Tuesday, July 13, 2010

[ZESTCaste] 'Honour killings will continue'

 

http://news.oneindia.in/2010/07/12/honour-killing-old-khap-tradition-will-continue.html

July 12, 2010 » India
'Honour killings will continue'

Monday, July 12, 2010, 15:42 [IST]

New Delhi, Jul 12: The Khap gram panchayat announced that they will
continue 'honour killing' as their pride inspite of the fact that
Indian government is going to produce a new law of banning the
'killing' in the name of 'honour'.

Buzz up!At a meeting in Muzaffarnagar, several village bodies from
three states, voiced a defiant note and even supported killings in the
name of family honour.

Chaudhary Karan Singh, a participant of the meeting said to CNN-IBN,
"Khaps are like gods. They can do no wrong. If you are with us and
continue to show us in good light nothing can go wrong."

The predominant demand of the Khaps is that the Hindu Marriage Act be
amended to ban marriages within the same gotra or clan. Some even went
as far as to demand a ban on love marriages.

"We will not compromise on traditions. We will either kill or get
killed,"said Om Prakash Malik, a Khap member to CNN-IBN.

"No one can stop such deaths. Not the Government or the Supreme Court.
Even the military can not stop it," said Choudhary Naresh Singh
Tikait.

Though several actions had been taken against 'honour killing' but
still the villagers want to stick with their age old tradition.

OneIndia News

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[ZESTCaste] No changes to Hindu Marriage Act: Khap

http://www.indiablooms.com/NewsDetailsPage/newsDetails120710h.php

No changes to Hindu Marriage Act: Khap
India Blooms News Service

Lucknow, July 12 (IBNS): The All Khap Panchayat (body of caste
councils) has decided to oppose the proposed amendments to law dealing
with honour killings and will also submit a memorandum in this regard
to the President.

This decision was taken at a meeting of the All Khap Panchayat of
western Uttar Pradesh, Haryana and Delhi held at Shamli town in
Muzaffarnagar district on Sunday.

"We oppose the proposed amendments and will also submit the memorandum
to the President on July 21. The future course of action will be
decided in the next meeting to be held on July 26," Secretary of the
All Khap Panchayat Subhash Balian said.

They also demanded an amendment to the Hindu Marriage Act, 1955, to
disallow marriages between same gotra (clan).

The caste councils maintained that honour killings will continue and
the people will not support any move by the government to ban it.

The government had recently decided to set up a Group of Ministers
(GoM) to suggest changes in the present law and these amendments are
likely to be placed in the Parliamnent when it meets for the Monsoon
session later this month.

The views of the states would also be considered before bringning the
amendments, the government had said.

The amendments that have been proposed aim at bringing honour killings
under the definition of murder by amending the Indian Penal Code and
Indian Evidence Act, by which the Khap Panchayats will have to prove
their innocence.

The Government also plans to do away with the 30-day notice period
under the Special Marriage Act for inter-caste and inter-religion
marriages.


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[ZESTCaste] Khaps will resist marriages within same sub-caste; There will be social anarchy and immorality, warn members

http://www.deccanherald.com/content/80836/khaps-resist-marriages-same-sub.html

There will be social anarchy and immorality, warn members

Khaps will resist marriages within same sub-caste

Sanjay Pandey Lucknow, July 11, DHNS

Even as the Centre is mulling over tough laws to effectively deal with
the menace of ''honour killings'', the ''khaps'' (a group of caste
panchayats) on Sunday made it clear that they will not allow same
''gotra'' (clan) marriages and demanded amendment in the Hindu
Marriage Act to make them ''illegal''.


Terming same gotra marriages as "immoral" and "against the tenets of
Hinduism", the caste panchayats, at a meeting on Sunday in Uttar
Pradesh's Jat-dominated Muzaffarnagar district, about 450 kilometres
from here, said that such marriages must be banned.

Elder members from as many as 18 khaps, including those from the
neighbouring Haryana, where many incidents of honour killings have
been reported as well, took part in the meeting, which was presided
over by the 'Sarva Khap' general-secretary Subhash Baliyan.

