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Friday, December 3, 2010

[ZESTCaste] Supreme Court relief for Mayawati's Noida park

http://www.ndtv.com/article/india/supreme-court-relief-for-mayawati-s-noida-park-70303

Supreme Court relief for Mayawati's Noida park
Press Trust of India, Updated: December 03, 2010 16:11 IST

New Delhi: In a reprieve for Mayawati, the Supreme Court today
cleared Uttar Pradesh government's ambitious project to construct and
install statues of Dalit icons at a park in Noida, saying it does not
come under forest land.

"We have found that it is not on forest land," a bench of Chief
Justice S H Kapadia and justices Aftab Alam and K S Radhakrishnan
said.

However, the bench said there was concern that the project is in
proximity of the Okhla Bird Sanctuary. It said all conditions and
guidelines laid down for the project have to be followed.

The Special Forest bench also put a rider that the 'pucca'
construction and hard landscaping should not exceed 25 per cent of the
site area.

Further, of the 75 per cent of the land, 50 per cent should have trees
towards the direction of Okhla Bird Sanctuary and 25 per cent area
should be covered with grass.

The bench said a three-member committee will ensure that the
construction activity will be carried out in accordance with the
conditions and guidelines laid down by it.

The members of the committee will comprise one from the Ministry of
Environment and Forest, one from apex court appointed central
empowered committee and the chairman of Noida Authority.

The project was mired in controversy following filing of some public
interest litigations (PILs) against its execution, on the ground that
it violated various environmental norms and building bye-laws.

Uttar Pradesh government has been defending the project, maintaining
that it did not require any environmental clearance, a stand which was
also supported by the Union government.

The area involved in the project was only 33.43 hectares, much below
the bench mark of 1,50,000 sq metre requiring environment clearance
from MoEF, the state government had contended.

All work for the Rs 650-crore project had been stopped since October
9, 2009, by an apex court order.

Senior advocate Harish Salve, while assisting the court as amicus
curiae earlier in the matter, had argued that clearance of the project
had to be given keeping in mind the environmental concern.

He had pointed out that it would have to be carefully examined if
demolition of concrete works already done in the park would be the
correct option as a major part of it has already been completed.

Salve had also said it needed to be examined if planting trees would
serve the purpose of restoration of the forest area.

The Union government too earlier had said that the project did not
require environmental clearance, but the bench had observed that the
project cannot be automatically approved just because the Centre has
given a green signal to it.

Appearing on behalf of some Noida residents opposed to the project,
senior counsel Jayant Bhushan had contended that it lied in close
proximity of Okhla Bird sanctuary and it needed to be subjected to an
elaborate Environment Impact Assessment (EIA) study, before its
clearance.

But the Union government was of the view that it did not require any EIA.

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[ZESTCaste] Govt to follow 50% quota in rural polls

http://timesofindia.indiatimes.com/city/bangalore/Govt-to-follow-50-quota-in-rural-polls/articleshow/7014728.cms

Govt to follow 50% quota in rural polls
TNN, Dec 3, 2010, 02.44pm IST

BANGALORE: The government wants elections to be held in zilla and
taluk panchayats as per the existing OBC list. The cabinet on Monday
decided to urge the State Election Commission (SEC) to conduct polls
as per the October 4, 2010, notification. This has taken into account
the Supreme Court's directive and limited total reservation (for SC,
ST and OBCs) to 50%. Elections to panchayat bodies are due by the
year-end.

Higher education minister V S Acharya said the cabinet has decided to
refer to the state backward classes commission the issue of giving
better representation to politically backward classes. While hearing a
petition, the high court had sought for better representation to
politically backward classes.

The cabinet has decided to appeal against the earlier apex court order
on reservation. This pertains to the SC's five-judge bench verdict on
May 11, 2010, which held that the upper ceiling of 50% vertical
reservation in favour of SC/ ST/ OBCs shouldn't be breached in local
self-government. Prior to the directive, reservation for SCs/STs and
OBCs was above 50%.

