Latest News Update: Dec 3, 2009

Thursday, December 3, 2009

[ZESTCaste] Activists to trace history of Dalit movement

http://timesofindia.indiatimes.com/city/mysore/Activists-to-trace-history-of-Dalit-movement/articleshow/5297434.cms

Activists to trace history of Dalit movement
TNN 3 December 2009, 10:32pm ISTText Size:|
MYSORE: The Dalit activists will trace history of the Dalit movement
in Karnataka during a two-day meet starting Saturday.

Senior Dalit leader and former Union minister V Srinivasa Prasad has
been named the president of the Dalit Chintan Samavesh. Minor
irrigation minister Govind Karjol will inaugurate the meet.

The Samavesh will focus on various aspects like future targets of
Dalits, reservation for Dalits in government and private sectors,
Dalit politicians, Dalit writers and social transformation. The
Karnataka Dalit Welfare trust chief Shantharaju said two sessions have
been reserved for discussions on challenges of the Dalit economic
empowerment and relationship between Dalit organizations and political
class.

University of Mysore V-C V G Talawar, Kannada professor Aravinda
Malagatti, journalism professor Maheshchandra Guru and former IPS
officer and BSP leader Subash Bharani will attend the meet.

The Trust will award the Dalit Ratna awards to former legislator K
Siddaiah, former irrigation secretary Channabasappa and cancer
specialist Dr Vijayalakshmi Deshmane. Former minister B Somashekar
will present the award at the inaugural session.

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[ZESTCaste] Dalit man shot dead for sitting on chair

http://www.thaindian.com/newsportal/uncategorized/dalit-man-shot-dead-for-sitting-on-chair_100283959.html

Dalit man shot dead for sitting on chair

December 3rd, 2009 - 10:18 pm ICT by IANS -

Patna, Dec 3 (IANS) A Dalit man was shot dead in cold blood by a group
of upper caste men in a Bihar village for sitting on a chair to watch
a musical entertainment programme at a wedding, police said Thursday.
Harendra Kumar Manjhi, in his late 20s, was shot dead in Salempur
village in Saran district, some 80 km from here, by upper caste men
for sitting on a chair and violating the social status code at a
wedding late Wednesday night, police said.

According to family members of the victim, Manjhi was sitting on a
chair and watching the musical programme, when a group of upper caste
men asked his name.

"When he told them that he was a Dalit, that angered them so much that
he was shot dead for daring to sit on a chair," a relative of Manjhi
said.

Deputy Superintendent of Police Chandrasekhar Singh confirmed that he
too had heard this from the villagers.

Singh said a case under the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act has been lodged against some people.

Manjhi died on the spot and after that the marriage ceremony was cut
short and villagers fled from the site.

On Thursday morning when news of this incident spread in the village,
hundreds of Dalit men and women protested and demanded action against
the culprits.

Singh said police have begun investigation into the case but so far no
arrest has been made.

Manjhi belonged to the Musahar caste, poorest-of-the-poor Dalit caste
that was given the status of Maha Dalit by Chief Minister Nitish
Kumar.

–Indo-Asian news Service

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[ZESTCaste] Video: Face to Face with Manda Krishna Madiga

http://andhrawatch.com/tv-shows-and-new/7147-tv9-face-to-face-with-manda-krishna-madiga-video.html

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[ZESTCaste] Govt cannot be forced to give quotas: Supreme Court

http://indiatoday.intoday.in/site/Story/73303/India/Govt+cannot+be+forced+to+give+quotas:+Supreme+Court.html

Govt cannot be forced to give quotas: Supreme Court

New Delhi December 3, 2009
The Supreme Court on Wednesday held that citizens belonging to
backward classes, including scheduled castes (SC) and scheduled tribes
(ST), could not move courts to force the government to provide them
reservation.

A three-judge bench comprising Chief Justice K.G. Balakrishnan,
Justice P. Sathasivam and Justice J.M. Panchal noted that the
government was the best judge to take a decision on reservation and it
could not be claimed as a matter of fundamental right.

