Monday, December 04, 2017

Reservation Dalits Muslims

Indian’s  Diary  –  e  News  Weekly
Spreading the light of humanity freedom
Editor: Nagaraja.M.R.. Vol.13..Issue.49........09  / 12 / 2017

 PIL –  Reservation for Dalits & Muslims

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017


IN THE MATTER OF


NAGARAJA . M.R

editor  Indian’s  Diary  &  Dalit’s Diary ,
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner

Versus

Honourable Chief Secretary , Government of Karnataka ,
Honourable Pricipal Cabinet Secretary , GOI  & Others


....Respondents



PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.


To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:
   Dalits & backward caste people  have suffered innumerably for centuries  at the hands of forward caste people. It  was nothing but APARTHEID policy.
   Muslims and other  people  whoes numbers were minor  also suffered persecution.
   Our constitutional framers  to provide  equal oppurtunity to all indian citizens gave certain transient  measures like reservation in schools , college , jobs , etc to these persecuted people.
   Now even after 70 years of independence &  reservation , affirmative policies of government still  many dalits , minorities are  suffering. Creamy layers of  dalits , muslims  with political connections  have over used , reservation benefits to the maximum denying their own dalit , muslim brothers , sisters of reservation benefits. As  a result  few dalits , muslims  have become well educated , rich while their  poor brothers suffer in ghettos , slums.
   Private sector   which  enjoys loans , subsidies , other benefits from government  , public banks  are not bound  by reservation policy , are not bound by social obligation to provide reservation to dalits & muslims.
   Successive governments  are indirectly  segregating people with new names & using them as vote banks. Affirmative actions of government  are creating inequalities in society, while constitution of india mandates to treat all citizens as equals.

2. Question(s) of Law:
Why NOT  reservation policy  cover all dalits , muslims & minorities ?  Why NOT uniform civil code ?

3. Grounds:

Request for  Protection of Fundamental & Human Right of Equality of all Indian Citizens  in all spheres..

4. Averment: 
.
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to  enact UNIFORM CIVIL CODE.
b.  to  give reservation benefits like job reservation , subsidized loan , preferrential industrial / residential site allotment , etc  only once , only one benefit  that too to only one family member. This  avoids  a single dalit with political connections using multiple reservation benefits and  same  family members using reservation benefits. Once a dalit gets reservation benefit he must come up on his own and must strive to bring  up his other family members. This way reservation benefit will  reach other poor dalit families  who have not received  a single reservation policy benefit.
c. to order government to stop appeasing one minority community  by subsidized pilgrimage ,  marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to  bring oppressed  on par with forward caste  people towards a dignified life  but never to  put them above others  crushing , oppressing  poor forward caste people. This goes against constitution & creates new  way of  APARTHEID & new outcasts.
e. to order government  to enforce reservation policy in job , school seats , to private sector also.
.



PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to legally enforce  Uniform Civil Code.
b.  to  give reservation benefits like job reservation , subsidized loan , preferrential industrial / residential site allotment , etc  only once , only one benefit  that too to only one family member. This  avoids  a single dalit with political connections using multiple reservation benefits and  same  family members using reservation benefits. Once a dalit gets reservation benefit he must come up on his own and must strive to bring  up his other family members. This way reservation benefit will  reach other poor dalit families  who have not received  a single reservation policy benefit.
c. to order government to stop appeasing one minority community  by subsidized pilgrimage ,  marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to  bring oppressed  on par with forward caste  people towards a dignified life  but never to  put them above others  crushing , oppressing  poor forward caste people. This goes against constitution & creates new  way of  APARTHEID & new outcasts.
e. to order government  to enforce reservation policy in job , school seats , to private sector also.


f. to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. 


FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY. 

