Saturday, May 8, 2010

[ZESTCaste] Yadav trio forces Govt to consider caste census

 

http://ibnlive.in.com/news/yadav-trio-forces-govt-to-consider-caste-census/114831-37-64.html

Yadav trio forces Govt to consider caste census
Sumit Pande, CNN-IBN

Posted on May 07, 2010 at 23:55 | Updated May 08, 2010 at 00:01

New Delhi: India may now have it's first caste based data in a census
after 1931 after the Government on Friday indicated that it's bowing
to pressure from the OBC lobby. But the Government insisted that there
could be practical problems in getting caste-based data in the 2011
census.

After successfully stalling the Women's Reservation Bill, the Yadav
trio of Mulayam Singh Yadav, Lalu Prasad and Sharad Yadav are
extracting another promise from the Government- to count the backward
classes as well during the ongoing decennial census after MPs cutting
across party lines pressed for enumeration on caste lines in the Lok
Sabha on Friday.

Prime Minister Manmohan Singh promised to look into the demand.

"We will take the view of the House into consideration before
proceeding on the issue. The Cabinet will take the call," said Singh.

Census in India is conducted by an Act of Parliament and the data
collected forms the basis for the formulation of various welfare
schemes. It is also the benchmark for deciding the quantum of
reservations for various backward communities.

The decennial census since Independence has enumerated population only
under three categories - schedule castes, schedule tribe and the other
class. But now a separate other backward caste or OBC category is
likely to be included.

The enumerators though may not be asked to list specific caste of a
citizen like Brahmin, Rajput etc.

With Government conceding to their demand, the OBC leadership was
effusive in their praise for the Prime Minister to the extent that
they allowed introduction of the contentious Nuclear Liability Bill in
the Lok Sabha.

"We are grateful to the Prime Minister and the Leader of the House,"
said JD(U) leader Sharad Yadav.

"We thank the Prime Minister and all the people who have demanded it,"
said Mulayam.

It's an issue over which major differences have existed even within
the Government. The final decision though will be taken by the Union
Cabinet.

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[ZESTCaste] SC seal on UPSC quota rule

http://www.telegraphindia.com/1100508/jsp/nation/story_12425487.jsp

SC seal on UPSC quota rule

OUR LEGAL CORRESPONDENT
New Delhi, May 7: The Supreme Court today upheld a UPSC rule that
allows reserved category civil service candidates on the merit list —
those who don't avail of the quotas — to migrate to the reserved pool
to get a better service cadre.

Several candidates who had cleared the test on the basis of quotas had
challenged the 2004 rule, saying it hurt their standing. Others had
objected to the UPSC giving them at the time of service selection an
option given up in the exam.

A five-judge bench headed by outgoing Chief Justice K.G. Balakrishnan
set aside a Madras High Court ruling striking down the provision and
upheld its validity. The rule had governed recruitment from 2005 to
2007.

The UPSC conducts an all India test every year to make recruitment to
the three All-India Services (IAS, IFS, IPS), fifteen Group 'A'
Services and three Group 'B' officers in various government
departments.

Under the rule, candidates belonging to the SCs, STs or OBCs may be
adjusted at time of service allocation against reserved vacancies by
the government if they get a service of higher choice in the order of
preference. This was done by the UPSC to maintain inter se merit
between reserved category candidates.

In the absence of such an arrangement, those reserved category
students who did not exercise the option of availing the concession
would get inferior cadres than those who had taken the benefit.

A few OBC candidates had filed applications before the Central
Administrative Tribunal, Madras, challenging the option, introduced
through an amendment by the UPSC. They contended that such migration
had knocked them out of the list.


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[ZESTCaste] State UPSC topper had failed his exam twice

http://timesofindia.indiatimes.com/city/mumbai/State-UPSC-topper-had-failed-his-exam-twice/articleshow/5904849.cms

State UPSC topper had failed his exam twice
Hemali Chhapia, TNN, May 8, 2010, 01.45am IST

MUMBAI: May 23 was probably more important for 25-year-old Anay
Dwivedi than Tuesday the 6th when the UPSC results were declared. For,
towards the end of this month, the Nepean Sea Road resident was ready
to take the civil service exam yet again — this would be his fourth
shot at the gruelling test. But as John Lennon would have said, life
is what happens while we are busy making other plans.

