DR. UDIT RAJ (NORTH WEST DELHI): Hon’ble Deputy Speaker, Sir, under 20-point Programme, Dalits in Delhi were allotted housing plots and agricultural lands. Now 38 years have passed but they have not been given bhoomidhari rights which means that they cannot claim their right. In some of the places what happened is that their plots have been converted into parks and village land. As on date, they are not in a position to develop their land because they are in fear that any time it can be taken back by the Government. So I would like to state that this case is already 38 years old, they are already in possession and are cultivating on it.
The law says that 12 years of continuous possession gives the right of ownership. But till today, they have not been given the right of ownership. Most of these people are Dalits, poor, OBCs & backwards. They live in rural areas of Delhi. They have been fighting for it but yet the issue has not been sorted out. So, I urge upon the Government that they should be given bhoomidhari rights. Today, they do not have the title rights though they are using it. This is what, I wanted to say.
DR. UDIT RAJ (NORTH WEST DELHI): Madam Speaker, I wish to draw the attention of the Government through you on an important issue. People belonging to Scheduled Caste and Scheduled Tribe communities have come to Delhi from all over the country, but their reservation status is denied here while the Supreme court had ordered for it in 2005. This was held in the Supreme Court also. In February, 2013, the Attorney-General had also opined that they will be given reservation even if they come and produce a certificate. Subsequently, the Government of NCT has issued the order in May, 2013. Despite this, they are being denied reservation.
Recently MCD has recruited teachers. Its result was declared on 5th December. They are denied reservation. In Education Department Assistant Teachers were also denied reservation. Education departmental assistant teachers were also denied reservation. Madam, through you, I request the Minister for Urban Development or LG that the orders which are already in place should be implemented and the people belonging to SC and ST communities, particularly those coming from Rajasthan, should be given reservation in State Government.
DR. UDIT RAJ (NORTH WEST DELHI): Hon’ble Speaker, the All India Institute of Medical Sciences is a reputed body in the country. It is a premier institution. But this premier institution is also known for flouting the norms of reservation policy. It has also flouted the service rules. Various Committees have given recommendations to follow the system of rotation of Heads. Yet, AIIMS has not followed the recommendations of Committees like Javed Chowdhury Committee and Vaidyanathan Committee. Parliamentary Committee also held the same opinion. In 2003, 164 recruitments were made in AIIMS where the reservation policy was not followed. The High Court interrened, yet AIIMS has not followed rules in respect of giving them seniority and the roster system. So, I urge the Hon’ble Minister through you that in the name of autonomy, though the Government has limited interference, it is not that they should flout the rules and victimize downtrodden or those who are children of lesser God.
DR. UDIT RAJ (NORTH WEST DELHI): Dy. Speaker Sir, thank you so much for giving me this opportunity to speak about the Scheduled Castes and Scheduled Tribe Component Plan. In every Budget, budgetary allocation is made under the Head ‘Special Component Plan and Tribal Sub-Plan.’ However, the budget amount is already less than what it should be, as per the philosophy of Special Component Plan and Tribal Sub-Plan, but through you, I want to urge upon the Hon. Finance Minister that in the next year’s Budget, there should be a mechanism so that budgetary alloctions under these heads, which are transferred to the States, should be properly utilized.
DR. UDIT RAJ (NORTH WEST DELHI): Hon’ble Speaker, through you, I want to draw the attention of the Human Resource Development Minister on a very important issue. I want to raise the issue of the people who are even today deprived of the opportunity of education. Had there been no reservation, their condition would have continued to be worse. It is because of reservation in politics and Govt. jobs that their condition has improved to a certain extent. Jamia Milia University is a National University but in the year 2011, this University had denied admission on the basis of reservation. In the year 2014, the University denied reservation in teaching jobs . Is the Jamia Milia University not getting grant from the Consolidated Fund of India? Are they not receiving tax payers’ money? The University gave reservation to minority community which is a good thing. Reservation has been denied to SC/ST candidates. Through you I want to impress upon the Government to consider this matter seriously. In the whole of the country, there are a few Women Universities. Jamia Milia is a good University. Earlier, SC/ST candidates were getting reservation but now what is the reason that the same has been denied to them. The same pattern has been observed by me in Aligarh Muslim University. I would earnestly appeal that this matter should be seriously considered. I am grateful to you, Madam for giving me an opportunity to speak on the issue.
Dr. Udit Raj (North west Delhi): In the Union budget, a substantial amount of money is allocated under the head ‘Scheduled Caste Sub Plan and Tribal Sub Plan’. There is no effective mechanism to monitor proper utilization of this money in different states. It is a well known fact that State governments have been diverting these the funds to other areas. It is not clear whether the government is going to transfer the money to the State Governments or UTs as was done in the past or some more effective system will be introduced. It has also come to my notes some of the notice that some of State Governments are indulging in anti SC/ST activities. I, therefore, urge upon the Government to ensure proper utilization of funds under the said head.
Dr. Udit Raj (North west Delhi): Hon’ble Speaker, participation of SC/ST people in MSME sector is minimal. Earlier it used to be 11 to 12% but now it is reduced to nearly 9% and it is further going down day by day when actually the number of registered MSMEs is just 7% . Through you, I want to know from the MSME Minister that something should be done for this situation. Most of the SC/ST entrepreneurs are in the Apparel and Leather industries and other unclean and unhygienic professions for which even registration is not done. I sincerely urge the Government through you to increase their percentage.
Dr. Udit Raj (North west Delhi): Hon’ble Speaker : I would request you to kindly give me a little more time because I have not heard anyone speaking about revenue management, boosting of revenue collection and expenditure management. I am a tax administrator. Everybody wants to get some concessions from the Finance Minister and State Finance Minister. We have to consider as to how we shall generate expenditure of Rs. 16.8 lakh crore while the collection is just Rs.11.8 lakh crore. How the Government will arrange funds for different Projects? We have to make a payment of Rs.4.1 lakh crore towards interest and what is left with us is very meagre. An opinion has been built in the country whereby both politicians and bureaucrats are being branded as villains. Administrators are complaining of harassment and everybody is accusing politicians. This is not the right environment.
I was Additional Commissioner Income Tax. I had observed that there was serious revenue leakage. If revenue is managed properly then not only the fiscal deficit can be bridged but the entire funds can be managed properly. There is another aspect. I would like to highlight the issue of management of funds. Scheduled Caste Component Plan and Scheduled Tribe Sub Plan funds are diverted under other heads . I would particularly take the case of Orissa. The SC/ST Plan budgets earmarked for different States are diverted for construction of Bridges, Hospitals and Commonwealth games. There is a team of 40 people in HRD Ministry for monitoring the funds of the Ministry. In the same way, I urge the Finance Minister through you for constitution of a Committee for monitoring allocation of SC/ST funds. Secondly, for all the Central Govt. schemes for which funds are given by it, proper monitoring should be done.