The members claimed that "sagotriya" (same clan) marriages have been
banned in India even in the ancient times. "Its an ancient system,
which has been there for thousands of years," the members said. "Even
during the period of King Harshavardhana, same gotra marriages were
considered against the Hindu religion and were banned," claimed Om
Prakash Malik, a senior office bearer of the 'sarva khap'. "Our
society does not recognise such marriages as they violate the social
structure and laid down social rules and regulations. One has to
follow the social customs and traditions," said a member.
"There will be social anarchy and immorality if same gotra marriages
are allowed," added another member.

The khaps said that the Union government must enact a law declaring
same gotra marriages as illegal and amend the provisions of the Hindu
Marriage Act. The members said that a memorandum would be submitted to
President Pratibha Patil, Prime Minister Manmohan Singh and Congress
president Sonia Gandhi on July 21 next listing their demands. A
similar meeting would also be held in Delhi to decide about the future
course of action.

They, however, said that honour killings were not justified. "No one
should take law into his or her own hands," they said, adding quickly
that the opposition to the same gotra marriages was also justified.


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[ZESTCaste] Couple murdered, another gets khap panchayat threat

http://www.deccanchronicle.com/national/couple-murdered-another-gets-khap-panchayat-threat-590

Couple murdered, another gets khap panchayat threat

July 14th, 2010

PTI Gari Madhiya village, Suspected honour killing case Ghaziabad,
July 13: In a suspected honour killing case, a girl and a boy were
allegedly murdered by the girl's family, who were opposed to their
alliance in Gari Madhiya village, police said.

Distant cousins, Ishtiyak Ali, 21, and Shabnam,16, were in love. On
Saturday, Ali went to meet Shabnam. Later, the girl and the boy were
found dead. However, the parents of the girl claimed that Shabnam was
shot dead by Ali, who later committed suicide.

The post mortem report of the boy suggests that he was hit by a bullet
in his head from behind, the SP, Mr M. M. Beg, said, adding that it
seemed to be a murder case. He also suspects it to be a case of honour
killing.

In a separate incident, a mahapanchayat has threatened a couple with
"dire consequences" if they tried to enter their native Kakodh village
near Ghaziabad.

Sheetal, 21, and Sudhir, 24, both belonging to the Jat community and
the same gotra, eloped in November 2009 and got married in a temple.
They returned to the village and were met with stiff opposition from
their parents following which they left the place.

The mahapanchayat had earlier asked Sheetal to consider Sudhir as her
brother or leave the village, prompting the couple to seek police
protection.


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[ZESTCaste] Indian quota system

 

http://www.deccanchronicle.com/indian-quota-system-766

Duffer's Guide

Indian quota system

July 14th, 2010
Share Buzz up!Tags: Mandal commission, quota, reservation Q:What are
the main facets of the reservation system in India?
Under India's reservation system, 22.5 percent of jobs in the
government sector and seats in government run educational institutions
are reserved for scheduled castes and 27 percent is reserved for other
backward classes.

Q:How much reservation can be given?
Through various judgments, the Supreme Court had put a cap of 50
percent on reservations. However, some states have passed laws
exceeding that limit. On July 13, 2010, the SC relaxed this cap and
said states can exceed it provided they have solid scientific data on
the backwardness of communities.

Q:What is the Mandal commission report?
The Mandal Commission was set up in 1979 to examine the backwardness
of communities and suggest ways to improve the quota system. It
submitted a report in 1980 recommending 27 percent quota to OBCs. The
recommendation was implemented by the V.P. Singh government in 1990.

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[ZESTCaste] States can exceed 50% quota cap: SC

http://www.deccanchronicle.com/national/states-can-exceed-50-quota-cap-sc-674

States can exceed 50% quota cap: SC

July 14th, 2010
DC Correspondent Share Buzz up!Tags: Mandal commission, quota,
reservation New Delhi/ Hyderabad, July 13: In a major judgment, the
Supreme Court on Tuesday allowed states to exceed the 50 per cent
limit for reservation it had imposed provided they had solid
scientific data to justify the increase.

