Monday, March 21, 2011

[ZESTCaste] tirbunal on micro finance in vellore

 

forthcoming pen shakti- tamil magazine


What should women demand from people who stand for TN assembly elections with regard to micro finance?

Ranjani.K.Murthy

Is it just that middle/upper class people get loans at 11% interest rate from banks, while the poor get at 26-40% or above from Non Banking Financing Companies (if one goes by the reports of the poor who took into account the money collected initially for membership and insurance)? That too the burden of interest is borne by poor women from unorganized sector and from dalit, adivasi, Muslim communities. In fact, I repeatedly get phone calls asking me whether I want a loan at 13% interest rate, while these poor women- some of who have not had opportunities to get literacy and numeracy skills- get home visits offering huge loans for any purpose ranging from food crisis, dowry expenses, health expenses, education expenses, their husbands' production needs, their production needs, their friends needs and so on at interest rates which are not transparent to them.  All they have to do is form  a joint liability group of 5 to 15 people depending on the NBFC concerned.  I thought the government was supposed to meet food needs of the poor through PDS system, health and education needs of the poor through universal health and education, ensure 100 days of employment in rural areas, implement self employment schemes like SGSY and is also supposed to form SHGs and federate them under the Mahalir Thittam scheme.  


A deeper analysis of the injustice revealed that the government on the one hand needs to better implement the various schemes (which is not specific to Tamil Nadu, public health systems here are in fact better in Tamil Nadu than India as whole), but more shocking were two other factors: priority sector lending was going into three of the six NBFCs studied and three of the NBFCs had issued venture capital or Initial public offers or non convertible debentures. That is poor women had become a ground for investment! As a result of diversion of priority sector lending the SGSY scheme was poorly implemented in Tamil Nadu, like the rest of India.  The huge scam is a failure and lack of accountability of not only the state, but also the  banks, corporate houses and individuals from India and abroad who have invested in the NBFCs. It may be worth examining if investments from the west have increased in the light of financial crisis there. As some of the NBFCs began as a NGO, it is also a failure of these NGOs (cannot be generalised to all NGOs).   At a broader level, there is a crisis in humanism as how can the NBFC staff have the heart to exploit poor women? One staff collected repayment money and disappeared!


The scam is not particular to Tamil Nadu, but is happening in other states as well. Other than Andhra Pradesh where the government has passed an ordinance regulating the micro finance sector recently, none of the others are yet to take action and the national bill is still pending.


What are the consequences to poor women who could not repay? Several of the women from five districts in the public hearing organized by the All India Democratic Women's Association Tamil Nadu Women's Forum, and Tamil Nadu Dalit women's Movement and on 26th February, 2011 in Vellore district reported not being able to go to work on MNREGS work sites as the profit laundering NBFCs arrived early in the morning and would not leave. Several reported selling off their thalis (to them important), mortgaging ration cards/gas cylinders, selling utensils and gold to repay.  Several reported usage of obscene words "like sell your body and repay" or "ask your daughter to sell her body and repay".  Several reported increase in violence against them by their husbands as the pressure to repay built up, and inability to sleep in peace.   Some reported being retained in their own house the whole day till they gathered the repayment amount, and one woman out of thirty reported that her dress was ripped apart.  A case of a woman who did not come for the hearing but reported being taken to the NBFC office and released after husband complained to police was also shared.  Three out of thirty reported pulling their children out of school and putting them to work to repay. Two reported being non poor when taking the loan, and becoming poor after taking one. Some reported being asked to commit suicide so that the life insurance amount could cover the pending loan (provided relatives said it was natural death). A case of a woman being asked to repay loan she took for her friend's family after they absconded was also reported. The NBFCs pitted the group members against each other, as it was joint liability. The ray of hope was a Mahalir thittam group telling the NBFCs not to enter their village as they had seen through the scam.