Dismissing petitions seeking a direction to the Haryana government to
provide reservation to SCs and STs in post-graduate medical courses,
the bench pointed out that it was for the state governments to decide
whether to provide reservation or not.

"In our view, every state can take its own decision with regard to
reservation depending on various factors," the bench observed.
"Article 15(4) (of the Constitution) does not make any mandatory
provision for reservation and the power to make reservation under
Article 15(4) is discretionary and no writcan be issued to effect
reservation," the bench held.

The bench accepted the contention of the state government that Article
15(4) - whichprovided for reservation in educational institu-tions -
was merely an "enabling provision"which entitled the government to
provide forreservation. Though the judgment pertained to reserva-tion
in educational institutions, Article 16(4)which provided for
reservation in public employment was also couched in a simi-lar
language.

The bench specifically recorded in its judg-ment that "sub-clause (4)
in both Articles 15and 16 is only an enabling provision for the
stategovernment to bring forward legislation or passan executive order
for the benefit of socially andeducationally backward classes of
citizens andfor the Scheduled Castes andScheduled Tribes".

Thus, a policy decision to pro-vide reservation, unless unreason-able,
would be protected by arti-cles 15(4) and 16(4) from beingassailed
before courts but a peti-tion could not be filed to force
thegovernment to provide reservaprovide for mandatory reservation.

Holding that Article 15( 4) did not make a mandatory provision for
reservation, the bench pointed out that the principle behind the
provision was that " preferential treatment can be given validly when
the socially and educationally backward classes need it". It further
accepted the contention that the state government was the competent
authority to decide the reservation in the state.

The petitioners, who had challenged the decision of the state
government not to provide reservation in post- graduate medical
courses, had pointed out that several states had provided reservation
to SCs and STs at the postgraduate level. They pointed out that the
All India Institute of Medical Sciences also provided reservation to
SCs and STs in post- graduate medical courses.

The bench rejected an argument that the state government was bound to
follow the policy of the central government which had provided for
reservation in postgraduate medical courses. Rejecting the argument,
the court said " the same ( policy) automatically cannot be applied in
other selections where state governments have the power to regulate."
Article 15( 4) states that the government could not be prevented from
" making any special provision for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes
and the Scheduled Tribes". Though it gives the state ( government) the
right to provide reservation for the backward classes, it does not
give the latter a corresponding right to claim reservation as a right.

Opposing the petition, the state government had argued that it had
taken a conscious decision of not providing reservation to SC/ ST
categories in admission at the post- graduate level and " such a
decision of the government suffers no infirmity". The state government
said the matter regarding reservation of seats in the PG courses had
been considered by it from time to time and the decision had been
taken keeping in view the recommendations of the Medical Council of
India and decisions in some other states.

" Since the government of Haryana has decided to grant reservation for
SC/ ST categories/ backward class candidates for admission at MBBS
level i. e.

undergraduate level then it does not mean that it is bound to grant
reservation at the postgraduate level also," Justice Sathasivam, who
wrote the judgment for the bench, said.

Though the court dismissed the petitions, it said Haryana government
would, however, be free to reconsider its decision. " However, we make
it clear that irrespective of above conclusion, the state of Haryana
is free to reconsider its earlier decision, if it so desires, and
circumstances warrant in the future years," the bench clarified.

The word of law
Article 15: Prohibition of discrimination on grounds of religion,
race, caste, sex, birth place 15( 4) Nothing in this Article... shall
prevent the state from making any special provision for the
advancement of any socially and educationally backward classes of
citizens or for the SCs and the STs.

Article 16: Equality of opportunity in public employment 16( 4)
Nothing in this Article shall prevent the state from making provisions
for the reservations in favour of any backward class of citizens,
which the state feels are not adequately represented in the services
under the state.

