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Report of the People's Tribunal on Caste Discrimination & Police Report of the People’s Tribunal on Caste Discrimination & Police Action in University of Hyderabad Members of the Tribunal: Justice K Chandru Retd. Judge, High Court : Madras Prof Ghanshyam Shah (formerly Prof, Jawaharlal Nehru University, New Delhi) Prof Govardhan Wankhede (formerly Professor & Dean, Tata Institute of Social Sciences , Mumbai) 1 Report of the People’s Tribunal on Caste Discrimination & Police Action in University of Hyderabad Present: Justice K Chandru Prof Ghanshyam Shah Prof Govardhan Wankhede Venue : National Cement Bhavan, Gachibowli, Hyderabad. Date of Hearing : 16.4.2016 Reference : The Tribunal was organised by the concerned teachers, writers and lawyers of Hyderabad. It was requested to go into the following terms of reference:- 1. To recommend protocols to enable marginalized students to fully participate and enjoy the academic, political and social space of the university more productively and effectively. 2. To examine the existing grievance redressal systems to prevent caste discrimination in University of Hyderabad and evaluate their effectiveness. 3. To examine the existing appeal provisions provided by the University Regulations in the case of students who are subjected to major punishments such as rustication, expulsion and suspension. 4. To examine the existing guidelines and protocols for the entry and deployment of police in University of Hyderabad. 5. To explore restorative and compensatory measures, which could initiate the process of healing and reconciliation in the university. 6. To make any other suggestion or recommendation that the Tribunal may deem appropriate. 2 The initiative to organize a Public Tribunal was taken by concerned teachers, writers and lawyers of Hyderabad. Some of these teachers were part of a Committee appointed by the High Court in PIL No. 106/2013 dated 30.4.2013 for recommending both short term and long term measures. Later, a Division Bench of the High Court passed an Order dated 1.7.2013 observing that the report submitted to them was exhaustive. It directed all the Vice Chancellors of various universities in the state to implement the suggestions as well as the scheme given in the report. The proceedings of the Tribunal began at 11.00 a.m. The Tribunal was welcomed and the objective of organizing the Tribunal was introduced by Prof Rama Melkote. Later the witnesses were introduced by Dr R Srivatsan. As it was a public hearing, people were allowed to watch the proceedings. Substantial number of students, scholars and teachers from the University of Hyderabad and other institutions were present in the hall. The proceedings were also videographed. Before the proceedings began, the members of the Tribunal were given a copy of the University of Hyderabad ACT, 1974 and the statutes of the university. The members were supplied with three typed sets of papers containing the deposition of witnesses (pre-recorded by them) and also certain documents which may be relevant to the public hearing as well as orders of the High Court in earlier cases of suicides and caste discrimination. The typed set included copies of Reports submitted to University of Hyderabad regarding earlier suicides committed by students i.e. M.Venkatesh (December 2013), P.Raju (April 2013) and Senthil Kumar (April 2008). Copies of UGC Regulations regarding Student Entitlements, Grievance Redressal Regulations and Promotion of Equity in Higher Educational Institutions were also given to the members. The organizers of the Tribunal also sent notices to The Registrar, University of Hyderabad and the Commissioner of Police, Hyderabad as early as 7.4.2016 asking them to attend the Tribunal and to give their inputs so that a comprehensive report can be prepared. On the date of the hearing fixed for the Tribunal, none of those officers attended the hearing. List of Witnesses: 3 Due to paucity of time, the Tribunal members requested the organizers to limit the number of witnesses whose statements were to be recorded. Accordingly the following witnesses were examined before the Tribunal: 1. Dr.Velpula Sunkanna, s/o Swamidas, aged about 36 years, r/o. Damagatla village, Nandikotkur Mandal, Kurnool District, Andhra Pradesh . 2. Mr Seshaiah Chemudugunta, s/o. Chenchuramaiah, native of Kagithalapuru village (Nellore Dt.), Research Scholar, University of Hyderabad (UoH). 3. Mrs.Radhika Vemula (mother of Rohit Vemula) 4. Dr.K.Lakshminarayana, s/o. Late K.Venkaiah, r/o. Flat No.306, Pleasant Apartments, Bazarghat, Red Hills, Hyderabad, Associate Professor, School of Economics, University of Hyderabad. 5. Ms Firdaus Soni, d/o. Vaidehi, aged 23 years, r/o. LH-1, North Campus, UoH, M.Phil student in Department of Sociology, UoH. 6. Mr Uday Bhanu, s/o. Narasaiah, aged 29 years, r/o. NRS Hostel, Research Scholar in Department of Telugu, UoH. 7. Dr.K.Y.Ratnam, Director, Centre for Ambedkar Studies, UoH. 8. Prof. Amita Dhanda, Professor at NALSAR University of Law at Hyderabad. 