While earlier under the government formed Mahalir Thittam there were occasions (depending on which NGO had formed the group)  when poor women would unite to close arrack shops, handle cases of violence, preventing early marriage etc the NBFCs had divided the poor women through joint liability. In particular group leaders were given gold coins by the NBFCs if the ensured 100% repayment. While joint liability is also a feature of the Mahalir thittam, they have the buffer of collective savings and groups and banks accept  delays in repayment during festival season or during personal calamities. While one is not glorifying Mahalir Thittam (poorest do not join if they cannot save, women in the scheme are harnessed as vote banks by dominant political parties, group leaders get more loans, deep rooted class, caste and gender hierarchies persisted), it certainly offered loans at lower interest rate to women and NGO staff and TNWDC staff under the scheme did not harass poor women like this.                         


What then should we ask the people who come to us seeking votes? If you have suggestions write to penn shakti. There is likely to be a state level public hearing and we could take your advise into account- it would probably be wiser than mine.

Immediate demands to people who stand for elections and from state government could include (taking leads from the jury[1] and organizers, but all may not agree with these recommendations- and all recommendations from jury not included)

·        Pass an ordinance that allows only those MFIs (NBFCs, cooperatives, societies, trusts, producer companies etc) which are willing to charge less than the rate for rich to function. A cap of 4% like the much earlier Differential rate of Interest scheme is appropriate. Automatically the NBFCs and other profit laundering MFIs will leave      

·        In the interim, bring NBFCs and other MFIs under the usurious lending act and disseminate information that harassment by NBFCs and other MFIs charging higher than the rates stipulated under the usurious lending act can be booked under this act.  

·        In the interim, disseminate information that those MFIs directly/indirectly (though other group leaders/members) harassing women using obscene words/acts can be booked under IPC 341 (Punishment for Wrongful Restraint), and sections related to words, gestures or actions intended to insult the modesty of a woman. 

·        Collectors and state commission for women to set up a help line for poor women

·        All cases of suicides and recorded natural deaths of women in MFIs to be checked whether it is due to harassment by profit laundering MFIs

·        Government to provide free legal support for poor women who are harassed

·        Regulate insurance so that it is not used to cover the loan, but the women/spouse concerned.

·        Collector to call for monthly meeting of all MFIs to regulate them

·        Collector to call for meetings of all nationalized banks to ensure that first priority is to fulfill commitment under SGSY and Mahalir Thittam

·        Government should not consider lending by banks to NbFCs, producer companies, NGOs delinked from government programs as priority sector lending  

Medium  term demands could include:

·        Government should cover 100% poor through Mahalir Thittam/SGSY scheme (form no savings group so that the poorest can also join) or restart the individual Differential Rate of Interest (4%) scheme for poorest and ensure that between all these schemes credit needs of the poor are started

·        Peg interest rate to poor at 4% which is below the rates for the rich. 

·        Ensure that the budget allocated to government schemes meets 100% of the credit needs are met through government schemes.  

·        Implement MNREGS to fullest extent with stipulated wages. 

·        Extend SGSY and Employment Guarantee scheme to urban areas 

·        Government should impart financial literacy to poor women, and basic numerical and reading literacy to women who cannot read and write

·        Go beyond gender training to groups and federations to issues include issues of justice based on caste, class, religion, gender etc. Legal and human rights literacy a must     

Long term demands could include:

·          Land reform and land given in joint names of poor women from landless households, dalits, adivasis, Muslims etc.

·          Stop privatization of agriculture, forests, in land water resources, sand,  coasts etc

·          Invest in agriculture growth with a focus on strengthening food and nutritional security

·          Adopt labour intensive growth models

·          Give common property resources to dalit/tribal/Mulsim women/women from landless households  like quarries, ponds, lakes, trees, market etc

·          Give labour contracts, garbage disposal contracts etc to women's groups from marginalized communities

·          Strengthen public health, education, PDS, anganwadi system so that poor do not have to go to private sector for these

·          Strict implementation of dowry prohibition act, and curb expenses on marriages, ear piercing ceremonies etc

·          Put a ceiling on how much assets rich people can own- the rest they have to give back to society

·        Do not use MT federations as vote banks but train them through partner NGos to challenge neo liberal models of growth, casteism, class hierarchies, exclusion of minorities, and tribals.  