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[ZESTCaste] Centre's decision for quota in medical PG not binding on states, says SC

http://timesofindia.indiatimes.com/india/Centres-decision-for-quota-in-medical-PG-not-binding-on-states-says-SC/articleshow/5293122.cms

Centre's decision for quota in medical PG not binding on states, says SC
TNN 3 December 2009, 03:38am IST

NEW DELHI: In a ruling having a major ramification for medical
education, the Supreme Court on Wednesday held that the Centre's
decision to provide quota for SCs and STs in post-graduate medical
courses did not automatically bind the state governments to follow
suit and implement it in their medical colleges.

It took note of the fact that the Centre has provided for reservation
to SC and ST candidates in the All India Entrance Examination for
MD/MS/PG Diploma and MDS courses and also in the All-India quota PG
seats, but firmly handed down the ruling that "the same cannot
automatically be applied in other sections where state governments
have power to regulate."

Moreover, the Bench comprising Chief Justice K G Balakrishnan and
Justices P Sathasivam and J M Panchal appeared disinclined to grant a
direction to the states to follow the example set by the central
government. It upheld the Haryana government's decision not to provide
quota for SC/ST in PG medical courses.

"In our view, every state can take its own decision with regard to
reservation depending on various factors," said Justice Sathasivam
writing the judgment for the Bench.

It said: "Article 15(4) is an enabling provision and the state
government is the best judge to grant reservation for SC/ST/Backward
Class categories at PG level in admissions and the decision of the
state of Haryana not to make any provision for reservation at the PG
level suffers no infirmity."

It accepted the Bhupinder Hooda government's explanation that
reservation in under-graduate medical courses is being provided
strictly as per their policy but the PG level education in medical
education was governed by the Medical Council of India (MCI).
It noted that "even the MCI has not followed strict adherence to the
rule of reservation in admisions for SC/ST category at the
post-graduate level."

"In such circumstances, the court cannot issue mandamus (to the state)
against their decision and their prospectus also cannot be faulted for
not providing reservation in PG courses," the Bench said dismissing
appeals filed by one DR Gulshan Prakash faulting the Haryana
government's decision not to provide reservation in PG-level medical
courses in Maharshi Dayanand University.

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[ZESTCaste] Reservation for SCs, STs not mandatory in PG courses: SC

http://www.expressindia.com/latest-news/Reservation-for-SCs-STs-not-mandatory-in-PG-courses--SC/549095/

Reservation for SCs, STs not mandatory in PG courses: SC
Agencies Posted: Dec 02, 2009 at 1958 hrs

New Delhi The Supreme Court has ruled that providing reservation
benefits to SC, ST and OBC candidates in postgraduate courses is the
sole discretion of the government and a student cannot claim it as a
matter of fundamental right.
A three judge bench of Chief Justice K G Balakrishnan, Justice P
Sathasivam and Justice J M Panchal said though a preferential
treatment can be given to the candidates belonging to the reserved and
underprivleged communities, yet, there is no Constitutional obligation
for the Government to fulfil the same.

"Article 15(4) is an enabling provision and the State Government is
the best judge to grant reservation for SC/ST/Backward Class
categories at Post-Graduate level in admission and the decision of the
State of Haryana not to make any provision for reservation at the
Post-Graduate level suffers no infirmity."

"In our view, every State can take its own decision with regard to
reservation depending on various factors," Justice P Sathasivam
writing the judgement observed.

The apex court passed the judgement while dismissing the appeal of a
medical student Gulshan Prakash and others challenging the denial of
reservation benefits to SC/STs in post graduate courses MD/MS/PG
Diploma and MDS offered by Maharshi Dayanand University, Rohtak,
Haryana for Academic Session 2007-2008.

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[ZESTCaste] Dalits make their way to Hindu temple in Odisha

http://www.kalingatimes.com/odisha_news/news2009/20091202_Dalits_make_their_way_to_Hindu_temple_in_Odisha.htm

Dalits make their way to Hindu temple in Odisha
By Manoj Kar
Kendrapara, Dec. 2: In a departure from caste-bound tradition,
hundreds of Dalits from an obscure village today made their way into a
900-year-old Hindu temple that that till date had remained out of
bounds for them.