Dr. Udit Raj (North west Delhi): Hon’ble Speaker, people of different castes from all over the country are living in Delhi. There is a considerable population of three main castes of people from Tamil Nadu – Pallan, Adi Dravid and Arudhatiar who had come and settled down in Delhi nearly fifty years back. In some cases, caste certificates were issued by Delhi Govt. but in many cases, caste certificates were not issued. When these people apply to Delhi Administration for the issue of caste certificates, the matter is taken up with the Tamil Nadu Administration and a lot of time is wasted in getting the requisite documents/confirmation. Many times, no reply comes as a result of which these people are deprived of reservation and SC/ST seats remain vacant when actually the candidates are available. It is mainly the State Governments which are responsible for creating this situation who know fully well that these candidates belong to SC/ST community. I want to know from the Hon’ble Minister as to what is the remedy for rectifying this situation.
This is not a question of inclusion or exclusion from the list as per Articles 341 and 342 of the Constituion. It is a little different. Through you, I want to draw the kind attention of the Hon’ble Minister for the intervention of RGI . I am fully aware of the role of Commission in it. Fake certificates have become a big issue in the whole of the country particularly for the scheduled caste candidates. The issues relating to fake caste certificates are pending in courts for more than 15 to 20 years and by the time the cases are decided, the employees get retired. I want to know from the Hon’ble Minister as to what is the remedy for this situation
Dr. Udit Raj (North west Delhi): Hon’ble speaker, I am raising a very important issue and would like to draw the attention of the Hon’ble Minister about schools in villages and particularly primary schools where there is virtually no teaching. Quality of teachers is very poor as compared to the quality of teaching in public schools. One of the reasons for this situation is that even when scholarships are given, the same are given late. I, therefore, request that scholarships should be given right from the stage of admission for which joint account may be opened in Principal’s name and disbursement may be made every three months so that he students may complete their studies without any distraction. The other point is that SC parents whose income is more than Rs. 2 lakh, their children are not getting scholarships while the income limit for OBC parents is Rs 6 lakh. It is requested that the same limit may be fixed in the case of SC people also. It has also come to my notice that different funds allocated for education of SC/ST people are not properly spent. Last year, 3% grant was given by the UGC because the UGC had earlier not utilized this fund.
Dr. Udit Raj (North west Delhi): Hon’ble speaker, on the 19th March 2015 some upper caste people forcibly made a youth to drink urine in Krishna Giri District of Tamil Nadu. I had demanded in the Lok Sabha that the culprits should be brought to book. On this, Members of AIADMK headed by Sushree Jayalalitha, did not allow me to speak on the issue.
Thank you, Madam Speaker, for giving the opportunity to raise this question. Madam, in our country, companies are very reluctant to appoint women and Dalits in top positions. In Germany, the Chancellor has made it compulsory that 30% of those appointed to top positions be women. In our country, there is a mental block that companies will run into losses if women and Dalits are appointed; whereas it is the custom in countries such as Germany, USA etc. Around 150 years back, around 150 of African American origin were serving as Chief Executives in top companies in the US. When American companies release their annual reports, they declare percentage of women, blacks, Hispanics etc. employed by the company. Madam Speaker, through you, I request the Minister of Finance that companies be sensitized that if women and Scheduled Castes are appointed as Directors, then companies will not run into losses; but when women and Scheduled Castes undergo skill upgradation, the company will start doing better. A recent report concluded that companies with women directors are better performing. Companies should be sensitized in this regard. I thank the Government for taking positive steps in this regard.
Madam Speaker, through you, I wish to bring to the attention of the Government to allegations of violations in reservation policy in appointment of teaching and non-teaching staff in National Institute of Technology, Delhi, an Institute of National Importance. I wish to ask the Minister of Human Resource Development for the total list of staff – both teaching and non-teaching staff appointed by NIT Delhi till date, recruitment advertisements released by the Institute till date for both regular and contract staff and category of all applied and successful candidates who have been appointed till date, either as regular staff or on contract basis, by the Institute, and notifications issued in this regard under the seal of Selection Committee appointed by the Institute. Madam Speaker, through you, I would also like to bring to the attention of the Government that there has been several changes from number of advertised posts and final number of selected candidates, as can be seen from data available with me.
In recruitment notice for non-teaching posts number 05/2014, it has been brought to my attention that out of 20 posts advertised, none of the posts have been reserved for SCs and STs. I wish to inform the Hon’ble Minister for HRD that prima facie there appears to have been violations in reservation policies by the Institute, which leads me to believe that cases of favoritism and nepotism may be continuing unexamined in appointment of staff at the Institute. Madam Speaker, I am pained by a reply received by a petitioner to a query under the Right to Information Act, where it has been stated by the PIO of the Institute that recruitment guidelines of the Institute are available on Google, and hence they are unable to provide the petitioner with a copy of the same. Madam Speaker, through you, I request the Government to take action both against the Chairman and Director of the Institute, if allegations of misdemeanor are proven true after a thorough investigation, and request that the PIO be censured under applicable guidelines of the Right to Information Act, 2005.
Madam Speaker, I would like to thank you for giving me time to speak on this issue. Today we are discussing about demand for grants by the Ministry of Human Resource Development. The grants that are given by Parliament are often mis-utilized or under-utilized. The Hon’ble Minister is trying to correct this. In Delhi University, funds meant for OBCs were diverted by the Vice Chancellor; similarly, out of SCP funds meant for welfare of SC students, in 2013 – 14 only 3% of funds were utilized and 97% was not spent. This is a common occurrence. The Minister has also expressed concern about Kendriya Vidyalayas; we have to build up and improve the system we have inherited. In Kendriya Vidyalaya, many rules and guidelines were violated in transfers and postings. I want to request the Government and the Minister that an educational system be evolved, where students not only get educated, but also become aware of their social and moral obligations. Our schools, colleges and universities could not even educate students about the importance of cleanliness. Our education system has failed so miserably in this regard that the Prime Minister had to take up this issue; this is why we need to drastically change our education system
Madam Speaker, through you, I would like to draw the attention of the Hon’ble Minister of Human Resource Development towards the expulsion of students from IIT, Roorkee due to failure to meet a CGPA criteria which was not imposed on students at the time of admission. Subsequently, parents of admitted students were asked sign a form stating the Institute could expel students having below 4.5 GPA, a declaration not valid for students above the age of 18 as they are permitted to enter into agreements on their own behalf, without consent of parent/guardian. Also, I would like to point out that almost 80% of the students expelled belong to SC/ST categories and have strived hard to gain admission to IIT, Roorkee – a premier technical institute where they have struggled despite their handicap of not being well versed with the lingua franca of technical education – English. Madam Speaker, through you, I would like to request that the Government permit these students to be reinstated to their courses and technical texts be translated to Hindi for wider dissemination amongst an Indian audience.
