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Archive for the ‘Reservations’ Category

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 »

Women’s reservation Bill — A Compendium

Posted by samathain on March 13, 2010

(Samatha)

There is lot of expectations about Indian women setting the standards of our parliament once the “Women’s Reservation Bill” is passed. No doubt, this should usher in an era of gender equality at a political level. First of all, politics has become the exclusive domain of the rich and the powerful thanks to the culture of party tickets. So that is an already privileged class. This bill would confer political privileges to the women ( mostly from the existing political families). Would these women to speak on behalf of millions of other toiling, oppressed poor women ? Shouldn’t it be women who are more likely to be socially active with real experience of the problems. That seems more like dalit/OBC/Minority women. A sub-quota for them would bring their valuable experiences and problems to be voiced effectively. They are the ones with hands-on background. If not for the reservation in panchayath elections, many of the village women would not have go an opportunity. If you look at the success stories of women in panchayaths, almost all of those women are either dalits or backward castes. Not having sub-quota for them would keep this marginalized group voiceless. Our legislations would not benefit from the opinions and perspectives of these women who suffer the most. There is no question about women from dalit/OBC/minority backgrounds have been kept out of political power with very few exceptions.

Earlier, 20 out of 100 used to be reserved seats for SC/ST. After women’s bill, 67 seats would be available for men, Out of these only 13 are going to be reserved. Remaining 33 seats would be for women only. Theoretically, some of these women could be dalits. This scheme defeats the purpose of more inclusive representation. Effectively. dalits would lose their privileges by almost 33%. This is a huge cost.   This would violate constitutional mandate that 20% of seats should be reserved for dalits. Only way to keep this consistent is by reiterating clearly the sub-quota for dalit women in the 33% of seats reserved for women. Repeated claims of “no sub-quota within the quota” makes it clear that dalits are losing reserved seats by almost 33%. Having 20% sub-quota within 33% seats reserved for women would ensure that 0.2×33~6.6~7 seats reserved for dalit women for every 100 seats. This would make sure that a total of 20 dalits ( 13 dalit men+ 7 dalit women) for every 100 seats would be represented satisfying the constitutional mandate. But current proposal is reducing number of seats for dalits by 7 for every 100 MP seats.

Most candidates depend on the party to campaign & win the elections. Parties regularly issue WHIPs to get their members to follow the line in voting for a legislation. This does not allow any of the MPs to register their personal opinions and perspectives without risking ejection from the party.  This is not good for democracy. Whether the new legislation would enable Women to voice their demands is questionable. But, definitely, we will get to hear the women perspective on various bills. With the current process, one needs to defect or start a new party if they vote against the party’s dictates. One wonders why this WHIP system is needed ? Same way, one wonders why reservation for women is NOT helping the really oppressed, suffering women from dalit/OBC/minority groups. Instead, it is conferring privileges to an already powerul, elite section of upper caste women. Reservation is supposed to uplift the weaker sections of the society by enabling their voice to be heard in the parliament. Weaker section is not the women from the elite, upper class. It is the women from dalit/OBC/minority backgrounds. Without providing for them using sub-quota, this bill’s basis for reservation is questionable.

Principle of reservation is to help the WEAK, so that the representation is not monopolized by the STRONG alone. It is an insult to use the system to favor the STRONG. Government is talking of supporting the weaker sections and in the name of helping the weaker sections, it is brazenly strengthening the powerful classes of the society at the cost of the dalits/OBCs/minorities.

SP is already disowning the demand for sub-quota. They are probably under the illusion that less number of seats for dalits mean more seats for themselves. As they represent OBCs/Minorities, they can not really afford to be joining hands in making sure that marginalized women don’t get their due support in the bill. They have to understand that the bill is guranteeing 33% MP seats to ELITE women, which does NOT represent their constituency. It is completely against their party ideology of social justice. In fact, it is a BRAZEN Mockery of social justice as they are using a well known tool for empowerment of the marginalized people, reservation system, to actually strengthen the ruling class. It is not the women from ELITE classes who are in need of voice  in the parliament. It is the women from dalit/OBC/minority background suffer the most injustice and discrimination.  Having no sub-quota for these deserving women in the proposed bill actually defeats the very purpose of the bill. Concerns of ELITE women does NOT reflect the problems of the vast majority of indian women. They are not victims of rape, dowry, honor killing, female infanticide, gender discrimination at job, sexual abuse, sexual harassment, domestic violence or fetching drinking water for the family etc. ELITE women are not going to be any better than our existing MPs in adding new perspective to legislations. The value they bring to the parliament is limited, compared to mandating sub-quotas for the marginalized. One can not help feeling OPENLY ROBBED with utter disregard for the concerns of the poor and the downtrodden.

Without doubt, this legislation is revolutionary, but without the sub-quota it is a Big Time Injustice to dalits and all oppressed women. Under the grab of gender based reservation, an attempt is being made to change the colour of our parliament to be mainly Upper Caste, educated and the powerful.


Let’s junk the hypocrisy

Source: Indian Express

From a strictly constitutional position, one can argue that a radical change in the electoral system would constitute an assault on a “basic feature” and would thus go against the celebrated Keshavanand Bharati judgment. We already have completely discriminatory laws, for instance, women pay less income tax than men. This absurd proposition seems to forget that it is income that is taxed and income does not have any gender. If the Congress-BJP-Left combine to push through this measure, I believe that the opponents will have a strong case to get it struck down by the Supreme Court. The present franchise system — no separate electorates, reservation for SCs and STs, nominated seats for Anglo-Indians, etc — did not come out casually or by accident. The Constituent Assembly discussed and debated these matters at length, and guess what, consensus was obtained. The Muslim members of the assembly supported the abolition of separate electorates. For the Congress-BJP-Left upper caste leadership to ram down a major constitutional change that can have implications similar to the Minto-Morley reforms, pretending to be women-friendly while actually improving their own electoral prospects, is a dubious measure. On this one, believers in constitutional rectitude must support the SP, the RJD and the BSP — even if their parliamentary tactics are too noisy for comfort!


Woman power


Source:  Frontline

The issue that has fired the imagination of women in India in recent times is their demand for reservation in Parliament and the State Assemblies.

V.V. KRISHNAN

Women Members of Parliament of various political parties unite to demand the tabling of the women’s reservation Bill, in November 2007 in New Delhi.

“WOMANPOWER stalls Musclepower”, announced a newspaper headline the day after the women’s reservation Bill was placed yet again in Parliament on May 7.

Surely, the headline highlighted a very basic challenge facing Indian democracy both inside and outside Parliament. While it would appear that a long struggle lies ahead for representative politics in India to become truly representative of popular will, aspirations and interests, it must also be recognised that if there is one issue that has fired the imagination of women across the country in an explicitly positive sense over the past decade and more, it is the demand for 33 per cent reservation in the Lok Sabha and the State Assemblies.

What were the factors that propelled the demand for the Bill?

The demand was a logical continuation of what had been achieved relatively easily at the level of local representative bodies after the adoption of the 73rd-74th amendments to the Constitution in 1993. There have been many attempts to understand why women want greater representation – including the theory that they are driven by compulsions as crass as naked political ambition or that they desire important positions! Some may even believe that the demand comes from international platforms such as the Beijing Conference in 1995 where women’s role in decision making was seen as a mark of achievement. Others may see in it an expression of “feminist” politics coming of age.

Somehow, none of these recognises the basic fact that women contribute equally to this society with men, that they demand and deserve a share in decision making with regard to policies and planning, and that their struggle for equality is today an integral part of the struggle of the Indian people to ensure the strength and stability of Indian democracy.

Sustained campaign

Amidst this welter of views, it may be useful to put on record the extent to which the demand for 33 per cent reservation galvanised women in a sustained campaign spread over nearly 15 years now, notwithstanding the ‘drama’ enacted in Delhi before every Parliament session. First, as anyone who has been actively involved in the contemporary women’s movement would vouch for, the question “Didi, what is happening to 33 per cent?” has come up in virtually every corner of the country over the last decade.

The demand for women’s representation in elected bodies has perhaps featured in every other memorandum at the State and Central levels, in discussions, workshops, training programmes and interactive discussions across the regional divide. It has been raised by the so-called autonomous women’s groups, by the more political mass-based organisations, and by women’s wings of political parties, thereby cutting across the so-called divides within the movement. A mass protest before Parliament in the summer of 1998 drew an unprecedented response, with nearly 10,000 women landing up in New Delhi to press the demand.

There has perhaps not been a single Prime Minister or Lok Sabha Speaker in the past decade who has not been petitioned or has not had to field questions from women representatives on the subject. It is one issue on which leaders of political parties have been petitioned several times and quizzed on why this demand has not featured in their election manifestos.

The issue has drawn in scholars, activists, policymakers, media personnel and even members of the Election Commission, who are normally not drawn into such controversies.

With the notable exception of the Left parties, which have consistently backed the demand, verbal support for it has come in wavering undertones from some parties (such as the Bharatiya Janata Party and the Congress), while the opposition to it has been strident in others such as the Samajwadi Party and the Rashtriya Janata Dal. Women activists have made public their distaste for such “patriarchal” mindsets even as they have debated the question of patriarchy and searched for more nuanced definitions of it.

Meanwhile, women continue with their dharnas, memoranda and petitions, and leadership training camps even as they engage with the dilemmas and challenges that representative politics poses for the women’s movement within the context of globalisation and a state that is committed to a neoliberal economic agenda.

Furthermore, the issue has brought women in the South Asian region closer through all the turbulence of the past two decades – military rule, the struggle against monarchy, and the divisive conflicts thrown up by fundamentalism and ethnic strife. There were ironies that emerged.

R.V. MOORTHY

Women from Bihar on a visit to Parliament House. A file picture. The social base of women entering panchayat bodies has broadened and now includes a cross-section of women from underprivileged groups.

The same women from Pakistan who despaired of any kind of representation given the virulent opposition to it from fundamentalists in their country managed to inch their way to 22 per cent representation in their parliament.

However, in India, where the campaign has been stronger and more widespread, the record is poor. The highest representation of women was a dismal 9 per cent in the Lok Sabha in 1999 and 15.4 per cent in the Rajya Sabha in 1991. Indeed, in 2005 the percentage actually came down to 8.2 and 11.4 respectively.

Push from below

The women’s movement’s decision to foreground the demand for reservation in the 1990s marked a shift in stance as until that point it had upheld the historical legacy of the freedom struggle in respect of the rejection of reservation by the pre-Independence women’s movement. In fact, a majority in the Constituent Assembly rejected a proposal for reservation for women.

