Latest News Update: Feb 4, 2010

Thursday, February 4, 2010

[ZESTCaste] Bill providing security for dalit monuments passed

http://beta.thehindu.com/news/states/other-states/article100822.ece

Bill providing security for dalit monuments passed
Special Correspondent

The State Special Zone Security Force Bill, 2010, which provides for
the creation of a separate force for the protection of monuments,
parks, memorials and statues to Dalit icons in Lucknow and Noida, was
passed by voiced vote in the Uttar Pradesh Assembly on Thursday.

The Bill was tabled in the House last week.

Speaking on the need to create a special security force, the
Parliamentary Affairs Minister, Lalji Verma said there is a shortage
of personnel in the police and Provincial Armed Constabulary (PAC) for
protecting the monuments built to Dalit icons. Mr. Verma said the
security around in the Taj Mahal has been handed over to the Central
Industrial Security Force (CISF) and additional force had been
deployed for security purposes in Ayodhya, Mathura and Kashi (
Varanasi).

The parliamentary affairs minister said the personnel of the special
security force would be imparted specialised training.

Opposing the Bill, the leader of BJP Legislature Party, Om Prakash
Singh said the creation of the security force was unwanted and it
would have been better if a force had been created for the security of
the Imambaras in Lucknow, the Taj Mahal and for security purposes in
Ayodhya, Mathura and Kashi.

Pramod Tiwari of the Congress said a force was being created for
monuments whose construction had been stayed by the Supreme Court.

Avadesh Prasad of Samajwadi Party alleged that it seems that a force
is being created for political workers with the help of public money.

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[ZESTCaste] Mayawati government’s budget focuses on infrastructure

http://www.thaindian.com/newsportal/business/mayawati-governments-budget-focuses-on-infrastructure_100314826.html

Mayawati government's budget focuses on infrastructure

February 4th, 2010 - 8:31 pm ICT by IANS -
Lucknow, Feb 4 (IANS) The Uttar Pradesh government's annual budget of
Rs.153,000 crore, tabled in the state assembly here Thursday, provides
a major thrust to infrastructure, energy, information technology,
rural employment and health.
The tax-free budget has avoided any allocation towards Chief Minister
Mayawati's obsession — memorials and statues on which her government
has spent more than Rs.5,000 crore so far.

And though Mayawati has vehemently criticised the central government
for denying Uttar Pradesh a special economic package of Rs.85,000
crore for development of the backward Bundelkhand and Purvanchal
regions, the budget has allocated just Rs.390 crore for this.

The government, however, has allocated Rs.8,000 crore to the power
sector to boost industrial development.

Besides, schemes worth Rs.9,226 crore were forwarded to the Rural
Electrification Corp for providing electricity to some 127,000
villages.

A provision of Rs.5,808 crore was also made for the construction of
roads and bridges during 2010-11, besides Rs.4,758 towards
construction and maintenance of hospitals.

On the IT front, provision has been made for establishing public
service centres in 18,000 villages to provide services like issue of
birth and death certificates, ration cards, residence and caste
certificates and registration in employment exchanges.

The budget also envisages setting up 28 new courts "exclusively for
hearing cases of corruption".

In order to promote self-employment, the budget provides for
establishment of 9,500 village industry units in the coming financial
year, for which a provision of Rs.247 crore has been made.

It also talks about providing employment to 25,000 weavers, besides
creating 900,000 new small entrepreneurs under the urban
self-employment scheme.

An allocation of Rs.400 crore has been made to benefit 75 lakh
families under the National Rural Employment Guarantee Scheme (NREGS).

Interestingly, Finance Minister Lalji Verma kept fumbling for details
on being confronted by routine queries at a press briefing after he
tabled the budget.

A flustered Verma finally excused himself on the pretext of going back
to the house, following which the press was briefed by cabinet
secretary Shashank Shekhar Singh.

Asked to comment on the absence of any attempt by the government to
curb rising prices, Singh said: "There is precious little that any
state government can do to curb prices."

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[ZESTCaste] Nepal: Will new constitution bring hope for Dalits?

http://www.nepalnews.com/main/index.php/component/content/article/13-top-column/3960-will-new-constitution-bring-hope-for-dalits.html

Will new constitution bring hope for Dalits?

The constitution can't be 'new' if it fails to address the issues of
Dalits. Still, there is fear that new constitution might well be like
'old wine in a new bottle'.

