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By:

Abhijit Mulye

21 August 2024 at 4:59:11 pm

NHRC sword hangs over top Pune officials

Mumbai: ​The top administrative brass of Pune—the Municipal Commissioner and the Police Commissioner—are likely to face unprecedented legal and regulatory action from the National Human Rights Commission (NHRC) over their persistent failure to rein in illegal, deafening sound systems. With civic and police authorities displaying chronic inertia in enforcing mandatory sound limits during recent festivities, the statutory human rights watchdog is poised to hold both top officials directly...

NHRC sword hangs over top Pune officials

Mumbai: ​The top administrative brass of Pune—the Municipal Commissioner and the Police Commissioner—are likely to face unprecedented legal and regulatory action from the National Human Rights Commission (NHRC) over their persistent failure to rein in illegal, deafening sound systems. With civic and police authorities displaying chronic inertia in enforcing mandatory sound limits during recent festivities, the statutory human rights watchdog is poised to hold both top officials directly liable for gross dereliction of duty. This impending crackdown is spearheaded by Pune-based social activist Sharad Kelkar, whose comprehensive petition to the NHRC exposed the rampant proliferation of multi-speaker DJ consoles, plasma sound systems, and blinding laser lights that have turned city streets into hazardous zones. ​At the core of this imminent administrative crisis is the recognition that unbridled acoustic violence is not merely a municipal inconvenience or an environmental transgression, but an overt violation of Article 21 of the Indian Constitution, which guarantees the right to life, health, and a peaceful existence. Under the Noise Pollution (Regulation and Control) Rules, 2005, both the Pune Municipal Corporation (PMC) and the Pune City Police are the designated implementation authorities tasked with preventing noise levels from crossing prescribed daytime and nighttime thresholds. Following Kelkar’s initial complaint, the NHRC had issued a formal notice to the Maharashtra State Pollution Control Board (MPCB), demanding a detailed explanation and an action-taken report. Yet, despite clear warning signals from the national panel, the city administration showed utter disregard during the recent Dahi Handi festivities, during which massive DJ towers blared at deafening volumes well past permissible limits across nearly every major square. Decisive Follow-up ​Refusing to let the administrative apathy slide, Kelkar has now filed a decisive follow-up complaint before the NHRC with an exhaustive dossier of time-stamped video footage, audio logs, and decibel-level documentation gathered from across the city during Dahi Handi, conclusively demonstrating that local police stations and municipal ward offices turned a blind eye to brazen violations. With clear visual and technical evidence establishing that sound levels consistently surpassed hazardous thresholds, the prospective NHRC directives are expected to demand stern show-cause responses from both commissioners, potentially triggering formal disciplinary proceedings and severe legal sanctions. ​The gravity of the NHRC’s expected intervention is deeply anchored in the acute physiological damage inflicted on society’s most vulnerable demographics. High-intensity low-frequency bass waves generated by modern DJ setups pose severe risks to senior citizens, newborn infants, pregnant women, and patients suffering from cardiovascular conditions or chronic hypertension. Hospitals and residential neighborhoods situated in the vicinity of traditional procession routes frequently report sudden spikes in panic attacks, insomnia, and acute acoustic trauma, often forcing families to temporarily migrate out of the city to avoid falling ill. By categorizing such systemic exposure as a human rights violation, the NHRC’s pending action seeks to shatter the culture of impunity that local authorities have long granted under the guise of festive leeway. ​This institutional crackdown aligns perfectly with an unprecedented groundswell of public outrage spilling onto the streets of Pune. Pushed to the brink by years of unaddressed grievances, frustrated citizens have launched back-to-back weekend protests to demand an immediate, complete ban on DJs and high-decibel loudspeakers ahead of Ganeshotsav.