In independent India, the Committee on the Status of Women in India (1975) discussed the issue of the low participation of women in elected bodies. It, however, rejected the demand for reservation, with Vina Mazumdar and Lotika Sarkar registering their dissent.

Undoubtedly, the real push for reservation came from below, after the enactment of the 73rd and 74th constitutional amendments in 1993. The entry of women into rural and urban local bodies forced activists to sit up and take stock of the ground reality in ways they never had to consider before. Those contesting the local body elections were willy-nilly drawn into “party politics”, as it was referred to. Many of these women who were elected found themselves ill-equipped for the job. They were forced to draw on whatever support was available, family or otherwise, and even before they were given a chance to perform they were derided for being “proxies” and “rubber stamps”.

Nevertheless, they plodded on, taking vested interests head-on. After all, if India lives in its villages, so does a significant section of its ruling elite, along with power brokers, criminals, extortionists, conservatives, reactionaries and militants. It was these deadly forces that these uninitiated women representatives of elective politics had to take on all at once.

As if that was not enough, before they could even contest they had to pass the test by fulfilling a long list of eligibility conditions. Consider, for instance, clauses that sought details on criminal proceedings pending against them, details of outstanding or unpaid loans, indeed clauses that would make many a parliamentarian or legislator wince in guilt.

To add to this, they became subject to a clause imposing a two-child norm for elected representatives. This formed a part of the population policies adopted by many of the States and endorsed by the Supreme Court in its misplaced wisdom.

Further, even as the demand for accountability and the right to recall State legislators and parliamentarians simply floundered, women elected to panchayat bodies faced an extraordinary backlash. In several panchayats women faced no-confidence motions that were brought in, and adopted to dislodge them, by those whose interests they threatened. These powerful groups comprised contractor lobbies or land mafia-backed criminals who wished to corner funds allotted for development activity at the local level. Some of them allied themselves with upper-caste sections who had hitherto enjoyed the benefits of these allocations.

Women representatives’ refusal to comply with “instructions” given to them or to buckle under these pressures was met with no-confidence motions, physical threats, criminal/sexual assaults on them or family members and, in some cases, even murder. This, even as they juggled their “traditional” roles and new responsibilities.

Despite the backlash, representatives of the women’s movement have assessed this experience positively and chosen to push for 33 per cent reservation in elected bodies at the higher levels too.

Positive outcome

In fact, the positive outcome of representation is evident at several levels, starting with enhanced participation and the emergence of women’s leadership at the level of local self-government. The social base of women entering these bodies has broadened and now includes a cross-section of women from under-privileged groups – those that suffer economic deprivation and social and caste discrimination. New developmental priorities emerged with women entering panchayat bodies.

Thus the women’s movement’s subsequent demand for 33 per cent reservation in State legislatures and Parliament arose out of a recognition of positive interventions and of the experience of women members and chairpersons of panchayats in different States, specifically Karnataka, Maharashtra, West Bengal and Kerala.

Sometimes the intensity of the conflict was greater in the supposedly backward States. Although this experience has been varied, uneven, and State- and locality-specific, it has enriched people-friendly governance, and its measurable success has strengthened the demand for reservation at higher levels.

Why is it important to place these facts on record?

The pressure from below to engage with politics in a meaningful and positive way comes at a time when the elite classes of India are united in hijacking politics to serve their own vested interests, thus spreading a certain cynicism towards politics, particularly amongst the Indian middle class, which conducts a continuous tirade against the “political class”.

Further, the wave of depoliticisation sweeping across the world since the 1990s has left the women’s movement in other parts of the world facing fragmentation – even disintegration – and certainly seeking fresh moorings. Given the context of this phase of politics, marked by the ‘end of ideology’, can the women’s movement in India afford to ignore the push coming from below for a more direct engagement in politics?

Significant issues have been raised in the course of the debate around the Bill over the past decade. Broadly these relate to the mode of ensuring increased representation of women; the quantum of reservation and the manner of its implementation; and lastly, the issue of quotas within the women’s quota.

First, let us look at the number of proposals as alternatives to a reserved quota for women. There have been suggestions for double-member constituencies; for an increase in the overall number of seats in the course of delimitation, whichwill automatically improve women’s chances; and even reservation within the list of candidates put up by parties.

These proposals raise more issues than they settle. For instance, on the issue of double-member constituencies, can only women represent women? Or, can women not be represented by men? Such tokenism or biological essentialism can never be the terrain on which women can argue their case.

The delimitation exercise has already reached an advanced stage and it is simply not feasible to incorporate women’s reservation within its terms of reference.

Whereas there is no disagreement with regard to parties putting up more women candidates, in the current situation of fractured mandates and coalition governments, the importance attached to a candidate’s winnability by the party makes it unrealistic to expect that they will pay heed to such a proposal.

Two objections

Opposition to the Bill has come up on two major grounds. First, given the wavering support for the Bill even among those who do not oppose it, some have argued for a diluted demand. Why not settle for 15 per cent or even 20 per cent? some well-wishers ask.

Pro-reservation activists have stood their ground on two main counts. First, they point out that while successive governments took the plea that they were waiting for a “consensus” to introduce the Bill, the fact that the Bill had been referred to a Joint Select Committee, which submitted its report in 1997 under the chairpersonship of the late Gita Mukherjee, was conveniently buried. Women activists have rightly said that the Bill, drafted along the lines of its recommendations, be placed in Parliament and debated forthwith without any bargaining.

Secondly, they have stood their ground on the principle of 33 per cent as it will provide the necessary critical mass for women to make an impact. Further, if there is a compromise here, it could spur efforts to scale down one-third reservation in local bodies as well.

The second major objection to the Bill is more complex as it apparently uses a weapon from the arsenal of the women’s movement against itself. If greater inclusiveness is a goal of reservation, then what of the marginalised groups from amongst women? Can the goal of inclusiveness be achieved without inbuilt sub-quotas for Dalits, Other Backward Classes (OBCs) and minorities?

The debate has privileged the issues of ‘non-homogeneity’ within women as a category and the politics of ‘presence’ in the context of the marginalised sections more sharply, and has built pressure on the women’s movement to be ever more sensitive to the histories of discrimination and exclusion on the basis of caste and religion.

OBC representation

There are several issues involved here. First, a quota for Dalit women will form part of the reservation for women as per constitutional norms.

Secondly, why have those parties and forces that have used this as a plea to reject the Bill not placed before Parliament concrete proposals on reservation for OBC categories at a more general level? Also, if OBC representation in representative bodies is going up, then who is responsible for blocking the entry of women from these sections coming into the same bodies?

Finally, while it is true that majority fundamentalism has targeted and further alienated women belonging to religious minorities, it is unclear whether this issue can be addressed within the purview of this Bill. Reservation for minorities is a matter that requires constitutional amendments of a more complex nature.

The demand for religion-based rights and reservation was debated at length when the Constitution was being drafted, and was rejected on the basis of a clear understanding of secularism and democracy. The majority of women’s organisations today would, therefore, reject a demand for re-negotiating this issue. As the Sachar Committee report highlights, the problems of minority rights and reservation have to be addressed at multiple levels.

In other words, the reservation Bill cannot be a piece of catch-all legislation that should address all historical inequalities and challenges women face before it can settle the issue of women’s reservation. In fact, it is in recognition of this reality that many women’s organisations have made concerted efforts to reach out to women from the minorities and other marginalised sections in an attempt to address the specific discriminations faced by women of these sections and to take forward the discussion on democratic rights. This has often brought them into conflict with fundamentalist forces from both within and outside minority communities.

Interestingly, the issue of caste and its links with patriarchy has been central in much of the academic writing in women’s studies with some interesting critiques of Brahmanical patriarchy from a non-Brahmin perspective. These have focussed on issues of consciousness and perception from both gendered and caste-based perspectives. While that has added to the complexity of the debate within the movement, it should not be assumed that the political forces opposing women’s reservation in the name of caste necessarily share the same concerns.

In fact, the disconnect between historical movements or individuals who foregrounded issues of caste before 1947 and the present-day champions of caste-based reservation could not be sharper. Despite their ideological differences, leaders such as E.V. Ramasamy ‘Periyar’, B.R. Ambedkar, Mahatma Gandhi, Ram Manohar Lohia and E.M.S Namboodiripad located the institution of caste within the framework of pre-capitalist relations and ideology. Some of them successfully mounted a challenge to it because they firmly placed the struggle against caste within the context of anti-imperialist and anti-feudal struggles. Also, from their varied perspectives they shared a commitment to equality for women.

In contrast to this, some of the modern champions of caste and reservation neither understand the material basis of the phenomenon nor challenge the context of globalisation and liberalisation within which caste operates. They merely press for representation based on identity and are at best silent on the subject of women’s equality.

To conclude, the debate around the women’s reservation Bill has thrown up interesting questions. It has generated a significant political momentum. In the event of its passage, it will create the conditions for meaningful interventions by women in particular, and progressive forces in general, in the struggle for a more egalitarian and humane path of development to take India forward.

This is necessary if social justice, inclusiveness and the right to dignity are to acquire real meaning, going beyond the rhetoric of their use as mere slogans by those who often choose to stall parliamentary proceedings rather than focus on real issues. For those united in sharing a concern for India’s advance to a secular, socialist future, the principle of 33 per cent reservation for women will in time, hopefully, transform the context and terms of representative politics itself.•

Indu Agnihotri is a Senior Fellow at the Centre for Women’s Development Studies, New Delhi.


Why men have to pay the bill

Source: Times Of India

Akshaya Mukul on all you wanted to know, but were afraid to ask, about the Women’s Bill.

What is the background to the Women’s Reservation Bill?

During the framing of the Constitution , some women members argued against reservation for women. In 1974, the Report of the Committee on Status of Women highlighted the low number of women in political bodies and recommended that seats be reserved for women in panchayats and municipal bodies. Two dissenting members of the committee supported reservation of seats in all legislative bodies.

The National Perspective Plan for Women (1988) recommended a quota of 30% in panchayats, municipalities and parties. Representation for women in panchayats and Municipalities was done through the 73rd and 74th Amendments passed in 1993.

The first serious move for a women’s quota in Lok Sabha and state assemblies was made only in 1996, during the United Front government. It, however, ran into resistance from the OBC chieftains, Mulayam Singh Yadav and Lalu Prasad, two important partners in that regime.

The confrontation saw the bill being sent to a Joint Parliamentary Committee, headed by CPI’s Geeta Mukherjee. Subsequent attempts to introduce the Constitution Amendment bill in 1998 and 1999 failed, again because of OBC-led resistance. Finally, in 2008, UPA- I introduced the bill in the Rajya Sabha despite strong protests from Lalu Prasad, then an important ally of the Congress Party.