"It was a festive occasion. There was palpable amity and goodwill
among the residents of Kisinapur village under Souri gram panchayat.
The upper caste people besides Sarvodyaya workers exchanged warm
pleasantries as lower caste devotees entered the local Shiva temple.
After the deity's darshan, they offered puja," narrated Sandhyarani
Mallick, coordinator of Kasturba Gandhi National Memorial Trust.

There never existed caste-bound ill-will or the conflict in the
backward. However, Dalits were adhering to the tradition and never
made their way into temple, Mallick narrated.

Several Sarvodyaya organizations mobilized the upper caste people and
generated support that has paved the way today's momentous events, she
said.

A Padayatra in which several Sarvodyaya activists participated marched
through the dusty streets of the village. Both the Sabarnas and Dalits
spontaneously took part in the procession that converged at the temple
entrance point.

The temple priests offered Prasad to the padyatris that mostly
included the Dalits.

Later, the villagers cutting across caste spectrum dined together in a
grand community feast that was organized to mark the occasion.

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[ZESTCaste] PG quota state’s call, says SC

http://www.telegraphindia.com/1091203/jsp/nation/story_11816261.jsp

PG quota state's call, says SC
OUR LEGAL CORRESPONDENT
New Delhi, Dec. 2: A state government has the discretion to disallow
reservation of seats for backward sections in post-graduate courses if
it deems fit, the Supreme Court has ruled.

"Article 15 (4) is an enabling provision and the state government is
the best judge to grant reservation for SC/ST/ OBC categories at the
post-graduate level," a three-judge bench headed by the Chief Justice
of India, K.G. Balakrishnan, said. "In our view, every state can take
its own decision with regard to reservation depending on various
factors," the bench said, adding that such a decision could not be
said to have been taken in perpetuity.

The decision could be reconsidered by a state government if the
circumstances warranted, it said.

The court was dealing with a petition filed by Dr Gulshan Prakash
against the Haryana government's decision not to allow reservations in
the entrance test for Doctor of Medicine (MD), Master of Surgery (MS),
post-graduate diploma and Master of Dental Surgery (MDS) in the state.

Under Article 15(4), states could, if they wanted, provide for
reservations by either a law or executive instructions at any level
for socially and educationally backward classes. On the scope of the
article, the court said preferential treatment could be given when
socially and educationally backward classes needed it.

"This article enables the state government to make provisions for the
uplift of Scheduled Castes and Tribes, including reservation of seats
for admission to educational institutions," the court said. "Article
15(4) does not make any mandatory provision for reservation and the
power to make such reservation under Article 15(4) is discretionary
and no writ can be issued to effect reservation. Such special
provision may be made not only by the legislature but also by the
executive."

The Haryana government had taken a decision on April 5, 1998, not to
have quotas for SC/STs at the post-graduate level. That decision was
communicated to the Pandit Bhagwat Dayal Sharma Post Graduate
Institute of Medical Sciences, Rohtak, and the Maharshi Dayanand
University, also in Rohtak.

Dr Prakash challenged it as violative of Article 15(4) first in the
High Court where he lost on February 5, 2008. The prospectuses of the
medical colleges for the academic year 2009-2010 did not have
provisions for reservation at the post-graduate level.

He then filed an appeal in the Supreme Court. His lawyers argued that
even in the All India Entrance Examination for post-graduate courses,
the government had made a provision for reservation for SC/ST
candidates. He argued that Haryana was bound to follow the same and
issue appropriate orders.

The apex court upheld the argument of the state that had considered
the recommendations of the Medical Council of India and precedents in
other states. These showed reservation for SC/STs in post-graduate
courses was neither feasible nor warranted.

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[ZESTCaste] Dalits win temple rights

http://www.telegraphindia.com/1091203/jsp/nation/story_11813865.jsp

Dalits win temple rights
PRIYA ABRAHAM
Bhubaneswar, Dec. 2: The Chateshwar temple in Cuttack district shed
its prejudice by opening its doors for Dalits today.

