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Friday, May 7, 2010

[ZESTCaste] Men who wrote the verdict

http://www.hindustantimes.com/Men-who-wrote-the-verdict/Article1-540754.aspx

Men who wrote the verdict

May 07, 2010
First Published: 22:15 IST(7/5/2010)
Last Updated: 22:17 IST(7/5/2010)

Chief Justice of India K G Balakrishnan was the first Dalit to hold
this high office.

Upon being appointed as a Supreme Court judge on June 8, 2000, the CJI
delivered some important judgments on constitutional issues such as
reservation for the OBCs in higher educational institutions.

Balakrishnan retires on May 11 and upheld the government's control
over pricing of gas in the Ambani brothers' dispute.

Justice P Sathasivam, who wrote the majority judgment favoring the
government, was enrolled as an advocate on July 25, 1973 at Madras.

As an advocate he argued civil cases, criminal matters, company
petitions, insolvency petitions, habeas corpus petitions.

He was appointed as the Madras high court judge on January 8, 1996 and
to the Punjab & Haryana High Court in April 2007. He was elevated to
the SC on August 21, 2007.

Justice B Sudershan Reddy differed with the bench hearing the case on
the issue of the legal status of the memorandum of understanding.

Unlike the other members, including the CJI, Justice Reddy said the
MoU has no sanctity and is not binding.
Justice Reddy was appointed as Andhra Pradesh high court judge in May 1995.

He was appointed as chief justice of the Guwahati High Court in
December 2005 and was elevated to the SC in 2007.

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[ZESTCaste] Dalits cremated, situation still tense in Hisar

http://ibnlive.in.com/news/dalits-cremated-situation-still-tense-in-hisar/113873-3.html

Dalits cremated, situation still tense in Hisar
Jyoti Kamal, CNN-IBNPosted on Apr 24, 2010 at 10:53

Hisar: Mirchpur in Haryana's Hisar has been simmering for the last two
days after a 17-year-old polio-stricken girl and her 70-year-old
father Tara Chand, both Dalits, were burnt to death by upper caste
Jats. Now the blackened walls, a disabled girl's cycle, charred
clothes are the mute witness to the horror story of 17-year-old Suman.
Angry villagers, initially, didn't allow the bodies to be moved. But
now the bodies have been finally cremated and some normalcy has
returned.

"What do I have left? Where do I go? My children are asking me to
bring them their father. Where do I get him from? Government has done
nothing to get us justice," says Tara Chand's wife Kamla.

"The Chief Minister has only given us assurances. He hasn't done
anything to get us justice," says Tara Chand's son Amar Pal.

Dalits from Hissar and other parts of Haryana also want cases
registered against a DSP, an SHO, a tehsildar and others. They claim
the police did nothing when Dalit houses were being burnt down. Cases
have now been registered against the police officials.

Dalit leaders are stroking the flames, saying Dalits are being
targeted by the powerful. The upper caste Jats say they are being
needlessly implicated.

"The SHO has been suspended. The guilty will not be spared," assures
Haryana Chief Minister BS Hooda.

Cases for murder and attempt to murder have been registered against 35
upper caste members.

Even though Suman and her father have been cremated, but the big
question everyone is asking is will Haryana move forward in time to
ensure fair play for all or will social disparities continue to breed
violence.

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[ZESTCaste] LJP supports caste-based census

http://www.ptinews.com/news/643769_LJP-supports-caste-based-census

LJP supports caste-based census

STAFF WRITER 18:27 HRS IST
New Delhi, May 7 (PTI) Supporting the demand for a caste- based
census, LJP today said government should undertake the exercise as it
will give a clear picture of the population of different castes living
in the country.

"Some castes say that they are 52 per cent, Some say they are 20 per
cent....There are several castes which have no mention in any list,
neither they are backwards nor Dalits. We demand census on caste
lines. There is no harm in it. Caste- based census was last done in
1931," LJP chief Ram Vilas Paswan told reporters here.

Noting that Prime Minister Manmohan Singh assured the Lok Sabha today
that government would take a decision shortly in the matter, Paswan
said, "We will welcome the move if government decides to conduct
caste-based Census."

Paswan underlined that no system has damaged the country to the extent
the caste system has done.

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[ZESTCaste] Mayawati govt sacks over 1,000 doctors

http://ibnlive.in.com/news/mayawati-govt-sacks-over-1000-doctors/114798-37.html

Mayawati govt sacks over 1,000 doctors

IANS

Lucknow: The Uttar Pradesh government on Friday ordered sacking of as
many as 1,058 doctors for "absconding" from duty.

