Spreading the light of humanity & freedom
Editorial : 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.
Nagaraja. M. R .
- VIOLATION OF HUMAN RIGHTS OF DALITS
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.
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.
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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 in private 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 of dalits 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.