DR. UDIT RAJ (NORTH WEST DELHI): Madam, during recruitment of Senior Trainee Pilot (P2) with A320 endorsement in Air India, 78 candidates were selected for appointment – 11 SC and 6 OBC candidates have been selected in general merit category and there are still vacancies in 14 SC, 12 ST and 87 OBC seats. As per MHA order O.M. No. 1/1/70-Estt.SCT, 25th July 1970, “If SC/ST candidates obtained, according to normal position in examination for direct recruitment less vacancies than the number reserved for them, selecting authorities have discretion, in order to make up the deficiency, to select candidates belonging to these communities who may have obtained low place in the examination, provided that such authorities are satisfied that the minimum standard necessary for maintenance of efficiency of administration has been reached in their cases.” DOPT Brochure Reservation SC/ST/OBC Clause 3.8 states, “to the extent the number of vacancies reserved for SC, ST and OBC cannot be filled on the basis of general standard, candidates belonging to these communities will be taken by relaxed standard to make up deficiency in reserved quota, subject to fitness of these candidates for appointment to the posts in question.” Psychometric test, on the basis of which most candidates were rejected, was not part of advertisement issued by Air India and was arbitrarily added to the selection process to accommodate favoured candidates. Rejected candidates are from backward sections and have taken loans from banks to complete their training and hence should be accommodated.
Madam Speaker, the Rajya Sabha has passed the bill to allow reservation in promotion in the winter session 2012, but the same got stuck up in Lok Sabha. The 85th Constitutional Amendment was done by Shri Atal Bihari Vajpayee’s Government, it was challenged in the Supreme Court and the bench of five judges in the Nagaraj case heard the matter and finally withheld with certain riders. The same matter was challenged in Lucknow High Court and in the absence of proper advocacy; the Lucknow High Court disallowed reservation in promotion. It was contested by UP Government in 2 judge bench of Supreme Court which upheld the decision of the Lucknow High Court. Neither the Lucknow High Court nor the 2 judge bench can undo the judgment of the Nagaraj case, but unfortunately it was done in this case. Rajasthan and Bihar Governments have continued reservation in promotion on the basis of reports of the Committee. Currently, thousands of employees are facing reversion in Uttar Pradesh which is against natural justice and hence I urge the Government to pass the Bill to undo the anomalies and provide reservation in promotion.
Almost all Government departments including those under the Union Government of India and those under state Governments have SC/ST welfare associations. Purpose of these welfare associations is to air the grievances of SC/ST employees, but very often they are denied access to authorities. Personal meetings with the authorities and necessary facilities like office accommodation and related paraphernalia are also denied to SC/ST welfare associations as well. At many places, the authorities are pressurized by general category unions not to recognize SC/ST unions and resolve their problems. Even if the SC/ST associations are not provided the facilities and power at par with general unions, their grievances should be entertained and meetings should be granted for them. Often the pretext that there is a dispute, all groups is not entertained by the concerned management. This is nothing except prejudice towards SC/ST associations and there is no harm in authorities granting them time and resolving their grievances. After all, strength of SC/ST employees is around 25% of the total workforce, and neglecting their welfare associations means either disappointing them or neutralizing their opinion, which has an overall bearing on the functioning of the Government. I request that SC/ST welfare associations be should be allowed to hold meetings with the management and present their grievances to them.
Hon’ble Deputy Speaker, I wish to draw your attention towards a very important issue. Today in Uttar Pradesh, around 2 lac employees are facing demotion; many of them have already been demoted. Those belonging to SC/ST communities who had joined on general merit as Inspectors and Constables have also been demoted. They are protesting on roads. Those who were Chief Engineers have become Executive Engineers. In 1997, 5 anti reservation orders were issued before the Vajpayee Government came to power. I am also the National Chairman of All India Confederation of SC/ST Organizations. We fought. Vajpayee Ji passed the 85th Constitutional Amendment to clear the path for reservation in promotion. In 2006, the Supreme Court passed orders saying that this Constitutional Amendment is invalid. We fought against this order as well, so reservation in promotion was saved. The 5 judge bench had said that reservation in promotion is possible, yet the order of the 2 judge bench of the Lucknow High Court on 4.1.2011 says such reservation is not possible. I believe that this is wrong since order of a 5 judge bench of Supreme Court cannot be overturned by a 2 judge bench of a High Court. Employees in Uttar Pradesh are very agitated with the present Samajwadi Government at the state. Lacs are reaching Ramleela Maidan on 7th December to put forth their case. There is no one there to hear their pleas, which is why I am requesting the Government to act immediately so demotions are stopped.
Madam Speaker, I want to draw your attention to a very important issue. In 2004, a Reservation Bill was introduced in Rajya Sabha, this was passed in 2009. There were some faults in the Bill, when it was opposed; the Bill was withdrawn with the condition that it would be reintroduced. However, this condition could not be fulfilled. When UPA came back to power, even then the Bill was not reintroduced. Under the Reservation Act, we are not asking for any additional powers or rights; reservation has been regulated by executive orders till now. There are a number of anomalies due to these executive orders; also there is a need for comprehensive legislation. If this was done, then Gujarat High Court Justice J B Pardiwal would not have said that corruption and reservation are two things destroying the nation. Judges have started saying such things. I expect all parties unite for his impeachment. Reservation is being compared with corruption. This is all due to the collegium system. Madam, the Parliament has passed the Constitutional Amendment for forming the National Judicial Appointments Commission, which was declared void by the collegium. There is a third house in the country, which is unelected and is annulling the laws made by this Parliament. Due to this, lacs of employees in Uttar Pradesh are being demoted. Collegium system has produced such judges. This is why I am appealing to you that such judges be impeached.
Madam Speaker, an Hon’ble Member has just raised the issue of Shashi Mawar, I am aware of this issue and I want to associate with him. The Hon’ble Minister was also informed about this issue; however, there is a need to build pressure on the AIIMS management. Almost every day there are some cases of discrimination over there. Today, you have given me an opportunity to speak; I wish to start with a discussion about the Vajpayee Government. Madam, the Vajpayee Government had done a lot of good works. At that time, employees from all over the country gathered together from 1997 to 2000 under my leadership. When I met Vajpayee Ji, he said that the 5 anti reservation orders were issued during the Gujral and Devegowda Governments, Vajpayee Ji has a large heart, he made 3 constitutional Amendments, out of which the 85th Amendment was brought to the Supreme Court. There was a hearing in this matter in 2006 before a 5 judge bench of the Supreme Court, which is known as the Nagaraj case. The Government did the right thing, the Amendment was saved; however, a lot of conditions were attached to it, which has led to confusion and misconceptions. It is because of this that lacs of employees in Uttar Pradesh are being demoted. I have raised this issue before as well that the Gujarat High Court judge has said that reservation and corruption are destroying the nation. He has compared corruption and reservation. I want to tell him that reservation has benefited the nation. Due to this, wealth of Dalits and the poor has increased, they have become consumers which has benefited corporations and helped them grow. This has led to creation of wealth; the country’s GDP and growth rate have increased. The judge who has said the corruption has destroyed reservation is wrong. That is why I want to say, through you, that people with people with such mindsets should be stopped. Madam, this is an insult for 30 crore people, an insult of Dalits and Adivasis. It is wrong for the judge to say that reservation is destroying the country.
