A cataclysmic event that has rocked the Indian judiciary in present times is being trivialized by some extra sagacious intellectuals along caste lines.  While some have labeled the judge as ‘the ‘recalcitrant’ one, some others get yet another example to curse the Dalits for their ‘únruly’ behavior.

Now, I am not a law expert, nor am I a Dalit, but as a sensible citizen, I have been following the story quite closely.  The undaunted judge, to my mind, is a man of convictions despite all his unusual ways. And who will define what is wayward or unusual?

However, since my point of focus here is Justice Karnan and his wayward [??] ways, I would stick with that only.  If one goes through the whole case it becomes evident that the case against the judge is not a case against a recalcitrant judge but a case against a person who dared to challenge the absolute power wielded by the Supreme Court. Courts are sacrosanct in India and a word against them is not accorded any respect.  Here is a judge himself throwing the gauntlet at their face. And herein lies the problem.

When have we ever heard of a judge challenging his own system?  However, we have not heard even of a court order to examine the mental condition of a sitting judge. Have we? So, if the case is unusual it’s so from both the sides.

In a country where a Dalit identity is treated as a big question mark on your merit, I would say Justice  Karnan displayed amazing composure in responding to the CJI’s  jibe that all the 25,000 cases that  Karnan disposed of were dismissed. Quite a piquant comment to make and a mad man would certainly not respond with the quiet composure that Karnan evinced.

This case is yet another story waiting to be deconstructed and then we reach the moment of epiphany.

Here is a voice that can own up to his caste without any shame. You humiliate him for his caste, he will give it back precisely because of his caste.

As such Indian mindset to a Dalit has, for ages, been: You prove yourself human first and then prove your point. The man is not nervous at any point in time because he has the courage of his convictions. He certainly cannot be a lunatic or a weak who dares to name the corrupt in positions of power.

In a country where people are ready to justify even an IPS trainee’s public humiliation by a power drunk MLA just because the woman happens to be a Dalit; it is extremely important that the Dalits in the position of power speak up and speak out.

It should also be noted here that a Dalit reaches a position of power after struggling against a system that is all out to crush their very identity and then if cases like this happen and a Dalit is so blatantly victimized, hundred other Dalits fight shy of venting their mind in future. It is important therefore that all Karnans be accorded a patient hearing.

While the whole country is busy taking sides with the Dalit judge or the SC, a pertinent point has very conveniently been pushed under the carpet. We need to know what action has the government taken about those twenty corrupt judges that Justice Karnan named in his 23 January letter to the PM.

To me, Karnan is a man with a mettle whose gall to question the corruption rampant in his fraternity became is hamertia. Tej Bahadur Yadav of the BSF and Karnan of the judiciary stand on the same plank in that sense, both having been coerced to sacrifice in the name of ‘breach of protocol’. The protocol like an albatross hangs around the neck of every government employee and it gives some unwarranted impunity to people in advantageous positions. The rule seems to be this: Keep facing victimization silently. You raise your voice, you are accused of a breach of protocol.

Justice Karnan is a man with the much-needed spunk to call a spade a spade or if needs be even a shovel. Ambedkar was quite an unusual person for his time, and for many, he was no less than a mad man. It’s only today that we (not everybody) have realized, had it not been for that mad man India would have ceased to exist as a nation. In that sense, his claim to be the adopted son of Dr. B. R. Ambedkar is quite justified albeit with some exaggeration. The courage that Dalits need to oppose oppression has been seen in Karnan after quite a long time after that first crusader.

Author – Asha Choubey and Pradeep Kaimal

Dr. Asha Choubey is the HoD of the Dept. oF Humanities, MJP Rohilkhand University at Bareilly, U.P.

Pradeep Kaimal is an Energy journalist. Both of the authors have a keen interest in current affairs.

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