By Ramesh Sunam

It is still unsure whether Nepal's new constitution will be
promulgated within the stipulated time. However, issues to be
addressed by the new constitution are being debated across political
and academic circles. One of the major issues is how to address social
exclusion in the new statute. Despite its natural and cultural beauty,
the Himalayan country can be viewed as a case for discrimination based
on caste, gender, class, religion, culture and geographical location.
Of the various forms of discrimination, caste-based discrimination has
had broad social and economic implications in Nepalese society. No
part of the country is free from caste-based discrimination
(untouchability) though degree and nature of discrimination may vary.
Although there is controversy on the figure of Dalit population, 20
percent is quoted widely. If this is true, one in every five Nepalese
has to face discrimination everyday just being born into a Dalit
family. The constitution can't be 'new' if it fails to address the
issues of Dalits. Still, there is fear that new constitution might
well be like 'old wine in a new bottle'.
Dalits are far behind in vital national statistics. About 80 percent
of the Dalit population lives below poverty line. Literacy rate of
Dalit stands at 34 percent against the national average of 54 percent.
Their life expectancy is 51 years in contrast to the national average
of 59 years. Similarly, per capita income of Dalit is about US $40,
which is perhaps the lowest in the world. 23 percent of Dalit are
landless and 49 percent have less than 0.1 hectares of land. These
figures for Madhesi Dalit and Dalit women are shockingly low. These
facts depict the appalling situation of Dalits in Nepal. However, it
seems that Dalit wings of political parties and Dalit NGOs have not
given enough attention to the fundamental issues of Dalits. The
political parties are only concerned either about strengthening the
current government or toppling down it, outing the main task of
constitution making on the backburner.

A few inspiring initiatives have been taken by Dalit wings of
political parties and Dalit NGOs, for instance, formation of united
forum of Dalit wings of major political parties and setting common
Dalit agenda to be incorporated into the new constitution.

Nonetheless, they have failed to exert adequate pressure on the
political parties to insert those agenda in the new constitution. Some
reasons account for this. First, it appears that they can't go or not
have enough courage to go beyond party politics for Dalit cause.
Second, they are not confident that Dalit populace will support them
if they conduct political campaign. In the history of Nepal, the large
number of Dalit members (50) has been elected in the constituent
assembly. Dalit had hopes that they could put pressure to incorporate
Dalit agenda into the new constitution. In contrast, they have not
seen any difference between Dalit and non-Dalit CA members. It
reflects that only physical presence of Dalit can't guarantee their
influence.

In the case of Dalit NGOs, most NGOs by nature can hardly pursue
radical thoughts and actions. They more often tend to be vocal of
donor's agendas to tap the fund rather than the political agenda.
Besides, we have witnessed aggressive pressure on the government by
NGO activists, some wings of political parties and others when the
government had reduced MBBS quota for Dalit students. It doesn't mean
that I am against such campaign, but it can provide benefits just to a
handful of Dalit students. Vast majority of Dalit students are
deprived of basic education, why we can't run aggressive campaign for
free education to Dalit students from basic to university levels. It
supports the argument that urban-centric Dalit activists embrace
pro-rich Dalit agenda than the one that can be in the interest of the
majority of Dalit. By vision and mission Dalit NGOs and wings of
political parties have been formed to ensure Dalit rights, so all
Dalits will be blaming them, not the political parties in general.
Time is running out, so we don't have alternatives to them at the
moment. Hopes of Dalits to live with dignity, as equal citizens, are
still pinned on them. If so, what can be the way ahead?

There is no alternative to fresh Dalit movement with new vigour.
Learning from Janajati and Madesh movements, united forum of Dalit
wings of political parties should lead the movement. And Dalit NGOs
should assist them whole-heartedly, keeping aside their political
ideologies and donors' code of conduct. Even Dalit NGOs should be
ready to postpone implementation of some donor-funded projects because
this is not the moment to distribute goats and piglets to poor Dalit
families and provide training on savings as a means of livelihoods.
The united forum should also mobilise Dalit student organisations,
sister organisations of political parties for the cause. These are not
blueprints but can be food for thoughts to go ahead in order to
pressure the state to ensure Dalit rights. If Dalit fails to use this
time prudently they have to regret for several decades to come.