What are the highlights of the bill?

It seeks to reserve one-third of all seats for women in the Lok Sabha and in the state legislative assemblies. The allocation of reserved seats is to be determined by an authority to be designated by Parliament.

One-third of the total number of seats reserved for Scheduled Caste/Scheduled Tribes (SC/ST) in the Lok Sabha and the legislative assemblies will also be reserved for SC/ST women. Reservation for women will cease 15 years after the commencement of the Act. Reserved seats will be allotted by rotation to different constituencies in the state or union territory.

If a state or union territory has only one seat in the Lok Sabha, that seat will be reserved for women in the first general election of every cycle of three elections . If there are two seats, each will be reserved once in a cycle of three elections. Similar rules apply for seats reserved for SC/STs. Of the two seats in the Lok Sabha reserved for Anglo-Indians , one will be reserved for women in each of the two elections in a cycle of three elections. A total of 181 seats will be reserved for women. On the face of it, that means only 1/3rd of the parliamentary seats will be impacted. But, potentially 2/3rd seats can be affected. How? Nothing stops women from contesting even from “open” seats that will be de-reserved after every election. Clearly, the going will get tougher for men.

What’s the logic behind the bill?

To bring about gender equality in Parliament and state legislatures. After 63 years of Independence, the percentage of women in the Lok Sabha has hovered between 7% and 11%. In assemblies, too, representation of women is abysmally low. Therefore, extraordinary measures are needed to bring women (nearly 50% of the population) at par with men in the Lok Sabha and assemblies.

What real difference can this make?

In general, women are supposed to bring greater seriousness to their job. While 33% reservation will displace a well-entrenched class of male politicians, it will create an army of a new breed of women political activists. Laws, be it personal, social or economic, often miss out on the voice of women. With their political empowerment, a big change can be expected. It will have social consequences also. In the early years of 33% reservation for women in panchayats, men tried to run them through proxies, putting up their wives or other family members, but now even in states like UP and Bihar, it is a common sight to see husbands having to introduce themselves as secretaries to their MP or panchayat- head spouses.

What is the situation in other countries?

Often better than India. In Pakistan, for instance, the percentage of women in the National Assembly has reached 22% because of the quota policy that reserves 17.5% of seats for women. In Nepal, the percentage of women members is 33%: again a feature made possible through the quota policy that reserves at least 33% of the candidates and 50% of any party’s nominations for women. In Bangladesh, 45 seats out of the total of 345 are reserved for women. China has 21% women in the National People’s Congress without any quota policy. Globally, Rwanda is the only country in the world with more women (56%) than men in their national legislative body through the quota system. Sweden follows with 47%, South Africa (45%), Iceland (43%), Argentina (42%), the Netherlands (41%) and Norway and Senegal with 40%. Sweden, South Africa, Iceland, the Netherlands and Norway have voluntary political party quotas for women.

Why do SP, RJD and other parties oppose the bill?

Privately, male MPs from the Congress and BJP also have a problem with 33% reservation as they fear their political future. But only leaders like Mulayam Singh Yadav and Lalu Prasad, who run their parties as fiefdoms, can afford to articulate it openly. But even they couch it with the demand for a sub-quota for OBC and Muslim women. Or else, they risk alienating 50% of the voters!

Why can OBC and Muslim women not be given reservation?

The Indian Constitution allows electoral reservation only for SC/ST. OBCs have reservation in education and jobs, but no quota in legislatures. The Constitution also does not allow reservation on communal lines. Historically, the experience with communal electorates has not been healthy. Lalu and Mulayam, both from the socialist stock, forget that their role model, Ram Manohar Lohia, talked of women as part of a larger coalition of dalits. He saw women as backwards who deserved special treatment.

Will this mean lower representation of backward castes in the Lok Sabha and state assemblies?

That is what OBC champions claim. Actually, it is an alibi to prevent the implementation of the women’s quota. The advances made by the OBCs cannot be rolled back, because of their sheer numerical strength. Moreover, the OBC parties that ensure the victory of their male MPs from OBC strongholds, can do the same for their women candidates. In fact, many of them have successfully ensured the election of their women-kin from their caste strongholds.

What about political parties giving ticket to women candidates rather than reserving seats for them?
This has not happened. What has prevented them from giving them tickets so far? All political parties — Left, Right or Centre — only talk, but are tardy when it comes to giving tickets to women candidates. The oft-repeated reason is that women cannot defeat established male opponents. Also, giving tickets is no guarantee that a significant number of women would get elected. Political parties may assign women candidates to constituencies where they are weak.

Why not increase the strength of Parliament and assemblies?

Where will they sit? Be it Parliament or assemblies, there will be a huge space problem. More seriously, there is a Constitutional cap on increasing the strength of the Lok Sabha till 2020. Also, this argument is repeatedly advanced to put women’s reservation off track. If such a proposal ever gets accepted, a new delimitation would have to be undertaken.


Leave it to the parties? Their record is terrible

Source: Times Of India

Some parties and individual MPs may question the need for reserving seats in Parliament for women, but here are some bare truths that should drive home the point. Political parties across the board have a terrible record of giving women a share in political representation. Take the 2009 Lok Sabha elections, for instance. Less than 10% of the total tickets were distributed to women. Of the 8,070 candidates who contested in those polls, only 556 or a mere 7% were women. And among the 543 who were finally elected to the 15th Lok Sabha, only 59 or 11% were women. Ironically, this is the highest proportion ever of women in the Lok Sabha.

Data analysed by the Association for Democratic Reforms and National Election Watch reveals that even within women, power remains the privilege of a few. Of the 59 women MPs, more than two-thirds, 40 to be precise, were crorepatis and 41 are graduates or have higher educational qualifications.

The analysis effectively puts paid to the anti-quota argument that political parties can be trusted with the responsibility of giving greater representation to women. It’s clear that the political leadership in most, if not all, parties has not found it necessary to provide women with a platform to dictate policy or make a significant contribution to the process of governance.

Despite swearing that they are all for women’s empowerment, major parties, like the Congress and BJP, allotted just about 10% of their tickets to women, while in the lists of the Samajwadi Party and CPM women candidates constituted 8% and 7% respectively. The Mayawati-led BSP and JD(U) did even worse with only 6% and 5% respectively of their candidates being women.

Of the women candidates who ultimately proved successful, 19% or about one in five came from the BSP, 12% from the Congress, 11% from the BJP and 13% from the SP.

Being highly educated and flush with funds certainly seems to help women candidates in getting elected, just as it does with men. Amongst the 59 female MPs, one is a doctorate, 16 are postgraduates, 12 are graduate professionals and 13 are graduates.

If these facts and trends are not particularly surprising, check this out. Of these 59 MPs, 10 have criminal cases pending against them. That’s one in every six (17%). If you are cynically inclined, you might say this just proves that women have what it takes to be a successful politician just as much as men. Of these, 5 are from the Congress, 4 from the BJP and 1 from the Shiv Sena.


A Different Perspective On Women Reservation

Source: Counter Currents

By Ashok Yadav

06 June, 2009
Countercurrents.org

Contrary to the popular perception, the women reservation in legislature will seriously damage the women liberation movements that are current today in India. The various women groups committed to struggle for equality, honour and liberation of women from patriarchal system, family & society must oppose the concept of women reservation in legislature. To understand this the experience of SC/ST reservation in legislature is very useful.

Dr Ambedkar fought for separate electorate but the Poona Pact forced joint electorate system on dalits. Under the joint electorate system the protagonist of dalit rights Dr Ambedkar himself lost the election from a reserved constituency. Poona Pact or the system of joint electorate in which fifteen percent seats were reserved for SCs in legislative bodies and where the common population consisting of brahmins, the upper caste and the OBC elect a dalit candidate from their constituency, effectively checked the growth of independent and talented leaders in dalit community. Original, independent and talented dalit leaders lost their brilliance once they entered electoral politics because they had to curb their rebellious character so as not to displease his or her electorates which consisted mostly non-dalit castes. That is why Kanshi Ram termed these SC MPs and MLAs as nothing but the stooges of brahminical system and famously called the age that started from the date of signing of Poona Pact as “the age of stooges” i.e. “chamcha yug”.

Dalit MLAs and MPs have done little to advance the cause of dalits because they cannot afford to antagonize the caste hindus as they have to get elected. By winning good number of SC reserved constituencies in assembly and parliament elections the parties paying lip service, or we may even say working contrary to the dalit welfare, claim that they stand for dalit interests.

It is a hard fact that it is not the dalit MLAs and MPs who have taken forward the dalit cause. Rather they have harmed the dalit cause because instead of serving their community they have served their political masters. If dalit movement has come of an age in India it is not due to SC reservation in legislature but due to SC reservation in education and job. The dalit intelligentsia consisting of government employees, bureaucrats, teachers, professors, writers etc organized themselves into BAMCEF and then asserted dalit rights with a form and content that was never seen before. From BAMCEF emerged DS 4 and from the latter emerged Bahujan Samaj Party.

The experience of SC reservation in legislature is crucial in assessing the proposed women reservation in legislature. The women will not have separate electorate system and they will be elected by votes of both men and women. Any woman candidate giving a challenge to the predominantly patriarchal, casteist and feudal set up would alienate not only the men but the conservative women also, who vastly outnumber the progressive thinking women, who would constitute her electorate. So all women politicians, aspiring to enter assembly and parliament through reserved seats, will have to compromise and curb her core ideology. The women activists having entered electoral politics will cease to be activists for women cause and, instead, will serve their political masters. They will not have an independent politics of their own which is so crucial for emancipation of women from patriarchal bondage. No political party in the country has any radical agenda for social change. All political parties are content with maintaining status quo in the society and system. Women liberation is closely linked with breaking status quo of our society which is so much anti-women besides being anti-dalit bahujan. The social justice parties have reduced themselves to permutations and combinations of castes to win elections and form government. The left parties believe in economism. Their belief is that once economic system changes everything will change including family, society and state. In short, the women have nothing to gain by becoming a part of the political system that stands for status quo.