Dated : 05.12.2017          ………………..FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON 


Editorial : AN  APPEAL  TO  HONOURABLE  SUPREME  COURT  OF  INDIA  -  MORE IMRAANAS & SHA BANOOS  -  URGENT NEED FOR UNIFORM CIVIL  CODE

Take recent cases of Maryada  Murders or  Honour killings , rape cases of women . Decades old case of rape victim, SMT. Imraana has proved that how inhuman , illogical the fatwa & shariat laws of muslim community are. It remindsus of medieval times. The so-called ardent followers of shariat laws, only force it on their women folk. The shariat laws with respect to men folk like prohibition on drinking, smoking, adultery,etc & the punishments like public stoning to death are not enforced. The muslim men are authorised by shariat to marry more women but they must look after all their needs as per shariat. They can divorce their wives by triple talaq if they are not satisfied with them. This part of shariat is carried out by menfolk however the other part of shariat which stipulates paying back of dukthari, woman's belongings,her properties all to her after talaq are not at all followed.
The male chauvinists in muslim community are the worst violators of shariat. They are suitably manipulating shariat to supress muslim women. The central government is also dancing to the tunes to safeguard it's vote bank. Take the case of shaa banoo during P.M. Rajiv gandhi's regime. Inspite of supreme court ruling to pay living expenses to her by her ex-husband, the govt passed a bill annulling the SC verdict.
The govt gives subsidy to haj pilgrims, does it give the same amount of subsidy to kashi pilgrims, bodhgaya pilgrims, bethleham & Jerusalem pilgrims ? The women folk of different religions don't enjoy same property rights in their parent's property. The govt has enacted
various laws which are itself unequal, illogical & violative of fundamental rights of citizens, all to appease a votebank.
All religions are based on humanity & equitable justice, are good, great & lead to the same supreme power. It is the subsequent interpretations which are inhuman. According to times, the medieval rituals which may be right at that time, at that place but now inhuman, illogical at this time & at this place-india, should be dropped. The religion must be within the confines of home. Before law, everybody is equal & must be treated as equals, both women & men.
Hereby, HRW urges the honourable supreme court of india to order the govt of india to enact uniform civil code within a time frame. JAI HIND. VANDE MATARAM.
Your's sincerely,
Nagaraja. M. R .

Raped at gunpoint by father-in-law, clerics order to treat her husband as her son

In a chilling reminder of the Imrana case, yet another young woman from Muzaffarnagar who allegedly fell victim to her father-in-law’s sexual assault faces a bleak future after mullahs declared that the husband of the victim will be treated as her son.
The 28-year-old victim alleged that her husband has been working in Dubai for the last two years and her father-in-law has been sexually assaulting her at gun point since 2013.
She remained silent because he used to threaten to kill her. He also video recorded his act and threatened to make it public if she opened her mouth.
When she told her husband about it, he blamed her for making a false allegation against his father.
When she finally told her parents, they suggested her to take legal action against her rapist father-in-law.
She created ruffles in the local administration and the Muslim community on Thursday by moving an application before District Magistrate Kaushal Raj Sharma to arrest her father-in-law and allow her to abort her seven-month pregnancy.
After the application by the victim, clerics jumped into the case and declared that the husband of the victim will be treated as her son.
Avoiding any comment against the father-in-law who repeatedly raped and blackmailed the victim, Maulana Mohammad Nazar of Jamiat Ulama-i-Hind said: “As per the Sharia law, the baby in her womb is her husband’s brother. Her husband must divorce her, even if his father looked at his wife with lust.”
In 2007, Imrana's case, which was broadly similar with the clerics declaring her marriage null and void after she was raped by her father-in-law, had led to a tsunami of criticism of the mullahs who have been treading cautiously on inter-personal issues ever since.

Supreme Court calls for common civil code

 The Supreme Court has expressed distress over the government's failure in enacting a common civil code to end discrimination between various religious communities in the areas of marriage, succession and property and felt that such a code would help in removing contradictions based on religious ideologies. 

The court also declared as unconstitutional section 118 of the Indian Succession Act, 1925, which applies to Christians alone and not any other community and imposes restrictions on the community from bequeathing their property for religious and charitable purposes by will. 

This is not the first time that the apex court has drawn the law makers' attention towards the unfulfilled constitutional obligation to give effect to Article 44 of the Constitution. This provision says: ``The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.'' 