·        Reform TN cooperative Act and make it mutually aided cooperative Act or have a parallel act along those line

 



[1] The jury included Saraswati, Periyarsirimai,  Nirmala, AIDWA,  Issac Kadirvel, Ambedkar Mandram and self as an Independent Researcher.  


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Re: [ZESTCaste] Dalit Socialists Via Dalit Capitalists: A Response To Anand Teltumbde

 

in total agreement, we need to reclaim the world from ambedkar's lens the oppressed will constitute the majority in parliament- including dalits more than their share in the population,. they will own assets more.. their growth rates would be double tht of national growth rates... inclusive growth is a rubbish concept. we need dalits, adviasis, unorganised , slum dwellers, pavement dwellers, migrants (i know i am mixing caste and class) to grow faster than economy.

for those who think tn is doing better, the dalit and non dalit disparities are higher with rgard to poverty than India.

Ranjani    

 
--- On Thu, 17/3/11, Nagesh Chaudhari <chaudhari.nagesh@yahoo.co.in> wrote:

From: Nagesh Chaudhari <chaudhari.nagesh@yahoo.co.in>
Subject: Re: [ZESTCaste] Dalit Socialists Via Dalit Capitalists: A Response To Anand Teltumbde
To: ZESTCaste@yahoogroups.com
Date: Thursday, 17 March, 2011, 4:21 PM

The debate on Dalit capitalists is welcome. My observation is that as long as

caste system, untouchability are alive in India Dalits cacnot become

capitalists. Even OBC capitalists are Shudras and they cannot succeed unless

they serve the upper castes or brahmins. Mr. Teltumde is  a marxist in the

company of upper caste marxists. Marxism is the refuge of Brahmins in India. My

obsevation is, as you climb the caste model you find increasing no. of marxists.

In Maharashtra for example, you will find Dalits as takers for Jotirao Fule.

Acceptance decreases as you go upward in the caste heirarchy. Dalits , OBC follw

Fule but Marathas do it with reservations. For Ex. Sharad Patil, a maratha, does

not accept Fule completely. Joins Fule with Marx. Baba Adhao, a socialist

Maratha accepts Fule attaching Prgressive word. He runs 'Purogami Satyashohak;

magazine. Sharad Patil edited for some years the marathi monthly Styashodhak

Marxwadi. (Satyashodhjak movement was launched by Fule in 1873 which was against

Brahmanic machination.)When you come to Brahmins they do not consider Fule at

all. Brahmins consider joining Fule or Ambedkar with Marx as inferior ideology

or contaminaztion of Marx. They considred them as stooges of British imperialism

and that was and is the view of RSS Brahmins, too.

As Marxism is an idealogy for classless society and does'nt touch upon caste

system. It is helpful to maintain the caste heirarchy and also talk of classless

society. Brahmanism is safe in marxism.

________________________________

From: Siddhartha Kumar <mailsiddhartha.k@gmail.com>

To: zestcaste <zestcaste@yahoogroups.com>

Sent: Wed, 9 March, 2011 1:31:05 PM

Subject: [ZESTCaste] Dalit Socialists Via Dalit Capitalists: A Response To Anand

Teltumbde

http://www.countercurrents.org/karthick080311.htm

Dalit Socialists Via Dalit Capitalists: A Response To Anand Teltumbde

By Karthick RM

08 March, 2011

Countercurrents.org

This article is intended as a response to Anand Teltumbde Dalit

Capitalism And Pseudo Dalitism on Countercurrents dated 7th March,

2011...

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[ZESTCaste] Dalits of Alwar village driven out by Meo Muslims

http://www.milligazette.com/news/612-dalits-of-alwar-village-driven-out-by-meo-muslims-india

Dalits of Alwar village driven out by Meo Muslims
The Milli Gazette
Published Online: Mar 18, 2011
Print Issue: 16-28 February 2011

Dispute over a petty issue between Meo Muslims and Dalits on 19
January turned violent in which a Meo boy (Zahid) was killed.
Agitators burnt Dalit houses and ransacked their properties. Dalits of
Husaipur in Alwar district were driven out after a violent clash. The
fight began when a hen was crushed under the wheels of Zahid's
tractor. A fact-finding team of the Centre for Dalits Rights after
visiting Husaipur said in its report that most of the houses belonging
to Dalits were destroyed and jewellery and cash looted. Satish Kumar,
director of CDR, said that only a few Dalit women were staying in
their homes while their male members had left the place to avoid
further confrontation. So far five Dalits have been arrested by the
police on charges of Zahid's murder. The CDR has estimated the loss to
be around Rs 50 lakh and at the same time has complained that the
district administration has not conducted any survey to find out the
damage caused due to the violent clashes.