(The author can be reached at: ramesh.sunam@anu.edu.au This e-mail
address is being protected from spambots. You need JavaScript enabled
to view it )

(Editor's Note: Nepalis, wherever they live, as well as friends of
Nepal around the globe are requested to contribute their
views/opinions/recollections etc. on issues concerning present day
Nepal to the Guest Column of Nepalnews. Length of the article should
not be more than 1,000 words and may be edited for the purpose of
clarity and space. Relevant photos as well as photo of the author may
also be sent along with the article. Please send your write-ups to
editors@mos.com.np This e-mail address is being protected from
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[ZESTCaste] Vijaypura village gets Dalit woman sarpanch

http://timesofindia.indiatimes.com/city/jaipur/Vijaypura-village-gets-Dalit-woman-sarpanch/articleshow/5532680.cms

Vijaypura village gets Dalit woman sarpanch
Anindo Dey, TNN, 4 February 2010, 12:57am IST
JAIPUR: Having crafted many a first to its name, it continues to be a
journey of triumph for Vijaypura, a non-descript village in Rajsamand
district along the Ajmer-Udaipur stretch of the Delhi-Mumbai national
highway 8.

At a time when the lure of the lucre seems to be fast taking over the
democratic process even in the ongoing panchayat polls in the state,
this village has done it again by thrusting forward a Dalit woman in a
open seat as its sarpanch. And that too when she spent just Rs 2,000
as campaign expenses.

"We were totally unprepared for it," explains her husband Kalu Ram

who himself had got elected to this general seat having spent just Rs
800 in last panchayat election. The gram panchayat, consisting of 10
villages, has a Dalit population of 35% with the rest being OBC.

"It was just a few days ahead of the polls that people from the
village came to me urging that I should put up my wife as a sarpanch
candidate," he says. But a journey that started by foot so late soon
caught on to a large fan following and the result of a victory by a
margin of 150 votes was indicative enough that Vijaypura was not
willing to pass on its legacy to any and sundry.

Though uneducated but having worked for the Mazdoor Kishan Shakti
Sanghatan (MKSS), the organisation that has spearheaded the
grassroots' mobilisation for a comprehensive Right to Information Act
and then the NREGS, she knows the way ahead.

"It is honesty and good governance of my husband that has triumphed. I
am going to walk on the same lines and take his work ahead," she says.

But the going was not easy for Rukmini. For with nine other candidates
against her and slander campaign by them of Kalu Ram's move of
introducing a Dalit woman to supply drinking water at NREGS sites in
rotation with women from other caste, the odds looked stacked against
her.

"But all fell by the way side. In fact, this had become the single
most point for campaigning against my wife. Her rivals recalled days
when they preferred to remain thirsty than drink water from a Dalit
woman but in the end all came to a naught," says Kalu Ram.

"It is a victory of good governance against the buying of seats that
became so apparent during this panchayat polls. Vijaypura is a model
panchayat for NREGS. In fact, a wall in Vijaypura, with details of job
card holder, the days they worked, the money given, has become an
example for the state with chief minister Ashok Gehlot ordering that
it be copied at all NREGS sites. One just hopes that with time even
this election model' get copies by the state," says Shankar Singh, an
MKSS activist.

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[ZESTCaste] Dalit woman paraded naked in Karnataka village

http://indiansinsingapore.net/blogs/Dalit-woman-paraded-naked-in-Karnataka-village.html

Dalit woman paraded naked in Karnataka village
Posted by: Administrator on Feb 03, 2010

A Dalit woman from Lakshmisagar village in Chitradurga district,
Karnataka, has filed a case against eight men of Nayak community for
assaulting her and parading her naked on the village's streets on
January 17.

The men, belonging to a dominant Nayak community of the village,
accused the woman of helping a Dalit man and a Nayak girl elope from
the village.

Eyewitnesses said a group of about 40men beat up 25-five-year-old
Bhagyamma before parading her on the streets.

The Superintendent of Police, Chitradurga, Labhuram confirmed that
Bhagyamma had filed the case.

"Bhagyamma has filed a complaint against eight people."

He said a couple hailing from different communities had eloped,
leading to a rift between the two communities.

"We traced the couple and brought them back to Chitradurga from
Davanagere. The girl has given a statement saying that she had
willingly eloped with the Dalit boy," he added.

However, the Chitradurga Deputy Police Commissioner denied that the
incident took place in the village.

"If a Dalit woman was beaten up and stripped naked, it would have
definitely come to my notice. I checked with the superintendent of
police, it was only a elope case.

