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Teachers from oppressed sections would help change stereotypes

Posted by samathain on March 19, 2010

Source: Economic Times

Opposition to reservation for Scheduled Caste (SC) and scheduled tribe (ST) candidates in teaching faculty positions has much in common with

widespread general opposition to reservations per se. The same argument of merit and excellence is adduced by anti-reservationists in all fields.

Even those who believe that social exclusion, deprivation and discrimination are better addressed through radical affirmative action and that mandated quota system is limiting, wrongly posit affirmative action against reservation.
They get appropriated by rank upper caste chauvinists and strengthen the opportunist political elite that restricts the struggle against caste inequities to narrow reservationism. The need for reservation will remain perpetual without radical affirmative action to empower the deprived.

There are, in fact, good reasons for SC and ST quotas in teaching positions. School or university education is not just about imparting skills, it is also about getting socialised into a particular way of life with its own attendant system of values. Having teachers from the traditionally-oppressed sections of society would go a long way in changing traditional stereotypes on caste-occupation linkages and cultural prejudices that go with them.

There are some who argue that it is okay to have quotas even in faculty positions, but only if they are limited to the junior faculty: let there be reservations for lecturers but not for readers and professors . This argument is flawed. The junior faculty members are also engaged in teaching and research . If reserving teaching positions for the traditionally-deprived would hurt the quality of the education , the harm would be done by allowing reservations even at the level of junior faculty.

The reality is: to be eligible to teach at the college level, a person has to pass a National Eligibility Test, conducted by the University Grants Commission. Moreover, each university has a process of selection where the ability of the candidates is judged. The quality of the teachers would, thus, be a function of how good this eligibility test and selection process are, not of the teachers’ caste.

Further, professors are entrusted with a greater role in administration and policy-making , and direction of research and teaching. Hence, it will be enriching for educational institutions to have socially-diverse representation.

That it is often difficult to fill reserved posts because of a paucity of eligible candidates from the reserved groups doesn’t become an argument against reservation. Where inadequate faculty strength hurts the academic process, administrative arrangements allow creation of additional positions till suitable candidates are identified from among the intended beneficiaries of quotas.

A separate strand in the opposition to reservation in faculty positions points out that the arguments for reservation for dalits cannot be extended to other backward castes (OBC). The OBC category indeed comprises highly-differentiated social groups ranging from near-dalits to rather prosperous communities. Instead of arguing for reservation for all OBCs and for none, appropriate economic and social identification should be sought.

Reservations actually raise the levels of merit and quality over the long run, because they broaden the talent pool for merit and quality, from a narrow section of society to its entirety. Unaided by a radical affirmative action, the timeframe from such broadening will be inordinately long.

(Sanjaya Kumar Bohidarv-P , Democratic Teachers’ Front, Delhi University)

Posted in Current Affairs, Dalit Issues, Employment Issues, Recent News, Reservations | Tagged: , , , , | 2 Comments »

JNU Faculty considers “Reservation NOT legally binding” !!!!

Posted by samathain on March 19, 2010

Source: Indian Express

Deepu Sebastian Edmond Tags : jnu, delhi Posted: Thursday , Mar 18, 2010 at 0015 hrs New Delhi:

//

The academic council of the Jawaharlal Nehru University (JNU) is set to address the question of implementing the Scheduled Caste/Scheduled Tribe category reservation for the posts of professor and associate professor on Thursday.

The faculty remains divided on whether the December 6, 2005 directive from the Ministry of Human Resources Development (MHRD) and a subsequent order from the University Grants Commission (UGC) on the implementation of the 22.5-per cent reservation are legally binding.

On the council’s agenda are the “results” of an opinion poll conducted among the JNU schools and centres to gauge the support.

‘Ayes’ and ‘nays’
In the poll, the faculty of the Centre for Historical Studies voted 13 to 10 against the proposed policy.

The Centre for Persian and Central Asian Studies (CP&CAS) “unanimously resolved” that not only should the SC/ST reservation for the said posts be scrapped, but the 27 per cent reservation proposed for the OBC category at the level of assistant professor should also be done away with.

The School of Arts and Aesthetics, the Centre for Russian and Central Asian Studies, the School of Computer and System Sciences, the Centre for Political Studies and the Centre for Study in Science Policy favoured the reservation.

Clarity required
The notion that the reservation is not legally binding seems to have affected the faculty’s view. A few schools and centres have sought more clarity on the matter.

Questions have also been raised on the roster system, which determines the number of reserved seats a centre gets against the total announced positions. Complaints have been raised over the fact that a skewed implementation of the roster system will lead to some centres or schools having more reserved positions than others.

“A concentration of reserved posts in one department and virtually no reservation in other departments would be unfair,” response from the School of Arts and Aesthetics (SAA) said.

The SAA, the Centre for International Politics, Organization and Disarmament and the Centre for Study in Science Policy felt the university should make exceptions for specialised courses and those that have not been taught in India for long. “All effort needs to be made to train (the) most suitable MPhil and PhD students for future recruitment … so that candidates from the reserved quota may apply from a position of strength,” the SAA said.

In the council agenda, JNU has failed to place on record its own affidavit that could decide the debate once and for all. Filed in August 2008, it stated: “JNU is only implementing the policy or guidelines framed by the government or MHRD or UGC. As far as JNU is concerned … it has no alternative but to implement the direction of the Central government.”

The document was filed in response to a public interest litigation filed by the Citizens for Equality against the SC/ST reservation.

Posted in Current Affairs, Dalit Issues, Employment Issues, Recent News, Reservations | Tagged: , , , | 2 Comments »

SC/ST posts not filled up in Railways, says panel

Posted by samathain on March 18, 2010

Source: PTI News

STAFF WRITER 21:8 HRS IST

New Delhi, Mar 11 (PTI) Expressing dismay that large number of Group C and Group D posts meant for Scheduled Castes and Scheduled Tribes have not been filled up in railways, a Parliamentary committee today asked the ministry concerned to make concerted efforts to fill the vacancies.

“It is a matter of great concern that the vacancies of 61 SCs and 73 STs in Group C and 121 STs in Group D during the year 2009 are still to be filled up and no serious effort seems to have been made for clearance of vacancies reserved for SCs/STs,” the report, submitted by the committee on Welfare of Scheduled Castes and Scheduled Tribes, said.

The committee, headed by Gobinda Chandra Naskar, in its latest report has impressed upon the Railway Ministry to make credible and concerted efforts so that vacancies reserved for SC/ST are not carried forward.

Posted in Railways, Recent News, Reservations | Tagged: , , , , | 3 Comments »

Govt diktat on SC/ST quota rankles PSU banks

Posted by samathain on March 18, 2010

Source: Economic Times

KOLKATA: The long pending issue of reservation for scheduled castes (SCs) and scheduled tribes (STs) in the country’s public sector banks (PSBs)

is back on centrestage. The Centre has just asked all PSBs to follow a reservation policy for SC/STs at all officers’ categories which has rankled banking circles. The government’s direction was induced by a Madras High Court judgement, which asked five public sector banks including Canara Bank, Uco Bank and Union Bank of India to follow the reservation rule.

According to a government order, PSBs need to promote at least 15% SC and 7.5% ST candidates at all officers’ levels from Scale I (probationary officer) to Scale VII (general manager). “As the government issued a general notification following a Madras High Court ruling, all banks will have to adhere to the direction,” a senior official at Union Bank of India told ET.

Senior officials at various banks feel that such a reservation may be largely counter-productive. So much so, banks have already moved the Supreme Court looking for a stay order against the High Court ruling. The case will be up for hearing on March 15.

Such a hullabaloo over the reservation issue has the potential to throw PSBs’ promotion exercise and manpower management out of gear. The issue resurfaced at a critical time when PSBs are saddled with manpower crunch at senior levels amid exodus due to retirement.

When contacted, Canara Bank CMD AC Mahajan refused to comment on the issue saying: “I don’t want to comment on this as my bank was impacted. I want to remain away from the controversy.” Reservation for SCs and STs in matters of promotion at all government agencies started way back in 1997 following a Constitutional amendment (77th amendment).

Consequently, PSBs started follow the reservation policy when clerical cadres get promoted to officers’ level. But these banks never followed reservation policy for promotions within officers’ level. However, they used to follow a policy called ‘zone of consideration’, which translate into favourable treatment for SCs and STs at time of promotion up to scale III.

Posted in Dalit Issues, PSU, Recent News, Reservations | Tagged: , , , , | 2 Comments »

Centre to de-reserve SC, ST quota in jobs

Posted by samathain on December 15, 2009

Source: Deccan Herald

( Samatha )

Has the government done anything about finding out why these government posts are vacant ? Have they taken any action against officials who are not interested in filling up these posts ? Have they set any minimum goals in filling these posts ? Have they ever bothered to publish the vacancy in the posts anywhere ? Do they give reasons why the applications are rejected ?

Most of the time, welfare schemes for dalits and job availability is not published. There is no effort to increase the awareness about the schemes. In fact, every attempt is made to block / discourage deserving candidates. Is there any data about number of applicants, reasons why they were rejected on a case by case basis, record of attempts to increase awareness about the posts among the target population, access to information about vacancy etc ?

This guideline even violates constitutional requirement of quotas. This is an invitation to an already reluctant official machinery to openly subvert reservation. This is a backdoor policy to remove reservation in jobs effectively by encouraging violation of constitutional guidelines.

Every dalit should oppose it. This is a lesson to all those selfish dalits who are not bothered to safeguard the rights guaranteed by the constitution. Those ineffective dalit MPs need to ask themselves why they are powerless.

(Hari Ram –Dalit Conference)
reservations in india has been criticised by my anti-dalits and anti-national. reservations are not based on the caste as these people claim . in the constitution of india in the article 15(4) and 16(4) it clearly states that any community which has been inadequately represented in education and employment and who are socially and educationally backward those communities shall be provided with the representation in education and employment. and many castes and tribes in india are socially and educationally backward though they represent almost 25% of the total indian population there representation in education and employment is very negligent. so they have been given the reservations by bringing them into the SC (scheduled caste) and ST (scheduled tribes) list . to give there share in the education and employment. as there is 22.5% reservation in central services and 18% in state(federal) services but even after the implementation of reservations for 6 decades (1950) there share has not been fulfilled they are still able to fill 10-12% in central services and educational institutions and 7-9% in state(federal). the paradox is even without fulfilling their quota anti-reservationists wants the reservation to be discarded so they come out with such baseless arguments. because of the reservations millions of dalits and other backward castes are able to progress in every field and now they are also able to organize politically and play a decisive role in the indian politics. there is the emergence of intellegentia among these communities which has made these anti-development and anti-nationals are coming with such baseless arguments.

Centre to de-reserve SC, ST quota in jobs
By By Our Correspondent
Dec 14 2009

Dec. 13: The Centre has worked out a plan to de-reserve posts which
are otherwise meant only for those belonging to the Scheduled Castes
(SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs).
A ministry of personnel, P.G. and pensions, department of personnel
and training, office memorandum (OM) says such an unlocking of quota
could be done in the “larger public interest” as many posts in the
government lie vacant despite the numerous special recruitment drives
to hire SCs, STs and OBCs. The government, in its OM, has told all
ministries and departments that they might propose de-reserving such
posts.
While conceding that there is a “general ban” on de-reservation of
reserved vacancies in cases of direct recruitment, the OM, a copy of
which is with this newspaper, says: “How-
ever, in rare and exceptional cases, when a vacancy cannot be allowed
to remain vacant in public interest, the administrative ministry or
department may prepare a proposal for de-reservation of vacancy.”
The government has left the issue to the subjective wisdom of the
authorities to take a call.


