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The Karnataka Scheduled Castes And Scheduled Tribes (Prohibition Of Transfer Of Certain Lands) (Amendment) Act, 2023 – A Balancing Act?
The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (Amendment) Act, 2023 – A Balancing Act? by Samir Malik*, Mahip Singh** and Maitri Singh***
September 13, 2024By Bhumika Indulia.
The enactment of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act) by the Karnataka State Government represented a pivotal step in social welfare legislation, aimed at safeguarding the interests of marginalised communities. It defines “granted land” broadly, encompassing any land allotted by the Karnataka Government to the Scheduled Castes and Scheduled Tribes (SCs/STs) and prohibits the transfer of lands granted to SC/ST members and to facilitate the restoration of alienated lands to the original grantees or their heirs. These agricultural lands were originally provided to assist in the economic empowerment and self-sufficiency of SC/ST communities, and the primary objective was to ensure the economic sustenance of these communities, aligning with the egalitarian principles enshrined in Article 14 and the directive principles under Article 46 of the Constitution of India. These Articles emphasise the promotion of educational and economic interests of SCs/STs while protecting them against social injustice and discrimination. However, in response to ongoing challenges and perceived inadequacies in the Act’s implementation, the Karnataka Government introduced significant amendments through the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) (Amendment) Act, 2023 (2023 Amendment). Before the PTCL Act, land grants were often regularised under the Darkhast Rules, where applicants could obtain legal ownership by submitting a request and paying the requisite fees. Despite the PTCL Act’s robust safeguards, its practical implementation encountered several challenges. One critical issue was the absence of a defined timeline for seeking the restoration of alienated lands under Section 5. The phrase “reasonable time” used in the Act was subject to varying interpretations, leading to legal ambiguity. In the landmark case of Nekkanti Rama Lakshmi v. State of Karnataka.
1, the Supreme Court ruled that a 25year delay in seeking restoration was unreasonable, setting a precedent that long delays without sufficient justification would be deemed arbitrary, potentially prejudicing third-party rights. The same is reflected in K.T. Huchegowda v. Commr. wherein the Supreme Court noted that in cases where transfer of granted land was in contravention to the provisions of the PTCL Act, the transferee acquires only a voidable title, but with long and continuous enjoyment thereof, said title can be perfected and the provisions of the PTCL Act shall not apply.
2 The judiciary, in a series of rulings including Situ Sahu v. State of Jharkhand
3 and Collector v. D. Narsing Rao
4, consistently emphasised that indefinite challenges to land transactions would create uncertainty and undermine the principle of finality in legal matters. These judgments underscored the need for a balanced approach, where the rights of original grantees are protected without infringing upon the legitimate expectations of third-party transferees. The Karnataka High Court in Devamma v. Commr.
5, applying the doctrine of reasonable period as elucidated in Nekkanti Rama Lakshmi case
6 among others, noted that if the application is moved beyond a reasonable period it would not only cut off the grantee’s rights under the PTCL Act for resumption of lands, but would also vest the possessor with title. It went on to balance the interests of both parties and further held that the doctrine is not to punish the grantee who has neglected to assert his right, but is propagated to protect those transferees who have maintained possession under registered document for a valuable sale consideration. The 2023 Amendment: A legislative response In response to the limitations highlighted by the judiciary, the Karnataka Government introduced the 2023 Amendment, which brought about significant changes to Section 5 of the PTCL Act. The Amendment added sub-sections (c) and (d), which effectively removed the limitation period for invoking the Act, thereby allowing claims for restoration of granted lands to be made regardless of the time that had elapsed. This amendment also applied retrospectively, impacting ongoing cases and altering the legal landscape significantly. The intent behind this legislative shift was to address the longstanding demands of SC/ST communities, who argued that the time-bound restrictions previously imposed were unjustly limiting their ability to reclaim their lands. By eliminating the time-limit, the 2023 Amendment sought to ensure that claims were no longer dismissed merely on the grounds of “unreasonable long delay” as seen in the Supreme Court’s judgments in Chhedi Lal Yadav v. Hari Kishore Yadav
7, and Ningappa v. Commr.