Led by veteran Gandhian Subba Rao, hundreds of Dalits, including
sweepers, cleaners, night-soil collectors and leather tanners, joined
the "Harijan padyatra" to reach the temple in Satyabhamapur where they
were accorded a warm welcome by the temple authorities.

Otherwise known as "ritually polluted", the Harijans — mostly women —
offered prayers and sang bhajans with their upper caste counterparts
today. "In the past, we had several rounds of talks with the temple
committee but they were hesitant. Finally, we were able to convince
them," said Biswajit Ray, the ex-convener of the Rashtriya Yuva
Sanghatan.

Ray said Mahatma Gandhi and Vinoba Bhave visited the Puri Jagannath
temple along with people of the minority community and the Dalits in
1934. However, despite their best efforts, the then Puri temple
authorities did not allow Gandhiji's entourage comprising Muslims,
Christians and Dalits to enter the temple. Protesting the move,
Gandhiji launched a "Harijan padyatra" from the temple's Singhadwar.
Gandhiji asked: "Why should there be any difference between men in a
temple of God?"

"Today, we have entered the 75th year of Gandhiji's padyatra and this
entry to Chateshwar temple marks our continuous fight against
untouchability," Rao said.

"The programme is especially relevant today when Orissa is engulfed in
a deep social divide. Our intention is to apply a soothing balm of
sensitivity as well as sensibility on social scars like
untouchability," he said.

The Chateswar temple, built by King Anang Bheem Dev III in 1211, is a
popular Shaivite peetha in Satyabhamapur, the birthplace of Madhusudan
Das, the architect of separate Orissa province and a social reformer.

Some 500 Harijans joined a 45km procession — organised under the
banner of Rashtriya Yuva Sangathan entities, including Kasturba Gandhi
Rashtriya Smarak Trust and Utkal Gandhi Smarak Nidhi — from Bairi in
Jajpur district on Monday. The procession went through Chhatia,
Champapur and Veda villages before it reached Satyabhamapur, about
40km from here, today.

Security was put in place to avoid any untoward incident. However, the
entire episode was peaceful and there was co-operation from all
fronts, said Ray. "The move should be taken as a positive change and
should be replicated at the Jagannath temple," said development
activist and Gandhian Bhagbanprakash.

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[ZESTCaste] Dalits enter temple, priests welcome

http://www.expressbuzz.com/edition/story.aspx?Title=Dalits+enter+temple,+priests+welcome&artid=aVvhO/N5t2Q=&SectionID=mvKkT3vj5ZA=&MainSectionID=fyV9T2jIa4A=&SectionName=nUFeEOBkuKw=&SEO=

By Express News Service
03 Dec 2009 04:33:00 AM IST

Dalits enter temple, priests welcome

SALEPUR: Dalits under the Rastriya Yuva Sangathan today concluded
their padayatra at the 1886 year-old Chateswar temple in Kisinapur
village under Sauri gram panchayat in Cuttack district. The padayatra
was organised to mark 75th year of Mahatma Gandhi's padayatra against
untouchability in 1939.
The Dalits began the padayatra from Bairee in Jajpur on November 30
and ended at Kisinapur after passing through Chattia, Champapur
ashram, Lekhapur, Rameshawar, Gopinathpur and Satyabhamapur, the birth
place of Utkal Gaurav Madhusudan Das.
After a meeting in front of the temple, that was presided over by
Justice Chaudhury P.K. Mishra, the Dalits entered the temple. Their
entry was welcomed by the sevayats of the temple who also served them
'prasad'.
Members of Utkal Gandhi Smarak Nidhi, Gandhi Peace Foundation, Sarba
Seba Sangh, Varnasi and Gandhi Yuva Sanghathan, Kasturba Gandhi
National Memorial Trust participated in the padayatra.

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[ZESTCaste] Amid mass deprivation one sixth grader talks of equality

http://upiu.com/articles/a-sixth-grader-wants-equality-vowes-to-fight-for-dalits

Amid mass deprivation one sixth grader talks of equality
By Chandrani Ray
Published December 01, 2009

Kokunuru Sireesha is a pint size sixth grader with a king size dream.
No, it's not the usual dreams of high flying careers in business or
law or medicine; neither does she want to join the media bandwagon.
Sireesha simply wants to obliterate the road that run through her
village segregating the Dalits from the rest of the population.

