09.02.2025..Untouchablity News.....अछूत समाचार.தீண்டாமை செய்திகள்.by Team சிவாஜி. शिवाजी .Shivaji.asivaji1962@gmail.com.9444917060.asivaji1961@gmail.com.facebook.sivajiyogatiruvannamalai.X.ShivajiA479023.
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Beaten for drinking water? Dalit student became victim of PTI’s cruelty in Baran school, beaten by throwing on the road
Posted On February 10, 2025.
In Baran district of Rajasthan, a physical teacher brutally beat a Dalit student of class 10 for drinking water. The teacher threw the student on the road and beat him with kicks and punches. The injured student is being treated in the hospital. Police is investigating the matter and no action has been taken against the teacher.
Contributed by Arjun Arvind |Edited by Sudhendra Pratap Singh
Teacher brutally beat student in Rajasthan school
15-year-old Dalit student Sunil admitted to hospital
Police started investigating the matter, but no action was taken
Teacher accused of caste discrimination
A case of beating of a Dalit student has come to light in Baran.
Baran: A serious case of beating of a student by a teacher has come to light in Baran district of Rajasthan. This incident is from PM Shri Government Higher Secondary School located in Kawai area of ??the district, where a physical teacher brutally beat a Dalit student over drinking water. The injured student is currently undergoing treatment in the hospital.
The teacher beat the student after throwing him on the ground
According to the information, the physical teacher posted in the school, Ravi Bindal, threw 15-year-old Sunil Meena, resident of Amapura, on the ground and beat him badly with kicks and punches. Despite this incident, till now the education department has not taken any action against the accused teacher, while the police is investigating the matter.
The teacher got angry over drinking water
According to eyewitnesses, when class 10 student Sunil Meena was going to drink water, teacher Ravi Bindal saw him and suddenly got angry and started beating him. It is being told that after reaching the school on Saturday, Sunil felt thirsty, and as soon as he went to drink water, the teacher stopped him and started beating him without any warning.
Family informed the police
The student was seriously injured due to the beating, after which the school administration informed his family. The family immediately reached the school and took Sunil to the hospital. After the incident, the victim’s family has lodged a complaint in this regard at Kawai Salpura police station.
Fled on the road and beaten brutally
Student Sunil told that when he was going to drink water during prayer, the teacher threw him on the road in front of the school and beat him with kicks and punches. Sunil’s father also alleged that his son was badly beaten up and he was thrown on the road and beaten brutally. At present, the student is undergoing treatment in the district hospital, and the family is demanding justice.
What worked in Milkipur: Backward, Dalit voters shifted towards BJP, Muslim turnout remained low
Posted On February 10, 2025
Ayodhya: The resounding triumph secured by BJP in the Milkipur by-election substantiated that a significant proportion of Backward classes had shifted towards BJP, abandoning their conventional support to Samajwadi Party. Additionally, Muslim, who traditionally support Samajwadi Party en bloc, did not come out in full strength to vote. Former Ayodhya MLA Pawan Pandey failed to rope in the Brahmin voters. In all, SP’s PDA – which worked wonders in 2024 Lok Sabha polls – failed to make an impact for the party in the bypolls.
According to caste statistics, in Milkipur constituency, the Dalit community has a dominant share of 30% of total voters while Yadavs and Muslims constitute 15% each. Apart from it 25% voters belong to upper castes, including Brahmins, Thakurs and Baniyas. The remaining 15% voters are from the most backward classes.
It was a biggest challenge for BJP to dent the Yadav community and mobilise it towards BJP. “The saffron Party silently worked hard on this mission. The party cadre connected with Yadav pradhans, former pradhans from the community and also to those who contested small elections but lost,” said a source. “The main role behind mobilizing Yadavs was played by RSS functionaries and they had been at it for the past six months,” he added.
