Thursday, March 4, 2010

[ZESTCaste] Cannot issue direction to fill up a particular post: HC

 

http://www.ptinews.com/news/546606_Cannot-issue-direction-to-fill-up-a-particular-post--HC

Cannot issue direction to fill up a particular post: HC

STAFF WRITER 23:7 HRS IST
Chennai, Mar 3 (PTI) The Madras High Court today said it could not
issue a direction to Chennai Petroleum Corporation Ltd (CPCL) to fill
up a particular post from among SC/ST candidates.

Dismissing a petition filed by Madras Refineries SC/ST Employees
Welfare Association, Justice K Chandru, citing a Supreme Court ruling,
said: "a court can not issue a writ in the nature of a mandamus
directing the CPCL to fill up a particular post without the Government
of India or CPCL undertaking an exercise to identify such posts to be
filled up by reservation in promotion".

He said the Association's appeal to enforce a right, which was neither
a constitutional right nor supported by any law made in this regard,
can not be sustained.

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[ZESTCaste] Samiti calls off dharna on govt's assurance

 

http://timesofindia.indiatimes.com/city/mangalore/Samiti-calls-off-dharna-on-govts-assurance/articleshow/5638514.cms

Samiti calls off dharna on govt's assurance
TNN, Mar 3, 2010, 11.09pm IST
S P Anand
MANGALORE: Karnataka Dalit Sangharsh Samiti has called off its
five-day-old indefinite dharna in front of taluk and district
headquarters offices following an assurance from the state government
that it would give an answer to their charter of demands in the state
budget. The samiti has continued its dharna in Bangalore to maintain
pressure on the government and has threatened to intensify the
agitation if the budget fails to meet their aspirations.

S P Anand, district general convener of the samiti (Ambedkar Vada)
told reporters here on Wednesday that a decision to stop the district
and taluk level dharna follows assurance given by the commissioner for
social welfare to leaders of the samiti in Bangalore on Tuesday that
the government would meet their demands in the state budget. "The
state leadership is in touch with us and will intimate us on next
course of action," he said.

The KDSS is planning to lay siege to houses of all Dalit legislators
in the state for their silence and failure to raise issues pertaining
to Dalit community in Karnataka. Referring to the case of S Angara,
Sullia MLA elected from a reserved constituency, Anand said Angara had
consistently failed to address problems faced by Dalit community in
the district. Most of these cases pertain to sexual assault on minor
girls from the community, he added.

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[ZESTCaste] Pakistan: Dalit families in Sindh a harrased lot

 

http://in.news.yahoo.com/139/20100304/874/twl-dalit-families-in-sindh-a-harrased-l.html

Dalit families in Sindh a harrased lot

Thu, Mar 4 06:05 PM
Karachi, Mar.4 (ANI): Sudden increase in violent activities and
abduction has forced several Dalit families in Sindh province's
Tharparkar District to shift to safer places.

As many as 65 Dalit families have reportedly left their village in
Aakle region of the district and shifted to Mithi town and other
adjacent areas.

Incidents of kidnapping for ransom has increased drastically in the
region in the recent past.

In one such incident, a fifteen years old girl, Daya, belonging to the
Meghwar Dalit community was abducted from her house located in Samaro
at night while her family members were sleeping.

Daya's family have received threats from the abductors for kidnapping
their other daughters if they try to launch any complain against them,
The Nation reports.

The troubled family has not only approached security officials, but
they have narrated their plight to local leader Faqir Sher Mohd
Bilalani, but nothing has changed.

Daya's mother Ratna said she had contacted Faqir several times but he
only gave her assurances to recover her young girl but so far nothing
has been done in this regard.

Ratna said she has not lodged any FIR against the kidnappers fearing
retaliation, but she can identify the kidnappers.

Daya's family members have demanded immediate action from the
government, which seems to have turned a blind eye towards the
problems of the masses, especially the minorities.

