Archive for the ‘Dalit Legal Issues’ Category

Encyclopaedia of Dalits in India

Posted by samathain on May 16, 2009

Encyclopaedia of Dalits in India/edited by Sanjay Paswan and Pramanshi Jaideva. Delhi, Kalpaz, 2002, 14 Vols., 5489 p., (set). ISBN 81-7835-066-1.

“Dalits or the downtrodden have been referred to in history, as people, without history of their own, which certainly is untrue and illogical, notwithstanding the fact that they have been a marginalised lot in their own land, and treated as mere objects. Even scholars and academics have treated them as subjects for their research in social sciences, anthropology and philanthrophy. Hence there are very few objective studies or works of worth in this discipline.

“This research-based, extensive, comprehensive, authentic and analytical series is a merited endeavour in order to fill the gap. The Encyclopaedia is divided into thirteen volumes, in a logical and issue-based order, with almost all related and relevant issues covered, extensively. And that makes these volumes a must for all scholars and researchers, engaged in the areas concerned.” (jacket)

Contents: Vol. 1. General study: Preface. Introduction. 1. Through the ages. 2. In Hindu philosophy. 3. Religious life. 4. Social life. 5. Inter-caste relations. 6. Health and hygiene. 7. Economic life. 8. The emancipation. 9. Fruits of reservation. 10. Role of advantaged. 11. Ideology behind consciousness. 12. Constitutional safeguards. 13. Political life. 14. Conversions. 15. A common ideology for Dalits of Christianity and other faiths. 16. Scheduled castes constituencies: MPs and MLAs. Index.

Vol. 2. Struggle for self liberation: Preface. Introduction. 1. Ancient literature and the caste system. 2. Dalits: their experiences. 3. Atrocities committed by landlords. 4. Struggle for self liberation. 5. Uplift of the SCs: a human rights perspective. 6. Democracy and protection of Dalits. 7. Sociological aspect of the Dalit movement. 8. Economic policies and the Dalits. 9. The outcomes of social mobility. 10. Mobilising the NHRC against untouchability and regulating food rights. Index.

Vol. 3. Movements: Preface. Introduction. 1. History and background. 2. Bhakti movements for change: Chokhamela and Eknath. 3. Mahar and non-Brahman movements of nineteenth century. 4. Mahatma Phule: the pioneer. 5. Socio-religious reform movements. 6. The Dravidian movement. 7. Ambedkar’s role. 8. Gandhi and Dalits. 9. Post Ambedkar development and Dalit Panther movement. 10. Kanshi Ram’s movement. Index.

Vol. 4. Leaders: Preface. Introduction. 1. Jotirao Govindrao Phule : first leader of Dalits. 2. B.R. Ambedkar: Messiah of Dalits. 3. Jagjivan Ram: Champion of Dalits—post Ambedkar. 4. Ram Vilas Paswan. 5. Mayawati. 6. Other prominent leaders. 7. Shri K.R. Narayanan. 8. More Dalit leaders. Index.

Vol. 5. Reservation: Preface. Introduction. 1. The constitution and reservation policy. 2. Identification of backward classes and constitutional provisions. 3. Public opinion on reservation policy. 4. Protective discrimination policy: programmes and issues. 5. Success and failure in implementation of protective discrimination. 6. Reservation policy: benefits accruing. 7. Reservation policy and anti-reservation stirs. 8. The role of scheduled caste elites. 9. Education of children of SCs and constitutional benefits. 10. Reservation and its consequences. 11. Jurisprudential foundation. 12. Parliamentary debate. 13. Distribution of scheduled castes population by sex state/districtwise. Index.

Vol. 6. Constitution: Preface. Introduction.1. Relevant provisions of the constitution. 2. Various provisions relating to the SCs and STs. 3. Special provisions concerning certain classes. 4. Distribution of Indian population by caste and religious groups. 5. Lists of scheduled castes and scheduled tribes. 6. The scheduled castes and scheduled tribes orders (amendment) act, 1976. 7. The specified scheduled areas in different states. 8. Temporary and transitional and special provisions. 9. Awareness of statutory privileges among SCs and STs. 10. Various safeguards for SCs and STs. 11. Various relaxations and concessions for SCs and STs candidates. 12. Procedure for filling reserved vacancies. 13. Carrying forward and exchange of reservations between SCs and STs. 14. Promotions: reservations and concessions. 15. The scheduled castes and scheduled tribes (prevention of atrocities) act, 1989. 16. Distribution of scheduled castes population by sex. Index.

Vol. 7. Social justice: Preface. Introduction. 1. Social injustice. 2. Untouchability and society. 3. Position of untouchables. 4. Myth or reality. 5. Removal of untouchability. 6. Protection of civil rights. 7. Disabling the disabilities. 8. Advancement of the cause. 9. The unfinished task. Index.

Vol. 8. Emancipation and empowerment: Preface. Introduction. 1. An overview. 2. Ex-scheduled castes of south India. 3. Contemporary issues. 4. Dalit Theology. 5. Caste influences in rural India. 6. Economic conditions. 7. Privileges other than reservations. 8. Social and educational problems. 9. Privileges in the field of education. 10. The drop-out Dilemma. 11. Scheduled castes: industrial workers. Index.

