DALIT ONLINE – e News Weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.15..Issue.04........27 / 01 / 2019
SC to examine validation of 10% quota to poor in general category
The bench said that they are examining the matter and hence issuing notice returnable within four weeks. However, they did not stay the operation of the Centre's decision granting quota to the poor in the general category.
The Supreme Court on Friday decided to examine the Centre's decision to grant 10 percent reservation in jobs and education to poor candidates belonging to general category. A bench comprising Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna issued notice to the central government on various petitions challenging the validity of the Constitution (103 Amendment) Act, 2019, which paved the way for grant of quota to poor belonging to general category. "We are examining the matter and hence issuing notice returnable within four weeks," the bench said.
The bench, however, did not stay the operation of the Centre's decision granting quota to the poor in the general category. In the poll year, the Narendra Modi government had come out with the constitutional amendment bill giving quota benefits to the poor among general category candidates.
The petitions were filed by parties including organisations like Janhit Abhiyan and Youth For Equality challenging the Centre's decision. The petition, filed by Youth For Equality, has sought the quashing of the bill saying that the economic criterion cannot be the sole basis for reservation.
The plea has said the bill violates basic feature of the Constitution as reservation on economic grounds cannot be limited to the general categories and the 50 per cent ceiling limit cannot be breached.
A similar plea has been filed by businessman Tehseen Poonawalla seeking to quash the bill, saying that backwardness for the purpose of reservation cannot be defined by "economic status alone". The quota will be over and above the existing 50 per cent reservation to SCs, STs and Other Backward Classes (OBCs).
Lok Sabha and Rajya Sabha cleared the Bill on January 8 and 9 respectively and it has also been signed by President Ram Nath Kovind.
Editorial : BAN Reservation to rich dalits
- Rich must not enjoy at the expense of poor
Basic tenet of our democratic governance and of our constitution is EQUALITY & EQUAL OPPORTUNITY to all Indian citizens.
Reservation policy 4was intended as a short term measure to correct historical injustice to dalits.
Basic principle of criminal justice stipulates you cann't hold a grandson liable for a murder committed by his grandfather a century ago and punish the grandson now.
In the name of correcting historical injustice to dalits , even after extending reservation benefits for 71 years , goverment is practicing apartheid policy. Government is forcefully suppressing a class of citizens so called forward caste people. This is against basic tenet of constitution of india.
These suppressed forward caste people are truly “ NEO-DALITS".
In a running race boys who have practiced hard for years are running in the race sincerely , meanwhile organisers of racers tweak the rules of the game to few participants, gives them motor bikes. Naturally boys on bikes will cross finishing line first than boys on legs. Finally organisers declare boys on bike who crossed finishing line first as the winner. This is exactly what government is doing since 70 years by reservation policy. Is it fair ? Is it not illegal, against constitution? Right way is instead of giving bikes to those boys running training must be given to them. Finally race must be on a level playing ground.
Do remember we are also citizens of india and we are also tax payers. With our money ( public money ) Since 70 years government is suppressing us in the name of forward caste. It is illegal , unconstitutional, violations of constitutional rights , violations of human rights. Now 50% of jobs , seats in educational institutions are divided between SC , ST , OBC, MUSLIMS & minorities totally neglecting poor of all castes & religions. Some of the OBC groups were part of ruling dynasties never faced any social persecution and now with political clout got themselves as backward and enjoying reservation benefits. Whereas Muslims are in majority in Jammu Kashmir , Kerala and Christians are in majority in Kerala / North Eastern States still they are enjoying reservation benefits wrongly as minorities whereas real minorities hindus in those states are getting none of the benefits. We citizens of india as tax payers has right to decide how our tax money is spent by government. We don't want our hard earned money to be wasted on unfit rich people rather we want it to be rightly spent on poor dalits poor hindus poor muslims poor minorities poor OBCs. Within 50% reservation quota 10% must be reserved for poor irrespective of caste, religion. Within a definite time frame caste based reservation must be replaced with poverty based affirmative action. Our Constitution framers Dr.Baba saheb B R AMBEDKAR themselves have fixed 10 years timeline for reservation but our short sighted power hungry politicians have extended it beyond 70 years. Laws should be dependent on present facts not history alone. As the time changes, social scenario changes in sync with time laws must also change must be amended. Then alone country , it's people can prosper.
-
- Hereby, we request Honourable supreme court of india:
1. To identify all citizens suppressed by government in the name of forward caste as “ NEO-DALITS”.
2. To legally punish the public servants who extended reservation policy for 70 years much against the wishes of constitution framers.
3. As a first step fix economic cut off point to separate creamy layers of dalits , OBCs , minorities from reservation benefits.
4. Second step keeping the same economic cut off point identify poor , needy in other castes also and extend the reservation benefits to them also on an equal footing.
5. Finally down the line scrap all caste based reservations instead income based affirmation policy must be brought in. Instead of declaring a person with low marks as passed, selected against many other talented , struggling persons, that low scoring person should be given free coaching facilities, free hostel, fee waiver, etc. But exam rules , selection rules must be same for all.