They have also appealed to the Chief Justice of Pakistan and the Sindh
High Court to take a suo motu notice of the abduction of their
daughter and lawlessness in the province. (ANI)

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[ZESTCaste] Dalits And Political Discriminations

http://www.articlesbase.com/politics-articles/dalits-and-political-discriminations-1903515.html

Dalits And Political Discriminations
Posted: Feb 24, 2010

Studies that are conducted by &nbsp;<EM>S.Viswanatha</EM> (Author of
the book Dalits in Dravidian Land) and <EM>Hugo Gorringe</EM> (Author
of &nbsp;Untouchable Citizens Dalit Movements and Democratisation in
Tamil Nadu) is significant and noteworthy as far as Dalit politics in
Tamil Nadu is concern.&nbsp; These studies brought out the Dalit
situation in one of more modernized and progressive states in the
country, Tamil Nadu.&nbsp; S.Viswanatha has chronicled the dimensions
of the Dalit situation in the state and found that&nbsp; Dalits still
are facing deprivations and discriminations in social and political
arena.</P>
<P><STRONG>T</STRONG>he discriminations are not only in social life
but also in political sphere. &nbsp;Often their right to vote is taken
through violent means.&nbsp; For instance, during the 13th and 14th
Lok Sabha elections in Cuddalore district, a strong vanniar strong
hold, witnessed violence in which many places the Dalits were
prevented from exercising their franchise or already their votes were
polled by other caste Hindus.&nbsp; It is significant to note that the
Election Commission has identified Cuddalore and Chidambaram
Parliamentary constituencies has <EM>'highly sensitive'</EM>
constituencies and sent addition police force to conduct elections in
1999, 2004 and 2009 Parliament elections.</P>
<P><STRONG>R</STRONG>eservation of posts in the three-tier Panchayat
structure for women and the Scheduled Caste and Scheduled Tribes is
one of the major features of the Panchayati raj institutions that were
put in place in 1996 under the Tamil Nadu Panchayat Act, 1994.&nbsp;
Sections of caste Hindus, particularly in southern districts, known
for frequent incidents of caste-related violence, have resented
reservations for Dalits from the very beginning.&nbsp; In the four
villages, where Dalits are in a minority and depend on caste Hindu
landholders for their livelihood, various methods have adopted to
stall the elections.&nbsp; First they prevented Dalits from filing
nominations.&nbsp; Later, fearing the wrath of the administration,
"community leaders" fielded Dalits of their choice as candidates,
helped win, and then made them resign soon after assuming
charge.&nbsp; This has been the case in Pappapatti.&nbsp; The caste
Hindu standpoint was that a Dalit could not be accepted as the
panchayat president.&nbsp; "If they become presidents, we may have to
show respect to them in village festivals and public functions.&nbsp;
This we cannot do" is the common refrain.&nbsp; No nominations were
received in Pappatti, Keeripatti, Nattarmangalam and Kottakatchiyendal
Panchayats from the President's post in the 1996 elections.&nbsp; In
the past, both districts have witnessed caste-related violence
involving Dalits and Mukkulathor, the predominant caste Hindu
community.&nbsp; The caste Hindu majority of the villages were
intolerant of a Dalit heading their Panchayat and they warned Dalits
heading their panchayat and they warned Dalits of serious consequences
if they dared enter the fray.&nbsp; Apart from this, the murder of the
Dalit president of the Melavalavu village panchayat in Madurai
district within months of his election in 1996 also deterred Dalits in
the four villages from taking part in the democratic process.</P>
<P><STRONG>I</STRONG>n 2001, caste Hindus in the four villages
repeated the same strategy of forcing Dalits out of the fray.&nbsp; In
the subsequent elections held along with "casual elections",
Pappapatti and Keeripatti opted to participate in the process, but
only to make a mockery of it by forcing the winners not only to resign
but also to plead with the state government to de-reserve their
panchayat.&nbsp;&nbsp; But after the DMK came to power in 2006 the
government has made some efforts to conduct elections to these
panchayats and elections were held and dalits candidates won the
elections and they are continuing as presidents of these
panchayats.</P>
<P><STRONG>Situation in Reserved Panchayats</STRONG></P>
<P><STRONG>T</STRONG>he recent study, by a Madurai based Human Right
organization, revealed that "untouchability" prevailed in one form or
the other in 70 per cent of the 83 reserved village panchayats in the
district.&nbsp; Answering a printed questionnaire, the panchat
presidents acknowledged that atleast 25 forms of 'untouchability'
exist in their village.&nbsp; Even the caste did not allow the dalit
panchayat presidents to head the village panchayat. &nbsp;In the
official meeting the vice-opresidents mostly the caste Hindus, occupy
chairs and dalit president sit on the floor as "mute
spectators".&nbsp; Even some of the dalit Panchayat presidents were
not given the chance to host the National Flag during the Independence
day functions.</P>
<P><STRONG>T</STRONG>he same situation prevails in the neighbouring
Sivaganga, Ramanathapuram and Virudhunagar districts.&nbsp; Presidents
of atleast 17 reserved panchayats have complained of untouchability
and caste based discrimination in their villages.&nbsp; In a printed
format, they have acknowledged discrimination at teashops, restriction
in access to public places and residential coloni9es of caste
Hindus.&nbsp; After the news published in the newspaper there was no
reaction, either condemning or organizing agitations, from the two
prominent dalit political parties.&nbsp; It was left parties who
successfully organized agitations against this discrimination and, it
seems, most of the Dalits outfits had not taken this issue very
seriously.&nbsp; Apart from responding to incident of caste violence
against Dalits, wherever they take place, Dalit parties ought to have
addressed this kind of political discriminations in elected bodies,
especially in Panchayat Raj</P>
<p><strong>About the Author</strong></p>
<p><p>Associate Professor of Political Science Annamalai University
Annamalai Nagar - 608 002 Tamil Nadu India</p></p><p
class="tracker">(ArticlesBase SC #1903515)</p>
<p>Article Source: <a
href="http://www.articlesbase.com/">http://www.articlesbase.com/</a> -
<a href="http://www.articlesbase.com/politics-articles/dalits-and-political-discriminations-1903515.html"
title="Dalits And Political Discriminations">Dalits And Political
Discriminations</a></p>
The Studies that are conducted by S.Viswanatha (Author of the book
Dalits in Dravidian Land) and Hugo Gorringe (Author of Untouchable
Citizens Dalit Movements and Democratisation in Tamil Nadu) is
significant and noteworthy as far as Dalit politics in Tamil Nadu is
concern. These studies brought out the Dalit situation in one of more
modernized and progressive states in the country, Tamil Nadu.
S.Viswanatha has chronicled the dimensions of the Dalit situation in
the state and found that Dalits still are facing deprivations and
discriminations in social and political arena.