Supreme Court Judgement in the case of Mr.Sabharwal regarding Vacancy in Reserved posts
PDF Version of the Judgement

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 7
CASE NO.:
Writ Petition (civil) 79 of 1979
PETITIONER:
R.K.SABHARWAL AND ORS.
RESPONDENT:
STATE OF PUNJAB AND ORS.
DATE OF JUDGMENT: 10/02/1995
BENCH:
KULDIP SINGH & S.MOHAN & M.K.MUKHERJEE & B.L.HANSARIA & S.B.MAJMUDAR
JUDGMENT:
JUDGMENT
Delivered By:
KULDIP SINGH (J)
Kuldip Singh,J.
1.The petitioners and respondents 4, 5 and 6 are
members of the Punjab Service of Engineers (Class 1) (the
Service) in the Irrigation Department of the State of
Punjab. The respondents are members of the Scheduled Castes
whereas the petitioners belong to the general category. The
conditions of service of the members of the Service are
governed by the Rules called The Punjab Service of Engineers
Class I P.W.D. (I.B.) Rules, 1964 (the Rules). The Punjab
Government by the instructions dated May 4, 1974 provided
reservations for the Scheduled Castes and Backward Classes
in promotions to and within Class I and II services under
the State Government. It was laid down under the said
instructions that 16 per cent of the posts to be filled by
promotion were to be reserved for members of the Scheduled
Castes and Backward Classes (14 per cent for the Scheduled
Casts and 2 per cent for the Backward Classes) subject to
the conditions that the persons to be considered must
possess the minimum necessary qualifications and they should
have, satisfactory record of service. The instructions
further provided as under:
“(i) In a lot of 100 vacancies occurring from
time to time, those falling at serial numbers
mentioned below should be treated as reserved
for the members of Scheduled Castes;
1, 7, 15, 22, 30, 37, 44, 51, 58, 65, 72, 80,
87, 91 and so on. Vacancies falling at serial
numbers 26 and 76 should be treated as
reserved for the members of Backward Classes.
(ii) The reservation prescribed shall be
given effect to in accordance with a roster to
be maintained in each Department. The roster
will be implemented in the form of a running
account from year to year.”
Rule 9 of the Rules which provides for promotion within the
service reads as under
“Promotion within service;-
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 7
354
(1) Subject to the provisions of sub-rules 2 and 3 members
of the Service shall be eligible for promotion to any of the
posts in the Service, namely, Executive Engineers,
Superintending Engineers and Chief Engineers:
Provided that a Member of the Service in whose case the
qualifications mentioned in clause (a) of Rule 6 have been
waived, shall not be eligible for promotion to the post of
Superintending Engineer or above till he has acquired the
necessary qualification.
Explanation:- Once an officer has been appointed a member of
the Service, his promotion within it from one rank to another
shall be regarded as promotion within the same cadre.
(2) Promotions shall be made by selection on the basis of
merit and suitability in all respects and no member of the
Service shall have any claim to such promotion as a matter
of right or mere seniority.
(3) A member of the Service shall not be eligible for
promotion to the rank of—
(a) Executive Engineer unless he has rendered five years
service as an Assistant Executive Engineer;
Provided that an officer who has rendered six years or more
service as an Assistant Executive Engineer shall unless he
is considered unsuitable for promotion, be given preference
for such promotion over an eligible Class II Officer;
(b) Superintending Engineer, unless he has rendered seven
years service as an Executive Engineer;
(c) Chief Engineer, unless he has rendered three years
service as Superintending Engineer;
Provided that, if it appears to be necessary to promote an
officer in public interest, the Government may, for reasons
to be recorded in writing, either generally for a specified
period or in any individual case reduce the period specified
in clauses (a), (b) and (c) to such extent as it may deem
proper.
It is stated in the writ petition that the petitioners are
at serial Nos. 19, 23, 26, 29, 30, 31, 34 and 38 of the
seniority list of the Service whereas the respondents are at
serial Nos. 46, 140 and 152. Respondent Rattan Singh was
promoted to the rank of Chief Engineer against the post
reserved for the Scheduled Castes by superseding 36 senior
colleagues including the petitioners. Similarly,
respondents Surjit Singh and Om Prakash were promoted as
Superintending Engineers against the reserve vacancies by
superseding 82 and 87 senior colleagues respectively.
According to the petitioners at the time of promotion of
these respondents the petitioners were already working as
Superintending Engineers for several years. It is further
averred in the petition that respondents 4, 5 and 6 were in
fact working as Executive Engineers when the petitioners
were holding the posts of Superintending Engineers.
2. On the above facts the petitioners have challenged the
reservation-policy on several grounds but Mr. Harish Salve,
learned counsel for the petitioners, has confined the
arguments to the following two points:
(1) The object of reservation is to provide adequate
representation to the Scheduled Castes/Tribes and Backward
classes in services and as such any mechanism provided to
achieve that end must have nexus to the object sought to be
355
achieved. The precise argument is that for working out the
percentage of reservation the promotees/appointees belonging
to the Scheduled Castes and Backward Classes whether
appointed against the general category posts or against the
reserve posts are to be counted. In other words if more
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 7
than 14% of the Scheduled Castes candidates are
appointed/promoted in a cadre on their own merit/seniority
by competing with the general category candidates then the
purpose of reservation in the said cadre having been
achieved the Government instructions providing reservations
would become inoperative.
3. Once the posts earmarked for the Scheduled
Castes/Tribes and Backward Classes on the roster are filled
the reservation is complete. Roster cannot operate any
further and it should be stopped. Any post falling vacant,
in a cadre thereafter, is to be filled from the category -
reserve or general – due to retirement etc. of whose member
of the post fell vacant.
4. Adverting to the first point Mr. Harish Salve and Mr.
Rajiv Dhawan, learned counsel representing the
petitioners, have contended that the total number of
promotees/appointees belonging to the reserve categories in
a cadre are to be counted to work-out the prescribed percentage
of reservation. According to the learned counsel
the reserve categories can take advantage of the reservation
made in their favour till their representation in the
Service — including those appointed against general
category posts — reaches the prescribed percentage. For
working out the percentage the promotees/appointees
belonging to reserve categories in the Service, whether on
the reserve posts or general category posts, are to be
counted.
Support is sought from the judgment of the Punjab and
Haryana High Court in Joginder Singh Sethi and others v.
Punjab Government and other 1982 (2) SLR 307. In the said
case 22% reservation was provided for the members of
Scheduled Castes/Tribes and Backward Classes. In the cadre
strength of 202 posts the Scheduled Castes candidates were
entitled to 42 posts. There were already 47 members of the
said category in the cadre but out of them 10 were promoted
on the basis of seniority-cum-merit against the general category
posts. There being only 37 persons who had been
promoted against the reserved posts 4 more Scheduled Castes
were sought to be promoted against the reserve vacancies.
The High Court quashed the promotion on the ground that the
cadre was already having more than 22% persons from the
reserve categories. We are of the view that the High Court
in Joginder Singh Sethi’s case fell into a patent error.
The said case was subsequently considered by a Full Bench of
Punjab & Haryana High Court in Jaswant Singh v. Secretary to
Government of Punjab, Education Department [ 1989 (4)
Services Law Reporter 257]. The Full Bench did not agree
with the ratio in Joginder Singh Sethi’s case and reversed
the same.
5. When a percentage of reservation is fixed in respect of
a particular cadre and the roster indicates the reserve
points, it has to be taken that the posts shown at the
reserve points are to be filled from amongst the members of
reserve categories and the candidates belonging to the
general category are not entitled to be considered for the
reserve posts. On the other hand the reserve category
candidates can compete for the non-reserve posts and in the
event of their appointment to the said
356
posts their number cannot be added and taken into
consideration for working out the percentage of reservation.
Article 16(4) of the Constitution of India permits the State
Government to make any provision for the reservation of
appointments or posts in favour of any backward class of
citizen which, in the opinion of the State is not adequately
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 7
represented in the Services under the State. It is,
therefore, incumbent on the State Government to reach a conclusion
that the backward class/classes for which the
reservation is made is not adequately represented in the
State Services. While doing so the State Government may
take the total population of a particular backward class and
its representation in the State Services. When the State
Government after doing the necessary exercise makes the
reservation and provides the extent of percentage of posts
to be reserved for the said backward class then the percentage
has to be followed strictly. The prescribed
percentage cannot be varied or changed simply because some
of the members of the backward class have already been
appointed/promoted against the general seats. As mentioned
above the roster point which is reserved for a backward
class has to be filled by way of appointment/promotion of
the member of the said class. No general category candidate
can be appointed against a slot in the roster which is
reserved for the backward class. The fact that considerable
number of members of a backward class have been appointed/
promoted against general seats in the State Services
may be a relevant factor for the State Government to review
the question of continuing reservation for the said class
but so long as the instructions/ Rules providing certain
percentage of reservations for the backward classes are operative
the same have to be followed. Despit any number of
appointment/promotees belonging to the backward classes
against the general category posts the given percentage has
to be provided in addition. We, therefore, see no force in
the first contention raised by the learned counsel and
reject the same.
6. We see considered force in the second contention raised
by the learned counsel for the petitioners. The
reservations provided under the impugned Government
instructions are to be operated in accordance with the
roster to be maintained in each Department. The roster is
implemented in the form of running account from year to
year. The purpose of “running account” is to make sure that
the Scheduled Castes/Schedule Tribes and Backward Classes
get their percentage of reserved posts. The concept of
“running account” in the impugned instructions has to be so
interpreted that it does not result in excessive
reservation. “16% of the posts……are reserved for
members of the Scheduled Caste and Backward Classes. In a
lot of100 posts those falling at serial numbers 1,7, 15, 22,
30, 37, 44, 51, 58, 65, 72, 80, 87 and 91 have been reserved
and earmarked in the roster for-the Scheduled Castes.
Roster points 26 and 76 are reserved for the members of
Backward Classes. It is thus obvious that when recruitment
to a cadre starts then 14 posts earmarked in the roster are
to be filled from amongst the members of the Scheduled
Caste. To illustrate, first post in a cadre must go to the
Scheduled Caste and thereafter the said class is entitled to
7th, 15th, 22nd and onwards upto 91st post. When the total
number of posts in a cadre are filled by the operation of
the roster then the result envisaged by the impugned
instructions is achieved. In other words, in
357
a cadre of 100 posts when the posts earmarked in the roster
for the Scheduled Castes and the Backward Classes are filled
the percentage of reservation provided for the reserved
categories is achieved. We see no justification to operate
the roster thereafter. The “running account” is to operate
only till the quota provided under the impugned instructions
is reached and not thereafter. Once the prescribed perhttp://
JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 7
centage of posts is filled the numerical test of adequacy is
satisfied and thereafter the roster does not survive. The
percentage of reservation is the desired representation of
the Backward Classes in the State services and is consistent
with the demographic estimate based on the proportion worked
out in relation to their populations The numerical quota of
posts is not shifting boundary but represents a figure with
due application of mind. Therefore, the only way to assure
equality of opportunity to the Backward Classes and the
general category is to permit the roster to operate till the
time the respective appointees/ promotees occupy the posts
meant for them in the roster. The operation of the roster
and the running account” must come to an end thereafter.
The vacancies arising in the cadre, after the initial posts
arc filled, will pose no difficulty. As and when there is a
vacancy whether permanent or temporary in a particular post
the same has to be filled from amongst the category to which
the post belonged in the roster. For example the Scheduled
Caste persons holding the posts at Roster – points 1, 7, 15
retire then these slots are to be filled from amongst the
persons belonging to the Scheduled Castes. Similarly, if
the persons holding the post at points 8 to 14 or 23 to 29
retire then these slots are to be filled from among the
general category By following this procedure them shall
neither be short-fall nor excess in the percentage of
reservation.
7. The expressions “posts” and “vacancies”, often used in
the executive instructions providing for reservations, are
rather problematical. The word “post” means an appointment,
job, office or employment. A position to which a person is
appointed. “Vacancy” means an unoccupied post or office.
The plain meaning of the two expressions make it clear that
there must be a ’post’ in existence to enable the ’vacancy’
to occur. The cadre – strength is always measured by the
number of posts comprising the cadre. Right to be considered
for appointment can only be claimed in respect of a
post in a cadre. As a consequence the percentage of
reservation has to be worked out in relation to the number
of posts which form the cadre-strength. The concept of
’vacancy’ has no relevance in operating the percentage of
reservation.
8. When all the roster-points in a cadre am filled the
required percentage of reservation is achieved. Once the
total cadre has full representation of the Scheduled
Casts/Tribes and Backward Classes in accordance with the
reservation policy then the vacancies arising thereafter in
the cadre are to be filled from amongst the category of
persons to whom the respective vacancies belong. Jeevan
Reddy, J. speaking for the majority in Indra Sawhney vs.
Union of India (AIR 1993 SC 477) observed as under:-
“Take a unit/service/cadre comprising 1000
posts. The reservation in favour of
scheduled Tribes Scheduled Cass and other
Backward Classes is 50% which means that out
Of the 1000 posts 500 must be held by the
members of these classes i.e- 270 by Other
Backward
358
Classes, 150 by Scheduled Casts and 80 by
Scheduled Tribes. At a given point of time,
let us say the number of members of OBC in the
unit/ service/ category is only 50, a
shortfall of 220. Similarly the number of
members of scheduled Casts and Scheduled
Tribes is only 20 and 5 respectively,
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 6 of 7
shortfall of 130 and 75. If the entire
service/cadre is taken as as unit and the
backlog is sought to be made up, then the open
competition channel has to be chocked
altogether for a number of years until the
number of members of all backward classes
reaches 500 i.e., till the quota meant for
each of them is filled up. This may take
quite a number of vacancies arising each year
are not many. Meanwhile, the members of open
competition category would become age barred
and ineligible. Equality of opportunity in
their case would become a mere mirage. It
must be remembered that the equality of
opportunity guaranteed by clause (1) is to
each individual citizen of the country while
clause (4) contemplates special provision
being made in favour of socially disadvantaged
classes. Both must be balanced against each
other. Neither should be allowed to eclipse
the other. For the above reason, we hold that
for the purpose of applying the rule of 50%
a year should be taken as the unit and not
the entire of the cadre, service or the unit
as the case may be”
9. The quoted observations clearly illustrate that the
rule of 50 % a year as unit and not entire strength of
the cadre has been adopted to protect the rights of the
general category under clause (1) of Article 16 of the
Constitution of India. These observations in Indra
Sawhney’s case, arc only in relation to posts which are
filled initially in a cadre. ’The operation of a roster,
for filling the cadre strength, by itself ensures that thereservation
remains within the 50 % limit. Indra Sawhney’s
case- is not the authority for the point that the roster
survives after the cadre-strength is full and the percentage
of reservation is achieved.
10.A Division Bench of the Allahabad High Court in J.C.
Malik and others v. Union of India and others (1978)SLR 844)
interpreted Railway Board’s circular dated April 20, 1970
providing 15% reservations for the Scheduled Casts. The
High Court held that the percentage of reservation is in
respect of the appointment to the posts in a cadre. On the
basis of the material placed before the High Court it
reached the conclusion that if the reservation is permitted
in the vacancies after all the posts in cadre are filled
then serious consequences would ensure and the general
category is likely to suffer considerably. We see no
infirmity in the view taken by the High Court.
11. We may examine the likely result if the roster is
permitted to operate in respect of the vacancies arising
after the total posts in a cadre are filled. In a 100 point
roster, 14 posts at various roster points are filled from
amongst the scheduled Casts/ Scheduled Tribes candidates, 2
posts arc filled from amongst the Backward Classes and the
remaining 84 posts are filled from amongst the general category.
Suppose all the posts in a cadre consisting of 100
posts are filled in accordance with the roster by December
31, 1994. Thereafter in the year 1995, 25 general category
persons (out of the 84) retire. Again in the 1996, 25 more
persons belonging to the general category persons (out of
the 84) retire. Again in the year 1996, 25 more persons
belonging to the general category retire. The position
which would emerge would be that the Sched-
359
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 7 of 7
uled Casts and Backward Classes would claim 16% share out of
the 50 vacancies. If 8 vacancies are given to them then in
the cadre of 100 posts the reserve categories would be
holding 24 posts thereby increasing the reservation from 16%
to 24%. On the contrary if the roster is permitted to
operate till the total posts in a cadre are filled by the
same category of persons whose retirement etc. caused the
vacancies then the balance between the reserve category and
the general category shall always be maintained. We make it
clear that in the event of non-availability of a reserve
candidate at the roster-point it Would be open to the State
Government to carry forward the point in a just and fair
manner.
12. We, therefore, find considerable force in the second
point raised by the learned counsel for the petitioners.
We, however, direct that the interpretation given by us to
the working of the roster and our findings on this point
shall be operative prospectively.
13. The writ petition is, therefore, disposed of in the
above terms. No costs.
360