8 particularly in cases where original grantees may have been unaware of their rights or were victims of fraudulent practices. While the 2023 Amendment aims to rectify historical injustices and protect the rights of marginalised communities, it raises critical questions about the balance of power and the doctrine of separation of powers. The Amendment’s retrospective application and its nullification of established judicial precedents challenge the foundational principles of the Indian legal system. While other State legislations are sensitive to the historical background which are specific to each of them, it is pertinent that the treatment of Scheduled Castes and Scheduled Tribes has been one of significance across all States and therefore it becomes relevant to consider their implementation and effect. For instance, Section 4 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, provides a limitation period of 30 years for claims filed from 6-7-2004 and the Act itself does not apply when the transferred land has been put to non-agricultural use by the transferee. Similarly, Section 7(2) of the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999, notes that a person entitled to restoration of land must file an application within one year from the publication of the Act. The Supreme Court, in cases such as State of Karnataka v. Karnataka Pawn Brokers Assn.9, has clarified that while the legislature has the authority to amend laws with retrospective effect, it cannot override judicial decisions in a manner that violates the separation of powers.
10 The retrospective application of Section 5(c) and (d) appears to contravene this principle, potentially undermining the rule of law and leading to a flood of claims that could disrupt settled property rights and create legal uncertainty. Furthermore, the Amendment’s removal of any limitation period could be seen as arbitrary, raising concerns under Article 14 of the Constitution, which demands fairness and non-arbitrariness in State actions. The Supreme Court’s observations in Bannari Amman Sugars Ltd. v. CTO11, SBI v. M.J. James12, highlight that legislative actions must be guided by clear, rational principles to avoid being labeled as capricious or excessive. Thus, while the PTCL Act and Amendments may strive to correct historical wrongs towards the SC/ST communities who have rarely enjoyed property rights, this needs to be juxtaposed with the fundamental tenets of arbitrariness. The Supreme Court in E.P. Royappa v. State of T.N.13 expounded the ambit of Article 14 by reading in non-arbitrariness as a limiting factor in executive actions. Moreover, equality is antithetical to arbitrariness, and the Supreme Court in Shayara Bano v. Union of India14 opined that “legislation is considered manifestly arbitrary if it is excessive, disproportionate, or enacted capriciously, irrationally, or without a proper guiding principle”. In this case, the 2023 Amendment arbitrarily removes the limitation period thereby prejudicing the rights of third parties who have legitimately acquired and used the land, potentially violating their right to property as well. Striking the right balance The 2023 Amendment to the PTCL Act embodies a well-intentioned effort to rectify the historical wrongs faced by SC/ST communities in Karnataka. However, its broad and retrospective application raises concerns about legislative overreach and the potential infringement of the rights of third-party transferees who have acquired such land in good faith and for valuable consideration. While the amendment seeks to promote substantive equality for SCs/STs, ensuring that the rights of all stakeholders are protected requires a nuanced approach that respects both the historical injustices faced by SCs/STs and the legitimate expectations of those who have acquired land under the previous legal framework. Achieving social justice is a complex process that requires a delicate balance between rectifying past wrongs and upholding the rule of law, ensuring that all citizens are treated with fairness and equity. *Partner, DSK Legal, Author can be reached at: Samir.malik@dsklegal.com. **Principal Associate, DSK Legal, Author can be reached at: Mahip.singh@dsklegal.com. ***Associate, DSK Legal, Author can be reached at: Maitri.singh@dsklegal.com. 1. (2020) 14 SCC 232, para. 8. 2. (1994) 3 SCC 536, para 9. 3. (2004) 8 SCC 340. 4. (2015) 3 SCC 695, paras 25, 31. 5. 2021 SCC OnLine Kar 15825, para 15. 6. Nekkanti Rama Lakshmi case (2020) 14 SCC 232. 7. (2018) 12 SCC 527. 8. (2020) 14 SCC 236. 9. (2018) 6 SCC 363. 10. Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225, paras 292, 293. 11. (2005) 1 SCC 625. 