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[ZESTCaste] Nepal: Dalit body submits memo to Prachanda

http://thehimalayantimes.com/fullTodays.php?headline=Dalit+body+submits+memo+to+Prachanda&NewsID=223771

Dalit body submits memo to Prachanda
Last Updated : 2010-01-25 11:11 PM
The Himalayan Times - Saved Articles(s)

Himalayan News Service

KATHMANDU: The Joint Political Dalit Struggle Committee today handed
over a memorandum to Unified CPN-Maoist chairman Pushpa Kamal Dahal
'Prachanda'.
They have put forth a 13-point charter of demands to be incorporated
in the new Constitution and a 20-point charter of demands for the
government.
The demands include 10 per cent additional rights besides the
proportional representation of Dalit communities in various state
mechanisms. They have also demanded a special privilege card and
subsidy in education, transportation and ration, among other things.
Further, the meeting of the committee held here today decided to
gherao the district administration offices nationwide and organise a
sit-in in front of the Constituent Assembly hall in New Baneshwor on
February 1. A nationwide interaction programme is scheduled for
February 6.
The committee is a loose body of Dalit organisations aligned to seven
different political parties. It's members include Tilak Pariyar of the
UCPN-Maoist, Chhatra Bahadur Tailor of Nepal Dalit Association
affiliated to the Nepali Congress and Lal Bahadur Bishwokarma of the
CPN-UML.

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[ZESTCaste] Dalit deras reject `Ravidassia Dharam'

http://epaper.hindustantimes.com/ArticleText.aspx?article=04_02_2010_001_011&kword=&mode=1

Dalit deras reject `Ravidassia Dharam'
JALANDHAR:

In a major setback to Dera Sachkhand Ballan's directive to sever ies
with Sikhs, Sri Guru Ravidas Sadhu Sampardaye Society -- a
conglomerate of more than 50 Dalit deras of Punjab -on Tuesday
rejected out ight the newly founded Ravidassia Dharam". In a major
setback to Jalandhar-based Dera Sachkhand Ballan's directive to sever
ties with Sikhs, the Sri Guru Ravidas Sadhu Sampardaye Society -- a
conglomerate of more than 150 Dalit deras of Punjab -- on Tuesday
rejected outright the newly founded "Ravidassia Dharam".
While condemning Dera Sachkhand's attempt to create a new faith out of
the Ravidassia sect, the society also announced it would continue with
the practice of following the Sikh holy book, Guru Granth Sahib.

The society, at its executive committee meeting held at Dera Babe
Jore, situated near Dera Sachkhand Ballan here, unanimously termed the
"separate religion" announcement as an attempt at dividing the
communities.

Speaking in the presence of more than 30 dera heads, society president
Baba Nirmal Dass Jore Wale said: "The decision taken by the Dera
Ballan Trust cannot be imposed on the entire Ravidassia community. The
newly created scripture `Amritbani Satguru Ravidass Maharaj-ji' will
not be treated as a `granth'. Besides, no one consulted all
stakeholders in the matter before taking the decision."

"We condemn the killing of Dera Ballan's Sant Ramanand in Vienna last
year, but the Sikh community and Guru Granth Sahib cannot be blamed
for the cowardly act of a few people. We must not oppose the holy
book," the dera heads said.

"Guru Granth Sahib will not be removed from any gurdwara, while it
will be re-installed at Seer Goverdhanpur, the birthplace of Guru
Ravidas at Varanasi. The community should continue to follow the
centuries-old religious practice," Baba Nirmal Dass said.

The meeting noted that several members of the Dalit community had
sacrificed their lives to defend the philosophy of Guru Granth Sahib.
"Guru Ravidass' bani reached the masses on being incorporated in Guru
Granth Sahib," the meeting agreed.

The participants said the sign of "Har" was created by the society in
1974, and the greeting of "Jai Gurudev" was being used by Dalits since
more than 80 years. "We are not against any dera or religious figure,
but only against the vested interests of certain people who are
misusing the name of a dera," they said.

They also criticised the attempts of some elements to browbeat those
who had challenged the Dera Sachkhand directive, as with Samaj Bachao
Morcha convener Gian Chand.

Meanwhile, two Ravidassia gurdwaras have formally installed the newly
created holy book -- "Amritbani Satguru Ravidass Maharaj-ji" --
alongside Guru Granth Sahib.

Jagdish Jassal, a Dalit villager, said Chaheru-based Dera Phul Dass
chief Kishan Nath had installed the new scripture at the Ravidassia
gurdwara in Nangal Krar Khan village on Wednesday morning. The text
bearing Guru Ravidas `bani' was placed in a separate canopy next to
the existing Guru Granth Sahib. A police team was also rushed to the
village as a preventive measure.

Similarly, the new scripture was also placed at the Ravidassia
gurdwara in Dhadde village, though in a room separate from the one in
which Guru Granth Sahib is installed.

