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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.

Discussions on among allies for govt formation: Ajit Pawar

Correspondent
Nov 26, 2024
2 min read

Updated: Nov 29, 2024

Ajit Pawar

Mumbai: Deputy Chief Minister and NCP head Ajit Pawar on Monday said discussions were underway among the Mahayuti partners to finalise a formula for the new government formation in the state.


Speaking to reporters at Karad in Satara district, Pawar also acknowledged the contribution of the government's Ladki Bahin scheme, which provides financial assistance to women, in the Mahayuti's victory in the just-concluded state assembly polls.


The NCP leader also assured that the alliance was working cohesively following its resounding victory in the state assembly elections.


Pawar paid tributes to Maharashtra's first chief minister Yashwantrao Chavan at his memorial in Karad on his death anniversary.


In the state poll results declared on Saturday, the Mahayuti, which comprises the BJP, Chief Minister Eknath Shinde's Shiv Sena and Ajit Pawar-led NCP, bagged an impressive 230 of the 288 assembly seats.


The focus has been on BJP leader and Deputy Chief Minister Devendra Fadnavis, who is being seen as a strong contender to occupy the top post for the third time, as his party bagged 132 of the 149 seats it contested in the state.


Notably, Maharashtra minister and Shiv Sena leader Deepak Kesarkar has said his party legislators feel Eknath Shinde should continue as the chief minister of the state, where the ruling Mahayuti scored a landslide victory in the assembly polls.


Ajit Pawar said, "We will decide what formula to work out on the cabinet formation among the three parties."


Reflecting on the elections, he acknowledged the contribution of the Ladki Bahin scheme in the Mahayuti's win.


"We cannot ignore that Ladki Bahin helped us in this election. We are grateful to them (women voters)," he said.


Defending the scheme, Pawar, who is also the state finance minister, further said, "Had I been opposed to the Ladki Bahin scheme, I would not have presented it in the House. I discussed the scheme with several retired finance officers before finalising it."


Pawar also dismissed concerns raised by some opposition leaders over the Electronic Voting Machines (EVMs), pointing out that polls in states like Punjab, West Bengal and Telangana, governed by their political opponents, have been conducted with the same system.


Commenting on members of same families contesting against each other during the elections, Pawar expressed annoyance over repeated questions on it.


He then asked, "Why was my close nephew fielded? Atram's own daughter was fielded against him, and even Rajendra Shingne faced a similar challenge. I don't want to comment further on this. I have got tired of apologising for fielding my wife against Supriya. Yugendra was in business, then why was he prepared to contest against me?"


In the Baramati assembly seat, Ajit Pawar was pitted against his nephew and NCP (SP) candidate Yugendra Pawar.


In Aheri seat, NCP leader Dharamraobaba Atram's daughter Bhagyashree Atram contested against him on NCP (SP) ticket.

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