The women activists agitating for women reservation in legislature should learn lessons from the experiences of women politician of this country. For many years Indira Gandhi remained prime minister of this country and wielded almost unrestrained power. She nationalized the banks, ended the privy purse of the erstwhile kings, liberated Bangladesh, imposed emergency, declared India a secular & socialist country by inserting these two words in the preamble of the constitution of India and tested atom bombs in Pokhran. There are many credits in her name including waging struggle against old guards of the congress party and dividing the congress party to her benefits. But she never seemed a representative of the exploited and oppressed Indian women. She never took any concrete practical step to ameliorate the conditions of Indian women. She never was a voice of the dumb Indian women. When she was prime minister, in Delhi itself, lots of dowry deaths occurred, but she was unable to do anything. The same thing can be claimed against the stock of the present day women politicians. Just as dalit movements, led by independent dalit activists & intellectuals, throw a challenge to the dalit MLAs & MPs, so the independent women movements led by independent women activists will indeed be a challenge to the women MPs & MLAs. Dalit/OBC/tribal/minority movements constantly expose their community people who are active in the parliamentary politics with the result that the latter turn against the movements of their own community people. How can one claim that the same thing will not happen in the case of women movements? In short, the proposed 33% reservation to women in legislature will go against the women liberation movements.

The important question in this regard is that why ideologically different BJP, Congress and the left are united in their support to the women reservation bill. The reason of their united stand on the issue lies in their common upper caste mentality which is wary of the caste question. The politics of hindutva and class struggle converge on one point of their opposition to the caste question. The caste question poses challenges to left, right and centre alike. The policy, programme, strategy, tactics, ideology of these forces have all been severely disturbed by the caste question. The success of their projects lies in how much they are successful in putting the caste question under the carpet.

The principal contradiction operating in Indian society is caste contradiction in which on one side are men and women of the dalit, the OBC and the adivasis and on the other side are men and women of the brahmin and other upper castes. The primary cause of oppression and exploitation of Indian women is the caste system itself. The proponents of women reservation bill seldom acknowledge this. Their upper caste prejudices prevent them to appreciate that patriarchy in India is deeply rooted in caste system. Patriarchy and endogamy which are two main characteristic of caste system are deeply interlinked. The struggle of the lower castes against caste exploitation and system also consists within it struggle against endogamy and patriarchy. It is, therefore, the greatest champions of women liberation have been the leaders of anti-caste struggle. Jotiba Phule, Periyar, Dr Ambedkar and Dr Ram Manohar Lohia have been the tallest champions of women liberation in modern India. No other leaders from the upper caste background have equaled these social justice icons in their achievements for liberation of women. Of course names of great social reformers like Raja Ram Mohan Roy and Ishwar Chand Vidyasagar from upper caste background are there but since they could not challenge brahminism in the same way as the social justice icons did they could not revolutionize the agenda of women liberation.

So the sharpening of caste contradiction and its eventual solution alone will remove the primary cause of women subjugation. The lower caste women go through far greater hardships and crisis in their life than their upper caste counterparts. They don’t have the same economic and social security which the upper caste women enjoy. This is indicated by the overwhelming presence of lower caste women among the rape victims. How can lower caste women remain immune from the general backwardness, illiteracy, poverty, economic hardships etc. of their caste and community? Similarly how can upper caste women remain aloof from the general prosperity, power and privileges of their caste and community? There are more disparities than similarities in the conditions of lower caste and upper caste women. The gender unity within the lower caste is indispensable in their fight against caste oppression and exploitation. The women reservation in legislature seeks to dilute and weaken the caste contradiction by bringing gender contradiction parallel to caste contradiction chiefly by refusing to give reservation to lower caste women in the overall women reservation. The women reservation in legislature will only intensify gender rivalry within the lower castes and ultimately harm the caste movements.

The women reservation in legislature will harm the caste movements in another way also. A large number of lower caste MPs and MLAs will be replaced by women candidates who will be raw in understanding politics. They will be most certainly be weak replacements of our male MPs and MLAs. What is happening today in the case of women panchayat representatives will also happen tomorrow in the case of women MLAs and MPs, most particularly those belonging to the lower castes. The overall performance of OBC, dalit and tribal MLAs & MPs will go down. The upper caste female legislatures being more educated, more articulate and smarter than their lower caste counterparts will certainly score points over them. The women reservation bill in the present form i.e. without reservation for lower caste women seems a ploy on the part of upper caste vested interests to prevent the falling number of the upper caste MLAs and MPs. So in all likelihood the women reservation bill is going to bring crisis in the lower caste movements. That is why the forces, wary of ever sharpening caste contradictions, despite their sharp mutual ideological differences on other issues, have united themselves to push women reservation bill without caring a whit for reservation for the lower caste women.

Conclusion

Social justice leaders are demanding in one voice for reservation within reservation i.e. reservation for lower castes in 33% women reservation. Previously they were against women reservation in legislature because they felt that the women of their castes and communities were not educationally ready to take the huge responsibility of an MP and MLA. Now when they see that women reservation in legislature has become fait accompli, they are demanding reservation within reservation. Instead of going for reservation within reservation they should out rightly reject women reservation in legislature. But their fear of being branded anti-women by the mainstream brahminical media prevents them from taking a clear and bold line. Instead of going for reservation within reservation in legislature they should demand reservation to women in education and job in all categories viz. SC, ST, OBC and General. In other words, 33% or 50%, whatever it may be, as per the outcome of debate and general consensus that may emerge among different women groups and political parties, seats should be reserved in education and jobs, within all categories for the female candidates. Reservation in legislature will produce women leaders of servile mentality whereas reservation in education and job will produce independent and free thinking women. Let them acquire independent and free thinking status and then enter legislature without the help of reservation. The women of India do not need reservation in legislature but reservation in education and job. The women of India must reject out rightly reservation in legislature and aggressively pursue reservation in education and job. It is a matter of great surprise that the protagonists of women reservation in legislature are maintaining complete silence on women reservation in education and job. The only explanation for their silence on this important issue seems to be that politics and status quo rather than real progress and radical changes in the condition of women of India are their concern.

However if women reservation in legislature has become fait accompli then the only option that remain for the social justice forces is to not budge from their stand of having reservation for women of SC, ST, OBC and minorities in the 33% reservation for women in assemblies and parliaments otherwise it will divert caste contradiction

ashok yadav is associated with
ALL INDIA FEDERATION OF OBC EMPLOYEES WELFARE ASSOCIATION
email contact: ashokyadav2007@gmail.com


Womes’s Quota: A Primer

Source: Tehelka

A HISTORIC MOMENT, OR ANOTHER STORY OF SHIFTING GOALPOSTS? TEHELKA ANSWERS ALL THE PRESSING QUERIES

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Against the tide? By opposing the Bill, Mulayam Singh and Lalu Yadav have angered those sections of Indian society that want reservation for women to come through (right)
Photo: REUTERS
image
Mother superior For supporters of the Bill, this could be a historic turning point for women’s equality in India (left)
Photo: AP

Who is opposing the Bill? Why?

Several political parties, academics and even feminists are opposing the Bill. The opposition is ideological — that reservation itself cannot empower women; and technical — that there has not been enough debate on several core features within the Bill. Politically, the strongest opposition has come from allies of the Congress: SP, RJD, and JDU —parties that claim to represent backward castes. They are demanding a sub-quota within the proposed one-thirds reservation, for women from backward castes and minorities, to ensure that the elected women do not have upper caste and urban bias. Though opposition may seem regressive, there are feminists who agree with this viewpoint, arguing that women are not homogenous; that a blanket reservation will only serve the interests of dominant groups. Another bone of contention is that it only allows reservation in the Lok Sabha, not the Rajya Sabha. The Bill also assumes that gender identity will influence decision-making in Parliament, but there is no evidence to back this claim. The different viewpoint emerges not from biological difference, but from an alternative socio-economic experience, naysayers feel. This is why it becomes more urgent to ensure the reservation benefits women from all backgrounds.

What are the arguments in favour of the Bill?

Politics in India has traditionally been male-dominated. A survey by the Inter-Parliamentary Union on the number of women in Parliaments ranked India 99 among 140 countries. Pakistan, Bangladesh, Iraq and Rwanda were placed higher. At present, women make up 10 percent of the Lok Sabha. There is a dire need for more women in Indian politics. Proponents of the Bill argue that the quota will bring an unprecedented shift in the face of Parliament, allowing women a larger political platform. It is also a legal mandate that ensures parties to accord political space to women. So far, the record has been abysmal. In Maharashtra, for example, out of 412 candidates who stood for 48 Lok Sabha seats in 2004, only 29 were women. With more women in the apex legislative seat, there is a hope that policy-making will more adequately address their concerns. Displaying rare unity, the Congress, the BJP and the Left have joined to push this Bill, which has been pending for 15 years.

image‘Men — within the house and the political party — have only treated us as housewives. So where was the space for women to discuss political participation?’

KUSUM RAI
Rajya Sabha MP, BJP

Can’t political parties have internal seat reservation?

A possible alternative to empowering women through reserved seats in Parliament is to mandate that all political parties give a certain percentage of tickets to women. But there is a danger that parties will then give those tickets to women that hold little prospect for the party. Their strongholds will continue to be male-dominated. Also, this may not ensure a certain minimum number of women in Parliament, because women allotted to weaker constituencies may lose.

image‘The Bill is not perfect; but at least there is a recognition that political power-sharing in India is a complexity that cannot be ignored anymore’

K AJITHA
President, Anweshi, Women’s Rights Organisation, Kerala

Why not reservations within the women’s quota?

The Congress maintains that this Bill is a first step, and not a final step. They say, if it is found that reservation is only bringing a particular group of women into Parliament, then there is the option of a constitutional amendment later. The lack of political will and transparency on why a sub-quota cannot be included in the Bill right now continues to be a major concern. The government’s response to the opposition is that political parties can always issue tickets to backward caste women within this quota. The problem with this argument is that lower caste women who have traditionally not been in the political fray will then be competing with more experienced women candidates and the playing field will not be level.

Why does the Bill need further debate?

image‘Gender equality must begin where laws are made — in Parliament. Why should this bring in only elite women? This is a first step, not the final one’

SALMAN KHURSHID
Lok Sabha MP, Congress

Some inherent features are seen as a challenge to the core values of democracy. For instance, declaring a particular constituency as a ‘women constituency’ infringes on voters’ right of choice. It forces the voter to choose from a particular group. Further, the Bill allows reserved seats to rotate every 15 years. “This brings democracy without democratic accountability,” says academic Pratap Bhanu Mehta. There is also the view that pitting woman against woman will deradicalise feminist politics in the same way that pitting Dalit against Dalit has de-radicalised caste politics. When a non-Dalit has to choose between two reserved candidates, the perception is that the vote will go to the less radical Dalit. That defeats the purpose of having a Dalit candidate who will stand for hard issues concerning their caste. Feminists fear a similar diluting of political debate if this Bill is passed. An alternative — of two-member constituencies, where one man and one woman are fielded — is being proposed as a better option.

Has 50 percent reservation in panchayats worked?