In a major setback to Dera Sachkhand Ballan's directive to sever ies
with Sikhs, Sri Guru Ravidas Sadhu Sampardaye Society -- a
conglomerate of more than 50 Dalit deras of Punjab -on Tuesday
rejected out ight the newly founded Ravidassia Dharam". In a major
setback to Jalandhar-based Dera Sachkhand Ballan's directive to sever
ties with Sikhs, the Sri Guru Ravidas Sadhu Sampardaye Society -- a
conglomerate of more than 150 Dalit deras of Punjab -- on Tuesday
rejected outright the newly founded "Ravidassia Dharam".
While condemning Dera Sachkhand's attempt to create a new faith out of
the Ravidassia sect, the society also announced it would continue with
the practice of following the Sikh holy book, Guru Granth Sahib.

The society, at its executive committee meeting held at Dera Babe
Jore, situated near Dera Sachkhand Ballan here, unanimously termed the
"separate religion" announcement as an attempt at dividing the
communities.

Speaking in the presence of more than 30 dera heads, society president
Baba Nirmal Dass Jore Wale said: "The decision taken by the Dera
Ballan Trust cannot be imposed on the entire Ravidassia community. The
newly created scripture `Amritbani Satguru Ravidass Maharaj-ji' will
not be treated as a `granth'. Besides, no one consulted all
stakeholders in the matter before taking the decision."

"We condemn the killing of Dera Ballan's Sant Ramanand in Vienna last
year, but the Sikh community and Guru Granth Sahib cannot be blamed
for the cowardly act of a few people. We must not oppose the holy
book," the dera heads said.

"Guru Granth Sahib will not be removed from any gurdwara, while it
will be re-installed at Seer Goverdhanpur, the birthplace of Guru
Ravidas at Varanasi. The community should continue to follow the
centuries-old religious practice," Baba Nirmal Dass said.

The meeting noted that several members of the Dalit community had
sacrificed their lives to defend the philosophy of Guru Granth Sahib.
"Guru Ravidass' bani reached the masses on being incorporated in Guru
Granth Sahib," the meeting agreed.

The participants said the sign of "Har" was created by the society in
1974, and the greeting of "Jai Gurudev" was being used by Dalits since
more than 80 years. "We are not against any dera or religious figure,
but only against the vested interests of certain people who are
misusing the name of a dera," they said.

They also criticised the attempts of some elements to browbeat those
who had challenged the Dera Sachkhand directive, as with Samaj Bachao
Morcha convener Gian Chand.

Meanwhile, two Ravidassia gurdwaras have formally installed the newly
created holy book -- "Amritbani Satguru Ravidass Maharaj-ji" --
alongside Guru Granth Sahib.

Jagdish Jassal, a Dalit villager, said Chaheru-based Dera Phul Dass
chief Kishan Nath had installed the new scripture at the Ravidassia
gurdwara in Nangal Krar Khan village on Wednesday morning. The text
bearing Guru Ravidas `bani' was placed in a separate canopy next to
the existing Guru Granth Sahib. A police team was also rushed to the
village as a preventive measure.

Similarly, the new scripture was also placed at the Ravidassia
gurdwara in Dhadde village, though in a room separate from the one in
which Guru Granth Sahib is installed.

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[ZESTCaste] India's 'untouchables' declare own religion

http://www.cnn.com/2010/WORLD/asiapcf/02/03/india.new.religion/

India's 'untouchables' declare own religion

By Harmeet Shah Singh, CNN
February 3, 2010 12:04 p.m. EST

New Delhi, India (CNN) -- In an event considered rare, one of India's
low-caste communities has declared its own distinct religion.

Followers of a 14-century spiritual figure, Guru Ravidass, will now
have their own holy scriptures, a flag and a greeting, sect officials
said.

The new holy book compiles Guru Ravidass' writings, which until now
were predominantly found in sacred Sikh scriptures that the sect
placed in its houses of worship.

The declaration was made by a key Ravidass monastery whose priest's
killing in May last year in Vienna, Austria sparked furious protests
in the Sikh heartland of Punjab.

Thousands of protesters from the low-caste communities -- called the
Dalits, meaning the suppressed -- attacked road and rail
transportation in the wake of the murder blamed on Sikh hardliners.

C.R. Suman, the manager of the Sachkhand Ballan monastery in Punjab
state, told CNN that the announcement of a new Ravidassia faith was
made on Saturday to a large congregation at the birthplace of the
revered leader in Uttar Pradesh state.

Experts say the move was a response to social discrimination against
low castes in Punjab, where close to 30 percent of the population is
Dalit, the highest in any Indian state.