"I filled the form for the fourth attempt and was all set to take the
prelims. As twice before, I qualified in the written exam but was not
selected after the interview. After my engineering, I took my Common
Admission Test too and was shortlisted for the interview round. But
ever since I was a child, I knew I wanted to be a civil servant like
my dad. Everything else was a back-up plan," said this elated
all-India rank five, which also makes him the Maharashtra topper.

Friends nudged him to take up a job "and stop wasting time" after his
engineering at Sardar Patel Engineering College. "But this is what I
wanted; so I studied, studied and studied all day long." To get
additional help in excelling in his subjects — psychology and public
administration — Anay went to Delhi and signed himself under two
private tutors. This time during his interview, Anay tackled questions
with deft — from views on China and Afghanistan to farmers' suicide
and Bt cotton.

According to statistics from the State Institute for Administrative
Careers, Maharashtra saw 75 students selected from 875 candidates who
took the Union Public Service Commission exam. "We are again
witnessing more selections from our state," said SIAC director S G
Gupta. Purna Dharmadhikari, head, Chanakya Mandal, an institute that
coaches students for the UPSC, said that in 1986, he was the only one
from Maharashtra to clear the exam. "But now, there are many more
candidates taking the UPSC. Also, the study material is now available
in marathi, allowing a larger section of candidates to appear for the
test."

Maharashtra has two rankers in the top-25 slot. At all-India rank 23,
stands Rajiv Raushan (30); he took history and Sanskrit as his
optional subjects. Nashik's Nitin Yeola, at rank 106 is third in the
state.

Following him is Prerna Deshbhratar, rank 113, who also always wanted
to be an IAS officer. She had taken the UPSC earlier, but had been
selected for IRS. Despite being posted in Faridabad, Prerna did not
give up her desire to pursue an IAS, so she sat for it again "This is
a highly competitive exam and you can't predict your performance, but
it feels real good to have finally made it," said the 27-year-old
daughter of an IPS officer. IPS was Prerna's second option, but the
work profile for administrative services interests her the most.

Thirty-two-year-old Chhaya Burudekar, an OBC candidate, from
Jogeshwari, stood 265th in the all-India list, but she is not happy
with her performance, and will be taking the UPSC exam again this
year. "I'll probably end up getting into the Indian Police Service,
but I want to take up IAS. So I'll be taking the exam again," she
said. Burudekar who has a seven-year-old daughter now has been taking
the UPSC exam since the last three years and next time, will be her
last attempt. Her parents, who have not had the opportunity to even
complete their schooling, said they were extremely proud of their
daughter.

hemali.chhapia@timesgroup.com


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[ZESTCaste] Caste could torpedo count

http://www.hindustantimes.com/Caste-could-torpedo-count/Article1-540807.aspx

Caste could torpedo count
Aloke Tikku, Hindustan Times

New Delhi, May 08, 2010
First Published: 00:41 IST(8/5/2010)
Last Updated: 00:45 IST(8/5/2010)

If the 2011 census includes a question on caste, prominent OBC leaders
in Parliament can pat their backs for succeeding where even the
National Advisory Council headed by UPA chairperson Sonia Gandhi
failed five years ago.

The NAC had raised the issue of a caste-based census in April 2005.
But it did not persist after India's census commissioner emphasised
that the caste census was not only very difficult due to the
complexities involved but could also jeopardise the integrity of the
population count.

Home Minister P. Chidambaram told the Lok Sabha on Friday that the
ministry of social justice had pushed for incorporating a question on
caste for the 2001 census. The NDA government, however, also decided
against it on the advice of the then census commissioner.

"The operational difficulties involved are far too many and we
apprehend that if it is insisted upon, they may jeopardise the
integrity of the population count per se," an internal note sent by
the census commissioner's office to the home ministry said.

There are fears that inclusion of caste would prompt people to project
higher numbers and put the neutrality of enumerators under severe
stress.

Besides, there are practical difficulties. For one, census enumerators
in 2001 — tasked to put a number to the 1,885 Scheduled Caste and
Scheduled Tribes — ended up with more than 18,000 entries. Many of
these were surnames, clan names and even names of non-SC/ST
communities. "Classifying and grouping them under the appropriate
SC/ST category was a huge task," a source said.

