The SC/ST (PoA) Act & Rules: Some Special Features

“Rights are real only if they are accompanied by remedies. It is no use giving rights if the aggrieved person has no legal remedy to which he can resort when his rights are invaded.”

Dr. B.R. Ambedkar

1.       Offences

Enlarges the area of criminal liability by identifying new types of offences, thereby including several acts of omission and commission not covered under either the IPC or PCR Act.

Protects SCs/STs from various kinds of relating to social disabilities, property, malicious persecution, political rights and economic exploitation.

2.       Victims and perpetrators

Defines an atrocity crime by sole reference to caste identification of the offender (non-SC/ST member) and the victim (SC/STmember).

3.       Investigations

Ensures  that investigating officers are police officers not below the rank of Deputy Superintendent  of  Police  with  experience  and  ability  accountability to investigate such cases.

Mandates the completion of police investigations within 30 days occurrence of the atrocity.

Prohibit  grant  of anticipatory  bail to  persons accused of offences under the Act.

4.       Judicial Process

Makes arrangements for setting up Special Courts and grants special powers to them to ensure speedy trials of atrocity  cases,  and  for  Special  Public Prosecutors to conduct the cases.

5.       Penal Action

Imposes  exemplary  punishment  at  a scale much higher than under the IPC for atrocities on SCs/STs, except for  the  offence  of rape. A public servant accused under the Act also has been made liable to a higher  minimum  punishment,  and  importantly neglect  of official duties has  been deemed punishable.

6.       Relief & Rehabilitation Measures

Provides legally justiciable rights to the victims of atrocities by way of  a scale  of  graded  financial assistance and provision of relief and rehabilitation, apart from travel and maintenance allowances  for  victims  and  witnesses  during investigation and trial, etc.

7.       National & State level Monitoring Mechanisms

Setting up SC/STProtection Cell at the State Headquarters under  the  charge  of  Director  /Inspector  General  of  Police  for  supervision  of various actions taken under the Act.

Appointing  (i)  Nodal  Officers  to  coordinate  the functioning of District Magistrates and Superintendents  of  Police  or  other  authorized officers,  and  (ii)  Special  Officers  at  the  district level  to  coordinate  with  the  District Magistrate, Superintendent of Police or other officers responsible for implementing the provisions of the Act.

Constituting State and District level Vigilance and Monitoring Committees for enhancing accountability and greater political supervision of the implementation of the Act.

Submitting annual report about measures taken for implementing the Act by the State Government to the Central Government.

Authorising the National Commission for Scheduled Castes (NCSC) & National Commission for Scheduled Tribes (NCST):

(a)    to  investigate,  monitor  and  evaluate  the safeguards provided for SCs/STs;

(b)   to inquire into specific complaints by SCs/STs of rights violations;

8.       Preventive Measures

Implementing  a  range  of  preventive  measures, including:  preparing  a  model  contingency  plan; identifying  atrocity  prone  areas;  cancelling  arms licences  of  potential  offenders  under  the  Act; granting arms licences to SCs/STs as a means of self  defence;  setting  up  awareness  camps  in atrocity prone areas to educate SCs/STs about their rights.

Complaint against caste based racial discrimination.

To,

The Divisional Commissioner,

O/o the Divisional Commissioner,

5, Sham Nath Marg, New Delhi.

Sub.: Complaint against caste based racial discrimination.

Respected Sir,

This is to bring to your kind notice that I,Raghubir Singh Gadegawnlia R/o Jawala Puri, New Delhi-110087 and belonging to the Scheduled Caste category (Raigar). I had made a complaint against Mr. Anil Kumar Sharma, regarding illegally mentally harassment by misuse of influence of D C's office, threatening, bribe and atrocities on me.

Now I have decided to bring it to your kind notice that irregularity, injustice, malafide intentions and rampant naked caste based racial discrimination being practiced by the Investigation Team Officers of Revenue Department in the complaint investigation matter.

After my complaint, department has been setup an Investigation Team. Unfortunately in the Investigation Team Officers has been recruited from dominant powerful castes, so they are provided undue protection to Mr. Anil Kumar Sharma. How can I get the justice in such a situation? The investigation team cannot do to fair investigation. I cannot get justice from the investigation team Officers. In such cases the actual achievement of justice depends on the act of the honesty of officers. Today in the social life is the most basic class distinction is widespread between the dominant powerful castes and the powerless, poor dalit castes. Because I am a dalit complainant, so they can deprive from my justice right.

I hereby request to seeking justice, to stop the atrocious acts and the shameless crime against humanity.

Regards, 

(Raghubir Singh Gadegawnlia)

Only officers should inquire into SC/ST atrocity cases: SP

Superintendent of Police Dr A Subramanyeshwar Rao directed all police officers in the district not to handover cases under the SC/ST (Prevention of Atrocities) Act to Head Constables and Constables.