Hon’ble Deputy Speaker, I thank you for giving me the opportunity to speak on this important issue. As far as the issue of compulsory voting is concerned, I want to point that India is a country with huge diversity and the level of education of people is also different. We have to be mindful of caste and economic differences. In such circumstances, we have to find a path of compromise. Voting cannot be made compulsory, but those who do not vote; their annual records or other incentives can be modified accordingly. India is the largest democracy in the world. We cannot force people to vote; first they need to be educated. Through education, people will understand that it is necessary for them to vote, instead of them being forced to vote by making it compulsory. It cannot be said that compulsory voting will definitely bring about a positive change in our system. The mindset of voters is different before, during and after elections. When there are no elections, voters want basic necessities such as electricity, water, employment and healthcare. These necessities are their worries. During elections, people vote based on ideology or caste factors; sometimes with the influence of money, votes are purchased, and sometimes they also vote due to fear. People develop two kinds of thought processes – one before elections and one after. If voting is made compulsory and the mindset of people does not change, then Parliament would not be a true reflection of the will of the people. I do not agree that voting be made compulsory; however, some mechanism and parameters must be developed to incentivize voting. Even smaller countries are facing problems in this case, and want to reverse their decisions about compulsory voting. I do not think that good governance can be brought about by compulsory voting. Persuasion and consensus are the basic elements for exercising franchise. Voters exercise their franchise based on their conscience, making voting compulsory would remove the role of the conscience in selecting the right option – people will be forced to cast their vote. In some places, in local body elections, voting has been made compulsory. I am getting feedback from those areas, it is not good. However, making voting compulsory might be possible at the lower level at villages and local bodies. I cannot say for sure, but at the larger scale, in Assembly and Parliamentary elections, it does not seem possible. We and the Election Commission should take some steps to incentivize voting. The middle class is here only to reject and criticize – they only find faults and criticize the executive and politicians. Politicians are always portrayed badly in India, whether it is in cinema or during discussions over tea by the middle class or in their homes – they can only cast aspersions on politicians. I have noticed that those who are poor, those who live in clusters or in slums; those who survive only on their daily wages, even they go to cast their votes. However those who live in bungalows, those who belong to the upper and upper middle classes; do they exist only to expound the demerits of democracy? They are the ones to blame as they failed to discharge their basic citizenship duty. Voting turnout is lowest among the highly educated and the rich. Another logic they have is that what is the use of voting when everyone is corrupt? This means that they must leave the country and go. If they are staying in this country, they are reaping the benefits of our democracy. I have seen that voter percentage is the lowest in south Delhi. Those who criticize the Government are the ones who are getting all benefits from the Government. They are using roads built by the Government, basic facilities and governance provided by the Government and to that Government they say that I do not want to take part. Those who do not vote do not in any way become a part of the Government. If any Minister is asked; Dr. Harsh Vardhan is present, if we ask him, if we ask the Prime Minister, they say that they will talk to the Government – where is this Government, it is made by the people, by the voters. Those who do not even cast their vote – what locus standi do they have to criticize? Through this discussion, we have an opportunity to convey a message to those who are passive and those who are in the forefront of all criticism. Why is voting necessary? Those who are critics of the Government or critics of the whole political system; in one voice, they dismiss everyone. They must be reminded of their duty and their conscience – the voting percentage should increase. A large number of voters must be brought up in the net of franchise and in casting the vote – that is necessary. I am not, however, in favor of compulsory voting. But there should definitely be some reformative measures. At the end, I say that so much negativity is there about our democracy; so much negativity about electoral politics has to be curbed. This is a very dangerous trend for the country; even the younger generation thinks that politics is not for good people. The sentiments and thoughts that are being created through this are not a good sign for the country; through understanding and proper debate, these things should be taken care of.
Fresh guidelines should mandate earmarking of SCP/TSP funds from plan outlays at least 6 months before the commencement of the next financial year and schemes where benefits to SCs/STs are merely notional not be included in the Sub Plans. A specific institution should be setup at Centre and State levels to allocate SCP/TSP funds to the Ministries/Departments, duly taking into consideration the developmental needs of SCs/STs, so that Ministries/Departments can clearly show the schemes for the development of SCs/STs separately under the separate budget minor heads. The same institution should also be responsible for approvals and issue of sanctions and effective implementation and monitoring of the SCP/TSP. SCP/TSP funds should be deployed with particular focus on education, income generation and access to basic amenities in SC/ST localities in the country. Funds should be non-lapsable and non-divertible. SCP/TSP funds should be channelized only to such schemes where tangible benefits accrue to SC/ST individuals or households or groups or localities. Schemes taken up under the SCP/TSP should be closely monitored and the information should be hosted in the public domain so as to enable anyone to track every scheme. The National Commission for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes(NCST) should be strengthened with adequate professional expertise and provided with supporting manpower to undertake independent evaluation of SCP schemes of the Central Ministries/Departments and to give feedback to these Ministries/Departments. The NCSC can also recommend schemes which have the potential to best address the development needs of SCs to the concerned Central Ministries/Departments for inclusion in their Annual SCP Plans. The Nodal Department may also be empowered to clear the schemes proposed by the departments under the SCP only if the schemes fulfill the criteria of securing direct benefits to SC individuals, households or localities. It has been observed that retired employees continue to lead various unions and employees welfare associations after retirement. This is particularly observed in Ministries of Defence and Railways. The Government should immediately intervene to stop this practice.
Madam Speaker, not much is left to discuss in this issue; however, I would like to say that Hon’ble Members of the Opposition are viewing this issue on the basis of religion. Most of these properties belong to Rajas and Maharajas and irrespective of caste or religion, most of these properties were acquire by the Government and declared national properties. One reason for this is that these properties were not acquired by hard work. Those were the days of the feudal system and these properties were built with money extorted from the common man.
Secondly, reference was made to the judgment of the Supreme Court on this issue. This, the Parliament – the court of the wishes of 125 crore Indians, and much higher than the Supreme Court, formed of the wishes of 5 people. Only 5 judges gave a judgment against the NJAC Bill passed by Parliament. According to the Constitution, the Supreme Court only has the right to interpret laws, not make them. This Parliament makes laws, the Supreme Court should not worry about making laws.
Also, law is always dynamic – judgments of the Supreme Court can also be changed with time and space. This is not the reality that where we were in 2005, we cannot change from there. This is why I support this Bill.
I want to make another request that people involved in such activities and purchases of property should be investigated. Such properties should also be included in these acts. This term has been coined by Congress and we are only taking it forward. So you should not have any objections over it. To conclude, I would like to thank the Hon’ble Home Minister for taking this step. I believe it will both reduce litigations and also speed up disposal of litigations.
