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The Wire
2 days ago
- Politics
- The Wire
In Critique of Draft Rohith Vemula Bill, UN Experts Urge Stronger Safeguards for SC, ST Students
New Delhi: Two United Nations special rapporteurs have issued a detailed statement raising concerns and offering recommendations on the draft Rohith Vemula (Prevention of Exclusion or Injustice) (Right to Education and Dignity) Bill proposed by the Karnataka government and urged the government to consider them. Ashwini K.P., special rapporteur on contemporary forms of racism, and Nicolas Levrat, special rapporteur on minority issues, noted that while the Bill aims to combat caste-based discrimination in higher education, it lacks key human rights protections and clarity in legal definitions. The draft legislation of the law, named after Rohith Vemula, seeks to criminalise discrimination against students from Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs) and religious minorities in educational institutions. The special rapporteurs come under the purview of the 'special procedures' of the United Nations Human Rights Council (UNHRC); they are 'independent human rights experts' who are mandated by the UN to report and advise on 'human rights from a thematic or country-specific perspective'. Under their special mandate from the UNHRC, they have highlighted 'several human rights considerations that should be considered during the ongoing development of the legislation'. UN concerns on the draft Bill The special rapporteurs stated that the draft Bill does not mention 'specific protection for Dalits and Adivasis against disproportionate discrimination in various areas' and urged the drafting committee to 'explicitly' include provisions for their protection. Ashwini K.P., replying to an email questionnaire by The Wire, said: 'The current draft clubs OBCs, SC, ST and minority communities together. All of them face marginalisation, but it's crucial to understand and recognise the heterogeneous nature of their experiences. The persistent and systematic forms of discrimination that Dalit and Adivasi students face require explicit acknowledgement.' They also claimed that there is a lack of definition for 'direct or indirect discrimination', which could result in the law failing to provide 'comprehensive protection' to those affected. It could also lead to misuse of the law and oppression of activities unrelated to the law, including those in the 'defence of human rights'. The draft includes provisions to imprison a person convicted of discriminating against SC, ST, OBC and minority students for up to one year or impose a fine of Rs 10,000. Heads of higher education institutions will also be held liable, and the institutions may lose government aid or grants in case of such convictions. The punitive nature of the draft law was also criticised. They warned that it may 'undermine the promotion of understanding, tolerance and friendship among racial or ethnic groups'. Focusing on addressing the social roots of caste-based discrimination, the rapporteurs recommended placing greater emphasis on effective 'preventive measures' such as orientation programmes and educational awareness campaigns. To ensure effective implementation, they also recommended setting up a grievance redressal mechanism, ensuring 'protection for whistleblowers' and introducing 'accountability measures' for educational institutions that fail to comply. The special rapporteurs also claimed that the Bill's drafting process has not been sufficiently deliberative and has not included the 'voices of those who may experience caste-based discrimination and harassment, including Dalit and Adivasi students, scholars and activists'. They called upon the committee to introduce provisions that make the process more transparent, consultative and participatory. Finally, the rapporteurs noted the need for diversity and proportional representation in the drafting committee itself and urged that there be 'proportionate caste, gender and geographical representation from the state of Karnataka in the committee'. The political equation The move to draft this law comes after leader of opposition in the Lok Sabha, Rahul Gandhi, wrote a letter to the three Congress-led state governments in April urging them to enact the law that was promised in the party's 2024 Lok Sabha election manifesto. Following this, Karnataka chief minister Siddaramaiah instructed his legal adviser to prepare a draft of the Bill. 