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Dalit families refused insurance scheme

Posted by samathain on November 13, 2009

Samatha

37 families have been thrown on the road because they wanted to register for medical insurance scheme. Police Sub Inspector who investigated the report is Transferred !!! District administration of Virudhunagar district of Tamil Nadu have not bothered to rehabilitate the suffering families. Police have actually registered FIR against the dalits !!! They have been rendered homeless due to criminal behavior of upper castes and the action of administration, police and the uncaring government makes us down our heads in shame. Why there is no outrage ? Why villagers of Veppankulam are allowed to treat fellow villagers like animals and slaves ? Why they have no respect for laws or humanity ? Why did the government support these anti-socials by transferring the police inspector who went to investigate the matter ? Aren’t there anybody in Veppankulam who does not feel outraged at the inhuman behavior of village strong men ? What are the good men and women of TN doing ? This is an insult to periyar, who wanted the dravidian land to be free from inhumanity of casteism. It is even worse that DMK, which is based on dravidian rights, is the government allowing this inhuman act by majority of a village with complete disregard for law and the rights OPENLY !!!!

Source : Times of India

Dalit families refused insurance scheme in TNPadmini Sivarajah, TNN 27 October 2009, 04:08am IST
MADURAI: Thirty-six dalit families in
a village in Virudhunagar district of Tamil Nadu say they have been ostracised
after they questioned their exclusion from the state governmentâ
Kalaignar medical insurance scheme for the poor.

Human rights
activists who visited T Veppankulam village in Tiruchuzhi block say the dalit
families were being discriminated against by not allowing them to register under
the scheme. The Peoples Union for Human Rights and other organisations went on a
fact-finding mission to the village. The team was told that when registrations
for the scheme began in the village on October 3, a Hindu in charge of the work
had ignored dalits standing in a long queue and registered only the names of
non-Dalits.

An argument over the exclusion degenerated into
violence, and many dalits were injured as they were beaten up by members of the
other caste. Dalits deserted the village immediately, fearing for their lives,
and now stay in a settlement at Kariapatti, about 14 km away from their village.
They are virtually living on the road, as there is shelter only for cooking and
for children to sleep, said advocate Rajani and A Marx of PUHR.


Home out of bounds

 

Source: Express Buzz

Home out of bounds to 37 Dalit families


Photo:Express
First Published : 19 Oct 2009 02:53:00 AM IST
Last Updated : 19 Oct 2009 09:19:39 AM IST

KARIAPATTI: For the members of 37 Dalit families, who fled T Veppankulam in Virudhunagar district on October 4 fearing violent reprisals from the dominant caste Hindus of their village and took refuge in Kariapatti, the future remains a big question mark as the district administration and police have turned a blind eye to their plight.The day before the Dalits left their homes, casteist tensions had run high at T Veppankulam when some Dalits waiting in queue with their families to get photographed for the Kalaignar Maruthuva Kaapeetu Thittam (state government’s medical insurance scheme) objected to some caste Hindus jumping the queue.The verbal exchange led to violence, when five Dalit men, including V Muniyandi, a daily wage labourer, were badly beaten. “As usual, they made casteist remarks against us and began to thrash us.” Muniyandi told Express.The terror did not stop there. Fearing that the Dalits would file an FIR against them, the caste Hindus surrounded their houses and refused to let them out. Those who had got into state transport buses were also forcibly made to step down.Sources said Mukkulam sub-inspector Ramaiah, who came to the village to enquire about the incident, also had to bear the brunt of upper caste fury. The man in khaki was reportedly let off only after he told them that he belonged to their caste. He was transferred the same night, the sources added.Muniyandi was again beaten up by a 40-member group with slippers and sticks when he tried to meet his wife Pappa at a nearby house. Around 6 pm, he managed to escape to Kariapatti, 20 km away, when his wife wrapped him in her sari and smuggled him into a bus.On October 4, some 37 Dalit families similarly made their way to Kariapatti, where they enjoy some protection from some Viduthalai Chiruthaigal Katchi (VCK) activists, in small groups with just the clothes on their back. They now stay in a makeshift shelter. “We have been reduced to begging for rice, pulses and vegetables and it is about 20 days since our children went to school,” they said.VCK councillor Iniyavan said the district administration and the police were not taking any steps for the rehabilitation of the families. “As is the practice, the police filed the first FIR against the Dalits and then filed one against the caste Hindus,” he added.The Dalit villagers said none of the district officials had bothered to visit them and enquire about their plight. The police too had not taken any action on the FIR filed against the caste Hindus.“As the upper caste people have served an ultimatum on us, it is impossible for us to return to our village,” they added.

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Caste Discrimination in Karnataka flood relief operations

Posted by samathain on November 9, 2009

Samatha

It is the poor and the landless who deserve most help during these natural calamities. However, even simple gruel is not being served to the poor in the name of them not having Id cards of local areas !!! We don’t think anybody should be turned away from gruel centers. Distributing relief from religious centers like matts and temples is highly discriminatory. Aren’t there government schools and government offices ? Even in relief work, one should not discriminate based on caste and religion. Government is not going to have funds to rebuild houses for every one. That is understandable. As the floods affected everyone, rich and poor alike, irrespective of caste or religion. Instead of allowing for usual corruption and influence in implementing welfare schemes, government should give a fair chance to everyone who fulfills the eligibility criteria. Government should really consider building houses for the affected using open and honest lottery. US does the same with respect to much coveted Green Cards by having lottery system to give a chance to people to immigrate irrespective of skills or income.

Red Cross leading NGOs to arrange relief for flood affected people in north karnataka. U can reach 4 details @ +91-80-22264205

Source: The Hindu

Caste discrimination in rehabilitation work alleged

Special Correspondent

‘Help from private agencies should be channelled through Government’

Bangalore: On what basis did some families in the flood-hit districts of north Karnataka get a compensation of Rs. 1,500 for a destroyed house, while others got up to Rs. 30,000 even when the nature of construction and extent of built area was equal?
Discrepancies

Caste discrimination was at the root of many such discrepancies in rehabilitation work in Bijpur, Bellary, Gulbarga and other districts, alleged persons from these areas in their testimonies at a public hearing organised by Human Rights Forum for Dalit Liberation (HRFDL) here on Saturday.

They listed discriminations of various kinds: in compensation given for destroyed houses and crops, restricted access to gruel centres, barring entry into rehabilitation centres when they are in religious places such as temples, and so on. “They give money to those who have got it once, leaving out poor people like me,” said Durgamma from Hospet taluk in Bellary district.

Kamala Bai from Karjol in Bijapur district said the Dalits and the poor got a raw deal even though the former Minister Govind Karjol hailed from her village.

