Enforcing Impunity

The recent judgement of Laxmanpur Bathe Massacre, where the High court bench chaired by Sinha and Lal acquitted all the 26 accused, 16 of who were previously given death sentence, casts serious doubts on the role of judiciary (along with the involved investigating agencies) in delivering justice when it comes to Dalit atrocity. A massacre of 58 Dalits by a gang of men (Ranvir Sena) going unpunished after 16 long years is a travesty of justice which a democratic country should be ASHAMED of.

There is an important dimension to Dalit-atrocities that often a deeper involvement into the issue brings forth. The impunity an ordinary caste-hindu enjoys in doing anything illegal, uncivil against a Dalit. The same caste-hindu might never pick a quarrel with another caste-hindu but feels free to transgress a Dalit’s right whenever she feels uncomfortable. In small societies, such as villages there are social stigma (negative reinforcement) against bad behavior/criminality, but only if it is against the caste-hindus. Bad behavior/criminality against the Dalits are justified by tradition and religion. This “perceived impunity” that even a pre-teen caste-hindu is so conceived is not biological, THERE IS NO INNATE CASTEIST FACULTY, but inherited prejudice duly enriched myths, mythologies and religious scriptures and emboldened by the deeds of her fellow caste-hindus.

In the villages, where most of these Dalit-atrocities occur, there is NOTHING which breaks the “perceived impunity”.There are three important agencies which break the news to the stone-age caste-hindu villagers that, that is in fact no impunity.

First, is the school where probably the next best thing children can learn after alphabets and arithmetics is the principles of mutual-respect and co-existence.  In fact, these things children should learn along with or even before they learns the prescribed school education. The school years should enhance the rationale of these principles, which will let the pupils question their ‘inherited prejudice’ at least.

Second are the law-enforcement agencies, the police, the court, and many other govt. agencies. Ideally the guidebook for them is the constitution and the penal codes, which grant none of the ‘perceived impunity’. Any case of establishing and protecting the rights of a marginalized group would serve as an example for the hapless caste-hindu pree-teen who was otherwise going to turn out to be carrier of the disease- casteism.  A collusion of caste-hindu brotherhood and irrational religiosity help enforce the “perceived impunity”.  The court verdict like the Patna HC on Laxmanpur bathe, in the pretext of ‘lack of reliable evidence’ makes the perceived impunity real. It is not the final verdict yet, there is a Supreme Court, of course, but it does tell a crucial fact. The apex court thinks, the killers can not be punished.

With a Casteist Judiciary like that, the third, and probably the last way out of this abyss of ignorance (as you might have guessed the “percieved impunity is just plain ignorance or inability to accept the truth), for the poor caste-hindu is Newspapers.  Remember, how Indian express took up the cause of the two slain IAS officers, by covering the issue in front page, day after day? How The Hindu serialized publication of wiki-leaks? These newspapers very well consider themselves opinion makers, and they are to certain extent, in addition to their role as reporter of facts. None of these papers wrote up an editorial condemning the derelict judiciary or criticizing the court verdict. These National Toilet Papers (again to use VTR’s word) have criticized court rulings before, in all too subtle ways to extricate themselves from the law’s tentacles. More importantly, when Dalit parliamentarians forced the MHRD to admit changes in school textbook, because some cartoons were defamatory to Dr. Ambedkar, these were the paper who surfaced more than 89 editorials and open-editorials, a list of those are with me. None of them would say it, at least, it was wrong on the part of the court to justify Dalit killings, and letting the accused free, even when surviors are unequivocal on their identification and even without a directive to the police/CBI to bring the culprit to justice.

The impunity for caste based violence (forget discrimination!) is sanctified by Hindu religion, employed primarily to subjugate Dalits, to deny them them their dignity and individuality, is guranteed by the court and actively encouraged by education and media.

Update: “The Hindu”, our responsible newspaper deems it necessary to publish an editorial on “Persecution of Jwala”. Apparently, the female start badminton play not being allowed to play in Denmark by Badminton Association of India is quite more serious issue than massacres like Laxmanpur bathe.

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Not Helping

How does this question help a debate on caste and judiciary?

Are dalits above the law?

It is the first question Dr. Anand Teltumbde had to answer for an interview with The Asian Age, with respect Chief Justice Dinakaran. It appears to me, Dr. Teltumbde is hard pressed to explain that Dalits ( and Dalit intellectuals) don’t rally around powerful and corrupt Dalits. May be it was needed after many of us blindly supported Mayawati despite corruption allegation (how many cases of corruption except Taj Corridor Project Case against her?) or our almost total silence over the allegations against A. Raja ( back on the ministry- not that it absolves him of the allegations).

Should there be a separate law for dalits? What about the judiciary? Can the dalit card be used to protect “corrupt” and “criminal” elements?

That was another question. Tell me if a school going kid who has heard cricketer turned politician cum the-man-who-laughs-on-tv shiddu speak on TV, couldn’t ask such questions?

And instread of playing the class and suggesting that the upper-class Dalits who benefited already from the establishment

” should be isolated from the constitutional protection lest they should bring the entire constitutional structure itself to disrepute”

could it be answered the way Ranjit did once,

“this kind of warning comes bz of the stereortypical belief the popular polemical essentailist equations among Dalit circles such as Dalit= good and brahmin=bad OR that which has been hegemonically imagined at the national level ie; Brahmin=good/merit and Dalit = bad/merirtless will never help address social realities..Dalit is a human being with all good and bad qualities..let us accept it”

By the way, there is no constitutional or legal protection against corruption or any form of criminality for Dalits, afaik. All that is there, is a mechanism, an act which seeks to prevent any outward atrocity/abuse/discrimination of Dalits in public places. There is a difference.