Addressing at an SC/ST grievance meet at the Police Guest House here on Sunday, Rao said that the police officers should directly conduct inquiry into such cases after visiting spots. “Cases under the same SC/ST (Prevention of Atrocities) Act will be booked against those police officials, who do not respond to the complaints of Dalits properly,” he warned. The SP instructed that police should treat SC/ST complainants fairly and ensure that their complaints are registered properly. “Treat all SC/ST complainants in the same manner you treat the rich,” he said adding that cops should introspect themselves as to how members of the SC/ST communities were treated in their police stations. Grievance meetings should be organised in all police stations on third Sundays of every month compulsorily. If the meeting was not conducted on the prescribed date due to any valid reason, the same should be conducted next day, Rao said. Initiative should be taken to create awareness on the provisions of SC/ST (Prevention of Atrocities) Act at the station-level grievance meetings, he added. Talking about cases related to tresspassing or encroachment on land belonging to Dalits, the SP said that such cases should also be considered under purview of the SC/ST (Prevention of Atrocities) Act. Police should register cases under the Act if prima facie offense was sighted in the complaint, he suggested. Action sought against SIs Karnataka Dalitha Sangharsha Samithi District Convener S P Ananda said that action should be taken against Sub Inspectors Chikkaswamy Gowda and Raghava Padil for allegedly torturing an Akashavani transmission executive Sudhakar, who is a Dalit. Ananda brought to the notice of SP that Uppinangadi Sub Inspector demanded Rs 1,000 bribe from a Dalit youth Vasanth for putting a stall at the annual festival ground. He said that the officer had threatened Vasanth and removed his stall forcefully. Explaining another complaint, Ananda said that the Kavoor Police detained Rajappa and his two-year-old child from morning till evening without any reason. Rajappa and his family were staying in a house constructed on government land for the past 20 years. However, the police harassed Rajappa without any complaints, he added. SP A S Rao assured that the police will conduct inquiry into all allegations and take necessary steps to ensure justice. Meanwhile, answering to a query with regard to the defamation complaint filed by former Mangalore University lecturer Umeshchandra against a Kannada daily Editor and Reporter, DySP S Girish said that the inquiry is in its final stage. “A chargesheet will be submitted before the court soon,” he added. Additional SP R Ramesh, DySPs B J Bhandary and C K Shashidhar were present. http://www.deccanherald.com/content/60723/only-officers-should-inquire-scst.html

Parents play safe, opt for schools in NCR/Mad rush for nursery seats begins in NCR

Hindustan Times, 21 Aug 2012

Parents play safe, opt for schools in NCR

Taking a cue from parents whose children had missed out on admission in reputed schools last year, more and more parents have begun looking at options in the National Capital Region (NCR) as a safe bet. With many of these schools coming out with forms this week, many parents are getting ready for a long admission season. In Delhi, the nursery admission season starts in December and goes on till March.
"I am keeping track of admission announcements in all Gurgaon schools. My brother's daughter was not able to get admission in any school in Delhi despite there being five good schools in our neighbourhood. I don't want the same to happen to my daughter. So I am also applying to schools in Gurgaon to raise the chances of her getting admission in a good school," said Shalini De, a housewife from Saket.
But the admission process in the NCR towns, however, is not as simple as it is in Delhi.
With no guidelines, schools employ any method of admission. So while one school may have a lottery system, another may be scheduling interactions with parents, and yet another may be following a self-styled points system.
The age criteria too is not fixed with some schools declaring the minimum age as three and other declaring three-and-half years.
"There is no uniformity in the selection process. For parents, this is a huge problem as parents will have to run around a lot to meet the different sets of requirements of each school. The governments of Uttar Pradesh and Haryana must recognise the need for guidelines and act accordingly," said Sumit Vohra, founder of admissionsnursery.com, a website that guides parents through the admission process.
Despite the lack of clarity, schools in NCR towns continue to be good options for parents in east and south Delhi. "I live in Mehrauli and sending my kid to a school in Gurgaon rather than one in Delhi made much more sense, and I am quite happy with my choice," said Abhinav Makhija, whose son goes to DPS Sushant Lok.
Branches of Delhi Public School, Amity International School and Shiv Nadar School in Noida, Gurgaon and Ghaziabad have already announced the schedule for their admission processes.
While Amity International is selling forms till August 23, Shiv Nadar School has not declared a last date so far. Scottish High International School in Gurgaon will start the registration from Thursday and has declared that the admission will be on a first-come-first-served basis
New Delhi, August 21, 2012

Just half-way through the school year, the admission process for next year has already begun for some.

Sale of forms for admission to nursery classes will start this week in many schools in Gurgaon, Noida and Ghaziabad. DPS Sushant Lok and Vasundhara, Amity International Schools in Noida and Gurgaon, Ardee School Gurgaon and Shiv Nadar School in Noida and Gurgaon are all set to steal a march over their rivals in the Capital, where the process starts only in December.With Delhi schools getting increasingly tough to crack, more and more parents are opting for reputed schools in the NCR where the competition is less fierce.

The NCR has one drawback though — the admission process here isn’t regulated like in Delhi. Therefore, a large number of NCR schools close admissions in October itself while others start the process only in January.

Parents play safe, opt for schools in NCR/Mad rush for nursery seats begins in NCR

Hindustan Times, 21 Aug 2012

Parents play safe, opt for schools in NCR

 

Taking a cue from parents whose children had missed out on admission in reputed schools last year, more and more parents have begun looking at options in the National Capital Region (NCR) as a safe bet. With many of these schools coming out with forms this week, many parents are getting ready for a long admission season. In Delhi, the nursery admission season starts in December and goes on till March.
"I am keeping track of admission announcements in all Gurgaon schools. My brother's daughter was not able to get admission in any school in Delhi despite there being five good schools in our neighbourhood. I don't want the same to happen to my daughter. So I am also applying to schools in Gurgaon to raise the chances of her getting admission in a good school," said Shalini De, a housewife from Saket.
But the admission process in the NCR towns, however, is not as simple as it is in Delhi.
With no guidelines, schools employ any method of admission. So while one school may have a lottery system, another may be scheduling interactions with parents, and yet another may be following a self-styled points system.
The age criteria too is not fixed with some schools declaring the minimum age as three and other declaring three-and-half years.
"There is no uniformity in the selection process. For parents, this is a huge problem as parents will have to run around a lot to meet the different sets of requirements of each school. The governments of Uttar Pradesh and Haryana must recognise the need for guidelines and act accordingly," said Sumit Vohra, founder of admissionsnursery.com, a website that guides parents through the admission process.
Despite the lack of clarity, schools in NCR towns continue to be good options for parents in east and south Delhi. "I live in Mehrauli and sending my kid to a school in Gurgaon rather than one in Delhi made much more sense, and I am quite happy with my choice," said Abhinav Makhija, whose son goes to DPS Sushant Lok.
Branches of Delhi Public School, Amity International School and Shiv Nadar School in Noida, Gurgaon and Ghaziabad have already announced the schedule for their admission processes.
While Amity International is selling forms till August 23, Shiv Nadar School has not declared a last date so far. Scottish High International School in Gurgaon will start the registration from Thursday and has declared that the admission will be on a first-come-first-served basis
New Delhi, August 21, 2012

Just half-way through the school year, the admission process for next year has already begun for some.