P. Ramesh from Bijapur alleged that the district administration had used the floods as an excuse to demolish two slums.

“Rather than help rebuild our houses, whatever remained our houses was destroyed without any notice,” he said.

Basavaraj Kowthal, convenor of HRFDL, objected to the rehabilitation work being done through maths and other religious organisations as it led to caste discrimination. He demanded that help for rehabilitation from private agencies be channelled through the Government. Justice A.J. Sadashiva, who heads the panel set up to probe discrimination against the Scheduled Castes, said that problems in rehabilitation should be corrected rather than stopped.
Barriers

He said that caste barriers should be done away with while rebuilding villages and people from various castes should not be segregated in allotment of houses and sites.

 


Gruel centres fail to satiate the hungry

 

Source : The Hindu

Sudipto Mondal

Pregnant women and children worst-affected

Gruel centre at Mandrali abruptly was closed down on Friday

Migrant workers have not received any relief or food from the authorities

Fllod victims waiting at gruel center
— Photo: Sudipto Mondal

A long wait: Flood victims in Mandrali village of Kadvad gram panchayat wait for a team from a local NGO to bring them food after the gruel centre was closed by the district administration.

KARWAR: After providing exactly seven lunches and seven dinners, the district administration has concluded that Mandrali village’s flood-affected residents have had enough “free food” and must fend for themselves from now on. (Breakfast is not part of the deal at relief centers in Uttara Kannada district.)

Fourteen insipid and low-calorie meals are all that the 150 flood victims here managed to get before the gruel centre here was abruptly closed down on Friday — seven days after it was started. Official sources told The Hindu that of the remaining 17 centers in the district, many more will be closed in the next two days.

When The Hindu reached Mandrali at 2.30 p.m. on Friday, its famished residents barely had energy to talk and were eagerly waiting for the Karwar Diocesan Development Council, a local NGO, to bring them food.

“We have not eaten anything since last night. The gruel centre was our only source of sustenance,” said Renuka B. Kathimare amid the cries of her three hungry children.

But even as the residents here lamented the loss of their gruel centre, they unanimously agreed that the food, when supplied, was barely edible.

Two meals a day comprising of a watery dal and lumpy rice is what is served. The gruel centre in the Kothar area of Majali Gram Panchayat, which supports 380 people, received 12 kg of dal on October 4 and 5 and only 10 kg the next day. But since October 7, the centre has been receiving only eight kg or 21.05 gm of dal per person.

The only vegetables, for the record, are tomatoes and onions — four kilos of each go into the cooking of a mass meal. Each person gets 10.5 gm of onions and the same quantity of tomatoes in each meal.

The first meal at the centers is served at 1.30 p.m. every day. “By this time, we have a storm in our stomachs and are giddy with hunger,” said Ullas P. Kotarkar a resident whose house was washed away in the floods.

“Only two of my younger children (aged one and four) get a glass of diluted milk in the morning. The other two (aged six and nine) do not get anything,” said Meenakshi Vivek Talekar (30).

This is because, as per the rules, only children below five years of age are eligible for milk. Migrant colonies, with their flimsy houses, bore the full brunt of the disaster. But as the workers, mostly from districts in north Karnataka, do not hold domicile documents, they have not received any relief or food.

Venkatesh Bovi (38), a construction worker hailing from Gadag, said that he tried to sneak into a gruel centre with his family of six a few days ago. But he was chased away by the officials there since he did not have any identification papers,” he claimed.

Deputy Commissioner N.S. Chennappagowda maintains that the district had no shortage of funds.

“But where are these funds going?” asked Ramesh N. Gowda of the Taluk Vokkaligara Sangha.

 


Waiting to encash their cheques

 

Source : The Hindu

Girish Pattanashetti

Compensation cheques for house collapse yet to be realised

Parasappa Madar in front of their make-shift tent

On their own: Parasappa Madar and his family in front of their make-shift shelter near Shirabadagi village in Bagalkot district.

SHIRABADAGI (BAGALKOT DISTRICT): The steel frames which Parasappa Madar used for sericulture a few years ago has become handy for him now. In the absence of temporary sheds for shelter, the steel frames, torn plastic sheets and a blanket now form the roof of the temporary shelter he has built for his family.

Parasappa has been living with his wife Matangi and three children in this shelter for almost a month now. To add to his woes, he has been suffering from stomach pain for the last few weeks. Although the doctors have given him medicines, the pain remains.

Moreover, the compensation cheque of Rs. 37,000 given to him for house damage is yet to be credited into his bank account.

Scores of residents of Shirabadagi village in Badami taluk of Bagalkot district have similar problems. At present, there are 96 sheds near the Shirabadagi village, which were set up after several houses collapsed during the flooding of the Malaprabha in 2007. Several people living in the sheds generously shared their temporary houses with other recent flood-hit families. Yet, there are still many who require shelter. Even after a month, the temporary sheds are still in the process of being “set up”.

However, the residents seem to be satisfied with the foodgrains, essential commodities and healthcare that have been provided.

But they wonder why despite having bank accounts, the compensation cheques could not be encashed.

 


Out of a drought and into the flood

 

Source: The Hindu

Sudipto Mondal

Migrant workers from North Karnataka have been dealt another cruel blow

Migrant workers are not eligible for compensation

They are not getting jobs as works have stopped

— Photo: sudipto mondal

Left in the lurch: Migrant labourers from north Karnataka wait for work in front of the Karwar Urban Bank.

KARWAR: It is 6.30 a.m. on Friday and a large group of men and women gather in front of the Karwar Urban Bank. Their trademark saris and jewellery, dhotis and turbans say that they are from north Karnataka. “We are waiting here in the hope that some contractor will give us work,” explains Girijowwa (38) from Gajendragada in Gadag. She says that group has spent the last seven days waiting for jobs.

“There is no work. All construction work has stopped. Come tomorrow,” Prashant Bovi a middle-aged contractor tells the crowd milling around him. The disappointed workers silently scatter.

A natural calamity is no great leveller. Take the impoverished workforce of migrant labour from north Karnataka, for example. The drought in their home villages drove them to Karwar in search of work. Here, they fell victim to the fury of the monsoon and the floods that devastated the coastal region.

According to Yamunappa Kotudi (48), who owns an eight acre farm in Bagalkot: “My entire crop of jowar withered in the drought.” In early September, he and his family of five members migrated to Habbuwada on the outskirts of Karwar, with only a bag of jowar and rice.

Outside his partially destroyed hut, his wife is drying some sodden jowar in the sun, helped by their three scantily clad children aged 10, 9 and six.

There are several small clusters of thatched huts spread across the area, flimsily constructed on empty plots and along drains. Those along a large storm water drain were the worst affected by the floods.
No food, no relief

Migrant workers dealt a raw deal

Yamunapur Benkathi, a migrant worker from Bagalkot, says that some officials came to the colony in a jeep a few days ago.

“They asked me if I had a ration card or titles to the land on which this hut is built and I said I did not.” No official has since visited, he says.

Later, when asked about compensation for migrant labourers, Deputy Commissioner N.S. Chennappagowda told The Hindu: “They will be compensated, but they must have some identification papers to show they are from this district.”

The migrant labourers of Habbuwada, who are amongst the worst affected by the flood, are thus outside the compensation net.

Says Venkatesh Bovi (50): “Nobody has bothered to come and even ask us if we are dead or alive.”

Mr. Bovi and the other residents say that they had nothing to eat for several days after the floods. One migrant worker, too ashamed to identify himself, says that after two days of starvation he was forced to beg for food. He says that he owns 10 acres of land in Gulbarga.

“So what if we are not eligible for compensation? The officials could have at least provided us with food,” says Shivaji (35), from Bijapur. In fact when Venkatesh Bovi and his family tried to sneak into a gruel centre, they were chased away by an official. “We were asked for our ration cards. When we told him (the official) that all documents were washed away in the floods, he chased us away,” says Mr. Bovi.

 


Residents of villages may not benefit from compensation

 

Source : The Hindu

T.V. Sivanandan

Most houses in villages in the Hyderabad-Karnataka region are ‘kuchcha’ houses

Bhimashankar kallur and his family still live in their damaged kutchcha house

Sorry state: Bhimashankar Kallur and his family inside his damaged house in Yatnal village of Gulbarga district.

GULBARGA: Residents of villages, whose houses have been damaged, completely or partially, may not benefit from the compensation given by the Government.

According to Assistant Commissioner Sangappa, under the norms of the Calamity Relief Fund (CRF), officials are authorised to pay a maximum compensation of Rs. 10,000 to families whose “kuchcha” house have been completely damaged in the floods, Rs. 1,500 to those whose houses have partially collapsed and Rs. 2,500 to those whose houses have been severely damaged. However, for “pucca” houses, which have been completely damaged, Rs. 35,000 will be paid as compensation.

Houses constructed using mud and boulders without concrete roofing are classified as “kuchcha” houses and houses constructed using cement with cement concrete roofing are classified as “pucca” houses.

Almost all the houses in villages in the Hyderabad Karnataka region are constructed with mud and boulders.

People of the villages in this region use the mud from tank beds and boulders to construct their houses. The roof is also constructed with the same mud and bamboo sticks or stalks of red gram. Bhimashankar Kallur, a resident of Yatnal village in Jewargi taluk, whose house was severely damaged, said: “With this paltry compensation I will have to borrow money from money-lenders at a high rate of interest to reconstruct my house.”

At the most Mr. Kallur will be paid Rs. 2,500 as compensation for the three rooms of the four rooms which have collapsed.

Basanna Mariappa of Bandoli village, whose house located on the banks of the Krishna, is severely damaged said: “I cannot imagine living in the house in its present condition. Even if the Government pays Rs. 10,000 as compensation it will not be enough to reconstruct the house.” However, a sum of Rs. 2,000 which was paid to affected families as immediate compensation enabled them to purchase essential items such as food, utensils and clothes.

B.S. Patil, vice-president of the Afzalpur Taluk Panchayat and a resident of Tellur village, which was marooned owing to floods in the Amarja, said that the amount would go a long way in helping the people meet emergency needs. In Gulbarga district, as per the official estimate, more than 30,400 houses have collapsed, partially or fully, in the floods and heavy rain.

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26th National Convention of BAMCEF

Posted by samathain on October 28, 2009

Source: Pradip Bansode

BAMCEF Appeal in PDF Form


Educate! Organise!! Agitate!!!

BAMCEF

Regd. No:. S – 17809

The All India Backward (S.C., S.T., OBC) And Minority Communities Employees Federation, Delhi
Central Office: – 10795, Phoolwali Gali, Manak Pura, Karol Bagh, New Delhi-5. Ph: 011-23614369

26th National Convention
Dates : 25th to 28th December 2009
Place : Chandigarh

APPEAL

Dear Mulnivasi Bahujan friends,
It is a reality that mere formation of an organization does not ensure an accomplishment of its mission. To accom-
plish a mission its objectives needs to be pursued continuously and regularly in the form of different programmes
and activities. Annual conferences and conventions of the organization becomes an important part of such pro-
grammes and activities. Keeping this understanding in mind BAMCEF has developed a culture of organizing a
National convention regularly at the end of the year. The burning issues related to Mulnivasi Bahujan Samaj are
discussed and deliberated in National conventions with the view to give proper direction to the Mulnivasi Bahujan
masses so as to build the required public opinion. This year on the occasion of 26th National convention following
points will be the focus of the discussions and deliberations.
INSTITUATIONALIZATION OF ORGANIZATION

BAMCEF during last 31 years had made organized efforts to establish it as an Institution to achieve the goal of so-
cial revolution set by our forefathers of Mulnivasi Bahujan Samaj. In this process the organization had succeeded
in establishing a unique identity of Phule-Ambedkarite Movement in the Indian society. This has also produced
an institutional leadership on large scale. Mulnivasi Bahujan Samaj has contributed a lot to bring this success. We
know that this success is an out come of the continuous process of institutionalization of BAMCEF. Now we need
to strengthen the same with more efforts.
ANTI MULNIVASI – BRAHMINICAL EDUCATION POLICY

The alien Aryan-Brahmins, (the ruling caste) in the country are making efforts to enslave Mulnivasi Bahujan Samaj
by depriving them from higher education through conspiracies of privatization and commercialization of educa-
tion, opposition to the representation in higher education, rise in the educational fees, arguing for creamy layer
and making crooked policy of reserving seats for forward caste in public institutions by referring to reservation
of backward classes; and on the other hand in the name of literacy mission, campaign for education to all (sarva
shiksha abhiyan) and education loan schemes for weaker sections they are basically trying to fool and mislead the
Mulnivasi Bahujan Samaj. All these things are a part of organized conspiracies hatched by them.

