Dear friends,
The Asian Human Rights Commission (AHRC) has received information from Navsarjan, a human rights organisation working on Dalit rights in Gujarat, regarding the caste discrimination practiced by the Vice Chancellor of Gujarat University. The AHRC strongly condemns this behavior by the Vice-Chancellor, a person who can influence public opinion. The practice of caste based discrimination is a crime and prohibited by law in India. Despite the passage of two months since the incident and a High Court order, police have still not completed the investigation of this case.
CASE DETAILS:
On 3 May 2008, Mr. Parimal Trivedi, the Vice-Chancellor of Gujarat University, verbally abused Mr. Pankaj Magan Shrimali, a professor of history at the University calling Mr. Pankaj a “Dheda”. The naming of “Dheda” is a derogatory word used against the Scheduled Caste. The Vice Chancellor Parimal belongs to the upper caste Brahmin but Prof. Pankaj belongs to the Scheduled Caste (Dalit, known as ‘untouchables’) in the Hindu caste system.
The Vice Chancellor Parimal appointed Mr. Pradeep Prajapati, the Dean of the faculty of arts, as a coordinator to the Central Assessment of Examinations. The Dean Pradeep appointed Prof. Pankaj as an assistant coordinator, which had to be confirmed by the Vice-Chancellor.
Prof. Pankaj started his work as the coordinator under instructions from the Dean, but the Vice Chancellor Parimal refused to confirm the appointment. The Vice-Chancellor in fact removed Prof. Pankaj’s name from the list of appointees. When the Dean Pradeep asked why Prof. Pankaj’s name was removed from the appointees, the Vice Chancellor Parimal answered that “Such an important work cannot be assigned to the ‘Dheda’ like Pankaj Shrimali.” Even when the Dean Prajapati asked the Vice Chancellor Parimal to apologise, the Vice Chancellor further said, “Why should I apologise? He is a Dheda and shall remain so forever.”
According to Prof. Pankaj and the Dean Pradeep on 3 May when they met Parimal in his office, to seek appropriate explanation for the rejection of the appointment and use of abusive language. Instead of giving a reasonable answer the Vice Chancellor Parimal repeated the same words, indicating Prof. Pankaj’s caste some seven times.
On the same day, Prof. Pankaj lodged a complaint against Vice Chancellor Parimal at the Navarangpura Police station, located near the Gujarat University. The crime against Mr. Parimal in the First Information Report (FIR, No. ll 3042/08) was under the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act), Section 3(1) (x) (Whoever not being a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine).
Mr. Parimal, however, in the petition to the High Court Gujarat (Special Criminal Application No. 913 of 2008) denies the facts of the case and even insists that both the victim Pankaj and the Dean of faculty of art at the University created a false story to harass him. In addition, Parimal has demanded quashing the police complaint against him.
In response to Parimal’s petition, the High Court gave an oral order on 15 May 2008 that Mr. Parimal shall co-operate with the Investigating Agency but no coercive action shall be taken against Mr. Parimal. Justice R. H. Shukla told the investigating officer to investigate this case but the police have not recorded a statement from the accused Parimal. On 19 June the Gujarat High Court rejected Parimal’s plea to quash the complaint against him.
The High Court has finished hearing the prosecution in connection with the Vice Chancellor Parimals petition, while the complaint filed by the victim Prof. Pankaj has not finished being investigated. Despite the passing of two months, the police have not yet recorded a statement from the accused Parimal nor taken any action against the accused. The Assistant Commissioner of Police Mr. N. D. Parmar claims that he is investigating the case.
BACKGROUND INFORMATION:
This is not the first incident involving the Vice-Chancellor, where he is accused of practicing caste based discrimination at the university. It is reported that on 29 March 2008, the Vice-Chancellor Parimal raised heckles regarding the gang rape incident at the Patan Primary Teacher’s Training College. He even said in public that this gang rape incident by the teachers was praiseworthy. For details about this gang-rape case, please see the previous Urgent Appeals, UAC-063-2008 and UAU-030-2008.
Two years ago, the Vice-Chancellor had abused Prof. Pankaj using language with derogatory and caste based undertones. Mr. Pankaj then sent an appeal letter to the National Human Rights Commission of India but no appropriate action has been taken against Mr. Parimal. This suggests that the police and education authority allow the Vice-Chancellor to practice caste based discrimination abusing his position of power.
It is also alleged that the Vice-Chancellor Parimal uses the University budget for the expenses of the case against him. When the AHRC along with Prof. Pankaj visited the Gujarat University on 3 June 2008, the Vice-Chancellor did not permit taking pictures inside the University.
Government authorities play a significant role in eradicating untouchability and caste based discrimination. Through different government policies, like positive reservation, the government tries to eradicate caste based discrimination in India. However, most of these policies fail to deliver results due to the failure of the implementing agents like the Vice-Chancellor. The education authority is one of the important agencies that could mold a generation without caste based prejudices in India. Due to the fact that teachers have better access to the young, the role of a teacher is more important in eradicating caste based discrimination. A Vice-Chancellor who is the ‘highest teacher’ in a university in such a context assumes a major role in this exercise.
According to the victim Prof. Pankaj, no one from the Scheduled Caste has ever been appointed in non-reservation seats at Gujarat University. Even some seats reserved for the Scheduled Caste in Gujarat state still remain empty.