This article appeared in The Milli Gazette print issue of 16-28
February 2011 on page no. 18


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[ZESTCaste] Church leaders ‘fail dalit Christians’

http://www.ucanews.com/2011/03/16/church-leaders-fail-dalit-christians/

Church leaders 'fail dalit Christians'

People look at the dalit Christian issue through a caste prism, says Jesuit
Arulanandam Elango, Hyderabad
India
March 16, 2011

Jesuit Father A. X. J. Bosco has a major goal in life: getting justice
for Christians of former low caste origin.

For this cause, the short and stocky priest has spent the past seven
years lobbying politicians and organizing demonstrations in New Delhi.

The 66-year-old priest has encountered many hurdles, but the worst is
what he calls the apathy of Church leaders in India.

Nearly 63 per cent Catholics and a "greater percentage" of Protestants
in India are dalits, but "unfortunately 95 per cent of bishops, or
those wielding power in the Church, are from other castes and do not
care for dalit people," he says.

Father Bosco, who heads the Jesuit-run Centre for Information,
Training, Research and Action in Secunderabad, Andhra Pradesh, is also
chairman of the National Council for Dalit Christians.

The council recently announced it will boycott unsympathetic political
parties during state assembly polls in five Indian states in April.
However it seems to have no clue how to tackle the indifferent Church
hierarchy.

Father Bosco, former provincial of Andhra Pradesh Jesuits, also holds
something else against Church leaders.

Their brainwashing of Christians to remain patient and non-reactionary
has made the community passive in the eyes of the government and
public, he says.

He pointed to the violent protests by Sikhs in 1955, which forced the
government to grant special constitutional privileges for their dalit
brethren.

If the bishops are not concerned about issues affecting the majority
of their people, what is it that preoccupies them then?

Minority rights according to Father Bosco.

"The Church has a lot of educational institutions and the minority
rights protect them," Father Bosco says.

"The Church leadership has least concern for justice related issues,"
Bosco alleges, citing the case of a bishops' delegation that met Sonia
Gandhi, chairperson of the ruling federal alliance, some years ago.
"Shamefully, its first demand was concerning the Foreign Currency
Regulation Act," he said.

The problems of dalit and tribal people figured much lower on its list
of priorities.

Why don't people take the dalit Christian issue seriously? Because it
is not important to politicians, Father Bosco explains.

"Only 2.4 per cent of the Indian population is Christian and dalit
Christians make up around 1.6 per cent. It is not a big vote base for
them," he adds.

Another problem is caste prejudice among Indians. "Most people are not
sympathetic to the dalit cause and that pains me," the former Jesuit
novice master said.

People look at the dalit Christian issue through a caste prism.

Even the government and the judiciary do not see the contradiction in
granting special privileges to Sikhs and Buddhists while denying them
to Christians and Muslims.

"Like Christians, the Sikhs and Buddhist are minorities, but they
enjoy statutory privileges. It is dehumanizing and unjust," he
declared.

Father Bosco rejects the stand that the theology or scriptures of
Christianity and Islam do not recognize the caste system.

"Indian Christians inherited the caste system from Indian culture," he says.

Discrimination against dalit Christians has forced them to "live a
double life as Hindus publicly and as Christians in private," he
alleges.

According to Father Bosco, most dalit Christians are "very poor" and
need government concessions and scholarships. So some dalit people
obtain certificates that depict them as Hindus.

The Jesuit priest estimates that around 5 million Christians have
"reconverted" to Hinduism in the past six decades to get government
concessions.