Sale of forms for admission to nursery classes will start this week in many schools in Gurgaon, Noida and Ghaziabad. DPS Sushant Lok and Vasundhara, Amity International Schools in Noida and Gurgaon, Ardee School Gurgaon and Shiv Nadar School in Noida and Gurgaon are all set to steal a march over their rivals in the Capital, where the process starts only in December.With Delhi schools getting increasingly tough to crack, more and more parents are opting for reputed schools in the NCR where the competition is less fierce.

The NCR has one drawback though — the admission process here isn’t regulated like in Delhi. Therefore, a large number of NCR schools close admissions in October itself while others start the process only in January.

25% RTE reservation rule sees shoddy performance in schools

Sumita Sarkar, TNN Aug 21, 2012, 03.57AM IST

NASHIK: The state's mandatory rule of 25% admission reservation for economically backward students in schools, under the Right to Education Act (RTE) has failed to garner satisfactory results. Education department officials have claimed that the poor implementation is due to a delay in receiving the notice. According to the Supreme Court's (SC) orders all schools, with the exception of unaided minority institutes, will have to reserve 25% of entry-level school admission seats with free and compulsory education for economically weaker section (EWS) and socially disadvantaged group (SDG) students in the age group of 6-14 years under the RTE Act."We informed the schools in June but none has been able to fill the stipulated target of 25%students," said education officer of the Nashik Municipal Corporation (NMC), Nitin Upasani. "We had advertised the RTE requirement in June in newspapers announcing that the 25% reservation rule was applicable in government, local authority schools and private schools ," said Upasani.He said that parents of students wanting to avail of the reservation were informed to give an application form to the NMC education department and one copy of the application to the school, but the department did not receive any applications. "Six schools in the city have admitted students of economically weaker sections this year," he said.School authorities of St Francis High School said that they have also tried to admit students of economically weaker and socially disadvantages sections even though the rule is not applicable to the school since it is a minority-run school. Father Diego Nunes, principal of Don Bosco School which has admitted the maximum number of EWS students in the city said that though they have not been able to reach the 25% target, they have tried their best."The rule was declared in December and we were notified about implementing it in June. School admissions begin in February-March. Next year, the picture will be better. In December, we will put up an advertisement in the newspapers through the government," said Upasani.

Compromise Agreement Format

 Compromise Agreement Format

THIS AGREEMENT of compromise made at __________ on this ____ day of ___________, 2012 between Mr. X son of _____________ resident of ___________________ (hereinafter called Party No. 1) of the ONE PART

                                                                   

                                                                         and 

Mr. Y son of ____________ resident of___________________ (hereinafter called Party No. 2) of the OTHER PART.

WHEREAS disputes and differences have arisen between the parties afore mentioned regarding _____________________.

AND WHEREAS the parties have agreed to settle their disputes and differences amicably between themselves without recourse to litigation and for that purpose are willing to abandon their claims in the manner hereinafter appearing.

NOW THIS DEED WITNESSETH THAT IT IS HEREBY AGREED AS FOLLOWS:

1.

2.

3.

4.

IN WITNESS WHEREOF, the parties have hereunto set and subscribed their respective hands, the day, month and year first above written.

Signed and delivered by the within named A                       Signed and delivered by the within named B

WITNESSES

1.

2.

Railway complaint performa

Performance for lodging complaint /Report by passengers in case of theft of their luggage, Robbery or dacoity in running train is as under: 

1. Name of complainant
2. Present address in full
3. Nearest Railway station to the permanent residence
4. Telephone No.
5. Date of occurrence
6. Place of Occurrence
7. Place, where the complainant detected the occurrence
8. Train No. and Name
9. Bogie No.
10. Class in which traveling (Put mark):
        A.C, I Class/AC Sleeper/I class/II class  2 Tier/3 tier/General II class
11. Ticket No.
12. Name of stations in between which occurrence took place
13. Particulars of property looted or stolen and estimate cost thereof
14. Brief particulars of the incident (Theft/Robbery/Dacoity)
15. Name of the person or persons suspected with descriptive roll name and address, if
      known.
            a) The station, where the suspect entrained.
            b) The station, where the suspect detrained.
            c) The station, where such suspect wanted to go.
16. Where you traveling with family.
17. Did the suspect show sympathy towards you to provide seat or place to sleep or advised to put box attached at certain particular place?
18. Addition information to be furnished about occurrence of robbery/dacoity.
    a) Approximate number of criminals and any other particular information about them
        i.e.. language and clothes worn etc.
    b) What type of arms were being carried.
    c) Approximate number of passengers, who were looted.
    d) The particulars of property looted from co-passengers.
    e) Did you inform the Railway Officials/the police escort accompanying the train about
        the incident and if so, did they help and take prompt action.
            i) Name of station where you informed the train guard/conductor/TTE attendant.
           ii) Did you inform train Guard/TTE or conductor of the train about the occurrence
               and if so also mention the name of the official concerned.
    f) Any other information relevant to the occurrence.

                                                                                                   Signature of the complainant. 

Report No. ________
Received on _______ at ________ hrs.                    Signature with Name & Designation
                                                                                of the official who received the report.

A Perfect Crime

What is a perfect crime? Law experts explain; it is that crime, which cannot be proved in the court of law and the accused convicted. That means, present procedure of law can work and prove the guilt only if the crime is not perfect. The corollary of this explanation is, if somebody commits a perfect crime the criminal can escape punishment and as our law says until and unless crime is proven the convict is innocent! That means a criminal committing a perfect crime can move about in the society as an innocent gentleman even after committing the crime. This is a very dangerous situation indeed.

To know more about this we shall see definition of crime in Indian Jurisprudence. Any act of violence of the law is called crime. Laws are set in it to guide people as to how to live and do their work in the Indian society under this government. These laws are very often different from the laws set in religions. In most religions a crime is called sin. Not all crimes are sins and not all sins are crimes and that makes a big difference in them.