The Samajwadi Party was also hopeful of getting a sizable portion of Brahmin votes, and it tasked former Ayodhya MLA Pawan Pandey, a close associate of SP chief Akhilesh Yadav, for the job. “No doubt Pawan Pandey is connected to the Brahmin community, but he couldn’t swing them towards the Samajwadi Party,” said Ram Adhaar Tiwari, a local priest in Milkipur.
Most importantly, Dalit voters, who form the biggest chunk in Milkipur, opted to vote for BJP. The party cadre managed to swing two major Dalit groups, Pasis and Koris, in their favour.
“When our community observed that they (BJP) has managed a big share from Yadav voters, we too opted to vote for BJP,” said Ram Bodh, a member of Pasi community.
To worsen the prospects for the SP, Muslims, who traditionally support the party en bloc, did not come out in full strength to vote in Milkipur. Maqsud Ali, a Samajwadi Party worker in Ayodhya, said, “We are amazed why Muslims didn’t come out for polling in full strength. We will definitely investigate this because it is a matter of great concern for us.”
SC/ST Fee Exemption: Supreme Court, Railways Flout DoPT Guidelines—Dalit Rights Body Raises Alarm
Posted On February 9, 2025.
The Supreme Court’s recruitment notice has put the judiciary itself under scrutiny for non-compliance of DoPT guidelines.
Geetha Sunil Pillai
New Delhi- A fresh controversy has erupted over the imposition of application fees on Scheduled Caste (SC) and Scheduled Tribe (ST) candidates by the Supreme Court of India and the Railway Recruitment Board (RRB), despite clear directives from the Department of Personnel and Training (DoPT) exempting such candidates from examination fees. Bahujan intellectuals and legal experts have strongly condemned this move, terming it a blatant violation of government policies meant to provide equitable opportunities to marginalized communities.
Notably, following an investigative report by The Mooknayak titled “Are PSU Recruitments Designed to Exclude SC-ST Candidates? Why Bahujan Communities Are Protesting Against RITES and BHEL” published on February 5, RITES LIMITED (Rail India Technical and Economic Service) has revisited and revised its application fee policy for SC/ST candidates.
RITES Ltd announced that the application fee collected from SC/ST and Persons with Benchmark Disabilities (PwBD) candidates will be refunded to those who appear for the written test or interview. A corrigendum to this effect will be issued shortly.
Recruitment notifications by the RRB and Supreme Court requires SC/ST candidates to pay Rs 250 against application fee.
The Mooknayak Impact: RITES Revises Recruitment Policy, SC/ST Candidates to Get Fee Refund—Corrigenda to Be Issued
Supreme Court’s Recruitment Notice Sparks Outrage
The Supreme Court, in its latest recruitment advertisement (No. F.6/2025-SC (RC), dated February 4, 2025), has invited applications for 241 vacancies for the post of Junior Court Assistant (Group ‘B’ Non-Gazetted). The advertisement states that SC/ST/Ex-Servicemen/Differently Abled/Freedom Fighter candidates are required to pay a non-refundable application fee of Rs. 250/- plus bank charges.
This clause has triggered strong reactions from legal experts and activists who argue that it contradicts the DoPT Office Memorandum No. 36011/3/84-Estt. (SCT), dated July 1, 1985, which clearly exempts SC/ST candidates from any examination fee in government recruitments.
Shubham Kumar, an engineering student from Patna, questioned whether citizens have the right to challenge the Supreme Court on such violations. “Are we even capable of lodging a criminal case against the Supreme Court authorities who are openly violating DoPT guidelines? When the judiciary itself disregards these provisions, what hope do we have?” he asked.
The DoPT order no. 36011/3/84-Estt. (SCT) dated July 1, 1985, clearly states that SC/ST candidates must be exempted from any recruitment examination fee.
The DoPT order no. 36011/3/84-Estt. (SCT) dated July 1, 1985, clearly states that SC/ST candidates must be exempted from any recruitment examination fee.