"Now imagine what will happen if we have to deal with nearly 6,000
castes, sub-castes, sub-groups and synonyms," a senior government
asked.

"We will end up with names of nearly 1 lakh castes and sub-castes as
people use their clan, other caste names and surnames
interchangeably," he said.


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[ZESTCaste] SC upholds UPSC ban on double reservation benefit

 

http://timesofindia.indiatimes.com/india/SC-upholds-UPSC-ban-on-double-reservation-benefit/articleshow/5905223.cms

SC upholds UPSC ban on double reservation benefit
TNN, May 8, 2010, 03.30am IST

NEW DELHI: The SC on Friday upheld the validity of a civil services
examination (CSE) rule virtually stopping double quota benefit for
reserved category candidates who qualify on merit after competing
under general quota.

A bench comprising Chief Justice K G Balakrishnan and Justices S H
Kapadia, R V Raveendran, B Sudershan Reddy and P Sathasivam quashed a
Madras High Court order which had termed the CSE rule 16(2) as
unconstitutional. Rule 16(2) provides an opportunity to reserved
category candidates, who rank among the general category, to fall back
on their backward class status and improve their service choice.
The improved service so availed by the reserved category candidate
would then be counted against the quota posts specified for that
service.

For example, if a reserved category candidate secures a rank in
general category that fetches him Indian Revenue Services, then he
could avail his backward status to improve his service and even get
IAS.

Under Rule 16(2), the IRS post so vacated by the candidate by falling
back on his SC, ST or OBC status, would then be offered to a general
category candidate next in the waiting list. The HC had termed Rule
16(2) as unconstitutional as it was detrimental to the intention of
socially affirmative action provided under the law.

Challenging this judgment, the Centre and a host of petitioners termed
the HC ruling anomalous. Appearing for one of the petitioners,
advocate Anirudh Sharma had argued that it would amount to giving
reservation over and above the specified percentage of posts reserved
for SCs, STs and OBCs. The SC had on June 1, 2008, stayed the HC
judgment.

Writing the unanimous verdict for the five-judge bench, CJI
Balakrishnan said, "Candidates who avail the benefit of Rule 16(2) and
are adjusted in the reserved category should be counted as part of the
reserved pool for the purpose of computing the aggregate
reservations."

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[ZESTCaste] Merit candidates can migrate to reserved category in civil services: court

http://beta.thehindu.com/news/article424719.ece

Published: May 8, 2010 01:25 IST | Updated: May 8, 2010 01:25 IST New
Delhi, May 8, 2010

Merit candidates can migrate to reserved category in civil services: court
J. Venkatesan

The Supreme Court on Friday held that candidates in the 'Meritorious
Reserved Category' (MRC) selected on merit and placed in the
'general/unreserved category' in the Central Civil Services
Examination could be given a choice to opt for a service of higher
preference in terms of Rule 16 (2) of the CSE Rules.

This rule says: "While making service allocation, candidates belonging
to SC/ST or OBCs recommended against unreserved candidates may be
adjusted against reserved vacancies by the government if by this
process they get a service of higher choice in the order of their
preference."

A Constitution Bench of Chief Justice K.G. Balakrishnan and Justices
S.H. Kapadia, R.V. Raveendran, B. Sudershan Reddy and P. Sathasivam
said: "The reserved candidates belonging to the OBC/SC/ST categories
who are selected on merit and placed in the list of general/unreserved
category can choose to migrate to the respective reserved category at
the time of allocation of services. Such migration as envisaged under
Rule 16 (2) is not inconsistent with Rule 16 (1) or Articles 14, 16
(4) and 335 of the Constitution."

The Centre appealed against a Madras High Court judgment holding ultra
vires and unconstitutional Rule 16 (2) and directing it to rework
service allocation dehors Rule 16 (2). Certain writ petitions were
also filed. The Supreme Court stayed the judgment and referred the
matter to a larger Bench.