Now dalit Christians have pinned their hopes on the Supreme Court. The
apex court was to hear a public interest suit at the end of February,
but it was put back.

The petition seeks the removal Paragraph 3 of the Constitutional
Scheduled Caste Order of 1950 that restricted special privileges to
Hindus, Sikhs and Buddhists.

When the chief justice asked the government why that paragraph should
not be removed, the government's lawyer requested for more time to
answer.

The government set up a commission to study the matter. The Justice
Ranganath Misra Commission endorsed the dalit demand since it found
evidence to prove that Christianity and Islam should not be associated
with India's caste system.

Separate cemeteries for dalit and upper caste Christians, different
seating arrangements for dalit in churches, celebrating parish feasts
at different times all indicate how deeply the caste system has etched
into Indian Christians' psyche.

In Tamil Nadu, southern India, upper caste Christians attacked dalit
for defying caste taboos. A dalit youth who dug a grave to bury the
body of another dalit was murdered.

"These are just two incidents that show the horror of caste
discrimination among Christians, starting with bishops, priests and
nuns," Father Bosco lamented.

The Misra commission report prompted dalit groups to intensify their
lobbying with political leaders. "But so far nothing has happened," he
said.

Father Bosco is certain the government would have yielded to dalit
Christian demands if the entire Church had worked wholeheartedly and
as one.

Until that happens, his mission remains incomplete.

IA13486.1643


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[ZESTCaste] Man kills self after alleged abuse by officials

 

http://articles.timesofindia.indiatimes.com/2011-03-20/bangalore/29148362_1_suicide-note-police-officials-corporator

Man kills self after alleged abuse by officials
TNN, Mar 20, 2011, 04.52am IST

BANGALORE: Tension prevailed at Bommanahalli, near Electronics City on
Saturday morning after a 53-year-old man committed suicide alleging
harassment by a local corporator and police officials.

The deceased, BT Sampangi, was found hanging from the ceiling of his
office on Service Road, Bommanahalli, on Saturday morning. Members of
the Dalit Sangharsha Samiti (DSS) blocked Hosur Road and demanded
stern action against the accused policemen and the corporator.

Before police could reach the spot, the protesters recovered the
suicide note in which Sampangi reportedly mentioned the name of a
Madiwala police inspector, accusing him of torture. Police officials
are investigating whether the suicide note was really written by
Sampangi or not. "The protesters removed the suicide note and were
distributing photocopies. So first, we have to look into the truth
behind the suicide note," a senior police official said.

South East DCP BNS Reddy said that Ananth Kumar, Sampangi's younger
son, had eloped with a minor girl on March 9. "A kidnap case was
booked against Ananth Kumar on March 10 in Madiwala police station.
Investigating officials used to interrogate Sampangi and his elder son
on a daily basis," Reddy said.

Meanwhile, Sampangi was summoned to the station on Friday and
questioned till late evening.

"A departmental enquiry will be conducted and if found guilty, legal
action will be taken against the police official concerned and the
corporator," he said.

According to police, Sampangi was depressed after his son eloped.
Since he was a local DSS leader and active in social services, he felt
humiliated.

Later, senior police officials including additional commissioner of
police (law and order) Sunil Kumar rushed to the spot and pacified the
agitators.

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[ZESTCaste] Dalit activist commits suicide

http://www.hindu.com/2011/03/21/stories/2011032154410500.htm

Karnataka - Bangalore

Dalit activist commits suicide

Staff Reporter

BANGALORE: Owing to alleged pressure from the police and some
politicians following his son's elopement with an 'upper' caste girl,
Dalit leader B.T. Sampangi (53) allegedly committed suicide late on
Friday.

His body was found hanging from the ceiling of the Dr. Ambedkar
Community Hall in Bommanahalli. Ironically, this was the same hall
where he had delivered several speeches to mobilise members of his
community against caste-based oppression.

In a suicide note, Mr. Sampangi said he took the extreme step because
of constant harassment by the Madivala police, a local BBMP councillor
and his supporters who were hounding him for whereabouts of his
younger son, Anand, who had eloped with a girl from the Reddy
community.