The discriminations are not only in social life but also in political
sphere. Often their right to vote is taken through violent means.
For instance, during the 13th and 14th Lok Sabha elections in
Cuddalore district, a strong vanniar strong hold, witnessed violence
in which many places the Dalits were prevented from exercising their
franchise or already their votes were polled by other caste Hindus.
It is significant to note that the Election Commission has identified
Cuddalore and Chidambaram Parliamentary constituencies has 'highly
sensitive' constituencies and sent addition police force to conduct
elections in 1999, 2004 and 2009 Parliament elections.

Reservation of posts in the three-tier Panchayat structure for women
and the Scheduled Caste and Scheduled Tribes is one of the major
features of the Panchayati raj institutions that were put in place in
1996 under the Tamil Nadu Panchayat Act, 1994. Sections of caste
Hindus, particularly in southern districts, known for frequent
incidents of caste-related violence, have resented reservations for
Dalits from the very beginning. In the four villages, where Dalits
are in a minority and depend on caste Hindu landholders for their
livelihood, various methods have adopted to stall the elections.
First they prevented Dalits from filing nominations. Later, fearing
the wrath of the administration, "community leaders" fielded Dalits of
their choice as candidates, helped win, and then made them resign soon
after assuming charge. This has been the case in Pappapatti. The
caste Hindu standpoint was that a Dalit could not be accepted as the
panchayat president. "If they become presidents, we may have to show
respect to them in village festivals and public functions. This we
cannot do" is the common refrain. No nominations were received in
Pappatti, Keeripatti, Nattarmangalam and Kottakatchiyendal Panchayats
from the President's post in the 1996 elections. In the past, both
districts have witnessed caste-related violence involving Dalits and
Mukkulathor, the predominant caste Hindu community. The caste Hindu
majority of the villages were intolerant of a Dalit heading their
Panchayat and they warned Dalits heading their panchayat and they
warned Dalits of serious consequences if they dared enter the fray.
Apart from this, the murder of the Dalit president of the Melavalavu
village panchayat in Madurai district within months of his election in
1996 also deterred Dalits in the four villages from taking part in the
democratic process.