'The Union government brushed the incident under the carpet although it was clear that Rohith Vemula was targeted because of his [Dalit] caste,' said minister Priyank Kharge confirming that he provided inputs for drafting the Bill. However, Ashwini claimed that the Indian government 'has not approached the UNHRC or any other international bodies for recommendations'. Meanwhile, the BJP's leader of opposition in the Karnataka legislative council, Chalavadi Narayanaswamy, agreed that caste-based discrimination should be banned but questioned whether such discrimination can be addressed solely through legislation. This is not the first time that such a demand has been raised. In 2019, Radhika Vemula and Abeda Tadvi – the mothers of Rohith Vemula and Payal Tadvi – filed a petition in the Supreme Court demanding that the government enforce the 2012 University Grants Commission (UGC) regulations that aim to protect vulnerable students from discrimination in educational institutions. The UGC guidelines also have a specific definition of 'discrimination' and various kinds of discriminatory behaviour, but in January 2025, after the case was heard only for the second time, the UGC released new draft regulations intended to replace the 2012 ones. N. Sukumar, a professor at Delhi University, noted in an interview to Scroll that in the new draft, 'these terms are loosely defined'. When the various aspects of the problem are not properly defined, 'there is hardly any scope to address the issues of caste on the campus.' Rohith Vemula and a legacy of institutional violence Vemula, a PhD scholar belonging to Dalit community at the University of Hyderabad, was among five students suspended in September 2015 following a complaint filed by the Akhil Bharatiya Vidyarthi Parishad (ABVP), the student wing of the Rashtriya Swayamsevak Sangh, the BJP's ideological fountainhead. His monthly research fellowship of Rs 25,000 was also discontinued, reportedly due to his activities in the Ambedkar Students' Association. The ABVP's complaint was forwarded by then-Union minister Bandaru Dattatreya to then-human resource development minister Smriti Irani, who subsequently asked the university to take appropriate action. Following their suspension and removal from university housing, the students began a relay hunger strike and stayed in a temporary tent on campus. On January 17, 2016, Vemula died by suicide, leaving behind a note in which he expressed a deep sense of disillusionment and described his birth as a 'fatal accident'. His death was one amongst numerous such incidents in the past two decades where a Dalit student was allegedly pushed over the edge and died by suicide. Activists consider these to be 'institutional murders', since every part of the education institution – including the student body, the faculty and the administration – are said to work in tandem to make sure that caste hierarchies are upheld and no voices can be raised against it. This leaves the student completely cornered. Some say that caste-based discrimination, humiliating abuse and alienation by peers have pushed students like Payal Tadvi, Darshan Solanki, Ayush Ashna and Varad Sanjay Nerkar over the edge. They were allegedly targeted for belonging to a certain caste and viewed as not fit to be in such institutions. There are no avenues for redressal of complaints as well, since the administration too engages in suppressing their voices, activists say. While a few of these cases received media attention, many others were recorded through an independent study by the Delhi-based Insight Foundation, led by educationist Anoop Kumar. Path ahead Ashwini claims that 'currently there is no specific legislation in India which addresses caste-based discrimination in higher education for Dalit and Adivasi students. While some mechanisms such as grievance redressal cells exist in colleges and universities, there is no exclusive framework to protect students from marginalised backgrounds in academic spaces.' Therefore, although some critics believe that the draft Rohith Vemula (Prevention of Exclusion or Injustice) (Right to Education and Dignity) Bill is a politically motivated move by the Congress, Ashwini believes that 'the intention behind the Rohith Vemula Act is to fill this gap and ensure a safe space for students coming from marginalised backgrounds'. Such a law becomes crucial in an education system where, according to her, 'student suicides among marginalised communities highlight the disproportionate discrimination faced by them'. She claims that there is a pattern of structural exclusion and systematic discrimination against Dalit and Adivasi students, and that this legislation is important to create a 'safer academic environment' for them. But critics also raise questions of political motivation and appropriation of the long-fought struggles of activists like Radhika Vemula and Abeda Tadvi in creating an equitable and safe educational space by Rahul Gandhi and the Congress. According to the UNHRC special rapporteurs, the draft law has the potential to make effective changes – but this can only be realised if such expert criticism and recommendations are taken into account and the drafting process becomes more publicly participatory. Tamoghna Chakraborty is an intern at The Wire. If you know someone – a friend or a family member – at risk of suicide, please reach out to them. The Suicide Prevention India Foundation maintains a list of telephone numbers they can call to speak in confidence. The TeleManas helpline, a government helpline, functions 24×7, its numbers are 1-800 891-4416 or 14416. You could also take them to the nearest hospital.
