Tuesday, November 1, 2011

[ZESTCaste] Gehlot warns against creating caste war in Raj

 

http://zeenews.india.com/news/rajasthan/gehlot-warns-against-creating-caste-war-in-raj_739137.html

Gehlot warns against creating caste war in Raj
Last Updated: Monday, October 31, 2011, 22:16

Jaipur: Rajasthan Chief Minister Ashok Gehlot on Monday warned against
creating "caste war" in the state over reservation in promotion in
government services.

"No class - be it SC, ST, OBC or general - has the right to create
caste war. The government will take stern action against such
forces...We will not tolerate any effort to create caste-war," he told
reporters here.

A faction of the state government employees is fighting against SC/ST
reservation in service promotions.

On Gujjar community threat to revive its reservation agitation, Gehlot
said, "We respect Colonel Kirori Bainsla and in democracy everybody
has the right to protest. Their main demands are sub-judice and the
rest have been fulfilled."

"All communities in special backward classes in the state are happy
and satisfied," he claimed.

PTI

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[ZESTCaste] Court questions legality of special law to protect SC/ST

 

http://www.deccanherald.com/content/201557/court-questions-legality-special-law.html

Court questions legality of special law to protect SC/ST
New Delhi, Oct 31, (PTI) :

A Delhi court today questioned the legal validity of a special law
enacted to protect Dalit and tribal communities saying it
discriminates among offenders on the basis of caste.

Additional Sessions Judge Kamini Lau questioned the legality of
Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act and
sought a re-look into it while sentencing 15 people, convicted on
September 24 for their alleged involvement in the April, 2010,
killings of a 70-year-old dalit and his physically challenged teenaged
daughter.

"The SC/ST (POA) Act, 1989 is one such legislation whose provisions
create a distinction on the ground of caste in matters of imposition
of sentence in case of certain offences, thereby creating an anomalous
situation," said ASJ Lau.

She added ".....where on the one hand, it (the Act) provides a
stringent punishment for imprisonment for life in case the victim of
atrocity is member of SC/ ST and the violator is not a member of SC/ST
but would let go a violator who is a member of the SC/ST (irrespective
of whether the victim is a member of the SC/ ST or not)".

The court said, similarly, in a case where the victim is not a dalit
or tribal member, the punishment to the offender for the same offence
would be under the general Indian Penal Code which provides for
judicial discretion in imposing sentence which could be lesser than
that provided under the SC/ST Act.

"Why this distinction when the crime committed is the same and the
victim suffers as much?," the judge said.

ASJ Lau argued "any distinction in implementation of penal provisions
on the basis of religion, race, caste, sex or place of birth weakens
the secular democratic fabric, leading to polarisation and resulting
in division of the country."

While seeking a re-look into the legality of the SC/ST (POA) Act, ASJ
Lau directed that a copy of her order be sent to the office the Rajya
Sabha general secretary, saying the legislation came into existence
two decades ago and its efficacy needs to be evaluated in the
country's changing socio-economic scenario.

"This legislation in my view requires a re-look and an effective
debate. Atrocity is the wrong of the grossest kind and all atrocities
are a crime against humanity," ASJ Lau said.

The court said the Act deals with atrocities but restricts its
operation to the particular groups based upon caste.

It said instances of powerful members of a clan committing atrocities
against less fortunate members of the same clan/caste/ community are
not rare.

"Atrocities which deal with crimes against humanity should not be, in
my view, restricted to particular caste or groups," the judge said.

The court also counselled "interactive political process" to prevent
caste-based violence.

"Community and caste-based violence can be prevented by inclusive and
interactive political process to subdue the poisoning of fanaticism of
divisive and communal thinking," ASJ Lau said.

"Caste distinctions are often exploited by those wanting to cultivate
discontent and instigate violence and the only effective safeguard is
the bonds developed by national democracies and the vigour of the
democratic politics in generating tolerant values," the judge said
referring to Nobel Prize winner Amartya Sen's celebrated work "Idea of
Justice."

The court also questioned the provisions of section 4 of the SC/ST Act
which differs while dealing with the offence of negligence in duties
by a public servant.

"The provision of the Act on one hand lets go a member of the SC/ST,
who commits the same crime, of non-performance or neglect his duties
in relation to provisions of the Act but punishes a person who is not
a member of the SC/ST. Why so? Is it not palpable discrimination?," it
said.

"It is this what has made me ponder if it was not time that the
'Atrocities Act' be made caste neutral with a provision for uniform
punishment for all violators, irrespective of caste distinctions," the
judge said.

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[ZESTCaste] Gehlot cautions OBC/Gen category employees against opposing promotion quotas

 

http://timesofindia.indiatimes.com/city/jaipur/Gehlot-cautions-OBC/Gen-category-employees-against-opposing-promotion-quotas/articleshow/10561370.cms

Gehlot cautions OBC/Gen category employees against opposing promotion quotas
TNN | Nov 1, 2011, 02.39AM IST

JAIPUR: Chief minister Ashok Gehlot on Monday cautioned the government
employees from the Other Backward Classes (OBC) and the general
category against segregating their colleagues belonging to the
Scheduled Castes (SC) and the Scheduled Tribes (ST) on the issue of
quota in promotions.

"The SC/ST people are more backward than the OBC ones. Be it the OBC
or the general category people, they need to take more care of the
SC/ST people," chief minister Gehlot said, advising the non-reserved
category employees to stop opposing the quota benefit of their
reserved category colleagues.

Gehlot was speaking in response to reporters' query on the
demonstrations being held by OBC/general category employees'
organisations to demand execution of the Rajasthan High Court judgment
that struck down the SC and ST employees' quota in promotions. The
local administration prevented one such organisation-the Samta Andolan
Samiti-to take out a 'silent rally' in support of their demand on
Sunday.