In the famous Shah Bano case and later in a judgment relating to a Hindu husband converting to Islam in order to legally justify bigamy and avoid penal action, the court had hoped that Parliament would enact a common civil code. 

The present judgment is a fall out of a writ petition filed by a Roman Catholic priest, John Vallamattom, filed six years ago challenging the constitutional validity of section 118 of the Indian Succession Act on the ground of discrimination. 

Section 118 says that a person having a nephew or niece or any near relative cannot bequeath his property for religious or charitable purposes unless the will is executed not less than 12 months before his death, or the will is deposited within six months from its execution to a place provided by law and it remains in such deposit till his death. 

Justice A R Lakshmanan described the provision as ``undue, harsh and special burden on the Christian testor alone''. Chief Justice V N Khare said that the period of 12 months could not have been linked to the object of performing the philanthropic act. ``As the charitable purposes are philanthropic and since a person's freedom to dispose off property for such purposes has nothing to do with religious influence, section 118 treating bequests for both religious and charitable purposes is discriminatory and violative of Article 14 of the Constitution,'' he added. 

Justice Lakshmanan said despite the Kerala High Court declaring the provision unconstitutional as far back as 1998, Parliament had not removed it and hence the apex court must declare it as unconstitutional. 

In another significant observation dealing with the arguments against a common civil code, CJI Khare said: ``It is no matter of doubt that marriage, succession and the like matters of secular character cannot be brought within the guarantee enshrined under Articles 25 and 26 of the Constitution (right to freedom of religion).''

PRACTICE OF UNTOUCHABILITY BY EDUCATIONAL INSTITUTIONS IN  INDIA
- VIOLATION OF HUMAN RIGHTS OF DALITS
In india , rich people belonging to forward castes form educational trusts , proclaiming that they want to serve the society by providing education to all irrespective of caste or creed. By this declaration they get Civic Amenity sites from government authorities at concessional rates. Further they get tax , duty
exemptions on materials , machines they import for the educational institution. However , while admitting students they are purely  commercial minded , the highest bidder gets the seats.

 IF AT ALL THE SOLE AIM OF THESE INSTITUTIONS IS COMMERCIAL – LET THEM BE REGISTERED AS COMMERCIAL BODIES , ASK THEM TO GET SITES AT COMMERCIAL MARKET RATES , ASK THEM TO PAY TAXES ON
MATERIALS , MACHINES & THEIR YEARLY INCOME. ENFORCE MINIMUM WAGES ACT , GRATUITIES ACT , P.F & ESI ACT TO THESE INSTITUTIONS WHO ARE PAYING A PITTANCE TO THEIR STAFF.

Some institutions like industrial training institutes ( I.T.I) , polytechnics , engineering colleges & medical
colleges run by trusts floated by forward castes lack basic infrastructure , to teach students properly , they only appoint staff belonging to thier castes. Dalits , minorities , weaker section people are not at all selected. They don't publicly advertise for vacancies. They fill all posts with thier own caste people & finally even get government grant in aid. How ? These institutions are getting affiliations , yearly approvals form the government , how ? actually they should have been shut.  These trusts want government backing for tax exemptions , lands at concessional rates ,monetary benefits , etc , however the same trusts are not willing to implement the social welfare objectives of the government , by providing seats to weaker sections , by providing appointments to dalits  few posts in all category of positions ( not just group D - dalits are also brilliant & capable of performing all jobs, they have proved it ).