12. (2022) 2 SCC 301. 13. (1974) 4 SCC 3. 14. (2017) 9 SCC 1, para 101. Related Patna HC strikes down laws increasing reservation for SC, ST & OBC to 65% in jobs and education June 20, 2024 In "Hot Off The Press" SC reminds Police to be vigilant before invoking stringent laws like SC-ST Act; expresses concern over litigants criminalising civil disputes June 22, 2023 In "Case Briefs" Madras High Court directs State to provide employment to woman whose brother was victim of caste-based murder August 4, 2023 In "Case Briefs" Tags : Experts Corner Karnataka SC and ST Act Maharashtra Restoration of Lands PTCL Act retrospective application Scheduled Caste Scheduled Tribe Scheduled Tribes Act Leave a comment Post navigation PREVIOUS STORY Khaitan & Co acts as the Legal Counsel to the Company and the Selling Shareholders in relation to initial public offer of equity shares of Baazar Style Retail Limited NEXT STORY ‘Powers under Art. 226 are not expansive enough to allow creation or modification of eligibility criteria for pursuing medicine’; Delhi HC refuses relief to a disabled person MOST READ 24 hours 7 days All time Events/Webinars News IIAC signs an MoU with the Ministry of Ports, Shipping and Waterways, Government of India for establishment of IIMDRC as a branch of IIAC at Mumbai Events/Webinars News IAMC Hyderabad and the Telangana High Court Advocates’ Association jointly organise Mediation Training Programme for the members of THCAA Law School News Moot Court Announcements MAIMS 5th National Moot Court Competition 2024 High Court Round Up Legal RoundUp HIGH COURTS SEPTEMBER 2024 WEEKLY ROUNDUP| Read latest updates on Arvind Kejriwal; Manu Bhaker Interview row; DHFL Bank Fraud case; and more Cases Reported Never Reported Judgments NRJ Series | A person cannot be made vicariously liable under Section 34 of IPC without having anyone to share common intention with [(1953) 2 SCC 610] Must Watch Section 125 CrPC: Can the second wife be entitled to maintenance from her husband? 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IIT Delhi's faculty diversity data sparks concerns over representation; “Where is social justice?” asks student group
All India OBC Students Association shared the data from an RTI response regarding the representation of General, OBC, SC, and ST faculties at IIT Delhi
The release of faculty demographic data yesterday, Thursday, September 13, from the Indian Institute of Technology (IIT) Delhi has raised concerns over the institution's commitment to social justice and representation.
In an X post, the All India OBC Students Association (AIOBCSA) shared the data released in response to an RTI to highlight the significant underrepresentation of marginalised communities among the current faculty of 633 members at IIT Delhi.
According to the RTI reply, out of 633 current faculty members, general category faculty members constitute 89.1% (563 members). Other Backward Classes (OBC) make up 7.1% (45 members), Scheduled Castes (SC) account for just 2.69% (17 members), and Scheduled Tribes (ST) represent 1.11% (7 members).
The RTI was filed by AIOBCSA’s National President, Kiran Kumar Gowd.
“Where is social justice? Where are the SC, ST, and OBC faculty members?” questioned AIOBCSA while sharing the data on Twitter, now X.
In spite of IIT Delhi's authorised faculty strength of 1,093, there are 460 open positions at the moment. There are concerns about the low number of faculty members from SC, ST, or OBC, especially in light of the rules that are supposed to guarantee these groups' participation.
These statistics coincide with a wider national dialogue over the requirement for inclusive policies in India's top universities.
Prime Minister Narendra Modi and Bihar Chief Minister Nitish Kumar in Delhi a day ahead of the announcement of Lok Sabha election results. The saffron party’s allies in Bihar are speaking out against its recent decisions. | Photo Credit: ANI
Trouble from allies seems to be mounting for the BJP, especially from its partners in Bihar, where the Assembly election is due next year. While K.C. Tyagi of the Janata Dal (United) or JD(U) suddenly resigned from the key role of party chief spokesperson on September 1, days after he made statements distancing the JD(U) from the BJP’s key decisions, including lateral entry into services and the Uniform Civil Code, LJP (Ram Vilas) chief and Union Minister Chirag Paswan, who had also issued statements opposing the Centre’s proposals, adopted a reconciliatory tone following a meeting with Home Minister Amit Shah after it appeared that the BJP might reopen channels of communication with his estranged uncle, Pashupati Kumar Paras.
