top of page

By:

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.

Who will be next CM?

Correspondent
Nov 23, 2024
3 min read

Updated: Nov 25, 2024

Mahayuti, MVA constituents drop different names


next CM

Mumbai: Even before the first votes are counted in Maharashtra, fissures have emerged within the ruling Mahayuti and the opposition Maharashtra Vikas Aghadi (MVA) on who will head the next government with constituents in both camps laying claim over the chief minister’s post.


After polling for the 288-member assembly ended on Wednesday evening, the ruling as well as opposition fronts have started claiming that mandate will be in their favour when votes are counted on November 23.


Soon after polling, state Congress chief Nana Patole asserted an MVA government would be formed in Maharashtra under the leadership of his party.


Voting trends suggest the Congress will get the maximum number of seats in the new assembly, he said.


His remarks did not go down well with ally Shiv Sena (UBT), whose leader Sanjay Raut on Thursday insisted the chief ministerial face will be decided by all alliance partners jointly once the MVA secures majority. The Rajya Sabha MP said if the Congress high command has told Patole that he will be the CM face then the national party’s president Mallikarjun Kharge, and its top leaders Rahul Gandhi, Sonia Gandhi and Priyanka Gandhi Vadra should announce the same.


The MVA, consisting of the Congress, Shiv Sena (UBT) and NCP (SP) and the Mahayuti, comprising the BJP, Shiv Sena and NCP, have expressed confidence that their respective alliance will form the next government after votes are counted on Saturday.


While a majority of exit polls have predicted that Mahayuti will retain power, a few have favoured the MVA. On the Mahayuti side, Shiv Sena MLA and party spokesperson Sanjay Shirsat said the assembly elections were contested with Chief Minister Eknath Shinde as the face.


“Voters have shown their preference for Shinde through voting. I think it is Shinde’s right (to be the next CM) and we are confident that he will be the next CM,” Shirsat said.


BJP leader Pravin Darekar batted for Deputy Chief Minister Devendra Fadnavis for the top post.


“I think if anyone from the BJP is becoming the CM then it will be Devendra Fadnavis,” he said.


NCP leader Amol Mitkari pushed the name of his party chief and Deputy CM Ajit Pawar for the coveted job. “Whatever the results, the NCP will be the kingmaker,” Mitkari said.


Asked about the CM face, Fadnavis maintained all three Mahayuti parties will sit together and take a “good decision”. Speaking to reporters separately, BJP leader Darekar claimed the Mahayuti will form the next government, dismissing the possibility of the MVA coming to power, and said the opposition bloc was plagued by “internal rifts”.


“The people of Maharashtra have given a clear mandate. The Chief Minister will be from the Mahayuti, not the MVA, and certainly not the Congress,” he asserted.


Highlighting divisions within the MVA, Darekar said, “Congress MP Praniti Shinde and her father and former CM Sushilkumar Shinde supported an independent candidate against Uddhav Thackeray’s nominee in a constituency in Solapur district. These internal rifts expose a lack of unity. How can parties without internal coherence decide on a Chief Minister?”


The BJP leader said Patole’s aspirations to become chief minister were nothing but “Mungerilal ke haseen sapne” (daydreaming). On exit polls, Darekar remarked, “While no exit poll is final, most have predicted a Mahayuti win. Even independent candidates (on winning) are likely to back Mahayuti.”


Taking a swipe at Prahar Janshakti Party leader Bachchu Kadu, he said, “Kadu speaks with grand bravado, but his own seat is under threat. Let him first declare how many of his candidates are winning.”


Regarding Rahul Gandhi’s statements on the Adani group, the BJP leader quipped, “Rahul Gandhi should go to the US and focus on issues abroad, where his commentary might hold weight. His remarks on the fall of the Union government are childish and baseless.”


On the alleged involvement of NCP (SP) Lok Sabha MP Supriya Sule and Patole in using bitcoins illegally to fund elections, Darekar said the truth will come out soon.

Comments

bottom of page