On 11th March, 2016 Dr. Udit Raj introduced a private member bill in the Lok Sabha for reservation in private sector. A private member bill means that no political party is responsible for its passage in the House, rather SCs and STs have to come together and create pressure for it. Without this support, no political party can be pressurized for reservation in private sector. Lacs and crores of Dalits from all over the country have to come together and agitate for this right. On 14th March, Dr. Udit Raj raised the issues of Rohith Vemula, improper utilization of funds allocated to SC/STs and scholarships and hostels Suicide of Scheduled Caste students is not a new phenomenon. Before Rohith Vemula, eight more Dalit students in Hyderabad University had also committed suicide during the Congress regime. The earlier suicides of Dalit students never came into limelight. All these cases of suicide must be probed the Government should deal with this matter with complete transparency and ensure justice for all the victims, including Vemula,” demanded Dr. Udit Raj, Member of Parliament (Lok Sabha) and National Chairman, All India Confederation of SC/ST Organizations during a press conference held at Ravi Bhavan in Nagpur on Sunday.
Dr. Raj lamented that though the media highlighted the Vemula incident at the national level, but the biggest irony is that in our society, the discrimination against Dalit students, which has been going on since centuries, rarely gets due prominence and attention. In 2012-13, the UGC spent only 2% of its total funds on welfare activities. This discrimination is not only prevalent in colleges but also very common in schools since many decades. Dr. Raj alleged that while the mid-day meals are a right of every school student, but more than 1000 schools in the country in the country which have a majority of SC/ST students never get mid-day meals.
Dr. Raj also said, “We have to start our work from the school level to remove caste discrimination and also implement this in every sector. Privatization is another field where reserved jobs are filled with contractual workers and Dalits experience caste discrimination.” When asked about the reduction in budgetary allocation to social justice department, Dr. Raj said that he will raise the issue in Parliament. He reiterated the demand for reservation in private sector, strict implementation of existing reservation norms and also to stop contractual employments. Commenting on the recent JNU episode, Dr. Raj said that those trying to spread terrorist ideologies inside the JNU premises should be punished as per law, but cautioned the Central Government against tarnishing the reputation of the entire university and its students. Dr. Udit Raj also criticized Dalit leaders for their myopic vision and factional feuds revolving around their sub castes. He also alleged that many Dalit leaders try to use this inequality and discrimination for their narrow political benefits. Dr. Raj also said that while one cannot deny the reality of discrimination within Dalits by their own people, leaders of SCs and STs should try to end these internal inequalities and not blame the society for their backwardness. He made it clear that while Dr. Babasaheb Ambedkar worked for the equality of all castes, but people today are not following his path and vision. On 15th March 2016, during the Constitution Amendment Bill Madam Speaker, through you, I would like to thank the Minister for adding some castes to the Scheduled Caste list under Article 341 of the Constitution through the means of this Amendment
Madam Speaker, on one hand, communities are being added under the ambit of Articles 341 and 342 of the Constitution, while on the other hand, around 15 to 20% of jobs are obtained on the basis of fake caste certificates. I would like to elaborate on the issue of how reservation is being diluted. The verdict of the Supreme Court should be interpreted as a judgment against reservation in promotion. For issues related to SC/STS, the Supreme Court usually passes a judgment against their welfare or declines to intervene in the issue. This is leading to a double whammy. Percentage of reservation should be increased in accordance with increase of communities in Article 341. According to the 2001 Census, population of SCs is 16.2% and STs is 7.8%. Reservation should be provided in accordance to percentage of increase in population; however, this has not even been discussed till now. The objective of the Government should be to provide maximum benefit to depressed and backward classes. We do not have much of a role to play in addition and deletion of communities in Articles 341 and 342. This cannot be done without approval from the Registrar General of India, as well as without discussions in the National Commission for Scheduled Castes and National Commission for Scheduled Tribes. It has also been observed that although some communities have been added in the SC list, they are not really backward. This problem has been going on since independence. There are also other issues, such as the Khatik sub-caste being included in SC list in Uttar Pradesh, and being in OBC list in Maharashtra and Andhra Pradesh. Through you, I would like to request the Minister that an exhaustive study is carried out into this issue.
A huge amount of paper, manpower and time is wasted as Parliamentary submissions are not in electronic format. Questions and other submissions are typed and sent to the Notice Office by Members, which are again typed by Parliament staff, and then mailed to the concerned Ministries for replies/clarifications. This is nothing more than just creation of useless work. It is very, very imperative that all Parliament submissions be made in electronic format at the earliest. Secondly, letters from Members of Parliament are supposed to acknowledged within fifteen days, and final replies are to be sent within thirty days; in case, it is not possible to send a final reply, an interim reply is to be sent to the Member as per clause (4) of the Office Memorandum dated 1st November 2011 issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training). In scarcely any Ministry/Department, a reply is received post an acknowledgment stating that the matter is being examined, and no further reply is ever received post examination. In such a situation, especially in cases of public grievances, it is very difficult for Members to answer the electorate regarding the status of resolution of their problems. This is not only leading a loss of public confidence about the efficiency and working of the Government amongst people, but also affecting the dignity and supremacy of the House of the People, and should be immediately rectified.
60,000 employees 85th Constitutional Amendment has cleared all clouds as far as reservation in promotion for SCs and STs is concerned. Due to extra Constitutional judicial activism, the amendment was put to judicial review and that case is known as Nagaraj case. Finally, the 5 judges’ bench in Nagaraj case validated 85th amendment, with certain riders and that means once again all doubts were cleared. After that different High Court interpreted this in their own ways and withdrawn the benefits of reservation in promotion. On 30th April 2016, the Jabalpur High Court has again played extra Constitutional judicial activism and withdrawn reservation in promotion. It is urged that the Government should put to an end such extra judicial activism which is against the basic philosophy and structure of the Constitution.
Madam Speaker, I would like to thank the Hon’ble Minister and the Hon’ble Prime Minister for creating the Mudra Bank for creation of entrepreneurs amongst SCs and STs, and for passing amendment in the atrocities act, where the conviction rate earlier was a dismal 3%. I would also like to thank them for the celebrating Dr. Ambedkar’s 125th birth anniversary, as well as for purchase of the house where Dr. Ambedkar stayed in London, and for declaring the house as a national memorial.
