Hiran M Prakash, a Dalit lecturer at the Devaswom Board College Keezhoor in Kerala’s Kottayam district, had to fight for 10 months to get a chargesheet filed on his complaint filed in February 2022 against his college principal, CM Kusuman, a local Communist Party of India (Marxist) leader. The complaint cited charges under Sections 3 (1)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (intentionally insulting or intimidating with the intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe).
Though a chargesheet has to be filed within 90 days in such cases under this Act, the police only filed it on November 28, nine months later. Kusuman also represents the Purogamana Kala Sahitya Sangham, a progressive art, and literary collective. The chargesheet filed by AJ Thomas, Deputy Police Superintendent of Vaikom, says that in the enquiry it was proven that the accused had committed the offence.
The incident happened in February 2022 during an official meeting at the college. “One of our staff members was dismissed and we had raised an objection. The principal then called a meeting of the staff members. While he was giving an explanation about the issue, I started to note it down. Then he questioned what I was doing,” says Hiran. Following this, Hiran says Kusuman said, “You will do this, this is your manufacturing defect.” As per the chargesheet, there were 14 witnesses and all testified to hearing what the accused said.
“I knew that he was hinting at my caste, but to clarify I confronted him after the meeting saying it was not right to use the term ‘manufacturing defect’. I told him my family members had good education and held good jobs, and that I might not have a manufacturing defect. Even before I completed, he shouted ‘You don’t have to tell your family history, I know your family history. If I mention that here you will be ashamed.’ He said this in front of other staff members and everyone knew that he was referring to my caste,” says Hiran, who belongs to the Pulaya community that comes under the Scheduled Caste category.
After Hiran filed a complaint, an FIR was registered on February 15, but there was no further action. “I wrote to the Chief Minister (CM) about the delay in processing my complaint. I received a reply saying that the case was stayed by the High Court (HC). That is when I came to know that the accused had approached the HC. But the court did not actually stay the case; it was an interim order saying ‘no coercive action against the petitioner shall be taken until October 21, 2022’. There were no restrictions for investigation. In fact, the accused had misguided the CM’s office,” he says.
Hiran wrote again to the CM’s office citing all these facts and finally the chargesheet was filed in the District Sessions court (SC/ST Act), Kottayam. He alleged that It was due to the political influence of Kusuman that the procedure was delayed for so long. “The other staff members and all the witnesses stood by me. They were firm in their statements. But I was excluded from all other committees in the college by the principal. He tried his best to ban me from official duties,” Hiran says.
TNM tried to contact CM Kusuman, but he did not respond.