"The Ravidassias and other Dalits remain marginalized in Punjab,
politically, religiously and economically," said author Balbir
Madhopuri, who has written several books on the Hindu caste system.

Analysts say the declaration of a new faith is likely to be a
psychological boost for Dalits in India. "They appear to have asserted
themselves in a strategy that will give them a greater bargaining
strength in their home state where power has centered around specific
castes," said columnist Jaspal Singh Sidhu. "Outside of Punjab, it is
likely to give a big psychological boost to other Dalit communities."

There are estimated about five million Ravidassias from Punjab now
spread across the world, said Madhopuri.

Madhopuri, however, believes the new sacred text may not attract other
Dalit communities because it only contains Ravidass verses.

"Yet, this announcement of a distinct religion is a symbol of Dalit
assertion," he said.

According to Madhopuri, the last time the Dalits came together as a
faith was in 1925 when the British ruled India. In the 1931 census,
more than 450,000 registered themselves as members of the new Dalit
faith called Ad Dharam, or Original Religion.

But the faith vanished after India's independence mainly because of
what Madhopuri explained were lures of government jobs reserved for
low-caste Hindus and Sikhs.

In India, Hindus make up more than 80 percent of its billion-plus
population. Muslims constitute the second-largest religious group.

Sikhs, Buddhists, Jains and other faiths together form about 6 percent
of remaining Indians.

After independence from the British in 1947, India outlawed what was
an age-old practice of untouchability of low-caste Hindus by those
seen as superior by birth.

Still, the communities are believed to be facing bias despite having
being given quotas for government jobs.

India's crime statistics show that police registered more than 133,000
cases from 2004 to 2008 under the country's stringent laws to protect
Dalits against atrocities.

The birth of a new religion in Punjab has had Sikhs worried the most,
as it emerged in their state where the monotheistic faith was founded
in the 15th century to break caste and religious distinctions.

The Shiromani Gurdwara Parbandhak Committee (SGPC), the top Sikh
religious administration, termed the Ravidassia declaration
unfortunate.

It disagrees that the practical Sikh response to the downtrodden did
not match the Sikh faith's core beliefs of equality.

"It's unfortunate that this has happened. Sikh thought is against any
kind of prejudice," said SGPC general secretary Sukhdev Singh Bhaur.
"I would appeal to them (the Ravidassias) to revisit their decision."

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[ZESTCaste] Vacant SC/ST seats can’t go to general list: Apex court

http://timesofindia.indiatimes.com/india/Vacant-SC/ST-seats-cant-go-to-general-list-Apex-court/articleshow/5532872.cms

Vacant SC/ST seats can't go to general list: Apex court
Dhananjay Mahapatra, TNN, 4 February 2010, 02:21am IST

NEW DELHI: The Supreme Court has held that general category candidates
who crack competitive exams and get waitlisted cannot be accommodated
against seats belonging to the reserved category even if these are
lying vacant. The merit list for general category is just for that
category, the court has held in its fresh intervention in the
"merit-versus-social justice" debate.

The ruling came in a case relating to appointment of district judges
in the Delhi Judicial Services. It was alleged by aggrieved candidates
that after filling up the 13 posts notified for the general category,
there were vacancies in the reserved category posts which were not
filled and hence those on the top of the merit-cum-wait list be
considered for the same.

A Bench comprising Chief Justice K G Balakrishnan and Justices Deepak
Verma and B S Chauhan rejected the petitions, saying it would be
patently illegal to appoint persons in excess of the notified
vacancies.

"Any appointment made beyond the number of vacancies advertised is
without jurisdiction, being violative of Articles 14 and 16(1) of the
Constitution, thus a nullity, inexecutable and unenforceable in law,"
said Justice Chauhan, writing the judgment for the Bench.

"In case the vacancies notified stands filled up, process of selection
comes to an end. Waiting list etc cannot be used as a reservoir, to
fill up the vacancies which come into existence after the issuance of
notification or advertisement," the Bench said.

In the case in hand, only 13 vacancies for general category were
advertised, hence once that was filled up, there was no scope for
looking at the wait list for filling any vacancy arising in the
reserved category or otherwise, the Bench said. "The unexhausted
select list is meant to be consigned to record room," it said.

The Bench accepted the arguments of senior advocate A Mariarputham,
who appeared for the HC. He said, "thirteen vacancies of general
category were advertised: the same had been filled up according to
merit, therefore, selection process in that respect stood exhausted."

The HC had issued an advertisement on May 19, 2007, for 20 posts of
district judges of which 13 were for general category, three for SCs
and four for STs. All 13 general posts were filled up, but two posts
reserved for SCs and four posts meant for STs could not be filled up
due to non-availability of suitable candidates.