In 2001, caste Hindus in the four villages repeated the same strategy
of forcing Dalits out of the fray. In the subsequent elections held
along with "casual elections", Pappapatti and Keeripatti opted to
participate in the process, but only to make a mockery of it by
forcing the winners not only to resign but also to plead with the
state government to de-reserve their panchayat. But after the DMK
came to power in 2006 the government has made some efforts to conduct
elections to these panchayats and elections were held and dalits
candidates won the elections and they are continuing as presidents of
these panchayats.

Situation in Reserved Panchayats

The recent study, by a Madurai based Human Right organization,
revealed that "untouchability" prevailed in one form or the other in
70 per cent of the 83 reserved village panchayats in the district.
Answering a printed questionnaire, the panchat presidents acknowledged
that atleast 25 forms of 'untouchability' exist in their village.
Even the caste did not allow the dalit panchayat presidents to head
the village panchayat. In the official meeting the vice-opresidents
mostly the caste Hindus, occupy chairs and dalit president sit on the
floor as "mute spectators". Even some of the dalit Panchayat
presidents were not given the chance to host the National Flag during
the Independence day functions.

The same situation prevails in the neighbouring Sivaganga,
Ramanathapuram and Virudhunagar districts. Presidents of atleast 17
reserved panchayats have complained of untouchability and caste based
discrimination in their villages. In a printed format, they have
acknowledged discrimination at teashops, restriction in access to
public places and residential coloni9es of caste Hindus. After the
news published in the newspaper there was no reaction, either
condemning or organizing agitations, from the two prominent dalit
political parties. It was left parties who successfully organized
agitations against this discrimination and, it seems, most of the
Dalits outfits had not taken this issue very seriously. Apart from
responding to incident of caste violence against Dalits, wherever they
take place, Dalit parties ought to have addressed this kind of
political discriminations in elected bodies, especially in Panchayat
Raj

Retrieved from "http://www.articlesbase.com/politics-articles/dalits-and-political-discriminations-1903515.html"
(ArticlesBase SC #1903515)


DR.P.SAKTHIVEL

Associate Professor of Political Science Annamalai University
Annamalai Nagar - 608 002 Tamil Nadu India


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[ZESTCaste] Opposition parties stage walkout of AP Assembly

 

http://www.hindustantimes.com/rssfeed/hyderabad/Opposition-parties-stage-walkout-of-AP-Assembly/Article1-515081.aspx

Opposition parties stage walkout of AP Assembly

Press Trust Of India
Hyderabad, March 04, 2010
First Published: 13:34 IST(4/3/2010)
Last Updated: 13:37 IST(4/3/2010)

Opposition parties TDP, CPI, CPM and BJP walked out of the Andhra
Pradesh Assembly on Thursday alleging large-scale diversion of funds
earmarked under SC, ST sub-plans for the state.

The Praja Rajyam Party and Lok Satta Party too registered their
protest on the issue even as the Congress government was caught on the
defensive.

The matter was raised by senior Congress MLA D L Ravindra Reddy, who
pointed out that the SC, ST sub-plan was not being implemented
properly in the state.

He also referred to the Planning Commission of India's report that
found fault with the state government for not utilising the sub-plan
funds properly.

The TDP, CPI, CPM, PRP and BJP MLAs joined chorus on the issue and
cornered the government saying there was large-scale diversion of
funds meant for SCs and STs.