Paswan, who proudly claimed himself to be the “Hanuman” of Prime Minister Narendra Modi, had openly expressed his opinion against a number of decisions of the Modi government in the last two months. In August, when a notification came for lateral entry recruitment of 45 joint secretaries, directors, and deputy secretaries, Paswan said that this was “completely wrong” and that his party was “absolutely not in favour” of it. Paswan, whose party has been pitching for quotas even in the private sector, wants the government to adhere to reservations whenever it issues notifications for jobs. His statement echoes the opposition’s claim that the government’s move undermines the rights of Other Backward Classes (OBCs), Scheduled Castes (SCs) and Scheduled Tribes (STs). The government later withdrew the notification.
How many castes are there in India? census figures
13/09/2024 09:30 AM
How many castes are there in India? census figures…
The debate about caste census is going on in the country. bjp is opposing it at the central level, but the government has not clarified anything yet. Meanwhile, there are also reports that the census may start from September. However, the government has not yet confirmed it. Due to the delay in the census, government schemes and policies are being made according to the census data conducted in the year 2011. In such a situation, let us know how many castes are there in the country and how many people belong to which caste.
How many castes are there in the country?
India's caste system has existed since ancient times and various ethnic groups are identified in it. Castes are traditionally based on the caste system of Hinduism, which consists of four major classes - Brahmin, Kshatriya, Vaishya, and Shudra. But, in modern times this system of castes has become even more complex and includes countless sub-castes and ethnic groups.
It is difficult to get an accurate figure of the total number of castes in india, as the process and methods of identifying castes in the census keep changing from time to time. However, the indian Census and various social studies provide us with some important figures. According to the 2011 census data, the total number of Scheduled Castes (SC) and scheduled tribes (ST) in india was 16.6% and 8.6% respectively. On the basis of percentage of total population, the number of Scheduled Castes was around 20 crores and the number of scheduled tribes was around 10 crores.
The number and diversity of castes in india is very high. The number of castes can vary in different states and regions. For example, the number of castes and sub-castes is very high in large states like Uttar Pradesh, Bihar, and Maharashtra. Talking about the total number of castes in india, the data of government and research organizations suggest that the total number of castes in the country can be in thousands. For example, thousands of castes and sub-castes are identified in caste-based data at the state level. According to the 2011 census, there are 1,270 SC, 748 st castes by march 2023.
A purported video showing the boy dancing to a song with four to five men sitting around surfaced online. In the video, the men were compelling the boy to dance with a smile.
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Updated: September 14, 2024 8:14 pm IST
The accused were produced in court, Manish Sharma said.
Kota :
A 12-year-old Dalit boy was allegedly stripped naked, forced to dance and filmed after he was caught stealing wire from an event here, police said on Saturday.
A purported video showing the boy dancing to a song with four to five men sitting around surfaced online. In the video, the men were compelling the boy to dance with a smile.
The matter came to light after police found the video and located the victim. They encouraged his family to file a complaint, police said.
Based on the complaint by the victim's father, his son had attended a comedy event on Friday night, organized at a fair in GAD Circle. Around four to five men accosted his son between 1 am and 4 am. They accused him of stealing a wire and assaulted him.
The complainant further alleged that the accused stripped his son naked and forced him to dance. They also recorded the act, police said.
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Based on the complaint, an FIR was lodged under relevant sections of the Bharatiya Nyaya Sanhita, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Protection of Children from Sexual Offences Act (POCSO), they said.