Through this, the apex court has virtually given up its 17-year-old
stance on the 50 per cent cap on reservation. It was in the Mandal
Commission case judgment of 1993 that the SC fixed 50 per cent as the
limit for quota in government jobs and education institutions. On
Tuesday, the apex court revised this view of the reservation policy in
two separate orders on laws passed by Tamil Nadu and Karnataka in 1993
and 1994 fixing the quota limit at 69 and 73 per cent respectively.
While disposing of petitions against the laws of the two states, a
bench comprising Chief Justice S.H. Kapadia and Justices K.S.
Radhakrishnan and Swatanter Kumar said these states could "revisit"
their enactments to exceed the reservation beyond 50 per cent limit
subject to the condition that they had "quantified" data to support
the increase. While TN had protected its enactment from judicial
review by placing it in Constitution's Ninth Schedule the Karnataka
law was stayed by the apex court in 1994 itself in absence of such
protection. The SC also gave one year to the governments of the two
states to collect data to justify the increase in the reservation
limit. This would mean that the Karnataka would continue with 50 per
cent quota and Tamil Nadu with 69 per cent for the time being.

Relaxing its stance, the SC said several changes had taken place after
the enactments, including amendments made in Articles 15 and 16, which
deal with the reservation, and passage of two major verdicts by it in
Nagraj and Ashok Thakur cases.


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[ZESTCaste] Inter-Caste Ties Behind Most Honour Killings

http://www.thelinkpaper.ca/?p=1052

Saturday, July 10th, 2010 | Posted by admin

Inter-Caste Ties Behind Most Honour Killings

Akhil Bhartiya Mahila Samiti members shout slogans during a prtest
honour killings in New Delhi.
Study finds that killings in Haryana, Punjab & UP are result of
patriarchal society's intolerance for girls' empowerment.

NEW DELHI – Barbaric honour crimes that have come to stay in the
northern states of Punjab, Haryana and Uttar Pradesh appear more
rooted in girls' empowerment than in same gotra marriages that Khap
panchayats are happily advocating.

Preliminary findings from a study commissioned by the National
Commission for Women (NCW) reveal that 72 per cent of the 326
documented honour-related crimes in the aforementioned vulnerable
states over the past one year involve couples that entered into
inter-caste marriages.

Only three per cent of these cases — data collected from authentic
sources like the police and court records — involve youngsters in same
gotra marriages where the issue of Jat pride and Khap panchayats
actually comes into play. As many as 15 per cent crimes happened in
situations where couples married without the consent of families.
Seven per cent happened where youngsters entered into contentious
wedlocks having run away from their houses while one per cent involved
couples in inter-religious weddings.

The findings point to a new reality — honour crimes are happening
primarily in situations where girls are walking out on families to
exercise their own choice of marrying a boy from another caste or
someone their parents didn't consent to. Plainly put, girls are paying
a price for making personal and professional choices."This assumption
is not an exaggeration. During our research, we went through all the
cases minutely and found that the trend is more about a patriarchal
society's intolerance for girls' empowerment than anything else. In
Haryana alone, more boys than girls are now dropping out of school;
more girls than boys are landing themselves good jobs. This is not
going down well with the system. That's why girls' families are the
largest perpetrators," Ravi Kant, president, Shakti Vahini told TNS.
He is also the petitioner in the honour killing PIL filed in the
Supreme Court, which has issued notices to eight state governments.

The researchers are also attributing the crimes to fears of property
division among families. "When girls marry against parents' choices,
there is always a possibility that she might claim her property share
as per the Hindu Succession Act of 2005. In arranged marriages, that's
less likely. This fear is another cause behind honour crimes. As for
Khaps, they are just drawing political mileage out of the situation,"
Kant said.


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[ZESTCaste] 'Existing laws enough for honour killings'

http://www.business-standard.com/india/news/qa-kamini-jaiswal-supreme-court-advocate/401009/

Q&A: Kamini Jaiswal, Supreme Court advocate

'Existing laws enough for honour killings'
Sreelatha Menon / New Delhi July 11, 2010, 0:50 IST


If the government can act against sympathisers of Naxalites, it should
act against khap sympathisers too, Supreme Court advocate Kamini
Jaiswal tells Sreelatha Menon

The government is looking at legal reforms to tackle the illegal khap
panchayats and the honour killings they have been abetting. What kind
of reforms are needed?
I don't know what the government is saying. All the laws are in place.
And honour killing is a misnomer. What is honourable about killing
one's offspring? It is not about honour but about tyrannical control.