Vol. 9. Women: Preface. Introduction. 1. An overview. 2. Issues and problems. 3. Dalitism and womanhood. 4. The contemporary scenario. 5. The emancipation. 6. The last among Dalits. 7. Problems and remedies. 8. Socio-cultural mobility. 9. Changing status. 10. The human response. 11. Religious fundamentalism. 12. Social condition. 13. Social development. 14. Social status. 15. Wealth factor. 16. Women’s movements. 17. Marital status of scheduled castes women. Index.

Vol. 10. Education: Preface. Introduction. 1. Identification of Dalits. 2. Education of Dalits in India: an historical overview. 3. Schooling system and Dalit children. 4. Dalit education and state responsibility. 5. Education and identity formation. 6. Debate: development and Dalit society. 7. Socio-cultural values and Dalit in higher education. 8. Social policy and social transformation. 9. Scheduled castes: educational level. Index.

Vol. 11. Literature: Preface. Introduction. 1. Dalit: a new cultural perspective. 2. Past, future and the new poetry of ‘untouchables’. 3. The Dalit Folklore: the three beliefs. 4. Select pieces of Dalit poetry. 5. Select extracts from Dalit prose. 6. Significant readings. Index.

Vol. 12. Human rights: problems and perspectives: Preface. Introduction. 1. Human rights and Dalits. 2. Reservation of seats for the Scheduled Castes and Scheduled Tribes in the house of the people. 3. Constitutional provisions. 4. Democratic rights of the Dalits. 5. The protection of Civil Rights Act, 1995. 6. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 7. Post-partition violation of the democratic rights. 8. Prevention of atrocities and civil rights of the Dalits. 9. Constitutional identification of Dalits. Index.

Vol. 13. Human rights: role of police and judiciary: Preface. Introduction. 1. Dalit recognition in round table conferences. 2. Demand for Dalit rights under Dalit leadership. 3. Police, law and atrocities. 4. The law of equality and untouchability. 5. Untouchability and the law. 6. Backwardness and its legal solution. 7. Judicial action for social identification. 8. Some important judgements. Index.

Vol. 14. Human rights: new dimensions in Dalit problems: Preface. Introduction. 1. Social discrimination and Dalit identification in pre-independence India. 2. Welfare policy and institutional structure. 3. Evolution of new identity. 4. Impact of constitutional measures. 5. A legitimate act for Dalit liberation. 6. Socio-religious practices and protection. 7. Dalit women in changing society. 8. The ideological nature of Dalit consciousness. 9. The policy of oppression. 10. Social mobility and social conflict. Index.

This book is available from:
Vedams eBooks (P) Ltd.
Vardhaman Charve Plaza IV,
Building # 9, K.P Block, Pitampura,
New Delhi 110 034, India
Fax: 91-11-27310613
e-mail: vedams@vedamsbooks.com

Posted in Dalit Books, Dalit Issues, Dalit Legal Issues, Dalit Media, Education Issues, Human Rights | Tagged: Dalit, Dalit Books, Dalit Issues, Dalit Literature, Dalit Media, india | 1 Comment »

SC: Reservation not a matter of right

Posted by samathain on April 22, 2009

Source: Indian Law news

SC: Reservation not a matter of right
4/19/2009

The Supreme Court has ruled that no citizen of India can claim
reservation either in jobs or in admission to educational institutions
as a matter of right and reservation cannot be given at the cost of
efficiency in administration and governance as per Article 335 of the
Constitution.

A bench comprising Justices S B Sinha and Cyriac Joseph in their
judgments also said the reservation is a concession given to
disadvantaged class of people as per Article 15 and 16 of the
Constitution but the concession can be given in line with Article 335
of the Constitution which lays down that efficiency in administration
and governance can not be lost sight of.

The apex court also held the ‘reservation of women and handicapped
people and others is on a horizontal basis.

Reservation to this category of candidates has to be given
irrespective of class or category. Ultimately, the constitutional
scheme is to select candidates who would be able to serve society and
discharge the functions attached to the office. Vacancies are not
filled up by way of charity.

Emphasis has been laid innumerable times on selecting candidates or
students based upon their merit in each category.

The disadvantaged group or socially backward people may not be able to
compete with the open category people but that would not mean they
would not be able to pass the basic minimum criteria laid down
therefore.’ The apex court further noticed, ‘The Constitution lays
down both for protective discrimination as also affirmative action.

Reservations of posts for the disadvantaged class of people as also
seats in educational institutions are provided for by Articles 15 and
16 of the Constitution.