Six people, including a father-son duo, were arrested in the case, they said. The accused were identified as Kshitij Gurjar (24) alias Bittu, Ashish Upadhyay alias Vikku (52), his son Yayati Upadhyay (24) alias Gungun, Gourav Soni (21), Sandeep Singh (30) alias Rahul Bannasha, and Sumit Kumar Sain (25), they added.
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During the initial investigation, the police found that the six accused were part of a music firm and suspected the victim of stealing wire from their music system, DSP Manish Sharma said.
The accused were produced in court, Manish Sharma added.
50 Dalit families boycotted in Karnataka for Pocso case on upper caste man
YADGIR: Fifty Dalit families in north Karnataka's Yadgir district have been allegedly facing a social boycott for a month after a minor Dalit girl's parents refused to withdraw charges of sexual assault against a 23-year-old upper caste man.
Police sources said the 15-year-old girl and the man were reportedly in a relationship and he allegedly sexually assaulted her on the pretext of marriage.
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The girl informed her parents in early Aug when she was five months pregnant. When the girl's family asked the man to honour his word, his family allegedly rejected it, following which the girl's parents filed a case under Pocso Act on Aug 12. Yadgir is about 500km from Bengaluru.
Following the complaint, upper caste members of the village called the girl's parents for negotiations. However, the parents decided to proceed with the case. On Aug 13, the accused was arrested and remanded in judicial custody.Angered by this, village's upper caste leaders allegedly imposed a social boycott of about 250 Dalits residing in the village's two colonies denying them access to grocery and stationery shops, temples, salons and public spaces.
A purported audio clip of the boycott call has gone viral on social media.However, Yadgir SP Sangeetha denied any evidence of the alleged situation in the village where she's currently camping to broker peace. She urged village elders "to refrain from inhumane practices" such as boycott and ostracism. Vllagers have reportedly agreed to the SP's request.
End of Article
Andhra Pradesh Dalit woman tied to pole and beaten mercilessly Andhra Pradesh DC.
Correspondent 14 September 2024 12:22 PM Picture Courtesy : DC A group of villagers tied a Dalit woman to an electric pole and beat her up mercilessly at Kallukunta in Peddakadubur mandal of Kurnool district on Thursday night. Sources said Eeranna, son of the Dalit woman Govindamma, had eloped a few months ago with Naga Lakshmi of the same village but belonging to a different caste. The duo did so after their families refused to let them get married. Following the elopement, the girl’s parents called for a panchayat, which ordered the boy's parents to leave the village. Also Read - 25 Youth Stuck in Cambodia Return to Vizag Advertisement But Govindamma continued to stay in the village. This led to frequent clashes between the two groups. On Thursday night, a group led by family members of the girl raided the house of Govindamma, dragged her out, tied her to an electric pole in the village, and started beating her for violating the order of the panchayat. Following information provided by the Dalits, Peddakadubur police rushed to the spot and rescued Govindamma. On Friday, a video of the Dalit woman being beaten up got viral on social media. This has led to Dalit organisations demanding stringent action against the attackers. Police have registered a case and are investigating. ( Source : Deccan Chronicle ) Dalit woman beaten Kurnool district Andhra Pradesh News India Southern States Andhra Pradesh Anantapur About the Author DC.
From the margins to the mainstream: how films are elevating marginalised voices
PREMIUMPublished / Updated- September 13, 2024 08:30 ISTHARISH S. WANKHEDEParvathy on the sets of ‘Thangalaan’ | Photo Credit:
Dalit cinema is emerging as a powerful force, shifting the focus from elite-centric narratives to the stories of marginalised communities; they not only highlight the struggles and aspirations of oppressed groups but also offer mainstream appeal, paving the way for greater inclusivity in Indian cinema.
