Vengaivayal probe took 2 years, sensitive clips were leaked, Punitha Pandiyan raises concerns

CHENNAI: The bureaucracy and police force in the State are not secular, they mirror the society deeply entrenched in caste rigidity, where discrimination is practised in every possible way, said TN SC/ST Commission’s former vice-chairperson Punitha Pandiyan

The editor of the critically acclaimed Dalit Murasu magazine emphasised that caste discrimination and atrocities will be unabated unless “Constitutional morality” is instilled in the society. The Ambedkarite rubbished claims of TN being unsafe for Dalits, explained various empowering moves executed by the commission and criticised “communal leaders hiding behind political identity” in a detailed interview with DT Next.

How was your experience as part of the TN SC/ST Commission? How many cases did the commission handled during your tenure as vice-chairperson?

During my tenure, the commission received approximately 5,000 cases. We heard and resolved between 3,500 and 4,000 petitions, primarily related to community certificates, land and patta issues, civic matters, and SC/ST atrocity cases. We also prioritised the expedited resolution of pending cases, with nearly 90% of them being successful.

The commission issued four or five circulars addressing the non-filing or delay of FIRs in caste-related atrocity cases, which led to significant changes in the situation. We also ensured the timely disbursement of compensation to victims under the SC/ST Atrocities Act. Additionally, we took steps to eliminate undue delays in issuing community certificates owing to anthropological assessments. We ordered to issue certificates based on family tree or bloodline documentation instead. Advisories were also issued against the use of derogatory caste-related terms such as ‘Kuravan Kurathi’ and ‘Chandalan’.

Dalit political parties term the bureaucracy as “anti-Dalits”. What is your view on this, and how are the law enforcement agencies and the bureaucracy handling cases under the SC/ST Atrocities Act in the State?

Government machinery should be secular, but unfortunately, it is not. There is a pressing need to sensitise the bureaucracy, police forces, and the revenue department. These departments are ill-equipped and lack the sensitivity required to handle such cases. This is similar to the mishandling of cases involving women’s harassment or Pocso-related matters. Taking an oath on the birth anniversaries of BR Ambedkar, Periyar, and Gandhi on untouchability, secularism, and equality is not enough. Periodic and continuous in-service educational programmes to instil human rights values throughout their careers are important.

Moreover, the government should proactively educate civil society on Constitutional morality. Instead of focusing on building memorials for caste leaders, the government should work to address these practices that uphold caste rigidity. Until these practices are eradicated, it will be difficult to curb caste-based atrocities. We have seen what happened in Natham in Dharmapuri district in 2012 when a group of caste Hindus ransacked nearly 300 Dalit houses for close to eight hours, the society remained a mute spectator. Nothing has changed till now, and society cannot simply escape by blaming the government and the police.

What is your view on the Vengaivayal issue and the CB-CID’s charge sheet blaming people from the Dalit community for the atrocious crime?

It was the SC/ST Commission that first took up the Vengaivayal issue suo motu and sought reports from the District Collector and Superintendent of Police. Our member secretary visited the village and submitted reports. Once the National SC/ST Commission stepped in, we pulled back. However, we issued three key directives: compensation to all the affected families, the construction of a common water tank for everyone, and the expediting of the investigation. Yet, many have criticised the Commission for doing nothing.

From a legal perspective, I am unsure whether the CB-CID has submitted a charge sheet or a status report before the special court that handles cases under the SC/ST (Prevention of Atrocities) Act. Since the case was transferred to the judicial magistrate’s court, the political parties and the residents of Vengaivayal should approach the court for a resolution. However, I still question why the investigation team prolonged the probe for two years and why sensitive videos and information were leaked during the investigation.

There has been a demand for legislation against honour killings. Do you think such a law is necessary?

No. The existing law is sufficient. However, it must be strictly enforced without compromise. While the government is willing to enforce the relevant Acts, society is not fully prepared to support this. When amendments were made to the SC/ST (Prevention of Atrocities) Act, a political leader got agitated over it. He was a representative of a particular community in civil society, yet he coined the term “Nadaga Kathal.” How can a political leader make such a statement? This demonstrates that he acts as a communal figure rather than a politician.

Ambedkar clearly stated that the Constitution promotes social equality, but Hindu religious texts and holy books emphasise the caste system and caste hierarchy. Hindus tend to follow their religious texts, with the Constitution being secondary. This is why Ambedkar argued that Constitutional morality is more important than the Constitution itself. It must be cultivated in the minds of the people.

There is a perception that Dalits are unsafe in the State, with even DMK allies and VCK leaders making such comments. How do you view this?

As an Ambedkarite and social activist for three decades, I find these views unjustifiable and dishonest. They seem to be political rhetoric with a hidden agenda. Furthermore, it raises a valid question: in which State are Dalits truly safe? According to NCRB data, the condition of Dalits in other states is no better than TN and is even worse in BJP-ruled states. This reflects the rise of right-wing forces that uphold caste-based discrimination and the caste system.

While there is undeniably much to be done in TN to protect Dalits’ rights, blaming the government, or any government for that matter, gives leverage to casteist forces and the ruling class to continue discriminating against Dalits. The government should not encourage caste-based matrimonial systems and caste-based organisations. It should bring a blanket ban on these kinds of activities.

There is an undeniable fact that oppressors also persecute people in their sub-castes. Dalits’ discrimination against Puthirai Vannar is one such case. How do you respond to such ground realities?

If it is a crime for upper castes to discriminate against Dalits, then it is an even greater crime for Dalits to discriminate against sub-castes like the Puthirai Vannars. It is entirely unjustifiable. As social reformer Thanthai Periyar stated, “If you want to be treated equally by upper castes, you must treat your sub-caste equally.”