For SC/ST Atrocities Act to Apply, Hurling of Abuse Has To Be in Public Place: Karnataka HC

The court quashed the case against a person who allegedly used casteist abuses in the basement of a building.

New Delhi: Quashing the case against a person who allegedly used casteist abuses in the basement of a building, the Karnataka high court recently said that for offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act to apply, the abuse must occur a public place.

The case was pending against a person who allegedly abuse another man in the basement of a building, where the victim and his co-workers were present. In the alleged incident which occurred in 2020, Rithesh Pias made the casteist abuse against Mohan in the basement of a building, where he was working with others. All the workers were employed by the building owner Jayakumar R. Nair.

Justice M. Nagaprasanna, in his verdict on June 10, noted: “Two factors will emerge from a reading of the aforesaid statements one being, the basement of the building was not a place of public view and two, only persons who claim to be present were the complainants and other employees of Jayakumar R.Nair or friends of the complainants. ”

“Hurling of abuses is clearly not in a place of public view or a public place for the Act to be get attracted in the case at hand,” the court said.

Further, the court noted that there were other factors in the case. The accused Rithesh Pias had a dispute with the building owner Jayakumar R. Nair and had obtained a stay against the construction of the building.

The court concluded that Nair was firing at Pias on the “shoulder of his employee (Mohan).” The court said the issue of the dispute between the two “cannot be brushed aside as it demonstrates a clear link in the chain of events. Therefore, the registration of crime itself suffers from want of bona fides.”

Also Read: The Dark Realities of the SC/ST Atrocities Act: An Ethnographic Reading

In the sessions Ccurt in Bengaluru, where the case was pending, apart from the Atrocities Act, Pias was also charged under Section 323 (Voluntarily Causing Hurt) of the Indian Penal Code (IPC).

The HC also dismissed these charges, saying, “For an offence punishable under Section 323 IPC there should be hurt caused in the squabble.” However in this case, Mohan’s “wound certificate shows a simple scratch mark on the fore-arm and another scratch mark on the chest. Bleeding is not what is indicated. Therefore, simple scratch marks cannot become offence under Section 323 of the IPC,” the judgement said.

Quashing the case pending before the lower court, the HC said, “In the light of the afore-quoted facts, when the basic ingredients of the offence are missing, then permitting such proceedings to continue and to compel the petitioner to face the rigmarole of criminal trial will be totally unjustified, leading to abuse of the process of law.”

(With PTI inputs)

Yuvraj Singh Arrested in Alleged Casteist Remarks Case, Released On Bail: Haryana Police

Singh was accused of making casteist remarks against another cricketer during an Instagram chat last year.

Hisar: The Haryana Police on Sunday said cricketer Yuvraj Singh was arrested and released on bail in an alleged casteist remarks case in compliance with a high court order.

Singh was accused of making casteist remarks against another cricketer during an Instagram chat last year.

Superintendent of Police (Hansi) Nitika Gahlaut said over the phone, “We only made a formal arrest and he was released on bail in compliance of the orders of the Punjab and Haryana high court.”

“Yuvraj Singh came to Hansi on Saturday and we made a formal arrest. He was released on bail bond after a few hours,” Deputy Superintendent of Police (DSP) (Hansi) Vinod Shankar said.

Also read: Casteism Is Rampant in Higher Education Institutions, but Is ‘Wilfully Neglected’: Study

While noting that the Haryana Police is seeking only Singh’s “formal arrest” in the case, the high court had last week directed that upon joining the probe with the investigating officer, if the cricketer is arrested, he would be released on interim bail upon furnishing bail and surety bonds.

The high court was listening to a plea by the cricketer seeking quashing of a first information report (FIR) filed against him earlier this year under sections of the IPC and the SC/ST (Prevention of Atrocities) Act based on a complaint by lawyer Rajat Kalsan at the Hansi police station in Hisar.