Reservations made for the members of Scheduled Class (SC)/ Scheduled
Tribe (ST) and Other Backward Classes (OBC’s), however, is subject to
Article 335 of the Constitution. Concernedly, no citizen of India can
claim reservation as a matter of right. The provisions contained in
Article 15 and 16 of the Constitution are merely enabling provisions.
No writ of or in the nature of mandamus (positive directions) thus
could be issued.’ Justice Sinha writing a thirty-five page judgment of
the bench, allowed the appeal of Andhra Pradesh Public Service
Commission against the judgment of the AP High Court dated July 23,
2008 holding that reservation to SC/ST’s and OBC’s should be provided
from the preliminary stage during recruitment in state services in
group one and two categories.

Posted in Dalit Issues, Dalit Legal Issues, Education Issues, Recent News, Reservations | Tagged: affirmative action, Dalit, india, Reservations | 5 Comments »

SC/ST Reservation Bill – A discussion

Posted by samathain on March 4, 2009

Controversial SC/ST Reservation Bill 2008 sought to remove reservation for SC/ST faculty in 47 institutes. Thanks to the protest by dalit organisations and many MPs, discriminatory clauses from the act were amended. This raises the important question of why media was not aware of what was coming ? There should have been sufficient discussion before trying to pass the bill. Who authored the bill ? Why it was sought to be passed within 18 minutes. Bill actually violated constitution. Who did the legal review ? These thoughts are disturbing. We would like answers for the above.

On the positive note, dalit MPs managed to get the discriminatory clauses removed through amendment. Thanks to upcoming Lok Sabha elections, nobody is ready to oppose this. BSP MPs were instrumental in stalling the bill.

Related links on this bill :

SC/ST Bill as passed originally in Rajya Sabha

Tabular Amendment 1 to the Bill

Tabular amendment 2 to the Bill

Suggested IIT Reservation

IIT SC/ST Bill

IIT Reservation extract

All the below discussions are from Dalit Conference .

Source: Karthik Navayan

*SC/ST Reservation Bill-2008 – An instrument to make Institute of National Importance to Peethas of Sankracharyas*

*Existing Policy in Central Universities and IITs: *SC/ST reservation is applicable to all teaching posts in Central Universities and deemed Universities [MHRD Order 6-30/2005 U-5 dated 06.12.2005] and to Assistant Professors in IITs.**

*SC/ST Reservation Bill-2008: *No reservation for SC/ST in teaching posts in higher education (section-4), i.e. end of the above existing policy. * *

*Consequences: *One day Govt. of India will declare the Parliament an Institute of National Importance and therefore no SC/ST MP. One day Govt. of India will declare the Primary Schools an Institute of National Importance and therefore no SC/ST teacher in School. * * * *

*Demand: *Remove the section 4 from the Bill. We want representation only, not relaxation. So, plz oppose the Bill in Lok Sabha.

Source: Lalith Khandare

The proposed features like section 4 under ‘The Scheduled Castes and Scheduled Tribes (Reservation in Posts and Services) Bill 2008′. According to Art 16

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State..

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

If central government wants to enact a law to discriminate SC/ST faculties in public institutions, government needs to amend the Art.15, Art 16 and all other basic structure of Constitution. Such amendment is not possible under the constitutional law of the Indian nation.

Article 13

(2) provides for the protection of the fundamental rights of the citizen and change the basic structure of the constitution. Parliament and the state legislatures are clearly prohibited from making laws that may take away or abridge the fundamental rights guaranteed to the citizen. According to Article 32 of the Constitution of India (COI), a Writ of mandamus can be issued by Supreme Court or High Court to the Central Government..

Please see 1,2,3, and 4 points I added (PFA) in appeal. Send this appeal to Chief Justice of India and parliamentarians

People in Delhi please seek help of constitutional expert…

Source: Lalith Khandare

Thank you all those who are putting their efforts for protesting against violation of our fundamental rights.

1. Why should this bill be placed in Loksabha when it is unconstitutional (see my email below and also the attachments), please seek opinion of constitutional expert on this.

According to Article 32 of the Constitution of India (COI), a Writ of mandamus can be issued by Supreme Court or High Court to the Central Government.

An advocate can file a petition for write with Supreme Court; number of legal petitions can be as many as possible. But there should be a strong advocate like advocate like Ram Jethmalani, Harish Salve or someone who has background of successful cases for SC/ST/OBC rights.

2. All students and faculties and all others please join this protest in your institutions and also

..I got this email from pardeep attri <pardeepattri@yahoo.co.in>

PROTEST AGAINST ACADEMIC UNTOUCHABILITY- Join the protest against the unconstitutional clauses in the Scheduled Castes and Scheduled Tribes (Reservation in Posts and Services) Bill 2008 that denies reservation to SC/STs Faculties in institutions of “national importance and excellence” at Jantar Mantar, Delhi on 4th February 2009

3. Nationwide organizational Federation of SC/ST faculties(longterm) – organize locally, statewise, and nationally. May be you send your contact details to Subhash Arya at aryasubh@gmail.com .

Also Rahul Gedam (rahul_k_gedam@yahoo.com), Shalini Ghodke <shalini_tech@yahoo.com>; can help to develop this database.