The current Bill is being seen as a successor to reservation of 50 percent seats for women in panchayats. Supporters, like former Panchayati Raj Minister, Mani Shankar Aiyar, cite the election of 12 lakh women to panchayats across India as proof that reservation for women in political bodies empower women as a whole. He adds that these women are from the most oppressed sections of society. “It has given women rights, politically and socially, and conveyed an important message,” says activist Medha Patkar. Opponents say that an administrative role in panchayats cannot be equated with a legislative position. This requires informed decision-making and, hence, a more nuanced debate.

With bureau inputs from TUSHA MITTAL, SANJANA and SHOBHITA NAITHANI

From Tehelka Magazine, Vol 7, Issue 11, Dated March 20, 2010



A Belated but Welcome Beginning

Source: Economic & Political Weekly

A milestone in gender power-sharing has been passed, but the “quota-in-quota” has to be addressed.

The passing of the Women’s Reservation Bill in the Rajya Sabha on 9 March marks a historic turning point in the story of Indian democracy. The proposed legislation
reserving one-third of all seats in the Lok Sabha and the State
Assemblies will finally enable Indian women to keep their “tryst with destiny”. Despite active involvement in the freedom struggle, women had a minuscule presence in Parliament in the era dominated by the Indian National Congress – a trend that continues to this day, with only 59 women members in the 15th Lok Sabha.

Encouraged by Mohandas Gandhi, women’s organisations rejected reservations during most of the 20th century. As this journal noted a decade ago (Women’s Studies Special, EPW, October 2000), only after long experience of entrenched resistance to women across the political spectrum has reservation been recognised as essential for inclusion. The euphoria at this hard-won success needs to be tempered by the realisation that there is still a long road ahead. The next milestone is for the Bill to be approved by the Lok Sabha as well.

It is important to note that right from when it was first tabled in 1996, the main opposition to reservation for women in the legislature has always centred on the question of sub-quotas for Muslims and Other Backward Classes (OBCs), or additional quotas for dalit women. In other words, despite misleading media images, there has never been a simple opposition between feminist support and patriarchal resistance. Vocal dissent has always invoked the interests of the already disadvantaged castes and communities – it has never opposed women’s rights as such. Indeed, the media’s eagerness to demonise backward caste and Muslim politicians opposing the Bill serves to obscure the unspoken patriarchy that is at work behind the scenes in every political party. How else do we explain the low presence of women candidates among political parties in favour of women’s reservations in all the national and state elections after 1996? It is the silent subversion of the ayes – and not the noisy disruption of the nays – that is most responsible for the 14 years of exile endured by this Bill.

At first glance, the resistance to sub-quotas seems to provide a welcome instance of feminist assertion. Why should women be forced to take on the burden of caste and community when the reverse is not true? Not only has a “gender sub-quota” been absent in every instance of caste-based reservations since Independence, its very absence has gone unnoticed. The most recent example is the 93rd Amendment of 2007 instituting OBC quotas in elite higher education institutions, when neither proponents nor opponents thought to ask for a women’s sub-quota.

But two wrongs do not make a right. If the “male-stream” of
Indian politics has ignored women, the women’s movement cannot afford to retaliate in kind. For doing so would mean ignoring the inequalities of caste and community that continue to divide all social groups, including women themselves. However, it is precisely this kind of larger political understanding that is missing in the current debate. Women leaders – including an otherwise reticent Sonia Gandhi – were quite articulate when describing the various “excuses” used by all political parties to marginalise women and clearly outlined the structural features of the electoral process that conspire to consign most women to the “unwinnable” category.

Why, then, are the same astute women unable to see that caste and community will play a central role in shaping the profile of the “winnable” woman candidate of the future? While the new law will only create a women’s sub-quota for dalits and adivasis, OBC and Muslim women will be at a disadvantage relative to upper caste women. The same calculations that have kept out women in general will now tend to label OBC and Muslim women as “unwinnable”. A consensus on reservations emerged only after it became clear that electoral compulsions would prevent political parties from voluntarily fielding more women candidates. Similar pragmatic reasons are likely to prevent parties from fielding OBC and Muslim women unless compelled by law. Although it was expressed in a boorish manner, and sensationalised by the media, the demand for a sub-quota is essentially a just one. The point here is only to underline its validity, fully recognising that the constitutional impediments to its implementation require separate and careful consideration.

The perverse refusal to see beyond stereotypes was most vividly illustrated by the blind eloquence of a television personality who juxtaposed the heights to which Indian women had risen – represented by the all-female crew of the Air India flight to New York on the centenary of International Women’s Day – with the moral depths that some OBC and Muslim politicians were sinking into in the Rajya Sabha on the same day. To see a different kind of link between these events, one only had to ask how many OBC and Muslim pilots were part of that all-female crew representing “Indian women”.

Another feature of the debate on women in Parliament that is worth noticing is the relative lack of “national level” resistance to reservations for women in local government (panchayats and municipalities). Despite local frictions, the 73rd and 74th Amendments to the Constitution were passed without much dissent. In fact, last year’s amendment to raise women’s reservations in local government to 50% was hardly noticed. The bitter acrimony over the extension of exactly the same principle to national and state politics is a clear indication that, for all our talk of decentralisation real power still resides in the centre. This also means that political parties are not recognising the huge significance of women in local politics – now well over a million – as a potential resource at the state and national levels.

Finally, we must ask ourselves what precisely would be historic about bringing a critical mass of women into electoral politics. Popular expectations about women bringing in a “cleaner” government untouched by male power and pelf – or about women’s interests being better represented by women – may well remain unfulfilled. But in the final analysis, if we go back to the original vision of leaders like Ambedkar, what is at stake is nothing less than power-sharing and participation at all levels of the electoral process. History will truly be made when diverse women, shaped by multiple experiences of discrimination and exclusion, will become equal partners in the task of building India’s political future.


Reactions


It Is A Congress Conspiracy Against The Minorities

Source: The Hindu

Aarti Dhar — Photo: V.V.Krishnan

Panchayat council representatives demanding quota within quota in the Women’s Reservation Bill at a day-long conclave organised by ActionAid India in New Delhi on Friday.

NEW DELHI: Impressing upon political parties to take note of discrimination against women from the Dalit and backward communities, scores of women panchayat council representatives on Friday demanded quota within quota in the Women’s Reservation Bill.

They were participating in a day-long conclave organised by ActionAid India here. Over 50 of them were from Bihar, West Bengal, Karnataka, Maharashtra and Uttar Pradesh.

“Yes, in theory women are equal to men. But even stepping out of home can lead to reactions and barbs. I got elected on a reserved seat and that revealed the power this gives one to work for the community,” said Raunaq Khatoon from Bihar.

The conclave focused on sharing testimonies about challenges of patriarchy and caste discrimination each woman faced when she decided to become a member of the village council. Most ranked the struggle to exercise power independently as the most difficult in their journey in grassroots democracy.

“Being a woman from the Dalit community proved a great challenge in finding support within the panchayat. But I did not give up,” said Sarvati Devi, panchayat pradhan of Jamlapur village in Uttar Pradesh.

“Our engagement with community women informs us that this achievement would just be the first step towards effective participation,” said Professor Babu Mathew, country director, ActionAid India.

“Looking at how women’s participation in Panchayati Raj institutions has unfolded over the years, there is a need for the blanket 33 per cent to be broken down.”

A member of the Gramin Vikas Samiti, an ActionAid partner in Bihar, said “the struggle against patriarchy and poverty will be a much harder and longer one.”


It Is A Congress Conspiracy Against The Minorities

Source: Tehelka

Akhilesh Yadav, chief of the SP’s Uttar Pradesh unit, tells NEHA DIXIT how the UPA is misleading the nation on the Women’s Reservation Bill

image
Photo: DHARMENDER RUHIL

Samajwadi Party chief Mulayam Singh Yadav and RJD chief Lalu Prasad have called the Women’s Reservation Bill a political conspiracy.
The Samajwadi Party is not against the Bill. Of course, the Bill in its present form is a conspiracy to keep out the minorities. The BJP and the Congress are scared of the mettle of backward class leaders like Lalu Yadav, Mulayam Singh and Ram Vilas Paswan. Hence, they are hesitating to include reservation of backward classes in the women’s Bill. SP also wants the upliftment of women. We are only asking for the inclusion of Dalits, Muslims and minorities.

But by opposing the Bill, you are dismissing reservation for women altogether.
Reservation for women has to be party-based. Women should get 50 percent reservation in government jobs. Parties should take the initiative to reserve tickets for women from all strata of society. All parties issue tickets to those with money and muscle power. We are demanding this should change.

We don’t want to see wives of bureaucrats occupying seats in Parliament. The whole purpose will be defeated then. Hence, women’s empowerment is only possible if 33 percent of tickets in each party are reserved for women.

All major parties including the BJP, Congress and the Left are criticising the SP’s stand.
The Left’s opposition is totally political. The BJP and Congress support the Bill but they need to answer a question: till date, why has Parliament not seen a single Muslim MP elected from Orissa, Punjab, Uttaranchal or Madhya Pradesh? With this sort of non-representation of minorities, who will guarantee representation of women from the backward classes? Clearly, it is not possible.

The BJP was supporting the Bill but is now demanding a debate. I know several Congress MPs who have, off the record, told me that they too disagree with the Bill. They too demand reservation for Muslims and Dalits.

‘Several Congress MPs have, off the record, told me that they too disagree with the Bill’

Who are these Congress MPs?
I can’t name them as Congress is dictatorial. It has a system of firing dissenters.

But the first woman Lok Sabha Speaker, Meira Kumar, is also a Dalit.
Both Meira Kumar and President Pratibha Patil have been elected to their respective offices on merit. Meira Kumar has risen to that position through her efforts, not through reservation. Congress has a history of not giving tickets to women. They are merely misleading the nation.

Will SP’s withdrawal of support to UPA make any difference to the Bill?
If nothing else, it will at least expose them. All those in the Congress who are pompously sleeping and eating at Dalit homes must understand that this will not make any difference to their lives. The Dalits and minorities must be given adequate representation for their progress. We were supporting the Congress because we wanted the BJP to stay out of power. We were supporting it for secular values. However, there is no option but to withdraw if it chooses to ignore those values.

From Tehelka Magazine, Vol 7, Issue 11, Dated March 20, 2010

BSP to stage demo against Women Reservation Bill on April 14

Source: DNA India

Accusing the Congress of being anti-Dalit, BSP supremo Mayawati today said her party would stage demonstrations against the Women Reservation Bill across the country on April 14.

“Congress and other political parties had always been against Dalits and this is evident from the fact that no separate quota has been carved out for SC/ST women in 33% reservation proposed in the Women Reservation Bill,” Mayawati said, addressing a rally here to mark the party’s silver jubilee function.