Hereby , we urge honourable prime minister of india , government of india  &  honourable chief minister of karnataka ,  government of karnataka to :

1. before giving lands at concessional rate , tax exemptions , to any educational trusts the government must ensure that the trust must adhere to the social welfare norms of the government from day one.
2. Before giving affiliations to educational institutions the govt must ensure , are the institutions are providing sufficient infrastructure to students ?
3. Before giving grant in aid to any institution , the government must ensure have the management provided jobs to dalits , minorities , etc as per norms from the day one . if not grant in aid should be
rejected. Here there is no meaning in giving reservation of jobs in future appointments in those institutions , as all the posts are presently filled with forward castes , there is no expansion projects.
So , dalits have to wait for another 30-40 years to get the vacancies in those institutions after the retirement of forward caste employees , which is not at all practical or realistic .
4. In karnataka state , numerous Industrial Training Institutes ( ITI) have mushroomed , some don't even have basic infrastructure. Still they are running the show , how ? these ITIs run by forward caste people have appointed only their caste people to all posts , not even a single dalit is there. Still they have got government grant in aid , how ? we urge honourable chief minister of karnataka , to look into this & in future to provide grant in aid in aid to only those I.T.Is which have proper infrastructure & dalits , weaker section employees on their pay-rolls.
5. To order all educational institutions to make public announcement of vacancies in their institutions even though not covered under grant in aid , as they have already taken sufficient monetary
benefits from the government.
6. To order all educational institutions , to admit students as per government rates of fees. Some institutions are fleecing higher fees from the students , but are giving receipts for lesser amount only.
7. If any educational institutions don't agree with the government  norms , those institutions must be asked to be registered as commercial bodies , no tax exemptions , lands at concessional rates ,
allotment of CA sites should be given to them by the government.

By these measures alone poor & weaker section people will get justice . you are aware of merited but poor  students committing suicides year after year , CET fiasco - due to their financial inability to join medical or engineering colleges. Numerous similar cases are there with regard to admission to ITIs .
polytechnics. The greed  &  casteism of these educational institutions is reigning high. In the positive hope that you will be kind enough to  put an end to this menace.


ELIMINATE MANUAL SCAVENGING BUT NOT SCAVENGERS
-         an appeal to honourable supreme court of India


        In India, since independence certain affirmative actions by the government like job reservations , reservations in educational institutions , loan facilities , etc are extended to the backward class , oppressed people. However , the persons who have economically, socially become stronger on the basis of these government affirmative actions are not letting their own brethren – scavenging community  to utilize the same. The politicians are just making noises about  sub caste reservation for scheduled castes & tribes , but doing nothing. As a result , today we find some sub-castes & tribes of SC / ST better off than their previous generation, some other sub-castes & tribes of SC / ST are reeling under utter  poverty , social ostracism , etc.
       A human being can be in a civilized form , healthy -  if we have scavengers to clean our toilets , drainages , if we have barbers to cut our hairs. The very same people who keep us healthy & civilized are not treated in a civilized manner by the society , why ? most of the town municiapalities , city corporations are employing scavengers on daily wages without any statuotary benefits & are paid less than the statuotary minimum wages. every  towns & cities in India are bursting with population growth , however the number of scavengers has not been increased in proportion to the growth of population , In most of the cases the existing scavengers are overburdened with the work load. ,  Most of them are suffering from occupational health hazards , are dying at young ages leaving their families in the lurch.
      Hereby, we appeal to honourable supreme court of  India to treat this as a PUBLIC INTEREST LITIGATION & to order government of India , all state governments , statuotary bodies
1.      to regularize the jobs of all scavengers , to provide all statuotary benefits like ESI,PF, etc.
2.      to take all necessary steps to eradicate manual scavenging – carrying human excreta on heads.
3.      to take all necessary steps to protect their health & occupational safety.
      
Bottomline : all the citizens , the society must learn to respect their brethren who keeps them healthy , tidy & civilized. JAI HIND.VANDE MATARAM.

Your's sincerely,
Nagaraj.M.R.

Private Sector – Its obligations to Dalits
-- By Rajindar Sachar


A lively but in my view, ill-informed, discussion is taking place in public on the question of job quota in the private sector. The controversy has become sharper by the weight of legal opinion of the Attorney General that it was not possible to provide reservation for SCs and STs in the private sector without amending the Constitution. I have my reservation on the correctness of this view. I realize that emphasis is made on job quota possibility because of our feudal and hierarchical social system which puts a job in an office whether inprivate or public sector as the highest achievement. However, I feel that though emphasis on job may be kept up, the real battle dalits need to fight is to have a share in the expanding business opportunities and that too in proprietary capacity. It is in this context that I put forward an alternative which is immediately available and which can give more affluence, recognition and opportunities to dalits not only for jobs in private sector but for expanding the opportunities to share in the growth of Indian economy, and that too without amending the Constitution.