To prove that violence of act or law has taken place law enforcing agency such as police shall have to present to the court acceptable proof, witness, or (indirect) evidence. Proof is direct evidence. That means if a crime committed so carefully that none of them is available, then court shall not accept the accusation that the crime has been committed and the person will be set free. Deeming that, the person is innocent. That means if some body committees a crime but takes every care so that none of these, proof, witness, or evidence, is available then that crime is called a perfect crime.

We often see that advocates advise their clients to forcibly threaten any eye witness and by that that proof they eliminate. Misinterpreting available proofs and evidences by indulging in arguments to show that the available proof or evidence is not valid to prove the crime. Many very simple procedures they use to do that. By these acts a pleader converts a provable crime into a non-provable one or in a way a perfect crime. A good advocate is one who knows well how to convert imperfect crime into a perfect one. Pleaders skill is judged from his ability to do this.

For example, in one case an eye witness was giving his information and in that the advocate asked him some such questions that he could not recall that information; from that the advocate suggested to the court that the eye witness is not reliable. Normally, an eye witness is not a very careful observer and so he always makes some intangible mistakes those mistakes are the points that advocate uses to prove that his evidence is not dependable. Inconsistency in reply is often the advantage to the advocate of the defender. By these methods shrewd pleader converts a watertight crime into a weak, non-provable one. That means, even if the crime is not originally perfect a clever advocate converts it into a perfect crime by his skills. While inspecting an eye witness our judiciary expects that the person is very intelligent and clever and all that, so he will always make perfect observation as if he knew that, that observation is going to be useful for a crime case. I think this expectation is very ridiculous. People are never very observant about things happening around them. They never know that a particular observation is of any use in a possible crime of which he has no idea. If people were that discreet to know of a possible crime in advance I am sure, observers will make really perfect observations but that is never the situation and so whatever evidence we collect through such eye witnesses are always challengeable. Therefore, all eye witness can be easily proved to be false; if the pleader is clever and knows how to baffle the witness. Most cases are lost due to this anomaly in law proceedings. Expecting too much accuracy in the eye witness’s statement is not correct, and the judiciary should use its jurisprudence or even common sense to properly interpreter the given evidence and come to conclusion. This if they do, many cases shall solve properly giving justice to the parties involved; as a matter of facts a good jurisprudence is expected to do that but at or courts this does not happen. May be, our judges are not having that prudence to exercise proper jurisprudence.

A crime is always due to some motive. To prove the motive should be the purpose of the proceedings and not go in superfluous details in which we see most cases get fixed. A crime case either criminal or civil can be very simple if we want to stick to the bear minimum arguments but that we do not see happen in most cases. We see advocates showing their oratory skills, one really not needed to bring justice to the victim. A lot of time is wasted it that. Sometimes we feel that our judiciary is not serious about the actual case and wastes most time in useless arguments showing oratory skills of advocates; Courtroom becomes an entertainment hall. Our Courts have become business houses. If time not wasted in all these gimmicks many cases can resolve pretty quickly.

Direct destruction of evidence by putting fire to a place such as recent fire at our Mantralay or proving the eye witness as not a normal person or maniac these are other methods pleaders ask their clients to accept so that the case becomes a perfect crime. In extreme state of affairs a witness is killed to make the crime perfect. This is similar to fire to destroy evidence.

You may contact me on my Email ID given below,

ashokkothare@gmail.com

Police a tool to keep ruling party in power’

New Delhi: The police is an instrument to keep the ruling political party in power and every party has done so, former Union Home Secretary GK Pillai said on Wednesday. 

"Any ruling party, irrespective of whether it is CPI-M, or DMK or AIADMK or Congress... anybody, the police is an instrument to keep the political party in power. Every party has used this," he said at a round table conference on Naxal insurgency. 

The retired IAS official also said that IPS officers fear punishment of being transferred. 

"Because police do a lot of activities which are outside the purview of law. You have property disputes, you have any number of issues, encroachment all these things are informally solved by the police in the country. Hundreds and thousands of cases are solved (by police). You don't go to the courts but they are solved by the police informally," he said. 
"Now what happens is in some cases the police did not do justice because the system has lacked justice. In some of the states, vested interests approach the police and therefore the police then become an arm of the vested interest to work the other way around...they are going to create more injustice...," Pillai said at the discussion on "Spatial issues and Maoist insurgency in India" organised by the Observer Research Foundation. 

"You don't have the rule of law because no IPS officer is willing to, well I say, take the punishment of being transferred, he said. 

"Police training is a punishment posting. In the IPS, any of IPS officers sent as principal or so of police training college...is a punishment posting," he said. 

Ex-IPS officer ML Kumawat, who had served as Special Secretary (Internal Security) in the Union Home Ministry, said the Maoists are spreading their tentacles in urban areas and state capitals as part of their "urban perspective plan". 

New Delhi: The police is an instrument to keep the ruling political party in power and every party has done so, former Union Home Secretary GK Pillai said on Wednesday. 

"Any ruling party, irrespective of whether it is CPI-M, or DMK or AIADMK or Congress... anybody, the police is an instrument to keep the political party in power. Every party has used this," he said at a round table conference on Naxal insurgency. 

The retired IAS official also said that IPS officers fear punishment of being transferred. 

"Because police do a lot of activities which are outside the purview of law. You have property disputes, you have any number of issues, encroachment all these things are informally solved by the police in the country. Hundreds and thousands of cases are solved (by police). You don't go to the courts but they are solved by the police informally," he said. 

"Now what happens is in some cases the police did not do justice because the system has lacked justice. In some of the states, vested interests approach the police and therefore the police then become an arm of the vested interest to work the other way around...they are going to create more injustice...," Pillai said at the discussion on "Spatial issues and Maoist insurgency in India" organised by the Observer Research Foundation. 

"You don't have the rule of law because no IPS officer is willing to, well I say, take the punishment of being transferred, he said. 