According to Principal Health Secretary Pradeep Shukla, the doctors
were "absent from their duties for months and even years".

"The decision to terminate their services was taken after we had made
all efforts to get across to them," he said.

The exercise to detect the errant doctors was initiated by the
Mayawati government more than a year ago, following which notices were
issued by the directorate of medical and health services to each of
the defaulters.

"When the notices failed to elicit any response from the doctors, the
medical and health services director general got these notices
published in different newspapers too; yet there was no response.
Hence we resolved to take the final step of dismissing them," Shukla
said.

"Some of the doctors were found to have drawn salaries for months
after they absconded from duty," he added.

"The government is in the process of undertaking a recruitment drive
to appoint 2,500 new doctors to meet the requirements of the state,"
Shukla said.

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[ZESTCaste] Chief Justice Balakrishnan’s Last Big Case

http://blogs.wsj.com/indiarealtime/2010/05/07/chief-justice-balakrishnans-last-big-case/

May 7, 2010, 8:05 PM IST

Chief Justice Balakrishnan's Last Big Case

By Tripti Lahiri
The Ambanis finally got a verdict from India's Supreme Court in their
gas pricing dispute, in no small part because Indian Chief Justice
Konakuppakatil Gopinathan Balakrishnan turns 65 on Wednesday, the
official retirement age. Chief Justice Balakrishnan, who was elevated
to the position in January 2007, was the first Dalit, a community at
the bottom of the caste hierarchy, to hold that position.

As chief justice he has presided over rulings in hundreds of cases,
with the Reliance verdict being one of the most widely watched.

AFP/Getty Images
Chief Justice Konakuppakatil Gopinathan retires next week. On May 7,
the chief justice signed off on a 268-page judgment written by Justice
B. Sudershan Reddy that quoted Dr. Bhimrao Ramji Ambedkar, father of
India's Constitution, and "Globalization and it Discontents" author
Joseph Stiglitz.

"The neo-liberal agenda has increasingly eviscerated the state of
stature and power, bringing vast benefits to the few, modest benefits
for some, while leaving everybody else, the majority, behind," said
the judgment. "Historically, and all across the globe, predatory forms
of capitalism seem to organize themselves, first and foremost, around
the extractive industries that seek to exploit the vast, but
exhaustible, natural resources."

Another judge on the bench, P. Sathasivam, wrote his own judgment,
declining to put his name under the long disquisition on neoliberalism
and market forces.

The verdict relied in part on something Justice Balakrishnan wrote a
couple of years ago in another case before he was in his current post.

"The people of the entire country has a stake in the natural gas and
its benefit has to be shared by the whole country," he wrote in 2004
in Association of Natural Gas & Ors. V. Union of India & Ors. "There
should be just and reasonable use of natural gas for national
development."

For more about the winners and losers from the verdict, read this post.

It's been a busy month for Chief Justice Balakrishnan, with some 11
cases disposed of, including a ruling that police cannot force
suspects to undergo questioning under the influence of "truth serums,"
or chemicals meant to lower their defenses.

The actress Khushboo was able to heave a sigh of relief after the
court last month dismissed criminal cases filed against the South
Indian star after she made some remarks in 2005 about the increasing
prevalence of premarital sex.

There have been some odd judgments too. In August 2009, the judge
stayed a lower court's ruling granting the permission sought by a city
administration to have a mentally retarded woman who had become
pregnant while at a government-run facility undergo an abortion. The
chief justice felt that was not in her best interests even though he
conceded that she might not be capable of caring for the child by
herself. An expert body told the court the woman's mental status
affected her "ability for independent socio-occupational functioning
and self-sustenance."

After these busy years, the chief justice must be looking forward to
the break. According to a speech he gave in 2009, the average Indian
judge disposes of 1,200 cases a year and has only about 25 minutes to
devote to each case (although it's safe to assume the Ambanis got a
lot more time than that).

------------------------------------

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Friday, May 7, 2010

[ZESTCaste] Men who wrote the verdict

[ZESTCaste] Dalits cremated, situation still tense in Hisar

[ZESTCaste] LJP supports caste-based census

[ZESTCaste] Mayawati govt sacks over 1,000 doctors

[ZESTCaste] Chief Justice Balakrishnan’s Last Big Case

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