It has always been a demand that fresh guidelines should mandate earmarking of SCP/TSP funds from plan outlays at least 6 months before the commencement of the next financial year and schemes where benefits to SCs/STs are merely notional not be included in the Sub Plans. A specific institution should be setup at Centre and State levels to allocate SCP/TSP funds to the Ministries/Departments, duly taking into consideration the developmental needs of SCs/STs, so that Ministries/Departments can clearly show the schemes for the development of SCs/STs separately under the separate budget minor heads. The same institution should also be responsible for approvals and issue of sanctions and effective implementation and monitoring of the SCP/TSP. SCP/TSP funds should be deployed with particular focus on education, income generation and access to basic amenities in SC/ST localities in the country. Funds should be non-lapsable and non-divertible. SCP/TSP funds should be channelized only to such schemes where tangible benefits accrue to SC/ST individuals or households or groups or localities. Schemes taken up under the SCP/TSP should be closely monitored and the information should be hosted in the public domain so as to enable anyone to track every scheme, every household and every rupee spent under the schemes and social auditing of the schemes should also be facilitated. A separate unit should be created in the Niti Aayog under a Principal Advisor for SCP with adequate staff to appraise the Annual SCP Plans of Central Ministries/Departments, finalize the allocations and to evaluate the outcomes at the end of the financial year. This unit shall also be the Secretariat for the High Level Committee (HLC) in the Niti Aayog. In the Central Ministries/Departments, a dedicated nodal unit headed by a Joint Secretary or Economic Advisor should have the responsibility of preparation of the Annual SCP Plans, and also to monitor their subsequent implementation. The National Commission for Scheduled Castes(NCSC) and National Commission for Scheduled Tribes(NCST) should be strengthened with adequate professional expertise and provided with supporting manpower to undertake independent evaluation of SCP schemes of the Central Ministries/Departments and to give feedback to these Ministries/Departments. The NCSC can also recommend schemes which have the potential to best address the development needs of SCs to the concerned Central Ministries/Departments for inclusion in their Annual SCP Plans. An apex body may be set up in all states/UTs with the Chief Minister of the State/UT as the Chairperson. Its duties shall include the formulation of policies, approval of the Annual SCP Plans of the state departments, and monitoring of the progress of SCP so as to take corrective measures for improving the performance of the departments. The Nodal Department may also be empowered to clear the schemes proposed by the departments under the SCP only if the schemes fulfill the criteria of securing direct benefits to SC individuals, households or localities.
The rise in incidents of caste based violence and violence against women throughout the country is a matter of deep concern, including the recent incidents in Gujarat, Kerala, Tamil Nadu etc. Similar incidents are reported almost daily in Uttar Pradesh. Perhaps amongst other states as can be seen from National Crime Records Bureau (NCRB) data all show that perhaps the gradual improvements in material and social status of Dalits, due to reservation in some spheres of Government service and politics, has not been accepted by upper castes, and is leading to an outbreak of cases of violence. This is also result of the failure to break through the shackles of the centuries old caste system. It is very important that local law enforcement officials as well as the general public be sensitized to these issues, and a stronger mechanism be developed to ensure such atrocities are not repeated. On 19th July 2016, Dr. Udit Raj raised the issue of reservation in promotion in banks The orders of the Hon’ble Supreme Court of India dated 9th January 2015 has given a different interpretation to the word concession as mentioned in paragraph 2 of the DOPT OM dated 1st November 1990, which is to the detriment of officers working in Public Sector Banks with respect to the concessions provided to them for promotion. It is imperative that the Government of India, through the Ministry of Finance, immediately issue a circular/Office Memorandum providing reservation till level 6 for officers in Public Sector Banks. Now that lacs of employees have already been demoted in Uttar Pradesh, and similar indications are being seen in states such as Madhya Pradesh, Jammu and Kashmir and Himachal Pradesh amongst others, it is also imperative that the Government immediately bring to force an Act of Parliament regarding reservation in promotion.
The Bureau of Indian Standards in a body constituted through an Act of Parliament under BIS Act, 1986. The Government of India had issued directions to BIS through its controlling Ministry of Consumer Affairs, Food and Public Distribution, order number 4/2/2015 – BIS dated 16th November 2015, which have not been followed by BIS till date. Further, it is apparent that the Bureau of Indian Standards is not functioning as per the directions of the Government of India as the Parliament. I have also requested that the Hon’ble Prime Minister and the Hon’ble Minister of Consumer Affairs, Food and Public Distribution look into the functioning of the BIS, as well as the severe malpractices committed by its Director General, Smt. Alka Panda, IAS. Issues which I have brought to the attention of the Hon’ble Minister include incorrect vigilance clearance given to Smt. Alka Panda in violation of DOPT’s OM regarding vigilance clearance to AIS officers, apart from acts by her leading to an estimated loss of Rs. 4 crore to the exchequer which had been upheld by a Ministerial disciplinary committee as well as no action taken by the Department of Consumer Affairs despite the Minister in the erstwhile Government Shri K V Thomas noting on file that acts of Smt. Alka Panda be referred to the Central Vigilance Commission. Now that the CVC is seized of this issue, I request that the Department of Consumer Affairs probe why such lapses are taking place, as well as why BIS, under its DG Smt. Alka Panda, is not functioning as per directions from the Government of India and Parliament.
The erstwhile Welfare Ministry of the Government of India had issued letter number 12016/33/90-SCP (R. Cell) on 20th November 1990 to all state governments and the Central Government stating that those belonging to the SC/ST communities who were availing of reservation, would not be denied such reservation on converting to Buddhism, and caste certificates could be issued to them with religion mentioned as Buddhism and caste prior to conversion being the basis for issue of such caste certificate. However, most state governments did not follow this guideline, and a Secretary to the Government of Uttar Pradesh had written to the Ministry of Social Justice and Empowerment vide letter number 933 dated 26th March 2016 to confirm whether guidelines issued under the letter dated 20th November 1990 were still valid. Countless SCs and STs throughout the country have converted to Buddhism, and they should continue to get reservation, but when they apply for caste certificates, they are compelled to declare their religion as Hinduism. Madam Speaker, through you, I would like to request the Hon’ble Minister of Social Justice and Empowerment that fresh guidelines in this regard be issued at the earliest.
Hon’ble Deputy Speaker, I will not enter into the issue of Ambedkarism. The issue at hand is that of atrocities against Dalits – BJP versus Congress and Congress versus BJP. If we try to debate only on this issue, then we will never be able to stop atrocities against Dalits. These incidents cannot be reduced through Ambedkarism – harm to the country will continue. I see this issue through two viewpoints – one is the source of such atrocities and the second is the mindset of perpetrators of such atrocities. We generally discuss such atrocities. My learned friend Shri Muniyappa and other speakers before me have spoken about such incidents, but not about the reasons for such incidents. Without such a discussion, such incidents can never be stopped.
Unless there is an honest discussion about such incidents and the cause of such incidents, we can never stop such atrocities – whether it is our Government or your Government or Mayawati’s Government or any other Government. Sometimes, more such incidents are reported and sometimes less. This is the only difference, since these acts are not a law and order issue; rather they talk more about the social framework of our country. Whosever may be in power, the social framework and thought process does not change. Till such time as we fight this thought process, we will not be in a position to change such thoughts and consequently, such acts will continue occurring.