The Hindu
2 days ago
- Politics
- The Hindu
Rohith Vemula Bill proposes to cut govt. aid to institutions for violating rules
The Karnataka government has proposed to introduce the Karnataka Rohith Vemula (Prevention of Exclusion or Injustice) (Right to Education and Dignity) Bill, 2025, in the monsoon session of the legislature to safeguard the right to education and dignity of the Scheduled Castes (SC), Scheduled Tribes (ST), other backward classes (OBC), and minorities. The Bill, the draft of which was discussed in the State Cabinet meeting earlier this week, aims to provide equal access and right to education to SC, ST, OBCs, and minorities in all universities under the purview of the Department of Higher Education in the State. For any violation of the law, the person in charge of the affairs of the institution is liable to imprisonment for one year and a fine of ₹10,000. Significantly, the State government would not provide any financial aid or grant to the institutions violating the provisions of this Act. Every offence committed under the proposed Act would be cognisable and non-bailable. Nudge from Rahul Recently, following a letter from the Leader of the Opposition in the Lok Sabha Rahul Gandhi, Chief Minister Siddaramaiah assured him that his government would enact the law to eliminate caste- and identity-based discrimination in educational institutions. The court would also grant appropriate compensation payable by the accused to the victim of discrimination, which would extend to a maximum of ₹1 lakh, in addition to the fine. For the repeated offence, the person would be punished with an imprisonment for a term of three years and a fine of ₹1 lakh. On hate speech A draft of the Karnataka Hate Speech and Hate Crimes (Prevention and Control) Bill, 2025, also discussed in the Cabinet, envisages effective prevention and control of hate speech and hate crimes, their negative effects on individuals, groups, and society. A person who commits a hate crime would be punished with three years of imprisonment and a fine of ₹5,000 or both as per the draft law. An offence of hate crime would be non-cognisable and non-bailable, and would be triable by a magistrate of the first class, the draft Bill states. Fake news (prohibition) Bill The Karnataka Misinformation and Fake News (Prohibition) Bill, 2025, proposes a clampdown on misinformation. As per the draft Bill, social media users found guilty of posting fake news would face up to seven years of imprisonment and a maximum fine of ₹10 lakh. The draft, which has been in the making ever since the Congress came to power two years ago, was placed before the Cabinet earlier this week. The draft law defines misinformation as 'knowingly or recklessly making a false or inaccurate statement of fact, whether wholly or in part, in the context in which it appears excluding opinions, religious or philosophical sermons, satire, comedy or parody or any other form of artistic expression if a reasonable man of ordinary prudence does not pursue such communications as statements of fact'. A six-member Fake News on Social Media Regulatory Authority, headed by the Minister for Kannada and Culture, will be constituted, said the draft. Special courts Special courts would be set up for faster trials of offences, which will be cognisable and non-bailable. The law provides for the appointment of at least one special public prosecutor for every special court and one in each Bench of the High Court. The proposed law seeks to prohibit abusive and obscene content, including anti-feminism. It also wants to prohibit the publication of content 'amounting to disrespect of Sanatan symbols and beliefs' on social media.
Hindustan Times
23-04-2025
- Politics
- Hindustan Times
Karnataka government prepares draft of Rohith Vemula Bill
The Karnataka government has prepared the draft of the Rohith Vemula Bill, which aims at preventing discrimination against students belonging to Scheduled castes (SC), Scheduled tribes (ST), Other Backward Classes (OBC) and minority communities in higher educational institutions, in a development that comes days after Congress leader Rahul Gandhi's letter in the matter to chief minister Siddaramaiah. The draft bill — titled Karnataka Rohith Vemula (Prevention of Exclusion or Injustice), (Right to Education and Dignity) Bill, 2025 — proposes up to one-year jail term and ₹10,000 fine for those discriminating against SC, ST, OBC and minority students. The government will also hold accountable the head of the higher education institution where discrimination is reported, according to the proposed bill, seen by HT. 'This Bill seeks to prevent exclusion, discrimination, or injustice against students belonging to scheduled castes, scheduled tribes, other backward classes (OBC) and minorities in institutions of higher learning under the purview of the department of higher education,' the proposed bill's objective states. State's law and parliamentary affairs minister HK Patil told HT that he has sent the proposed legislation to the CM, adding the government could either table it in the next session of the legislature or bring an ordinance. 