Kalsan had filed the police complaint last year, alleging that Singh’s comment had hurt the sentiments of the Dalit community and a large number of people had watched the video on social media.

Expressing regret over the comments, Singh had earlier tweeted, “I understand that while I was having a conversation with my friends, I was misunderstood, which was unwarranted. However, as a responsible Indian I want to say that if I have unintentionally hurt anybody’s sentiments or feelings, I would like to express regret for the same.”

(PTI)

Man Held for Passing Casteist Remarks Against Hockey Player Vandana Katariya’s Family

Katariya’s recent hattrick in Tokyo had propelled India into a historic Olympic semi-final.

New Delhi: A man was arrested from the Roshnabad area of Uttarakhand’s Haridwar district for allegedly passing casteist remarks against the family of Vandana Katariya, whose recent hattrick in Tokyo propelled India into a historic Olympic semi-final, PTI reported, citing the police.

On August 4, the family of hockey forward Vandana Katariya was harassed with casteist abuse in the aftermath of India’s loss to Argentina.

On the evening of the match, which India lost 2-1, two ‘upper’ caste men arrived outside Katariya’s house and began bursting firecrackers, in mock celebration, her family told Times of India.

When the Katariya’s emerged from the house to see what was happening, they saw the men dancing. The men then unleashed a stream of casteist abuse at them.

“They used caste slurs, insulted our family and said the Indian team lost because too many Dalits (the men used a specific caste slur) have made it to the team,” Katariya’s brother, Shekhar, wrote in a complaint filed with police.

The ‘upper’ caste men, who the family knew, further said that not just hockey, all Indian sports should keep Dalit people out. After insulting the family, the men took off their clothes and began dancing again, Shekhar said.

The family, in their complaint and in quotes to TOI, made it clear that they saw this as a caste-based attack.

A man, identified as Vijay Pal, has been arrested and charged in connection with the incident under section 504 (intentional insult with intent to provoke breach of peace) of the Indian Penal Code and the SC-ST Act, an official at SIDCUL police station said.

In addition to her hattrick against South Africa – the first by an Indian woman in an Olympic game – Katariya is an integral element in the Indian women’s attack.

Why Olympic games customarily stir up national fervour, casteism and casteist concerns surrounding the games are not new and appear to target sportswomen, particularly.

In the aftermath of badminton player P.V. Sindhu’s historic bronze win (Sindhu is the only woman to win two Olympic medals) and boxer Lovlina Borgohain’s heroic third-place finish at the Olympics, searches on Google for the players’ caste and religion spiked, found reports.

The same spike in searches for Sindhu and freestyle wrestler Sakshi Malik’s caste had been reported after their silver and bronze wins in the 2016 Rio Olympics.

Sections of social media have expressed outrage over the attack of Katariya’s family.

Note: This story has been updated with the arrest of one person for allegedly passing casteist remarks against the family of Vandana Katariya.

Jadavpur University Professor Faces Casteist Abuse For Commenting on Exams During COVID

Maroona Murmu said she couldn’t understand what her identity had to do with expressing an opinion on a topic that is being debated across the country.

Kolkata: Professor Maroona Murmu would not have thought even in her wildest dreams that a comment she posted on a social media platform on the ongoing debate about holding examinations during the COVID-19 pandemic will open the gate for someone to attack her identity.

Professor Murmu is an associate professor in the history department of Jadavpur University and has been working there for the past 15 years.

On September 2, when most people in the country were debating the government’s decision to conduct exams across the country despite the COVID-19 emergency, she stumbled upon a Facebook post by her friend Neelkonto Naskar. Thereafter, she expressed her opinion on issue, saying students’ lives are being put at risk by the government’s decision.

A young woman replied to her comment saying, “Maroona Murmu, what surprised me was the fact that Jadavpur University has professors with such mentality. I am astonished. Let me brief you a bit on the difference between ‘quota’ and ‘unquota’ (non-quota). To know that life is more important than an academic year, one doesn’t require to be a professor. It’s not about lagging one year but about how some unqualified and incompetent people take undue advantage of the reservation system and their caste is now helping them be successful, while the deserving lag behind for ever. Our parents are stepping out, taking a risk every day to get us food, while some are sitting at home and getting paid for doing nothing.”