- Members on this forum, can contact faculties whosoever they know or at least faculties from their region or cities, to make them aware about this issue, get them connected at one places,

4. Friends you or your organization (Faculty Unions, etc) can edit this appeal(PFA) and give this appeal to your MP from you constituency by hand/fax/email/post or any other means.

If you are meeting/sending letters the MPs or representatives, possibly meet/send letters as an organization….

PMO http://www.sarkaritel.com/com/pmo.htm President http://www.sarkaritel.com/president/index.htm Ministers http://www.sarkaritel.com/com/index.htm Loksabha http://www.sarkaritel.com/parliament/lok_sabha/index.htm Rajsabha http://www.sarkaritel.com/parliament/rajya_sabha/index.htm

Source: Lalith Khandare

As a part of NAL’s Golden Jubilee Celebrations, a National Conference on Scientific Achievements of SC/ST Scientists and Technologists has been organized. The prime objective of the conference is to provide a platform for recognizing the noteworthy, important and outstanding contributions of SC/ST scientists and technologists in their fields of specialization towards the overall development of the technology base of the country and of the society in general.

Join the celebration….

http://www.nal.res.in/nal50/ncscst/

There no concept of “Non-meritorious”.

Even Kalpana Chavala(a celebrated austronaut) was given opportunity under affirmative action policy, and she could not do her job well. Her higher posting was criticized by anti-afirmative action groups in USA.

Coming back to reservation in higher educational institutes…..

Any lawyer or non-lawyer or NGO can file a PIL(Public Interest Litigation-Art32 of Constitution of India). This is especially meant for cause of disadvantaged sections to protect fundamental rights, but it is hardly being used by us.

http://www.amitu.com/blog/2007/august/how-file-pil-india/

http://www.ngosindia.com/resources/pil.php http://www.articlesbase.com/national,-state,-local-articles/know-about-writ-to-protect-your-fundamental-rights-562688.html For lawyers – a writ format http://www.supremecourtofindia.nic.in/formats/writ%20format.pdf 1. Justice Mr. Balakrishnan Chief Justice of India Through the Office of the Registrar General Supreme Court of India 1 Tilak Marg, New Delhi INDIA Fax: 91 11 23383792 Email: supremecourt@nic.in Mr. Somnath Chatterjee, Speaker 17, Parliament House, New Delhi-110001 Tels. (011) 23017795, 23017914, Fax. (011) 23792927 Email : speakerloksabha@sansad.nic.in somnath@sansad.nic.in lokmail@sansad.nic.in Parliament Committee on Welfare of SC/ST http://164.100.47.134/newls/percompmember.aspx?comcode=2

Source: KP Singh

Dear All, Jai Bheem! This is in reference to the ongoing discussion on reservation bill passed in Rajya Sabha on December 23^rd 2008. Before we jump to any conclusion, we must go through the facts so that we could find an appropriate solution without wasting too much energy in rhetoric and bashing. The present bill has both- the merits as well as de-merits.

Merits: Prior this bill, we had no punitive clauses within the legal framework to punish the people who used the fake caste certificates, did not fill the reserved vacancies, or simply de-reserved the positions to benefit general castes etc. But now they will not be able to do so as law is going to be enacted to punish such culprits.

De-merits: This bill excludes our upcoming generations in all so called institutions of excellence or technical institutions. For this NO-ONE is to be blamed except our members of parliament in Rajya Sabha who did not even care to read or go through this and let it passed. Some say there few bills passed in 18 minutes on the last day of session and this was one of them. They did not get an opportunity look at it. Well, this is not an excuse. Thanks to the less cooperative media which brought this news and highlighted the gravity of problem. All members of Parliament in both houses are supposed to be vigilant when it comes to protect Dalits rights.

What we are doing now? As soon as the news was out, I and Professor Ramesh Chandra went to the National Commission of Scheduled Castes. Dr. Buta Singh, Chairman of NCSC was equally disturbed. However, Dr. Buta Singh immediately called an emergency meeting of commission members. We were also the participants. Dr. Buta Singh made conference calls to Mrs. Meira Kumar, Minister for Social Justice, Mr. Ram Vilas Paswan, and Minister for Steel, Professor B.L. Mungekar, Prof. S.K. Thorat and others. In the evening, I and Professor Chandra went to Mr. Paswan’s house where Professor Mungekar and P.S. Krishnan also joined. After brainstorming sessions, Professor Mungekar went to Arjun Singh for further protest and explanation. Later in the night we all met at Prof. Mungekar’s residence. It was decided that Professor Mungekar would draft an amendment to this bill and Mr. Paswan shall move bill for amendment in the Lok Sabha in upcoming session. Today a huge demonstration was being organized at the Janatar Mantar-Delhi by the Dalit professors from Delhi University to protest against the bill. I am attaching the copy of original bill for your references. Please go through carefully and let us know about expert opinion so that we could debate and have them included in the amended bill. Make sure your suggestions rationally suitable in a legal framework.