THE ISSUE OF CASTE CERTIFICATES
The ruling castes are notoriously engaged in implementing the conspiracy of complicating the process of issuing
caste certificates to the Backward Classes (SC, ST, OBC) and not accepting the caste certificates issued by one state
in the other state of the country. This matter is related to a larger conspiracy to deprive Mulnivasi Bahujan Samaj
from availing its Constitutional rights. This has been observed that the high caste (Ruling caste) are producing the
false caste certificates and availing the benefits of reservation policy. However instead of punishing them under
the I.P.C (Indian Penal Code) the procedure of issuing caste certificates to backward classes is being made more
and more complicated. Thus this act of the government is nothing but to protect the criminals and punish the real
eligible candidates. Secondly, it is a constitutional rights of all the citizens of India to reside at any place for liveli-
hood but by denial of accepting claims of backward classes for representation in other states other than their
paternal states by the government amounts to indirectly snatching away the constitutional rights of the backward
classes.
REPRESENTATION IN JUDICIARY
India is a democratic republic having a system of representative governance. However in its basic institutions
namely the legislature and executive (bureaucracy) the system of representation by reservation for Mulnivasi
Bahujans is in practice. But there is no system of representation through reservation in Judiciary. Therefore what-
ever legislations are being enacted through the parliament the same are being nullified with the simple orders
of Brahminical Judges dominating the Supreme Court and other courts in the country. Consequently instead of
justice an injustice is being handed over to the Mulnivasi Bahujan Samaj from the supreme court and other courts
in the country. On the basis of these facts we have concluded that without having representation to the Mulnivasi
Bahujan Samaj in the judiciary, justice can’t be expected for them. Thus a solution to this serious problem is needs
to be sought.
THEME BASED ON MULNIVASI IDENTITY
It is well known fact that Indus valley civilization is one of the oldest and greatest civilizations of the world. The his-
torical facts have proved that alien Aryan Brahmins had destroyed the Indus valley civilization. By the destruction
of Indus valley civilization the Mulnivasi Bahujan were degraded and enslaved. Therefore re-establishing the lost
indigenous culture and civilization is very much needed. We are of the firm opinion that, by organizing the original
inhabitants (Mulnivasis) of India with the help of their collective identity as “Mulnivasis” we can re-establish the
Mulnivasi Culture, civilization and bring back the progress and prosperity to Mulnivasi Bahujan Samaj. BAMCEF
is making multi dimensional efforts to make it happen. In this sequence we had decided to organize our 26th Na-
tional Convention based on the theme – “Mulnivasi identity.”
UPROOT BRAHMINISM THE SPIRIT OF INEQUALITY
We all know that Brahminism is the root cause of all kinds of inequalities, communal and castist hatred, unjust
social and economic policies, attacks on human dignity and status, integrity and unity of nation. It may appear
before us in the form of Brahminical Communism, socialism, Hinduism, Nationalism, Linguistics, regionalism, rac-
ism or discrimination but the main source of all the inequalities in India is Brahminism. Therefore Babasaheb Dr.
Ambedkar had stated “Uproot Brahminism the spirit of inequality”. Hence BAMCEF has made this statement as an
agenda of first priority in all of its activities including the program of National Convention.
Keeping these points and their contexts in mind the 26th National Convention is being organized. There-
fore we earnestly appeal to the Mulnivasi Bahujan Samaj to whole heartedly contribute in form of physical, finan-
cial and intellectual participation in this convention to make it a grand success.
Jai Bhim! Jai Mulnivasi!!
Date : 28th September,2009 (Ashok Vijayadeshmi)
Place : Central Office, New Delhi
Yours in Mission
Dr.L.J.Kanhekar
National General Secretary

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UN set to treat caste as human rights violation

Posted by samathain on October 8, 2009

Samatha

discrimination based on caste is human rights violation. U can’t abolish caste as every hindu is assigned a caste at birth. this is an
identity. What this declaration is calling for, is that social sanction
and indirect support by state machinery for caste based persecution
can be challenged in international courts. This enables international
recognition for brutal injustice in the name of caste based hatred. What
international audience tend to view as clan war and cultural prejudice can be treated as “human right violation” now on. This will enable human rights watch groups to monitor caste based injustice too.

Government welfare policies use caste as one of the criteria because it is a practical and realistic way to target people who need assistance. Just like you target sex workers, lorry drivers, taxi drivers etc for AIDS welfare schemes. So reservations based on quotas for SC/ST/OBCs would still be required. Infact, it is necessary to extend it to extreme poor and converted dalit muslims or dalit christians.

This should encourage intercaste marriages as opposition based on caste violates human right to choose a life partner.

Satinath Choudhary

However, the million dollar question is how to empower the vast majority that languishes below poverty level, of which the SC/ST can be looked upon merely as only the tip of the iceberg.

I think the two main tools that lend themselves towards catapulting small minorities into stratosphere, enabling them to control the whole country of impoverished people are: (1) First-past-the-post (FPTP) system of election, which enables a small dominant section of the country to take political control of the country in spite of its minority status. (2) Deciding most employments and admission to colleges, etc., mostly on the basis of so called merit-test.

(1) I think the sooner the world community recognizes FPTP to be a most pernicious tool of unfair distribution of political power, which happens to be the mother of all powers! The sooner the world gets rid of it, the better we will be. Had it not been for FPTP, the US Congress would not have allowed Bushes and Regan to be as destructive as they were. Actually, all elections for a single post are basically FPTP, as such even the direct elections of President should be abolished. In fact, a single person should never hold any significant position of power, particularly not at the very top. Most positions should be held by collectives of people – the way the Election Commission of India (ECI) works; the way the Swiss Federal Executive Council works; and the way multi-seat benches of juries and jurists work.

(2) As for deciding employments and admissions, all “merit-tests” should be replaced by a combination of tests that evaluate reading writing ability together with how many votes of appreciation and esteem from the public with the help of their social work. Without the requirement of votes of appreciation, most civil servants tend to behave as feudal lordships, with absolutely no accountability to the public at large. They treat the public worse than dirt! Every single individual must go to the public for some votes of appreciation, and these votes should have some impact on their jobs and ability to get admission in colleges and so forth. That would turn the whole society into a collective of social workers eager to be of some kind of visible service to them. Most people will behave pleasantly with each other. The whole world is likely to be a different place in that case.

I took a cursory glance at the commentaries of the public with regard to this news. I was expecting a universal denunciation of the news from the usual middle class crowd. However, a lot of people appreciated the news. It was interesting to find that some appreciated the news but at the same time they denounced all reservation policies and some hoped that reservation policies would be discarded.

Source : Times Of India

UN set to treat caste as human rights violation
Manoj Mitta, TNN 28 September 2009, 06:10am IST
NEW DELHI: If the recent genome study denying the Aryan-Dravidian divide has established the antiquity of caste segregations in marriage, the

ongoing session of the UN Human Rights Council in Geneva looks set to recognize caste-based discrimination as a human rights violation. This, despite India’s opposition and following Nepal’s breaking ranks on the culturally sensitive issue.

Nepal has emerged as the first country from South Asia — the region where untouchability has been traditionally practiced — to declare support for the draft principles and guidelines published by UNHRC four months ago for “effective elimination of discrimination based on work and descent” — the UN terminology for caste inequities.

In a side-event to the session on September 16, Nepalese minister Jeet Bahadur Darjee Gautam said his county welcomed the idea mooted by the UNHRC document to involve “regional and international mechanism, the UN and its organs” to complement national efforts to combat caste discrimination. This is radically different from India’s stated aversion to the internationalization of the caste problem.

Much to India’s embarrassment, Nepal’s statement evoked an immediate endorsement from the office of the UN high commissioner for human rights, Navanethem Pillay, a South African Tamil. Besides calling Nepal’s support “a significant step by a country grappling with this entrenched problem itself”, Pillay’s office said it would “like to encourage other states to follow this commendable example”.

The reference to India was unmistakable especially since Pillay had pressed the issue during her visit to New Delhi in March. Pillay not only asked India to address “its own challenges nationally, but show leadership in combating caste-based discrimination globally”. The granddaughter of an indentured labourer taken to South Africa from a village near Madurai, Pillay recalled that in 2006, Prime Minister Manmohan Singh had compared untouchability to apartheid.

Adding to India’s discomfiture, Sweden, in its capacity as the president of the Europeon Union, said, “caste-based discrimination and other forms of discrimination based on work and descent is an important priority for EU”. If this issue continues to gather momentum, UNHRC may in a future session adopt the draft principles and guidelines and, to impart greater legal force, send them for adoption to the UN General Assembly.

The draft principles specifically cited caste as one of the grounds on which more than 200 million people in the world suffer discrimination. “This type of discrimination is typically associated with the notion of purity and pollution and practices of untouchability, and is deeply rooted in societies and cultures where this discrimination is practiced,” it said.

Though India succeeded in its efforts to keep caste out of the resolution adopted by the 2001 Durban conference on racism, the issue has since re-emerged in a different guise, without getting drawn into the debate over where caste and race are analogous.