Adding to the controversy, the Railway Recruitment Board (RRB) also issued a notification for the recruitment of 11,250 Ticket Collectors with an application fee structure that demands Rs. 250 from SC/ST/PwD candidates.
The recruitment drive, that began in January, has drawn criticism for the same pattern as the Supreme Court, despite clear-cut exemption policies for marginalized groups.
Recruitment notifications by the RRB and Supreme Court requires SC/ST candidates to pay Rs 250 against application fee.
BHEL Under Fire for Charging Fees from SC/ST Candidates, Violating Government Norms
Dalit Lawyers and Activists Condemn the Move
Anand S. Jhondale, Convenor of the Supreme Court Dalit Advocates Association, termed the imposition of application fees on SC/ST candidates as “a direct contravention of the prevailing laws and policies set forth by the Government of India.” He emphasized that the DoPT guidelines unequivocally prohibit charging examination/recruitment fees from SC/ST candidates and that the actions of the Supreme Court and Railways amount to an open disregard for these protective measures.
Nagsen Sonare, President of the Dr Babasaheb Ambedkar National Association of Engineers (BANAE), vowed legal action against institutions failing to comply with government policies. “After RITES agreed to reimburse application fees, we will ensure other non-compliant government offices follow suit. We have issued a notice to the CMD of BHEL, and if they fail to adhere to the guidelines, we will file a case under the SC/ST (Prevention of Atrocities) Act,” he warned.
Legal experts suggest that affected candidates can challenge these recruitment notifications in court. Under the SC/ST (Prevention of Atrocities) Act, 1989, any willful violation of government policies designed to protect SC/ST rights can amount to discrimination. Additionally, Article 14 and Article 16 of the Constitution provide grounds for challenging such discriminatory recruitment practices.
Bahujan intellectuals and activists have long raised concerns over the increasing trend of government agencies and PSUs demanding fees from SC/ST candidates despite clear DoPT instructions. This issue, they argue, reflects a broader attempt to dilute affirmative action measures that were instituted to uplift historically marginalized communities.
The Mooknayak has sent emails to Dr. Jitendra Singh, Minister of State for Personnel, Public Grievances and Pensions and the secretary drawing attention over the ongoing violations of the DoPT guidelines regarding the exemption of examination fees for the reserved category candidates. The news would be further updated after receiving responses from the officials.
The Supreme Court’s recruitment notice has put the judiciary itself under scrutiny for violating DoPT guidelines. As dissent grows, legal challenges seem imminent. The Bahujan community, along with legal associations, is gearing up to hold institutions accountable for such policy violations.
Whether the Supreme Court will reconsider its stance and revoke the fee for SC/ST candidates remains to be seen, but the controversy has certainly sparked a much-needed conversation on the erosion of affirmative action policies in India.
Four days after Dalit-police clash, Faridkot village still tense.
February 9, 2025
Tension continues to prevail at Chandbhan village in Faridkot district even four days after a violent clash between members of the Dalit community and the police. The confrontation, which erupted on February 5 over a water drainage dispute, has led…
Article_Author Balwant Garg
Tension continues to prevail at Chandbhan village in Faridkot district even four days after a violent clash between members of the Dalit community and the police. The confrontation, which erupted on February 5 over a water drainage dispute, has led to widespread protests and growing outrage against the police.
The problem began after demonstrators blocked the Bathinda-Kotkapura road, demanding a resolution to the dispute. The protest turned violent when the police attempted to disperse the crowd, leading to allegations that protesters pelted officers with stones, injuring many of them.
Following the clash, the police arrested 39 protesters and registered criminal cases against 91 individuals, including village Sarpanch Amandeep Kaur and her husband Kuldeep Singh, on the charges of robbery, vandalism, assaulting police officers and damaging public property.
Most of the arrested individuals belong to the Dalit community and there are allegations that the police entered houses of protesters, beat up family members and vandalised their belongings.
