game changer.
3 booked for casteist remarks at Dalit man for entering temple
https://timesofindia.indiatimes.com/city/dehradun/three-men-charged-for-casteist-remarks-at-dalit-man-entering-temple/articleshow/112820132.cms
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