Now, the CJI, writing the judgment, said: "MRC candidates who avail
themselves of the benefit of Rule 16 (2) and are adjusted in the
reserved category should be counted as part of the reserved pool for
the purpose of computing the aggregate reservation quotas. The seats
vacated by MRC candidates in the general pool will be offered to
general category candidates."

Two classes
The Bench said: "By operation of Rule 16 (2), the reserved status of
an MRC candidate is protected so that his/her better performance does
not deny him/her the chance to be allotted to a more preferred
service. The amended Rule 16 (2) only seeks to recognise the inter se
merit between two classes — (a) meritorious reserved category
candidates and (b) relatively low ranked reserved category candidates
— for the purpose of allocation to the various Civil Services with due
regard for the preferences indicated by them."

The Bench said: "When MRC candidates are put in the general list on
their own merit they do not automatically relinquish their reserved
status. By operation of Rule 16 (2) the reserved status of an MRC
candidate is protected so that his/her better performance does not
deny such candidate the chance to be allotted to a more preferred
service."


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[ZESTCaste] Inheritance of loss

http://timesofindia.indiatimes.com/india/Inheritance-of-loss-/articleshow/5906354.cms

Inheritance of loss

Rajiv Deshpande, TOI Crest, May 8, 2010, 11.57am IST

Under British official Herbert Rislay, the census of 1901 saw castes
scrambling for "upgradation" to upper castes. This saw a flood of
representations with middle castes claiming higher status, a process
that continued till 1932, the last census to include caste.

Poona Pact: Mahatma Gandhi went on fast to oppose separate electorates
for untouchables fearing this would divide Hindu society. An agreement
between Gandhi and B R Ambedkar saw a compromise over reservation of
seats for untouchables within seats allocated to the general
electorate in September, 1932.

In early post-Independence India, the major mobilisation was around an
upper caste leadership which patronised Dalit and minority groups. In
the south, the Justice party transformed into the anti-Brahmin ,
anti-Hindi DMK. In Karnataka, Devraj Urs's land-to-the-tiller
programme broke the monopoly of dominant castes.

Much later, in the late '80s, V P Singh's bid to ward off the
challenge posed by Devi Lal saw him announce implementation of Mandal
Commission quota reccomendations. This gave a boost to leaders like
Mulayam Singh Yadav and Lalu Prasad. A Dalit revolution saw Kanshi Ram
and Mayawati emerge as icons.

By the late '90s, the processes of the early 20th century were turned
upside down. There was a race for 'backward' status. Jats in Rajasthan
were given OBC status even as Meenas and Gujjars clashed over the
latter's demand for ST status and a sub-quota .

The 2011 census was preceded by demands for a "caste" count as OBC
leaders claimed backwards were more than 50 per cent of the
population. They feel such an official count will help breach the 50
per cent cap on reservations currently imposed by the Supreme Court.


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[ZESTCaste] Dalits can't enter homes for votes

http://timesofindia.indiatimes.com/City/Bangalore/Dalits-cant-enter-homes-for-votes/articleshow/5905340.cms

Dalits can't enter homes for votes
Senthalir S, TNN, May 8, 2010, 04.04am IST

BANGALORE: The IT capital boasts of a cosmopolitan culture, but what
can it say of caste contours a doorstep away? Rural Bangalore is
carrying the vestiges of timeless caste — this time in the gram
panchayat election campaign that has inequality ingrained in it.

This stark reality hits you at Anekal taluk, 40km from IT ethos —
dalits are not allowed inside the houses of non-dalits for many
reasons but also for the gram panchayat election campaign. The
experience is literal: dalits stand at a fair distance from the homes
of non-dalits to talk to them about elections.

Take the case of T M Gopal, a dalit candidate contesting from Praja
Rajakiya Vedike for Tyavakanahalli in Handenahalli gram panchayat of
Anekal taluk. He has been campaigning for the last one-week in
Tyavanahalli, S Medahalli and Sultanpalya villages coming under
Handenahalli gram panchayat.

''It is easy to enter dalits' houses and discuss my agenda for the
village with them. But we are not allowed to enter the houses of
non-dalits. We stand outside and ask for their vote,'' said Gopal. All
the candidates from dalit community have similar experience during
campaigns.

There are 12 candidates in the fray in Handenahalli gram panchayat. Of
them, 6 are contesting for the reserved seat, 4 in general category
and 2 for backward category seats.