But many of these killings have to do with marriages between people
from the same gotra and sub-castes. It seems an effort to protect
cultural identities.
It has nothing to do with gotras. Two decades ago, this was rare and
no one talked about castes and sub-castes so much. Inter-religious
marriages used to cause a lot of tension then. People can keep their
identities, but killing is a crime. As for the issue of identities
being played up, it is all political and there is nothing cultural
about it. One man is not different from another. Who has divided the
society into these small units? Our political parties have enhanced
their importance.

What about the caste census?
It is wrong and should never happen. In our application forms, they
force us to write our castes and sub-castes. Who does this help? It is
all for a political purpose. The benefit goes to political parties,
who use this to decide which sub-caste they should choose their
candidate from. They are pushing us back by decades.

Jats have been asking for an amendment to the Hindu Marriage Act to
ban same-gotra marriages. Is there anything in the law on this?
Under the Act, the only marriage prohibited is between sapindas who
are related up to the third ascendant on the maternal side and up to
the fifth ascendant on the paternal side. That too is allowed if the
custom of the community permits it. So, it is permitted in the south
but not in the north.

You say Section 302 of the Indian Penal Code can deal with khap
killings, but why does it seem helpless. A court recently said there
was a limit beyond which it could not help.
The law is not helpless. Its implementation is not taking place. The
police is not independent. It is corrupt and a part of the same
society which is perpetrating these crimes. The main reason is that
the government does not want to alienate a class as it is concerned
only about votes, not about human lives. Section 302 says whoever
commits murder shall be punished with death or imprisonment for life
and shall also be liable to fine.What more is needed? Section 300 says
when a murder is culpable homicide not amounting to murder. So, there
is nothing wrong with the law.

There is often no evidence of khap panchayats taking decisions to
order a crime. So, how can they be punished?
To prove a conspiracy, you don't need evidence. You don't have to show
meetings having taken place. Have they been able to prove that those
accused in the Mumbai blasts met? For someone caught for murder, you
don't need evidence. Motive and circumstance are enough.

If a couple goes to the police station and says their life is in
danger from so and so. Isn't it evidence? As for khap panchayats, what
is their legal sanctity? They can't be above the law of the land.

The court, in the case of Manoj and Babli, who were killed for
same-gotra marriage, sentenced five people to death and yet the
government feels the need for a new law!

The courts can do it. Everything else is an attempt to divert
attention from the issue. The truth is that you don't want to use your
law and order machinery. And, more importantly, you don't want to take
a decision. So, the easiest thing to do is set up a GoM (group of
ministers) and blame the law.

Laws like the PNDT Act have not prevented doctors from identifying
girl children and helping parents abort them. No one takes action. In
Bhopal, no one caught those who approved storage of such a toxic gas
in such large quantities. So, what is the solution?
It can come partially by social awareness. When two people from
different communities show the courage to marry, the young and
progressive people in the community should unite to support them.
These sections of the society should rise. If someone kills a son or a
daughter, families should not associate with them. The only form the
amendment can take is to the extent that if someone dies within so
many years of marriage, there should be a presumption that it is an
honour killing, provided families have been opposed to the marriage.

Again, when police do not record complaints, there has to be action.
There has to be action against the implementing authorities and those
who failed to do their job. In fact, under existing laws, dereliction
of duty is punishable.

What about the Member of Parliament who supports khap panchayats which
are illegal caste councils?
Even the chief minister of Haryana is supporting them. It is abetment
to an offence and you must catch them all. You must swoop down on all
those who are supporting or sympathising with illegal things. You must
be tough with khap panchayats and catch them while holding meetings to
judge on various issues. It is illegal. Or else, do away with the law.
Have only these illegal courts. You can't have both.

What if there is a reprisal from the community? What if they feel
alienated and hurt?
Let them be. Take action if you want law to rule. You arrest
sympathisers of Naxalites, even if they are activists or journalists.
One killer is not different from another.


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[ZESTCaste] Khaps meet on dishonour killings, but don't agree

 

http://www.ndtv.com/article/india/khaps-meet-on-dishonour-killings-but-don-t-agree-36895

Khaps meet on dishonour killings, but don't agree
NDTV Correspondent, Updated: July 12, 2010 01:13 IST

Muzaffarnagar: On a day they were meant to come out with ways to
unite, disagreements were out in the open. Leaders from 40 khaps or
informal village courts across different states including Uttar
Pradesh, Haryana and Delhi had gathered at Muzaffarnagar in Uttar
Pradesh to form a single platform for these panchayats, and they
defend themselves saying it is an image problem.