6. Still if goverment continues with it's crimes of suppressing neo dalits and if apex court also aids the goverment, both of them become criminals.
7. 10% reservation must be accommodated within 50% reservation pie of jobs, seats in educational institutions.
8. Give minority reservation benefits to hindus in jammu kasmir, kerala, north eastern states where actually hindus are in minority whereas muslims Christians are in majority.
9. Fix a definite time line for removal of caste based reservation and it's replacement with poverty based affirmative action.
10. To stop persecution , human rights violations, fundamental rights violations of sections of society falsely declaring all of them as forward.
11. To clearly specify the parameters for declaring a person as backward or forward or minority or oppressed.
12. To remove the forwards among so called backwards, minorities from reservation benefits.
PIL – Ban Reservation to Rich Dalits Muslims OBCs
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2019
IN THE MATTER OF
NAGARAJA . M.R
editor , DALIT ONLINE ,
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
Honourable Chief Secretary , Government of Karnataka ,
Honourable Pricipal Cabinet Secretary , GOI & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Dalits & backward caste people have suffered innumerably for centuries at the hands of forward caste people. It was nothing but APARTHEID policy.
Muslims and other people whoes numbers were minor also suffered persecution.
Our constitutional framers to provide equal oppurtunity to all indian citizens gave certain transient measures like reservation in schools , college , jobs , etc to these persecuted people.
Now even after 71 years of independence & reservation , affirmative policies of government still many dalits , minorities are suffering. Creamy layers of dalits , muslims with political connections have over used , reservation benefits to the maximum denying their own dalit , muslim brothers , sisters of reservation benefits. Few well connected dalit families have over used reservation benefits multiple times , while many poor dalit families have not used reservation even once. Few Scheduled Tribe communities & other backward caste communities didn’t face any social boycott at all in the past. Some of those communities were actually rulers / royals. Still due to political connections now those few ST & few OBC communities are enjoying reservation . As a result few dalits , muslims have become well educated , rich while their poor brothers suffer in ghettos , slums.
In few dalit families both father & mother are in government service based on reservation , has taken fast promotion on reservation , both sons got education on reservation and even got government jobs on reservation. Still that family wants residential site under reservation quota , school seat for grandson under reservation , how is it justified ?
Reservation benefits are provided by public coffers – ie hard earned tax payer’s money belonging to all castes & religions. That money must be properly used to correct historical wrong. Reservation benefit must be given only once to a family , the family member who uses that benefit to get education & appointment reaches a stage of financial independence. In turn that family member must personally spend towards uplifting his other family members instead of relying on government support.
The castes & tribes which didn’t face any social ostracism but enjoying ST & OBC benefits by political connections must be removed from those categories. The poor among those castes & communities must be given financial support for education , self employment , etc based on economic criteria. In this way reservation fund will be preserved & that saved money can be used for other poor SC / ST / OBC / Minority families. So that all SC / ST / OBC / Minority family will come up fast in society.
Private sector which enjoys loans , subsidies , other benefits from government , public banks are not bound by reservation policy , are not bound by social obligation to provide reservation to dalits & muslims.
Successive governments are indirectly segregating people with new names & using them as vote banks. Affirmative actions of government are creating inequalities in society, while constitution of india mandates to treat all citizens as equals.
Basic tenet of our democratic governance and of our constitution is EQUALITY & EQUAL OPPORTUNITY to all Indian citizens.
Reservation policy 4was intended as a short term measure to correct historical injustice to dalits.
Basic principle of criminal justice stipulates you cann't hold a grandson liable for a murder committed by his grandfather a century ago and punish the grandson now.
In the name of correcting historical injustice to dalits , even after extending reservation benefits for 71 years , goverment is practicing apartheid policy. Government is forcefully suppressing a class of citizens so called forward caste people. This is against basic tenet of constitution of india.
These suppressed forward caste people are truly “ NEO-DALITS".
In a running race boys who have practiced hard for years are running in the race sincerely , meanwhile organisers of racers tweak the rules of the game to few participants, gives them motor bikes. Naturally boys on bikes will cross finishing line first than boys on legs. Finally organisers declare boys on bike who crossed finishing line first as the winner. This is exactly what government is doing since 70 years by reservation policy. Is it fair ? Is it not illegal, against constitution? Right way is instead of giving bikes to those boys running training must be given to them. Finally race must be on a level playing ground.
Do remember we are also citizens of india and we are also tax payers. With our money ( public money ) Since 70 years government is suppressing us in the name of forward caste. It is illegal , unconstitutional, violations of constitutional rights , violations of human rights.
We as citizens of india as tax payers has right to decide how our tax money is spent by government.