The chief minister, who too belongs to the OBC category, reiterated
that a division between the state government employees on the quota
issue would lead to a class conflict, which his administration would
not let happen. Referring to instances where mere road accidents led
to communal violence when people linked these to the religious
identities of the persons involved, the chief minister said, "The same
tendency is now creeping among the government employees."

"Be it the SC/ST people, the general category people or the OBC, no
one will be allowed to create conditions for a class war. Instead of
taking to the streets, let the judiciary interpret its decisions," the
chief minister said, pointing out that the quota issue was under
consideration by the high court.

Gehlot also referred to an observation made by the Supreme Court in
July this year that quota for the OBC students was a 'hard reality'.
"Justice Raveendran said he understood how the general category
students' sentiments were hurt when their counterparts from OBC or
ST/ST got admissions in educational institutions despite scoring
comparatively less marks. But, as Justice Raveendran said then, we
need to accept our social and constitutional setup that allows such
benefits," the chief minister reasoned.

Almost two years ago, the high court decreed that SC/ST employees in
Rajasthan cannot be granted the constitutional provision of quota in
promotions since the state government failed to fulfill the
preconditions laid down the Supreme Court.

On Monday, the ruling party president Chandrabhan blamed the previous
BJP government for failing to fulfill the conditions. "Our government
will support the quota in promotions for SC/ST employees. The present
legal hurdle has occurred due to the Vasundhara Raje government that
did not bother to full the preconditions," Chandrabhan told reporters
at the PCC.

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[ZESTCaste] Mirchpur killings: Life term to 3, 5 years for 5, 7 let off

 

http://timesofindia.indiatimes.com/india/Mirchpur-killings-Life-term-to-3-5-years-for-5-7-let-off/articleshow/10558008.cms

Mirchpur killings: Life term to 3, 5 years for 5, 7 let off
PTI | Oct 31, 2011, 09.44PM IST

NEW DELHI: A Delhi court today awarded life sentence to three persons
for their role in the April 2010 killings of a 70-year-old Dalit and
his physically-challenged daughter at Haryana's Mirchpur village.

Additional Sessions Judge (ASJ) Kamini Lau sentenced Kulwinder,
Ramphal and Rajender to life imprisonment after holding them guilty
under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities)
Act.

"For the offence under provisions of SC/ST (POA) Act, they (Kulwinder,
Ramphal and Rajender) are sentenced to rigorous imprisonment for life
and fine to the tune of Rs 20,000 each," the court said.

Besides them, the court sentenced five others -- Baljeet, Karambir,
Karampal, Dharambir and Bobal, convicted for rioting, voluntarily
causing hurt, mischief and putting ablaze victims' houses and
provisions of SC/ST (POA) Act, to five years jail along with a fine of
Rs 20,000 each.

The court said the fine recovered from the convicts would be given to
the victims as compensation.

The court, however, released seven convicts on probation of good
conduct for a period of one year with supervision after furnishing of
personal bond of Rs 10,000 each.

ASJ Lau freed Sumit, Pradeep, Rajpal, Sunil, Rishi, Monu and Pradeep
on probation of good conduct under the provision of Probation of
Offenders Act taking into account that most of them were first time
offenders and were young.

The court observed that these seven convicts were not held guilty for
the offences under the SC/ST (POA) Act.

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[ZESTCaste] Namma Ambedkar

http://www.deccanherald.com/content/201591/namma-ambedkar.html

Namma Ambedkar

''The statue needs to be shifted immediately.''

The harried citizens of Bangalore, patiently awaiting a solution to
the horrors of daily commute on its grid-locked roads, have
wholeheartedly welcomed the opening of a small section of Namma Metro
which promises to make their lives easier.

The 6.7-km stretch from Baiyappanahalli to MG Road, now operational,
may serve a limited purpose at the moment, but the quality of service
and the enthusiasm with which the people have taken to it indicates
that the Metro will be a huge success once it connects the outlying
areas with the City centre.

The delays caused by political uncertainties and problems in acquiring
land have already pushed the completion schedule by about two years,
and it is incumbent upon the state government to expeditiously remove
the hurdles the project is facing.

The underground tunnelling in front of Vidhana Soudha and the state
High Court is the most challenging part of the work, as the safety of
the landmark buildings was a matter of concern. The engineers of
Bangalore Metro Rail Corporation Limited (BMRCL) were able to convince
the authorities that the Metro would pose no danger and this
particular link was vitally important to create the network.

Strangely, though the tunnelling work began about a year ago, the
controversy surrounding the shifting of a statue in front of Vidhana
Soudha has all but spooked the project. The statues of Jawaharlal
Nehru and Subhash Chandra Bose have been shifted without much ado, but
for over two years, the government has not permitted the shifting of
the statue of Dr B R Ambedkar, on the pretext that some dalit
organisations have been opposing it.

Last week, BMRCL managing director N Sivasailam wrote to the
government that unless it took a decision soon on shifting the
Ambedkar statue, the Metro work will come to a halt and even a few
months' delay would entail an additional cost of Rs100 crore.

Considering that BMRCL has promised to put the statues right back in
their places once the project was complete, the government should
immediately call the protesters and convince them that their objection
was untenable.

Dr Ambedkar, the father of the Constitution, is as venerable as our
other national icons, and nobody should see a 'conspiracy' to take
away a pride of place for his statue in front of Vidhana Soudha. It's
the government's responsibility to take administrative decisions in
the larger interest of the people, and it cannot allow itself to be
cowed down by some unreasonable organisations. The government must act
now.


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