Sunday, September 4, 2011

[ZESTCaste] Poor dalit law execution: HC

Poor dalit law execution: HC

September 4, 2011
By J. Stalin

The Madras high court has observed that despite a number of
anti-discrimination statutes and positive-benefit provisions exist in
Indian law for the protection and benefits of dalits, tribals and
other backward classes of society, the implementation of these laws is

Directing the Tiruvannamalai district collector to expedite the
implementation of the Adi Dravidar housing scheme in right earnest,
Justice K. Chandru said, "Dalits face social, linguistic and
systematic barriers that become virtually impossible to overcome in
the face of an often hostile system and an insensitive civil
administration. The entire system is designed to exclude and ostracise

Dismissing a petition from R. Harikrishnan, challenging the
proceedings relating to acquisition of his dry land measuring 1.00
cents (hectare 0.40.5) at Sevoor village in Tiruvannamalai district
for granting free house sites to the Adi Dravidar people of the
village, the judge said it must be noted that the constitutional
validity of Tamil Nadu Acquisition of Lands for Harijan Welfare
Schemes Act 1978 (Act 31 of 1978) was upheld by the Supreme Court in
1995 and a Full bench of this court has settled the controversy on the
modalities of the procedure involved in the land acquisition for
Harijan welfare schemes in 2006.

"It is a pity that these cases which were filed a decade ago have
virtually frustrated the welfare scheme conceived for the welfare of
dalits. Thirty years have gone by and the law conceived for the dalits
remains on paper," the judge added.

Petitioner contended that his objections with regard to acquisition of
his land were not considered and instead of the district collector
satisfying himself, the gazette notification shows the satisfaction
was that of the government and therefore, on that short ground, the
acquisition must fail.

The judge said this court was fully satisfied that the collector had
taken appropriate steps.


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