"In the last five years more than Rs 10,000 crore earmarked under SC,
ST sub-plans remained unspent. The amount spent were used for
irrelevant works like construction of Hyderabad Outer Ring Road,
improvement of Hussain Sagar lake, development of Krishnapatnam port
and other works," Leader of Opposition N Chandrababu Naidu alleged.

Of the Rs 5000 crore allotted for SC welfare during the current
fiscal, only 32 per cent were utilised, he said.

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[ZESTCaste] Major project to benefit landless dalits

http://www.hindu.com/2010/03/04/stories/2010030450900500.htm

Andhra Pradesh - Guntur

Major project to benefit landless dalits

Staff Reporter

Fallow lands to be developed into cultivable area under the programme


District Collector launches 'Kshetra Darshini'

The project to be completed by August


GUNTUR: Fallow lands in Guntur district are being turned into
cultivable areas and the landless dalits empowered under 'Kshetra
Darshini' project of the State government.

A joint effort of various government departments like Horticulture,
Agriculture, Social Forestry and District Rural Development Agency, it
is promising to usher in a small green revolution in the parched lands
of naxal-infested Palnadu.

The project is a component of Comprehensive Land Development Project,
under the aegis of National Rural Employment Guarantee Scheme (NREGS).

"About 3,000 landless dalits are being given title deeds in 6,935
acres of fallow assigned lands. This is the biggest project to develop
fallow lands benefiting SC/STs in the history of the district,''
District Collector B. Ramajaneyulu told The Hindu on Wednesday.

Administrative nod

The Collector, who has taken a keen interest in the project, gave the
administrative sanction on February 23 at a public meeting held at
Madipadu, where 149 beneficiaries were given away ownership deeds of
land measuring 324.35 acres.

The meeting, held under tight security , was attended by a large
number of villagers.

The district administration has also released a schedule to complete
the project by the third week of August. Following the administrative
sanction, activities like forest clearance, removal of boulders,
earthen bunding, ploughing and digging of farm ponds would be taken up
till the end of March.

Simultaneously, digging of borewells and electrification would be
completed by the end of April.

Personnel from the departments of Horticulture and Agriculture would
train the people in sowing and cultivation and the plantation would be
taken up in July. The cultivation would be done with the help of water
conservation methods, like drip irrigation.

Nodal agency

The District Water Management Agency (DWAMA), which was the nodal
agency for implementing the project, had selected the most backward
mandals in the district -- Atchampet, Vinukonda, Durgi and Bollapalli.

"This is a once-in-a-life time opportunity for the landless dalits to prosper.

The government would bear the entire cost of the project from clearing
the land until the beneficiary gets the first produce,'' the District
Collector said.


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[ZESTCaste] Assault slur on teachers

http://www.telegraphindia.com/1100304/jsp/nation/story_12174805.jsp

Assault slur on teachers

OUR CORRESPONDENT
Bhubaneswar, March 3: Four tribal girls of a kanyashram in Nabarangpur
district have accused three teachers, including the headmaster, of
sexual assault.

The incident took place at Government (SSD) Upper Primary School in
Bada Ambada in Kosagumuda block of the socially underdeveloped
district, about 550km from the state capital.

In a written complaint to the district collector yesterday, the
students spoke of the repeated harassment they have been facing from
the teachers — headmaster Pradip Sahu, Ishwar Bhatra and Padman
Bhatra.

Padman is reportedly the husband of the cook of the school, more
popularly known as Bada Ambada Sevashram in the area where female
literacy rate is quite low.

The students, all from Classes VII and VIII, first reported the matter
to an assistant teacher and sought his help in absence of a lady
teacher at the school.

"The assistant teacher had submitted a detailed written report
yesterday. District collector Rupa Mishra has asked the district
welfare officer and child development project officer to inquire into
the allegation," said a district-level government official.

The teachers, including the headmaster, were taken into police custody
today for interrogation.

"All the three teachers have been arrested and taken for medical
examination. Medical examinations of the victims were also done," said
investigating officer T.K. Patra of the Kosagumuda police station.

"Whether or not the teachers are guilty can be known only after the
medical reports are out. Interrogation of the accused is on," said
Patra.