The recently released three mainstream films Thangalaan, Vaazhai (Tamil), and Veda (Hindi) are of historic significance. Away from the conventional trends of populist flicks, which often celebrate the cultural and political domination of the social elites, these films revolve around the concerns and dreams of socially marginalised groups. By introducing powerful Dalit protagonists, these films advance a nascent but impressive journey of Dalit cinema, registering a claim for greater democratisation in the Indian film industry.ALSO READThe slaying of the Sarkata: The changing portrayal of the female protagonist in 2024
A visible domination of a peculiar brand of films — often called the ‘masala entertainments’ — and filmmakers, mainly the rich social elites, have made Indian cinema a sphere that lacks democratic credentials. While entertainment-centric popular cinema is necessary for sustaining the film industry, its core centrality for profit and entertainment has marginalised the ethical concerns around which any art form shall be conceptualised. For example, fame, profits, and privileges are appropriated by the niche social elite junta, making the marginalised social groups a dormant spectators of cinematic magic. Ironically, the scant presence of artists and filmmakers from vulnerable social groups such as Dalits, Adivasis, and Other Backward Castes, is not seen as an unhealthy convention in the film fraternity.In recent years, the Dalit cinema genre tried to bring some reforms to the conventional routine of popular Indian cinema. The impetus for this change has been driven largely by the regional film industry, especially the Marathi and Tamil cinema, which offers exceptionally brilliant artwork that caters to the interests and concerns of marginalised social groups, and quality entertainment to the general audience. Nagraj Manjule’s Fandry (2013), Sairat (2016), and Naal (2018) set impressive examples of films that are both socially sensitive and commercially successful. Later Marathi films like Uchalya (2015), Jayanti (2021), Kasturi (2019), Zollywood (2022), Aatmapamphlet (2023), etc. kept the momentum on, building a crucial dialogue on cinema’s responsibility in offering socially responsible films. However, it is the Tamil filmmakers who have created a strong stir to establish this genre as a significant commercial model.ADVERTISEMENTA still from Marathi film ‘Aatmapamphlet’More possibilities.
Pa Ranjith’s earlier successful films — Madras, Kala, and Kabali — have advanced the idea of a new Dalit hero. Big film stars like Rajinikanth are roped in to tell stories about the crises in Dalit lives, their resilience, and heroic attributes. This success was further cultivated creatively by brilliant filmmakers, especially Mari Selvaraj (Karnan, 2021 and Pariyerum Perumal, 2018) and Vetrimaaran (Asuran, 2019 and Viduthalai, 2023), substantiating the arrival of ‘Dalit genre’ in Indian cinema. By offering nuanced Dalit characters, bestowed with mainstream heroic credentials (like Rajanikant’s character in Kabali, Dhanush in Karnan, and Udhayanidhi in Maamannan), it breaks the conventional ‘victim’ stereotypes attached to the representation of Dalit characters on screen.ALSO READAnalysing ‘Dahaad’ and the birth of strong Dalit feminist heroes The Dalit genre in Tamil and Marathi cinema thus created a strong rupture, influencing the Hindi film industry to take its cognisance. As a response, Bollywood has also supplemented this churning by offering powerful Dalit characters in earlier films like Masaan (2015), Manjhi-the Mountain Man (2015), and recently Jhund (2022), Shamshera (2022), Bheed (2023), and now Veda (2024). Interestingly, while this emerging Dalit genre sensitively showcases the claims and desires of the marginalised communities, these films also ensure quality entertainment with the influx of dance, music, drama, and action sequences.This genre thus offers a possibility that the Dalit character may also emerge as a ‘mainstream hero’, their stories can be inspirational tales and the artists belonging to the Dalit-Bahujan strata may gain mainstream fame. The recent success and critical acclaim of Thangalaan and Vaazhai suggest that this genre is here to stay.A still from ‘Vaazhai’Within the intellectual discussions on Indian cinema, the popular Hindi cinema has not received a respectable appreciation. It is often seen as a profit-seeking industry that creates hyper-sensational fiction to bewitch the audience, taking them away from engaging with crucial social and political concerns.In the mid-1970s, the few aberrations that offered critical and socially sensitive narratives were marked as alternative genres or the art-house cinema, restricting its celebration within the mainstream cinema culture. There is an apprehension that the recent arrival of a nascent but impressive Dalit cinema can be relegated with similar tags to retain the domination of conventional ideas and identities in the filmmaking enterprise.ALSO READHow ‘Aatmapamphlet’ engages with caste through the eyes of a happy-go-lucky teenagerConnect, promoteIt is an appropriate time for the film fraternity to recognise and collaborate with the outstanding cinematic works of artists and producers from socially marginalised communities, elevating them as an inspiration for the new generation.New cultural festivals, public institutions, and policy frameworks by the state are required that would promote the culture and talent of diverse social groups that are often marginalised in mainstream discourse on cinema, art, and festivity. It is essential to create new platforms and old institutions of popular culture to improvise in order to connect and promote the producers, artists, and technicians from Dalit, Adivasi, and Other Backward Caste communities.It is also crucial for more Dalits to join the film industry as producers, technicians, and directors bringing their stories and talents. It is high time that the nascent Dalit genre shall be recognised as part of the reformist cinema track, guided by an inclusivist vision, showcasing that the film industry has a crucial responsibility towards promoting social diversity and the values of social justice.Harish S. Wankhede is Assistant Professor, Centre for Political Studies, School of Social Sciences, Jawaharlal Nehru University, New Delhi
A political contest may emerge in Dalit politics, fragmenting it into castes that have benefited most from affirmative action and the more disadvantaged castes.