The government had tried to change the matrix recently by sending a
proposal to governor H R Bhardwaj to repeal the existing ordiance and
issue a fresh one. However, the governor rejected it twice saying the
government hadn't given any legal explanation for wanting to do so.

For the forthcoming ZP/TP elections, the government has adhererd to
the SC order and limited the reservation to 50%.

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[ZESTCaste] Dropouts dip to 1% but ST students lag behind: SSA study

http://timesofindia.indiatimes.com/city/chennai/Dropouts-dip-to-1-but-ST-students-lag-behind-SSA-study/articleshow/7032055.cms

Dropouts dip to 1% but ST students lag behind: SSA study
Karthika Gopalakrishnan, TNN, Dec 3, 2010, 01.42am IST

CHENNAI: School education in the state continues to make significant
gains, according to statistics from the Sarva Shiksha Abhiyan (SSA),
with the dropout rate falling to 1% in primary schools. The latest SSA
cohort study, which tracks the performance of children enrolled in
class I in 2005-06 over five years, shows that 97.36% of these
students complete their schooling. However, the statistics also
demonstrate that greater attention needs to be paid to the learning
levels of children from the Scheduled Tribe communities.

While the repetition rate (students who are held back in their class
at least once) is 6.15% among boys and 7.04 % among girls from the ST
group, this dips for SC students from 2.73% for boys and 1.76% for
girls. The overall repetition rate for children from all communities
in primary school is 1.88% and 1.41% for boys and girls respectively.

The situation is similar in upper primary sections for students who
enrolled in class VI in 2007-08 with ST boys displaying a repetition
rate of 8.09%, marginally lower than that of girls at 8.46%. The total
completion rate for students in the upper primary sections is also
lower at 93.35%.

Students from the ST community in Theni district registered the
highest repetition rate in primary classes with 18.07% in contrast to
their peers from Chennai at 0.32%. In the upper primary sections,
however, three districts put up a similar showing with Theni
registering a repetition rate of 15.24%, Kanchipuram at 15.38% and
Erode at 15.5%. Tiruchi district showed the least repetition among
upper primary sections at 0.12%.

Officials attribute this to the "geographical regions" in which
students from ST communities live and study. "It is possible that
because they stay in remote areas like hilly regions that they are not
able to finish their schooling within the allotted time frame of five
years and three years for primary and upper primary respectively. This
is probably because there are a few issues in the learning process at
the schools run by the department of Adi Dravidar and Tribal Welfare,"
a senior official from the department said.

Activists working for the development of ST communities affirmed that
inadequate infrastructure was a hurdle in the pursuit of education.
"Of the 72 villages in Kodaikanal, seven Adivasi villages have
elementary schools. Though they are supposed to be residential
schools, they do not have buildings. These schools function out of the
facilities built for members of self-help groups. Teachers come from
as far as 45km away in Dindigul so they reach school only at 11am and
leave by 2.30pm. So, the actual amount of time that children spend in
schools is very little," said N P Nagapandian and M Leelavathy from
the Palani Hills Tribal Welfare Association.

Officials from the SSA said efforts were on to rectify this situation
with the department planning to conduct community mobilisation
awareness' programmes from December to February to sensitise
stakeholders like parents, teachers and school heads to the provisions
of the Right to Education Act and the need to provide children with an
optimal school atmosphere. "We hope that by undertaking a drive at
this time of the year, we will be able to increase enrolment and
provide better education by June next year," an official added.

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[ZESTCaste] MP wants Medaras under ST list

http://timesofindia.indiatimes.com/city/hubli/MP-wants-Medaras-under-ST-list/articleshow/7031000.cms

MP wants Medaras under ST list
TNN, Dec 2, 2010, 09.55pm IST

DHARWAD: MP Prahlad Joshi has urged the Centre to include the Medara
community of Karnataka in Scheduled Tribes (ST) list. In a
call-attention motion tabled in Lok Sangha under Section 377, Joshi
pointed out that Meda and Medara communities elsewhere in the country
are similar in their occupation and economic status to their
counterparts in Karnataka. They all are engaged in cane works and
bamboo handicrafts.