- Do remember we are also citizens of india and we are also tax payers. With our money ( public money ) Since 70 years government is suppressing us in the name of forward caste. It is illegal , unconstitutional, violations of constitutional rights , violations of human rights. Now 50% of jobs , seats in educational institutions are divided between SC , ST , OBC, MUSLIMS & minorities totally neglecting poor of all castes & religions. Some of the OBC groups were part of ruling dynasties never faced any social persecution and now with political clout got themselves as backward and enjoying reservation benefits. Whereas Muslims are in majority in Jammu Kashmir , Kerala and Christians are in majority in Kerala / North Eastern States still they are enjoying reservation benefits wrongly as minorities whereas real minorities hindus in those states are getting none of the benefits. We citizens of india as tax payers has right to decide how our tax money is spent by government. We don't want our hard earned money to be wasted on unfit rich people rather we want it to be rightly spent on poor dalits poor hindus poor muslims poor minorities poor OBCs. Within 50% reservation quota 10% must be reserved for poor irrespective of caste, religion. Within a definite time frame caste based reservation must be replaced with poverty based affirmative action. Our Constitution framers Dr.Baba saheb B R AMBEDKAR themselves have fixed 10 years timeline for reservation but our short sighted power hungry politicians have extended it beyond 70 years. Laws should be dependent on present facts not history alone. As the time changes, social scenario changes in sync with time laws must also change must be amended. Then alone country , it's people can prosper.
2. Question(s) of Law:
Why not LIMIT reservation only once to a family that too only one family member ? Why NOT limit reservation to only poor among SC / ST / OBC / Minorities ?
3. Grounds:
Request for proper use of reservation funds to needy.
4. Averment:
.
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to limit reservation benefit only to needy among SC / ST / OBC / Minorities.
b. to give reservation benefits like job reservation , subsidized loan , preferrential industrial / residential site allotment , etc only once , only one benefit that too to only one family member. This avoids a single dalit with political connections using multiple reservation benefits and same family members using reservation benefits. Once a dalit gets reservation benefit he must come up on his own and must strive to bring up his other family members. This way reservation benefit will reach other poor dalit families who have not received a single reservation policy benefit.
c. to order government to stop appeasing one minority community by subsidized pilgrimage , marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to bring oppressed on par with forward caste people towards a dignified life but never to put them above others crushing , oppressing poor forward caste people. This goes against constitution & creates new way of APARTHEID & new outcasts.
e. to order government to enforce reservation policy in job , school seats , to private sector also.
f. To extend financial aid , educational aid benefits on par with SC / ST / OBC / Minorities to all economically weak weak people irrespective of their castes , religions.
.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to legally enforce Uniform Civil Code.
b. to give reservation benefits like job reservation , subsidized loan , preferrential industrial / residential site allotment , etc only once , only one benefit that too to only one family member. This avoids a single dalit with political connections using multiple reservation benefits and same family members using reservation benefits. Once a dalit gets reservation benefit he must come up on his own and must strive to bring up his other family members. This way reservation benefit will reach other poor dalit families who have not received a single reservation policy benefit.
c. to order government to stop appeasing one minority community by subsidized pilgrimage , marriage support , etc while denying the same to other community.
d. The intent of our constitutional framers was to bring oppressed on par with forward caste people towards a dignified life but never to put them above others crushing , oppressing poor forward caste people. This goes against constitution & creates new way of APARTHEID & new outcasts.
e. to order government to enforce reservation policy in job , school seats , to private sector also.
f. To extend financial aid , educational aid benefits on par with SC / ST / OBC / Minorities to all economically weak people irrespective of their castes , religions.
g. to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
Hereby, we request Honourable supreme court of india:
1. To identify all citizens suppressed by government in the name of forward caste as “ NEO-DALITS”.
2. To legally punish the public servants who extended reservation policy for 70 years much against the wishes of constitution framers.
3. As a first step fix economic cut off point to separate creamy layers of dalits , OBCs , minorities from reservation benefits.
4. Second step keeping the same economic cut off point identify poor , needy in other castes also and extend the reservation benefits to them also on an equal footing.
5. Finally down the line scrap all caste based reservations instead income based affirmation policy must be brought in. Instead of declaring a person with low marks as passed, selected against many other talented , struggling persons, that low scoring person should be given free coaching facilities, free hostel, fee waiver, etc. But exam rules , selection rules must be same for all.
6. Still if goverment continues with it's crimes of suppressing neo dalits and if apex court also aids the goverment, both of them become criminals.
7. 10% reservation must be accommodated within 50% reservation pie of jobs, seats in educational institutions.
8. Give minority reservation benefits to hindus in jammu kasmir, kerala, north eastern states where actually hindus are in minority whereas muslims Christians are in majority.
9. Fix a definite time line for removal of caste based reservation and it's replacement with poverty based affirmative action.
10. To stop persecution , human rights violations, fundamental rights violations of sections of society falsely declaring all of them as forward.
11. To clearly specify the parameters for declaring a person as backward or forward or minority or oppressed.
12. To remove the forwards among so called backwards, minorities from reservation benefits.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 27.01.2019.. ………………..FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
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