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[ZESTCaste] 2 weeks on, dalits of Mirchpur fear going back home

http://timesofindia.indiatimes.com/india/2-weeks-on-dalits-of-Mirchpur-fear-going-back-home/articleshow/5905239.cms

2 weeks on, dalits of Mirchpur fear going back home
Nandita Sengupta, TNN, May 8, 2010, 03.34am IST

MIRCHPUR: Two weeks since the arson that killed two and destroyed 18
houses, fear stalks dalits in this village in Haryana's Hisar
district, chasing them out, abandoning their homes. The majority has
fled.

Some are camping at the deputy commissioner's office at Hisar
demanding a separate rehabilitation colony away from Jat supremacy, a
handful of oldies stays put in their burnt-down quarters.

A truck loaded with household goods readies to move out of the
village. Anywhere but here, says Krishna, in her 50s, her
weather-beaten face set in despair. "I don't want to leave my home, we
built it after so much hardship," she says. Her husband barks out to
her to simply shut up and get going, refusing to divulge their
destination.

The fear is palpable in the quiet around the dalit sections, snorting
pigs the only sound. "Kyun hamare sath hi aisa hota hai baar baar?"
asks a young man, holding up the remains of a TV set. Immediately
after the incident, every young woman and child was packed off. "It
was the first thing ensured," says Sunil Pal Valmiki, of Bharatiya
Dalit Jan Mahasabha. If there were further attacks, women would bear
the brunt is the collective wisdom. In an incident three years ago,
five dalits were paraded naked.

No government representative has come to tell the attacked community
how things can unfold. Even in Hisar's deputy commissioner's office,
where a group of about 100 have staged a protest under limp banners,
it's been silence from the authorities.

Interestingly, while the nation awaits some semblance of justice for
the attacked and penalty for the attackers, the reality unfolds on
somewhat different lines. Things apparently wouldn't have spiraled
into a big hullabaloo had Rahul Gandhi not visited. He 'complicated'
matters. It 'spoilt the case,' says Pal. "Ab tak thanda hojata. Ab
aage nikal gaya." The general view is that caste atrocity is almost a
ritual. Attack, compensate, make-peace only to ensure the arrested are
freed.

Gandhi's visit 'worsened' meant some heads had to roll. "Had the khap
sympathized with the dalits the very day of the attack, the agitation
wouldn't have taken place. Agitation karne mein to ye sabse aage hai,"
says Pal. "Peace," he says, is the only way ahead.

Currently, a list of 105 names of Jats who formed the mob has been
sent to the authorities. The khap panchayat has extended an olive
branch — "their focus now is to ensure freedom of the arrested and
cancellation of the 105 names," says Pal. That seems to be the main
issue.

The dalits have several advisors, a layer of activists pulling at
them. One lot tells Hisar's camping families to return, "They're
dependent on Jats. If they go into a separate colony, they'll be
sitting ducks," says Pal. But the activists want no compensation.
"Jitna dalit garibi se free ho rahe hain, utna gaali galoj maar peeth
hota rehta hai," says Sudesh Kumari, of Jan Sangharsh Samiti.

The protesting dalits have reached the point of 'Enough', they say.
"Jat ke paas power hai. Paisa, population, rajniti. But we too have a
power. The power of bhookh, garibi, aur vote dalne ka power," says
Virendra Rana, 26, as he squats next to Kamla Devi.

But with each passing day, the voices are falling silent, belying the
hectic negotiations going on between Jat panchayats, the
administration and dalits too: activists turned mediators.

The administration on its part is mute spectator. Ask deputy
commissioner O P Sheoran, also a Jat, and he'll rattle off a list of
'compensation': money, jobs, quintals of wheat and other materials.
What more can dalits want? What about justice and rehabilitation?
"That's a policy decision, what can I say?" smiles Sheoran.


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[ZESTCaste] Where Is Brahmeshwar Singh 'The Great'?

http://www.countercurrents.org/gatade070510.htm

Where Is Brahmeshwar Singh 'The Great'?

By Subhash Gatade

07 May, 2010
Countercurrents.org

Myth of the Misuse of Laws meant for the protection of dalits and tribals

Whether the laws supposedly meant for the protection of dalits and
tribals are put to misuse ?