The Uttar Pradesh chief minister said her party boycotted the passage of the bill in Parliament to register its protest.

“The BSP would stage demonstration at district headquarters across the country on the birth anniversary of Ambedkar on April 14 to protest the bill,” she announced.

Mayawati claimed that even the BSP’s suggestion of a separate quota for backward and poor women from upper caste was not incorporated in the bill.

“Congress people claim themselves to be the biggest sympathisers of women and are praising Rajiv Gandhi and Sonia Gandhi. In reality, whatever rights women have got in the field of education, employment and politics, it is due to Ambedkar,” she said.

The BSP’s silver jubilee celebration also marks the birth anniversary of party founder Kanshiram.

Mayawati’s party, like the Samajwadi Party and the Rashtriya Janata Dal, opposes Women Reservation Bill in its present form and seeks quota within quota for SC/ST women in it. Mayawati said it was Ambedkar who for the first time provided equal opportunities to women in the Constitution.

“Another evidence of Congress being anti-Dalit came to the fore when the Centre did not announce even a single day national mourning on the death of Kanshiram, who devoted his entire life for the upliftment of SC/ST and downtrodden,” she alleged.

Taking a potshot at the Congress leaders’ visit to Dalit houses, she said it was a “drama”.

“Congress and other party leaders, who had been staging this drama of visiting houses of Dalits and sharing food with them have been exposed,” she alleged.

Mayawati said that casteism prevented SC/STs and backwards to lead a dignified and equitable life in the country. They did not had rights of education, to contest election and lead a dignified life like people of other castes, she said.

“It was due to Ambedkar that SC/STs and backwards got legal rights to lead an equitable life, which was strongly opposed by the Congress and other parties, and which continued till date,” the BSP leader added.

Mayawati said the Women Reservation Bill was an example of anti-Dalit mentality of the Congress and other political parties.


Women Reservation Bill Dangerous: Mulayam
Source: Outlook

Slamming the women’s reservation bill as a “dangerous” one, SP supremo Mulayam Singh Yadav today alleged that it was a conspiracy to prevent Muslims, backwards and dalits from entering Parliament and state assemblies.

“SP is not against reservation to women, but we are against the present format of the bill, which is a big conspiracy by the Congress and the BJP to prevent Muslims, backwards and dalits to get elected to the Lok Sabha and Vidhan Sabhas,” Yadav, whose party has steadfastly opposed the bill, told reporters here.

Attacking the two parties, he said, “It’s not an allegation, it’s the reality as Congress and BJP had always been anti-Muslim, anti-backwards and anti-dalit. Therefore, they want to amend the Constitution.”

He contended that when not a single Muslim MP was elected to Parliament from several states including Gujarat, MP, Maharashtra, Punjab and Haryana, how could a Muslim women be elected without reservation.

“This bill is dangerous…. If it is enacted, Muslims and OBCs will be at the receiving end,” he said.

“It’s a big conspiracy not to allow the leadership to grow among Muslims, OBCs and dalits,” he claimed.

Yadav said that if the intention was to promote women, then why was reservation not being offered in government jobs and in the education sector.

“If they want uplift of women why don’t they offer 40 to 50 per cent reservation in government jobs or in the education sector. We have no objections,” he said.

Yadav said that there were a number of political parties having women as their national president and people cannot function without their will.

“Even Congress’ national president is a woman, has the party given tickets to 33 per cent women in elections, who stopped them from doing so. They can even give cent per cent tickets to women,” he said, adding “they are making mockery of the democratic system.”

The SP supremo claimed that even the Congress and BJP MPs were not in favour of this bill.

“But they all are slaves, who cannot raise their voices,” he said.

He said that if reservation was being extended it should be given separately to dalit, OBC and Muslim women on the basis of their numbers within the 33 per cent quota.

“The SP will expose this conspiracy of the Congress and BJP and we will go to the people on this issue,” he added.

Yadav said that the SP has demanded that the 33 per cent quota should be reduced to 20 per cent.

“Even former Prime Minister Atal Bihari Vajpayee and L K Advani accepted my suggestion,” he said.

Yadav said that his party demands that instead of reserving seats, it should be made mandatory for all the political parties to be given 20 per cent tickets to women candidates.

“The political parties should be directed to enusre 20 per cent tickets to women and registration of a party which fails to do so should be cancelled,” he said.

He said that his party would continue to oppose the bill in its present form in the Parliament.


Lalu compares Women’s Reservation Bill to an onion

Source: Rediff

Rashtriya Janata Dal supremo Lalu Prasad Yadav  had the entire Lok Sabha in splits on Thursday as he pleaded his case against the Women’s Reservation Bill passed by the Rajya Sabha.

“Congress members are telling me, ‘please save us as we are being made to sign on our death certificates by supporting this legislation’,” he said while speaking briefly on the Bill. In a speech full of sarcasm, he even dubbed the Bill as an onion that will bring tears to the eyes of the members once they peel it.

Prasad did not spare the Communist Party of India – Marxist and told the Left party’s leader Basudeb Acharia that their bete noire Mamata Banerjee had taken the lead in West Bengal  and even he had pinned his hopes on her support. He was referring to Banerjee’s Trinamool Congress members abstaining from voting on the Bill when it was passed by the Rajya Sabha on Tuesday.

Prasad told Speaker Meira Kumar that it was not his fashion to rush to the Well of the House and shout slogans.

“When a person does not listen, then it is necessary to go closer to him and speak. Don’t take it otherwise, madam,” he said, drawing guffaws from members.

“Jitna hi suniyega, utna hi yaha-wahan aane mein kami hogi (the more you listen to us, the less we will march towards the Well),” he said.

Prasad also had a word of praise for Congress leader Rahul Gandhi  for his visit to Dalit homes, but argued that the same women whose plight he brought to light would not benefit if the bill is passed in its current form.

“Rahul had told the House that he had visited the house of a poor woman Kalavati. It is a good thing. He is a youth leader, he should move ahead, but at the same time he should know that the daughters of Muslims and poor people should also benefit from reservation,” he said.

At one point, Prasad also appeared to take exception to Acharia dubbing the three key leaders opposing the Bill as the ‘Yadav trio’. “We are supremos of our respective parties, but in your party everything supreme is over. You are neither in Pakistan nor in India,” he said.

Acharia tried to interrupt but was silenced by Prasad’s quick wit.

“The constitution is being amended and hence everyone’s opinion must be taken into account,” Prasad said and demanded a debate on the bill before it is brought to the Lok Sabha.

He said his party was not opposed to women’s reservation, but wanted amendments in the bill to ensure that rights of the Muslim and Dalit women were upheld.


Parties seek quota within quota

Source: Express Buzz

BHUBANESWAR: Political activists and social justice forces, opposing
the Women Reservation Bill, today staged a peaceful dharna at lower
PMG and submitted a memorandum to President Pratibha Patil through
Governor MC Bhandare.

In a joint memorandum to the President, Samajwadi Party, Jharkhand
Mukti Morcha, Rashtriya Janata Dal, Republican Party of India, Utkal
Yadav Mahasabha, Social Justice Front, Orissa Dalit Kalyan Parishad
and National Union of Backward Classes have demanded reservation for
Scheduled Castes, Scheduled Tribes, other backward classes (OBCs) and
minorities women in the Bill.

While due care has been taken for representation of SC, ST and OBC
women in the three-tier panchayati raj institutions, there should not
be any objection from any quarter to extend the facility to these
categories of women in the Assembly and the Lok Sabha, the highest
policy-making body in the country, the memorandum said.

While the average women representation in Parliament world over is 19
per cent, it is only 11 per cent in India (61 women in the Lok Sabha
having a total strength of 543) despite the fact that the women
population of the country is 48 per cent of the total population. The
presence of women representatives from SC, ST and OBC is negligible.

Even conservative countries like Pakistan and Bangladesh have better
women representation in their Parliament. Pakistan has 76 women
representatives in a house of 342 members while in Bangladesh their
number is 65 in a house of 345 members.

General secretary of the State unit of the Samajwadi Party Rabi Behera
told this paper that the social justice forces will obstruct the
passing of the Bill both in and outside Parliament and create a public
movement on the issue.


The vote-at-all-costs strategy

Source: Hindu

It was clear that the Congress, BJP and Left were committed to the Bill

NEW DELHI: After dithering and developing cold feet on Monday, the ruling Congress’ strategy became clear on Tuesday: a vote on the Women’s Reservation Bill at all costs, debate if possible and use marshals to handle the wilful disrupters as a last resort, if necessary.

And this is exactly what yielded the desired result in the Rajya Sabha where the Bill was adopted by a more than two/thirds majority of those present and voting comfortably meeting the requirement of a constitutional amendment.

It was also clear that the three major political groups – the Congress, the Bharatiya Janata Party and the Left – were committed to the Bill and certainly did not want to be seen backing out. Among other considerations was the most important factor that any wavering could cost them politically.

A number of meetings and behind-the-scenes confabulations throughout Tuesday ended with a final strategy meeting of the Congress floor managers. Leader of the House Pranab Mukherjee earlier conferred with leaders of parties supporting the Bill. The strategy was firmed up after a vote-at-all-costs signal from party president Sonia Gandhi and a go-ahead from Prime Minister Manmohan Singh.

Monday’s insistence on a debate by the BJP and the Left were seen to be part of the plan to ensure that their contribution to the passing of legislation is duly acknowledged. Neither group wanted the Congress to run away with all the credit for this.

The day began with the three Yadav leaders – Mulayam Singh, Lalu Prasad and Sharad – meeting Dr. Singh at his residence. They came out reiterating their known stance. They were not against women’s reservation but wanted the Bill to be amended to include a sub-quota within the overall reservation to ensure representation of backward caste women.

After the House convened, Mr. Mukherjee called a meeting of leaders of the parties supporting the Bill. After this, the Congress floor managers met with Mr. Mukherjee. It seems it was at this meeting and after getting the political green signal from Prime Minister and Ms. Gandhi that the strategy was firmed up, which was later seen in action in the Rajya Sabha.

As Ms. Gandhi later told reporters – for her it was a question of fulfilling Rajiv Gandhi’s dream and with the Left parties and the BJP supporting the move, it could be taken up. She also gave credit to “Indian women” who were able to achieve this “with the help of men.”

Sushma on ‘Sonia’s firmness’

The comments from the main Opposition party were equally gracious. Leader of the Opposition in the Lok Sabha Sushma Swaraj said this historic occasion was made possible by “Sonia’s firmness, our commitment and the unswerving support of the Left parties.” She added legislation was a “debt the political system owed to the women of this country” and “there should not be race or competition for political credit” as no party alone could have done it.