"We are just being portrayed like this by the media, we are against
dishonour killings. But yes, same gotra marriages should be stopped,"
said Umesh Malik, spokesperson of Swaroop Khap Samiti.

Khaps have come under scrutiny after North India saw several cases of
caste killings, some allegedly advocated by these local leaders to
condemn same gotra or same clan marriages. Clearly, the khaps are
under pressure to reinvent themselves.

Youngsters like Gagan Pawar, a law student from Delhi, believe they
have the answer.

"I would love to be a member of khap but I am never going to advocate
killing someone. I would instead explain the problems of same gotra
marriage patiently to people," said Gagan.

But there is a long way to go. Even after six such meetings over the
past one year, there has been no consensus, and given the enormity of
the challenge, now the Prime Minister has taken personal interest in
the issue, asking states to come up with ways to deal with the
problem.

Story first published: July 11, 2010 21:07 IST

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[ZESTCaste] 'khap issue a part of the deep social, religious sentiments and folk culture'

http://www.groundreport.com/World/-khap-issue-a-part-of-the-deep-social-religious-se_19/2925832

'khap issue a part of the deep social, religious sentiments and folk culture'

by Calcuttajourno July 10, 2010

Social activists in India want a separate law to deal with 'honour
killing'.Even Communist Party of India (Marxist) leader Brinda Karat
has written to the Prime Minister Manmohan Singh on that matter.The
government of India on Thursday (July 8) seemed divided on the issue
of a new law to tackle caste killings.cabinet colleagues are divided
over the decision for a law against Khap Panchyats.The home ministry
suggests that murder be redefined under the Indian Penal Code to
include "honour killings".But,some cabinet ministers say that the khap
issue was a sensitive one and a part of the deep social, religious
sentiments and folk culture.The Indian Evidence Act is likely be
amended so as to put the onus on the accused or the khap panchayats to
prove their innocence.Last month,the Supreme Court had sought a
response from the Centre and eight states on steps taken to prevent
such incidents.

An honour killing is the murder of a person accused of 'bringing
shame' on his-her family by refusing to enter into a marriage,
committing adultery or being in a relationship disapproved by the
family.
The practice of honour killing is rampant in Haryana, Outskits of
Delhi, Western Uttar Pradesh and Punjab and some parts of
Rajasthan.In Islamic countries honour killing is a major problem.
According to experts,Khap panchayat is a medieval institution where
people were divided into clans.They regularly try to settle disputes
among its members.Khap panchayat are dead against same-gotra (clan)
marriage.So when boys and girls of same caste fell in love or married
each other family members of the girl killed the girl or the boy or
both of them for the sake of the honour of the family. Even the
politicians support the khap panchayat.
On July 5, government employee and his lover were murdered allegedly
by the woman's husband and cousins, her brother and one of her
paramours.The incident was reported from south Delhi's Sarojini Nagar.
The victims have been identified as Uttam Kumar and Anju. In another
incident,Mandeep Nagar (23), Ankit Chaudhury (22) and Nakul Khari
(21), killed Ankit's sister Monica (24) along with her husband Kuldeep
(26) for marrying in a different caste, and Mandeep's 22-year-old
sister Shobha, who too had eloped with a man belonging to a different
case.Later,they were arrested by the Uttar Pradesh police from
Garhmukteshwar, about 90 km from Delhi.According to one estimate,
nearly 1,000 boys and girls fall prey to honour killings every year in
India,particularly in Punjab, Haryana and Uttar Pradesh.


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[ZESTCaste] Khap panchayat opposes proposed amendments in honour killings

 

http://www.hindustantimes.com/Khap-panchayat-opposes-proposed-amendments-in-honour-killings/Article1-571176.aspx

Khap panchayat opposes proposed amendments in honour killings

Press Trust Of India

Muzaffarnagar, July 12, 2010First Published: 15:21 IST(12/7/2010)
Last Updated: 15:24 IST(12/7/2010)

A body representing caste councils of western Uttar Pradesh, Haryana
and Delhi, has said that they oppose the proposed amendments of law to
deal with honour killings and will submit a memorandum to the
President on the issue. The All Khap Panchayat held at Shamli town in
the district last evening, in which the head of different caste
councils from western tter Pradesh, Haryana and Delhi, had decided to
oppose the proposed amendments on honour killings.