Caste-based Census Sparks Nationwide Debate

Updated: Oct 22, 2024

Caste-based Census

Caste-based identities continue to dominate rural India, directly or indirectly shaping electoral outcomes. Many major elections are influenced by specific caste groups. After the Bihar government released the first phase of its caste-based socio-economic survey, the caste census became a hot topic. The results, backed by evidence, showed improvements in the living standards and social status of marginalised communities, both in cities and villages. With parties like the JDU and NCP backing a caste census, there is growing momentum for the government to conduct one. However, every story has two sides—joy and sorrow. Even Mahatma Gandhi, the Father of the Nation, raised concerns about the caste census.

Rahul Gandhi accused the BJP of being “anti-Bahujan.” The clear meaning is that his father and forefather refused to execute a caste-based census, which might have far-reaching effects and even permanently fracture India’s social fabric. This may be negative for caste-based beneficiaries. The last caste census in India was conducted in 1931 by the British government. Those times were different from the present scenario. The data was made public and became the basis for the Mandal Commission Reports and reservation policies for Other Backward Classes. Rashtriya Swayamsevak Sangh (RSS) has clarified that the caste-based population count data will not be used for core politics. But the agenda for politics is always twisted and expanded.

The Central Government also joined the legal debate by filing an affidavit with the Supreme Court, leaving the matter unresolved. India’s partition, rooted in the divide-and-rule strategy, is frequently cited as a cautionary tale. Including caste in official census data could further deepen social divides. This issue has become a political pressure point, with various states pushing the Centre for action. Although the Constitution uses the term “class” instead of “caste,” the Supreme Court has consistently ruled that caste is a relevant, and at times, sole or dominant criterion for defining a backward class.

After the release of caste-based census data in Bihar, discussions around conducting similar censuses have gained momentum in states like Rajasthan, Chhattisgarh, and Jharkhand. Karnataka, which has already conducted its own caste census, may release its data soon as well.

Notably, all these states are governed by anti-BJP parties. Congress leader Rahul Gandhi also announced that Congress-ruled states have committed to carrying out caste censuses. Meanwhile, the BJP has remained silent on the matter, creating a significant roadblock.

Caste-based censuses focus on proportional representation in areas like jobs and education, with the argument that this will aid in targeted planning for the disadvantaged. However, the situation remains unclear, much like a foggy winter morning. The BJP’s stance on caste-based censuses and reservations seems different, as they fear the caste-based calculations could fragment their traditional Hindu voter base—an underlying concern for the party.

Professor Sanjay Kumar from The Centre for the Study of Developing Societies, says, “Let alone the BJP; no party can openly oppose it; it is not free from danger. BJP gets a large number of votes from the OBC community, their population across the country would be around 52%. Another downside is that the caste-based censuses could disrupt the balance of socio-economic zones. Data theft is a common issue in government systems, and people may feel disconnected from their actual rights.

The moot question is that if the financial status of an ST/SC/OBC or Dalit citizen moves up by a few notches, will his social status change automatically? The lifestyle of any class will only change when the income of a particular class is changed. The actual source of income is employment. The reality is that only metro cities have enough place and space for workers. Aside from the GIDC and IT sectors, less than 30% of industries have their own designated vacancy periods. After a decade, the Jamnagar and Rajkot Corporations have opened their doors to newcomers alongside experienced staff. However, age and caste bias often operate behind the scenes. It’s important to recognise that poverty is also widespread among many upper-caste individuals, and their needs cannot be overlooked. In the overall interests of the nation, terms like SC/ST/OBC, Dalits, etc. must be deleted from the nation’s vocabulary. Every citizen should have only one classification, that of being an ‘Indian’, in the spirit of the constitution.

Last year, when the Bihar government decided to conduct a caste survey in the state, the BJP was also Nitish Kumar’s partner in the state government, and it supported it. Political expert and former professor of Tata Institute of Social Science, Pushpendra Kumar, says, “It is not that the BJP does not talk about caste. It tries to reveal the caste of the Prime Minister as well. For caste politics, the BJP also tried hard to raise the issue of Pasmanda Muslims.”

(The writer is a management professional based in Ahmedabad. Views personal.)

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