 


UN’s caste declaration riles India

Source: Morung Express

DELHI – The United Nations Human Rights Council’s (UNHCR) recent decision to declare discrimination based on the caste system a “human-rights abuse” – thereby acknowledging centuries of bias against the world’s estimated 200 million Dalits (untouchables) – has evoked a sharp reaction from India. The UN decision came about despite robust opposition from the Indian government and its aggressive lobbying to get the council to delete the word “caste” from its draft. Instead, the UNHCR is now set to ratify draft principles that recognize persecution of Dalits worldwide. No other country has opposed the move as vehemently as India. This is because the UNHCR declaration has a special relevance to India and its 65 million Dalits – the largest for any single country.
This sizeable demographic is considered “unclean” in India by the upper castes who regard their presence, and sometimes even their shadow, as polluting. It is in this regard that the UN draft pledges to work for the “effective elimination of discrimination based on work and descent”. What most weakened India’s case in the UNHCR was Nepal’s acquiescence to the move. Wresting the opportunity, the council has now called on India to follow Nepal’s example even as New Delhi feels this amounts to “international interference” in a sensitive internal matter.
There’s no denying that the issue of Dalits – who occupy the lowest rung of India’s well-entrenched caste pyramid – is a virtual tinderbox in the country. Despite India’s increasing literacy levels, mounting economic wealth and growing geopolitical heft, the benefits of national prosperity haven’t quite percolated down to low-caste Indians, who are ostracized by mainstream society.
Despite over six decades of independence from British rule, Dalits are still discriminated against in all aspect of life in India despite laws specifically outlawing such acts. They are the victims of economic embargos, denied basic human rights such as access to clean drinking water, use of public facilities, education and access to places of worship. Even constitutional laws, modeled on those framed by the Confederate states in America during the reconstruction period after the Civil War to protect freed black American slaves, have never been enforced by the Indian judiciary and legislature, which are dominated by high castes.
This is indeed ironic as one of this century’s most recognizable global icons – Mahatma Gandhi – was an Indian who crusaded tirelessly against discrimination based on caste or gender. He ensured that the founding fathers of the Indian constitution made special provisions to grant India’s Scheduled Castes, Scheduled Tribes and other Backward Castes special privileges like reservations (up to 33%) in jobs and educational institutes.
So why is there such a hue and cry in India over the UNHCR move? According to experts, the brouhaha has as much to do with politics as with economics and human rights. First, it is not in favor of vested political interests to eliminate the caste system in India as Dalits form a lucrative vote bank. In fact, in a country of a billion-plus population, it would be foolhardy to fritter away this attractive political constituency that dominates large swaths of India.
The prime example is India’s most populous state of Uttar Pradesh (population: 190 million) which has 403 electoral constituencies. Though there are no official figures available, it is estimated that the country’s largest number of Dalits – probably half – reside here. The results are clear; currently the state is ruled by the powerful Dalit-dominated Bahujan Samaj Party, helmed by its redoubtable chief minister Mayawati, who was ranked by Forbes magazine in 2008 at 59 on its world’s most powerful women list.
In 1995, at age 39, Mayawati was the youngest politician elected to the post of chief minister and was also the first Dalit to head a state government. She may well trail-blaze again as India’s first Dalit prime minister as she goes about building an alliance with India’s Brahmins, augmenting the Dalits’ pan-India footprint. (In June, Meira Kumar was elected the first Dalit woman ever as parliament speaker.)
Still, there’s no denying that Mayawati is more an aberration rather than the rule in India. So will the UNHCR move help get Indian Dalits’ global attention followed by aid from bodies like the European Union? Dr Udit Raj of the Dalit-based Indian Justice Party has welcomed the UN move and feels it will focus the international spotlight on the issue provided the “Indian government has the courage to accept there’s discrimination”.
It is unlikely that a single UN resolution will radically change the landscape of social realities in India. Perhaps even the UNHCR is aware of this fact. Can its declaration be a tool to harass India then? Is it a clever ploy to keep the ambitious country on a leash in view of its abysmal human-rights record? The idea could be to push India to be answerable for discrimination based on work, descent and gender.
Some good has already come out of the UNHCR exercise, albeit indirectly. Rahul Gandhi, the architect of the ruling Congress Party’s general election victory in May, has launched a recent drive to uplift Dalits. He is visiting Dalit homes across Uttar Pradesh and has ordered his party members to recalibrate their welfare programs in favor of Dalits. However, many see the Gandhi scion’s move as a larger political game plan to erode Mayawati’s base in Uttar Pradesh.
In other words, the UNHCR declaration is a sword that will cut both ways for India. While it will definitely focus international attention on the issue – and hopefully lead to increased government spending to improve opportunities for Dalits in the country – it has simultaneously underscored the country’s feudalistic and discriminatory ethos. It is this that India is most sensitive about as it tries to wrest center stage in the new global regime.

Neeta Lal is a widely published writer/commentator who contributes to many reputed national and international print and Internet publications.

 

 


Comments

 

Aks,USA,says:A step in the right direction and hope the Government of India has got the guts and political will to do away with the discrimination in all sections all over the country. It is a real shame that even today we get discriminated basing on our names, caste, religion and what not. We do not need these and the only way to weed out this is to empower all the villages and develop on war footing with proper infrastructure including schools (give free schooling), hospitals, roads, electricity and water as a bare minimum. The elected representative should be made accountable and those who do not deliver should be made to be recalled by the public after giving enough notice of show cause. But India (read politicians) would fight this tooth and nail as their political vote bank would be eroded and it applies equally to all the political parties and no bias on this. They do not want the people to be literate lest their vote bank politics would be shown
an early exit.
[28 Sep, 2009 1230hrs IST]

Ajay Meena,JAipur,says:it would be naive to assume that a UN resolution or UNHRC can change social realities in India. Will endup as a tool to harass India.
[28 Sep, 2009 1121hrs IST]

hortense vaughan,auSTRALIA,says: At last after 3 generations of an Independent India the UN has finally found the guts to face and call casteism a violation of human rights. The UN must be pretty dumb to take 62 years before condeming a system which was obviously a blatant abuse of human rights. The fact that India does not agree only highlights the perverted logic and bigotry that has allowed this caste system to flourish. I wonder what the world is thinking about the Indian move for a permanent seat on the UN security council when it can so easily oppose such an obvious righteous move on the part of the UN. Indians have lived with the abolishment of suttee and in time will abandon casteism and then maybe India should be considered for a permanent seat on the Security Council
[28 Sep, 2009 1114hrs IST]

Sam Paul,Secunderabad, Andhra Pradesh,says:Thanks for pointing out this brave and pertinent act of NEPAL. As a participant in Durban Conference and in the Review conference in Geneva this year, it is a shame why the Govt. of India is dodging this issue and not taking a stand. Of course, it is not easy to break the age old hegemony on the lower castes be it Indian Government or UN (it took over 10 years to state the problem!!). Trust more will happen in this direction.
[28 Sep, 2009 1114hrs IST]

Afzal,Nanjing,says:This caste menace must be eradicated from the society. On one hand government has abolished Caste System, on the other people are still recognised by their caste, what a mokery of Government policy?
[28 Sep, 2009 1052hrs IST]

Shyamal Ganguly,Reading, PA, USA,says:If India agrees with the U.N. then about 50% of the bureaucrats (babus, IAS) will lose their jobs. These bureaucrats serve the interests of the CORRUPT POLITICIANS (LALLOO IN BIHAR, MAYAVATI in U.P.) who use caste base for electioneering. Indian bureaucrats will rather be kicked by China in the teeth than join forces to transcend caste based quota based system for rationing favors and collecting bribes in exchange.
[28 Sep, 2009 1015hrs IST]

Raj,Bangalore,says:It is indeed a disturbing news for India. The caste based discrimination has been in existence in India for thousands of years and it cannot be abolished in a single day. Though it is true that no civilized individual would want to have such discriminatiosn to exists in our society. Whatever may be the actions taken by the government and NG’s in this regard, it needs years of efforts before we could completely eliminate this problem from our society. But the move by the UNHRC is without taking the valid concerns express by India. Moreover, the latest move by the UNHRC could be a problem for India in many areas. The west and European countries, the self styled champions of human rights, may use these rules to tarnish India’s image in world forums and may even try to put restrictions on our country’s international engagements. It could well be used by our adversaris to scuttle India’s efforts to get a permanenet seat in th UN security
council.
[28 Sep, 2009 1006hrs IST]

David M. thangliana,Aizawl, Mizoram,says:Why should India be embarrassed to provide rights to its citizens? Low or high castes, aren’t we all human beings when everything is said and done after all? David
[28 Sep, 2009 1004hrs IST]

Nate Gupta,USA,says:Why would India be uncomfortable with this move by UN? Caste system should have been abolished long ago…
[28 Sep, 2009 0957hrs IST]

Raman Sharma,New Delhi,says:Indian Government will be the first one to violate the UN norms by providing the caste based incentives to its citizens. What the Indian government will do now?
[28 Sep, 2009 0949hrs IST]

Jayakrishnan,Singapore,says:

Its hard to understand why India resists this kind of a move. As per the father of our nation “Untouchability is a crime against god and Man”. So does all discrimincations in the name of caste. Its high time India put and end to this nonsense and punish the culprits severely.
[28 Sep, 2009 0947hrs IST]Raj,Bangalore,says:Practically in our day to day life we do not have this religion, caste etc. But this is the backbone of our political system and our politicians can divide people by their religion, caste etc. They can’t divide them as poor or rich which is very easier to do. Instead they follow this path just for their political gain. No UN can change change these corrupt antinational politicians.
[28 Sep, 2009 0946hrs IST]

 

mentabolism,Kuwait,says:Our country will improve, only after its people stop seeing everything through the eyes of religion, caste, color and creed. Once we see ourselves as only Indians, and everything else is secondary, it will inspire us to improve our lot. Otherwise, we will be stuck in the well of our caste and religion… Implementing this requires strong political will, to see humans as they are and not just voter lists…
[28 Sep, 2009 0943hrs IST]

surinder singh sunner,ventura california,says:Brahamchari, pujaree, vparee and shikari turned into four varan and further into cast system according to their work. Now anyone can do anything than why we are still into cast system. Please come out of it we human are all the same. If India comes out of it our great country will achieve new hights.
[28 Sep, 2009 0942hrs IST]

lpaisley,Ft Lauderdale,says:INDIA!The most racist country in the world. About time the rest of the world knows the country’s dirty secret. Racism based on caste,community, religion and economic statue
[28 Sep, 2009 0941hrs IST]

tabsis,banglore,says:casteism comes as a gift from british rule, divide and rule , why follow it and support it when we as a country have moved on and looking towards moon
[28 Sep, 2009 0937hrs IST]

Victor Warrior,USA,says:It is high time India recognizes that it cannot be superpower unless its people practice democracy and social justice. 250 million people,100 million children, 40 million bonded labour cannot live in slavery for ever , based on caste.Every chain is strongest at its weakest link. This is its weakest link.Nation will not live in peace if it is a democracy of the few, by the few, and for the few. We must build a new fraternity through education, human rights and social justice. ALL CHILDREN SHOULD GROW WITH PRIDE AS INDIANS AND NOTHING ELSE! This will make India a stronger, and most powerful nation on earth! Follow Samrat Ashoka!
[28 Sep, 2009 0937hrs IST]

cmsingh,J,says:Definitely a step in the right direction. Kudos to Nepal and shame on India.
[28 Sep, 2009 0933hrs IST]

blindspot,Kolkata,says:UN should FORCE India to remove all these cast based facilities (e.g. 50% reservation for the SC ST OBC) with immediate effect!
[28 Sep, 2009 0931hrs IST]

knight,India,says:Guys – this is not good news. This is international politicking with no good intentions. this will be used as a stick to beat india in international fora and nothing else!! fact is india has taken affirmative action that is unparalleled and unprecedented. more than 70% of seats in educational institutions and colleges are reserved. india abolished caste discrimination in 47 while racial segregation was still legal in many US states till the 70s. Go figure!!!! If there is condemnation then it should be against religious apartheid that is practiced in countries such as Saudi Arabia, Pakistan and some western countries as well…
[28 Sep, 2009 0923hrs IST]

Srinivas Aluru,Mumbai,says:It should not be embarrassing to India that caste based discrimination and marital arrangements are considered a form of human rights violation. What should be embarrassing is that we indulge in such discriminatory practices. Let us own up responsibility and agree with the world that it is evil; and let each one of us work to remove it from our lives. Nature can provide subtle lessons if only we care to listen. To come up with a scientific invention or an engineering or medical breakthrough, nature does not make it any easier for someone because they come from a particular caste or lineage. Unless we build a system based on merit and allow individuals to thrive on merit, we are not doing favors to anyone. Certainly if there are past discriminatory practices that need to be corrected, one may provide an extra push for a few generations. However, the eventual goal should be to encourage merit of every individual and if we make it
easy for any particular community, we are actually harming them in the long run by providing them incentives to forever be left behind.
[28 Sep, 2009 0921hrs IST]

Shaikh,NJ, USA,says:Its a welcome move, that has kept people at disadvantage since dark ages of India. I am still appalled to know that India opposes the move!! Which way you want to head india? Back to dark ages of ignorance, conjucture and human subjugation while worshipping animals?
[28 Sep, 2009 0921hrs IST]