After a few hours, the young lady put up a post on her Facebook profile saying, “Today morning, just reminded one ‘Murmu’ a Santhal about her Adivasi lineage. That too in a polite manner. But some people like her, just made me realise that so-called professors are getting fat simply drawing paychecks.”

‘Appalled, but not shocked’

Professor Murmu was appalled but not shocked as she has been at the receiving end of casteist and racist slurs almost on a daily basis. “I don’t even know her; I had expressed my opinion on something that is being debated across the country. She did not comment anything on that matter but went on commenting on my identity and how reservation gets us [Adivasis] jobs and how we do not deserve those or have the ability to teach,” she told The Wire.

“Do I not have the right to express my opinion on any issue without someone ‘rebuking’ me for being an Adivasi?” Professor Murmu added.

Later, a friend of Murmu showed her that the young woman who attacked her is a graduate student studying Bengali in Bethune College, another heritage college of Kolkata.

The Bethune College students’ committee issued a statement condemning the incident and called the incident extremely shameful, saying it has brought the institution into disrepute. “The Bethune College students’ committee unequivocally condemns Ms Paromita Ghosh and resolves to stand by Dr. Maroona Murmu and the struggles of all the Dalits in our campus, state and the country,” the statement reads.

Though a large part of the student community has stood in solidarity with Murmu and condemned the casteist attack on her, she continues to face incessant trolling on social media. She says people are posting vile comments on various posts that she has published.

When Bethune College’s head of Bengali department condemning the student’s behaviour on Facebook, she became the target of trolls. She had to remove the post.

Professor Murmu told The Wire that for years now, she had been facing such discrimination from students, colleagues, friends and it’s growing by the day. Murmu says until a few years ago, she faced similar discrimination in Jadavpur University also. However, things have changed for the better now, she says.

“The university where I teach is well known as a nursery of protests and as a bastion of progressive politics. Yet, here too, at one point of time, I have seen several instances of everyday casteism. Derogatory phrases like ‘sonar chand’ or ‘sonar tukro’ were used as puns for members of Scheduled Castes or Scheduled Tribes. But things have changed now,” said Murmu.

Professor Maroona Murmu. Photo: Facebook

Bengal and casteism

While Bengal is often projected as the shining example of liberalism because it has never seen caste-based assertions or movements by backward communities, observers believe otherwise.

Professor Partha Chatterjee, a leading post-colonial historian and a keen observer and commentator of social developments, said that caste hegemony of the Brahmin/upper caste (often called as Bengali Bhadralok) is so complete in Bengal that it is invisible.

But recently, there has been a churn in Bengal’s politics. Societal fault lines are becoming prominent and the hegemony of the Bhadralok is being challenged.

In December 2019, five professors of Rabindra Bharati University in Kolkata resigned in protest against a delay in action against students who allegedly harassed an assistant professor of the geography department in the varsity and taunted her on the basis of her caste and skin colour.

“Caste discrimination is quite ingrained in Bengal; just like in any other states in India. But with the ruling dispensation (Central government) in power, people are very open about it,” said Murmu.

Karnataka: Dalit BJP MP Prevented From Entering Village

Chitradurga MP A. Narayanaswamy was not allowed to enter a Yadava settlement because some people said it was against their ‘tradition’.

New Delhi: In another case of explicit caste discrimination, a Dalit BJP MP in Karnataka was prevented from entering the Golla (Yadavs) area of a village in Tumakauru district on Monday. Authorities have ordered an inquiry into the incident.

On Monday evening, Chitradurga MP A. Narayanaswamy went to Pemmanahalli village, which falls under his Lok Sabha constituency, for some development work with a video of the conversation surfacing. When the MP approached the Yadava settlement, some people asked him not to enter because of his caste (Madiga) and said it was against their traditions.