It is a theme which recurrs regularly in the discussions engaged in by
the chattering classes of the country. While nobody can deny that
frivolous cases are not filed under this act the manner in which the
issue gets raised creates an impression that the only 'use' of this
law is its 'misuse.' Neither the polity nor the articulate sections of
our society seem ready to go for a reality check. In fact, as a marker
of these classes 'sensitivities' towards this delicate issue, even Ms
Mayawati in her earlier incarnations as Chief Minister of UP had
cautioned the police about its 'misuse'. She is also reported to have
issued G.O.s (government orders) to use this law only in cases of
rapes and murders of the dalits.

The issue also came up for discussion in the parliament recently when
a member raised query dealing with the theme. As reported in a section
of the press, while replying to this query the minister for social
justice and empowerment Mr Napoleon told the house that there were
6,564 false cases in 2008 across India under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, called the PoA
Act. It is widely known that this Act provides for a sentence of up to
five years for atrocity committed or humiliation heaped on a Dalit,
and provides for the setting up of special courts for trial of cases.
(Hindustan Times, 27 th April 2010)

A break up of the figures cited by the said minister is quite
revealing. Of these, 2287 false cases came from one state: Rajasthan.
Andhra Pradesh followed at 1,577 false cases. Uttar Pradesh, the state
with the largest Dalit population (21 per cent of the state's 160-70
million and which stood at no. one as regards cases of atrocities
against these sections are concerned), was third with 843 false cases.
Punjab - the state with the highest proportion of SCs at 29 per cent
of the population - has had just 52 false cases registered and last
and not the list Delhi is the last in the list with three cases in
2008.

A quick analysis of these figures shows that around 75 per cent of the
cases have been reported from three states only. What does the
marginal presence or near absence of other states in this breakup
tells us ? Madhya Pradesh, which happens to be the state which has
'consistenly stood at no. 2 as regards atrocities against dalits are
concerned' does not even find a mention the newspaper report. Of
course, it does not mean that there were no false cases from the
state. The point is that there is no uniformity in the no of false
cases registered and nor are they directly proportional to the actual
situation of dalit atrocities as it exists in the particular state.
Gross generalisations would be too simplistic in the case.

Secondly, the discussion around the alleged misuse of this act has
another negative fallout. The question of more objective analysis of
its implementation does not receive the prominence it deserves.

Take the recent case of Mirchpur ( district Hissar, Haryana) where the
dominant castes ( namely the Jats) attacked the houses of the Valmikis
in a preplanned and premediated manner and burnt them with the
district administration especially the police personnel turning a
blind eye to this gory act. (21 st April 2010) A handicapped girl
Suman and her father Tarachand also died in the arson. A few of the
arsonists were arrested by the police, but neither the S.H.O. or the
Tehsildar, who were mute witness to this act were touched. As the
issue snowballed into a major embarassment for the Congress government
at the centre with the parliament in session, then only the infamous
S.H.O. and the Tehsildar were put behind bars.

It is clear to even a layperson that despite the PoA act making it
mandatory (article 4), to take action against the government officials
for dereliction of duty, it required Ms Sonia Gandhi's strong
disapproval over the turn of events and Rahul Gandhi making a trip to
the village, to take this step.

Any close watcher of the human rights situation in Haryana would vouch
that this case is no exception. In fact Haryana has been witness to n
number of attacks on dalits in the outgoing decade, many of which
reached national headlines. People can narrate you incidents after
incidents where an unholy alliance between a callous polity, inhuman
law and order machinery and desensitized civil society has made the
life of dignity for the dalits a challenging task in itself.

One still remembers the forcible expulsion of 250 Dalits from
Harsoula, District Kaithal, Haryana (February 2003). The local
landowning people, mainly the Jats, objected to the Dalits celebrating
Ravidas Jayanti. And the ensuing fight culminated in the forcible
expulsion of dalits from the village, with the police once again
turning into mute spectators.

Ms Sonia Gandhi, the then leader of the opposition, had even raised
the issue in the parliament also. She had lambasted the then Chautala
government - a partner in the NDA then - for its failure to provide
security and safety to the dalits. It has been more than six years
that Congress itself wields power in the state but dalits from
Harsoula are still condemned to live outside their ancestaral village,
somehow managing their lives in Kaithal and other places.