"Police training is a punishment posting. In the IPS, any of IPS officers sent as principal or so of police training college...is a punishment posting," he said. 

Ex-IPS officer ML Kumawat, who had served as Special Secretary (Internal Security) in the Union Home Ministry, said the Maoists are spreading their tentacles in urban areas and state capitals as part of their "urban perspective plan". 

Permission of CM, Govt. NCT of Delhi is hereby sought to prosecute Municipal Commissioners Delhi.

To,

 The Chief Minister,

Govt. NCT of Delhi,

New  Delhi.

Subject: Permission of CM, Govt. NCT of Delhi is hereby sought to prosecute Municipal Commissioners Delhi.

Dear Sir/Madam,

Your kind attention is invited to my RTI Application dated 5th April 2012 to Delhi Municipal Corporation, Delhi (to which there has been no response) and the Media News on water supply to Delhi. Copies are enclosed for kind perusal.

The larger public interest issue involved is supply water to the residents of Delhi by the Civic Body Delhi Municipal Corporation presently headed by Mr……………… and preceded by Mr. …………….

As you are well aware, water is life. It is basic necessity of life for survival. And, Right to Life is guaranteed by the Constitution of India. However, these IAS Bureaucrats heading DMC have done not enough to ensure uninterrupted 24x7 Hr supply of quality water to the citizens of Delhi unduly compelling them to use not-so-good quality underground water at higher cost using electric power to draw water by borewells. 

This is not a simple negligence of duty but criminal negligence of duty by Senior IAS Officers seriously affecting the lives of more than half-a-crore people.  

In view of the above, I hereby seek permission of Chief Minister, Govt of Delhi to prosecute Mr. ………………. and his predecessor Mr. …………. to prosecute them for affecting health and affecting Right to Life of Citizens to whom they have been duty bound to provide civic amenities and basic necessities of life - water.

In the event of no decision / no response / vague & evasive response on this plea seeking permission by the Chief Minister, Govt of Delhi within the SC stipulated period of 90 days, it shall be construed as deemed permission for prosecution which may kindly be noted.  

Awaiting positive expeditious response.

Regards,

xxxxxxxx

Corruption In Media Industry

we all know that now a days Media is the common place  where corruption is reaching at its height whether it is Print Media or Electronic Media. The most senior and renowned name of Media house and people are playing the role of middle man between Industrialist, Corporate House, Business class,Politicians and Goverment Ministers of states as well as Central.

You can find PR agency and  Media Houses in all Metro cities, they are running into profit and the people or owners are some where related to print media or electronic media houses. Example Nira Radia case in 2G scam proved us to beleive this fact.

As the Media and Media People are  very much powerfull, so nobody asked any question to them due to Scare.They had approach in every where even Police also scared from them. But The Question is whether Corruption in Media is acceptable ?

The Media is the Sixth Pillar of Democracy where the Country stands, country speak , a common man has power to speak but again the question arised whether our Journalist, Reporter, stringer,Senior Jouranlist are serving or taking Responsibilities with honesty ?

we all know the people pay for telecasting the News and few are paying to stop the News in both case Media is benefitted. it happens specially in Elections . Channel earns in Crores during election time Top Ten Channels get the most of the Share, it is same in Print media also. Even a Reporter or Sringers of small town or city earns in Lakhs for covering news, programmes, political campaign.

Do you all think it is salary they get ? no it is the  Corruption ? They misguide the Voters, they confused the Voter, they tried to give benefit to their paid clients means the Politicians. The most popular programme they made to earn is REPORT CARD of Individuals leaders where they telecast or print the achievements and draw back of Individuals.

Some times they work in pressure of Goverment and some times pressure from Owner of Channel and some times from Big Bosses by which the Real and actual Journalism gone out from their work.Even they had been forced to complete target to earn more  and generate profit for channel.

Now you decide why is Media Corrupt ?

The war against Corruption was going on at Delhi Jantar Mantar the response of Public was excellent, the place was fully occupied but the Role of Media was in Questionable becoz in starting of three days they made a negative stories on this movement and pubic support, they had not telecasted 24 hour on all days of Ansan live from the Jantar Mantar.

Why it so ? Pressure or Payment ?

But last year when this media had played a responsible role in this movement the entire country was envolved in this movement. first time this type of Revolution was going on this Country after J.P.Movement it is telecasted 24 hours in all channels although Many Political Parties had supported this movement for Janlokpal Bill for their own interest. The diffrence of Media role can be understandable for a lay man also, if we compare with this year coverage done by media.

Even when Anna Team decided to make a Political party this media made a negative stories,take a negative reaction and opinions of supporters and leaders of other parties specially the congress.They made an opinion pole on Channels unfortunatly it comes positive sms from Viwers ans supporters of Anna Ji.   

The trend of Paid News has changed the Real sense of Journalism and Reporting for both print and electronic media. The Competetion between Channels for number One position is untolerable, every one is running for Exclusive News,every one tried to prove himself as number one channel, every one is running for higher earnings and profit.

These are the reasons why Corruption has started in Media Industies.

Congress spends crores of Rupees on Media to focus Rahul Ghandhi, to claim he is perfect for prime Ministerial position, not only that Media made BJP and Modi a non secular.

It is better if being a Journalist you understand your  Role and Responsibilities for the Country,Society,Religion and very important The DEMOCRACY.

Jai Hind Jai Bharat.   

Regards :- BAGI BALLIA                  

Left out of nursery list, EWS parents cling to hope

MONDAY, FEBRUARY 14, 2011

Left out of nursery list, EWS parents cling to hope

Dharmendra Singh has one dream — to see his three-year-old daughter Lakshita attend an “English-medium school”. The recent pre-school admission result, however, has threatened to shatter it. He had applied for her admission under the Economically Weaker Section (EWS) category at five private unaided schools in his neighbourhood, Jwalapuri, but none of the final lists had his daughter’s name, leaving him thoroughly disappointed.

“I am a security guard. I am poor. My parents could not afford education for me but I want my daughter to speak English and become somebody in life,” he says. “I do not know what these schools do to select children but I am not happy with the method.”