The state government-run kanyashrams are residential secondary-level
schools meant for girl students, mostly tribals. Students and teachers
live together within the school-cum-dormitory premises.

The SC/ST welfare department secretary, Ashok Tripathy, has also
sought a report from district collector Mishra.

"Disciplinary action has been taken against the teachers. The
headmaster has been suspended and the two others who were working on
contractual basis have been disengaged," said Tripathy.

The department is also mulling appointing a lady teacher and a lady
supervisor in each of the 253 kanyashrams run by the department, said
an SC/ST department source.


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[ZESTCaste] Pakistan: Dalit families still displaced

 

http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Karachi/04-Mar-2010/Dalit-families-still-displaced

Dalit families still displaced

Published: March 04, 2010

KARACHI - Several Dalit families (Hindu) are still displaced due to
the rising incidents of kidnapping and insecurity in District
Tharparkar, mostly shifted to Mithi Town from Aakle village, The
Nation has learnt on Wednesday.
The reports, received here, mention that as many as 65 Dalit families
left their village Aakle and shifted to Mithi Town and others adjacent
localities due to insecurity to their lives.
Mentioning one of such incidents of kidnapping, the reports have
revealed that recently a fifteen years old young girl Ms Daya daughter
of Khaku belonging to Meghwar Dalit community was abducted from her
house located in Samaro at night while her entire family was sleeping.
Since then there was panic and fear was spread among the Meghwar
community in the village, that was not enough, the suffering family
was still receiving threats by the abductors for kidnapping their
other daughters if they try to launch any complain against them.
The victim Meghwar community, who left their hometown, has told that
they were voters of Faqir Sher Mohd Bilalani, when they approached him
to complain against the abduction of their daughter, but Faqir only
gave them assurances to recover their young girl but so far nothing
has been done in this regard.
The suffering family has said that the other hindu families have also
facing live threats from the accused and also threatening to abduct
their young girl.
The Meghwar victim community even could not lodge FIR against the
accused due to fear. They said that despite launching several
complains none of the public representatives bothered to pay any visit
to them.

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[ZESTCaste] Nepal: CA panel submits its report

 

http://www.thehimalayantimes.com/fullNews.php?headline=CA+panel+submits+its+report++&NewsID=231019

CA panel submits its report
Last Updated : 2010-03-03 1:08 PM

The Himalayan Times

Himalayan News Service

KATHMANDU: A Constituent Assembly (CA) committee formed to study the
preliminary reports of CA's 11 thematic committees today submitted the
report of Committee to Determine the Structure of Constitutional
Bodies to the full House of the CA. The CA's meeting to convene
tomorrow is likely to approve the report. Once approved, it will be
forwarded to the Constitutional Committee (CC), which is mandated to
integrate all reports and prepare single draft of the new
constitution.

The study-committee's coordinator Agni Prasad Kharel today presented
the report to the CA.

The proposed six bodies are Commissions on Women, Dalit, Indigenous
and Nationalities, Muslim, Minority and Disability and Madhesi. The
report of the committee will probably be approved by the CA full House
to sit on Wednesday.

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[ZESTCaste] Govt open to providing OBC quota on lines of SC/ST reservation

 

http://www.dnaindia.com/india/report_govt-open-to-providing-obc-quota-on-lines-of-sc-st-reservation_1355141

Govt open to providing OBC quota on lines of SC/ST reservation
PTI

Thursday, March 4, 2010 15:10 IST

New Delhi: In a bid to bring on board parties which are opposing the
Women's Reservation Bill in its present form, government today said it
was open to evolving a national consensus for granting reservation to
the OBCs on the lines provided to SCs and STs.

"Reservation is provided to SCs and STs in Lok Sabha with
constitutional amendment but no such reservation exists for OBCs....
Unless that happens we cannot do it in case of Women
Reservation...that's a different arena," law minister M Veerappa Moily
told reporters outside Parliament.

He added that the parties, which are opposing the Bill and are
demanding quota within quota, can extend their support to the Bill and
then think of the "larger canvas for providing reservation to OBCs in
both Houses (Lok Sabha and State Assemblies)".