According to reports, this is not the first time that a Dalit public representative has not been allowed to enter the hatti (settlement).

Speaking to local news channels, Narayanaswamy said he was ‘pained’ that such practices continued even today. “I have worked for over 20 years and I have never experienced this. I do not see people through the lens of caste. Neither do I have it in my mind that I am from a particular caste,” he told The News Minute.

Narayanaswamy is a four-time Karnataka MLA and was the chief whip of the BJP’s Karnataka legislative party. He also served as a cabinet minister in the Karnataka government.

Narayanaswamy said his efforts to convince those who prevented his entry were in vain. He told the residents that he had come to their settlement for development work and not for political reasons. “Some among them wanted me to go in, but I moved away with the intention that there should not be any differences between the people within the community leading to clashes,” the MP said.

“But, in the days to come I will certainly work towards eradicating such superstitious beliefs in the community and for their development,” he added.

Some Yadavas told local media that according to their traditions, Dalits cannot enter their community settlement. Any ‘violation’ of the tradition would result in “something bad” happening, they claimed.

While another villager admitted that the MP had come for a good reason, he said certain “traditions” could not be violated.

Also Read: The Ugly Reality of Caste Violence and Discrimination in Urban India

Speaking to The News Minute, Narayanaswamy said he was visiting government schools and hospitals in the Pavagada region with representatives from private companies Biocon and Narayana Hrudalaya. “[The] plan was to urge these two companies to invest in developing infrastructure and facilities in this area,” he said.

“I was adamant that they (residents) should stop this practice but they insisted that the priests in the village did not allow any previous MLAs or MPs from my community to enter the village,” the MP said.

Karnataka industries minister and senior BJP leader Jagadish Shettar on Tuesday condemned the incident. According to police, the local tahsildar, the social welfare department and police have been asked to visit the village and hold an inquiry into the denial of entry for the MP. Tumakauru deputy commissioner K. Rakesh Kumar said meetings will be held in the village to sensitise the locals.

“I will have to get the report on what was the reason for their (people) conduct. If we get to know who prevented his entry, we can book a case under the SC/ST (Prevention of Atrocities) Act,” he told reporters.

Over the past few months, there have been several instances of casteism against Dalit public representatives. In July, Kerala Youth Congress members sprinkled cow urine and dung to ‘purify’ a venue where Geetha Gopi, a Dalit MLA from the CPI(M) had protested. Earlier this month, Vundavelli Sridevi, a YSR Congress MLA, faced casteist abuse when she visited a Ganesh pandal in Andhra Pradesh. Four people, apparently from the opposition Telugu Desam Party, were arrested in the case.

(With PTI inputs)

Andhra Pradesh: Four Arrested for Casteist Abuse of YSR Congress MLA

Vundavelli Sridevi was allegedly abused by members of the TDP when she visited a Ganesh pandal in her own constituency.

New Delhi: Four members were arrested in Guntur district of Andhra Pradesh for casteist abuse of YSR Congress Party MLA Vundavelli Sridevi.

According to The News Minute, on Monday, the legislator, who hails from the Madiga Scheduled Caste, attended the death anniversary event of former chief minister Y.S. Rajasekhara Reddy in Anantavaram village of Thullur mandal in Guntur. Locals then invited her to the Ganesh pandal in the village, which falls under her own Tadikonda constituency. A man identified as Kommineni Sivaiah, from the Chowdary caste, abused Sridevi. “Who allowed this Madiga to partake in the pooja, this place will get polluted,” the FIR says.

The abuse resulted in a clash between supporters of the MLA and the accused. Police intervened to get the situation under control. According to reports, Sridevi on Tuesday said the accused belonged to the Telugu Desam Party (TDP). “For the first time, I faced caste discrimination, that too in the capital region,” she said, according to The News Minute.