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[ZESTCaste] ‘Indian politics is at the cusp of a profound transformation’

http://www.indianexpress.com/news/-Indian-politics-is-at-the-cusp-of-a-profound-transformation-/575272/

'Indian politics is at the cusp of a profound transformation'

Amulya Gopalakrishnan Posted online: Thursday , Feb 04, 2010 at 0150 hrs
New Delhi : A 600-page doorstopper of a book, The Oxford Companion to
Politics in India, was launched by Union Minister for Human Resource
Development Kapil Sibal on Wednesday. Co-edited by distinguished
academics and public intellectuals Niraja Gopal Jayal and Pratap Bhanu
Mehta, the volume is a guide to the many facets of Indian politics, at
a moment of major transition.
The essays in this collection are "many windows into the house of
Indian democracy," said Jayal — a "phenomenon more celebrated than
understood". Contributors (who include political scientists,
economists and sociologists) had a demanding mandate — to be valuable
to specialists as well as accessible to a general reader. Like the
recent Oxford Companion to Economics, this is a reference work with
all the boldface names of Indian social science — from Kanti Bajpai to
Ramachandra Guha, Partha Chatterjee to Christopher Jaffrelot and many,
many more.

The Indian democratic experiment had not been spectacularly responsive
to the needs of citizens, said Jayal. In India, "a reasonably robust
democracy has not yielded a reasonably egalitarian, let alone just,
social order". Applauding the editors for taking on Indian politics
"in its historical context, thematic context and narrative context",
Kapil Sibal took on Jayal's statement to deliver an expansive take on
India's achievements. "When colonial rule ended, we were left with a
command economy, no enterprise worth its name, no industrial economy,
and rain-fed agriculture — how could you have served an egalitarian
agenda?" As a minister formulating education policy, Sibal said he was
constantly confronted with India's staggering diversity, and the
awareness that one model would never fit all. He also discussed the
Constitution — "one of the most democratic documents in the history of
mankind".

"Despite all the problems and challenges of Indian democracy, we are
on the cusp of a profound transformation," said Pratap Bhanu Mehta.
The challenge of describing these momentous times lies in telling the
difference between what is structural and necessary, and what is
contingent about these changes. Mehta said it was exhilarating to be
reminded of "the stakes of what it is we are studying", and "what an
extraordinary subject the study of Indian politics is".

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[ZESTCaste] Growing flames of intolerance (Opinion)

http://www.mydigitalfc.com/op-ed/growing-flames-intolerance-189

Growing flames of intolerance
By Suresh Neotia Feb 03 2010

Tags: Op-ed
I find growing intolerance in our civil society. And what we witness
today is no longer limited to intolerance among people practicing
different religions or between the castes. Political parties have
aggravated the divide in an effort to create captive votebanks. Some
political parties not only take an extreme view in favour of a
particular community but go a step further and alienate the rest in
order to command the total loyalty of a particular group of people.

We are now grappling with new forms of intolerance — regionalism and
linguistic chauvinism. Maharashtra has taken the lead and Raj
Thackeray has raised the slogan "Maharashtra for Maharashtrians".
Unfortunately, other political parties have remained mute spectators
as they do not wish to alienate Maharashtrian voters. Now Maharashtra
chief minister Ashok Chavan has gone a step further and announced that
unless a taxi driver knows Marathi, he would not get a licence. He
backtracked later but not before the damage was done. One can pardon
Thackeray for his views as his sphere of influence is limited to
Maharashtra. But why does a pan-India party like the Congress project
such an extreme view.

There were times in early the 70s when a small group of people in West
Bengal raised the slogan 'Amra Bangali'. The group could not garner
enough political support and the movement died a natural death. If
such germs are sown in a state, other linguistic states, particularly
Bengal, Orissa, Assam, Tamil Nadu, Andhra Pradesh and Karnataka may
follow suit. This form of intolerance may give dividends to a
narrow-minded regional party. But the majority even in these states
may not subscribe to this means of securing votes.

The fundamentalist elements in BJP and its allies caused the
demolition of Babri Masjid with the objective of consolidating Hindu
votes. This dastardly act paid short-term dividends to BJP. But led
them nowhere as soon as a majority of the people realised that this
agenda is not serving the larger interests of the nation. Even BJP's
stint as a ruling party at the centre was due to the persona of Atal
Bihari Vajpayee who projected a secular face. Now the BJP is in
shambles. If they are ruling some states now, it is because of the
leadership qualities of the respective chief ministers and not because
of the BJP high command in Delhi. Narendra Modi, irrespective of what
people think about the incidents at Godhra, continues to rule due to
the virtues of good governance and personal integrity. Is it a BJP
government or a Narendra Modi government? It is possibly the latter.