Private unaided schools in the Capital conducted a draw of lots to select students for the 25 per cent seats reserved for the EWS category. Under the Right to Education (RTE) Act, schools have to reserve at least 25 per cent of the total number of seats for the EWS. For the general category, schools went with the 100-point system adopted in earlier years. For the EWS seats, the schools resorted to random selection.

There are many like Singh. Options are few for them, since many schools say there is very little possibility of a second list of selected candidates for the EWS section being released. Principals maintain that “there is small chance of selected candidates in the EWS section dropping out”.

Some parents have even alleged foul play on the part of the schools. Raghubir Singh, also from the Jwalapuri JJ cluster, said, “Some schools did not even let us enter the school on the day of the draw of lots. I think the schools had already made up their minds about the children they wanted to admit.”

While parents in the general category, whose wards did not get through a school this year, can allow their child to continue in the playschool, EWS parents have no such options available. “All I can do is hope for another list,” said Amit Malhotra, another parent. “I will apply to a government school. What else can I do?”

THE ALL INDIA RAIGAR MAHASABHA {REGD.}

TUESDAY, MAY 10, 2011

THE ALL INDIA RAIGAR MAHASABHA {REGD.}

THE ALL INDIA RAIGAR MAHASABHA {REGD.}

SHRI GANGAMAI MANDIR, GANGA NAGAR, NEAR KEVDAJI KI CHALI,
THAKKARBAPANAGAR AREA, AHMEDABAD. PIN- 382350. GUJRAT

September 20, 2009

To,

The Hon’ble Chief Minister,

Government of Gujarat,

Gandhinagar.

Dear Sir,

Sub: Representation to include Raigar/Jatia Caste as Schedule Caste
in Gujarat State under Article 341 of the Constitution of India

The All India Raigar Mahasabha forwards the present representation to your goodselves with a belief that the Raigar/Jatia community may be declared as Schedule Caste in the State of Gujarat in terms of Article 341 of the Constitution of India.

Brief History:

The Raigar, Raiger, Rehgar or Regar, spelt in various forms, is a community of leather tanners. They are also known as Jatia. The word “Raigar” is a corrupt form of Raingaya, i.e. those who engage themselves in leather tanning. The Raigar community embraces its origin in 7-8th century and since then marked their presence in Rajasthan. They migrated from the erstwhile State of Rajputana (now known as “Rajasthan”) to different parts of India in the drought poised to earn their livelihood way back in 19^th and 20^th century to various states including the State of Gujarat from Rajasthan. They converse among themselves in Marwari and use the Devanagari and Gujrati script for writing.

Subgroups/ Gotras:

There are three subgroups, namely Raigar and Jatia. Marriages take place among all the three. These subgroups are further divided into about 450 numbers of clans (gotras), such as Bandarwal, Dhuriya, Jajoria, Kankheria, Rachoiya, Mauria, Jaggarwal, Atolia, Jaluthria, Dotania, Devatwal, Sablania, Jatolia, Sunwasia, Balotia, Khatnavalia, Chorotia Bakolia, Fulwaria, Singhadia, Nogia, Kurdia, Khorwal, Bansiwal, Barolia, Dolia, Bora, Gusaiwal, Sonkaria, Tongaria, etc…

Occupation:

The traditional occupation of the Raigars is the tanning of hides and skins and the colouring of leather. Some of them have now started making shoes, chappals, pagarkhis/jutis. A tiny section of Raigars community has taken up other occupations, like service, tailoring, masonry, labour and jute bag repairing. The Raigars are a landless community.

Religion:

They are Hindus and worship Bhagwan Ravidas, Lord Shiva, Ramdevpir, Hanuman, Bhairo and Ganesha etc. Women take part in social, ritual and religious festivals and fairs like Holi, Diwali, Dussehra, Teej, Gangore, and Ramdeojee ka Mela. They profess Hinduism and worship Shankar, Lakshmi, Durga, Hanuman and Ganesh. Sacred specialists are from their own community. Their sacred centres are Hardwar, Gangaji, Lohagar, Triveni, Gaya, Siddhpur, Chanod etc.

Indian society historically had a rigid, occupation-based, hierarchical caste system in which the relative place of a caste in the social hierarchy was determined largely by its traditional occupation. In particular, those performing 'unclean' or supposedly 'polluting' tasks viz. Raigar came to be regarded not merely as 'low' castes but as untouchables which has resulted in great injustice to the members of the concerned castes because they were discriminated against in every respect, and denied ownership of productive assets like land, as well as basic rights like education and equality, which resulted in perpetuation of extreme socio-economic deprivation of members of Raigar community in addition to other depressed classes.

Social Status:

The Raigar community, since long, has been a “depressed community” and witnessing extreme social, educational and economic backwardness arising out of the traditional practice. Since their migration into the State of Gujarat and rendering their services in building the state of Gujarat, the social, educational and economic condition of an average/common Raigar is miserable. They are unable to send their children for education in higher classes.

STATISTICS:

Though the Survey reports and other statistics related to Raigar community must be available with the government, a general statistical data is produced hereunder just to throw light on the miserable position of this weaker section of the society.

Particulars	Statistical data
Population of Raigars in the State of Gujarat	35,000 (approx.)
Economic status – Per capital income of the members of this community	Rs. 1,000/- – Rs. 1,200/- per month
People below Poverty line (BPL)	Most of them
Educational status - Literacy Rate	10% approx. as against the average of Schedule Caste lying at around 67% as per the Annual Report for 2008-09 of Department of Social Welfare.
Representation of SC/ST in State Government service	Negligible – Maximum 10-15 persons out of 35,000
Social security	Not in good shape.

Status in various other states

:

This depressed community has been declared by the Union of India, State Government of Rajasthan, Haryana, Punjab, Himachal Pradesh and Madhya Pradesh, Union Territory of Chandigarh and Delhi. Copies of the relevant notifications issued by the aforementioned Union of India and various States are enclosed herewith as annexure “A” and “B” for your kind perusal.