9. Prof. Vinod Pavarala, Department of Communications, UoH 10. Prof. Sasheej Hegde, Department of Sociology, UoH. 11. Mr D.Prashanth, Student, M.A. Political Science, UoH 12. Mr Kaki Madhava Rao, Former Chief Secretary, Govt. of Andhra Pradesh List of Testimonies : The statements recorded from other persons who were not examined before the Tribunal, but who were present were circulated to the Tribunal are as follows: 1. Ms.Ishani Ghorai , d/o. Namita Ghorai, aged 23 years, 4/o. LH-6 Room No.231, Project Fellow in Department of Political Science, UoH. 4 2. Zuhail K.P., s/o. MoideenKoya, aged 26 years, Research Scholar, Department of Physics, UoH. The Human Rights Forum (HRF) represented by S.Jeevan Kumar,(President) and V.S.Krishna (General Secretary) submitted a memorandum to the Tribunal dated 16.4.2016. In their memorandum they stated as follows:- “We submit an article written by Late K.Balagopal, Human Rights Forum, (General Secretary) practising advocate in A.P.High Court, on a similar situation that erupted in 2002 when the present V.C. Mr.Appa Rao was Chief Warden. We feel that this article would contribute towards understanding the biased atmosphere held in the University and the way the students issues were handled by the people holding positions. “ Background : The background details leading to the suicide committed by Rohit Vemula Chakravarthy, a Research Scholar of the UoH on 17.1.2016 as well as the police action subsequent to his death and the existing caste discrimination practice by the University was provided to us by the organizers of the Tribunal. The starting point of the present episode was the protest of ASA on the 3rd August, 2015 against violation of right to expression. It was in response to ABVP’s attack on the screening of a documentary film ‘Muzaffarnagar Baaqi Hai, directed by Nakul Singh Sawhney. The screening was organised on the 1st August 2015 by Montage, the Film Society of Kirorimal College, Delhi. The film was about the Muzaffarnagar and Shamli riots. For AVBP the film was “anti- Hindu” and critical of the Prime Minister Modi (Indian Express dated 2/8/15). Moreover, the ABVP alleged that the ASA also protested on death penalty to Yakub Memon, accused in the Bombay bomb blast. The AVBP further alleged that ASA displayed placards with Yakub Menon’s picture and write up: “If one Yakub is hanged, another is born in every house”. The ABVP called the ASA’s protest as ‘anti-national’. The ABVP president of UoH N Susheel Kumar called the Dalit activists as ‘goons’ on Facebook. Offended by the comment, a group of ASA activists went to Susheel Kumar and asked him to withdraw the derogatory remarks. There are two versions of the event. Susheel Kumar alleged that the ASA activists went to his room at midnight and demanded written apology for the remark. Susheel Kumar accused that “he was beaten by them”. On the other hand ASA students reported that they called Susheel Kumar near cycle stand and 5 persuaded him to withdraw his comments and asked for apology. This happened in the presence of university security person. However, the next morning Susheel Kumar got admitted in the hospital with a complaint that he was beaten with hands and feet.” He was operated for an acute appendicitis. ABVP lodged a police complaint and the university instituted an inquiry on the incident. The medical officer who treated the injured issued a medical certificate stating that the injuries sustained by Susheel Kumar during the incident were ‘simple’. According to Dr Anupama Rao, Senior Medical Officer of the University of Hyderabad who opined: "After collecting all the medical reports of Susheel Kumar and examining them, I could not reach the conclusion that he developed appendicitis due to the alleged assault. There was one line that there was a bruise on his left shoulder. I could not say if he was allegedly punched or beaten up. I did not examine him as he did not come to me and the hospital’s report does not mention that he had any external or visible injury." The Proctorial Board consisting of the Chief Proctor and two faculty members took note of this complaint, conducted an enquiry into the said incident. By Report dated 12-08-2015 the Proctorial Board gave a finding that there was no reliable evidence of assault but nevertheless issued a strong warning to Susheel Kumar for posting offensive comments on Facebook and to six Dalit students that they should not have taken the law in their hands and should have instead complained to the University authorities. The decision of the Proctorial Board is reproduced which is as follows:- 1. A strong warning is to be issued to Mr Susheel Kumar for posting of such comments on Face Book. 2. Strong warnings to be issued to Mr D Prasanth, Mr Vincent, Mr Rohith Vemula, P Vijay, Mr Sunkanna, Mr Seshu Chemudugunta for going to Sushil Kumar’s room and hostel and asking for apology and deleting his comment from face book, in the midnight, instead of complaining to appropriate authorities.
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