"We will also submit the memorandum to the President on July 21. The
future course of action will be decided in the next meeting to beheld
on July 26," Secretary of the All Khap Panchayat Subhash Balian said.

The khap councils has also demanded amendment in Hindu Marriage Act,
1955, disallowing marriages between same gotra.

The government on July 8 had decided to set up a Group of Ministers
(GoM) to suggest changes in the present law and said it felt
"pressured" to move these amendments in the upcoming Monsoon session
of Parliament beginning on July 26.

The Union Cabinet, chaired by Prime Minister Manmohan Singh, also
decided to seek views of states on the "sensitive" issue after it
discussed the matter to some length.

The amendments that have been proposed to aim at bringing honour
killings under the definition of murder by amending the Indian Penal
Code.

It would also seek to amend the Indian Evidence Act which would bring
the onus on Khap Panchayats to prove their innocence in any such case.

The khap panchayat (caste council) or any group ordering honour
killings and any person who carries out the diktat will be jointly
liable for punishment under the proposed legislation.

The Government also plans to do away with the 30-day notice period
under the Special Marriage Act for inter-caste and inter-religion
marriages.

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[ZESTCaste] Plea to fill SC/ST vacancies

 

http://www.hindu.com/2010/07/09/stories/2010070961370300.htm
Tamil Nadu - Madurai

Plea to fill SC/ST vacancies

Special Correspondent

MADURAI: The Madurai district unit of SC/ST Employees' Welfare
Association of Bharat Sanchar Nigam Limited (BSNL) has appealed to the
government to fill up backlog of SC/ST vacancies through a special
examination.

In a resolution passed at its annual general meeting here on Monday,
the association also opposed the diversion of funds allocated for
SC/ST welfare for other purposes. According to a press release, the
meeting called for the declaration of B. R. Ambedkar's birthday as a
permanent holiday.

By other resolutions, the association urged the BSNL to fill up the
vacancies in posts such as Junior Accounts Officer and provide
reservation for SC/ST employees in promotion.

The following were elected office-bearers at the meeting: M.
Subramanian (president); S. Gurusamy, S. Rajendran and A. Manivannan
(vice-presidents); S. Kandasamy (secretary); S. Sundram (deputy
secretary); G. Thangavelu, R. Prabahar and K. Palanisamy (assistant
secretaries); A. Pandian (finance secretary); and A. Kasinathan, S.
Raja, S. Lakshmanan, K. Velandy, K. Manuel and M. Sonai (organising
secretaries).

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[ZESTCaste] SC, ST's JAC seek revoking of bail in atrocities case

 

http://www.newkerala.com/news/fullnews-145342.html

SC, ST's JAC seek revoking of bail in atrocities case

Kakinada, Jul 12 : The East Godavari District SC and ST's Joint Action
Committee (JAC) today blamed the police for improper filing of an FIR
in a case relating to advocate M S Subbarao at Rajahmundry hurling
abuses against the Joint Collector Kona Sasidhar using caste name.

It demanded the Superintendent of Police to immediately file a
petition in the High Court, seeking revoking of the bail granted to
the advocate in the SC/ST atrocities case.

Addressing a press conference here, JAC co-convenors Pitta Vara
Prasad, Dhanarasi Shyamsundar and Rushyendrudu demanded that the Bar
membership of the advocate be cancelled and the judge, who granted
bail in the SC ST atrocities case, be shifted at once.

Claiming that for the first time all the SC and ST associations had
come under a single roof in the name of JAC setting aside the
differences to fight for the cause of 'dalits', they said it was
highly painful that Kona Sasidhar, an SC occupying the position of
Additional District Magistrate, was given a shabby treatment and
justice was not rendered to him because of the negligence of the
police.

They alleged that granting of bail almost immediately without
observing the legal procedures in SC/ST atrocities case showed that
both the police and the prosecution had acted half-heartedly.

--UNI

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