Status of earlier Representations made to State Government :

The Raigar Panchayat Samiti, Gujarat state, Ahmedabad made several representations to the Government of Gujarat to include the Raigar/Jatia caste in the Schedule Caste List. A copy of the said representation made to the Government of Gujarat is annexed herewith for your kind perusal and ready reference as annexure “C”. After considering the representations, the Department of Social Welfare, Govt. of Gujarat, vide Letter No. F. No. S.C.05/1098/M-28/H dated 28^thOctober 1998 directed to conduct the survey of the population and the status of Raigar(s) community residing in the state of Gujarat.

Pursuant to the aforementioned directions, the Research Officer of the Department of Social Welfare conducted a door-to-door survey at Ahmedabad, Vadodara, Surat, Deesa, Gandhidham, Jamnagar etc. A copy of the said Survey Report which is available with the Government shows that Raigar are living in pathetic condition in the State of Gujarat.

The statistics and the Survey Report of the Government would reveal clear picture regarding the socio-economic, educational backwardness, in-adequate representation and unequal status of this depressed, despicable and helpless fraction of the society.

Since the Raigars are not getting any benefit of the Government Schemes meant for economically and socially backward persons, as the community of Raigars are not incorporated in the Notification declaring them as member of Schedule Caste issued by the state of Gujarat despite the fact that the said community has been declared by the Union of India, State Government of Rajasthan, Haryana, Punjab, Himachal Pradesh and Madhya Pradesh Union Territory of Chandigarh and Delhi.

Since the community of Raigars has not been notified as Schedule Caste by the State of Gujarat, we are forwarding the present representation so that this depressed class may be declared as Schedule Caste in terms of Article 341 of the Constitution of India and be given the apposite support so that this weaker section may be able to fight with social and economic backwardness in which they are living.

The status of Scheduled Caste should be granted to the Raigar/ Jatia community to ensure the advancement of these socially and educationally backward citizens and providing them a fair opportunity to bring them at par with other segments of the community. The provision of Scheduled Caste status should be and must be adopted to advance the prospects of this weaker section of the society. Reservations should be granted to ensure the advancement of these socially and educationally backward citizens to make them equal with other segments of the community. Reservation should be and must be adopted to advance the prospects of the weaker sections of society.

Also, Dr. Ambedkar in the Constituent Assembly has regarding equality said that “… We must begin by acknowledging the facts that there is complete absence of two things in India society. One of these is equality. On the social plane, we have in India society based on the principle of graded inequality which means elevation for some and degradation for others. On the economic plane, we have a society in which there are some who have immense wealth as many who live in abject poverty”.

Further, Dr Rajendra Prasad at the concluding address of the Constituent Assembly stated that “… To all we give the assurance that it will be our Endeavour to end poverty and squalor, and its companions hunger and disease to abolish distinction and exploitation and to ensure decent conditions of living. We are embarking on a great task. We hope that in this we shall have the unstinted service and cooperation of all our people and the sympathy and support of all the Communities”.

The link between “caste” and its “occupation” is an unbreakable bondage to which the cast system has condemned the backward classes. Whether a backward caste man carries on his traditional occupation or not, he continues to be socially identified with the said occupation. The link between the caste and the occupation has not been served for thousands of years and it cannot be broken by arguments and theories. The ground reality is that every caste in every village is identified by its traditional occupation. It is pointed out, for example, that throughout the country in 6.5 lakh villages, it is a barber communities carry traditional occupation of hair cuttings and no other community has taken up the said occupation.

The Constitution never prohibits the practice of caste and castism. Every activity in Hindu society from cradle to grave is carried solely on the basis of one’s caste. Even after death, a Hindu is not allowed to cremate in the crematorium which is maintained for the exclusive use of the other caste or community. Dalits are not permitted to be buried in graves or cremated in crematoriums where upper caste people bury or cremate their dead. Christians have their own graveyards. Muslims are not allowed to be buried in the Hindu Crematoriums and vice-versa. Thus, caste rules the roost in the life of a Hindu and even after his death. In such circumstances, it is entirely fallacious to advance this argument on the ground that the Constitution has prohibited the use of caste.

The Constitution of India provides several special safeguards for the Scheduled Castes, so as to ensure that they are able to attain equality with the other social groups in the shortest possible time. These safeguards enable reservation in Government jobs, elections to the Lok Sabha and State Legislative Assemblies etc.

Moreover, another leading authority in the field of social class theory also identifies caste with hereditary status. He attempts to tie his interpretation with the situation in India a procedure not often followed by the other sociologists. He writes thus,

“Caste as unchangeable status:- the feudal order approximated to a caste system. When status is wholly predetermined so that men are born to their lot in life without hope of changing it then class takes the extreme form of caste. This is the situation in Hindu society.” Every Hindu necessarily belongs to the caste of his parents and in that caste he inevitably remains. No accumulation of wealth and no exercise of talents can alter his caste status and marriage outside his caste is prohibited or severely discouraged. Caste is a complete barrier to the mobility of class.”

Constitutional footing:

Article 341 of the Constitution of India, define as to who would be Schedule Castes & Scheduled Tribes with respect to any state or Union Territory. The relevant Constitutional articles are quoted below:-

“341 (1) The president may with respect to any State or Union Territory and where it is a State after consultation with the Governor thereof, by public notification specify the castes races or tribes or parts of or groups within castes races or tribes which shall for the purposes of his Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory as the case may be.”

“341 (2) The President may with respect to any State or Union Territory and where it is a State after consultation with the Governor thereof by public notification specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purpose of this Constitution be deemed to be Schedule Tribes in relation to that State or Union Territory, as the case may be”.

The object to declare a particular caste as schedule caste under Article 341 of the Constitution of India is to provide additional protection to the members of the scheduled caste having regard to social and educational backwardness which they have suffered for considerable length of time. The determination of the caste would depend upon several factors, including customary law. As Raigar community is socially and educationally backward due to having their poor background and involved in traditional business.