He said that supporting the Bill "does not prevent them from taking up
the larger issue of reservation for OBCs in general.

"If they are very keen on the issue of OBC representation, they should
first try to build a national consensus for reserving seats for OBC
men and women in general for both Houses....that stands logic but
their present demand does not stand any logic," Moily, who himself
belongs to the backward classes said.

Moily's statement is significant in view of the fact that the Women's
Reservation Bill has been hanging fire for over a decade with major
parties from Hindi belt opposing it on the ground that it should have
quota within quota for OBCs.

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[ZESTCaste] SC/STs can’t claim quota in promotion

http://www.expressbuzz.com/edition/story.aspx?Title=SC/STs+can%E2%80%99t+claim+quota+in+promotion&artid=gqkvZ0s3OfY=&SectionID=lifojHIWDUU=&MainSectionID=lifojHIWDUU=&SEO=&SectionName=rSY%7C6QYp3kQ=

SC/STs can't claim quota in promotion

Express News Service
First Published : 04 Mar 2010 03:51:00 AM IST
Last Updated : 04 Mar 2010 06:35:38 AM IST

CHENNAI: Members of scheduled castes and scheduled tribes cannot claim
reservation in promotion as a matter of right, the Madras High Court
has held.


Article 16(4) of the Constitution providing for reservation in
promotion was only an enabling provision, Justice K Chandru observed
while dismissing a writ petition from the SC/ST Employees Welfare
Association of the Chennai Petroleum Corporation Limited (CPCL) in
Manali on Wednesday.

It was for the State to make appropriate rules consistent with
Articles 16(4), 16(4A) and 335 of the Constitution by granting due
representation in various posts. If the State wanted to make a
provision, it would have to collect sufficient data showing the
backwardness of the class, the inadequacy of representation of that
class in public employment and the mandatory compliance with Article
335 of the Constitution.

The court could not sit in appeal over the judgment of the State or
the employer and ordain that the particular post be filled by direct
recruitment/promotion and no mandamus could be issued either to
provide for reservation or for relaxation.

The attempt of the petitioner association to enforce a right, which
was neither constitutional nor supported by any law made in this
regard, could not be sustained. Further, as held by the Supreme Court,
the court could not issue a writ in the nature of mandamus directing
the CPCL to fill up a particular post without the Government of India
or the CPCL undertaking an exercise to identify such posts to be
filled up by reservation in promotion. The writ petition was
misconceived and devoid of merits, the judge said, and dismissed it.


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[ZESTCaste] The age of reason

 

http://ibnlive.in.com/blogs/prabhatshunglu/2416/61604/age-of-reason.html

The age of reason
Thursday , March 04, 2010 at 11 : 43

What if freedom of speech is untouched and untainted by religion? Why
does freedom of speech and expression get challenged just at the
threshold where religion seems to rear its head? Why is Hindu or
Muslim way of life as distinct and separate from the bedrock that
constitutes way of life for the entire humanity?

Are we to assume Socrates did deserve a death he ordained for himself
for having spoken his mind. A mind that laid bare the arrogance and
sham of the powers-that-be. Was Plato wrong in disseminating his
guru's Republic? Was not Buddhism pushed out of this country for
having challenged the dominant religious thought process of the times
and having laid bare the chinks in its armour?

Should we leave Thackerays and Bhagwats of this world to interpret one
of the oldest religions for any one of us. If Husain is accused of
painting Hindu pantheon goddesses in nude, what degree and intensity
of religio-sexual freedom are we espousing lending ourselves to
worshipping the symbolic phallus grounded in a symbolic vagina in the
most detailed manner? Should not the practice be discontinued because
it rebels against our sense and sensibility? Faithfuls all over have
obviously devised better ways to appease their gods. But this one
takes the cake.

What harm would be brought upon a Muslim woman divorcee if the law of
the land grants her alumni as against a shariati adalat which imposes
primitive justice? Why should economically weaker sections of the
society, across religions, be denied benefits of reservation? Or are
they condemned to live a life coloured by caste and religious bias and
tainted by that ultimate bias - poverty? Did not those who claim to be
Aryans encroach on the rights of the native aboriginals when they
settled in India and claimed it to be their own land?

