How the case for Dalits can be trivialized and made to look ridiculous – all by folks claiming to speak for them

My apology for the longish header. I couldn’t get away from making it that explicit.

The reliance of Dalit intellectuals on dubious history to back their peoples case of “persecution through thousands of years”, mostly by Aryan invader descended Brahmins, is slowly beginning to unravel. Unfortunately Dalit masses, in whose name these intellectuals claim to speak, are hardly aware of the football they have become.

Long ago whilst arguing against such a stance – because it was not necessary – but more so because it was dangerously ahistorical; I had asked my debating opponents as to what they would do if the Aryan Invasion Theory, for instance, was disproved? There were some who saw the point, the others were too taken in by the propaganda, to agree.

Dalits or formerly, Hindusthan’s untouchables have a case on merits, still. But they do not have a case in the history Dalit and liberal intellectuals swear by.

Well, some Dalit intellectuals simply do not care to think sensibly. This causes them to own ridiculous causes and come to self-defeating conclusions. This must make their motives suspect.

– Namaste

Court ruling challenges India’s caste system

A landmark legal ruling which granted India’s downtrodden ‘untouchables’ the right to defend their reputations has been hailed as a symbolic victory for the country’s lower castes.

An appeal court judge in Jammu and Kashmir decided that all Indians were worthy of respect and entitled to a good reputation regardless of their wealth or social status.

The ruling amounts to a direct challenge to India’s caste-focused society in which attacks on ‘untouchables’ or dalits because of their ‘polluting presence’ are common.

There are cases of dalits killed for daring to drink water from the same well as their caste ‘superiors’ or to complain when their daughters are raped.

Against this background, the ruling has been hailed as revolutionary.

Mushtaq Ahmed Mir, an unemployed man from Kupwara, decided to sue the Kashmiri newspaper Tameel-i-Irshad after it published a false report claiming he was a defendant in a murder case. He had asked the judge to waive the court fee in the case because he was too poor to pay it.

The judge threw out his case with a ruling that the poor did not have reputations which could be damaged in newspaper reports.

“When the plaintiff is not even in a position to pay the lawsuit fee, he cannot seek damages for defamation, ” Judge Nazir Ahmed Fida said. “The dignity of a person of low integrity will not be lowered further in case his name appears in a defamatory piece of news.”

Mr Mir’s lawyer said he was shocked by the decision, made despite the judge’s acknowledgement that the news report was untrue, and launched an immediate appeal.

In his appeal ruling, High Court Judge Muzaffar Hussain Attar reprimanded the original trial judge and said his ruling had been “offensive to conscience.” “The respect and reputation of a person is not dependent upon how much wealth he has accumulated,” he said. If only the rich were entitled to respect “a great disservice will be done to society,” he added.

Supreme court lawyer Zafar Shah last night welcomed the ruling which he said had narrowed the gap between the equal rights promised to every Indian in the country’s constitution and the reality where “the respect and dignity of a person is determined by [his] economic and social status.”

Leading social commentator Pavan K Varma said the ruling heralded “the beginning of change.” “To say that someone who is poor can’t have status reflects the mindset of another century, but old attitudes die hard. That the appeals judge threw out the ruling means there’s a beginning of change. I’m not surprised that [the judgment] was overruled. That’s the significance. Caste is now standing on its head,” he said.

Dalit leader Dr Udit Raj however said while the ruling was “revolutionary” and a “symbolic victory” for the poor and low-castes, the reality in India was closer to the original trial judge’s ruling.

“It’s impossible for the poor, minorities and low castes to get justice. The trial judge should be dismissed, but his ruling is closer to reality. There is some way to go before dalits get the respect they’re entitled to under the constitution. Our people are hypocrites,” he said. 

–Varta–

Palahalli S writes – Of particular interest is the response of Shri Udit Raj, a self-proclaimed Dalit convert to Buddhism and who now campaigns actively for Dalits to convert out of Sanatana Dharma to any other religion including Islam.

Facts of the case – are self-evident.

1. The setting is Kupwara in the Kashmir Valley. This is the Valley whose Muslims persecuted native Hindu residents and ethnically cleansed Kashmir of nearly all of them.

2. The plaintiff, the defendant and the Judge, are all Muslims. Their religion, Islam, supposedly per Shri Udit Raj and ilk, is free of any kind of discrimination and is wholly egalitarian.

3. A case of a Muslim plaintiff against a Muslim owned and run establishment and ruled by a Muslim judge – becomes a ruling for and later, on appeal, against discriminative practices in Sanatana Dharma! The latter ruling being a blow for “equality” and a blow against “Caste injustices”.

4. All this is reported just as Shri Udit Raj understands it – by the world press.

This is beyond ridiculous and only proves the single point agenda of the liberal press to discredit Sanatana Dharma in any which way possible.

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