With best wishes Sincerely, Dr. KP Singh

Link to Attachment

Source: Arun Kumar I would like to congratulate and thank you for your efforts to rectify the mistake done by our politicians. I was baffled to read about this reservation bill. This is the same government which was talking about giving reservation to SC/STs in the private sector and made a big issue at the time of last election. Now they are the same people who have come up with the idea to exclude 47 Institutions of excellence for reservation. I blame all our people for this fiasco. We built up a momentum for empowerment of our people in the private sector during the International Dalit Conference held in Vancouver but unfortunately couldn’t sustain that momentum. Today nobody is talking about our fare share in the private sector. That is why so called upper caste nexus comes up with these ideas on the name of quality and efficiency. I am happy that academicians are demonstrating against this bill but we need to turn it into a mass movement. I request all Dalit brothers and sisters to come together and protest against this bill. BAMCEF can play a major role to mobilise the general public. Dr. Singh, Prof. Mungekar Prof. Thorat,Prof. Ramesh Chandra and others, you all are doing a marvellous work to bring an amendment in the bill and we wish you all the success. If anything we can do, please let us know.

Original Article about the Bill in Deccan Herald

Source: Ambrose Pinto

Article that appeared in Deccan Herald, 6th February 2009

IN PERSPECTIVE

Reservation for Dalits in varsities

By Ambrose Pinto



Dalits feel that while political reservation is extended easily, there is resistance in education.

The Indian Institutes of Technology (IITs) have finally managed to get the Human Resource Development Ministry to drop its proposal to reserve posts for SCs, STs and OBCs in faculty recruitment. The faculty had vehemently opposed the circular of the Government of India, which reserved teaching posts in Central Universities and Deemed Universities for SCs/STs and assistant professors in IITs. The present bill titled “SC/ST Reservation Bill-2008”, removes reserving teaching posts for SCs/STs in the above institutions. The Scheduled Castes and the Scheduled Tribes (Reservation in Posts and Services) Bill, 2008 moved by the Department of Personnel and Training in the Rajya Sabha in December 2008 has listed IITs among institutes of national importance which can be exempted from reservation of posts. The 47 institutes that will skip faculty reservation once the legislation gets Parliamentary approval include the seven older IITs, the seven IIMs, Aligarh Muslim University, Allahabad University and AIIMS. Also excluded from the faculty reservation ambit are 19 National Institutes of Technology (NITs), Jawaharlal Institute of Post Graduate Medical Education and Research, Banaras Hindu University, Delhi University, Post Graduate Institute of Medical Education and Research in Chandigarh, Visva Bharati in West Bengal, Victoria Memorial, National Library, Indian Museum — all in Kolkata, and the Indian War Memorial in New Delhi. The legislation is pending Parliamentary approval and exempts institutes of excellence from reserving posts and the IITs are among these. The Dalit groups are up in arms against the order. There are three types of reservation in the Constitution for SCs/STs. The one considered most important is political reservation. The other two are reservations in educational institutions and employment opportunities. After every 10 years, the political reservation gets extended by amending Article 330 and 332. Through political reservation 119 members of the SC/ST community get elected to the Parliament and 1050 MLAs get elected to the state legislatures. Invariably, political reservation gets fully implemented while there has been resistance for the implementation of reservation in services and education. There are questions being raised by members of the Dalit community for the easy extension of political reservation and the reluctance to extend other kinds of reservation. They opine though there is no strong demand from society to extend political reservation, it is always extended without much pressure for it creates stooges, who can dance to the tunes of the political masters in different parties. The other issue about SC/ST reservations is that there are several constitutional provisions for reservations but hardly any executive orders with provision of punishment for non-implemention. There are various examples on how reservations have been sabotaged. Previously there was a vacancy-based roster, which benefited SC/ST/OBCs. In this system whatever the posts may be, they were divided as per reservation percentage meant for SC/ST/OBC and General. The system has changed into post-based roster system. In this system every post is assigned to particular category and for getting one SC seat, there should be at least eight seats of employment. Among eight seats, the seventh will be given to SC category and 13th one to ST category. If there are less than seven appointments at a time, not a single one is given to SCs/STs. The Dalits think that this is a conspiracy. Previously all the seven seats were distributed among SCs/ STs/OBCs and General group. But by this new roster system only general candidates benefit. Single post reservation has also been cancelled. The argument of the anti-reservationists have been that there are no candidates and the available candidates are not suitable. Dalits can fight their battle by filing a case in the Supreme Court, a decision the section of the Dalits have yet to arrive at. The second one is not to allow the bill to pass through the Lok Sabha. The other is what Ambedkar had instructed them, “My final words of advice to you are educate, agitate and organise. With justice on our side I do not see how we can loose our battle…For ours is a battle not for wealth or for power. It is battle for freedom. It is the battle of reclamation of human personality.” It will depend on the choice Dalits make. (The writer is principal of St Joseph’s College, B’lore.)