Mr. Sampangi belonged to the Scheduled Caste Holeya community and the
councillor is said to be related to the girl's family.

According to R. Mohan Raj, State convener of the Karnataka Dalit
Sangharsh Samiti. Sampangi's family was facing social boycott in the
area and were feeling threatened by the behaviour of the 'upper' caste
people in the neighbourhood as well as some political goons.


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[ZESTCaste] Govt urged end caste-based discrimination

http://www.myrepublica.com/portal/index.php?action=news_details&news_id=29412

Govt urged end caste-based discrimination

REPUBLICA/RSS
KATHMANDU, March 20: The National Dalit Commission (NDC) and the
Office of the High Commissioner for Human Rights in Nepal
(OHCHR-Nepal), on Sunday called on the government to fulfill its
commitment of ending all forms of discrimination, including
caste-based discrimination.

Issuing a joint press statement on the eve of the International Day
for the Elimination of Racial Discrimination, the NDC and OHCHR-N said
among the recommendations made by UN member states in Universal
Periodic Review (UPR) of United Nations Human Rights Council in Geneva
recently was to end discrimination.


While lauding the government for its commitment to enact into law the
Bill on Caste-based Discrimination and Untouchability, the OHCHR-N has
also said it stood ready to support the government on concrete action
needed to implement the UPR recommendations. "The Government is urged
to swiftly adopt the bill on caste-based discrimination and
untouchability in line with the highest international human rights
standards," the statement quoted Jyoti Sanghera, Head of OHCHR- Nepal,
as saying.

The statement said OHCHR and the NDC through their monitoring have
verified continuing incidents of physical assault, arson, forced
displacement, sexual violence and labor exploitation resulting from
caste-based discrimination. "Despite the obligations under the
International Convention on the Elimination of All Forms of Racial
Discrimination, the Interim Constitution of Nepal and other national
legislation, caste-based discrimination and untouchability remain a
reality for many Dalits in Nepal," the statement further said.

"Caste-based discrimination must be defined as a crime and strong
legal provisions be put in place to penalize the perpetrators,
bringing an end to impunity for such acts. The adoption of the Bill on
Caste-based Discrimination and Untouchability is paramount in
providing the victims with proper and speedy access to justice," the
statement quotes Bijul Bishwakarma, the Chairperson of the NDC, as
saying.

New constitution to be dalit friendly

Chairman of the Constituent Assembly (CA) Subas Chandra Nembwang has
pledged to draft a dalit-friendly constitution.

Speaking at a program on the occasion of the 9th anniversary of the
National Dalit Commission on Sunday, Nembwang urged all to
institutionalize the legal provisions announced against the caste
discrimination as guaranteed by the new constitution after its
promulgation.

He said the constitution writing process has reached into a crucial
point adding that completion of the peace process and writing of the
new constitution were the major tasks of the present hour.

Likewise, secretary of the Commission Jiban Pariyar expressed
dissatisfaction over the lack of implementation in practice though the
country abolished caste discrimination.

On the occasion, 11 different personalities from dalit community
including Bishwo Bhakta Dulal ´Ahuti´, writer of television serial
´Dalan´, the Nepali to reach Antarctica Bhuvan Singh BK, Kamal Nepali,
singer Yesh Kumar and others were honored.


Published on 2011-03-20 16:37:04


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[ZESTCaste] 13 dalits injured in group clash in UP

 

http://www.deccanherald.com/content/147500/13-dalits-injured-group-clash.html

13 dalits injured in group clash in UP
Pratapgarh (UP), Mar 21, (PTI):

Thirteen people, including four women, were injured when 15 houses of
dalits were set on fire during a group clash in Hathigawan area here,
officials said here today.

The incident took place yesterday night when residents of Shitlaka
purwa and Kadampur villages clashed over a trivial issue leading to
arsoning of 15 houses in Kadampur village, Circle Officer B S Rana
said.

After setting afire the houses, the rival group also beat the
villagers, all dalits. Thirteen persons, including four women, were
injured in the incident, officials said. The injured were rushed to a
nearby hospital, where the condition of two women was stated to be
serious, they said.