Brinda Karat of the CPI(M) was of the view that this would usher in “sensitive” politics and change and break the centuries-old “stereotyping of women.” She was also of the view that representation of backward caste women, Dalit and scheduled tribe women and Muslim women would improve through this legislation.

Leader of Opposition in the Rajya Sabha Arun Jaitley made it clear that not only was his party in favour of the Bill, it also supported wholeheartedly the idea of rotation of seats for a period of 15 years over three Lok Sabha elections. This with a similar pattern in State Assemblies would mean that in a decade-and-half, every Assembly and parliamentary constituency would have been represented by a woman, creating a whole new army of women political workers and leaders.


Women’s bill will impact caste struggle in India: Experts

Source: Sify

Women’s participation in politics, the historic bill to reserve 33 percent
of seats for them in parliament and the legislatures will impact the
country’s political scenario, the patriarchal system and the caste
struggle in rural India, experts say.

Bibhu Mahapatra, consultant of the United Nations Development
Programme (UNDP) project on Legal Empowerment, said: ‘The 73rd
constitutional amendment, passed in 1992, gave constitutional
recognition to local self governance and reserved 33 percent seats in
panchayats for women. This encouraged lakhs of women to enter public
life by giving more opportunities to them.’

‘The Women’s Reservation Bill will have a similar impact. It will also
impact the caste struggle. Today, there are questions asked about who
is more marginalised within the Dalit community and that is because
more women are in the forefront in politics,’ Mahapatra told IANS.

The bill was passed by the Rajya Sabha after a lot of furore Tuesday.
The Lok Sabha, which has seen protests on the issue for the last three
days, is expected to pass the bill before it takes a three-week break
beginning March 16.

Said Kamal Mitra Shenoy, a sociologist at the Jawaharlal Nehru
University (JNU): ‘In the beginning, there may not be much impact on
the caste struggle because the more dominant will field their
candidates into the political arena.’

‘But with time, women will definitely be empowered because of the bill
as it will have its effect on patriarchy and change the gender
dynamics. You won’t just have the wives and daughters of political
leaders being fielded,’ he maintained.

Shenoy said the idea of a quota within quota – that is, reservation
for women from backward classes within the women’s reservation – will
not do any good.

‘There is no reservation for other backward classes (OBCs) in
parliament, yet there is a lot of OBC representation there. So,
reservation within reservation is not really needed,’ he explained.

Mahapatra said the bill will also encourage political parties to
re-invent themselves.

‘It will have a stimulating effect on the political parties. Parties
like the Janata Dal-United (JD-U) and the Bahujan Samaj Party (BSP)
have very little women’s representation, but now they will have to
rope in more women,’ he said.

Ranjan Sharma, a Delhi-based sociologist, said: ‘More women would also
mean that there will be a sobering effect on parliament. You will most
probably not have so much hooliganism. Similarly, it will have a
civilising effect on the political parties.’

While Shenoy said the actual effect of the bill will be seen after 15
years, Mahapatra opined: ‘In the next elections, the predictions and
calculations will be different because we will not just take into
account the SC/ST vote banks, but may be also the inclinations of the
women segment.’


Countering the critics

Source:  Indian Express

Subhashini Ali

Posted online: Thursday , Mar 11, 2010 at 0129 hrs
The Women’s Reservation Bill, in its tumultuous life so far of nearly
14 years, has sparked off debates and reactions far beyond its limited
scope to reserve one-third of all seats in the Lok Sabha and state
assemblies for women.
The political parties opposing the Bill have concentrated their fire
on the issue of “reservation within reservation” insisting that only
separate quotas for Dalit, OBC and minority women can ensure the entry
of poor and downtrodden women into Parliament. This argument has been
echoed in Jaithirth Rao’s article (‘Let’s junk the hypocrisy’, IE,
March 9), and finds resonance among many sections of society.

The truth, however, is that while in the present Lok Sabha there are
17 SC/ST women members, the enactment of the bill will ensure that
their number goes up to at least 42. Electoral results of recent years
have seen the numbers of elected OBC members climbing to over 30 per
cent of the total in most state assemblies and the Lok Sabha. The size
of the OBC population and its tremendous political mobilisation
ensures that OBC women candidates are also very successful. For
example, in the UP Vidhan Sabha, of a total of 28 women MLAs, between
eight to ten are OBCs. Once the bill is enacted, OBC women will
probably constitute the largest social bloc among the women MPs.

It is, however, a matter of concern that the numbers of Mulim elected
representatives has dwindled both in state assemblies and in
Parliament. This needs urgent attention and addressal but it is not a
problem that can be addressed or resolved within the parameters of the
Women’s Reservation Bill.

The March 9 issue of The Indian Express also carries an article by
Madhu Purnima Kishwar who objects to the bill on three main counts: 1)
that the provision of rotation of seats in the bill will lead to
uprooting of legislators after every election and will make women
candidates even more dependent on the whims of their male, political
leaders and increase the numbers of the

“biwi-beti” brigade, exemplified by Rabri Devi; 2) biwi-beti brigade
members are bad role-models for Indian women; 3) they actually “block”
the way for other women to develop as leaders as has been done by the
likes of Pramila Dandavate, Ahilya Rangnekar and Brinda Karat who were
all promoted to heading the women’s fronts of their parties by their
husbands who were party leaders.

The principle of rotation of seats has been included in the bill so
that in 15 years, the lifespan of the bill, the reservation enjoys a
horizontal spread across the country and is implemented in every
constituency. Uprooting of elected members is bound to result but
under the existing dispensation, it is certainly not a fact that all
elected representatives devote themselves to development work in their
constituencies or that those who do not are punished by their voters.
Electoral reality is far more complex. Uprooting may, in fact, force
political parties to become more responsive and responsible and
discourage personal fiefdoms

The domination of most political parties (and the Left has universally
been given grudging credit for being an honourable exception) one or
more by political families is certainly a development which is
undemocratic. It is astonishing, however, that Kishwar singles out the
dangers of the “biwi-beti” brigade, symbolised by Rabri Devi, and
bemoans the danger of assemblies and Parliament being invaded by this
brigade, but completely ignores the anointing of a long and unending
list of “sons” that includes Farooq Abdullah, Rajiv Gandhi, Ajit Singh
et al. Kishwar alleges that the foisting of the biwi-beti brigade is
done to safeguard family interests but the promotion of the sons has
been done for precisely the same reason. Clearly, the serious malaise
of political nepotism cannot be remedied by the scrapping of the
women’s bill.

Kishwar goes on to blame “biwi-betification” for the problems that
women have in gaining admission to and promotion within party
structures by saying that wives of political leaders, who have been
made leaders of women’s fronts of these parties are responsible for
the road blocks faced by other women and cites Pramila Dandavate,
Ahilya Rangnekar and Brinda Karat as examples. Pramila and Ahilya came
to politics through their militant participation in the freedom
struggle as young students. They later married political colleagues
but continued to be leaders of struggles for gender equality, for
Samyukta Maharashtra and for a host of other causes. To suggest that
either of them owed their positions as leaders of struggles and
movements, their elections to Parliament or their positions in
organisations and parties to their husbands is the most unforgivable
and unwarranted slur on their amazing achievements and to their
commitment to travel down a very hard and stony path. Neither of them
is with us today but that does not mean that such unnecessary and
uncalled-for slander will go unchallenged. Brinda Karat has been an
activist from her student days long before her marriage. She started
working in the All India Democratic Womens Association from its
inception, first as a district-level functionary and then, after five
years of hard work, became its general secretary. It was while she
occupied that post that she initiated a constitutional amendment that
has made it mandatory for the key office-bearers at district, state
and national levels to vacate their offices at the end of three terms.
This has ensured that women activists can develop as leaders and
occupy important posts without impediment.

The difficulties that women face in entering and advancing in the
decision-making bodies of political parties are tremendous and they
are being fought at all levels by indomitable women. Making false
accusations against those who are in no way responsible for this state
of affairs does nothing to help them in their struggle. Kishwar began
her article saying that any legislation that claims to favour women
sails easily through Parliament. This statement trivialises the
difficult, bitter and long drawn-out struggles that have had to be
waged for even the piecemeal passage of the Hindu Code Bill and the
partial passage of the Women’s Reservation Bill. The path to gender
justice is an arduous one, marked by these and other significant
victories achieved through movements and collective action outside and
within Parliament.
The writer is president, All India Democratic Women’s Association and
member of the CPM central committee


Lalu firm on opposing Women’s Reservation Bill

Source:  PTI News

STAFF WRITER 16:49 HRS IST
Patna, Mar 7 (PTI) Rashtriya Janata Dal (RJD) will oppose the Women’s
Reservation Bill “tooth and nail and are even prepared to be
marshalled out,” its president Lalu Prasad said today.

Dubbing the bill as a “political blunder”, Prasad alleged that it was
a conspiracy hatched by both BJP and Congress parties to suppress
representation of women belonging to the OBC, ST/SC and Muslim
communities.

The Centre does not have guts to implement the Ranganath Mishra
Commission and Sachar panel reports, and hence passing of the Women’s
Reservation Bill was merely a “diversionary tactic”, he told reporters
here before leaving for New Delhi to garner support against the bill
in its present form.

“I am for 50 per cent reservation for women belonging to all
communities.

.. But you cannot ignore the the interests of women from
deprived sections of the society.


BSP won’t support in present form, seeks quotas

Source: Indian Express

Express News Service Posted online: Monday , Mar 08, 2010 at 0231 hrs
Lucknow : THE BSP on Sunday said it would not support the Women’s
Reservation Bill if it was tabled in the House in its present format.
“The floor management of the BSP would be definitely there in the
House. We will take a decision after tabling of the Bill,” said BSP’s
national general secretary and Rajya Sabha member Satish Chandra
Mishra, clarifying that his party wanted “separate quota without
disturbing the original quota for the SC/ST”.

This came even as UP Chief Minister Mayawati sent a letter to Prime
Minister Manmohan Singh, demanding separate quotas for Dalit,
religious minorities, backwards and the poor from the upper castes in
the Bill. In addition, the existing reservation for Scheduled Castes
and Scheduled Tribes in Parliament and Assemblies must not be
disturbed, she added.

In her letter, the BSP supremo said she was in favour of giving
reservation for women for their full participation in politics, but

the proposed 33 per cent quota within the existing reservation for the
SC/ST was wrong.

“Besides protecting the existing quota, my party demands separate
reservation for women of the SC/ST communities within the proposed 33
per cent reservation for the women,” wrote Maya, who was earlier
believed to be averse to be siding with the SP which is opposing the
Bill.