While the police have denied these accusations, a video on social media has intensified the controversy. The video reportedly shows members of the opposing faction firing shots in the air and throwing stones at protesters in the presence of police.
After the emergence of that video, several social and Dalit organisations have accused the police of favouring one faction. In response to mounting pressure, the Faridkot police on Saturday registered a case against an individual for firing shots on February 5.
Angered by the police response, various Dalit and employee unions have announced to gherao the SSP office on February 10.
At a meeting by organisations such as the Punjab Khet Mazdoor Union, Pendu Mazdoor Union, Naujawan Bharat Sabha and the Kirti Kisan Union, an action committee was formed to protest against the police’s alleged bias and brutality. Women and children from affected families also participated in the meeting, accusing the police of oppression and demanding justice.
Faridkot SSP Dr Pragya Jain denied allegations of bias and brutality. She said the police had taken action against all those who violated the law and attacked the police.
14-year-old Dalit boy forcibly circumcised, named Noor Mohammad: Kept hostage, starved and made to read namaz, victim said- Muslim stepmother got my father killed and threw me out of the house
Posted On February 9, 2025
The teenager told that after his mother’s death, his father married a Muslim woman for the second time. After this, Muslim people started coming to his house. The teenager said that his stepmother got his father killed for property and threw him out of the house.
A case of converting a teenager by circumcising him has come to light in Barabanki, Uttar Pradesh. He was made to work in a hotel and was constantly tortured. He was kept hostage and was not even given food. The teenager says that after his mother’s death, his father married a Muslim for the second time, but that woman got his father killed and then threw him out of the house.
In this case, Vishwa Hindu Parishad workers have lodged an FIR in the police station. The 14-year-old boy has been sent to the juvenile correction home for now. The boy is originally from Azamgarh. District convener of Vishwa Hindu Parishad in Barabanki, Vinay Singh Rajput, says that he was standing near the Hind Medical Store near Palhari intersection. A boy came there and first told his name as Noor Mohammad, then told his Hindu name.
After this, Vinay Singh got suspicious and talked to him in detail. The boy told that he is from Atraulia in Azamgarh. He belongs to the Dalit community. He told that after his mother’s death, his father married a Muslim woman. After this, Muslim people started coming to his house. The boy said that his stepmother got his father killed for property and threw him out of the house.
During this time, he came in contact with Riyasat, who works as a scrap dealer, and his son Murshid. Both of them kept him with them for several months and made him work for free. After this, in the name of getting him a job, Murshid brought him to Barabanki and got him a job in a restaurant. The name of this restaurant is Afifa Restaurant. Here he was made to work and was not even given proper food.
The teenager told that one day the owner of Afifa Restaurant asked him about his family. The boy told that he did not have a family. After this, the owner of the hotel took him to the hospital by luring him with his words and got him circumcised there. After returning to the restaurant, his owner said, “Now you have become a Muslim and your name has become Noor Mohammad.” After this, the owner of the restaurant started forcing him to read Namaaz.
On the basis of the complaint, the police have registered a case against Murshid, his father Riyasat Ali and the owner of Afifa Restaurant for religious conversion, SC-ST Act and physical exploitation. The Barabanki police presented the child in the Juvenile Justice Board Azamgarh and got his statement recorded. The teenager has told the Justice Board about this in a systematic manner. The board has got him counseled.
Courtesy : Hindi
6
How AAP’s Unfulfilled Promises Helped BJP in Delhi’s Assembly Constituencies Reserved for DalitsauthorAtul Ashok Howale
Posted On February 9, 2025
Many slums with high Dalit population continued to lack basic amenities, and voters openly expressed their dissatisfaction with AAP.
Atul Ashok Howale
New Delhi: The Bharatiya Janata Party (BJP) won a significant victory in Delhi on Saturday (February 8), defeating the ruling Aam Aadmi Party(AAP) in the Delhi assembly elections. The BJP is all set to form the government in Delhi after 27 years, having won 48 assembly seats, while AAP had to settle for 22 seats.