These days there is much talk about 'Internally Displaced Persons' the
world over. One does not know whether Dalits from Harsoula could be
included in the list. In fact one can find many villages in Haryana
similarly emptied of their dalit population under one pretext or the
other by the local dominant castes. One also comes across a village
named 'Devipuniya' in the state which came up when dalits from a
village were similarly expelled from their village when Devi Lal
happened to be the Chief Minister and P.L. Puniya, happened to be a
well-known dalit leader. As of now a majority of the dalits in
Mirchpur, who are camping in Hissar town are also contemplating
leaving the village for good and shifting to a new location.

The National Human Rights Commission documents the state specific
situation in very many ways. According to it evey year six dalits are
killed, twenty four dalit women are raped and 51 houses of the dalits
are set on fire in Haryana. ( Year 2002) Looking at the travails and
tribulations faced by the dalits at various levels most of which go
unreported it can be construed that the figures presented by NHRC are
just the tip of the iceberg. This is also evident from the no of cases
registered under SC and ST ( Prevention of Atocities) Act 1989. While
the no of cases registered were mere 32 in 1998, the figures shot up
to 43 by the year 2003.

Apart from growing landlessness and continued denial of basic human
rights the most disturbing thing is that social and political
visibility of dalits is minimal. It hardly makes any difference that
they are around one fifth of the total population of the state (19.8%)
Contrast looks much sharper if one looks at neighbouring UP where
Dalits are today the main fulcrum of the state politics.

Gohana, a town around 75 kms away from Delhi, had witnessed an
organised attack on the dalit (Valmiki) basti led by the son of the
local BJP MP ( 31 August 2005) had culminated in the burning down of
around 50—60 houses of the dalits. The attack was a fallout of the
death of a Jat youth in a scuffle with the dalit boys. The caste
council ( Khap Panchayat) of the Jats had played a very dubious role
in the whole affair. Here also the police which was in good strength
did not act to stop the arsonists. Later it patted itself on the back
as 'no lives were lost'.

We had rushed to Gohana (4 th September 2005) as part of a fact
finding team - comprising of writers, journalists, social activists -
to get first hand details...Haunted houses, barren faces, fear still
lurking in their eyes...only some old people or relatives of the
inhabitants were visible there who were roaming there. None of those
photographs which we had taken convey that people residing in those
houses themselves undertook all that exercise supposedly to get
compensation (as the experienced officers of the CBI 'discovered' in
their enquiry later).

Making an editorial comment about the growing dalit atrocities in the
state some time back, 'The Tribune' ( 30 th August 2007) had
underlined how the state seems to be least bothered about the security
and safety of the lives and properties of the dalits. According to it,
most of the times their houses come under attack, they are looted and
burnt and the administration becomes active only when the damage is
done. It also emphasised the fact that the dalits are neither properly
represented in the police and administration nor is any special drive
conducted to cover the backlog.

The developments in Mirchpur bear witness to the fact that despite the
prodding by the media there is no difference on the ground level
situation. And denial of human rights to the dalits (and the tribals)
is a 'national phenomenon'.

Recently the Supreme Court also expressed concern over the fact that
in most of the cases of violence against dalits, even the necessary
investigations are not completed in stipulated time. It also asked the
Solicitor General Mr Gopal Subramaniam to give concrete suggestions to
the courts so that necessary orders are passed for effective
implementation of law. ( Hindustan, 5 May 2010, SC-ST mamlon kee
jaanch mein deri par chinta)

According to the courts, it is mandatory that such investigations are
completed within three month period when cases are lodged against
SC-ST act, 1989, by an officer not below the rank of DySP. The courts
observed that in many cases the investigations linger on for more than
three years which results in cases further getting delayed for years
together. In a strong indictment of the functioning of the state
machinery, when it comes to providing justice to the dalits, it said
that in many of the states have not even bothered to establish special
courts for speedy trials of these cases. The delay in completing
necessary investigations, the absence of proper witnesses apart from
many contingent factors results in acquittals of the accused in 75
percent of the cases.The Supreme Court bench concluded that delay in
investigations results in denial of justice to the dalits which in
fact defeats the whole purpose of the law itself.