Joshi said while the Meda and Medar had already been listed under ST
category by the central government, the Medara community of Karnataka
had been left out due to oversight by the officials. Several pleas by
the community members and Karnataka government had been of no use, he
said.

Joshi said the registrar general of India and SC/ST Commission had
accepted that Medara community prevalent in north Karnataka is
equivalent to the Meda and Medar community members and recommended
their inclusion in the ST list. But due to apathy of the officials at
the ministry concerned, the demand has not been fulfilled, he claimed.

Joshi said the Medara community members in north Karnataka are
economically and educationally backward and hence needed to be
supported.

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[ZESTCaste] Statutory bodies in state fail to secure rights of SCs: Study

http://timesofindia.indiatimes.com/city/jaipur/Statutory-bodies-in-state-fail-to-secure-rights-of-SCs-Study-/articleshow/7032736.cms

Statutory bodies in state fail to secure rights of SCs: Study
TNN, Dec 3, 2010, 05.52am IST

JAIPUR: A study by social organsiations has highlighted an
unsatisfactory role of statutory bodies in securing the rights and
entitlements of scheduled castes in Rajasthan. The findings of the
study were released at a state-level consultation organized at Nehru
Sahakar Bhavan here on Thursday.

Participatory Research in Asia (PRIA) in collaboration with Centre for
Dalit Rights (CDR) Jaipur conducted the study.

According to the annual report 2009-10, by the Union ministry of
Social justice and empowerment, Rajasthan reported one of the highest
incidence of atrocities against Dalits, with 4,302 cases registered in
2008 under SC/ST (PoA) act. It reports an incidence of 44.7 cases per
lakh of population, which is the highest percentage in India.

Thirty-one case studies from the state were discussed to analyse with
a point of view of implementation, constitutional safeguards and the
process of grievance redressal. The study highlighted those high
levels of dissatisfaction with these constitutional and quasi-legal
bodies, which are meant to protect interests of SCs.
The report observed, "It is clear that the protective measures and
developmental measures have not been implemented in the spirit in
which they were conceived. Its reach, therefore, remains limited and
impact is not very clearly visible at the micro level."

While macro development indicators portray better pictures, grassroots
realities are not so rosy. Even government data implies not so
efficient utilization of resources under various schemes. Pockets of
poverty and deprivation still remain untouched. Incidents are often
cited in the field when various commissions and committees made for
benefits of SCs could not always deliver help to SC individuals and
communities.

Rajasthan State Planning Board's deputy chairman Prof Vijay Shankar
Vyas, addressing the inaugural session, said the facts and figures
revealed in the study were shocking and it was very unfortunate that
atrocities against Dalits were continuing unabated despite the
presence of laws and statutory institutions.

He emphasised the need to create public opinion in favour of bringing
marginalised people to the mainstream. Prof Vyas expressed concern
over the fact that while the law provides for equality of all
citizens, this was not translated into reality in the country's social
life.

Centre for Dalit Rights patron, P L Mimroth, held the state government
directly responsible for injustice against Dalits. He said the State
Human Rights Commission, Women's Commission and SC/ST Commission were
virtually defunct and were dominated by people with feudal mindset in
their approach and functioning.

Calling for fixing accountability of government, Mimroth said the
clear legal provisions such as in camera court proceedings in the rape
cases were not complied with.

"The poor conviction rate of 4 to 5 per cent in the rape cases of
Dalit women reveals the weakness of our entire justice delivery
system," he said.

PRIA director, New Delhi, Manoj Rai, regretted that the major
commissions in Rajasthan, such as Women's Commission and SC/ST
Commission had not been commissioned during the present regime.
Strangely, the SC/ST Commission in the state has not brought out its
annual report even once so far.