Many prominent AAP leaders faced defeat in this election. Former Delhi Chief Minister and AAP convener Arvind Kejriwal lost the New Delhi assembly constituency. Also, senior party leader and former deputy chief minister of Delhi, Manish Sisodia, had to accept defeat in the Jangpura constituency. AAP minister Saurabh Bhardwaj too lost from the Greater Kailash constituency.
Out of the 70 seats in the Delhi Assembly, 12 seats were reserved for Scheduled Castes (SC). The BJP won four out of the 12 reserved SC constituencies, while the AAP retained the remaining eight.
BJP makes inroads in reserved constituencies
The BJP won in Bawana, Trilokpuri, Mangolpuri, and Madipur, while the AAP secured victory in Ambedkar Nagar, Karol Bagh, Deoli, Kondli, Gokalpur, Patel Nagar, Seemapuri, and Sultanpur Majra.
In the last two assembly elections held in 2015 and 2020, the AAP had dominated these reserved constituencies. During those elections, the AAP won all 12 seats, securing strong support from the Dalit community.
However, in the 2025 election, the equation changed, and the AAP lost four out of the 12 seats. The Congress failed to win a single seat among these 12 reserved constituencies.
Dalit voters form a significant portion of the Delhi Assembly electorate, and their influence extends beyond the reserved constituencies to other seats. Since the formation of the AAP, Dalit voters have largely supported the party.
But this time, some Dalit voters had shifted towards the BJP. Before the elections, The Wire spoke to Dalit voters in some reserved constituencies, including Madipur, where the Valmiki community was unhappy with the AAP’s performance.
In Madipur, BJP’s Kailash Gangwal defeated AAP’s Rakhi Birla. Gangwal got 52,019 votes, while Birla secured 41,120 votes. Congress candidate Jaiprakash Panwar is in third place with 17,958 votes.
In Madipur, local Dalit voters were displeased with the Aam Aadmi Party (AAP) for changing its candidate. In the 2015 and 2020 elections, Girish Soni had won after contesting on an AAP ticket but this time the party had fielded Rakhi Birla instead of Girish Soni in Madipur.
Kejriwal government’s welfare schemes had earlier helped it to secure Dalit votes
On the other hand, in constituencies such as Karol Bagh, AAP’s Vishesh Ravi secured a comfortable win. Dalit voters in Karol Bagh firmly stood behind Ravi and the AAP.
The work done by Ravi played a significant role in securing the support of Dalit voters in Karol Bagh who lived in the slum areas and small colonies for the AAP. Ravi received 52,297 votes, while BJP’s Dushyant Gautam secured 44,867. Congress candidate Rahul Kumar remained in third place with 4,252 votes.
Before the elections, when The Wire had spoken to Dalit voters in the Karol Bagh constituency, it was observed that many traditional Congress-supporting Dalit voters had shifted towards the AAP.
The main reason for this shift was the Kejriwal government’s free water and electricity policy. A large number of Dalit voters in Delhi live in slum areas and depend on daily wage labour or manual work. In such a situation, schemes such as free electricity and water directly influenced Congress’s core Dalit voter base, leading them to support AAP.
AAP’s Pravesh Ratan won the Patel Nagar assembly seat, securing 57,512 votes and defeating BJP’s Raj Kumar Anand by 4,049 votes. Anand, who received 53,463 votes, was among the key Dalit leaders who left the Aam Aadmi Party(AAP) before the elections to join the Bharatiya Janata Party (BJP). Congress candidate Krishna Tirath finished third with 4,654 votes. Despite switching parties, Anand faced defeat in the election.
AAP fell short in actual development in Dalit-dominated areas
In the Ambedkar Nagar assembly constituency, AAP’s Dr. Ajay Dutt emerged victorious, securing 46,285 votes, while BJP’s Khushi Ram Chunar received 42,055 votes. Congress candidate Jai Prakash finished third with 7,172 votes.