It is well known that Central and State Governments award thousands of crores worth of public works and contracts to the private sector. All these activities flow from the Government playing a very crucial and significant role either to make a particular avenue open to the private sector like the privatization and modernization of airports, express highways Public Works Department, Delhi Development Authority (DDA), Delhi and similar ones in number of other States for roads or even construction of Govt. properties which are to be executed by the private contractors. I am of the view that if proper steps available even under the present legal set up are taken, a very large segment ofdalits population can be absorbed and can take benefit of the rising economy.

It is in this context that a reference to USA legislation called the "Public Works Employment Act of 1997" would be apt. That Act had a minority business enterprise clause which provided that 10% (minority population of USA) of the federal funds granted for local public works projects must be used by state and local grantees to procure services or supplies from business owned and controlled by "minority group members", the latter being defined in the Act as United States citizens who are "Negroes, Spanish-speaking, Orientals…….".

This provision was challenged as denying an equal protection clause provided under the 14th amendment of the US Constitution (from which Article 14 of our Constitution has been adopted). The Court upheld the validity of the legislation as it contained provisions designed to uplift those socially-economically disadvantaged persons to a level where they may effectively participate in the business mainstream of USA economy.

The arguments raised as to why the private contractors should be compelled and limit their choice in this particular manner as to from where the supplies will be received and whom they will sub-contract was rejected, by holding that "legislation When effectuating a limited and properly tailored remedy to cure the effects of prior discrimination, such "a sharing of the burden by innocent parties is not impermissible".

Question of constitutional objection is totally off the mark. After 44th amendment Right to Property is no longer a fundamental right. Only Parliamentary legislation is necessary to deprive a person of it without compensation. It is also well settled that Article 19 confers no right on an individual to carry on business with the Govt. – if it wishes it has to be on terms settled by Govt. As such, no objection can be taken by the private sector to the provision making it incumbent on it to share proportionately with Dalits the funds given to it by the Govt. or local body agencies.

Similarly, governments could prescribe conditions as a part of scheme of disinvestment of public sector. It would then be permissible for the Central and State Governments to provide that out of these amounts the private contractor will have to ensure that a certain percentage which, to start with, could be fixed at 10% (though it is low as compared to the dalits population of 15-16%) to be made available to them either in the matter of sub-contracting or executing some works or in the matter of employment. Such a course would require not only no constitutional amendment but not even an Act of Parliament. The reason being that the Government, being the spending authority, it is permissible for it by executive orders to direct that a certain portion of this money available will be utilized either for providing employment or for sub-contracts to the dalits. This is what was done in USA and which while upholding the said legislation very eloquently observed – "if we are ever to become a fully integrated society, one in which the colour of a person's skin will not determine the opportunities available to him or her, we must be willing to take steps to open those doors." The same principle aptly applies to the position of dalits in our country.

Our Supreme Court has held that "economic empowerment of the poor, in particular the Scheduled Castes and Scheduled Tribes, as is enjoined under Article 46, is a constitutional objective as basic human and fundamental right to enable the labourer, Scheduled Castes and Scheduled Tribes to raise their economic empowerment."

I see no reason why our Supreme Court which is far more progressive and poor-oriented than the USA's Supreme Court, will not reject similar challenge. But of course the overriding question still remains – is there a political will and determination in the Central and State Governments to take on the combined forces of Big Business.

I am convinced that it is not only jobs but business opportunities that need to be opened to Dalits, to make a real change in their social and economic set up.

Edited, printed , published owned by NAGARAJA.M.R. @  # LIG-2   No  761, HUDCO  FIRST  STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017  KARNATAKA  INDIA

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