Maintaining it was necessary to reserve seats for women of backward
communities, religious minorities and the poor from the upper castes,
she requested the PM to ensure the presentation of an amended Bill in
Parliament.


Brinda reels off statistics to show OBC women not disadvantaged

Source: Economic Times

10 Mar 2010, 0325 hrs IST, ET Bureau

Topics:BJP Brinda Karat Left parties Women Reservation Bill
NEW DELHI: If the UPA government managed to pass the Women’s
Reservation Bill in the Rajya Sabha, it was thanks to the BJP and Left
parties. EUPHORIC: Brinda Karat & Sushma Swaraj celebrate. (PTI)
Leader of the Opposition in the Rajya Sabha Arun Jaitley, while
initiating the discussion on the legislation, extended his party’s
full backing to the move. “The myth is that reservations create a
privileged society. The truth is that nature created all of us as
equals, the Constitution also provided equality. However, aberrations
in the society translated some equals into unequals,” he said.

“Reservation, therefore, is an affirmative action which is intended to
wash away the reality of inequality and translate it into a vision of
equality. Those who have been made unequal will today become equal
participants in decision-making. Reservation quotas for women,
therefore, become an essential instrument to jump-start the process of
equality,” Mr Jaitley said while making out a strong case for
empowering women.

He trashed anti-rotation murmurs and the ‘quota-within-quota’ demand
put forward by social justice parties. “Rotation is the most suitable
principle for sex-based reservation. It will ensure that in the 15
years, the life of this amendment, each constituency in the country
sends, at least once, a woman representative to Parliament. This will
increase the horizontal spread of activism,” he argued.

Citing the Constitution, Mr Jaitley said it provides for caste-based
reservations only for SCs and STs, and not for OBCs and minorities as
demanded by the critics of the bill. “When there is no reservation for
other communities, there is no reason why there must be quotas for
women belonging to these communities.”

Additionally, most candidates selected by political parties will
mirror the social character of the constituencies.”

Jayanthi Natarajan, while participating in the discussion on behalf of
the Congress, thanked Congress president Sonia Gandhi, Prime Minister
Manmohan Singh and the UPA for getting the bill passed in the Rajya
Sabha. “No other party or government had the guts to take it forward
and ensure that it became a reality,” she said.

Ms Natarajan’s claim was contested later by CPM member Brinda Karat,
who frowned on attempts by the Congress to appropriate sole credit for
the bill. “Please don’t forget the contributions made by women’s
organisations and groups over the years. They were also responsible
for getting the move on track,” she said, and hoped that the prime
minister would give due credit to them in his reply to the debate.

The CPM leader also rejected the demand for setting aside seats for
OBCs and minorities within the 33% quota. “It’s not just for one
class,” Ms Karat asserted, and cited statistics on female
representation from Bihar and Uttar Pradesh assemblies. “They show
that it’s not a disadvantage to be an OBC woman. In Bihar, out of the
243 seats, 24 were represented in the Assembly by women. And within
this category, 70.8% of the seats were bagged by OBCs, SCs and
minorities. In UP, the figure was an impressive 65%,” she argued.

BSP leader Satish Chandra Mishra opposed the bill in its present form,
and said that the reservation quota for women should be fixed in
direct proportion to their population (50%). He also advocated
amending the bill to set aside separate seats for SC/ST women, and not
slicing it from the main quota.


Quota within a quota is fallacious logic

Source: Economic Times

12 Mar 2010, 0734 hrs IST,

When a critical mass of 182 women enter Parliament and occupy one
third seats in state assemblies, it will include women from all
castes, Syeda Hameed
Member, Planning Commission
communities and classes. It will no longer be possible to sideline
Muslim women or, for that matter OBC women. The reasons are clear. The
reserved seats will be selected in some manner, such as drawing of
lots or hammering out a consensus . These seats will be rotated every
five years so that at the end of 15 years (or three elections) a woman
would have represented every single constituency in the country. The
men will have to give up their constituencies in favour of women, just
as they did with the 73rd and 74th Constitutional amendment.

It is quite likely (judging from the panchayat experience) that men
will field women from their families in order to ‘retain their seat.’
This ‘advancement of family women’ at the expense of the cause is
repugnant to all right-thinking people because the objective of
women’s reservation is different. It is to get capable, strong,
articulate and right thinking women into Parliament, so that the
selection of issues, standard of functioning and calibre of debate can
improve. But the reality is that today, men, even those seven men who
created the ugly scenes in Rajya Sabha on March 8 and shamed the
nation, will be thinking about women in their circle in case their
constituency becomes reserved in the next election. They will include
Muslims, OBCs and Dalits.

Reservation within reservation is a fallacious argument. Groups
supporting this have deliberately closed their eyes to reality. No one
is asking the question that if empowerment of Muslim women was such a
burning issue for those who today are shouting from the rooftops about
‘Muslim sisters’ why didn’t their political parties field them in the
first place? And if they did field a few, why give them constituencies
where they were sure to lose? Our responsibility is to begin preparing
lists of women across the country, Muslims, OBCs and others to ensure
that the dignity of Parliament is safe in the hands of women and men
of substance and dignity.

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Posted in Caste Issues, Current Affairs, Reservations, Womens Reservation | Tagged: , , , | Comments Off

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

Posted in Dalit Issues, Private Sector Reservation, Recent News, Reservations | Tagged: , | 3 Comments »

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 »

No automatic quota benefit in another State: Court

Posted by samathain on August 19, 2009

Source: The Hindu

J. Venkatesan

New Delhi: The Supreme Court has held that a person belonging to a particular community notified as Scheduled Caste/Scheduled Tribe in one State cannot automatically claim the benefit of reservation in another State or Union Territory.

A Bench consisting of Justices S.B. Sinha (since retired) and Cyriac Joseph said “both the Central government and the State government indisputably may lay down a policy decision in regard to reservation having regard to Articles 15 and 16 of the Constitution, but such a policy cannot violate other constitutional provisions. A policy cannot have primacy over the constitutional scheme.”

The Bench was setting aside a judgment of the Delhi High Court holding that the benefit of reservation should be extended to migrant SC/STs in appointments to Delhi Subordinate services, on their caste certificates being verified and found to be in order.

The court said: “Both the Central government and the State government indisputably may lay down a policy decision in regard to reservation having regard to Articles 15 and 16 but such a policy cannot violate other constitutional provisions.A policy cannot have primacy over other constitutional scheme.”

“If for the purposes of Articles 341 and 342, the State and the Union Territory are at par on the ground of administrative eligibility or in exercise of the administrative power, the constitutional interdict contained in clause (2) of Article 341 or clause (2) of Article 342 of the Constitution of India cannot be got rid of,” Mr. Justice Sinha said.

“If the Central Civil Services and the Union Territory Services are different, keeping in view the constitutional schemes particularly having regard to the proviso appended to Article 309 of the Constitution of India, the same cannot be done away with only because a Union Territory is administered by the Central government. Any direction or policy decision, thus, must satisfy the constitutional requirements laid down under Articles 341 and 342.”

The Bench said:

“We are unable to accept the contention that the members of Scheduled Castes and Scheduled Tribes notified as such in other States would come within the purview of the Backward Classes within the meaning of clause (4) of Article 16. If a caste or tribe is notified in terms of the Scheduled Caste Order or Scheduled Tribe Order, the same must be done in terms of clause (1) of Article 341 as also that of 342 of the Constitution, as the case may be. No deviation from the procedure laid down therein is permissible in law.

“It must be borne in mind at this juncture that in reality, various kinds of rights do not operate independently of each other. And importantly, when State puts its weight behind any particular set of rights by showing compelling interest, the courts have to ensure that the transfer or accrual of benefits as a result of the State action does not end up abrogating the competing rights of others to an unnecessary extent.”

The court had an important responsibility to inquire and assess that the law was not a narrowly tailored means of furthering those governmental interests.

“Narrow tailoring should satisfy the court that the law capture within its reach just the adequate activity, neither more or less, than is necessary to advance those compelling ends. In the ultimate analysis, the State action must be narrowly drawn in a manner that it can qualify to be the least restrictive alternative available to pursue those ends.”

Posted in Current Affairs, Dalit Issues, Education Issues, Recent News, Reservations | Tagged: , , , | 3 Comments »

IITs can’t expel SC, ST students on merit excuse: SC

Posted by samathain on August 15, 2009

(Anoop Kheri )
Kudos to Ravindra Kumar of IIT Delhi student who started this fight last year. It is an amazing and far reaching decision that will secure the future of thousands of Dalit students from such ‘Institute of excellence’ where every year hundreds of dalit students, though allowed entry due to reservation, are forced to drop out without giving any chance of proving their merit. But the reality is that such institutes due to their casteist biases made no effort to integrate students coming from different backgrounds and want to maintain the caste/class character in the name of merit. It took one year to come but all efforts of IIT Delhi Dalit students bore fruit.

Source: Times of india

NEW DELHI: The premier IITs cannot just cite pursuit of academic excellence as a reason to expel SC/ST students failing to make the grade, the Supreme Court said while exhorting the institutes to take care of those belonging to socially backward classes at every stage.

Asking IIT Delhi to reconsider its decision to expel five students from the backward classes for their poor performance, a Bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and B S Chauhan said, “These socially and economically backward categories are to be taken care of at every stage even in specialised institutions like IITs.”

Asking IITs not to apply the grading system mechanically to backward class students, especially those belonging to SCs and STs, the Bench said, “They must make all endeavour to provide additional coaching and bring them up at par with general category students.”

Writing the judgment for the Bench, Justice Sathasivam said SCs/STs were a separate class by themselves and the creamy layer principle did not apply to them. Additionally, the Constitution enjoins upon the state to promote with special care the educational and economic interests of people and protect them from social injustice and all forms of exploitation, he added.

After perusing the low grades of students who were expelled from IIT Delhi, the Bench said, “It is true that the petitioners were not able to secure the required credits as against the stipulated minimum requirement for continuation of their studies.”

However, it rose to their defence, especially as they were from the socially and economically backward class. “It is relevant to mention that admittedly all these students had joined IIT Delhi in the academic year 2006-07 and 2007-08 after clearing All-India JEE conducted for all the IITs in the year 2006 and 2007. It shows that they were successful in securing the minimum cut-off marks earmarked for the SC/ST categories,” the Bench said.

“In such circumstances, it cannot be claimed that all these students are not fit to be admitted in IIT,” it said, adding, “We are of the view that ends of justice would be fully met by giving one more opportunity to them.” It directed IIT Delhi to consider their cases afresh within four weeks taking into consideration the various aspects discussed in the judgment.

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