Dalit voters, particularly women, primarily supported AAP in this constituency. From 1993 to 2008, the Congress dominated this seat, but since AAP’s rise in 2013, its candidate has consistently won elections here, including in 2025. The BJP has never won the Ambedkar Nagar assembly seat since 1993.
BJP’s Raj Kumar Chauhan won from the Mangolpuri assembly constituency. Since 2013, AAP’s Rakhi Birla had secured three consecutive victories in Mangolpuri, but this time, AAP changed her constituency, which led to a shift in the contest.
BJP’s Raj Kumar Chauhan secured victory with 62,007 votes, while AAP’s Rakesh Jatav received 55,752 votes. Congress candidate Hanuman Chauhan finished third with 3,784 votes.
Mangolpuri was once a stronghold of the Congress party, but after 2013, AAP continuously won the seat. However, in this election, the BJP candidate secured victory in Mongolpuri.
Since 1993, the party winning the most Dalit-reserved seats has typically remained in power in Delhi. In the 1993 elections, the BJP secured eight out of 13 reserved seats, while Congress won Five. However, in 1998, Congress swept all 13 reserved seats and formed the government. This trend continued in 2003, with Congress winning 11 out of 13 seats and BJP managing only two.
In 2008, the Congress won nine reserved seats, the BJP secured Two, and the BSP gained one seat. The 2013 elections marked a shift with the rise of AAP, which won nine out of 12 reserved seats while the BJP got two and Congress could win just one seat. Thereafter, AAP further strengthened its Dalit vote bank dominance in the 2015 and 2020 elections by winning all 12 reserved seats.
A significant number of Delhi’s Dalit voters reside in small colonies and slum areas, and they traditionally supported Congress before 2013. However, with the rise of the Aam Aadmi Party (AAP), this vote bank gradually shifted in its favour, leading to AAP’s clean sweep of all 12 reserved constituencies in the 2015 and 2020 elections.
A major reason for AAP’s success over the past years in reserved constituencies was largely driven by its ‘freebies’ politics, which helped secure Dalit voter’s support.
However, the party fell short in actual development in Dalit-dominated areas. Before the elections, many slums with high Dalit population continued to lack basic amenities, and voters openly expressed their dissatisfaction over the unfulfilled promises of infrastructure improvement.
Courtesy : The Wire
7.
After six years in jail, two activists accused in India’s Bhima Koregaon case released on bail
After spending six years in jail without trial, Indian activists Rona Wilson and Sudhir Dhawle were finally granted bail.
Rona Wilson and Sudhir Dhawale are released from jail on January 24, 2025. Photo: X
Rona Wilson and Sudhir Dhawle, two of the 16 human rights activists arrested in the Bhima Koreagaon case under India’s draconian Unlawful Activities Prevention Act (UAPA), were released on bail on January 24 after spending nearly six and half years in prison waiting for trial.
They were released from Mumbai’s Taloja Jail two weeks after the Bombay High Court had granted them bail on January 8 on the basis of delay in their trial and long years of incarceration.
Nevertheless, they were released on stringent bail conditions including regular visits to the National Investigation Agency (NIA) headquarters, surrender of their passports, restrictions on travel outside Mumbai and a surety of 100,000 rupees (USD 1,142).
Repression of Dalit and human rights activists in India
Sudhir Dhawle is an activist who advocates for the rights of India’s Dalit castes, commonly known as untouchables, and publishes a left leaning Marathi magazine Vidrohi (Rebel). Wilson, a researcher, is also a known human rights activist affiliated with the Committee for the Release of Political Prisoners (CRPP).
The UAPA cases against them and 14 other people are related to the eruption of caste based violence at Bhima Koregaon, near Pune in India’s Maharashtra province, in January 2018, in which one person was killed.
Speaking to Scroll earlier this month, Wilson claimed that his arrest was a warning to others who stand against the abuse of power by the government or question its policies. He questioned the integrity of India’s criminal justice system claiming even the courts failed to deliver justice.