A large number of policemen have been deployed in the village to avoid
further untoward incident. Some persons have been detained in
connection with the clash.

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[ZESTCaste] Law must prevail over equity: SC

http://www.indianexpress.com/news/law-must-prevail-over-equity-sc/765326/2

Law must prevail over equity: SC
Agencies Posted online: Mon Mar 21 2011, 16:56 hrs
New Delhi : The Supreme Court has ruled that law should prevail over
equity and that judges should not legislate as it would be violative
of the basic democratic principles.

A bench of justices Markandeya Katju and Gyan Sudha Mishra in a recent
judgement said courts should not interpret rules on the basis of
equity.

"In other words, once we depart from the literal rule, then any number
of interpretations can be put to a statutory provision, each judge
having a free play to put his own interpretation as he likes.

"This would be destructive of judicial discipline, and also the basic
principle in a democracy that it is not for the judge to legislate as
that is the task of elected representatives of the people. Even if the
literal interpretation results in hardship or inconvenience, it has to
be followed," the bench said.

The apex court passed the ruling while setting aside a May 23, 2006
judgement of a Full Bench of the Kerala High Court which on the basis
of principles of equity upheld the promotion of general category
candidates for the post of Block Development Officer (BDOs).

The dispute related to inter se seniority for the post of BDOs between
the general category candidates and petitioner Scheduled
Caste/Scheduled Tribe candidates.

The apex court said, "The Full Bench and single judge have relied on
equity, justice and good conscience, rather than law. We are of the
opinion that this approach is incorrect. When there is a conflict
between law and equity, it is the law which is to prevail.

"Equity can only supplement the law when there is a gap in it, but it
cannot supplant the law. In the present case, Rule 27(c) clearly makes
the appellants senior to the respondents as the advice for their
appointments were made prior to that for the respondents," the bench
said.

According to Rule 27(c) of the Kerala State and Subordinate Services
Rules, seniority is to be determined "by the date of first effective
advice made by the Public Service Commission to the State Government
for appointment.

In the present case for the appellants B Premanand and other SC/ST
candidates the said advice for appointment was made by the Kerala
Public Service Commission on July 8, 1992 and they joined between July
13, 1992 and October 22,1992.

Whereas, "advice" for the general category candidates was made on
April 6, 1993 and they were appointed as BDOs on September 28, 1993
and they joined between October 6,1993 and November 17, 1993.

However, the Full Bench of the High Court ruled in favour of the
general category candidates vis-a-vis seniority on the ground that
their original selection was much prior to the SC/ST candidates.

The apex court said that Rule 27(c) of the rules was plain and clear,
hence, the literal rule of interpretation would apply to it.

"No doubt, equity may be in favour of the respondents because they
were selected earlier, but as observed earlier, if there is a conflict
between equity and the law, it is the law which must prevail. The law,
which is contained in Rule 27(c), is clearly in favour of the
appellants," the bench said.

In this context, the bench recalled the ancient "Mimansa Rules of
Interpretation," which, it said, were regrettably hardly ever used in
our law courts.

"It may be mentioned that it is not stated anywhere in the
Constitution of India that only Maxwell's Principles of Interpretation
can be utilised. We can utilise any system of interpretation which can
help to resolve a difficulty."

"According to the Mimansa principles, the Shruti (literal meaning)
will prevail over the Linga (suggestive power)," the bench said.

It said where the words of a statute are absolutely clear and
unambiguous, recourse cannot be had to the principles of
interpretation other than the literal rule.

"The language employed in a statute is the determinative factor of the
legislative intent. The legislature is presumed to have made no
mistake. The presumption is that it intended to say what it has said.

"Assuming there is a defect or an omission in the words used by the
legislature, the court cannot correct or make up the deficiency," it
said.

The apex court said a departure from the literal rule should only be
done in very rare cases, and ordinarily there should be judicial
restraint in this connection.

"In other words, the literal rule of interpretation simply means that
we mean what we say and we say what we mean.

If we do not follow the literal rule of interpretation, social life
will become impossible, and we will not understand each other. Life
will become impossible," the bench added.


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