China has progressed much ahead of India, Korea and other countries have developed such a lot – when we look at this in context, it is apparent that attacks on Dalits are occurring either because Dalits are trying to come at par with the so called upper castes or they are fighting for their self respect. Most of the acts can be attributed to such conflicts, fights and atrocities.
These days there is a lot of discussion about gau raksha, and people are also interested in this issue. Article 48 of the Constitution clearly speaks about improving breeds and prohibiting slaughter of cows and calves, and other milch and draught cattle. For cow protection as well as for protection of other breeds, there is a provision in the Constitution, and no one can deny such rights. On behalf of the Government, it has been made clear that we are not on side of the gau rakshaks. There are many involved in extortion and other crimes in the guise of gau raksha, still there are some people who are trying to confuse the issue. In our society, this can be seen both in the economic and cultural values. Even now, agriculture has not become fully mechanized. Especially in Uttar Pradesh and Bihar, and in other states, there is a requirement of draught animals as well as a requirement of milk. It is an economical unit as well.
Sir, now I want to speak about atrocities. Atrocities have not only been committed in Gujarat, but in Uttar Pradesh, Andhra Pradesh and Bihar – if we delve deep into this issue, there will be trouble for some people. There was a time when Dalits were openly shot to death in the streets or burnt in their own houses – no such incidents are reported now. In Kuchua Bin Mani, Nagapattinam, in the year 1968, 44 Dalits were murdered and in Guntur in Andhra Pradesh in 1991, 8 Dalits were killed. I am talking about such incidents because it is not that atrocities against Dalits are perpetrated only under BJP rule, but in states ruled by other parties as well. I am raising this issue since we have been unable to stop atrocities against Dalits. This case against the killers of 8 Dalits was dismissed by the High Court. During these incidents, BJP was not in power in any state. On 11th July, 1996 in Bhotani Tola in Bihar, 21 Dalits were killed and the perpetrators were imprisoned and punished on orders of the High Court, but that case is still pending in the Supreme Court. It takes 15, 20 or even 30 years for the final verdict to be given in such cases; so everyone is encouraged and even emboldened to attack Dalits. The long chain from sessions courts to High Courts and from there to Supreme Courts, money is spent, hearings are adjourned, the accused age and then die a natural death.
None of us are responsible for such incidents; rather, it is our system is responsible. In 2002, I was not a member of any political party, nor had I formed my own party. In 2002 in Dulina in Jhajjar, Haryana, 5 Dalits were murdered since there was a rumour floated that they had killed a cow. In reality, they had only skinned a dead cow, due to which they were killed. The Bharatiya Janata Party was not in power in Haryana then. Then what happened to that case? The guilty were allowed to go scot free and the sentencing is still pending.
Last year, the Government had tried to increase the accountability of the judiciary by creating the National Judicial Appointments Commission – but the judiciary did not agree to it, and the National Judicial Accountability Bill was struck down. I do not hold any political party responsible for this. Our judicial system has become excessively independent and is not accountable to any one – hence, there is no fear any more amongst perpetrators of crimes.
Sir, the conviction rate under the Prevention of Atrocities Act ranges from 2% to 8% – it varies from state to state. In 2012-13, we had tried to understand the conviction rate under the Prevention of Atrocities Act. Due to such low conviction rates, such incidents have increased drastically. Cases initiated under the Prevention of Atrocities Act are finally tried only under the Indian Penal Code. Since these cases are tried under the Indian Penal Code, sentences are lighter; which is another reason why atrocities are increasing and fear amongst the guilty have decreased further. Through you I would like to request the Government to stop this practice, otherwise it will be very difficult to stop atrocities.
Sir, Dr. B R Ambedkar had said that we can establish a political democracy only after we are able to establish a social democracy. In the realm of politics, we are far more democratic. We may not have the perfect democracy in politics, but even now, we have not been able to establish a social democracy. Hence, people are not able to reap the benefits of a democracy – this is another reason for such atrocities.
Sir, who is responsible for the failure of Baba Saheb Dr. Ambedkar’s dreams and ideals? When he introduced the Hindu code Bill in Parliament, Nehru Ji was the Prime Minister. He had approval from Nehru before introducing the Bill and Nehru had also promised to support the Bill; however, the Bill became controversial. At that time, there were some hardcore fundamentalists in the House who questioned how men and women could have equal rights. Before that Bill, women did not have the right to sue for divorce; men had the right to polygamy. When the Government withdrew its support from the Bill, then Dr. Ambedkar was forced to resign from his position. He wanted to correct so many social evils – who was responsible for stopping him? They worked against him in elections so that he could not become a Member of Parliament again. It is not necessary to mention their names here.
There is a famous Dalit leader, who claims to be the only voice of Dalits everywhere. If she is working for our benefit, then we have no objection. During her tenure as Chief Minister, Dalits have lost most of their rights and it is sad that she now claims to be a Dalit leader. When H D Deve Gowda and I K Gujral were the Prime Ministers, then 5 anti-reservation orders were issued by the Government of India. In 1997, when these orders were issued, I was the Deputy Commissioner of Income Tax. SC/STs throughout the country were in a state of disbelief and anger and the All India Confederation of SC/ST Organizations was formed under my leadership. In 1998, when Vajpayee Ji became the Prime Minister, I met him and he jokingly remarked that he had to now atone for another’s sins. What he meant was that the previous Government had passed the anti-reservation orders, and now we had gone to meet him to demand that these orders be withdrawn. The agitation continued from 1997 to 2000, and during the tenure of the Bharatiya Janata Party, the 81st, 82nd and 85th Constitutional Amendments were passed due to which reservation was saved. After this, some engineers from Karnataka challenged these Constitutional Amendments in the High Court. Since their case challenged Constitutional Amendments, the matter went to the Supreme Court, and the case was heard in 2006 by a 5 judge Constitution Bench. At that time, Congress was in power at the Centre and we Muniyappa Ji to ensure that these Amendments were saved. He asked me what we wanted and I asked to him to appoint a private lawyer to defend our case. After this, a private lawyer was appointed and he was paid Rs. 40 lacs by the Government to defend the case. For 11 to 12 days, I personally sat in the Supreme Court, after which the 85th Constitutional Amendment was saved. This Amendment relates to reservation in promotion and consequential seniority.
After this, when a famous leader became the Chief Minister of Uttar Pradesh, our rights were snatched away. This is due to a case heard in the Lucknow High Court regarding reservation in promotion. No one was ready to defend the rights given to us by the Vajpayee Government, and on 4th January 2011, we lost the right to reservation in promotion. Due to this, lacs of Scheduled Caste and Scheduled Tribe employees in Uttar Pradesh have gotten demoted – all this happened during her tenure.
In 2007, when Ku. Mayawati became the Chief Minister; she issued a circular stating that the Prevention of Atrocities Act, also known as the Dalit Act, be invoked only in cases of murder and rape, and for no other issues. At that time, 22 crimes were covered under the Prevention of Atrocities Act, but the Atrocities Act could be invoked only for 2 of them. I had personally filed a Public Interest Litigation in the Allahabad High Court, wherein it was ordered that no modification was permissible in an Act of the Central Government by the state Government. These are two incidents which occurred during Mayawati’s tenure, and I believe these have caused maximum damage to Dalits.