Sunil Sharma,Kuwait,says:While Caste system is a degradation of humanity and contrary to the inherent equality of Man, nay of all living beings, as preached by Lord Krishna in the Gita yet India cannot be singled out as the only country where it is still prevalent and practised!! Everywhere, especially in the Middle East, it is far more apparent in the garb of “Tribal Culture” and “Religious Racism” than it is in India!! It is present in all western countries as “Racism” so why single out India? The word “Caste” was coined by the “British” to suite their occupation of India and to divide the locals by formentinmg acrimony amongst them but the actual literal translation of the word “Jaat” is “Class” while “Jaat” itself is the corrupted version of “Varna”…in the good old ancient days “Classes” in society, in order to protect their own turf, evolved the “Jaati” system with no religious sanction from either the Vedas or the Upanishads”, in order only to
guarantee their own perpetual survival. And forms of this “Jaati” system are prevalent in bigger measure in the entire world! So why single out India? India will do well, instead of being on the defensive, to proactively highlight the presence of “Caste” under different garbs in other parts of the world so that all become exposed to the hypocracy that is being manifested by the UN resolution that is specifically aimed against India!! I hope somebody in the Political circle in India takes note of my comment!
[28 Sep, 2009 0914hrs IST]

Sonia,USA,says:There are various kinds of discriminations based on class, gender, educational qualification, age, etc. All discriminations are bad, but do not necessarily come under the definition of “human right violation.” This development clearly shows that Nepal is now firmly in the Chinese sphere of influence. No one would support caste discrimination, but putting this into UN as a “human rights” issue is only a Chinese ploy to divert world’s attention from its own genocides and real human right violations, and getting a foothold into India’s internal matters and politics.
[28 Sep, 2009 0914hrs IST]

Dharmaraj,chennai,says:Ideal Quota for the down trodden people The purpose of introducing quota system was to facilitate the underprivileged and destitute of society but the present mode of quota system does not help the real needy people. Instead It enrich the creamy layer. It is deplorable to note that even after sixty years of free India more than one third of our population live below the poverty line. The economic condition and standard of life has not improved for the majority of the poor in rural. Though we implement the quota system. It has not benefited the poor and the rural as it was expected. The poor and rural first generation from each community are unaware of the priorities as its lion share of benefits are being enjoyed by the creamy layer of its own community our vote bank politician would not allow to remove the creamy layer . In the present scenario It is not possible to remove the creamy layer but it is possible to make the quota
benefits to reach the poor without removing the creamy layer. In each and every quota category there should be two sects , one is BPL and other is general within the community. In each and every quota category there should be BPL quota within the community . The percentage for the BPL should be fixed in proportion to percentage of people live under BPL in the community concerned. Then only these BPL can taste the benefits which are meant for them. If there is no eligible candidate from BPL in the same community, second generation or well off from the same community may be allowed to enjoy without leaving it to other community. If more than 70% of SC live below poverty line, 70% of SC Quota should be reserved for BPL SC. IF 60 % of OBC live below poverty line , 60% of OBC Quota should be reserved for BPL OBC , remaining may be allowed to General SC and OBC respectively. The tough competitor for the BPL is the rich from the same community because these
people enjoy the great share of the quota without leaving it to the poor in the community. Only if there is two quota categories proportionately in each community , the main purpose of quota will reach the poor in each community. Otherwise quota will be enjoyed by the rich or second generation in each community and the poor in each community will remain unaffected by any kind of quota benefits and the caste system in indial can not be eliminated.
[28 Sep, 2009 0913hrs IST]

Borun Chowdhury,Jaipur, In,says:Its not really clear from the article on what grounds India is opposing such a move. Caste based discrimination is clearly a human rights violation case and one would have to be extremely imaginative in order to paint it otherwise.
[28 Sep, 2009 0912hrs IST]

log51,china,says:we don’t put caste in cv/resume knowing the consequences,then why we need caste for school admission/quota/marriage etc…religion did its best in dividing people ..pls eradicate this virus from society.hope our h’able pm can do this.
[28 Sep, 2009 0910hrs IST]

Pankaj,Delhi,says:Can we have this from today :-) he he.. India has been divided on caste for ages.. let us recognize we are humans oops sorry atleast let us be human beings and nothing else on color caste or creed.. Bury the hatchet guys
[28 Sep, 2009 0910hrs IST]

Sunil Sharma,Kuwait,says:While Caste system is a degradation of humanity and contrary to the inherent equality of Man, nay of all living beings, as preached by Lord Krishna in the Gita yet India cannot be singled out as the only country where it is still prevalent and practised!! Everywhere, especially in the Middle East, it is far more apparent in the garb of “Tribal Culture” and “Religious Racism” than it is in India!! It is present in all western countries as “Racism” so why single out India? The word “Caste” was coined by the “British” to suite their occupation of India and to divide the locals by formentinmg acrimony amongst them but the actual literal translation of the word “Jaat” is “Class” while “Jaat” itself is the corrupted version of “Varna”…in the good old ancient days “Classes” in society, in order to protect their own turf, evolved the “Jaati” system with no religious sanction from either the Vedas or the Upanishads”, in order only to
guarantee their own perpetual survival. And forms of this “Jaati” system are prevalent in bigger measure in the entire world! So why single out India? India will do well, instead of being on the defensive, to proactively highlight the presence of “Caste” under different garbs in other parts of the world so that all become exposed to the hypocracy that is being manifested by the UN resolution that is specifically aimed against India!! I hope somebody in the Political circle in India takes note of my comment!
[28 Sep, 2009 0910hrs IST]

Varun,Navi Mumbai,says:This evil is not only practiced by politicians, but is widespread in the country due to lack of literacy and a firmer education policy. Though the government is trying to spread education to the remotest parts of the country, age-old superstitions and traditions practiced by elders include caste as a valid issue. Along with child-marriages, female foeticide, casteism is a sensitive issue that can only be tackled through education. Why only rural areas, even in urban areas caste is an issue, you can see that in the matrimonial sites. The UN is right to treat caste as a human rights violation. We should follow the example of Nepal and embrace this cause. By opposing this act, we as a country are only showing our backward thinking and accepting our inability to curb this evil.
[28 Sep, 2009 0907hrs IST]

Readers’ Opinions
Comment

UN set to treat caste as human rights violation

radhika,balasundrum,says:Not only there is caste discrimination, there is also age discrmination to apply for various jobs in India. You have to be within certain age group to apply for certain jobs which is ridiculous (eg A person over 35 years of age can’t be a Govt teacher his BED, MED goes wasted even though he is human being and have full qualification including years of experience) and outdated prampara and will take thousand years for Indian leadership to understand that (just like caste discrimination).
[28 Sep, 2009 0856hrs IST]

satvista,chennai,says:Finally it has come up! Yes its high time we leave these Caste systems behind! But this can’t be done in a single day, we need a few years though!!!Gradually we need to merge different communities and finally there will only one!!!!
[28 Sep, 2009 0854hrs IST]

shailendram,Bangalore,says:Awesome news, and most welcome. Will India reciprocate wholeheartedly and take off all caste based discrimination in education and jobs now? Brahmins, Kshatriyas and Vaishyas are facing extreme harassment in India from the hands of majority (Christians, Muslims, SCs, STs and OBCs) which must be removed – minorities must be provided due protection against oppression by majority on the grounds of caste and religion. We are all born equal and must enjoy equal rights.
[28 Sep, 2009 0852hrs IST]

SV,Bangalore,says:Caste based discrimination is a basic violation of human right.Indian politicians kept justifying caste-based-reservation for the advantage of vote bank . In states like tamilnadu where 69% of seats are “reserved”, candidates competing in general category face the brunt of this idiotic practice.
[28 Sep, 2009 0850hrs IST]

Nishit,USA,says:It would be gr8 but I don’t see it happening in India as more than 50% of population (politicians) are dependent on some kind of reservations due to this caste discrimination. But if it happens India would emerge as one of the strong powers and it also changes the mindset of people in India.
[28 Sep, 2009 0841hrs IST]

shakuntala prasad,fiji,says:Yes, we have had enough of caste related discrimination and violence.Just eradicate the whole practice and such beliefs where we identify individuals based on purity of one particular group and untouchability of others.just mix us all; intermarriages between diverse groups will help us break the barriers between human beings.
[28 Sep, 2009 0840hrs IST]

Prasanna Jena,USA,says:Looks like the Catholic Missionaries have been very active in India lately. This is a desperate attempt by the evngelists to pressurize the Hindus.
[28 Sep, 2009 0836hrs IST]

Witan,New Delhi,says:If “caste-based discrimination and other forms of discrimination based on work and descent” is a form of racism, then the undoubted corollary is that “reverse discrimination” is also racism. It means that the 22.5 per cent reservation for SC/ST is racism, and so is the reservation for the so-called OBCs, because such reservations discriminate against the so-called upper castes.
[28 Sep, 2009 0835hrs IST]

Dr.(Prof)Vijay Kumar(Retired)R.U.,Ratu,Ranchi,Jharkhand,says:UN set to treat caste as human right violation and our Law Minister Moily writes to PM for caste-based census.I have already expressed and dispatched my bitter comments on Moily’s demand of caste based census to his PM. Some how till today my comments have been ignored as it could not appear under the head “Moily writes to PM for caste based census”.
[28 Sep, 2009 0832hrs IST]

Sharad,Ballia,says:This is a good step. But humans by nature will keep dividing themselves into castes, region, religion etc. Even the west is not classless and it has never been classless. Bollywood being one of the biggest propagandists of casteless and secular soceity so much foster casteism of their own type where they promote their own kith and kin and any outsider has to struggle to get in, if left at their hands for a couple hundred years they wont let outsider get in. But no doubt the caste based system in India was doing more bad than any good. This is a welcome step, and though humans will never be classless, I wish we have a soceity where everyone has the freedom to “pursue” what he/she wants to be and do and his/her birth or way of living or faith causes him/her to face any discriminiation or special treatment.
[28 Sep, 2009 0831hrs IST]

 Raj,-,says:The weak can never forgive. Forgiveness is an attribute of the strong.
[28 Sep, 2009 0830hrs IST]

Sri,California,says:Super! We Indians are making so much of a noise when some of our country men are getting beaten up in Australia saying that it is racism. Casteism is a even bigger crime. it is even bigger than Racism. it has been coming in our country for so many years and so many people undergo so much pain everyday in our country because of this. it is time for other countries to take note of this and make it an international issue and force India to take even more serious actions.
[28 Sep, 2009 0827hrs IST]

? Shah,Chicago,says:Are they ready to accept discrimination based on skin color as human rights violation?
[28 Sep, 2009 0827hrs IST]

Indian,USA,says:During the last presidential election, Republican contenders including John McCain said that ONLY A CHRISTIAN should and can become the President of US. How different is this from caste system and why is America preaching to the rest of world when they do not practice what they preach! We Indians blindly accept and follow what America says but never bother to check if they do as they say!
[28 Sep, 2009 0825hrs IST]

Vikas Chawla,Boston, US,says:i absolutely love this. Political elite class in India would like to use the caste to its advantage. I can’t believe Indian government can publicly state that they are against tackling the menace of casteism.
[28 Sep, 2009 0820hrs IST]

Sumeet,USA,says:Very welcome move. The caste based discrimination in Indian govt and education is finally being recognized by the world. Shame on India for opposing it. And India calls itself a democracy!
[28 Sep, 2009 0819hrs IST]

Kaushal,USA,says:This is very good move of UN – first time ever considering Indians a human being. At the same time, it is very disgusting to see Indian government opposing it. Caste, the way it was practiced in past few hundreds of years, and the way it is practiced today to discriminate and select candidates based on caste & religion; is absolutely a human right issue.
[28 Sep, 2009 0815hrs IST]

