‘The Word ‘Dalit’ is Insulting, Unconstitutional’: Duo Behind PIL

Controversy over the word ‘Dalit’: For petitioner Pankaj Meshram, ‘Scheduled Caste’ is a constitutionally valid word.

(Photo: Aroop Mishra/ The Quint)

Video Editors: Abhishek Sharma & Ashutosh Bhardwaj

For Pankaj Meshram, a resident of Amravati in Maharashtra, the word ‘Dalit’ is insulting.

His discomfiture with the nomenclature led him to file a Public Interest Litigation (PIL) at the Nagpur bench of the Bombay High Court.

It’s the Bombay High Court’s judgment in Meshram’s case that has triggered a debate across the country, whether the word ‘Dalit’ is an appropriate term for an entire community that has been victimised by violence and caste tensions for years.

“After seeing that the print media, electronic media and even the government was still using the same word, I decided to send an application to the Maharashtra government. Despite sending requests two to three times to the state government, no action was taken on my plea. It was then that I decided to file a PIL at the Nagpur bench of Bombay High Court.”

Pankaj Meshram

Legal Battle Led to the Advisory by I&B Ministry

In its order dated 6 June 2018, the Nagpur bench of the high court said:

“As Central Government has issued necessary directions to its officers, we find that it can also issue suitable directions as per law to the respondent no. 2 (Press Council of India) and the media to refrain from using same word.”

In March 2018, the Union Ministry of Social Justice & Empowerment had issued instructions, making usage of 'Scheduled Caste' mandatory in all official communication.

Following the HC’s order, the Information & Broadcasting Ministry, issued an advisory to private news channels.

Screenshot of the advisory issued by the I&B Ministry to private news channels.(Photo Courtesy: Twitter/@mumbaipressclub)

In a letter dated 7 August 2018, the ministry said that “media may refrain from using the nomenclature “Dalit” while referring to members belonging to Scheduled Caste”.

It’s, however, not clear whether this advisory is binding on news outlets. Since the letter was addressed to news channels, one can only guess whether the advisory is applicable to print and digital media.

Khairlanji Massacre of 2006 Acted as the Trigger

For Meshram, it was the Khairlanji massacre of 2006 that compelled him to take up this cause.

On 29 September 2006, four members of a family were allegedly killed by the upper caste Kunbis, sparking outrage.

“In 2006, when the Bhotmange family was killed in Khairlanji, protests had erupted soon after the incident. That family was killed only because they belonged to lower caste, and prevalent caste tensions. To ensure that such caste-related violence doesn’t happen again, we started this campaign.”

Pankaj Meshram

Pankaj Meshram (L) with Bhaiyalal Bhotmange (second from left), the only surviving member of Bhotmange family in Khairlanji. Bhaiyalal died of heart attack in 2017.(Photo Courtesy: Pankaj Meshram)

Meshram’s lawyer Shailesh Narnavare says the word ‘Dalit’ is ‘illegal’.

“Dr BR Ambedkar never used the word ‘Dalit’ in the Constitution. Under Article 341, the term is Scheduled Caste, that’s the constitutional term which has dignity.”

Shailesh Narnavare, Nagpur-based lawyer

Debate Over the Word ‘Dalit’

However, many activists don’t agree with the duo. For them the word ‘Dalit’ is associated with the struggles and the unique identity of the community.

According to scholar and activist Anand Teltumbde, even the father of India’s Constitution, Dr BR Ambedkar was never averse to the term ‘Dalit’.

In a telephonic conversation with The Quint, Teltumbde quoted example of the newspaper started by Ambedkar in the 1930s which used the term ‘Dalit’ frequently.

Chandra Bhan Prasad, Dalit ideologue and political commentator, told The Quint:

“The word ‘Dalit’ is associated with ‘Dalit Pride’ and they derive strength from this word. Dalits chose it themselves.”

Chandra Bhan Prasad, Dalit Ideologue

The I&B Ministry’s advisory has stirred a debate even within the government. Union Minister of State for Social Justice and Empowerment Ramdas Athawale has announced that his party will challenge the ministry’s advisory in Supreme Court.

Athawale says that most Dalit groups do not have a problem with the term ‘Dalit’, which gives them a sense of pride.

For a community, that was not comfortable with ‘Harijan’, a term coined by Mahatma Gandhi, the current controversy raises an existential question about their identity.

(with inputs from Shawbhik Palit)