ADDITIONAL COMMENTS:
The mere fact that a government servant is practicing caste based discrimination increases the gravity of crime that violates the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
In the FIR against Mr. Parimal, Navarangpura police did not mention the Section 3(2)(vii) (being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence), which reduces the responsibility and gravity of the crime when committed by a public servant.
Despite the High Court order, as well as the SC/ST Rules 1995 (Rule 7 (2) investigation on top priority within thirty days), police have yet to finish an investigation into the case or to record a statement from the accused. Under Section 18 of the SC/ST Act anticipatory bail cannot be given to an accused.
SUGGESTED ACTION:
Please write to the authorities named below expressing your concern in this case. Please make a note that the practice of caste based discrimination by the perpetrator affects the entire society, in particular children in India.
The AHRC has also writing a separate letter to the UN Special Rapporteur on contemporary forms of racism, discrimination, xenophobia and related intolerance calling for an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: The conduct of the Vice-Chancellor of Gujarat university practicing caste based discrimination must be investigated
Name of the victim: Mr. Pankaj Magan Shrimali, age 39, a professor of history at Gujarat University, Ahmedabad, Gujarat, India
Name of the alleged perpetrator: Mr. Parimal Trivedi, age 47, Vice-Chancellor of Gujarat University, Ahmedabad, Gujarat, India
Date of incident: 3 May 2008
Place of incident: Gujarat University, Ahmedabad, Gujarat, India
I am concerned to know about the conduct of the Vice-Chancellor of the Gujarat University who is reportedly practicing caste based discrimination in the university.
The Vice Chancellor Mr. Parimal Trievedi is alleged to have used derogatory language referring to the caste of one his professors concerning the professor’s appointment to a post monitoring the examinations of the university. The incident happened over the appointment of Professor Pankaj Magan Shrimali as the assistant coordinator to a university department providing central assessment of examinations. It is reported that Vice-Chancellor Trievedi not only refused to approve the appointment, but also stated in public that the work to be carried out as the coordinator could not be carried out by someone from the Scheduled Caste.
It is reported that the Vice-Chancellor said “Such an important work cannot be assigned to the ‘Dheda’ like Pankaj Shrimali.” Dheda is a derogatory term used by the upper caste against the lower caste to demean the members of the lower caste as low in social hierarchy. I am also informed that this is not the first instance where the Vice-Chancellor has made derogatory remarks against a lower caste in India, justifying the ‘superior position’ of the upper caste.
In addition, the police have failed to act promptly or to carry out their duties to properly investigate the complaint of the victim. It is reported that the Vice-Chancellor is misusing his authority and his office to deny and further justify his act. The mere fact that the person practicing caste based discrimination is the Vice-Chancellor of a university aggravates the nature of the crime.
I am informed that caste based discrimination is a crime in India. It is prohibited and punishable under the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act). I am informed that the Vice-Chancellor not only justified his conduct, but also approached the Gujarat High Court seeking the court’s assistance to quash the criminal complaint filed by Professor Pankaj Magan Shrimali at the police station.
I am informed that the Court has not only refused to grant any relief to the Vice-Chancellor, but has also directed the police to complete the investigation in the case within the statutory period. However, the police have failed to comply with the order of the court. I am informed that the police have refused to arrest the accused despite the court’s order, or even record his statement.
I am informed that India has ratified the UN’s International Convention on the Elimination of all Forms of Discrimination which is legally-binding and obligates the state to be responsible for removing exclusions based on origin. The government of India must act to eradicate the systematic abuse against a wide section of its society made vulnerable by a system that is one of the most oppressive in the global world.
I urge you to act to immediately investigate this case in accordance with the law and to ensure that the perpetrator is punished.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Narendrabhai Damodardas Modi
Chief Minister
NewSachivalay
Gandhinagar – 382 010
Gujarat
INDIA
Fax: + 91 177 23222101
E-mail: cm@gujaratindia.com
2. Mr. Amit Anilchandra Shah
Home Minister
Block No.2, 3rdFloor, New Sachivalay
Gandhinagar – 382 010
Gujarat
INDIA
Fax: + 91 177 23250501
E-mail: pshome@gujarat.gov.in
3. Secretary of Department of Social Justice and Empowerment
Government of Gujarat
Block No.5, 8th Floor, Sachivalay
Gandhinagar
Gujarat
INDIA
Fax: + 91 177 23254817
E-mail: secswd@gujarat.gov.in
4. Director General of Police
Police Bhawan Sector 18
Gandhinagar
Gujarat 382 009
INDIA
Fax: + 91 177 23253918
5. Minister of Social Justice and Empowerment
Government of India
Shastri Bhawan, Dr Rajendra Prasad Road
New Delhi – 110 001
INDIA
Fax + 91 11 23384918
E-mail: min-sje@sb.nic.in
6. Minister of Human Resource Development
Department of Higher Education
Government of India
Shastri Bhawan
New Delhi -110001
INDIA
Fax + 91 11 23381355, 23382947
Email: hrm@nic.in
7. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax + 91 11 2338 6521
E-mail: chairnhrc@nic.in
8. Chairperson
National Commission for Scheduled Castes
5th Floor, Lok Nayak Bhawan
Khan Market
New Delhi 110 003
INDIA
Fax + 91 11 2463 2298
E-mail: jointsecretary-ncsc@nic.in or chairman-ncsc@nic.in
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrchk.org)