The MLA also stated that the TDP, led by former CM N. Chandrababu Naidu, is casteist. She accused several of its MLAs, including Naidu, of making casteist comments against Dalits in the past too.

Thullur circle inspector M.V. Subba Rao said that the accused Sivaiah was inebriated when he made casteist remarks against Sridevi. Family members of Sivaiah also allegedly humiliated the MLA. A case was registered at the Thullur police station in Guntur.

On Tuesday, four people were arrested in connection with the case. According to reports, Kommineni Sivaiah, Kommineni Sai, Kommineni Ramakrishna and Kommineni Bujji were booked under sections of the SC/ST (Prevention of Atrocities) Act, among other provisions of the IPC.

The MLA also demanded that Chandrababu Naidu should also be charged because he “nurtured this kind of psyche among his party rank and file”.

The state’s Women’s Commission also spoke to DGP Gautam Sawang, asking him to take strong action against the accused.

Last year, a TDP MLA from a Scheduled Caste also faced casteist discrimination at a Ganesh pandal from members of his own party in Mutluru of Vatticherukuru mandal. When Ravela Kishore Babu went to the village, which is part of his constituency, to participate in a Ganesh idol immersion ceremony, TDP workers refused to let him go near the idol. The leader resigned from the TDP and joined actor-politician Pawan Kalyan’s Jana Sena Party.

Photos of Missing Suicide Note Recovered From Payal Tadvi’s Phone

Police believe that the three accused seniors may have destroyed the original note and other evidence.

New Delhi: Photos of the suicide note left behind by Dr Payal Tadvi, who killed herself allegedly due to caste discrimination she faced at her Mumbai hospital, have been recovered from her mobile phone. The absence of a suicide note has been a hindrance in the police’s case that the second year post-graduation student had killed herself on May 22 because of harassment that she faced from three seniors, Hema Ahuja, Ankita Khandelwal and Bhakti Mehere.

The photos were deleted from her phone, but were retrieved by a forensic lab. Police believe that the original note, along with the photos, were destroyed by the accused. Two of the accused spent three minutes in Tadvi’s room, soon after she is believed to have killed herself. The police had earlier presented CCTV footage in court, showing them enter the room. The police claimed they were trying to destroy the suicide note and other evidence.

According to the Mumbai Mirror, the note names the three accused, and documents the harassment and casteist abuse that she faced from them over the past year to intimidate and isolate her at work.

The three seniors, who were arrested on May 28, have claimed Tadvi killed herself because she could not shoulder the “work pressure” of the government-run BYL Nair Hospital.

Also Read: Payal Tadvi’s Case Follows Predictable Pattern of Victim Blaming

Forensic experts told the Mumbai Mirror that Tadvi is believed to have taken photos of the note to send it to her mother. However, she did not end up doing so. While Tadvi, who belongs to a Bhil Adivasi Muslim community, had spoken to her mother on the phone shortly before she took her own life, the last call on her phone – 121 second before her death – was from Ahuja.

Ahuja has claimed that she had call to check about certain medicines that Tadvi had given to a patient.

After the Kalina Forensic Science Laboratory informed the Crime Branch about the recovery of the suicide note on Monday, the police share the information with the Bombay high court on Thursday. The Crime Branch was asked by the court to verify the note with the help of handwriting experts.

Bail hearing at Bombay HC

Meanwhile, the high court also heard the bail applications filed by the three accused, adjourning the matter to July 16. Justice Sadhana Jadhav was informed by the prosecution that the investigation into the case will be completed within two weeks.

According to LiveLaw, the court also observed that the police should have informed the Medical Council of India and the Medical Council of Maharashtra about the arrest of Khandelwal, Ahuja and Mehere.

The accused have been charged under various sections including abetment of suicide, anti-ragging laws and SC/ST (Prevention of Atrocities) Act.

Justice Jadhav has also issued a notice to Tadvi’s mother, the complainant in the case.