The Supreme Court of India has also observed in Akhil Bhartiya Soshit Karmachari Sangh v/s. Union of India reported in AIR 1981 SC 298 that “there are sufficient indications in the Constitution that the Scheduled Castes are not mere castes. They may be something less or something more and the time badge is not the fact that the members belong to caste but the circumstances that they belong to an indescribably backward human group.”

The Preamble of the Constitution resolves to constitute the country into a secular democratic republic securing therein to all its citizens, in furtherance to justice, social economic and political liberty of thought, expression and belief, faith and worship; Equality of status and opportunity and to promote among all fraternity, assuring dignity of an individual. To achieve this ideal and objective, the Constitution, while guaranteeing the right to equality before law (Article 14), prohibiting discrimination (Article 15) and ensuring equality of opportunity in the matter of public employment (Article 16) as Fundamental Rights, also enjoins on the State to strive to promote the Welfare of the people by securing and protecting, as effectively as it may, a social order in which justice, social, economic and political, shall inform all the institutions of the national life [Article 38(1)], and “in particular strive to minimize the inequalities in income and endeavour to eliminate inequalities in Status, facilities and opportunities” [Article 38(2)].

Further, Article 46 states that “the State shall promote with special care, the educational and economic interests of the weaker sections of the people and in particular, of Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation”. Thus, special status has been assigned and certain safeguards have been provided to them in the Constitution.

Thus, the object is not only noble and action bona fide keeping with the avowed policy of the State in striving for building up a socialistic pattern of society but also keeping with the directive principles laid down in the Constitution. There is a reasonable nexus between the classification and the object in view, that it is in the consonance with the directive principles of the Constitution without offending the Fundamental Rights enshrined under it.

The Supreme Court of India further observed in Akhil Bhartiya Shoshit Karmachari Sangh (supra) that “……the Constitution provides not merely for adequate representation of Scheduled Castes and Scheduled Tribes to services and posts under the Union and States, but also provides for reservation of Scheduled Castes and Scheduled Tribes in the Legislatures. It is beyond any doubt that the founding fathers have assigned to them a special place and shown towards them special concern and charged the State with special mandates to redeem these handicapped human sectors from their grossly retarded situation. Indeed, they are not merely backward but are the backward most and cannot be equated with just any other caste in the Hindu fold.”

Equality clauses contained in Articles 14, 15 and 16 of the Constitution of India may in certain situations have to be considered as the basic structure/features of the Constitution of India. The Constitution of India professes to bring the socially and educationally backward people to the forefront. Only for the purpose of invoking the equality clause, the makers of the Constitution thought of protective discrimination and affirmative action. Such recourse to protective discrimination and affirmative action had been thought of to do away with social disparities. So long as social disparities among groups of people are patent and one class of citizens in spite of best efforts cannot effectively avail equality of opportunity due to social and economic handicaps, the policy of affirmative action must receive the appropriate attention. Thus, affirmative action in essence and spirit involves classification of people as backward class of citizens and those who are not backward class of citizens.

The grant of this social status to the Raigar/ Jatia Community as Scheduled Caste by your goodselves would entitle them for a preferential treatment by the State and play a vital role in ensuring the implementation of Constitutional safeguards in the matters like entry into public services and public sector enterprises, award of scholarships, admission to educational institutions including technical and medical colleges, allotment of lands, contesting elections to State Vidhan Sabha, Municipal Corporations, Gram Panchayats etc. to this despicable and helpless community.

Sociological conditions of the Raigar/ Jatia community prevailing in the State of Gujarat, thus, demands leverage to be advanced to them by the State and a provision of preference to this class which is embedded in our constitutional scheme vide Art. 14, 15, 16, so that the members of this Community may be able to combat their degraded and subservient position, come to the forefront and join hands in the overall development of the State.

Sir, since most of the members of this depressed class are earning their livelihood with occupation in leather tanning and allied sector and since without any aid and facilitation from the Government of Gujarat, and further due to lack of education, the members of this down trodden class of society are confronting terrible and horrifying days, which is making it difficult for a member of this helpless community to sufficiently earn and manage bread and butter for two times a day; more so in the times when the whole State of Gujarat is rejoicing the golden period as “Vibrant Gujarat”.

This despicable and helpless community, thus, looks forward with high hopes towards your goodselves to provide an opportunity of overall upliftment by according it a status of Scheduled Caste, so that this weaker section may gain a respectable socio-educational-economic status in the society and be an active part of the dream coming true being Vibrant Gujarat in its true sense.

Jai Hind.

Yours Faithfully

On behalf of The All India Raigar Mahasabha

Laduram Gusaiwal Mishrilal Sunwasia

Udaram Baroliya Tarachand Fulwadia

Baluram Jajoria Bhanwarlal Singhadia

Jagannath Chordia Devendra kumar Kurdia

Gopilal Kurdia Bharatkumar Gusaiwal

Punamchand Sunwasiya Manoharlal Bakoliya

Ramchandra Gusaiwal Nandkishore Fulwaria

Jagadish Devatwal Dashrath Bhatt

Revatram Khorwal Shrinarayan Devatwal

Girdharilal Dolia Khemaram Balotia

Durgaram Singhadia Hariram Bansiwal

Girdharilal Changeriwal Asulal Kurdia

Copy to:- for similar necessary action -

1. The Hon’ble Minister, Social Justice and Empowerment, Govt. of Gujrat, Ghandhinagar.
2. The Hon’ble Chairman, National Commission of Scheduled Caste, New Delhi.
3. The Hon’ble Leader of Opposition, Legislative Assembly,Govt. of Gujrat, Gandhinagar.
4. The Hon’ble Chief Secretary, Govt. of Gujrat, Ghandhinagar.
5. The Hon’ble Minister, Social Justice and Empowerment, Govt. of India, New Delhi.
6. Shri Lal Krishna Advani, Hon’ble Member of Parliament, Gandhinagar.
7. Shri Harin Pathak, Hon’ble Member of Parliament, Ahmedabad.