Did Shah Rukh deserve such an acrimony for what he said? Prove that he
is NOT a better Indian than you and me. Prove that Husain is not as
much an Indian as you and me. Prove that Indian Muslims deserve to
come under the right-wingers' swords because somebody planned and put
aflame innocent passengers on board a train or per chance a train
bogey caught fire. And because somebody's god of small things differs
in imagery than yours.

The onus to prove anything is on Raj Thackeray, Bal Thackeray, Modi,
bigoted religious preachers and on a government that takes pride in
tom-toming secularism but every so often is found weak-kneed in
tackling the slightest ho-hum by religious fundamentalists. The onus
to come out clean on our inconsiderate ways of interpreting 'us'
versus 'them,' on our own parochial ways of juxtaposing relationships
in the backdrop of our sustained ignorance lies very much on us as a
collective band that constitutes a society rather than on one Shah
Rukh Khan or a MF Husain. Because at the end of it all what we help
build is an impenetrable layer of fanaticism around us that does not
allow space for freedom of speech and expression.

For these are the same forces who will pin you down to a number game
because that is one domain they claim confidence of having an edge
over reason. If surveys could have delivered the country of all its
ills and controversies a grand Ram temple mounted with a gold-polished
Hindu-ite symbol jutting out of its structure would have been adorning
the Ayodhya sky right above the disputed site as the potent symbol of
militant Hinduism.

But for past two decades and more, society has precisely been hijacked
by the thought process of a political class defined by the RSS and its
'Hindutva' affiliates. For the Sangh Parivar, symbols of the Ramayana
as envisaged in Valmiki and Tulsi Ramayana are the unquestionable
symbols of faith which every 'Hindu worth his salt' must adhere and
propagate.

For the record though there are as many versions of Ramayana followed
across south and South-East Asian countries which put Ram and Ravana
in a different light than the characters described in Valmiki's
Ramayana. A Buddhist jataka (tale) of Ramayana projects Ram and Sita
as siblings. In a Thai version of the Ramayana, Hanuman is not a
celibate but far from it, he's quite a ladies man who loves to do a
peeping-Tom when in Lanka. Ravana, along with Ram is worshipped as a
great sage in Buddhist and Jain versions of the Ramayana. There are
certain versions of the Ramayana written from Sita's perspective who
claims victory over Ram. Jyotiba Phule, Periyar and Babasaheb Ambedkar
had a different take on Valmiki's Ramayana from a purely caste-based
angle. In their version Ram is more or less a symbol of upper caste
out to subjugate the original inhabitants of this great land.

The point in question is also not whether Husain could or should have
retained Indian citizenship. The issue is not about citizenship at all
and those harping on it, whether inadvertently or not, are playing in
the hands of those who espouse rabid sentiments. What if those brush
strokes were brought to fall on the canvas by a Hari Krishna than a
Husain. Would he still been forced into exile by our samaj and become
the object of abject hate. Or the same samaj would have treated him
differently because he belongs to majority faith. But again we already
have answered this double-speak years ago because we did not reserve
such sentiments for Husain's contemporary from the field of Hindustani
music going by the name of Pandit Ravi Shankar. No ho-hum was raised
when Ravi Shankar quietly settled in the US accusing the Indian
government of not recognising his achievements enough. But Panditji
was conferred the Bharat Ratna soon enough. He has been living in the
US past over two decades, and now only visits India along with his
daughter Anoushka, purportedly to establish her in a land that gave
him international fame and considered him as one of its 'Ratnas'. But
when Husain takes up Qatari citizenship his faith is questioned and
being brought in direct clash with civilisational pundits.

What kind of democratic liberalism and inclusiveness are we professing
that feeds on suspicion and gets threatened by a mere brush stroke.
Inclusive development is all about taking the path of reason. It is
about all-round sahishundta ( tolerance ) - a trait eroding,
unfortunately, at a speed faster than opening a software fired by
Windows 7. We will but only have ourselves to blame for its
extinction, much as the falling count of tigers in India.

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