A much quoted detailed and systematic study of 400 judgements about
cases filed under PoA act in different courts of Gujarat corroborates
the observations of the Supreme Courts. The painstaking study done by
Mr. Vajibhai Patel, Secretary of Council for Social Justice, who was
once a pillar of the Dalit Panther movement in the state, tells us
that utterly negligent police investigation at both the higher and
lower levels coupled with a distinctly hostile role played by the
public prosecutors is the main reason for the collapse of cases filed
under the atrocities act. It is worth noting that he has meticulously
documented these judgements delivered under this act since April 1,
1995 in the Special Atrocity Courts set up in 16 districts of the
state. The study also blasts the common perception is that the
inefficacy of this law is due to false complaints being lodged or
compromises between the parties, in actuality it is a complicit State
that has rendered the Act toothless.

A writeup in the 'Communalism Combat' ( March 2005) by Teesta Setalvad
had presented in a nutshell the main findings of the study :

# In over 95 per cent of the cases, acquittals have resulted due to
technical lapses by the investigation and prosecution, and in the
remaining five per cent, court directives are being flouted by the
government. Often while crimes under the IPC against the accused have
been proved, offences under the Atrocities Act have not, suggesting a
systemic bias against recording and establishing crimes under this
law.

# As a result of the attitude of the state police and the state public
prosecutors, those accused under the Act for criminal acts like murder
(for which life imprisonment is the sentence) and rape are being
allowed to go scot-free.

# Numerous judgements of the special courts set up under the
Atrocities Act in Gujarat — which due to lapses in investigation and
prosecution, have led to the acquittals of the accused —have passed
strictures against the negligence demonstrated by both the police and
the public prosecutors and even summoned time-bound 'action taken'
reports. Often policemen have even resorted to giving false evidence
to protect the accused while prosecutors have attempted to mislead the
courts by arguing that the provisions of the Atrocities Act are not
mandatory.

# Under section 4 of the Atrocities Act, "Whoever, being a public
servant but not being a member of a Scheduled Caste or a Scheduled
Tribe wilfully neglects duties required to be performed by him under
this Act, shall be punished with imprisonment for a term which shall
not be less than six months but which may extend to one year." In 95
per cent of the judgements studied by the CSJ, courts have passed
strictures against errant police officials invoking provisions of
section 4 under the Atrocities Act, but the government of Gujarat,
instead of taking action against the erring officers, has honoured
them with promotions.

The discussion around the alleged misuse of this act would remain
incomplete if one leaves out the recent conviction in the case of
Bathani Tola massacre. The Ara court in Bihar recently convicted 23
people for the massacre of 21 dalits at Bathani Tola in Bhojpur in
1996.

The carnage occured on July 11, 1996 when marauders of the Ranvir Sena
( a private militia of the upper caste landlords) stormed the hamlet
in Bhojpur's Sahar block and hacked to death 21 dalits. A majority of
the people killed were women, teenage girls and babies less than ten
months old. However much on the lines of the April 7 verdict in the
1997 Laxmanpur-Bathe massacre case, Ranvir Sena supremo Brahmeshwar
Singh "Mukhiya" the prime accused, has been pronounced an "absconder"
by the police. It is a different matter that this dangerous criminal
has been languishing in Ara jail since 2002.

Expressing his clear disapproval of the way in which the Mukhiya
continues to be a non-FIR accused the Special Public Prosecutor told
the reporter "This clearly shows that both the police and the
government are not interested in ensuring that justice is meted out."
(The Hindu, 7 th May 2010) The only explanation offered by the SP
about this strange situation was that Brahmeshwar Singh did not stand
trial as "certain court proceedings initiated against him were yet to
be completed."

Anyone familiar with the pace with which courts deal with cases before
them and the tremendous burden they already have would tell you that
it can take decades for the "certain court proceedings" to be
completed and a day can arrive when with all the witnesses to the case
dead Brahmeshwar Singh 'The Great' may emerge from the jail unscathed
and would be happy to 'express full faith in the wisdom of the
judiciary'.


Contact : subhash.gatade@gmail.com


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