All of those arrested in the Bhima Koregaon/Elgar Parishad case are well-known activists and academics critical of India’s caste system and ultra right-wing ideology followed by the ruling Bharatiya Janata Party (BJP). Some of them also worked for the rights of Indigenous populations in the country.
Their arrest and successive refusal by the courts in India to grant them bail had provoked strong reactions from opposition parties, with some alleging that the Indian state under BJP is weaponizing anti-terror laws to target dissent and establish an authoritarian polity in the country.
An attempt to silence all dissent
Every year, an event is held in Bhima Koreagaon, to commemorate the victory of people from an untouchable caste (Mahars) against the local Peshwa (upper caste) army in 1818. The Hindutva ideology which Modi and his party BJP follow, abhors such assertions by oppressed caste groups, arguing that it disrupts the unity of the Hindus.
On December 31, 2017, the Elgar Parishad meeting of progressive forces was held to commemorate 200 years of Bhima Koregaon and make a pledge against the religious bigotry propagated by the BJP government. The gathering was attacked by Hindu nationalist thugs, leading to the death of 28-year-old Dalit Rahul Patangale, and several more injuries.
Massive demonstrations and strikes were organized across Maharashtra by the Dalit and progressive organizations. The protestors were then attacked by police leading to the death of a 16-year-old Dalit boy named Yogesh Prahalad Jadhav.
While the violence was directed at members of oppressed castes by Hindu nationalists, authorities instead used the incident to target and criminalize the event’s organizers and participants. The police claimed later on that event organizers and human rights activists had instigated the violence with the intent to create chaos and use the opportunity to assassinate Prime Minister Narendra Modi. They were also accused of being members of the banned Communist Party of India (Maoist).
A total of 16 activists, lawyers, academics and journalists were arrested in the Bhima Koregaon/Elgar Parishad case including Varavara Rao, Stan Swamy, Anand Teltumbde, Vernon Gonsalves, Gautam Navlakha, Arun Ferreira, Sudha Bharadwaj, Hany Babu and Shoma Sen.
Father Stan Swamy (84) died in custody after jail authorities denied him essential care in prison in 2021. Most others were released on bail only after repeated postponements of hearings or outright denial of their petitions forcing them to spend several years in jail without trial.
Israeli technology used to frame activists
Wilson was arrested after authorities claimed they found a letter on his laptop which mentions Modi’s assassination plot. The letter, however, was found to be planted in Wilson’s computer following an analysis done by an independent digital forensic firm Arsenal Consulting based in the US. The letter was planted using the Israeli spyware Pegasus, Arsenal claimed in 2021.
The use of Israeli spyware Pegasus by the states across the world including India to frame activists and dissenters became a major issue during the publication of a series of investigative reports by the Amnesty International and Paris based Forbidden Stories in world’s major newspapers in July 2021
Jammu & Kashmir HC comes to rescue of woman denied ST certificate for marrying outside community
The Court noted that the Home Affairs Ministry has already clarified that an SC/ST person would continue to be a member of that community even if they marry outside the community.
The High Court of Jammu and Kashmir and Ladakh recently ordered the concerned authorities to review its earlier decision to deny a woman from the Padri tribe a Scheduled Tribe (ST) certificate due to her marriage with a non-Padri person [Shivaeta Rani V/s Union of India and Ors].
Unnatural sex, non-consensual sex with major wife is not offence: Chhattisgarh High Court
The Court acquitted a man who was convicted for causing death of his wife by inserting his hand up the rectum of his wife.
The Chhattisgarh High Court recently held that non-consensual anal sex or any other non-consensual sexual act committed by the husband on his major wife is not an offence and the husband cannot be held liable for rape under Section 375 or unnatural offence Section 377 of the Indian Penal Code (IPC) for the same [Gorakhnth Sharma v. State of Chhattisgarh].
