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Correspondent

23 August 2024 at 9:59:04 pm

Legal Weapon

The death of Sahil Wakode at IIT Bombay is undoubtedly a tragic incident. It also raises a difficult question that should not be lost amid the understandable anger on campus: when does a genuine allegation of caste discrimination become a criminal charge, and what happens when the extraordinary force of the SC/ST (Prevention of Atrocities) Act is invoked before the facts have been established? Wakode, a second-year student, died by suicide last week, hours after he was caught using a mobile...

Legal Weapon

The death of Sahil Wakode at IIT Bombay is undoubtedly a tragic incident. It also raises a difficult question that should not be lost amid the understandable anger on campus: when does a genuine allegation of caste discrimination become a criminal charge, and what happens when the extraordinary force of the SC/ST (Prevention of Atrocities) Act is invoked before the facts have been established? Wakode, a second-year student, died by suicide last week, hours after he was caught using a mobile phone during an examination. IIT Bombay says he had uploaded the question paper to ChatGPT, but that no disciplinary proceedings had been initiated against him. He was counselled and assured that the incident would not damage his academic career. His parents have subsequently alleged that Wakode had been subjected to caste-based harassment for several months and named Professor Suryanarayana Doolla in an FIR alleging abetment to suicide, along with provisions of the SC/ST Act. The institute has denied that any complaint of caste discrimination was made by Wakode during his tenure. Its SC/ST cell has also said it received no such complaint. The investigation has now been transferred to the Crime Branch. The SC/ST Act exists because caste oppression is real, and victims require a law capable of confronting it. But precisely because the law is stringent, its invocation cannot become a substitute for evidence. The Supreme Court has repeatedly emphasised that the statutory ingredients of an offence must actually be made out. The court has also held that where a complaint does not prima facie disclose an offence under the Act, its stringent restrictions on pre-arrest bail do not automatically apply. Teachers must be able to enforce examination rules without fearing that every disciplinary confrontation could acquire a caste dimension. The tendency to turn a student’s caste into the explanation for every institutional conflict involving an SC/ST student is disturbing and must be resisted. If every disciplinary action involving a reserved-category student is presumed to be caste discrimination, the distinction between discrimination and ordinary institutional accountability begins to disappear. Equally, an institute cannot hide behind procedure if evidence eventually establishes discrimination or harassment. If Professor Doolla did indeed use casteist language, threatened Wakode or treated him differently because of his caste, those allegations must be investigated fully and dealt with under the law. But the answer cannot be to criminalise the invigilator first and investigate later. IIT Bombay now has two obligations: establish, without prejudice, what happened in those crucial hours and examine the broader pressures facing its students. The police must establish whether the allegations under the SC/ST Act have factual and legal substance. The institute must ensure that teachers can enforce academic integrity while students have credible avenues to report genuine discrimination. The tragedy demands accountability. It does not demand a predetermined culprit.

BJP Boost

Correspondent
Oct 9, 2024
2 min read

Updated: Oct 22, 2024

As the dust settles over the recent Assembly elections, the BJP, defying anti-incumbency prediction of political Cassandras and exit polls, is set for a historic third term in Haryana. This will buoy the party after its underwhelming performance in the Lok Sabha polls. The Haryana outcome not only reinforces the BJP’s foothold in national politics but also presents a counter-narrative to the INDIA bloc’s post-election fervour.

Despite the bogey stoked by lingering farmer protests and discontent surrounding the controversial Agniveer scheme, the BJP strategically diversified its approach, relying not solely on Prime Minister Narendra Modi’s star power—evidenced by his reduced number of rallies—but also on a ground-level consolidation of anti-Jat votes. The Congress’s over-reliance on the Jat community backfired, rallying other groups against it. Interestingly, the Dalit vote, which the Congress anticipated would tilt in its favour, has not completely abandoned the BJP.


At the forefront of the BJP's campaign was Chief Minister Nayab Singh Saini, whose relatively short tenure allowed him to distance himself from the decade-long rule of the previous administration. By introducing measures to benefit the backward classes, including a significant income limit increase for OBC employment from Rs. 6 lakh to Rs. 8 lakh, the BJP effectively shifted the narrative in its favour. Their mantra of ‘bina parchi, bina kharchi Naukri (promising jobs without bribes) resonated with voters.


The BJP’s rejuvenated team, led by key figures such as Union Minister Dharmendra Pradhan and state leaders, has seemingly addressed concerns that arose following its poor showing in the Lok Sabha elections. The incorporation of new candidates in place of established leaders provided a fresh face that contrasted sharply with the Congress’s decision to recycle incumbents.


In contrast, in Jammu and Kashmir, the National Conference, in alliance with the Congress, having crossed the majority threshold, reclaimed its historic dominance and is set to form the government. Here, the BJP’s performance in the first Assembly election held after the abrogation of Article 370, fell short despite its strenuous attempt to position itself as a proponent of development.


The electorate’s apparent rejection of hardline factions like the PDP reflects a nuanced response and win for democracy. Notably, the results have shown a significant rejection of separatist candidates, including those from Engineer Rashid-led Awami Ittehad Party and Jamaat-e-Islami, who failed to make a meaningful impact in the polls.


The BJP’s emphatic victory in Haryana redeems its Lok Sabha misstep but also signals a broader political resurgence, giving the party renewed vigour to march into future contests like the crucial Maharashtra Assembly election.

 
 
 

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