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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.

Clever seat selection helped BJP to secure historic win

Nov 29, 2024
2 min read

The party won 65 seats against Congress, 37 against NCP (SP) and 29 against Shiv Sena (UBT)

Clever seat selection

Mumbai: The BJP’s strategic seat sharing with the allies has proved beneficial for the party. An analysis of the Assembly election results show that the BJP has scored over its main rival, the Congress, in a big way because of the direct fights.


The analysis shows that BJP defeated all three constituents of the Maharashtra Vikas Aghadi (MVA) – Congress, Shiv Sena (UBT) and NCP (SP) – in the direct fights. This is attributed as one of the reasons for the BJP’s historic poll success.


The BJP contested 147 out of 288 seats. In 76 constituencies, it faced Congress. BJP secured victory in 65 seats and lost only 11 seats, making it a whopping 86 per cent of the total direct fights. This was followed by an even stronger performance against NCP (SP). Of the total 39 fights with Sharad Pawar’s party, BJP captured 37 seats making it 95 per cent of the total fights with NCP (SP). BJP and Shiv Sena (UBT) were head-to-head in 32 constituencies, of which BJP emerged victorious in 29 seats, making this 91 per cent of the total direct contests.


According to a BJP strategist the party had bargained hard with its allies, Shiv Sena and NCP to get the desired constituencies in the seat sharing formula. “We had studied to potential candidates of the MVA. That helped us in choosing the seats where we can register comfortable victories,” the strategist said.


BJP spokesperson Niranjan Shetty attributed the success to all the party workers who worked hard to boost development, infrastructure in the state. He gave credit to Deputy Chief Minister Devendra Fadnavis for his contribution to the party’s success.


Shetty pointed out that in 2019, Uddhav Thackeray had stalled all the “novel” and “legendary” projects that Fadnavis had started when he had taken over as CM, making it very easy for the people of Maharashtra to strike a comparison between both the leaders and the potential they had for serving the people. “Devendra Fadnavis gave up his post very easily for the larger good. There are many such examples like Venkaiah Naidu who was BJP National President and later worked as the Vice President of India because that was the need of the hour. We seldom care about our posts,” Shetty told The Perfect Voice.


Congress spokesperson Atul Londhe refused to call the election results as the people’s mandate. “This is not at all a Janata mandate. Despite Maharashtra struggling with so many basic social issues, how can BJP acquire such a huge mandate is the question. If a student copies and fails with just passing marks, it can go unnoticed, but if a student copies and bags the number one position, something is fishy. Why is the BJP scared of ballot papers?” he said.

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