Sir, through you, I would like to draw the attention of the Government towards some good works done by our Government. In December 2015, an amended Prevention of Atrocities Act was passed, under which 123 offences are listed, instead of the 22 in the previous Act. The improvements which have been brought in this Act, if they are implemented, then atrocities against Dalits can be substantially reduced. There is a provision for exclusive special courts in this Act. Cases under the Act and filing of chargesheets have to be mandatorily completed in a maximum of 60 days. This was passed by our Government in December 2015. This Act also talks about the rights of victims, they can ask for information, they can ask for police protection, they can ask for documents and can be given compensation.
Another important provision of this Act is also the State Vigilance Monitoring Committee. The Committee is to meet every 6 months, under the Chairmanship of the Chief Minister, to monitor number of cases filed under the Prevention of Atrocities Act and reasons for delay in adjudication. I stay in Delhi; till today, the Government of Delhi has not constituted the State Vigilance Monitoring Committee, I am not aware of the situation in other states. MPs and MLAs are also to be members of the Committee. MPs have not been asked to the meetings of the Committee, so it can be inferred that the Delhi Government neither knows nor cares about the implementation of the Act. Another achievement of the Government is the setting up of the MUDRA bank through which employment seekers can become employment providers. SCs and STs have been given priority in this. The Prime Minister is giving special attention to whether they are being given loans, to help them become entrepreneurs. Sir, now I am coming to what should be the solution. Now that our system has become like this, we are now suffering the consequences. We had imported the concept of democracy, in the European model of democracy; the state is a welfare state. But there are differences between their social structures and our social structure. In China, there was the Cultural Revolution, in Europe there was the Renaissance and the Reformation. But in our country, there was no major social revolution, due to which old thoughts, caste based thoughts could not be eradicated. After we got independence, we could run the country as we wanted to, but somewhere mistakes were made, and in society, our notion of the welfare state extended to food, clothing, shelter and national security. A Government modelled on the European ideal of a welfare state, felt right and the intervention of the Government could not be in the field of social reform, which was our misfortune.
Another issue I want to touch upon is that now we are being held responsible for everything. All responsibility is now on politicians, whether they be from the Congress, the TDP or the BJP. We have such a huge education system – can they not fight against discrimination? Last year when I was in the US, I addressed the Indians living there and met a doctor whose wife was unhappy about the facts that in schools there, children forget about their status, and make friends with transgenders, blacks and Hispanics. I understood that the power of the American education system could make children free from discrimination, thoughts of status, despite their parents’ views to the contrary. Why could this not be achieved in our country? We have such a huge education system, lacs of schools, thousands of colleges and hundreds of universities – somewhere our education system had abysmally failed. This responsibility which is now on politicians should have been the responsibility of the education system.
Secondly, I want to say that atrocities against SCs and STs will not stop till they are able to achieve economic independence. Wherever possible in the private sector, they should be given an opportunity; I am not saying that it should be done forcefully. I also want to say that religious leaders should also play a role in ending discrimination; the Government alone cannot solve this problem. Inter caste marriages should be promoted, Dr. Ambedkar had also entered into an inter caste marriage. If this had started at the time of independence, then perhaps these problems would have been solved by now.
Sir, even today, SCs and STs are nowhere without reservation. Without reservation, doors to the Lok Sabha would have been closed to us even now. Doors to state legislatures are closed to us without reservation; in media, in capital markets, in import export businesses, in arts and culture, in higher education; wherever, there has been privatisation, the role of Dalits is almost zero. We are not responsible for this, previous Governments are. Those who have run the country for 70 years are answerable for this. When K R Narayanan was the President, he formed a Committee of Governors, which said that the Government has enough land to distribute to the landless, tribals and Scheduled Castes. This blame game about atrocities in Gujarat is wrong. I have spoken about the beatings of Dalits in Kanpur, Dalits in Muzzafarnagar being forced to drink urine, the atrocities in Chikmanglur, and the beatings of Dalits in Patna. To conclude, I want to ask why there has been no Abraham Lincoln in India. Recently I wrote an article in the Indian Express asking why only Dalits fight for Dalits in India. This is an unfortunate situation. In America, the major role in liberation of blacks was of the whites. Why do we not have examples like Abraham Lincoln, Douglas and John Brown in India? He is the greatest President of America since he even laid down his life for liberating the blacks. Whites were not happy with him, so he was shot to death. In India, there has never been such a reformer; there could have been and should have been, then we can break the shackles of the caste system, and without breaking the shackles of the caste system, this country cannot progress much farther. In this country, the two biggest problems are of caste and gender separation – without solving them, all our efforts are in vain; today half of all cases pending in the judiciary relate to caste issues – is this not a wastage of resources? If the foundation was laid right, then we would not have faced these problems. All our efforts, Government efforts, non-Government efforts, all these are not able to become successful; we are not able to make a strong country, since we are engaged in fighting ourselves and our own countrymen. Our country remained in slavery for thousands of years, not because we were weak or poor intellectually, but because we were split into castes. A small country like Israel has controlled several other countries. want to appeal to everyone to fight against caste discrimination and caste oppression. Through this blame game, we are harming the entire country, not just Dalits and tribals.
The creation of an All India Judicial Service (AIJS) was favoured by the Chief Justices’ Conferences held in 1961, 1963 and 1965. The 42nd Constitution Amendment Act was passed for this in 1976, but was not given effect to. The Hon’ble Supreme Court ordered in 1991 that, an All India Judicial Service should be set up and the Union of India should take appropriate steps in this regard. A Constitution Bench of the Supreme Court held that a Constitutional Body like High Courts cannot be believed to be oblivious to the need for a scheme of reservation. A similar judgement was again passed the Hon’ble Supreme Court in 2016. I request the Government that there is no further delay in creation of an All India Judicial Service, which fulfils Constitutional obligations of reservation and includes SC/STs, minorities and women who are not presently adequately represented in the judiciary.
Since October 16, 2013 a black African quota has been passed in South Africa, under which franchises will have to field at least one player from the country’s majority race group, and amateur teams, two. Those franchises that have more than one black African in 70% of their matches will be reimbursed an amount equivalent to the average contract cost of the qualified players. This incentive based reservation was implemented after it was observed that most black African players give up the game between the under-19 and provincial level, at an age at which, if they are not contracted, will need to find jobs. The report also revealed that when black African players do get into the system, they are often further sidelined. Only two black African players turned out in more than 80% of their franchises’ games last season and when they did, they bowled less overs and batted lower down than players of other races. A similar incentive based scheme should be brought into all sports supported either by the Government of India, state Governments or PSUs to increase participation of SC/STs and OBCs in all sports, including cricket