Source: F H Jakkappanavar

I have been reading all your outbursts regarding the SCHEDULED CASTES AND SCHEDULED TRIBES ( Reservation in posts and services ) Bill 2008. The facts remain to be seen that we are not the openion makers and we simply allege as some one is responsible. Let us not blame MPs or MLAs of our community. Ultimately, we need their voice in Lokasabha to get our interest protected. What we need is, some one in Delhi take a lead to collect few MPs of our community, arrange them Lunch/Dinner and hand over them what we need modifications in the Bill. As I have been in the Labour movement, to my mind following suggestations would full fill our requirments. Let there be clarity that reservation for SC/ST is there in the matter of direct recruitment without restricting it lowest grade of Group A posts. It is against Article 16 (4A). Further, let there be spoken provision to provide reservation for SC/St in the matter of promotion upto any category or cadre where the promotions are made on the basis of seniority cum fitness. 1. Section 4 (iii) and (iv) need to be deleted 2. Section 4 (2) needs corrections- No institution under the control of Union Government and State Governments shall be excluded for not applying the rule of reservation. 3. Section 5 needs some corrections: There shall not restriction of pay or posts( Director in the Central Secretariat service) and seniority of all fit shall be prepared including the fit SC/ST who are senior enough to extend them this benefit which is called as ZONE OF CONSIDERATION. 4. Section 15: Delete the SUBJECT TO THE AVAILABILITY OF FINANCE AND OTHER RESOURSES 5.Section 16,17 & 18: The violators shall be booked under the Scheduled Caste and Scheduled Tribe ( Preventio of Atrocities) Act 1989 and Rules 1995 Still more store is there in my mind- Let us have open debate that reaches the Desk of Parliament

Source: muniappa swamy

As I have already received sms from TM-GupShup (earlierly JAYBUDHDHA), it is learnt that Parliamentary affairs Minister has announced in Loksabha on 19.02.2009, to remove 4 I, II, III, IV & 4-2, 4(3) etc. of reservation bill 2008. Is this news is reliable. Then it is a good achievement. Let us thank our MPs who raised voice, our intellectual brothern who thought over the issue and educated all.

More over, F.H. Jakkappanavar,s suggestions are good. I request, Jakkappanavar to visit Delhi and meet and talk with the people.

Muniyappa Narayana swamy

Source: SM Wasnik

Govt may consider amendments to SC/ST Bill Wed, Feb 18 02:51 AM After objections from the National SC Commission and some Dalit MPs to certain provisions in the Scheduled Castes and the Scheduled Tribes (Reservation in posts and services) Bill, the Government on Tuesday indicated its willingness to look into their apprehensions when the Bill comes up before the Lok Sabha. Close on the heels of National SC Commission chief Buta Singh expressing reservations over the Bill, which was passed by the Rajya Sabha two months ago, CPI MP D Raja took up the issue with Social Justice Minister Meira Kumar at an informal meeting called by Lok Sabha Deputy Speaker Charanjit Singh Atwal. Raja’s basic objections, as that of Singh’s, are that the Bill exempts 47 national institutes, including IITs and IIMs, from reservations and stipulates that there shall be no reservation to posts qualified as scientific or technical posts. Besides Kumar, Union Ministers Sushil Kumar Shinde and Ram Vilas Paswan and MPs R K Naik and Ramdas Athawale also attended the meeting. “The National Common Minimum Programme of the UPA had mentioned reservation in the private sector and an intention to codify into law all reservation. And now they have taken away the existing reservation. The Bill in its present form is not acceptable,” Raja told The Indian Express. Sources said the Left parties would move amendments to the Bill when it comes up before the Lok Sabha and the Government is open to considering them.

Source: Giridhar Gajabe

Thank you for spreading the messages about the reservation bill 2008, The Section 4(1)(iv) is more imp. than the reservation to the 47 institutions of the national importance. The list may be increased or decreased as per the provision, but setion 4(1)(iv) will abolish the existing provision of the reservation to the post higher than the lowest rank of group ‘A’ to be filled by direct recruitment. The 85th Constitutional ammendment can also be violated with this provision. There are other provisions, which are also needs to be ammended. I have forwarded memorandum to the Hon’ble President of India and the MPs.

Source: Krishnan Madappa

This draconian bill be opposed with tooth and nail.

The curtailment of reservation in scientific and technical jobs is nothing but a national shame to declare the oborginal are not fit for such jobs. Had US people had guts to say that Obama IS not fit for US President ????.

All scientific ,technical and super computer related jobs can be done by any human who is provided with such education.

The entire dalit community should stand by with our Nationl commission Chairman, Shri.Buta Singhji, Paswanji, D.K.Raja ji, and all our Leaders MPs and MLAs in our fight against the Black bill onSC/ST.

Source: Times Of India

Maya stalled the reservation bill

LUCKNOW: Chief minister Mayawati on Friday patted her back for opposing the controversial Scheduled Castes and Scheduled Tribes (reservation in

posts and services) bill 2008, which she claimed eventually forced the union government to withdraw the proposed legislation.

The bill was to relax reservation rules for appointment of teachers in premier institutes like IITs. However, the CM described it as anti-Dalit and slammed all the political parties for not raising a voice against the bill. She said that it was because of BSP’s opposition, both inside and outside the Parliament, which stopped the government from getting the bill passed in a hushed manner.