Justice Narendra Kumar Vyas relied on Exception 2 to Section 375 of IPC which lays down that sexual intercourse or sexual acts by a man with his own wife is not rape provided the wife is not below 15 years of age.
"From perusal of Section 375, 376 and 377 IPC it is quite vivid that in view of amended definition of Section 375 IPC, offence under Section 377 IPC between husband and wife has no place and, as such rape cannot be made out. It is pertinent to mention here that in the amendment in Section 375 IPC in the year 2013, Exception- 2 has been provided which speaks that sexual intercourse or sexual acts by a man with his own wife is not a rape and therefore if any unnatural sex as defined under section 377 is committed by the husband with his wife, then it can also not be treated to be an offence," the Court held.
In light of the above, the Court acquitted a man who was convicted for rape, unnatural offence and causing death of his wife through his sexual act of inserting his hand up the rectum of his wife.
Background
The accused, Gorakhnth Sharma, had allegedly inserted his hand in the anus of the victim, his wife.
She later complained of pain and was admitted to hospital where she passed away.
Before her passing, her dying declaration was recorded wherein she stated that due to unnatural sexual act committed by her husband, she became ill.
The husband was booked for rape (Section 375), unnatural offence (Section 377) and causing death by negligence (Section 304) of the Indian Penal Code.
The doctor who conducted the post mortem opined that the cause of death was due to peritonitis and rectal perforation.
Some of the witnesses later turned hostile and the Executive Magistrate who recorded the dying declaration of the deceased said in court that though the deceased informed him that her husband had done forceful unnatural sexual act with her, the same was not mentioned in the dying declaration.
The trial court after considering the evidence and placing reliance on the dying declaration, found Sharma guilty of offences under Sections 375, 377 and 304 of IPC and sentenced him to ten years in prison.
This led to the appeal before the High Court.
High Court ruling
The counsel for the accused submitted that the conviction was based solely on the dying declaration and the authenticity of the same itself was doubtful. It was also submitted that the trial court did not consider the statements of two witnesses who admitted in their court statements that the victim was suffering from piles soon after her first delivery, on account of which there used to be bleeding from her anus and pain in abdomen.
The counsel for the State opposed the plea and said that the trial court correctly convicted the accused based on evidence and the same does not require any interference.
After considering the arguments and the evidence, the Court examined Sections 375 and Section 377.
The Court noted that rape under Section 375 includes penetration of penis on any body part vagina, urethra or anus of a woman. However, any such act between husband and wife will not be rape even in the absence of consent, since the same is specifically excluded by Exception 2.
"It is quite vivid that the definition of rape as provided under Section 375 includes penetration of penis in the parts of the body i.e. vagina, urethra or anus of a woman for which consent is not required then unnatural sex cannot be made as unnatural offence between husband and wife, as such apparently, there is repugnancy in these two situations in the light of definition of Section 375 and unnatural offence of Section 377," the High Court said.
Thus, when such an act cannot be an offence under Section 375, the same cannot also be an offence under Section 377 IPC.
"If the age of wife is not below age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, this Court is of the considered opinion that the offence under Section 376 and 377 of the IPC against the appellant is not made out," the Court underscored.
With respect to the dying declaration, the Court said that the same was not corroborated by any other evidence.
"The careful scrutiny of the dying declaration by this Court itself the same cannot be found to be sufficient for recording of the conviction as there is no corroboration from other evidence, as such there is doubt over the correctness of the dying declaration," the judgment stated.
As regards conviction under Section 304 IPC, the High Court said that the trial court had not recorded any finding as to how the offence was attracted in the present case.
Hence, the conviction under Section 304 is perverse and patently illegal, the Court held.
In view of the above, the appeal was allowed and Sharma was acquitted of all offences.
Advocate Raj Kumar Pali appeared for accused Gorakhnth Sharma while Deputy Government Advocate Pramod Shrivastava appeared for the State.
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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...
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