Supreme Court refuses to interfere with Centre’s advice to media to refrain from using the term Dalit

The Supreme Court today refused to entertain the challenge to the Constitutional validity of a circular issued by the Central government by which the media was “advised” to refrain from using the word ‘Dalit’ while referring to members of the Scheduled Caste.

The matter was heard by a Bench of Chief Justice of India Ranjan Gogoi and Justice Sanjiv Khanna.

Senior Advocate Kapil Sibal appeared for the petitioner.

The petition filed through advocate Sriram Parakkat by individuals and organisations working in the field of protection and promotion of the cause of Dalits, submitted that the circular is arbitrary, irrational, unreasonable, discriminatory and contrary to Articles 14, 15, 19 and 21 of the Constitution of India.

The circular dated August 7, 2018, which was issued by the Ministry of Information and Broadcasting pursuant to an order of the Bombay High Court dated June 6, 2018, states the following:

“It is accordingly advised that media may refrain from using the nomenclature “Dalit” while referring to members belonging to Scheduled Caste in compliance with the directions of the Hon’ble Bombay High Court and the Constitutional term ‘Scheduled Caste’ in English, and its appropriate translation in other national languages should alone be used for all official transaction, matters, dealings, certificates etc. for denoting the persons belonging to the Scheduled Castes notified in the Presidential Orders issued under Article 341 of the Constitution of India.”

The petitioners had submitted that the word “Dalit” is a self-chosen name, used as a “positive self-identifier and as a political identity”, to describe the pan-Indian community of all those who have been affected by the Caste System and the practice of untouchability for several centuries and thus deprived of social, economic, political and cultural rights.

The community considers the word ‘Dalit’ “an anchor for the movement for establishing a society based on liberty, equality and fraternity”. The word ‘Dalit’ is a very substantive part of the consciousness of this pan-Indian movement, and cannot be excised from it without causing great harm and damage to it, the petition stated.

In this background, the petitioners had contended that the impugned circular has no rational nexus to its ostensible objective.

“The ostensible reason/ rationale for the issuance of the impugned circular, seems to be prevent hurt and insult caused to people and communities by the reference to them as ‘Dalit’. However this is without any basis in any fact as it is a term embraced by the Community to describe itself.”

In any event, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, already contains provisions punishing the reference of a member of any of these communities by caste names and there is no need for further regulation in this regard as the said Act is an complete code in itself, the petitioners argued.

“This Impugned Circular seeks to circumvent the legislative mechanism that already exists for adjudication of such issues.”

It was the petitioners’ argument that the circular, by directing private channels not to use the term “Dalit”, creates a chilling effect on the use of the term by individuals for their self-determination and identity formation, and is therefore in violation of Article 19 of the Constitution of India.

Further, the circular violates the right of the Scheduled Castes to choice, personal autonomy, self-determination and expression of their own identity by encroaching upon the freedom of the individuals who wish to be referred to as “Dalits”. This, the petition argues amounts to a violation of Article 21.

While refusing to entertain the matter, the Court granted liberty to the petitioners to approach the appropriate authorities.