Born into a Christian Dalit family in a small remote village called
Kothappallamitta in Andhra Pradesh, India, Sireesha has seen
segregation all her young life. While Dalit families live in one part
of the village and upper castes population occupy the other. And
though it's the same market or public transport that everyone uses,
the physical topography of the huts on either side of the village is a
painful reminder of the last vestiges of the Indian caste system that
leaders like B.R. Ambedkar and Mahatma Gandhi fought for.

A student at St. Peter's School, Sireesha say, "I know I belong to a
"scheduled caste" and I think that segregation is bad

"We should not discriminate against other people and when I grow up I
will tell people that being mean is wrong."

(The "Scheduled Caste" and the "Scheduled Tribes" are terms used by
the National Commission for Scheduled Caste in India to specify
communities with social, economic and academic backwardness.)

Sireesha's school St. Peter's is the only hope she rides on. A village
with mostly manual laborers and tenant farmers, parents often do not
have the means to send their children to school. With no formal
education prejudices run high and are passed on from one generation to
another. The school opened its doors in 2001, though not without
hurdles.

"A lot of upper caste families withdrew their kids, since this was a
predominantly Dalit project," says

Michael Haslett, an American University alum and a founding member of
St. Peter's School.
Haslett first arrived in India in 2000 to work for Dalit rights and
after extensive surveys and research he and a group of friends
embarked on a mission to provide these kids with what they could never
afford - a school.

"We realized that education was the only way out of this."

The school now has a seventy percent Dalit population and Sireesha is
one of them.
Sireesha's classmate Solingapuram Jalaja, a Hindu Dalit says she knows
she belongs to a "backward caste."

"When I am old enough I would tell people that both Christians and
Hindus are the same."

Motukuru Reika, a teacher at the school and a Dalit herself has
countless experiences of discrimination to choose from. Her family's
small plot of land was lost when a neighboring high-caste land owner
build a fence blocking Reika's family's access to the farm.

"My father's request for a diversion in the fence was met with a
severe physical assault."

Sireesha, Jalaja and Reika have all witnessed violence related to
segregation. While Sireesha knows from her moral science classes that
violence is wrong, Reika sees the social undertones in these
incidents.

"Often the higher caste folks would carry out a systemic beating of
Dalits in one area by Dalits in another area by simply providing
alcohol to one group.

"If a higher caste person is convicted in a trial, he would pay a
Dalit some money to take his place in jail, instead."

"When my father was beaten, we tried to file a police report and we
failed because police would not file a complaint against the upper
class people," Reika points out.

Haslett, who managed to gather enough funding to provide for tuition,
stationeries and other necessities, says that he is already noticing
changes in these children.

"Students like Sireesha and Jalaja are starting to learn about
equality and that I think is most important."
"Everyone sits together in the classes and parents no longer bring up
the issue of proximity and that feels like an achievement."

The next goal is to get the school, currently operating till the
seventh grade, through to the tenth grade and then on to XIth and
XIIth (called +2 level of education in India).

Dalits have been a visible people in India and South Asia as far back
as 2000 B.C. While Gautam Buddha rejected the caste system, Ambedkar,
a Dalit himself fought for their rights. Mahatma Gandhi named them
"Harijans" means children of god. Though there are signs of affluence
in some areas, a vast majority of this community in India still dwells
in abject poverty. With years of discrimination and lack of education,
their plight is but little improved with the Indian government's
"quota" reservation system, put in places of education and employment.

In this vast gloom of deprivation Sireesha is a rareity. She and a lot
of other students just finished a fundraising campaign for the recent
floods in Andhra Pradesh.

"I will tell people to stop fighting, if I see that happening again in
my village," she ambitiously declares.

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

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Thursday, December 3, 2009

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