Mayawati also said that her party MPs had requested LS Speaker Somnath Chaterjee to stop the bill from being passed as it was against the spirit of the Constitution which provided reservation to Dalits in government jobs and services. However, the Speaker did not pay attention to the demand, forcing BSP MPs to protest in the house, which led to adjournment and ultimately foiled the bid to get the legislation passed in a clandestine manner.

Meanwhile, state president of BSP in a statement slammed SP chief Mulayam Singh Yadav for criticising the government for spending money on constructing parks and statues. He said that no development work had been adversely affected by construction of parks and statutes.

Posted in Current Affairs, Dalit Legal Issues, Education Issues, Reservations | Tagged: affirmative action, Dalit, india, india news, reservation | 5 Comments »

Dangerous Chhattisgarh Special Public Security Act & its victim

Posted by samathain on November 13, 2008

This law of sedition seems to be against the spirit of constitution. I wonder if Supereme Court would allow this. Its time to file a PIL in the apex court. Any lawyers, activists or students of law listening ?

Source: Frontline

A law and its victim

AJOY ASHIRWAD MAHAPRASHASTA

The detention for 90 days of a film-maker under the Chhattisgarh Special Public Security Act points to the law’s dangerous nature.

PHOTOGRAPHS: WWW.RELEASEAJAYTG.IN

A poster of the Committee For The Release Of Ajay TG, which was formed to campaign against the arrest.

“I DO not ask for mercy. Section 124(A), under which I am happily charged, is perhaps the prince among the political sections of the Indian Penal Code [IPC] designed to suppress the liberty of the citizen. Affection cannot be manufactured or regulated by law. If one has no affection for a person or system, one should be free to give the fullest expression to his disaffection, so long as he does not contemplate, promote, or incite violence,” said Mahatma Gandhi during his trial after his arrest during the Non-Cooperation Movement.

The Mahatma’s address to the jury was, perhaps, the most revealing description of the political impasse created then by a piece of British legislation. Section 124 of the IPC, framed by the British, continues to remain in force. This section, which describes “sedition”, says, “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.” The expression “disaffection” includes disloyalty and all feelings of enmity.

Sixty-one years after India managed to break away from the British colonisers, the dreaded impasse seems to persist in the State of Chhattisgarh. On May 5, Ajay Thachhappully Gangadharan, an independent documentary film-maker and a freelance journalist, was arrested by the Chhattisgarh Police and sent to jail on allegations of association with the Communist Party of India (Maoist), an unlawful organisation, and sedition.

He was kept behind bars for three months. The Chhattisgarh Police, investigating the case, failed to file a charge-sheet against him within the mandatory period of 90 days. Ajay was, therefore, granted statutory bail by the Durg District Court and released from prison on August 5. Despite finding no evidence against him, the police have not closed the case. The bail order required Ajay to present a personal bond of Rs.50,000, two sureties of Rs.25,000 each, and an affidavit with a list of his movable and immovable property, and appear at the local police station on the second Monday of every month. The bail also denied him the right to travel outside India without the court’s permission.

Public support

Ajay Thachhappully Gangadharam and wife Shobha with pupils and teachers of the school that they started in a slum cluster of Bhilai.

A committee for the release of Ajay was formed after his arrest. It includes names such as playwright Habib Tanvir, social activists Aruna Roy, Harsh Mander, Sudhir Patnaik and Banwari Lal Sharma, academic Kamal Mitra Chenoy, law researcher Usha Ramanathan, journalist Siddharth Varadarajan, and film-makers Ranjan Palit and Amar Kanwar.

The committee has been organising shows and public meetings all over India to sensitise people, not just about Ajay’s case but also about the draconian impact of the Chhattisgarh Special Public Security Act, 2006 (CSPSA), and Section 124(A) of the IPC. Several petitions condemning Ajay’s arrest have been subsequently filed by the People’s Union of Civil Liberties (PUCL), the People’s Union for Democratic Rights (PUDR), some film-makers and Amnesty International.

Amnesty International says, “We have reason to believe that the charges against Ajay are politically motivated. Ajay has been actively engaged since 2004 in documentation of human rights violations as part of the PUCL’s ongoing efforts to protect the rights of Adivasi communities in the face of escalating violence in the Bastar-Dantewada area of Chhattisgarh between banned Maoists and Salwa Judum, an armed anti-Maoist militia campaign widely regarded as supported by the State government.”

Historians such as Ramachandra Guha have also voiced their support. “I know Ajay and can attest, as a mutual friend puts it, that for all forms of violence he has a deep and abiding distaste,” Guha says. The CSPSA, under which Ajay was arrested, contains a broad definition of what constitutes an unlawful activity (Section 2), which can be invoked to clamp down on the freedom of expression and the rights of journalists.

Punishment of up to seven years’ imprisonment is prescribed under the law for uttering words, or writing or making visual representations that create “risk or danger for public order, peace or public tranquillity” (Section 8).