By Badri Narayan
Neither the Dalit community nor Dalit politics are homogeneous. Both have various colours, shades, and voices. Even during BR Ambedkar’s time, Dalit politics and opinions were represented by different leaders, and in multiple directions.
BR Ambedkar, Palwankar Baloo, Jagjeevan Ram, Annabhau Sathe, Swami Achootanand, and Ajodhya Prasad Dandi, among others, represented Dalit opinion in the first few decades of the 20th century. Interestingly, all these leaders appeared at different times within the first half of the 20th century and provided a base for the rise and growth of the Dalit movement in India. Most emerged from numerically larger communities within Dalits, which had moved qualitatively towards education — such as Mahar and Harijan. The other communities in the Scheduled Caste (SC) list haven’t produced leaders who held sway over the larger Dalit politics. The few from these communities who had leadership potential could not acquire national influence. Masuriya Din from the Pasi community, Badri Balmikanand from the Valmiki community in Uttar Pradesh, and Bhola Paswan Shastri and Yasoda Devi from the Paswan communities from Bihar are notable.
Since Dalit politics in pre- and post-colonial India remained largely dominated by leaders of the numerically-dominant communities such as Mahar, Chamar, Pasi, and Paswan, the Dalit movement, as well as the larger Indian political discourse, was centred on these voices. Thanks to political visibility and other reasons like the spread of education and the competition for the benefits of development and social justice-related resources, the numerically large communities dominated policy formulation and political opinion. Slowly, however, social tensions due to the unequal distribution of social justice and developmental resources started becoming apparent. The smaller Dalit communities started expressing their angst against the dominance of the larger communities in courts and various other forums. Popular voices from the smaller communities began to assert the need for sub-classification, with the provision of “quota within quota” for the relatively more deprived communities among the SCs.
The recent Supreme Court ruling allowing the state governments to make sub-classifications in reservation must be seen against this backdrop. This has sparked a furore among sections of Dalit politics. Most parties and politicians connected to the larger communities, such as Mayawati and the Bahujan Samaj Party, Chandrashekhar Azad and the Bhim Army, and Chirag Paswan and the Lok Janshakti Party, oppose this verdict. However, Jitan Ram Manjhi and the Hindustani Awam Morcha, and various activist groups connected to castes such as Valmiki, Musahar, Dhobi, Koree, Madiga in Andhra Pradesh-Telangana, and Matang, Mang, and Chambhar in Maharashtra have hailed the apex Court ruling.
Since the larger communities dominate Dalit politics, their pressure has forced national parties such as the Congress to keep silent on the issue. However, the party’s leaders in the states, such as Siddaramaiah in Karnataka and Revanth Reddy in Telangana, have supported this verdict — given the growing political assertion of non-dominant Dalit castes in their states. The Court ruling has met enthusiastic support in Tamil Nadu, which had already enacted sub-classification legislation in the interest of Dalit groups such as the Arundhatiyars.