'The primary objective of the proposed legislation is to ensure that all students, regardless of caste, class, creed, gender, or nationality, are provided equal access to higher education, as well as to safeguard their dignity and right to fair treatment on campus,' Patil said. Sharing details about the proposed bill, Patil said it envisages prohibition of discrimination in admissions or within the campus environment; provision for lodging complaints in case of violation; punitive measures for individuals and institutions found guilty of discriminatory practices and withdrawal of government's financial aid to institutions violating the law. Once implemented by the department of higher education, the law will be applicable across all 34 government universities, 16 deemed universities and 10 private universities in the state. 'With the government's steadfast commitment to social justice and equality, this will be a landmark bill. The drafting of the bill was undertaken with utmost care and deliberation, in consultation with esteemed legal luminaries and experts, to ensure that the proposed legislation stands on strong constitutional footing while upholding the principles of fairness, inclusivity, and dignity for the scheduled castes, scheduled tribes, other backward classes, and minorities,' Patil said. 'This collective and thoughtful approach reflects the government's resolve to create an educational ecosystem where every individual is empowered to pursue knowledge without barriers or discrimination,' he further said. The development comes less than a week after former Congress president wrote to Siddaramaiah, urging the party-led state government to enact a law named Rohith Vemula Act for ensuring that no one faces caste-based discrimination in the education system. 'It is a shame that even today millions of students from Dalit, Adivasi and OBC communities have to face such brutal discrimination in our educational system,' Gandhi wrote in his letter dated April 16 to Siddaramaiah. Vemula, a PhD scholar in University of Hyderabad, died by suicide allegedly due to caste-based discrimination in 2016. The Leader of Opposition in the Lok Sabha also shared the letter, in which he highlighted the discrimination BR Ambedkar faced in his lifetime, on X on April 18. Responding to Gandhi's post, Siddaramaiah wrote on X: 'Our Government stands firm in its resolve to enact the Rohith Vemula Act in Karnataka — to ensure no student faces discrimination based on caste, class, or religion. We will bring this legislation at the earliest to honour the dreams of Rohith, Payal, Darshan, and countless others who deserved dignity, not exclusion.' Patil said the bill was being worked out by the parliamentary affairs and legislation department. 'We fast forwarded the exercise after Rahul Gandhi's letter,' he said. The former Congress president has also urged party-ruled Telangana and Himachal Pradesh to come up with the Rohith Vemula Act to end caste discrimination in education system.
Deccan Herald
23-04-2025
- Politics
- Deccan Herald
Landmark law will need systemic revamp
With Karnataka Chief Minister Siddaramaiah expressing his inclination to enact the Rohith Vemula Act, as advocated by Congress leader Rahul Gandhi, the state is poised to pioneer a law specifically aimed at shielding Dalit and marginalised students from harassment and oppression in educational institutions. The draft legislation – The Karnataka Rohith Vemula (Prevention of Exclusion or Injustice) (Right to Education and Dignity) Bill – proposes a one-year jail term and a fine of Rs 10,000 for those discriminating against SC, ST, OBC and minority students. The US, too, has a similar law. Vemula, a 26-year-old PhD student from a marginalised background, died by suicide in 2018, citing systemic discrimination at the University of Hyderabad. His death, which sparked nation-wide protests, was not an isolated incident. The government admitted in Parliament that most student suicides in premier institutes – IITs, IIMs, and medical colleges – involved students from Dalit and other oppressed communities. Over 19,000 students from these backgrounds dropped out from central universities and public institutions in just five years leading up to 2023, underlining the scale of Rohith Vemula Act moots constitutional safeguards, caste-based discrimination remains embedded on campuses. B R Ambedkar, the architect of India's constitution, himself endured humiliation and segregation in school – yet, over a century later, little has changed. Reports like the ones by the Prof S K Thorat Committee (2007) and the Mungekar Committee (2012) have repeatedly documented the exclusion and abuse faced by Dalit students – called by their caste names, sidelined academically, and denied fellowships, forcing them to fight for their rights. Even today, caste-based segregation in hostels persists. The UGC's Promotion of Equity in Higher Educational Institutions guidelines aim to curb such discrimination, but enforcement remains lax. Anti-discrimination officers remain toothless, while reserved category students are often stigmatised as 'quota students'..While the Rohith Vemula Act is necessary, it is not sufficient. Real reform must begin at the primary and secondary school levels where Dalit students often lack access to quality education, which affects their confidence and academic performance in higher education. A dedicated mechanism to monitor and address campus discrimination is essential. So is a broader societal shift. Campuses must become sanctuaries of equality, not oppression. Centuries of caste injustice cannot be undone with a single law. The privileged must acknowledge their role in perpetuating inequity and work towards dismantling it. As Karnataka considers this legislation, let it be remembered that laws can initiate change, but lasting justice demands collective conscience and compassion.