==??vibhav,india,says:this piece of news is really great but in today’s india upper caste children people feel discriminated. there are whole lot of subsidies and reservations for lower caste so in any case a welcomed news…and hope this will force the indian politicians to remove casteism as a whole…..
[28 Sep, 2009 0812hrs IST]

Dr.(Prof)Vijay Kumar(Retired)R.U.,Ratu,Ranchi,Jharkhand,says:UN Human Rights Council in Geneva may recognise “CASTE BASED DISCRIMINATION AS A HUMAN RIGHTS VIOLATION” on the first instance it appears to be CORRECT but issue of Nepal’s breaking on culturally sensitive matter/point must get the specific attentions of the world as such cases are being interpreted in their own terms by many contries.
[28 Sep, 2009 0811hrs IST]

Shekhar,Bangalore,says:If only this leads to abolition of all the “reservations” we have in place… *sigh*
[28 Sep, 2009 0801hrs IST]

?RS,Manila,says:Caste should be dropped. Affirmative action as regards Educations and Employment should be based on “economically backward” only — it’s a shame that India from the inception of its Reservation Policy took into consideration Religion-Caste, saying that only Hinduism acknowledges caste and so, only Hindus are entitled to affirmative-action benefits.
[28 Sep, 2009 0800hrs IST]

?Nikhilesh,Vietnam,says:Yes; it time for India to part ways from caste system. Such system was created to increase efficiency in the society but it turned out to be a weapon to dominate poor by the handful few. We shuold stop quoting caste in official certificates in schools/marriages, ban caste based advertisements, jail leaders if they ask vote in the name of caste. It is going to take another 100 years to bring a concrete change but we have to start somewhere to eleminate this old system.
[28 Sep, 2009 0758hrs IST]

Selvam,India,says:Great Stuff!
[28 Sep, 2009 0757hrs IST]

Shyam,Noida,says:This is just a childish thought by the UN. Nobody can remove discrimination from the world, it may be called “caste” or “birth” or “wealth” or “nationality”. The world is a place of suffering and everybody here is bound to suffer one way or the other. We are born as per our previous karma, although caste must be decided by the traits in one’s character. As per Vedic scriptures , nobody is born a brahmin, especially in Kaliyuga. Rather everyone is born a sudra. However, one who exhibits a saintly character is to be honored and regarded as a “Knower of God” or “Brahman”. Nobody can deny that different categories of human beings exist on the earth. Of course, from “ahaar-nidra-bhaya-maithunam” point of view they all seem equal. However they differ due to their degrees of spiritual consciousness. The UN as a body of atheistic persons cannot understand all this. They cannot change anything either!
[28 Sep, 2009 0747hrs IST]

sai ,chicago,says:This is awesome – caste system had destroyed the lives of innocent millions. Though it is propagated by the politicians, it has been adopted by the people who like the convenience of it. It’s sad that during my college days, I went to a good school with 98% score and the guy sitting next to me 53% – why caste system and by the way, he was richer than I was so it wasn’t the money. Why does he need to relinquish the comforts it provides? So this is should be treated as a pandemic and nothing less – caste system destroyed the lives of innocent millions back in the days (for the so called backward castes) and it continues to destroy the lives of millions today (of the so called forward castes) – we can either wait for the cycle to reverse or move and cure this infection now. I support the UN resolution whole heartedly and I hope EU and others put enough pressure on India to change this – unfortunately EU needs trade relations more than
curing this infection so we’ll just have to wait and see.
[28 Sep, 2009 0747hrs IST]

Chithra KarunaKaran Ethical Democracy,NYC,says:India has nothing to hide on the caste issue. We have far to go on caste-based discriminatory practices in our ancient, vast, complex social structure. Let the evidence speak. Transparency is needed. India can be proud of the progress we have made. But that does not mean we don’t have much more to do. But if the UNHRC insists, India must insist that Racism, Ethnocentrism, sexism, Patriarchalism, Zionism, Tribalism and other categories which are significant bases for discrimination be simultaneously included.
[28 Sep, 2009 0742hrs IST]

Amin,Chennai,says:Inida should fix a timeline for ending caste based reservation system, never ending rigid reservation policy and quotas would do no good for the society and should revise its education system so that it encourages practical way of teaching and examination.
[28 Sep, 2009 0742hrs IST]

aravind,reddy,says:I have never commented before but this is very tempting. Now you know that Indian political leaders favour caste based discrimination in college admissions and government jobs for their personal and political gains. This is screwing up India and life of meritorious aspirants. If UNHRC passes this resolution it would be a victory for humanity. Hats of to UNHRC….
[28 Sep, 2009 0736hrs IST]

divya,new york,says:how about UN treating income discrimination based on gender, ethnicity and race in the US as a human rights issue?
[28 Sep, 2009 0736hrs IST]

Anejat Shyam,Allahabad,says:Finally World has woken up to plight of millions. Unless we Hindus banish this discrimination based on caste, we are nothing but doomed. Jajo Bharat, jago!!
[28 Sep, 2009 0735hrs IST]

Readers’ Opinions
Comment

UN set to treat caste as human rights violation

SK,USA,says:This is good news. This will ensure that the politicians will not be able to garner votes based on caste. Striding towards a caste free India will ensure all round progress.
[28 Sep, 2009 0733hrs IST]

Naik,U.K.,says:India has to eventually give in for UN proposals and rightly so. Caste system is so discriminatory then we have language, skin colour, north vs south to add on top of that. Even the so called modern youth select their match using caste based data from matrimonial websites. Sooner we realise how outdated our system the better.
[28 Sep, 2009 0728hrs IST]

Rohan,London,says:Why does India oppose this? Is it the Indian govt influencing this or the upper caste bureaucrats in the govt The main reason we are undeveloped is the caste system, which is worse than racism. It is time we eradicate that
[28 Sep, 2009 0728hrs IST]

Bijesh,Singapore,says:Thats a great news. Hope at least with this movement, the evil of caste system gets eradicated from our country…
[28 Sep, 2009 0725hrs IST]

kumarasamy,chennai,says: In India the cast system has been penetrated everywhere.in Metro this is covered or not felt just because everone is busy on their work.Govt can not completely eliminate this but they hide and manipulate the figures. even Political leaders have problem created based on caste . Ms.Karat was recently facing stiff resistance to reveal the actual facts..she could not visit a place in Madurai/TN till Govt officials set things changed/hidden.even now two glass system is adopted in rural areas and one group of people still can not ride cycle in that of another group. some time even walking with out cheppal is not permitted.. those lower caste people will never wish to cross the street of upper caste people to save their own life.. still atrocity persists..
[28 Sep, 2009 0721hrs IST]

vij,usa,says:Better late than never. If India has to progress, it must get rid of this accepted practice of casteism.
[28 Sep, 2009 0717hrs IST]

Sharath,Sydney,says:And why is India opposed to this in anyway? However, I would like to state that the definition of caste based discrimination should be broad and wide. It should not merely include high castes discriminating against low castes, but the other way round as well. And also, low castes discriminating against other low castes and high castes discriminating against other high castes. I use the term High and Low caste as only a formal label as used by the government and public in general. I do not in any way mean to imply that someone is inferior or superior to someone else based on caste.
[28 Sep, 2009 0708hrs IST]

Mel,Narre Warren Australia,says:India with its disgraceful caste system has the impertinance to brand Australians as racist.
[28 Sep, 2009 0705hrs IST]

s thakur,pune,says:Finally, someone sees what caste system has become for real. It is invention of olden times which needs to be demolished as it has no relevance in today’s progressing world. For politicians it has become the rally call whether to drum up support or divide the people. This is an evil system with no value addition to society and like many other systems present in olden times in other parts of world, this also needs to be dismantled.
[28 Sep, 2009 0704hrs IST]

Chintan Dave,Sydney,says:Finally, UN is wise enough to do this…….. India is discriminating its own people based on the laws that were created in the ages of dinosaurs from which we need to come out if we want to be recognised and respect as one of the strongest nations on the planet. Shining India needs to set an example and come out from this caste based system where everyone hates everyone just because they are of different caste or religion or sub-caste or whatever pathetic name they have given to it. ……………………. When these so-called opposition goes abroad and to other states within India they complain and cry that they are racially abused and attacked or whatever they call it because they are of different color, who are we to decide that certain caste is only allowed to do certain work. India needs be mature enough at least in this 21st century where even the western world is coming out of its white extremism faster than expected
just look at South Africa, no wonder we have so many civil wars going on within our homeland…………….. Jai Hind
[28 Sep, 2009 0656hrs IST]

Ashok,CT, USA,says:Awesome, i do agree with US. No one in India wants Casteism. This is political leaders want to keep alive for their political benefit.
[28 Sep, 2009 0650hrs IST]

Umesh,USA,says:Indian politicians purosely practice caste politics for votes. Indian government discriminates students applying for medical and engineering colleages based on caste which is very wrong and dangerous – a bad doctor is a dad doctor irrespective of his/her caste. In government offices, people with certain caste are discriminated. India should abolish is discrimination and make selection/promotion merit based. India is such a “third rate” country – not just poverty but morally bancrupt.
[28 Sep, 2009 0627hrs IST]

singh,usa,says:excellent, now practice this damn thing so that this evil could be curbed!
[28 Sep, 2009 0616hrs IST]

mazhar,mumbai,says:Even puny states like Israel and Taiwan dont care for UN. India will be denied a Security Council Membership forevery anyways. So there is no need to loose any sleep over this matter.
[28 Sep, 2009 0602hrs IST]

Ponnuswamy,Chennai,says:It’s ridiculus on part of Indian Administration opposition to UN effort to treat caste as human rights violation. The Indian Goverment opposition to the resolution shows the bonless tonque of Indian rulers who use Gandhi & Ambedkar for vote.
[28 Sep, 2009 0450hrs IST]

??Amit,USA,says:I suppose it is a good move. India’s quota based policies for lower caste people can then be challenged and reversed under law. It is unlikely that Indian polity will ever find a way to drop their quota culture. Further, Indian-origin people may be able to claim refugee status in other nations due to the discrimination and threat to life they face in India.
[28 Sep, 2009 0348hrs IST]

Posted in Caste Discrimination, Caste Issues, Current Affairs, Dalit Issues, Recent News, Reservations, Welfare Schemes | Tagged: , , , | 2 Comments »

Parliament approves SC/ST reservation Bill

Posted by samathain on August 30, 2009

Source: The Hindu

J. Balaji


Bill seeks to extend the reservation beyond January 25, 2010

Rajya Sabha passed the Bill on Monday


NEW DELHI: Parliament has adopted the Constitution (109th amendment) Bill, 2009, for providing reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and the Legislative Assemblies for another 10 years, with the Lok Sabha approving it by division of votes on Tuesday.

The Rajya Sabha passed the Bill on Monday. The Bill was adopted with an amendment by the government.

When the Bill was taken up for consideration in the Lok Sabha and put to vote later, 375 members voted in its favour. One member opposed it and another abstained from voting.

The Bill seeks to extend the reservation beyond January 25, 2010, when the time period of 60 years under Article 334 of the Constitution lapses, and also to extend the nomination of Anglo-Indians to the Lok Sabha and Legislative Assemblies by another 10 years.

Law and Justice Minister M. Veerappa Moily, who moved the Bill, said of the 543 seats in the Lok Sabha, SCs had 79 and STs 41.

“Change of heart”

Similarly, of the 3,961 seats in the Legislative Assemblies, SCs had been reserved 543 seats and STs 527.

Urging the House to adopt the Bill, Mr. Moily said there should be a “change of heart” in society towards SCs and STs.

“We need to travel more distance to ensure they join the mainstream. We must practice inclusive politics and not exclusive politics…fragmented politics,” he said.

Posted in Current Affairs, Dalit Issues, Recent News, Reservations | Tagged: , , , | 1 Comment »