Due to constant pressure from Dalit leaders belonging to dominant Dalit communities, the National Democratic Alliance government has never been able to legislate a creamy-layer limit for SC reservations. It doesn’t explicitly oppose sub-classification of the SCs or a creamy layer for SC reservation.
How will the issue affect the larger Dalit politics? First of all, castes in favour of sub-classification may get cleaved away from Dalit political outfits led by dominant Dalit communities. A competitive political contest may emerge in Dalit politics, fragmenting it into two blocks — castes that have benefited the most from affirmative action and the more disadvantaged castes. There have been many calls for leaders from non-dominant Dalit groups to quit and oppose the BSP and the Bhim Army. There is another dimension to this appeal: To support only those political parties who vocally support the sub-classification issue.
So, it will weaken the politics of Mayawati, Paswan, and others while opening up possibilities for the rise of smaller Dalit communities within the larger Dalit politics. It may foster the so-called rainbow alliances of smaller Dalit parties. This, in turn, would mean a reorientation of Indian democracy towards smaller social groups. This new configuration may be echoed in the national political parties that will speak about the most marginalised, disadvantaged communities. Leaders of the second- or third-largest Dalit communities, such as Valmiki in Punjab, Madiga in Telangana, Matang in Maharashtra, and Musahars in Bihar and Uttar Pradesh, will likely become more weighty voices in Dalit politics.
This moment in Dalit politics could also mean a churn outside the communities by, for instance, forcing the media to highlight the opinions of leaders from communities that have remained unheard in the mainstream so far. How this heteroglossia of Dalit aspiration provides a new form and life to Dalit politics remains to be seen.
Badri Narayan is director, GB Pant Social Science Institute. The views expressed are personal
A group of villagers tied a Dalit woman to an electric pole and beat her up mercilessly at Kallukunta in Peddakadubur mandal of Kurnool district on Thursday night.
Sources said Eeranna, son of the Dalit woman Govindamma, had eloped a few months ago with Naga Lakshmi of the same village but belonging to a different caste. The duo did so after their families refused to let them get married. Following the elopement, the girl’s parents called for a panchayat, which ordered the boy’s parents to leave the village.
But Govindamma continued to stay in the village. This led to frequent clashes between the two groups. On Thursday night, a group led by family members of the girl raided the house of Govindamma, dragged her out, tied her to an electric pole in the village, and started beating her for violating the order of the panchayat. Following information provided by the Dalits, Peddakadubur police rushed to the spot and rescued Govindamma.
On Friday, a video of the Dalit woman being beaten up got viral on social media. This has led to Dalit organisations demanding stringent action against the attackers.
Police have registered a case and are investigating.
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Sivaji.UT news.Chief,kadapa.AP. In India There are 143 reserved MPs and 62 SC.STs won in general seats.143(reserved seats)+62(general seats)=205..sc.st out of 543..Lok Sabha MPs.38%.Dr Ambedkar is winning slowly in Dr Ambedkar India....good. GOOD NEWS. The facts from EC.website.SC.ST.. 20%(19.7) are elected in General Seats merritoriously. Dalit,SC.ST candidates in general seats rarely win. 🐜🐜🐜🐜🐜🐜🐜🐜🐜🐜🐜🐜🐜🐘🐘🐘🐘🐘🐘🐘🐘🐘🐘🐘🐘🐘🐘 ALL INDIA LEVEL ✈️✈️✈️✈️✈️✈️✈️✈️✈️ In all India level Overall, since 2004, 5,953 SC/ST candidates have contested from (general seats ) unreserved seats in Lok Sabha elections, with 62 (or just over 1%) of them winning. In state Assembly elections, the number is almost similar, at 20,644 such candidates, and 246 recorded wins (1.19%). Lok Sabha elections Since 2004, the highest number of SC/ST winners in general seats were seen in 2024 last year’s Lok Sabha elections, at 22 (two of them women) – though, their number h...
Thank you for your response.Sivaji.
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