Now Congress has a unique opportunity to spread its powerbase across
the country, including the Hindi belt where it has a mere token
presence. To regain lost ground, the party has to denounce a
narrow-minded outlook. It has to rise above the politics of community
and caste, and bring everyone into their fold with the slogan 'Be
Indian First'. They have to project that our nation has always
accommodated people of different faiths. Congress ran the freedom
movement with the help of people from various communities, regions and
languages. It was only during the last lap of the freedom movement
that an error occurred in the judgment of Mahatma Gandhi. He possibly
failed to notice the historical forces and personal ambitions of
leaders like Jinnah on one side and Ambedkar on the other. Ambedkar
believed, and rightly so, that though Congress includes Dalits in the
Hindu fold, Dalits would not be able to get their rightful place in
independent India. The age-old tyranny of upper castes left a long
shadow. On the other side, Jinnah also realised that once independence
was achieved, Congress would not give adequate representation to
minorities in the governance of the country. The fatal mistake
committed by the party in 1935 destroyed the faith that Muslim leaders
had on Congress. The party formed the government in UP without Muslim
League even though both the parties fought the election jointly.

Jinnah possibly could not anticipate the events that followed his call
for the creation of Pakistan. He didn't realise the magnitude of
communal violence that would follow. He felt he was ignored and not
given the rightful place in Congress. Mahatma Gandhi lost control
over the party because of the ambitions of Congressmen to achieve
Independence at the earliest and at any cost. Jinnah wanted an equal
status and there was no space for Jinnah as things developed. I would
be inclined to believe the genuineness of Jinnah's speech to the
Constituent Assembly of Pakistan on August 11. He wanted Pakistan to
be a just nation, but the reason for creation of Pakistan was
different from what he projected through his address. He contradicted
himself when he addressed the nation. But that is history.

Can we reflect on our history and stop such divisive and intolerant
forces now? If we do not do so, we may have to face minor civil wars.
A civil war can never be controlled by the military. Military
operations take place against an enemy nation and they cannot be used
against our own countrymen. Police is totally inadequate when it comes
to controlling a civil war and, therefore, it is incumbent on our
political leaders to give up this tendency of fuelling regionalism and
creating divisions on the basis of languages. If not, one day our
country would pay a heavy price and our entire edifice of independent
India spelt out in the Constitution would crumble. Congress possibly
is a party that can evolve a larger vision and move swiftly to
consolidate its position. It can help the country overcome such
divisive forces by stirring Indian nationalism. It can fill the
political vacuum as most people still believe in the basic integrity
of the country.

The writer is chairman Ambuja Cement Foundation

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[ZESTCaste] 'Kandhamal Violence Had Impact in Europe'

http://news.outlookindia.com/item.aspx?674014

'Kandhamal Violence Had Impact in Europe'
Bhubaneswar | Feb 03, 2010

The communal violence in Orissa's Kandhamal, which claimed 38 lives
including Christian Dalits' and Hindu tribals, had its impact on the
people of Europe, visiting diplomats from nine European Union
countries said today.

"The EU diplomats said people in their countries wanted to know about
the ground situation at Kandhamal," a journalist present among the
group of mediapersons invited to an informal chat with the diplomats
here, said.

The EU diplomats also informed the media persons that they were
anxious to know about the condition of the violence-affected people 25
months after the riot in Kandhamal.

Since the EU decided to fund some development activities in Orissa,
they wanted to assess the ground situation, especially whether
communal harmony prevailed now, said another scribe.

While the diplomats met a select group of scribes from particular
media houses at a posh hotel here, a large number of journalists,
mostly from local media, expressed their displeasure for being left
out by the EU team.

The visiting delegation said it discussed with journalists different
issues relating to riot in Kandhamal.

"We collected information from church leaders on how the state
government acted after the riot and condition of victims", Christopher
Manet, political counsellor in the EU delegation to India, said.

The 11-member delegation met church leaders including Archbishop of
Cuttack-Bhubaneswar diocese Rapheal Cheenath in the evening.

"We have told them that complete normalcy was yet to return to
Kandhamal though there had been no violence in the district for the
last one year," Cheenath told reporters after the meeting.

Filed At: Feb 03, 2010 23:04 IST , Edited At: Feb 03, 2010 23:04 IST

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