Moreover, any organisation can be declared unlawful by issuing a government notification. But Usha Ramanathan says that although the government is obliged to specify the reasons for declaring an organisation unlawful, it may dispense with that requirement if, in its opinion, that is against the public interest to do so (Sections 2 and 3). She adds that the Act gives the powers to notify and take possession of the places and the property used for the purpose of “unlawful activities” (Sections 9, 10 and 11).

The Chhattisgarh Police picked up 42-year-old Ajay on May 5 on charges of “being part of an urban network of naxals”. The Director-General of Police of Chhattisgarh Vishwa Ranjan told a national magazine that the police had recovered a letter written by Ajay addressed to the spokesperson of the Maoists saying “either return the camera I gave you or pay me in place of that”. “The incriminating element is ‘I gave you’,” Ranjan asserted. He admitted that there was nothing that directly implicated Ajay but added that “under the law, one cannot have any contact or commerce with members of a banned organisation.”

The letter, written by Ajay, was recovered from the house of Malti Rao, the wife of Gudsa Husendi, the Maoists’ spokesperson, after the police claimed they “busted the naxalite racket” on January 21. Ajay was under the police scanner since then.

Ajay’s wife, Shobha, said that on January 22, three policemen came to their Ayyappa Nagar house at eight in the morning. They searched the house and took away Ajay’s computer and other belongings such as his camera manuals, research material and the master tapes of his films, which are still with the police. The police also showed him the letter recovered from Malti Rao.

Ajay admitted that he had written the letter but had also told the police the circumstances under which it had been drafted. Ajay told Frontline that in April 2004, while he was filming in Bastar in Chhattisgarh, an armed Maoist squad threatened and detained him. They had, then, taken away the camera from him. The letter, he said, was to tell them to return his camera as he could not afford another one to start working again. It is important to note that the Act under which Ajay is charged came into existence in April 2006, while the letter is supposed to have been written in 2004.

The film-maker at a public meeting of Adivasis. Recently, he made films on the lives of working women in Chhattisgarh, the police attack on Hero Honda workers in Haryana, and the work of Dr. Binayak Sen.

The police, however, are convinced that Ajay’s arrest is not linked to the 2004 incident. While emphasising this is a “totally different case”, they have overlooked a vital detail. The letter is undated. So while the police may want to believe Ajay wrote the letter much after the 2004 incident, they cannot negate the possibility that it was written as a sequel to the incident that took place two years before the CSPSA came into force.

But none of this counts as a slip-up for the police. Running contrary to the very spirit of fundamental rights, the CSPSA authorises the police to arrest anyone with political leanings or associations that question state policies. Ajay, a State executive member of the PUCL, is the second PUCL member to be arrested. The first, famously, was Dr. Binayak Sen, who was arrested on May 14, 2007.

Ajay and Shobha live with their 20-month-old son in Bhilai, Chhattisgarh. Ajay grew up in a joint family that migrated from Kerala. His uncle came to Bhilai in 1959 to set up a tea shop near the steel plant. Eventually, Ajay had to leave school and work.

A chance encounter with Jonathan Parry, the well known anthropologist from the London School of Economics who was in Bhilai for a research project, was the turning point in Ajay’s life. He became Parry’s research assistant and developed a keen interest in the history and life of Chhattisgarhi people.

After learning basic film-making skills, Ajay and Shobha made films about social issues and over the years acquired a camera, microphones, cables and an editing computer. Ajay’s concerns led him to becoming a member of the All India Youth Federation, the wing of the Communist Party of India (CPI), and the State convener of the Campaign Against Child Labour.

The couple later opened a school for 25 poor girls in a slum cluster of Bhilai. Meanwhile, in his documentaries, Ajay began exploring the issues of migration and human rights. He became a voluntary member of the PUCL.

His recent films, made before he was arrested, were about the March 8 Women’s Day celebrations and the lives of working women in Chhattisgarh, the police attack on Hero Honda workers in Gurgaon in Haryana, and on the work of Dr. Binayak Sen. Ajay was also a strong opponent of Salwa Judum, the state-run programme to counter Maoists in Chhattisgarh. Salwa Judum has been criticised by many political and civil society organisations for violating human rights through its alleged state-sponsored violence.

Draconian definition

Ajay is still an accused under Section 124(A) of the IPC and under the CSPSA. According to Vrinda Grover, a lawyer, the definition of the Act and the section suggests that if the state finds the views of anybody – film-makers, journalists, writers, actors, academics, social activists – even mildly critical of the government, they can be targeted. “Such acts create a situation where the police will have to do less investigation and even a person with a tendency to interfere with the personnel of the state can be booked under the law,” she said.

A debate on the utility of the draconian laws enforced in the name of “protecting” the Indian state is long overdue. Proponents of these laws argue that the country is in the grip of multiple insurgencies seeking to dismember it and is the target of both indigenous and global terrorist networks.

Most civil society groups agree that terrorism in all its forms must be resolutely countered, but they point out that the means employed by constitutional democracies must not violate the core rights and freedoms that form the bedrock of civilised society.